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HomeMy WebLinkAboutLUA16-000316_Report 1ij i ~ • ~ ~ JOOS FAMILY LLC PIER KENMORE LAKE FOREST PARK JUANITA KIRKLAND RENTON LAKE MAP/NO SCALE APPLICANT: JOOS FAMILY LLC SITE ADD. 2909 MOUNTAIN VIEW AVE N RENTON, WA 98056 MAIL ADD. 4057 WILLIAMS AVE N RENTON WA 98956 PAGE: 1 OF 12 DAT!':: 3/17 /16 "' ~ VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION: (PARCEL No. 3342103953) THESOU'IH IUfEl:.I OFLOT69; ALL Of' LOTS 70.71. AND 72, NE N 36 ST N 34 ST N 33 ST N N 31 ST N 30 ST N 29 ST N 28 PL N < " "' < .. z ~ < :g I 1/4 SEC: SE-21-24-5 LAT: 47"3rn4.7640" LONG: -122'1235.5320" DECIMAL CONVERSION: LAT: 47.51799 LONG: -122.20967 lN BLOCK "A" or CJ) HJLLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDIT!Ol\ TO SEATTLE NO. I AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE63, RECORDS OF KING COU'.\TY ALD!TOR; TOGrTHER WITH ABOVE LANDS OF SECOND CLASS IN FRONTOFTIIEREOF AND BETWEEN LATERAL LINES ES I A8LIS1 IJ::D BY DECREE IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371. SITIJATJ.: I\J THF CITY OF REt,.;TON, COU"ITY OF KING, STATE OF WASl!lNGTON SHEET INDEX: 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED PLAN VIEW 5. PROPOSED ELEVATION 6. DETAIL SECTIONS 7. DETAIL SECTIONS 8. CONSTRUCTION DETAILS ADJACENT OWNERS: G) CONNER, CHARLES 3001 MOUNTAIN VIEW AVE N ~ REIMERS, MIL TON & BEYERL Y 2905 MOUNTAIN VIEW AVE N LOCAL JURISDICTION: Cl TY OF REN TON 9. PROPOSED BEACH MITIGATION 10. DETAIL A, 1 & 2 11. DETAIL 8, 1 & 2 12. PROPOSED PLANTING MITIGATION PLAN PAGE 1 of 12 PROPOSED: CONSTRUCT A PIER. CREATE A MORE NATURAL BEACH. IMPLEMENT A PLANllNG PLAN. PURPOSE: TO CREATE MOORAGE DATUM: C.O.E a MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRA'MNG IS PROPERTY Of M~NE RESTffiATIO"l &: CONSTRUCTlON LLC AND WAY NOT BE CCW'1ED 00 REPROOIJCED 'MTttOJT l!RITIEN CONSENT . " • ~ " ~ ~ ~ NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. <-1~ .. .,.-!l, "' "''9t---LJl!P91:{R1) 70' Ill ~ .- GRAPHIC SCALE o 35' • 111 I 1" = 70" OHWL 70' I n PARCEL 3342103985 2905 MOUNTAIN VIEW AVE N REIMERS, MILTON & BEVERLY EXISTING SITE PLAN @ SCALE: 1" = 70' ' ' \ ' ' \ \ ' ' \ ' ' \ PAGE 2 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRAWING IS PROPERTY OF WARINE RESTORATlct. &: CONS1RUC110N LLC AND MAY NOT BE COPIED OR REPRODUCED 'NITHOUT 'ARITlEN CONSENT 40' 1111 a CONCRETE BULKHEAD GRAPHIC SCALE 0 20' -.. I 1" = 40" R Ff ~ 40' I 82 ROCK AND-- DEBRIS ~STING WATEh_J PUMP i ~ ~ r} i:j "-:!j 0~ ';]kl~(;; !K :':! Kl . :!J/5§~ ~c;J CONCRETE STEPS CONCRETE SLAB EXISTING SITE PLAN SCALE: 1" = 40' OHWL 0 ~ NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added infonnation from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. I ! i @ ~ ,, i"' ::0 f:< r- r:: fJ F Jr~& O,c ---~-_l g&0 ;Jl AiJ!· t) PAGE 3 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM THJS DRAWING IS PROPERTY Of MARINE RESTORATION & CONSTRUCTION UC AND MAY NOT BE COPIED OR REPRODUCED WllHOUT WRlmN CONSENT . ~ • < " " ~ ~ NOTE: LIFT I .OCA TIO NS DEPICTED ARE THE OPTIMUM LOCATIONS. THE LIFTS MAY BE A MAXIMUM OF 5' (+/-) FROM THIS LOCATION DUE TO SITE CONDITIONS. 40' 95'1-6" ( + /-) 54'-6" 5'-11" SOLAR POWERaD LED LIGHTS 1·-11" ] PROPOSED FREEST.At'-JDING B'x10' GRATED PLA iFORM LIFT LOCATION. t PROPOSED! BOATLIFT LOCATION SANITARY SEWER LINE TO BE LOCATED BY A PROFESIONAL LOCATER PRIOR TO CONSTRUCTION 0 20' 7 el iJ f:;J ;,:;_~ 40' 110'-o" ~8 ~"" & ;:y ct&r;;;;-c}kl c..-, ~ ~ c:, pv; "~ ~;; ~!!J 140'-0" 27'-0' (+/-) I Project Description: 18'-0~ Construct a dock with glulam sides, ACZA stringers, and galvanized steel caps and 6" diameter piling (20). Drive two IO" diameter mooring piling. Install a freestanding boatlift and a freestanding grated platform lift. As mitigation, the applicant proposes to create a more natural beach and to implement a planting plan. Proposed dock sqaurc footage: 951 so'-o" ,J.i .. J MOORING P[LE~.(2) D 9 K! -8 ,, "' "' C, "' " ~ E I 5'-oi' K/fi?,;/ ~,.,.,,.... :c?i::Sf? fi!_:}~ RASS SEWER TAGS TO BE PLACED ON BOTH SIDES OF THE PIER WHERE THE SEWER LINE IS LOCATED. ~ ~~l Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. 11111 -Ill I PROPOSED PLAN VIEW t) a 7" = 4Qn SCALE: 1" = 40' PAGE 4 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRAWING IS PROPER"N or MARINE RESTORATION & CONSTRUCTION UC ANO 1,V,Y NOT BE COP1ED OR REPROOUCED 'Mll10UT v.RlmN C~SENT i i ~ ~ ~ NOTE: Project Description: LlFT LOCATIONS DEPICTED ARE THE OPTIMUM Construct a dock with glulam sides, LOCA T!ONS. 11!E LIFTS MAY BE A MAXIMUM OF 5' ACZA stringers, and galvanized (+/-) FROM THIS LOCATION DUE TO SITE CONDITIONS. steel caps and 6" diameter piling (20). Drive two 10" diameter mooring piling. Install a free.standing boatlift and a freestanding grated platform lift. As mitigation, the applicant proposes to create a more natural beach and to implement a planting plan. Prooosed dock soaure foot~oe; 95 I H-1 l40'-0" / PROPOSED FREESTANDING 80ATLIFT /OHWL lN 4'-6" WATER DEPTH AT /HE LANDWARD MOST SIDE 1 •"-6" I ., ' 7' ~i'" -~ - ,n/~--nJ "' ll t f \ l ,.,.,., _ PROPOSED FREESTANDING 8'X10' 110'-o" (+/-) GRATED PLATFORM un !N T-1· (+/-) WATER DEPTH AT THE LANDWARD MOST SIDE. PROPOSED ELEVATION VIEW SCALE: 1" = 20' PAGE 5 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM JHJS DRAWJNC !S P/l0P£RT!' OF I.IAR\N( IIES'rORATION o1c Cl.'l:NSlR1JCTIOll LLC ANO MA'( NOT 8( COf'IEO OR R(PROOUctO WITHO:.rf WRlnEN C0NS£NT . ij i ~ e ~ ~ 5~"X12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING *" THRU SOL rs LOW VOLTAGE LIGHTS (20) j" THRU BOLTS ON 3' CENTERS (TYP) 3'-0" (TYP) PROPOSED TOP VIEW SCALE: 1/2" = 1'-0"' \ ) PLASTIC THRU-FLOW GRATING 2X3 STEEL ANGLE BRACKET 2X4 NAILERS 18" O.C. 3x6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) SEE CONNECTION DETAIL ON PAGE 9. 2X4 NAILERS 18~ O.C. PLASTIC THRU-FLOW GRATING a 2'-6" 1'-6" W6X15 GALVANIZED STEEL "In BEAM PROPOSED SECTION DETAIL SCALE: 1/2" = 1'-0"' 2X.3 STEEL ANGLE BRACKET 5,l{(X12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING ~" THRU BOLTS 3x6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) r GALVANIZED STEEL PLATE NEW GAL VAN I ZED STEEL PILES (TYP) OHWL PAGE 6 of 12 MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: ( 425) 576-8661 FAX: ( 425) 576-8669 E-MAIL: INFO@MARINELLC.COM IIIS DRAM!:; IS PR<ff«fY <X IUIIINE RmtlU.lllll .t CQilSTRUC1lCtl U.C ~D IIAY NOT 8£ C(Jl£[I OR REl'RO'.lUCEO 'IUHOJT IRTTEN o:»tSENT ~ i " ~ :a < 5Xl"X12~ GLU-LAM BEAM ATTACHED TO EACH SADDLE USING ~" THRU BOLTS LOW VOLTAGE LIGHTS (20) ~" THRU BOLTS ON 3' CENTERS (TYP) SEE CONNECTION DETAIL ON PAGE 9. 2'-6" 1'-6" 3'-0" (TYP) W6X15 GALVANIZED STEEL "I" BEAM PROPOSED TOP VIEW SCALE: 1/2" = 1'-0"' i--------5'-11" 2X4 NAILERS 15Q O.C. PROPOSED SECTION DETAIL SCALE: 1/2" = 1'-0"' PLASTIC THRU-FLOW GRATING 2X3 STEEL ANGLE BRACKET 2X4 NAILERS 15& O.C. 3xfo16 GALVANIZED STEEL SADDLE j" THICK (TYP) PLASTIC THRU-FLOW GRATING 2X.3 STEEL ANGLE BRACKET .EJl-..::lir-------5),"X12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING %" THRU BOLTS 3x6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) r GALVANIZED STEEL PLATE NEW GALVANIZED STEEL PILES (TYP) OHWL PAGE 7 of 12 MARINE RESTORATION & CONSTRUCTION LLC a P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM FAX: (425) 576-8669 !:!:~:t::!Ya1(f"~~~:=u.c ~ I ~ ~ 0 ' 5~X12 GLULAM BEAM (24F-VB) 3X6X16~ GALV STER SADDLE s• GALV. STEEL PILE 3X6X16 GALVANIZED STEEL SADDLE 1/2" THICK (TYP.) GALV. W6X15 PER PLAN 3X6X16 GALV. STEEL PLATE ~3X6X16 GALV. STEEL SADDLE t-t~,ff·~·11:\-i'k'l: f---~-t ~------T 174 w J7i6 3" MARINE GRADE SS SCREW 3/4" THROUGH BOLTS ON 3' CENTERS-TYP. 5)fX12" GLU-LAM Ji GALV. STEEL PLASTIC THRU-FLOW GRATING 3X4 NAILER 3/4" GALVANIZED CARRIAGE BOLT AT EACH CONNECTION CONNECTION DETAIL N.T.S. 0 CONNECTION DETAIL NOT TO SCALE •,3· THRU-FLOW PANEL FASTENED AT 6 PLACES EA. 3' THRU-FLOW GRATED PANEL N.T.S. ,-12X60X1.2 THRU-FLOW PANEL 1 FASTENED AT 10 PLACES EA. ,6,666( >O X >O X >O ;s; "" 5' THRU-FLOW GRATED PANEL N.T.S. PAGE 8 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO©MARINELLC.COM THIS DRAWING IS PROP[RTY Of" MARINE R[STORA TION & CONSTRUCTION UC ANO MAY NOT 8[ COPIED OR REPRODUCED WITHOUT WRITTEN CONSENT MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATIONBEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNING GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. . , fl]-~ ,:----; -:--I . rr-; r-r---..:'. ' ... --,...._, ~ . I .• • . • . . ---v~ a-----.-,~-:1 ··,, _; . '. , . ' . . . . , " " ,, ' ' " : ,f • " • ' OC/J V) G C) J EXISTING PUMP TO REMAIN GRAPHIC SCALE 10' 0 5' 10' 1111 -Ill I 1" = 10' 50 CUBIC YARDS OF 2n MINUS SPAWNING GRAVEL (1f SPAWING GRAVEL MAY SUBSTITUTED IF 2" MINUS IS NOT OBTAINABLE.) . '. .. ' ! OHWL 1 FLAT WASHED GRANITE ROCK STEPS .. (~;l. ~-. @_J PROPOSED BEACH MITIGATION SCALE: 1'=10' OHWL NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. ~ PAGE 9 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRA'MNG IS PROPERTY Of WARINE RESTORATION &: CONSTRUCTION LLC ANO WAY IIIOT BE COP!EO OR REPROOUCED 'MTHOUT ~1m111 CONSENT MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATION BEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNIGN GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. CONCRETE STEPS CONCRETE BULKHEAD .-----,4 ~--------_.--..._,,-~~-.--..._.,,-....._.----------------·----------------------·· .. -~-------------.-~~~ _.,. -.-4• -----------------~~~----------------------------~ SECTION A 1: EXISTING SHORELINE SCALE: NTS FLAT WASI-IED ROUND C:!R.AN!TE ROCK STEP$ EMERGENT PLANT&. SEE PLANTING PLAN ON PAGE 1 FOR MORE DETAILS. MAXIMUM SLOPE IS 1/4 TOP SOIL SEE PAGE 11 FOR F'LANTI~ DETAILS 50 CUBIC YARDS OF 2" MINUS SPALLNING GRAVEL <I!" MINUS MAY BE SUBSTITUTED IF 2" MINUS IS NOT ATTAINABLE)_ t;\'' MINUS GRAVEL ----~------~~----·-·--;ca-c-p"· ,,,,,•.ch&' . . ,~ ___ ~EO.TEXTILE 1-----~ -----~-------_~---~-_.· .. · ·. m .. ''*~---~-.··. . · . a .,_1." • -,·.,.-p ... , .. , .. · · · · •' : · " '' . · . . . · . · FILTER FABRIC . . . ' ' ' ' . ' ' . ' . . ' ' . ' . SECTIONA2: SHORELINE SCALE:NTS 6"-8" CRUSHED ROCK MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 PAGE 10 of 12 E-MAIL: INFO@MARINELLC.COM ;1t~ z~~~~\~pie:~O~R~pfoo~~l~EWl~~f~~! g:i~~CllON LLC AND . ~ i ~ ~ ~ MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATION BEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNIGN GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. L--------------------....it-~~.,,..~-..,,,-...._,-------------~------- -------~--------------~~......____....--..__,,-..,_..--._~ SECTION B1: EXISTING BULKHEAD SCALE NTS MAXIMUM SLOPE IS 1/4 LOOSE ROCK AND DEBRIS. EXISTING CONCRETE BULKHEAD ~ SEE F.Ac;E 11 FOR FLANTINC:r DETAIL !:>0 CUBIC YARDS OF 2" MINUS SPAWNING GRAVEL <lj" MINUS MAY BE SUBSTITUTED IF 2" MINUS IS NOT ATTAINABLE). 2-4 MAN WASHED ROUND GRANITE ROCK5, 5EE BEACH MATERIAL &FEC&. TOP SOIL __________ ..-..._,,.-.._.--..----------·~-~..._~.___,,~--I~" MINUS GRAVEL a SECTION B2: PROPOSED BULKHEAD SCALE:NTS ' GEOTEXTILE FILTER FABRIC b"-8" CRUSl-lED _RC>CK LOOSE ROCK, DEBRIS; AND CONCRETE . BULKHEAD TO BE REMOVED AFTER SHORELINE STABILIZATION HAS BEEN COMPLETED BEHIND THE OHWL PAGE 11 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM Tl-llS DRA'MNG IS PROPERTY OF MARINE RESTORATION k CONSTRUCTION LLC AND MAY NOT BE COPIED OR REPRODUCED WITHOUT WR!TIEN Cct,1SENT LEGEND: PLANTS: TYPE: L AMELANCHIER ALNIFOUA SERVICEBERRY 2. BETULAJACQUEMONTI BIRCH 3. ARCTOSTAPHYLO UVA-URSI KINNIKINNICK 4. CORNUS SANGUlNEA BLOODTWIG DOGWOOD 5. MAHONIA NERVOSA OREGON GRAPE 6. HYDRANGEA QUERCIFDLIA DWARF OAKLEAF HYDRANGEA 7. SPIREA DENSIFOLIA SUBALPINE SPIRAEA QTY: SIZE: SYMBOL: 5'-6' 0 3 1.5" CALIPER @ 183 #1@2'0( ~ 10 30 16 7 r-- #5 #1@2.'0C #5 #2 Q ~ ~ Q @ PLANTS: TYPE: 8. RIBES SANQUINEUM RED FLOWERING CURRENT 9. SCRIPUS MICROCARPUS SMALL FRUITED BULLRUSH 10. JUNCTUS ENSIFOLIUS OAGGERLEAF RUSH 11. IRIS TENAX IRIS 12. SEDUM SPALHIFOLUM STONECROP (MIXED) B. SEDUM OREGANUM STONECROP (MIXED) OTHER MITIGATION: QTY: ' 12 7 7 2 2 SIZE: #5 #1 #1 #1 4" FLATS 4" FLATS SYMBOL: (@ ~ l/llltD * .. THE APPLICANT PROPOSES TO CREATE A MORE NATURAL BEACH AND TO PLACE SO CUBIC YARDS OF 2" MINUS SPAWNING GRAVEL (li" MAY BE SUBSTIUTED IF 2" MINUS IS NOT AVAILABLE). [XISTINC PUMP T.O REMAJN . okw, NOTE: Property infonnation for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. STONE PATHWAY GRAPHIC SCALE ~ c] ---. C- V) < fJ t:J CJi ?:J ~ J? PROPOSED PLANTING MITIGATION PLAN 1 "' • 0 7.5' 75' -Ill j I 1" = 15' a SCALE: 1' = 15' PAGE 12 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX BB4, Kirkland, WA 9BOB3 -OBB4 PHONE: (425) 576-6661 E-MAIL: INFO@MARINELLC.COM THIS DRAWING IS PROPERTY OF MARINE RESTORATION & CONSTRUCTION LLC AND MAY NOT BE COPIED OR REPRODUCED WITHOUT 'M'!ITTEN CONSENT 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 continuously 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 June 10, 2016. The full amount of the fee charged for said foregoing publication is -. the sum of.$86.25. <:. ;;//,? ..-~-,,-'rt,,(..A'-" tfinda Mills 11 , " " 111 , Legal Advertising Representative, Renton Reporter ,,,,, c 0 . //.,; 11,, ' ' ' \ '-· I ,v / Subscnbed and sworn to me this 10th day of June, 2016. $' 0 ~.\.:;.::::•:.,>. /'-:. ~~ i ::':/ '•\ -:.: -•',) ' . -.... --~·-__ ) ,o-rt...P>' · -= : N ,, -, ·-:-:: Gale Gwin, Notary Public f; the State of Washington, Residing~ 0 ,\ ~·Ub' .. \L : .•~; - Puyallup, Washington -:.~ ·~ ;-... : ... ,. / .f'· •• . ~/1.' ():. ~ ,, f: NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determi- nation of Non-Significance Miti- gated (DNS-M) for the following project under the authority of the Renton municipal code. Joos Family LLC Pier LUA16-000316 Location: 2909 Mountain View Ave N. The applicant is request- ing a Shoreline Substantial De- velopment Permit and SEPA Re- view for the construction of a 140-foot long pier with two ells for the private use of a single family residential property o\.\-n- er. Appeals or the DNS-M must be filed in writing on or before 5:00 p.m. on June 24, 2016 Appeals must be filed in writing together with the required fee with: Hearing Examiner c/o City Clerk, City of Renton, I 055 S Grady Way, Renton, WA 98057. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and more infonnation may be obtained from the Renton City Clerk's Office, 425-430-6510. Published in the Renton Reporter on June 10,2016. #1631015. . -...~· • Sender: Please print your name, address, and ZIP+4 In this box• 7014 3490 0001 5342 1457 I ill &.,;U;i,Jt,.IJJi" .~. Hi.ii I a I r(N1di~1 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office• 3190 160th Ave SE• Bellevue, WA 98008-5452 • 425-649-7000 711 for Washington Relay Service• Persons with a speech disability can call 877-833-6341 July 8, 2016 Joos Family, LLC Attn: Paul Joos 4057 Williams Avenue N Renton, WA 98056 Re: City of Renton Permit LUA16-000316 -Approved Joos Family, LLC -Applicant Shoreline Substantial Development Permit (SDP) #2016-NW-3336 Dear Mr. Joos: On July 6, 2016, we received notice that the City of Renton approved your application for an SDP. Your permit is to construct a 140-foot-long pier with galvanized steel piles, galvanized steel caps, ACZA-treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration within shoreline jurisdiction of Lake Washington, a shoreline of statewide significance. By Jaw, local governments must review all SDPs for compliance with: • The Shoreline Management Act (Chapter 90.58 RCW). • Ecology's SDP approval criteria (Chapter 173-27-150 WAC). • The City of Renton Local Shoreline Master Program. Local governments, after reviewing SDPs for compliance, are required to submit them to Ecology. We have received your approved SDP. Please note, however, that other federal, state, and local permits may be required in addition to this shoreline permits. What Happens Next? Before you begin activities authorized by this permit, the law requires you wait at least 21 days from July 6, 2016, 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 (SHB). You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. Joos Family, LLC July 8, 2016 Page2 The SHB will notify you by letter if they receive an appeal. We reco=end you contact the SHB before you begin permit activities to ensure no appeal has been received. You may reach them at (360) 664-9160 orhttp://www.eluho.wa.gov/Board/SHB. If you wantto appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the SHB website above or 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 Misty Blair, Shoreli!).e Specialist, at ( 425) 649-4309. Sincerely, Amelia Petersen, Section Assistant Shorelands and Environmental Assistance Program Cc: Jill Ding, City of Renton Department of Co=unity and Economic Development U.S. Postal Service"" RTIFIED MAIL® RECEIPT • estic Md/I Ollly i ~ --~=---=--::...c~---=---"=~""-=--~ rn Pos:age S : CertJfed Fee 1----___ ___, D Return Receipl,l(~C II ___ _ D (Endorsement Rc:qu;.·ed;· --~ D Restricted Del!very Fee 1 -----l ~ {Endorsement AequireJ) r-_ ------1 .:t' Total Postage & ."'ees I, $ 1'11 Postmark Here -----~ '.:'._'~-···~F~i1Nstf··· .. r .... _ ..... _ .................. . CJ Strset & A1J~ t'-~"-0 .Box_.N_":._. --Lt4 4A--1 -.,.OO.D .. '?:, .. I .. Lf-..... ----· City, State, ZIP+4 I· ' .. ;,, Denis Law Mayor June 30, 2016 State Department of Ecology Northwest Regional Office 3190 160th Ave. SE Bellevue, WA 98008-5452 ..-"-! ...... ,. ..... ,~,....,,,-~ Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: Shoreline Management Substantial Development Permit for Joos Family, LLC Pier File No. LUA16-000316, ECF, SM, MOD 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 June 30, 2016. A Determination of Non-Significance-Mitigated was issued by the City's Environmental Review Committee on June 6, 2016. The appeal period ended on June 24, 2016, 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) 430-6598 if you have any questions or need additional information. Sincerely, ~ Senior Planner Enclosures: 1. Administrative Decision 2. Legal Descriptions 3. Copy of Master Application 4. Project Narrative 5. Biological Assessment 6. Notice of Application 7. SEPA Checklist 8. SEPA Determination 9. SEPA Determination Mitigation Measures 10. SEPA Determination Advisory Notes cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Renton City Hall • 1055 South Grady Way , Reriton, Washington 98057 • rentonwa.gov Washington State Depart Page 2 of2 June 30, 2016 _ of Ecology Vanessa Dolbee, Current Planning Manager Paul Joos, Joos Family LLC/Applicant/Owner Rebecca Henderson, Marine Restoration & Construction, LLC/Contact Party(ies) of Record SM cover letter 16-000316 DEPARTMENT OF Ci.,,.,MUNITY AND ECONOMIC DEVELOPMENT -----~Renton 0 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: June 30, 2016 LUA16-000316, ECF, SM, MOD April 25, 2016 May 5, 2016 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/APPLICANT: PROJECT LOCATION: LEGAL DESCRIPTION: (Per King County Assessors Records) Joos Family LLC Pier Jill Ding, Senior Planner Paul Joos Joos Family, LLC 4057 Williams Avenue N Renton, WA 98056 Rebecca Henderson Marine Restoration & Construction, LLC PO Box884 Kirkland, WA 98083 2909 Mountain View Avenue N THE SOUTH 10 FEET OF LOT 69; ALL OF LOTS 70,71, AND 72; IN BLOCK "A" OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATILE NO. 1 AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT OF THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR City of Renton Department of Community & Economic Development Joos Family LLC Pier Shoreline Management Permit LUA16-000316, ECF, SM, MOO DATE OF PERMIT: June 30, 2016 SEC-TWN-R: PROJECT WITHIN THE SHORELINE OF: APPLICABLE MASTER PROGRAM: Page 2 of 13 COURT CAUSE NO. 156371. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON SEC31-TWN24-RS Lake Washington, Reach E City of Renton PROPOSAL DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3' -11" width for the first 30 feet. The remainder of the walkway is to be 5' -11". The pier will have a 5' -11" by 23' -1" ell and a 1' -11" by 23' -1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (lY," minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). The estimated fair market value ofthe project is $152,000. The freestanding boatlift is proposed to be installed in 4'-6" water depth at the landward most side. The freestanding grated platform lift is proposed to be installed in 7'-1" water depth at the landward most side. The water depth at the end of the pier is estimated to be 9' -7". Construction materials would be stored on a barge and brought to the site. The date of construction would depend on when the necessary government approvals are issued. 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 2016. A silt containment curtain would be installed around the work area. The pier would provide moorage and facilitate access to Lake Washington for the owner of the upland property. The subject property has approximately 108 feet of Lake Washington shoreline. The shoreline is currently encumbered by a failing concrete bulkhead, rock, and other debris, which is proposed to be removed as part of the project mitigation. The planting migiation plan includes the installation of the following plants: 3 serviceberry, 10 City of Renton Department of Community & Economic Development Joos Famlly LLC Pier DATE OF PERMIT: June 30, 2016 Shoreline Management Permit LUA16-000316, ECF, SM, MOD Page 3 of 13 bloodtwig dogwood, Oregon grape, 16 dwarf oakleaf hydrangea, 7 subalpine spirea, stonecrop, 3 red-flowering currant, 3 birch or Aspen trees, small fruited bulrush, daggerleaf bulrush, 7 iris, lawn and large areas of kinnickinnick. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS-M} was issued for this project on June 6, 2016 with one mitigation measure. The appeal period of the determination ended June 24, 2016. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permits for the construction of a pier connected to the shoreline and installation of a freestanding boat lift and a freestanding 8-foot by 10-foot grated platform lift for the use of a residential property. 2. The site currently is developed with one single family residence, with landscaping between the structure and shoreline. A failing concrete bulkhead, rock, and debris currently line the shoreline of the project site. The adjacent properties on the north and south sides are developed with residential homes and piers. 3. The pier would project waterward from the shoreline approximately 140 feet and have a boat lift and a grated platform lift installed on the south side of the pier approximately 60 feet and 110 feet from shore. 4. The pier and lifts would provide moorage and facilitate access to Lake Washington for use by residents and guests at 2909 Mountain View Ave N. 5. The pier area is 951 square feet in area, fully grated, with the walkway 3'-11" in width from the shore to a distance of 30 feet waterward, and increases to 5'-11' in width to the end of the walkway, 140 feet waterward. The pier would be supported by twenty 6-inch diamter galvanized steel piles in the water and two 10-inch diameter mooring pilings. 6. The boat lift dimensions are approximately 20 feet by 10 feet and the freestanding platform lift dimensions are 8 feet by 10 feet. 7. The boat lift and freestanding platform lift are accessory to the pier, and are permitted outright per RMC Table 4-3-090.E.l Shoreline Use Table, and would be located within water that is approximately 4' -6" and 7'-1" deep. 8. The pier would not extend waterword from the shoreline past the Inner Harbor line; therefore the entire pier is located within the City of Renton citylimits. 9. The subject site has priority habitat and is located in areas regulated by the City of Renton Shoreline Master Program for Lake Washington. City of Renton Department of C unity & Economic Development Shoreline Management Permit LUAl6-0003l6, ECF, SM, MOD Joos Family LLC Pier DATE OF PERMIT: June 30, 2016 Page 4 of 13 10. 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. 11. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS- M) was issued for this project on June 6, 2016 with 1 mitigation measure. The appeal period of the determination ended June 24, 2016. No appeals were filed. 12. A Biological Evaluation/Lake and Stream Study Report by Marine Surveys & Assessments, dated April 15, 2016 was submitted with the project application and 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. 13. The planting mitigation plan includes the installation of the following plants: 3 serviceberry, 10 bloodtwig dogwood, Oregon grape, 16 dwarf oakleaf hydrangea, 7 subalpine spirea, stonecrop, 3 red-flowering currant, 3 birch or Aspen trees, small fruited bulrush, daggerleaf bulrush, 7 iris, lawn and large areas of kinnickinnick. 14. The following table contains project elements intended to comply with the Shoreline Master Program standards and policies, as outlined in RMC 4-3-090: ,/ 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 City of Renton Department of Community & Economic Development Joos Family LLC Pier DATE OF PERMIT: June 30, 2016 Shoreline Management Permit LUA16-000316, ECF, SM, MOD Page 5 of 13 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. :}/'.-,-:·_-{: , : ._:_ JI, -'c:{7,-. \\--,,_,-,.,.:i:lii:/'_::4: ,_,., · 8j.DE\fEtOP_I\IIEN'!Dst:AND'AAnS!:i'i',~ . 0 'Tri~··S11bj~ctJ1tJ'Wi\~~l:i~~i~iij;WHt-be••'cated is • S1l~relliie-':?"~rtf~~'i1g.l1!!f~lJ~~\~~;~~velopment 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 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 a Biological Evaluation/Lake and Stream Study Report by Marine Surveys & Assessments, dated April 15, 2016, stating that the project and mitigation measures and proposed plantings provide far no net loss of ecological functions and values. During the 14-day public comment period, staff received the fallowing comments from the Muckleshoot Indian Tribe ''The planting plan should be revised to include native trees and shrubs that will overhang shoreline. Most af the plants shown adjacent ta the shoreline are too short (i.e. kinnickinnick) and/ar are non-native (i.e. White Bark Himalayan birch (Betula jacquemonti). A robust planting plan is needed ta partially mitigate for the overwater and inwater coverage from the new -972.80 square foot pier and bootlifts in depths less than 15 feet of Lake Washington" (Exhibit 14). These comments were provided to the applicant; however the applicant elected to not revise their planting plan. To address the comments received /ram the Muckleshoot Tribe and to ensure that any adverse impacts to juvenile fish species are adequately mitigation, the City imposed a SEPA mitigation measure requiring that a final planting plan including overhanging native trees and shrubs be submitted at the time of building permit review. With the implementation of this mitigation measure, staff anticipates that the proposal would provide no net loss of ecological functions and values 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 City of Renton Department of Community & Economic Development Joos Family LLC Pier Shoreline Management Permit LUA16-000316, ECF, SM, MOD DATE OF PERMIT: June 30, 2016 Page 6 of 13 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 N/A trails. Staff Comment: The proposed pier and two lifts are not a primary structure and wauld not impact any views of neighboring properties. 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 pier and lifts are less than 35 feet in height above the waterline. The pier is proposed to project waterward from the shoreline, which is a lower grade than the building pads where the existing homes are built. 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 fixtures, light shields, and screening . ., Staff Comment: The applicant is proposing to place two small solar powered lights at the end of the pier to aid in pier visibility to avoid hazards in navigation and promote the general safety of boaters. The pier extends 140 feet over Lake Washington. The small solar powered lights will emit enough lights so that the dock will be visible to boaters at night but will be beamed upwards so as not to illuminate the lake. 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 N/A features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. Staff Comment: Not applicable, no mechanical equipment is proposed as part of this City of Renton Department of Community & Economic Development Joos Family LLC Pier Shoreline Management Permit LUA16-000316, ECF, SM, MOD DATE OF PERMIT: June 30, 2016 Page 7 of 13 ppraject. 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 lift and grated platform lift on the shared pier at their highest point would be below the top of the pier at the highest point without o boot. 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: There ore no stairs or paved walkways proposed as part of this project. The existing site is currently develaed with lawn area. A 15-faat wide enhanced vegetated buffer is proposed as mitigation adjacent ta the shoreline. Stone and sad walkways are proposed ta be incorporated into the mitigation area ta provide access ta the proposed beach area and pier. The 15-faat proposed enhanced buffer and soft shoreline mitigation would provide greater habitat functions and values than the existing lawn and concrete bulkhead. 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 ta generate noise, odors, lighting issues, or other water and land traffic disturbances beyond those that are part of water and boating related activities an the lake and that occur with a residential pier and maaroge facility. 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. Lake Washington Reach E: Public access shall be provided when lots are subdivided or new N/A nonresidential development occurs consistent with standards of this Section. Staff Comment: The project proposal does not include a subdivision or nonresidential development; therefore the public access requirement is not applicable. 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; City of Renton Department of Community & Economic Development Joos Family LLC Pier Shoreline Management Permit LUA16-000316, ECF, SM, MOD DATE OF PERMIT: June 30, 2016 Page 8 of 13 minimize impervious surfaces and runoff; protect riparian, nea.rsbore. and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values N/A 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 Evaluation/Lake and Stream Study Report provide an analysis, which concludes that the pier and associated boat and platform lifts are located in the least sensitive portion of the site. Additionally, the applicant will be required to comply with comments received from the Muckleshoot tribe through the adoption of a SEPA mitigation measure. Native plantings are to be installed in closer proximity of the Lake Washington shoreline and will include overhanging native vegetation. 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. As mitigation for the installation of the proposed pier, the applicant is proposing to replace an existing, failing concrete bulkhead, rock, and other debris with soft shoreline stabilization measures, including a beach comprised of 2" minus spawning gravel, native platings, and a rock bulkhead to be constructed upland of the ordinary high water mark. Any stabilization work if required in the future, would require a separate 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 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. City of Renton Department of Community & Economic Development Joos Family LLC Pier Shoreline Management Permit LUA16-000316, ECF, SM, MOD DATE OF PERMIT: June 30, 2016 Page 9 of 13 Stoff Comment: The project site is located in o single family residential area where most residences currently have existing piers. The properties immediately abutting the site to the north and south have piers, the proposed pier would be situated between these existing piers; therefore is is not anticipated that the propose pier would 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 may be required in areas with undocumented resources based on the probability of the ,/ presence of cultural resources. Staff Comment: The project proposal and notice of application were provided to reviewing agencies including the State Department of Archaeology & Historic Preservation (DAHP) as part of the SEPA review process. Na agency comments were provided that require any additional assessments or mitigation measures related to archaeological, historical, and cultural resources. 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. Stoff 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. City of Renton Department of Community & Economic Development Joos Family LLC Pier Shoreline Management Permit LUA16-000316, ECF, SM, MOD DATE OF PERMIT: June 30, 2016 Page 10 of 13 Staff Camment: 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. 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 pier is a facility primarily for moorage and use by the owner and guests of the residential property. 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: See the above report subsection 6. " Navigation and Recreation to Be Preserved ". 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 of adjacent piers. 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. City of Renton Department of Community & Economic Development Joos Family LLC Pier Shoreline Management Permit LUA16-000316, ECF, SM, MOD DATE OF PERMIT: June 30, 2016 Page 11 of 13 N/A Compliant if Condition of Approval and SEPA mitigation measure is met N/A Staff Comment: There is no existing pier to expand at the project location. In addition, the applicant provided documentation from the neighboring properties to the north and south af the project site stating that they would not be amenable to permitting the applicant to utilize their docks. 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 pier accessory to a single family residence on an existing lot. 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 submitted Biological Evaluation/Lake and Stream Study Report and planting mitigation plan included recommendations for project construction as well as mitigation of impacts through soft shoreline design and plantings. The City's Environmental Review Committee imposed a mitigation measure requiring that the planting plan be revised to include native trees and shrubs that would overhang the shoreline. It is anticipated that the project proposal would result in no net loss of ecological function, provided the proposal complies with the SEPA mitigation measure as well as the recommendations provided within the Bioligical Evaluation/Lake and Stream Study Report. Staff recommends, os o condition of approval, that project construction be required to comply with the recommendations provided in the Biological Evaluation/Lake and Stream Study Repart by Marine Surveys & Assessments, dated April 15, 2016. 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 residence is proposed through the construction of an over-water pier, boat lift, and platform lift. The proposed pier is the City of Renton Department of Community & Economic Development Joos Family LLC Pier DATE OF PERMIT: June 30, 2016 Shoreline Management Permit LUA16-000316, ECF, SM, MOD Page 12 of 13 minimum sized required to provided mooroge to the proposed single family residence. The pier length does not extend beyond o 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 June 6, 2016. 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. 4. Project construction shall be required to comply with the recommendations provided in the Biological Evaluation/Lake and Stream Study Report by Marine Surveys & Assessments, dated April 15, 2016. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: ~ Jennifer Henning, AICP, Planning Director Department of Community & Economic Development 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 City of Renton Department of Community & Economic Development Joos Family LLC Pier DATE OF PERMIT: June 30, 2016 Shoreline Management Permit LUA16-000316, ECF, SM, MOO Page 13 of 13 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: Joos Family LLC Pier and Planting Plans, Sheets 1-12, prepared by Marine Restoration & Construction LLC, dated March 17, 2016 cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Paul Joos, Joos Family LLC/Owner Party(ies) of Record ii i ' ~ ~ JOOS FAMILY LLC PIER LAKE FOREST PARK KENMORE JUANITA KIRKLAND BELLEVUE RENTON LAKE MAP/NO SCALE APPLICANT: JOOS FAMILY LLC SITE ADD. 2909 MOUNTAIN VIEW AVE N RENTON, WA 98056 MAIL ADD. 4057 WILLIAMS AVE N RENTON WA 98P56 PAGE: 1 OF 12 DATE: 3/17 /16 VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION: (PARCEL No. 3342103953) THE SOUTH IO FEET OF LOT 69; ALL OF LOTS 70,71, AND 72; N 1 / 4 SEC: SE-21-24-5 LAT: 47"31'04.7640" LONG: -122'12'35.5320" DECIMAL CONVERSION: LAT: 47.51799 LONG: -122.20967 IN BLOCK ''A'' OF C.D. HD..LMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. l AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT OF THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371. SITUATE JN TIIE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON SHEET INDEX: 1. COVER PAGE 2. EXISTING SITE PLAN 3. EXISTING PLAN VIEW 4. PROPOSED PLAN VIEW 5. PROPOSED ELEVATION 6. DETAIL SECTIONS 7. DETAIL SECTIONS 8. CONSTRUCTION DETAILS ADJACENT OWNERS: G) CONNER, CHARLES 3001 MOUNTAIN VIEW AVE N (l) REIMERS, MILTON & BEVERLY 2905 MOUNTAIN VIEW AVE N LOCAL JURISDICTION: CITY OF RENTON 9. PROPOSED BEACH MITIGATION 10. DETAIL A, 1 & 2 11. DETAILS, 1 &2 12. PROPOSED PLANTING MITIGATION PLAN PAGE 1 of 12 PROPOSED: CONSTRUCT A PIER. CREA TE A MORE NA TLRAL BEACH. IMPLEMENT A PLANTING PLAN. PURPOSE: TO CREA TE MOORAGE DA TUM: C.O.E a MARINE RESTORATION & CONSTRUCTION LLC P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM lHIS DRAWING IS PROPERTY OF MARINE: RESTCRAllc»I .t CCl,ISlRtJcno.t LLC AHO YAY NOT BE C<l'Ell OR REf>ROOUCE) NTHOOT ~TIEN C(JISENT NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. <.,"' ~ '%.,, "'-q, --'"' 19 [1111 GRAPHIC SCALE 70' 0 35' 1111 I I --1" = 70" 70' I n PARCEL 3342103985 2905 MOUNTAIN VIEW AVE N REIMERS, MIL TON & BEVERLY EXISTING SITE PLAN @ SCALE: 1' = 70' p 1\ ,• ' ' \ ' ' \ I ' ' I ' ' I ' ' I ' ' ' ' I ' ' ~ I ' ' I ' ' I ~ a PAGE2of12 I . ~ MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 S E MAIL· INFO@MARINELLC COM lHIS DRAWING IS PROPERTY OF MARINE RESTORATION & CONSTRUCTION Ll.C ANO ~ -, • MAY NOT BE COPtED OR REPROOUCEO WllHOUT ~TlEN CONSENT MARINE RESTORATION & CONSTRUCTION LLC CONCRETE BULKHEAD ----,...L,--- CONCRETE SLAB GRAPHIC SCALE ~ "'~f~ _J {? '!'fj EXISTING WATEe ff I!/ PUMP ~ A1 tx~ ~<®> -1:!i 40' 0 20· 40' • -Ill : : 111 = 40" EXISTING SITE PLAN SCALE: 1' = 40' g 11 NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. KJ ~ i/, 1"4$ !i§ff "lf t) PAGE 3 of 12 i I : a MARINE RESTORATION & CONSTRUCTION LLC ~ MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 6 . [ MAIL· INFO@MARINELLC COM THIS DRAWING 15 PROPERTY Cf' MARINE RESTORATION & CONSTRUCTION L.LC AND i -. . MAY NOT BE COPIED OR REPRODUCED 'MlHOUT WRITIEN CONS£NT . • • ~ • ;, a i NOTE: LIFT LOCATIONS DEPICTED ARE THE OPTIMUM LOCATIONS. THE LIFTS MAY BE A MAXIMUM OF 5' (+/-) FROM THIS LOCATION DUE TO SITE CONDITIONS. 40' f------95'\-6" (+/-) ---~-i 54'-6" (+/-) 5'-11" - SOLAR POWEREfD LED LIGHTS ~ 1·-11~ ] f PROPOSED FREESTAj,JDING ______.-1---f-- B'x10' GRATED PLA'fFORM LIFT LOCATION. PROPOSED! BOATUFT LOCATION SANITARY SEWER LINE TO BE DIVE LOCATED PRIOR TO CONSTRUCTION 7 GRAPHIC SCALE ff fj 0 20' 40' .. ~ ,;;f~ 0 /'/ j!;~~ ~2~/q "~g~ '<i 27'-0' (+/-) Project Description: I • • I I ,s·-o· 1 b",t MOORING PILE~.(2) Construct a dock with glulam sides, ACZA stringers, and galvanized steel caps and 6" diameter piling (20). Drive two l O" diameter mooring piling. Install a freestanding boatlift and a freestanding grated platform lift. As mitigation, the applicant proposes to create a more natural beach and to implement a planting plan. Proposed dock sqaure footage: 951 ~ t'dh, so'-o" ~ Ji ~ l, 5•_.....i, i"i flff fif;;;J RASS SEWER TAGS TO "'"~ BE PLACED ON 80TH SIDES OF THE PIER WHERE THE SEWER LINE IS LOCATED, Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. 1111 • 11 t t PROPOSED PLAN VIEW ~ a 1" = 40" SCALE: 1" = 40' PAGE 4 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO©MARINELLC.COM THIS DRAWING IS F'RDPERTV OF MAR/NE RESTORATION ~ CONS1RUC110N LLC ANO MAY NOT BE COF'IED OR REPROOUCED WITI-IOUT WRITTEN CONSENT . ~ i • ~ < 0 ~ Project Description: Construct a dock with glulam sides, ACZA stringers, and galvanized steel caps and 6" diameter piling (20). Drive two 1 O" diameter mooring piling. Install a freestanding boatlift and a freestanding grated platform lift. As mitigation, the applicant proposes to create a more natural beach and to implement a planting plan. Proposed dock sqawe footage: 951 2'-0" 140·-o~ NOTE: LIFT LOCATIONS DEPICTED ARE THE OPTIMUM LOCATIONS. THE LIFTS MAY BE A MAXIMUM OF 5' (+/-) FROM THIS LOCATION DUE TO SITE CONDITIONS. PROPOSED FREESTANDING BOATllFT OHWL IN 4'-6" WATER DEPTH AT THE LANOWARD MOST SIDE. a ~- " n -· ~ .. '. , ' . ,. ,. 1 II II II j i--------------1t0'-0" (+/-) PROPOSED ELEVATION VIEW SCALE: 1' = 20' II I 9'-7" (+/) - PROPOSED FREESTANDING GRATED PLATFORM LIFT IN 7'-1" (+/-) WATER DEPTH AT THE LANDWARD MOST SIDE. PAGE 5 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P .0. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRA'IIING IS PROPER1Y Of' MARINE RESTOR,,nON ac CONSTRUCTION LLC ANO MA'f NOT BE cef'IEO OR REPRODIJCEtl MlHOUT \ffllnEN CONSENT 5);"X12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING ·1f THRU BOLTS LOW VOLTAGE LIGHTS (20) f THRU BOLTS ON 3' CENTERS (TYP) SEE CONNECTION DETAIL ON PAGE 9. 2'-6" 1'-6" 3'-0" (TYP) W6X15 GALVANIZED STEEL "I" BEAM PROPOSED TOP VIEW SCALE: 112" = 1'-0" 2X4 NAILERS 18n Q.C. 2'-0" PLASTIC THRU-FLOW GRATING ..-,--2X4 NAILERS 1B" O.C. 3x6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) PLASTIC THRU-FLOW GRATING 2X3 STEEL ANGLE BRACKET 5)k"X12" GLU-LAM BEAM A IT ACHED TO EACH SADDLE USING t." THRU BOLTS 3x6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) ii GALVANIZED STEEL PLATE NEW GALVANIZED STEEL PILES (TYP) OHWL PROPOSED SECTION DETAIL SCALE: 1/2" = 1'-0"' PAGE 6 of 12 ;a ~ P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM FAX: (425) 576-8669 ==~'::"111(F.::!cm~~~uc ~!.'===================================~ MARINE RESTORATION & CONSTRUCTION LLC 5)i"X12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING *n THRU BOLTS LOW VOLTAGE LIGHTS (20) l" THRU BOLTS ON 3' CENTERS (TYP) SEE CONNECTION DETAIL ON PAGE 9. 3'-0" (TYP) 2'-6" 1'-0" 1'-6" W6X15 GALVANIZED STEEL "t" BEAM PROPOSED TOP VIEW SCALE: 1/2' = 1'-0"' 2X4 NAILERS 15n Q.C, PROPOSED SECTION DETAIL SCALE: 112" = 1'-0" PLASTIC THRU-FLOW GRATING 2X4 NAILERS 15" o.c. 3x6x16 GALVANIZED STEEL SADDLE !" THICK (TYP) PLASTIC THRU-FLOW GRATING 2X3 STEEL ANGLE BRACKET 5Ji"X12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING *. THRU BOLTS Jx6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) OHIII_ i" GALVANIZED STEEL PLATE NEW GALVANIZED STEEL PILES (TYP) PAGE 7 of 12 "'-------------------------------------------------~ :a ~ P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM FAX: (425) 576-8669 !:=':~':"'1111F~~.:n,.~lLC ~L'===================================='J MARINE RESTORATION & CONSTRUCTION LLC jj • ~ • ~ < • ~ 5}aX12 GLULAM BEAM (24F-VB) JX6X16XI! GALV STEEL SAOOLE &• GAL Y. STEEL PILE 3X6X16 GALVANIZED STEEL SADDLE 1/2" THICK (TYP.) GAL.V. W6X15 PER PLAN t -----1;::··-··=:1. !f~~:~ _it1--lf;~~r-· _M§_ J}'i6 3" MARINE GRADE SS SCREW 3/4" THROUGH BOLTS ON 3' CENTERS-TYP. 5)f,"X12" GLU-LAM ~ GAL V. STIB. PLASTIC lHRU-FLDW GRATING 3X4 NAILER 3/4" GALVANIZED CARRIAGE BOLT AT EACH CONNECTION CQ~NECTION DETAIL N.T.S. 0 CONNECTION DETAIL NOTTO SCALE 'x3' THRU-FLOW PANEL FASTENED AT 6 PLACES EA. 3' TH RU-FLOW GRATED PANEL N.T.S. 12X60X1.2 THRU-FLOW PANEL FASTENED AT 10 PLACES EA. 5' THRU-FLOW GRATED PANEL N.T.S. PAGE 8 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM TttlS DRAWING IS PROPER"N OF MARINE RESTORATION 6: CONS1RUCT10N lLC ANO MAY NOT BE COPIED OR REPROOUCEO WITHOUT WRITIEN CONSENT ~ • ~ • ~ • • ~ MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATIONBEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNING GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. fri~ :--I ):;;._ .·. •. . • . .. · . . • . I T°] ;;:; '. '. .• . . , .... " . -· .. _. __ :CJ! 3?-\ _-®· : ··.· ·: _·._·.:-: :::--:-:'i·_' >-., : . .-..... : . .. , .. /· ,lil271-'····. . • • • ~. -• • : :· :· • -· 3 • :-f • 6-· • ; ·' • ,i II~ /( / 7) ,?'·,· · .. · ·.· :_. ·_: . ·:_-.'.· . : . Y-v=--.: """'),_ .' '. :: ~4-• ', 50 CUBIC YARDS OF 2 .. MINUS SPAWNING GRAVEL (1j" SPAl',\NG GRAVEL MAY SUBSTITUTED IF 2" MINUS IS NOT OBTAINABLE.) . ·-..... ·. , .. ~· .· .. ., . . < . . .. ~ . ., ... .. . .. • 1 -. • 01:d-WLt .... : ... : ~• "" . :., f ': . . . . . • :0. ~. ~ . . ' . . . --• .. .. •, .. .. -~. . -· .. · . ,· .,...... FJ..AT WA'SHEO GR.AN1TE, •. 0/-, . .R?CK !iTEP~ • • •• ~ . .. ~. . . ... . ' . OC/J V) G C) ·o;, I @~ ®-4 4/ .-• , . . . . ... . ·• 0 .QHWL . a EXISTING PUMP TO REMAIN GRAPHIC SCALE 10' 0 5' 10· Ill -Ill j j 1" = 10· @_J PROPOSED BEACH MITIGATION SCALE: 1 '=1 O' NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources inc1uding field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. t) PAGE 9 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRAWING IS PROPERTY OF MARINE RESTORATION at CONSTRUCTION LLC AND MAY NOT BE COPlED OR REPRODUCED 'MTI-IOUT WRITIEN CONSENT . ~ i • ~ ~ a ' MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATIONBEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNIGN GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. CONCRETE STEPS I .:()~·\ ~4·>·_-"::..--:·. ~.! S0 CUBIC YARDS OF 2" MINUS SPAWNING GRAVEL <I!" MINUS MAY BE SUBSTITUTED IF 2" MINUS IS NOT ATTAINABLE). SECTION A1: EXISTING SHORELINE SCALE: NTS FLAT WASl4ED ROUND GRANITE ROCK STEPS EME""'ENT FLANT&. &EE FLANTINc. FLAN ON FAGE 1 FOR Mor;<E DETAIL&. MAXIMUM SLOPE IS 1/4 --... -~_-,!;1:~:,-·1c::-,-,,_:.,;·,::"f"i.·;r SECTION A2: · · SHORELINE SCALE:NTS &EE FAGE II F°"' PLANTING DETAILS ~'"i!'' MJNLl& CiiRAVEL .· .. : ,. . . .. . GEOTEXTILE FIL re:~ FAe·~1c ,&U-8" CRU&He:D .. ROCK. PAGE 10 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM ~~ :~~\~iE:~0:;r~oo~~~E\111~~~~ ~mi¥cTioN LLC AND ~ i • ~ ~ :; ' MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATIONBEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNIGN GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. SECTION B1: EXISTING BULKHEAD SCALE: NTS LOOSE ROCK AND DE6Rl5. EXISTING CONCRETE 6ULKI-IEAD MAXIMUM SLOPE 15 1/4 SEE F.AG:E II FOR Fl-ANTING DETAIL SO CU61C YARDS OF 2" MINUS SPAWNING GRAVEL (lj" MINUS MAY 6E 5U65TITUTED IF 2" MINUS 15 NOT ATTAINABLE). 2 -4 MAN UJASI-IED ROUND GRANITE ROCKS, SEE BEACH MATERIAL SPECS. TOP SOIL ~J~", MNU5 diRAvEL ,,.....,..,.,=--,. · .. · ""GEOTEXT1LE ~ " FILTEl-=i FA6RIC ·•· . ·. i& ''-8" CRU&I-IED ·. 'ROCK LOOSE ROCK; DEBRIS; AND CONCRETE SECTION B2: PROPOSED BULKHEAD · i?IJLKHtAD TO BE REMOVED AFTER 51-!0RELINE 5T A61LIZATION I-IA5 6EEN COMPLETED 6EI-IIND Tl-IE 01-!UJL SCALE:NTS PAGE 11 of12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM TH!S ORAWING IS PROPER'TY OF MAAtNE RESTORATION ok CONSlRUCTION Ll.C ANO MAY NOT BE COPIED OR REPROOUctO WITHOUT ~TTEN CONSENT LEGEND: --- PLANTS: lYPE: QlY: SIZE: SYMBOL: 1. AMELANCHIER ALNIFOUA 0 SERVICEBERRY 3 5'-6' 2. BETULA JACQUEMONTI @) BIRCH 3 1.S" CALIPER 3. ARCTOSTAPHVLO UVA-URSI ~ KINNIKlNNICK 183 #1@2'0C 4. CORNUS SANGUINEA Q BLOODTWIG DOGWOOD 10 #5 S. MAHONIA NERVOSA OREGON GRAPE 30 #1@2'0C 6. HYDRANGEA QUERCIFOLIA Q DWARF OAKLEAF HYDRANGEA 16 #5 7. SPIREA DENSIFOUA SUSALPINE SPIRAEA 7 #2 ® PLANTS: lYPE: 8. RIBES SANQUINEUM RED FLOWERING CURRENT 9. SCRIPUS MICROCARPUS SMALL FRUITED BULLRUSH 10. JUNCTUS ENSIFOLIUS DAGGERLEAF RUSH 11. IRIS TENAX IRIS 12. SEDUM SPALHIFOLUM STONECROP (MIXED) 13. SEDUM OREGANUM STONECROP (MIXED) OTHER MITIGATION: QlY: 3 12 7 7 2 2 SIZE: #5 #1 #1 #1 4" FLATS 4" FLATS SYMBOL: @ ~ ~ -* -THE APPLICANT PROPOSES TO CREATE A MORE NATURAL BEACH AND TO PLACE 50 CUBIC YARDS OF 2" MINUS SPAWNING GRAVEL (li" MAY BE NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added infonnation from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. Ir SUBSTIUTED IF 2" MINUS IS NOT AVAILABLE). , : ••• '. c:::zs .... .. ,,.,· :tf"f}~.'·(<,: ::\\: r--~ cl ......... c:: VJ < /;::] t:7 VJ :0 ,·, .. ,, ~ :g · okwi; .. : PROPOSED PLANTING MITIGATION PLAN SCALE: 1" = 15' STONE PATHWAY GRAPHIC SCALE , .,. 0 7.5' 15' • -.. j j 1 • = 15' PAGE 12 of 12 i I ! a MARINE RESTORATION & CONSTRUCTION LLC ~ , MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-B661 • E MAIL INFO@MARINELLC COM lHIS DRAWING !S PROPERTY OF WARINE RESTORATION & CONSTRUCTION LLC AND t -: , MAY NOT BE COPIED OR REPRODUCED WllHOUT WRITTDI CONSENT MARINE RESTORATION & CONSTRUCTION LLC P.O. Box 884 Kirkland, WA 98083-0884 Phone: (425) 576-8661 LEGAL DESCRIPTION: (PARCEL No. 3342103953) THE SOUTH 10 FEET OF LOT 69; ALL OF LOTS 70,71, AND 72; IN BLOCK "A" OF C.D. HlLLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1 AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT OF THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON DEPARTMENT OF COMMl rY AND ECONOMIC DEVELOPMENT -----~--Relltoll E) 1 Planning Division LAND USE PERMIT MASTER APPLIQATION i PROPERTY OWNER(S) PROJECT INF! RMATION NAME: Joos Familv LLC PROJECT OR DEVELOPMENT N ii.ME: Joos Family LLC Pier ! ADDRESS: 4057 Williams Avenue North PROJECT/ADDRESS(S)/LOCATltN AND ZIP CODE: 2909 Mountain View Avenue Nprth, Renton, WA 98056 CITY: ZIP: ! Renton 98056 TELEPHONE NUMBER: 14251277-1000 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): ! 3342103953 APPLICANT (If other th,n owner) NAME: EXISTING LAND USE(S): Single ramily residential Paul Joos ! COMPANY (if applicable): PROPOSED LAND USE(S): SigleJfamily residential (no change to use) Joos Family LLC ADDRESS: 4057 Williams Avenue North EXISTING COMPREHENSIVE P~ MAP DESIGNATION: RMD -Residential Medium Oe~isty PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) No change proposj!d Renton 98056 TELEPHONE NUMBER: EXISTING ZONING: R-8 /4251277-1000 : CONTACT PERSON PROPOSED ZONING (if applicabi;J: No change proposed NAME: SITE AREA (in square feet): 45,319 Contact: Rebecca Henderson COMPANY (if applicable): Marine Restoration & SQUARE FOOTAGE OF PUBLIC ~OAOWAYS TO BE DEDICATED: NIA i Construction LLC -- ADDRESS: P.O. Box884 SQUARE FOOTAGE OF PRIVAT~ ACCESS EASEMENTS: NIA i ' PROPOSED RESIDENTIAL DENl:llTY IN UNITS PER NET CITY: ZIP: ACRE (If applicable) NIA . Kirkland 98083 ! TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS {!f applicable) ( 425) 576-8661 info@marinellc.com NIA NUMBER OF NEW DWELLING UIIIITS (if applicable): ' NIA 1 1 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\0ocuments\Permits\Clty Forms\masterapp.doc Rev:08/2015 I )JECT INFO RMA T,.:.clO=-=Nc.:....i..::(1c:...=o..:..._1 -----=u=-=e=d,,__\_+--------. -- NUMBER OF EXISTING DWELLING UNITS (if appHcable): 1 PROJECT VALUE: $152,000.00 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A IS THE SITE LOCATED IN ANY TJ(PE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE [rf applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN [rf applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 744 SQ. FT. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT [If applicable): NIA -- i 0 AQUIFIER PROTECTION f\REA ONE 0 AQUIFIER PROTECTION f\REA lWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATIO~ D SHORELINE STREAMS &;LAKES D WETLANDS . LEGAL DESCRIPTION OF PROPERTY ! --sq.ft. --sq.ft. --sq.ft. --sq.ft. --sq.ft. I Attach ,...,al descrlntlon on seoarate sheet with the followlna lnfonnatloil Included) ! SITUATE IN THE SE QUARTER OF SECTION 31, TOWNSHIP 24, RANGE~. IN THE q1TY OF RENTON, KING COUNTY, WASHINGTON , i • AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Paul Joos of Joos Family LLC, declare under penalty of perjury under the laws of the State c,f Washington that I am (please check one) D the current owner of the property involved in this application or O the authorized repr+sentative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein con~lned and the Information herewith are in all respects true and correct to the best of my knowle~and pelief9 1 ~ · l""'-"Y'"' J,-rt>-7 ~ ~ ~3-;;) ,_,, -----------'--------- STATE OFWASHI COUNTY OF KING ntative ) ) ss ) Date Signature of Owner/Representative -Date I certify that I know or have satisfactory evidence that Ycu.,vj t\J ~ S signed tt,is instrument and acknowledge It to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. ft?~;).f-,}--0((; ~·~~ Dated NotaryPubttciand for the State o~ Sht,( l~ fa~~ IC<Mkll<f>:-: Notary (Print): My appointment expires: 2 C:\Users\Rob\Dropbox\ProJectsVoos_Paul Dock 2016\Documents\Permits\City Forms\masterapp.doc Rev: 08/2015 MARINE RESTORATION & CONSTRUCTION LLC P.O. Box 884 Kirkland, WA 98083-0884 Phone: (425) 576-8661 Project Name: Proposed Work: Project sequencing: Project caveats: Project Narrative: Joos Family LLC Pier The applicant proposes to construct a 140 foot pier. The main walkway will begin with a 3 '-11" width for the first 30 feet. The remainder of the walkway is to be 5' -11". The pier will have a 5' -11" by 23' -1" ell and a I' -11" by 23 '-I" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two IO" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8 foot by IO foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of2" minus spawning gravel (IW' minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. Pier Construction: Mobilize to the site. Set up the containment boom. Drive galvanized steel piling. Construct the pier on and/or off the site. install the boatlift and platform lift. Beach Enhancement: Mobilize to the site. Erect the silt curtain. Perform shoreline stabilization behind the existing bulkhead and Ordinary High Water Mark. Remove the existing rock, concrete bulkhead, and debris. Place rocks, plants, and spawning gravel. The timing of the placement of the plants and spawning gravel is dependent on in-water work windows and plant survivability. Renton Municipal Code (RMC) section 4-3-090(#7) contains regulations for the construction of pier and docks. A Biological Evaluation performed by Marine Surveys and Assessments for the site states that the proposed project will have an overall net gain of ecological function. Please see the Biological Evaluation/Lake and Stream Study Report for more details. The proposed dock conforms to all geometric regulations found in RMC 4-3-090(#7) (d) design standards. The proposed length of the dock exceeds the maximum length of pier and docks found in the table of section 4-3-090(#7)(d). However, it is stated in the table notes of this section that the maximum length of a proposed pier or dock is 80 feet unless a water depth of IO feet cannot be obtained. It states that in such circumstances the dock may be extended until the water depth reaches a point of 10 feet of water depth at Ordinary Low Water. The proposed dock fits within this provision. RMC 4-3-090 table note 4 states: "That portion of a pier or dock beyond thirty feet (30') from OHWM may be up to six feet (6') wide, without a variance, if approved by the U.S. Anny Corps of Engineers or the Washington Department of Fish and Wildlife." Other permits required: City of Renton Building Permit, Anny Corps of Engineers Authorization, Washington Department of Fish and Wildlife Hydraulic Project Approval, Department of Natural Resources authorization, and Authorization from the Department of Ecology. Current use of the site: Single family residential Proposed use of site: Single family residential (No change proposed to use) Special Site Features: The project is to occur on the shoreline of Lake Washington. Soil and Drainage: No change to the existing soil and drainage conditions is proposed with this application. No formal soil or drainage assessment has been performed. Estimated Valuation: $152,000.00 Fill Quantity: The proposed project entails the installation of 50 cubic yards of washed round 2" minus spawning gravel (I W' minus gravel may be used if 2" minus gravel is unavailable). Trees to be removed: The proposed project includes the removal of invasive species and other plants to implement the mitigation panting plan. Distance of Work to Ordinary High Water Mark: The pier construction and spawning gravel installation will take place beyond the Ordinary High Water Mark. The shoreline stabilization is to occur behind the Ordinary High Water Mark. In water work will take place during in water work windows. Nature of Shoreline: The existing site has a mixture of a concrete and rock bulkhead with concrete steps. The shoreline contains washed up debris. The proposed shoreline concrete bulkhead and steps will be removed. Spawning gravel and a more natural beach area with emergent plants and native plants along the shoreline will result from this project. Project Goals and Purpose: The proposed project will provide the resident with moorage. The proposed project is intended to improve and enhance the shoreline of the site aesthetically, environmentally, and structurally. Proposed Modifications: Marine Restoration & Construction LLC are submitting a Code Modification Request to the Public Worlcs Department to request a waiver of the street improvement requirement. The site is too close to the railroad setback and other adjacent properties make it impossible to bring the street improvements to conformity. Shared Moorage: The adjacent neighbors to the North and to the South of the site have been contacted regarding their willingness to construct a joint-sue shared dock. The neighbors declined. Please see the attached email correspondence for more information. For: Paul Joos 2909 Mountain View Avenue North Renton, WA 98056 MARINE SURVEYS & ASSESSMENTS 267 Hudson Street Port Townsend WA 98368 (360) 385-4073 marine.surveys.inc@gmail.com Contents I. PROJECT DESCRIPTION ....................................................................................................................... 4 A. Project Location ................................................................................................................................... 4 B. Project Description ............................................................................................................................... 4 B. Lake and Stream Classifications .......................................................................................................... 4 C. Site Description .................................................................................................................................... 5 D. Ecological Functions of Lake Washington along the Study Area ....................................................... 5 E. Fish and Wildlife Use or the Area ........................................................................................................ 5 F. Project Details ....................................................................................................................................... 5 G. Action Area .......................................................................................................................................... 6 II. SPECIES AND HABITAT INFORMATION ......................................................................................... 6 A. Species Information .............................................................................................................................. 6 III. EFFECTS OF THE ACTION ................................................................................................................. 9 A. Direct Effects ........................................................................................................................................ 9 B. Indirect Effects ................................................................................................................................... I 0 C. Interrelated/Interdependent Effects .................................................................................................... 12 D. Take Analysis ..................................................................................................................................... 13 E. Conservation Measures ....................................................................................................................... 13 F. Determination of Effect ...................................................................................................................... 14 G. Net-Loss Determination ..................................................................................................................... 14 IV. SHORELINE MITIGATION PLAN .................................................................................................... 15 A. Mitigation ........................................................................................................................................... 15 B. Performance Standards ....................................................................................................................... 15 C. Monitoring Plan .................................................................................................................................. 16 D. Maintenance and Contingency ........................................................................................................... 17 REFERENCES ........................................................................................................................................... 18 MS&A Joos New Dock and Bulkhead Replacement Project• 2 FIGURES .................................................................................................................................................... 