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HomeMy WebLinkAboutLUA14-001181_Report 1STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office• 3190 160th Ave Sf• Bellevue, WA 98008-5452 • 425-649-7000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 March 24, 2015 Richard DiCerchio 4005 Williams Ave N. Renton, WA 98056 Re: City of Renton Permit-LUA14-001181, ECF, SM-Approved Richard DiCerchio and Barbee Mill Waterfront LLC -Applicants Shoreline Substantial Development Permit (SDP) #2015-NW-2728 Dear Mr. DiCerchio: RECEIVED MAR 3 0 2015 CITY OF RENTON PLANNING DIVISION On March 16, 2015, the Department of Ecology received notice that the City of Renton approved your application for an SDP. Your SDP authorizes the construction of joint use residential pier/dock, two mooring pile and two boatlifts within the Lake Washington Reach C-Shoreline High Intensity Environment. By law, local governments must review all SDPs for compliance with: • The Shoreline Management Act (Chapter 90.58 RCW) • Ecology's Substantial Development Permit approval criteria (Chapter 173-27-150 WAC) • The City of Renton Local Shoreline Master Program Local governments, after reviewing SDPs for compliance, are requrred to submit them to Ecology. Your approved SDP has been received by Ecology. Please note, however, that other federal, state, and local permits may be required in addition to these shoreline permits. What Happens Next? Before you begin activities authorized by this permit, the law requires you wait at least 21 days from March 16, 2015, the "date of filing." This waiting period allows anyone (including you) who disagrees with any aspect of this permit to appeal the decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. The Shorelines Hearings Board will notify you by Jetter if they receive an appeal. We recommend that you contact the Shorelines Hearings Board before you begin permit activities to ensure that no appeal has been received. They can be reached at (360) 664-9160 or http://www.eluho.wa.gov/Board/SHB. DiCerchio Joint use Residential Pier March 24, 2015 Page 2 of2 If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apps.leg.wa.gov/wac. Other federal, state, and local permits may be required in addition to this shoreline permit. If you have any questions about this letter, please contact me at (425) 649-4309. Sincerely, IY/~~ Misty Blair, Shoreline Specialist Shorelands and Environmental Assistance Program cc: Barbee Mill Waterfront LLC Evan Wehr, Ecco Design Inc. Kris Sorenson, Associate Planner, City of Renton Karen Walter, Muckleshoot Indian Tribe Fisheries Div. REPLY TO ATTENTION OF Regulatory Branch Mr. Richard DiCerchio 4005 Williams A venue North Renton, Washington 98056 Charles F. Conner, Manager Barbee Mill Waterfront, LLC 4011 Williams Avenue North Renton, Washington 98056 DEPARTMENT OF THE ARMY . SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 MAR 1 3 2015 Reference: NWS-2014-761 Di Cerchia, Richard and Barbee Mill Waterfront, LLC Dear Mr. DiCerchio and Mr. Conner: We have reviewed your application to construct a new pier, and install two watercraft lifts and two mooring piling in Lake Washington at Renton, King County, Washington. Based on the information you provided to us, this "Letter of Permission" (LOP) permit authorizes your proposal as depicted on the enclosed drawings, dated December 30, 2014, which are made part of this permit. In order for this LOP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Letter of Permission General Conditions and the following special conditions: a. You must provide a copy of the pennit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. By accepting this permit, the permittee agrees to accept potential liability for both response costs and natural resource damages, to the same extent as would be inherent under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended (42 U.S.C. 9601 et. Seq.). Further, the permittee agrees that this permit does not exclude the permittee from liability under the CERCLA or the 1989 Washington State Model Toxic Control Act (R.C.W. 70.105), nor does the permit waive any liability for response costs, damages, and any other costs that may be assessed under the CERCLA. Additionally, the permittee agrees the permi!tee will be financially responsible for any logistic problems -2- associated with the construction and operation ofthis project and potential clean-up operations in this portion of Lake Washington. ' c. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Specific Project Information Form for Construction of New or Modification of Existing Residential Overwater Structures and Drive Moorage Piling in Lake Washington, dated October 9, 2014; and the Application Form for RGP I, Watercraft Lifts, dated October 9, 2014. The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on these documents on January 28, 2015 (NMFS Reference Number WCR-2015-1985). The U.S. Fish and Wildlife Service (USFWS) concurred with a finding of "may affect, not likely to adversely affect" based on these documents on January 26, 2015 (USFWS Reference Number OIEWFW00-2015-I-0200). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Seattle District, U.S. Army Corps of Engineers permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. d. In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 16 through December 31 in any year this permit is valid. You shall not conduct in-water work authorized by this permit from January 1 through July 15 in any year this permit is valid. e. A copy of this permit, permit drawings, mitigation planting plan, final authorization letter, and joint-use agreement shall be recorded with the Registrar of Deeds and proof provided to Seattle District, U.S Army Corps of Engineers (Corps), within 60 days after final Corps authorization, to ensure that subsequent property owners are aware of the construction, use, and mitigation requirements. As this authorization is for a joint-use pier, all co-applicants must voluntarily agree to build no additional overwater structures on their property, except for the maintenance or modification of the joint-use overwater structure. This voluntary agreement and the documentation described above must be recorded on the deeds of all involved properties. The project area has a long history of dredging and extensive shoreline modifications. Please be aware that there is no guarantee the Corps will allow maintenance dredging at this site in the future if sediments accumulate. If future maintenance dredging is proposed to maintain navigation depth for this pier, impacts will be evaluated at the time a permit application is submitted for that activity. We have reviewed your project pursuant to the requirements of the Endangered Species Act and the Magnuson-Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat. The Corps has determined that this project will comply with the requirements of the above laws provided you comply with special conditions "c" through "d" listed above. -3- Lake Washington is a water of the U.S. If you believe this is inaccurate, you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Any change in the plans for this work will require !hat you submit revised drawings to this office and receive our v.Ti!ten approval of !hose chm1ges prior to conducting the work. If you object to any te1ms or conditions of this LOP or the JD, you may request an administrative appeal under our regulations (33 CFR Part 331) as described in the enclosed Appeal Process Fae/ Sheet and !he Nolificalion of Administrative Appeal Options and Process and Request/or Appeal form. Your authorization to conduct the proposed work under this permit expires 3 years from the date of this letter. Within 30 days of completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance you have conducted the work and any required mitigation in accordance with the terms and conditions of this LOP, including all special conditions. Please remember that failure to comply with the te1ms and conditions of!his LOP, including any special conditions, will invalidate your authorization and could result in a violation of Federal law. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This fonn and information about our program is available on our website at: www.nws.usace.army.mil (select "Regulatory Branch, Permit Information"). While this project will not require further authorization from us, please note that it must comply with all local, State, and other Federal requirements that may apply. A copy of this letter and permit drawings will be furnished to Mr. Evan Wehr at Ecco Design, 203 North 361h Street, Suite 201, Seattle, Washington 98103. If you have any questions about this letter or our regulatory program, please contact Mr. Jonathan Smith at jonathan.smith@usace.army.mil or by telephone at (206) 316-3037. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Enclosures Colonel, Corps of Engineers District Engineer PROJECT INFORMATION OWNER: RICHARD DICJ=RCHIO -t fu..,-b~e. t-1, / I W"'--te ".p.. ". f I L I. c.. DRAWINGS BY: ECCO DESIGN INC. 203 N 36TH ST SUITE 201 SEATTLE, WA 98103 206-706-3937 SITE ADDRESS: 4005 & 4011 WILLIAMS AVE N RENTON, WA 98056 PARCEL NUMBER: (4005) 0518500480 & (4011) 0518500470 BODY OF WATER: LAKE WASHINGTON LEGAL DESCRIPTION: (0518500480) BARBEE MILL TGW UNO INT IN TRS A,B,C,D,E,F,G, H,1,K,L,M,N,O & P (0518500470) BARBEE MILL TGW UNO INT IN TRS A,B,C,D,E,F,G, H,l,K,L,M,N,O & P VICINITY MAP · · i.IJ ·. l,11e11La1,e SD £:11\"ess.~ · Mt.fi,11<1'!1 .•. Mf Baker · BoU!evard .,;..-la((e · Pfop/e Park 1~i::l1.rnh';i r:ilJ /,,;J; ~Its Sa, J"~, S'. nainier 1/a!lf!y PROJECT SITE: LAT: 47.52848° N U,11 LON: -122.20532° W NW 1/4 S:32 T:24N R:SE "" ;, ' ChisTTJ , .t WF>,>1 ~, Beach P~r~ ~ B~ll,;,·d~ {) :~ '1 Ki/r~mey 1 GlenPilrk L ~,_, .. , , .. , ... M~rcr:r l!':!rtnrl A· fs)and Cresl Paik l ·~/ J 1 'Ji} ' 1 ,. { L--- ' . ' PROJECT DESCRIPTION: CONSTRUCT NEW PIER (400 SQUARE FEET), INSTALL TWO MOORING PILES, AND INSTALL TWO NEW BOAT LIFTS. PLANT NATIVE VEGETATION PER THE PLANTING PLAN. I (o,j) ® ~-" ""'" M.;1wr-~kyway PURPOSE: Boat Moorage DATUM: C.O.E. Locks Datum Est. 1919 ADJACENT PROPERTY OWNERS: 1. Barbee Mill Waterfront LLC 2. The Lake Houses at Eagle Co \ fm;tu ·:Gcil(Link:s ; r· -- NAME: Richard DiCerchio REFERENCE#: NWS-2014-761 SITE LOCATION ADDRESS: 4005 & 4011 Williams Ave. N Renton, WA 98056 t~J1<:I S'. Hi; 'f.l.~\ Renton ,.1 )1 ·-.-I -:,,-~ PROPOSED: Pier & Boat Lifts IN: Lake Washington AT: Renton COUNTY: King STATE: WA SHEET 1 of 8 DATE: December 30, 2014 PLEASE NOTE THAT THE RELINE CONFIGURATION AND PR0, ~RTY LINE LOCATIONS ARE APPROXIMATE ONLY. PROPERTY LINES ARE BASED ON SURVEY REC. NO. 20080208000182. PROPOSED PIER~~--'~ W/TWO BOAT LIFTS & TWO MOORING PILES LAKE WASHINGTON SITE PLAN SCALE 1" ~ 60'-0" \ OHWM 21.85' \ \ \ OHWM 21.85' OHWM--------- 21.85' 0 125 FT THE LAKE HOUSES AT EAGLE CO 4001 WELLS AVE N Reference: NWS-2014-761 Applicant: Richard DiCerchio Proposed: Pier & Boat Lifts At: Renton, WA Sheet 2 of 8 Date: 12/30/2014 14' 6'-0" ,,---,DOCK LADDER PROPOSED 12"0•--t--< MOORING PILES 10" 0 STEEL PILE SET PROPOSED,--1-,?-~ BOAT LIFTS THRUFLOW--------1~ GRATED DECKING Cl N DOCK LIGHT, TYP. (4 TOTAL)-------.JSf-,o:i~-----'t, ELECTRICAL LINE TO BE RUN FROM RESIDENCE AT 4005 WILLIAMS AVE. N. 4" 0 STEEL PILES FOR FIRST SET ELECTRICAL CONDUIT 3" 0 STEEL PIN PILES- DRIVEN ON LAND TO SUPPORT LANDWARD SECTION OF PIER PLAN SCALE 1" = 10'-0" 0 VIEW 20 FT - ~ N 10" 0 STEEL PILE SET 8" 0 STEEL PILE SET Cl ' Cl " 9 Cl "' Reference: NWS-2014-761 Applicant: Richard DiCerchio Proposed: Pier & Boat Lifts At: Renton, WA Sheet 3 of8 Date: 12/30/2014 UNITED STATES Prl'l!ili\rct;E. W'A ~ 16 M.AR 201S PM 1 ~ • Sender: Please print your name, address, and ZIP+4 in this box • \11111 • 1 \I, 1 I I 11 I \\J • Ii \I II 1l\ 1 I •1 I, 111 \ \ p • 1\ 1l \ 1I\ I\ 1ll 11 I'], 11 • Complete Items 1, 2 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: X B. Received D. Is del~ttferent from item 1? '0 Yes If YE~, T' aenvery Jcif1J9'2r}'fJ'"" p No ? ,;;, .' g.-,z:-.' ,. ~ .i"J/ Wy. ~{f! / ~~ice Type ~ertifiedMail D Registered D Insured Mail D Express Mail D Retum Receipt for Merchandise 0 C.0.D. 4. Restricted Delivery? (Extra Fee) D 2. Article Number (Transfer from service label) 7011 0470 0002 8894 2351 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 80'-0" PROPOSED PIER 57' ----·----~- PROPOSED BOAT LIFT~---.. OHW21.85' ELEVATION VIEW SCALE 1" = 10'-0" 0 30 FT APPROX. LOCATION OF LAKEBED Reference: NWS-2014-761 Applicant: Richard DiCerchio Proposed: Pier & Boat Lifts At: Renton, WA Sheet 4 of 8 Date: 12/30/2014 OHW 21.85' A-A PIER SECTION SCALE 1 /2" a 1'-0" 0 4 FT TH RU FLOW GRATED DECKING 4x6 STRINGERS 5 1 /8" X 12" G.L.B. 2x6 JOIST 4x6 JOIST@ 8' O.C. ELECTRICAL CONDUIT STEEL CAP @ PILES 1 O" 0 EPOXY COATED STEEL PILE Reference: NWS-2014-761 Applicant: Richard DiCerchio Proposed: Pier & Boat Lifts At: Renton, WA Sheet 5 of 8 Date: 12/30/2014 LAKE WASHINGTON OHWM 21.85' NOTE: EXISTING PLANTINGS ARE SHOWN IN GRAY, PROPOSED PLANTINGS ARE IN BLACK WI CALL OUT. 3 NOOTKA ROSE- S RED-FLOWERING CURRANT '6 TALL OREGON GRAPE PROPOSED PIER (400 SQ. FT.) PLANTING PLAN SCALE 1" = 20'-0" 0 60 FT --3 NOOTKA ROSE RICHARD DICERCHIO 4005 WILLIAMS AVE N PROPOSED PLANT COUNT RED-FLOWERING CURRANT -11 TOTAL NOOTKA ROSE -6 TOTAL TALL OREGON GRAPE -6 TOTAL _ . ') SHORE PINE-4 TOTAL-( 1-/<!-j)l'\1 C\,..,-j "'/5 Reference: 1,111\1'} ·,Zr, J'f-1(,/ Applicant: Richard DiCerchio Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 8 Date: 12/30/2014 EXISTING PLANT LEGEND 8 AMELANCHIER ALNIFOLIA / SERVICEBERRY 0 SAUX mc,rns,s, snKA w,cow 0 CORNUS STOLONIFERA / RED TWIG DOGWOOD EE) MAHONIA AQUIFOLIUM / TALL OREGON GRAPE @ MAHONIA NERVOSA / LOW OREGON GRAPE G RIBES SANGUINEUM / RED FLOWERING CURRANT 0 ROSA NUTKANA / NOOTKA ROSE @ SYPHORICARPOS ALBUS/ BALD-HIP ROSE @ VACCINUM OVATUM / EVERGREEN HUCKLEBERRY ,I/, HELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS ALLIUM CERNUUM / NODDING ONION D ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK -FRAGARIA CHILOENSIS / BEACH STRAWBERRY I > I GAUL THE RIA SHALLON / SALAL Reference: NWS-2014-761 Applicant: Richard DiCerchio Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 8 Date: 12/30/2014 PLANT MONITORING & MAINTENANCE PLAN PLANTING PERFORMANCE STANDARDS THE REQUIRED PERFORMANCE STANDARDS WILL BE MET FOR THE 5-YEAR MONITORING PERIOD: A. 100% SURVIVAL OF ALL TREES AND SHRUBS FOR THE FIRST TWO YEARS. B. 100% OF TREES AND 80% OF SHRUBS MUST SURVIVE YEARS 3-5. NEW PLANTING IDENTIFICATION BECAUSE OF THE EXISTING PLANTINGS AT THE SITE, NEW PLANTINGS DONE AS MITIGATION FOR THIS PROJECT WILL BE MARKED WITH STAKES TO DIFFERENTIATE THEM FROM THE EXISTING PLANTINGS SO THAT THEY CAN BE EASILY MONITORED FOR THE PL.ANTING REPORTS. PLANTING REPORTS A STATUS REPORT ON THE PROJECT AND MITIGATION, INCLUDING AS-BUILT DRAWINGS, WILL BE SUBMITTED TO THE CORPS WITHIN 12 MONTHS FROM THE DATE THE CORPS ISSUES APPROVAL TO THE PERMITTEE. PLANTING MONITORING REPORTS WILL BE DUE ANNUALLY FOR 5 YEARS FROM THE DATE. Reference: NWS-2014-761 Applicant: Richard DiCerchio Proposed: Pier & Boat Lifts At: Renton, WA Sheet 8 of 8 Date: 12/30/2014 STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuous! y as a weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on February 13, 2015. The full amount of the fee charged for said foregoing publication is the sum of $112.00. / -.. /'_J;;,r,:&t ,,f'/ 4'w!~ GGnda M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 13th day of February, 2015. "f:C 61l..vt ,u_a-~ Kathleen C. Sherman, Notary Public for the State of Washington, Residing in Buckley, Washington ,;. __ / ': ,',;' '.\'< NOTICE OF E'iVIRONMENTAL DETERMINATION ~NVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determi- nation of Non-Significance Miti- gated (DNS? M) for the follow- ing project under the authority of the Renton municipal code. DeCcrchio joint use pier, boat lifts, and canopy LUAl4-001181 Location: 4005 Williams Ave N. Applicant requests Environ- mental SEPA Review and ap- proval of a Shoreline Substantial Development Pennit for con- struction of an 80-foot long joint use dock. 2 mooring piles, and 2 free-standing boat lifts in asso- ciation with 2 residences on the shore of Lake WashingtoR a Shoreline of Statewide Signifi- cance. The project site is 17,348 sf in area in the R-10 zone Con- struction materials would be transported by barge. Eight steel piles and 2 steel mooring piles are to be installed by a barge- mounted vibratory pile driver Two steel pin piles would be driven to support the landward section of the dock. Native shrubs and trees to be planted as project mitigation Appeals or the DNS-M must he filed in writing on or berore 5:00 p.m. on February 27, 2015 Appeals must be filed in writing together with the required fee with:Hearing Exam- mer c/o City Clerk, City of Ren- ton, 1055 S Grady Way, Renton. WA 98057. Appeals to the Hear- ing Examiner are governed by RMC 4-8-110 and more infonna- tion may be obtained from the Renton City Clerk's Office, 425- 430-6510 Published in the Renton Reporter on February 13. 2015. # 1251848 March 4, 2015 State Department of Ecology Northwest Regional Office 3190 160th Ave. SE Bellevue, WA 98008-5452 Community & Economic Development Department C.E. "Chi p"Vi ncent, Administrator SUBJECT: Shoreline Management Substantial Development Permit for DiCerchio Joint Use Residential Pier File No. LUA14-001181, ECF, SM Dear Sir or Madam: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on March 4, 2015. A Determination of Non-Significance-Mitigated was issued by the City's Environmental Review Committee on February 13, 2015. The appeal period ended on February 27, 2015, and no appeals of the threshold determination were filed. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and contact me at (425) 430-6593 if you have any questions or need additional information. Sincerely, f::JA-t ~ .. Mui r ""'° Kris Sorensen Associate Planner Enclosures: Administrative Decision Legal Descriptions Copy of Master Applications Project Narrative Neighborhood Detail Map Notice of Application SEPA Checklist SEPA Determination SEPA Determination Mitigation Measures SEPA Determination Advisory Notes cc: Office of Attorney General Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Washington State Depa, Page2of2 January 7, 2015 t of Ecology Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Barbee Mill Community Organization; c/o Shirley Ely-Morris Management 1nc/Owner Michael & Dorothy Urban/Applicant Troy Hussing, Ecco Design Inc/Contact Ruth Kidd; Torben & Ginnie Hollinsworth; Allison Peryea; Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/ Party{ies) of Record SM cover letter 14-001181 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: March 4, 2015 LUA14-001181, ECF, SM August 28, 2014 September 17, 2014 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: PROJECT MANAGER: OWNER/ APPLICANT: CONTACT: PROJECT LOCATION: LEGAL DESCRIPTION: DiCerchio Joint Use Residential Pier Kris Sorensen, Associate Planner Richard DiCerchio; 4005 Williams Ave N; Renton WA 98056; and Barbee Mill Waterfront LLC; 4011 Williams Ave N Evan Wehr; Ecco Design Inc; 203 N 36th St #201; Seattle WA 98103 4005 & 4011 Williams Ave N 4005 Williams Ave N: Lot 48, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat; And also together with an easement across Lot 47 for ingress, egress and utilities as delineated on the face of said plat. 4011 Williams Ave N: Lot 47, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress City of Renton Department of Community & Economic Development D/Cerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-00ll81, ECF, SM Page 2 of 14 and utilities as delineated an the face of said plat. SEC-TWN-R: NW-32-24-5 PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint use residential pier/dock on the shore of Lake Washington. The dock would have a fully grated 80-foot long, 4 to 6 feet in width with a total area of 400 square feet. The applicant is proposing to install a freestanding boatlift adjacent to an existing community boat dock. Two boatlifts would be located next to the dock approximately 57 feet from the shoreline. The pier construction would be accomplished by driving steel piles using a barge-mounted vibratory pile and installing two 3-inch diameter steel pins on land to support the landward section of the pier. Two 12-inch diameter steel mooring piles would be driven in the water on the southside of the pier, approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support the pier consist of two 4-inch diameter steel piles, four 8-inch diameter steel piles, and two 10- inch diameter steel piles. A canopy to cover the boatlift on the southern side of the dock was originally proposed and is no longer being proposed. The bottom of the dock is approximately 18 inches above the Ordinary High Water Mark (OHWM). The proposed boat lifts would be approximately within 6 to 12 inches above the OHWM in the most upward position when a boat sits on top of the bunkers in a parked position. The boat lifts are approximately 12 feet by 10 feet in size (120 square feet in area) and would sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. The boat lifts were originally proposed at 42 feet from the shoreline and have been revised and located further waterward, at approximately 57 feet in distance from the shoreline. At the deepest point of the lifts, they would be approximately 12 feet below the waterline. 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 from the start of work. The in-water work window within Lake Washington at the site is open from July 16 to December 31. The work is proposed to be completed in July 2015. The boatlifts would be pre-assembled and set in the lake by crane from the construction barge following construction of the pier. A silt containment curtain would be installed around the work area. The joint use dock would provide moorage and facilitate access to Lake Washington for the residents of the two upland properties. The subject properties have approximately 123 feet of Lake Washington shoreline made up of existing rock bulkhead and a metal sheetpile bulkhead with concrete cap. City of Renton Department of Community & Econom;c Development D/Cerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-00ll81, ECF, SM Page 3 of 14 A planting mitigation plan provides for 4 Shore Pine trees, 6 Nootka Rose shrubs, 8 Red- Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005 Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams Ave N property. A monitoring and maintenance plan for the plantings has been provided to evaluate ongoing performance of the plantings over a 5-year period. The subject properties are part of the Conner Homes at Barbee Mill project which includes 114 lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of, but are not limited to, duplexes and single-family residences. The overall site was formerly a lumber mill facility. In order to restore the former industrial site to a site suitable for a residential waterfront subdivision, the mill buildings were demolished, contaminated soils remediated, fill soils were removed from behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and piling associated with the mill operation were removed; and shoreline restoration was accomplished. The shoreline restoration was accomplished by the Barbee Mill Company upon cessation ofthe mill operation. The cost fair market value of the project is $100,000. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS-M) was issued for this project on February 13, 2015. The appeal period of the determination ends February 27, 2015. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permits for the construction of a shared pier/dock connected to the shoreline, installation of two mooring piles, and installation of two boat lifts for the use of two residential properties. 2. The site currently is comprised of two single family residences, each with landscaping between the structure and shoreline and pathways to the shoreline that provide access to the proposed dock. The properties on the north side developed with residential homes and May Creek on the south side. 3. The shared pier would project waterward from the shoreline approximately 80 feet and have boat lifts installed on either side approximately 57 feet from shore. Two mooring piles are located approximately 14 feet south of the pier, one at 80 feet from shoreline and the other 50 feet from the shoreline. The boat lift would be installed on the north side of the existing Community Dock, 4 feet east of the inner harbor line, and approximately 11 feet 6 inches from the sheetpile and concrete shoreline bulkhead to the west. 4. The pier, boat lifts, and mooring piles would provide moo rage and facilitate access to Lake Washington for use by residents and guests 4005 and 4011 Williams Ave N. 5. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-00ll81, ECF, SM Page 4 of 14 from the shore to a distance of 40 feet waterword, and increases to 6 feet in width to the end of the walkway, 80 feet waterword. The pier will be held in place by 8 steel piles in the lake between 4 and 10 inches in diameter and 2 steel piles driven on land 3 inches in diameter. 6. The boat lift dimensions are approximately 175 square feet in area supported on the lake bottom by four 1-foot wide by 1-foot long pads, with a total of 4 square feet sitting on the lake bottom. 7. The two steel mooring piles are 12 inches in diameter. 8. The boat lifts are accessory to the shared pier, and are permitted outright per RMC Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 12 feet below the waterline at their most westerly deepest point. 9. The shared pier would extend waterword from the shoreline pastd the Inner Harbor line into an area of Lake Washington regulated by Department of Natural Resources (DNR). 10. The subject site has priority habitat and is located in areas regulated by the City of Renton Shoreline Master Program for Lake Washington and May Creek although the project is only located in the Lake Washington regulated area. Steep slopes are located on-site on the westerly portion of 4005 Williams Ave N. No other critical areas exist on site. 11. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report, the Environmental (SEPA) Review Report, and the Departmental Recommendation at the end of this report. 12. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS- M) was issued for this project on February 13, 2015 with 5 mitigation measures. The appeal period of the determination ended February 27, 2015. No appeals were filed. 13. An amended project biological evaluation by Marine Surveys & Assessments, dated December 17, 2014, states that for this project there will be no net loss of ecological functions and values which is consistent with the City of Renton' s Shoreline Master Program. 14. The applicant received approval of the planting plan by the Barbee Mill homeowners association for installation of the proposed plantings along May Creek shoreline and Lake Washington shoreline. 15. A mitigation planting plan provides for installation of 4 Shore Pine trees, 6 Nootka Rose \ City of Renton Department of Community & Economic Development DiCerchia Joint Use Residential Pier Shoreline Management Permit LUAl4-00l18l, ECF, SM DATE OF PERMIT: March 4, 2015 Page 5 of 14 shrubs, 8 Red-Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005 Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams Ave N property. 16. The following table contains project elements intended to comply with the Shoreline Master Program standards and policies, as outlined in RMC 4-3-090: A, COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCV', SHORELINE ELEMENTf .· . . .... The site is located in the Shoreline Higti-lntensity qverlay District. Tlie' objectivir of; the Higff, Intensity Overlay is to pmvide opportunities fodarge.;scate: office and cornmercial employment centersaswelt as multi-family residentiaf use. and public: services; .• TMs district provides apport.unities. farwater-dependent · and wate,-orientediuseswhile protecting el1isting;ec9loglci1Hun.citions and festorlng.e.l;CllOgica! fynctioM in areas that have been previous!¥ deg~!fedt oev~r,oiirne~t rnay als(l< provide for public use .ind/or . community. use:.especlalfit. aCCE!SS\t(!' an(t aJl:inlt tf'iit·water'sedgo;r;. Jhe propbli,11. ff compliant witl'i. the following Shoreline pollcies:i · · · · · ' · · ,/ Objective SH-A. Provide far use of the limited water resource consistent with the goals of the Shoreline Management Act by providing a preference for water-oriented uses. Objective SH-B. Provide that the policies, regulations, and administration of the Shoreline Master Program ensure that new uses, development, and redevelopment within the shoreline jurisdiction do not cause a net loss of shoreline ecological functions. Policy SH-7. Existing and future activities on all Shorelines of the State regulated by the City of Renton should be designed to ensure no net lass of ecological functions. Policy SH-14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not became worse than the current condition. This means ensuring no net lass of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flaw; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. B. DEVELOPMENT STANDARDS: The subject site where the pier will be located is classified as Shoreline High Intensity on the City of Renton Shoreline Overlay Map. The following development standards are applicable ta the proposal: 1. No Net Loss of Ecological Functions Required City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 6 of 14 Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment {RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; ,I' infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The applicant provided an addendum to the biological assessment, authored by Morine Surveys & Assessments (who also authored the biological review) stating that the project and mitigation measures and proposed plantings provide for no net loss of ecological functions and values which is consistent with the City of Renton's Shoreline Moster Program. 2. Burden on Applicant Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline ,I' Management Act, including demonstrating all_ reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. 3. View Obstruction and Visual Quality View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or trails. N/A Staff Comment: The proposed shared dock and associated mooring piles and boat lifts are not a primary structure and the dock would be approximately 2.5 feet above the waterline and a boat sitting on the lift bunkers at the highest point would be approximately 5 feet above the waterline. Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet above average finished grade level except at specific locations. ,I' Staff Comment: The dock and boat lifts are less than 35 feet in height above the waterline as mentioned in the previous section. The dock is proposed to project waterword from the shoreline, which is a lower grode than the building pads the existing homes are built on. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall N/A provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. . City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 7 of 14 Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening . ., Staff Comment: The proposed shored dock has four dock lights, with two on either side of the dock and ore not anticipated to create glare, illuminate nearby residential properties, or create hazards for public traffic. As o port of the SEPA Environmental Review, a mitigation measure was applied to the project requiring the lights to have an amber hue, which is anticipated to further reduce impacts of the lights. N/A Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that ., obstructs views of such equipment. Staff Comment: Conduit containing electric wiring is proposed as part of the dock proposal. The conduit is below the walking surface grate, between the supporting stringers that the grate sits upon, which provides for the wiring to be screened from view. Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence . ., Staff Comment: The freestanding boat lifts on either side of the shared pier at their highest point would be below the nearby shoreline bulkhead without a boat, and below the top of the pier at the highest point without a boat. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet in width; provided, that where ADA requirements apply, such facilities may be increased to six feet in width. Stairways shall conform to the existing ., topography to the extent feasible. Staff Comment: The existing walkway along the two properties' shared property line is 4 feet in width, is concrete, and therefore does not exceed the four foot width. 4. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities shall ., be considered in the design plans and their impacts avoided or mitigated . Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or other water and land traffic disturbances beyond those that are part of water and boating City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 8 of 14 related activities on the lake and that occur with a shared pier and moorage. 5. Public Access: . Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. N/A Lake Washington Reach C: The potential for provision of public access from new development will occur after cleanup of the Superfund site with multi-use development, which shall include shoreline access across the entire property, with controlled access to the water's edge, consistent with requirements for vegetation conservation and ecological restoration and provisions for Nater-dependent use, consistent with standards of this Section. Provision of public access from future redevelopment of the Sea hawks and Barbee Mill site shall include a continuous public access trail parallel to the shoreline with controlled public access balanced with provisions for ecological restoration, as well as to shared or commercial docks, consistent with standards of this Section. Staff Comment: The dock, two boatlifts, and mooring piles will not impact or reduce public access established through the Barbee Mill lumber mill clean-up and redevelopment. 6. Building and Development Location,... Shoreline Orientation Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment: The applicant's biological habitat evaluation and related addendums provide an analysis. The location of the shared dock is at the furthest distance from May Creek os possible, which has a more sensitive shoreline designation then Lake Washington. Additionally, comments received from reviewing agencies have been integrated into the project by the applicant and provided far improved site development to reduce impacts in the shoreline and lake areas. In the initial proposal for the project, one of the boat lifts was proposed with a canopy, the boatlifts were ta be installed at approximately 42 feet from the shoreline, and no trees were proposed as part of project mitigation. After receipt of comments received from reviewing agencies, the applicant revised the project. The boat lift canopy is no longer proposed. The boat lifts ore now proposed 57 feet into the lake, 15 feet further than proposed. Additionally, native plantings are to be installed in closer proximity of the Lake Washington shoreline and May Creek shoreline and will include four Shore Pine trees. Based on the revised project proposal, the docks and associated boat lifts are located in the least sensitive portion of the site. City of Renton Department of Community & Economic Development DiCerchlo Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 9 of 14 Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under-building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited ., instances where stabilization is necessary to protect allowed uses, particularly water- dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Staff Comment: Criteria "d" above is applicable to the project. The installation of the shored dock will have a physical connection with the shoreline. To help stabilize the project into the future, the project has been designed to use posts driven into the lake to support the structure with two pin piles to be driven at the beginning of the pier on the shoreline to support the landward section of the pier. It is not anticipated that the proposal would create structural destablization in the future. Any stabilization work if required in the future, would require o shoreline permit and provide required anlysis ta evaluate possible impacts af ecological functions and mitigation requirements. Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or N/A developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. Staff Comment: The proposed location is in on area of Lake Washington where navigation is ., limited, as the site dead-ends into a shoreline sheet pile and concrete cap and bulkhead to the east, and is in an area where other piers are located. As such, the placement of the shared pier, mooring piles, and boat lifts at this location would not result in unreasonable impacts to navigation or recreation. 7. Archaeological, Historical, and Cultural Resources: Detailed Cultural Assessments May Be Required: The City will work with tribal, State, ., Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State and Federal laws protecting such information from general public disclosure. Detailed cultural assessments City of Renton Department of Community & Economic Development D/Cerchlo Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 10 of 14 ,/ ,/ ,/ ,/ may be required in areas with undocumented resources based on the probability of the presence of cultural resources. Staff Comment: The reviewing agency comments received as part of the SEPA review · process, provided the applicant a response from the State Department of Archaeolagy & Historic Preservation (DAHP) that a professional archealogical survey is nat necessary and would probably not be useful. The Department requested that an inadvertent discovery plan be provided for the project. As part of the City's environmental review, the City has required an inadvertant discovery plan as a mitigation measure, as requested by the DAHP. The lnadvertant Archeologica/ and Historic Resource Discovery Plan requires actions upon discovery of protected cultural material, human remains, and/or cultural material that may be protected by law. Coordination Encouraged: Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. Staff Comment: See comment above. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. Staff Camment: See comment above. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies. Staff Comment: See comment above. Access for Educational Purposes Encouraged: Land owners are encouraged to provide access to qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. Staff Comment: See comment above. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit WA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 11 of 14 8. Standards for Density, Setbacks, and Height-Activities Exempt from Buffers and Setbacks The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on' shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV. ,/ Water-Dependent Development: Those portions of approved water-dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. Staff Comment: The shared pier is a facility primarily for moorage and use by residents and guests of the two residential properties. 9. Use Regulations: a. Boat Lifts: ,/ Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are placed as far waterward as feasible and safe, and platform lifts are fully grated. Staff Comment: See the above report subsection 6. "location of Development". b. Recreation Use: Piers and Docks ,/ ,/ N/A N/A Piers and docks shall be designed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor create a hazard to navigation. Staff Comment: The proposal is a shared dock, maorage pi/es, and boat lifts, and being a shared facility lessens the number of docks in the water that may cause interference with the public use and enjoyment of the water. The pier, maorage pilings, and boat lifts project design is anticipated ta minimize interference with the public use and enjoyment of the water and shoreline, and is not anticipated ta create a hazard ta navigation. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. Stoff Comment: The project location and design is not anticipated to result in unreasonable interferere with the use of adjacent docks. The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. The expansion of existing piers and docks is preferred over the construction of new. Staff Comment: The project is a shared pier and is new. The shared pier provides for two properties' use of one dock, rather than the construction of two individual piers far each property. City of Renton Department of Community & Economic Development DiCerchlo Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 12 of 14 N/A N/A The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a single family residence on an existing lot. Staff Comment: The project is a dock accessary to single family residences. All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, including those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. Staff Comment: The biological evaluation and addendum to the evaluation determines that na net lass of ecological function will result from this project's unavoidable impacts due to its water deptendent use. Over-water construction not required for moorage purposes is regulated as a recreation use. New or expanded piers and docks allowed for water-dependent uses shall be consistent with the following criteria. • Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. • Water-related, water-enjoyment and multiple uses may be allowed as part of a dock or pier to serve as water-dependent use structures where they are clearly auxiliary to and in support of water-dependent uses, provided the minimum size requirement needed to meet the water-dependent use is not violated. • Public access is required over all docks utilizing public aquatic lands that serve water-dependent uses, water-enjoyment uses and multiple uses, provided it does not preclude the water-dependent use. • The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. Staff Comment: Boat moorage far the single family residences is proposed through the construction of on aver-water pier, mooring piles, and boat lifts. The project impacts and coverage areas are less than the construction af two individual piers, as the project is a shared pier. The pier length does not extend beyond a length necessary to provide reasonable and safe moorage. Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated February 9, 2015. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-001181, ECF, SM Page 13 of 14 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: , .. m~::.t!!