21 Figure 1. Existing site plan ...................................................................................................................... 21 Figure 2. Proposed site plan .................................................................................................................... 22 Figure 3. Shoreline plan view ................................................................................................................. 23 Figure 4. Proposed beach mitigation ....................................................................................................... 24 ATTACHMENTS ....................................................................................................................................... 25 Attachment I. Photographs of the site .................................................................................................... 25 Attachment 2. U. S. Fish and Wildlife species list in the project vicinity .............................................. 30 Attachment 3. Essential Fish Habitat Assessment .................................................................................. 33 Attachment 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook. ............................ 35 Attachment 5. Assessment of Impacts to Critical Habitat for Coastal -Puget Sound Bull Trout ......... 37 APPENDIX A: Shoreline Mitigation Planting Map and Plant List.. .......................................................... 40 MS&A Joos New Dock and Bulkhead Replacement Project• 3 I. PROJECT DESCRIPTION A. Project Location V. Section SE31, Township 24N, Range 05E. 2909 Mountain View Avenue North Renton, WA 98056 Latitude: 47.517977°N Longitude: 122.210715°W B. Project Description The proposed project is to construct a new dock and boat lift and to stabilize the existing bulkhead and removing the dilapidated face of the bulkhead and removing debris at 2909 Mountain View Avenue North, Renton, WA 98056. The subject property is located along the eastern shore of Lake Washington in the City of Renton). The proposed dock would provide moorage and facilitate access to Lake Washington for the residents of the property and their guests. The subject property is located along Lake Washington, a Shoreline of Statewide Significance as provided in RMC 4-3-090Fl, and a Shoreline of the State under RMC 4-11-190. This Lake Study is prepared in accordance with the requirements of RMC 4-8-1200 with respect to the Lake Washington shoreline of the subject property. May Creek, a Shoreline of the State (RMC 4-3-090F2), is located approximately 0. 7 miles north of the site. The Cedar River enters Lake Washington approximately 1.2 miles south of the site. A number of factors were considered in determining the location of the proposed pier and boat lift. In establishing design parameters for the proposed pier and boat lift, it was required that it not interfere with the general public's use and enjoyment of Lake Washington, that it not pose a navigation hazard to boaters, and that it not interfere with the use of existing or future neighboring docks or piers. B. Lake and Stream Classificatio1,,, As mentioned above, as a Shoreline of Statewide Significance (RMC 4-3-090Fl), Lake Washington is included in the definition ofa Shoreline of the State (RMC 4-11-190). Lake Washington is a Class I lake as it is a perennial salmonid-bearing body of water classified as a Shoreline of the State (RMC 4-ll- l 90S I). May Creek is an important salmonid stream that is classified by the City of Renton and the State of Washington as Class I waters and included within the definition of a Shoreline of the State (RMC 4-3- 090F2). The Ordinary High Water (OHW) mark for Lake Washington is the line of mean high water (RMC 4-11- 150 Definitions 0). The Lake Washington water depth is controlled by the Army Corps of Engineers at the Hiram M. Chittenden Locks and is at 21.8' of lake elevation. MS&A Joos New Dock and Bulkhead Replacement Project• 4 C. Site Description Vegetation The existing vegetation at the site consists of: two small patches of small fruit bulrush (Scirpus microcarpus) and two small patches of dune grass (Leymus monis ), saplings of big leaf maple (Acer macrophyllum), and unidentified grass species (lawn). Non-native invasive species observed included: Himalayan blackberry (Rubus armeniacus) and English holly (flex aquifolium). Mitigation Options Many mitigation targets were identified on the shoreline riparian area in the immediate vicinity of the proposed shoreline stabilization replacement. In addition to the substantial amounts of non-native invasive Himalayan blackberry (Rubus armeniacus) along the top of the existing bulkhead, there is also one English holly (flex aquifolium) that can be removed. The entirety of the existing rock riprap and concrete bulkhead is in disrepair and eroding into the waters of Lake Washington, Its removal is suggested for mitigation. Additionally, the cove on this shoreline has retained a fair amount of trash and derelict debris such as washed up floats and booms, dislodged creosote logs, and various miscellaneous trash, all of which can be removed as mitigation. D. Ecological Functions of Lake V, ;; ,!n :cy.,un along the Study Area The proposed planted riparian vegetation will add significant organic matter to the lake substrate in the form of leaves and woody debris that fall and wash into the lake. This will provide additional source of food, shelter and shade for aquatic invertebrates and fish. This increased vegetation will also provide food and shelter for terrestrial insects, and in turn provide an additional food source for birds and animals that feed upon them. The addition of riparian vegetation to this site should also help water quality by filtering pollutants, removing nutrients and reducing sediments in any runoff from the adjacent upland development. The increased overhanging vegetation should facilitate the migration of juvenile salmon. E. Fish and Wildlife Use or the Ar•., 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 ESA. The restored gravel substrate and gently sloping bottom of the proposed cove beach should provide favorable habitat for winter rearing of salmon fry. F. Project Details The project consists of construction a new dock (951 ft 2) that will extend 140' into lake Washington from a shoreline stabilization replacement structure (Figures 1-3). The existing bulkhead is failing badly as seen in Attachment I. The replacement shoreline stabilization will be located immediately landward of the existing bulkhead. The replacement shoreline stabilization will be constructed landward of the existing bulkhead and then the existing bulkhead will be removed (Figure 3). A cove beach area will also be added immediately in front of the replacement shoreline stabilization. MS&A Joos New Dock ond Bulkheod Replacement Project• 5 The proposed dock structure will be composed of a 3 '-11" by 30' th~ .. 5 '-11" by 11 O' main dock structure. A 5 '-11' by 21 '-1" dock section will be added at a right angle to the main dock section. An additional l '-11' by 21 '-1" finger dock section will also be added to the main dock section to provide a boat slip (Figure 2). Twenty 6" diameter galvanized steel pilings will support the dock and two 10" diameter galvanized steel pilings will be installed to facilitate boat moorage. A freestanding boatlift will be located adjacent to the proposed dock 60' from the replacement bulkhead (Figure 2). An additional freestanding 8' by 10' grated platform lift will be located adjacent to the small finger dock. The dock will have glulam sides, ACZA stringers and galvanized steel caps and galvanized steel pilings. ThruFlow plastic grating (43% open area) will be installed on the dock. The piling will be driven with an impact hammer, using a thick wooden block as a sound attenuation measure, the wood block will be at least 6" thick. G. Action Area The action area should include the area within a one-mile radius of the project location. This area includes potential turbidity and noise impacts from the construction process. II. SPECIES AND HABITAT INFORMATION A. Species Information In the project area, the Puget Sound chinook ( Oncorhynchus tshawytscha) is listed under the Endangered Species Act as a threatened species according to the National Marine Fisheries Service (NMFS) (Federal Federal Register/ Vol. 64, No. 56 / March 24, 1999 I Rules and Regulations.). On May 11, 2007, NMFS also listed the Puget Sound steelhead (Oncorhynchus mykiss) as a threatened species under the ESA (Federal Register/ Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations). Bull trout (Salvelinus conjluentus) were listed as threatened by the United States Fish and Wildlife Service (USFWS) in October of 1999. On September 2, 2005, NMFS issued the final rule designating critical habitat for 12 Evolutionarily Significant Units (ESUs) of West Coast salmon, including the Puget Sound Chinook Salmon ESU and the Hood Canal Summer-run Chum ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook ESU (Federal Register/ Vol 70, No.170 I Friday, September 2, 2005 / Rules and Regulations). USFWS has designated critical habitat in Lake Washington for Coastal-Puget Sound bull trout (Federal Register/ Vol. 70, No. 185 / September 26, 2005 / Rules and Regulations). Puget Sound Chinook: Puget Sound chinook, also called the king salmon, are distinguished from all other Pacific salmon by their large size. Most chinook in the Puget Sound are "ocean-type" and migrate to the marine environment during their first year (Myers et al. 1998). They may enter estuaries immediately after emergence as fry from March to May at a length of 40 mm., or they may enter the estuaries as fingerling smolts during May and June of their first year at a length of 60-80 mm. (Healey 1982). Chinook fry in Washington estuaries feed on emergent insects and epibenthic MS&A Joos New Dock and Bulkhead Replacement Project• 6 MS&A crustaceans (gammarid amphipods, mysids, and cumaceans). As u,~y grow and move into neritic habitats, they feed on decapod larvae, larval and juvenile fish, drift insects, and euphausiids (Simenstad et al. 1982). These ocean-type chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. In the Lake Washington system, adult chinook salmon usually arrive at the Chittenden Locks in July, although there are some arrivals before and after July (Synthesis of Salmon Research and Monitoring. 2008). According to Fresh et al. (2000), the total time for salmon migration from the Locks to arrival at their tributary spawning grounds "can take up to 55 days, but averages less than 30." During much of this time, salmon hold in the upstream area from the Locks before moving through the Ship Canal and Lake Union. Fresh et al. (2000) found the average holding time to be from 17 to 19 days. After reach their spawning streams between September and November, spawning occurs from October to December. According to Tabor et al. (2006), "Fry emerge from their redds from January to March. Juvenile Chinook salmon appear to have two rearing strategies: rear in the river and then emigrate in May or June as pre-smolts, or emigrate as fry in January, February, or March and rear in the south end of Lake Washington or Lake Sammamish for three to five months." In the project area vicinity, juvenile chinook salmon from the Cedar River enter Lake Washington and rear in the south end of the lake primarily from January to May. Tabor et al. (2006) also reported that: Similar to results of 2002, juvenile Chinook salmon were concentrated in the south end of Lake Washington from February to May ..... Therefore, it appears that the lake shore area near the natal stream is an important nursery area for juvenile Chinook salmon. In Lake Washington, the major part of this nursery area appears to be roughly from Pritchard Beach on the west shoreline and the mouth of May Creek on the east shore and the south part of Mercer Island. In this area, the number of Chinook salmon would be expected to be relatively low until mid-May or June. The project site is approximately 0. 7 miles south of May Creek. In the same study cited above, it was found that marked chinook did not move far from their release site at Gene Coulon Park (approximately 0.98 miles south of the current project site). Marked juveniles were observed l, 7, 15, and 21 days after release at Gene Coulon Park. All of the marked salmon that the investigators observed had moved less than 150 m from their release site at the park. After moving slowly away south Lake Washington, juveniles reach the Chittenden Locks during the period between May and August, with peak migration through the Locks taking place in June. According to Kerwin (2001) chinook, coho, sockeye and winter steelhead use May Creek for spawning, rearing and migration. However, volunteers from the Volunteer Salmon Watchers Program have been observing salmon in May Creek since 2000. They have reported that only sockeye are seen consistently, while chinook, coho, cutthroat trout and kokanee salmon are less commonly seen. Hammer (2011) reported that the number of chinook varies from Oto 12 fish annually in May Creek. Joos New Dock and Bulkhead Replacement Project• 7 WDFW reported three live chinook and one redd in 20 IO spawn~. "urveys. Bull Trout: Coastal-Puget Sound bull trout have ranged geographically from northern California (at present they are extinct in California) to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern Japan and Korea. Bull trout are members of the char subgroup of the salmon family. Spawning occurs typically from August to November in streams and migration to the open sea (for anadromous populations) takes place in the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15 degrees Care thought to limit bull trout distribution (Rieman and McIntyre 1993). They live both in fresh and marine waters. Some migrate to larger rivers (fluvial), lakes (adfluvial), or saltwater (anadromous) before returning to smaller streams to spawn. Others (resident bull trout) complete all of their life in the streams where they were reared. Habitat degradation, dams and diversions, and predation by non-native fish threaten the Coastal-Puget Sound population. The Coastal-Puget Sound bull trout population is thought to contain the only anadromous forms of bull trout in the contiguous United States (Federal Register/ Vol. 64, No. 210 / November I, 1999 / Rules and Regulations). Two subpopulations of bull trout (also known as "native char") are considered within the Lake Washington area: the Chester Morse Reservoir population and the Issaquah Creek-Sammamish River population (Federal Register/ Vol. 64, No. 210 / November 1, 1999 / Rules and Regulations). "Only two 'native char' have been observed during the past 10 years in the Issaquah Creek drainage and none have been observed in the Sanunamish River system. It is questionable whether a viable subpopulation remains." (Federal Register/ Vol. 64, No. 210 I November 1, 1999 / Rules and Regulations). Puget Sound Steelhead: Wild winter steelhead enter the Lake Washington system in mid-December with peak spawning taking place in May. There have been high rates of predation by California sea lions at the Ballard Locks, which is one of the leading factors in the declining steelhead production in the Lake Washington system (1992 Washington State Salmon and Steelhead Stock Inventory. Appendix One -Puget Sound Stocks. Washington Department of Fish and Wildlife, Olympia, WA.). MS&A According to Kerwin (2001): The Lake Washington system supports one native winter steelhead stock but not a summer steelhead stock (SASS! 1994). The winter steelhead stock was listed in SASS! as "Depressed" but has recently shown some evidence of rebounding. A limited hatchery program utilizing the native winter steelhead stock was initiated in 1997 as a supplementation type program to assist in recovery of winter steelhead populations in the north Lake Washington tributaries. The sharp decline in Lake Washington winter stcclhcad was noted as a reason for concern by NMFS in their stock status review (Busby 1996). However, in a more recent analysis, between 1986 and 2004 escapement for the Lake Washington winter-run steelhead ranged from 1,816 ( 1986) to 44 (2004) (WDFW 2004). However, the escapement in 2015 was reported as only 6 (SCoRE). Based on the chronically low escapement and Joos New Dock and Bulkhead Replacement Project• 8 short-term severe decline in escapements, the stock status has de~.~ased from its 1992 "depressed" status to "critical" in 2002. WDFW has reported steelhead in the lower 3 miles of May Creek (Salmon Scape, 2010). Marbled Murrelets: Marbled murrelets are small marine birds in the alcidae family. They spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species (WDW, 1993). Adult birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch, Pacific herring, surf smelt and other small schooling fish, and feed on invertebrates. The project site is located in an urban environment adjacent to a major highway. There is a high level of ambient noise in the project vicinity. There is no nesting habitat near the site. Therefore, it is unlikely that murrelets will be present in the project vicinity. III. EFFECTS OF THE ACTION The status of each of the listed species in the action area has been provided. The proposed project has been described and the action area defined. When reviewing all the data, the potential direct and indirect effects of the proposed action on the listed species and their critical habitat should be considered. A. Direct Effects When considering the direct effects of the proposed project, one must determine if the proposed project will immediately reduce or destroy the listed species and/or their habitat. The potential, direct impacts caused by the construction process include increased noise and turbidity. Pile driving noise: The piling will be driven with an impact hammer, using a thick wooden block as a sound attenuation measure, the wood block will be at least 6" thick. Feist et al. (1992) reported that salmonids could be expected to hear pile driving noise approximately 2,000' from the source. Based on the studies at the Everett Homeport, these researchers concluded that pile driving did alter the distribution and behavior of juvenile pink and chum salmon. Turbidity: Increased turbidity caused by pile driving could, under certain circumstances, have adverse effects on salmon and bull trout. The effects depend on duration of exposure, concentration of turbidity and the life stage of the salmon during the increased exposure. The effects can be discussed in terms of lethal, sublethal or behavioral (Nightingale and Simenstad 2001a and Simenstad, editor, 1988). A silt containment curtain will be installed in the project area to contain and minimize turbidity impacts. MS&A To minimize the adverse effects of increased turbidity and noise on migrating salmonids and bull trout, inwater construction work will take place during the approved work window from July 16 to December 31. Overwater work can proceed outside of the inwater work window. Joos New Dock end Bulkheod Replocement Project• 9 8. Indirect Effects Indirect effects are effects of the project that occur later in time. For this project, indirect effects might include alteration of juvenile salmon migratory pathways, increase in salmonid predation and reduction in prey resources and refugia due to shading of the epibenthic substrate by the structure. Migratory pathway alteration: MS&A Freshwater: There were no studies specifically investigating the effects of piers on salmonid migration in lakes cited by Kahler et al. (2000) in their review of pier-related impacts in lakes. Concerning the lake environment, Kahler et al. (2000) state, "The question remains whether juvenile salmonids in lakes migrate under, or otherwise utilize, piers, or if they avoid them and/or traverse their perimeter." However, more recent reports have provided additional information concerning salmon responses to overwater structures. Tabor and Piaskowski (2002) noted that, "In February and March, chinook salmon were found using overhead structures (piers, docks, and overhanging vegetation) during the day but in April and May, no chinook salmon were ever observed using overhead structures. At night, chinook salmon rarely used overhead structures." The authors hypothesized that the overhead structures were being used as a substitute for natural overhead cover during the days in February and March. In a later study, Tabor et al. (2006) noted slightly different results. They state that, "When migrating Chinook salmon approach a pier they appeared to move to slightly deeper water and either pass directly under the structure or swim around the pier. Most likely they move to deeper water as a way of reducing their predation risk." The pier where these findings we made is approximately 7.8' wide, 138' long and had solid decking. The dimensions of the piers in the earlier study are not known. The results from the later study were noted in May and July, whereas the 2002 study results were for the earlier months of February and March. In another study, Tabor et al. (2011) reported that, "Juvenile Chinook salmon were rarely observed under an overwater structure during either daytime or nighttime." There were no details concerning the type of overwater structure where these observations were made -sold decking or grated overwater structures. The results of Celedonia et al. (2008) were similar to those of Tabor et al. (2000). Celedonia et al. stated, "Juvenile Chinook salmon generally avoided areas directly beneath overwater structures. However, areas along the edges of structures (within about 2 m horizontal distance) were sometimes used for prolonged periods (up to 2 hours in one case)." However, these authors offered the following qualifying statement: These observations may be representative of holding fish near structures in general, but may not be an accurate indication of how untagged Chinook salmon would generally behave upon Joos New Dock and Bulkhead Replacement Project• 10 volitionally entering these specific areas. Actively migrating .. ".1 (i.e., most fish released off-site and observed at the Seattle Tennis Club site) often appeared to change course as they approached a structure. Structure width and water depth appeared to influence degree of avoidance. Fish appeared less hesitant to pass beneath narrow structures. Fish also appeared to move into deeper water to travel beneath or around structures. These authors also observed: Behavior at structures differed (i.e., swim beneath or travel around perimeter), and may have been related to such interrelated factors as: fish size, light levels beneath the structure, degree of contrast at the light-dark edge, width of the structure, height of the structure above the water surface, and water column depth beneath the structure. Further study is needed to conclusively determine how these and other factors interact to influence Chinook salmon behavior. Marine Waters: In the marine environment, it is generally accepted that overwater structures can alter migration behavior of juvenile salmon (though the effects may vary depending on the design and orientation of the structure, degree of shading, and the presence of artificial light), and reduce salmon prey resources and refugia by shading aquatic plant life (Simenstad et al. 1999; Nightingale and Simenstad 2001b). However, the significance of these effects is not clear. As Simenstad et al. state, "We found no studies that described empirical evidence supporting or refuting that modification of juvenile salmon behavior in shoreline habitats was reflected in changes in survival." Nightingale and Simenstad (2001 b) state, "Presently, although we know that under some conditions small juvenile salmon will delay or otherwise alter their shoreline movements when encountering an overwater structure, the conditions under which this behavioral modification is significant to the fishes' fitness and survival is relatively unknown." A study by Williams et al. (2003) at the Mukilteo ferry terminal, found that, "Salmon fry were observed in all nearshore habitats during each transect sampling period (day and night). The fry were observed under a wide range of PAR values (0.0 µmo! m-2 s-1 to 2370 µmo! m-2 s-1). Fry were observed both outside the terminal and underneath the terminal at all times, and shadows produced by the 10-m-wide terminal structure did not appear to act as barriers to fry movement at this location." There is no question that underwater structures may alter migration patterns -that is not in dispute. As seen in the study by Williams and in many other studies (see the literature review by Weitkamp - 2003), there are studies that indicate that salmon migration is not affected by the presence of overwater structures. Of course, there are other studies indicating migration patterns are altered by overwater structures. Increased predation: An additional concern about the impacts of overwater structures on migrating salmon is that they will be forced to move out into deeper water, where they will be consumed by predatory fish species. However, in a study conducted in the marine environment, Williams et al. (2003) noted: MS&A We found no evidence that avian, marine mammal, or fish predators consumed more juvenile salmon near WSF terminals than along shorelines without overwater structures. Few species Joos New Dock and Bulkhead Replacement Project• l l appeared to be targ~ •... g abundant fry in nearshore habitats, a.._ we observed only two occasions in which predators (one tern sp., one staghorn sculpin) had consumed juvenile salmon. The authors also state, Our analysis of fish diets at the Mukilteo ferry terminal provides one piece of conclusive evidence that juvenile salmon were not a major dietary component of predatory fish species during our study. It should be noted that the Williams study was conducted in the marine, not lake, environment. In Lake Washington, smallmouth bass migration into the littoral zone corresponds with the peak occurrence of migrating salmonids in this zone (Fresh et al. 2001 ). Because of these similar migration patterns, salmonids are most at risk of predation from smallmouth bass in Lake Washington. Bass prefer complex, natural cover for their foraging environment. When there is a scarcity of natural cover for foraging, as is the situation in Lake Washington, they tend to use the dominant structures in the environment, such as pilings and piers, for foraging cover (Kahler et al. 2000). There is concern that increasing the number of overwater structures will increase the predation success of smallmouth bass on migrating salmonids. Tabor et al. (2004) investigated predation of juvenile chinook salmon in three areas of the Lake Washington Basin. One of the areas they looked at was the south end of Lake Washington, an important rearing area. The investigators found that: The only predators observed to consume Chinook salmon were cutthroat trout, prickly sculpin ( C. asper), smallmouth bass (Micropterus dolomieui), and largemouth bass (M. salmoides). Consumption of Chinook salmon by cutthroat trout was observed in February, March and early April. Predation by prickly sculpin was only observed in February. Smallmouth bass consumed Chinook salmon in May and June. Few largemouth bass were collected; however, we did document a largemouth bass that had consumed a Chinook salmon in June. We estimated a total of 1,400 Chinook salmon fry were consumed by littoral predators from February to mid May ..... Based on consumption estimates and expected abundance of juvenile Chinook salmon, predatory fishes probably consumed less than 10% of the fry that entered the lake from the Cedar River. The investigators in this study did not comment on the impacts of overwater structures on the predation rate found in south Lake Washington. C. Interrelated/Interdependent LH,·c Completion of this project will not promote future construction or other activities that would not otherwise occur without its completion. Therefore, no additional interrelated or interdependent actions that could affect species regulated under ESA will occur because of this project. MS&A Joos New Dock and Bulkhead Replacement Project• 12 D. Take Analysis "Take" is defined as, "to harass, harm, pursue, hunt, shoot, wound, trap, capture, collect or attempt to engage in any such conduct." The USFWS further defines "harm" as "significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering." It is likely that no ''take" will result from this project. E. Conservation Measures In order to minimize any direct effects on the listed species caused by this project, inwater work should take place between July 16 and December 31. It is requested that overwater work be allowed to take place outside of this work window. Additional impact reduction and mitigation measures will reduce adverse impacts of the project. They include: 1. The main dock section is 30' long and 3 '-11" wide then 110' long and 5' -11" and fully grated. 2. Only 6" diameter steel pilings will be used to support the dock to minimize migration obstacles for young salmonids that prefer the more shallow areas. 3. The construction barge will not be allowed to ground out on the lake bottom at anytime. 4. A slit fence will be installed during shoreline stabilization construction to minimize sedimentation impacts. 5. Native vegetation will be planted along the project site shoreline (See the attached Planting Plan). 6. Fifty cubic yards of2" minus spawning gravel will be spread as seen in Figure 4. One and one half inch spawning gravel may be substituted if 2" minus is not obtainable. 7. Debris and old bulkhead material will be removed from the shoreline. 8. A cove beach area will be constructed in front of the replacement shoreline stabilization. Siltation Management: Several methods are suggested to prevent siltation in the Washington State Department of Ecology's STORM WATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN, often termed "the Technical Manual". (WDOE 2012). The following precautions for siltation prevention during construction processes are suggested in Volume II "Construction Stormwater Pollution Prevention" in the Stormwater Management Manual for Western Washington. These Best Management Practices (BMPs) are as follows: • BMP C 10 I: Preserving Natural Vegetation • BMP C102: Buffer Zones • BMP Cl 03: High Visibility Fence • BMP CI 05: Stabilized Construction Entrance / Exit • BMP Cl06: Wheel Wash • BMP Cl 07: Construction Road/Parking Area Stabilization MS&A Joos New Dock ond Bulkhead Replacement Project• 13 • BM.. -120: Temporary and Permanent Seedi •• 0 • BMP Cl21: Mulching • BMP C122: Nets and Blankets • BMP C123: Plastic Covering • BMP C124: Sodding • BMP C125: Topsoiling/ Composting • BMP C126: Polyacrylamide (PAM) for Soil Erosion Protection • BMP C130: Surface Roughening • BMP CBI: Gradient Terraces • BMP C140: Dust Control • BMP Cl 50: Materials on Hand • BMP Cl51: Concrete Handling • BMP Cl 52: Sawcutting and Surfacing Pollution Prevention • BMP Cl 53: Material Delivery, Storage and Containment • BMP Cl 54: Concrete Washout Area • BMP Cl 60: Certified Erosion and Sediment Control Lead • BMP Cl 62: Scheduling Please refer to Volume II "Construction Stormwater Pollution Prevention" in the Stormwater Management Manual for Western Washington for BMP details. F. Determination of Effect After reviewing the appropriate data and surveys, the effect determinations for the impacts of the project, as designed, are: l. 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" This is the appropriate conclusion when effects on the species and their critical habitat are expected to be beneficial, discountable or insignificant. Limiting construction work to the approved work window will reduce direct impacts on the listed species. Shading impacts on the benthic environment will be minimized by the conservation measures discussed above. G. Net-Loss Determination All measures have been taken to avoid and minimize potential impacts resulting from the proposed project through conservation measures above. In consideration of the unlikely impact to ESA species as well as the proposed shoreline mitigation planting suggested below 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 preservation of that environment. MS&A Joos New Dock ond Bulkheod Replacement Project• 14 IV. SHORELINE MITIGATION PLAN A. Mitigation Mitigation is required for this site as the proposed work will be conducted on a shoreline of Lake Washington. It is meant to provide compensation for unavoidable impact that may occur as a result of this project as well as to restore and enhance the shoreline where a failing bulkhead currently exists. This plan includes the removal of all invasive species of plants, mainly Himalayan Blackberry along the top of the existing bulkhead, and one English Holly tree in the lawn. Additionally, as a part of the reconstruction of the shoreline stabilization, the existing bulkhead that is failing and all derelict trash and debris on this shoreline will be removed for mitigation. A mitigation planting plan with native plant species has been developed by the proponents' landscaper (Shapiro Ryan Design) and this plan involves extensive planting of trees, shrubs, and herbs. Please refer to Appendix A for the shoreline mitigation planting map and plant list. Plants should be installed in late fall or early spring following the construction work. During these times plants are semi-dormant and soils are easier to work. Plants will be laid out by hand generally following the spacing specified on the planting plan map (Appendix A). The plants will be installed by digging a one to two foot hole, loosening the soil, placing plant in ground after loosening soil around root ball. The hole must be deep enough to ensure that roots are straight, but not so deep as to bury plants too far above the root collar. Once the plant is in place the hole will be backfilled and tamped lightly. Mulch should be applied 3" deep around plants, being careful not to touch stem of plant. No extraordinary measures are proposed at this time to protect the installed plants other than mulching, weeding and watering. Substitutions might be necessary for species or individuals that cannot be found at local nurseries. All plant substitutions will be approved by the project biologist prior to installation to ensure their suitability for the site. B. Performance Standards Performance standards are measurable criteria for determining if the goals and objectives of the mitigation project are being achieved. If the proposed benchmarks are not achieved by comparing the surveys to the mitigation goals, then contingency plans will need to be implemented. Performance Standard # 1 (survival rate): Immediately after planting, all plants will be counted and documented. At the end of each growing season (late Aug-early Sept) plots will be visited and a count of surviving plants will be documented. The percent survival for the plots will be calculated by dividing the total number of plants after planting by the total number of surviving plants at the end of the season. Photo stations for each replanting site will be determined and a photograph of each transplant location will be taken on an annual basis. Individual plants that die must be replaced with native species in order to meet the survival performance standards. Performance Standard# 2 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species. The percent cover within an area can be quantified as a total greater than 100% because plants (in tree, high/low shrub and herbaceous layers) overlap in cover. Performance Standard #3 (invasive removal): All areas where invasive plants were removed will be surveyed visually and categorized with photo stations. This is to ensure that 0% (none) of the targeted Invasive species (Evergreen Blackberry and Iris) will be present and have not reestablished within each MS&A Joos New Dock and Bulkhead Replacement Project• 15 monitoring year. C. Monitoring Plan An as-built drawing and report will be submitted as documentation of the implementation of the approved planting plan within one month of installation. The plan will include vegetation description and photo documentation from established photo stations. A panoramic photo of the entire mitigation site will also be provided. Photos should be taken June -August, during the growing season. Monitoring will take place over a period of five years at the end of the growing season (late August or early September) of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established and mapped after planting occurs, on the as-built plan. There will be photo points for each plot and they will be referenced on the as-built plan. Each year, the photo points that are established at each site, will be used for comparison. Photos will be taken at all points for all years as visual documentation of the performance standards progress, or lack of. In addition to photos at designated points, photo documentation must include a panoramic view of the entire planting area. Submitted photos must be formatted on standard 8 1/2" by 11" paper, dated with the date the photo was taken, and clearly labeled with the direction from which the photo was taken. The photo location points must be identified on an appropriate drawing. Collected data and photos will be compiled into an annual Riparian Planting report each year and submitted by November 30 of each monitoring year for five years. Each annual monitoring report shall include written and photographic documentation on plant mortality and replanting efforts and must document whether the performance standards are being met. Monitoring results will determine whether or not contingency measures will be needed. Performance Standards #1 & 2 Year 1: Achieve 100% survival success of replanted natives into mitigation areas Year 2: Achieve 100% survival success at end of second year into mitigation areas Year 3: Achieve 80% survival success at end of third year into mitigation areas Year 4: Achieve 80% survival success at end of fourth year into mitigation areas Year 5: Achieve 80% survival success at end of fifth year into mitigation areas Performance Standard #3 Year I: Achieve 100% removal of targeting invasive species from mitigation areas Year 2: Achieve 100% removal of targeting invasive species from mitigation areas Year 3: Achieve 100% removal of targeting invasive species from mitigation areas Year 4: Achieve 100% removal of targeting invasive species from mitigation areas Year 5: Achieve 100% removal of targeting invasive species from mitigation areas MS&A Joos New Dock and Bulkhead Replacement Project• 16 D. Maintenance and C~ .. tingency Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area, including volunteer natives. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established, extra watering may not be necessary. Hand weeding will be necessary around all plants that are being monitored for survival and coverage. If the required survival rate is not met by the end of any monitoring year, plants lost to mortality will be replaced to achieve the percentage cover performance standard described above. Prior to replacement, an appropriate assessment will be performed to detennine if the survival was affected by species/site selection, animal damage, or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor( s ), which are increasing mortality of planted native species. If a particular species is shown not to endure site conditions then another, more appropriate species will be selected. If excessive damage is observed, protective measures will be introduced. Monitoring years may be added if significant re-planting becomes necessary. Monitoring on an annual basis for five years will occur with photographs to detennine the survival rate of the transplanted area. If 100% success is achieved before reaching the five-year mark, monitoring will continue without extra replanting efforts. Within the five year time period, transplanting will occur on an annual basis to replace any plants that are lost until 100% success is achieved. MS&A Joos New Dock ond Bulkhead Replacement Project• 17 REFERENCES Celedonia, M. T., Roger A. Tabor, Scott Sanders, Daniel W. Lantz, and Ian Grettenberger. 2008.Movement and habitat use of chinook salmon smolts and two predatory fishes in Lake Washington and the Lake Washington Ship Canal. 2004-2005 acoustic tracking studies. Final report to Seattle Public Utilities. Federal Register/ Vol. 61, No. 102 / May 24, 1996 / Rules and Regulations. Federal Register/ Vol. 64, No. 56 / March 24, 1999 / Rules and Regulations. Federal Register/ Vol. 64, No. 210 / November 1, 1999 / Rules and Regulations. Federal Register/ Vol 70, No.170 / Friday, September 2, 2005 / Rules and Regulations. Federal Register/ Vol. 70, No. 185 / September 26, 2005 / Rules and Regulations. Federal Register/ Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations. Feist, Blake E., J.J. Anderson and R. Miyarnota. 1992. Potential impacts of pile driving on juvenile pink (Oncorhynchus gorbuscha) and churn (0. keta) salmon behavior and distribution. FRI-UW-9603, Fish. Res. Inst., UW, Seattle, WA. Fresh, K.L, E. Warner, R. Tabor, and D. Houck. 2000. Migratory behavior of adult Chinook salmon spawning in the Lake Washington watershed in 1998 and 1999 as determined with ultrasonic telemetry. Extended abstract and presentation prepared for the Washington Chinook Salmon Workshop, November. Fresh, K. L., D. Rothaus, K. W. Mueller and C. Mueller. 2001. Habitat utilization by predators, with emphasis on smallmouth bass, in the littoral zone of Lake Washington (draft). WDFW. Hammer, Misty, King County Road Services Division. 2011. May Creek Drainage Improvement Project. Biological Evaluation Report for: Chinook Salmon and Steelhead Trout as protected under the Endangered Species Act. May Creek, King County, Washington State. Prepared for: King County Water and Land Resources Division Department of Natural Resources and Parks. 201 South Jackson Street Ste 600,Seattle, WA 98104-3856. Healey, M. C. 1982. Juvenile Pacific salmon in estuaries: the life support system, pp. 315 -341. In: V.S. Kennedy (ed.), Estuarine comparisons. Academic Press, New York, NY. Kahler, T., M. Grassley and David Beauchamp. 2000. A summary of the effects of bulkheads, pier and other artificial structures and shorezone development on ESA-listed salmonids in lakes. City of Bellevue. Kerwin, J., 2001. Salmon and Steelhead Habitat Limiting Factors Report for the Cedar-Sammamish Basin (WRIA 8). Washington Conservation Commission. Olympia. WA. Myers, J.M., R. G. Kope, G. J. Bryant, D. Teel, L. J. Lierheimcr, T. C. Wainwright, W. S. Grand, F. W. MS&A Joos New Dock and Bulkhead Replacement Project• 18 Waknitz, K. Neely, S.1. ~.ndley, and R. S. Waples. 1998. Status _ •. iew of Chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce, NOAA Tech Memo. NMFS- NWFSC-35, 443 pp. Nightingale, Barbara and Charles Simenstad. 2001a. Dredging activities: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, 144 pp. Nightingale, B. and Charles Simenstad. 2001b. Overwater structures: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, 177 pp. Rienrnan, B. E. and J. D. McIntyre. 1993. Demographic and habitat requirements for conservation of Bull Trout. Gen. Tech. Rpt. U. S. Forest Service, Intermountain Research Station, Ogden, UT. 38 pp. SCoRE. WDFW Salmon Conservation Report Engine. https ://fortress. wa. gov/ dfw/score/ score/ species/population_ details.j sp?stockid=6 l 56 Simenstad, C. A., K. L. Fresh and E. 0. Salo. 1982. The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function. Pp. 343-364. Jn: V. S. Kennedy, (ed.), Estuarine comparisons. Academic Press, New York, NY. Simenstad, C. A., (ed.). 1988. Effects of dredging on anadromous Pacific coast fishes, Workshop proceedings, Washington Sea Grant, Seattle WA, September 8-9, 1988. Simenstad, C.A., B.J. Nightingale, R.M. Thom and D.K. Shreffler. 1999. Impacts of ferry terminals on juvenile salmon migration along Puget Sound shorelines. Phase 1: Synthesis of state of knowledge. Report to WSDOT/TJSDOT Research Report T9903, Task A2, 116 pp.+ appendices. Synthesis of salmon research and monitoring. Investigations conducted in the Western Lake Washington Basin. December 31, 2008. Seattle Public Utilities and the Army Corps of Engineers. Contributors: Mike Cooksey Peter N. Johnson, Paul De Vries, Michele Koehler, Charles J. Ebel, Lynne Melder, Frederick A. Goetz, Jim Muck, Julie Hall Eva Weaver Tabor, R. A. and Richard M. Piaskowski. 2002. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2001. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office, Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503. Tabor, R. A., M. T. Celedonia, F. Mejia, R. M. Piaskowski, D. L. Low, B. Footen and L. Park. 2004. Predation of juvenile chinook salmon by predatory fishes in three areas of the Lake Washington Basin. U. S. Fish and Wildlife Service, Mucklcshoot Indian Tribe and Northwest Fisheries Science Center. I Tabor, R. A. Howard A. Gearns, Charles M. McCoy III , and Sergio Camacho. 2006. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2003 MS&A Joos New Dock and Bulkhead Replacement Project• 19 and 2004. U.S. Fish an_ .. ildlife Service, Western Washington __ , __ and Wildlife Office, Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503. Tabor, Roger A., Kurt L. Fresh, Richard M. Piaskowski, Howard A. Geams & Daniel B. Hayes (2011): Habitat Use by Juvenile Chinook Salmon in the Nearshore Areas of Lake Washington: Effects of Depth, Lakeshore Development, Substrate, and Vegetation, North American Journal of Fisheries Management, 31:4, 700-713 Washington Department of Wildlife (WOW). 1993. Status of the marbled murrelet Brachyramphus marmoratus in Washington. Unpubl. Rep. Wash. Dept. Wildl., Olympia, WA. Washington Department of Fish and Wildlife (WDFW). 2004. Salmonid Stock Inventory (SaSD. Washington Department of Fish and Wildlife, Olympia, WA. Weitkamp, Don E. September 2003. Young Pacific Salmon in Estuarine Habitats. Review Draft. Parametrix, Inc. Kirkland, WA. Williams, G.D., R. M. Thom, D. K. Shreffler, J. A. Southard, L. K. O'Rourke, S. L. Sergeant, V. I. MS&A Cullinan, R. Moursund, and M. Stamey. Assessing Overwater Structure -Related Predation Risk on Juvenile Salmon: Field Observations and Recommended Protocols. September 2003. Prepared for the Washington State Department of Transportation Under a Related Services Agreement With the U.S. Department of Energy Under Contract DE-AC06-76RLO 1830. Joos New Dock and Bulkhead Replacement Project• 20 ~ 11" :r, '-~ z (1) ,. 0 0 n 7'C Cl 5. "' C ;;' ::T (1) Cl Cl. "' (1) u 0 n (1) 3 (1) ~ -., .2. (1) n. • "' 1tq 111; -- """"""" IIUUO£AI) CONQl£1E SUB GRAPHIC SCALE ~ 4()' 0 20· 4()' • ! : : --,. -40" EXISTING SITE PLAN SCALE: 1" = «l' a NOTE: Propmy information for Utis sill: wss obtained from a survey and a quarter sec1ion. Marine ~ & Constructtot'I LLC has added infmnalion from other soun:es including field mcasutt:ments and aerial photos. We arc not sunieyors and can not guarantc:c gn:at kvel of acQ!nlC}'. Ii(! /If t) PAGE3ot 12 I .. 11111 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Klrldond, WA 98083 -0884 PHONE: { 425) 576-8661 E-MAIL; INFOOMARINELLC.COM = n'cl.~..:.=-:.:=,r=,.c: ~ w: 11111 'Tl (rQ. ,~·; ,,, :::r. ::, Oil "' -· ... ~ 'C ii:i" = 'Tl -"1 r:::::: 1;l Vl ~ 9" )> L 0 0 ~ z CD ::!: 0 0 n "" " ::, 0. "' C 'f< ::,- CD " 0. "' CD 1:J 0 n CD 3 CD ::, -.,, ..Q. CD n -• ~ i i • I ~ NOTE: LIFT LOCATIONS DEPICTED ARE THE OPTIMUM LOCATIONS. ntE LlfTS MAY BE A MAXIMUM OF 5' (+/-) FROM TIHS LOCATION DUE TO SITE CONDITIONS. i------···t-·· (+/-) ---- SCI.AR 5•-11• LED UGH15 0 20' PROPOSED! BOA lUFT LOCATION ·I IH1,-. 1111 18'-0" SC)'-0- 5'- ! '17'-0' (+/-) """"""' .(2) Project Description: Conmuct a dock with glulam sides, ACT.A. stringen. and galvanized steel-and 6"diame1erpifing (20). Drive two 10" diameler mooring piling. lnslall a ~ng boallift and a fttestanding grated platform lift. kl mi1iption. the applicant proposes 10 C!QIC I ttkXC natural beach and IO implement a planting plan. dock sqaun: footage: 951 II Ji!i!" tll Property information for thii. sile waa; obtained from a survey and a qum1er section. Marine Restoration & Construction U.C has added infonnarion from other sources including field measurements and aerial photos. We an: not surveyors and can nol guanmlec great level of accuracy. I K& t: S! • • I PROPOSED PLAN VIEW ,. = 40H SCALE: 1' = 40' PAGE4of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Klrldand, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFOOMARINELLC.COM ::rrcl.im:.c:oim °' ":'.';;t"~~ w; • "fl a,i' .- · ... ( "C 0 "' I:> p.. "' ~-... I:> "C ¥ • ~ 9" > ~ 0 s z ~ 0 g " Cl 5. "' C ;;, ::r (I) Cl Cl. "' (I) u Q 0 (I) 3 (I) =?. 1. (I) 0 -• "' "' N1 Property information for this site was oblaincd fiom a mrYt1f and a quarter section. Marine: Restomtion & Coo9tructioo LLC bas added information from other sources including field -.rementsandaorial~. Wemenot surveyors l:Dd can not guarantee great level of ERECT BULKHEAD BEHIND lliE EXISITNG BULKHEAD. RE~OVE EXISTING BULKHEAD. :2:• .. NUS SPA"IYNING GRA\IEL AMOUNT TO BE OElERMINED. ~ Ro Pl i:'J '!!j ;:J I?1 a k} !:! ;;; 25/ '-j "' • ~ 'i2 p"' '-Jf]!P~ ...., !;J ROCK STEPS - GRAPHIC SCALE 20' 0 10' 20' --1111 l I 3-4 MAN ROCK 0 1 60 h?r°h SHORELINE PLAN VIEW t) i I ! • ~f-~}~~864~~~d!w?~t!!8~N & c2~:~Is~Jl~JI~~IL:~~£ARINELLC.COM i .. < FAX: (425) 576-8669 :.i.-:-~~w:..i-=~ .. -11.C ......... TIIOU: 'Tl -· IJQ c:: ';_,.: rp --· = ~ "C Si = < -· ~ :e ;:: "' 11" )> ~ 0 0 ~ z CD ,;: 0 0 fl "' Cl ::, Cl. "' C is' ::,- CD Cl Cl. ., CD u 0 fl CD 3 CD ::, --0 i .Q_ CD a. • "' ... MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECf SILT CURTIAN. -CONSTRUCT BANK STABIUZATIONBEHIND THE BULKHEAD ANO THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PlANT5, ANO AND SPAWNING GRAVEL AS 50 CUl:IC YARDS <F 2• -«JS SPA.-..G GRAVEL (1r SPA-.G GRAVEL MAY SUBSTITUTED If' ,r MIIIUS IS NOT OBTAlNA81.E.) •" -"' WORK WINDOWS ANO PlANT SURVIVAL DICTATES. . . ... ;; ..... ~.,.--··-.··. ·,. •· .. . .. -" .: ... ,. . ,· .: ... .:.:. '·'·J· • ··,_::· . • • (. • •, • . • • • I , ' .. , .. '. , ·"· ... ,. ; , ..... , -= C • ' , :,, , ' ' ' '-~ ~"' .. , ...... , ..... ,. •, .. ,-1..:>-'... . . ., ... . . n'/ :-, ·'.", :. ·:· ?>c·• . .,. . . . . .... ·. >. -· : .... ::0 !{]::-®:. · .. ~ .. :_-.,. __ ,,: ... ·: ... ·,· - · · · ·· . . • B2 A" , · . · , .. . . . . . ·" " . 4 ' . . . . ' ' --' . . ~.. . . •, ··~::..·· . ·. .. . . --. . . . . . . -,. . ... :--re r y --~ -.... -. ·-· :·~~ LI -.. :":' :. _. .. :_,.. ... . :';·. •• ~· ':. ·: ·-... ,: ..... . . .. .. .. NOTE: . --·,. .... •. ' ·-~ .. ~--:_ ' ... 0 @,J Property information for this site was obtained from a suniey and a quarter section. Marine ReslOnltion & Comtruction LLC has added itiformalion from other sources including field measurements and aerial pholos. We are no1 surveytn and can not guaranlCe great level of ac:cU111Cy. a GRAPHIC SCALE 10' 0 5' Ill -.. i ,. = 10' 10' I PROPOSED BEACH MITIGATION SCALE: 1'=10' ~ PAGE9ol12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland. WA 9BOB3 -0884 PHONE: (425) 576-6661 E-MAIL: INFOOMARINELLC.COM ::Tc3.~ °'T.:ut#".:r.& ==:=-ut .- 'Tl ~-.., t'D b, '· (i;i Q. C" t'D Ill l"l :r 3 -· :::r. a, ~ --· 0 ::i ATTACHMENTS Atta chm . , , : , ; i:otographs of the site Arrow indicates the project site. MS&A Joos New Dock and Bulkhead Replacement Project• 25 Looking south at the failing bulkhead and debris that will be removed as mitigation MS&A Joos New Dock and Bulkhead Replacement Project• 26 Looking north along the failing bulkhead Photo showing debris that will be removed and replaced with a cove beach and spawning gravel. MS&A Joos New Doc k and Bulkhead Repla c ement Project • 27 Looking north at debris and failed bulkhead along site shoreline MS&A Joos New Dock and Bulkhead Replacement Project• 28 More debris that will be removed as part of the mitigation measures . MS&A Joos New Dock and Bulkhead Replacement Project• 29 MS&A Attachment 2. ~-S. Fish a··,··· <. · , , .•. :fe species lis,"' the project vicinity U.S. Fish & Wildlife Service IPaC Trust Resources Report NAME Joss New Dock and Bulkhead Replacement Project LOCATION King County, Washington IPAC LINK https://ecos tws gov/ipac/proiect/ HE67H-DNOTB-ARNFU-QHY.YcSMQQ!.!Y -~· ......... : U.S. Fish & Wildlife Service Contact Information Trust resources in this location are managed by: Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 (360) 753-9440 Joos New Dock and Bulkhead Replacement Project• 30 MS&A IPaC Trust Resource . ort Endangered Species Endangered Species Proposed, candidate, threatened, and endangered species are managed by the Endangered Species Program of the U.S. Fish & Wildlife Service. This USFWS trust resource report is for informational purposes only and should not be used for planning or analyzing project level impacts. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list from the Regulatory Documents section. Section 7.. of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list either from the Regulatory Documents section in IPaC or from the local field office directly. The list of species below are those that may occur or could potentially be affected by activities in this location: Birds Marbled Murrelet Brachyramphus marmoratus CRITICAL HABITAT There is final critical habitat designated for this species. !J.ttr&:ilf:£~~..9Qill~b.lkillli!B~ ':·,(:.cc:·>, .;,·. ,c ,.c!LQ..~de:~ila.G Streaked Homed Lark Eremophila alpestris strigata CRITICAL HABITAT There is final critical habitat designated for this species, https)i'ecosJw_s,go_,.._11ess_publ1c/prof1le ,. -. ,,;o,: '· Yellow-billed Cuckoo Coccyzus americanus CRITICAL HABITAT ,ct1ori ?spcode=SO.SJ There is proposed critical habitat designated for this species. 0 ct1onlsJ).CO~e 0 8.Q!lR Threatened Threatened Threatened Joos New Dock and Bulkhead Replacement Project• 31 MS&A IPaC Trust Resources Report Endangered Species Fishes Bull Trout Salvelinus confluentus CRITICAL HABITAT There is final critical habitat designated for this species. ht!ps_J!ecos. fws goyl.tess~.Pklbliclpi:-of11e Flowering Plants Golden Paintbrush Castilleja levisecta CRITICAL HABITAT No critical habitat has been designated for this species. bllp~~s...tw~_gQ.Yi.~liCW.QfJ.e ~:-.-. ~cHQfl?spcode~_Q26U_ Mammals Canada Lynx Lynx canadensis CRITICAL HABITAT There is final critical habitat designated for this species. httPs:/1ecos.tws.govttess.~.Pvb[1c/prof:Je ,;;:·~:----·-1 '· · ..., .:c:11on?~p_c.09J;;i::::-h07.3 Critical Habitats This location overlaps all or part of the critical habitat for the following species: Bull Trout Critical Habitat Final designated DJ!Q.~.~o.s..Jvt~gQYlte..~.ubJi.C:LQr.QfiJe., :-, i: , .. ,,. -:;_ti_Q.n2s_p.c_ode_= .E0_6_S.#1;r.i.thab Chinook Salmon Critical Habitat Final designated Threatened Threatened Threatened Joos New Dock and Bulkhead Replacement Project• 32 Attachment 3. l i ·' Fish Habitat n,,sessment A. Background The Magnuson-Stevens Fishery Conservation and Management Act (MSA), as amended by the Sustainable Fisheries Act of 1996 (Public law 104-267), requires Federal agencies to consult with NMFS on activities that may adversely affect designated Essential Fish Habitat (EFH) for the relevant species. According to the MSA, EFH means "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." For the Pacific West Coast, the Pacific Fisheries Management Council (Council) has designated EFH for federally managed groundfish (PFMC 1998a), coastal pelagic (PFMC 1998b) and Pacific salmon fisheries (PFMC 1999). The purpose of the EFH Assessment is to determine the effects of the proposed project on the EFH for the relevant species and to recommend conservation measures to avoid, minimize or otherwise offset adverse effects on EFH. B. Identification of EFH The designated EFH for groundfish and coastal pelagic species encompasses all waters from the mean high water line, and upriver extent of saltwater intrusion in river mouths, along the coasts of Washington, Oregon and California, seaward to the boundary of the U.S. exclusive economic zone (370.4 km) (PFMC 1998a, 1998b ). The designated EFH in estuarine and marine areas for Pacific salmon species extends from the nearshore and tidal submerged environments within state territorial water out to the full extent of the exclusive economic zone (370 .4 km) offshore of Washington, Oregon and California north of Point Conception to the Canadian border PFMC, 1999). Freshwater EFH for Pacific salmon includes all those streams, lakes, ponds, wetlands and other water bodies currently, or historically accessible to salmon in Washington, Oregon, Idaho and California, except areas upstream of certain impassable man-made barriers, and longstanding, naturally-impassable barriers. Chinook salmon and coho salmon are the species with designated EFH that are found in Lake Washington C. Proposed Action The details of the proposed project are seen above. D. Effects of the Proposed Action The effects of this project on designated EFH arc likely to be similar to the effects described in detail in the Effects Analysis section of the attached BE/Lake and Stream Study Report. The project is likely to have no permanent, long-term effects EFH designated for chinook and coho salmon. MS&A Joos New Dock and Bulkhead Replacement Project• 33 E. EFH Conservation Measures The conservation measures mentioned in the attached BE/Lake and Stream Study Report will be implemented to minimize possible adverse effects to EFH. F. Conclusion The project may have temporary adverse effects on EFH the salmon species, but will not produce long- term adverse effects on EFH for the above species. The construction of the cove beach and the addition of spawning gravel will have positive impact on EFH. G. Additional References PFMC (Pacific Fishery Management Council). 1999. Amendment 14 to the Pacific Coast Salmon Plan. Appendix A: Description and Identification of Essential Fish Habitat, Adverse Impacts and Recommended Conservation Measures for Salmon (August 1999). PFMC, 1998a. Final Environmental Assessment/Regulatory Review for Amendment 11 to the Pacific Coast Groundfish Fishery Management Plan (October, 1998). PFMC, 1998b. The Coastal Pelagic Species Fishery Management Plan: Amendment 8 (December, 1998). MS&A Joos New Dock and Bulkhead Replacement Project• 34 Attachment 4. Assessment of Imp , · t '·· :" ; <·itical Habitat ,.,r Puget Sound Chinook Project description: Construction of a new dock and replacement bulkhead on Lake Washington in Renton, This assessment covers the primary constituent elements (50 CFR Part 226, page 74581-2) determined essential to the conservation of Puget Sound Chinook salmon (Oncorhynchus tshawytscha): (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: There are no suitable freshwater spawning sites at the project location. (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, logjams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Existing Conditions: Material from the failing bulkhead and creosote-treated drift logs are scattered along the site shoreline. This material will be removed as mitigation for the proposed project. In addition, native vegetation will be planted along the shoreline. (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Existing Conditions: See (2) above. (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: See (2) above. (5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. MS&A Joos New Dock and Bulkhead Replacement Project• 35 Existing Conditions: The site is in a freshwater area. (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: The site is in a freshwater lake area. Effects Analysis: A complete discussion of the effects of this project is seen in the BE/Lake and Stream Study Report. Construction will produce brief and localized increased turbidity, which will be contained by a silt curtain. The project will have no long-term impacts on water quantity, salinity conditions or water temperature. Construction during work windows will prevent impacts to the listed fish species. Shading impacts on the benthic environment will be reduced by design components of the proposed project. The entire dock will be fully grated. Native vegetation will be planted along the shoreline. A cove will be constructed and spread with spawning gravel. Determination of Effect: "May affect, not likely to adversely affect" MS&A Joos New Dock and Bulkhead Replacement Project• 36 . 1 ., hment 5. Assessment of Impacts to Cr.i i, ,, . ,, hi tat for Coastal -Puget Sound Bull Trout Applicant: Paul Joos The primary constituent elements determined essential to the conservation of bull trout (Salvelinus conjluentus) are: (1) Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 °P (0 to 22 °C) but are found more frequently in temperatures ranging from 36 to 59 °P (2 to 15 °C). These temperature ranges may vary depending on bull trout life history stage and form, geography, elevation, diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence. Stream reaches that preclude bull trout use are specifically excluded from designation. Existing Conditions: The project will take place in Lake Washington, a large body of fresh water. Effects to PCE: The project is not expected to have any influence on the water temperature of Lake Washington. (2) Complex stream channels with features such as woody debris, side channels, pools, and undercut banks to provide a variety of depths, velocities, and in stream structures. Existing Conditions: Project will take place in Lake Washington -not in a stream environment Effects to PCE: No effect (3) Substrates of sufficient amount, size and composition to ensure success of egg and embryo overwinter survival, fry emergence, and young-of-the year and juvenile survival. This should include a minimal amount of fine substrate less than 0.25 in (0.63 cm) in diameter. Existing Conditions: No spawning activity at the site Effects to PCE: No effect (4) A natural hydrograph, including peak, high, low, and base flows within historic ranges or, if regulated, currently operate under a biological opinion that addresses bull trout, or a hydrograph that MS&A Joos New Dock and Bulkhead Replacement Project• 37 demonstrates the ability to support bull trout populations by minimiz1 .. 6 daily and day-to-day fluctuations and minimizing departures from the natural cycle of flow levels corresponding with seasonal variation: This rule finds that reservoirs currently operating under a biological opinion that addresses bull trout provides management for PCEs as currently operated. Existing Conditions: Project will take place in Lake Washington Effects to PCE: The project does not involve any alteration in the lake level; therefore it will have no impact on this PCE. (5) Springs, seeps, groundwater sources, and subsurface water to contribute to water quality and quantity as a cold-water source. Existing Conditions: See 4 above Effects to PCE: This project will have no impact on springs, seeps, groundwater sources or subsurface water (6) Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows. Existing Conditions: The shoreline is littered with material from the failing bulkhead and drift creosote- treated logs Effects to PCE: The proposed dock will incorporate design components that will decrease negative impacts on foraging habitat and migratory corridors. The proposed dock will be fully grated. A cove will be constructed and spawning gravel spread along the shoreline. The debris currently along the shoreline will be removed. (7) An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish. Existing Conditions: See 6 above Effects to PCE: See 6 above (8) Permanent water of sufficient quantity and quality such that normal reproduction, growth and survival MS&A Joos New Dock ond Bulkhead Replacement Project• 38 are not inhibited. Existing Conditions: See 4 above. Effects to PCE: Pile driving may produce temporary turbidity impacts. These are expected to be short term and are not expected to have a significant impact on critical habitat. Any debris associated with the project construction phase will be contained by a silt containment curtain. The replacement bulkhead will be located immediately landward of the failing bulkhead. Determination of Effect: ''No destruction or adverse modification" Conservation Measures: Conservation measures for this project are seen in the BE/Lake and Stream Study Report. MS&A Joos New Dock and Bulkhead Replacement Project• 39 APPENDIX A: Shoreline Mitigation Planting Map and Plant List I tA~DSCAPf D E S I G II February 25, 2016 Joos Residence rn, w ""'" ,m "'·, 2909 Mountain View Ave N Reryton, WA 98056 SWTlE, W~ 98103 ?H 206/781/9157 Shoreline Mitigation Plant List Trees: Quantity Size Botanical Name 3 5'-6' Amelanchier alnifolia 3 1.5" caliper Betula jacquemonti Shrubs: Quantity Size Botanical Name 183 #1@2'oc Arctostaphylos uva-ursi 10 #5 Corn us sanguinea 'Midwinter Fire' 30 #1@2'oc Mahonia nervosa A 16 #5 Hydrangea quercifolia 'Pee Wee' 7 #2 Spiraea densifolia 3 #5 Ribes sanguineum SHAPIRO 12 #1 Scripus microcarpus RYAN 7 #1 Juncus ensifolius DESIGN Herbaceous: Quantity Size Botanical Name 7 #1 Iris tenax 2 4" flats Sedum spalhifolum 2 4" flats Sedum oreganum Common Name Serviceberry Birch Common Name Kinnickinnick Bloodtwig Dogwood Oregon Grape Dwarf Oakleaf Hydrangea Subalpine Spiraea Red Flowering Currant Small Fruited Bulrush Daggerleaf Rush Common Name Iris Stonecrop Stonecrop ' ! • •c Ii ' ' I ., l! ? 0 I z ,t lf 0 p~ ,, I, ~ t ! ' . ' ' ' '. u ' ' ~ f > ' • ' > > ~ F ~ ' !~ ~ C u ~ "If.&: I a ! R > ~ " t £ r $ >~ b f :sJO_OS f2£61DENC.S 6H01?£1-INI':-M1·~1: ... ,.,.A'"[l_Q_LJ___:["1.A/;;{[INC-,- 2'la1 .MCl..!N"IA1\-.l V1f-w A'-lr'-N t,_;:-,._rrd-J WA. 91:,(,<'.k ~A.A.L..,(.: '/1· 'l'-0 J' Z1·l.cl'- \ -('- \ \ \ ' I I \ I \ \ \ I I I \ IT\ Th \ I ~ ' w c~ r m 0 ( \ I l m \ "~ ' } \ \ l' C' \ \ 'c \ )> \)' \ 1 L \ 'I' --\ " \ t \ ~ ' 1' jj C ,~, ... w &l'-t',lcl-.J "";,,O,<.;"T"L..>'., WA \ \ I \ \ \ \ \ l..A,.f-'l= ,:;,""-N "lt,10~ ,_.,.,,.._ -w,, .,,.c,-, Renton® NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE (DNS) 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 DF NDTICE DF APPLICATION: Mays, 2016 LAND USE NUMBER: LUA16-000316, ECF, MOD, SM PROJECT NAME: Joos Family LLC Pier PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA} Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3' -11" width for the first 30 feet. The remainder of the walkway is to be S'-11". The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (lYi" minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). PROJECT LOCATION: 2909 Mountain View Ave N, Renton, WA 98056 OPTIONAL DETERMINATION OF NON-SIGNIFICANCE (DNS): 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 process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance {DNS). 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. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: APPLICANT/PROJECT CONTACT PERSON: Permits/Review Requested: Other Permits which may be required: Requested Studies: April 25, 2016 May 5, 2016 Rebecca Henderson, Marine Restoration & Construction, LLC/ PO Bax 884/ Kirkland, WA 98083/ 425-576-8661/ lnlo@)marinellc.eom Environmental (SEPA) Review, Modification, Shoreline Substantial Development Building Permit Critical Areas Report, Habitat Report, Stream/Lake Study 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.: Joos Family LLC Pier/ LUAlG-000316, ECF, MOD, SM NAME:----------------------------------- MAILING ADDRESS: ________________ City/State/Zip: __________ _ TELEPHONE NO.: --------------- Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoninl/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: RentOil® Department of Community & Economic Development (CED) -Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 The subject site is designated COMP-RMD on the City of Renton Comprehensive Land Use Map and R-8 on the City's Zoning Map. Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance, RMC 4-2-llOA Residential Development Standards, RMC 4·3-090 Shoreline Master Program and other applicable codes and regulations as appropriate. Comments on the above application must be submitted in writing to JIii Ding, Senior Planner, CED -Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on May 19, 2016. If you have questions about this proposal, or wish to be made a party of record and receive additional 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 thls project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Jill Ding, Senior Planner; Tel: (425) 430-6598; Eml: jding@rentnwa.gov I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT --------Kenton 9 ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I w,..,_w.rentg_nwa.gov Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. 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. INSTRUCTIONS FOR LEAD AGENCIES: Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. 1 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 USE OF CHECKLIST FOR NONPROJECT PROPOSALS: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B even though questions may be answered "does not apply". In addition the SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent", and "affected geographic area" respectively. The lead agency may exclude (for non-projects) questions in Part B -Environmental Elements -that do not contribute meaningfully to the analysis of the proposal. For help go to: http://www.ecy.Wil£-2.'!/Programs/sea/sepa/e-review.html A. BACKGROUND 1. Name of proposed project, if applicable: Joos Family LLC Pier 2. Name of applicant: Joos Family LLC 3. Address and phone number of applicant and contact person: Applicant: Joos Family LLC Contact: Marine Restoration & Construction LLC 4057 Williams Avenue North P.O. Box 884 Renton, WA 98056 {425) 277-1000 4. Date checklist prepared: March 23 2016 5. Agency requesting checklist: The City of Renton Kirkland, WA 98083 (425) 576-8661 6. Proposed timing or schedule (including phasing, if applicable): Proposed project will take approximately 4-6 weeks to complete. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None that we are aware of 2 C:\Users\Rob\Dropbox\Projects\]oos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A biological assessment and stream study has been performed for this site and is included with the application. 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 that we are aware of. 10. List any government approvals or permits that will be needed for your proposal, if known. This project will require permits from the City of Kirkland land Use and Building Departments. The project will also require authorization from the Army Corps of Engineers, The Department of Ecology, The Washington State Deportment of Fish and Wildlife and the Department of Natural Resources. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The opp/icont proposes to construct a pier. The main walkway will be 3' -11" wade for the first 30' and then will be 5'-11' for the remainder of the pier. The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The pier will be supported by 6" diameter galvanized steel piling. Two 10" diameter galvanized steel mooring piling are proposed. The pier will be constructed using galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flaw grated decking to allow for light penetration. A freestanding boatlift and a freestanding 8' by 10' grated platform lift are proposed. As mitigation for the project, the applicant proposes the creation of a more natural beach, the removal of debris, the installation of 50 cubic yards of spawning gravel, and a planting mitigation plan. 3 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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. Site Address: 2909 Mountain View Avenue North Renton, WA 98056 Parcel Number: 3342103953 Quarter Section: SE-31-24-5 Legal Description: HILLMANS LK WN GARDEN OF EDEN# 1 S 10 FT OF 69 ALL 70-71-72 & 2ND CL SH LOS ADJ Please see page 1 of the plan set far a vicinity map. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (check or circle one): Flat, rolling, X hilly, steep slopes, mountainous, other _____ _ b. What is the steepest slope on the site (approximate percent slope)? Approximately 25% 4 C:\Users\Rob\Dropbox\Projects\loos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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 agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The site contains clay, rock and topsoil. No formal soil assessment has been performed. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None that we are aware of. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. The propose project entails placing 50 cubic yards of 2" minus washed round spawning gravel along the shoreline of the site (lW' minus gravel may be substituted if 2" minus gravel is unattainable.) The shoreline stabilization will utilize 6" to 8" crushed rock, 1:W' minus grovel, and top soil behind the OHWL as a shoreline stabilization measure. Please see plan set for more details. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not that we are aware of. g. About what percent of the site will be covered with impervious surfaces after project construction (forexomple, asphalt or buildings)? The proposed project will not affect impervious surfaces of the site. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: A silt curtain will be used to contain any siltation that may take place during construction. 5 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 2. AIR a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Normal vehicle emission will be generated during construction. No new sources of emissions will be created by this project. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None that we are aware of c. Proposed measures to reduce or control emissions or other impacts to air, if any: Vehicles will be run only when necessary. 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 project will occur in Lake Washington. 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. Yes, the project will occur in Lake Washington. 6 C:\Users\Rob\Oropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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. The project proposes to install 50 cubic yards of spawning gravel as mitigation. No dredging is proposed. 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 floodplain? If so, note location on the site plan. No. 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 groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? 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 7 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 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 proposed c. Water runoff (including stormwater): 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. Rainwater will run off of the proposed project naturally into the lake. 2) Could waste materials enter ground or surface waters? If so, generally describe. A containment boom will be erected as a precaution to prevent waste materials from entering the lake. We do not anticipate waste materials entering the lake. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: A containment boom will be erected as a precaution to prevent waste materials from entering the lake. We do not anticipate waste materials entering the lake. 4. PLANTS a. Check the types of vegetation found on the site: 8 C:\Users\Rob\Oropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/201S _x_deciduous tree: alder, maple, aspen, other _x_evergreen tree: fir, cedar, pine, other _x_shrubs _x__grass __ pasture __ crop or grain __ orchards, vineyards or other permanent crops. __ wet soil plants: cattail, buttercup, bull rush, skunk cabbage, other __ water plants: water lily, eelgrass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? Plant life that serve no ecological function will be removed to make roam far a native mitigation planting plan. c. List threatened and endangered species known to be on or near the site. As per the Washington Department of Fish and Wildlife Priority Habitats and Species list: Chinook salmon, Dally Varden/ Bull Trout, Resident Coastal Cutthroat, Sockeye Salmon, Fall Chinook Salmon, Coho Salmon, Stee/head, Kokanee, and Winter Steelhead are all noted as having an occurrence in Lake Washington. It is unclear whether they actually live in the vicinity. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Please see mitigation planting plan page of the plan set, e. List all noxious weeds and invasive species known to be on or near the site. As per the biological evaluation performed by Marine Surveys and Assessments Inc, non-native invasive species observed Himalayan blackberry (Ru bus ameniacus) and English Holly (llex aquifolium). These species are to be removed in the project area. 5. ANIMALS a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: 9 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 Birds: hawk (X), heron (x), eagle (x), songbirds, other: ______ _ Mammals: deer (x), bear, elk, beaver, other:----------- Fish: bass (x), salmon (x), trout (x), herring, shellfish, other ________ _ It is unclear if any of these animals actually reside on the site. b. List any threatened and endangered species known to be on or near the site. As per the Washington Department of Fish and Wildlife Priority Habitats and Species list: Chinook salman, Dolly Varden/ Bull Trout, Resident Coastal Cutthroat, Sockeye Salmon, Fall Chinook Salmon, Coho Salmon, Steelhead, Kokanee, and Winter Steelhead are all noted as having an occurrence in Lake Washington. It is unclear whether they actually live in the vicinity. c. Is the site part of a migration route? If so, explain. Lake Washington is a Salmon migration route. It is unclear if this part of the lake is part of that route. d. Proposed measures to preserve or enhance wildlife, if any: The mitigation plan is intended to create a more suitable habitat for these species. e. List any invasive animal species known to be on or near the site. Please see the Biological Evaluation included with this application. 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. The lifts will be powered by solar power. No other power needs are needed for the completed project. 10 C:\Users\Rob\Oropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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: The use of solar power is a conservation measure. 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. None that we are aware of. 1) Describe any known or possible contamination at the site from present or past uses. None that we are aware of. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None that we are aware of. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None that we are aware of. 4) Describe special emergency services that might be required. No special emergency services are required. 5) Proposed measures to reduce or control environmental health hazards, if any: 11 C:\Users\Rob\Oropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 None proposed. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None that we are aware af. 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. Normal construction noise would be created during construction. The completed project will create no new sources of emissions. 3) Proposed measures to reduce or control noise impacts, if any: None proposed. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Single family residential. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use? None that we are aware of. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of 12 C:\Users\Rob\Oropbox\Projects\Joos_Paul Dock 2016\0ocuments\Permits\City Forms\envchlst.doc Rev: 08/2015 • pesticides, tilling, and harvesting? If so, how: Not that we are aware of. c. Describe any structures on the site. The site contains a house, and bulkhead. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R-8 f. What is the current comprehensive plan designation of the site? "Does not apply" as per King County Parcel Viewer. g. If applicable, what is the current shoreline master program designation of the site? We do not have this information. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. lake Washington is considered a critical area. 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 PROPOSED. 13 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Project will be permitted at local, state and federal levels. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: None proposed. 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 proposed. 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? About 7'above OHWL b. What views in the immediate vicinity would be altered or obstructed? 14 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 None c. Proposed measures to reduce or control aesthetic impacts, if any: None proposed. 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? Not that we are aware of. c. What existing off-site sources of light or glare may affect your proposal? None that we are aware of d. Proposed measures to reduce or control light and glare impacts, if any: None Proposed. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The site is near to the Gene Coulon Memorial Beach Pork. 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 Proposed 13. HISTORIC AND CULTURAL PRESERVATION 15 C:\Users\Rob\Dropbox\Projects\)oos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. Not that we are aware of. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Is there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None that we are aware of c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. The Army Corps of Engineers as a lead agency will consult with the tribes prior to permit issuance. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. None proposed. 14. TRANSPORTATION a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The site is served by Mountain View Ave North. No new access is proposed for this project. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Lake Washington BLVD N is parallel to Mountain View Ave N and has a transit line. The intersection of Mountain View Ave North and Lake Washington BLVD North is about a quarter mile from the site. 16 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? None. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). No. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates? None. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. Not that we are aware of. h. Proposed measures to reduce or control transportation impacts, if any: None proposed. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services {for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. 17 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 None proposed. 16. UTILITIES a. Check or circle utilities currently available at the site: electricity, x natural gas, x water, x refuse service, x telephone, x sanitary sewer, x 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. No new utilities are proposed. C. SIGNATURE D::@Q] The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Proponent Signature:----------------------- Name of Signee (printed):-------------------- Position and Agency/Organization:------------------ Date Submitted: ----------- 18 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 0. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS~ (These sheets should only be used for actions involving decisions on policies, plans and programs. You do not need to fill out these sheets for project 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 ofthe 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: 19 C:\Users\Rob\Oropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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, floodplains, 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? 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. 20 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 Denis Law Mayor June 10, 2016 Community & Economic Development Department C.E."Chip"Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box47703 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 June 6, 2016: SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM) PROJECT NAME: Joos Family Pier PROJECT NUMBER: LUAlG-000316, ECF, SM, MOD Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on June 24, 2016, 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) 430-6598. For the Environmental Review Committee, j»1{P7) Jill Ding Senior 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 Preseivation Ramin Pazooki, WSDOT, NW Region Larry Fisher, WDFW Duwamlsh Tribal Office US Army Corp. of Engineers Renton City Hall • 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ---------Renton® ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA16-000316, ECF, SM, MOD Paul Joos, Joos Family LLC, 4057 Williams Avenue N, Renton, WA 98056 Joos Family Pier PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3'-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (lW' minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). PROJECT LOCATION: LEAD AGENCY: 2909 Mountain View Avenue N {Parcel No. 334210-3953) 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 June 24, 2016. 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. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: DATE OF DECISION: SIGNATURES: JUNE 10, 2016 JUNE 6, 2016 Date Date --------Renton® Mark eterson, Adm nistrator Fire & Emergency Services C.z.\ ). i= C.E. "Chip" Vincent, Administrator Department of Community & Economic Development th }1,, ~ (,, /1, lh I I Date DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -------Renton® DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA16-000316, ECF, SM, MOD Paul Joos, Joos Family, LLC, 4057 Williams Ave N, Renton, WA 98056 Joos Family Pier PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3'-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (lW' minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 2909 Mountain View Ave N The City of Renton Department of Community & Economic Development Planning Division 1. A final planting shall be submitted at the time of building permit review that shall include native trees and shrubs that will overhang the shoreline for review and approval by the Current Planning Project Manager. All plantings shall be installed and inspected prior to building permit final. ADVISORY 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 not subject to the appeal process for the fond use actions. PLAN -Planning Review -Land Use Version 1 I June 02, 2016 Engineering Review Comments Contact: Rohini Nair I 425-430-7298 I rnair@rentonwa.gov Recommendations: A street modification request to allow the ROW width and street improvements on Mountain View N Ave to remain as existing has been submitted by the applicant. The street modification request in the correct format should be submitted by the applicant. Planning Review Comments Contact: Jill Ding\ 425-430-6598 \ jding@rentonwa.gov Recommendations: 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. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. 5. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 6. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING -Protected Trees" or on each side of the fencing if less than fifty feet (SO'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. 7. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines (2007) and /or your U.S. Fish and Wildlife Service permit. Technical Services Comments Contact: Amanda Askren I 425-430-7369 I aaskren@rentonwa.gov Recommendations: Boundary survey showing easements on the property was not provided. Unable to determine if the requested location for the structure is located within the easements of record per the title report. ERC Mitigation Measures and Advisory Notes Page 2 of2 ----------RentOil ® OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Joos Family Pier, LLC PROJECT NUMBER: LUAlS-000316, ECF, SM, MOD LOCATION: 2909 Mountain. View Ave N DESCRIPTION: THE APPLICANT IS REQUESTING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND ENVIRONMENTAL (SEPA) REVIEW FOR THE CONSTRUCTION OF A 140-FOOT LONG PIER FOR THE PRIVATE USE OF A SINGLE FAMILY RESIDENTIAL PROPERTY OWNER. THE MAIN WALKWAY WILL BEGIN WITH A 3'-11" WIDTH FOR THE FIRST 30 FEET. THE REMAINDER OF THE WALKWAY 15 TO BE 5'-11". THE PIER WILL HAVE A 5'·11" BY 23'·1" ELL AND A 1'-11" BY 23'-1" FINGER ELL. THE PROPOSED PIER 15 TO BE CONSTRUCTED WITH GALVANIZED STEEL PILES, GALVANIZED STEEL CAPS, AC2A TREATED STRINGERS, GLULAM SIDES, AND THRU·FLOW PLASTIC GRATING TO ALLOW FOR LIGHT PENETRATION. THE PROPOSED PIER HAS TWO 10" DIAMETER MOORING PILES. THE APPLICANT PROPOSES TO INSTALL A FREESTANDING BOATLIFT AND A FREESTANDING 8-FOOT BY 10-FOOT GRATED PLATFORM LIFT, AS MITIGATION FOR THIS PROJECT, THE APPLICANT PROPOSES TO CREATE A MORE NATURAL BEACH AND TO IMPLEMENT A PLANTING PLAN. THE PROPOSED SHORELINE WORK ENTAILS BANK STABILIZATION BEHIND THE ORDINARY HIGH WATER LINE, THE REMOVAL OF DEBRIS AND A CONCRETE BULKHEAD AND STEPS, THE PLACEMENT OF 50 CUBIC YARDS OF 2" MINUS SPAWNING GRAVEL (1%" MINUS GRAVEL MAY BE USED IF 2" MINUS GRAVEL 15 UNAVAILABLE), AND INSTALLATION OF NATIVE PLANTINGS. THE PROJECT SITE 15 LOCATED WITHIN THE SHORELINE RESIDENTIAL DESIGNATION AND IS WITHIN LAKE WASHINGTON REACH E. THE SITE 15 ZONED RESIDENTIAL-8 (R-8). 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 filed In writing on or before 5:00 p.m. on June 24, 2016, 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, (4251430-6510. 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 ----------· Renton® 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: June 30, 2016 LUA16-000316, ECF, SM, MOD April 25, 2016 May 5, 2016 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/ APPLICANT: PROJECT LOCATION: LEGAL DESCRIPTION: (Per King County Assessors Records} Joos Family LLC Pier CONCURRENCE DATE Jill Ding, Senior Planr1@1-~~~~;;;;;;;;;;;;;;;. _ _j NAME INITIAL/DATE Paul Joos Vll C-Z'fty Joos Family, LLC 4057 Williams Aven Renton, WA 98056 ~=:!:'..l,.._..!........;~~11.U.J Rebecca Henderson Marine Restoration & Construction, LLC PO Box 884 Kirkland, WA 98083 2909 Mountain View Avenue N THE SOUTH 10 FEET OF LOT 69; ALL OF LOTS 70,71, AND 72; IN BLOCK "A" OF C.D. HILLMAN'$ LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATILE NO. 1 AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT OF THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR Agencies See Attached Joos Family, LLC Owner Becky Henderson, Marine Restoration&Construction Contact Milt Reimers Party of Record (Signature of Sender): STATE OF WASHINGTON ,,,,\\\\\\111, ~,,, 1'-'-y Po ,,,,, ) SS ::: , ,..0,.,.,••""""'" ~.1,. I~ = "<. -.,,.,.~,··!#, '-f) -~ COUNTY OF KING ) 3 /o~ ,i.OT4.p ~\I)~ ;;: ;<., AJ' ~ .,., ;;: .... ~ ::: I certify that I know or have satisfactory evidence that Sabrina Mirante :; ~ % .. "• ~ ;: signed this instrument and acknowledged it to be his/her/their free and voluntary act ~J,~~~q ~sj, mentioned in the instrument. ft,, O.,c-~""'""'"...,o"-.::f! 1111 ,..,ASI-I\~ ,,"" ''"\\\\\\\'''" Dated: ---'~"""'d/Y)/1"""'....._.\..,.0...,_ 1 _;, ... p...._l(.,.,> Not Notary (Print): ___ --'-·-·-'.4--' .... P .... a'-'w""-"«5"-<-------------- My appointment expires: J ,21 ;io l l° ,, 4{-I Joos Family Pier LUA16-000316, ECF, SM, MOD template -affidavit of service by mailing • AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology •• Dept, of Ecology "'* Muckleshoot Indian Tribe Fisheries Dept. ** Environmental Review Section Attn: Misty Blair Attn: Karen Walter or SEPA Reviewer PO Box47703 PO Sox47703 39015 -172"' Avenue SE Olympia, WA 98504-7703 Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region • Ouwamish Tribal Office • Mucldeshoot Cultural Resources Program•• Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Laura Murphy King Area Dev. Serv., MS-240 Seattle, WA 98106-1514 39015172"" Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers • KC Wastewater Treatment Division* Muckleshoot Cultural Resources Program ** Seattle District Office Environmental Planning Supervisor Attn: Erin Slaten Attn: SEPA Reviewer Ms. Shirley Marroquin 39015 172"" Avenue SE PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Auburn, WA 98092-9763 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers *0 WOFW -Larry Fisher• Office of Archaeology & Historic PreservatiOn* Depart. of Natural Resources 1775 12th Ave. NW Suite 201 Attn: Gretchen Kaehler PO 6ox47015 Issaquah, WA 98027 PO Box48343 Olympia, WA 98504-7015 Olymoia, WA 98504-8343 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Tim McHarg Attn: Charlene Anderson, AICP, ECO 35030 SE Douglas St. #210 Director of Community Development 220 Fourth Avenue South Snoqualmie, WA 98065 12835 Newcastle Way, Ste 200 Kent, WA 98032-5895 Newcastle, WA 98056 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Wendy Weiker, Community Svcs. Mgr. Jack Pace 1 Responsible Official Gary Kriedt 355 110'' Ave NE 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 Mailstop EST ll W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98004 Seattle Public Utilities Puget Sound Energy Jalaine Madura, Doug Corbin~ Municipal Liaison Mgr. Attn: SEPA Responsible Official 6905 South 228'' St 700 Fifth Avenue, Suite 4900 Kent, WA 98032 PO Box34018 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 ** Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: f<Walter@muck!eshoot.nsn,us / Laura.murphy@muckleshoot.nsn.µs l erin.staten@muckleshoot.nsn.us •**Department 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 Joos Family LLC 4507 Williams Ave N Renton, WA 98056 mnrrr Becky Henderson Marine Restoration & Construction LLC PO Box 884 Kirkland. WA 98083 Milt Reimers 2907 Mountain View Ave N Renton, WA 98056-2518 i PLEASE INCWDETitE PROJECT NUMSER WHEN CAW NG FOR PROPER FILE IDENTIFICATION. CT THE CITY OF RENTON DEPARTMENT 0~ FOR FURTHER ~%\'~~~~'iNe!ci~~s~l~olEVi:lo?MENT AT /425\ 43a-'nooiA ON 00 Ndi-REMOVE THIS NOTICE WITHOUT PROl'£R AUTHOR! Tl I CERTIFICATION I, T,~ ~ kss . hereby certify that 3 copies of the above document were posted in~ conspicuous places or nearby the described property on Date: 0{11 o/ t (:, -~-~'-#----,.,------------Signed: __ /_l&:::--_--_L __ ~,-...C.-~----- STATE OF WASHINGTON COUNTY OF KING ) ) ss ) I certify that I know or have satisfactory evidence that T, ra I owl:e;;. s: 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: Motary {Print): -2oG I ~-------. ij .· ,. .... Leslie Betlach ------Renton® Plan Review Routing Slip Plan Number: LUA16-000316 Name: Joos Family LLC Pier Site Address: 2909 MOUNTAIN VIEW AVE N Description: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3' -11" width for the first 30 feet. The remainder of the walkway is to be 5' -11". The pier will have a 5' -11" by 23' -1" ell and a 1' -11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (HI" minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). Review Type: Community Services Review-Version 1 Date Assigned: 05/05/2016 Date Due: 05/19/2016 Project Manager: Jill Ding Environmental Impact Earth Animals Air Environmental Health Water Energy/Natural Resources Pia nts Housing Land/Shoreline Use Aesthetics Where to enter your comments: Manage My Reviews Which types of comments should be entered: Light/Glare Historic/Cultural Preservation Recreation Airport Environmental Utilities 10,000 Feet Transportation 14,000 Feet Pub Ii c Service Recommendation -Comments that impact the project including any of the Enivornmental Impacts above. Correction -Corrections to the project that need to be made before the review can be completed and /or requesting submittal of additional documentation and/or resubmittal of existing documentation. What statuses should be used: Reviewed -I have reviewed the project and have no comments. Reviewed with Comments -I have reviewed the project and 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. ~Oill2t &vd 6 -/!)-/ u Signature of Director or Authorized Representative Date Denis Law Mayor June 10, 2005 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 (SEPAi THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on June 6, 2016: SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM) PROJECT NAME: Joos Family Pier PROJECT NUMBER: LUAlG-000316, ECF, SM, MOD Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on June 24, 2016, 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) 430-6598. For the Environmental Review Committee, r1w.p7} Jill Ding Senior 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 Ouwamish Tribal Office US Army Corp. of Engineers Renton City Hall • 1055 South Grady Way ~ Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -------Renton® ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA16-000316, ECF, SM, MOD Paul Joos, Joos Family LLC, 4057 Williams Avenue N, Renton, WA 98056 Joos Family Pier PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3'-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of SO cubic yards of 2" minus spawning gravel (lY," minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). PROJECT LOCATION: 2909 Mountain View Avenue N (Parcel No. 334210-3953) 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 June 24, 2016. 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. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: DATE OF DECISION: SIGNATURES: JUNE 10, 2016 JUNE 6, 2016 6/6 //6 Date Date --------Renton 8 eterson, Adm nistrator Fire & Emergency Services c.~.\ ). i: C.E. "Chip" Vi~ Administrator Department of Community & Economic Development (,, 1 /);- ~ G,/1,/1, r1 Date DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ------Renton® DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA16-000316, ECF, SM, MOD Paul Joos, Joos Family, LLC, 4057 Williams Ave N, Renton, WA 98056 Joos Family Pier PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3'-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (lY," minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 2909 Mountain View Ave N The City of Renton Department of Community & Economic Development Planning Division 1. A final planting shall be submitted at the time of building permit review that shall include native trees and shrubs that will overhang the shoreline for review and approval by the Current Planning Project Manager. All plantings shall be installed and inspected prior to building permit final. ADVISORY 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 not subject to the appeal process for the land use actions. PLAN -Planning Review -Land Use Version 1 I June 02, 2016 Engineering Review Comments Contact: Rohini Nair I 425-430-7298 I rnair@rentonwa.gov Recommendations: A street modification request to allow the ROW width and street improvements on Mountain View N Ave to remain as existing has been submitted by the applicant. The street modification request in the correct format should be submitted by the applicant. Planning Review Comments Contact: Jill Ding I 425-430-6598 I jding@rentonwa.gov Recommendations: 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. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. 5. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 6. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (SO') indicating the words, "NO TRESPASSING -Protected Trees" or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. 7. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines (2007) and /or your U.S. Fish and Wildlife Service permit. Technical Services Comments Contact: Amanda Askren I 425-430-7369 I aaskren@rentonwa.gov Recommendations: Boundary survey showing easements on the property was not provided. Unable to determine if the requested location for the structure is located within the easements of record per the title report. ERC Mitigation Measures and Advisory Notes Page 2 of 2 ~--· -I'""'\,d CITY OF _________ .. .-.. =<..en ton ® OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: PROJECT NUMBER: Joos Family Pier, LLC LUAlS-000316, ECF, SM, MOD LOCATION: 2909 Mountain View Ave N DESCRIPTION: THE APPLICANT IS REQUESTING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND ENVIRONMENTAL {SEPA) REVIEW FOR THE CONSTRUCTION OF A 140-FOOT LONG PIER FOR THE PRIVATE USE OF A SINGLE FAMILY RESIDENTIAL PROPERTY OWNER. THE MAIN WALKWAY WILL BEGIN WITH A 3'-11" WIDTH FOR THE FIRST 30 FEET. THE REMAINDER OF THE WALKWAY IS TO BE 5'-11". THE PIER WILL HAVE A 5'-11" BY 23'-1" ELL AND A 1'-11" BY 23'-1" FINGER ELL THE PROPOSED PIER IS TO BE CONSTRUCTED WITH GALVANIZED STEEL PILES, GALVANIZED STEEL CAPS, AC2A TREATED STRINGERS, GLULAM SIDES, AND THRU-FLOW PLASTIC GRATING TO ALLOW FOR LIGHT PENETRATION. THE PROPOSED PIER HAS TWO 10" DIAMETER MOORING PILES. THE APPLICANT PROPOSES TO INSTALL A FREESTANDING BOATLIFT AND A FREESTANDING 8-FOOT BY 10-FOOT GRATED PLATFORM LIFT. AS MITIGATION FOR THIS PROJECT, THE APPLICANT PROPOSES TO CREATE A MORE NATURAL BEACH AND TO IMPLEMENT A PLANTING PLAN. THE PROPOSED SHORELINE WORK ENTAILS BANK STABILIZATION BEHIND THE ORDINARY HIGH WATER LINE, THE REMOVAL OF DEBRIS AND A CONCRETE BULKHEAD AND STEPS, THE PLACEMENT OF 50 CUBIC YARDS OF 2" MINUS SPAWNING GRAVEL (1W MINUS GRAVEL MAY BE USED IF 2" MINUS GRAVEL IS UNAVAILABLE), AND INSTALLATION OF NATIVE PLANTINGS. THE PROJECT SITE IS LOCATED WITHIN THE SHORELINE RESIDENTIAL DESIGNATION AND IS WITHIN LAKE WASHINGTON REACH E. THE SITE IS ZONED RESIDENTIAL·S {R-8). 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 filed in writing on or before 5:00 p.m. on June 24, 2016, 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 AUTHORlZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. DEPARTMENT OF COMI NITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: June 6, 2016 PART ONE: PROJECT BACKGROUND Project Name: Project Number: Project Manager: Owner: Applicant: Contact: Project Location: Project Summary: Exist. Bldg. Area SF: Site Area: 45,349 sf STAFF RECOMMENDATION: Joos Family Pier LUA16-000316, ECF, SM, MOD Jill Ding, Senior Planner Joos Family LLC, 4057 Williams Avenue N, Renton, WA 98056 Paul Joos, Joos Family LLC, 4057 Williams Avenue N, Renton, WA 98056 Rebecca Henderson, Marine Restoration & Construction, LLC, PO Box 884, Kirkland, WA 98083 2909 Mountain View Avenue N (Parcel No. 334210-3953) The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3'-11" width for the first 30 feet. The remainder of the walkway is to be 5' -11". The pier will have a 5' -11" by 23' -1" ell and a 1' -11" by 23' -1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (lYz" minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). 3,520 sf Proposed New Bldg. Area: 951 sf Total Building Area GSF: 4,471 sf Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance-Mitigated (DNS-M). Project Location Map ERC Report_Joos Family Pie,_16-000316 City of Renton Department of Commu JOOS FAM/l Y PIER l Economic Development Environmental Review Committee Report WA16-000316, ECF, SM Report of June 6, 2016 Page 2 of s 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. B. Mitigation Measures C. 1. A final planting shall be submitted at the time of building permit review that shall include native trees and shrubs that will overhang the shoreline for review and approval by the Current Planning Project Manager. All plantings shall be installed and inspected prior to building permit final. 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 Exhibit 14 Exhibit 15 Exhibit 16 Environmental Review Committee Report Biological Evaluation/Lake and Stream Study Report, prepared by Marine Surveys & Assessments, dated April 151h, 2016 Existing Site Plan Existing Site Plan (larger scale) Proposed Plan View Proposed Elevation View Proposed Section Detail (for 3' 11" wide portion of pier) Proposed Section Detail (for 5' 11" wide portion of pier) Connection Detail Proposed Beach Mitigation Section A2: Shoreline Section B2: Proposed Bulkhead Proposed Planting Mitigation Plan Email Comments from Karen Walter dated May 18, 2016 Comment Response to Karen Walter provided by applicant, dated May 24, 2016 Advisory Notes to Applicant D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the prapasal is likely to have the following probable impacts: 1-Earth Impacts: The proposed project includes the placement of 50 cubic yards of 2-inch minus washed round spawning gravel along the shoreline of the project site (1 Y, inch minus gravel may be £RC Report_loos Family Pier_16-000316 City of Renton Department of Community & Economic Development JOOS FAMILY PIER Report of June 6, 2016 Environmental Review Committee Report LUA16-000316, ECF, SM Page 3 of 5 substituted if 2-inch minus gravel is unattainable). For shoreline stabilization, 6-inch to 8-inch crushed rock with 1 X inch minus gravel, and top soil would be installed above the ordinary high water line (OHWL). The use of a silt curtain is proposed to mitigate any erosion that may occur from the project construction and shoreline enhancement activities. No further mitigation is recommended at this time. Mitigation Measure: None recommended. Nexus: Not Applicable. 2. Water a. Wetland, Streams, and Lakes Impacts: A Biological Evaluation/Lake and Stream Study Report, prepared by Marine Surveys & Assessments, dated April 15 1h, 2016 (Exhibit 2) was submitted with the project application. The project site abuts and is within Lake Washington, a designated shoreline of statewide significance. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The proposal includes the construction of a new dock and boat lift and stabilization of the existing bulkhead and the removal of the dilapidated face of the existing bulkhead and the removal of debris that has collected along the shoreline. Shoreline stabilization (including 3-4 man rock) is proposed to be constructed landward of the existing bulkhead and then the existing bulkhead would be removed. A cove beach area would be constructed in front of the replacement shoreline stabilization. The proposed dock would be composed of a 3-foot 11-inch by 30-foot, then 5-foot 11-inch by 110- foot main dock structure. A 5-foot 11-inch by 21-foot 1-inch dock section would be added at a right angle to the main dock section. An additional 1-foot 11-inch by 21-foot 1-inch finger dock section would also be added to the main dock section to provide a boat slip. Twenty 6-inch diameter galvanized steel pilings would support the dock and two 10-inch diameter galvanized steel pilings would be installed to facilitate the boat moorage. A freestanding boatlift would be located adjacent to the proposed dock 60 feet from the replacement bulkhead. An additional freestanding 8-foot by 10-foot grated platform lift would be located adjacent to the small finger dock. The dock would have glulam sides, ACZA stringers and galvanized steel caps and galvanized steel pilings. ThruFlow plastic grating (43% open area) would be installed on the dock. The pilings would be driven with an impact hammer, using a thick wooden block as a sound attenuation measure, the wood block would be at least 6 inches thick. The Biological Evaluation/Stream and Lake Study Report (Exhibit 2) concludes that the proposed project has taken the appropriate measures to avoid and minimize potential impacts and that no net-loss of ecological function would result from the project. No further mitigation is recommended at this time. Mitigation Measures: No further mitigation recommended. Nexus: Not applicable. 3. Plants ERC Report_Joos Family Pier_16-000316 City of Renton Department of Community & Economic Development JOOS FAMILY PIER Report of June 6, 2016 Environmental Review Committee Report LUA16-000316, ECF, SM Page 4 of s Impacts: A Shoreline Mitigation Planting Plan (Exhibit 13) was submitted with the application materials. The planting plan includes the installation of the following plants: serviceberry, bloodtwig dogwood, Oregon grape, dwarf oakleaf hydrangea, subalpine spirea, stonecrop, red- flowering currant, birch or Aspen trees, small fruited bulrush daggerleaf bulrush, iris, lawn and large areas of kinnickinnick. During the 14-day public comment period, staff received the following comments from the Muckleshoot Indian Tribe "The planting plan should be revised to include native trees and shrubs that will overhang shoreline. Most of the plants shown adjacent to the shoreline are too short (i.e. kinnickinnick) and/or are non-native (i.e. White Bark Himalayan birch (Betula jacquemonti). A robust planting plan is needed to partially mitigate for the overwater and inwater coverage from the new -912.so square foot pier and boatlifts in depths less than 15 feet of Lake Washington" (Exhibit 14). These comments were provided to the applicant; however the applicant elected to not revise their planting plan (Exhibit 15). To address the comments received from the Muckleshoot Tribe and to ensure that any adverse impacts to juvenile fish species are adequately mitigation, staff recommends, as a SEPA mitigation measure, that a final planting plan be submitted at the time of building permit review. The final planting plan shall include native trees and shrubs that will overhang the shoreline. The final planting plan shall be submitted to the Current Planning Project Manager for Review and approval. All plantings shall be installed prior to final building inspection. Mitigation Measures: A final planting shall be submitted at the time of building permit review that shall include native trees and shrubs that will overhang the shoreline for review and approval by the Current Planning Project Manager. All plantings shall be installed and inspected prior to building permit final. Nexus: SEPA Environmental Regulations and RMC 4-3-090 Shoreline Master Program. 4. Animals Impacts: Wildlife and critical habitat are located near and around the subject site including fish that are considered endangered species. The submitted Biological Evaluation/Stream and Lake Study evaluate the habitat, species, and potential impacts from the proposed dock and shoreline restoration activities (Exhibit 2). The study provides detailed information about Puget Sound Chinook, Bull Trout, Puget Sound Steelhead, and Marbled Murrelet marine birds. The study states that it is unlikely that murrelets would be present in the project vicinity. The potential direct impacts caused by the construction evaluated the increased noise and turbidity from pile driving. The potential indirect effects evaluated included the alteration of juvenile salmon migratory pathways for freshwater and marine waters, an increase in salmonid predation and reduction in prey resources and refuge due to shading of the substrate by the pier and boat lifts. The report concludes that it is likely that "no take" would result from the project proposal. The Biological Evaluation/Stream and Lake Study (Exhibit 2) species evaluation states that the Puget Sound Chinook, Bull Trout, and Puget Sound Steelhead the project would result in a determination of "May affect, not likely to adversely affect" and the Marbled Murrelet a determination of "No effect" was made. The study further evaluated the pile driving noise and turbidity of installing the piles on the fish and states that in-water construction should be limited to between July 16 and December 31, WDFW's approved construction window. The 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 ERC Report_Joos Family Pier_16-000316 City of Renton Department of Community & Economic Development JOOS FAMILY PIER Report of June 6, 2016 Environmental Review Committee Report LUA16-000316, ECF, SM Page 5 of s result of construction activities associated with the proposed project. Staff recommends a mitigation measure that if at any time, as result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall immediately cease and the Washington Department of Fish and Wildlife (WDFW) and the Washington Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the WDFW. In addition, as previously discussed above under "Plants", the proposed planting plan as required to be amended would benefit fish and other species by assisting in restoration of the ecological function of Lake Washington. Mitigation Measures: Project construction shall comply with the recommendations provided in the Biological Evaluation/Lake and Stream Study Report, prepared by Marine Surveys & Assessments, dated April 151h, 2016. Nexus: SEPA Environmental Regulations and RMC 4-3-090 Shoreline Master Program. 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." ./ 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 June 24, 2016. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall-7'h Floor, (425) 430-6510. ERC Repon_Joos Family Pie,_16-000316 \ n/Lake For:· Paul Joos 2909 Mountain View Avenue North Renton, WA 98056 MARINE SURVEYS ft ASSESSMENTS 267 Hudson Street Port Townsend WA 98368 ( 360) 385-4073 marine. surveys. inc@gmail.com ' FULL DOCUMENT AVAILABLE UPON REQUEST EXHIBIT 2 ~ ::c ... ca ... -I w NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. <~'" <"., ' "ii,, --UIEl'Ul(R'I) 16-:. GRAPHIC SCALE 70' 0 35' 1111 -Ill 1" = 70" 70' I PARCEL 3342103985 2905 MOUNTAIN VIEW AVE N REIMERS, MILTON & BEVERLY EXISTING SITE PLAN @ SCALE: 1" = 70' ~ MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 • -- \ \ \ ' 1\ • • • \ • ' \ I ' ' \ ' • \ • • \ • • • • \ • • \ \ PAGE 2 of 12 a MARINE RESTORATION & CONSTRUCTION LLC " E MAIL INFO@MARINELLC COM lHIS DRAWING IS PROPERTY OF MARINE RESTORATION & CONSTRUCTION LLC AND ~ -: • MAY NOT BE COPIED OR REPRODUCED WITHOUT WRITTEN CONSENT ~ :::c t-f m :i .,::a. o· 11111 wa CONCRETE BULKHEAD GRAPHIC SCALE 0 20· 40' • Ill I I 1" = 40" B2 ~STING WATEb_J PUMP i ~ ~~ fl~ ~D :gt;~;;; ~ 2 f?C/J ',J !:J ~;;; ~c;J CONCRETE STEPS CONCRETE SLAB EXISTING SITE PLAN SCALE: 1" = 40' OHWL g ~ NOTE: Property infonnation for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. le ~ 1 i ~ § /{/o !I ~~;:;; IJ~,.._ Ftf1B ~ff§ ---~--__l "'" [?fr? & ;::,;.8.;?: :ir! if _('"j f;? ffe !- t) PAGE 3 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE (425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRAWING IS PROPERTY Of MARINE RESTORATION & CONSTRUCTION LLC AND MAY NOT BE COP!EO OR REPROOUCED WITHOUT WRITTEN CONSENT ~ ::c 1-1 c:, ~ u, NOTE: LIFT LOCATIONS DEPICTED ARE THE OPTIMUM LOCATIONS. THE LIFTS MAY BE A MAXIMUM OF 5' (+/-) FROM THIS LOCATION DUE TO SITE CONDlTIONS. 40' 95·~5·· ( + /-) 54'-6" (+/-) s·-,r· SOLAR POwERao LED LIGHTS 1·-11" PROPOSED FREESTAt'JDING 8'><10' GRATED PLA iFORM LIFT LOCATION. PROPOSED! BOA TUFT LOCATION SANITARY SEWER LINE TO BE LOCATED BY A PROFESIONAL LOCATER PRIOR TO CONSTRUCTION 0 20' ] l OHWL 27'-0' (+/-) Project Description: 18'-0" Construct a dock with glulam sides, ACZA stringers, and galvanized steel caps and 611 diameter piling (20). Drive two 10" diameter mooring piling. Install a freestanding boatlift and a freestanding grated platform lift. As mitigation, the applicant proposes to create a more natural beach and to implement a planting plan. Proposed dock sqaure footage: 951 so'-o" 1t"J MOORING P[LE~ (2) g ~ le ~ " ,I ;, f!1 I s·-or ~ i ~~ri{ F!JQO ,-.0§; ~'::!;:, ,p RASS SEWER TAGS TO ,.,,~r BE PLACED ON BOTH SIDES OF THE PIER WHERE THE SEWER LINE IS LOCATED. ~ Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. Ill -Ill 111 = 40 11 PROPOSED PLAN VIEW SCALE: 1' = 40' t) a PAGE 4 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRAWING IS PROPERTY OF MARINE RESTORATION & CONSTRUCTION LLC AND MAY NOT BE COPIED OR REPROOUCED 'NITHOUT YlfilTTH.I CONSENT ~ :::c 1-1 0:, =I 0\ Project Description: Construct a dock with glulam sides, ACZA stringers. and galvanized steel caps and 6" diameter piling (20). Drive two l O" diameter mooring piling. Install a freestanding boatlift and a freestanding grated platfonn lift. As mitigation, the applicant proposes to create a more natural beach and to implement a planting plan. Proposed dock sqaure footage: 951 H~ OHWL 140'-D" NOTE: LIFT LOCA T!ONS DEPICTED ARE THE OPTIMUM LOCA T!ONS. THE LIFTS MAY BE A MAXIMUM OF 5' (+/-) FROM THIS LOCATION DUE TO SITE CONDITIONS. PROPOSED FREESTANDING BOATLIFT IN 4'-6n WATER DEPTH AT THE LANDWARD MOST SIDE. r-r· (+/-) II "'II IIN 9'-7" (+/) 110·-o· (+/-) --------------,-i PROPOSED FREESTANDING s·x,o· GRATED PLATFORM LIFT IN 7'-1" (+/-) WATER DEPTH AT THE LANDWARD MOST SIDE. PROPOSED ELEVATION VIEW SCALE: 1" = 20' PAGE 5 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirklond, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRA'MNG IS PROPERTY OF IAARINE RESTORATION & CONS1RUCTION LLC ANO IAAY NOT BE COPIED OR REPRODUCED .,,,,lHOUT v.1'11T1EN CONSENT ~ i ~ " ~ ~ 5.lfX12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING %" THRU BOLTS LOW VOLTAGE LIGHTS (20) i" THRU SOL TS ON 3' CENTERS (TYP) PROPOSED TOP VIEW SCALE: 112" = 1'-0'" 3'-0" (TYP) SEE CONNECTION DETAIL ON PAGE 9. 2'-6" W6X15 GALVANIZED STEEL "I" BEAM 2X4 NAILERS 18" O.C. 2'-0" PROPOSED SECTION DETAIL SCALE: 112" = 1 '-0"' PLASTIC THRU-FLOW GRATING 2X4 NAILERS 18" 0.C. 3x6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) PLASTIC THRU-FLOW GRATING 2X3 STEEL ANGLE BRACKET S)s"Xl 2" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING %" THRU BOLTS 3x6x16 GALVANIZED STEEL SADDLE j" THICK (TYP) n" GALVANIZED STEEL PLATE NEW GALVANIZED STEEL PILES (TYP) OHWL PAGE 6 of 12 a MARINE RESTORATION & CON~ P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: { 425) 576-8661 E FAX {425) 576-8669 ;::: EXHIBIT 7 . ~ i ~ • ~ 0 < 5,lf(X12" GLU-LAM BEAM ATTACHED TO EACH SADDLE USING ~f THRU SOL TS LOW VOLTAGE LIGHTS (20) :i" THRU SOL TS ON 3' CENTERS (T'YP) SEE CONNECTION DETAIL ON PAGE 9. 3'-0" (TYP) W6X15 GALVANIZED STEEL HI" BEAM PROPOSED TOP VIEW SCALE: 1/2" = 1'-0"' 2X4 NAILERS 15H O.C s·-11" PROPOSED SECTION DETAIL SCALE: 112" = 1'-0"' a MARINE RESTORATION & COl' P 0. BOX 884 Kirkland, WA 98083-0884 PHONE: ( 425) 576-8661 FAX: (425) 576-8669 PLASTIC THRU-FLOW GRATING 2X3 STEEL ANGLE BRACKET 2X4 NAILERS 15" o.c. 3x6x16 GALVANIZED STEEL SADDLE j" THICK (T'YP) PLASTIC THRU-FLOW GRATING 2X3 STEEL ANGLE BRACKET 3x6x16 GALVANIZED STEEL SADDLE j" THICK (T'YP) n'° GALVANIZED STEEL PLATE NEW GALVANIZED STEEL PILES {T'YP) OHWL PAGE 7 of 12 EXHIBIT 8 ~ ::z: t-f a, =I U) s)!Jx, 2 GLULAM BEAM (24F-V8} JX6X16xJi GALV S1£El SADDLE 6'" GALY. STEEL PILE 3X6X16 GALVANIZED STEEL SADDLE 1/2" THICK (TYP.} GALV. W6X15 PER PLAN 3X6X16 GAL.V. STEEL PLATE ~JX6X16 GALV. STEEL SADDLE l-~~f '"lr---i: Fa:;.-:: f---~-t --"s------f 1/4 li!! 3/16 3" MARINE GRADE SS SCREW ,/' / ~-3/4" THROUGH/\ 1 1 I 2+ BOLTS ON 3' i . CENTERS-TYP. I 5)fX12" GLU-LAM JS: GAL V. STEEL \. ···-.... LL--····/ PLASTIC THRU-FLOW GRATING 3X4 NAILER 3/4" GALVANIZED CARRIAGE SOLT AT EACH CONNECTION CONNECTION DETAIL N.T.S. 0 CONNECTION DETAIL NOTTO SCALE 'x3' THRU-FLOW PANEL FASTENED AT 6 PLACES EA. 3' TH RU-FLOW GRATED PANEL N.T.S. SI' SI' ~ 12X60X1 .2 THRU-FLOW PANEL FASTENED AT 10 PLACES EA. \c \c \61\11& \61\11& \c \61\11& 5' TH RU-FLOW GRATED PANEL N.T.S. PAGE 8 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: ( 425) 576-8661 E-MAIL: INFO@MAR!NELLC. COM ~~ ~~~":i~GJprr~0:RrrJ~ttite:1~E,,..,R£i~Of~~t ~:~~CTIQ>.I Ll.C AND MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECTSILTCURTIAN. -CONSTRUCT BANK STABILIZATIONBEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNING GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. "7-J!f --/ -:--I 17t ,.,....., . . . ' . . . . -,_., ~ , I ,, • . , . - --u :::0 -·~ . -. ·. ,, ·,-~~: ~ <' ; : ·~: 1 •' . ' ' ~ ' ; 00) ~ I V) '6/ I (§~ (""') C) EXISTING PUMP TO REMAIN ~ :::c .... m .... -I GRAPHIC SCALE ""' C) 10' I 5' j 10' 0 -Ill 1" = 10' 50 CUBIC YARDS OF 2" MINUS SPA'NNING GRAVEL (1t SPAWING GRAVEL MAY SUBSTITUTED IF 2" MINUS IS NOT OBTAINABLE.) ,, . ' .. '. ·.@~-'. '. -"," ,·· ·'·. · i., @~ PROPOSED BEACH MITIGATION SCALE: 1 '= 1 O' • OHWL, ,·'-' . FLAT WASHED GRANITE ROCK STEPS OHWL NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added information from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. t) PAGE 9 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM THIS DRAWING IS PROPERTY Of MARINE RESTORATION & CONSTRUCTION LLC AND l.!AY NOT BE COPIED OR REPRODUCED WITHOUT 'NRITTEN CONSENT MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATIONBEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNIGN GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. CONCRETE STEPS CONCRETE E3ULKµEAD .---. ·~ --------------~---.....---------.._.----------------------...,~ .... _,.-------~----.........---........,--------.--.... ~--------~-....--.......--··-. -. . . ...,.--. ..,__-~.~~~------~---------~----~--------~-------.,,. ...... ----=- ~0 CUE31C YARDS OF 2" MINUS ~PAWNING GRAVEL (I~" MINUS MAY 3E SUE3STITUTED IF 2" MINUS IS NOT SECTION A 1: EXISTING SHORELINE SCALE: NTS FLAT UJA5!-IEP ROUND GRANITE ROCK STEPS EHEs,:;ENT PLANTS. SEE PLANTING FLAN ON FA.c::i:E 1 FORM~ DETAILS. MAXIMUM SLOPE IS 1/4 SEE FA.GE I\ FOF<!: PLANTING PET AIL& m >< :::c 11-1 gi, 4TTAINAE3LE). I;\" MINUS GRAVEL ~~~~=~-:~~:=-=~=-=-•. ~.===-=~=~~'-.__/~~:~-~~;-;··;-;-~~;;;;;;,~;;;~;-;~~~ZC;t~~m: --~~---~~--~---~~-_ ,_ .. , .. , ........ , .. ,.. GEOTEXTILE • .... •· "-' FILTER FAE3RIC ~ ""'" ""'" a 6"-8" CRUSµED ROCK SECTION A2: SHORELINE SCALE:NTS PAGE 10 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL= 1NFO@MAR1NELLc.coM :~~ Z§~i~\~1~~0PJR~t,,i~i~~~E.:i~f~~t gg:m~~CTION LLC AND MITIGATION: BEACH ENHANCEMENT SEQUENCE: -MOBILIZE TO THE SITE. -ERECT SILT CURTIAN. -CONSTRUCT BANK STABILIZATIONBEHIND THE BULKHEAD AND THE ORDINARY HIGH WATER MARK. -REMOVE THE EXISTING BULKHEAD AND DEBRIS. -PLACE ROCKS, PLANTS, AND AND SPAWNIGN GRAVEL AS WORK WINDOWS AND PLANT SURVIVAL DICTATES. LOOSE ROCK AND DEBRIS. EXISTING CONCRETE BULK!-lEAD _______________ ______....._,._~-~~------·----------------...,,,-~------------------- ~ :c i,.f m ~ ... N SECTION B1: EXISTING BULKHEAD SCALE: NTS MAXIMUM SLOPE IS 1/4 see F""'6E II FOR PI..ANTINC:i: PET AIL 50 CUBIC YARDS OF 2" MINUS SPAWNING GRAVEL (I~" MINUS MAY BE SUBSTITUTED IF 2" MINUS IS NOT ATTAINABLE). ......___,..---~~-...~----··---.-----......~~·-------~----------,.,..--__----\----- 2-4 MAN WA~EP ROUND Gi,~NITE ROCK&, SEE BEACI-I MATERIAL &FEC&. TOP SOIL I;\" MINUS GRAVEL GEOTEXTILE FILTER FABRIC 6"-8" CRUS!-JED ROCK· SECTION B2: PROPOSED BULKHEAD LOOSE ROCK, DEBRIS, AND CONCRETE BULK!-lEAD TO BE REMOVED AFTER S!-lORELINE STABILIZATION 1-lAS BEEN COMPLETED BE!-llND T!-lE 01-lWL SCALE:NTS PAGE 11 of 12 a MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM U:,~ ~§f~~GJPl~~o~R~~~t~i~E....,~~~f~~~ go~i~~cnoN u_c AND ~ i " ~ ~ ~ LEGEND: PLANTS: TYPE: 1. AMELANCHIER ALNIFOLIA SERVICEBERRY 2. BETULAJACQUEMONTt BIRCH 3. ARCTOSTAPHYLO UVA-URSI KINNIKINNICK 4. CORNUS SANGUINEA BLOOOTWIG DOGWOOD 5. MAHONIA NERVOSA OREGON GRAPE 6. HYDRANGEA QUERCIFOLIA DWARF OAKLEAF HYDRANGEA 7. SPIREA DENSIFOLIA SUBALPINE SPIRAEA ~ ::c "'"' m ~ QTY: 3 3 183 10 30 16 7 r---- SIZE: SYMBOL: 5'-6' 0 1.5" CALIPER @ #1@2'0( ~ #5 Q #1@2'0( ~ #5 G) #2 @ PLANTS: TYPE: 8. RISES SANQUINEUM RED FLOWERING CURRENT 9. SCRIPUS MICROCARPUS SMALL FRUITED BULLRUSH 10. JUNCTUS ENSIFOLIUS DAGGERLEAF RUSH 11. IRIS TENAX IRIS 12. SEDUM SPALHIFOLUM STONECROP (MIXED) 13. SEDUM OREGANUM STONECROP (MIXED) OTHER MITIGATION: QTY: 3 12 7 7 ' 2 SIZE: SYMBOL: #5 @ #1 ~ #1 .. #1 * 4" FLATS .. 