~.::tL 9/ll /-ut~ Date Department of Community & Economic Development APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made . directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. 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: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be City of Renton Department of Community & Economic Development DiCerchio Joint Use Resident/al Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-001181, ECF, SM Page 14 of 14 issued, and foundation inspections must be completed before the end of the two (2) year period. Exhibits/ Attachments: • DiCerchio Joint Use Pier Plan Sheet, Sheets Al.0 and A2.0, prepared by Ecco Design, dated revision November 11, 2014. • Planting Plan, prepared by Ecco Design cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Barbee Mill Community Organization; c/o Shirley Ely-Morris Management Inc Richard DiCerchio/Owner Barbee Mill Waterfront LLC/ Evan Wehr, Ecco Design Inc/Applicant/Contact Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/ Party(ies) of Record •. "U '~ C" s •, a '<I -~ ,a J 1, J .-,~ ., .'i L,. ,". J" J : , 1 > :Cl,: -a.. 0 -:c u 0:: w u - , /I ---r I/ :I I, ~ 1J / r ', '/ I/ ' '' I' I I !:y-----1J ll' C .-.~ ( '( •ii 111 ,, -'-...._,\. G I _; - ' ) I I I ----- I EXHIBIT .,.,_,,.._ Iii 1131d 35n lf'IIOf -,: ·-·-·1 ' OIH)~3)10 O<l'l'H)l<l l lJ l w -> z 0 .... < > W, ... I" wl. ~ I l ' ) I 5 I ) 0 • _ · ·-x ,;.··,;-,t* ·--., · .., .. ,-·--q-.,,.,,,, " - ··~ 1 j ~ ·-1, ~ "<", ~ ';I"<~]", 1-,,I. l :: . .,, L, "<~ ·,.> ( I ;, \ > ( ' ,1 ( ii ' ' > i' ~ \ -i II Ii i ll31d 3S~J.\·~~ -:; -~·····1 ; OIHJ~3J\a a~\IHJ\~ ! I! in t~r ,! il !Iii "I ~~ l i!I ' EXHIBIT 3 'I' uJ a • -~~, > n~ z, <( t .J • II. i ' ' . l~ ! \ 0 • N <( . . ' LAKE WASHINGTON / / • I / / / "o-'O• OHWM--- 21.85' NOTE: EXISTING PLANTINGS ARE SHOWN IN GRAY, PROPOSED PLANTINGS ARE IN BLACK W/ CALL OUT. 3 NOOTKA ROSE 5 RED-FLOWERING CURRANT 6 TALL OREGON GRAPE PLANTING I ( ,-PROPOSED PIER 1 . (400 SQ. FT.) PROPOSED BOAT LIFTS PLAN SCALE 1" = 20'-0" o 60 FT EXHIBIT 3 NOOTKA ROSE RICHARD DICERCHIO 4005 WILLIAMS AVE N / 4 SHORE PINE -· --· -· -· -· -· -· --~ ..--~ .. -· -· PROPOSED PLANT COUNT RED-FLOWERING CURRANT • 11 TOTAL NOOTKA ROSE • 6 TOTAL TALL OREGON GRAPE • 6 TOTAL SHORE PINE • 4 TOTAL -c.. 0 -:c u 0::: w (.) - C " ii :: · ::i\ r;, ... t\'5\~,~\\7- 1 \ j r;:,:.:.~1\\\;c:l'-.:. ... :/; .. :-~J'·· ... ..'.' uu\Si/;.\.Q [;i.l.\UUi!\d uoluau io fq.;~) \ \ ~ ! . I I I I I w > z 0 it~ z < .J 11. w, I-~ ;; ~ 0 • ' ' 0 City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Barbee Mill Watertront LLC DiCerchio Pier ADDRESS: 4011 Williams Ave. N PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 4005 &4011 Williams Ave. N Renton, WA 98056 CITY: Renton, WA ZIP: 98056 TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0518500480 0518500470 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): Residential COMPANY (if applicable): PROPOSED LAND USE(S): No Change EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: COR PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) EXISTING ZONING: TELEPHONE NUMBER: R-10 CONT ACT PERSON PROPOSED ZONING (if applicable): NAME: Evan Wehr SITE AREA (in square feet): 6,592 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): ecco design inc. DEDICATED: ADDRESS: 203 N 36'h St. #201 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Seattle, WA ZIP: 98103 ACRE (if applicable) TELEPHONE NUMBER AND EMAIL ADDRESS: I NUMBER OF PROPOSED LOTS Qf f!p_plicable) -, .. ,,..,-. ·-206-706-3937 evan@eccodesigninc.com NUMBER OF NEW DWELLING U~l,T~}if)~pllcable): C:\Users 1 LoriC\, \.ppData\Local\Microsoft\ Windows\Temporary Internet Files\Content.Outlook\UFS6 VZAS\neighbor land use masfut app.doc· -I • PROJECT I NFORMAT.-:.-10=-N:_:_i( c=-o::..:n.:.:t~i n:..:::uc.::.e~d),___ ______ _ ~I UMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 1 $100,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL i BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): I SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 3,760 D AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): D FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft. applicable): D SHORELINE STREAMS & LAKES sq. ft. ~IUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW i PROJECT (if applicable): --~----~------- D WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY I Attach leaal descriptian on separate sheet with the followinA information included) SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N , RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I. (Print Name/s). .CtID (./1 i 'jITT ,1 Q , declare under penalty of perjury under t~e lav,s of the State of Washington that 1 am (please check one) __ the current owner of the property involved in this application or X the authorized representative to act for a corporation (please anach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. ' ' I) /-/ 'ilc ,.< ( ( L,.-Jt n,:;., 2,/? 2 /Ji...f / Signature of Owner/Representative Date Signature of Owner/Representative Dale , • j , '---I' .. --Cc(. t_'~-, 1., ._ <..:v ·1-i.,/ ,:./ :.)j'-1 ;,\._.:'-.__..., STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfai,t.Q,<,X,~ (dence that Ltm Ch I ~ al {{ IJ signed this instrument a_nd a~~et~ -~i> his/her/their free and voluntary act for the uses and purpose ment10~ \\\\\\ 111 -~ ,,,,, 111,, ~ ~ f: ..a $'<:,~\ON 11-t. ,,,, '-i,, / -J / --,;,-5 # ,A "le,,, "-' .-· 1--. .. /'l ,)rJa.,rlf 3 !/+~.~\\ % -:rut1U&fl,_~,_)IJ./l .. f\tLcL-- oated :; i "° c:, i ;z ; Notary Public in and for the State of Washington 1 U'I \ (.15\..' : 0 -"/ ;.A"" 11) 9 ,ti..$ J.:.. :: ,..,,, o . .-,.-/ /". l/1 • ,,,, V -fl ,I:!> 111111\\W•'~ ~ ;: ,, ,. o... c.,Y,,\ ,;-1111 . ,. \/V/>,.., .... .:' I Ii I \\l"'"'''i ~lotary (Print): _.:·..::i==/:...1' r_J_'1.10{Lc1-f__,.{juj(_1:........::.I_:__. --"B:c-:._,_r_J,,t....J' (:.,_) lulc'-'1-cJt'---' )L-_ I n /c:1 ) JI I My appointment expires: ----'--='-'-1-, _,_ __ 1 µ_:=t:_.__ __________ _ (_' ·. lJ~cn\l.(lriL'\Appl)c1tu.·•.Locoll:\ficrosoft\Windo~VilT cmpornry lntemd Fi!es 1.Content.l JutlnoklLFS6VZ.--\S\ncighbor lanJ use master app.doc City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Richard DiCerchio DiCerchio Pier PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ADDRESS: 4005 Williams Ave. N 4005 & 4011 Williams Ave. N Renton, WA 98056 CITY: Renton, WA ZIP: 98056 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: 425.922.3745 0518500480 0518500470 APPLICANT (if other than owner) EXISTING LAND USE(S): NAME: Residential PROPOSED LAND USE(S): COMPANY (if applicable): No Change EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: COR PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) EXISTING ZONING: TELEPHONE NUMBER: R-10 CONT ACT PERSON PROPOSED ZONING (if applicable): NAME: Evan Wehr SITE AREA (in square feet): 10,756 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): ecco design inc. DEDICATED: ADDRESS: 203 N 36th St. #201 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Seattle, WA ZIP: 98103 ACRE (if applicable) r--. r-::-.. TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable)' . .. ' 206-706-3937 ,' T I•" , ;) ..... "1. r :-·, ) .. j . ; / .' evan@eccodesigninc.com NUMBER OF NEW DWELLING UNITS (if applicable): . . C:\Users\Dick\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VU4572MX\land use master app.doc -I - PROJ~CT INFORMATION (continuel ~-~----~~-------------, NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 4,410 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): PROJECT VALUE: $100,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AR~ TWO I 0 FLOOD HAZARD AREA sq. ft. 0 GEOLOGIC HAZARD sq. ft. 0 HABITAT CONSERVATION sq. ft. 0 SHORELINE STREAMS & LAKES sq. ft. 0 WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N ,RANGE 5E , INTHE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) '<1 c.., liti,::) I Clos /,,.,-'o· hJ, G rc4t<{declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or __ the auihorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. /trLv~t{!Lth I Signature of Owner/Representative Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ·:g ,' ~~~ \) ~ L ~ ~~ ,' 0 signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. ~'"''"""'' Dated ~--'~,~~R LA~ 1,111 Notary Public in le of Washington Date ~ /;+,'V" '"''"\'I\'"' Ga 111 · \ 4--, f ~:-,:}s 0 s110.N ~~.:,~}~• ~ ._)-eh.('\ i Ln .~,j· rf.iy_, _ :0~ ~ ~-t,. '1, < -,.. ,, Notary (Print): ----'-"'""----'-'--'-~---'-------'~....._.....-_,_ \---+--'---- ; ffu ra~ ~ ~ ~ -• ... r,n~ ,: 9 ,, -./ -::::7 ~ ~ % 4 tJa• ,v j ~ E My appointment expires: --~----L_O_-__ l~ (:)~--------- :;. ;i, "' -.... .... t ~ ''~l-2s 1 ~ f ,._o E I ,l'o,, 111 • ~, ...... ~.... -11 '' O lhl\\\\\'-'" "t'&v .;: 111 ;:: WAS\-\' ,.:i" L':\Users\Dick\AppData\Local\Mldcn~'\~t~'ITemporary Internet Fi\es\Content IE5\VU4572MX\land use master app.doc -2- Project Narrative DiCerchio Pier The proposed project is to install a new joint use pier with two boat lifts, one translucent canopy, and two mooring piles for the properties located at 4005 and 4011 Williams Avenue North in Renton Washington. A shoreline substantial development permit and environmental review are required from the City of Renton. The project site and adjacent properties are zoned as Residential 1 Odu/ac (R-10). The project site is on the shoreline of Lake Washington and is approximately 175' from May Creek. A portion of the shoreline is armored with a concrete and steel bulkhead while the remaining portion is armored with a rock bulkhead. Richard DiCerchio is the owner of the property at 4005 Williams Avenue North. 4011 Williams Avenue North is currently owned by Barbee Mill Waterfront LLC. Both properties are single family residential lots that have existing single family houses. The proposed pier will be 400 square feet in area and will be fully grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel piles, and two l 0" diameter steel piles will be driven by a barge-mounted vibratory pile driving system to support the pier. Two 3" diameter steel pin piles will be driven on land to support the landward section of the pier. Also two 12" diameter steel mooring piles will be driven. Two free standing boat lifts will be installed at the pier. A single 10.5' by 3.0' translucent boat canopy will be installed on the boat lift to be located at 4005 Williams Ave North. A dock ladder will be installed at the end of the pier. The estimated fair market value of the project is $100,000. A geotechnical report will be submitted with the building permit application. Per Renton Municipal Code section 4-6- 030 E. I. a. a drainage control plan is not necessary because the area of the pier and canopy is 715 square feet which is less than the 2,000 square foot threshold. There is an existing concrete stair walkway that ends where the pier will connect to land. Twenty- two native shrubs will be planted along the shoreline. ;, LAKE WASHINGTON / NEIGHBORHOOD DETAIL MAP SCALE 1" = 200' 0 500 FT .. -- t:astside Rall Corridor Renton N 40TH ST. ======"'" , NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) A Master Application has been flied and accepted with the Department of Community & Economic Development [CED) -PlanninB Division of the City of Renton. The following briefly describes the appllcatlon and the necessary Publlc Approvals. DATE OF NOTICE OF APPLICATION: LAND USE NUMBER: PROJECT NAME: September 17, 2014 LUA14-0001181, ECF, SM DiCerchio Pier PROJECT DESCRIPTION: The appllcant ls requesting Envlronmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80-foot long joint use dock, one translucent canopy, two mooring piles, and two free-standing boat lifts in association with two attached residentlal units on the shore of Lake Washington,. a Shoreline of Statewide Significance. The proposed project 5ite encompasses two lots (10,756 and 6,592 square feet) for a total area of 17,348 square feet in the R-10 zone. Construction materlals would be transported to the site by barge. Eight steel piles are proposed to be Installed by a barge-mounted vibratory pile driver. Two steel mooring piles would also be driven. To support the landward section of the dock, two steel pin piles would be driven. Twenty-two native shrubs would be planted along the shoreline. PROJECT LOCATION: 4005 & 4011 Williams Ave N OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (ONS.M): As the Lead Agency, the City of Renton has determined that significant environmental Impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.ZlC.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS-M is likely to be issued. Comment periods for the project and the proposed DNS-M are Integrated into a single comment period. There will be no comment period following the issuance of the Threshold Detemilnatlon of Non- Significance-Mitigated (ONS-M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPUCATION DATE: NOTICE OF COMPLETE APPLICATION: August 28, 2014 September 171 2014 APPLICANT/PROJECT CONTACT PERSON: Evan Wehr/Ecco Design, Inc./ 203 N 36th St, Ste. 201/ Seattle, WA 98103 Permits/Review Requested: Other Permits which may be required: Requested Studies: Location where app/lcatfon may be reviewed: Environmental (SEPA) Review, Shoreline Substantial Development Building Permit Biological Assessment, Stream/Lake Study Department of Community & Economic Development (CED)-Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 If you would like to be made a party of record to receive further infom,ation on this proposed project, complete this form and return to: City of Renton, CED-Pl.iinning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: DICerchio Pier/ LUA14-001181, ECF, SM NAME:---------------------------------- MAILING ADDRESS: _______________ City/State/Zip: _________ _ TELEPHONE NO.: --------------- CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mitigation Measures: The subject site Is designated COMP-RMO on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental (SEPA) Checklist, Lake Study and Biological Assessment · Th@ project will be subject to the City's SEPA ordinance, RMC 4-3--090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project Impacts not covered by existing codes and regulations as cited above: Follow construction sequencing and work window as recommended In the submitted biological evaluation/lake study. Comments on the above application must be submitted In writing to Kris Sorensen, Associate Planner, CEO-Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on October 1, 2014. If you have questions about this proposal, or wish to be made a party of record and receive additlonal notification by mall, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project A copy of the subsequent threshold determination is avaltable upon request CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: {425) 430-6593; Eml: ksorensen@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I ' . . # PLANNING DIVISION ENVIRONMENTAL CHECKLlST.· PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions references in the checklist t< read as "proposal," "proposE R:\Temp09112-environmentat checklist.doc involving decisions on EXHIBIT 14 policies, plans and programs), the "property or site" should be ;pectively. 06/09 .. ,, A. BACKGROUND 1. Name of proposed project, if applicable: DiCerchio Pier 2. Name of applicant: Richard DiCerchio 3. Address and phone number of applicant and contact person: Applicant: Richard DiCerchio 4005 Williams Ave. N Renton, WA 98056 425-922-3745 Contact Person: Evan Wehr-ecco design inc. 203 N 36'h Street Suite 201 Seattle, WA 98103 206-706-3937 4. Date checklist prepared: August 19, 2014 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Winter 2014 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Biological Evaluation was prepared by Marine Surveys and Assessments to assess impacts to listed species and/or critical habitat for the project. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known. 10. list any governmental approvals or permits that will be needed for your proposal, if known. Letter of Permission from the Army Corps of Engineers. SOP, SEPA review, and building permit from the City of Renton. HPA from the Washington Department of Fish and Wildlife. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Construct new pier, install two mooring piles, install two new boat lifts, and install a translucent canopy. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 4005 & 4011 Williams Ave. Nin. Renton, WA 98056. Section: NWl/4 32 Town: 24N Range: SE B. ENVIRONMENTAL ELEMENTS -2-06/09 R:\Temp09\12-environmental checklist.doc 1. EARTH a. General description of the site (circle one); flat. rolling, hilly, steep slopes, mountainous, other------- b. What is the steepest slope on the site (approximate percent slope?) The site is relatively flat with the steepest slope along the shoreline being approximately 40%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Sand, gravel, and silt. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading is proposed. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? There will be no change to the amount of impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None proposed. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Low levels of emissions from boat traffic. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air, if any: None. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The work will occur in Lake Washington. -3-06109 R:\Temp09\12-environmental checklist.doc ) 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The pier, boat lifts, and canopies will be constructed on Lake Washington. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. Yes. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. N/ A 2) Could waste material enter ground or surface waters? If so, generally describe. Construction debris could enter surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: A containment boom will be placed around the construction area to contain debris. 4. PLANTS a. Check or circle types of vegetation found on the site: _x_ deciduous tree: alder, maple, aspen, other _x_ evergreen tree: fir, cedar, pine, other b. _x_ shrubs _x_ grass __ pasture __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoil, other __ other types of vegetation What kind and amount of vegetation will be removed or altered? None. -4- R:\T emp09\ 12-environmental checklist.doc 06/09 c. List threatened or endangered species known to be on or near the site. None know. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Twenty-two native shrubs will be planted as mitigation. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk. heron. eagle. songbirds. other--------- Mammals: deer, bear, elk, beaver, other-:--:--------- Fish: bass, salmon. trout. herring, shellfish, other ______ _ b. List any threatened or endangered species known to be on or near the site. Chinook salmon, bull trout, and steelhead. c. Is the site part of a migration route? If so, explain Juvenile salmonids migrate along the lake shoreline. d. Proposed measures to preserve or enhance wildlife, if any: Work will take place during the appropriate work window of July 161h through December 31". 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Solar and electric. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None known. -5 -06109 R:\Temp09\12-environmental checklist.doc 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short- term: Elevated levels of noise from pile driving and construction. Long term: Low levels of noise from boating. 3) Proposed measures to reduce or control noise impacts, if any: Work will take place only during appropriate work hours. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site and adjacent properties are residential. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. An existing house. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R-10 f. What is the current comprehensive plan designation of the site? COR g. If applicable, what is the current shoreline master program designation of the site? Urban h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes, Lake Washington. i. Approximately how many people would reside or work in the completed project? None. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The canopy will be eleven feet above the ordinary high water mark. -6 -06/09 R:\Temp09\12-environmental checklist.doc ,,.., '], b. What views in the immediate vicinity would be altered or obstructed? No. c. Proposed measures to reduce or control aesthetic impacts, if any: None. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Boating and fishing. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. c. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is accessed by Lake Washington Blvd. N just west of 1-405. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 8/10ths of a mile. c. How many parking spaces would the completed project have? How many would the project eliminate? No change. -7 -06/09 R:\Temp09\12-environmental checklist.doc d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Boat traffic on Lake Washington. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any: None. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. UTILITIES a. Circle utilities currently available at the site: electricity. natural gas. water. refuse service, telephone. sanitary sewer. septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: -t&,,.....~c...::-~ ... ~-=-----=------ E v& 'cJ ~ V--Name Printed: Date: -8 -06/09 R:\Temp09\12·environmental checklist.doc D. SUPPLEMENTAL SHEETS FOR NON PROJECT ACTIONS (These sheets should only be used for actions involving decisions on policies, plans and ro rams; You do not need to fill out these sheets for ro'ect actions. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? • 9 • 06109 R:\ T emp09\ 12-environmental checklist.doc ·~.'· , Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature:---------------- Name Printed: Date: -10 -06109 R:\Temp09\12-environmental checklist.doc D~PARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE PROJECT NUMBER: APPLICANT: PROJECT NAME: -MITIGATED (DNS-M} LUA14-001181, ECF, SM Richard DiCerchio DiCerchio Joint Use Residential Pier PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a Shoreline Substantial Development Permit for the construction of a new 80-foot long, fully grated shared pier/dock, two mooring piles, and installation of two freestanding, portable boatlifts in association with two existing single family residences on the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek and regulated shoreline borders the subject properties at the south and is approximately 175 feet from the proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10 zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as mitigation. PROJECT LOCATION: 4005 & 4011 Williams Ave N LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 27, 2015. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: February 13, 2015 Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM DEPARTMENT OF COMMUl\11TY AND ECONOMIC DEVELOPMENT DATE OF DECISION: SIGNATURES: Terry Higashiyama, Administrator Community Services Department FEBRUARY 9, 2015 Date Mar PetersoryAdministrator Fire & Emergency Services ' --z..lctl'-5 c.c\f .. _ / C.E. "Chip" Vi~ent, Administrator Department of Community & Date Economic Development Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM Date DEPARTMENT OF C _ IMUNITY AND ECONOMIC DEVELOPMENT DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA14-001181, ECF, SM Richard DiCerchio/Barbee Mill Waterfront LLC. DiCerchio Joint Use Residential Pier PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a Shoreline Substantial Development Permit for the construction of a new 80-foot long, fully grated shared pier/dock, two mooring piles, and installation of two freestanding, portable boatlifts in association with two existing single family residences on the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek and regulated shoreline borders the subject properties at the south and is approximately 175 feet from the proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10 zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as mitigation. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 4005 & 4011 Williams Ave N The City of Renton Department of Community & Economic Development Planning Division 1. The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and Stream Study/Habitat Report, prepared by Marine Surveys and Assessments, dated August 25, 2014, including the "Construction Sequence" subsection on page 5. 2. 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. 3. 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. 4. 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. 5. The dock lights shall have an amber hue to reduce the impacts of lighting on the dock, where the hue will be a condition of approval for the building permit issued for this project. 6. Implement the inadvertent discovery plan provided by Department of Archaeology & Historic Preservation, as attached to the letter from Gretchen Kaehler, dated November 6, 2014. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they ore not subject to the appeal process for the land use actions. Plan -Planning Review Version 1 I October 22, 2014 Technical Services Comments Bob MacOnie I 425-430-7369 I bmaconie@rentonwa.gov Recommendations: Like the Urban Boat lift application does this project need an easement from the HOA for the area over the second class shorelands abutting the property on the west and east of the inner harbor line; an unlabeled Tract on the plat? There appears to be no such easement in the title report for the property. Plan -Planning Review Version 2 I February 05, 2015 Engineering Review Comments Vicki Grover I 425-430-7291 I vgrover@rentonwa.gov Recommendations: I have reviewed the application for the DiCerchio Pier located at 4005 & 4011 Williams Avenue North and have the following comments: EXISTING CONDITIONS WATER Water service is not a requirement for this project. SEWER Sewer service is not a requirement for this project. STORM There are not any required detention, water quality or conveyance systems for this project. STREETS There are no street frontage improvements required for this project. GENERAL INFORMATIONAL COMMENTS 1. Please refer to the 2009 King County Surface Water Design Manual, pg. 5 31 "Material" when choosing the type of material to be used for the pilings. Epoxy Coating shall be applied to all piles. ERC Mitigation Measures and Advisory Notes Page 2 of3 2. The grate shall be treated to prevent leaching of metals. A leachable metal surface consists of, or is coated with a non ferrous metal that is soluble in water. Refer to the 2009 King County Surface Water Design Manual, pg. 617 "Use of Metal Materials" when considering the grating material to be used for the pier's surface. Thruflow is a trademarked product and acceptable for use. CONDITIONS 1. Please provide documentation to substantiate the fish window time frame of July 16 to December 31. A Hydraulic Project Approval (HPA) will be required. Please provide the City of Renton with a copy once the permit is obtained. 2. During construction, the contractor shall prevent all dust, drips, debris and spills from coming in contact with the water's surface. Needs to be shown on the TESC (Temporary Erosion & Sediment Control Plan). Planning Review Comments Kris Sorensen I 425-430-6593 I ksorensen@rentonwa.gov Recommendations: Planning: 1. RMC section 4 4 030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. ERC Mitigation Measures and Advisory Notes Page 3 af3 .. ..,.., ~----m-·e-,m .......... ,.._.~n-·•~r1 ~~--- City of ~---~rircJrl ·-...,.,.. ,,-....... _,. ~,,,.. -~ OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: OiCerchio Joint Use Residential Pier, Mooring Piles, and Boat lifts PROJECT NUMBER: LUA14-001181, ECF, SM LOCATION: 400S & 4011 William, Ave N DESCRIPTION: THE APPLICANT IS REQUESTING ENVIRONMENTAL REVIEW AND A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A NEW SO-FOOT LONG, FULLY GRATED SHARED PIER/DOCK, TWO MOORING PILES, AND INSTALLATION OF TWO FREESTANDING, PORTABLE BOATLIFTS IN ASSOCIATION WITH TWO EXISTING SINGLE FAMILY RESIDENCES ON THE SHORE OF LAKE WASHINGTON, A SHORELINE OF STATEWIDE SIGNIFICANCE. MAY CREEK AND REGULATED SHORELINE BORDERS THE SUBJECT PROPERTIES AT THE SOUTH AND IS APPROXIMATELY 175 FEET FROM THE PROPOSED PIER LOCATION. THE SUBJECT SITE CONSISTS OF TWO PROPERTIES THAT TOTAL 17,348 SF IN AREA WITHIN THE R-10 ZONE. PIER CONSTRUCTION WOULD BE ACCOMPLISHED BY DRIVING 8 STEEL PILES BETWEEN 4 AND 10 INCHES IN DIAMETER WITH A BARGE-MOUNTED VIBRATORY PILE. TWO 3-INCH DIAMETER STEEL PINS WOULD BE DRIVEN ON LANO TO SUPPORT THE LANDWARD SECTION OF THE PIER. ADDITIONALLY, TWO 12-INCH DIAMETER STEEL MOORING PILES WOULD BE DRIVEN IN THE WATER ON THE SOUTHSIDE OF THE DOCK. A DOCK LADDER WOULD BE INSTALLED AT THE END OF THE PIER. THE BOATUFTS WOULD BE INSTALLED ON EITHER SIDE APPROXIMATELY 57 FEET FROM THE SHORELINE. TWENTY-SEVEN SHORELINE PLANTS ARE PROVIDED AS MITIGATION THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES. Appeals of the environmental determination must be flied in writing on or before 5:00 p.m. on February 27, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: March 4, 2015 LUA14-001181, ECF, SM August 28, 2014 September 17, 2014 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: PROJECT MANAGER: OWNER/ APPLICANT: CONTACT: PROJECT LOCATION: LEGAL DESCRIPTION: DiCerchio Joint Use Residential Pier Kris Sorensen, Associate Planner Richard DiCerchio; 4005 Williams Ave N; Renton WA 98056; and Barbee Mill Waterfront LLC; 4011 Williams Ave N Evan Wehr; Ecco Design Inc; 203 N 36th St #201; Seattle WA 98103 4005 & 4011 Williams Ave N 4005 Williams Ave N: Lot 48, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat; And also together with an easement across Lot 47 for ingress, egress and utilities as delineated on the face of said plat. 4011 Williams Ave N: Lot 47, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-001181, ECF, SM Page 2 of 14 and utilities as delineated an the face of said plat. SEC-TWN-R: NW-32-24-5 PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint use residential pier/dock on the shore of Lake Washington. The dock would have a fully grated 80-foot long, 4 to 6 feet in width with a total area of 400 square feet. The applicant is proposing to install a freestanding boatlift adjacent to an existing community boat dock. Two boatlifts would be located next to the dock approximately 57 feet from the shoreline. The pier construction would be accomplished by driving steel piles using a barge-mounted vibratory pile and installing two 3-inch diameter steel pins on land to support the landward section of the pier. Two 12-inch diameter steel mooring piles would be driven in the water on the southside of the pier, approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support the pier consist of two 4-inch diameter steel piles, four 8-inch diameter steel piles, and two 10- inch diameter steel piles. A canopy to cover the boatlift on the southern side of the dock was originally proposed and is no longer being proposed. The bottom of the dock is approximately 18 inches above the Ordinary High Water Mark (OHWM). The proposed boat lifts would be approximately within 6 to 12 inches above the OHWM in the most upward position when a boat sits on top of the bunkers in a parked position. The boat lifts are approximately 12 feet by 10 feet in size {120 square feet in area) and would sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. The boat lifts were originally proposed at 42 feet from the shoreline and have been revised and located further waterward, at approximately 57 feet in distance from the shoreline. At the deepest point of the lifts, they would be approximately 12 feet below the waterline. 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 from the start of work. The in-water work window within Lake Washington at the site is open from July 16 to December 31. The work is proposed to be completed in July 2015. The boatlifts would be pre-assembled and set in the lake by crane from the construction barge following construction of the pier. A silt containment curtain would be installed around the work area. The joint use dock would provide moorage and facilitate access to Lake Washington for the residents of the two upland properties. The subject properties have approximately 123 feet of Lake Washington shoreline made up of existing rock bulkhead and a metal sheetpile bulkhead with concrete cap. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-001181, ECF, SM Page 3 of 14 A planting mitigation plan provides for 4 Shore Pine trees, 6 Nootka Rose shrubs, 8 Red- Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005 Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams Ave N property. A monitoring and maintenance plan for the plantings has been provided to evaluate ongoing performance of the plantings over a 5-year period. The subject properties are part of the Conner Homes at Barbee Mill project which includes 114 lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of, but are not limited to, duplexes and single-family residences. The overall site was formerly a lumber mill facility. In order to restore the former industrial site to a site suitable for a residential waterfront subdivision, the mill buildings were demolished, contaminated soils remediated, fill soils were removed from behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and piling associated with the mill operation were removed; and shoreline restoration was accomplished. The shoreline restoration was accomplished by the Barbee Mill Company upon cessation of the mill operation. The cost fair market value of the project is $100,000. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS-M) was issued for this project on February 13, 2015. The appeal period of the determination ends February 27, 2015. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permits for the construction of a shared pier/dock connected to the shoreline, installation of two mooring piles, and installation oftwo boat lifts for the use of two residential properties. 2. The site currently is comprised of two single family residences, each with landscaping between the structure and shoreline and pathways to the shoreline that provide access to the proposed dock. The properties on the north side developed with residential homes and May Creek on the south side. 3. The shared pier would project waterward from the shoreline approximately 80 feet and have boat lifts installed on either side approximately 57 feet from shore. Two mooring piles are located approximately 14 feet south of the pier, one at 80 feet from shoreline and the other 50 feet from the shoreline. The boat lift would be installed on the north side of the existing Community Dock, 4 feet east of the inner harbor line, and approximately 11 feet 6 inches from the sheetpile and concrete shoreline bulkhead to the west. 4. The pier, boat lifts, and mooring piles would provide moorage and facilitate access to Lake Washington for use by residents and guests 4005 and 4011 Williams Ave N. S. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit LUA14-001181, ECF, SM Page 4 of 14 from the shore to a distance of 40 feet waterword, and increases to 6 feet in width to the end of the walkway, 80 feet waterword. The pier will be held in place by 8 steel piles in the lake between 4 and 10 inches in diameter and 2 steel piles driven on land 3 inches in diameter. 6. The boat lift dimensions are approximately 175 square feet in area supported on the lake bottom by four 1-foot wide by 1-foot long pads, with a total of 4 square feet sitting on the lake bottom. 7. The two steel mooring piles are 12 inches in diameter. 8. The boat lifts are accessory to the shared pier, and are permitted outright per RMC Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 12 feet below the waterline at their most westerly deepest point. 9. The shared pier would extend waterword from the shoreline pastd the Inner Harbor line into an area of Lake Washington regulated by Department of Natural Resources (DNR). 10. The subject site has priority habitat and is located in areas regulated by the City of Renton Shoreline Master Program for Lake Washington and May Creek although the project is only located in the Lake Washington regulated area. Steep slopes are located on-site on the westerly portion of 4005 Williams Ave N. No other critical areas exist on site. 11. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report, the Environmental (SEPA) Review Report, and the Departmental Recommendation at the end of this report. 12. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS- M) was issued for this project on February 13, 2015 with 5 mitigation measures. The appeal period ofthe determination ended February 27, 2015. No appeals were filed. 13. An amended project biological evaluation by Marine Surveys & Assessments, dated December 17, 2014, states that for this project there will be no net loss of ecological functions and values which is consistent with the City of Renton's Shoreline Master Program. 14. The applicant received approval of the planting plan by the Barbee Mill homeowners association for installation of the proposed plantings along May Creek shoreline and Lake Washington shoreline. 15. A mitigation planting plan provides for installation of 4 Shore Pine trees, 6 Nootka Rose City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 5 of 14 shrubs, 8 Red-Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005 Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams Ave N property. 16. The following table contains project elements intended to comply with the Shoreline Master Program standards and policies, as outlined in RMC 4-3-090: A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT; The site is located in the ShorelineHfgllHrl}en~ityOverlayDistrict, The objective oftheHl~lrltensity Overlay is to provide oppommities for .large0 scale office and commercial employment centers as well as multi-family residentiatuse. and public services.Th!sdlstrlct provides opportunities forwater;~ependent and water-oriented uses while pr1:1tectin~ existfng;ecological functions ,md restoring ecologicaHunctions in areas that have been previoustt ~egraded, Development.may also provide for public use and/or community use, especially access· to and" along: the water's edge, The proposal ls compllant with the following Shoreline policies: ,/ Objective SH-A. Provide for use of the limited water resource consistent with the goals of the Shoreline Management Act by providing a preference for water-oriented uses. Objective SH-B. Provide that the policies, regulations, and administration of the Shoreline Master Program ensure that new uses, development, and redevelopment within the shoreline jurisdiction do not cause a net loss of shoreline ecological functions. Policy SH-7. Existing and future activities on all Shorelines of the State regulated by the City of Renton should be designed to ensure no net loss of ecological functions. Policy SH-14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. B. DEVELOPMENT STANDARDS: The subject site where the pier will be located is classified as Shoreline High Intensity on the City of Renton Shoreline Overlay Map. The following development standards are applicable to the proposal: 1. No Net Loss of Ecological Functions Required City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit WA14-00ll81, ECF, SM DATE OF PERMIT: March 4, 2015 Page 6 of 14 Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; ./ infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The applicant provided an addendum to the biological assessment, authored by Marine Surveys & Assessments (who also authored the biological review) stating that the project and mitigation measures and proposed plantings provide for no net loss of ecological functions ond values which is consistent with the City of Renton's Shoreline Master Program. 2. Burden on Applicant Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline ./ Management Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. 3. View Obstruction and Visual Quality View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or trails. N/A Staff Comment: The proposed shored dock and associated mooring piles and boat lifts are not a primary structure and the dock would be approximately 2.5 feet above the waterline and a boat sitting on the lift bunkers at the highest point would be approximately 5 feet above the waterline. Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet above average finished grade level except at specific locations . ./ Staff Comment: The dock and boat lifts are less than 35 feet in height above the waterline as mentioned in the previous section. The dock is proposed to project waterward from the shoreline, which is a lower grade than the building pads the existing homes are built on. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall N/A provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 7 of 14 Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. ,/ Staff Comment: The proposed shared dock has four dock lights, with two an either side of the dock and are not anticipated ta create glare, illuminate nearby residential properties, or create hazards far public traffic. As a part of the SEPA Environmental Review, a mitigation measure was applied ta the project requiring the lights ta have an amber hue, which is anticipated to further reduce impacts of the lights. N/A Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that ,/ obstructs views of such equipment. Staff Comment: Conduit containing electric wiring is proposed as part of the dock proposal. The conduit is below the walking surface grate, between the supporting stringers that the grate sits upon, which provides for the wiring ta be screened from view. Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. ,/ Staff Comment: The freestanding boat lifts on either side of the shared pier at their highest point would be below the nearby shoreline bulkhead without a boat, and below the top of the pier at the highest paint without a boat. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet in width; provided, that where ADA requirements apply, such facilities may be increased to six feet in width. Stairways shall conform to the existing ,/ topography to the extent feasible. Staff Comment: The existing walkway along the two properties' shared property line is 4 feet in width, is concrete, and therefore does not exceed the four foot width. 4. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities shall ,/ be considered in the design plans and their impacts avoided or mitigated. Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or other water and land traffic disturbances beyond those that are part of water and boating City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit WA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 8 of 14 related activities on the lake and that occur with a shared pier and moorage. 5. Public Access: Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. N/A Lake Washington Reach C: The potential for provision of public access from new development will occur after cleanup of the Superfund site with multi-use development, which shall include shoreline access across the entire property, with controlled access to the water's edge, consistent with requirements for vegetation conservation and ecological restoration and provisions for water-dependent use, consistent with standards of this Section. Provision of public access from future redevelopment of the Seahawks and Barbee Mill site shall include a continuous public access trail parallel to the shoreline with controlled public access balanced with provisions for ecological restoration, as well as to shared or commercial docks, consistent with standards of this Section. Staff Comment: The dock, two boatlifts, and mooring piles will nat impact or reduce public access established through the Barbee Mill lumber mill clean-up and redevelopment. 6. Building and Development Location -Shoreline Orientation Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment: The applicant's biological habitat evaluation and related addendums provide an analysis. The location of the shared dock is at the furthest distance from May Creek as possible, which has a more sensitive shoreline designation then Lake Washington. Additionally, comments received from reviewing agencies have been integrated into the project by the applicant and provided for improved site development to reduce impacts in the shoreline and lake areas. In the initial proposal for the project, one of the boat lifts was proposed with a canopy, the boatlifts were to be installed at approximately 42 feet from the shoreline, and no trees were proposed as part of project mitigation. After receipt of comments received from reviewing agencies, the applicant revised the project. The boat lift canopy is no longer proposed. The boat lifts are now proposed 57 feet into the lake, 15 feet further than proposed. Additionally, native plantings are to be installed in closer proximity of the Lake Washington shoreline and May Creek shoreline and will include four Shore Pine trees. Based on the revised project proposal, the docks and associated boat lifts are located in the least sensitive portion of the site. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 9 of 14 Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under-building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited ., instances where stabilization is necessary to protect allowed uses, particularly water- dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Staff Comment: Criteria "d" above is applicable to the project. The installation af the shared dock will have a physical connection with the shoreline. To help stabilize the project into the future, the project has been designed to use posts driven into the lake to support the structure with two pin piles to be driven at the beginning af the pier on the shoreline to support the landward section of the pier. It is not anticipated that the proposal would create structural destablization in the future. Any stabilization work if required in the future, would require a shoreline permit and provide required anlysis to evaluate possible impacts of ecological functions and mitigation requirements. Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or N/A developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. Staff Comment: The proposed location is in an area of Lake Washington where navigation is ., limited, as the site dead-ends into a shoreline sheet pile and concrete cap and bulkhead to the east, and is in an area where other piers are located. As such, the placement of the shared pier, mooring piles, and boat lifts at this location would not result in unreasonable impacts to navigation or recreation. 7. Archaeological, Historical, and Cultural Resources: Detailed Cultural Assessments May Be Required: The City will work with tribal, State, ., Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State and Federal laws protecting such information from general public disclosure. Detailed cultural assessments City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 10 of 14 ,/ ,/ ,/ may be required in areas with undocumented resources based on the probability of the presence of cultural resources. Staff Comment: The reviewing agency comments received as part of the SEPA review process, provided the applicant a response from the State Department of Archaeology & Historic Preservation {DAHP} that a professional archeologicol survey is not necessary and would probably not be useful. The Department requested that an inadvertent discovery plan be provided for the project. As part of the City's environmental review, the City has required an inadvertant discovery plan as a mitigation measure, as requested by the DAHP. The lnadvertant Archealagicol and Historic Resource Discovery Pion requires actions upon discovery of protected cultural material, human remains, and/or cultural material that may be protected by law. Coordination Encouraged: Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. Staff Comment: See comment above. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. Staff Comment: See comment above. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies. Staff Comment: See comment above. Access for Educational Purposes Encouraged: Land owners are encouraged to provide access to qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. Staff Comment: See comment above. City of Renton Department of Community & Economic Development DiCerchia Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 11 of 14 8. Standards for Density, Setbacks, and Height-Activities Exempt from Buffers and Setbacks The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV. ,/ Water-Dependent Development: Those portions of approved water-dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. Staff Comment: The shared pier is a facility primarily far moorage and use by residents and guests af the two residential properties. 9. Use Regulations: a. Boat Lifts: ,/ Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are placed as far waterward as feasible and safe, and platform lifts are fully grated. Staff Comment: See the above report subsection 6. "Location of Development". b. Recreation Use: Piers and Docks ,/ ,/ N/A N/A Piers and docks shall be designed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor create a hazard to navigation. Staff Comment: The proposal is o shared dock, moorage piles, and boat lifts, and being a shared facility lessens the number of docks in the water that may cause interference with the public use and enjoyment of the water. The pier, moorage pilings, and boat lifts project design is anticipated to minimize interference with the public use and enjoyment of the water and shareline, and is not anticipated ta create a hazard to navigation. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. Staff Comment: The project location and design is not anticipated to result in unreasonable interferere with the use af adjacent docks. The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. The expansion of existing piers and docks is preferred over the construction of new. Staff Comment: The project is a shared pier and is new. The shared pier provides for two properties' use of one dock, rather than the canstruction of two individual piers for each property. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: March 4, 2015 Page 12 of 14 N/A N/A The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a single family residence on an existing lot. Staff Comment: The project is a dock accessory ta single family residences. All piers and docks shall result in no net loss af ecological functions. Docks, piers, and mooring buoys, including those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. Staff Comment: The biological evaluation and addendum ta the evaluation determines that na net loss of ecological function will result from this project's unavoidable impacts due ta its water deptendent use. Over-water construction not required for moorage purposes is regulated as a recreation use. New or expanded piers and docks allowed for water-dependent uses shall be consistent with the following criteria. • Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. • Water-related, water-enjoyment and multiple uses may be allowed as part of a dock or pier to serve as water-dependent use structures where they are clearly auxiliary to and in support of water-dependent uses, provided the minimum size requirement needed to meet the water-dependent use is not violated. • Public access is required over all docks utilizing public aquatic lands that serve water-dependent uses, water-enjoyment uses and multiple uses, provided it does not preclude the water-dependent use. • The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. Staff Comment: Boat moorage for the single family residences is proposed through the construction of an aver-water pier, mooring piles, and boat lifts. The project impacts and coverage areas are less than the construction af two individual piers, as the project is a shared pier. The pier length does not extend beyond a length necessary ta provide reasonable and safe moorage. Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated February 9, 2015. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit WA14-001181, ECF, SM Page 13 of 14 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, AICP, Planning ~r Department of Community & Economic Development '3 / 1..1 / 20 t '5" Date APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. 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: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: March 4, 2015 Shoreline Management Permit WA14-001181, ECF, SM Page 14 of 14 issued, and foundation inspections must be completed before the end of the two (2) year period. Exhibits/ Attachments: • DiCerchio Joint Use Pier Plan Sheet, Sheets Al.O and A2.0, prepared by Ecco Design, dated revision November 11, 2014. • Planting Plan, prepared by Ecco Design cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Barbee Mill Community Organization; c/o Shirley Ely -Morris Management Inc Richard DiCerchio/Owner Barbee Mill Waterfront LLC/ Evan Wehr, Ecco Design Inc/Applicant/Contact Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/ Party(ies) of Record -a.. 0 -::c u 0:: w u - C . , • • ., _.---,. ,i u·1_ · ( ~ ~ ( ( ~ <l ( { I h EXHIBIT I i I "'"-"'"-:: -··-·1 ' '!j3Jd Hn .1N1or ;; o I HJ~ 3 J I a a~ 't H JI~ 11! i s: w > z 0 I- < > w ...J w z < ...J a. w I- "' 0 • <, ( '> ·I 1 \ -/' ___ A._ " \ ) \ < I s; •, I !,- / l~ EXHIBIT j ! ; j, ' -· ., ,, u > ' I -~ C , :! b < ,i ) 0 N < LAKE WASHINGTON * / OHWM- 21.85' NOTE: EXISTING PLANTINGS ARE SHOWN IN GRAY, PROPOSED PLANTINGS ARE IN BLACK W/ CALL OUT. 3 NOOTKA ROSE 5 RED-FLOWERING CURRANT 6 TALL OREGON GRAPE PLANTING / ,--PROPOSED PIER (400 SQ. FT.) ,--PROPOSED i I BOAT LIFTS '' PLAN SCALE 1" = 20'-0" 0 60 FT EXHIBIT \ r--EXISTING / CONCRETE / WALKWAY I \ 1-3 NOOTKA ROSE RICHARD DICERCHIO 4005 WILLIAMS AVE N -c,-4 SHORE PINE I . ..-· ..-· ..-· ..-· ..-· ----..-· ..-· ..-· ..-·· ..-· PROPOSED PLANT COUNT RED-FLOWERING CURRANT -11 TOTAL NOOTKA ROSE -6 TOTAL TALL OREGON GRAPE -6 TOTAL SHORE PINE -4 TOTAL I DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MAN EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: February 27, 2015 LUA14-001181, ECF, SM August 28, 2014 September 17, 2014 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: PROJECT MANAGER: OWNER/APPLICANT: CONTACT: PROJECT LOCATION: LEGAL DESCRIPTION: DiCerchio Joint Use Residential Pier Kris Sorensen, Associate Planner Richard DiCerchio; 4005 Williams Ave N; Renton WA 98056; and Barbee Mill Waterfront LLC; 4011 Williams Ave N Evan Wehr; Ecco Design Inc; 203 N 36th St #201; Seattle WA 98103 4005 & 4011 Williams Ave N 4005 Williams Ave N: Lot 48, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat; And also together with an easement across Lot 47 for ingress, egress and utilities as delineated on the face of said plat. 4011 Williams Ave N: Lot 47, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONS1GN1flCANCE -MITIGATED (DN5-M) POSTED TO NOTIFY INT£RE5lED PERSONS Of AN ENVIRONMENTAL ACTION PROJEC'I NAME, Ol\'.orcNo Joint UH ftaidontlal P;or, Moo~nc PUu, •nt! Boat lilt> PROJEC'IU\JMMft: LUA1"-00111l, ECF,SM lDCATlOff: 4005 l.4011Wllilomo ""'" N 0ESC1<1Pl1DN: THE APPLICANT IS REQUESTING ENVIRONMENTAi. IIEVltW ANO A SHORELINE SU851'ANTIAL OEVUOPMENT PERMIT FOR TH( CON:;TP.UCTION OF A N£W 11().FQOT LONG, FULLY GRATtO SHjl,REO P!ER/OOCK. TWO MOORING PILES, ANO INSTAWITION OF TWO FRUSTANO!NG, PORTABlE BOA TUITT IN ASSOCfATION W!Tll TWO ElCISTING 5!NGL.f FAMILY RESIDENCES ON TIIE SHORE OF LAKE WASHINGTON, A St1QIIEUN£ OF STAT!WIOE SIGN!flCAN<E. ""y CREEK ANO REliULATW SHORELINE BORDERS THE SUlllECf PROPERTIES jl,fTHE SOLITH AND IS APPROXIMATELY 175 FUT fRDM THE PROPOSED PIH LOCATION. TJ,IE SUlllECT srre CONSISTS OF TWO PIIOPERTIES THAT TOTAL 17,348 SF IN AlllA Wl'THIN THE R-10 ZONE. PIER CONSlRUCT\ON WOl/lD U ACCOMPLISHED BY DRIVING 8 STEEL Pll.£S BETWfEN 4ANO LO INCHES IN OIAMITTR WITH A &AIIGE-MOUM'fto VIMATORY PllE, TWO 3·1NCH Oljl,METlll S1UL PINS WOUlD BE DRIVEN ON LANO TO SUPPORT TttE LANOWA!ID SECTION Of' THE PID-ADOITIO!IALLY, TWO l.2·lNCH Qljl.MITTR 5lUI. MOORING PILE.S WOUlD BE DRIVEN ~ THE WATI:R ON TttE 501,/THSIOf OF THE DOCK. jl, DOCK lAOOEA WOUI.D BE !NSTALlEO AT Tl1f END OfTME PIER, THE BOATUFTS WOULD 111: IN5TAUEO ON EITHER SIDE APPROKIMjl,TELY S7 FEET FROM Tl-IE SHORELINE. TWENTY•SEVEN SHOllEUNE PLANTl ME PROVIDED AS MITIGATION TH!' [ITY Qf RENTON EJ\IVIRDNMENTAL REVIEW OOMMITIH IERC) HA5 DETERMINED THAT Tl<E PR0POSE0 ACTION HM PROBABLE SIGNIFICANT IMPACT; WAT CAN BE MITIGATEO THROUGH MITIGATION MEA5LIRES App••I• al th• tflVltO<lmtfltal dotetmlnatlon mull N filed !n wrill"II on or bol<lr• 5:00 i>,m, on F•br..ary l1, 201s, t<>1•th•r with the ro'l"lred h,1 wllt1; l\lrorlnt: E.amlner, City ol R""lon, 1055 :5c<lth Grady Way, R•nton, WA 9B057. Appo;al, to the eumlns ,,. 1<1vomed by Cit/ ol RMC 4-&-110 and lrlfDrmatlon ro1ord1 1111 tho appHI pro,:m, may bo obtained tram 1h1 11<,nton Oty Cork'< Olll<r,, (425) 430-6510. If THE rnv,RONMENTAl. DETERMINATION IS APPEALED, jl, PUBllC HEARING Will BE SET ANO All PARTIES NOTiflEO -,.£<, PLEASE INCLUDE THE PROJECT NUMBER WHEN CAWNG FOR PROPER FILE IDENTIFICATION. CERTIFICATION I, t lr l :5 SO 1"·ijV\.S,{,1V\ , hereby certify that ']. copies of the above document were posted in "I conspicuous places or nearby the desc.ribed property on ---/ '2. ( ( 1 ft 7 Signed: :Kr ';-/~~ ,, _, c I r ' :'.::) Date: STATE OF WASHINGTON ss COUNTY OF KING I certify that I know or have satisfactory evidence that k.-, 5 .S ,-i, r, s e.o signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated;- Notary 9tlic in and for the State of Washington Notary (Print): H 0 /1'=1 •, ' My appointment expires: ___ .:..A=, .:.<w· , ... , :.,-'--'"-'.)'-. (.:.,i_,..,')"'c.,",.,_1_7'--------1J On the 13th day of February, 2015, I deposited in the mails of the United States, a sealed envelope containing ERC Determination and Notice documents. This information was sent to: Agencies See Attached Richard DiCerchio Owner/ Applicant Barbee Mill Waterfront LLC Owner/ Applicant Evan Wehr, Ecco Design Contact {Signature of Sender): STATE OF WASHINGTON ,,,,\\\\\\\\1l .::-''"o'!..L Y Po·'·. COUNTY OF KING ) .::' ~,+ldi"""H '1--_ ·-~f •t0+''1, ~· I certify that I know or have satisfactory evidence that Sabrina Mirante f fo +0 t4'1'.._,~ "%, signed this instrument and acknowledged it to be his/her/their free and voluntary act fort~ 'asis aQ1f purpo~j ,, -;,,: ... - mentioned in the instrument. Dated: u .),:;/) ,I j ~ \ "-v•L\C. ff \ ~ ~.,,,·..?9.17 ,<-$ :< . \ o.,(>, '411,11,"'"\,,, ..... -<..o . ,.., ,. • , -· 1', WA r\\~<) .. Public in and for the State of Washingtoli>\""'' Notary {Print): _____ ,_,/:+_.,•'"!"'i"+--~.._r:7 ..... "'~'""-"'u''--'-------------- My appointment expires: DiCerchio Joint Use Residential Pier LUA14-001181, ECF, SM template -affidavit of service by mailing Dept. of Ecology """ Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region• Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers * Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers*** Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-701S KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS} WDFW -Larry Fisher* 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 Muckleshoot Indian Tribe Fisheries Dept. * Attn: Karen Walter or SEPA Reviewer 39015 -172ml Avenue SE Auburn, WA 98092 Duwamish Tribal Office* Muckleshoot Cultural Resources Program* 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015 172nd Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Environmental Planning Supervisor Attn: Gretchen Kaehler Ms. Shirley Marroquin PO Box 48343 2015. Jackson ST, MS KSC-NR-OSO Olympia, WA 98504-8343 Seattle, WA 98104-3855 City of Newcastle City of Kent Attn: Tim McHarg Attn: Jack Pace Director of Community Development Acting Community Dev. Director 12835 Newcastle Way, Ste 200 220 Fourth Avenue South Newcastle, WA 98056 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Kathy Johnson, Steve Lancaster, Responsible Official 355 110" Ave NE 6200 Southcenter Blvd. Mailstop EST llW Tukwila, WA 98188 Bellevue, WA 98004 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. ,...Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov u•oepartment of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing Evan Wehr Ecco Design Inc. 203 N 36th St, #201 Seattle, WA 98103 BARBEE MILL WATERFRONT LLC 846 108th AVE NE Bellevue. WA 98004 Richard DiCerchio 4005 Williams Ave N Renton, WA 98057 Denis Law Mayor February 13, 2015 Evan Wehr Ecco Design, Ins. 203 N 35th St, #201 Seattle, WA 98103 Community & Economic Development Department C.E. "Chip"Vincent, Administrator SUBJECT: ENVIRONMENTAL {SEPAi THRESHOLD DETERMINATION DiCerchio Joint Use Residential Pier, LUA14-001181, ECF, SM Dear Mr. Wehr: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non-Significance-Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report, for a list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before S:00 p.m. on February 27, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. If you have any further questions, please call me at (425) 430-6593. For the Environmental Review Committee, Kris Sorensen Associate Planner Enclosure cc: Richard DiCerchio & Barbee Mill Waterfront/ Owner(s) Renton City Hall • 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov - ____ D_e:~::::~:_w ______ ........ r City of a . . .ig·rrwn February 13, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on February 9, 2015: SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM} PROJECT NAME: DiCerchio Joint Use Residential Pier PROJECT NUMBER: LUA14-001181, ECF, SM Appeals of the environmental determination must be filed in writing on or before S:00 p.m. on February 27, 201S, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425} 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-6593. For the Environmental Review Committee, f::JA,.t ~ .. Mo r1 tv Kris Sorensen Associate Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter, Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler, Office of Archaeology & Historic Preservation Ramin Pazooki, WSDOT, NW Region Larry Fisher, WDFW Duwamish Tribal Office US Army Corp. of Engineers Renton City Hall , 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov DEPARTMENT OF COMr.;1uNITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE PROJECT NUMBER: APPLICANT: PROJECT NAME: -MITIGATED (DNS-M) LUA14-001181, ECF, SM Richard DiCerchio DiCerchio Joint Use Residential Pier PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a Shoreline Substantial Development Permit for the construction of a new 80-foot long, fully grated shared pier/dock, two mooring piles, and installation of two freestanding, portable boatlifts in association with two existing single family residences on the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek and regulated shoreline borders the subject properties at the south and is approximately 175 feet from the proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10 zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as mitigation. PROJECT LOCATION: 4005 & 4011 Williams Ave N LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 27, 2015. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: February 13, 2015 Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM DEPARTMENT OF COMfv1uNITV AND ECONOMIC DEVELOPMENT DATE OF DECISION: SIGNATURES: Terry Higashiyama, Administrator Community Services Department FEBRUARY 9, 2015 Date / Mar Peterso,vAdministrator Fire & Emergency Services ' -z...t GCl 1-5 c.C \r .._ J C.E. "Chip" Vincent, Administrator Department of Community & Date Economic Development Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM Date DEPARTMENT OF '--MMUNITY AND ECONOMIC DEVELOPMENT DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA14-001181, ECF, SM Richard DiCerchio/Barbee Mill Waterfront LLC. DiCerchio Joint Use Residential Pier PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a Shoreline Substantial Development Permit for the construction of a new 80-foot long, fully grated shared pier/dock, two mooring piles, and installation of two freestanding, portable boatlifts in association with two existing single family residences on the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek and regulated shoreline borders the subject properties at the south and is approximately 175 feet from the proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10 zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as mitigation. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 4005 & 4011 Williams Ave N The City of Renton Department of Community & Economic Development Planning Division 1. The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and Stream Study/Habitat Report, prepared by Marine Surveys and Assessments, dated August 25, 2014, including the "Construction Sequence" subsection on page 5. 2. 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. 3. 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. 4. 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. 5. The dock lights shall have an amber hue to reduce the impacts of lighting on the dock, where the hue will be a condition of approval for the building permit issued for this project. 6. Implement the inadvertent discovery plan provided by Department of Archaeology & Historic Preservation, as attached to the letter from Gretchen Kaehler, dated November 6, 2014. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are nat subject to the appeal process for the land use actions. Plan -Planning Review Version 1 I October 22, 2014 Technical Services Comments Bob MacOnie I 425-430-7369 I bmaconie@rentonwa.gov Recommendations: Like the Urban Boat lift application does this project need an easement from the HOA for the area over the second class shorelands abutting the property on the west and east of the inner harbor line; an unlabeled Tract on the plat? There appears to be no such easement in the title report for the property. Plan -Planning Review Version 2 I February 05, 2015 Engineering Review Comments Vicki Grover I 425-430-7291 I vgrover@rentonwa.gov Recommendations: I have reviewed the application for the DiCerchio Pier located at 4005 & 4011 Williams Avenue North and have the following comments: EXISTING CONDITIONS WATER Water service is not a requirement for this project. SEWER Sewer service is not a requirement for this project. STORM There are not any required detention, water quality or conveyance systems for this project. STREETS There are no street frontage improvements required for this project. GENERAL INFORMATIONAL COMMENTS 1. Please refer to the 2009 King County Surface Water Design Manual, pg. 5 31 "Material" when choosing the type of material to be used for the pilings. Epoxy Coating shall be applied to all piles. ERC Mitigation Measures and Advisory Notes Page 2 of 3 2. The grate shall be treated to prevent leaching of metals. A leachable metal surface consists of, or is coated with a non ferrous metal that is soluble in water. Refer to the 2009 King County Surface Water Design Manual, pg. 617 "Use of Metal Materials" when considering the grating material to be used for the pier's surface. Thruflow is a trademarked product and acceptable for use. CONDITIONS 1. Please provide documentation to substantiate the fish window time frame of July 16 to December 31. A Hydraulic Project Approval (HPA) will be required. Please provide the City of Renton with a copy once the permit is obtained. 2. During construction, the contractor shall prevent all dust, drips, debris and spills from coming in contact with the water's surface. Needs to be shown on the TESC (Temporary Erosion & Sediment Control Plan). Planning Review Comments Kris Sorensen I 425-430-6593 I ksorensen@rentonwa.gov Recommendations: Planning: 1. RMC section 4 4 030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. ERC Mitigation Measures and Advisory Notes Page 3 of 3 r; I I . I . ) ... OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M} POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: DiCerchio Joint Use Residential Pier, Mooring Piles, and Boat lifts PROJECT NUMBER: LUA14-001181, ECF, SM LOCATION: 4005 & 4011 Williams Ave N DESCRIPTION: THE APPLICANT IS REQUESTING ENVIRONMENTAL REVIEW AND A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A NEW 80-FOOT LONG, FULLY GRATED SHARED PIER/DOCK, TWO MOORING PILES, AND INSTALLATION OF TWO FREESTANDING, PORTABLE BOATLIFTS IN ASSOCIATION WITH TWO EXISTING SINGLE FAMILY RESIDENCES ON THE SHORE OF LAKE WASHINGTON, A SHORELINE OF STATEWIDE SIGNIFICANCE. MAY CREEK ANO REGULATED SHORELINE BORDERS THE SUBJECT PROPERTIES AT THE SOUTH AND IS APPROXIMATELY 175 FEET FROM THE PROPOSED PIER LOCATION. THE SUBJECT SITE CONSISTS OF TWO PROPERTIES THAT TOTAL 17,348 SF IN AREA WITHIN THE R-10 ZONE. PIER CONSTRUCTION WOULD BE ACCOMPLISHED BY DRIVING 8 STEEL PILES BETWEEN 4 ANO 10 INCHES IN DIAMETER WITH A BARGE-MOUNTED VIBRATORY PILE. TWO 3-INCH DIAMETER STEEL PINS WOULD BE DRIVEN ON LANO TO SUPPORT THE LANDWARD SECTION OF THE PIER. ADDITIONALLY, TWO 12-INCH DIAMETER STEEL MOORING PILES WOULD BE DRIVEN IN THE WATER ON THE SOUTHSIDE OF THE DOCK. A DOCK LADDER WOULD BE INSTALLED AT THE END OF THE PIER. THE BOATLIFTS WOULD BE INSTALLED ON EITHER SIDE APPROXIMATELY 57 FEET FROM THE SHORELINE. TWENTY-SEVEN SHORELINE PLANTS ARE PROVIDED AS MITIGATION THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ER() HAS DETERMINED THAT THE PROPOSED ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 27, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ( ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DA TE: Project Name: Project Number: Project Manager: Owner/Applicant: Contact: Project Location: Project Summary: Exist. Bldg. Area SF: February 9, 2015 DiCerchio Joint Use Residential Pier LUA14-001181, ECF, SM Kris Sorensen, Associate Planner Richard DiCerchio; 4005 Williams Ave N; Renton WA 98056; and Barbee Mill Waterfront LLC; 4011 Williams Ave N Evan Wehr; Ecco Design Inc; 203 N 36'h St #201 4005 & 4011 Williams Ave N The applicant is requesting Environmental Review and a Shoreline Substantial Development Permit for the construction of a new 80-foot long, fully grated shared pier/dock, two mooring piles, and installation of two freestanding, portable boatlifts in association with two existing single family residences on the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek and regulated shoreline borders the subject properties at the south and is approximately 175 feet from the proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10 zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as mitigation. N/A Proposed New Bldg. Area (footprint): Proposed New Bldg. Area (gross): N/A N/A Site Area: 4005 Williams: 10,756 sf 4011 Williams: 6,592 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). Project Location Mop City of Renton Department of Commun.Economic Development DICERCHIO JOINT USE RESIDENTIAL Pl Report of February 9, 2015 PART ONE: PROJECT DESCRIPTION/ BACKGROUND Environmental Review Committee Report WA14-00ll8l, £CF, SM Page 2 of 10 The project site is located on the eastern shore of Lake Washington in the Barbee Mill residential subdivision and on the north shore of the mouth of May Creek. Lake Washington is designated as Shorelines of Statewide Significance and May Creek is a 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 located within Lake Washington shoreline jurisdiction. 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 project encompasses the construction of a 400 square foot, 80-foot long, 4 to 6 feet wide pier, installation of two mooring piles, and installation of two freestanding, pre-manufactured, marine grade aluminum boatlifts (Exhibit 2 and Exhibit 3). From land, the pier width is 4 feet wide and increases to 6 feet in width the final 40 feet of length. The proposed dock would be a shared joint-pier/dock for two residential properties within the Barbee Mill residential subdivision, within the R-10 zone (Exhibit 17). 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, with electricity connected to 4005 Williams Ave N. Along the shoreline in this area of the Barbee Mill subdivision, individual properties are not allowed to have individual docks, where shared docks between two properties are allowed. The shared dock/pier would be located on the shared common property line between 4011 and 4005 Williams Ave N. The proposed pier construction would be accomplished by driving steel piles using a barge-mounted vibratory pile and installing two 3-inch diameter steel pins on land to support the landward section of the pier. Two 12-inch diameter steel mooring piles would be driven in the water on the south side of the pier, approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support the pier consist of two 4- inch diameter steel piles, four 8-inch diameter steel piles, and two 10-inch diameter steel piles. A canopy to cover the boat lift on the southern side of the dock was originally proposed and is no longer being proposed. A revised plan was provided that removes the canopy, located the boatlifts deeper into the lake and further from the shoreline, and trees have been added to the mitigation planting plan (Exhbits 2, 3 and 4). The proposed freestanding boatlifts would be set approximately 57 feet from the shoreline. The boat lifts would not be covered. Each boatlift has an area of approximately 10 feet in width by 12 feet in length. The boatlifts would be pre-assembled and set in the lake by crane from the construction barge following construction of the pier. The lift is approximately 175 square feet in area and the boat 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 12 feet below the waterline (Exhibit 2). 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 site is open from July 16 to December 31. The work is proposed to be completed in July 2015. The proposed two boatlifts have areas of approximately 10 City of Renton Department of Communi Economic Development DICERCHIO JOINT USE RESIDENTIAL PIE Report of February 9, 2015 Environmental Review Committee Report LUA14-00ll8l, ECF, SM Page 3 of 10 feet in width by 12 feet in length (Exhibit 3). The boatlifts would be pre-assembled and set in the lake by crane from the construction barge following construction ofthe pier. Mitigation plantings have been proposed consisting of native shrubs that can live in the shoreline environment (Exhibit 4). Twenty-seven plants are proposed, with 3 plants on the 4011 Williams Ave N property, and the remainder on the 4005 Williams property. All together, the plantings consist of 9 shrubs along the lake shore and 14 shrubs and 4 trees near the May Creek shoreline. The mix of plantings are Red-Flowering Current, Tall Oregon Grape, Nootka Rose, and Shore Pine. The submitted Biological Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, prepared by Marine Surveys & Assessments, dated December 17, 2014, has determined that a no-net-loss of ecological function would result from the project's impacts with their recommended mitigation measures and plantings. The views of surrounding property owners would not be obstructed because of the dock and boatlifts. The plantings may obstruct views along with the previously planted vegetation required as part of the site development and clean-up of the Barbee Mill residential subdivision. The planting mitigation plan has received approval from the Barbee Mill Community Association. Comments were provided by reviewing agencies. No public comments were received from the general public. The State Department of Archaeology and Historic Preservation changed their original request for site investigation and discovery plan, to require the project prepare an 'Inadvertent Discovery Plan' (Exhibit 8). The Muckleshoot Indian Tribe Fisheries Division provided multiple comments, with the initial comments (Exhibit 6) stating that the initial planting plan was inadequate where the applicant should revise the planting plan and requested that the planting plan be reviewed as part of the Biological Evaluation Addendum (Exhibit 13). The second round of comments from the Tribe's Fisheries Division requested an analysis of potential dredging around the pier be provided and that trees be considered for planting along the shoreline. Review and approval by the Environmental Review Committee is required prior to issuance of a City Substantial Shoreline 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 an Hydraulic Permit Approval (HPA) from state Department of Fish and Wildlife if required and federal Army Corps of Engineers approval. I 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. A. 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. ERC Report_LUA14-001181 DiCerchio Joint Use Pier City of Renton Department of Community o1 Economic Development D/CERCHIO JOINT USE RESIDENTIAL PIER Environmental Review Committee Rep LUA14-001181, ECF, . Report of February 9, 2015 Page 4 of B. Mitigation Measures C. 1. The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and Stream Study/Habitat Report, prepared by Marine Surveys and Assessments, dated August 25, 2014, including the "Construction Sequence" subsection on page 5. 2. 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. 3. 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. 4. 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. 5. The dock lights shall have an amber hue to reduce the impacts of lighting on the dock, where the hue will be a condition of approval for the building permit issued for this project. 6. Implement the inadvertent discovery plan provided by Department of Archaeology & Historic Preservation, as attached to the letter from Gretchen Kaehler, dated November 6, 2014. Exhibits Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit 11 Exhibit 12 Exhibit 13 Environmental Review Committee Report Site Plan and Elevation View: Sheet Al.O, dated revisions November 11, 2014 Plan View and Pier Section: Sheet A2.0, dated revisions November 11, 2014 Planting Plan Project Narrative Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe Fisheries Division) dated October 1, 2014 Public Agency Comment: Letter from Gretchen Kaehler (State Department of Archeology & Historic Preservation) dated November Revised Public Agency Comment: Letter from Gretchen Kaehler (State Department of Archeology & Historic Preservation) dated October 1, 2014 Applicant Response, dated November 11, 2014 Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe Fisheries Division) dated December 9, 2014 Applicant Response with Dredging Analysis, dated December 15, 2014 Biological Evaluation/Lake and Stream/Habitat Study Report, prepared by Marine Surveys and Assessments, dated August 25, 2014 Addendum and No-Net Ecological Loss Statement to Biological Evaluation/Lake and Stream/Habitat Study Report, prepared by Marine Surveys and ERC Report_LUA14-001181 DiCerchio Joint Use Pier City of Renton Department of Community°' Economic Development DICERCHIO JOINT USE RESIDENTIAL PIER Report of February 9, 2015 Exhibit 14 Exhibit 15 Exhibit 16 Exhibit 17 Assessments, dated December 17, 2014 Environmental Checklist Construction Mitigation Description Advisory Notes -Staff Review Comments Zoning and Neighborhood Map D. Environmental Impacts Environmental Review Committee Report WA14-001181, ECF, SM Page 5 of 10 The Proposal wos circulated and reviewed by various City Departments ond 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: 1. 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 boatlifts 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 freestanding boatlifts would be located on the lakebed. Muckleshoot Indian Tribe Fisheries Division requested that the applicant provide an analysis of potential future dredging of the proposed pier location, as the site is near the mouth of May Creek where sediment may shift and build around the mouth of the creek and nearby lake shoreline (Exhibit 10). The applicant provided an analysis as requested (Exhibit 11), where the applicant provided historical data of the May Creek delta for years 2005, 2007, 2010, and 2013 and identified the expansion of the delta. The delta expanded to the west and southwest as identified in the analysis and aerial photos and expansion to the north where the location of the pier is proposed is minimal as stated by the consultant. The analysis further states that the proposed location of the pier is as far away from the mouth of May Creek as possible for the shared dock. The analysis further states that the water depth is currently approximately 10 feet and that is more than sufficient for access by motor boats and that given the delta expansion northward has been minimal, future dredging at the proposed pier/dock should not be necessary. This environmental review does not provide for evaluation of dredging at this location. If in the future dredging was being considered at the site, a separate environmental review process by the city would be required through a separate land use application, where the city would evaluate the project and allow for public and agency review at that time. Any dredging application for this site would be provided to the Muckleshoot Tribe and other reviewing agencies for comment. Mitigation Measures: No mitigation measures are recommended. Nexus: N/A Z. Water a. 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 (Exhibit 2). The shoreline designation for Lake Washington at this location is "High Intensity Overlay District" (RMC 4-3- ERC Report_ LUA14-001181 DiCerchio Joint Use Pier City of Renton Department of Communi~, ,.,. Economic Development DICERCHIO JOINT USE RESIDENTIAL PIER Report of February 9, 2015 Environmental Review Committee Report WA14-001181, ECF, SM Page 6 of 10 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 south of the proposed project. However, the proposal would not impact May Creek with the exception of added native plantings that would be planted along the creek shoreline on the southern boundary of 4005 Williams Ave N to improve ecological functions (Exhibit 4). The applicant submitted a joint Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12), dated August 25, 2014, prepared by Marine Surveys & Assessments. An Addendum to the evaluation was subsequently provided, by the same authors, dated December 17, 2014 (Exhibit 13). These documents conform to the requirements for Biological Evaluation/Lake and Stream Study/Habitat Data Report per RMC 4-8-120D. The study and addendum state that all measures have been taken to avoid and minimize potential impacts from the proposed project (Exhibit 13). Further, the biological evaluation states that no-net-loss of ecological function will result from this project, provided the proposed native plantings are installed. As the proposed dock would be constructed on lands covered by water, there is a potential for sediments to be dispersed within the lake, potentially affecting 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 (Exhibit 12, page 5-6). The Construction Sequence states that the barge brought to the site would be moored as 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 (Exhibit 12, pages 5-6) 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. 