4" FLATS THE APPLICANT PROPOSES TO CREATE A MORE NATURAL BEACH AND TO PLACE 50 CUB1C YARDS OF 2" MINUS SPAWNING GRAVEL (lt" MAY BE SUBSTIUTED IF 2" MINUS IS NOT AVAILABLE). EXISTING PUMP TO REMAIN ,okw~ NOTE: Property information for this site was obtained from a survey and a quarter section. Marine Restoration & Construction LLC has added infonnation from other sources including field measurements and aerial photos. We are not surveyors and can not guarantee great level of accuracy. - STONE PATHWAY GRAPHIC SCALE .... w ~ c] --.. c:-g 23 I\:) CJ, ?:J t) ;g PROPOSED PLANTING MITIGATION PLAN SCALE: 1" = 15' 1,:;;' n -~ 7-5' I I I • -11111 1" = 15' a PAGE 12 of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P,Q, BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM lHIS DRAWING IS PROPERTY OF MARINE RESTORATION & CONSTRUCTION LLC ,',NO MA'f NOT BE COPIED OR REPRODUCED WITHOUT ...n;:1mN CONSENT Jill Din From: Sent: To: Cc: Karen Walter <KWalter@muckleshoot.nsn.us> Wednesday, May 18, 2016 2:23 PM Jill Ding Heller, Christa H (DFW) Subject: RE: City of Renton(SEPA) Notice of Application -Joos Family Pier -LUA16-000316, ECF, MOD, SM Jill, Thank you again for sending us the requested project materials for the proposed Joos Family LLC project at 2909 Mountain View Ave N in Renton. We have reviewed this information and offer the following initial question and comments in the interest of protecting and restoring the Tribe's treaty-protected fisheries resources: 1. More information is needed regarding the proposed LED lights on the pier (Page 4 of drawings). Artificial lights can adversely affect salmon by creating conditions that facilitate predation (see attached). The details needed are as follows: a. The need for the lights at the pier; b. The total number and location of lights proposed: c. The style and wattage of lights; d. The wavelength/spectrum of light bulbs to be used From this information, we will evaluate the potential impacts from the proposal and will make any recommendations necessary to avoid/minimize lighting impacts. 2. The planting plan should be revised to include native trees and shrubs that will overhang shoreline. Most of the plants shown adjacent to the shoreline are too short (i.e. kinnikinnick) and/or are non-native (i.e. White Bark Himalayan birch (Betula jacquemont1). A robust planting plan is needed to partially mitigate for the overwater and inwater coverage from the new -972.80 square foot pier and boatlifts in depths less than 15 feet of Lake Washington. 3. We request a copy of the "as-built" plans for the project, including all of the proposed mitigation and all of the subsequent monitoring reports completed for this project when they are sent to the regulatory agencies. We appreciate the opportunity to review this proposal and look forward to the responses and additional formation so that we may fully evaluate this project. Please let me know if you have any questions. 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 -----Original Message----- From: Jill Ding [mailto:JDing@Rentonwa.gov] Sent: Monday, May 09, 2016 6:23 AM To: Karen Walter Subject: RE: City of Renton(SEPA) Notice of Application -Joos Family Pier -LUAlG-000316, ECF, MOD, SM Hi Karen, EXHIBIT 14 1 See the attached documen.J you requested. Please note that L11e Biological Evaluation and Stream and Lake Study is one report. Jill -----Original Message----- From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us] Sent: Thursday, May 05, 2016 6:36 PM To: Jill Ding Subject: FW: City of Renton(SEPA) Notice of Application -Joos Family Pier -LUA16-000316, ECF, MOD, SM Jill, We received this NOA/ODNS earlier today. We will need more information to fully evaluate this project for potential impacts to salmon. Please send us a copy of the site and mitigation plans; the stream study; and biological assessment. According to the checklist, these documents were submitted with the application. 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: Thursday, May 05, 2016 3:39 PM To: DOE (misty.blair@ecy.wa.gov); DDE; DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Jill Ding Subject: City of Renton(SEPA) Notice of Application -Joos Family Pier -LUA16-000316, ECF, MOD, SM NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF Non-significance (dns) 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: May 5, 2016 LUA16-000316, ECF, MOD, SM Joos Family LLC Pier PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the construction of a 140- foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3'-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the 2 ordinary high water line, the removal of debris and a conc,o:te bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (lY." minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-a (R-8). PROJECT LOCATION: 2909 Mountain View Ave N, Renton, WA 98056 OPTIONAL DETERMINATION OF NON-SIGNIFICANCE (DNS): 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 43.21(.110, the City of Renton is using the Optional DNS process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance (DNS). 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. PERMIT APPLICATION DATE: April 25, 2016 NOTICE OF COMPLETE APPLICATION: May 5, 2016 APPLICANT/PROJECT CONTACT PERSON: Construction, LLC/ PO Box 884/ Kirkland, WA Rebecca Henderson, Marine Restoration & 98083/ 425-576-8661/ info@marinellc.com Permits/Review Requested: Environmental (SEPA) Review, Modification, Shoreline Substantial Development Other Permits which may be required: Building Permit Requested Studies: Critical Areas Report, Habitat Report, Stream/Lake Study Location where application may 3 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-8 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-2-110A Residential Development Standards, RMC 4-3-090 Shoreline Master Program and other applicable codes and regulations as appropriate. Comments on the above application must be submitted in writing to Jill Ding, Senior Planner, CED -Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on May 19, 2016. 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: Jill Ding, Senior Planner; Tel: (425) 430-6598; Eml: jding@rentonwa.gov Sabrina Mirante, Planning Secretary 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<mailto:smirante@rentonwa.gov> [cid:image001.png@01D1A6E4.60320460] 4 MARINE RESTORATION & CONSTRUCTION LLC P.O. Box 884 Kirkland, WA 98083-0884 Phone: (425) 576-8661 May 24, 2016 To: Karen Walter, Watershed and Land Use Leader Muckleshoot Indian Tribe Fisheries Division, Habitat Program 39015172ndAveSE Auburn, WA 98092 Applicant: Joos Family LLC 4057 Williams A venue North Renton, WA 98056 Site address: 2909 Mountain View Avenue North Renton, WA 98056 Re: Pier construction application. Project Number: LUA16-000316 Dear Ms. Walter, Marine Restoration & Construction LLC are acting as agents for the Joos Family LLC for permitting purposes only. This letter is in response to comments we received in an email dated May 18, 2016. We will address the comments in the order that we received them. "1. More information is needed regarding the proposed LED lights on the pier (Page 4 of drawings). Mificial lights can adversely affect salmon by creating conditions that facilitate predation (see attached). The details needed are as follows: a. The need for the lights at the pier; b. The total number and location of lights proposed; c. The style and wattage of lights; d. The wavelength/spectrum of light bulbs to be used From this information, we will evaluate the potential impacts from the proposal and will make any recommendations necessary to avoid/minimize lighting impacts." The applicant Is proposing to place two small solar powered lights at the end of the pier to aid in pier visibility to avoid hazards In navigation and promote the general safety of boaters. The pier extends one hundred and forty feet over Lake Washington. The small solar powered lights will emit enough light so that the dock will be visible to boaters at night but will be beamed upwards so as not to illuminate the lake. We have attached a copy of an example of the type of light that is proposed for the dock. EXHIBIT 15 Pathway lights, such as the example attached with this letter, direct light upward away from the lake. Small solar LED lights such as this are very low wattage and as such produce a low amount of lumens. This particular light produces approximately seven lumens as per the manufacturer. "2. The planting plan should be revised to include native trees and shrubs that will overhang shoreline. Most of the plants shown adjacent to the shoreline are too short (i.e. kinnikinnick) and/or are non-native (i.e. White Bark Himalayan birch (Betulajacquemonti). A robust planting plan is needed to partially mitigate for the overwater and inwater coverage from the new -972.80 square foot pier and boatlifts in depths less than 15 feet of Lake Washington" The Biological Evaluation performed Marine Surveys and Assessments Inc states the following regarding the proposed project on page fourteen: "All measures have been taken to avoid and minimiu potential impacts resulting from the proposed project through conservation measures above. In consideration of the unlikely impact to ESA species as well as the proposed shoreline mitigation planting suggested below to enhance tire habitat, we determine that no net-loss of ecological function will result from this project's unavoidable impacts due to its' water dependent use." The Army Corps of Engineers planting lists (both the list for the Abbreviated Biological Evaluation for Watercraft Lifts in Lake Washington and Lake Sammamish and the plant list for the Regional General Permit 3) contain the broad "Birch species" nomenclature. As we understand it, this generalization of the term allows the use of various species of birch trees. The applicant bas already spent more than be had budgeted for on professional landscape designers and a biologist firm to create this planting mitigation plan. The applicant proposes, as does the biologist, that the proposed planting plan, removal of invasive plant species, the removal of debris, the shoreline enhancement, and the installation of fifty cubic yards of spawning gravel should be good mitigation for the project. "3. We request a copy of tire "as-built" plans.for the project, including all of the proposed mitigation and all of the subsequent monitoring reports completed for this project when they are sent to the regulatory agencies ... We will gladly submit a copy of any "as-built" drawings and monitoring reports when they are sent to regulatory agencies. If you have any questions or comments on the proposed work please call us at 425-576-8661 or email us at info@marinellc.com. Respectfully, # Tyler Somers Drafter Marine Restoration & Construction LLC Solar Powered Stainless Steel Pathway Light (2-Pack) ~~ ,,··'~· .... ~ -~ Open Expanded View Click Image to Zoom $23.50 /each PRODUCT OVERVIEW Model # 21070 Internet# 203802922 Solar pathway lights are weatherproof, solar powered and are perfect for illuminating pathways and walkways, docks and decks. An integrated solar cell located on t11e top of each light recharges lhe included NiMH battery. The battery powers the light for up to 8 hours through the night and is recharged during the day. An internal sensor ensures the light turn on at night. Stainless steel construction 1s res1s:ant to wear and corrosion. Bracket and screws are included. These lights are great for safety lights along the edges of deck or docks and creating a perimeter line along driveways. LEDs are more durable than convcnt1onal glass light bulbs and are more efficient. Solar power and LED lights make this floodlight a great choice for accenting your yard. This item is covered by a one year manufacturer8€1 Ms warranty but with proper care can iast for many years. These lights measure 4.5 by 4.5 in. sold in packs of two. • Solar powered so no wiring needed • Runs up to 8 hours on a single days solar charge • Amorphous solar panel will charge even on overcast days • Weather resistant stainless steel construction Info & Guides • Instructions / Assembly • Product Brochure • SDS • Warranty You will need Adobe® Acrobat® Reader to view PDF documents. Download a free copy from the Adobe Web site. SPECIFICATIONS Dimensions Product Depth (in.) Product Height (in.) Details Adjustable Lamp Head Bulb Type Bulb(s) Included Dusk to Dawn Exterior Lighting Accessory Type Exterior Lighting Product Type Fixture Color/Finish Fixture Material Glass/Lens Type Landscape Lighting Application Light Source 4.5 No LED Yes Yes Landscape Light Walkway and Path I ighti1g Stainless Steel Stainless Steel Clear Walk & Path Lighting LED Product Length (in.) 4.5 Product Width (in.) 4.5 Lighting Kit No Motion Sensor No Mounting Type Ground Number of Bulbs Required 2 Number of Housings Included Outdoor Lighting Features Weather Resistant Power Type Solar Product Weight (lb.) .5 lb Returnable 90-Day Waterproof No Weather Resistant Yes ADVISORY NOTES TO J --,ucANT LUA16-000316 Application Date: April 25, 2016 Name: Joos Family LLC Pier -------Renton® Site Address: 2909 Mountain View Ave N Renton, WA 98056-2518 Version 1 I Recommendations: A street modification request to allow the ROW width and street improvements on Mountain View N Ave to remain as existin has been submitted b the a licant. The street modification re uest in the correct format should be submitted b the a licant. ~~·~r.7;W"';,"'-~:l""~ -r~ T--e:'..,...,.~.,.,,..,--~~~-~"" -·-,,r,, ~," . .._,....,..,_.,,_~""7""-""l ~tdZ{~)d:JLJi!f !J.1•J!if~~~~~lti.:,t~)/!~Jt~7J E11~~ii' / f r Recommendations: 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. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is being cleared. 5. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 6. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING -Protected Trees" or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. 7. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering to the U.S. Fish and Wildlife Service National Bald Ea le Mana ement Guidelines (2007 and /or our U.S. Fish and Wildlife Service ermit. Recommendations: Boundary survey showing easements on the property was not provided. location for the structure is located within the easements of record per the title re art. Ran: June 02, 2016 EXHIBIT 16 Page 1 of 1 Denis Law Mayor June 10, 2016 Joos Family, LLC 4057 Williams Ave N Renton,WA 98056 Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Joos Family Pier, LUAlG-000316, ECF, SM, MOD Dear Joos Family: 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 5:00 p.m. on July 1, 2016, 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) 430-6598. For the Environmental Review Committee, Jill Ding Senior Planner Enclosure cc: Rebecca Henderson/ Contact Paul Joos/ Applicant/Owners Milt Reimers/ Party(ies) of Record Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Agencies See Attached Paul Joos Owner Rebecca Henderson Contact 300' Surrounding Property Owners See Attached (Signature of Sender): STATE OF WASHINGTON ) ) ss ) ,\\\\\\1 COUNTY OF KING t'0Lt ),}11,11 , ... ,, .... ~'"'"'''"" .,()0 ,,, I certify that I know or have satisfactory evidence that Sabrina Mirante , =/"0 "': 1 ~\ ~i signed this instrument and acknowledged it to be his/her/their free and voluntary ?ct for, t~",~urposes mentioned in the instrument. , c. ·' .. in§ -:. et,c :: ' 9 ·17 :: Dated: 1'!'1111 r; I Jo I(;, OV..ut.(.) ·. ,,,.,,,,""" ~~E ___ _ U r No a Public in and for the Stattftl in'gton Notary (Print): ___ 1 _, _....:...H .. ..:.a.;..;!bf-"F--f,1-'m"""'ll""ijC;~ . .__ ________ _ My appointment expires: 1 U ::) q /tcj ~)·T °' / ;).()/-::/ ,.) Joos Family Pier LUAlG-000316, ECF, MOD, 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 Box330310 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 Box47015 Olympia, WA 98504-7015 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 Jalalne Madura, Attn: SEPA Responsible Official 700 Filth Avenue, Suite 4900 PO Box34018 Seattle, WA 98124-4018 AGENCY (DOE) LEITER MAILING {ERC DETERMINATIONS) Dept. of Ecology ** Attn: Misty Blair PO Box 47703 Olymoia, WA 98504-7703 Duwamish Tribal Office• 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division • Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 WDFW • Larry Fisher* 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 City of Newcastle Attn: Tim McHarg Director of Community Development 12835 Newcastle Way, Ste 200 Newcastle, WA 98056 Puget Sound Energy Wendy Weiker, Community Svcs. Mgr. 355 110" Ave NE Mallstop EST llW Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal liaison Mgr. 6905 South 228" St Kent, WA 98032 Muckleshoot Indian Tribe Fisheries Dept.** Attn: Karen Walter or SEPA Reviewer 39015-172"' Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program•• Attn: Laura Murphy 39015172"' Avenue SE Auburn, WA 98092-9763 Muckleshoot Cultural Resources Program•• Attn: Erin Slaten 39015172"" Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation* Attn: Gretchen Kaehler PO Box48343 Olympia, WA 98504-8343 City of Kent Attn: Charlene Anderson, AICP, ECD 220 Fourth Avenue South Kent, WA 98032-5895 City o!Tukwila Jack Pace, Responsible Official 6200 Southcenter Blvd. Tukwila, WA 98188 *Note: lithe 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 •• Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us L erin.slaten@muckleshoot.nsn.us "'**Department 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 :'fl i iiilllllHlffil!I 1 Joos Family LLC 4507 Williams Ave N Renton, WA 98056 flf II Beckv Henderson Marine Restoration & Construction LLC PO Box 884 Kirkland. WA 98083 3342100380 3342100380 3342100385 BANASKY HOWARD Current Resident BILTI SIMON JR+CECILIA M 1100 HARRINGTON AVE NE #106 703 N 31st St 3008 LAKE WASHINGTON BLVD N RENTON, WA 980S6 Renton, WA 98056 RENTON, WA 98056 3342100390 3342100390 3342100475 MERRELLJACK D+RITUALO JOAN Current Resident SPENGLER scan R+BAIN MARSH 60 N BOW TREE LN 3004 Lake Washington Blvd N 2902 LK WASHINGTON BL N LILLIWAUP, WA 98555 Renton, WA 98056 RENTON, WA 98056 3342103905 3342103906 3342103920 BURR ROBERT H SAVOY DONALD L SPOUSE PETER 3013 MOUNTAIN VIEW AVE N 3015 MOUNTAIN VIEW AVE N 3011 MOUNTAIN VIEW AVE N RENTON, WA 98056 RENTON, WA 98056 RENTON, WA 98056 3342103924 3342103930 3342103931 SUN JIANPING FIX M MONICA FIX M MONICA 3009 MOUNTAIN VIEW AVE N 3007 MOUNTAIN VIEW AVE N 3005 Mountain View Ave N RENTON, WA 98056 RENTON, WA 98056 Renton, WA 98056 3342103940 3342103941 3342103942 CONNER CHARLES F CONNER CHARLES F CONNER CHARLES F 3001 MOUNTAIN VIEW AVE N 3001 MOUNTAIN VIEW AVE N 3001 MOUNTAIN VIEW AVE N RENTON, WA 98056 RENTON, WA 98056 RENTON, WA 98056 3342103953 3342103985 3342104009 JOOS FAMILY LLC REIMERS MILTON A JR+BEVERLY HOWELL RICHARD SCOTI+LOIS A 4057 WILLIAMS AVE N 2905 MOUNTAIN VIEW AVE N 2827 MOUNTAINVIEW AVE N RENTON, WA 98056 RENTON, WA 98056 RENTON, WA 98056 3342104010 3342104010 3342104029 BURROUGHS JOHN D Current Resident DEMUND JEANNE C 2315 CROWS NEST PKWY 2815 Mountain View Ave N 2811 MOUNTAIN VIEW AVE N RENO, NV 89519 Renton, WA 98056 RENTON, WA 98056 3342104040 3342100480 3342100485 PRITCHARD MARC & KAAREN RITUALO RANDY & LINDA HAMADEH NABIL & GHADA 2807 MOUNTAIN VIEW AVE N 701 N 30TH ST 2908 LAKE WASHINGTON BLVD N RENTON, WA 98056 RENTON, WA 98056 RENTON, WA 98056 3342100490 3342100555 3124059004 GOBEL PAUL R SANCHEZ ALEX KING COUNTY-PARKS 706 N 29TH ST 703 N 29TH ST 201 S JACKSON ST #700 RENTON, WA 98056 RENTON, WA 98056 SEATILE,WA 98104 -----.;Renton® NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE (DNS) AM-.l,pplcotioll hu -nltd 1<111 i1CUpt1d10ltll lhe Ooportm .. t olComm,mltv& Economic On•lopmont ICEDl-1'1"""'"' Dlvldanal1hl Cll:yal R-Thofollawllll btloll-j ascrillllltho 0111111,,,Uon and tho""'"'"'' Pu~ll<Apprtmlo, OATE OF IKJl1a OfOl,PPUCAlltlMI M:rj S, 201.6 1AHD1,1$1lHUM11ER; WMti--000311!,EO',MOD,SM PROIKT!U.ME: Joo,;FomllyllCPlor pllOJECTDDQll,nQl'i: Tho ,ppi<ant It .-i111, Shortino ,;,,omn,1,1 o..,.,loo"''"' P,rm,l ond i:..-ISEPJ>!-IDrtl>ocMRl1l<Olao•fll4Q--footlon1Plorfarlllopr1vltu••of•""il•bmily .. 1<01n~,1 ~--Tho moil>wdony,..,bocin wttll, 3•.11• widffl r,,r,ho Hr>tlQ fnL Th& romilndor of'"' w,ilkwl'f" to IN s·-u·. Tho plot v,<~ h .. ,, s·-u• av n'·l" ,11,nd a 1'-11" oV :U'·l" ~np, ,II Th, ,,o,a><d ,,., "to t>o o,n,m,aod wttt, ptv,nl,ocl <1NI piu, 11Mnbod stHI ap1.Ar:lA tl"Nttd ltriopt>. p,lam "d•~ ,,o •orw-alow pl15tlc: ir.1tlnftt1 lllawfao-1r.i,,rp1notration. Thopr,,pa<H plarhu two W" di>m-"'°"'""' P•""· Tl11 '''""'"' l'f"P"'"' to ;,,,1,1i, frHmndlfllboatlltt•nd ,froat.<>dir118--lnotllv l.O-lool£1'1<odp\>tbmlH't . .O..mo!li"lon la< u,1, pr<>I<<'<, <ho ,p(aico<re llf"IIHI,.. 1G cru.., mar.,_,.,_ Mid to imolomfflf • pl1non1 plln. n-, '"'""" ,h<Joella, l'oo« .,..,.., UN<ml>II-O•hkl>dthll ordl...,h'tl, _.., ino, tt,o mnovaloldobrll ,nd• ,oner,to \lo,khead ,n<l ,.•P~ tt,e pla«mont at 50 """" y.ardl 012• mlmd -11111 Jm'Ol llll" mlnua ...... mov be ""d 11_ l" m,nu, or.,,ol I, 0...,a11,blal, and 1nnallot1on ofnnln !ll•nlh<I>, n,, projod.,~11>loarodwlthln lho 511o,.1,n, qo.,,d,al,.I d.,,,n,!lon ar,d tow11lun LllatW .... inP,n i!Q<h E. Th,,,.._ I> -Ruk!""lla~B(R~I. PRO!Kri.OCATIOlt• l'lllll -....taln 111 ... .o. .. N, Ronto,,, WA ~I056 OPTIDNAl.~TION OF NDlt-SIGNIIICAtla(DN5~ A> tholtacl ...... ,,,.. m. 01:>1 or R,,1,, ha, .i.,,.,,.,. ••• <ha1 ,,1r,1icont,moronmonral lm?11c:bi ore ynik<IIV•• """It 1"1m tho p,oposod pro)ocl. nwofont," P'"'""od undor tn, ~cw 43.llC.llO, 1n, Cl'(., llllnllln I, """' tho Optlonol ON5 protH> ,. CW" .. ia tJ,ot O ON! _i> 1,,.iv •• t,o l>ou,d. com,,_. poriam fllr<h• ptolt<I ,ni1tt,rp,apo""' Dl<S an, lnteJl""li.d""" 1 llnpteom,r.,nt poriod. Thoe• .,,11 o, no ,ommtntponad fd\<7Wlnl <he l<!uonca ol in, n,...-Oot"""l"'Hon ol Non~oanco (Dr<SI, n,,, ,,.,, o, th• Ml'( 01)ll<>ftUr,lt¥tommr,,a,<tontho•<Mn,n......tollm-ofthopn,po,.I ,.14-111y1ppnlp,.,odwlll~fo,;tho.s,uan" oflh1D'6. MovS,2016 R_H,.....,_,Marlno-!l,ConrtnJc<lo,,,lLC/P<II°' MA/ ll!r1dond, W,. !IIQD/ 4Z!-J1&-3661/ ~o,<n,11,com ;-lW'.ll_,_...,,sh,,.llno5ob,..,l~ ··- 1fvou would l•i•., b~ m•d•, p~ of .. ,ord ,o r..:1MI /u"l:l>O," lnfoml•tii,n on th~ prooa«O pro1,ct. c,malote th" rocm and robJm !o:Oty ol oono,n, cs:,-~annlrCOMm" 1055 So. G<ad\'W"'I', ~inion. WA ~~057 ""mo/Filo N<>., Jam family UC >lor/ LU~l.6-0Jll}l6, ~CF, MOO, 5M NAME,------------------------ MAI\INGAOC~U5' C10,/lt>ta/ZJp: nm>tONiNO,, ---------- E...r"""'*' ... llaao-tltot -IAo~pn,j- DOYOloPmOPrl~ ... 1-u...-~ .... """"'"Millptl,,n, CERTIFICATION Renton® Tho1ubJod,1tols~ land u,. M,p .,.,:1-... 00 ..,,~;;:,::;~arvo1"""""'~ !nl'lt<lnmon'"I (5El'IIJO,odo'ist I, < Jn I ~ . . hereby certify that '3 copies of the above document were postedin]j]_ conspicuous places or nearby the described property on Date:. _ _.5""-+/...._5"-'/ /_la ___ _ STATE OF WASHINGTON Signed:9)/ ss COUNTY OF KING I certify that I know or have satisfactory evidence that ---,>f<-!-LL---'-"-'-'!.-9-~------- signed this instrument and acknowledged it to be his/her/ untary act for the uses and purposes mentioned in the instrument. /f,/t Notary lie in and for the State of Washington Notary (print) : _____ ilo..e.!;':1.:,.;I (,+-_'D.j....r.:::@...!.I· '""~:..I >L------ My appointment expires:_ ----"A~·~11o1U"",,r,;:t~_.i:::JLl,)-"'::2.al.oi.J.11_,_ ___ _ ·~-----Denis Law C' f _ _:May=-or -----~ITMifW.ID May 5, 2016 Rebecca Henderson Marine Restoration & Construction PO Box884 Kirkland, WA 98083 Community & Economic Development Department C.E. "Chi p"Vi ncent, Administrator Subject: Notice of Complete Application Joos Family LLC Pier, LUA16-000316, ECF, MOD, SM Dear Ms. Henderson: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on June 6, 2016. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425} 430-6598 if you have any questions. Sincerely, Jill Ding Senior Planner cc: Paul Joos/ Owner(s) Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE (DNS} 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: May 5, 2016 LAND USE NUMBER: LUA16-000316, ECF, MOD, SM PROJECT NAME: Joos Family LLC Pier PROJECT DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA} Review for the construction of a 140-foot long pier for the private use of a single family residential property owner. The main walkway will begin with a 3'-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 10" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8-foot by 10-foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (1%" minus gravel may be used if 211 minus gravel is unavailable), and installation of native plantings. The project site is located within the Shoreline Residential designation and is within Lake Washington Reach E. The site is zoned Residential-8 (R-8). PROJECT LOCATION: 2909 Mountain View Ave N, Renton, WA 98056 OPTIONAL DETERMINATION OF NON-SIGNIFICANCE (DNSJ: 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 process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance (DNS). 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. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: APPLICANT/PROJECT CONTACT PERSON: Permits/Review Requested: Other Permits which may be required: Requested Studies: April 25, 2016 May S, 2016 Rebecca Henderson, Marine Restoration & Construction, LLC/ PO Box 884/ Kirkland, WA 98083/ 425-576-8661/ info@marinellc.com Environmental (SEPA) Review, Modification, Shoreline Substantial Development Building Permit Critical Areas Report, Habitat Report, Stream/Lake Study 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.: Joos Family LLC Pier/ LUA16-000316, ECF, MOD, SM NAME:------------------------------------- MAILING ADDRESS: _________________ City/State/Zip: __________ _ TELEPHONE NO.: --------------- Location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: RentOil® Department of Community & Economic Development (CED} -Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 The subject site is designated COMP-RMD on the City of Renton Comprehensive Land Use Map and R-8 on the City's Zoning Map. Environmental (SEPA} Checklist The project will be subject to the City's SEPA ordinance, RMC 4-Z-llOA Residential Development Standards, RMC 4.3-090 Shoreline Master Program and other applicable codes and regulations as appropriate. Comments on the above application must be submitted in writing to JIii Ding, Senior Planner, CED -Plannlng Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on May 19, 2016. 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: Jill Ding, Senior Planner; Tel: (425) 430-6598; Eml: jding@rentnwa.gov I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I DEPARTMENT OF COM NITY AND ECONOMIC DEVELOPMENT ----~Rentoii E) Planning Division LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER($) PROJECT INFORMATION NAME: Joos Familv LLC PROJECT OR DEVELOPMENT NAME: Joos Family LLC Pier ADDRESS: 4057 Williams Avenue North PROJECT/ADDRESS(S}/LOCATION AND ZIP CODE: 2909 Mountain View Avenue North, Renton, WA 98056 CITY: ZIP: Renton 98056 TELEPHONE NUMBER: 1425\ 277-1000 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S}: 3342103953 APPLICANT (If other than owner) NAME: EXISTING LAND USE(S): Single family residential Paul Joos PROPOSED LAND USE(S): Sigle family residential (no COMPANY (if applicable}: change to use) Joos Familv LLC EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: 4057 Williams Avenue North RMD -Residential Medium Denisty PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable} No change proposed Renton 98056 TELEPHONE NUMBER: EXISTING ZONING: R-8 1425\ 277-1000 CONTACT PERSON PROPOSED ZONING (if applicable}: No change proposed NAME: SITE AREA (in square feet}: 45,349 Contact: Rebecca Henderson SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable}: Marine Restoration & DEDICATED: N/A Construction LLC SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: P.O. Box 884 NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable} N/A Kirkland 98083 TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) (425) 576-8661 info@marinellc.com N/A NUMBER OF NEW DWELLING LINITS (ifwt:mcial:lle}: ' ' ... N/A .· .· ' .. . 1 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\masterapp.doc Rev: 08/2015 ROJECT INFORMATION (c-.. tinued) .--~-----~------------. NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 1 $152,000.00 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA 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): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 744 SQ. FT. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY __ sq.ft. __ sq.ft. __ sq.ft. __ sq.ft. __ sq.ft. (Attach leaal descrhrtion on separate sheet with the followina information Included) SITUATE IN THE SE QUARTER OF SECTION~. TOWNSHIP 24, RANGE _2, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Efilll Joos of Joos Family LLC, declare under penalty of perjury under the laws of the State of Washington that I am (please check one. :)1-,he current owner of the property involved in this application or;:gf 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. 0 y.,'-~L..-' I J .:S-"<:;;> {::' .,_., l L.Lc Signature of Own Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that fct..c '"~ J C' 0 S, }A D 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 Notary Public i nd for the State of Washington 'ShtlL~ Notary (Prini 01·, tl--Tc1 ,'V\ lo l'(Y'--- My appointment expires: 2 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\masterapp.doc Rev: 08/2015 PREAPPLICATION MEETING FOR Joos Family, LLC Pier 2909 Mountain View Avenue N PRE 16-000232 CITY OF RENTON Department of Community & Economic Development Planning Division April 7, 2016 Contact Information: Planner: Jill Ding, 425.430.6598 Public Works Plan Reviewer: Rohini Nair, 425.430.7298 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). DEPA'RTMENT OF C"'VIMUNITY AND ECONOMIC DEVELOPMENT - DATE: TO: FROM: SUBJECT: MEMORANDUM Jill Ding, Senior Planner Rohini Nair, Plan Reviewer (Joos Family LLC Pier Preapplication) PRE16-000232 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non-binding and may not subject to modification and/or concurrence by official city decision-makers. 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. I have completed a preliminary review for the above-referenced proposal. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. I have completed a preliminary review for the above-referenced proposal located at 2909 Mountain View Avenue North. The following comments are based on the pre-application submittal made to the City of Rentar by the applicant. WATER No comments. SANITARY SEWER The proposed pier will be located over the City's existing 8-inch Lakeline Sewer system out in the lake. The contractor will be required to have divers locate The City of Renton 's existing Lakeline at their proposed pier location to ensure that they place the piers away from the City's existing line. Upon construction ofthe pier, the City will also require that the developer install brass tags on each side of the pier indicating the horizontal location of the City sewer line as it passes under the pier. When the divers locate the City's sewer line, we require that the developer coordinate with the City's Maintenance Crew, so that the City Maintenance crew is present there to observe the location of the City facility. The plans then will need to show the location of the City of Renton facility, the proposed separation (Minimum 10-feet) and the required brass tags. SURFACE WATER The application mentions that permits from Army Corps of Engineers, Washington Department of Fish and Wildlife, Department of Natural Resources, and Department of Ecology will be obtained. Since the proposed project elements do not include 2,000 square feet of new and/or replaced impervious surface, there are no additional drainage requirements. Page 1 of 2 T However, if the project elements chanE, 1en a drainage review will be requirE. the project include a. 2,000 square feet or more of new and/or replaced impervious surface, or b. 7,000 square feet or more of land disturbing activity, or c. proposes to construct or modify a drainage pipe or ditch that is 12 inches or more in size, or d. is located in a flood hazard area, erosion hazard area, steep slope hazard area, or landslide hazard area, landslide hazard drainage area, or e. the redevelopment project has a total of new plus replaced impervious surface of 5,000 square feet or more, and exceeds 50% of the assessed value of the existing site improvements. If drainage review threshold is triggered, a drainage review complying with the 2009 City of Renton Surface Water Design Manual Amendment which amends the 2009 KCSWDM is required. Based on the City's flow control map, this site falls within the Flow Control Standard Existing peak Conditions. TRANSPORTATION 1. Mountain View North fronting the site is a public residential street. Due to the site conditions and proximity of the site to the railroad property, the developer can submit a modification request to allow the existing street and ROW to remain as existing instead of the required ROW and street section included in RMC 4.6.060. GENERAL COMMENTS 1. All construction or service utility permits for drainage and street improvements will require separate plan submittals. All utility plans shall conform to the Renton Drafting Standards. Plans shall be prepared by a licensed Civil Engineer. Page 2 of 2 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -----Renton 0 M E M O R A N D U M DATE: April 7, 2016 TO: Pre-Application File No. 16-000232 FROM: Jill Ding, Senior Planner SUBJECT: Joos Family, LLC Pier 2909 Mountain View Avenue 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 3' 11" by 140' pier with a 5' 11" by 23' 1" ell and a 1' 11" by 23' 1" finger ell for use by a single family residence. Thru-Flow plastic grating is proposed to allow light penetration. The proposed pier would have two 10" diameter mooring piles. In addition, a freestanding boatlift and a freestanding 8' by 10' grated platform lift are proposed. As mitigation, the applicant is proposing to create a more natural beach area with native plantings. The project site is located at 2909 Mountain View Avenue NE and is zoned Residential-8 (R-8). The pier would provide Lake Washington access for aquatic water dependent activities. The proposal location is within the Shoreline Master Program jurisdiction and is within Lake Washington Reach E and the Single Family Residential overlay. Zoning/Comprehensive Plan: The upland residential property is located within the Residential Medium Density (MD) comprehensive plan land use designation and the Residential-8 (R-8) zoning designation. Current Use: Existing single family residence. Shoreline Master Program Regulations: The City of Renton Shoreline Master Program identifies Lake Washington as a Regulated Water Body as it is a Shoreline of Statewide Significance. The proposed pier would be located in the "Single Family Residential Overlay District". Piers constructed for use by waterfront property owners are permitted through a Shoreline h:\ced\planning\current planning\preapps\2016 preapps\pre16-000232.jill\16-000232 joos family pier (r- 8, shoreline residential).doc Joos Family LLC Pier Page 2 of4 April 7, 2016 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 new dock providing for private recreational moorage for an individual lot may not be permitted in subdivisions approved on or before January 28, 1993, unless shared moorage is not available, and there is no homeowners association or other corporate entity capable of developing shared moorage. o A new dock shall not be allowed for an individual lot in cases where a joint use dock has been constructed to serve the subject lot. o Prior to approval of a new dock for private recreational moorage for an individual lot, the owner should demonstrate that adjacent owners have been contacted and they have declined to develop or utilize a shared dock. Such information should be provided in the project narrative at the time of permit submittal. o A new dock should be approved only in cases where use of a mooring buoy is demonstrated to be impractical for reducing over-water coverage. o Single family piers length, width, and other standards: Pier Standards Length Width Pilings Side Setbacks Minimums 80' from OHWM Dock and Max: 2 pilings, up to 12-No portion of a pier and max., or piers: 4 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 140' from OHWM 4 ft and 6 ft 2 10" pilings Complies Complies due to Complies Complies depth of water h:\ced\planning\current planning\preapps\2016 preapps\pre16-000232.jill\16-000232 joos family pier (r- 8, shoreline residential).doc .. . ·' . Joos Family LLC Pier Page 3 of4 April 7, 2016 • 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. 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. Environmental Review: The proposed project would be located on lands covered by water and is, therefore, subject to Environmental (SEPA) Review. 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 far such projects as long they satisfy other RCW and WAC criteria. Such criteria include conformance to 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 h:\ced\planning\current planning\preapps\2016 preapps\pre16-000232.jill\16-000232 joos family pier (r- 8, shoreline residential).doc Joos Family LLC Pier Page 4 of 4 April 7, 2016 has an estimated time line 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 Environmental (SEPA) Review $2,000.00 $1,000.00 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 Jill Ding, Senior Planner at 425-430-6598 for an appointment. Expiration: Upon approval, the shoreline substantial development permit would be valid for two years with possible one year extension. h:\ced\planning\current planning\preapps\2016 preapps\prelG-000232.jill\16-000232 joos family pier (r- 8, shoreline residential).doc .. '· .. ; DEPARTMENT OF COM NITY AND ECONOMIC DEVELOPMENT WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov LAND USE PERMIT SUBMITIAL REQUIREMENTS: WAIVED MODIFIED COMMENTS: BY: BY: Arborist Report 4 ,--.. \,f-/., Biological Assessment 4 Calculations, Colored Maps for Display, Construction Mitigation Description iAND4 Deed of Right-of-Way Dedication 1 Density Worksheet 4 Drainage Control Plan 2 ~~ I, v'•y;_ ,,.J !Id~-'"""~ ;;f-J,,,._~ -ye,,....,,. Drainage Report 2 !i!.f.] ____ ) ) ~-«Jtwlf1 /~L, U) f'f1{'f ,--_'-(, __ L ___ /? __ ._v• .. Elevations, Architectural 3 AND, I Environmental Checklist, Existing Covenants (Recorded Copy) lANo, Existing Easements (Recorded Copy) lANo, Flood Hazard Data 4 \;:) Floor Plans 3AND4 . \(bt Geotechnical Report 2AN0, [<,) i1!t.f '5,,,-v;..~ ,.J-cfs"(~';J;;;J -,'V; \A"'et.,... --'"'8. /' I • Grading Elevations & Plan, Conceptual 2 {.! ;J' (-j§;· &--,, d.J.. ;, ,1, • .,r/c~"'"'-L •/ 0/ ' " · fv "'.} Vo Grading Elevations & Plan, Detailed 2 ~. Habitat Data Report 4 Improvement Deferral 2 i Irrigation Plan, PROJECT NAME: DATE: __ '--..._/..._/""B.."-'i_,_/-'-'/ /...,"'------------ 1 H :\CED\Data \Forms-T emplates\Self -Help Ha ndouts\Plan ning\ Waiversu bm itta lreqs. docx Rev:08/2015 i1 ' ' • ' LAND USE PERMIT SUBMIITAL REQUIREMENTS: WAIVED MODIFIED ; COMMENTS: BY: BY: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual,! ' Landscape Plan, Detailed 4 Legal Description 4 Letter of Understanding of Geological Risk 4 \ :1-2 Map of Existing Site Conditions• Master Application Form 4 Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Overall Plat Plan 4 Parking, Lot Coverage & landscaping Analysis 4 Plan Reductions (PMTs) 4 Post Office Approval 2 Plat Name Reservation 4 Plat Plan 4 Preapplication Meeting Summary• Public Works Approval letter 2 Rehabilitation Plan• Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 2AN0< Stream or Lake Study, Standard 4 Stream or Lake Study, Supplementa1 4 Stream or lake Mitigation Plan• Street Profiles 2 Title Report or Plat Certificate 1AND4 Topography Map, Traffic Study 2 Ni Tree Cutting/Land Clearing Plan 4 \:R No -IY'<Q.. ~-"""'-( i' n o.,,,..._ u+'t. t,,r-L Urban Design Regulations Analysis 4 Utilities Plan, Generalized 2 M ~ t., S~: -~ r,.,.;:;...~-. - Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 2 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalreqs.docx Rev:08/2015 ·' ,. LAND USE PERMIT SUBMITTAL REQUIREMENTS: Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement ZAND, Inventory of Existing Sites 2 AND, Lease Agreement, Draft, AND, Map of Existing Site Conditions ZAND3 Map of View Area 2AND, Photosimulations zAND3 This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning WAIVED MODIFIEu BY: BY: \.J-. I . 3 H :\CED\Oata \Forms-Templates\Self-Hel p Handouts\Pla nning\ Waive rsu bm itta I reqs.docx COMMENTS: . Rev: 08/2015 MARINE RESTORATION & CONSTRUCTION LLC P.O. Box 884 Kirkland, WA 98083-0884 Phone: ( 425) 576-8661 LEGAL DESCRIPTION: (PARCEL No. 3342103953) THE SOUTH IO FEET OF LOT 69; ALL OF LOTS 70,71, AND 72; IN BLOCK "A" OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. I AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT OF THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON MARINE RESTORATION & CONSTRUCTION LLC P.O. Box 884 Kirkland, WA 98083-0884 Phone: (425) 576-8661 Project Name: Site Location: Lot Size: Project Narrative: Joos Family LLC Pier 2909 Mountain View Avenue North Renton, WA 98056 45,349 square feet ( 1.04 acres) Land Use Permits Required: The project requires a Shoreline Substantial Development Permit, SEPA Review, and a Code Modification to waive the street improvement requirement. Zoning Designation: Proposed Work: Project sequencing: R-8 The applicant proposes to construct a 140 foot pier. The main walkway will begin with a 3 '-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5'-1 I" by 23'-I" ell and a I' -I I" by 23 '-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow plastic grating to allow for light penetration. The proposed pier has two 1 O" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8 foot by IO foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of2" minus spawning gravel(! Y," minus gravel may be used if2" minus gravel is unavailable), and installation of native plantings. Pier Construction: Mobilize to the site. Set up the containment boom. Drive galvanized steel piling. Construct the pier on and/or off the site. install the boatlift and platform lift. Beach Enhancement: Mobilize to the site. Erect the silt curtain. Perform shoreline stabilization behind the existing bulkhead and Ordinary High Water Mark. Remove the existing rock, concrete bulkhead, and debris. Place rocks, plants, and spawning gravel. The timing of the placement of the plants and spawning gravel is dependent on in-water work windows and plant survivability. Project caveats: Other permits required: Current use of the site: Proposed use of site: Special Site Features: Soil and Drainage: Estimated Valuation: Fill Quantity: Trees to be removed: Renton Municipal Code (RMC) section 4-3-090(#7) contains regulations for the construction of pier and docks. A Biological Evaluation performed by Marine Surveys and Assessments for the site states that the proposed project will have an overall net gain of ecological function. Please see the Biological Evaluation/Lake and Stream Study Report for more details. The proposed dock conforms to all geometric regulations found in RMC 4-3-090(#7) (d) design standards. The proposed length of the dock exceeds the maximum length of pier and docks found in the table of section 4-3-090(#7)(d). However, it is stated in the table notes of this section that the maximum length of a proposed pier or dock is 80 feet unless a water depth of 10 feet cannot be obtained. It states that in such circumstances the dock may be extended until the water depth reaches a point of 1 0 feet of water depth at Ordinary Low Water. The proposed dock fits within this provision. RMC 4-3-090 table note 4 states: "That portion of a pier or dock beyond thirty feet (30') from OHWM may be up to six feet (6') wide, without a variance, if approved by the U.S. Army Corps of Engineers or the Washington Department offish and Wildlife." City of Renton Building Permit, Army Corps of Engineers Authorization. Washington Department offish and Wildlife Hydraulic Project Approval. Department of Natural Resources authorization, and Authorization from the Department of Ecology. Single family residential Single family residential (No change proposed to use) The project is to occur on the shoreline of Lake Washington. No change to the existing soil and drainage conditions is proposed with this application. No formal soil or drainage assessment has been performed. $152,000.00 The proposed project entails the installation of 50 cubic yards of washed round 2" minus spawning gravel (I Y," minus gravel may be used if2" minus gravel is unavailable). The proposed project includes the removal of invasive species and other plants to implement the mitigation panting plan. No trees are proposed to be removed as a result of this project. . . . Distance of Work to Ordinary High Water Mark: The pier construction and spawning gravel installation will take place beyond the Ordinary High Water Mark. The shoreline stabilization is to occur behind the Ordinary High Water Mark. In water work will take place during in water work windows. Nature of Shoreline: The existing site has a mixture of a concrete and rock bulkhead with concrete steps. The shoreline contains washed up debris. The proposed shoreline concrete bulkhead and steps will be removed. Spawning gravel and a more natural beach area with emergent plants and native plants along the shoreline will result from this project. Project Goals and Purpose: The proposed project will provide the resident with moorage. The proposed project is intended to improve and enhance the shoreline of the site aesthetically. environmentally, and structurally. Proposed Modifications: Marine Restoration & Construction LLC are submitting a Code Modification Request to the Public Works Department to request a waiver of the street improvement requirement. The site is too close to the railroad setback and other adjacent properties make it impossible to bring the street improvements to conformity. Shared Moorage: The adjacent neighbors to the North and to the South of the site have been contacted regarding their willingness to construct a joint-sue shared dock. The neighbors declined. Please see the attached email correspondence for more information. MARINE RESTORATION & CONSTRUCTION LLC P.O. Box 884 Kirkland, WA 98083-0884 Phone: (425) 576-8661 Mitigation Narrative: Project File Number: 16-00232 Project Name: Proposed Work: Proposed Construction Dates: Hours and Days of Operation: Proposed Hauling/Transportation Routes: Joos Family LLC Pier The applicant proposes to construct a 140 foot pier. The main walkway will begin with a 3 '-11" width for the first 30 feet. The remainder of the walkway is to be 5'-11". The pier will have a 5 '-11" by 23 '-I" ell and a l '-11" by 23 '-1" finger ell. The proposed pier is to be constructed with galvanized steel piles, gal vanizcd steel caps, ACZA treated stringers, glulam sides, and Thru-Plow plastic grating to allow for light penetration. The proposed pier has two 1 O" diameter mooring piles. The applicant proposes to install a freestanding boatlift and a freestanding 8 foot by 10 foot grated platform lift. As mitigation for this project, the applicant proposes to create a more natural beach and to implement a planting plan. The proposed shoreline work entails bank stabilization behind the ordinary high water line, the removal of debris and a concrete bulkhead and steps, the placement of 50 cubic yards of 2" minus spawning gravel (1 \/," minus gravel may be used if 2" minus gravel is unavailable), and installation of native plantings. To be determined upon the receipt of all permits from the City of Renton, the Washington State Department of Ecology, the Army Corps of Engineers, the Washington State Department of Fish and Wildlife, and the Washington Department of Natural Resources. The mitigation is to completed concurrently with the construction with the exception of when in-water work windows are closed for the spawning gravel and during the best time for plant survivability. Construction hours will be limited to the hours prescribed by the City of Renton and other Jurisdictions. Materials will be brought to the site by a barge and/or a landing vessel on Lake Washington. Site Safety and Environmental Precautions: The sanitary sewer line in Lake Washington will be located by a professional locater company prior to any construction. During pile driving, a wood block will be used as a sound attenuation device. A silt curtain and a containment boom will be deployed prior to any construction that may cause siltation and/or debris to enter the lake. We do not anticipate any debris entering the lake. Special Construction/Hauling Hours: No hauling is proposed for this project. Preliminary Traffic Control Plan: The proposed project takes place entirely on the shoreline of Lake Washington away from the road. No traffic hazards or diversions are necessary for this project. MARINE RESTORATION & CONSTRUCTION LLC P.O. Box 884 Kirkland, WA 98083-0884 Phone:(425)576-8661 April 11, 2016 To: Applicant: Site address: Re: Project Number: Dear Ms. Nair, Rohini Nair, Plan Reviewer Renton Department of Community and Economic Development 1055 South Grady Way Renton, WA 98057-3232 Joos Family LLC 4057 Williams A venue North Renton, WA 98056 2909 Mountain View Avenue North Renton, WA 98056 Request for a code modification. PRE-16-000232 Marine Restoration & Construction LLC are acting as agents for the Joos Family LLC for permitting purposes only. It was noted in the pre-application meeting for the above referenced project that street improvements are normally required for a project with a valuation of over $50,000.00. It was also noted that due to the site conditions and because the site is located so closely to the railroad we may submit a Modification Request to allow the existing street and right of way to remain as existing. We would like to submit the Modification Request. As noted above, the reason that we are asking for this requirement to be waived is that the site is located too close to the railroad to confonn to street improvement standards. Neighboring sites are also situated so that it is not possible to meet street improvement standards. If you have any questions or comments on the proposed work please call us at 425-576-8661 or email us at info@marinellc.com. Respectfully, /1L-~ Tyler Somers Drafter Marine Restoration & Construction LLC -· .. ~,, !a .. lilf/il MARINE RESTORATION & CONSTRUCTION LLC : lWI P.O. BOX 884 Kirkland, WA 98083-0884 PHONE: (425) 576-8661 E-MAIL: INFO@MARINELLC.COM ~ FAX: {425) 576-8669 !:!~~=TYMCf~~~i!::S:u.c . I WILL TRY AGAIN TO FORWARD THIS TO YOU. Paul Joos On Apr 11, 2016, at 4:58 Pl 'C <Cfc@connerhomes.com> wrote: Paul, Great to see you yesterday and catch up on your plans. As we have a dock on our property we have no desire to develop or utilize a shared dock on your property. Regarding the location and size we think it is appropriate and appears to respect the required setback from our shared property line, though the dimensioning is a little confusing. Regarding lighting we would rather not see lights and we have none on ours. If they are required it would be great if they could be located iacing out toward boat traffic so not visible from adjacent homes. [cid:image011.png@01D19413.579929CO] Charlie Conner CEO/President, Conner Homes Tel: 425.646.4433 <tel:425.646.4433> I Cell: 425A17.5846<tel:425A17.5846> Email: cfc@connerhomes.com<mailto:ctc@connerhomes.com> I Web: Connerhomes.com<http://www.connerhomes.com!> [cid:image012.png@01D19413.579929CO]<https://www.facebook.com/ConnerHomes> [cid:image013.Jpg@01D19413.579929CO] <https:/lwww.linkedin.com/Jn/connerhomeS> [cid :image014.jpg@O 1019413.579929COJ <https://www.pinterest.com/connerhomesl> [ cid:lmage015.png@01 D19413.579929COJ <https://www.youtube.com/user/ConnerHomeS> Anne and Charlie, Would you please provide us with a statement regarding this Cit of Renton code. Are you interested in developing or utilizing a shared dock at 2909 Mountalnview Avenue North, Renton. Thanks and hope you are having a great Spring. Desnee and Analisa are in the middle of a 2 week trip to Japan. Thank you, Paul Joos for Joos Family LLC On Apr 8, 2016, at 1 :24 PM, Tyler 8011,srs <tyler@marinellc.com<mailto:tyler@marinellc.com>> wrote: . . From: Reimers, Milt @ Seattle South Milt Reimers@cbre.com SUbJect: Re: Joos pier meeting points Date: April 11, 2016 at 7:13 AM To: Desnee Joos eyelsrt@comcastnet Cc: Tyler Somers ty<1r@marinellc.com Paul -I received your email as a relates to a shared dock. To answer your question, 'W ""T·'.':lUld be Interested in participating in a shared dock', we will decline the offer. We have a dock in front of our property which works very well for our famfly. Thank you for thinking of us and good luck with the dock application. Milt Reimers Our address is: 2905/2907 Mountain View Ave N Renton, WA. 98056 Sent from my iPhone On Apr 9, 2016, at 6:16 PM, Desnee Joos <eyeisit@comcast.net> wrote: Milt and Bev, Could you please provide me wrth a statement whether you are interested or not in developing or utilizing a shared dock.This looks to be one of the many crazy steps in a dock approval Thanks and have great Spring. Paul Joos of Joos Family LLC at 2909 Mountainview Avenue, Renton On A r 8, 2016 at 1 :24 PM T er Somers ler@ arinellc. wrote: ' . SHORELINE TRACKING WORKSHEET City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The City of Renton is required by the Washington State Department of Ecology to track and evaluate the effectiveness of the Shoreline Master Program at achieving no net loss of shoreline ecological functions with respect to shoreline projects. The City will use shoreline development tracking information to prepare a Shoreline Master Program report every eight years to comply with the Shoreline Management Act requirements. SHORELINE STABILIZATION 1. Is there currently a bulkhead on your site? ,/ Yes D No; If yes, fill out table below. If no, see "Site Conditions", Section 2 below. What Type of Materials is Your Bulkhead Made of? Li near Feet of Ha rd Materials: Rock and concrete 128' (+/-) LI near Feet of Soft Materials: Examples of Types of Bulkheads: Hard (e.g. rocks, wood; Soft (e.g. sand, plants); Combination-soft materials at the water with hard materials furtherer inland, or a combination of hard and soft materials at the water. SITE CONDITIONS 2. List the size (in square feet) and type of all structures (1 51 floor only) on your property (e.g. 2,000 sq. ft. house, 125 sq. ft. greenhouse). 1,790 square feet. 3. List distance (in feet) from the water to the closest point of each structure. List each building separately (e.g. shed, dock, carport). The house is approximately 79 feet away from the water(+/-) 4. List the size (in square feet) and type of all impervious surfaces (e.g. driveway, parking area, walkway, patio). -1 -09/23 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\Shoreline Tracking Worksheet.docx House: 1,790 square feet. Driveway: 2078 square feet(+/-) (No formal impervious surface assessment has been performed. Information obtained from a survey, field measurements, and King County Parcel Viewer. We are not surveyors and cannot guarantee a great level of accuracy.) 5. List distance (in feet) from the water to the closest point of each impervious surface (hard surface. House: 79 feet(+/-) Driveway: 117 (+/-) 6. Describe the existing vegetation within 100 ft. of the waterline. Estimate the amount (in square feet) of native vegetation. Grass and ornamental plantings (e.g. plants requiring core or grown for decorative purposes) should not be counted. The site contains small non-native shrubs and grasses in the nearshore area. The site also has invasive Himalayan Blackberry and English Holly which will be removed in the project area. 7. Describe the proposed vegetation within 100 ft. of the waterline. Estimate the amount (in square feet) of native vegetation. Grass and ornamental plantings (e.g. plants requiring care ar grown far decorative purposes) should not be counted. The applicant is proposing a native mitigation planting plan for this project. Please see mitigation planting plan page of the pion set for more details. 8. Will the project require any added fill? If so, how many cubic yards will be added: The proposed project include the installation of fifty cubic yards of 2" minus spawning gravel as mitigation ( lY," minus gravel may be substituted if 2" minus is not obtainable). IN WATER AND OVER WATER STRUCTURES -2 -09/23 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\Shoreline Tracking Worksheet.docx 9. Are there any in or over water structures on your site (e.g. docks, floats, bridges, mooring piles, boatlifts)? D Yes ./ No; If yes, fill out the table below. Describe the in and over water structures on your site Type Surface Area Light Penetrating Materials (e.g. dock, float, bridge, (in square feet, if (the percentage of the mooring pile, boat lift, etc.) applicable) surface area that is made of material that allows light to reach the water) Bulkhead Approximately 128 N/A linear feet(+/-) Existing structures to remain Rock and concrete portions Existing of the existing bulkhead structures will be removed after that will shoreline stabilization be occurs behind the OHWL. removed Please see plans for more details. The proposed project Dock: 951 Square Dock and platform lift will be Proposed entails the construction of feet completely grated with Thru- structures a pier, two mooring piles, Flow plastic grated decking. the installation of a Platform lift 80 freestanding boatlift, and a square feet freestanding platform lift. -3 -09/23 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\Shoreline Tracking Worksheet.docx DEPARTMENT OF Ct,,,,,MUNITY AND ECONOMIC DEVELOPMENT ---------Renton E) ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. 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. INSTRUCTIONS FOR LEAD AGENCIES: Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. 1 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 USE OF CHECKLIST FOR NONPROJECT PROPOSALS: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B even though questions may be answered "does not apply". In addition the SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent", and "affected geographic area" respectively. The lead agency may exclude (for non-projects) questions in Part B -Environmental Elements -that do not contribute meaningfully to the analysis of the proposal. For help go to: http://www.ecy.wa.gov/programs/sea/sepa/e-review.html A. BACKGROUND 1. Name of proposed project, if applicable: Joos Family LLC Pier 2. Name of applicant: Joos Family LLC 3. Address and phone number of applicant and contact person: Applicant: Joos Family LLC Contact: Marine Restoration & Construction LLC 4057 Williams Avenue North P.O. Box 884 Renton, WA 98056 Kirkland, WA 98083 {425} 277-1000 {425) 576-8661 4. Date checklist prepared: March 23 2016 5. Agency requesting checklist: The City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Proposed project will take approximately 4-6 weeks to complete. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None that we are aware of 2 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A biological assessment and stream study has been performed for this site and is included with the application. 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 that we are aware of. 10. List any government approvals or permits that will be needed for your proposal, if known. This project will require permits from the City of Kirkland Land Use and Building Departments. The project will also require authorization from the Army Corps of Engineers, The Department of Ecology, The Washington State Department of Fish and Wildlife and the Department of Natural Resources. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The applicant proposes to construct a pier. The main walkway will be 3'-11" wade for the first 30' and then will be 5'-11' for the remainder of the pier. The pier will have a 5'-11" by 23'-1" ell and a 1'-11" by 23'-1" finger ell. The pier will be supported by 6" diameter galvanized steel piling. Two 10" diameter galvanized steel mooring piling are proposed. The pier will be constructed using galvanized steel caps, ACZA treated stringers, glulam sides, and Thru-Flow grated decking to allow for light penetration. A freestanding boatlift and a freestanding 8' by 10' grated platform lift are proposed. As mitigation for the project, the applicant proposes the creation of a more natural beach, the removal of debris, the installation of 50 cubic yards of spawning gravel, and a planting mitigation plan. 3 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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. Site Address: 2909 Mountain View Avenue North Renton, WA 98056 Parcel Number: 3342103953 Quarter Section: SE-31-24-5 Legal Description: HILLMANS LK WN GARDEN OF EDEN# 1 S 10 FT OF 69 ALL 70-71-72 & 2ND CL SH LOS ADJ Please see page l of the plan set for o vicinity map. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (check or circle one): Flat, rolling, X hilly, steep slopes, mountainous, other ------ b. What is the steepest slope on the site (approximate percent slope)? Approximately 25% 4 C:\Users\Rob\Dropbox\Projects\Joos _ Paul Dock 2016\Documents\Permits\City Forms\envch 1st.doc Rev: 08/201S 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 agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The site contains clay, rock and topsoil. No formal soil assessment has been pe,formed. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None that we ore aware of e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. The propose project entails placing 50 cubic yards af 2" minus washed round spawning gravel along the shoreline of the site (lY," minus grovel may be substituted if 2" minus gravel is unattainable.) The shoreline stabilization will utilize 6" to 8" crushed rock, lW' minus gravel, and top soil behind the OHWL as a shoreline stabilization measure. Please see plan set for more details. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not that we are aware of g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The proposed project will not affect impervious su,faces of the site. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: A silt curtain will be used to contain any siltation that may take place during construction. 5 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 2. AIR a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Normal vehicle emission will be generated during construction. No new sources of emissions will be created by this project. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None that we are aware of. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Vehicles will be run only when necessary. 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 project will occur in Lake Washington. 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. Yes, the project will occur in Lake Washington. 6 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 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. The project proposes to install 50 cubic yards of spawning gravel as mitigation. Na dredging is proposed. 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 floodplain? If so, note location on the site plan. No. 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 groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? 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 7 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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 proposed c. Water runoff (including stormwater): 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. Rainwater will run off of the proposed project naturally into the lake. 2) Could waste materials enter ground or surface waters? If so, generally describe. A containment boom will be erected as a precaution to prevent waste materials from entering the lake. We do not anticipate waste materials entering the lake. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: A containment boom will be erected as o precaution to prevent waste materials from entering the lake. We do not anticipate waste materials entering the lake. 4. PLANTS a. Check the types of vegetation found on the site: 8 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 _x_deciduous tree: alder, maple, aspen, other _x_evergreen tree: fir, cedar, pine, other _x_shrubs _x_grass __ pasture __ crop or grain __ orchards, vineyards or other permanent crops. __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eelgrass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? Plant life that serve no ecological function will be removed to make room for a native mitigation planting plan. c. List threatened and endangered species known to be on or near the site. As per the Washington Department of Fish and Wildlife Priority Habitats and Species list: Chinook salmon, Dolly Varden/ Bull Trout, Resident Coastal Cutthroat, Sockeye Salmon, Fall Chinook Salman, Coho Salmon, Steel head, Kokanee, and Winter Steelhead are all noted as having an occurrence in Lake Washington. It is unclear whether they actually live in the vicinity. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Please see mitigation planting plan page of the plan se( e. List all noxious weeds and invasive species known to be on or near the site. As per the biological evaluation performed by Marine Surveys and Assessments Inc, non-native invasive species observed Himalayan blackberry (Rubus ameniacus) and English Holly (llex aquifolium). These species are to be removed in the project area. 5. ANIMALS a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: 9 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/201S Birds: hawk (X), heron (x), eagle (x), songbirds, other:-------- Mammals: deer (x), bear, elk, beaver, other:----------- Fish: bass (x), salmon (x), trout (x), herring, shellfish, other--------- It is unclear if any of these animals actually reside on the site. b. List any threatened and endangered species known to be on or near the site. As per the Washington Department of Fish and Wildlife Priority Habitats and Species list: Chinook salmon, Dolly Varden/ Bull Trout, Resident Coastal Cutthroat, Sockeye Salmon, Fall Chinook Salmon, Coho Salmon, Steelhead, Kokanee, and Winter Steelhead are all noted as having an occurrence in Lake Washington. It is unclear whether they actually live in the vicinity. c. Is the site part of a migration route? If so, explain. Lake Washington is a Salmon migration route. It is unclear if this part of the lake is part of that route. d. Proposed measures to preserve or enhance wildlife, if any: The mitigation plan is intended to create a more suitable habitat for these species. e. List any invasive animal species known to be on or near the site. Please see the Biological Evaluation included with this application. 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. The lifts will be powered by solar power. No other power needs are needed for the completed project. 10 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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: The use of so/or power is o conservation measure. 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. None that we ore aware af. 1) Describe any known or possible contamination at the site from present or past uses. None thot we ore oware of. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None that we are aware of. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None that we are oware of. 4) Describe special emergency services that might be required. No special emergency services are required. 5) Proposed measures to reduce or control environmental health hazards, if any: 11 C:\Users\Rob\Dropbox\Proiects\Joos_Paul Dock Z016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 None proposed. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None that we are aware of 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. Normal construction noise would be created during construction. The completed project will create no new sources of emissions. 3) Proposed measures to reduce or control noise impacts, if any: None proposed. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Single family residential. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use? None that we are aware of 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of 12 C:\Users\Rob\Oropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 pesticides, tilling, and harvesting? If so, how: Not that we ore owore of. c. Describe any structures on the site. The site contains o house, and bulkhead. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R-8 f. What is the current comprehensive plan designation ofthe site? "Does not apply" as per King County Parcel Viewer. g. If applicable, what is the current shoreline master program designation of the site? We do not have this information. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. Lake Washington is considered a critical area. 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 PROPOSED. 13 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Docu ments\Permits\City Forms\envchlst. doc Rev: 08/2015 I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Project will be permitted at local, state and federo/ levels. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: None proposed. 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 proposed. 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? About 7'above OHWL b. What views in the immediate vicinity would be altered or obstructed? 14 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 None c. Proposed measures to reduce or control aesthetic impacts, if any: None proposed. 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? Not that we are aware af. c. What existing off-site sources of light or glare may affect your proposal? None that we are aware of. d. Proposed measures to reduce or control light and glare impacts, if any: None Proposed. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The site is near to the Gene Coulon Memorial Beach Park. 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 Proposed 13. HISTORIC AND CULTURAL PRESERVATION 15 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. Not that we are aware of. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Is there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None that we are aware of c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. The Army Corps of Engineers as a lead agency will consult with the tribes prior to permit issuance. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. None proposed. 14. TRANSPORTATION a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The site is served by Mountain View Ave North. No new access is proposed for this project. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Lake Washington BLVD N is parallel to Mountain View Ave N and has a transit line. The intersection of Mountain View Ave North and Lake Washington BLVD North is about a quarter mile from the site. 16 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? None. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). No. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates? None. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. Not that we are aware of. h. Proposed measures to reduce or control transportation impacts, if any: None proposed. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. 17 C:\Users\Rob\Dropbox\Projects\Joos _Paul Dock 2016\Documents\Permits\City Forms\envch 1st.doc Rev: 08/2015 None proposed. 16. UTILITIES a. Check or circle utilities currently available at the site: electricity, x natural gas, x water, x refuse service, x telephone, x sanitary sewer, x 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. No new utilities are proposed. C. SIGNATURE~ The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Proponent Signature: --~..C...r,:...l'-------------------- Name of Signee (printed): T[f tr (,,.VVt e,f //'!~.-,'~<-/..e r(D,r;./:"~ J-(o~r/,.. ... , ~1 'iJ ~ Position and Agency/Organization: f?rt..H,.,,-( /to,,.;~( ~ f ~ f~ '"/;.,.._ cf-fo .. T f/(.. ,t,;;.., /...LC Date Submitted:----------- 18 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev:08/2015 l. t..c D. SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS~ (These sheets should . progl'.ams; J~do.nQt1ne d for action~ involving~l<ms these sheets for Pl'.OJect1~$1:it>tis.} 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 of 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: 19 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 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, floodplains, 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? 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. 20 C:\Users\Rob\Dropbox\Projects\Joos_Paul Dock 2016\Documents\Permits\City Forms\envchlst.doc Rev: 08/2015 MARINE SURVEYS & ASSESSMENTS 267 Hudson Street Port Townsend WA 98368 (360) 385-4073 marine.surveys.inc@gmail.com Contents I. PROJECT DESCRIPTION ....................................................................................................................... 4 A. Project Location ................................................................................................................................... 4 B. Project Description ............................................................................................................................... 4 B. Lake and Stream Classifications .......................................................................................................... 4 C. Site Description .................................................................................................................................... 5 D. Ecological Functions of Lake Washington along the Study Area ....................................................... 5 E. Fish and Wildlife Use or the Area ........................................................................................................ 5 F. Project Details ....................................................................................................................................... 5 G. Action Area .......................................................................................................................................... 6 II. SPECIES AND HABITAT INFORMATION ......................................................................................... 6 A. Species Information .............................................................................................................................. 6 Ill. EFFECTS OF THE ACTION ................................................................................................................ 9 A. Direct Effects ........................................................................................................................................ 9 B. Indirect Effects ................................................................................................................................... IO C. Interrelated/Interdependent Effects .................................................................................................... 12 D. Take Analysis ..................................................................................................................................... 13 E. Conservation Measures ....................................................................................................................... 13 F. Determination of Effect ...................................................................................................................... 14 G. Net-Loss Determination ..................................................................................................................... 14 IV. SHORELINE MITIGATION PLAN .................................................................................................... 15 A. Mitigation ........................................................................................................................................... 15 B. Performance Standards ....................................................................................................................... 15 C. Monitoring Plan .................................................................................................................................. 16 D. Maintenance and Contingency ........................................................................................................... 17 REFERENCES ........................................................................................................................................... 18 MS&A Joos New Dock and Bulkhead Replacement Project• 2 FIGURES .................................................................................................................................................... 21 Figure 1. Existing site plan ...................................................................................................................... 2 l Figure 2. Proposed site plan .................................................................................................................... 22 Figure 3. Shoreline plan view ................................................................................................................. 23 Figure 4. Proposed beach mitigation ....................................................................................................... 24 ATTACHMENTS ....................................................................................................................................... 25 Attachment 1. Photographs of the site .................................................................................................... 25 Attachment 2. U.S. Fish and Wildlife species list in the project vicinity .............................................. 30 Attachment 3. Essential Fish Habitat Assessment .................................................................................. 33 Attachment 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook ............................. 35 Attachment 5. Assessment of Impacts to Critical Habitat for Coastal -Puget Sound Bull Trout ......... 37 APPENDIX A: Shoreline Mitigation Planting Map and Plant List.. ......................................................... .40 MS&A Joos New Dock and Bulkhead Replacement Project• 3 I. PROJECT DESCRIPTION A. Project Location V. Section SE3 I, Township 24N, Range 05E. 2909 Mountain View Avenue North Renton, WA 98056 Latitude: 47.517977° N Longitude: 122.210715°W B. Project Description The proposed project is to construct a new dock and boat lift and to stabilize the existing bulkhead and removing the dilapidated face of the bulkhead and removing debris at 2909 Mountain View Avenue North, Renton, WA 98056. The subject property is located along the eastern shore of Lake Washington in the City of Renton). The proposed dock would provide moorage and facilitate access to Lake Washington for the residents of the property and their guests. The subject property is located along Lake Washington, a Shoreline of Statewide Significance as provided in RMC 4-3-090Fl, and a Shoreline of the State under RMC 4-11-190. This Lake Study is prepared in accordance with the requirements of RMC 4-8-1200 with respect to the Lake Washington shoreline of the subject property. May Creek, a Shoreline of the State (RMC 4-3-090F2), is located approximately 0.7 miles north of the site. The Cedar River enters Lake Washington approximately 1.2 miles south of the site. A number of factors were considered in determining the location of the proposed pier and boat lift. In establishing design parameters for the proposed pier and boat lift, it was required that it not interfere with the general public's use and enjoyment of Lake Washington, that it not pose a navigation hazard to boaters, and that it not interfere with the use of existing or future neighboring docks or piers. B. Lake and Stream Classifications As mentioned above, as a Shoreline of Statewide Significance (RMC 4-3-090Fl), Lake Washington is included in the definition ofa Shoreline of the State (RMC 4-11-190). Lake Washington is a Class I lake as it is a perennial salmonid-bearing body of water classified as a Shoreline of the State (RMC 4-l l- l 90S 1 ). May Creek is an important salmonid stream that is classified by the City of Renton and the State of Washington as Class 1 waters and included within the definition ofa Shoreline of the State (RMC 4-3- 090F2). The Ordinary High Water (OHW) mark for Lake Washington is the line of mean high water (RMC 4-11- 150 Definitions 0). The Lake Washington water depth is controlled by the Army Corps of Engineers at the Hiram M. Chittenden Locks and is at 21.8' of lake elevation. MS&A Joos New Dock and Bulkhead Replacement Project• 4 C. Site Description Vegetation The existing vegetation at the site consists of: two small patches of small fruit bulrush (Scirpus microcarpus) and two small patches of dune grass (Leymus mo/lis), saplings of big leaf maple (Acer macrophyllum), and unidentified grass species (lawn). Non-native invasive species observed included: Himalayan blackberry (Rubus armeniacus) and English holly (flex aquifo/ium). Mitigation Options Many mitigation targets were identified on the shoreline riparian area in the immediate vicinity of the proposed shoreline stabilization replacement. In addition to the substantial amounts of non-native invasive Himalayan blackberry (Rubus armeniacus) along the top of the existing bulkhead, there is also one English holly (I/ex aquifolium) that can be removed. The entirety of the existing rock riprap and concrete bulkhead is in disrepair and eroding into the waters of Lake Washington, Its removal is suggested for mitigation. Additionally, the cove on this shoreline has retained a fair amount of trash and derelict debris such as washed up floats and booms, dislodged creosote logs, and various miscellaneous trash, all of which can be removed as mitigation. D. Ecological Functions of Lake Washington along the Study Area The proposed planted riparian vegetation will add significant organic matter to the lake substrate in the form of leaves and woody debris that fall and wash into the lake. This will provide additional source of food, shelter and shade for aquatic invertebrates and fish. This increased vegetation will also provide food and shelter for terrestrial insects, and in tum provide an additional food source for birds and animals that feed upon them. The addition of riparian vegetation to this site should also help water quality by filtering pollutants, removing nutrients and reducing sediments in any runoff from the adjacent upland development. The increased overhanging vegetation should facilitate the migration of juvenile salmon. E. Fish and Wildlife Use or the Area 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 ESA. The restored gravel substrate and gently sloping bottom of the proposed cove beach should provide favorable habitat for winter rearing of salmon fry. F. Project Details The project consists of construction a new dock (951 ft 2 ) that will extend 140' into lake Washington from a shoreline stabilization replacement structure (Figures 1-3). The existing bulkhead is failing badly as seen in Attachment 1. The replacement shoreline stabilization will be located immediately landward of the existing bulkhead. The replacement shoreline stabilization will be constructed landward of the existing bulkhead and then the existing bulkhead will be removed (Figure 3 ). A cove beach area will also be added immediately in front of the replacement shoreline stabilization. MS&A Joos New Dock and Bulkhead Replacement Project• 5 The proposed dock structure will be composed of a 3 '-11" by 30' then 5' -11" by 11 O' main dock structure. A 5' -11' by 21 '-1" dock section will be added at a right angle to the main dock section. An additional 1 '-11' by 21 '-1" finger dock section will also be added to the main dock section to provide a boat slip (Figure 2). Twenty 6" diameter galvanized steel pilings will support the dock and two 1 O" diameter galvanized steel pilings will be installed to facilitate boat moorage. A freestanding boatlift will be located adjacent to the proposed dock 60' from the replacement bulkhead (Figure 2). An additional freestanding s· by Io· grated platform lift will be located adjacent to the small finger dock. The dock will have glulam sides, ACZA stringers and galvanized steel caps and galvanized steel pilings. ThruFlow plastic grating (43% open area) will be installed on the dock. The piling will be driven with an impact hammer, using a thick wooden block as a sound attenuation measure, the wood block will be at least 6" thick. G. Action Area The action area should include the area within a one-mile radius of the project location. This area includes potential turbidity and noise impacts from the construction process. II. SPECIES AND HABITAT INFORMATION A. Species Information In the project area, the Puget Sound chinook ( Oncorhynchus tshawytscha) is listed under the Endangered Species Act as a threatened species according to the National Marine Fisheries Service (NMFS) (Federal Federal Register/ Vol. 64, No. 56 / March 24. 1999 / Rules and Regulations.). On May 11, 2007, NMFS also listed the Puget Sound steelhead (Oncorhynchus mykiss) as a threatened species under the ESA (Federal Register/ Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations). Bull trout (Salvelinus confluentus) were listed as threatened by the United States Fish and Wildlife Service (USFWS) in October of 1999. On September 2, 2005, NMFS issued the final rule designating critical habitat for 12 Evolutionarily Significant Units (ESUs) of West Coast salmon, including the Puget Sound Chinook Salmon ESU and the Hood Canal Summer-run Chum ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook ESU (Federal Register/ Vol 70, No.170 / Friday, September 2, 2005 I Rules and Regulations). USFWS has designated critical habitat in Lake Washington for Coastal-Puget Sound bull trout (Federal Register/ Vol. 70, No. 185 / September 26, 2005 / Rules and Regulations). Puget Sound Chinook: Puget Sound chinook, also called the king salmon, are distinguished from all other Pacific salmon by their large size. Most chinook in the Puget Sound are "ocean-type" and migrate to the marine environment during their first year (Myers et al. 1998). They may enter estuaries immediately after emergence as fry from March to May at a length of 40 mm., or they may enter the estuaries as fingerling smolts during May and June of their first year at a length of60-80 mm. (Healey 1982). Chinook fry in Washington estuaries feed on emergent insects and epibenthic MS&A Joos New Dock and Bulkhead Replacement Project• 6 MS&A crustaceans (gammarid amphipods. mysids, and cumaceans). As they grow and move into neritic habitats, they feed on decapod larvae, larval and juvenile fish, drift insects, and euphausiids (Simenstad et al. 1982). These ocean-type chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. In the Lake Washington system, adult chinook salmon usually arrive at the Chittenden Locks in July, although there are some arrivals before and after July (Synthesis of Salmon Research and Monitoring. 2008). According to Fresh et al. (2000), the total time for salmon migration from the Locks to arrival at their tributary spawning grounds "can take up to 55 days, but averages less than 30." During much of this time, salmon hold in the upstream area from the Locks before moving through the Ship Canal and Lake Union. Fresh et al. (2000) found the average holding time to be from 17 to 19 days. After reach their spawning streams between September and November, spawning occurs from October to December. According to Tabor et al. (2006), "Fry emerge from their redds from January to March. Juvenile Chinook salmon appear to have two rearing strategies: rear in the river and then emigrate in May or June as pre-smolts, or emigrate as fry in January, February, or March and rear in the south end of Lake Washington or Lake Sammamish for three to five months." In the project area vicinity,juvenile chinook salmon from the Cedar River enter Lake Washington and rear in the south end of the lake primarily from January to May. Tabor et al. (2006) also reported that: Similar to results of 2002, juvenile Chinook salmon were concentrated in the south end of Lake Washington from February to May .... .Therefore, it appears that the lake shore area near the natal stream is an important nursery area for juvenile Chinook salmon. In Lake Washington, the major part of this nursery area appears to be roughly from Pritchard Beach on the west shoreline and the mouth of May Creek on the east shore and the south part of Mercer Island. In this area, the number of Chinook salmon would be expected to be relatively low until mid-May or June. The project site is approximately 0.7 miles south of May Creek. In the same study cited above, it was found that marked chinook did not move far from their release site at Gene Coulon Park (approximately 0.98 miles south of the current project site). Marked juveniles were observed 1, 7, 15, and 21 days after release at Gene Coulon Park. All of the marked salmon that the investigators observed had moved less than l 50 m from their release site at the park. After moving slowly away south Lake Washington,juveniles reach the Chittenden Locks during the period between May and August, with peak migration through the Locks taking place in June. According to Kerwin (2001) chinook, coho, sockeye and winter steelhead use May Creek for spawning, rearing and migration. However, volunteers from the Volunteer Salmon Watchers Program have been observing salmon in May Creek since 2000. They have reported that only sockeye are seen consistently, while chinook, coho, cutthroat trout and kokanee salmon are less commonly seen. Hammer (2011) reported that the number of chinook varies from Oto 12 fish annually in May Creek. Joos New Dock and Bulkhead Replacement Project• 7 WDFW reported three live chinook and one redd in 20 IO spawner surveys. Bull Trout: Coastal-Puget Sound bull trout have ranged geographically from northern California (at present they are extinct in California) to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern Japan and Korea. Bull trout are members of the char subgroup of the salmon family. Spawning occurs typically from August to November in streams and migration to the open sea (for anadromous populations) takes place in the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15 degrees C are thought to limit bull trout distribution (Rieman and McIntyre 1993 ). They live both in fresh and marine waters. Some migrate to larger rivers (fluvial), lakes (adfluvial), or saltwater (anadromous) before returning to smaller streams to spawn. Others (resident bull trout) complete all of their life in the streams where they were reared. Habitat degradation, dams and diversions. and predation by non-native fish threaten the Coastal-Puget Sound population. The Coastal-Puget Sound bull trout population is thought to contain the only anadromous forms ofbull trout in the contiguous United States (Federal Register/ Vol. 64, No. 210 / November 1, 1999 I Rules and Regulations). Two subpopulations of bull trout (also known as "native char") are considered within the Lake Washington area: the Chester Morse Reservoir population and the Issaquah Creek-Sammamish River population (Federal Register/ Vol. 64. No. 210 / November l, 1999 I Rules and Regulations). "Only two 'native char' have been observed during the past 10 years in the Issaquah Creek drainage and none have been observed in the Sammamish River system. It is questionable whether a viable subpopulation remains." (Federal Register/ Vol. 64, No. 210 I November I, 1999 I Rules and Regulations). Puget Sound Steelhead: Wild winter steelhead enter the Lake Washington system in mid-December with peak spawning taking place in May. There have been high rates of predation by California sea lions at the Ballard Locks, which is one of the leading factors in the declining steelhead production in the Lake Washington system (1992 Washington State Salmon and Steelhead Stock Inventory. Appendix One -Puget Sound Stocks. Washington Department offish and Wildlife, Olympia, WA.). MS&A According to Kerwin (2001): The Lake Washington system supports one native winter steelhead stock but not a summer steelhead stock (SASS! 1994). The winter steelhead stock was listed in SASS! as "Depressed" but has recently shown some evidence of rebounding. A limited hatchery program utilizing the native winter steelhead stock was initiated in 1997 as a supplementation type program to assist in recovery of winter steelhead populations in the north Lake Washington tributaries. The sharp decline in Lake Washington winter steelhead was noted as a reason for concern by NMFS in their stock status review (Busby 1996). However, in a more recent analysis. between 1986 and 2004 escapement for the Lake Washington winter-run steelhead ranged from 1,816 ( 1986) to 44 (2004) (WDFW 2004). However, the escapement in 2015 was reported as only 6 (SCoRE). Based on the chronically low escapement and Joos New Dock and Bulkhead Replacement Project• 8 short-term severe decline in escapements. the stock status has decreased from its l 992 "depressed'' status to "critical" in 2002. WDFW has reported steelhead in the lower 3 miles of May Creek (Salmon Scape, 20 I 0). Marbled Murrelets: Marbled murrelets are small marine birds in the alcidae family. They spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species (WOW, 1993). Adult birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch, Pacific herring, surf smelt and other small schooling fish, and feed on invertebrates. The project site is located in an urban environment adjacent to a major highway. There is a high level of ambient noise in the project vicinity. There is no nesting habitat near the site. Therefore, it is unlikely that murrelets will be present in the project vicinity. III. EFFECTS OF THE ACTION The status of each of the listed species in the action area has been provided. The proposed project has been described and the action area defined. When reviewing all the data, the potential direct and indirect effects of the proposed action on the listed species and their critical habitat should be considered. A. Direct Effects When considering the direct effects of the proposed project, one must determine if the proposed project will immediately reduce or destroy the listed species and/or their habitat. The potential, direct impacts caused by the construction process include increased noise and turbidity. Pile driving noise: The piling will be driven with an impact hammer, using a thick wooden block as a sound attenuation measure, the wood block will be at least 6" thick. Feist et al. (1992) reported that salmonids could be expected to hear pile driving noise approximately 2,000' from the source. Based on the studies at the Everett Homeport, these researchers concluded that pile driving did alter the distribution and behavior of juvenile pink and chum salmon. Turbidity: Increased turbidity caused by pile driving could, under certain circumstances, have adverse effects on salmon and bull trout. The effects depend on duration of exposure, concentration of turbidity and the life stage of the salmon during the increased exposure. The effects can be discussed in terms oflethal, sublethal or behavioral (Nightingale and Simenstad 2001a and Simenstad, editor, 1988). A silt containment curtain will be installed in the project area to contain and minimize turbidity impacts. MS&A To minimize the adverse effects of increased turbidity and noise on migrating salmonids and bull trout, inwater construction work will take place during the approved work window from July 16 to December 31. Overwater work can proceed outside of the inwater work window. Joos New Dock and Bulkhead Replacement Project• 9 B. Indirect Effects Indirect effects are effects of the project that occur later in time. For this project, indirect effects might include alteration of juvenile salmon migratory pathways, increase in salmonid predation and reduction in prey resources and refugia due to shading of the epibenthic substrate by the structure. Migratory pathway alteration: MS&A Freshwater: There were no studies specifically investigating the effects of piers on salmonid migration in lakes cited by Kahler et al. (2000) in their review of pier-related impacts in lakes. Concerning the lake environment, Kahler et al. (2000) state, "The question remains whether juvenile salmonids in lakes migrate under, or otherwise utilize, piers, or if they avoid them and/or traverse their perimeter." However, more recent reports have provided additional information concerning salmon responses to overwater structures. Tabor and Piaskowski (2002) noted that. "In February and March, chinook salmon were found using overhead structures (piers, docks, and overhanging vegetation) during the day but in April and May, no chinook salmon were ever observed using overhead structures. At night, chinook salmon rarely used overhead structures." The authors hypothesized that the overhead structures were being used as a substitute for natural overhead cover during the days in February and March. In a later study, Tabor et al. (2006) noted slightly different results. They state that, "When migrating Chinook salmon approach a pier they appeared to move to slightly deeper water and either pass directly under the structure or swim around the pier. Most likely they move to deeper water as a way of reducing their predation risk." The pier where these findings we made is approximately 7.8' wide, 138' long and had solid decking. The dimensions of the piers in the earlier study are not known. The results from the later study were noted in May and July, whereas the 2002 study results were for the earlier months of February and March. In another study, Tabor et al. (2011) reported that, "Juvenile Chinook salmon were rarely observed under an overwater structure during either daytime or nighttime." There were no details concerning the type of overwater structure where these observations were made -sold decking or grated overwater structures. The results ofCeledonia et al. (2008) were similar to those of Tabor et al. (2000). Celedonia et al. stated, "Juvenile Chinook salmon generally avoided areas directly beneath overwater structures. However, areas along the edges of structures (within about 2 m horizontal distance) were sometimes used for prolonged periods (up to 2 hours in one case)." However, these authors offered the following qualifying statement: These observations may be representative of holding fish near structures in general, but may not be an accurate indication of how untagged Chinook salmon would generally behave upon Joos New Dock ond Bulkhead Replacement Project• JO volitionally entering these specific areas. Actively migrating fish (i.e., most fish released off-site and observed at the Seattle Tennis Club site) often appeared to change course as they approached a structure. Structure width and water depth appeared to influence degree of avoidance. Fish appeared less hesitant to pass beneath narrow structures. Fish also appeared to move into deeper water to travel beneath or around structures. These authors also observed: Behavior at structures differed (i.e .. swim beneath or travel around perimeter), and may have been related to such interrelated factors as: fish size, light levels beneath the structure, degree of contrast at the light-dark edge, width of the structure, height of the structure above the water surface, and water column depth beneath the structure. Further study is needed to conclusively determine how these and other factors interact to influence Chinook salmon behavior. Marine Waters: In the marine environment, it is generally accepted that overwater structures can alter migration behavior of juvenile salmon (though the effects may vary depending on the design and orientation of the structure, degree of shading. and the presence of artificial light), and reduce salmon prey resources and refugia by shading aquatic plant life (Simenstad et al. l 999; Nightingale and Simenstad 200 I b). However, the significance of these effects is not clear. As Simenstad et al. state, "We found no studies that described empirical evidence supporting or refuting that modification of juvenile salmon behavior in shoreline habitats was reflected in changes in survival." Nightingale and Simenstad (2001 b) state, "Presently. although we know that under some conditions small juvenile salmon will delay or otherwise alter their shoreline movements when encountering an overwater structure, the conditions under which this behavioral modification is significant to the fishes' fitness and survival is relatively unknown." A study by Williams et al. (2003) at the Mukilteo ferry terminal, found that, "Salmon fry were observed in all nearshore habitats during each transect sampling period (day and night). The fry were observed under a wide range of PAR values (0.0 µmot m-2 s-1 to 2370 µmo! m-2 s-1 ). Fry were observed both outside the terminal and underneath the terminal at all times, and shadows produced by the l 0-m-wide terminal structure did not appear to act as barriers to fry movement at this location." There is no question that underwater structures may alter migration patterns -that is not in dispute. As seen in the study by Williams and in many other studies (see the literature review by Weitkamp - 2003), there are studies that indicate that salmon migration is not affected by the presence of overwater structures. Of course, there are other studies indicating migration patterns are altered by overwater structures. Increased predation: An additional concern about the impacts of overwater structures on migrating salmon is that they will be forced to move out into deeper water, where they will be consumed by predatory fish species. However, in a study conducted in the marine enviromnent, Williams et al. (2003) noted: MS&A We found no evidence that avian, marine mammal, or fish predators consumed more juvenile salmon near WSF terminals than along shorelines without overwater structures. Few species Joos New Dock and Bulkhead Replacement Project• 11 appeared to be targeting abundant fry in nearshore habitats, and we observed only two occasions in which predators ( one tern sp .. one staghorn sculpin) had consumed juvenile salmon. The authors also state, Our analysis offish diets at the Mukilteo terry terminal provides one piece of conclusive evidence that juvenile salmon were not a major dietary component of predatory fish species during our study. It should be noted that the Williams study was conducted in the marine, not lake, environment. In Lake Washington, smallmouth bass migration into the littoral zone corresponds with the peak occurrence of migrating salmonids in this zone (Fresh et al. 2001). Because of these similar migration patterns, salmonids are most at risk of predation from smallmouth bass in Lake Washington. Bass prefer complex, natural cover for their foraging environment. When there is a scarcity of natural cover for foraging, as is the situation in Lake Washington, they tend to use the dominant structures in the environment, such as pilings and piers. for foraging cover (Kahler et al. 2000). There is concern that increasing the number of overwater structures will increase the predation success of smallmouth bass on migrating salmonids. Tabor et al. (2004) investigated predation of juvenile chinook salmon in three areas of the Lake Washington Basin. One of the areas they looked at was the south end of Lake Washington, an important rearing area. The investigators found that: The only predators observed to consume Chinook salmon were cutthroat trout, prickly sculpin (C. asper), smallmouth bass (Micropterus dolomieui), and largemouth bass (M salmoides). Consumption of Chinook salmon by cutthroat trout was observed in February, March and early April. Predation by prickly sculpin was only observed in February. Smallmouth bass consumed Chinook salmon in May and June. Few largemouth bass were collected; however, we did document a largemouth bass that had consumed a Chinook salmon in June. We estimated a total of 1,400 Chinook salmon fry were consumed by littoral predators from February to mid May ..... Based on consumption estimates and expected abundance of juvenile Chinook salmon, predatory fishes probably consumed less than I 0% of the fry that entered the lake from the Cedar River. The investigators in this study did not comment on the impacts of overwater structures on the predation rate found in south Lake Washington. C. Interrelated/Interdependent Effects Completion of this project will not promote future construction or other activities that would not otherwise occur without its completion. Therefore, no additional interrelated or interdependent actions that could affect species regulated under ESA will occur because of this project. MS&A Joos New Dock and Bulkhead Replacement Project• 12 D. Take Analysis "Take" is defined as, "to harass, harm, pursue, hunt, shoot, wound, trap, capture, collect or attempt to engage in any such conduct." The USFWS further defines "harm" as "significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering." It is likely that no "take" will result from this project. E. Conservation Measures In order to minimize any direct effects on the listed species caused by this project, inwater work should take place between July 16 and December 31. It is requested that overwater work be allowed to take place outside of this work window. Additional impact reduction and mitigation measures will reduce adverse impacts of the project. They include: I. The main dock section is 30' long and 3·-1 i-· wide then 110' long and 5'-11" and fully grated. 2. Only 6" diameter steel pilings will be used to support the dock to minimize migration obstacles for young salmonids that prefer the more shallow areas. 3. The construction barge will not be allowed to ground out on the lake bottom at anytime. 4. A slit fence will be installed during shoreline stabilization construction to minimize sedimentation impacts. 5. Native vegetation will be planted along the project site shoreline (See the attached Planting Plan). 6. Fifty cubic yards of 2" minus spawning gravel will be spread as seen in Figure 4. One and one half inch spawning gravel may be substituted if r minus is not obtainable. 7. Debris and old bulkhead material will be removed from the shoreline. 8. A cove beach area will be constructed in front of the replacement shoreline stabilization. Siltation Management: Several methods are suggested to prevent siltation in the Washington State Department of Ecology's STORM WATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN, often termed "the Technical Manual". (WDOE 2012). The following precautions for siltation prevention during construction processes are suggested in Volume II ··Construction Stormwater Pollution Prevention" in the Stormwater Management Manualfor Western Washington. These Best Management Practices (BMPs) are as follows: • BMP ClOI: Preserving Natural Vegetation • BMP C102: Buffer Zones • BMP C103: High Visibility Fence • BMP C105: Stabilized Construction Entrance/ Exit • BMP C106: Wheel Wash • BMP Cl 07: Construction Road/Parking Area Stabilization MS&A Joos New Dock and Bulkhead Replacement Project• 13 • BMP Cl 20: Temporary and Permanent Seeding • BMP Cl21: Mulching • BMP Cl22: Nets and Blankets • BMP Cl23: Plastic Covering • BMP Cl 24: Sodding • BMP Cl25: Topsoiling/ Composting • BMP Cl26: Polyacrylamide (PAM) for Soil Erosion Protection • BMP C 130: Surface Roughening • BMP Cl31: Gradient Terraces • BMP Cl 40: Dust Control • BMP C 150: Materials on Hand • BMP Cl51: Concrete Handling • BMP C152: Sawcutting and Surfacing Pollution Prevention • BMP Cl 53: Material Delivery, Storage and Containment • BMP C154: Concrete Washout Area • BMP Cl 60: Certified Erosion and Sediment Control Lead • BMP C162: Scheduling Please refer to Volume II "Construction Stormwaler Pollution Prevention" in the Stormwater Management Manual for Western Washington for BMP details. F. Determination of Effect After reviewing the appropriate data and surveys. the effect determinations for the impacts of the project, as designed, are: l. Puget Sound chinook-"May affect. not likely to adversely affect" 2. Bull trout -"May affect, not likely to adversely affect" 3. Puget Sound stee/head-"May affect. not likely to adversely affect" 4. Marbled mu"e/et -"No effect" This is the appropriate conclusion when effects on the species and their critical habitat are expected to be beneficial, discountable or insignificant. Limiting construction work to the approved work window will reduce direct impacts on the listed species. Shading impacts on the benthic environment will be minimized by the conservation measures discussed above. G. Net-Loss Determination All measures have been taken to avoid and minimize potential impacts resulting from the proposed project through conservation measures above. In consideration of the unlikely impact to ESA species as well as the proposed shoreline mitigation planting suggested below 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 preservation of that environment. MS&A Joos New Dock and Bulkhead Replacement Project• 14 IV. SHORELINE MITIGATION PLAN A. Mitigation Mitigation is required for this site as the proposed work will be conducted on a shoreline of Lake Washington. It is meant to provide compensation for unavoidable impact that may occur as a result of this project as well as to restore and enhance the shoreline where a failing bulkhead currently exists. This plan includes the removal of all invasive species of plants, mainly Himalayan Blackberry along the top of the existing bulkhead, and one English Holly tree in the lawn. Additionally, as a part of the reconstruction of the shoreline stabilization, the existing bulkhead that is failing and all derelict trash and debris on this shoreline will be removed for mitigation. A mitigation planting plan with native plant species has been developed by the proponents' landscaper (Shapiro Ryan Design) and this plan involves extensive planting of trees, shrubs, and herbs. Please refer to Appendix A for the shoreline mitigation planting map and plant list. Plants should be installed in late fall or early spring following the construction work. During these times plants are semi-dormant and soils are easier to work. Plants will be laid out by hand generally following the spacing specified on the planting plan map (Appendix A). The plants will be installed by digging a one to two foot hole, loosening the soil, placing plant in ground after loosening soil around root ball. The hole must be deep enough to ensure that roots are straight, but not so deep as to bury plants too far above the root collar. Once the plant is in place the hole will be backfilled and tamped lightly. Mulch should be applied 3" deep around plants, being careful not to touch stem of plant. No extraordinary measures are proposed at this time to protect the installed plants other than mulching, weeding and watering. Substitutions might be necessary for species or individuals that cannot be found at local nurseries. All plant substitutions will be approved by the project biologist prior to installation to ensure their suitability for the site. B. Performance Standards Performance standards are measurable criteria for determining if the goals and objectives of the mitigation project are being achieved. 1 f the proposed benchmarks are not achieved by comparing the surveys to the mitigation goals, then contingency plans will need to be implemented. Performance Standard# 1 (survival rate): Immediately after planting, all plants will be counted and documented. At the end of each growing season (late Aug-early Sept) plots will be visited and a count of surviving plants will be documented. The percent survival for the plots will be calculated by dividing the total number of plants after planting by the total number of surviving plants at the end of the season. Photo stations for each replanting site wi 11 be determined and a photograph of each transplant location will be taken on an annual basis. Individual plants that die must be replaced with native species in order to meet the survival performance standards. Performance Standard # 2 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the enhanced areas from above and estimating the area covered by the individual species. The percent cover within an area can be quantified as a total greater than 100% because plants (in tree, high/low shrub and herbaceous layers) overlap in cover. Performance Standard #3 (invasive removal): All areas where invasive plants were removed will be surveyed visually and categorized with photo stations. This is to ensure that 0% (none) of the targeted Invasive species (Evergreen Blackberry and Iris) will be present and have not reestablished within each MS&A Joos New Dock ond Bulkhead Replacement Project• 15 monitoring year. C. Monitoring Plan An as-built drawing and report will be submitted as documentation of the implementation of the approved planting plan within one month of installation. The plan will include vegetation description and photo documentation from established photo stations. A panoramic photo of the entire mitigation site will also be provided. Photos should be taken June -August, during the growing season. Monitoring will take place over a period of five years at the end of the growing season (late August or early September) of each monitoring year. The performance standards will be monitored by measuring plots in zones within the planting area that will be established and mapped after planting occurs, on the as-built plan. There will be photo points for each plot and they will be referenced on the as-built plan. Each year, the photo points that are established at each site, will be used for comparison. Photos will be taken at all points for all years as visual documentation of the performance standards progress, or lack of. In addition to photos at designated points, photo documentation must include a panoramic view of the entire planting area. Submitted photos must be formatted on standard 8 1/2 " by 11" paper, dated with the date the photo was taken, and clearly labeled with the direction from which the photo was taken. The photo location points must be identified on an appropriate drawing. Collected data and photos will be compiled into an annual Riparian Planting report each year and submitted by November 30 of each monitoring year for five years. Each annual monitoring report shall include written and photographic documentation on plant mortality and replanting efforts and must document whether the performance standards are being met. Monitoring results will determine whether or not contingency measures will be needed. Performance Standards #1 & 2 Year I: Achieve I 00% survival success of replanted natives into mitigation areas Year 2: Achieve 100% survival success at end of second year into mitigation areas Year 3: Achieve 80% survival success at end of third year into mitigation areas Year 4: Achieve 80% survival success at end of fourth year into mitigation areas Year 5: Achieve 80% survival success at end of fifth year into mitigation areas Performance Standard #3 Year l: Achieve 100% removal of targeting invasive species from mitigation areas Year 2: Achieve 100% removal of targeting invasive species from mitigation areas Year 3: Achieve 100% removal of targeting invasive species from mitigation areas Year 4: Achieve 100% removal of targeting invasive species from mitigation areas Year 5: Achieve 100% removal of targeting invasive species from mitigation areas MS&A Joos New Dock and Bulkhead Replacement Project• 16 D. Maintenance and Contingency Maintenance shall occur at least twice during the growing season to ensure the survival of all native species within the mitigation area, including volunteer natives. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established, extra watering may not be necessary. Hand weeding will be necessary around all plants that are being monitored for survival and coverage. If the required survival rate is not met by the end of any monitoring year, plants lost to mortality will be replaced to achieve the percentage cover performance standard described above. Prior to replacement, an appropriate assessment will be performed to determine if the survival was affected by species/site selection, animal damage, or some other factor. Subsequent contingency actions must be designed to respond directly to the stressor(s), which are increasing mortality of planted native species. If a particular species is shown not to endure site conditions then another, more appropriate species will be selected. If excessive damage is observed, protective measures will be introduced. Monitoring years may be added if significant re-planting becomes necessary. Monitoring on an annual basis for five years will occur with photographs to determine the survival rate of the transplanted area. lf 100% success is achieved before reaching the five-year mark, monitoring will continue without extra replanting efforts. Within the five year time period, transplanting will occur on an annual basis to replace any plants that are lost until I 00% success is achieved. MS&A Joos New Dock and Bulkhead Replacement Project• 17 REFERENCES Celedonia, M. T., Roger A. Tabor, Scott Sanders. Daniel W. Lantz, and Ian Grettenberger. 2008.Movement and habitat use of chi nook salmon smolts and two predatory fishes in Lake Washington and the Lake Washington Ship Canal. 2004-2005 acoustic tracking studies. Final report to Seattle Public Utilities. Federal Register/ Vol. 61, No. 102 / May 24. 1996 / Rules and Regulations. Federal Register/ Vol. 64, No. 56 / March 24. 1999 / Rules and Regulations. Federal Register/ Vol. 64, No. 210 /1'-iovember I. 1999 / Rules and Regulations. Federal Register I Vol 70, No.170 I Friday, September 2, 2005 I Rules and Regulations. Federal Register/ Vol. 70, No. 185 / September 26, 2005 / Rules and Regulations. Federal Register/ Vol. 72, No. 91 /Friday.May 11, 2007 / Rules and Regulations. Feist, Blake E., J.J. Anderson and R. Miyamota. 1992. Potential impacts of pile driving on juvenile pink (Oncorhynchus gorbuscha) and chum (0. keta) salmon behavior and distribution. FRI-UW-9603, Fish. Res. Inst., UW, Seattle, WA. Fresh, K.L, E. Warner, R. Tabor, and D. Houck. 2000. Migratory behavior of adult Chinook salmon spawning in the Lake Washington watershed in 1998 and 1999 as determined with ultrasonic telemetry. Extended abstract and presentation prepared for the Washington Chinook Salmon Workshop, November. Fresh, K. L., D. Rothaus, K. W. Mueller and C. Mueller. 2001. Habitat utilization by predators, with emphasis on smallmouth bass, in the littoral zone of Lake Washington (draft). WDFW. Hammer, Misty, King County Road Services Division. 2011. May Creek Drainage Improvement Project. Biological Evaluation Report for: Chinook Salmon and Steelhead Trout as protected under the Endangered Species Act. May Creek, King County, Washington State. Prepared for: King County Water and Land Resources Division Department of Natural Resources and Parks. 201 South Jackson Street Ste 600,Seattle, WA 98104-3856. Healey, M. C. 1982. Juvenile Pacific salmon in estuaries: the life support system, pp. 315 -341. In: V.S. Kennedy (ed.), Estuarine comparisons. Academic Press, New York, NY. Kahler, T., M. Grassley and David Beauchamp. 2000. A summary of the effects of bulkheads, pier and other artificial structures and shorezone development on ESA-listed salmonids in lakes. City of Bellevue. Kerwin, J., 2001. Salmon and Steelhead Habitat Limiting Factors Report for the Cedar-Sammamish Basin (WRIA 8). Washington Conservation Commission. Olympia.WA. Myers, J.M., R. G. Kope, G. J. Bryant, D. Teel, L. J. Lierheimer, T. C. Wainwright, W. S. Grand, F. W. MS&A Joos New Dock and Bulkhead Replacement Project• 18 Waknitz, K. Neely, S. T. Lindley, and R. S. Waples. 1998. Status review of Chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce, NOAA Tech Memo. NMFS- NWFSC-35, 443 pp. Nightingale, Barbara and Charles Simenstad. 200 I a. Dredging activities: marine issues. Submitted to Washington Department of Fish and Wildlife. Washington Department of Ecology, and Washington State Department of Transportation. Olympia. WA, 144 pp. Nightingale, B. and Charles Simensta<l. 200 I b. Overwater structures: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation. Olympia. WA, 177 pp. Rienman, B. E. and J. D. McIntyre. 1993. Demographic and habitat requirements for conservation of Bull Trout. Gen. Tech. Rpt. U.S. Forest Service. lntermountain Research Station, Ogden, UT. 38 pp. SCoRE. WDFW Salmon Conservation Report Engine. https://fortress.wa.gov/dfw/score/score/species/population _ details.jsp?stockld""'6 l 56 Simenstad, C. A., K. L. Fresh and E. 0. Salo. 1982. The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function. Pp. 343-364. In: V. S. Kennedy, (ed.), Estuarine comparisons. Academic Press, New York, NY. Simenstad, C. A., (ed.). 1988. Effects of dredging on anadromous Pacific coast fishes, Workshop proceedings, Washington Sea Grant. Seattle WA, September 8-9, 1988. Simenstad, C.A., B.J. Nightingale, R.M. Thom and D.K. Shreffier. 1999. Impacts of ferry terminals on juvenile salmon migration along Puget Sound shorelines. Phase 1: Synthesis of state of knowledge. Report to WSDOT/TJSDOT Research Report T9903, Task A2, 116 pp. + appendices. Synthesis of salmon research and monitoring. Investigations conducted in the Western Lake Washington Basin. December 31, 2008. Seattle Public Utilities and the Army Corps of Engineers. Contributors: Mike Cooksey Peter N. Johnson, Paul De Vries, Michele Koehler, Charles J. Ebel, Lynne Melder, Frederick A. Goetz, Jim Muck, Julie Hall Eva Weaver Tabor, R. A. and Richard M. Piaskowski. 2002. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2001. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Otlice, Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503. Tabor, R. A., M. T. Celedonia, F. Mejia, R. M. Piaskowski, D. L. Low, B. Footen and L. Park. 2004. Predation of juvenile chinook salmon by predatory fishes in three areas of the Lake Washington Basin. U.S. Fish and Wildlife Service, Muckleshoot Indian Tribe and Northwest Fisheries Science Center. I Tabor, R. A. Howard A. Geams, Charles M. McCoy III , and Sergio Camacho. 2006. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2003 MS&A Joos New Dock and Bulkhead Replacement Project• 19 and 2004. U.S. Fish and Wildlife Service. Western Washington Fish and Wildlife Office, Fisheries Division. 510 Desmond Drive SE, Sui le 102. Lacey, Washington 98503. Tabor, Roger A., Kurt L. Fresh, Richard M. Piaskowski, Howard A. Gearns & Daniel B. Hayes (2011): Habitat Use by Juvenile Chinook Salmon in the Nearshore Areas of Lake Washington: Effects of Depth, Lakeshore Development, Substrate. and Vegetation, North American Journal of Fisheries Management, 31:4, 700-713 Washington Department of Wildlife (WOW). l 993. Status of the marbled murrelet Brachyramphus marmoratus in Washington. Unpubl. Rep. Wash. Dept. Wild!., Olympia, WA. Washington Department of Fish and Wildlife (WDFW). 2004. Salmonid Stock Inventory (SaSI). Washington Department offish and Wildlife. Olympia, WA. Weitkamp, Don E. September 2003. Young Pacific Salmon in Estuarine Habitats. Review Draft. Parametrix, Inc. Kirkland, WA. Williams, G.D., R. M. Thom, D. K. Shreffler. J. A. Southard, L. K. O'Rourke, S. L. Sergeant, V. I. MS&A Cullinan, R. Moursund, and M. Stamey. Assessing Overwater Structure -Related Predation Risk on Juvenile Salmon: Field Observations and Recommended Protocols. September 2003. Prepared for the Washington State Department ofTransportation Under a Related Services Agreement With the U.S. Department of Energy Under Contract DE-AC06-76RLO 1830. Joos New Dock and Bulkhead Replacement Project• 20 s: V> s,, )> ~ 0 0 ~ z ~ 0 0 () " 0 :, 0. "' C "' er (D 0 0. "' (D ,::, Q 2 3 (D 3-.,, .Q. (D <:l. • "' CON(;fl£T£ 8Uu«iEAr.