3. Vegetation Impacts: The submitted Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) provides background of the redevelopment of the Barbee Mill community where 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 planted buffer along the shoreline of approximately 35 feet was planted along the Lake Washington shoreline of the Barbee Mill subdivision including on the subject properties (Exhibit 12, pages 19- 20, "Existing Native Vegetation Buffer"). ERC Report_LUA14-001181 DiCerchio Joint Use Pier City of Renton Department of Community & Economic Development DICERCHIO JOINT USE RESIDENTIAL PIER Report of February 9, 2015 Environmental Review Committee Report LUA14-001181, ECF, SM Page 7 of 10 The applicant proposes to add more vegetation along the shoreline where native plantings have previously been installed. The Muckleshoot Tribe Fisheries Division provided comments of the initial planting plan and the applicant has added more plantings and moved them closer to the shoreline where they could be in proximity to the OHWM of the shoreline. Further the Tribe Fisheries Division requested (Exhibit 10) that willow trees initially be added to the plan. However, the applicant's final plan added Shore Pine trees instead of willow trees, as Shore Pines received approval from the Barbee Mill community association and willows were not approved. All new landscaping is required to receive approval from the Barbee Mill community association prior to installation. The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) states that existing planted riparian vegetation and added project plantings would assist in restoring the ecological function of Lake Washington (Exhibit 12, page 4 "Ecological Functions of Lake Washington along the study area"). The Addendum to the biological evaluation (Exhibit 13) states that with the proposed plantings, the project provides for a no-net-loss of ecological function. The Biological Evaluation/Lake and Stream Study/Habitat Data Report provides background of the redevelopment of the Barbee Mill community where 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 planted buffer along the shoreline of approximately 35 feet was planted along the Lake Washington shoreline of the Barbee Mill subdivision including on the subject properties (Exhibit 12, pages 19-20, "Existing Native Vegetation Buffer"). The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) 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. The Report (Exhibit 12) 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 proposed plantings would be within the 35-foot vegetated buffer area along the shoreline, and are proposed in a very close proximity of the shoreline rather than setback from the shoreline. None of the existing plants would be impacted or removed as part of the project. The mix of plantings are 23 native shrubs (11 Red-Flowering Current, 6 Tall Oregon Grape, and 6 Nootka Rose) and 4 Shore Pine trees. Mitigation Measures: No further mitigation is required. Nexus: Not applicable 4. Wildlife Impacts: The Biological Evaluation/Lake and Stream Study/Habitat Data Report submitted for the proposed project includes analysis of birds, mammals, and fish in the evaluation (Exhibit 7). The ERC Report_LUA14-001181 DiCerchio Joint Use Pier City of Renton Department of Community 0( Economic Development DICERCH/0 JOINT USE RESIDENTIAL PIER Report of February 9, 2015 Environmental Review Committee Report LUA14-001181, ECF, SM Page 8 of 10 study states that the only wild mammals reported as observed in the general area are deer. The following bird species observed on or near the project site: hawks, herons, eagles, quail, osprey, cormorants and songbirds. The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) study states that bald eagles are no longer on the list of threatened or endangered species under the Endangered Species Act but continue to be protected by the Bald and Golden Eagles Protection Act and the Migratory Bird Treaty Act are protected as a "sensitive species" in Washington State. Sensitive species are vulnerable or declining and likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. In addition, the The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) indicates that salmon ids observed at the site include salmon and trout. Salmonids known to be present in southern Lake Washington include Puget Sound Chinook salmon, Coho salmon, sockeye salmon, steelhead trout, bull trout and cutthroat trout. Puget Sound Chinook, Puget Sound steelhead and bull trout are all listed as threatened under the Endangered Species Act (ESA). Previous shoreline remediation accomplished in conjunction with the development of the plat was designed to be consistent with Water Resource Inventory Area (WRIA) 8 Conservation Plan recommendations. As a result of remediation, shoreline that was previously unsuitable habitat for fish and other aquatic life due to extensive shoreline modifications and industrial use of the site has been restored. The restored gravel substrate and gently sloping bottom should provide favorable habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the existing cobble on the subject site should be suitable habitat for benthic invertebrates which would likely attract juvenile salmon ids. The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) and Addendum to the Report (Exhibit 13) provide evaluation of the specific species and habitat protected by federal jurisdiction, including Puget Sound Chinook, Bull Trout, Puget Sound Steelhead, and Marbeled Murrelets. The Murrelets are unlikely to be present in the project vicinity according to the study due to there not being a nesting area nearby and that the area is highly urbanized and within dose proximity of a major highway corridor. Within the study's "Effects of the Action" of the project section on the listed species above, an evaluation of the direct and indirect effects are provided (Exhibit 12, pages 8-9). The Biological Evaluation/Lake and Stream Study/Habitat Data Report states that for 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 for the Marbled Murrelet a determination of "No effect" (Exhibit 13). The project further evaluated the pile driving noise and turbidity of installing the piles, where salmon may be less impacted by the proposed vibratory pile driver than a diesel powered compression hammer and that to minimize adverse effects of increased turbidity and noise on migrating salmonids and bull trout, in-water construction work would be limited to between July 16 and December 31. The indirect effects of the project are evaluated within the submitted report, where the authors state that indirect effects might include alteration of juvenile salmon migratory pathways, increase in salmonid predation and reduction in prey resources and refugia due to the shading of the epibenthic substrate by the structure (Exhibit 12, page 9). The Washington Department of Fish and Wildlife has established a construction window for this portion of Lake Washington. The construction window allows for overwater construction to occur only between July 16 and December 31. Staff recommends that the applicant be required to adhere to this established in water construction window. Construction shall take place only during ERC Report_LUA14-001181 DiCerchio Joint Use Pier City of Renton Department of Community°' Economic Development DICERCH/0 JOINT USE RESIDENT/Al PIER Report of February 9, 2015 Environmental Review Committee Report WA14-00ll81, ECF, SM Page 9 of 10 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 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. 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: 1. 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. 2. The applicant shall follow the recommendations of the Biological Evaluation/Lake and Stream Study/Habitat Data Report, dated August 25, 2014, prepared by Marine Surveys & Assessments. 3. 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 5. 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 4005 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, page 7). 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. Mitigation Measures: The dock lights shall have an amber hue to reduce the impacts of lighting on the dock, where the color shall be a condition of approval for the any building permit issued for this project. Nexus: SEPA Environmental Regulations, Critical Areas Regulations, Shoreline Master Program Historic and Cultural reservation Impacts: There is a possibility that historic artifacts and resources are near or located on the site. The State Department of Archaeology and Historic Preservation provided comment that the applicant should follow an "Inadvertent Archaeological and Historic Resources Discovery Plan for ERC Report_LUA14-001181 DiCerchio Joint Use Pier City of Renton Department of Commun . Economic Development DICERCHIO JOINT USE RESIDENTIAL PIER Report of February 9, 2015 Environmental Review Committee Report LUA14-0011Bl, ECF, SM Page 10 of 10 King County" (Exhibit 9). Initially, the State Department of Archaeology and Historic Preservation provided response (Exhibit 7) requested additional investigation but the agency corrected the initial request with a request for an Inadvertent Discovery Plan (Exhibit 9). The Discovery Plan provides direction in the event that protected cultural material and human remains are discovered as part of any actions of the proposed development project. Further the plan states that cultural materials may be protected by law. Staff recommends the Discovery Plan as requested by State Department of Archaeology and Historic Preservation be a mitigation measure. Mitigation Measures: Implement the inadvertent discovery plan as provided by Department of Archaeology & Historic Preservation, as attached to the letter from Gretchen Kaehler, dated November 6, 2014. Nexus: SEPA, RCW 27.53, 27.44 and WAC 25-48 Archaeological Resources; RCW 68.50 Human Remains E. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant" (Exhibit 16). ~ 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 February 27, 2015. 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 -7'h Floor, (425) 430-6510. ERC Report_LUA14-001181 DiCerchio Joint Use Pier w -a.. 0 ..... w u - C • .; I .. , . .,., ; r, 'i_ ·~..: --,, li ! \ \ ( \ / . I EXHIBIT 2 ~31d 3sn lN1or . ;:'.:.:.~'::.::1 0 I H H 3) I a Q ~ V H) I ~1, .. ! t:,c. ii G \. \ 3: w > z 0 ... C( > w ...J w z C( ...J a. w ... ., I ' \ <1 ~ ) 0 n • -·,J ,... <( ' ) \ ) ··1-: -··-"I • ,.,._...M...,. ~31d 3S(1 LNIOI 0 I H J ~ 3 JI a a~ V H J I ~' \ 0 • ( ! •., \ z " !., ~ ) ~ /f,iJ ~ • ; ' z Ii ~, z, ' ": \ o'. ~ c' _/'-..... _ .. /'-.._/'"-~'''--'"--_/ "• • mll'JID u ~ . a!i w ' !, ' :·! > ' i' z <( .J £1. ' r / EXHIBIT 3 -~~-;-· LAKE WASHINGTON OHWM- 21.85' NOTE: EXISTING PLANTINGS ARE SHOWN IN GRAY, PROPOSED PLANTINGS ARE IN BLACK W/ CALL OUT. 3 NOOTKA ROSE-<:~-~ .-PROPOSED PIER (400 SQ. FT.) , -PROPOSED BOAT LIFTS 5 RED-FLOWERING CURRANT . 6 TALL OREGON GRAPE PLANTING PLAN SCALE 1" = 20'-0" 0 60 FT EXHIBIT 4 .-EXISTING CONCRETE WALKWAY / ·3 NOOTKA ROSE RICHARD DICERCHIO 4005 WILLIAMS AVE N ---4 SHORE PINE -· -· -· -· -· -· -· -· -· PROPOSED PLANT COUNT RED-FLOWERING CURRANT -11 TOTAL NOOTKA ROSE -6 TOTAL TALL OREGON GRAPE • 6 TOTAL SHORE PINE -4 TOTAL -· Project Narrative DiCerchio Pier The proposed project is to install a new joint use pier with two boat lifts, one translucent canopy, and two mooring piles for the properties located at 4005 and 4011 Williams Avenue North in Renton Washington. A shoreline substantial development permit and environmental review are required from the City of Renton. The project site and adjacent properties are zoned as Residential !Odu/ac (R-10). The project site is on the shoreline of Lake Washington and is approximately 175' from May Creek. A portion of the shoreline is armored with a concrete and steel bulkhead while the remaining portion is armored with a rock bulkhead. Richard DiCerchio is the owner of the property at 4005 Williams Avenue North. 4011 Williams Avenue North is currently owned by Barbee Mill Waterfront LLC. Both properties are single family residential lots that have existing single family houses. The proposed pier will be 400 square feet in area and will be fully grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel piles, and two 1 O" diameter steel piles will be driven by a barge-mounted vibratory pile driving system to support the pier. Two 3" diameter steel pin piles will be driven on land to support the landward section of the pier. Also two 12" diameter steel mooring piles will be driven. Two free standing boat lifts will be installed at the pier. A single 10.5' by 30' translucent boat canopy will be installed on the boat lift to be located at 4005 Williams Ave North. A dock ladder will be installed at the end of the pier. The estimated fair market value of the project is $100,000. A geotechnical report will be submitted with the building permit application. Per Renton Municipal Code section 4-6- 030 E. I. a. a drainage control plan is not necessary because the area of the pier and canopy is 715 square feet which is less than the 2,000 square foot threshold. There is an existing concrete stair walkway that ends where the pier will connect to land. Twenty- two native shrubs will be planted along the shoreline. EXHIBIT 5 From: Sent: To: Cc: Karen Walter <KWalter@muckleshoot.nsn.us> Wednesday, October 01, 2014 11:08 AM Kris Sorensen Christa Heller Subject: FW: City of Renton SEPA (DNSMJ Notice of Application -DiCerchio Pier LUA14-001181, ECF, SM Attachments: imageOOl.jpg; ERC Checklist & Siteplan 14-001181.pdf; DiCerchio Pier -Biological Evaluation Lake and Stream Study 14-001181.pdf; DiCerchio Pier Landscape Plan 14-001181.pdf; DiCerchio Pier Notice of Application DNSM 14-0001181.pdf Kris, We have reviewed the proposed DNSM/Notice of Application for the DiCerchio Pier project referenced above. We have some questions and comments as noted below: In the attachments above, there are two different pier designs shown for this joint use project (one by Ecco Design; Sheet A2.0 and on shown on Sheet 2 of JARPA drawings). Which design is proposed for this project? The JARPA drawing "L" shape design places the two boatlifts out to deeper water compared to the Ecco Design version and would be preferred given the water depths in the area (less than 15') and proximity to May Creek. Are there more details about the proposed translucent boat canopy? The propose mitigation planting plan is inadequate. While there are no as-built drawings for the existing plants (and there should be from the plat requirements), what is shown in the photos from the BE/Lake Study is a low density and low growing shrubs and ground covers and insufficient to create a functional shoreline buffer. The proposed 22 new plants over the two parcels is inadequate to provide sufficient densities and the plant species are limited in providing overhanging function preferred by juvenile Chinook. More native willows should be added to the design and planted between the two sets of two willows proposed on Sheet 7 of the JAPRA drawing packet. We appreciate the opportunity to review this project and look forward to the City's responses. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Sabrina Mirante [SMirante@Rentonwa.gov] Sent: Wednesday, September 17, 2014 3:25 PM To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Kris Sorensen Subject: City of Renton SEPA (DNSM) Notice of Application -DiCerchio Pier LUA14-001181, ECF, SM NOTICE OF APPLICATION AND PROPOSED DETER!\ EXHIBIT 6 lns-M) __J ~-E-PARH,"\ENT or ------------- ,:1~ii~~o~~~;!,r10,_1 ______________ _ Allyson Brooks Ph,O., Director State Historic Preservation Officer October l, 2014 Ms. Kris Sorenson Assistant Planner City of Renton Sixth Floor Renton City Hall 1055 S Grady Way Renton, WA 98057 In future correspondence please refer to: Log: 100114-10-KI Property: LUA 14-0001181, ECF, SM DiCerchio Pier Re: Archaeology -Survey Requested Dear Ms. Sorenson: We have reviewed the materials forwarded to our office for the proposed project referenced above. The area has a high potential for archaeological resources. There is documentary evidence of a precontact Duwamish Village near the mouth of May Creek which Further, the scale of the proposed ground disturbing actions would destroy any archaeological which is near the project area. An archaeological evaluation of a a nearby project stated that the ethnographic village probably was within the residential portion of the current project area. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we request a professional archaeological survey of the project area be conducted prior to ground disturbing activities. The completed archaeological survey should be forwarded to DAHP and the interested Tribes prior to any construction. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. If any federal funds or permits are involved Section 106 of the National Historic Preservation Act, as amended. and its implementing regulations, 36CFR800, must be followed. This is a separate process from SEPA and requires formal government-to-government consultation with the affected Tribes and this agency. We would appreciate receiving any correspondence or comments from concerned tribes or other parties concerning cultural resource issues that you receive. EXHIBIT 7 1 Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586-3088 or Gretchen.Kaehler@dahp.wa.gov. Sincerely, Gretchen Kaehler Local Governments Archaeologist (360) 586-3088 gretch1;n. k~1eh lt:P{i:Jdl1p._\\ _a_.g()_\' cc. Laura Murphy, Archaeologist, Muckleshoot Tribe Cecile Hansen, Chair, Duwamish Tribe Dennis Lewarch, THPO. Suquamish Tribe 2 ARTMENT OF 'R€HAEOLOGY & HISTORIC PRESERVATION November 6, 2014 Kris Sorenson Assistant Planner City of Renton Sixth Floor Renton City Hall 1055 S Grady Way Renton, WA 98057 In future correspondence please refer to: Log: 100114-10-KI Property: LUAJ4-000l !81, ECF, SM DiCerchlo Pier j Allyson Brooks Ph.D .. Director State Historic Preservation Officer Re: Archaeology-Rescind Request for Survey. Please add attach Inadvertent Discovery Plan to Permit Dear Ms. Sorenson: Thank you for contacting the Washington State Department of Archaeology and Historic Preservation (DAHP). We have reviewed plans for construction of the DiCerchio Pier. Given the amount and location (filled area) of ground disturbance a professional archaeological survey is not necessary and would probably not be useful. In our opinion the project may proceed with the attached inadvertent discovery plan. Thank you for the opportunity to review and comment. Sincerely, Gretchen Kaehler Local Governments Archaeologist (360) 586-3088 gretchen.kaehler·?tdahp. wa.gov cc. Laura Murphy, Archaeologist, Muckleshoot Tribe Cecile Hansen, Chair, Duwamish Tribe Dennis Lewarch, THPO, Suquarnish Tribe EXHIBIT 8 ,eology & Historic Preservaflon ,n 98504-8343 • (360) 586-3065 www.dahp.wa.gov J Inadvertent Archaeological and Historic Resources Discovery Plan for King County In the event that any ground-disturbing activities or other project activities related to this development or in any future development uncover protected cultural material ( e.g., bones, shell, antler, horn or stone tools), the following actions will be taken: 1. When an unanticipated discovery of protected cultural material (see definitions below) occurs, the property owner or contractor will completely secure the location and contact: a. The property owner and project manager; b. A professional archaeologist; c. The Department of Archaeology and Historic Preservation (DAHP) (Gretchen Kaehler, 360-586- 3088, 360-628-2755 cell); d. The Muckleshoot Indian Tribe Co (Laura Murphy, Archaeologist, 253-876-3272); e. The Duwamish Tribe (Cecile Hansen, Chair, 206-431-1582) f. Suquamish Tribe, Dennis Lewarch, THPO (360-394-8529), and Steven Mullen-Moses, Cultural Resources, Snoqualmie Tribe (360-652-7362) 2. If the discovery is human remains, the property owner or contractor will stop work in and adjacent to the discovery, completely secure the work area by moving the land-altering equipment to a reasonable distance, and will immediately contact: a. The property owner; b. The Kin County Sheriffs Department (425-556-2500) and; c. The King County Coroner, Richard Harruff (206-731-3232) to determine if the remains are forensic in nature; d. If the remains are not forensic in nature the Department of Archaeology and Historic Preservation (DAHP) (Gretchen Kaehler 360-586-3088 and Guy Tasa 360-586-3534); will take the lead on determining the appropriate method of treatment for the remains and will consult with the affected tribes; 3. Cultural material that may be protected by law could include but is not limited to: a. Buried layers of black soil with layers of shell, charcoal, and fish and mammal bones (Figure 1 ). b. Non-natural sediment or stone deposits that may be related to activity areas of people; c. Stone, bone, shell, horn, or antler tools that may include projectile points (arrowheads),scrapers, cutting tools, wood working wedges or axes, and grinding stones (Figures 2 and 3); d. Stone tools or stone flakes (Figures 2 and 3); e. Buried cobbles that may indicate a hearth feature (Figure 4); f. Old ceramic pieces, metal pieces, tools and bottles (Figures 5 and 6); and g. Perennially damp areas may have preservation conditions that allow for remnants of wood and other plant fibers; in these locations there may be remains including: • Fragments of basketry, weaving, wood tools, or carved pieces; and • Human remains. 1 4. COMPLIANCE WITH ALL APPLICABLE LAWS PERTAINING TO ARCHAEOLOGICAL RESOURCES (RCW 27.53, 27.44 and WAC 25 -48) AND WITH HUMAN REMAINS (RCW 68.50) IS REQUIRED. FAILURE TO COMPLY WITH THESE REQUIREMENTS COULD RESULT lN A MISDEMEANOR AND POSSIBLE C IVIL PENAL TIES AND/OR CONSTITUTE A CLASS C FELONY. Figure 1: Shell midden 2 Figure 2: Example of stone tools 3 '-1 Fi gure 3 : Example of stone flake. 4 Figure 4: Example of hearth (oven) feature. 5 Figure 5: Example of hist oric artifacts from debris scatter. F igure 6: Example of bottle from hi storic debri s dump. 6 November 11, 2014 Kris Sorensen, Planner CED Planning Division 1055 S Grady Way Renton, WA 98057 Re: DiCerchio Joint Use Pier/ LUA14-001181 , The following is a response to comments in an email from Karen Walter with the Muckleshoot Indian Tribe dated October I, 2014. The proposed design for the project is the one on sheet A2.0. The application with the Army Corps of Engineers has been revised to this design without the ell. The location of the lifts has been revised to be in deeper water. The canopy is no longer being proposed and has been removed from the revised plans. The proposed planting locations have been revised to be denser and closer to the ordinary high water mark. Additional shrubs have been added to the planting plan in the revised drawings. The existing willows have not had a chance to mature yet and my client would prefer to not add additional willows. I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional information. Sincerely, Evan Wehr Ecco Design Inc. 206-706-393 7 EXHIBIT 9 -':-·f" {~ ... ~-': (:·:;·,,_, __ \ November 11, 2014 Kris Sorensen, Planner CED Planning Division 1055 S Grady Way Renton, WA 98057 Re: DiCerchio Joint Use Pier/ LUAI4-001181 Attached is a letter from Gretchen Kaehler with the Department of Archaeology and Historic Preservation stating that an archaeological survey is not necessary from the project and that an inadvertent discovery plan should be implemented for the project. I have included the inadvertent discovery plan provide by Gretchen that will be used for the project. I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional information. Sincerely, Evan Wehr Ecco Design Inc. 206-706-393 7 Kris Sorensen From: Sent: Karen Walter < KWalter@muckleshoot.nsn.us> Tuesday, December 09, 2014 9:00 AM To: Kris Sorensen Cc: Heller, Christa H (DFW) Subject: Attachments: FW: City of Renton Off Hold Notice -DiCerchio Joint Use Pier -LUA14-001181, ECF, SM Off Hold Letter 14-001181.pdf; DiCerchio Pier Responses to Muckleshoot and Archeologic Concerns 14-001181.pdf Kris, Thank you for forwarding the applicant's responses to our initial comments for this project. We have some follow-up comments as noted below: 1. Can we get a better copy of the proposed planting plan? The copy we received is difficult to review and scale. It comes out black and white so it is difficult to discern the existing from the proposed. 2. Can we get a copy of the as-built planting plan and all of the available monitoring reports? Based on other sites in the Barbee Mill Plat and the photos for this site in the BE, we are concerned that the plants are low growing and spaced widely within the plat mitigation area and could use additional plantings to provide further shoreline functions and fish habitat. 3. We maintain our recommendation to add more native willows into the space on the DiCerchio property that is shown as blank at the corner currently. 4. Since we received the NOA from the City, we also received the Corps 404 tribal notice for this project. In our comments to that pending permit, we raised concerns that this pier project is near the May Creek delta and may result in future dredging to maintain moorage at this location at the expense of existing juvenile salmon shallow water habitat. We asked for an analysis regarding the potential for dredging and how dredging will be avoided if the pier is approved. Please let me know if you have any questions or would like to discuss these comments further. Best regards, Karen Walter Watersheds and Land Use Team Leader Muck/eshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Sabrina Mirante [mailto:SMirante@Rentonwa.gov] Sent: Tuesday, November 25, 2014 3:30 PM To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Kris Sorensen Subject: City of Renton Off Hold Notice -DiCerchio Joint Use Pier -LUAl 4-001181, ECF, SM Please see Off Hold Notice and Response to Agencies documents for LUA14-001181, ECF, SM -DiCerchio Joint Use Pier. The comment period ends December 9, 2014. Please let me know if you have any questions. Sa6rina !Mirante, P(anning Secretary EXHIBIT 10 City of Renton I CED I Planning Division 1055 S Grady Way I 6th Floor I Renton, WA 98057 Phone: 425.430.6578 I Fax: 425.430. 7300 I smirante@rentonwa.gov 2 • December 15. ~014 Kris Sorensen, Associate Planner CED Planning Division 1055 S Grady Way Renton, WA 98057 Re: DiCerchio Joint Use Pier/ LU A 14-00118 l The following is a line item response tll c,1ncems from Karen Walter with the Muckkshoot Indian Tribe listed in a December 10, 2014 letter from Kris Sorensen. Karen's concerns are listed in ho/rl italics with our responses below in plain text. Evaluation of'11ative willows as part ofrhe 111itigatio11 planting p/a11; In addition to the Muckleshoot Indian Tribe we have also received comments on the plantings from the Snoqualmie Indian Tribe through the Army Corps of Engineers. TI1e Snoqualmie Tribe has requested that trees be included in the planting plan. The Barbee Mill Community Organization (BBMCO) must approve of any new plantings at the site. We have been in corresponding with the BBMCO to try and get them to allow a few native trees to be planted at the site. When/if the BBMCO agree to allow trees to be planted at the site we will notify both the Muckleshoot and Snoqualmie tribes through the Anny Corps of Engineers. Evaluation of potential future dredging to 111ai11tai11 moorage at tire proposed pier location, witft evaluation ofimpact.1· to existi11gj11ve11ile .w1l111011 shallow water habitat, and how dredging could he avoided. Attached are aerial photo overlays of the May Creek delta from 2005, 2007, 2010, and 2013. While the delta has expanded significantly to the west and southwest it's expansion northward has been minimal. The proposed location of the pier is as far away from the mouth of May Creek as is possible at the site. The water depth at the proposed boat lifts is approximately 10'. Given that the current water depth is more than sufficient and that the delta expansion notihward has been minimal foture dredging at the proposed pier should not be necessary. My client is willing to agree that the pier be approved with the condition that dredging not be allowed to maintain moorage depth. I hope that all of the above items have been addressed satisfactorily. Please tee! free to contact me if you have any questions, or if you require any additional information. Sincerely, Evan Wehr Ecco Design Inc. 206-706-3937 EXHIBIT 11 I, .. <' l • \ \ ' Kris Sorensen From: Sent: To: Subject: Hi Kris, Evan Wehr <evan@eccodesigninc.com> Wednesday, January 07 , 2015 11:29 AM Kr is Sorensen Fw: Fwd: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines Attached is the email ap proval from the BBMCO of the four proposed s hore pines for Richard DiCerchio. Thank you, Architecture & Design 203 N 36th Ste. 201 Seattle, WA 98103 206. 706.3937 et;9J.(.l~5igr11JJ.C:_. i:.o , .lJ Fa cebook Houzz -----Forwarded Message ----- From: Richard DiCerchio <rdicerchio @l ive.com > To: Evan Wehr <evan @e ccodes igni nc.c om> Sent: Friday, December 26, 2014 2:43 PM Subject: Fwd: Barbee M i ll ACC Landscape Request-Lot 48 Shore Pines What is the next step? Sent from my iPad Begin forwarded message: From: Shirley Ely <SEly@morrismanagement.com> Date: December 26, 2014 at 1 :27:34 PM PST To: Richard <rd icerchio @live .com> Subject: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines Hello the re D ic k! I just received the d ec ision of the com mittee a nd Board rega rdi ng you r landscape ACC req uest. They have approved cont ingent upon k ee ping the height of the p lantings at or be low 15 feet. I hope tha t wi ll wo rk for you and that yo u a nd yours h ave a wonde rful week end!. Warmest regar cJs , ,Sh irle .13 EJ!J , ARM, C P~1. C MCA, A M5, f'CA.M As soc iat ion Mano qer Mor ri s Management, Inc ., AA MC 425-283-5858, e x t . 119 w ww .morrism anaqement .com From : R icha rd [m ai lto:rdicerch io@ live.c om] Sent : Mo nday, December 22 , 2 01 4 11 :06 AM To: Shi rl ey El y Subject : Fw: Sho re Pine s If y ou have any questions , please contact me. From : Ric h ard Sent: Frid a y, Decembe r 19, 20 14 5 :31 PM To: Evan W eh r The proposed trees will not be in the view corridor regardless of their height. The first one is a v iew from the front of our house North. The second , third and forth ones are of the area where the new trees are planning to go . The fifth one is from the front of our house showing the vi ew c o rridor to the water. the area of the propos ed plants is impossible to be seen . Also , the planting area is 15 feet below the driveway .. 2 3 • .. ' - 4 .' . ·~ ..... __. ... '<'.~,..., . 5 6 / . DiCerchio/Barbee Mill Waterfront LLC Joint-Use Pier Proje,~ August 25, 2014 For: Richard DiCerchio 4005 Williams Ave. N. Renton, WA 98056 MARINE SURVEYS li ASSESSMENTS 521 Snagstead Way Port Townsend WA 98368 (360) 385-4073 EXHIBIT 12 • (360) 385-4073 rn c1 r in e .surveys. inc@gm ail. com ADDENDUM December 17th. 2014 521 Snagstead Way Port Townsend WA 98368 For: DiCerchio/ Barbee Mill Waterfront LLC Joint-Use Pier Project 4005 Williams Ave. N. Renton, WA 98056 Case# , Biological Evaluation Dated August 25'", 2014 Proposed Mitigation Planting In order to enhance the habitat in the area of the proposed pier, mitigation planting of native plant species is proposed. For this project a total of nine Nootka Roses, nine Tall Oregon Grape, and thirteen Red-Flowering Currants are proposed to be plant in the project area (see attached drawings). Planting of the native plant species listed above will enhance the habitat and provide additional ecological values and functions to the project site. Net-Loss Determination As stated in the original Biological Evaluation (BE) document the determination of effects for ESA species in the area are provided below: 1. Puget Sound Chinook -'"May affect, not likely to adversely affect" 2. Bull Trout -"May affect, not likely to adversely affect" 3. Puget Sound Steelhead -'"May affect, not likely to adversely affect" 4. Marbled Murrelet-"No effect" All measures have been taken to avoid and minimize potential impacts resulting from the proposed project (see BE). In consideration of the unlikely impact to ESA species as well as the proposed mitigation planting suggested above to enhance the habitat, we determine that no-net-loss of ecological function will result from this project's unavoidable impacts due to its' water dependent use. Additionally we believe that this project reflects the goal of the Shoreline Master Program by balancing access to the environment with the protection of that environment. Thank you for the opportunity to addend and comment on this project. Please do not hesitate to contact us if you have any questions or comments. Sincerely, Nam Siu Marine Biologist and Project Manager Marine Surveys & Assessments EXHIBIT 13 / PLANNING DIVISION ENVIRONMENTAL CHECI<' 'T. ~\. "J\. ~e ~e City of Renton Planning Division v-''. 0()(. 1055 South Grady Way-Renton, Wt <:)ov ~ ~ Phone: 425-430-7200 Fax: 42" ~~'(,e ..:::,~O ~ -:.o'e .·.\ PURPOSE OF CHECKLIST: ~i,.~'l> The State Environmental Policy Act (SEPA), Chapte, ~ requires all governmental agencies to consider the environmental impacts of a oefore making decisions. An Environmental Impact Statement (EIS) must be prep, ror all proposals with probable significant adverse impacts on the quality of the environn,ent. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions references in the checklist t« read as "proposal," "proposi R:\Temp09\12-environmental checklist.doc involving decisions on EXHIBIT 14 oolicies, plans and programs), the "property or site" should be ;pectively. 06/09 'l Construction Mitigation Description DiCerchio Pier /.-::i.. ·.· ' __ . ., Construction Dates : The date of construction will depend on when the necessary government approvals for the lift are issued. Construction of the pier and the installion of the boat lifts and canopy will only take approximately two weeks to complete. The in water work window at the site is open from July 16 1h through December 31 ''. The work will be completed during the work window opening in either December 2014 or July 2015. Hours and Days of Operation: The work will take place during the City ofRenton's typical hours of construction which are 7:00 am through 10:00 pm Monday through Friday and 9:00 am through I 0:00 pm Saturday and Sunday. Proposed Hauling/Transportation Routes: The materials will be brought to the site by a barge by way of Lake Washington. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics: Work will take place only during allowed hours of operation. Erosion will not be caused by the project. There will be elevated levels of noise from construction during the installation of the piles. Special Hours Proposed for Construction: No special hours are proposed for construction. Preliminary Traffic Control Plan: Traffic control is not necessary for the project. EXHIBIT 15 PLAN REVIEW COMMEN' LUA14-001181 Application Date: August 29, 2014 Name: DeCerchio joint use pier, boat lifts, and canopy Site Address: 4011 Williams Ave N Renton, WA 98056-2118 of Plan -Planning Review Version 2 I February 05, 2015 Engineering Review Comments Vicki Grover I 425-430-7291 I vgrover@rentonwa.gov Recommendations: I have reviewed the application tor the DiCerchio Pier located at 4005 & 4011 Williams Avenue North and have the following comments: EXISTING CONDITIONS WATER Water service is not a requirement tor this project. SEWER Sewer service is not a requirement for this project. STORM There are not any required detention, water quality or conveyance systems for this project. STREETS There are no street frontage improvements required for this project. GENERAL INFORMATIONAL COMMENTS 1. Please refer to the 2009 King County Surtace Water Design Manual, pg. 5 31 "Material" when choosing the type of material to be used for the pilings. Epoxy Coating shall be applied to all piles. 2. The grate shall be treated to prevent leaching of metals. A leachable metal surface consists of, or is coated with a non ferrous metal that is soluble in water. Refer to the 2009 King County Surface Water Design Manual, pg. 6 17 "Use of Metal Materials" when considering the grating material to be used for the pier's surface. Thruflow is a trademarked product and acceptable for use. CONDITIONS 1. Please provide documentation to substantiate the fish window time frame of July 16 to December 31. A Hydraulic Project Approval (HPA) will be required. Please provide the City of Renton with a copy once the permit is obtained. 2. During construction, the contractor shall prevent all dust, drips, debris and spills from coming in contact with the water's surface. Needs to be shown on the TESC (Temporarv Erosion & Sediment Control Plan). Planning Review Comments Kris Sorensen I 425-430-6593 I ksorensen@rentonwa.gov Recommendations: Planning: 1. RMC section 4 4 030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eiaht o'clock (8:00) o.m. No work shall be oermitted on Sundavs. EXHIBIT 16 Ran: February 05, 2015 Page 1 of 1 ·.· ;&1"DTH~< . ~v-,sr SE 1q f~· SE8DTHS1 ZONING MAP BOOK PLANNING -TECHNICAL SERVICES PRINTED DATE: 10/02/2013 ' Thi; docullll3fltia e: graphierei,resentaion, !IOI: g.,ranleiid 1n ,urvey accLucy, end lsba,ed on trui bust ir!lorrnatlon availabl$ as oflhe cl.ta shown. Thi& mapi.s intendod fa City d!play l)tJfPOS!t& on)f. Commtmity & Economic Development CL'Ct.i,,,"V".-t /.c .... ,-,,c,.,, ,1,t,l,w,(OA~ (/ ,, ,,, -- .,... trwC>ltfflQtc,,,,' ~-I"~ -- DIHIYr [()If( __ 1 ___ ~ t4B<l"""U.. .·.~&·~,;~ ~ll~;cz.-,n6r.~~~~tt ' "''~"''!'°",'"'*•w."9,.,.· .. -· -.• ~-,-.. -••c• I I // / I I <, C:OR R-8- PRIVATE RD NJ11HPL -R-8- -R-8 I IR-1-- I I~ / / D3E 06 T23N R5E E 112 ,, \\ R-8 - R- R-8 " 1'"1 R-8 R-8 0 420 lo-.:!::,----1 ----'" 520 C3E 31 T24N RSE E 112 ?ageJ a: 80 17 iga D (R-8) Resid60tial 8clufac EXHIBIT "I OiRCJR•=•mC•~••"" ,t c:J (RM-Fl Residential M.Jlll.f..nlly 111um D (RM-T) Re$!. MJl!i-Famll)' Tradlional 1duiac D (RM-U) Res!. 1Auli·F81llily lxb1S1 Cent« _, .• , ,, .. ......anual 10<il/ac D (R'-'i} Residar(ial Manu[ac:tured fbmu .___. l""/i...ommarcrlllOltice Q(R-14)Residen~al 141iila: D [UC--Nl)Urb111 Cooler Nort)! l D (COR)Cllfllrrnirdalr'Ofiee/Ra$idenbl D (R-4) Re!iidenlial 4dulae D (UC-N2) Urb111 centtr Ncrlh 2 DEPARTMENT OF CO AND ECONOMIC DEV ERC MEETING DA TE: Project Name: Project Number: Project Manager: Owner/Applicant: Contact: Project Location: Project Summary: Exist. Bldg. Area SF: DiCerchio Joint Use Residential Pier LUA14-001181, ECF, SM Kris Sorensen, Associate Planner Richard DiCerchio; 4005 """'- Barbee Mill Waterfront I Evan Wehr; Ecco Design 4005 & 4011 Williams Av .. of ,; ' ; BY. DATE: l!IYJ.----.:.-'-' -DATE; ___ _ ,n WA 98056; and ~-N __ _ ~-------- ~~----- The applicant is requestin "!!. d'W and a Shoreline Substantial Development Permit fort (S iw 80-foot long fully grated shared pier/dock, two mo ~tion of two freestanding, portable boatlifts in associ "" ~ single family residences on the shore of Lake Washing _ -· J,atewide Significance. May Creek and regulated shoreline borders the subject properties at the south and is approximately 175 feet from the proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10 zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as mitigation. N/A Proposed New Bldg. Area (footprint): Prapased New Bldg. Area (gross): N/A N/A Site Area: 4005 Williams: 10,756 sf 4011 Williams: 6,592 sf Total Building Area GSF: N/A STAFF RECOMMENDATION: Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance -Mitigated (ONS-M). Project Location Mop •• DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT of PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE; LAND USE ACTION FILE NO.; DATE RECEIVED DATE OF PUBLIC NOTICE; February 9, 2015 LUA14-001181, ECF, SM August 28, 2014 September 17, 2014 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: PROJECT MANAGER: OWNER/APPLICANT: CONTACT: PROJECT LOCATION: LEGAL DESCRIPTION: DiCerchio Joint Use Residential Pier Kris Sorensen, Associate Planner Richard DiCerchio; 4005 Williams Ave N; Renton WA 98056; and Barbee Mill Waterfront LLC; 4011 Williams Ave N Evan Wehr; Ecco Design Inc; 203 N 36th St #201; Seattle WA 98103 4005 & 4011 Williams Ave N 4005 Williams Ave N: Lot 48, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat; And also together with an easement across Lot 47 for ingress, egress and utilities as delineated on the face of said plat. 4011 Williams Ave N: Lot 47, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress City of Renton Department of Community & Economic Development DiCerch/o Joint Use Residential Pier DATE OF PERMIT: February 13, 2015 Shoreline Management Permit LUA14-001181, ECF, SM Page 2 of 14 and utilities as delineated on the face of said plat. SEC-TWN-R: NW-32-24-5 PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint use residential pier/dock on the shore of Lake Washington. The dock would have a fully grated 80-foot long, 4 to 6 feet in width with a total area of 400 square feet. The applicant is proposing to install a freestanding boatlift adjacent to an existing community boat dock. Two boatlifts would be located next to the dock approximately 57 feet from the shoreline. The pier construction would be accomplished by driving steel piles using a barge-mounted vibratory pile and installing two 3-inch diameter steel pins on land to support the landward section of the pier. Two 12-inch diameter steel mooring piles would be driven in the water on the southside of the pier, approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support the pier consist of two 4-inch diameter steel piles, four 8-inch diameter steel piles, and two 10- inch diameter steel piles. A canopy to cover the boatlift on the southern side of the dock was originally proposed and is no longer being proposed. The bottom of the dock at is approximately 18 inches above the Ordinary High Water Line. The proposed boat lifts would be approximately within 6 to 12 inches above the Ordinary High Water Line in the most upward position when a boat sits on top of the bunkers in a parked position. The boat lifts are approximately 12 feet by 10 feet in size (120 square feet in area) and would sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. The boat lifts were originally proposed at 42 feet from the shoreline and have been revised and located further waterward, at approximately 57 feet in distance from the shoreline. At the deepest point of the lifts, they would be approximately 12 feet below the waterline. 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 from start. The in water work window within Lake Washington at the site is open from July 16 to December 31. The work is proposed to be completed in July 2015. The boatlifts would be pre-assembled and set in the lake by crane from the construction barge following construction of the pier. A silt containment curtain would be installed around the work area. The joint use dock would provide moorage and facilitate access to Lake Washington for the residents of the two upland properties. The subject properties have approximately 123 feet of Lake Washington shoreline made up of existing rock bulkhead and a metal sheetpile bulkhead with concrete cap. City of Renton Department of r.,ommunity & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: February 13, 2015 Shoreline Management Perm;t LUA14-001181, ECF, SM Page 3 of 14 A planting mitigation plan provides for two Scour's Willows and two Red-Osier Dogwoods to be be planted as close to the lake as possible at the southwest corner of 4157 Williams Ave N property, north of the boat lift location. A monitoring and maintenance plan for the plantings has been provided to evaluate ongoing performance ofthe plantings over a 5-year period. The subject properties are part of the Conner Homes at Barbee Mill project which includes 114 lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of duplexes and single-family residences. The overall site was formerly a lumber mill facility. In order to restore the former industrial site to a site suitable for a residential waterfront subdivision, the mill buildings were demolished, contaminated soils remediated, fill soils were removed from behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and piling associated with the mill operation were removed; and shoreline restoration was accomplished. The shoreline restoration was accomplished by the Barbee Mill Company upon cessation of the mill operation. The cost fair market value of the project is $100,000. An Environmental (SEPA) Review Determination of non-Significance -Mitigated (DNS-M) was issued for this project on February 13, 2015. The appeal period of the determination ends February 27, 2015. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permits for the construction of a shared pier/dock connected to the shoreline, installation of two mooring piles, and installation of two boat lifts for the use of two residential properties. 2. The site currently is comprised of two single family residences, each with landscaping between the structure and shoreline and pathways to the shoreline that provide access to the proposed dock. The properties on the north side developed with residential homes and May Creek on the south side. 3. The shared pier would project waterward from the shoreline approximately 80 feet and have boat lifts installed on either side approximately 57 feet from shore. Two mooring piles are located approximately 14 feet south of the pier, one at 80 feet from shoreline and the other 50 feet from the shoreline. The boat lift would be installed on the north side of the existing Community Dock, 4 feet east of the inner harbor line, and approximately 11 feet 6 inches from the sheetpile and concrete shoreline bulkhead to the west. 4. The pier, boat lifts, and mooring piles would provide moorage and facilitate access to Lake Washington for use by residents and guests 4005 and 4011 Williams Ave N. 5. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width to a distance of 40 feet from shore, and 6 feet in width to 80 feet at the end of the walkway. The pier will be held in place by 8 steel piles in the lake between 4 and 10 City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: February 13, 2015 Shoreline Management Permit LUA14-00ll81, ECF, SM Page 4 of 14 inches in diameter and 2 steel piles driven on land 3 inches in diameter. 6. The boat lift dimensions are approximately 175 square feet in area supported on the lake bottom by four 1-foot wide by 1-foot long pads, with a total of 4 square feet sitting on the lake bottom. 7. The two steel mooring piles are 12 inches in diameter. 8. The boat lifts are accessory to the shared pier, and are permitted outright per RMC Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 12 feet below the waterline at their most westerly deepest point. 9. The shared pier would cross from landward of the Inner Harbor line into the Lake Washington area regulated by Department of Natural Resources. 10. The subject site has priority habitat and is located in areas regulated by the City of Renton Shoreline Master Program for Lake Washington and May Creek although the project is only located in the lake regulated area. Steep slopes are located on-site on the westerly portion of 4005 Williams Ave N. No other critical areas exist on site. 11. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report, the Environmental {SEPA) Review Report, and the Departmental Recommendation at the end of this report. 12. An Environmental (SEPA) Review Determination of non-Significance -Mitigated (DNS- M) was issued for this project on February 13, 2015 with 5 mitigation measures. The appeal period of the determination ends February 27, 2015. 13. An amended project biological evaluation by Marine Surveys & Assessments, dated December 17, 2014, states that for this project there will be no net loss of ecological functions and values which is consistent with the City of Renton's Shoreline Master Program. 14. The applicant received approval of the planting plan by the Barbee Mill homeowners association for installation of the proposed plantings along May Creek shoreline and Lake Washington shoreline. 15. A mitigation planting plan provides for installation of 4 Shore Pine trees, 6 Nootka Rose shrubs, 8 Red-Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005 Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams Ave N property. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: February 13, 2015 Shoreline Management Permit LUAl4-00118l, ECF, SM Page 5 of 14 16. The following table contains project elements intended to comply with the Shoreline Master Program standards and policies, as outlined in RMC 4-3-090: A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT: The site is located in the Shoreline High-Intensity Overlay District. The objective of the High Intensity Overlay is to provide opportunities for large-scale office and commercial employment centers as well as multi-family residential use and public services. This district provides opportunities for water-dependent and water-oriented uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. Development may also provide for public use and/or community use, especially access to and along the water's edge. The proposal is compliant with the following Shoreline policies: Objective SH-A. Provide for use of the limited water resource consistent with the goals of the Shoreline Management Act by providing a preference for water-oriented uses. Objective SH-B. Provide that the policies, regulations, and administration of the Shoreline Master Program ensure that new uses, development, and redevelopment within the shoreline jurisdiction do not cause a net loss of shoreline ecological functions. Policy SH-7. Existing and future activities on all Shorelines of the State regulated by the City of Renton should be designed to ensure no net loss of ecological functions. Policy SH-14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. B. DEVELOPMENT STANDARDS: The subject site where the pier will be located is classified as S.horeline High Intensity on the City of Renton Shoreline Overlay Map. The following development standards are applicable to the proposal: 1. No Net Loss of Ecological Functions Required Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline City of Renton Department of Community & Economic Development DiCerchio Joint Use Residentiol Pier Shoreline Management Permit lUAl4-00ll8l, ECF, SM DATE OF PERMIT: February 13, 2015 Page 6 of 14 ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The applicant provided an addendum to the biological assessment, authored by Morine Surveys & Assessments /wha olsa authored the biological review) stating that the project and mitigation measures and proposed plantings provide for na net loss af ecological functions and values which is consistent with the City of Ren ton's Shoreline Master Program. 2. Burden on Applicant Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline .,' Management Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. 3. View Obstruction and Visual Quality View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or trails. N/A Staff Comment: The proposed shared dock and associated mooring piles and boat lifts ore not a primary structure and the dock would be approximately 2.5 feet above the waterline and a boat sitting on the lift bunkers at the highest point would be approximately 5 feet above the waterline. Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet above average finished grade level except at specific locations. .,' Staff Comment: The building is less than 35 feet in height above the waterline as mentioned in the previous section. The dock is proposed to project woterward from the shoreline, which is a lower grade than the building pods the homes are built on. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall N/A provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. Lighting Requirements: Display and other exterior lighting shall be designed and operated so .,' as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: February 13, 2015 Page 7 of 14 fixtures, light shields, and screening. Staff Comment: The proposed shared dock has four dock lights, with two an either side of the dock and are not anticipated ta create glare, illuminate nearby residential properties, or create hazards for public traffic. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ N/A materials that limit reflected light. Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that ./ obstructs views of such equipment. Staff Comment: Conduit containing electric wiring is proposed as part of the dock proposal. The conduit is below grate, between the supporting stringers that the grate sits upon, which provides for the wiring ta be screen from view. Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence . ./ Staff Comment: The freestanding boat lifts an either side of the shared pier at their highest paint would be be/aw the nearby shoreline bulkhead without a boat, and below the top of the pier at the highest point without a boat. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet in width; provided, that where ADA requirements apply, such facilities may be increased to six feet in width. Stairways shall conform to the existing ./ topography to the extent feasible. Staff Comment: The existing walkway along the two properties' shared property fine is 4 feet in width, is concrete, and therefore does not exceed the four foot width. 4. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated . ./ Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or other water and land traffic disturbances beyond those that are part of water and booting related activities an the fake and that occur with a shared pier and maarage. 5. Public Access: Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUAl4-00118l, ECF, SM DATE OF PERMIT: February 13, 2015 the Shoreline Master Program. Page 8 of 14 N/A Lake Washington Reach C: The potential for provision of public access from new development will occur after cleanup of the Superfund site with multi-use development, which shall include shoreline access across the entire property, with controlled access to the water's edge, consistent with requirements for vegetation conservation and ecological restoration and provisions for water-dependent use, consistent with standards of this Section. Provision of public access from future redevelopment of the Seahawks and Barbee Mill site shall include a continuous public access trail parallel to the shoreline with controlled public access balanced with provisions for ecological restoration, as well as to shared or commercial docks, consistent with standards of this Section. Staff Comment: The dock, two boatlifts, and mooring piles will not impact or reduce public access established through the Barbee Mill lumber mill clean-up and redevelopment. 6. Building and Development Location -Shoreline Orientation Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values ,/ Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment: The applicant's biological habitat evaluation and related addendums provide some analysis. The location of the shared dock is at the furthest distance from May Creek as possible. Additionally, comments received from reviewing agencies have been integrated into the project and provided for improved site development to reduce impacts in the shoreline and lake areas. In the initial proposal for the project, one of the boat lifts was proposed with a canopy, the boatlifts were to be installed at approximately 42 feet from the shoreline, and no trees were proposed as part of project mitigation. Through comments received from reviewing agencies, the applicant revised the project. The boat lift canopy is not longer proposed. The boat lifts are now proposed 57 feet into the lake, 15 feet further than proposed. Additionally, native plantings are to be installed in closer proximity of the Lake Washington shoreline and May Creek shoreline and will include four Shore Pine trees. Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under-building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: February 13, 2015 Page 9 of 14 (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particularly water- dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Stoff Comment: Criteria "d" above is applicable to the project. The installation of the shared dock will hove a physical connection with the shoreline. To help stabilize the project into the future, the project hos been designed to use posts driven into the lake to support the structure with two pin piles to be driven at the beginning of the pier on the shoreline to support the landward section of the pier. It is not anticipated that the proposal would create structural destoblization in the future. Any stabilization work if required in the future, would require a shoreline permit or exemption and provide required anlysis to evaluate possible impacts of ecological functions and mitigation requirements. Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or N/A developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. Staff Comment: The proposed location is in an area of the Lake Washington where ,/ navigation is limited, as the site dead-ends into a shoreline sheet pile and concrete cop and bulkhead to the east, and is in on area where other piers are located. As such, the placement of the shared pier, mooring piles, and boat lifts at this location would not result in unreasonable impacts to nativotion or recreation. 7. Archaeological, Historical, and Cultural Resources: Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State and Federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources. ,/ Staff Comment: The reviewing agency comments received as part of the SEPA review process, provided the applicant a response from the state Department of Archaeology & Historic Preservation that o professional archeologicol survey is not necessary and would probably not be useful. The Department requrest that an inadvertent discovery plan be provided for the project. As part of the City's environmental review, the project requires this inodvertont discovery pion as o mitigation measure and as requested by the Deportment. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: February 13, 2015 Page 10 of 14 The lnadvertant Archeological and Historic Resource Dicovery Plan requires actions upon discovery of protected cultural material, human remains, and/or cultural material that may be protected by law. Coordination Encouraged: Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State ,t' Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. Staff Comment: See comment above. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure ,t' review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. Staff Comment: See comment above. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State ,t' Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies. Staff Comment: See comment above. Access for Educational Purposes Encouraged: Land owners are encouraged to provide access to qualified professionals and the general public if appropriate for the purpose of public ,t' education related to a cultural resource identified on a property. Staff Comment: See comment above. 8. Standards for Density, Setbacks, and Height-Activities Exempt from Buffers and Setbacks The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV. Water-Dependent Development: Those portions of approved water-dependent ,t' development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit WA14-001181, ECF, SM DATE OF PERMIT: February 13, 2015 Page 11 of 14 Staff Comment: The shared pier is a facility primarily for moorage and use by residents and guests of the two residential properties. Shoreline ecological functions have been evaluated and mitigation has been proposed to minimize any impacts in the short term construction phase and over the long term. The biological assessment 9-Use Regulations: a. Boat Lifts: Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are placed as far waterward as feasible and safe, and platform lifts are fully grated. Staff Comment: See the above report subsection 6. "Location of Development". b. Recreation Use: Piers and Docks ,/ ,/ N/A N/A N/A ,/ Piers and docks shall be designed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor create a hazard to navigation. Staff Comment: The proposal is a shared dock, moorage piles, and boat lifts, and being a shared facility lessens the number of docks in the water that may cause interference with the public use and enjoyment of the water. The pier, moorage pilings, and boat lifts project design is anticipated to minimize interference with the public use and enjoyment of the water and shoreline, and is not anticipated to create a hazard to navigation. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. Staff Comment: The project location and design is not anticipated to result in unreasonable interferene with the use of adjacent docks. The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. The expansion of existing piers and docks is preferred over the construction of new. Staff Comment: The project is a shared pier and is new. The shared pier provides far two properties' use of one dock, rather than the construction of two individual piers for each property. The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a single family residence on an existing lot. Staff Comment: The project is a dock accessory to single family residences. All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, including those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such Gty of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier Shoreline Management Permit LUA14-001181, ECF, SM DATE OF PERMIT: February 13, 2015 Page 12 of 14 N/A that no net loss of ecological functions results. Staff Comment: The biological evaluation and adendum to the evaluation determines that no net loss of ecological function will result from .this project's unavoidable impacts due ta its water deptendent use. Over-water construction not required for moorage purposes is regulated as a recreation use. New or expanded piers and docks allowed for water-dependent uses shall be consistent with the following criteria. • Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. • Water-related, water-enjoyment and multiple uses may be allowed as part of a dock or pier to serve as water-dependent use structures where they are clearly auxiliary to and in support of water-dependent uses, provided the minimum size requirement needed to meet the water-dependent use is not violated. • Public access is required over all docks utilizing public aquatic lands that serve water-dependent uses, water-enjoyment uses and multiple uses, provided it does not preclude the water-dependent use. • The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. Staff Comment: Boat maorage for the single family residences is proposed through the construction of an aver-water pier, mooring piles, and boot lifts. The project impacts and coverage areas are less than the construction of two individual piers, as the project is a shared pier. The pier length does not extend beyond a length necessary to provide reasonable and safe mooroge. Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated February 9, 2015. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s} hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: February 13, 2015 DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, AICP, Planning Director Department of Community & Economic Development Shoreline Management Perm;t LUA14-001181, ECF, SM Page 13 of 14 Date APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. 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: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection Jl of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. Exhibits/ Attachments: • DiCerchio Joint Use Pier Plan Sheet, Sheets Al.0 and A2.0, prepared by Ecco Design, dated revision November 11, 2014. • Planting Plan, prepared by Ecco Design City of Renton Department of Community & Economic Development DiCerchio Joint Use Residential Pier DATE OF PERMIT: February 13, 2015 cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Barbee Mill Community Organization; c/o Shirley Ely -Morris Management Inc Richard DiCerchio/Owner Barbee Mill Waterfront LLC/ Evan Wehr, Ecco Design Inc/Applicant/Contact Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/ Party(ies) of Record Shoreline Management Permit WA14-001181, ECF, SM Page 14 of 14 ' ,; ·:::i .. -a.. 0 -:c u 0:: w u - C • u " 1/ ' " " " " " " " ~ 'p '' //~·: :" '/ ~: 1-C rw. l!' ' ' ~ o' > I > ( <1 ~ ! EXHIBIT,. . ::.·.::,::,,.::I , , l:1 3 ld 3,n lNIOf' ~p O I HJ H 3 JI a a H V HJ I H ii.,; ;;: w > z 0 >- < > w ....I w ,~;,; z < ....I 0. w >- "' i \ ' j ( 0 • ( I ! i ! I ! I ' ' ' ~ ! j ! ! ! I ' l ' I ' ! 11 ! i i ,, !, " ;I ·-~·-··1 l:j::Jld Js;"'~j~ 0 I H ) M 3 ) I a a M \I H ) I Ml I -,1·,. \• ·'\_'''',, _ _:, I \ " lti L ,,1 i~f· ,. !! !' ~~J ai~ i~~! ,. ' :~~i ~~ !'" ~~i ' EXHIBITJ' I i l-.;--! ----------r- _'L 3:: !H! w ~~~§ > ''!' :t· z, < ...J ~ ,d j c' .r· ,, 0 • N <( LAKE WASHINGTON ' + OHWM~ 21.85' NOTE: EXISTING PLANTINGS ARE SHOWN IN GRAY, PROPOSED PLANTINGS ARE IN BLACK W/ CALL OUT. .-PROPOSED PIER . (400 SQ. FT.) .-PROPOSED . / BOAT LIFTS • I S;,, "o, -o. \ PLANTING PLAN SCALE 1" = 20'-0" 0 60 FT EXHIBIT' I I \ .. ~EXISTING CONCRETE WALKWAY '~3 NOOTKA ROSE RICHARD DICERCHIO 4005 WILLIAMS AVE N -----4 SHORE PINE ---------.--· .--· .-, ------ PROPOSED PLANT COUNT RED-FLOWERING CURRANT -11 TOTAL NOOTKA ROSE -6 TOTAL TALL OREGON GRAPE -6 TOTAL SHORE PINE -4 TOTAL -- •-------Denis Law c· f _ _:May:.or ------~1~tr1,t91 t l January 15, 2015 Evan Wehr Ecco Design Inc 203 N 361h Street, #201 Seattle, WA 98103 SUBJECT: "Off Hold" Notice Community & Economic Development Department C.E."Chip"Vincent, Administrator DiCerchio Joint Use Pier/ LUA14-001181 Dear Mr. Wehr: The Planning Division of the City of Renton accepted the above master application for review on September 17, 2014. During initial review, staff determined that additional information was necessary in order to proceed further and you provided responses to the Muckleshoot Indian Tribe environmental concerns and Washington State Department of Archaeology & Historic Preservation November 25, 2014. Review of the documents proceeded and staff received additional concerns from the Muckleshoot Indian Tribe Fisheries Division on December 9, 2014 regarding proposed mitigation plantings and evaluation of potential future dredging around the proposed pier. Requested information was to be submitted by March 11, 2015. Over the past month you have provided the requested information regarding the outstanding Muckleshoot Division questions. You have additionally provided an approval of the landscape plan by the homeowners association and an addendum to the project biological evaluation that provides a determination of no-net-loss of ecological function. The items you provided are listed below and provided as attachments to this letter: • Approved planting plan with four shore pine trees. • December 15, 2014 response letter regarding Karen Walter's/Muckleshoot Tribe Fisheries Division concerns about trees being part of the planting plan and concern about potential future dredging around the proposed pier. • December 17, 2014 addendum to the August 25, 2014 Biological Evaluation, with evaluation of no-net-loss to ecological function and determination. • January 7, 2015 email with the Barbee Mill homeowners' association landscape approval. Renton City Hall , 1055 South Grady Way , Renton, Washington 98057 • rentonwa.gov Mr. Evan Wehr Page 2 of 2 January 15, 2015 At this time, your project has been placed "off hold" so that we may continue the review of the above subject application and proceed with the Environmental (SEPA) Review of the project. Please contact me at (425) 430-6593 if you have any questions. Sincerely, ~~ S·""' ...... ., ...,_ Kris Sorensen Associate Planner cc: Barbee Mill Waterfront LLC / Owner Richard DiCerchio / Applicant Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen Walter, Muckleshoot Tribe/ Party(ies) of Record LAKE WASHINGTON OHWM- 21.85' • 'ii'o, , • 'O• NOTE: EXISTING PLANTINGS ARE SHOWN IN GRAY, PROPOSED PLANTINGS ARE IN BLACK W/ CALL OUT. 3 NOOTKA ROSE~.:: __ ,:::_ -PROPOSED PIER (400 SQ. FT) , PROPOSED BOAT LIFTS . S;,,, 5 RED-FLOWERING CURRANT "6~~"' 6 TALL OREGON GRAPE PLANTING SCALE 1" = 20'·0" 0 PLAN 60 FT c-EXISTING CONCRETE WALKWAY '-3 NOOTKA ROSE RICHARD DICERCHIO 4005 WILLIAMS AVE N -----_ -4 SHORE PINE --· --· --· --· --· -· .---·--·- PROPOSED PLANT COUNT RED·FLOWERING CURRANT • 11 TOTAL NOOTKA ROSE -6 TOTAL TALL OREGON GRAPE • 6 TOTAL SHORE PINE -4 TOTAL --·- December 15, 2014 Kris Sorensen 1 Associale Planner CED Planning Division 1055 S Grady Way Renton. WA 98057 Re: DiCerchio Joint Lise Pier/ LUAl4-001 l81 Th,: following is a line item response to concerns from Karen Walter with the Mu.;kkshoot Indian Tribe listed in a December I 0, 20 l 4 letter fn1m Kris Sorensen. Karen's concerns are listed in bold italics with our responses below in plain text. Evaluatio11 of native willows as part of the mitigation planting phm; In addition to the Mucklcshoot Indian Tribe we have also received comments on the plantings from the Snoqualmie l.ndian Tribe through the Army Corps of Engineers. TI1e Snoqualmie Tribe has requested that trees be included in the planting plan. The Barbee Mill Community Organization (BBMCO) must approve of any new plantings at the site. We have been in corresponding with the BBMCO to try and get them to allow a few native trees to be planted at the site. When/if the BBMCO agree to allow trees to be planted at the site we will notify both the Muckleshoot and Snoqualmie tribes through the Anny Corps of Engineers. Evaluation of potentialfuture dredging to mailltain moornge at the proposed pier locatio11, ,vith evaluation I!/' impacts to existing juvenile salmon shallow water habitat, and how dredging could be avoided. Attached are aerial photo overlays of the May Creek delta from 2005, 2007, 2010, and 2013. While the delta has expanded signific,mtly to the west and southwest it's expansion northward has been minimal. The proposed location of the pier is as far away from the mouth of May Creek as is possible at the site. The water depth at the proposed boat lifts is approximately lO'. Given that the current water depth is more than sufficient and that the delta expansion northward has been minimal future dredging at the proposed pier should not be necessary. My client is willing to agree that the pier be upproved with the condition that dredging not be allowed to maintain moorage depth. I hope that all of the ubove items have been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional infonnation. Sincerely, Evan Wehr Ecco Design Inc. :>06-706-3937 / \ i ,-':,~'. ... : -. -. • ~l ,._ ,...°K ! I \ . -~,. l I \ ~ ' .. (360) 3854073 morine.surveys.inc@gmail.com ADDENDUM December 17"'. 2014 521 Snagstead Way Port Townsend WA 98368 For: DiCerchio/ Barbee Mill Waterfront LLC Joint-Use Pier Project 4005 Williams Ave. N. Renton, WA 98056 Case# • Biological Evaluation Dated August 25'', 2014 Proposed Mitigation Planting In order to enhance the habitat in the area of the proposed pier, mitigation planting of native plant species is proposed. For this project a total of nine Nootka Roses, nine Tall Oregon Grape. and thirteen Red-Flowering Currants are proposed to be plant in the project area (see attached drawings). Planting of the native plant species listed above will enhance the habitat and provide additional ecological values and functions to the project site. Net-Loss Determination As stated in the original Biological Evaluation (BE) document the determination of effects for ESA species in the area are provided below: 1. Puget Sound Chinook -·'May affect, not likely to adversely affect" 2. Bull Trout -"May affect, not likely to adversely affect" 3. Puget Sound Steelhead -"May affect, not likely to adversely affect" 4. Marbled Murrelet-"No effect" All measures have been taken to avoid and minimize potential impacts resulting from the proposed project (see BE). In consideration of the unlikely impact to ESA species as well as the proposed mitigation planting suggested above to enhance the habitat, we determine that no-net-loss of ecological function will result from this project"s unavoidable impacts due to its' water dependent use. Additionally we believe that this project reflects the goal of the Shoreline Master Program by balancing access to the environment with the protection of that environment. Thank you for the opportunity to addend and comment on this project. Please do not hesitate to contact us if you have any questions or comments. Sincerely, Nam Siu Marine Biologist and Project Manager Marine Surveys & Assessments i ' ' C ' 1:t: IJJ a.. 0 u ·"'!~.· { 'i LU (J ' ~ ,,,, ~-~! l1~! ' ·- ;.J, -- ~ ,-~, J ,. => a1 Jo I Iii ,, ~;; ~ w > z 0 ,- <( >, ws / ~ \ S\ \ ' \ I ) I •.__) • •• z <( ..J <l. r ,, "" ~~ ; I ',~ I / I '~ r--- I .. .--1 / ,, ' ' ' ' I /'~1 ,, ' '-~[ c,11 :c;_ ,'1 )~ "~' ,: ~, \ ' ' /' ' ' ' ' ' 8~ '< Oo ~, "" Oz ,, ~~ o, ~i8 e!h ~l:io.u -~, __ ,. I ' " ' ' ' ' ' I' ··!O :::> :::> a1 L ,l, ,,, -'! 11, ·Is " I' ' ' ' ' t•J z ~ ~ ~ ~ z ~. z, ~~ ~i "' -, .. -----,.~ ---·,,. ·--·, -t :~ h• ,, " ::1;1d 35n .lNIOfl ~ CC OIHJM3JIG GMVHJIMd!, ' ' Vi ' 3:: "' > Kris Sorensen From: Sent: To: Subject: Hi Kris, Evan Wehr <evan@eccodesigninc.com> Wednesday, January 07, 2015 11:29 AM Kris Sorensen Fw: Fwd: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines Attached is the email approval from the BBMCO of the four proposed shore pines for Richard DiCerchio. Thank you, Architecture & Design 203 N 36th Ste. 201 Seattle, WA 98103 206. 706.3937 Facebook Houzz -----Forwarded Message ----- From: Richard DiCerchio <rdicerchio@live.com> To: Evan Wehr <evan@eccodesigninc.com> Sent: Friday, December 26, 2014 2:43 PM Subject: Fwd: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines What is the next step? Sent from my iPad Begin forwarded message: From: Shirley Ely <SE1y@morrismanagement.com> Date: December 26, 2014 at 1 :27:34 PM PST To: Richard <rdicerchio@live.com> Subject: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines Hello there Dick! I Just received the decision of the committee and Board regarding your landscape ACC request. They have approved contingent upon keeping the height of the plantings at or below 15 feet. I hope that will work for you and that you and yours have a wonderlul weekend'. Warmest regards. ,Sh,rle,1 E:__ly, ..-'\RM. Cf'M, CHCA. AMS, f'CAM A:;;sociation Mar1<'.:1ger Morri s Managem ent, In c., AAM C 425 -283-5858. ex t. 119 www .mo rr ismanagement.com From : Richard (mai lto: rd ice rc hio @li ve.com] Sent: Monday, December 22, 2014 11 :06 AM To: Shirley E ly Subject: Fw: Shore Pine s If you have any questions, please contact me. From: Richard Sent: Fri day, December 19, 2014 5:31 PM To: Eva n W eh r The proposed trees will not be in the view corridor regardless of their height. The first one is a view from the front of our house North . The second , third and forth ones are of the area where the new trees are planning to go. The fifth one is from the front of our house showing the view corridor to the water. the area of the proposed plants is impossible to be seen . Also , the planting area is 15 feet below the driveway. 2 1 -- 3 ' . . .,... 1 ... ~·a I. ~~ • , . ·-.':t' • ... . . ... ...... 4 5 6 Evan Wehr Ecco Design Inc. 203 N 36th St, #201 Seattle, WA 98103 BARBEE MILL WATERFRONT LLC 846 108th AVE NE Bellevue, WA 98004 Richard DiCerchio 4005 Williams Ave N Renton, WA 98057 City o ton Department of Community & Economic ,1opment GREEN FOLDER NOTIFICATION OF rrEV/EW REVIEWING DEPARTMENT: PROPERTY SERVICES COMMENTS DUE: DECEMBER 9, 2014 APPLICATION NO: LUA14-001181, ECF, SM DATE CIRCULATED: NOVEMBER 25, 2014 APPLICANT: Barbee Mill Waterfront, LLC PROJECT MANAGER: Kris Sorensen PROJECT TITLE: DiCerchio Pier PROJECT REVIEWER: SITE AREA: 6,592 square feet EXISTING BLDG AREA (gross): LOCATION: 4005 & 4011 Williams Ave N PROPOSED BLDG AREA (gross) SUMMARY OF PROPOSAL: 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 dock, one translucent canopy, two mooring piles, and two free-standing boat lifts in association with two attached residential units on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (10,756 and 6,592 square feet) for a total area of 17,348 square feet in 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. Two steel mooring piles would also be driven. To support the landward section of the dock, two steel pin piles would be driven. Twenty-two native shrubs would be planted along the shoreline. A. ENVIRONMENTAL IMPACT Element of the Environment Element of the Environment Earth Housino Air Aesthetics Water Uaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Tronsoortation Environmental Health Public Services Energy/ Historic/Cultural Preservation Natural Resources Airport Environment 10,000Feet 14,000Feet Where to enter your comments: Manage Mv Reviews Which type of comments are entered: Recommendation: Comments that impact the project including any of the Enviranemental Impacts above. Correction: Corrections to the project that need to made before the review can be completed and/or requesting submittal of additional documentation and/or re submittal of existing documentation. What Status should be used: . / Reviewed-I have reviewed the project and have no comments. Reviewed with comments -I have reviewed the project and I have comments entered in Recommendations. Correction/Resubmit-I have reviewed the project and the applicant needs to submit and/or resubmit documentation and I have added corrections in Corrections. -r-L\c,uC V\= iv\';~ \~ v\ e, ::s·) ._) 11/2-15/1,4. 1"'t::: C H k\ i C /l,L ,3!": P,V I C.£ s !--4.6,"b ~o COHHEl--'T~- VvE: -Po k-.k:,r ,SE-1=: 5 F-t A. R,E"V1 t=:V\/ "'-' o A )WROJ E S)-lo?,ElJ 1-£ sues.r-t.1---,rAL 't1=:V , 1'='.I:::. ~ 1-1 I TS' ' Denis Law Mayor December 10, 2014 Evan Wehr Ecco Design Inc 203 N 35th Street, #201 Seattle, WA 98103 SUBJECT: "On Hold" Notice ·· City of r --~.-·.· ... ···r;·r·t('f r l ~ ..._,,....__,,,-,-_., . ...,,,,,. U· Community & Economic Development Department C.E."Chip"Vincent, Administrator DiCerchio Joint Use Pier/ LUA14-001181 Dear Mr. Wehr: The Planning Division of the City of Renton accepted the above master application for review on September 17, 2014. During our review, staff determined that additional information was necessary in order to proceed further. Specifically, city staff requested that you. provide responses to the Muckleshoot Indian Tribe environmental concerns and Washington State Department of Archaeology & Historic. Preservation by January 5, 2015. You provided the requested information and staff sent your responses to reviewing agencies on November 25, 2014 and provided the agencies two weeks for review. Staff received additional concerns from the Muckleshoot Indian Tribe Fisheries Division on December 9, 2014. The following information will need to be submitted before March 11, 2015 so that we may continue the review of the above subject application and proceed with the Environmental (SEPA} Review of the project: • A line item response to the Muckleshoot Indian Tribe Fisheries Division environmental concerns below; o Evaluation of native willows as part of the mitigation planting plan; · o Evaluation of potential future dredging to maintain moorage at the proposed pier location, with evaluation of impacts to existing juvenile salmon shallow water habitat, and how dredging could be avoided. We recommend consultation with the concerned Tribes as part of this process. Please note that the responses requested should be prepared by a qualified consultant. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-6593 if you have any questions. Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 , rentonwa.gov • Sincerely, . ~$ ~.._ •c,,1· '""" Kris Sorensen Associate Planner cc: Barbee Mill Waterfront LLC / Owner Richard DiCerchio / Applicant Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen. Walter, Muckleshoot Tribe/ Party(ies) .of Record Denis Law Mayor November 25, 2014 Evan Wehr Ecco Design Inc 203 N 36'" Street, #201 Seattle, WA 98103 SUBJECT: "Off Hold" Notice City of " Community & Economic Development Department CE. "Chip"Vincent, Administrator OiCerchio Joint Use Pier/ LUA14-001181 Dear Mr. Wehr: The Planning Division of the City of Renton accepted the above master application for review on September 17, 2014. During our review, staff determined that additional information was necessary in order to proceed further as noted in the project on-hold letter sent to you dated October 6, 2014. Specifically a response to the Muckleshoot Indian Tribe Fisheries Division and response to the survey for Department of Archaeology & Historic Preservation (DAHP) were needed. On November 13, 2014 you submitted responses and updated information as listed below: • Response to Muckleshoot Tribes concerns including design of dock, proposed canopy cover, and proposed mitigation plantings; • An updated letter from DAHP, Gretchen Kaehler, dated November 6, 2014 that requires an inadvertent discovery plan to be implemented for the project and not a more extensive assessment as initially required; " Updated Project Site Plan, Elevation, and General Information on sheet Al.O dated November 11, 2014 by Ecco Design; and an " Updated Plan View, Section Detail, and Planting Plan on sheet A2.0 dated November 11, 2014 by Ecco Design. The submitted information is being sent for a two week review period by interested parties and public agencies. Following the review period, the above information will allow the continued review of the subject application and for the project to proceed with required Environmental (SEPA) Review. Please contact me at (425) 430-6593 if you have any questions. Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Sincerely, ~t 4"" M .f *""" Kris Sorensen Associate Planner cc: Barbee Mill Waterfront LLC / Owner Richard DiCerchio / Applica.nt Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen Walter, Muck!eshoot Tribe/ Party(ies) of Record Enclosures Evan Wehr Ecco Design Inc. 203 N 36th St, #201 Seattle, WA 98103 BARBEE MILL WATERFRONT LLC 846 108th AVE NE BELLEVUE, WA 98004 Richard DiCerchio 4005 Williams Ave N Renton, WA 98057 November 11, 2014 Kris Sorensen, Planner CED Planning Division 1055 S Grady Way Renton, WA 98057 Re: DiCerchio Joint Use Pier I LUA14-00l 181 The following is a response to comments in an email from Karen Walter with the Muckleshoot Indian Tribe dated October I, 2014. The proposed design for the project is the one on sheet A2.0. The application with the Army Corps of Engineers has been revised to this design without the ell. The location of the lifts has been revised to be in deeper water. The canopy is no longer being proposed and has been removed from the revised plans. The proposed planting locations have been revised to be denser and closer to the ordinary high water mark. Additional shrubs have been added to the planting plan in the revised drawings. The existing willows have not had a chance to mature yet and my client would prefer to not add additional willows. I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional information. Sincerely, Evan Wehr Ecco Design Inc. 206-706-3937 November 11, 2014 Kris Sorensen, Planner CED Planning Division 1055 S Grady Way Renton, WA 98057 Re: DiCerchio Joint Use Pier/ LUA14-001181 Attached is a letter from Gretchen Kaehler with the Department of Archaeology and Historic Preservation stating that an archaeological survey is not necessary from the project and that an inadvertent discovery plan should be implemented for the project. I have included the inadvertent discovery plan provide by Gretchen that will be used for the project. I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional information. Sincerely, Evan Wehr Ecco Design Inc. 206-706-3937 November 6, 2014 Kris Sorenson Assistant Planner City of Renton Sixth Floor Renton City Hall I 055 S Grady Way Renton, WA 98057 In future correspondence please refer to: Log: 100!14-IO-Kl Property: LUAl4-000l 181, ECF, SM DiCerchio Pier Allyson Brooks Ph.D., Director State Historic Preservation Officer Re: Archaeology-Rescind Request for Survey. Please add attach Inadvertent Discovery Plan to Permit Dear Ms. Sorenson: Thank you for contacting the Washington State Department of Archaeology and Historic Preservation (DAHP). We have reviewed plans for construction of the DiCerchio Pier. Given the amount and location (filled area) of ground disturbance a professional archaeological survey is not necessary and would probably not be useful. In our opinion the project may proceed with the attached inadvertent discovery plan. Thank you for the opportunity to review and comment. Sincerely, Gretchen Kaehler Local Governments Archaeologist (360) 586-3088 gretchen.kaehle6i dahp. \Va.gov cc. Laura Murphy, Archaeologist, Muckleshoot Tribe Cecile Hansen. Chair, Duwamish Tribe Dennis Lewarch, THPO, Suquamish Tribe State of Washington • Department al Archaeology & Historic Preservation P.O. Box 48343 • Olympia. Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov Inadvertent Archaeological and Historic Resources Discovery Plan for King County In the event that any ground-disturbing activities or other project activities related to this development or in any future development uncover protected cultural material (e.g., bones, shell, antler, horn or stone tools), the following actions will be taken: 1. When an unanticipated discovery of protected cultural material (see definitions below) occurs, the property owner or contractor will completely secure the location and contact: a. The property owner and project manager; b. A professional archaeologist; c. The Department of Archaeology and Historic Preservation (DAHP) (Gretchen Kaehler, 360-586- 3088, 360-628-2755 cell); d. The Muckleshoot Indian Tribe Co (Laura Murphy, Archaeologist, 253-876-3272); e. The Duwamish Tribe (Cecile Hansen, Chair, 206-431-1582) f. Suquamish Tribe, Dennis Lewarch, THPO (360-394-8529), and Steven Mullen-Moses, Cultural Resources, Snoqualmie Tribe (360-652-7362) 2. If the discovery is human remains, the property owner or contractor will stop work in and adjacent to the discovery, completely secure the work area by moving the land-altering equipment to a reasonable distance, and will immediately contact: a. The property owner; b. The Kin County Sheriffs Department (425-556-2500) and; c. The King County Coroner, Richard Harruff (206-731-3232) to determine if the remains are forensic in nature; d. If the remains arc not forensic in nature the Department of Archaeology and Historic Preservation (DAHP) (Gretchen Kaehler 360-586-3088 and Guy Tasa 360-586-3534); will take the lead on determining the appropriate method of treatment for the remains and will consult with the affected tribes; 3. Cultural material that may be protected by law could include but is not limited to: a. Buried layers of black soil with layers of shell, charcoal, and fish and mammal bones (Figure 1). b. Non-natural sediment or stone deposits that may be related to activity areas of people; c. Stone, bone, shell, horn, or antler tools that may include projectile points (arrowheads),scrapers, cutting tools, wood working wedges or axes, and grinding stones (Figures 2 and 3); d. Stone tools or stone flakes (Figures 2 and 3); e. Buried cobbles that may indicate a hearth feature (Figure 4 ); f. Old ceramic pieces, metal pieces, tools and bottles (Figures 5 and 6); and g. Perennially damp areas may have preservation conditions that allow for remnants of wood and other plant fibers; in these locations there may be remains including: • Fragments of basketry, weaving, wood tools, or carved pieces; and • Human remains. 