> 40' 0 20' 401 .. -... : : 1" = 40" Roa< At-10,.- 0£ ... S EXISTING SITE PLAN SCALE: 1' • 40' s NOTE; Propcny i11fo.nna1loo fix tllis ,11..: wa~ ,:iti.:w.u\l:ld frum ii MlfH') anLl a ljUllflCI .1.CCliun. Marillt." Rc.&on.iioo & {"lm~ln1L1mn l.l.f" ha,; added iofomu.iioil t'rom ot1~r i,01.m~" ioduding fk'ld 1nclbtlretoo11b nnd aerial rtwt(~. w~ art' nu1 suncy<o .ind nm llOl ,lfllilrafllO: great kl cl ~,f ll(:Ulr'lM.:y. I/ it• · ~11 I t) PAGE3ol 12 •11 !illil ~f~l~~64~~~}:?!t1!!£N & c2~,~!s~~~JION LLC ~II 1W E-MAIL: lNFOOMARINELLC.COM :.,~.;..,"'7"..,:.:=.=".:m.::~~ ... II ~ JO ::: ', !"'; - :-'1 ~- 'Jl ... :r (JCj 'Jl -· ... 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WM uhtniued from a ~uncy and .i qu11rter;;c.;1iu11. Marine Resiorauori & (\)B.nnl\'llOn LU.' ha, ad<kd information from \14hi:r ,;oun.--e~ induding fJdd 11\C-lL\ureffi<'nt,; and ;u:rial plk.11.u ... We arc no, !-Uf\'('~~ and ,;--an not guarantee grcai: le,,cl ~,( ~1:uri«-) • • I PROPOSED PLAN VIEW 0) ,,. = 40u SCALE 1' = 40' PAGE 4of 12 MARINE RESTORATION & CONSTRUCTION LLC MAIL: P.O. BOX 884, Kirkland, WA 96083 -0884 PHONE: (425) 576-8661 E-MAIL: INFOOMARINELLC.COM :-,~C:.,~~~~~u.cow> .,,, er":" C ..., (C N "t; c "C 0 V, n, p,. V, -· ... n, "C -ll,) = ~ 9' :,,. ~ 0 0 ~ z 1 0 0 0 "' 0 ::, 0. "' C ;;' :)" ct> 0 0. "' ct> "O o 0 ct> ~ ::, ~ -a .Q_ (1) s. . t;l Propeny information for dlis site was obalined from a survey and a quarter section. Marine Restoration & Construction LLC has added infonnadon from other sourees includinJ field measumnents and aerial photos. We are not surveyors and can not guarantee great level of £RECT BULKHEAD BEHIND THE EXIStfNG BULi<HtAD. REMOVE fXISTlNG BULKHEAD 2" MINUS SPA~ING GRAVEL AMOUNT TO BE DETERMINED. iR ...,~ i::f i::f oo,.,.,_ 2:f /;J i:;;' '-'!. 1~~/q cot; SP~ "l\j ..., !;J ROCK STEPS - GRAPHIC SCALE 20' 0 10' 20' Ill • 1111 I I 3-4 MAN ROCK 0 l ~ hP'/t, SHORELINE PLAN VIEW t) i I I • MARINE RESTORATION & CONSTRUCTION LLC ; . MAIL: P.O. BOX 884, Kirkland, WA 98083 -0884 PHONE: (425) 576-8661 MAIL: P.O. BOX 884, Kir ~ ·· FAX: (425) 576-8669 E-MAIL: INFOCIMARINELLC.COM --·-IIF---·-w;-..._~..,,. !Xl"mlllll--afflll- "f'l IJQ. C: ""' l't w [.Jj --., ~ •. :: (!) 'Q E;" :: < •. (!) :E ~ 9' :,,. ~ 0 s: z (D " 0 0 0 7< 0 :, 0. "' C "' :,- " 0 0. "' (D -0 0 0 (D 3 (D ::?. " .Q. (D Q. \;;' MITIGATION: BEACH ENHANCEMENT SEQUENCE: • M081UZ£ TO THE sm .. -£RECT SIL f CUATIAN, -CONSTRUCT BANK STABILIZATIONBEHINO THE BULKHEAD ANO THE ORDINARY HIGH WATER MARK -Rt.MOVE THE EXISTING BULKHEAD ANO DEBRIS. -PlACf ROCKS, PlANTS, ANO AND SPAWNING GRAVEL AS WORK WINDOWS ANO PlANT SURVIVAL DICTATES. f'7') ~ r";:/ ':-I_ .. ::c 0t' . 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MS&A Joos New Dock and Bulkhead Rep lacement Projec t • 25 Looking south at the failing bu lk head and debris that will be removed as mitigation MS&A Joos New Dock and Bulkhead Replacement Project • 26 Looking north along the failing bulkhead Photo showing debris that will be re mo v e d and replaced with a cove beach and spawning gravel. MS&A Joos New Dock and Bulkhead Replacement Proj ect • 27 Looking north at debris and failed bulkhead along site shoreline MS&A Joos New Dock and Bulkhead Replac ement Project • 28 More debris that will be remond as part of the mitigation measures. MS&A Joos New Dock and Bulkhead Replacement Project • 29 MS&A Attachment 2. U.S. Fish and Wildlife species list in the project vicinity U S. Fish & Wildlife Service IPaC Trust Resources Report NAME Joss New Dock and Bulkhead Replacement Project LOC.A.T!ON King County, Washington iPAC i..lNK httos· !leros fws goy/jpac/project/ HE67H-DNOTB-ARNFU--OJ4yY-SMCCUY U.S. Fish & Wildlife Service Contact Information Trust resources in this location are managed by: Washington Fish And Wildlife Office 510 Desmond Drive Se, Suite 102 Lacey, WA 98503-1263 (360) 753-9440 Joos New Dock and Bulkhead Replacement Project• 30 MS&A :P;,C fn_;s: qe'.:c~rce5 Rfspc'"". E-.. n~:a1-gt:'-ed ~3p>:ec:es Endangered Species Proposed, candidate, threatened and endangered species are managed by the Endangered Species Program of the u S. Fish & Wildlife Service. This USFWS trust resource report is for informational purposes only and should not be used for planning or analyzing project level impacts. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list from the Regulatory Documents section. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list either from the Regulatory Documents section in IPaC or from the local field office direcUy. The list of species below are those that may occur or could potentially be affected by activities in this location: Birds Marbled Murrelet Brachyrampl1us 'Tia 0 moratus CRlTlCAL HABITAT There is final critical habitat designa~e-j fer this species. httrnr //ecos fws goyJtess publiclpmfile/s_peciesProfile aciion?sOCQde=SOSC Streaked Horned Lark Eremoph11a alpestris strigata GR!TICAL HAB:TAT There is final critical habitat design,;n:::d 'or this soecies_ https"//ecos fws gov/tess pub!ic/orn.tile/w.e.cLe.shofile action?spcode-BOB3 Yellow-billed Cuckoo Coccyzus amenc;:i1~dS CRITICAL HABITAT There is proposed critical habitat des gnaled f.or !his species. httrurtlf!oos fws goyfte:ss public:1$1rofiletspec:esProfile action?spcode=B06R Threatened Threatened Threatened Joos New Dock and Bulkhead Replacement Project• 31 MS&A Pa(: 1, .s: Res:.::v::.es R~pci-: '.:1··,jcvgered S!)Bc'B3 Fishes Bull Trout Salvelinus confluentus CRILCA'~ HAB!TA i There is final critical habitat desigr:e1ed fT :r:s s:::ecies https·/Jeoos fws gov/tess pub!icJ.irofi1e:speoes.Profllfl:.act.icm?spcode=E005 Flowering Plants Golden Paintbrush Castilleja lev1sec:2 CRIT'CAL. HABITAT No critical habitat has been desigrated for :r-:s species. httnsI/ecos fws goyltess oubliclprofi1etsoec1esProfile actioo?spcode=Q26lJ Mammals Canada Lynx Lynx canadensis CRIT:CA:... HABITAT There is final critical habitat desigr-ate:J f:J· ih1s s;:;ec1es httos-Uecos fws govttess oub!ic/omfl.le:Lspes.;i~Z:rofile aciion?spcode=A073 Critical Habitats This location overlaps all or part of the critical habitat for the following species: Bull Trout Critical Habitat Fma. ces,gnated httos·//ecos fws govttess oub!icJprQfiJe-r~12e.c&s.flr9file.action?sPOJde=E065#crithab Chinook Salmon Critical Habitat F,na, designated httos·llecos fws govftess oublic/oro.fileLg;.e_c.i!lif'(ofile action?spcode-E06D#crithab Threatened Threatened Threatened Joos New Dock and Bulkhead Replacement Project• 32 Attachment 3. Essential Fish Habitat Assessment A. Background The Magnuson-Stevens Fishery Conservation and Management Act (MSA), as amended by the Sustainable Fisheries Act of 1996 (Public law I 04-267), requires Federal agencies to consult with NMFS on activities that may adversely affect designated Essential Fish Habitat (EFH) for the relevant species. According to the MSA, EFH means "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." For the Pacific West Coast, the Pacific Fisheries Management Council (Council) has designated EFH for federally managed groundfish (PFMC 1998a), coastal pelagic (PFMC 1998b) and Pacific salmon fisheries (PFMC 1999). The purpose of the EFH Assessment is to determine the effects of the proposed project on the EFH for the relevant species and to recommend conservation measures to avoid, minimize or otherwise offset adverse effects on EFH. B. Identification of EFH The designated EFH for groundfish and coastal pelagic species encompasses all waters from the mean high water line, and upriver extent of saltwater intrusion in river mouths, along the coasts of Washington, Oregon and California, seaward to the boundary of the U. S. exclusive economic zone (370.4 km) (PFMC 1998a, 1998b). The designated EFH in estuarine and marine areas for Pacific salmon species extends from the nearshore and tidal submerged environments within state territorial water out to the full extent of the exclusive economic zone (370 .4 km) offshore of Washington, Oregon and California north of Point Conception to the Canadian border PFMC, 1999). Freshwater EFH for Pacific salmon includes all those streams, lakes, ponds, wetlands and other water bodies currently, or historically accessible to salmon in Washington, Oregon, Idaho and California, except areas upstream of certain impassable man-made barriers, and longstanding, naturally-impassable barriers. Chinook salmon and coho salmon arc the species with designated EFH that are found in Lake Washington C. Proposed Action The details of the proposed project are seen above. D. Effects of the Proposed Action The effects of this project on designated EFH are likely to be similar to the effects described in detail in the Effects Analysis section of the attached BE/Lake and Stream Study Report. The project is likely to have no permanent, long-term effects EFH designated for chinook and coho salmon. MS&A Joos New Dock and Bulkhead Replacement Project• 33 E. EFH Conservation Measures The conservation measures mentioned in the attached BE/Lake and Stream Study Report will be implemented to minimize possible adverse effects to EFH. F. Conclusion The project may have temporary adverse effects on EFH the salmon species, but will not produce long- term adverse effects on EFH for the above species. The construction of the cove beach and the addition of spawning gravel will have positive impact on EFH. G. Additional References PFMC (Pacific Fishery Management Council). 1999. Amendment 14 to the Pacific Coast Salmon Plan. Appendix A: Description and Identification of Essential Fish Habitat, Adverse Impacts and Recommended Conservation Measures for Salmon (August 1999). PFMC, 1998a. Final Environmental Assessment/Regulatory Review for Amendment 11 to the Pacific Coast Groundfish Fishery Management Plan (October, 1998). PFMC, 1998b. The Coastal Pelagic Species Fishery Management Plan: Amendment 8 (December, 1998). MS&A Joos New Dock and Bulkhead Replacement Project• 34 Attachment 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook Project description: Construction of a new dock and replacement bulkhead on Lake Washington in Renton, This assessment covers the primary constituent elements (50 CFR Part 226, page 74581-2) determined essential to the conservation of Puget Sound Chinook salmon (Oncorhynchus tshawytscha): (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: There are no suitable freshwater spawning sites at the project location. (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Existing Conditions: Material from the failing bulkhead and creosote-treated drift logs are scattered along the site shoreline. This material will be removed as mitigation for the proposed project. In addition, native vegetation will be planted along the shoreline. (3) Freshwater migration corridors free or obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Existing Conditions: See (2) above. (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging large wood. aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: See (2) above. (5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood. aquatic vegetation, large rocks and boulder and side channels. MS&A Joos New Dock and Bulkhead Replacement Project• 35 Existing Conditions: The site is in a freshwater area. (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: The site is in a freshwater lake area. Effects Analysis: A complete discussion of the effects of this project is seen in the BE/Lake and Stream Study Report. Construction will produce brief and localized increased turbidity, which will be contained by a silt curtain. The project will have no long-term impacts on water quantity, salinity conditions or water temperature. Construction during work windows will prevent impacts to the listed fish species. Shading impacts on the benthic environment will be reduced by design components of the proposed project. The entire dock will be fully grated. Native vegetation will be planted along the shoreline. A cove will be constructed and spread with spawning gravel. Determination of Effect: "'May affect. not likely to adversely affect" MS&A Joos New Dock and Bulkhead Replacement Project• 36 Attachment 5. Assessment of Impacts to Critical Habitat for Coastal -Puget Sound Bull Trout Applicant: Paul Joos The primary constituent elements determined essential to the conservation of bull trout (Salvelinus conjluentus) are: (1) Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 °f (0 to 22 °C) but arc found more frequently in temperatures ranging from 36 to 59 °f (2 to 15 °C). These temperature ranges may vary depending on bull trout life history stage and form, geography, elevation, diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence. Stream reaches that preclude bull trout use are specifically excluded from designation. Existing Conditions: The project will take place in Lake Washington, a large body of fresh water. Effects to PCE: The project is not expected to have any influence on the water temperature of Lake Washington. (2) Complex stream channels with features such as woody debris, side channels, pools, and undercut banks to provide a variety of depths, velocities. and in stream structures. Existing Conditions: Project will take place in Lake Washington -not in a stream environment Effects to PCE: No effect (3) Substrates of sufficient amount, size and composition to ensure success of egg and embryo overwinter survival, fry emergence, and young-of-the year and juvenile survival. This should include a minimal amount of fine substrate less than 0.25 in (0.63 cm) in diameter. Existing Conditions: No spawning activity at the site Effects to PCE: No effect (4) A natural hydrograph, including peak, high. low, and base flows within historic ranges or, if regulated, currently operate under a biological opinion that addresses bull trout, or a hydrograph that MS&A Joos New Dock and Bulkhead Replacement Project• 37 demonstrates the ability to support bull trout populations by minimizing daily and day-to-day fluctuations and minimizing departures from the natural cycle of flow levels corresponding with seasonal variation: This rule finds that reservoirs currently operating under a biological opinion that addresses bull trout provides management for PCEs as currently operated. Existing Conditions: Project will take place in l.ake Washington Effects to PCE: The project does not involve any alteration in the lake level; therefore it will have no impact on this PCE. (5) Springs, seeps, groundwater sources. and subsurface water to contribute to water quality and quantity as a cold-water source. Existing Conditions: See 4 above Effects to PCE: This project will have no impact on springs, seeps, groundwater sources or subsurface water (6) Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows. Existing Conditions: The shoreline is littered with material from the failing bulkhead and drift creosote- treated logs Effects to PCE: The proposed dock will incorporate design components that will decrease negative impacts on foraging habitat and migratory corridors. The proposed dock will be fully grated. A cove will be constructed and spawning gravel spread along the shoreline. The debris currently along the shoreline will be removed. (7) An abundant food base including terrestrial organisms ofriparian origin, aquatic macroinvertebrates, and forage fish. Existing Conditions: See 6 above Effects to PCE: See 6 above (8) Permanent water of sufficient quantity and quality such that normal reproduction, growth and survival MS&A Joos New Dock and Bulkhead Replacement Project• 38 • are not inhibited. Existing Conditions: See 4 above. Effects to PCE: Pile driving may produce temporary turbidity impacts. These are expected to be short term and are not expected to have a significant impact on critical habitat. Any debris associated with the project construction phase will be contained by a silt containment curtain. The replacement bulkhead will be located immediately landward of the failing bulkhead. Determination of Effect: "No destruction or adverse modification" Conservation Measures: Conservation measures for this project are seen in the BE/Lake and Stream Study Report. MS&A Joos New Dock and Bulkhead Replacement Project• 39 • APPENDIX A: Shoreline Mitigation Planting Map and Plant List February 25, 2016 Joos Residence "' "' 11 2909 Mountain View Ave N Renton, WA 98056 Shoreline Mitigation Plant Li~t Trees: Quantity Size Botanical Name 3 5'-6' Amelanch,er alnifolia 3 1.5" caliper Betula ;acquemonti Shrubs: Quantity Size Botanical Name 183 #1@2'oc Arctostaphylos uva-ursi 10 #5 Corn us sanguinea 'Midwinter Fire' 30 #1@2'oc Mahon/a neivosa a 16 #5 Hydrangea quercifolia 'Pee Wee' 7 #2 Spiraea densifolia 3 #5 Ribes sanguineum SHAPIRO 12 #1 Scrfpus m;crocarpus RYAN 7 #1 Juncus ensifolius DESIGN Herbaceous: Quantity Size Botanical Name 7 #1 Iris tenax 2 4" flats Sedum spalhifolum 2 4" flats Sedum oreganum Common Name Serviceberry Birch Common Name Kinnickinnick Bloodtwig Dogwood Oregon Grape Dwarf Oakleaf Hydrangea Subalpine Spiraea Red Flowering Currant Small Frurted Bulrush Daggerleaf Rush Common Name Iris Stonecrop Stonecrop LS,lb·l'i:ll-""°"" :.Q qb VM ""1.,L.J-¥9 • N "21cJ. =1--,pr1 N-;1-;,--,1-, ""-"''°' • \· . ' \ \ \ I I I I \ 1 " 0 " I I \ \ 7-- " \- I 0:, \ I 7 I \_ I \ I J, \ < 5 \ l I "' I I l \ \ ( _, \ ,l L \ w 1 ' w \ \') ~ \ \ {l \\J ~~ I \ \ I \ I \ \ \ -,c- \ I ~ c':f7 . ~:r 7 '' .:1:: jl'. ~I~ , ' .,,;Y ll ~l . i t ,I '?SIOQ.b VP,, r'Q.lr-671, - N ;)t,.V MJIJ\ t'>IVJ.Nro~ -·~01,:z··· 3'.)N;!dlS-% s0vc'.- 3 2 ' j 7 ~l '~ ~ ~ ' • ' < l , ~ ~ ~ ' 0 7 ' ~ ~ ,, ~s " H l{' -~\ z ) I IIIIIII IIIIII IIIII II IIII APP STATE of 'WASHING'ION SECRETARY of STATE I, RALPH MUNRO, Secretary of State of the State of Washington and custodian of its seal, hereby issue this. CERTIFICATE OF FORMATION to JOOS FAMILY LLC a Washington Limited Liability Company.filed for record in·this office on the date il)dicated below. UBI Number: 601 899 555 Date: September 04, · 1998 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital ~C1\8 Rolph Munro, Secr<l•ry ofz!!f~9947 _ 7 . -• • •• -••• ,. .... t't"':' ·.I.· 'I··~ -· 11~ .. -·,,:,•; ' . . . . . . . ,{;o; ffy .s-s.s---03q~·,0~: ~ ~~,0~,1~~~ CERTIFICATE OF FORMATION for JOOS FAMILY LLC FiLED sr;;;F w:~:;;J7 RALPH,.;> ,t":1~ SECRETA'=l" ,·,;: =~1 ·\TF. Pursuant to TIiie 25 of the Revised Code of Washington, the undersigned hereby submits this Certificate ofFonnation for the purpose of forming a limited liability company. I. The name of the limited liability company is Joos Family LLC. 2. The latest date on which the limited liability company is to dissolve is thirty-five (35) years from the date this Certificate ofFonnation is filed with the Washington Secretmy of State. 3. The name of the initial registered agent is LPSL Corporate Services, Inc., the address of which is 1420 Fifth Avenue, Suite 4100, Seattle, Washington 98101-2338. 4. The address of the principal place of business of the limited liability company is 13510 S. E. 501h Place, Bellevue, Washington 98006. 5. Management ofthe limited liability company is vested in one or more managers: [x] YES [ ]NO 6. The name and address of each person executing this certificate is: Paul N. Joos, M.D., Manager 13510 S. E. 501h Place Bellevue, WA 98996 7. This Certificate ofFonnation wiU be effective upon filing. anager SEAITLE:409126 .OJ .. I • • CONSENT TO SERVE AS REGISTERED AGENT LPSL Corporate Services, Inc. ("LPSL") hereby consents to serve as Registered Agent, in the State of Washington, for Joos Family LLC, and understands that as agent for said limited liability company, it will be responsible to receive service of process in the name of said limited liability company; to forward all mail to said limited liability company; and to immediately notify the office of the Secretary of State in the event ofits resignation, or of any changes in the registered office address ofl420 Fifth Avenue, Suite 4100, Seattle, Washington 98101-2338. DatedthisJJ_''fayof lb.~af: , 1998. LPSL CORPORATE SERVICES, INC. SEATILE:409126 \01 2 Seattle 30l 149vl LIMITED LIABILllY COMPANY AGREEMENT OF JOOS FAMILY, LLC (a Washington Limited Liability Company) Dated and Effective asof l d----\ 199 6 / / LIMITED LIABILITY COMPANY AGREEMENT OF JOOS FAMILY, LLC THIS LIMITED LIABILITY COMPANY AGREEMENT (the "Agreement") is made and entered into effective as of , 199_, between and among (a) as the Managers: (1) Paul N. Joos, M.D., and (2) Desnee M. Joos and (b) as the Members: (1) Paul N. Joos and Desnee M. Joos, husband and wife; (2) that certain trust u/a/d July 6, 1984 between Paul N. Joos, M.D. and Desnee M. Joos, as trustors and Steven G. Shimizu, as trustee (the "Childrens' Trust''); (3) The Desnee M. Joos 1990 Trust u/a/d July 27, 1990 between Desnee M. Joos as trustor and Steven G. Shimizu, as trustee; and (4) The Paul N. Joos 1990 Trust u/a/d July 27, 1990 between Paul N. Joos, as truster, and Steven G. Shimizu, as trustee. RECITALS WHEREAS, by their mutual consent, the parties to this Agreement have formed JOOS FAMILY, LLC (the "Company"), as a limited liability company pursuant to the Limited Liability Company Act and the laws of the state of Washington, for the primary purpose of holding,· refinancing, and managing selling the property until its sale or other disposition; and WHEREAS, the parties to this Agreement wish to set forth in writing the terms and conditions upon which they have formed the Company and shall conduct its business; NOW THEREFORE, in consideration of the mutual covenants of the parties, each to the other, and of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: SEATILE:409163 ~! I ARTICLE 1 -DEFINITIONS AND INTERPRETATIONS 1.1 Definitions. The following terms used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): "Act'' means the Washington Limited Liability Company Act., as amended (RCW Ch. 25.15). "Assignee " means the holder or transferee of an interest in the Company who has not been admitted as a Member of the Company. An Assignee shall have no right to participate in the Management of the business and affairs of the Company. An Assignee is entitled to share in such profits and losses, to receive such distributions, and to receive such allocations of income, gain, loss, , deduct.ion or credit or similar item to which the assignor was entitled, subject to the limilations applicable to the assignor, to the extent of the transferred interest. 1 "Agreement" means this Limited Liability Company Agreement, as originally executed and as subsequently amended from time to time. "Built-In Gains" means the excess of the value over tax basis of property contributed to the Company which is allocated pursuant to section 704(c) of the Code in determining Net Profits and Net Losses. "Built-In Losses" means the excess of tax basis over the value of property contributed to the Company which is allocated pursuant to section 704(c) of the Code. "Capital Account" means the capital account determined and maintained for each Member or Transferee on the books of the Company pursuant to Sect.ion 8.4. "Capital Contribution" means the total amount of cash and the fair market value of other property (net of liabilities secured by such property that the Company is considered to assume or take subject to under sect.ion 752( c) of the Code) contributed to the Company by a Member pursuant to the terms of this Agreement "Certificate of Formation" means the certificate of formation pursuant to which the Company was formed, as originally filed with the office of the Secretary of State, and as amended from time to time. "Code" means the Internal Revenue Code of 1986, as amended, and underlying Regulations. "Company" means JOOS FAMILY, LLC, formed and operated in accordance with the terms and conditions of this Agreement. 2 SEA 1TLE 396210 V1 "Distributable Cash" means the amount of cash determined by the Managers pursuant to Section 10.2 to be available for distribution to the Members. "Entity" means any general partnership, limited partnership, limited liability partnership, limited liability company, corporation, joint venture, trust, estate, business trust, cooperative or association or any other organization that is not a natural Person. "Events of Dissociation" means events of dissociation as defined by RCW 25.15.130. "Incompetence" or "Incompetent" means the inability of a Member or Manager to manage his or her property and affairs effectively for reasons including, but not limited to, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance. If the Member or Manager is unable to act because of physical or mental illness or disability, advanced age, or chronic intoxication or drug use, then written notice to that effect must be signed by that Member's or Manager's personal physician or, if he or she has no personal physician, by any qualified physician who is then treating him or her. If the Member or Manager is unable to act because of being detained, confined or missing, then written notice must be signed by someone having personal knowledge of his or her situation. "Joinder Agreement" means an agreement substantially in the form of attached Schedule D. "LLC" means "limited liability company," as defined by the Act. "Majority Interest" means more than fifty percent (50%) of the then outstanding Membership Interests held by Members. "Manager or Managers" means Paul N. Joos and Desnee M. Joos and any other Person who may become a substitute or additional Manager as provided in ARTICLE 4. "Member'' or "Members" means each Person who makes his, her or its required Capital Contribution and executes a counterpart of this Agreement as a Member and each Person who may hereafter becomes a Member pursuant to the terms of this Agreement. The term "Member'' as used herein shall include a Manager to the extent of his or her Membership Interest in the Company. "Membership Interest'' or "Interest" means the interest in the Company representing the Member's right to receive distributions from the Company, to receive allocations of profits and losses and to vote or otherwise participate in any decision subject to approval by Members. The Membership Interest of each Member is set forth on Schedule C, as amended or restated. 3 SEA TILE 396210 V1 "Net Profits" and "Net Losses" means for any taxable year the net income or loss of the Company, as reported for federal income tax purposes, and additional amounts allocated to the Members pursuant to sections 702 and 705 of the Code. "Permitted Transferee" means a. Paul N. Joos, Desnee M. Joos and any Person who is a lineal descendant of both of them, including adopted persons ("Lineal Descendant''); b. A spouse of a Lineal Descendant, but only for the period during which the spouse is married to the Lineal Descendant or is the surviving spouse of the Lineal Descendant; c. A trustee of any trust or custodian of a custodial arrangement which at the applicable time is held solely for the benefit of Permitted Transferees; d. Any corporation, partnership, limited liability company, or other form of business organization, in which each class of stock, interest, or other ownership interest is 100% owned by Permitted Transferees; and e. The executor or administrator of the estate of a deceased Permitted Transferee subject to ARTICLE 12. "Person" means any individual or Entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such "Person" where the context so permits. "Property" means any real, personal, tangible or intangible property contributed to, purchased, developed or otherwise acquired by, the Company including but not limited to the assets described on Schedule A, as amended or restated. "Regulations" means proposed, temporary and final Treasury Regulations promulgated under the Code and the corresponding sections of any regulations subsequently issued that amend or supersede such regulations. 'Tax Matters Manager" means Paul N. Joos and any other Person who may become a substitute Tax Manager as provided in Section 11.5. 'Transfer'' means any sale, assignment, gift, exchange, pledge, encumbrance, devise, bequest, intestate transfer, change in beneficial interest of any trust or estate, distribution from any trust or estate, change in ownership of Entity members, or any other disposition of a Membership Interest, whether voluntary or involuntary. 4 SEATTLE 396210 v1 1.2 Interpretation. a. When required by the context, the singular includes the plural and vice versa, and the masculine includes the feminine and neuter genders, and vice versa; b. Except as otherwise specifically indicated, all references in this Agreement to "Schedules," "Articles," "Sections," and other subdivisions are to the corresponding Schedules, Articles, Sections or subdivisions of this Agreement as they may be amended from time to time; and c. Headings used in this Agreement have been included for convenience and ease of reference only and will not in any manner influence the construction or interpretation of any provision of this Agreement. 1.3 Governing Law. This Agreement shall be construed and the rights, duties and obligations of the parties shall be determined in accordance with the laws of the state of Washington. ARTICLE 2 -FORMATION OF COMPANY 2.1 Name. The name of the Company is Joos Family, LLC. 2.2 Certificate of Formation. The Managers shall file a Certificate of Formation in the Office of the Secretary of State of Washington, promptly upon execution of this Agreement and before the Company begins conducting business. 2.3 Principal Place of Business. The Company's initial principal place of business shall be 13510 SE 50th Place, Bellevue, Washington, 98006. The Managers may change the location of the Company's places of business to any other place or places as they deem advisable. 2.4 Registered Office and Registered Agent The Company's initial registered office shall be at 1420 Fifth Avenue, Suite 4100, Seattle, Washington, 98101-2338, and the name of its initial registered agent at such address shall be LPSL Corporate Services, Inc. The Managers may change the registered office and registered agent by filing an amendment to the Certificate of Formation. 2.5 Term. The Company shall exist as of the date the original Certificate of Formation was filed and the Company shall continue for thirty-five (35) years, unless sooner dissolved as provided in this Agreement. 5 SEA TILE 396210 V1 2.6 Purposes. The Company is generally organized to consolidate the management and control of the Property in order to use it efficiently. Other specific purposes of the Company are: a. to protect the Company's Property from any unknown future creditors of the family of Paul and Desnee Joos to the extent permitted by law; and b. to protect the Members of the Company from any unknown future creditors arising out of the management and use of the Property or out of any business activity conducted by the Company to the extent permitted by law; and c. to provide consistent and prudent management of the Property. ARTICLE 3 --BUSINESS OF COMPANY 3.1 The business of the Company shall be [FULLY DESCRIBE BUSINESS]: a. to invest in, acquire, hold, construct, maintain, improve, develop, manage, lease, sell, exchange, and otherwise own and deal with for use and profit the Property and engage in any and all general business activities related or incidental thereto; and b. to carry on any lawful business or activity which may be conducted by a limited liability company organized under the Act. ARTICLE 4 --MANAGEMENT 4.1 Managers. Paul N. Joos and Desnee M. Joos shall serve as the initial Manager. The Manager shall manage the day to day business and affairs of the Company. The Manager shall have a fiduciary duty to the Members in managing the Company. Except as otherwise expressly provided in this Agreement, the Manager shall have full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business. The Managers shall have the power and authority on behalf of the Company to: a. Invest and reinvest available funds in investments that, in the judgment of the Managers, are consistent with the purposes of the Company. b. Vote or give proxies to vote any stock or other voting security, to exercise management rights as a general partner or as a manager or member of a limited liability company, and to enter into or oppose, alone or with others, voting trusts, mergers, consolidations, foreclosures, liquidations, reorganizations or other 6 SEATTLE 396210 vi changes in the financial structure of any business organization or buy-sell agreements, stock restriction agreement or stock redemption agreements. c. Expend Company funds or to borrow as the Managers deem appropriate. d. Collect obligations payable to the Company and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction and release therefor, together with the right to compromise any claim. e. Lease, sell, exchange, pledge, encumber or grant an option for the sale of all or any portion of the real and personal property of the Company upon such terms as the Managers deem proper. f. Perform all of the Company's obligations under any agreement entered into by the Company. g. Select and retain accountants, attorneys and other advisers (including investment advisers and property managers) to provide services for the Company. h. Execute, acknowledge and deliver any and all instruments to effectuate the foregoing. i. Take any other action deemed desirable by the Managers to further the purposes of the Company. 4.2 Major Decisions. The following actions shall be deemed Major Decisions and shall require the unanimous vote of all the Members: (1) to amend this Agreement as provided for in Section 17.3; (2) to act in contravention of this Agreement; (3) to confess a judgment against the Company; (4) to file or consent to filing a petition for or against the Company under any federal or state bankruptcy, insolvency or reorganization act; (5) to possess or assign Property for other than a Company purpose; (6) to make a non-pro rata distribution or return of capital to any Member, except as otherwise provided in this Agreement; (7) to remove a Manager; (8) to admit or expel a Member; or (9) and such other events or decisions specifically subject to the vote of all the Members as provided in this Agreement. 4.3 Time. The Managers will devote to the business of the Company such time as the Managers, in his or her individual capacity, considers to be reasonable and prudent. 4.4 Compensation. The Managers shall be entitled to compensation from the Company for services rendered to the Company as Managers as approved by an affirmative vote of a Majority Interest. In addition, the Managers shall be reimbursed by the 7 SEA ITLE 396210 v1 Company for reasonable out-of-pocket expenses incurred by the Managers in connection with the Company's business. 4.5 Limitation of Liability. A Manager shall not be liable, responsible or accountable in damages or otherwise to the Company, the other Managers, or the Members for any act or omission by a Manager performed in good faith and in a manner reasonably believed by such Manager to be (a) within the scope of authority granted to the Manager by this Agreement or in accordance with its provisions, and (b) in the best interest of the Company. A Manager shall be liable for an act or omission that constitutes fraud, intentional misconduct, bad faith, gross negligence, a knowing violation of law, or any other act referred to by RCW 25.15.040(1)(a). The liability of any Manager shall be further limited as set forth in the Act and other applicable law, unless the terms of the Agreement state otherwise. . 4.6 Indemnification. The Company shall indemnify and hold harmless its Managers against any liability, loss, damage, cost or expense incurred by them on behalf of the Company or in furtherance of the Company's interests; provided that the Company shall not indemnify and hold harmless the Managers in any of the circumstances identified above under which the Managers would be liable to the Company. No Member shall have any personal liability with respect to the satisfaction of any required indemnification of the Managers. 4.7 Accountability to Company. The Managers must account to the Company and hold as trustee for it any profit or benefit derived by the Managers without consent of a majority of disinterested Members from any transaction connected with the conduct or winding up of the Company. Such accountability required by this Section 4.7 shall not impede any Manager's rights to engage in independent activities as provided for in ARTICLE 15. 4.8 Related Party Transactions. The Managers may cause the Company to obtain products or services from entities controlling, controlled by, or under common control with any Manager and to pay such entities reasonable fees for such products and services. 4.9 Removal or Resignation. At a meeting called expressly for that purpose, any Manager may be removed by the unanimous vote of all the Members. A Manager shall not have the right to resign as a Manager without the consent of a Majority Interest. The removal or resignation of a Manager who is also a Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal of a Member. 4.10 Vacancies or Appointment of Managers. Any vacancy of the Manager occurring for any reason shall be filled by the affirmative vote of a Majority Interest. The appointment of Persons, who are either Members or non-Members, as successor or additional Managers shall be made by a Majority Interest. A Person who has been 8 SEA TILE 396210 v1 removed as a Manager shall be reappointed Manager only with the affirmative vote of a Majority Interest excluding such Person's Membership Interests. 4.11 Right to Rely on a Manager. Any Person dealing with the Company may rely (without duty of further inquiry) upon a certificate signed by a Manager as to the identity and authority of any Manager to act on behalf of the Company. 4.12 Banking. All Company funds shall be deposited in its name in such accounts as the Managers designate. The Managers can authorize other persons to draw checks on Company bank accounts. Each bank in which a Company account is maintained is relieved of any responsibility to inquire into the Managers' authority to deal with such funds, and absolved of all liability with respect to withdrawals from such Company accounts by any person duly authorized by the Managers. ARTICLE 5 --MEMBERS; RIGHTS AND DUTIES 5.1 Identification of Members. The names and addresses of the Members are set forth on attached Schedule C, as amended or restated. 5.2 Limitation of Liability. No Member shall be liable for satisfaction of Company obligations. Each Member's liability shall be limited to the extent provided in Section 4.5 with the term "Member'' read in place of the term "Manager." 5.3 Indemnification. The Company shall indemnify each Member for all costs, losses, liabilities and damages paid or accrued by such Member, and advance expenses incurred by such Member, in connection with the business of the Company, to the fullest extent provided or allowed by the Act. 5.4 · Member Not Agent of the Company. No Member, other than a Member acting as a Manager, shall have any powers as a Member to bind the Company in contract or otherwise, nor will the Company be liable, responsible, or accountable in damages or otherwise for any action or failure to act by the Member. The Managers are vested with all management responsibility for the Company. 5.5 Accountability to Company. Every Member shall be accountable to the Company as provided in Section 4. 7 with the term "Member" being read in place of the term "Manager." 5.6 Inspection of Records. Each Member shall have the right to inspect and to copy at such Member's expense, the records required to be maintained by the Company pursuant to Section 11.4. The inspection shall take place after reasonable request to the Managers and during ordinary business hours. 9 SEATTLE 396210 v1 5.7 No Priority and Return of Capital. Except as expressly provided in ARTICLES 8 or 9, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributions. This Section 5. 7 shall not apply to loans made by a Member to the Company. ARTICLE 6 -ADMISSION AND EXPULSION OF MEMBERS 6.1 Additional Members. To be admitted as a member, an assignee must (1) obtain the written consent of all the Members, which consent may be withheld by each Member in his or her sole and absolute discretion and (2) deliver to the Company a fully executed Joinder Agreement substantially in the form of the attached Schedule D. A Person holding a valid proxy of a Member may sign a written consent on behalf of the Member. These requirements apply to all assignees. including Permitted Transferees. Any assignee who is not admitted as a Member shall retain the status of an Assignee as defined in this Agreement 6.2 Accounting. No Member shall be entitled to any retroactive allocation of losses, income or expense deductions incurred by the Company. At the time an additional Member is admitted, the Company's books may be closed (as though the Company's tax year had ended) or pro rata allocations of loss, income and expense deductions may be made to the additional Member for that portion of the Company's tax year in which such Member was admitted in accordance with the provisions of section 706(d) of the Code. 6.3 Expulsion of Member. Any Member may be expelled from the Company on the unanimous vote of all the Members (excluding the Member who is the subject of the vote). Upon the expulsion of any Member, tha Company shall be required to pay to such Member the Fair Market value, defined in Section 12.2.a, of such Member's Membership Interest. ARTICLE 7 -MEETINGS OF MEMBERS 7.1 Annual Meeting. The annual meeting of the Members shall be held during the first six (6) monthe of each calendar year, at such time as shall be determined by the Managers. 1:2 Special Meetings. A Manager, or Members holding at least an aggregate of sixty-five percent (65%) of the Membership Interests, may call a Special meeting of the Members for any purpose. 7.3 Place of Meetings/Telephonic Meetings. The Managers may designate any place, either within or outside the State of Washington for any meeting of the Members. If no designation is made, the place of meeting shall be the principal office of the Company specified in Section 2.3. Members may participate in a meeting by means of a conference telephone or similar communication equipment through which all persons participating in JO SEATILE 3002Hh1 the meeting can hear each other at the same time, and participation by such means shall constitute presence in person at a meeting. 7.4 Notice of Meetings. The Managers or Members calling the meeting shall give to each Member written notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose for which the meeting is called. The Managers or Members shall deliver the notice as provided in Section 17.1 not less than ten (10) nor more than fifty (50) days before the date of the meeting. 7.5 Record Date. The record date for determining which Members are entitled to vote or adjourn a meeting of Members shall be the date on which any notice of meeting is delivered to a Member. The record date for determining which Members are entitled to take action without a meeting shall be the date the first Member signs a written consent. . 7.6 Quorum. A quorum shall exist if Members owning [sixty-five percent (65%)] or more of the Membership Interests are represented in person or by proxy. 7.7 Manner of Acting. If a quorum is present, the affirmative vote of Members holding more than fifty percent (50%) of the Membership Interests represented at the meeting in person or by proxy shall be the act of the Members, unless the vote of~ greater or lesser percentage is required by this Agreement or the Act. 7.8 Proxies. At all meetings of Members, a Member may vote in person or by proxy executed in writing by the Member. Such proxy shall be filed with the Manager before or at the time of the meeting. No proxy shall be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy. 7.9 Action by Members Without a Meeting. Any action which may be taken or is required by law to be taken at a meeting of Members, may be taken without a meeting of Members if (a) all the Members sign written consents specifying the actions they authorize, and (b) the written consents are delivered to the Company for inclusion in the minutes or Company records. A Person holding a valid proxy may sign a written consent on behalf of a Member. When the Company possesses all of the written consents, action so authorized may be taken. Unanimous consent shall have the same force and effect as a meeting vote of Members and may be described as such in any document filed with the Secretary of State of the State of Washington. 7.10 Waiver of Notice. When any notice is required to be given to a Member, a waiver thereof in writing signed by the Member entitled to such notice, whether before, at, or after the time stated therein, shall be equivalent to the giving of such notice. 11 SEATTLE 396210 v1 ARTICLE 8 -CONTRIBUTIONS TO THE COMPANY AND CAPITAL ACCOUNTS 8.1 Initial Capital Contributions. The initial Members shall make the Capital Contributions as set forth in attached Schedule C. 8.2 Additional Contributions. No Member will be required to make any Capital Contributions in addition to that Member's initial Capital Contribution without such Member's consent No Member may make an additional contribution without the consent of all Members. 8.3 Interest on Capital. No Member shall receive interest on such Member's Capital Contributions. 8.4 Capital Accounts. The Company shall maintain a capital account for each Member according to the regulations under section 704 of the Code. A Member's capital account initially shall be the agreed value of initial capital contributed by the Member as shown on Schedule C. Each Member's capital account shall thereafter be credited with the agreed value of any additional contributions made by the Member and the Member's share of Net Profits excluding Built-In Gains and Built-In Losses. Each Member's capital account shall be debited with the amount of cash withdrawals by, and distributions to, the Member and the Member's share of Net Losses excluding Built-In Gains and Built-In Losses. If a Member transfers Membership Interests, then the portion of the transferring Member's capital account attributable to the transferred Membership Interest shall be added to the transferee's capital account together with any increase appropriate to an election under section 754 of the Code. If there is a redemption of a Membership Interest or an additional Capital Contribution, the Managers may elect to revalue the Company's Property according to the principles of Treasury Regulation Section 1. 704-1 (b)(2}(iv)(f) and maintain the capital accounts consistent with the revaluation. 8.5 Withdrawal or Reduction of Members' Contributions to Capital. No Member shall be entitled to withdraw or demand the return of any part of such Member's Capital Contribution, except as specifically provided by ARTICLE 13. Furthermore, a Member shall not receive out of the Property any part of the Member's Capital Contribution until all liabilities of the Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains Property sufficient to pay them. ARTICLE 9 -ALLOCATIONS OF NET PROFITS AND LOSSES 9.1 Allocations Under Code Section 704(c). Built-In Gains and Built-In Losses shall be allocated to the contributing Member according to the principles of section 704(c) Of the Code. ff a Member transfers al/ or part of the Member's Interest, then a ratable 12 ~l;.6,TfLE 006210Y1 portion of the Built-in Gains or Built-in Losses otherwise allocable to the Member shall be allocated to the Transferee of the Membership Interest. 9.2 Allocation of Net Profits and Net Losses. The Company's Net Profits and Losses remaining after the allocations required by Section 9.1 shall be allocated proportionately among the Members according to their respective Membership Interests. No Member has priority over any other Member as to the Net Profits and Losses of the Company. 9.3 Transfer or Death. In the event of a Transfer of a Membership Interest, a Member's death, or the expulsion of a Member, Net Profits and Losses shall be allocated based on the number of days in the particular year during which each Member owned such Member's Membership Interest, or on any other reasonable basis consistent with applicable federal tax laws and regulations. 9.4 Authority to Vary Allocations. The Managers have the authority to vary allocations to the extent necessary to comply with federal income tax laws. ARTICLE 10 --DISTRIBUTIONS 10.1 Distributions. The Company shall make distributions to Managers or Members only as provided in this Article and as provided in ARTICLE 14 upon liquidation of the Company. 10.2 Cash Distributions. The Managers shall distribute to the Members in proportion to their respective Membership Interests the Distributable Cash on hand at the end of each calendar year. Distributable Cash includes only cash remaining after the Managers have set aside reasonable reserves of cash for working capital, expected expenditures, current and reasonably expected investment opportunities and foreseen debt service and contingencies. Cash derived from Member contributions, borrowed funds and from sale of Company Property shall not be considered Distributable Cash. If the Managers determine that the Distributable Cash to be distributed to the Members will be insufficient to enable the Members to pay income taxes attributable to their respective interests in the Company, the Managers may distribute an amount reasonably necessary (as determined by the Managers) to cover any federal, state and local taxes on the Members' allocable share of taxable Company profits. 10.3 In Kind Distributions. The Managers shall not distribute any Property in kind except upon liquidation of the Company. 10.4 Withholding; Amounts Withheld Treated as Distributions. The Managers are authorized to withhold from distributions, or with respect to allocations or payments to Members, and to pay over to the appropriate federal, state or local governmental authority any amounts required to be withheld pursuant to the Code or provisions of applicable state 13 SEA ITLE 396210 v1 or local law. All amounts withheld pursuant to the preceding sentence in connection with any distribution shall be treated as amounts distributed to such Member pursuant to this ARTICLE 10 for all purposes of this Agreement. 10.5 Limitation Upon Distributions. The Managers shall not make any distributions unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, excluding liabilities to Members on account of their contributions. ARTICLE 11 --ACCOUNTING, BOOKS, AND RECORDS 11.1 Fiscal Year End. The fiscal year end of the Company shall be December 31. 11.2 Accounting Principles. The Managers shall keep the Company's books and records and prepare its income tax returns in accordance with consistently applied accounting principles that the Managers determine are in the best interest of the Company and its Members. 11.3 Loans to Company. Members may make secured or unsecured loans to the Company. 11.4 Records and Reports. The Managers shall maintain, at the Company's principal place of business, records and accounts of all financial activities, operations and transactions of the Company. The records and accounts may be maintained in other than written form if such form is capable of conversion into written form within a reasonable time. The records shall include (i) names and address of each Member and Manager, both past and present; (ii) a copy of the Certificate of Formation and all amendments thereto; (iii) copies of all tax returns and reports, if any, for the three most recent years; (iv) the amount of cash and a description of the agreed value of the other property or services contributed by each Member (including that Member's predecessors in interest), and which each Member has agreed to contribute; (v) a copy of all the Company's LLC Agreements and amendments thereto; (vi) any financial statements of the Company for the three most recent years; and (vii) minutes of every meeting of the Members and any written consents from Members for actions taken without a meeting. The Managers shall deliver to the Secretary of State for filing annual reports which set forth information as required by the Act. 11.5 Tax Matters Manager. Paul N. Joos shall serve as Tax Matters Manager, as defined in section 6231 (a)(7) of the Code. The Tax Matters Manager may resign upon written notice to all other Members mailed by certified mail no later than thirty (30) days preceding the effective date of such resignation. The Members may remove a Tax Matters Manager and may elect a new Tax Matters Manager by affirmative vote of a Majority Interest. The Company shall indemnify and reimburse the Tax Matters Manager for expenses including legal and accounting fees, claims, liabilities, losses and damages 14 SEATTLE 396210v1 incurred in connection with any administrative or judicial proceeding with respect to the tax liability of the Members attributable to the Company. 11.6 Returns. The Managers shall cause the preparation and timely filing of all tax and information returns required to be filed by the Company pursuant to the Code and all other tax and information returns deemed necessary and required in each jurisdiction in which the Company does business. The Managers shall furnish copies of such returns to the Members within a reasonable time after the end of the Company's fiscal year. 11.7 Tax Elections. No election shall be made to exclude the Company from the application of the provisions of subchapter K of the Code or from any similar provisions of state tax laws. If a Membership Interest is transferred, a Member dies, or any Property is distributed to a Member, the Managers shall, upon the written request of any Member, elect to cause the basis of the Property to be adjusted for federal income tax purposes under sections 734, 743 and 754 of the Code. ARTICLE 12 --TRANSFERABILITY 12.1 Transfer of Membership Interest. A Member may not Transfer all or any part of the Member's Membership Interest unless (a) the Member first offers the Member's Membership Interest for sale to the other Members or the Company as provided in Section 12.2 and (b) the Member provides satisfactory evidence to the Company that such Transfer shall not violate applicable securities laws. An assignee may become a Member upon satisfaction of Section 6.1. 12.2 Offering Interest and Terms. Any Member (the ''Transferring Member'') may offer, at any time, his cir her Membership Interest to the other Members or to the Company. The Transferring Member shall delivery a written offer ( an "Offering Notice") to sell the Membership Interest (the "Offered Interest") to the other Members and the Company at the Purchase Price, defined by Section 12.2.a, and subject to the terms in Schedule B. a. Purchase Price. The purchaser shall pay in the discretion of the purchaser either i. the Fair Market Value (as defined in Section 12.2.b) of the Offered Interest, or ii. the purchase price offered by an unrelated third party purchaser, if any, specified in the Offering Notice. b. Fair Market Value. The Fair Market Value of any Offered Interest is the price, on the date the Offering Notice is delivered (the 'Valuation Date"), at which the Membership Interest being offered would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both 15 SEA TILE 396210 v1 having reasonable knowledge of all relevant facts, including, but not limited to, the fact that no Member has the power to withdraw his or her Membership interest or to cause the Company to dissolve and liquidate before the end of the term of the Company. Therefore, the Fair Market Value of any Membership Interest shall be determined under the assumption that the only distributions that will be made will be each Member's proportionate share of cash distributions of the Company and each Member's proportionate share of the Company Property when the Company terminates. 12.3 Exception for Permitted Transferees. Notwithstanding Section 12.1, a Member may Transfer a Membership Interest to or for the benefit of an existing Member or a Permitted Transferee without the necessity of offering to sell the Interest to the Company or the other Members. The Permitted Transferee may become a Member by complying with Section 6.1. 12.4 Exception for Transfers From Guardianships and Custodianships. Any Membership Interest which is held by a guardian or custodian for a minor under the laws of Washington or any other state shall be fully transferable and assignable to the minor when he or she reaches the age of termination of such guardianship or custodianship for such minor under the applicable statute without the necessity of offering to sell the Membership Interest to the Company or the other Members. The minor may become a Member by complying with Section 6.1. 12.5 Unauthorized Transfers. Any Transfer which does not conform to this ARTICLE 12 shall be null and void, provided further that, in the event of an unauthorized Transfer, the Managers shall be deemed to have received delivery of the Offering Notice on the date any Manager receives actual notice and may issue, on behalf of the Transferring Member, the Offering Notice to sell the Offered Interest to the other Members and the Company as provided by Section 12.2. ARTICLE 13 •· MEMBERS WITHDRAWAL RIGHT 13.1 Withdrawal Right No Member may withdraw from the Company prior to expiration of the term described in Section 2.5 without the consent of all of the other Members. ARTICLE 14--DISSOLUTION AND TERMINATION 14.1 Dissolution. The Company shall be dissolved upon the occurrence of any of the following events: a. expiration of the term specified in Section 2.5; or 16 SEATTLE 396210 v1 b. unanimous written consent of the Members. The Company shall continue despite an Event of Dissociation of a Member. Upon the occurrence of an Event of Dissociation of a Member (including a Member who is also a Manager), the dissociating Member (or such Member's assignee) shall have the rights of an assignee pursuant to RCW 25.15.130. No Member shall have the right to dissolve or terminate the Company for any reason other than as set forth above and each Member hereby waives any other rights that Member may have to dissolve or terminate the Company. 14.2 Distribution Upon Tennination. In the event the Company is dissolved pursuant to Section 14.1, the Company affairs shall be wound up as expeditiously as possible, the Property sold or distributed and the Company terminated. Any Member may be a purchaser of any or all of the assets. The Members shall share Net Profits and Losses during liquidation in accordance with their interests in the Company. The proceeds from liquidation of Company assets shall be applied in the following order of priority: a. To debts, liabilities and expenses of the Company, owing to creditors, including Members and Managers who are creditors, to the extent otherwise permitted by law; b. To Managers and Members in the manner provided in Section 10.2. 14.3 Allocation of Gains and Losses Upon Tennination. Any gains or losses upon disposition of the Property shall be allocated among the Managers and Members in the manner provided in Article 9. 14.4 Certificate of Cancellation. When all debts, liabilities and obligations have been paid and discharged or adequate provisions have been made therefor and all of the remaining property and assets have been distributed to the Members, the Manager shall file a certificate of cancellation. Upon filing the certificate of cancellation, the existence of the Company shall cease, except as otherwise provided in the Act. 14.5 Return of Contribution Nonrecourse to Other Members. Except as provided by law or as expressly provided in this Agreement, upon dissolution each Member shall look solely to the assets of the Company for the return of its Capital Contribution. If the property remaining after the payment or discharge of liabilities of the Company is insufficient to return the contributions of Members, no Member shall have recourse against any other Member. 14.6 Winding-Up. The winding up of the Company affairs and the liquidation and distribution of its assets shall be conducted by the Manager, who is hereby authorized to do 17 SEATTLE396210v1 any and all acts and things authorized by law in order to effect such liquidation and distribution of the Company's assets. ARTICLE 15 --INDEPENDENT ACTIVITIES OF MANAGER AND MEMBERS Any Manager or Member may engage in or possess an interest in other business ventures of every nature and description, independently or with others, including but not limited to, the ownership, financing, management, employment by, lending to or otherwise participating in businesses which are similar to the business of the Company, and neither the Company nor the Manager or Members shall have any right by virtue of this Agreement in and to such independent ventures or to the income or profits therefrom. ARTICLE 16 --POWER OF ATIORNEY · 16.1 General. Each Member names the Managers as the Member's attorney-in-fact, and gives the Managers full power and authority in the place of the Member to undertake the limited actions set forth in this Section 16.1. After the Managers establish their authority to act pursuant to ARTICLE 4, the Managers may sign, file and record, on behalf of all the Members, any document necessary to accomplish or complete the authorized acts or activities. Such documents include, but are not limited to, those which (1) relate to the refinancing of the Company's Property, (2) amend the Certificate of Formation, (3) are required by any state in which the Company is doing business, (4) are deemed advisable by the Managers, (5) are required to continue the Company, admit additional or substituted Members, or dissolve or terminate the Company or any interest in it, (6) are required to obtain or settle any loan, and (7) are required to Transfer any Property. 