1 4. COMPLIANCE WITH ALL APPLICABLE LAWS PERTAfN ING TO ARCHAEOLOG ICAL RESOURCES (RCW 27 .53, 27.44 and WAC 25-48) AND WITH HUMAN REMAINS (RCW 68.50) IS REQU IRED. FA ILURE TO COMPLY WITH THESE REQU IREME TS COULD RESULT IN A MISDEMEANOR AND POSSIBLE CIVIL PENAL TIES AND /OR CONST ITUTE A CLASS C FELONY. Figure l : She ll midden 2 Figure 2: Exa mpl e o f sto ne too ls 3 Figure 3: Exa m pie of st one fl ake . 4 Figure 4: Example of hearth (oven) feat ur e. 5 Figure 5: Examp le of hi storic artifacts from debri s scatter. Figure 6: Exampl e o f bott le from hi s toric debris dump. 6 )> .... • 0 l, \ \ ? en .... m " r )> z ft m r m < )> .... 0 z < m ::; ------ ,.co' ji(rn I CH ARD DIC ER CH I 0 -~ t, IJOINT USE PIER ~ r ::;:':.'",;;,. ,, ,· \ \., \ < ) ' 1' ~ < ~ < / ) < /-,.>-" \ '"'II "' > ·lie ~1 I !!j!I'·~ C ~~:ii J;g > ( ~~t~t§~I ::~<'I~~ h~ ?' 1·!'' ,:,~ ,j,1 \"c )' ,. " i:<l r O ,S;:, u~~ < ... ~ \ :;;-""' i,~ ' J" "----··-/ l:jf. ·r > ' :-;_M b~.?.! <•i i:·- ;,,;~ Ce ,o ,, ~~ ",;; !! :I !I i, I -~S u ,, ., i" I, ! ' l i ' C - 0 m :::a 0 :c - 0 -m :::a !! , !; ~ ' = ~ ~ ' £ ! i : • r: ~ l ~ ' C ~ l a;:, t"i's 1 ?!, 1-~ i'C p ' )> N • 0 f ' " r l> z < m :E f ,.,,. ! l lR IC HARD D I CE RC H I 0 JOINT USE PIER -~·~·"" "''"'"·""...,.,. ~ r > z ~ z " ~ r > z lTilf:lffil. • 0 1~t '"\, '~ \ ... '<,..._ l->~ ) ( r/ r- ' r· ../ J C .A~ ' ['I>, '~ ~r,,c~ 1-~C p_~,, I ,! '\...j{>._{(-'I·\_.r Denis Law Mayor October 6, 2014 Evan Wehr Ecco Design Inc 203 N 361h Street, #201 Seattle, WA 98103 SUBJECT: "On Hold" Notice ----- r Cityof • _! 3· r rrn· rJ Community & Economic Development Department C.E."Chip"Vincent, Administrator DiCerchio Joint Use Pier/ LUA14-001181 Dear Mr. Wehr: The Planning Division of the City of Renton accepted the above master application for review on September 17, 2014. During our review, staffhas determined that additional information is necessary in order to proceed further. Specifically, we received comments from Washington State Department of Archaeology & Historic Preservation (DAHP) and the Muckleshoot Indian Tribe Fisheries Division. Copies of this correspondence are enclosed. The following information will need to be submitted before January S, 2014 so that we may continue the review of the above subject application and proceed with the Environmental (SEPA) Review ofthe project: • A professional archaeological survey of the project area in response to DAHP concerns that is provided to DAHP and the interested Tribes; and • A line item response to the Muckleshoot Indian Tribe Fisheries Division environmental concerns; We recommend consultation with the concerned Tribes as part of this process. Please note thatthe responses requested should be prepared by a qualified consultant. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-6593 if you have any questions. Sincerely, ~t d' ........ ·--- Kris Sorensen Associate Planner Renton City Hall , 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov cc: Barbee Mill-waterfront LLC / Owner Richard DiCerchio / Applicant Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen Walter, Muckleshoot Tribe/ Party(ies) of Record Enclosures October I, 2014 Ms. Kris Sorenson Assistant Planner City of Renton Sixth Floor Renton City Hall 1055 S Grady Way Renton, WA 98057 In future correspondence please refer to: Log: 100114-10-KI Property: LUA14-0001181, ECF, SM DiCerchio Pier Re: Archaeology -Survey Requested Dear Ms. Sorenson: We have reviewed the materials forwarded to our office for the proposed project referenced above. The area has a high potential for archaeological resources. There is documentary evidence of a precontact Duwamish Village near the mouth of May Creek which Further, the scale of the proposed ground disturbing actions would destroy any archaeological which is near the project area An archaeological evaluation of a a nearby project stated that the ethnographic village probably was within the residential portion of the current project area. Identification during construction is not a recommended detection method because inadvertent discoveries often result in costly construction delays and damage to the resource. Therefore, we request a professional archaeological survey of the project area be conducted prior to ground disturbing activities. The completed archaeological survey should be forwarded to DAHP and the interested Tribes prior to any construction. We also recommend consultation with the concerned Tribes' cultural committees and staff regarding cultural resource issues. If any federal funds or permits are involved Section I 06 of the National Historic Preservation Act, as amended, and its implementing regulations, 36CFR800, must be followed. This is a separate process from SEPA and requires formal government-to-government consultation with the affected Tribes and this agency. We would appreciate receiving any correspondence or comments from concerned tribes or other parties concerning cultural resource issues that you receive. 1 Kris Sorensen From: Sent: To: Cc: Subject: Attachments: Kris, Karen Walter < KWalter@muckleshoot.nsn.us> Wednesday, October 01, 2014 11:08 AM Kris Sorensen Christa Heller FW: City of Renton SEPA (DNSM) Notice of Application -DiCerchio Pier LUA14-001181, ECF, SM imageOOljpg; ERC Checklist & Siteplan 14-001181.pdf; DiCerchio Pier -Biological Evaluation Lake and Stream Study 14-001181.pdf; DiCerchio Pier Landscape Plan 14-001181.pdf; DiCerchio Pier Notice of Application DNSM 14-0001181.pdf We have reviewed the proposed DNSM/Notice of Application for the DiCerchio Pier project referenced above. We have some questions and comments as noted below: In the attachments above, there are two different pier designs shown for this joint use project (one by Ecco Design; Sheet A2.0 and on shown on Sheet 2 of JARPA drawings). Which design is proposed for this project? The JARPA drawing "L" shape design places the two boatlifts out to deeper water compared to the Ecco Design version and would be preferred given the water depths in the area (less than 15') and proximity to May Creek. Are there more details about the proposed translucent boat canopy? The propose mitigation planting plan is inadequate. While there are no as-built drawings for the existing plants (and there should be from the plat requirements), what is shown in the photos from the BE/Lake Study is a low density and low growing shrubs and ground covers and insufficient to create a functional shoreline buffer. The proposed 22 new plants over the two parcels is inadequate to provide sufficient densities and the plant species are limited in providing overhanging function preferred by juvenile Chinook. More native willows should be added to the design and planted between the two sets of two willows proposed on Sheet 7 of the JAPRA drawing packet. We appreciate the opportunity to review this project and look forward to the City's responses. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-875-3115 From: Sabrina Mirante [SMirante@Rentonwa.gov] Sent: Wednesday, September 17, 2014 3:25 PM To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Kris Sorensen Subject: City of Renton SEPA (DNSM) Notice of Application -DiCerchio Pier LUA14-001181, ECF, SM NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF Non-significance-mitigated (dns-M) 1 Requested Studies: Biological Assessment, Stream/Lake Study Location where application may be reviewed: Department of Community & Economic Development (CED) -Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated COMP-RMD on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist, Lake Study and Biological Assessment Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above: Follow construction sequencing and work window as recommended in the submitted biological evaluation/lake study. Comments on the above application must be submitted in writing to Kris Sorensen,, CED -Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on October 1, 2014. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Kris Sorensen,; Tel: (425) 430-6593; Eml: ksorensen@rentonwa.gov 3 Kris Sorensen From: Sent: To: Cc: Subject: Attachments: Hi Kris, Kaehler, Gretchen (DAHP) <Gretchen.Kaehler@DAHP.wa.gov> Wednesday, October 01, 2014 2:53 PM Kris Sorensen DTS@qwestoffice.net; Dennis Lewarch; 'laura.murphy@muckleshoot.nsn.us' (laura.murphy@muckleshoot.nsn.us) Re: LUA14-0001181, ECF, SM DiCerchio Pier 100114-10-KI_LUA14-0001181, ECF, SM DeCerchio Pier.pd/ Please see attached for this project. Please feel free to contact me if you have any questions. Thank you, Gretchen Gretchen Kaehler Assistant State Archaeologist, Local Governments Department of Archaeology and Historic Preservation Olympia Ph:360-586-3088 Cell:360-628-2755 1 City of ,,_,,ton Department of Community & Economic __ .t .opment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMUNITY SERVICES COMMENTS DUE: OCTOBER 1, 2014 APPLICATION NO: LUA14-001181, ECF, SM DATE CIRCULATED: SEPTEMBER 17, 2014 APPLICANT: BARBEE MILL WATERFRONT, LLC PROJECT MANAGER: KRIS SORENSEN PROJECT TITLE: Di(erchio Pier PROJECT REVIEWER: SITE AREA: 6,592 square feet EXISTING BLDG AREA {gross): LOCATION: 4005 & 4011 Williams Ave N PROPOSED BLDG AREA {gross) SUMMARY OF PROPOSAL: The applicant is requesting Environmental {SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an BO-foot long joint use dock, one translucent canopy, two mooring piles, and two free-standing boat lifts in association with two attached residential units on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots {10,756 and 6,592 square feet) for a total area of 17,348 square feet in 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. Two steel mooring piles would also be driven. To support the landward section of the dock, two steel pin piles would be driven. Twenty-two native shrubs would be planted along the shoreline. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information lmpacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water Liaht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoortotion Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. COJ'f-RELATED COMMENTS _ .h h O ~ :t:brl< Ct:ze IV!! ~El UJ. ,Td./}f:0. We have reviewed this applicat,on w,th part,cular attention to those areas m which we have expertise and have 1dentif1ed areas of probable impact or areas where additional informa · n s needed to properly assess this proposal. Signature of Director or Authorized Representative 1-is--tf Date , Agencies Barbee Mill Waterfront, LLC Evan Wehr, Ecco Design 300' Surrounding Property Owners (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING ) ) ss- ) See Attached Owner Contact See Attached ' ... ' I, I Ii I y.Oll V r:,11,,1 ........ ,~'""11 1\i O 11 ... ,,,'\1,tAISS10 ir1 1 'l ..... I; 2" 0 ~,,, ~/-/ : C.,: V 'f'loOr: \'\'\ ~ 'l. :, =--i ~ -f-p ~,:. :1) 1-:; ),, ~ .... • -< -t (/) ~ :,, ~ ~ -0 .... ::a::: ..... ~-i~ Co 1"-- ff\ t<P et,c (,,Jff : 0 'I, ~~r,, ~ :::- ;;,(\ '11, .:,,77 .... .::-- I, ti,. j,.,\l\l\\\\\'-''-", ... ._ ~ = I certify that I know or have satisfactory evidence that Sabrina Mirante · ·. , . :..isHiNG"IO,. signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses ahd-purj)Clses mentioned in the instrument. Dated: Notary (Print): ___ ----'lfoLJ.£1J(..,/"j-,!---·_,,-p_,tJ:WC<.J<><esa(.,,;,;[J'1-'---------- My appointment expires: ~jls~ d qr J.DrJf DiCerchio Pier LUA14-001181, ECF, SM template . affidavit of service by mailing 3342700007 BARBE( FOREST PRODUCTS INC PO BOX,359 RENTON, WA 98057 518500470 BARBEE MILL WATERFRONT LLC 555 S RENTON VILLAGE $570 PL RENTON, WA 98057 518500370 BEEM GARY+BRENDA 4119 WILLIAMS AVE N RENTON, WA 98056 518500380 DAWSON MARTHA J+CORBELL RON 4113 WILLIAMS AVE N RENTON, WA 98056 518500400 KAMPEL ELLEN+GOODMAN HOWARD 4101 WILLIAMS AVE N RENTON, WA 98056 3224059005 KING COUNTY-PARKS 500 4TH AVE #830 SEATILE, WA 98104 518501030 RESHAUR LISA 4053 WELLS AVE N RENTON, WA 98056 518501150 THE LAKE HOUSES AT EAGLE CO PO BOX 359 RENTON, WA 98057 518500450 BARBEE MILL WATERFRONT LLC 555 S RENTON VILLAGE $570 PL RENTON, WA 98057 518500480 BARBEE MILL WATERFRONT LLC 555 S RENTON VILLAGE $570 PL RENTON, WA 98057 518500410 BITNEY JONELL M+WILSON FARR 4063 WILLIAMS AVE N RENTON, WA 98056 518501010 FRAGNOLI DELLANIE P+COLLINS 4027 WELLS AVE N RENTON, WA 98056 518500390 KESKAR DINESH A+MEDHA D 4107 WILLIAMS AVE N RENTON, WA 98056 518500990 MITCHELL MARVIN J+MARY M 4015 WELLS AVE N RENTON, WA 98056 518501050 SMITH FRED E+PATRICIAA 4065 WELLS AVE N RENTON, WA 98056 518501040 THRAMER THOMAS J+NANCY S 4059 WELLS AVE N RENTON, WA 98056 518500460 BARBEE MILL WATERFRONT LLC 555 S RENTON VILLAGE $570 PL RENTON, WA 98057 518501060 BARRANS-STENHOUSE CARLA J 4071 WELLS AVE N RENTON, WA 98056 518500430 BOHLING ALAN W+NANCY A 4051 WILLIAMS AVE N RENTON, WA 98056 518500420 JOOS DESNEE M 4057 WILLIAMS AVE N RENTON, WA 98056 518501020 KINDRA BALBIR S+RANI K 4033 WELLS AVE N RENTON, WA 98056 518501000 OYER RONALD D+HENRIETIA S 4021 WELLS AVE N RENTON, WA 98056 3342700005 THE LAKE HOUSES AT EAGLE CO PO BOX 359 RENTON, WA 98057 518500440 WU CHARLES L+ELAINE L 4029 WILLIAMS AVE N RENTON, WA 98056 • Olympia, WA 98504-7015 K(..Av. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Tim McHarg Jack Pace 35030 SE Douglas St. #210 Director of Community Development __ ,,,g Community Dev. Director Snoqualmie, WA 98065 12835 Newcastle Way, Ste 200 220 Fourth Avenue South Newcastle, WA 98056 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila ·senior Environmental Planner Kathy Johnson, Steve Lancaster, Responsible Official Gary Kriedt 355 1101h Ave NE 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 Mailstop EST llW Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98004 Seattle Public Utilities Jailaine Madura Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address; sepaunit@ecy.wa.gov ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov Barbara Nightingale State Department of Ecology NW Regional Office 3190 160th Avenue SE Bellevue, WA 98008-5452 template -affidavit of service by mailing Office of Attorney General Ecology Division PO Box 40117 Olympia, WA 98504-0117 Evan Wehr, Ecco Design Inc. 203 N 36th St, #201 Seattle, WA 98103 BARBEE MILL WATERFRONT LLC 846 108th AVE NE BELLEVUE, WA 98004 Richard DiCerchio 4005 Williams Ave N Renton, WA 98057 ~-==::i.-::.:::-.. -....... =~-=~~.=:.;,;::;,;:.,,c:.:_---,CED-Plarrill P"'l)O,.l,orwilhtot>o""'°"•~af<=nl•nll""..,."""ltloool i.,m.o. w,.,.._.q1'Utlom1ba11tthil '°"YOM0ffl05Ubmlt>...ttlmeom""'nl>w111•~t..a,m,, -by""'!l,""""'<11!11Pn>jlctt.11nqor. onlh"~"'Je,;1./t,opy.,(tll<,ut,,eq....t-d<""";r,om,:=:==!>enatfflodot•nf~ CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 43!Hj593-Eml· ksorensen@rentonwa.gov ' · I Pl£ASE INQUDETIIE PROJECT NUMBER WHEN CAWNG FOR PROPER FILE IDENTIFICATION I NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) /t,_,...~ ..... --.,,<1-·!>tod-lt,otr.p,rtmontotc.,m,,,u,,lq-l.-"'°"""..,.,..... (CEDI-Plamml Dlwlslonofthfotyal-Thot1,ll-',,cb!ldy-1t,o.opplloltlon0fldthl ---· D/tl!:OFNanaOfl.PPUCllTION: $epll<noor17,l010 J'IU)JECl"!:JESOIF'T1<)N, The applanl ;,, 'e<l<>Ulirol ~·-(SEP/'-) -and ,ppwnl of I 5ho"l""' SIJmtonlW (lew,lopmen1: Perm~ Jor thf co.....-n af ~ 80--io<"C ),>int,.,,. clod<, °"" ll"IOWC<'nl "'""l'l'•_"'°",...pilo,<,•od--"'"°"'·bollllft>;,,_wltl>_~_lunmontt.. ....,,. o( 1..o<e Wnhl•C"'" , ,,..,.n.,. of ~ 5lplllanu. Tho 1""paood 1"";oct >Ill ,ncorn_ rwo latl 1>0.75/i '"" G,s,ll~---·1 foto,,,,.. ,,.., .n,.3-1&-,... ...... R•lO """· c,,,,stn.,:IIOO ..... ,.., .. ....,..111 Ill tron,p,....,dtoffl<..,.lll'bofg,O-Elthl-'~'"'--'°bo...,ui'-<i"''l>a11e-mc-•ibn1D11"])11o,:lrt;or. r...o.t.,,1...,.~nipile>-...W•""bo.......,_, .. ~11,obr<!wonl-olu,.dock,twc,tttlplnpk>"""'"1bo dffl'IO. _ ....................... _.. .. ball"'nted•bnl""-· Dl'l1DfW. Df;l"ERMIH/'-TION OF Nco<-SIGNlflCIJ'ICE. ,.m,;.,.no{ON5-M~ A>th< l.e>d ""'""'· 11,oatyof --""' <!oto""inodlll><~---""pa<l>'n!-lyto-lromll...-propo,,,d""'io<l--·" p<~ uodo< ,t,.. RCH .U.lleutl. tt. O\'j or P.anton ~ ..... tho Dpt!ono, -pn=<> 10 &iY< ".°'I'"' that• ON5--M~lllollytobo-. C<lm_..,porlo<bb"tt.""*"'andtt,o~ONS--M•rol_....,i,oto•<l"PI °""'"'°"' P1Ji<ol· "llM<-. wlll bo"" -poriD<!-inC"'° """"""' oru.. n,.-..holdOOl«ffli"""'" or Ho<>- ~O<O-MitlpfM (016--MI-Th>I -bo tt. orlf op,,om,nlt<y to "°""""nl on th< "'"'''"'""""'I Im?'""' of the -1-.. 1'-<lof•ppc11po<ICl<l...ifoll<>wth< ...... <1CaaflheDHS-M. PP:MIT .lPl'UCAT1DN ""-T'!:. qu<t ll, lDl,I MDTICECO'COMPLETE~TJDN, s.puml>l<l7,l01~ ~CAl!TfPIIOllcrtoNTt.er~ Ev>nWoN"/-_..,...1<£/203N31i9st.-2!!1/5uftl<,W'--• ~--, · t,r,t,,,.....,.,.l(SEll'-),._,Sho<OllnoSubot,,ntblDcfflo>P..-, O<Mr....,-.whkh"""'bo,....-a..lldlrc"'""" ~-llo ... ~-51,,,0,n/l.>kaJh>dV _...,,n1,:,1-n1tyJ.E..,,....,k-lODl·Ptu1rjn,i [Hvl<l,>n, 51,lh fl<>or'--OtyHoll.1o5S-G,>dy"fl.-,, o.nton. Wit _, Hyw .,,,wd w.. to bo ..-• Plr"IV or ~nl to ""'1IIY'I furtt>,r 1nfo,m>tbn on th~ pro,,o..-1 pro)e<!. rnrnpln< thi> l<lnn ind mum to, Ot\f ol ~""""' CED -PO\nn;na DM<lon. lll5S ,io. Gr.lot, WI"(. """"'"· W'-980',1 · N>IM/l'llO "°" OIC«<hio P"oc</Wl.1+0011$1, EO,Sl>I """'E'---------------------- 1,\JjUNGAllc>IIDS ___________ aty{Stollo/ZIP'-------- lEL.EPtiD~EtfD.. _________ _ CERTIFICATION I, Vl ) s·o ruV\,S&i'\ereby certify that IL copies of the above document were posted in conspicuous places or nearby the described property on Date:1 !J % frlf Signed:'k~,, ~-r r + ,~ STATE OF WASHINGTON ss COUNTY OF KING I certify that I know or have satisfactory evidence that 'K r ,< 5or eo sec, signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. ublic in and for the State of Washington Notary (Print): September 17, 2014 Ev.a11 Weht · Ecco Design, Inc · 203 N 36 1h St., Ste. 201 Seattle, WA. 9$103 Community & Economic Development Department CE. 'Chip'Vincerit, Administrator Subject: · Notice of Complete Application DiCerchio Pier, LUA14-001181, ECF, SM Dear Mr .. Wehr: The Planning Division ofthe City of Renton has detennined thatthe subject application. is complete according to submittal requirements and, there{ore, is accepted for review. .. . . . . : . ' ' It is t~ntativelyscheduled for consideration by the Environmental Review Committee oh · Octob.er 1, 2014. Prior to.that review, you will be notified if any additional information · · is required to contipue p(ocessing your application. . . . . · · Please contact me at (425) 430-6593 if you have any questions .... -' ' . . . Sincerely, . · Kris Sorens.en .. Associate Planner •. cc: . Bartie~·Mill Wa\erfro~t. LlC / Oivner(s) .Re.nton City Hall .1Qss South.GiadyWay , Renton,Washington 9805T , rentonwa.gov , NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) A Master Application has been filed and accepted with the Department of Community & Economic Development [CED) -Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: LAND USE NUMBER: PROJECT NAME: September 17, 2014 LUA14-0001181, ECF, SM DiCerchio Pier PROJECT DESCRIPTION: 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 dock, one translucent canopy, two mooring piles, and two free-standing boat lifts in association with two attached residential units on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots {10,756 and 6,592 square feet) for a total area of 17,348 square feet in the R~lo 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. Two steel mooring piles would also be driven. To support the landward section of the dock, two steel pin piles would be driven. Twenty-two native shrubs would be planted along the shoreline. PROJECT LOCATION: 4005 & 4011 Williams Ave N OPTIONAL OITTRMINATION OF NON-SIGNIFICANCE, MITIGATED (ONS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a DNS-M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non- Significance-Mitigated (DNS-M}. This may be the only opportunity to comment on the environmental impacts of the proposal. A 14-day appeal period will follow the issuance of the DNS-M. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: August 28, 2014 September 17, 2014 APPLICANT/PROJECT CONTACT PERSON: Evan Wehr/Ecco Design, Inc./ 203 N 36th St, Ste. 201/ Seattle, WA 98103 Permits/Review Requested: Other Permits which may be required: Requested Studies: location where application may be reviewed: Environmental (SEPA) Review, Shoreline Substantial Development Building Permit Biological Assessment, Stream/Lake Study Department of Community & Economic Development (CED}-Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 980S7 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED-Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: DiCerchio Pier/ LUA14-001181, ECF, SM NAME:---------------------------------- MAILING ADDRESS: ________________ City/State/Zip: __________ _ TELEPHONE NO.: --------------- ... CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mitigation Measures: The subject site is designated COMP-RMD on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental (SEPA) Checklist, Lake Study and Biological Assessment The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above: Follow construction sequencing and work window as recommended In the submitted biological evaluation/lake study. Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED-Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on October 1, 2014. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 430-6593; Eml: ksorensen@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Barbee Mill Waterfront LLC DiCerchio Pier PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE: ADDRESS: 4011 Williams Ave. N 4005 & 4011 Williams Ave. N --Renton, WA 98056 CITY: Renton, WA ZIP: 98056 -· KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: 0518500480 0518500470 APPLICANT (if other than owner) EXISTING LAND USE(S): NAME: Residential PROPOSED LAND USE(S): COMPANY (if applicable): No Change ---·-----------·----------- EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: COR PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) EXISTING ZONING: TELEPHONE NUMBER: R-10 CONTACT PERSON PROPOSED ZONING (if applicable): SITE AREA (In square feet): NAME: Evan Wehr 6,592 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): ecco design inc. DEDICATED: ADDRESS: 203 N 361 " St. #201 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Seattle, WA ZIP: 98103 ACRE (if applicable) TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 206-706-3937 evan@eccodesigninc.com NUMBER OF NEW DWELLING UNITS (if applicable): C:\Users\LoriC\AppData \Local\M" icrosoft\ Win do'\.\ "S \Temporary Internet F iles\Contcnt. Outlook\UFS6VZAS\neigh bor land use master app.doc -l - PROJECT I NFORMATr-10'-----N____,_( c'--"o=n=tin"-'u"-'e'-"d:,__l _______ ~ I ~UMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE $100,000 - 1 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): - SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 3,760 D AQUIFIER PROTECTION AREA ONE SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AOUIFIER PROTECTION AREA TWO BUILDINGS (if applicable): D FLOOD HAZARD AREA sq. ft_ SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft. - NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq_ ft_ applicable): D SHORELINE STREAMS & LAKES sq. tt. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW -PROJECT (if applicable): D WETLANDS sq. ft_ I_ ------- LEGAL DESCRIPTION OF PROPERTY (Attach leaal descriotion on separate sheet with the followina information included) SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N , RANGE 5E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP . . ' ,,-· I, (Print Name/s) /_ {-Tl \,_ I l 1 '-,1 (\ .-; (\ , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or _x_ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. _ . ./ t ; ' .f. / Signature of Owner/Representative / . I ' l \ I .. ,'. :'_ l '· STATE OF WASHINGTON ) ) ss COUNTY OF KING ) ', /, / / , )_I -/ / l./ Date Signature of Owner/Representative I certify that I know or have sat,sfa!s.\'<IX,~ {dence that L i 'n l / II _',()/tu I signed this instrument and a~~\:.d I~ h1slherithe1r free and voluntary act for the uses and purpose ment10~ ~C\l'I 1111 -..:! ,,,, 111 1 '4,. ·I : ,;J! -~'~,s,\ON ~,t1r11 ""J,, ~ Date , I I i = c;,,j ff# 1'A ~..1',i;. ~ c.-1· ' :_·_,, __ >,-::1/l ;; -.=o~ ,,,0 II~-,.,.,,~, ~ '"!'1 7'[_.'-71] ), ' : 'I ( --'1 ~ [ -~ C ~~"'---1---U--".-'. -.....CC-"-"----'---'-,,--C-\ +--\ Lt _,_-IL' _,..l/~--__,J'--', <'--/t--''i-"/i,./._,,_/ _c'---==-------• r ~ ~o -• -::: ~ Dated .., ~ '° v E z :; Notary Public in and for the State of Washington '/ fJJ 1 Us\.." E O -/ "'' "'-.4.;,; -~ ~r..'1,,/0.09/\ ... ..:-0$ 0 : ,,, ~ 11 11111,,,, .. ,, .. , .... ,,ff-~ Notary (Print): 5 / I (L/ Cl i L '11, o,. '{yr,.f>Y' ...... .:,, 111 11111,""'''I My appointment expires: -~'~L_-• 1-l-' ... J---1-/~/_L_,j_-__________ _ C:\Uscrs\LoriC\AppDatu\Local\Microsoft\Windows\Tcmporary lmemet Filcs\(~ontcnt.Outlook\UFS6VZAS\neighbor land use masicr app.doc -2 - City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: Richard DiCerchio DiCerchio Pier ADDRESS: 4005 Williams Ave. N PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 4005 & 4011 Williams Ave. N Renton, WA 98056 CITY: Renton, WA ZIP: 98056 TELEPHONE NUMBER: 425.922.3745 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0518500480 0518500470 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): Residential COMPANY (if applicable): PROPOSED LAND USE(S): No Change EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: COR PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) EXISTING ZONING: TELEPHONE NUMBER: R-10 CONTACT PERSON PROPOSED ZONING (if applicable): NAME: Evan Wehr SITE AREA (in square feet): 10,756 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): ecco design inc. DEDICATED: ADDRESS: 203 N 361h St. #201 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Seattle, WA ZIP: 98103 ACRE (if applicable) TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) 206-706-3937 evan@eccodesigninc.com NUMBER OF NEW DWELLING UNITS (if applicable): C:\Users\Dick\AppData\Local\M:icrosoft\Windows\Temporary Internet Files\Content.IE5\VU4572MX\land use master app.doc -I - . ~OJECT INFORMATION (co .. _ .. 1ued) ~-~-----~-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 1 $100,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 4,410 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): D AQUIFIER PROTECTION AREA ONE D AQUIFIER PROTECTION AR~ TWO ' D FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft. NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft. applicable): D SHORELINE STREAMS & LAKES sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): D WETLANDS sq. ft . . ---···---·-------··-· LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N ,RANGE 5E , INTHE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) '?, c 110 ,2 J 1 C Ji ,z, I, ,re j), (~. , ,,4 "/declare under penalty of perjury under the laws of the State of Washington that I am (please check one) __ the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. ,/; . , 1/ ,· ,//./ / iv r;; 4k,:...,( f'w ~ 1/--..c_,. Signature of Owner/Representative Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ·R; L"'-C\.,n\ \) ~ L <... Y--,;_Ir,_,· U signed this instrument and acknowledge ij to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. Dated ,,,,"'R'"'''h1,, ,,''..\.\~~ '-4,t,. ,,, le of Washington Date .::-~~ ''''"'\\1,,,1 Gc. 1,1 )-e ~ .:: .s, .,_.,"'',,;SION ,,'!•,, '"' // . L~ ' , -"" ...,., ,, -::r. / r /I /\,c,J. ';"-0,__. 3 f~ ~0T>1,i, ~;,,, ... ~ Notary (Print):-'-~--~··~''~~----~-·~ '~-+'v_'-~--- --J.. "'~ ~ -~(J ##1:::. ,,,. ~ :;; ~ -. -··~ ::: . -'l,_ l~ ~(J)1-,o ::: -M ·1 I . -L 1 A~ "a\.,v g ~ := y appom men expires:-~~--~--~~--------- ~ 7,.A 11,11 ,t .. 2a .. '\~, .. ~..#' ~0 ff 11, ~ 0 1111\\\\\\''" ~0 .::: 111 I> WA$'rl\ ~,.;;;- C:\Users\Dick\AppData\Local\ijfo!ICW\~\'(<.~··~rcmporary Internet filcs\ContcntlE5\VU4572MX\land use master app.doc -2 - PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS . , LAN~ IJSI: ~-'=~N'.IT ~UBMITTAL : REQUIREMENTS: Calculations 1 C9lc,red_.r.-fap;;;tor·Qi~pla)!;. Density Worksheet 4 Drainag,\ Control Plan 2 ·)·--·' ',. ·,', .·, -. :.· -, Drainage Report 2 Environmental Checklist 4 Existiiig ciiy~riarits (Record~d Copy) 4 .•• · Existing Easements (Recorded Copy) 4 Flocx:lH";Zard lJalfl 4 i•,·•· Floor Plans 3 AND, Habitat Data Report 4 lmprovernent Deferral2 Landscape Plan, Conceptual, Landscape Plan, Detailed 4 .•. Legal Description 4 Map of Existing Site Conditions 4 Master Application Form 4 Moi:iumEint Cards {on<i per 'f!Onument) 1 Neighborhood Detail Map 4 Parj<ing, Lotqov,\faf)e·& Lapdscapi11g Analysis 4 Plan Reductions (PMTs) 4 PostOffice Jl.pprovat~·-·· This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECTNAME: De.te1-di.10 Jo1..,_f iAse ?iir DA TE '.r /7., l.f I { it r r H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittalreqs.xls 06/09 .. PLANNING DIVISION WAIVER OF SU BM ITT AL REQUIREMENTS FOR LAND USE APPLICATIONS ·-·;LIANO yi;~J>~R~IT.!ll1BMITTA1../••, < i REQUIREMENTS: Plat Name Reservation 4 Screening Detail 4 sitef?la11,.1f.ill:iM .···• •·· Applicant Agreement Statement 2 AND, Inventory of Existing Sites 2 AND, Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND, Map of View Area , AND , Photosimulations 2 AND 3 This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: De-Cere,0to To1l.-f Use Pie-11· DATE -::;-/ 2-11 J 11 __ ,,_ __ ,.., -~------- H:\CED\Data\Forms-Templates\Self-He\p Handouts\Planning\waiverctsubmitta1reqs.xls 06/09 &'22/2014 Print From: Evan Wehr [mailto:evan@e esigninc.com] Sent: Friday, August 22, 2014 3:32 PM To: Vicki Gover Subject: DiCerchio Joint Use Pier (Pre-Application File No. 14-000858) Hi Vicki, Dnriog the pre-application for the DiCerchio joint use pier project you stated that you would like me to include with the application a narrative e:xplaining why a drainage control plan is not necessary. Per Renton Municipal Code section 4-6-030 E I. it appears it would not be required because the pier and canopy (871 square feet) are less than 2,000 square feet ofnew impervious surface listed in part a. ls there anything else I should address in the narrative regarding the drainage control plan or is that it? I did the pre-screening for the application with Kris Sorensen yesterday. Kris coIID11ented that you did not waive the conceptual grading plan on the waiverformhoweveryou did waive the detailed grading plan. This appears to have been an oversight as we are not proposing grading. Could you please confumif a conceptual grading plan is necessary? Thank you, evan wehr ecco design inc. mclritects 203 N 36th St. #201 Seattl~ WA 98103 206. 706.3937 eccodesigninc. com find us on F acebook & !:i2l!?z aboot:blank 212 8/22/2014 Print Subject: RE: DiCerchio Joint Use Pi-, (Pre-Application File No. 14-000858) From: To: Date: Hi Evan, Vicki Gro-.er (VGro-.er@Rentonwa.gov) e1o0n@eccodesigninc.com; Friday, August 22, 2014 4:03 PM It was an over sight for the grading plans. Of course, if you are not doing any grading then plans are not necessary. I apologize for that oversight. Your narrative will work great. I just need documentation of why a drainage report and plans are not part of the submittal package. So all is great!! Thanks. Vicki Grover, P .E. Civil Engineer II Plan Review Section City of Renton 1055 -S. Grady Way 6th floor Renton, WA 98057 Phone: (425) 430-7291 E-mail: vgrover@rentonwa.gov aboot:bl ank 1/2 PREAPPLICATION MEETING FOR DeCerchio Joint Use Pier Address: 4005 & 4011 Williams Ave N PRE 14-000858 CITY OF RENTON Department of Community & Economic Development Planning Division July 24, 2014 Contact Information: Planner: Kris Sorensen, 425.430.6593 Public Works Plan Reviewer: Vicki Grover, 425.430.7291 Fire Prevention Reviewer: Corey Thomas, 425.430. 7024 Building Department Reviewer: Craig Burnell, 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). Fire & Emergency Services Department DATE: TO: FROM: SUBJECT: No comments. MEMORANDUM 7/1/2014 12:00:00AM Kris Sorensen, Associate Planner Corey Thomas, Plan Review/Inspector (DeCerchio joint use residential dock preapplication) PRE14-D00858 Page lof 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT MEMORANDUM DATE: TO: FROM: SUBJECT:. July 24, 2014 Pre-Application File No. 14-000858 Kris Sorensen, Associate Planner DeCerchio Joint Use Pier 4005 & 4011 Williams Ave N General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers {e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or online at www.rentonwa.gov Project Proposal: The proposal is to construct a new 80-foot long joint use pier in the shape of an ell, with two free standing boat lifts for use by two abutting single family homes at 4005 and 4011 Williams Ave N. The pier would provide Lake Washington access for aquatic water dependent activities. Beginning landward, the first 40 feet of the proposed dock would be 4 feet wide; the next 40 feet would 6 feet in width; and the elbow to the southwest would be 26 feet in length at 6 feet in width. Proposed boat lifts would be located at the end of the pier, landward of the dock, and the other at the end of the first 80 feet of dock length on the northern side. Approximately 60 feet of the proposed dock, the proposed boatlifts and some pilings extend beyond the Renton city limits (Inner Harbor Line) into State Department of Natural Resources owned aquatic lands. The proposal location is within the Shoreline Master Program jurisdiction and there are steep slopes located on the southerly 4005 Williams Ave N parcel. For the shoreline program, the two residential parcels are covered by two Shoreline Master Program overlays, being the May Creek, Reach A, Urban Conservancy overlay and Lake Washington, Reach C, Shoreline High Intensity overlay. h:\ced\planning\current planning\preapps\14~000858.kris\prel4-0D0858 decericho joint use dock_rlO zone barbee mill.doc PRE-APP 14-000858 DeCerchio Joint Use Pier Page2of5 July 24, 2014 Zoning/Comprehensive Plan: The upland residential property was located within the Commercial/Office/Residential (COR) Zone when it was platted as a multi-family residential development known as Barbee Mill and is now within the Residential 10 Zone (R-10) and the Residential Medium Density designation in the Comprehensive Plan. Current Use: Two existing single family homes. Shoreline Master Program Regulations: The City of Renton Shoreline Master Program identifies Lake Washington and May Creek as Regulated Water Bodies as they are Shorelines of Statewide Significance. The specific location of the pier/moorage facility from the land is within the Lake Washington overlay and not the May Creek overlay area. The location where the moorage facility would be located is classified by the City of Renton as "Shoreline High Intensity Overlay District". Piers constructed for joint use by two or more waterfront property owners are permitted through a Shoreline Substantial Development Permit (RMC 4-9-190.B.3). Boat lifts are permitted as accessory to a residential dock, provided, that all lifts are placed as far waterward as feasible and safe; and platform lifts are fully grated. Development and design criteria for joint use docks and piers are specified in RMC 4-3- 090. These criteria include: • Subsection D.3 "Use Compatibility and Aesthetic Effects": Maximum stair and walkway widths, lighting requirements, and community disturbances. • Subsection D.5 "Building and Development Location": Location of development, lake study, and navigation and recreation by others. • Subsection E.7 "Piers and Docks": General criteria for approval, additional criteria for new residential docks, spacing for pilings, light penetrating surfaces, and minimization of nearshore impacts. o A joint use dock may be constructed for two contiguous waterfront properties and may be located on a side property line or straddling a side property line, common to both properties. o Joint use piers length, width, and other standards: Pier Standards Length Width Pilings Side Setbacks Minimums 80' from OHWM Dock and Max: 4 pilings, up to 12-No portion of a pier and max.1 or piers: 6 ft max. inch diameter installed or dock may lie closer Maximums minimum needed within 24 ft of a dock or than 5 ft to an Ells: 6 ft max. pier and out of the adjacent property nearshore area line and may not interfere with navigation Proposal 80' from OHWM 4 ft and 6 ft None shown, TBD Complies Complies Complies PRE-APP 14-000858 DeCercnlo Joint Use Pier Page 3 of 5 July 24, 2014 • Agreement: A joint use ownership agreement or covenant shall be prepared with the appropriate signatures of the property owners in question and recorded with the King County Assessor's Office. A copy of the recorded agreement shall be provided to the City. Such document should specify ownership rights and maintenance provisions. • State requirements: The State would be provided any approval by the City. Additionally, the applicant may need to work with DNR to receive approval of the use of the State owned land covered by water and provide the approval as part of a City land use application. • Minimization of Nearshore Impacts: In order to minimize impacts on nearshore areas and avoid reduction in ambient light level: (a) The width of piers, docks, and floats shall be the minimum necessary to serve the proposed use. (b) Ramps shall span as much of the nearshore as feasible. (c) Dock surfaces shall be designed to allow light penetration. (d) Lights shall avoid illuminating the water surface. Lighting facilities shall be limited to the minimum extent necessary to locate the pier or dock at night for docks serving residential uses. Lighting to serve water-dependent uses shall be the minimum required to accommodate the use and may not be used when the water-dependent aspects of the use are not in operation. NOTE: The proposed mooring pilings and boatlift{s) are outright permitted uses under the Shoreline Master Program following approval of a Substantial Development Permit. The project is considered accessory use to existing single family homes which are allowed within the underlying zone. Critical Areas: The pier project location is along Lake Washington which is a Shoreline of the State. Additionally, the two residential parcels part of the potential project are partly covered by the May Creek overlay, which is also considered a Shoreline of the State. The specific project location is outside of the May Creek overlay and within the Lake overlay. A Lake Study would need to be provided identifying "No Net Loss of Ecological Functions" with the shoreline permit application. Docks, piers, and mooring buoys, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. A required Habitat Study is also to be provided and can be part of the Lake Study. The southerly parcel, 4011 Williams Ave N contains steep slopes, including slopes 40 percent or greater around the southern area of the property. A geotechnical report would not be required as the project proposal would not impact the steep slopes. PRE-APP 14-000858 OeCerchlo Joint Use Pier Page4of S July 24, 2014 Environmental Review: The proposed project would be located on lands covered by water and is, therefore, subject to Environmental (SEPA) Review. The Barbee Mill Preliminary Plat Draft Environmental Impact Statement (Draft EIS), prepared by Parametrix, dated September 2003, has analyzed the impacts of up to 16 additional docks and identified the impacts which may result. Mitigation for these additional docks and piers was addressed by prohibiting docks and using mooring buoys or floats at a distance from near shore habitat, or a reduction in docks through shared moorage. Impacts on near-shore habitat can be reduced by narrower docks and materials that allow light penetration. The Barbee Mill Preliminary Plat Mitigation Document, prepared by the City of Renton, dated August 16, 2004 addresses the issue of private docks in Mitigation Measure D17 which states that "Either: a) Prohibit docks and require the use of mooring buoys or floats at a distance from near-shore habitat; OR b) Reduce the number of docks through shared moorage, AND THEN; c) Reduce shading impacts by narrower docks or use of construction materials that allow light penetration. Because the State Is not issuing any permits, the City would be the lead agency for environmental {SEPA} review. The proposed dock complies with the mitigation measure stated above in that it would be a shared or joint use moorage facility and would be fully grated which would allow light penetration. The proposed boatlifts would be freestanding and uncovered. Permit Requirements: A Shoreline Substantial Development Permit and Environmental Review would be required. It is the applicant's responsibility to obtain any necessary subsequent approvals by the Washington State Department of Ecology, Washington Department of Natural Resources, Washington Start Department of Fish and Wildlife and the U.S. Army Corps of Engineers. Upon issuance, the City would forward the Shoreline Substantial Development Permit to the Washington State Department of Ecology and the Attorney General. WAC 332-30-144 allows abutting residential owners to install private recreational docks without charge on state-owned aquatic lands. At this time the State Department of Natural Resources is not requiring use authorization or leases for such projects as long they satisfy other RCW and WAC criteria. Such criteria include conformance ta adopted shoreline master programs and other local ordinances. A submittal checklist, listing the items that must be included in the submittal packet to the City, is included in the pre-application meeting packet of information. The land use review process has an estimated timeline of 12 weeks to the conclusion of the appeal period. The permits are then sent on to the Department of Ecology. Fees: The following fees would be required upon submittal of application materials. In addition, a 3% Technology Fee is added to all land use applications. Following application and approvals of substantial development permit and environmental review, building permits would be required: Shoreline Substantial Development Permit $2,000.00 Environmental (SEPA) Review $1,000.00 PRE-APP 14-000858 OeCercnio JOint Use Pier Page 5 of 5 July 24, 2014 Note: When the formal application materials are complete, the applicant is strongly encouraged to have one copy of the application materials pre-screened at the 6th floor front counter prior to submitting the complete application package. Please call Kris Sorensen, Associate Planner at 425-430-6593 for an appointment. Expiration: Upon approval, the shoreline substantial development permit would be valid for two years with possible one year extension. _. J'E1tTH"z", .. ~:r,sr SE 1_ -,./ , ·( , / SF f/OT!i 51 ZONING MAP BOOK PP.IVA.TE·fi.l/ ---p .. .-,/ ~&.:/ l I , / > I / (" PLANNING -TECHNICAL SERVICES PRINTED DATE: 10/02/2013 ' This documelllisa gap hie repreH111.!tion, not 9"•frlloted lo SI.HWY 8e¢11"11e'(, an dis ba,ec! oo the best infOll!l.alionavailable all oflhe data shown. This ma:pis il'llooded !tr City d:splay llllfl!OSll&Ont,,, Community &. Economic Development i:; ~ ·a,;p-V'-Adriiw,o~ '"""''"'"'"' (.I;"""""' -------rr;·r~~ ~ rJ: _! ;~'.-- I ( I I I S{iE~) R-a · '" PRIVATE. RD " N'Ji/HPL -R-6 · -R-8 R-8 D3E 06 T23N RSE E 1/2 SIO I ''" C3E ----1:9,520 31T24N R5E E 112 Page 3 ol 30 City Limits D (CV) Center vm~e D {R·S) Residential 8du/ae CJ REHTON CJ ~HJ lndus.lrial He.ivy c:J (RC) Re&1111rel! Cal!Stirvalian Zoninll Designation CJ Pl) lndu&lri1I light c:J (A.M-F} Rauief111al M.Jlli.fanll)' D (CA) Ccm111111cial An«ral D ~M',l lnduslrial t.4ediurn D (RM-T) Resl. Mu!H$mil)' Trdl!ooa! D i,'CD) Cefflllf Downt:Jwn r:J !R·1] R89.idenijal 1au/ac D (RM-U) Resi. Mufti.Fa:nily lkt,111 Genier D (CN)COlmESt:ialNllighbmbood D !R·10J RbQntial 1Dmi/a: D (RMH) Residential l.!anu[a!.1\Jred Hom ea 0(CO)Comm11rc1lll0ffica D !R-14-)ReSldenhal 14d11Ja:: D (UC-m)UrbaiCooler Ncrth 1 c:J (COR) Commercial/Office/Residential D JR-4} Rl:!liidl:lflijal 4dulae c:J (UC-N2) Urb111 Cooler Nath 1 ~ :;: w "' --< >" z -;o 0, m :;: ~ ;::; Project Narrative DiCerchio Pier The proposed project is to install a new joint use pier with two boat lifts, one translucent canopy, and two mooring piles for the properties located at 4005 and 4011 Williams Avenue North in Renton Washington. A shoreline substantial development permit and environmental review are required from the City of Renton. The project site and adjacent properties are zoned as Residential !Odu/ac (R-10). The project site is on the shoreline of Lake Washington and is approximately 175' from May Creek. A portion of the shoreline is armored with a concrete and steel bulkhead while the remaining portion is armored with a rock bulkhead. Richard DiCerchio is the owner of the property at 4005 Williams Avenue North. 4011 Williams Avenue North is currently owned by Barbee Mill Waterfront LLC. Both properties are single family residential lots that have existing single family houses. The proposed pier will be 400 square feet in area and will be fully grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel piles, and two IO" diameter steel piles will be driven by a barge-mounted vibratory pile driving system to support the pier. Two 3" diameter steel pin piles will be driven on land to support the landward section of the pier. Also two 12" diameter steel mooring piles will be driven. Two free standing boat lifts will be installed at the pier. A single 10.5' by 30' translucent boat canopy will be installed on the boat lift to be located at 4005 Williams Ave North. A dock ladder will be installed at the end of the pier. The estimated fair market value of the project is $100,000. A geotechnical report will be submitted with the building permit application. Per Renton Municipal Code section 4-6- 030 E. 1. a. a drainage control plan is not necessary because the area of the pier and canopy is 715 square feet which is less than the 2,000 square foot threshold. There is an existing concrete stair walkway that ends where the pier will connect to land. Twenty- two native shrubs will be planted along the shoreline. Construction Mitigation Description DiCerchio Pier Construction Dates : The date of construction will depend on when the necessary government approvals for the lift are issued. Construction of the pier and the installion of the boat lifts and canopy will only take approximately two weeks to complete. The in water work window at the site is open from July l61h through December 31 ". The work will be completed during the work window opening in either December 2014 or July 2015. Hours and Days of Operation: The work will take place during the City ofRenton's typical hours of construction which are 7:00 am through I 0:00 pm Monday through Friday and 9:00 am through 10:00 pm Saturday and Sunday. Proposed Hauling/Transportation Routes: The materials will be brought to the site by a barge by way of Lake Washington. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics: Work will take place only during allowed hours of operation. Erosion will not be caused by the project. There will be elevated levels of noise from construction during the installation of the piles. Special Hours Proposed for Construction: No special hours are proposed for construction. Preliminary Traffic Control Plan: Traffic control is not necessary for the project. LAKE WASHINGTON SITE ' \ \ ~--. NEIGHBORHOOD DETAIL MAP SCALE 1" = 200' 0 500 FT Renton N 40TH ST ======,m • 0 "' .... m "O r > z :§jJ ,~'., '·' \\ \:'·\, \, \, ' . ;;) m r m < > .... __ ---=i)c====±, --I 0 z < m ::;; -\ ---1 RICHARD DICERCHIO JOINT USE PIER i ii ' ' I \ \ ecco )01 ti ](>t• \0 StlltP i~I ',eatlle WI, YSIU) 1n,, 10,, J<>J; :-[ ~ [' C - ("') m :::0 ("') - 0 ""C -m :::0 ' l,l ·,s' ~ r, , ,., , 1 > N • 0 f : ~ • ~ " " z "D .... > z < m :e ' -- 1 ~ 0 ~~~ r~~ r f,~~ ~ ~~ ~i u~; ,:lli nn ~~ i~~~ ,o,; ~~ zS~i i@I ~ ·----- --.,,_.,. ----------"i\: {7, I -..._ ·, / L~~>----'c ---_-_---/ -~j ~ r > z " z " ~ r > z I -/~ @ .i !l ,. ,, '! I, ij \ !I \ §~ ', ! \ \ \ \ \ I \ ecco / / , , , ml N loth>1 suu,-io, se,ttle. WI. 9810) 10/, 706391/ ,: .T,: '..-, .·. --.. · , , , / ,.~, ,,., sr:r J, Drr,·, CL~ N Design Standards Joint Use and Community Docks Code sections are listed in bold and project information is listed below each code section in plain text. WHEN ALLOWED A joint use dock may be constructed for two (2) or more contiguous waterfront properties and may be located on a side property line, or straddling a side property line, common to both properties or be provided with an access easement for all lots served. Joint use docks or piers serving more than four (4) residences shall be regulated as marinas. The pier will be between two contiguous waterfront properties. The pier will straddle a side property line common to both properties. LENGTH -MAXIMUM Docks and Piers -Minimum needed to provide moorage for the single family residences or community being served. Maximum: 80 ft. from OHWM. The proposed dock will be 80 feet in length. Ells and Fingers -26 feet. The proposed ell is 26 feet in length. WIDTH -MAXIMUM Docks and Piers. -6 feet. The pier walkway will be 4 feet wide for the first 40 feet from the shore and will be 6 feet wide from 40 feet to 80 feet from shore. Ells -6 feet. The proposed ell will be 6 feet in width. 1 PILINGS -MAXIMUMS Mooring Piles -Four piles, up to 12 inches in diameter, installed within 24 feet of a dock or pier and out of the nearshore area. The proposed two mooring piles will be 12 inches in diameter, installed 13' away from the pier, and will be 60' away from the ordinary high water mark outside of the nearshore area. SETBACKS -MINIMUMS Side Setback-No portion of a pier or dock may lie closer than 5 feet to an adjacent property line and may not interfere with navigation. The proposed pier will be 38' away from the adjacent property line and will not interfere with navigation. 20101004002608.010 Section 4.6: Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue 10 exist and remain as a personal obligation of the Owner against whom the same was levied, and the Organization shall use reasonable effons to collect the same from such Owner. Section 4.7: Subordination of Assessment Liens. 1be liens for assessments provided for in this Declaration shall be subordinate to the lien of any Mortgage or other security interest placed upon a Loi as a construction loan security interest or as a purchase money security interest, or refinancing thereof and the Organization will, upon demand, execute a written subordination document to confirm the particular superior security interest. The sale or transfer of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completioo of foreclosure (excluding the el<piration date of any period of redemption). ARTICLES· BUILDING AND LAND USE RESTRICTIONS Section 5.1: Improvements. No Lot, dwelling, residence, outbuilding, fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other structure or other improvement shall be e!tlCted, altered, placed or maintained on any Lot unless ii shall comply with the following: (a) Prior to placing any such structure or making such improvement on the Lot, the plans and specifications for the structure or improvement and a request for approval shall be submitted to and approved by the Architectural Control Committee (''Committee'') as provided in Article 6. When constructed or placed on the Lot, the structure or improvement shall substantially conform to the plans and specifications approved by the Committee. This provision shall not apply to the Declarant until all homes arc initially sold and occupied. (b) Prior to making any change or alteration to the external appearance of any existing improvement on a Lot, plans and specifications for the alteration and change shall be submitted to and approved by the Committee as provided in Article 6. When made, the changes or alteration shall substantially conform to the plans and specifications as approved by the Committee. This provision shall not apply to the Declarant until all homes are initially sold and occupied. (c) Once started, the work of constructing, altering, repairing, or reconsbucting any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed and finished within six months after the work first commences. In the case of landscaping improvements or modifications, the work shall be completed within two months after the work first commences. 9 l>WT lll044S2vl l 00361113-000004 20101004002608.011 (d) All buildings and improvements on a Lot shall be of permanent construction, and no temporary sllUcture, trailer, mobile home, tent, gllnlgC, owbuilding or other similaa, device shall be p~ on any Lot, except with the permission of the Committee. This provisiQll shall not apply to the Declarant during the Development Period. (e) Lots shall be used solely for residential purposes and related facilities nomially incidental to a residential community. No building shall be eiected, altered, placed or permitted to remain on any Lot except for one ( I) single family dwelling and any permined ~ry building. (f) Accessory buildingS which are app11nenant to the use of an existing pe11manent residential building may be permilled on a Lot Permitted accessory buildings may ,include playhousea, tool sheds, doghouses, and gazebos. No permitted accessory building !jha.11 be placed no a Lot unless the plans for the accessory building have been first approved as to the design and location on the Lot by the Committee. The Conuniuee may refuse to approve a permitted uccessory building if, in the exen;ise of the discretion of the Comminee, the structure detracts from the general visual appearance of the neighborhood or other homes. The location of a permined accessory building shall be located where ii minimizes the visual impact Bild. as a general guideline, shall be in the rear yard or side yard behind the front of the houst:. The Comminee shall not be bound by the guidelines, but may exercise its discretion in that respect. The Committee may require visual screening of accessory buildings from adjacCJ)t Lots. Accessory buildings shall not be easily visible from any street. (g) All structures and improvements shall comply with the provisions of the applicable Building Code, as amended from time to time, relating to setback requ~ments; provided that nOlhing herein shall require removal of a building which was originally placed in confonnity with such Building Code because of change in the Building Code. The Applicant is responsible for procuring all necessary permits. (h) No exterior aerials, antennas, microwave receivers or satellite dishes for te)evision or other purposes shall be permitted on any Lot exoept as follows: The Committee will not require prior approval as to placement and screening from residents who wish to install satellite dishes in accoldance with current FCC rulings (which currently exempt dishes I meter or less in diameter from Association approval as of the date of adoption f this Amended Declaration). The Committee rccognizcs the need to locate these dishes in a place that will allow the best 111CCption possible, however, residents are encouraged to consider aesthetics as well. Residents chopsing to install satellite dishes measuring Jaiger than the diameter exempted by FCC regulations are required to obtain approval from the Commincc prior to installation. (i) All mai !boxes are to be of uniform design as approved by the Committee. G) Owneis of fences shall be oblisated to repair and maintain such fences so that they are structurally sound and in attractive appearance. Owners of ft:nccs shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the 10 20101004002608.012 owner seeking to exen:ise this right of entry shall give two weelcs written notice to the owner of the adjoining property and further provided that no damage to adjoining propeny shall be permitted and the adjoining propeny shall be restored to a condition reasonably equivalCJ1t to its condition prior to such entry as soon as such mainlenance or repair work is completed. Section 5.2: Animals. No animals, livestock or poultry of any kind shall be raiseil, bred, or kept on any Lot except that usual household pets such as dogs, cats and small birds imay be kept, provided that Ibey an: not kept, bred or maintained for commercial purposes, and t1iat they do not unreasonably interfere with the use and enjoyment of any pan of the Plat Section 5.3: Nuisances. No Lot shall be used or maintained as a dumping gr®nd for rubbish; and trash, garbage, or other waste shall not be kept except in sanitary containers or composting an:as. Equipment for the stonige or disposal of such material shall be kept in, a clean and sanitary condition and out of sight Noching shall be done on a Lot which may become a nuisance to the neighborhood. Section 5,4: Bµsjnesses. No trade, craft, business, profession, manufa,cruring, commen:ial enterprise or commercial activity of any kind shall be conducted or carried CDn upon any Lot or within any building located within the Plat unless it is aulhorized by and is in compliance with local land use ordinances and does not interfere with lhe quiet and peaceful use and enjoyment of any part of the Plat. For purposes of this Section, kinterference" will be assumed to exist if ( I) evidence of said use is visible from the street or adjacent Lots, (2) the use causes an increase in the noise level in the surrounding area, or (3) the use increases traffii: above usual residential volumes. No signs for such businesses shall be permitted. Section 5.5: Storage. No goods, materials, supplies or equipment, and no boats, trucks, lllOlorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in the Plat. Upon 48 hours notice to the Owner of the Lot, the Organiiation has the authority to have removed at the Owner's expense any improperly stored or parlccd vehicle, boat, 11r other equipment During the Development Period, the Declarant may store equipment and tuilding materials and maintain temporary trash storage sites within the Plat. The restrictions contained in this Section shall not exclude the temporary parking of automobiles on the designated driveway an:as adjacent to garages on the Lots. Section 5.6: Construction and Sale Period. So long as Declarant owns any propeny in the Plat for development and/or sale, the restrictions set fonh in this Article 5 shall not bc,applicd or interpreted so as to prevent, hinder, or interfere wilh development, construction or sales activities of Declarant or any builder or developer approved by lhe Declarant. Section 5.7: ~-Owners of Lots which have frontage on Lake Washington shall have the right to apply for permits for the construction of joint use docks (a joint use dpek is a single dock serving two adjoining lots, typically located straddling the common propeny line between the two lots). II DWT 180445M I 00361a3-000004 20101004002608.013 (a) Owners shall be responsible for obtaining all necessary penniis for lhe conslruction and maintenance of such docks and for construction of such docks in compliance with applicable regulatory requimmcnts. Declarant does not, in any way, guarantee thl\l docks will be permitted or that any particular dock design will be approvablc since applicable government regulations change from time to lime and are beyond Declarant's control. All docks shall be designed, constructed and maintained in a manner so as not to alter or imi,act the remediation trench (or Passive Attenuation Z.One) described in Article 5A, nor interfere with the access or sampling rights referenced in Subsection 5.7(d) below. (b) All Lots with frontage on Lake Washington shall be subject to an easement on their common property lines which allows lhe construction and use of a joint use dock with the adjoining Owner. The width and length of that easement shall be the area in which a dock is allowed pursuant to the rules and regulations of governmental agencies with jurisdiction over the construction of a dock at the time permit applications for a dock are submitted. In cases where both Owners of a joint use dock agree to construct and use a dGICk, the Owners shall share equally in all COSIS, including but not limited to design. permitting, construction and maintenance, unless the two Owners agree otherwise in writing. In cases where one Owner desires to construct a dock but !he olher Owner does not, the Owner desiring to build the dock shall bear all costs, including but not limited to design, pemtltting. construc~on and maintenance, providing the other owner may not use the dock (even though a portion of the dock is on their property) until such time as the non-participating Owner reimburses the participating owner for fifty percent (50%) of the cost of design, pennitting, construction and maintenance, adjusted for inflation. In the event of dispute regarding the amount of such reimbursement or any other issue regarding the construction, maintenance, repair or use of a common dock, the dispute shall be submitted to the Architectural Conuol Committee for review and a cb:ision. The Committee's decision shall be final and binding on all parties. (c) The Organization shall have the right to adopt Rules and Regulations rqgarding the design of docks, the size, shape aod other features of the dock, the maintenaoce of docks, and all other aspects of dock ownership and use. (d) Barbee Mill Co., Inc. ("Barbee") and iis consultants and contractors shall be provided with access to perform sampling in the tidelands as necessary to evaluate the effectiveness of the Remedial Action or to perform work pursuant to any Agreed Order and/or Consent Decree, as discussed more fully in Article SA. Barbee shall have the right to access the sediment in the vicinity of any dock for purposes of sampling. Section 5.8: Lakefront Buffer. (a) The City of Renton has required that a permanent fifty foot (50') wide buffer be provided along the shore of Laite Washington. On some lots this buffer is less than fifty feet (50') and on olhers it is larger such that the average along the entire lake shore is fifty feet (50'). These variances have been specified as part of a buffer averaging plan approved by the Qity. The 12 OWT l~l•I I 0036113-0000lM 20101004002608.014 buffer width on each lot is set on the recorded plat and cannot be reduced. The first thirty five feet (35') of buffer adjacent to Lake Washington is required to be planted in native species in accordance with a buffer landscape plan approved by the City. The remainder of the buffer which varies from lot to lot may contain "managed'' landscaping but may not contain sli'Uctures other than patio surfaces, garden retaining walls and other such garden improvements that may be approved by the City. · (b) The first thiny-five feet (35') of buffer adjacent to the lake as measured from the Ordinary High Water Marie is subject to an easement allowing: (i) the Organization to enrer this area for the purpose of inspecting, maintaining, irrigating and repairing this buffer and associated vegetation, and (ii) Borbee to enrer this area for the purpose of providing access to 811d from certain monitoring well locations. Lot Owners shall not be allowed to remove or trim !hi: native vegetation or to plant anything in this area, except with prior written approval horn the Archilectural Control Commitree and, as applicable, the City of Renton. (c) Access through the thirty-five foot (35') native species buffer lo the lake shore or dock shall be limited to a joint use walkway that is constructed on or near the joint property line of homes that arc attached to each other. An casement five feet in width shall be provided on either side of said portion of the property line for this pwpose. The walkway will be coi,i;liUcted by the builder as part of the initial home and buffer landscaping. Sectjon 5.9: Landscaping and Landscapmg Mainrenance. (a) The Declarant will be responsible for initial installation of all in-ground landscaping and irrigation systems in both the Common Areas and on Lots. The Organization will be responsible for the maintenance including irrigation of all Tracts (Tracts A through I and L through P) and the 35 foot buffer easement adjacent to Lake Washington. In addition the Organization will maintain the front yard landscaping of all Lots. All Lots are subject to a permanent easement allowing the Organization access to the Lots for this purpose. Lot Owners shall be responsible for irrigating their front and rear yards and landscape maintcnance of their rear yards. (b) Lot Owners will be allowed to personalize their in-ground landscaping, s11bject to prior review and written approval of the An:bitectural Control Committee. The 01'g8'1ization shall establish Rules and Regulations for both a process for requesting such approvals and design guidelines for Owners who wish to make such changes to their landscaping. The Committee shall, in reviewing such applications, consider the impact of the proposed changes on the overall aesthetic appearance of the community, view blockage issues, compatibility wiltl other landscaping on the Lot and nearby Lots and Common Areas. The Committee may impose limitations on such landscaping, including but not limited to restrictions related to size, mature height and width, and shade and shadow creation. Section S. I 0: Maintenance of Homes. 13 DWT II04l)M I 00361113--000004 20101004002608.015 (a) All Lots and homes, including any associated improvements, shall be majntained in a clean and attractive manner consistent with the overall appearance and quality of the.Barbee Mill community. All homes and Olher improvements shall be painted and Olbeiwise maintained in the same colors and with the same eJCterior finishes as the original construction. unless Olherwise approved in writing by the Architectural Control Committee. The obUgations established by this section shall include an obligation to keep all eJCterior meas of Lots clear of debris, stored items and unsightly accumulations of materials of any kind which detract from the general appearance of the community. The An:hitectural Control Committee s!iall be responsible for detennining whether any individual Lot or home is being maintained in compliance with lhe standards in this Section: (b} All of the homes on the Lots share certain physical improvements with an adjoining home, including but not limited to shared roofs, exterior walls and other featules. The following rules regarding maintenance and repair shall apply to such homes. 1. Bach Lot Owner shall be solely responsible for maintenance and rq,air of all building components which are not shared with the adjoining lot. This shall include minor repairs to roof or siding that can be accomplished without involving the other party. 2. Both Lot Owaers shall be jointly responsible for maintenance an~ repair of all shared building components, provided: (i) If maintenance or repair is required as the result of the netligencc or intentional misconduct of an Owner, their guests, invitees or other agents, that Owner shall be responsible for all associated costs of maintenance and repair. (ii) If one Owner believes thul maintenance and repair, other than minor touchup painting and the like, is required or prudent, that Owner shall con~t the adjoining Owner and seek that Owner's mutual consent to the proposed worlt. (c) The Organization may adopt Rules and Regulations regarding repainting, schedules for routine maintenance and all other aspects of the repair and maintenance of all homes in the community. including components which are the responsibility of individual Owners. (d) In the event of any dispute between Owners regarding issues about whelher any particular building component is a shared component subject to subsection 5.1 O(b ), rwhether maintenance or repair is necessary or prudenl, the costs of such work, or any other issue relaled to the application of this Section, the dispute shall be submitted to the An:hitectural Control Committee for review and a decision. The Committee's decision shall be fmal and binding on all parties. Section s, 11; Clubhouse. Common Areas and Common Area Improvements. 14 DWr IS04452YI I 00361&3-000004 20101004002808.016 (a) A clubhouse is located on Tract E in the Common Area. The Clubhouse and Tract E shall be maintained by the Organization. (b) The Organization shall have the right to construct, maintain and n:priir, and regulate security gates and fences around the Common Areas and amenities. (c) The Organization shall have the right to regulate the use of all parlci~ areas associated with Common Areas, including but not limited to the imposition of time limits on parking. (d) The Organization shall adopt Rules and Regulations regarding the use of the aubhouse and Tract E, as well as other Common Areas and amenities in those Common Areas, including imposition of fees for uses, rental of the facility for use by Owners or otiiers for various pwposes, revocation of use privileges for non-payment of assessments and/or misuse of the Common Areas, including the clubhouse, and all other aspects of the maintenance, use and operation of the clubhouse. Section 5.12: ~-Fences are not permitted on any perimeter of any Lot, othl:lr than a perimeter fence installed by the Declarant, without the prior written approval of the Arc~un1l Control Committee. Decorative iron or aluminum fences will be pennitted to separate lhe two llhared yards of paired homes. Such fences are subject to approval of the Committee and it is generally expected that a hedge or other similar plantings will accompany such a fence. Section 5.13: Easement Agreement <Lot l 15 and Harbor Area}. The Organizatipn shall assume and be responsible for all duties and obligations of the "Grantor" under Sectio~ of that certain Easement Agreement (Lot 115 and Harbor Area) recorded on September 29, 2 under King County Auditor's File No. 20060929003429 (the MHarbor Area Easement'') to the extent arising from and after recording of the Declaration, and the Organization shall sucl:CCII to the interests of such Grantor under Section 5 regarding the dredging of the Tract A Open Space (as such term is defined in the Harbor Area Easement), including all rights of such Grantor thereunder. Notwithstanding any other provision in this Declaration to the contrary, neither Lot I IS nor the Owner of Lot 115 shall be subject to any assessment or special assessment that may be levied or imposed by the Organization for purposes of funding dredging COSlS under Section 5 of the Hamor Aiea Easement. Scctioo 5.14: Cenain Restrictions Not Applicable to Lot 115. Notwithstanding anything set forth to the contrary in this Article 5 or tbe Declaration: (a) the Owner of Lot 115 may use such Lot for any lawful purpose (including a boathouse, dock and vehicle parking s~es) and shall not be bound by the restrictions or requirements set forth in Section 5.1 (a), (b), (c;) or (t), Section 5.7 or Section 5.8(a) or (b); (b) the Owner of Lot 115 shall have the right to repair, remodel or replace the existing boathouse and related improvements located on Lot I IS; at such Owner's discretion; and (c) permitted uses on Lot 115 shall include the existing osprey nest pole, platform and nest and any n:placements and modifications. 15 DWT IB04452vl I 0036183,(JQ(Ql)l 20101004002608.017 ARTICLE SA • SPECIAL ACCESS RIGHTS Section SA.I: Remedial Action. Barbee Forest Products, Inc:., a Washington corppration and Barbee Mill Co., Inc., a W asbington corporation, the prior owners of the Propeny ("Barbee") have conducted and are conducting a remedial action under the Model Toxics Control Act ("MTCA ") on the Plat which is subject to this Declaration. The remedial aetion is described in an Independent Remedial Action Plan (Hart Crowser, September 6, 20C,0), an Independent Remedial Action Plan Addendum (Aspect Consulting, 2006), a Construction IRepon -Passive Attenuation Zone, Arsenic Remediation (Aspect Consulting, October 5, 2007) and related documents, which are on file with the Washington State Depanment of Eoology's ("Ecology's") Northwest Regional Office as well as future Agreed Orders and/or <Ion sent Decrees that may require future remedial work (collectively, the "Remedial Action"). ~ecause the Remedial Action resulted in residual concentrations of arsenic and may have resllited in residual concentrations of zinc and petroleum hydrocarbons (the "Residual Cootamiqation") which exceed the MTCA Method B Residual Cleanup Level for groundwater establishea under WAC 173-340-720, a restrictive covenant limiting cenain activities which may a~t the groundwater and the remediation plan shall be n:corded against the Plat prior to the con\jeyance of any l..ol. Section SA.2: Access Rjghts. Barbee, and Bmbee' s contractors and consultants (hereafter n:ferred to in this Section SA.2 collec:tively as the "Barbee Parties" or individually as a "Barbee Pany") shall have the right to acc:ess the Common Areas and Tracts from time to1time to perform, complete and monitor the Remedial Action as necessary to: (a) improve, mai~n. test and otherwise operate, repair and n:move existing and new groundwater monitoring and extraction wells and to improve, install, maintain, repair, replace, operate and remi,ve the groundwater treatment systems required to complete the Remedial Action, inclut1ing all associated fixtures and equipment (collectively the "Treatment System"); and (b) conc!Uct any and all other environmental testing, monitoring and/or remediation operations on, und¢r, over and across the Common Areas and Tracts in the event any such additional testing, mcmitorlng lllld/or remediation operations relating to the soil or groundwater beneath the Common ~ and Tracts are required by the applicable n:gulatory agencies and any removal or decommi$1ionlng of the Treatment System. l!cology shall have the right of access to said areas as provided by Chapter 70.1050 RCW and Chapter 173-340 WAC (and any amendments thereto) .regarding Site remediation and monitoring, and as otherwise provided by and pursuant to law. Nothing in Ibis Declaration shall limit l!cology's ability to access property pursuant to the EnvirQ1lmental Covenant n:corded against the Plat. The Barbee Parties shall have a limited right of access to the Lots for purposes of performing, completing and monitoring the Remedial Action to the extent required by an :Agreed Order or Consent Decree pursuant to MTCA. If such limited right of access is exercised, Barbee shall restore any landscaping or other improvements located on a Lot which are damaged, removed or otherwise altered by reason of the exen:ise of this access right to a c,pndition reasonably comparable to that which existed prior to the exercise of the right of access, In the exercise of this access right, no Bmbee Party is authorized to take any action that will tcsult in 16 DWT III044:12YI I <JD,161~ 20101004002608.018 any liens being filed against a Lot, and Barbee agrees to indenmify, defend and hold harm!ess the Lot Owner rrom and against any such liens to the extent arising from or relating to any iBarbec Party's exercise of this right of access. In the event that a lien is filed against a Lot as lhe result of a Barbec Party's activities pursuant to Ibis right of acccss,.Barbec shall, promptly after1receipt of notice thereof, take all reasonable steps necessary to remove such lien and to protect tbe Lot Owner against liability resulting therefrom. F.cology shall have the right of access to said areas as provided by Chapter 70.IOSD RCW and Chapter 173-340 WAC (and any amentlments thereto) regarding Site remediation and monitoring, and as otherwise provided by and pursuant to law. Section 5A.3: System Locatjon. The Remedial Action is being conducted in pan,on and beneath the Common Areas and Tracts, and the Treatment System installed at lhe Plat as described in the Environmental Covenant recorded under King County Reconliljg No. 20080606001208. Scctjon SA.4: Non Interference with Remedial Aclion: Repair. The Treatment System shall not be removed or altemi wilhout prior written approval from Barbee in each il)stance, which shall not be unreasonably wilhhcld. Removal or alteration of any ponion of tbe T~t System may also require approval by Ecology and/or any other regulatory agen<lJ with jurisdiction over the Remedial Action. Prohibited alterations include but are not linaited to changes to the Treatment System or the nearby area in a manner that disrupts opera!ions Of' monitoring, prevents installation or reduces efficiency or effectiveness of the Treatment $ystem, including installation or construction of any structure, planting, or material, or allowing, conducting or permitting any activity, that unreasonably interferes with or significantly ir!creases the cost of implementing the Remedial Action. Promptly after teaming tberepf, the Organiution, Declanmt and/or any Owner shall notify Barbee and Ecology in writing; of any material actions planned or in progress that could impact the Treatment Systems inlcluding unintentional acts, accidents, or naturally caused damages. An Owner or the Organizatio11, as the case may be, shall be responsible for the cost of repair or replacement of any portion of the Treatment System !hat is removed or altered by such Owner or by the Organization wi~out lhe prior written approval of Barbee. In general what this means is that there shall be no interference with lhc wells, piping, equipment, or other physical components of the remedial action that have been installed as shown on the exhibit in Section SA.3 above or will be installed in the fu!ure and !hat no one shall disturb the ground below the top of the remediation trench (refened 19 as the Passive Attenuation Zone on Exhibit "A"). The top of the remediation trench is located al)ove lhe Lake Washington Ordinary High Water Marlc of 18.67 feet NAVD83 at an app!'l)ximate elevation between 19 .5 and 21.4 feet NA VD83. Section 5A5: Access: Notice. Barbee, and its conttactors and consultants, shall be permitted to conduct the Remedial Action and shall be provided reasonable access to the Common Area and Tracts. The Organization, Dcclarant 1111d the Owners shall coope111te with Barbee in Barbee's undertaking and completing tbe Remedial Action. If requested by the Organization, Barbee shall provide the Organization with reasonable prior notice of any IJllanned entry onto the Common Areas or Tracts by Barbee, its contractors oc consultants pursuant to this 17 DWT 1804452¥11 0036183-000004 20101004002608.019 Section SA. Barbee shall provide reasonable prior notice to affected Lot Owners if1Barbee intends to exe.n:ise the limited right of access to Lots provided in Section SA.2. Section 5A.6: Water Quality Pond I jner. The Plat includes a stormwater water, quality pond located on Tract F wilhin the Plat approximately where depicted on Exhibit "A" 4ttached hemo (the "Water Quality Pond''). The Water Quality Pond has a liner installed tbereioiwith an expected life of 100 years which is designed to prevent the discharge of site groundwater1 up into the Water Quality Pond. During the Development Period, Declarant shall be responsible for completing Water Quality Pond construction and performing maintenance, repair and replacement of the Water Quality Pond liner, at Declarant's cost and expense. Following expiration of the Developmcnt Period, the Organization shall be responsible for main~ance. repair and replacement of the liner within the Water Quality Pond, at the Organization's cjost and expense. If Barbee believes, in good faith and based on credible evidence, that tlMI Water Quality Polld has not been constructed as requin:d by Ecology or if liner is not being properly maintained or repaired or requires replacement, Barbee shall have the right, at its el~tion, to undertake and complete such COIISlrUction, maintenance, repair or replacement activi~ as it deems reasonably necessary and appropriate after first providing at least thirty (30) dal,'s prior written notice of its intent to the Declarant (during the Development Period) or the Orgajlization (following expiration of the Development Period). If Ecology requires cons11ruction, maintenance, repair or replacement of the Water Quality Pond or liner within a time fr$ne that does not allow the full thirty (30) days notice, B8lbec shall provide notice but shall have~ right to undertake and complete such construction, maintenance, repair or replacement as req1'ired by Ecology without providing the full thirty (30) days notice. If the Dcclarant or the Orgaqization, as applicable, fails to commence such construction, maintenance, repair or replacemeia of the Water Quality Pond or liner within such thirty (30) day period or ten (10) days before ihe date required by F.cology, whichever Is sooner, then Barbee may proceed to complete suqh work itself, in accordance with the requirements set forth herein, and all costs and expenses ~ly incurred by Barbee in connection with such work shall be reimbursed to it by the Decf,arant or the Organization, as applicable, within twenty (20) days following delivery of written invoices therefor. Amounts not paid when due hereunder to Barbee shall bear interest at the rate of twelve percent (12%) per annum from the due date tluough the date of paymcnt. The Water Quality Pond shall be constructed and the liner shall be maintained, repaired and replaced in accordance with the design and specifications approved by the Declarant, prepared by Otak Engineering, dated as of January 30, 2007. All work relating to the Water Quality Pond and liner was and shall be undenakcn and completed by qualified and cxperiena:d cootracl):ia and consullllnts. Ecology shall have such rights to undertake, at its election, the aforellllflltioned repair or replacement activities as provided by Chapter 70.1050 RCW and Chapter 173-340 WAC (and any amendments thereto) regarding Site remediation and monitoring, and as otherwise provided by and pursuant to Jaw. Reimbursement of remedial action costs for such activities as described herein which are Incurred by &ology shall, at Ecology's election, accrue interest as set forth in WAC 173-340-550 (and any amendments thereto), and as otherwise provided by and pursuant to law. 18 DWTIII04452YIIOOJ6183.oooD04 20101004002608.020 Section 5A7: Miscellaneous. Neither the Organization, Dcclarant nor any Owner may impose any type of monetary penalties, fines, or fees against Barbee as long as Bl$Ibee is lawfully performing the Remedial Action and exen:ising its rights under this Article 5,N In no event shall Barbee be liable for any claims for special, indirect or consequential <14mages, including but not limited to claims for loss of use, rents, anticipated profit, business opP?rtunlty or business interruption associated with the Remedial Action. Each Owner and the Orgaijlization releases Barbee, its affiliates and Declarant from all liability associated with or arising from the Residual Contmnination or the Remedial Action to the extent it is properly conducted by ~- Notwithstanding the provisions in Article 11 (Amendment and Revocation) to the CODlrfU'Y, the provisions of Article 5. 7(d) and this Article 5A shall only be amended by an instrument executed and approved by Barbee. ARTICLE 6 • ARCHITECTURAL CONTROL Section 6.1: The Committee. The Boacd shall designate the Committee herein referred to. The address of the Committee shall be the registered office of the Organization. Section 6.2: Submjssjon of Plans. Prior to construction, all plans and specific8fions or information required to be submitted to the Committee for approvals shall be submitted ~y mail to the address of the Committee in duplicate, shall be in writing, shall contain a written trequest for approval and the name and address of the person submiuing the same and the Loi iqvolved, and shall set forth the following with respect to a proposed structure: The locatio~ of the structure upon the Lot, the elevation of the structure with reference to the existing and finished lot grade, the general design, the interior layout, the exterior finish materials and color if1cluding roof materials, the landscape plan, and such other information as may be required to dCjlermine whether such strucwre conforms with the rmrictions established by the Governing Ooquments and any Community Regulations adopted by the Organization. The Committee may I require applicants to notify adjacent Lot Owners of their request for approval. Section 6.3: Standard~. The Committee shall have the authority to determine and establish standards involving aesthetic considerations of harmony of construction aJ¥1 color which it detemtines to be in the best interest of providing for attractive development of ,iie Plat, which authority shall include but not be limited to determining the height, configuration1 design and appearance of the home, fences, walls, oulbuildings, pools, and other structures and improvements appurtenanc to the use of the Lot. Such determinations shall be binding on all persons having any interest in the Lot. Owners shall be responsible for infonning conlractors, agents and others working on lhe Lot of the standards and conditions of all approvals i51>ued by the Committee and shall be responsible for correcting any violations of any and all viohjtions of those standards and conditions. Section 6.4: Approval or Disapproval Process. Within 30 days after the receipt pf plans and specifications or information with a request for approval, the Committee shall by ~jority vote approve or disapprove the request. The Commincc may disapprove any request whiph in its opinion does not conform to the Governing Documents and any Community Regulations iadopted 19 owr 18044S2YI I 0036)83-000004 20101004002608.021 by the Organization or its aesthetic or other adopted standards. Approval or disapproi,al of a request shall be made upon one of the copies thereof and returned to the address showq on the requesL If the Committee fails to approve or disapprove submitted plans and spcci$cations within 30 days after the plans and specifications have been submitted, which submission ISball be evidenced by a written receipt for said plans and specifications, approval will not be 'r'luired, nnd this Section will be deemed to have been fully complied with. In this event, any sueh plans and specifications shall nevertheless be in compliance with all the restrictions containel:i in the Governing Documents and any Community Regulations adopted by the Organization. Section 6.5: Advisors. The Comminee may appoint $dvisors or advisory coi,nuttees from time to time to advise on matters penaining to the Plat. No person on the Comniiinee or acting for it shall be responsible for any defect in any plan or specification submitted or approved nor for any defect in any plan or specification submitted or approved nor for any defec:J in any work done according to such plans and specifications. Sectjon 6.6: Variations. The Committee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome praclical difficulties or prevent hardships in the application of these restrictions; provided tlJat such variations so approved shall not be materially injurious to the improvements of other lfots and shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the plllJlOSCs and intent of these restrictions. ARTICLE 7 -COMMON AREAS AND MAINTENANCE Section 7.1: Title JO Common Awl• The Common Areas are owned by all ofl the Lot Owners in Barbee Mill in equal undivided shares. Ownership of a share of the Common ~reas is Indivisible from ownership of a Lot and transfer of a Lot to a new Owner automatically $"ansfers ownership of the associated share of the undivided interest in the Common Areas to "1c new Owner. Any attempt to traru;fer, assign or otherwise separate ownership of an intere4t in the Common Areas from ownership of a Lot shall be null aod void. The Common Areas ~hall be maintained by the Organization. The Board shall have the right and authority to maki: minor adjustments in the boundaries of the Common ARas, from tlme to time, as the ~oard as necessary and to authorize the President of the Organization to execute such documenl!l as may be necessary to facililale such adjustments. Section 7 .2: Owners' Common Rights. Owners shall have equal rights to I use the Common Areas, subject to the rules that may be established by the Organization. All Cll5Cments for ingress, egress, utilities, and use of facilities in the Common Areas, unless olherwisc specifically limited, shall exist in favor of all OwneIS in the Plat. ARTICLE 8 • EASEMENTS AND OPEN SPACE Section 8.1: Consquction, Utility and Drains"" §?S!'