16.2 Power With an Interest. The power of attorney granted under this ARTICLE 16: (1) is a power coupled with an interest; (2) is a durable power of attorney and survives the Member's Incompetence; (3) may be exercised by the Managers by a facsimile signature or by listing all of the Members executing the instrument with the signature of the Managers as the attorney-in-fact for all of them; and (4) survives the assignment of the Member's interest, and empowers the Managers to act to the same extent for such successor Member. ARTICLE 17 --MISCELLANEOUS PROVISIONS 17.1 Notices. Any notice, demand, or communication required or permitted under this Agreement shall be deemed to have been duly given if delivered personally to the party to whom directed or, if mailed by registered or certified mail, postage and charges prepaid, addressed (a) if to a Member or Manager, to the Member's or Manager's address specified on attached Schedule C, and (b) if to the Company, to the address specified in Section 2.3. Any such notice shall be deemed to be given when personally delivered or, if mailed, three (3) business days after the date of mailing. A Member, the Company or the Manager may 18 SEATTLE 396210 v1 change its address for the purposes of notices hereunder by giving notice to the others specifying such changed address in the manner specified in this Section 17.1. 17.2 Waivers. The failure of any Person to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. 17.3 Amendments. This Agreement may be amended only with the unanimous consent of the Members. 17.4 Waiver of Right of Partition. The Members hereby irrevocably waive any and all right that each may have to maintain any action for partition with respect to the Property, which is now held by the Company or is hereafter acquired, or to compel any sale thereof under any law now existing or hereinafter enacted. 17.5 Rights and Remedies. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy shall not preclude or waive the right to use any or all other remedies. These rights and remedies are given in addition to any other rights, other than the right of partition, the parties may have by law, statute, ordinance or otherwise. 17.6 Severability. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 17.7 Heirs, Successors and Assigns. Each of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. 17.8 Creditors. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of the Company. 17.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 17.10 Arbitration. Any dispute or controversy arising out of this Agreement, including any claimed breach thereof, or in connection with dissolution of the Company, shall be determined and settled by arbitration pursuant to the arbitration rules of the American Arbitration Association. Any award rendered therein shall be final and binding on 19 SEATILE396210V1 all parties to such arbitration and judgment may be entered thereon in any court of competent jurisdiction. 17.11 Attorneys' Fees. In the event of a dispute between the Manager and Members, or the Members arising out of this Agreement which is arbitrated or litigated, the non-prevailing party shall pay the reasonable costs and attorneys' fees of the prevailing party, including the reasonable costs and attorneys' fees incurred in the appeal of any final or interlocutory judgment. 17.12 Reasonableness. Whenever the consent or approval of a Member is required under this Agreement, the same shall be given in a timely manner and shall not be unreasonably withheld. 17.13 Investment Representations. The Membership Interests have not been registered under the Securities Act of 1933, the Securities Act of Washington or any other state securities laws (collectively, the "Securities Acts") because the Company is issuing the Membership Interests in reliance upon the exemptions from the registration requirements of the Securities Acts, and the Company is relying upon the fact that the Membership Interests are to be held by each Member for investment. Accordingly, each Member hereby confirms that they acquired the Membership Interests for such Member's own account and not with a view to the resale or distribution thereof. Each Member acknowledges that the Membership Interests may not be offered or sold to anyone unless there is an effective registration or other qualification relating thereto under all applicable Securities Acts or unless such Member delivers to the Company an opinion of counsel, satisfactory to the Company, that such registration or other qualification is not required. The Members understand that the Company is under no obligation to register the Membership Interests or to assist any Member in complying with any exemption from registration under the Securities Acts. Executed by the undersigned Members and Managers as of the date first written above. MEMBERS: By Paul N. Joos ' 20 SEAITLE 396210v1 CHILDRENS' TRUST D SNEE M. JOOS 1990 TRUST PAUL M. JOOS 1990 TRUST . teven G. Shimizu Its Trustee 21 SEA TrLE 409163 v1 SEATrLE:396210 vOJ SCHEDULE A DESCRIPTIONS OF PROPERTIES TO BE TRANSFERRED TO JOOS FAMILY LLC STATE OF WASHINGTON ) v )ss. COUNTY OF 1--tV\':1 ) I certify that I d::, or have satisfactory evidence that PAUL N. JOOS AND DES NEE M. JOOS are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument, and that by their signatures on the instrument they executed the instrument. DATED: ~/31/1( I I STATE OF WASHINGTON ) ) ss. COUNTY OF o·,5 ) {? NOTARY PUBLIC for / ~h.e#:1State . 9f Washington, residing at ;:;yc.o UJ, {,[)/#- ' My appointment expires: !} / :).,).JD 1 r, I certify that I know or have satisfactory evidence that STEVEN G. SHIMIZU is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument, and that by his/her signature on the instrument he/she executed the instrument. DATED:_=lJ..-+] .._.11+1 q__..'6=--------~~~:::,__J.L_..6bf...LALI~~'--- / (Notary Signature] c h-e<~) o . ~ w\·. 0 o. b [Type o Print Name of Notary] NOTARY PUBLIC for the State of Washington, residing at &\\-e_Vv.{' My appointment expires: lo J~o)'fl 22 SEATTLE 396210 v1 I. Inter Vivas Transfer. SCHEDULES TRANSFER RESTRICTIONS A The Transferring Member shall give the Offering Notice to the Company and to all of the other Members. The Offering Notice shall describe the proposed Transfer, including the tenns of any proposed sale. B. The Members may exercise their right to purchase all or any part of the Offered Interest by giving notice {the "Response Notice") to the Transferring Member and to the Company within thirty (30) days after receipt of the Offering Notice. If more than one Member elects to purchase the Offered Interest, then the Members so electing shall purchase the Offered Interest in such proportions as they may agree or in absence of agreement, they shall purchase the Offered Interest pro rata in proportion to their Membership Interests. C. The Company shall give written notice (the "Company Response Notice") to the Transferring Member as to whether it will purchase the Offered Interest, to the extent not purchased by the other Members, not later than sixty (60) days after its receipt of the Offering Notice. D. The purchasers shall set a closing date not more than ninety (90) days from receipt of the Offering Notice. The purchasers shall agree upon the Purchase Price (to the extent pennitted by Section 12.2.a). E. The Transferring Member may transfer the balance of the Offered Interest not purchased by the Members or the Company but only in strict compliance with the terms established in the Offering Notice and this Agreement. The Transferring Member has one hundred twenty (120) days following the close of the sixty-day notice period to complete the transaction described in the Offering Notice. Thereafter the Transferring Member must satisfy the provisions of ARTICLE 12 to transfer the Offered Interest. 11. Tran sf er at Death. A In the case of a Transfer by reason of the death of a Member or from the estate or a trust of a deceased Member, the personal or other legal representative of the decedent may, if the estate of the deceased Member is obligated to file an estate tax return, elect to defer giving notice of the Transfer until the estate receives an estate tax closing Jetter from the Internal Revenue Service, provided that the personal representative does not attempt to Transfer the decedent's Membership Interest prior to that time. The obligation of the decedent's representative to issue an Offering Notice shall arise when the legal representative decides to Transfer the property but in no event later than the date the estate tax closing letter is received. Ill. Payment Terms. A. The Transferring Member and the purchaser or purchasers shall agree on the terms of payment of the purchase price. In absence of agreement the consideration paid shall be detennined as follows: 1. The consideration shall be cash, or certified check, and a promissory note in such respective amounts as determined by the purchaser or purchasers; provided SEATILE,3962!0 vOI TABLE OF CONTENTS ARTICLE 1 -DEFINITIONS AND INTERPRETATIONS ...................................................... 2 1.1 Definitions ......................................................................................................................... 2 1.2 Interpretation ............................. _ ...................................................................................... 5 1.3 Governing Law ................................................................................................................. 5 ARTICLE 2 -FORMATION OF COMPANY .......................................................................... 5 2.1 Name ................................................................................................................................. 5 2.2 Certificate ofFormation .................................................................................................... 5 2.3 Principal Place of Business ................................................................................................ 5 2.4 Registered Office and Registered Agent ............................................................................ 5 2.5_Term .................................................................................................................................. 5 2.6 Purposes ............................................................................................................................ 6 ARTICLE 3 -BUSINESS OF COMPANY....... . ..................................................................... 6 ARTICLE 4 -MANAGEMENT ............................................................................................... 6 4.1 Managers .......................................................................................................................... 6 4.2 Major Decisions ................................................................................................................ 7 4.3 Time. ................................................................................................................................. 7 4.4 Compensation ................................................................................................................... 7 4.5 Limitation of Liability ....................................................................................................... 8 4.6 Indemnification ................................................................................................................. 8 4. 7 Accountability to Company .............................................................................................. 8 [4.8 Related Party Transactions. OPTIONAL] ...................................................................... 8 4.9 Removal or Resignation .................................................................................................... 8 4.10 Vacancies or Appointment ofManagers .......................................................................... 8 4.11 Right to Rely on a Manager ............................................................................................ 9 4.12 Banking ........................................................................................................................... 9 ARTICLE 5 -MEMBERS; RIGHTS AND DUTIES ................................................................ 9 5.1 Identification of Members ................................................................................................. 9 5.2 Limitation of Liability ....................................................................................................... 9 5.3 Indemnification .......................................... __ ..................................................................... 9 5.4 Member Not Agent of the Company ................................................................................. 9 5.5 Accountability to Company .............................................................................................. 9 5.6 Inspection of Records ........................................................................................................ 9 5. 7 No Priority and Return of Capital ................................................................................... I 0 ARTICLE 6 -ADMISSION AND EXPULSION OF MEMBERS .......................................... I 0 6.1 Additional Members ....................................................................................................... 10 6.2 Accounting ...................................................................................................................... 10 6.3 Expulsion ofMember ...................................................................................................... 10 ARTICLE 7-MEETINGS OF MEMBERS .......................................................................... 10 7.1 Annual Meeting .............................................................................................................. 10 7.2 Special Meetings ............................................................................................................. I 0 Seattle 396210vl 7.3 Place of Meetings/Telephonic Meetings ........................................................................... 10 7.4 Notice ofMeetings ........................................................................................................... 11 7.5 Record Date .................................................................................................................... 11 7.6 Quorum .......................................................................................................................... 11 7.7 Manner of Acting ............................................................................................................ 11 7.8 Proxies ............................................................................................................................. 11 7.9 Action by Members Without a Meeting .......................................................................... 11 7.10 Waiver ofNotice ............................................................................................................ 11 ARTICLE 8 -CON1RIBUTIONS TO THE COMPANY AND CAPITAL ACCOUNTS ....... 12 8.1 Initial Capital Contributions ........................................................................................... 12 8.2 Additional Contributions ................................................................................................ 12 8.3 Interest on Capital .......................................................................................................... 12 8.4 Capital Accounts ............................................................................................................. 12 8.5 Withdrawal or Reduction of Members' Contributions to Capital ................................... 12 ARTICLE 9 -ALLOCATIONS OF NET PROFITS AND WSSES ....................................... 12 9.1 Allocations Under Code Section 704(c) ........................................................................... 12 9.2 Allocation of Net Profits and Net Losses .......................................................................... 13 9.3 Transfer or Death ............................................................................................................ 13 9.4 Authority to Vary Allocations .......................................................................................... 13 ARTICLE IO -DIS1RIBUTIONS .......................................................................................... 13 IO.I Distributions ................................................................................................................. 13 10.2 Cash Distributions ......................................................................................................... 13 10.3 In Kind Distributions .................................................................................................... 13 10.4 Withholding; Amounts Withheld Treated as Distributions ........................................... 13 10.5 Limitation Upon Distributions ...................................................................................... 14 ARTICLE 11-ACCOUNTING, BOOKS, AND RECORDS .................................................. 14 11.1 Fiscal Year End .............................................................................................................. 14 ll.2 Accounting Principles .................................................................................................... 14 ll.3 Loans to Company ........................................................................................................ 14 11.4 Records and Reports ..................................................................................................... 14 11.5 Tux Matters Manager .................................................................................................... 14 ll.6 Returns .......................................................................................................................... I 5 11. 7 Tax Elections ................................................................................................................. I 5 ARTICLE 12 -TRANSFERABll,ITY .................................................................................... 15 12.1 lransfer of Membership Interest ................................................................................... 15 12.2 Offering Interest and Terms .......................................................................................... 15 12.3 Exception for Permitted Transferees .............................................................................. 16 12.4 Exception for Transfers From Guardianships and Custodianships ............................... 16 12.5 Unauthorized lransfers ................................................................................................. 16 ARTICLE 13-MEMBERS WITHDRAWAL RIGHT ........................................................... 16 13.1 Withdrawal Right ......................................................................................................... 16 ARTICLE 14-DISSOLUTION AND TERMINATION ......................................................... 16 14.1 Dissolution ..................................................................................................................... 16 I4.2Distribution Upon Termination ..................................................................................... 17 II Seattle 395210 vl 14.3 Allocation of Gains and Losses Upon Termination ........................................................ 17 14.4 Certificate of Cancellation ............................................................................................. 17 14.5 Return of Contribution Nonrecourse to Other Members .............................................. 17 14.6 Winding-Up .................................................................................................................. 17 ARTICLE IS-INDEPENDENT ACTIVITIES OF MANAGER AND MEMBERS .............. 18 ARTICLE 16 -POWER OF ATTORNEY. . ......................................................................... 18 16.1 General ......................................................................................................................... 18 16.2 Power With an Interest ................................................................................................. 18 ARTICLE 17-MISCELLANEOUS PROVISIONS ............................................................... 18 17.1 Notices ........................................................................................................................... 18 17.2 Waivers ......................................................................................................................... 19 17.3 Amendments ................................................................................................................. 19 17.4 Waiver of Right of Partition .......................................................................................... 19 17.5 Rights and Remedies ..................................................................................................... 19 17.6 Severability ................................................................................................................... 19 17. 7 Heirs, Successors and Assigns ........................................................................................ 19 17.8 Creditors ....................................................................................................................... 19 17.9 Counterparts ................................................................................................................. 19 17.IOArbitration .................................................................................................................. 19 17.11 Attorneys' Fees ............................................................................................................ 20 17.12 Reasonableness ............................................................................................................ 20 17.13 Investment Representations ......................................................................................... 20 SCHEDULE A DESCRIPTIONS OF PROPERTIES TO BE TRANSFERRED TO JOOS FAMILYLLC ............................................................................................................................. . SCHEDULE B TRANSFER RESTRICTIONS ......................................................................... .. SCHEDULE C CAPITAL CONTRIBUTIONS ......................................................................... . SCHEDULED JOINDER AGREEMENT ............................................................................... .. SCHEDULE F SPECIALALLOCATIONS ............................................................................... . iii Scattle3952I0vl After recording return to: Gary Kirk, Esq. LANE POWELL SPEARS LUBERSKY, LLP 14 20 Fifth Avenue, Suite 4100 Seattle, WA 98101-2338 Grantor: Grantee: (Space Above for Recorder's Use) QUIT CLAThf DEED SHI1\.1IZU, Steven G., Trustee of the Desnee M. Joos Trust dated July 27, 1990 JOOS FAMILY LLC, a Washington limited liability company Abbrev. Legal Description: Lots 1, 2 and Ptn Lots 3 & 16 Scotts Terrace Vol 72 pgs 39 and40 Tax Parcel No.: 7616800010 THE GRANTOR, Steven G. Shimizu, Trustee of the Desnee M. Joos Trust dated July 27, 1990, for good and valuable consideration, conveys and quit claims to Grantee, Joos Family LLC, all of Grantor's right, title and interest in and to the following property situated in the City ofRenton, County ofKing, State ofWashington: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN. ~ DATEDthisJ.2_dayof ~ , 1998 SEATIIB#423109 I Steven G. Shimizu, Trustee of e Trust dated July 27, 1990 1 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Steven G. Shimizu, Trustee of the Desnee M. Joos Trust dated July 27, 1990, is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. , DATED: tJ.j1J)5'K ~ 0. ~ PrintNamc: c k<1\ o . S:\\\;J'l)I\ SEATIIB#423109 NOT AR y PUBLIC or the State of Washington, residing at 6e..)klfvit. My appointment expires: (o jJ-o/q 1 2 EXIITBIT A The land referred to in this commitment is situated in the State of Washington, County of King .and is described as follows: Lots I and 2, Scott's Terrace, according to the plat thereof recorded in Volume 72 of Plats, pages 39 and 40, records of King County, Washington; Also, that portion of Lots 3 and 16 of said Plat described as follows: Beginning at the Southwest comer ofLot3; Thence North along the East margin of 96th South (which is now Spring Brook Road, or Talbot Road) 62 feet; Thence Southeasterly and at right angles to a point on a line which is North 21 °30'35" East from the Northeast comer of said Lot 2; Thence South21°30'35" West 15 feet more or less to said Northeast Comer ofLot 2; Thence North 89°02' 46" West along the South lines of said Lots 3 and 16 to the Point of Beginning. Situate in the County ofKing, State of Washington. SEA111.E#423!09 3 EXHIBIT A The land referred to in this commitment is situated in the State of Washington, County of King and is described as follows: Lots I and 2, Scott's Terrace, according to the plat thereof recorded in Volume 72 of · Plats, pages 39 and 40, records of King County, Washington; Also, that portion of Lots 3 and 16 of said Plat described as follows: Beginning at the Southwest corner ofLot3; Thence North along the East margin of 96"' South (which is now Spring Brook Road, or Talbot Road) 62 feet; Thence Southeasterly and at right angles to a point on a line which is North 21°30'35" East from the Northeast corner of said Lot 2; Thence South 21°30'35" West 15 feet more or less to said Northeast Corner of Lot 2; Thence North 89°02' 46" West along the South lines of said Lots 3 and 16 to the Point of Beginning. Situate in the County of King, State of Washington. SEATILE#423109 3 that at least 15% of the total consideration shall be paid in cash or certified check. If the total consideration is less than $20,000 then the entire purchase price shall be paid in cash or certified check. 2. The promissory note shall call for payment in ten equal annual installments. The promissory note shall bear interest payable with each installment payment compounded semiannually at the applicable federal long term rate under section 1274(d) of the Code as of the date the promissory note is executed. The purchaser or purchasers may prepay the installment note with any prepayments applied to reduce the outstanding principal balance of the note. B. below: 3. The promissory note shall not be secured. Any dispute regarding Fair Market Value shall be resolved as provided 1. Each party to the dispute shall name one qualified business appraiser with an ASA designation to provide a written opinion of Fair Market Value of the interest in dispute. The appraisers shall be unrelated to and independent of the parties to the dispute. 2. If the parties cannot resolve the dispute based on the written opinions of the appraisers then the parties shall apply for arbitration of the dispute to the Seattle regional office of the American Arbitration Association ("AAA"). The parties shall provide copies of the written appraisals to the AAA which shall conduct the arbitration according to the AAA's Commercial Arbitration rules in accordance with Washington law. 3. The parties shall unanimously agree on the arbitrator, or in absence of unanimity, by vote of the Members. 4. The arbitrator shall choose one of the written opinions as Fair Market Value. The determination of Fair Market Value shall be final as between the parties to the dispute and may be enforced or preserved upon application to any court of competent jurisdiction. 5. The parties who prevail in the arbitration proceeding or in a legal proceeding to enforce or preserve the arbitration determination, including all appeals, shall be entitled to recover from the losing party(ies) all costs and expenses incurred by the prevailing parties with respect to all proceedings, including reasonable attorneys' fees. 2 SEATTLE 396210 v1 Member Paul and Desnee Joos (Community) 4011 Talbot Road S. Suite 210 Renton, WA 98055 Childrens' Trust (u/a/d July 6, 1984) Steven G. Shimizu, Trustee 1601116th N.E. Bellevue, WA 98004 Desnee M. Joos 1990 Trust Steven G. Shimizu, Trustee 4011 Talbot Road S. Suite 210 Renton, WA 98055 Paul N. Joos 1990 Trust 4011 Talbot Road S. Suite 210 Renton, WA 98055 SEAITLE:409163 vOI SCHEDULEC CAPITAL CONTRIBUTIONS Property Contributed Zll,LLC Various Surgical Center Bldg. Surgical Center Bldg. Agreed Value of Contribution $ 675,000 $1,336,645 $ 450,000 $ 450,000 $2,912.445 Membership Interest 23.176% 45.894% 15.465% 15.465% 100.00% SCHEDULED JOIN DER AGREEMENT This Agreement is made and entered into this_ day of , 199_, by and between (the "Manager'') acting on behalf of ------------ (the "Company"), and the person whose signature appears below ("New Member''). A Admission. The New Member is hereby admitted to the Company as a [Member/Manager/Member and Manager] and shall have all the rights and be subject to all the obligations of [Member/Manager/Member and Manager] under the Limited Liability Company Agreement of LLC dated and effective as of 19_ [and as amended on 19_J (the "Agreement"). · 2. Agreement to Be Bound by Agreement. The New Member acknowledges receipt of a copy of the Agreement. The New Member agrees to be bound by all the terms and conditions of the Agreement. 3. Capital Contribution. The New Member shall make a contribution to capital (if any) as shown on an amendment to Schedule C to the Agreement to the extent applicable. 4. Counterparts. This Agreement may be executed in multiple counterparts. This Agreement is executed as of the date first written above. Manager New Member By ___________ _ By~~--=E~X,.,_H:..:.:IB:..:lc..:..T~~~- SEAITLE:396210 vOl STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED: ____________ --------------- STATE OF WASHINGTON ) ) ss. COUNTY OF ) [Notary Signature] [Type or Print Name of Notary] NOTARY PUBLIC for the State of Washington, residing at _____________ _ My appointment expires: I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. DATED: ____________ --------------- 2 SEATTLE 396210 v1 [Notary Signature] [Type or Print Name of Notary] NOTARY PUBLIC for the State of Washington, residing at------- My appointment expires:. _____ _ SCHEDULE F SPECIAL ALLOCATIONS 1. Special Allocations. The following special allocations shall be made in the following order: a. Minimum gain Chargeback. Except as otherwise provided in Section 1.704-2(f) of the Regulations, notwithstanding any other provision of this Schedule F, if there is a net decrease in Partnership Minimum Gain during any Partnership year, each Member shall be specially allocated items of income and gain for such year (and, if necessary, subsequent years) in an amount equal to such Member's share of the net decrease in Partnership Minimum Gain, determined in accordance with Regulations Section 1. 704-2(g). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Sections 1. 704-2(f)(6) and 1. 704-20)(2) of the Regulations. This paragraph is intended to comply with the minimum gain chargeback requirement in Section 1.704-2(f) of the Regulations and shall be interpreted consistently therewith. b. Partner Minimum Gain Chargeback. Except as otherwise provided in Section 1.704-2(i)(4) of the Regulations, notwithstanding any other provision of this Schedule F, if there is a net decrease in Partner Nonrecourse Debt Minimum Gain attributable to a Partner Nonrecourse Debt during any year, each Member who has a share of the Partner Nonrecourse Debt Minimum Gain attributable to such Partner Nonrecourse Debt, determined in accordance with Section 1. 704-2(i)(5) of the Regulations, shall be specifically allocated items of income and gain for such year (and, if necessary, subsequent years) in an amount equal to such share Member's share of the net decrease in partner Nonrecourse Debt Minimum Gain attributable to such partner Nonrecourse Debt, determined in accordance with Regulations Section 1.704-2(i)(4). Allocations pursuant to the previous sentence shall be made in proportion to the respective amounts required to be allocated to each Member pursuant thereto. The items to be so allocated shall be determined in accordance with Sections 1.704-2(i)(4) and 1.704-20)(2) of the Regulations. This paragraph is intended to comply with the minimum gain chargeback requirement in Section 1.704(2)1)(4) of the Regulations and shall be interpreted consistently therewith. a. Qualified Income Offset. In the event any member unexpectedly receives any adjustments, allocations, or distributions described in Regulations Section 1.704- 1 (b)(2)(ii)(d)(4), Regulations Section 1.704-1 (b)(2)(ii)(d)(5), Regulations Section 1.704- 1 (b)(2)(ii){d)(6), items of income and gain shall be specially allocated to each such Member S~\c3962\0vl in an amount and manner sufficient to eliminate, to the extent required by the Regulations, the Capital Account Deficit of such Member as quickly as possible, provided that an allocation pursuant to this paragraph shall be made if and only to the extent that such Member would have Adjusted Capital Account Deficit after all other allocations provided for in this Schedule have been tentatively made as if this paragraph were not in the Schedule. b. Gross Income Allocation. In the event any Member has a deficit Capital Account at the end of any year which is in excess of the sum of (i) the amount such Member is obligated to restore (pursuant to the terms of such Unit Holder's Promissory Note or otherwise), and (ii) the amount such Member is deemed to be obligated to restore pursuant to the penultimate sentences of Regulations Sections 1. 704-2(g)(1) and 1. 704-2(i)(5), each such Member shall be specially allocated items of income and gain in the amount of such excess as quickly as possible, provided that an allocation pursuant to this paragraph shall be made if and only to the extent that such Member would have a deficit Capital Account in excess of such sum after all other allocations provided for in this Schedule F have been tentatively made as if this paragraph and the prior paragraph and hereby were not in the Schedule. c. Nonrecourse Deductions. Nonrecourse Deductions for any Fiscal Year shall be allocated to the Members in the same manner as are other profits and losses except to the extent otherwise required by Section 704(b) of the Code. d. Partner Nonrecourse Deductions. Any Partner Nonrecourse Deductions for any year shall especially allocated to the Member who bears the economic risk of loss with respect to the Partner Nonrecourse Debt to which such Partner Nonrecourse Deductions are attributable in accordance with Regulations Section 1. 704-2(i)( 1 ). 2. Tax Allocations: Code Section 704(c). In accordance with Code Section 704(c) and the Regulations thereunder, income, gain, loss, and deduction with respect to any property contributed to the capital of the Partnership shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Partnership for federal income tax purposes and its initial value. 2 Seanle3952l0vl (. '\ I JOOS FAMILY TRUST C, 3 )-2. C:, 1'-=t' ~ This DESNEE M. "trustee"} agreement is made by and between PAUL N. JOOS JOOS (the "trustors") and STEVEN G. SHIMIZU as of July ,:::J7 , 1990. and (the 1. Creation of Trust. The trustors hereby assign and deliver to the trustee the property described in the attached Exhibit A. This property, together with any property which may hereafter be transferred to the trustee, is referred to as "the {\· \•J trust estate." The trust estate shall be administered for the i'1t-1~A, purposes and on the conditions set forth below for the benefit of 1 he trustors' children, ANli!ALISA JOOS, born April 6, 1981, ZACHARY .J::f.J JOOS, born December 18, 1984, and for any children hereafter born to or adopted by the trustors. 2. Definitions. The masculine, feminine or neuter, and ·the .-·· singular or .plural, shall each be deemed to include the others whenever the context indicates. The term "trustees" refers to STEVEN G. SHIMIZU and and to any successor or successors named or selected in the manner provided for in this instrument. 3. Division into Shares. Upon creation of the trust, the trustee shall divide the trust estate into two equal shares, one share for each of the trustors' children. Each child's share shall be held, administered and distributed as a separate trust as provided in paragraph 4. Each subsequent addition to the trust estate shall be added pro rata to the shares then being administered under this instrument. 4. Distribution of Children's Trusts. Each child's trust shall be held, administered and distributed as follows: a. Following each contribution to the trust, the child shall have a noncumulative right to withdraw from the trust (including but not limited to the actual contribution) an amount equal to the lesser of i. The amount of the contribution, or ii. The amount which may be excluded for gift tax purposes under Section 2503(b) of the United States Internal Revenue Code as from time to time amended, determined as of the date of contribution; provided that if the contribution is a contribution of separate property by a married donor, then the described amount shall be doubled. In no event, however, shall the aggregate withdrawals by the child with respect to contributions made by any one donor t:G! EOT 10S.13C(!T.H;$ trusts by right of representation for the child's then living issue, and each trust shall be held, administered and distributed in the manner described in subparagraph 4.d. below. If the child has no then living issue, then the unappointed portion of the trust shall be added pro rata to the other trusts then being administered under this instrument. d. Each separate trust for a living issue of a deceased child shall be retained and administered by the trustee as follows: CGl EOT··1063'.l&JT.1'11S i. The trustee shall pay to or apply for the benefit of the beneficiary as much of the net income and principal of the trust as the trustee deems necessary for the beneficiary's proper health, education or support (or any combination of them) aftei taking into consideration other income and resources available for those purposes. In addition, the trustee may, if the trustee deems advisable, apply net income and principal of the trust for the proper health, education or support (or any combination of them) of the spouse and issue of the beneficiary after taking into consideration other income and resources available for those purposes. Any net income not distributed-shall be accumulated and added to principal. 11. Upon the later of the· beneficiary's twenty-fifth birthday and the death of the survivor of the trustors, the trustee shall distribute to the beneficiary one half (1/2) of the principal of the trust as then constituted; upon the later of the beneficiary's thirtieth birthday and the death of the survivor of the trustors, the trustee shall distribute to the beneficiary the undistributed balanc~ of the trust. If the conditions for distribution have already been satisfied when the beneficiary's separate trust is established, the trustee shall distribute to the beneficiary one half (1/2) or all of the trust, as the case may be. iii. If the beneficiary dies before becoming entitled to receive distribution of his or her . entire trust, the undistributed balance of the trust shall be distributed to or for the benefit of such of the following persons as that beneficiary may have appointed in his or her last will: his or her spouse, children, and brothers and sisters. In the absence of appointment, the property shall be distributed by right of representation to the beneficiary's then living issue or, if there are none, to the then living issue of that beneficiary's ancestor who was a child of the truster. If any 3 provide the personal representative with funds for payment of claims, taxes, adrninistrati ve expenses or other indebtedness or purposes of the estate. Any such purchases or loans shall be made upon such terms and conditions as the trustee in his discretion deems appropriate, and the trustee shall not be liable for any loss to the trust for acting in accordance with this paragraph, except to the extent (if any) it is caused by his negligence. 9. Administrative Powers of the Trustees. The trustee shall have all rights, powers and duties given by law, including but not limited to the Washington Trust Act, Chapter 11.98 of the Revised Code of Washington, which act (including any amendments hereafter enacted) is incorporated by this reference as if fully set forth herein. 10. Investments. In making investments and reinvestments of any assets of the trust estate, the trustee shall have full power to invest and reinvest the assets which comprise the trust estate without being restricted to forms of investment that trustees may otherwise be permitted by law to make. The trust investments may include, but are not limited to, real estate., life insurance on the .trustors or on any one or more of the beneficiaries, securities of every kind, puts, calls, straddles, stock options, and other opt·ions of· every kind. The trustee may incur indebtedness and enter into agreements with reference to any such indebtedness and pledge property, assets and investments of the trust to secure the same (including, without limitation, the establishment and miintenance of margin accounts with securities' dealers or brokers). The trust investments need not be diversified. 11. Provisions Reqarding Any Life Insurance. If at any tim~ any life insurance policy is part of the trust, then the following · provisions shall apply: a. The trustors relinquish any and all incidents of ownership, benefits, privileges, payments, dividends, surrender values, and options on any and all life insurance policies held in the trust. The trustors also relinquish all elections which might otherwise be available to them including but not limited to any right at any time or times during their lifetimes to (1) change any beneficiary, (2) pledge or assign any· insurance policy or its proceeds as collateral security for any loan which the trustors may obtain from any lender, including a trustee, (3) borrow any portion of the cash value of any insurance policy and (4) withdraw any policy which is an asset of the trust. b. The trustee is under no obligation to pay any premium, assessment,· or charge on any insurance policy that may be an asset of the trust. If in the trustee's sole discretion any premium payment is paid by the trust, 5 CGl ·.EOT -1C333EOT .tl IS 14. Irrevocability. This trust is irrevocable and the trustors shall have no right whatsoever to alter, amend, revoke or terminate the trust, in whole or in part. By this declaration, the trustors intend to and do hereby relinquish absolutely (1) all possession or enjoyment of, or the right to the income from, the trust, (2) all right to designate the persons who shall possess or enjoy the trust or the income from it, and (3) all power to reacquire any property of the trust by substituting other property of equivalent value. Without limiting the generality of the foregoing, the trustors expressly declare their trust income shall not be considered their income for income tax purposes and that no part of the income from or principal of this trust shall be included in the trustors' gross estates for state or federal estate tax purposes. The trustors shall have the right at any time to release, renounce or disclaim any right, power or interest which might be construed or deemed to defeat such intention, regardless of whether such construction arises by reason of interpretation, revocation or amendment of any presently existing revenue or tax law or otherwise. 15. Transactions with Trust. Anything above contained to the contray notwithstanding, no power enumerated herein or accorded to trustees generally by law shall be construed to enable any· person to purchase, exchange, or otherwise deal with or dispose of the principal or income of the trust for less than adequate consideration in money or money's worth or to borrow the principal or income of the trust, directly or indirectly, without adequate interest or security. 16. Limitation of Trustee's Powers. Notwithstanding any other provision of this instrument, no trustee shall have or exercise any power the possession of which or the exercise or release of which would render the trust income or any part thereof taxable to the trustee or would have the effect of vesting in or distributing to that trustee, his or her estate, his or her creditors, or the creditors of his or her estate any right or interest in the income of the trust. Specifically, no income of the trust may be applied in a way which would satisfy any legal obligation of a trustee acting hereunder. In no event shall a trustee or any other person exercise any power, whether granted in this instrument or by law, in other than a fiduciary capacity. 17. Resignation by Trustee. Any trustee may resign as trustee by writte~ notice to the trustors, if living, and to the current income beneficiaries. By similar written notice, any trustee may also limit, renounce, relinquish or disclaim, effective for any part or all of the time he or she serves as trustee, any one or more of his or her discretionary powers with respect to the trust whenever he or she considers such action wise because of tax or other law. 7 ( currently or in the future, would result from distributing the trust to the then income beneficiary rather than deferring such distribution until the time otherwise provided for herein, (c) the size of the trust is such as to make further continuance of the trust unwise, or (d) the best interest of the beneficiary so require (giving primary consideration to the interest of the current income beneficiary), then in any of those events the trustees may distribute the trust estate, including any undistributed income, to the current income beneficiary, such distribution to constitute a termination as to that trust. 21. Construction. This instrument, and the administration -of any trust created hereunder, shall be governed by the laws of the State of Washington. TRUSTORS: TRUSTEE: Paul N. Joos ( ) ~~ STATE OF WASHING~) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that PAUL N. JOOS is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. · NOTARY PUBLIC an state IDf Washi gton, at I /Q4)7 /[?'h,, 1fa, My appointment expires: /6 -1- 9 /" r \ Notice of Withdrawal Right TO: Paul N. Joos, Natural Guardian of Zachary Joos As trustee of a trust established by Zachary's parents for the benefit of their children and issue. I hereby notify you that I have received a contribution to the trust having a fair market value of II» $ .MO!)() I !v-Of this withdraw any amount up to $ / {)!3f>f) , amount you are entitled DD on Zachary's behalf, to To exercise his withdrawal right, you must give me a written request within thirty (30) days after receiving this notice. Please indicate your decision by checking the appropriate box and dating and signing the form below. Be sure to return the form within 30 days. l DATED: ~'-"< '7o Steven Shimizu 1601 116th N.E., Suit 11 Bellevue, Washington 98004 ***************************************************************** I elect to withdraw$ --on Zachary's behalf. Please send me a check. I acknowledge receipt of this Notice of Withdrawal Right on: ~-~----:, .. , ,c, C ·.", SJVNb ~; l ~iv CGl \RWS\1046BRWS .Jo!!S Paul N. natural Zachary of ·, ,,/ DEPARTMENT OF THI INTERNAL REVENUE OGDEN UT 84201 EASURY VICE 210 DATE OF :s NOTICE: 09-23-1998 NUMBER ·Hrs NOTICE: CP 575 B EMPLOYER IDENTIFICATION NUMBER: 91-1915928 FORM: SS-4 2916903998 B FOR ASSISTANCE CALL US AT: 442-1040 LOCAL SEATTLE 1-800-829-1040 OTHER WA OR WRITE TO THE ADDRESS SHOWN AT THE TOP LEFT. IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER CEINJ Thank you for your Form SS-4, Applicstion for Employer Identification Number CEIN). We assigned you EIN 91-1915928. This EIN will identify your business account, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. Use your complete name and EIN shown above on all federal tax forms, payments, and related correspondence. If you use any variation in your name or EIN, it may cause a delay in processing, incorrect information in your account, or cause you to be assigned more than one EIN. Based on the information shown on your Form SS-4, you must file the following forms(s) by the date we show. Form 1065 04/15/1999 If the due date has passed please complete the form and send it to us by 10-08-1998. If we don't receive the form by that date additional penalties and interest will be charged. If you weren't in business or didn't hire employees for the tax period shown, please file the form showing that you have no liability. If you need help in determining what your tax year is, you can get Publication 538, Accounting Periods and Methods, at your local IRS office. If you have any questions about the forms shown or the date they are due, you may call us at 1-800-829-1040 or write to us at the address shown above. Thank you for your cooperation. (IRS USE ONLY) 5rft 911915928 09-23-1998 JO B 2916903998 SS-4 Keep this part for your records. CP 575 B (Rev. 7-97) Return this part with any correspondence so we may identify your account. Please correct any errors in your name or address. CP 575 B 2916903998 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 09-23-1998 C l EMPLOYER IDENTIFICATION NUMBER: 91-1915928 FORM: SS-4 INTERNAL REVENUE SERVICE OGDEN UT 84201 JOOS FAMILY JOOS PAUL N 4011 TALBOT RENTON WA LLC MGR RDS STE 98055 210 ljcwtitle ·· WWW.CWTITLE.NET April 9, 2015 Joos Family LLC, a Washington limited liability company 2909 Mountain View Ave N Renton, WA 98056 Reference No.(s): Order No.: Property Address: Buyer/ Borrowers: Seller(s): 40136227-T3S 2909 Mountain View Ave N, Renton, Washington Joos Family LLC, a Washington limited liability company Patricia J. Marshall and Robert C.B. Marshall 14450 N.E. 29th Pl., #200 Bellevue, WA 98007 Phone: 425-646-3515 888-272-5773 Fax: 425-646-3517 In connection with the above referenced Order, enclosed please find the following documentation: • Owners Policy Policy No .. 834-H0-40136227 File No.: 40136227-800-TJS "1. TITLE 7 400-834-H0-40136227 \~ RESOURCES GUARANTY COMPANY HOMEOWNER'S POLICY OF TITLE INSURANCE For a one-to-four family residence Issued by Title Resources Guaranty Company OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract between You and Us. It applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If the Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four family residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately. The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed beginning on page 2 of the Policy. The Policy is limited by: • Provisions of Schedule A • Exceptions in Schedule B • Our Duty To Defend Against Legal Actions On Page 4 • Exclusions on page 4 • Conditions on pages 5 through 7. You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by someone else after You transfer Your Title. IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS ON PAGE 5. The premium for this Policy is paid once. No additional premium is owed for the Policy. This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail Your rights and obligations and Our rights and obligations. Since the Policy-and not this sheet-is the legal document, YOU SHOULD READ THE POLICY VERY CAREFULLY. If You have any questions about Your Policy, contact: TITLE RESOURCES GUARANTY COMPANY, 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251. OWNER'S COVERAGE STATEMENT COVERED RISKS OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS EXCLUSIONS CONDITIONS 1. Definitions 2. Continuation of Coverage 3. How to Make a Claim 4. Our Choices When We Learn of a Claim 5. Handling a Claim or Legal Action 6. Limitation of Our Liability 7. Transfer of Your Rights to Us Table of Contents Page 1 2&3 4 4 5 5 5 5 5&6 6 6 7 8. This Policy is the Entire Contract 9. Increased Policy Amount 10. Severability 11. Arbitration 12. Choice of Law SCHEDULE A Policy Number, Premium, Date and nme and Amount Deductible Amounts and Maximum Dollar Limits of Liability Street Address of the Land 1. Name of Insured 2. Interest in Land Covered 3. Description of the Land SCHEDULE B -EXCEPTIONS Page 7 7 7 7 8 9 As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the address shown in Section 3 of the Conditions. AL TA Homeowner's Policy ofTitle Insurance (21312010) Policy No.: 834-H0-40136227 File No.: 40136227-800-135 OWNER'S COVERAGE STATEMENT This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy. The loss must result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved residential lot on which there is located a one-to-four family residence and only when each insured named in Schedule A is a Natural Person. Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the Policy Date. Your insurance is limited by all of the following: • The Policy Amount • For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A • The Exceptions in Schedule B • Our Duty To Defend Against Legal Actions • The Exclusions on page 4 • The Conditions on pages 5 through 7. COVERED RISKS The Covered Risks are: 1. Someone else owns an interest in Your Title. 2. Someone else has rights affecting Your Title because of leases, contracts, or options. 3. Someone else claims to have rights affecting Your Title because of forgery or impersonation. 4. Someone else has an Easement on the Land. 5. Someone else has a right to limit Your use of the Land. 6. Your Trtle is defective. Some of these defects are: a. Someone else's failure to have authorized a transfer or conveyance of your Title. b. Someone else's failure to create a valid document by electronic means. c. A document upon which Your Title is based is invalid because it was not property signed, sealed, acknowledged, delivered or recorded. d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid power of attorney. e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records. f. A defective judicial or administrative proceeding. 7. Any of Covered Risks 1 through 6 occurring after the Policy Date. 8. Someone else has a lien on Your Trtle, including a: a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid; b. Mortgage; c. judgment, state or federal tax lien; d. charge by a homeowners or condominium association; or e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date. 9. Someone else has an encumbrance on Your Title. 1 O. Someone else claims to have rights affecting Your Title because of fraud, duress, incompetency or incapacity. 11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right. 12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant, condition or restriction is excepted in Schedule B. However, You are not covered for any violation that relates to: a. any obligation to perform maintenance or repair on the Land; or b. environmental protection of any kind, including hazardous or toxic conditions or substances unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists. Our liability for this Covered Risk is limited to the extent of the violation stated in that notice. 13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B. 14. The violation or enforcement of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; Polley No.: 834-H0-40136227 File No.: 40136227-800-TJS d. improvements on the Land; e. land division; or f. environmental protection, if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that notice. 15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice. 16. Because of an existing violation of a subdivision law or regulation affecting the Land: a. You are unable to obtain a building permit; b. You are required to correct or remove the violation; or c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if: a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 18. You are forced to remove or remedy Your existing stnuctures, or any part of them-other than boundary walls or fences-- because any portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar limit of Liability shown in Schedule A. 19. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar limit of Liability shown in Schedule A. 20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation. 21. You are forced to remove Your existing stnuctures because they encroach onto Your neighbor's land. If the encroaching stnuctures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your neighbor's existing stnuctures encroach onto the Land. 23. You are forced to remove Your existing structures which encroach onto an Easement or over a building set-back line, even if the Easement or building set-back line is excepted in Schedule B. 24. Your existing stnuctures are damaged because of the exercise of a right to maintain or use any Easement affecting the Land, even if the Easement is excepted in Schedule B. 25. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shnubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B. 26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title whiclh is based upon race, color, religion, sex, handicap, familial status, or national origin. 27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date. 28. Your neighbor builds any stnuctures after the Policy Date----0ther than boundary walls or fences-which encroach onto the Land. 29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. 30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal bankruptcy, state insolvency, or similar creditors' rights laws. 31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date. 32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records. AL TA Homeowners Policy of Title Insurance (2/3/2010) Policy No.: 834-H0-40136227 File No.: 40136227-800-135 OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense. We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this Policy. We can end Our duty to defend Your Title under Section 4 of the Conditions. THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B. In Witness Whereof, Title Resources Guaranty Company has caused this policy to be signed and sealed by duly authorized officers as of Date of Policy shown in Schedule A. Title R(!sources Guart:rnty Campany ., Lm,21,~ "00,'fF} f. Jib """' EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or ct. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, B.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. Policy No.: 834-H0-40136227 File No.: 40136227-800-T35 CONDITIONS 1. DEFINITIONS a. Easement -the light of someone else to use the Land for a special purpose. b. Estate Planning Entity -a legal entity or Trust established by a Natural Person for estate planning. c. Known -things about which You have actual knowledge. The words "Know" and "Knowing" have the same meaning as Known. d. Land -the land or condominium unit described in paragraph 3 of Schedule A and any improvements on the Land which are real property. e. Mortgage -a mortgage, deed of trust, trust deed or other security instrument. f. Natural Person -a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a Trust even if the trustee is not a human being. g. Policy Date -the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown in Schedule A by an instrument recorded in the Public Records later than the date and time shown in Schedule A, the Policy Date is the date and time the instrument is recorded. h. Public Records -records that give constructive notice of matters affecting Your Title, according to the state statutes where the Land is located. i. Title -the ownership of Your interest in the Land, as shown in Schedule A. j. Trust -a living trust established by a Natural Person for estate planning. k. We/Our/Us Title Resources Guaranty Company I. You/Your -the insured named in Schedule A and also those identified in Section 2.b. of these Conditions. 2. CONTINUATION OF COVERAGE a. This Policy insures You forever, even after You no longer have Your Title. You cannot assign this Policy to anyone else. b. This Policy also insures: (1) anyone who inherits Your Title because of Your death; (2) Your spouse who receives Your Title because of dissolution of Your marriage; (3) the trustee or successor trustee of a Trust or any Estate Planning Entity to whom You transfer Your Title after the Policy Date; (4) the beneficiaries of Your Trust upon Your death; or (5) anyone who receives Your Title by a transfer effective on Your death as authorized by law. c. We may assert against the insureds identified in Section 2.b. any lights and defenses that We have against any previous insured under this Policy. 3. HOW TO MAKE A CLAIM a. Prompt Notice Of Your Claim (1) As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing. (2) Send Your notice to Title Resources Guaranty Company, Attention: Claims Department, 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251. Please include the Policy number shown in Schedule A, and the county and state where the Land is located. Please enclose a copy of Your policy, if available. (3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure affects Our ability to resolve the claim or defend You. b. Proof Of Your Loss (1) We may require You to give Us a written statement signed by You describing Your loss which includes: (a) the basis of Your claim; (b) the Covered Risks which resulted in Your loss: (c) the dollar amount of Your loss: and (d) the method You used to compute the amount of Your loss. (2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers which relate to Your claim. We may make copies of these papers. (3) We may require You to answer questions about Your claim under oath. (4) If you fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the papers We request, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. 