!>nents. Easements for the construction, repair, replacement, recollS!IUction, and maintenance of utilities and drainage 20 DWI" III04452vll OOJ6IID-000004 PLANNING DIVISION ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs}, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. -1 -06109 R:\Temp09\12-environmental checklist.doc A. BACKGROUND 1. Name of proposed project, if applicable: DiCerchio Pier 2. Name of applicant: Richard DiCerchio 3. Address and phone number of applicant and contact person: Applicant: Richard DiCerchio 4005 Williams Ave. N Renton, WA 98056 425-922-3745 Contact Person: Evan Wehr -ecco design inc. 203 N 361h Street Suite 201 Seattle, WA 98103 206-706-3937 4. Date checklist prepared: August 19, 2014 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Winter 2014 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Biological Evaluation was prepared by Marine Surveys and Assessments to assess impacts to listed species and/or critical habitat for the project. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Letter of Permission from the Army Corps of Engineers. SOP, SEPA review, and building permit from the City of Renton. HPA from the Washington Department of Fish and Wildlife. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Construct new pier, install two mooring piles, install two new boat lifts, and install a translucent canopy. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 4005 & 4011 Williams Ave.Nin Renton, WA 98056. Section: NWl/4 32 Town: 24N Range: SE B. ENVIRONMENTAL ELEMENTS -2 -06/09 R:\T emp09\ 12-environmental checklist.doc 1. EARTH a. General description of the site (circle one); flat. rolling, hilly, steep slopes, mountainous, other ______ _ b. What is the steepest slope on the site (approximate percent slope?) The site is relatively flat with the steepest slope along the shoreline being approximately 40%. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Sand, gravel, and silt. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading is proposed. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? There will be no change to the amount of impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None proposed. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Low levels of emissions from boat traffic. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air, if any: None. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The work will occur in Lake Washington. -3-06/09 R:\T emp09\12-environmental checklist.doc 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The pier, boat lifts, and canopies will be constructed on Lake Washington. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. Yes. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. N/A 2) Could waste material enter ground or surface waters? If so, generally describe. Construction debris could enter surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: A containment boom will be placed around the construction area to contain debris. 4. PLANTS a. Check or circle types of vegetation found on the site: _X_ deciduous tree: alder, maple, aspen, other _X_ evergreen tree: fir, cedar, pine, other b. _x_ shrubs _X_ grass __ pasture __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoil, other __ other types of vegetation What kind and amount of vegetation will be removed or altered? None. -4- R:\Temp09\12-environmental checklist.doc 06109 c. List threatened or endangered species known to be on or near the site. None know. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Twenty-two native shrubs will be planted as mitigation. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk. heron, eagle. songbirds, other ________ _ Mammals: deer, bear, elk, beaver, other ~-~-------Fish: bass, salmon, trout. herring, shellfish, other ______ _ b. List any threatened or endangered species known to be on or near the site. Chinook salmon, bull trout, and steelhead. c. Is the site part of a migration route? If so, explain Juvenile salmonids migrate along the lake shoreline. d. Proposed measures to preserve or enhance wildlife, if any: Work will take place during the appropriate work window of July 16th through December 31'1 • 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Solar and electric. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None known. -5 -06/09 R:\Temp09\12-environmental checklist.doc 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short- term: Elevated levels of noise from pile driving and construction. Long term: Low levels of noise from boating. 3) Proposed measures to reduce or control noise impacts, if any: Work will take place only during appropriate work hours. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site and adjacent properties are residential. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. An existing house. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R-10 f. What is the current comprehensive plan designation of the site? COR g. If applicable, what is the current shoreline master program designation of the site? Urban h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes, Lake Washington. i. Approximately how many people would reside or work in the completed project? None. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The canopy will be eleven feet above the ordinary high water mark. • 6 • 06/09 R:\T emp09\ 12-environmental checklist.doc b. What views in the immediate vicinity would be altered or obstructed? No. c. Proposed measures to reduce or control aesthetic impacts, if any: None. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Boating and fishing. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. c. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is accessed by Lake Washington Blvd. N just west of 1-405. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 8/10ths of a mile. c. How many parking spaces would the completed project have? How many would the project eliminate? No change. -7 -06/09 R:\Temp09\12-environmental checklist.doc d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Boat traffic on Lake Washington. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any: None. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. UTILITIES a. Circle utilities currently available at the site: electricity. natural gas. water, refuse service. telephone. sanitary sewer. septic system, other. b. Describe the utilities that are proposed for the project. the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. C. SIGNATURE I. the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct. and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature: ---i&=..,,_~c.;=------'""'~<.....:'------'=-------- Name Printed: C ve. 1:1 11 kb v- Date: -8-06/09 R:\Temp09\ 12-environmental checklist.doc D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS (These sheets should only be used for actions involving decisions on policies, plans and ro rams. You do not need to fill out these sheets for ro·ect actions. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements ofthe environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? -9 -06/09 R:\Temp09\12-environmental checklist.doc Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent Signature:---------------- Name Printed: Date: -10 -06/09 R:\Temp09\12·environmental checklist.doc AL TA COMMITMENT FOR TITLE INSURANCE Commitment Number: CHICAGO TITLE 1241248-RBG CO>'!PANY OF WASHlliGTO:'."i CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and Band to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned By: Authorized Officer or Agent Copyright American Land Title Association. All rights reserved. Chicago Title Insurance Company By: President Attest: Secretary -~°'.!!_R_IC AN lANIJ fl 11.l The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. " AL TA Commitment (Adopted: 06.17.2006} Page 1 Printed: 06.03.14@ 03:31PM WA-CT -F NS E-02150 .624669-SPS-1-14-1241246-R BG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO 1241248-RBG ISSUING OFFICE: FOR SETILEMENT INQUIRIES, CONTACT: Title Officer: Regional Builder Group Escrow Officer: Karen Kirkwood Chicago Title Company of Washington Chicago Title Company of Washington 701 5th Avenue, Suite 2300 11411 NE 124thSt. Building A, Suite260 Seattle, WA 98104 Kirkland, WA 98034 Main Phone: (206)628-5603 Phone: (425)602-0911 Fax: (866)275-9830 Email: Robert.Gatchel@ctt.com Main Phone: (425)897-5501 Email: Karen.Kirkwood""ctt.com SCHEDULE A ORDER NO. 1241248-RBG 1. Effective Date: May 29. 2014 at 08:00AM 2. Policy or (Policies) to be issued: a. AL TA Owne(s Policy 2006 Proposed Insured: Richard DiCerchio and Christine D. DiCerchio, husband and wife Policy Amount: $3,000,000.00 Premium: Tax: Total: b. ALT A Loan Policy 2006 Proposed Insured: To Be Detemnined Policy Amount: To Be Detemnined Premium: Tax: Total: $ $ $ 1,436.00 136.42 1,572.42 To Be Determined To Be Determined To Be Detemnined 3. The estate or interest in the land described or referred to in this Commitment is: Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Barbee Mill Waterfront, LLC, a Washington limited liability company 5. The land referred to in this Commitment is described as follows: SEE EXHIBIT "A" ATIACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. -AMUtlCAN LAND rn'LC ~\1<.KIA110~ AL TA Commitment (Adopted: 06 17.2006) Page2 Printed: 06.03.14@ 03:32PM WA-CT -FNSE-02150. 624669-S P S-1-14-1241246-RBG EXHIBIT "A" Legal Description Lot 48, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat; And also together with an easement across Lot 47 for ingress, egress and utilities as delineated on the face of said plat. Copyright American Land Title Association. All rights reserved. \MflUCA!•,I lANf1 11111 AIIO( i.,TL<lN The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use . All other uses are prohibited. Reprinted under license from the American Land Title Association. .,,~ ~ AL TA Commitment {Adopted: 06 17 2006) Page 3 Printed: 06.03.14@ 03:32PM WA-CT -FN SE-02150. 624669-S P S-1-14-1241248-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241248-RBG SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. -AMr.RICA.N LANIJTTi_.Li '>'-l(l~TION AL TA Commitment (Adopted: 06.17.2006) Page4 Printed: D6.03.14@03:32PM WA-CT -FNSE-02150.624669-SP S-1-14-1241248-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241248-RBG SPECIAL EXCEPTIONS SCHEDULE B (continued) 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Barbee Mill: Recording No 20080208000182 Said instrument contains provision for bearing the cost of maintenance of Tract Kand the easement on Lot 47 by the users. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Comcast of Washington IV, Inc. Broadband communication system December 24, 2007 20071224000192 as described in said instrument 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Barbee Mill Co. Inc. Ingress, egress and other purposes August 14, 2008 20080814000714 as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20060929003429. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Barbee Mill Co. Inc., a Washington corporation Compliance monitoring wells June 27, 2008 20080627001002 as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20080519002006. Copyright American Land Tltle Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. -1\1,HRICA.:s; L~:-lll fllU AL TA Commitment (Adopted: 06.17.2006) Page 5 Printed: 06.03.14@ D3:32PM WA-CT -FN SE-02150 _ 624669-S P S-1-14-1241248-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241248-RBG SCHEDULE B (continued) 5. Exceptions and reservations contained in deed whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State of Washington Recording No.: 467141 6. Covenants, conditions, restrictions, easements and liability for assessments, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No.: July 13, 2010 20100713000747 Said instrument is a restated and amended declaration of covenants, conditions and restrictions for Barbee Mill, recorded under recording nos. 20080208000183 and 20080613001522. 7. Enviromental covenant and the terms and conditions thereof: Recording Date: Recording No.: Affects: June 6, 2008 20080606001208 entire plat 8. Agreement Release of Damage Executed by: Recording Date: Recording No.: Clarissa D. Colman and United States of America October 24, 1906 429598 Releasing United States of America from all future claims for damages resulting from: Construction, operation, and maintenance of canal locks, shipways, waterways and raising and lowering of the water level of Lake Washington. 9. Agreement Executed by: Recording Date: Recording No.: Conner Homes at Barbee Mill, LLC and Barbee Forest Products, LLC September 29, 2006 20060929003431 Amended and/or modification: Recording Date: Recording No.: August 14, 2008 20080814000715 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. -AM~RICAt's LAND fl I LC A,lcX!'1if>N Al TA Commitment (Adopted: 06.17.2006) Page 6 Printed: 06.03.14@ 03:32PM WA-CT -FN SE .02150 .624669-SP S-1-14-1241248-R BG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG 10. Agreement SCHEDULE B (continued) Executed by: Conner Homes at Barbee Mill, LLC, a Washington limited liability company and City of Renton, a non charter code city Recording Date: October 3, 2011 Recording No.: 20111003000168 11. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or riparian owners to use any portion which is now or was formerly covered by water. 12. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. 13. Not withstanding paragraph 4 of the insuring clauses of the policy, the access coverage referenced in said paragraph 4 is limited to the access allowed in any crossing permit which may be required by the owner of the adjoining railroad right of way (or fonmer railroad right of way), subject to the tenms, conditions and provisions therein. 14. Payment of the real estate excise tax, if required. The Land is situated within the boundaries of the local taxing authority. Present rate of real estate excise tax as of the date herein is 1.78%. Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. 15. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: 2014 051850-0480-03 2100 $1,156,000.00 $ Billed: Paid: Unpaid: $14,984.59 $ 7,492.30 $ 7,492.29 Copyright American Land Title Association. All rights reserved. -A).HR.IC,\:S' LA'iD T!TU The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of lhe date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment {Adopted: 06 17.2006) Page? Printed 06.03.14 @03:32PM WA-CT-F NSE-02150 .624669-S P S-1-14-1241248-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG SCHEDULE B (continued) 16. It appears that improvements are located on the Land but are not presently assessed. Supplemental taxes may appear on future tax rolls. 17. Please be advised that our search did not disclose any open mortgages of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 18. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Barbee Mill Waterfront, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin. e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 19. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: To provide an extended coverage lender's policy, general exceptions A through D may be eliminated or limited after an inspection of the Land and/or review of the survey, if required, is completed. -Copyright American Land Title Association. All rights reserved. A,\HRICAN LAN or1~1·.:;: Al~OCl~IIO,~ The use of this Form is restricted to ALTA licensees and Al TA members in good standing as of the date of use. Al1 other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment (Adopted: 06.17.2006) Page B Printed: 06.03.14@ 03:32PM WA-CT-FNSE-02150. 624669-SPS-1-14-1241248-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG Note B: Note C: Note D: Note E: Note F: SCHEDULE B (continued) Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Grantee: Recording Date: Recording No.: Conner Homes at Barbee Mill, LLC, a Washington limited liability company Barbee Mill Waterfront, limited liability company May 22, 2012 20120522001566 Note: The Company finds no matters against the name(s) of Richard DiCerchio and Christine D. DiCerchio in the King County Public Records which would appear as exceptions in the policy. Note: The Public Records indicate that the address of the improvement located on said Land is as follows: 4005 Williams Avenue North Renton, WA 98056 Note: FOR INFORMATIONAL PURPOSES ONL y The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot(s): 48 Barbee Mill Tax Account No.: 051850-0480-03 Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF NOTES END OF SCHEDULE B -,\M~RIC,\N Copyright American Land Title Association. All rights reserved. LAND fl I U The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment (Adopted: 06.17.2006) Page 9 Printed: 06.03.14@ 03:32PM WA-CT-FNSE-02150.624669-SPS-1-14-1241248-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed. or other security instrument. 2. If the proposed lnsured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance. adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for lhe policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against lhe Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://w!Nw.alta.org. END OF CONDITIONS Copyright American Land Title Association. All rights reserved. -AMERICAN LANO l"IIU ~lltKl\11,,N The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment (Adopted: 06.17.2006) Page 10 Printed: 06.03.14 @03:32PM WA-CT-FNSE-02150. 624669-SP S-M 4· 1241248-RBG RECORDING REQUIREMENTS Effective January 1, 1997, document format and content requirements have been imposed by Washington Law. Failure to comply with the following requirements may result in rejection of the document by the county recorder or imposition of a $50.00 surcharge. First page or cover sheet: 3" top margin containing nothing except the return address. 1" side and bottom margins containing no markings or seals. Title(s) of documents. Recording no. of any assigned, released or referenced document(s). Granters names (and page no. where additional names can be found). Grantees names (and page no. where additional names can be found). Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Section for unplatted). Said abbreviated legal description is not a substitute for a complete legal description which must also appear in the body of the document. Assessor's tax parcel number(s). Return address (in top 3" margin). **A cover sheet can be attached containing the above format and data if the first page does not contain all required data. Additional Pages: 1" top, side and bottom margins containing no markings or seals. All Pages: No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure seals must be smudged for visibility. Font size of 8 points or larger. Recording Requirements WA0000924.doc / Updated 03.26.14 Page 11 Printed: 06.03.14@ 03:32PM by RG WA-CT-FNSE-02150.620780-1241248-RBG Order No.: 1241248-RBG--KK FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective: January 24, 2014 Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF". "our" or ''we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use of Information The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Additional Ways Information is Collected Through the W9b5itg Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information lhat includes a cookie number; time and date of a page view; and a description of lhe page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this infom,ation to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use. and this infomiation is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. Privacy Statement WA0000924.doc I Updated: 03.26.14 Page 12 Printed: 06.03.14@ 03:32PM by RG WA-CT-FNSE-02150.620780-1241248-RBG PRIVACY NOTICE (continued) You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements. but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http:llwww.networkadvertising.org/. You can opt-out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you can opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer. Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above. you should not delete your cookies. If you delete your cookies, you wilt need to opt-out again. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others 10 provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials. documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed lo us secure. We provide Personal Information and non-Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not. however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law. unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non-Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies. protect the security or integrity of the Website. and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information from Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies. and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. Privacy Statement WA0000924.doc / Updated: 03.26. 14 Page 13 Printed: 06.03. 14@ 03:32PM by RG WA-CT-FNSE-02150.620780-1241248-RBG PRIVACY NOTICE (continued) European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal tnformalion outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt oul of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required 10 apply for an open position. If FNF collects Personal Information from you, such information will nol be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" Jaw, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from lime to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each lime we collect infonnation from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments. information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright© 2014. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 24, 2014 / LAST UPDATED: JANUARY 24, 2014 Privacy Statement WA0000924.doc/ Updated: 03.26.14 Page 14 Printed: 06.03.14@ 03:32PM by RG WA-CT~FNSE-02150.620780-1241248-RBG CHICAGO TITLE COMP,\..'\J"Y OF WASHD\GTOI\" Order No.: 1241248-RBG Property: 4005 Williams Ave N Renton, WA 98056 I SELLER(S) Barbee Mill Waterfront, LLC BUYER/BORROWER($) Richard DiCerchio and Christine D. DiCerchio LISTING AGENT Conner Real Estate Group 846108th Avenue N.E., #202 Bellevue, WA 98004 Phone: (425)455-9280 Fax: (425)462-0426 SELLING AGENT Windermere Real Estate 3933 Lake Washington Blvd NE, Suite 100 Kirkland, WA 98033 Phone: (425)822-5100 Fax: (425)827-3400 SELLING AGENT Windermere Real Estate 3933 Lake Washington Blvd NE, Suite 100 Kirkland, WA 98033 Phone: (425)822-5100 Fax: ( 425)827-3400 ESCROW Chicago Title Company of Washington 11411 NE 124th St. Building A, Suite 260 Kirkland, WA 98034 Phone: ( 425)897-5501 Fax: (866)275-9830 BUILDER Conner Homes 846 108th Ave. NE, Suite 202 Bellevue, WA 98004 Phone: (425)455-9280 Fax: ( 425)462-0426 701 5th Avenue, Suite 2300 Seattle, WA 981 04 Phone: (206)628-56031 Fax: (206)628-9717 Main Contact: Site Agent Main Contact: Anna Riley Phone: (425)822-5100 Cell: (425)761-8836 Email: anna@westbellevue.com Main Contact: Daniel Breilh Phone: (425)753-2402 Email: daniel@westbellevue.com Escrow Officer: Karen Kirkwood Phone: (425)602-0911 Fax: (866)275-9830 Email: Karen.Kirkwood@ctt.com Main Contact: Cassie Beaudry Email: cassieb@connerhomes.com Thank You for specifying Chicago Title Company of Washington Commitment Distribution letter WA0000924.doc/ Updated: 03.26.14 Page 15 Printed: 06.03.14@ 03:32PM by RG WA-CT -FN SE-02150. 620780-1241248-R BG Commitment Distribution Letter WA0000924.doc/ Updated: 03.26.14 Your transaction is important to us. Page 16 Printed: 06.03.14@ 03:32PM by RG WA-CT -FNSE-02150 .620780-1241248-RBG ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: CHICAGO TITLE 1241247-RBG COMPANY OF WASHIJ\GTON CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and Band to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned By: Authorized Officer or Agent Copyright American Land Title Association. All rights reserved. Chicago Title Insurance Company By: President Attest: Secretary -AMERICAt,; lMsiDTlrU AS~OCIATlON The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment (Adopted: 06.17.2006) Page 1 Printed: 08.07.14@ 11:01AM WA-CT-F NS E-02150. 624669-SPS-1-14-124124 7-R BG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG ISSUING OFFICE: FOR SETILEMENT INQUIRIES, CONTACT: Title Officer: Regional Builder Group Escrow Officer: Karen Kirkwood Chicago Title Company of Washington Chicago Title Company of Washington 701 5th Avenue, Suite 2300 11411 NE 124th St. Building A, Suite 260 Seattle, WA 98104 Kirkland, WA 98034 Main Phone: (206)628-5603 Phone: (425)602-0911 Fax: (866)275-9830 Email: Robert.Gatchel@ctt.com Main Phone: (425)897-5501 Email: Karen.Kirkwood""ctt.com SCHEDULE A ORDER NO. 1241247-RBG 1. Effective Date: August 1, 2014 at 08:00AM 2. Policy or (Policies) to be issued: a. AL TA Owner's Policy 2006 Proposed Insured: Peng Jiang, Presumptively subject to the community interest of his/her spouse or registered domestic partner, if married or a registered domestic partner Policy Amount: $2,399,000.00 Premium: Tax: Total: b. AL TA Loan Policy 2006 Proposed Insured: To Be Determined Policy Amount: To Be Determined Premium: Tax: Total: $ $ $ 1,218.00 115.71 1,333.71 To Be Determined To Be Determined To Be Determined 3. The estate or interest in the land described or referred to in this Commitment is: Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Barbee Mill Waterfront, LLC, a Washington limited liability company 5. The land referred to in this Commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMEfl:~<_;:_~~ L.4.ND TITL[ AHO(:UTION ALT A Commitment (Adopted: 06.17.2006) Page2 Printed: 08.07.14@11:01AM WA-CT-FNSE-02150.62466G-S PS-1-14-1241247-RBG EXHIBIT "A" Legal Description Lot 47, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat Copyright American Land Title Association. All rights reserved. -AMfRICAN LAND TITLE AiWCl>.11{''- The use of this Fann is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALT A Commitment (Adopted: 06.17.2006) Page 3 Printed: 08.07.14@ 11:01AM WA-CT-FNSE-02150. 624669-SPS-1-14-124124 7 -RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Copyright American Land Title Association. All rights reserved. ~_!~RICAN LAND TIHI /,,l~OCIAT!ON The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALT A Commitment {Adopted: 06.17.2006) Page4 Printed: 08.07.14@11:01AM WA-CT-FNSE-02150 .624669-SPS-1-14-1241247-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241247-RBG SPECIAL EXCEPTIONS SCHEDULE B (continued) 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Barbee Mill: Recording No: 20080208000182 Said instrument contains provision for bearing the cost of maintenance of Tract Kand the easement on Lot 47 by the users. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Comcast of Washington IV, Inc. Broadband communication system December 24, 2007 20071224000192 as described in said instrument 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Barbee Mill Co. Inc. Ingress, egress and other purposes August 14, 2008 20080814000714 as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20060929003429. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No.: Affects: Barbee Mill Co. Inc., a Washington corporation Compliance monitoring wells June 27, 2008 20080627001002 as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20080519002006. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. /\ME RICAN l ~ND 'fl fl [ ASSOCIA"r\ON ALT A Commitment (Adopted: 06.17.2006) Pages Printed: 08.07.14@ 11:01AM WA-CT-FNSE-02150 .624669-SPS-1-14-1241247 -R BG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG SCHEDULE B (continued) 5. Exceptions and reservations contained in deed whereby the granter excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Granter: State of Washington Recording No.: 467141 6. Covenants, conditions, restrictions, easements and liability for assessments, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the ex1ent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No.: July 13, 2010 20100713000747 Said instrument is a restated and amended declaration of covenants, conditions and restrictions for Barbee Mill, recorded under recording nos. 20080208000183 and 20080613001522. 7. Enviromental covenant and the terms and conditions thereof: Recording Date: Recording No.: Affects: June 6, 2008 20080606001208 entire plat 8. Agreement Release of Damage Executed by: Recording Date: Recording No.: Clarissa D. Colman and United States of America October 24, 1906 429598 Releasing United States of America from all future claims for damages resulting from: Construction, operation, and maintenance of canal locks, shipways, waterways and raising and lowering of the water level of Lake Washington. 9. Agreement Executed by: Recording Date: Recording No.: Conner Homes at Barbee Mill, LLC and Barbee Forest Products, LLC September 29, 2006 20060929003431 Amended and/or modification: Recording Date: Recording No.: August 14, 2008 20080814000715 Copyright American Land Title Association. All rights reserved. The use of this Fonn fs restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN lAN12._!l_!_l_E AIIOCIAIION ALT A Commitment (Adopted: 06.17.2006) Pages Printed: 08.07.14@11:01AM WA-CT-FNSE-02150.624669-SPS-1-14-124124 7 -R BG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG 10. Agreement SCHEDULE B (continued) Executed by: Conner Homes at Barbee Mill, LLC, a Washington limited liability company and City of Renton, a non charter code city Recording Date: October 3, 2011 Recording No.: 20111003000168 11. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or riparian owners to use any portion which is now or was formerly covered by water. 12. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. 13. Not withstanding paragraph 4 of the insuring clauses of the policy, the access coverage referenced in said paragraph 4 is limited to the access allowed in any crossing permit which may be required by the owner of the adjoining railroad right of way (or fonmer railroad right of way), subject to the tenms, conditions and provisions therein. 14. Payment of the real estate excise tax, if required. The Land is situated within the boundaries of the local taxing authority. Present rate of real estate excise tax as of the date herein is 1. 78%. Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. 15. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: Tax Account No.: Levy Code: Assessed Value-Land: Assessed Value-Improvements: General and Special Taxes: 2014 051850-0470-05 2100 $672.,000.00 $ Billed: Paid: Unpaid: $9,583.64 $4,791.82 $4,791.82 16. It appears that improvements are located on the Land but are not presently assessed. Supplemental taxes may appear on future tax rolls. Copyright American Land Title Association. All rights reserved. -,\MEIUCAN !AND rnu A!<OCIHION The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Al TA Commitment (Adopted: 06.17.2006) Page? Printed: 08.07.14@ 11:01AM WA-CT-F NS E-02150. 624669-SPS-1-14-1241247-R BG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG SCHEDULE B (continued) 17. Please be advised that our search did not disclose any open mortgages of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 18. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Barbee Mill Waterfront, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d. If the Limited Liability Company was fomned in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin. e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 19. In the event title to said Land is acquired by the party(ies) named below, the policy(s), when issued, will show the following additional item(s) in Schedule B, unless disposed of to the satisfaction of the Company: Party(ies): ltem(s): Peng Jiang Paragraphs 20 and 21 20. Matters which may be disclosed by a search of the records against the name of the spouse or domestic partner of Peng Jiang, if married or a member of a registered domestic partnership. 21. If the proposed insured is a married person or member of a registered domestic partnership acquiring title as his/her separate estate, the Company will require a Deed be executed by the spouse or registered domestic partner of the proposed insured to establish separate property. A deed from the spouse or registered domestic partner will not eliminate the requirement that both spouses or registered domestic partners execute any new monetary encumbrances to comply with the automatic homestead provisions of RCW 6.13.060 if both spouses or registered domestic partners intend to reside on the Land. Copyright American Land Title Association. All rights reserved. AMERICAt,,; l ... ND'IITIF AISOCIAT!ON The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment (Adopted: 06.17.2006) Pages Printed: 08.07.14@11:01AM WA-CT-FNSE-02150.624669-SPS-1-14-1241247-RBG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG SCHEDULE B (continued) 22. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A: Note B: Note C: Note D: Note E: To provide an extended coverage lender's policy, general exceptions A through D may be eliminated or limited after an inspection of the Land and/or review of the survey, if required, is completed. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Grantee: Recording Date: Recording No.: Conner Homes at Barbee Mill, LLC, a Washington limited liability company Barbee Mill Waterfront, limited liability company May 22, 2012 20120522001566 Note: The Public Records indicate that the address of the improvement located on said Land is as follows: 4011 Williams Avenue North Renton, WA 98056 Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: Lot(s): 47 Barbee Mill Tax Account No.: 051850-0470-05 Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein with reference to streets and other land. No liability is assumed by reason of reliance thereon. END OF NOTES END OF SCHEDULE B Copyright American Land Title Association. All rights reserved. -AM[R._(C,',!' lAND TITH AS>OC:IATIO's The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALT A Commitment (Adopted: 06.17.2006) Page9 Printed: 08.07.14@ 11:01AM WA-CT-FNSE-02150.624669-SPS-1-14-124124 7 -R BG CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b} to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The paHcy ta be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. END OF CONDITIONS Copyright American Land Title Association. All rights reserved. -AM[II.ICAN 1AND nnr .~5SOCIA'l lON The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment {Adopted: 06.17.2006) Page 10 Printed: 08.07.14@11:01AM WA-CT-FNS E-02150.624669-SPS-1-14-124124 7-RBG RECORDING REQUIREMENTS Effective January 1, 1997, document format and content requirements have been imposed by Washington Law. Failure to comply with the following requirements may result in rejection of the document by the county recorder or imposition of a $50.00 surcharge. First page or cover sheet: 3" top margin containing nothing except the return address. 1" side and bottom margins containing no markings or seals. Title(s) of documents. Recording no. of any assigned, released or referenced document(s). Grantors names (and page no. where additional names can be found). Grantees names (and page no. where additional names can be found). Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Section for unplatted). Said abbreviated legal description is not a substitute for a complete legal description which must also appear in the body of the document. Assessor's tax parcel number(s). Return address (in top 3" margin) . .. A cover sheet can be attached containing the above format and data if the first page does not contain all required data. Additional Pages: 1" top, side and bottom margins containing no markings or seals. All Pages: No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure seals must be smudged for visibility. Font size of 8 points or larger. Recording Requirements WA0000924.doc/ Updated: 03.26.14 Page 11 Printed: 08.07.14@ 11:01AM by RG WA-CT-FNSE-02150.620780-124124 7 -RBG Order No.: 1241247-RBG-KK FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective: January 24, 2014 Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or ''we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the 'Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use of Information The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name. address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, ''Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. Additional Ways lnformatjon is Collected Thrgyqh the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "dear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements dicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. Privacy Statement WA0000924.doc I Updated: 03.26.14 Page 12 Printed: 08.07.14@ 11 :01AM by RG WA-CT -FNSE-02150.620780-1241247 -R BG PRIVACY NOTICE (continued) You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http:llwww.networkadvertising.org/. • You can opt-out via the Consumer Choice Page at www.aboutads.info. • For those in the U.K., you can opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. When Information Is Disclosed By FNF We may provide your Personal lnfom,ation (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and 10 enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose infom,ation about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other infonnation provided by you violates lhe rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal lnfonnation and non-Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in confom,ity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non-Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the infom,ation that is disdosed to us. Information from Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. Privacy Statement WA0000924.doc / Updated: 03.26.14 Page 13 Printed: 08.07.14@ 11:01AM by RG WA-CT-FNSE-02150. 620780-124124 7 -RBG PRIVACY NOTICE (continued) European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection ''Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer infom,ation for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal lnfom,ation to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect infom,ation from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and infom,ation collected from you in the future. We may use comments, infom,ation or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright© 2014. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 24, 2014 I LAST UPDATED: JANUARY 24, 2014 Privacy Statement WA0000924.doc / Updated: 03.26.14 Page 14 Printed: 08.07.14@ 11:01AM by RG WA-CT -FNSE-02150. 620780-124124 7 -R BG Order No.: Property: CHICAGO TITLE COMPA.'lY OF \VASHINGTON 1241247-RBG 4011 Williams Avenue N. Renton, WA 98056 I SELLER($) Barbee Mill Waterfront, LLC I BUYER/BORROWER(S) Peng Jiang LISTING AGENT Conner Real Estate Group 846 108th Avenue N.E., #202 Bellevue, WA 98004 Phone: (425)455-9280 Fax: (425)462-0426 SELLING AGENT Skyline Properties 9709 3rd Ave NE #450 Seattle, WA 98115 Phone: (206)522-3400 Fax: (206)522-6890 ESCROW Chicago Title Company of Washington 11411 NE 124th St. Building A, Suite 260 Kirkland, WA 98034 Phone: (425)897-5501 Fax: (866)275-9830 BUILDER Conner Homes 846 108th Ave. NE, Suite 202 Bellevue, WA 98004 Phone: (425)455-9280 Fax: (425)462-0426 701 5th Avenue, Suite 2300 Seattle, WA 98104 Phone: (206)628-5603 I Fax: (206)628-9717 Main Contact: Merrely Santell Phone: (425)455-9280 Email: merrelyb@connerhomes.com Main Contact: Wenjun Chen Phone: (206)465-1158 Fax: (206)522-6890 Email: wenjunc@skylineproperties.com Escrow Officer: Karen Kirkwood Phone: (425)602-0911 Fax: (866)275-9830 Email: Karen. Kirkwood@ctt.com Main Contact: Cassie Beaudry Email: cassieb@connerhomes.com Thank You for specifying Chicago Title Company of Washington Your transaction is important to us. Commitment Distribution Letter WA0000924.doc/ Updated: 03.26.14 Page 15 Printed: OB.07.14@11:01AMbyRG WA-CT -F NSE-02150. 620780-124124 7-R BG RECEIPT EG00028048 BILLING CONTACT Richard DiCerchio 4005 WILLIAMS AVE N RENTON, WA 98057 REFERENCE NUMBER FEE NAME LUA14-001181 PLAN -Environmental ReYiew PLAN -Shoreline Substantial Dev Permits Technology Fee Technology Fee Printed On: 8129/2014 Prepared By: Kris Sorensen TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Fee Payment Transaction Date: August 29, 2014 PAYMENT METHOD ~heck.#566 K::heck #566 (:heck #566 Pheck #566 SUB TOTAL TOTAL AMOUNT PAID $1,000.00 $2,000.00 $30.00 $60.00 $3,090.00 $3,090.00 Page1 of1