4. OUR CHOICES WHEN WE LEARN OF A CLAIM a. After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy, Our choices include one or more of the following: Policy No.: 834-H0-40136227 File No.: 40136227-800-TJS (1) Pay the claim; (2) Negotiate a settlement; (3) Bring or defend a legal action related to the claim; (4) Pay You the amount required by this Policy; (5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk, and those costs. attorneys' fees and expenses incurred up to that time which We are obligated to pay; (6) End the coverage described in Covered Risk 16, 18, 19 or 21 by paying You the amount of Your insurance then in force for the particular Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; (7) End all coverage of this Policy by paying You the Policy Amount then in force, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; (8) Take other appropriate action. b. When We choose the options in Sections 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation to defend, or continue to defend, any legal action. c. Even if We do not think that the Policy covers the claim, We may choose one or more of the options above. By doing so, We do not give up any rights. 5. HANDLING A CLAIM OR LEGAL ACTION a. You must cooperate with Us in handling any claim or legal action and give Us all relevant information. b. If You fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. c. We are required to repay You only for those settlement costs, attorneys' fees and expenses that We approve in advance. d. We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any decision to the highest level. We do not have to pay Your claim until the legal action is finally decided. e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take other appropriate action under this Policy. By doing so, We do not give up any rights. 6. LIMITATION OF OUR LIABILITY a. b, C. d. After subtracting Your Deductible Amount if it applies, We will pay no more than the least of: (1) Your actual loss; (2) Our Maximum Dollar Limit of Liability then in force for the particular Covered Risk, for claims covered only under Covered Risk 16, 18, 19 or 21; or (3) the Policy Amount then in force. and any costs, attorneys' fees and expenses that We are obligated to pay under this Policy. If We pursue Our rights under Sections 4.a.(3} and 5.e. of these Conditions and are unsuccessful in establishing the Title, as insured: (1) the Policy Amount then in force will be increased by 10% of the Policy Amount shown in Schedule A, and (2) (1} (2) You shall have the right to have the actual loss determined on either the date the claim was made by You or the date it is settled and paid. If We remove the cause of the claim with reasonable diligence after receiving notice of it, all Our obligations for the claim end, including any obligation for loss You had while We were removing the cause of the claim. Regardless of 6.c.(1} above. if You cannot use the Land because of a claim covered by this Policy: (a} (b) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay, until the ear1ier of: (i) the cause of the claim is removed; or (ii) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 16, 18, 19 or 21, that payment is the amount of Your insurance then in force for the particular Covered Risk. We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the Land, including transportation of that personal property for up to twenty-five (25) miles from the Land, and repair of any damage to that personal property because of the relocation. The amount We will pay You under this paragraph is limited to the value of the personal property before You relocate it. All payments We make under this Policy reduce the Policy Amount then in force, except for costs, attorneys' fees and expenses. All payments We make for claims which are covered only under Covered AL TA Homeowner's Policy of Title Insurance (2/31201 OJ Policy No.: 834-H0-40136227 File No.: 40136227-800-T35 Risk 16, 18, 19 or 21 also reduce Our Maximum Dollar Limit of Liability for the particular Covered Risk, except for costs, attorneys' fees and expenses. e. If We issue, or have issued, a Policy to the owner of a Mortgage that is on Your Title and We have not given You any coverage against the Mortgage, then: (1) We have the right to pay any amount due You under this Policy to the owner of the Mortgage, and any amount paid shall be treated as a payment to You under this Policy, including under Section 4.a. of these Conditions; (2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount then in force ; and (3) If Your claim is covered only under Covered Risk 16, 18, 19 or 21, any amount paid to the owner of the Mortgage shall also be subtracted from Our Maximum Dollar Limit of Liability for the particular Covered Risk. f. If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability the amount by which You reduced the value of that right. 7. TRANSFER OF YOUR RIGHTS TO US a. When We settle Your claim, We have all the rights and remedies You have against any person or property related to the claim. You must not do anything to affect these rights and remedies. When We ask, You must execute documents to evidence the transfer to Us of these rights and remedies. You must let Us use Your name in enforcing these rights and remedies. b. We will not be liable to You if We do not pursue these rights and remedies or if We do not recover any amount that might be recoverable. c. We will pay any money We collect from enforcing these rights and remedies in the following order: (1) to Us for the costs, attorneys' fees and expenses We paid to enforce these rights and remedies; (2) to You for Your loss that You have not already collected; (3) to Us for any money We paid out under this Policy on account of Your claim; and (4) to You whatever is left. d. If You have rights and remedies under contracts (such as indemnities, guaranties, bonds or other policies of insurance) to recover all or part of Your loss, then We have all of those rights and remedies, even if those contracts provide that those obligated have all of Your rights and remedies under this Policy. 8. THIS POLICY IS THE ENTIRE CONTRACT This Policy, with any endorsements, is the entire contract between You and Us. To determine the meaning of any part of this Policy, You must read the entire Policy and any endorsements. Any changes to this Policy must be agreed to in writing by Us. Any claim You make against Us must be made under this Policy and is subject to its terms. 9. INCREASED POLICY AMOUNT The Policy Amount then in force will increase by ten percent (10%) of the Policy Amount shown in Schedule A each year for the first five years following the Policy Date shown in Schedule A, up to one hundred fifty percent (150%) of the Policy Amount shown in Schedule A. The increase each year will happen on the anniversary of the Policy Date shown in Schedule A. 10. SEVERABILITY If any part of this Policy is held to be legally unenforceable, both You and We can still enforce the rest of this Policy. 11. ARBITRATION a. If permitted in the state where the Land is located, You or We may demand arbitration. b. The law used in the arbitration is the law of the state where the Land is located. c. The arbitration shall be under the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). You can get a copy of the Rules from Us. d. Except as provided in the Rules, You cannot join or consolidate Your claim or controversy with claims or controversies of other persons. e. The arbitration shall be binding on both You and Us. The arbitration shall decide any matter in dispute between You and Us. f. The arbitration award may be entered as a judgment in the proper court. 12. CHOICE OF LAW The law of the state where the Land is located shall apply to this policy. AL TA Homeowner's Policy of Title Insurance (213/2010) HOMEOWNER'S POLICY OF TITLE INSURANCE For a one-to-four family residence Issued By TITLE RESOURCES GUARANTY COMPANY SCHEDULE A Name and Address of Title Insurance Company: Policy No.: 834-H0-40136227 Premium: $3,314.00 Policy Date and Time: March 23, 2015 at 3:25 P.M. CW Title 11201 SE 8th ST, Suite 200 Bellevue, WA 98004 Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 16, 18, 19 and 21: Order Number: 40136227 Policy Amount: $2,100,000.00 Covered Risk 16: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500.00 Our Maximum Dollar Limit of Liability $10,000.00 Covered Risk 18: Covered Risk 19: Covered Risk 21: Street Address of the Land: (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2909 Mountain View Ave N, Renton, WA 98056 1. Name of Insured: Joos Family LLC, a Washington limited liability company 2. Your interest in the Land covered by this Policy is: A FEE 3. The Land referred to in this Policy is described as: See Exhibit A attached hereto and made a part hereof. AL TA Homeowner's Policy of Title Insurance (213/2010) $25,000.00 $25,000.00 $5,000.00 Page 1 Policy No.: 834-H0-40136227 EXHIBIT A LEGAL DESCRIPTION File No.: 40136227-800-135 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 10 FEET OF LOT 69; ALL OF LOTS 70, 71 AND 72; IN BLOCK "A" OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. APN 3342103953 AL TA Homeowner's Policy ofTitle Insurance (2/3/2010) Page2 Policy No.: 834-H0-40136227 File No.: 40136227-800-TJS HOMEOWNER'S POLICY OF TITLE INSURANCE For a one-to-four family residence Issued By TITLE RESOURCES GUARANTY COMPANY SCHEDULE B EXCEPTIONS In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENAL TY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2015 3342103953 BILLED PAID $16,878.29 $0.00 BALANCE $16,878.29 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENAL TY: $16,878.29. LEVY CODE: 2100 ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: TOTAL ASSESSED VALUE: $1,197,000.00 $138,000.00 $1,335,000.00 2. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF G.D. HILLMANS LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1 RECORDED UNDER RECORDING NO. 2304519. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: CITY OF RENTON, A MUNICIPAL CORPORATION SANITARY SEWER MAIN LINE AND APPURTENANCES A PORTION OF SAID PREMISES MAY22, 1972ANDJULY07, 1972 7205220482 AND 7207070497 8. MATIERS SET FORTH BY SURVEY: RECORDED: RECORDING NO.: APRIL 21, 2005 20050421900003 ALTA Homeowner's Policy ofTitle Insurance (213/2010) Page 3 Policy No.: 40136227-5-E SCHEDULE B (Continued) 9. OUR INSPECTION MADE ON JULY 16, 2014, DISCLOSED THE FOLLOWING: File No.: 40136227-800-T35 BEACH LANDSCAPING APPEARS TO STRADDLE THE SOUTH LINE OF THE REAL ESTATE UNDER SEARCH. WE FIND NO RECORDED EASEMENT FOR SAID OCCUPATION. 10. RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF LAKE WASHINGTON. 11. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 12. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 13. LOCATION OF THE LATERAL BOUNDARIES OF SECOND CLASS TIDELANDS AND SHORELANDS. 14. MATIERS SET FORTH BY SURVEY: RECORDED: MARCH 13, 2015 RECORDING NO.: 20150313900001 15. MUTUAL CONFIRMATION OF EXISTING PROPERTY RIGHTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: MARCH 19, 2015 20150319001191 AL TA Homeowner's Policy of Title Insurance (21312010) Page4 ~~~'1 ~-v~ 111 Whon recorded -m lo: OesneeM.Joos ~ Joo& Family LLC 4057Wllllam&AY8 N Ren!cn, WA 980S6 Flied for r900fd 81 the reqUMt of: @.CH~~~E 701 5th Avenue, Suite 2300 Se,!We. WA 98104 f Jlillllllllllll CU Trr!E~03]3001401 PAGf-001 OF 003 74.00 03/23/2015 15·25. . Kmc COUNTY, WA E2719870 03/23/2015 15:15 KING COUNTY, UA TAX $37,385.00 20150323001401.001 SALE $2 1 100,000.00 PACE-001 OF 001 E,cn,w No.: 0033363-0C STATUTORY WARRANTY DEED THE ORANTOR(S) Palrtci.a J. Man<hall. en unman1ed pot90n and Pelrlcla J. Marshall es Truatee of the Robert C. B. Marshall Credit Trust re, end ln cmsldore!llln of Ten And No/100 Dollara ($10.00), and-valuable cono!doration , In hand pe,ld, oonwys, and warrants to Joos Family U.C, ,e1 Waill'lingt.on limited llabl1ily company lho following -reel-... ll:Bted In the County of King, SUlle of WBVllngton: SEE EXHIBIT "A" ATTACHED HERETO AND t.lADE A PART HEREOF Abl>AIWllacl Legal: (Requlred ~fc'I -! notinsott,,d above.) S101.69, AU.OF LOTS 70, 71 & n. BLOCK 1, C.D. HIUMAN'S LK WAGON !:OEN NO 1 T8ll Partllll Number(s): 33421Q..3S53 Subject to: Excepllons Set forth on 01!ached OXhih~ end by ""8 '9fenln<e m6de a pa<l henlof es a lul!y lr.colpo1ated herein. ,,.., ' Dated: '?J/-'J.'?:,/J£" STATUTORY WARRANTY DEED (continued) ~ a;&w:~J-Hcusho.(J Patricia J, s .... o1 Wat~ h.n:i \r,. C<,WM:') of_k~-· ~- Na : J~! i:) 0~ Nolary bile In end fol: JtiO State of_-'~--- Reoldlng at ~II'<. 1,,,1- My appol-oxpirn: 6 , 'l,<J, I b Slate of l.-.f AA \°'1 r-,\ i::..-.t1 or_k:'1_. __ _ I certify that I know or have aaliltactory evidence that Pnlcla J. Mar8haU Is the petson who appearud l>Ofc"' mo, and &Ski -aclcnowledged """ h<.lolwt signed lhla lnslrumen!, on oalh S!8lod ttull helahewas outho,b:ed tn ... oute the lnstnJmentand ~ ttas Trustae ol Rol>ortC, B. Marshad Credit Trust to be1he free and VOIUntar'J act of such party for the USf;IS and purposes menl10ned In the tnstnnnent 20150323001401.002 .. T>iE SOUTH 10 FEET OF LOT 119; ALI. OF LOTS 70, 71 AND 72; EXHIBIT"A" Legal Descnptloo IN BLOCK "A" OF C.D. Hlu.MAN'S LAl<E WASHINGTON GARDEN OF EDEN AODmON TO SEATTLE HO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLAT8, PAGE 83, RECORDS OF KJNG COUNTY AUOITOR; TOGl!THER WITH ABOVE LANDS OF SECOND CLABS IN FRONT THEREOF AND BE:TWEEN LATERAL LINE$ ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COUIIT CAUSE NO. 158371. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON ..... 20150323001401.003 @ Commetclal Brokers Association 2011 ,.,._./ ALL RIGHTS RESERVEO lJK: COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT CBA Form PS_ IA Purchase & Sale Agniemeol Rev. 1/201 f Page 1 of 13 This hes besn prepared for submission to yaur attorney for review end approval prior 1o lo signing. No represental/on Is made by /icensse as to Its sufficiency or tax consequences February s, 2015 Reference Date: li'dn ua1; M, 161!1 Joos Family LLC iBuyer") agrees to buy P t I • J M hall & Patricia J. Marshall, Trustee of the Robert C.B Marshall Crecht T~t and a r cia , ars r~eller") agrees to sell, on the following terms, the commercial real estate and all Improvements thereon (collectively, the "Property") commonly known as 2909 Mountain View Ave N In the City of Renton , King County, Washington, legally described on attached Exhibit A. The Reference Date above Is intended to be used to reference this Agreement and is not the date of "Mutual Acceptance," which Is defined In Section 23. 1. PURCHASE PRICE. The purchase price is Two Million One Hundred Thousand Dollars ($2,100,000.00 l payable as follows (check only one): !f All cash at closing with no financing contingency. CJ All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CSA Form PS_FIN). CJ $ OR % of the purchase price in cash at closing with the balance of the purchase price paid as follows ( check one or both, as applicable): CJ Buyer's assumption of the outstanding principal balance as of the Closing Date of a first lien note and deed of trust (or mortgage), or real estate contract, In accordance with the Financing Addendum (attach CSA Form PS_FIN); D Buyer's delivery at closing of a promissory note for the balance of the purchase price, secured by a deed of trust ......_ .:f:, encumbering the Property, In accordance with the Financing Addendum (attach CBA Form PS_FIN ). ,..;, CJ Other __________________________ --' ~Q i:::§;A_ .,< 2. EARNEST MONEY. The earnest money In the amount of $105,000.00 shall be In the form q!. CJ Cash +- 1y \\ld_;J, Id h!IS011al d,eck CJ Promissory note (attached CBAFormEMN) .H' Olher:wi re. +ia--S'ter fo el<.w .'5@. Q~ ~ \ The earnest money shall be held by CJ Selling Firm el Closing Agent. Selling Broker may, however, C}I i' l'.,2.j 0 ,t, () transfer the earnest money to Closing Agent. .,-ti e ~~~/\ I)., BlJY..Br shall deliver the earnest money no later than: I 1 ~ ~ .;;l__ days after Mutual Acceptance. \ • . !!I 6fl \he lest day of U ,e Feaslblllly Period defir,ed IA SealleR Ii belew, CJ Other: _______ ,----------,-------------· () _ L' If the earnest money is to be held by Selling Firm and Is over $10,000, It shall be deposited to: CJ Selling X' ~l \"'D Firm's pooled trust account (with interest paid to the State Treasurer) CJ A separate Interest bearing trust account In Selling Firm's name. The Interest, if any. shall be credited at closing to Buyer. If this sale fails to I I I,; close, whoever Is entiHed to the earnest money is entitled to Interest ---~~ /;). Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance, whichever occurs later. Buyer agrees to pay financing and purchase costs Incurred by Buyer. Unless otherwise provided In this Agreement, the earnest money shall be applicable to the purchase price. 3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: ~ Exhibit A -Legal Description CJ Earnest Money Promissory Note, CBA Form EMN ,( tylNITIALS· DATE:dJ./;Dk SELLER~ DATE: '2... I 0 ~ UYE DATEJ-10 -l:( SELLER~ DATE: __ '2.._,_~,_,.,_,_/~I>~·- r c;- © Commercial Brokers AssoclaUon 2011 rn,,_,_/ ALL RIGHTS RESERVED lJK CBA Fonn PS_ 1A Purchase & Salo Agreemenl COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) D Promissory Note, LPB Form No. 28AI D Short Form Deed of Trust, LPB Form No. 20 D Deed of Trust Rider, CSA Form DTR (ti Utility Charges Addendum, CBA Form UA D FIRPTA Certification, CBA Form 22E D Assignment and Assumption, CSA Form PS-AS el Addendum/Amendment, CSA Form PSA D Back-Up Addendum, CBA Form BU-A D Vacant Land Addendum, CSA Form VLA D Financing Addendum, CBAForm PS_FIN D Tenant Estoppal Certificate, CBA Form PS_ TEC CJ Defeasance Addendum, CSA Form PS D el Other 6SB Post Closing Agreement, 17 SellerDisclosnre Rev. 1/2011 Pag&2 cf13 44 S&l:.bER'S YN9&RLYING FINA.'\4SJN6. l:lnless Bt1)e1 is assu111h19 ·aelle1 1s 011de1lyi119 H11a11ch19, Seller oholl be respo1wlble for ee"firmin§" the e)dstir1g tmde1l'ylrtg fttca11ch1g is IK>l subject to a11y "lock 01:1~' er similar ee,e1"111r1t whlel, wet:1ld pre·,·enl the ler,derls licl'I frcm l,tjng rclessed al elesiA§. I" addllleFI. Seller ehsll prstlidl!I B1:1)'8r na\iee-Jffie~AEl af 1"1e Feeelbilll)• Pefiell If Sellsr le re~~ifllil te-ettbe1it'ttte see~•ities fer the-Pr"'0pert) as cr,fleterel fer the t111de1lyh19 fina;11ch19 (k_11ow11 as 11.d&feasarce"), If Seller proviQes tl:;lls i:tetioo-ef SefeaeeRse te B~ye,. tl'ter, the parties sl1all close tl1e tf&AeeetisA iR aeeeHfaRee •Nith. tAe flFBOess efeaeri8ed '" SBA Fem, rs_e or t'UIY dlffe1ent p1owss lde£ltillec;I IR 'Seller's defeaeel'lee l'leliee to Boge,. 5. FEASIBILITY CONTINGENCY. Buyer's obligations under this Agreement are conditioned upon Buyer's satisfaction in Buyer's sole discretion, concerning all aspects of the Property, Including Its physical condition; the presence of or absence of any hazardous substances; the contracts and leases affecting the property; the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's Intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within C l'l. days (30 days if not filled in) (the "Feaslbillty Period") of Mutual Acceptance stating that this condition Is satisfied. If such notice Is timely given, the ,_\..,(.,,~ feasibility contingency stated in this Section 5 shall be deemed to be satisfied. ? / a. Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and ,,'? Its agents within __ days (2 days if not filled in) after Mutual Acceptance all documents in Seller's /'' f,s possession or control relating to the ownership, oporatiOR1 reRouatfeR er a;:.rel&JaMiAI ef If.le PFB'38ft/1 .J/ 1:2. 8"6lttdl11g ai,pl'llleels ar e!AeF elalemer.ls-ek<al~e. BFl!I iRelt1IIIF1~! stelameAls R!F FBBI estate IBHas, aeeeeemeRte, aA8 ::ttllitiee fer th,r la-et~~ee years er.~ year ts Sate; p,repe,ty fflSflsgsffleRt a§f081'RBAle BAIi BAY e!J:ler agreamaRta-w~R-!'fflfeseleRel&-er eeRe11llai,ls; lea:,es or other a§feemems ~elallRg IQ QS61lf161RGY Gf all er a psFIIS~fffll'ly BAil !I SYiia II)' 0t1lle eafalea11le ef taABRle, FBR!a, pFeflelEI rel'l!S, de13eelle el'IEI feee; ~la!ID;-iJ13eeffisatlaAe, 13sl'fl!ile, a13f'lllealleAe, !lrewlF1!18, et1F11eya, BR!J. sl1,1dlae; A'!BiRloF!eRee FB88f8S;-!1888HRlifl§-fe88ffl&-aRll-eoolt FBtJalt6 fer Ille last lhFea years BREI ygar to elate, &11d "Yc11do1 8C1:baets" oul1icl1 shell i11elt:1dc 11tuh1tc11o"ec 01 so, oice co11baets, 011d l1wtalh:1c:1ts pu~ase l:<IRIFSGIS 9r leases ef peR*>~e!'ty er flKIYree 1o1aeEl IA 81lflRee!leR ·t.i!lllhr:, Prepet'I). B~yer sl ell detemt!r,e nitl :ii, the Feeeil!ilit) PePiee. (i) ,,I ,et ;er Selle1 ,,ill earee te \er:: dr1ete 8t11) eBjeetieP18efe Vef'ieler se11tf'etete1 a"el (ii) al:etl:er Seller nm a~ree te f'a) e11) eleme{les 01 f'Cnalties 1cot1lti~r, we:., tt,c tellfliRetisR ef el3jeetler,able ¥c11do1 8011h acts. Buyer's waiver of the Feasibility Contingency shall be deemed Buyer's acceptance of all Vendor Contracts which Seller has not agreed In writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption INITIA~ DATE: dD/ s-SELLER~ DATE: ( 7'i, I t:1-\•5' · T .. _aU¥c~---1.,P.---I--DATE: O' SELLER DATE: 4:1 Commercial Brokers Asstlclatlon 2011 rTrt.1./ ALL RIGHTS RESERVED lJjl( COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) CBA Form PS_ 1A Purch11Se & Sale Agreeimenl Rev, 1/2011 Page 3 of13 and the payment of any assumption fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to Incur any out-of-pocket expenses or liability In doing so. Seller shall transfer the Vendor Contracts as provided In Section 17. b. Access. Seller shall permit Buyer and its agents, at Buyers sole expense and risk to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct Inspections concerning the Property and improvements, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's Intended use. Buyer shall schedule any entry onto the Property with Seller In advance and shall comply with Seller's reasonable requirements Including those relating to security, confidentiality, and disruption of Sellers tenants. Buyer shall not perfonn any Invasive testing including environmental Inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining the Seller's prior written consent, which shall not be unreasonably withheld. Buyer shall restore the Property and Improvements to the same condition they were In prior to inspeclion. Buyer shall be solely responsible for all costs of its Inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to Indemnify and defend Seller from all liens, costs, claims, and expenses, Including attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents. This agreement to Indemnify and defend Seller shall survive closing. Buyer may continue to enter the Property In accordance with the foregoing tenns and conditions after removal or satisfaction of the feasibility contingency only for the purpose of leasing or to satisfy conditions of financing. c. Buyer waives the right to receive a seller disclosure statement ("Form 17-Commerclar) if JCqahcd by ff.ell 64.ee. However, if Seller would otherwise be required to provide Buyer with a Form 17-Commerclal, and If the answer to any of the questions in the section of the Form 17-Commerclal entitled "Environmental" would be "yes,• then Buyer does not waive the receipt of the "Environmental" section of the Form 17-Commerclal which shall be provided by Seller 6. TITLE INSURANCE. a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Sellin!! Groker or Closlng Agent, at Seller's expense, to apply for and deliver to Buyer a Cl standard !:I extended (standard, if not completed) coverage owner's policy of title Insurance. If an extended coverage owners policy Is specified, Buyer shall pay the Increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title Insurer. The titte report shall be Issued by CW Title (a title company of Seller's choice, if not completed). If Seller previously received a preliminary commitment from a title Insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title Insurer. Otherwise, the party applying for title Insurance shall pay any title cancellation fee, in the event such a fee Is assessed. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters In the title report or any supplemental report within the earlier of: (1) twenty (20) days after Mutual Acceptance of this Agreement; or (2) the expiration of the Feasibility Period. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless Ten (10) wilRIR 11\e (S) days of Buyer's notice of such objections (1) Seller agrees, in writing, to remove all objectionable provisions or (2) Buyer notifies Seller that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer's notice of objections must be delivered within five (5) days of delivery of the supplemental report and Seller's response or Buyer's waiver must be delivered within two (2) days of Buyer's notice of objections. The closing date shall be extended to the extent necessary to INITIALS: Bl,I.Y.f! DATE: cJ.f o I:;;-SELLER ~ DATE: '2. I r, I';,- ~YER DATE:';;)--O-l.:::> SELLER~ DATE: 0 S'° C Commarctal BrokorsAssocJaUon 2011 ~•/ ALL RIGHTS RESERVED lJK" COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) CBA Form PS_1A Purc:hase & Sela Agreement Rev. 112011 Page 4 of 13 permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the "Permitted Exceptions." Seller shall cooperate with Buyer and the title company to clear objectionable title matters but shall not be required to Incur any out-of-pocket expenses or liability other than payment of monetary encumbrances not assumed by Buyer and proration of real property taxes, and Seller shall provide an owner's affidavit contalring the Information and reasonable covenants requested by the title company. The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7. CLOSING OF SALE. The sale shall be closed on 3/19/2015 ("Closing") by Chicago Title & Escrow ("Closing Agent") (Seller shall select the Closing Agent, if not completed). Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing date all instruments and monies required to complete the purchase In accordance with this Agreement "Closing" shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time Is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even though they cannot be disbursed to Seller until the next business day after Closing. Nolwlthstanding the foregoing, if Seller Informed Buyer during the Feaslblllty Period that Seller's underlying financing requires that ii be defeased and may not be paid off, then Closing shall be conducted In accordance with the three-day closing process described in CBA Form PS_D. This Agreement Is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental Instructions requested by Closing Agent provided the same are consistent with this Agreement. 8. CLOSING COSTS AND PRORATIONS. Scllet shall deliver a11 tJpdeteel 1e1:t rell te 91eeiA!J AjeAI l'let later th2R be,g (;:2) da~re bofoi:e Uu, &bRsdr 110g Cl'wsiR9 date iR u~o fe~ ra(i• 1ireil lay ie91iort li(a) and any other Information reasonably requested by Closing Agent lo allow Closing Agent to prepare a settlement statement for Closing. Seller certifiec th;t tRe iof~R=Rati9i::t &&RlaiR&8 iA n,e reAI rsll le eeffeel ae ef the 8ete submitted. Seller shall pay the premium for the owner's standard coverage tltie policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees. Any real estate excise taxes shall be paid by the party who bears primary responslblnty for payment under the applicable statute or code. Real and personal property taxes and assessments payable In the year of closing; collected rents on any existing tenancies; interest; utilities; and other operating expenses shall be pro-rated as of Closing. If te, 1a1 ,ts pay a, 11 of H 1c re, egoil 19 e,;:01 ,sos elh eetl), lt 101, 81osli ,a .0.9011t sf tall el"IIJ pto ,etc ti ,ese e:<~eRses ~eid By Selle,. Qe1yer eta.a.II ,e.r1 \e 8aller at ~lfl&iRfJ an addiHonal solli equal lo a11y utility deposits 01 1 IIOI lgage I wc1 oes fo1 assuliice• H11a11ciiig frn .ol tid, Bt:1)01 rceel oes ti ,e bc11efit a rte, 8losi119. Buyer shall pay all costs of financing lncJudlng the premium for the lender's title policy. If the Property was taxed under a deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred crassification. N.. Olosil ,~. ell I efc111dclslc de15osit8 Sf\ le:flaflslee eRell 8e · oFSellee te.SllyeF e, 610l1"'ero~F-fel'-llGJ*!Slt-i>! e trust e0oo~RI Jf-lie6l1,1ifed by atela-sF Jsesl few. Buyer shall pay any sales or use tax applicable to the transfer of personal property Included in the sale. a. Unpaid Utility Charges. Buyer and Seller D WAIVE !!I DO NOT WAIVE (do not waive If neither box checked) the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW 60.80. If "do not waive" Is checked, then attach CBA Form UA ("Utility Charges" Addendum) to this Agreement. INITIALS: s E ' DATE: dJ-f o /r.1/ SELLER ~ DATE: t.. I O I S-- DATE: J-I/) -IS SELLER ~ DATE: 1-'S" ~ Commerclal Brokers AssoclaUcn 2011 ........,, .. / ALL RIGHTS RESERVED lJ:K" COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) CBA Form PS_1A Purchase & Sala Agreemanl Rev. 1/2011 PageSgf 13 9. POST-CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to !he extent those Items were prorated or credited at Closing based upon estimates. Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buye~s option, Buyer may pay such bUI or Invoice and be reimbursed the amount paid plus Interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buye~s written demand to Seller for reimbursement until such reimbursement is made. tdotouitl1sla1idi11g Hie fo1egoiny, if le11aiils pay ce1lziii expenses based o" estimates s11tljeeHo e l'Jl!et-e!esifig-reeeMilialieR la Ille sell.tel Blf!BIIRI al lhese 9111lllfl6es, thGR !lu~~ shall be entiVed to any s,rcph,e ar2d s~all b& li'1bl; fer e~1 aFeeUt ree1:dtiA§ frien, tl:e 100011eilintio1:. Rc11ts collected fi:crn each feoaat after Closicg sbaU be applied first to RlRtalc '11 te s;io.t r:er.eRtly Wii'm sr 1d:I WRaAt for the pe,:jg,;I alter ck.lslR9, aRll t~e ba!aRG9-Gl:la!l-e&ajilfillied-fei:.the llsRafit sf Saller fer aeliRq11el'lt FeR!tlls ewe&-fef a F3eried-t*iar le eleslRg. Ttie Gl'llel:lftl&-al!l'Jlied fel"!he be11em ef Seller e!lall be l~ml!lll tl'>'el' lly Bttyer 18 S11lle,-j!,FempNy after fBeeif:ll. Se!~lml.43e-eR!iMes ta 1111F81:11H1RY-lawfl:l~eelieR ef de11A(:11!f8Rt F8Ate tntt 8~811 AB\'8 Ae rl§Rt te evlet teAafllte SJIBF Qle&IA§. . 10. OPERATIONS PRIOR TO CLOSING. Prior to Closing, Seller shall continue to operate the Property in the ordinary course of Its business and maintain the Property In the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. AJter tAe FeeefeilitJ: Pei iod, Sclle1 sl 1all 11ot ea rte1 iflte er MeeJif'., e,dstino rc:.tul as1ecrnc11hs 01 leases (exwpt tliat Selle1 111ay e11te1 liito, 111od1r9, exteild, i:aRew er ieA.iiAetts reel&et=1tiel re"tel 091ccJ11c11ls or ,esidential leamr 111 die 01dlnary course bi Its b11sioess), sendce C?R1:rar.ta, or etRsr QSF&GR-te1-1te affe9tiAg V=le Pfe13e,t; aRiefal hehe tc111.s cxtc11di11g , ,c:; bcyo11d e1wi119 ooiU tout 61st obtahli119 8uyc1 1s w11sCJ 1l, uul1icl1 sl 1trdl 11ol be u: ::case, 1abl; 1uitf 1l1cld. ~ "'\ 11. POSSESSION. Buyer shall be entitled to possession CJ on closing !!:I 4Sdaysafterclosing (on "~ ~ closing, If not completed). Bt:iyer sl=lall eecept pussessrorr subject to all teAaRsles disclosed tg EJYyer <Y l ,!~.!119 tt ,e Feasibility Pe,iod.Seller's possession after closing Is subject to attached post closing rental agreement. 12. SELLER'S REPRESENTATIONS. Except as disclosed to or known by Buyer prior to the saflsfactton or f 1) waiver of the feasibility contingency stated in Section 5 above, Including In the books, records and documents made available to Buyer, or In the titie report or any supplemental report or documents ? ?,;\ '-::5 referenced therein, Seller represents to Buyer that, to the best of Sellers actual knowledge, each of the ~ ,, following Is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the J./to/ I) Property, and to perform Its obligations under the Agreement; (b} rile boole, 1 ceu, es, lceisee, 11greeA1e11te and other Items delivered to Buyer pursuant to this Agreement comprise all material documents in Sellers possession or control regarding the operation and condition of the Property; (c) Seller has not received any written notices that the Property or the business conducted thereon violate any applicable laws, regulatfons, codes and ordinances; (d) Seller lzlets all ee11ifieetcs of occapm1ey, pcniiils, a11d 0H1e1 governmental coaserts oecettirl~ tQ ""'R aR!al epe;e1e the Pirefjeft/ fer its et:11:011t tlSo, (e) There is no pending or threatened litigation which would adversely affect the Property or Buyers ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local Improvement district; (g) Seller has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments described In Section 8 above) attributable to the / period prior to closing which, if not paid, could constitute a lien on Property (including any personal "'-y property), or for which Buyer may be held liable after Closing; (h) Seller Is not aware of any concealed , 'O '\ material defects In the Property except as disclosed to Buyer In writing during the Feasibility Period; (i) C\">: ,,,}. There are no Hazardous Substances (as defined below) currently located In, on, or under the Property In a r . , , ,<, manner or quantity that presently violates any Environmental Law (as defined below); lh11re ere fltl ~ ~ ..1,1AElBF§Fe~Flel slel'tlge ta111ts located a., !AB Pre~~ a~d there Is no pending or threatened Investigation or ·-,~~ITIALS:BOYE DATE: d.),O //~SELLER ~ DATE:#0 <;" "()-' ' --r ;\ ""S ~ B~R DATE: i;,,--. "> SELLER DATE: "2. / 0 I':,- ~\~ - <Cl Commerclal Elrokon, Association 2011 ,..,.,, 1 / ALL RIGHTS RESERVED lJj( COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) CSA Form PS 1A Pwchase & Safe Agreel'nenl Rev. 1/2011 Page 6of 13 b. lo addition to the leaves and \tender Coqtc:;ir;;:W aacrrmad J);r ari,ser p11r:stwai::1t fQ SoalleR i(a~ aQ9110, this sale Includes all right, title and interest of Seller to the following Intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests In, on, or to, any land, highway, street, road, or avenue, open or proposed, In, on, or across, In front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental penmlts, certificates, licenses, authorizations and approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties associated with the Property; all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of perfonmance received. DATE: cJ-./o/5 SELLER~ DATE: ~-lo,,s M DATE: ______ SELLER ' I -( DATE: ~1,o/1s -i-j10 j is- 0 Commercial Brokers Assoclelfon 2011 l""ff'llt/ ALL RIGHTS RESERVED lJ:SI{ COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) CBA FormPS_1A Purchase & Sale Agrnemenl Rov.1/2011 Paga 7 of 13 15. CONDEMNATION AND CASUALTY. Seller bears all risk of loss until Closing, and thereafter Buyer shall bear the risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money If Improvements on the Property are destroyed or materially damaged by casualty before Closing, or If condemnation proceedings are commenced against all or a portion of the Property before Closing. Damage will be considered material If the cost of repair exceeds the lesser of $100,000 or five percent (5%) of the purchase price stated In this Agreement. Alternatively, Buyer may elect to proceed with closing, In which case, at Closing, Seller shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 16. FIRPTA • TAX WITHHOLDING AT CLOSING. Closing Agent is Instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is s-1 Sf~i<.> (i Instructed to withhold and pay the required amount to \he Internal R1;,venue Service. 't, CONVEYANCE. Title shall be conveyed by a ~-ti!-subject only to the Permitted W ;yl' Exceptions. It tRis Atireerneill is fo1 .cor'IOe)at1ee of Sellei 'S ve11dce's ifltefetft IA a Ree:I Estele ~ Cootcad, the Stat, 1tncv VHaFfEI"~ Deee sJ:iall ifleJtJde a eontraet veAelee's asslgn1 ne, ,r sttfflele1 ,t to 1_.1 coFP1ey after acqahed tlHe . .a.t Slosii-i~. Seller 6flf.f Bt:1)er she.II enee1:1te eF18 Beli,er te SleelRff Ane"t t;~J CBi'. Fenn Mo. PS lcB lrusis1111101.t ei.d ,0,ssun.~eli .t.n•eerHeF'lt ttm,Mef'Pit:§ ell leeeee af'IEI Vefll8eF \ . :'\ Contracts ass, ,med ~, 811yec p11rs1 rant to Section 5(a) and all lRtaPglble P~Fo;t;« tr:aRafeR:VQ fi'WRil 1ai:it ~ to Section 1 <I (b). f-:i 8. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or ~ . permitted In, or related to, this Agreement (Including revocations of offers and counteroffers) must be In t., · writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and ~ · Listing Broker with a courtesy copy to any other party Identified as a recipient of notices In Section 28. ?/ ~ )/ A notice to Seller shall be deemed delivered only when received by Seller, Listing Broker, or the / licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other party Identified as a recipient of notices in Section 28. A notice to Buyer shall be deemed delivered only when received by Buyer, Selling Broker, or the licensed office of Selling Broker. Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts In order to receive prompt notification of receipt of a notice. If any party Is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party at the address, fax number, or email Indicated in Section 28. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that Is not a Saturday, Sunday or legal holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours; provided, however, that If the Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date when the county recording office is closed, then the Closing Date shall be the next regular business day. --?'"'t-7'</r-DATE: d>~!i::-SELLER~ DATE: 1.._ IO ) '-:,- -~..,__+--DATE:~~ ZQ_,(5 SELLER -f~ DATE: L )0 J5"" © Commercial Brokeni AssoclBtlon 2011 rn,,.11 / COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) 19. AGENCY DISCLOSURE. At the signing of this Agreement, Selling Broker Edward Krlgsman & Jordan Malloch represented Seller and the Listing Broker Edward Krigsman & Jordan Malloch represented Seller ALL RIGHTS RESERVED lJil{ CSA Form PS_1A Purchase & $ale Agreement Rev. 1/2011 Page8of13 Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (If any) and Selling Broker's Managing Broker (If any) represent the same party that Selling Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Broker's Branch Manager Qf any), and Listing Broker's Managing Broker (If any) represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to the Brokers' Designated Broker, Branch Manager (if any), and Managing Broker (If any) representing both parties as a dual agent. If Selling Broker and Listing Broker are the same person representing both parties, then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager (If any), and Managing Broker (if any) representing both parlles as dual agents. All parlles acknowledge receipt of the pamphlet entlUed 'The Law of Real Estate Agency." 20. ASSIGNMENT. Buyer CJ may !I may not (may not, if not completed) assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein. If the "may not" option Is selected and the words "and/or assigns" or similar words are used to Identify the Buyer, then this Agreement may be assigned with notice to Seller but without Seller's consent only to an entity which Is controlled by or under common control with the Buyer Identified in this Agreement. Any other assignment requires Seller's consent. The party Identified as the initial Buyer shall remain responsible for those obligations of Buyer stated In this Agreement notwithstanding any assignment and, If this Agreement provides for Seller to finance a portion of the purchase price, then the party Identified as the Initial Buyer shall guarantee payment of the Seller financing. 21. DEFAULT ANO ATTORNEY'S FEE. a. Buyer's default. In the event Buyer falls, without legal excuse, to complete the purchase of the Property, then (check one): el Seller may terminate this Agreement and keep the earnest money as liquidated damages as the sole and exclusive remedy available to Seller for such failure; or CJ Seller may, at its option, (a) terminate this Agreement and keep as liquidated damages the earnest money as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then ( check one): el As Buyer's sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or (b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty (60) days from the scheduled date of closing or from the date Seller has informed Buyer in writing that Seller will not proceed with closing, whichever is earlier; or CJ Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or remedies available at law or equity .• INITIALS: suvE · DATE: 8/0/; .J': sELLER ¥M DATE: ::2-Io ,s BUYER DATE: ?--Jffilb SELLER r 1' DATE: .').. ) 0 \ 5' --"-+-''-'-+--'-- ~ Commercial Brokers Association 2011 rm•/ ALL RIGHTS RESERVED lJi'{ CBA Fotm PS_1A Purcnase & Sale Agreement Rev. 1/2011 Page9of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller Institutes suit against the other concerning this Agreement, the prevailing party Is entitled to reasonable attorneys' fees and expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the court. The venue of any suit shall be the county In which the Property is located, and this Agreement shall be governed by the laws of the state where the Property is located. 22. MISCELLANEOUS PROVISIONS. a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement. b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Dellvery. Electronic delivery of documents (e.g., transmission by facslmlle or email) Including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers With original documents. d. Section 1031 Like-Kind Exchange. If either Buyer or Seller Intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate In the completion of the like-kind exchange so long as the cooperating party Incurs no additional liability In doing so, and so long as any expenses {Including attorneys fees and costs) Incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding Section 20 above, any party completing a Section 1031 like-kind exchange may assign this Agreement to Its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 02/15/2015 23. ACCEPTANCE; COUNTEROFFERS. Seller has until midnight of 898fi*-:& (if not filled In, the third business day) following the day Buyer delivers the offer to accept this offer, unless sooner withdrawn. If this offer Is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m. on the Second business day {if not filled in, the second business day) folloWing receipt lo accept the counteroffer, unless sooner Withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to the Buyer. No acceptance, offer or counteroffer from the Buyer is effective until a signed copy is received by the Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or counteroffer from the Seller Is effective until a signed copy Is received by the Buyer, the Seiling Broker or the licensed office of the Selling Broker. "Mutual Acceptance" shall occur when the last counteroffer Is signed by the offeree, and the fully-signed counteroffer has been received by the offerer, his or her broker, or the licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to and shall be effective when received by that party. 24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (1 OJ days of Seller's written request copies of all materials received from Seller and any non-privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Property In Buyer's possession or control as of the date this Agreement Is terminated. INITIALS: BU DATE; 0 /o /.s:" SELLER ~ DATE; __ ?...._l-'- 1 1 o_,_1_<;"" 1-BUYEr(/ DATE: ';;) -l.CJ...I'.:) SELLER~ DATE: :z_ IO / '{°" CCommerclel BrokersAssocleUon 2011 rrr,,._/ ALL RIGHTS RESERVED lJi{ CBA Form PS_ 1A PtRhaso & Sale Agreemenl COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) Rev. 112011 Page 10 cl 13 25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained In connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly pennlt the use of any such information in any manner detrimental to the other party. 26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions herein, and further agrees lo pay a commission in a total amount computed in accordance with the listing or commission agreement. If t11c10 Is iiO mfltc11 listi119 01 00111111Jssio11 agi:eernent. Seller a9R1cs to pay • ~9~u~ia&leF1 ef q' et the sales ,ifiee er The commission shall be apportioned between Listing Finn and Selllng Firm as specified In the listing or any co-brokerage agreement. If U1ere le 110 llellng 01 iii ille1, co brokerage a9reer:.1&Rt, t~eR blatlr=iff FiFffl eRall ftBY te Sellfr,fl Fl1111 a co111111lsslo11 of ,tor !be sales price or $ . Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to the commission. If the earnest money Is retained as liquidated damages, any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according lo the listing agreement and any co-brokerage agreement. In any action by Listing Firm or Selling Firm to enforce this Section, the prevalling party is entitled to reasonable attorneys' fees and expenses. Neither Listing Firm nor Selling Firm are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such compensation. The Property described In attached Exhibit A is o&R'IA18Felal real estate. Notwithstanding Section 25 above, the pages containing this Section, the parties' signatures and an attachment describing the Property may be recorded. 27. LISTING BROKER AND SELLING BROKER DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTiES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR BUYER'S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTliER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. INITIALS:BIJ'l'ER--;,=,..,q_--'1---DATE: ;}j t) ) :::--SELLER~ DATE: euvE/( DATE: r;;~ LCJ-6 SELLER ~ DATE: Cl Commercl11I BrokeraMaoclallon 2011 .,........,./ ALL RIGHTS RESERVED lJ:jl{" CBA Fonn PS 1A Pwchese & Sale Agreefflenl Rev. 112011 Page 11 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) 28. IDENTIFICATION OF THE PARTIES. The following Is the contact information for the parties Involved In this Agreement: Buyer Contact: Joos J,'amlly LLC Address: 4057 Williams Ave N Renton WA 98056 Business Phone: 425-277-1000 ------------ Mob ii e Phone: ...:4;;;2;;..5·...:4.:cl7'-·-'-9'-'95:.:5'----------- Fax: ---------------- Email: eyeisit@comcast.net \l·~.-c.,,:, '1. \i\A6'11'S ill~ Seller + , \e;{.__ ,>~ ·~ contact: Patricia J, Marshall 'i"1"-U 12:o'.loeA...t" ts Address: 2909 Mountain View Ave N (. ' r Renton WA 98056 ~~ Business Phone: 92-') ~ LS')-0430 C.xtA Mobile Phone; ':i L-5 -L}':\ j -D'tJ ::L "Tl'Ll.. )f Fax: ---------------- Email: _______________ _ Selling Firm Listing Firm Name: Windermere Real Estate Co. Name: Windermere Real Estate Co. Assumed Name (If applicable): Assumed Name (if applicable): _______ _ Selling Broker. Edward Krigsman & Jordan Malloch Listing Broker: Edward Krigsman & Jordan Malloch Address: Seattle WA 98105 Business Phone; ;::2.c.06:.;.S:::24=.l::;1:.:0.;:.0 _______ _ Mobile Phone: 2::..0:.:6.c:.3c::8.;..7 ,"-6-'---789"---------- Emall: e.krigsman@wlndermere.com Fax: (206) 526-7614 MLS Office No.: c.7:::18:.:lc.....-_________ _ Licensed Office of the Selllng Broker Address: 5424 Sand Point Way NE Seattle, WA 98105 Business Phone: 206.524.1100 ------------ Em a 11: sandpt@wldermere.com Fax: (206) 526,7614 CBA Office No.: 907900 ------------- Address: ______________ _ Seattle WA 98105 Business Phone: (206) 524-1100 ~~---------- Mob II e Phone: ------------- Email: JORDANM@WINDERMERE.COM Fax: (206) 526-7614 MLS Office No.:7cc.18~1 _________ _ Licensed Office of the Listing Broker Address: 5424 Sand Point Way NE Seattle, WA 98105 Business Phone: 206.S24JI00 ----'-------- Em a ii: sandpt@widermere.com Fax: (206) 526-7614 CBA Office No.: 907900 ------------ @ Commerctal Broket1 A1&ociaUon 2011 rn-a.1/ ALL RIGKTS RESERVEO lJjl( COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) EXHIBIT A* [Legal Description] THE SOUTH 10 FEET OF LOT 69; AND ALL OF LOTS 70, 71 AND 72; CSA Form PS 1A Purchase & Sale Agre8fflanl Rev. 112011 Page 13 or13 ALL IN BLOCK "A" OF C.D. ffiLLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. I, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COURT CAUSE N0.156371. SITU A TE in the CITY OF Renton, County of King, STA TE OF WASHINGTON. * To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary commitment for litie insurance or a copy of the Property's last vesting deed for this page. Do not neglect to label the substitution "Exhibit A." You should avoid transcribing the legal description because any error In transcription may render the legal description lnacourate and this Agreement unenforceable. 0 Commercial Brokers AssotlaUon 2011 _..,._. / ALL RIGHTS RESERVED \.Ji'( ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT CBAForm PSA Addendurn/Amendmenl lo PS.A Rev. 1/2011 Pege 1 of1 The following Is part of the Purchase and Sale Agreement dated February 06,2015 (the "Agreement") between Patricia J. Marshall & Patricia J. Marshall, Trustee of the Robert C.B Marshall Credit Trust("Seller") and Joos Family LLC ("Buyer") regarding the sale oflhe property known as2909Mountain View Ave N,Renton, WA 98056 (the "Property"). IT rs AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 1. Seller wlll deliver copies of any surveys in Sellers possession within one day of mutual acceptance. ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. ___ _,_ _ __...,_ ) ':t ) ,;- Fonn65B Rental Agreement -After Rev. 7/10 Page 1 of2 DELAYED POSSESSION RENTAL AGREEMENT (Seller Occupancy After Closing) ©Copyright 2010 Northwest Mutllple Listing Service ALL RIGHTS RESERVED 1 --~P-atr_i_cl_a-'J-'-._M_a_rs_h_a_n ___________ .-_____________ ('Tenant(s)") 2 Tenanl Tenant agree(s) to rent from Landlord _,.J_o,,,os,,,F_a_m_i_.ly_L_L_c ________ ="""7------------- Landford Lancllord 3 the property commonly known as 2_9_0~9= __ M_ou_n_t_al_n_V_le-'w;...A_v_e_N ______ ~R,c.en"'t.c.occ.n ________ 4 Address CilY _W,,,..,;.A~-'=98'--'0.c.5.c..6 _____ ~Ki-·n..,,g,__ _________ (the 'House") on the following terms and conditions: 5 Slale Zip County ._;t. 1. RENT. The rent shall be $ ~ 5 0 0 per week. Landlord acknowledges receipt of the first week's 6 rent. Future rents shall be payable on the -~+-,..'r~s'±-'----day of each week, one week In advance, 7 c\lmmencing on D IV' 6 '1f s~ 1 i.-0 2. POSSESSION. Tenant Is entltlea to ssession on the closing of the sale. If the sale does not close, then this 9 Agreement Is void. 10 3. TERM. This Agreement shall terminate on 05/03/15 . Upon termination, any advance rent shall be 11 pro-rated on a daily basis, and the unused portion refunded to Tenant Immediately upon Tenant's vacating the 12 House. 13 4. INSURANCE. Landlord agrees to Insure the House against fire and other normal casualties. All proceeds of any 14 such policy shall be payable to Landlord alone. Landford shall have no responsibility for Insuring anything in or on 15 the Property which belongs to Tenant. 16 5. UTILITIES. Tenant agrees to pay for all utilities, including garbage collection charges, during the term of the 17 Agreement. 18 6. IMPROVEMENTS. Tenant shall not be entitled to make any improvements or alterations to the House, including 19 painting, during the term of this Agreement, without the express written consent of Landlord. Tenant will return the 20 House to Landford In as good a condition as it presently is, ordinary wear and tear excepted. 21 SUBLETTING OR ASSIGNMENT. Tenant may not sublet the House and may not assign Tenant's rights under 22 this Agreement. 23 0 EA ous o 1th City. of Seattle, then 24 a andlord/tenant laws is attach . Tenant hereby ackno :e"iet"of-l~r umm ry. RELEASE OF REAL ESTATE FIRMS. Landlord and Tenant release all real estate firms and brokers involved 27 with this Agreement and any purchase and safe agreement between Landlord and Tenant relating to the House, 28 and agree to Indemnify all real estate firms and brokers from any and all claims arising under this Agreement. 29 i~I .. 10. ATTORNEYS' FEES. In the evant eit~er party employs an attorney to enforce any terms of this Agreement and is 30 successful, the other party agrees to pay reasonable attorneys' fees. In the event of a trial, the amount of fees 31 shall be fixed by the Court. 32 1~ ~-SMOKE DETECTOR. Tenant acknowledges and Lessor certifies that the Property is equipped with a smoke33 ' ,_ detector(s) as required by RCW 43.44.110 and that the detector(s) has/have been tested and is/are operable. It Is 34 Tenant's responslblffty to maintain the smoke detector(s) as specified by the manufacturer, including replacement35 of batteries, if required. In addition, if the Property is a multi-family building (more than one unit), Lessor makes 36 the following disclosures; 37 (a) The smoke detection device is Cl hard-wired Cl battery operated. 38 (b) The Building Cl does i!'.i does not have a fire sprinkler system. 39 (c) T does i!'.i does not h~ ~ 1r~t~~Ssystem. (?Ql,\A..i, C-:C{ '1 . 'r( ().,,L "'J, C(..lf -~ / l O ) I Dyle Tenant f Date '/6//~ Date Tenant Date Form65B Rental Agreement -After Rev. 7110 Page2of 2 DELAYED POSSESSION RENTAL AGREEMENT (Seller Occupancy After Closing) (d) Q The building has a smoking policy, as follows: iii The building does not have a smoking policy. ©Copyright 2010 Northwest Multiple Listing Service ALL RIGHTS RESERVED (e) Q The building has an emergency notification plan for occupants, a copy of which is attached to this Agreement. iii The building does not have an emergency notification plan for occupants. (I) Q The building has an emergency relocation plan for occupants, a copy of which is attached to this Agreement. iii The building does not have an emergency relocation plan for occupants. (g) Q The building has an emergency evacuation plan for occupants, a copy of which Is attached to this Agreement iii The building does not have an emergency evacuation plan for occupants. 41 42 43 44 45 46 47 48 49 50 51 52 Tenant hereby acknowledges receipt of a copy of the building's emergency evacuation routes. 53 12. LEAD-BASED PAINT. If the Property Includes housing that was built before 1978, then the Addendum entitled 54 'Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards" (NWMLS Form 22J or 55 equivalent), must be attached to this Agreement unless this lease/rental transaction is exempt from all applicable 56 federal regulations. 57 13. MOLD DISCLOSURE. Tenant acknowledges receipt of the pamphlet entitled "A Brief Gulde to Mold, Moisture, 58 and Your Home." 59 Tenant Date ·• Tenant has resided in the Property for over 40 years and accepts its condition "as-is" for rental purposes under this agreement. Pursuant to RCW 59.18.360, landlord and tenant agree to exempt themselves from the provisions of RCW 59.18.060, 59.18.100, 59.18.110, 59.18.120, 59.18.130, and 59.18.190. If Tenant fails to move out at the end of 45 days as required elsewhere herein, she agrees that Landlord may obtain a writ of resti tion for her physical eviction without further advance notice to her. On\ A / / Approved by Tenant's attorney: --1--+-----~'------- Jam . O'Donnell, WSBA # 20010 RCW 59.18.230 -Waiver of chapter provisions prohibited -Provisions prohibited from rental agreement -Distress for rent abolished -Detention of personal property for rent - Remedies. (1) Any provision of a lease or other agreement, whether oral or written, whereby any section or subsection of this chapter is waived except as provided in RCW59.18.360 and shall be deemed against public policy and shall be unenforceable. Such unenforceability shall not affect other provisions of the agreement which can be given effect without them. (2) No rental agreement may provide that the tenant: .. (a) Agrees to waive or to forgo rights or remedies under this • chapter; or (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or (c) Agrees to pay the landlord's attorneys' fees, except as authorized in this chapter; or (d) Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith; or (e) And landlord have agreed to a particular arbitrator at the time the rental agreement is entered into. ·, (3) A provision prohibited by subsection (2) of .this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by him or her to be prohibited, the tenant may recover actual damages sustained by him or her, statutory damages not to exceed five hundred dollars, costs of suit, and reasonable attorneys' fees. (4) The common law right of the landlord of distress for rent is hereby abolished for property covered by this chapter. Any provision in • a rental agreement creating a lien upon the personal property of the tenant or authorizing a distress for rent is null and void and of no force and effect. Any landlord who takes or detains the personal property of a tenant without the specific written consent of the tenant to such incident of taking or detention, and who, after written demand by the tenant for the return of his or her personal property, refuses to return the same promptly shall be liable to the tenant for the value of the property retained, actual damages, and if the refusal is intentional, may also be liable for damages of up to five hundred dollars per day but not to exceed five thousand dollars, for each day or part of a day that the tenant is deprived of his or her property. The prevailing party may recover his or her costs of suit and a reasonable attorneys' fee. In any action, including actions pursuant to chapters 7,64 or 12,28 RCW, brought by a tenant or other person to recover possession of • his or her personal property taken or detained by a landlord in -violation of this section, the court, upon motion and after notice to the opposing parties, may waive or reduce any bond requirements where it appears to be to the satisfaction of the court that the moving party is proceeding in goqd faith and has, prima facie, a meritorious claim for immediate delivery or redelivery of said property. \. [2011 C 132 § 11; 2010 C 8 § 19024; 1989 C 342 § 8; 1983 C 264 § 4; 1973 1st ex.s. c 207 § 23.] ++++++++++++++++++ RCW 59.18.360 Exemptions. A landlord and tenant may agree, in writing, to exempt themselves from the provisions of RCW 59.18. 060, 59.18.100, 59.18.110, P:.iti-, 1 -s r----}j/ ~/ u;/ r < \. \. \. . 59. 18.120, 59.18.130, and 59.18.190 if the following conditions have been met: (1) The agreement may not appear in a standard form lease or rental agreement; (2) There is no substantial inequality in the bargaining position of the two parties; (3) The exemption does not violate the public policy of this state in favor of the ensuring safe, and sanitary housing; and (4) Either the local county prosecutor's office or the consumer protection division of the attorney general's office or the attorney for the tenant has approved in writing the application for exemption as complying with subsections (1) through (3) of this section. [1973 1st ex.s. c 207 § 36.] +++++++++++++++++++++ RCW 59.18.190 Notice to tenant to remedy nonconformance. Whenever the landlord learns of a breach of RCW 59.18.130 or has accepted performance by the tenant which is at variance with the terms of the rental agreement or rules enforceable after the commencement of the tenancy, he or she may immediately give notice to the tenant to remedy the nonconformance. Said notice shall expire after sixty days unless the landlord pursues any remedy under this chapter. e Commerclal Brokers AssoclaUon 2011 rrn.J./ ALL RIGHTS RESERVED lJi'I CBA Form PS_ 1A Purchase & Sale Agreemenl Rev. 1'2011 Page 12 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) Courtesy Copy of Notices to Buyer to: Name:--------------- Address: -------------- Business Phone: ------------ Mobile Phone: ------------ Fax: Email:--------------- Courtesy Copy of Notices to Seller to: Name: James O'Donnell Address: 4800 Aurora Ave N Seattle, WA 98103 Business Phone: 2"-0'-6'---·2=:23=-·0cc2c::5.::.0 ______ _ Mobile Phone: _2.c.06c.·_71-"3'---·'-'21=:2ccl'--------- Fax: --------------- Email: Jimeo@nwllnk.com IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. ~ (jc.9&5 -F~~\'.1 Buyer Joos Family LLC Buyer Buyer __ JP~Prm::·:::ted~n~am~•~•tnd:t~ypo~or-en~U~ty~~¥:::::-,flt1Y1~::;t:.~~~~Q~dj~d.__1_~~~~ Seller Patricia J. Marshall Printed name and type of entity Seller fQ..U\,l.£;<'.g ~ ~Cl,,LShcttf Sig 1ure and title Seller 1) .1ll tnc, ~ J. M~v-t;"-o,l \ l rvtS'f ~ } P:~ and~ob~ (... ~: W\~~ ilt,i.l \ Seller ¢o;t \ Q( qS}-W M.C~fl., .-\ T f i..<:S t Slgnatu;;gd t~e ~ 4 yru 'S. ~ Date signed -~"'-'--_..I .cc'2...;:__~--'-', s=-· ----Date signed 1-J I g_/ j s::::: DATE: .J./f ofr..sELLER ~ DATE: DATE: ? ~lD,-)__> SELLER~ DATE: a:i Commercfal Brokers Assocfellon 2011 --•/ ALL RIGHTS RESERVED lJS'{ CBA Form UA Ubllly Addendum Rev. 112011 Page f of2 UTILITY CHARGES ADDENDUM The following Is part of the Purchase and Sale Agreement dated February 06, 2015 between Patricia J, Manhall & Patricia J. Marshall, Trustee of the Robert C.B Marshall Credit Trust ("Seller") ("Buyer") (the "Property"). and Joos Family LLC concerning 2909 Mountain View Ave N, Renton, WA 98056 Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges affecting the Property. The names and addresses of all utilities providing service to the Property and having lien rights are as follows: Water District: Name Address City, State, Zip Sewer District: Name Address City, State, Zip Irrigation District: Name Address City, State, Zip Garbage: Name Address City, State, Zip Electricity: Name Address Utility Billing Renton City Hall R:e1 ,to,, '"VA. 96051 1.800 .430 .6852 Utility Billing Renton City Hall Renton 111(11, 9S057 1.800 .430.6852 Utility Billing Renton City Hall Renton WA. 96057 1.800.430.6852 Puget Sound Energy 1.888.225.5773 Gas: Special Distrlct(s): (local Improvement districts or utility local Improvement) UTILITY CHARGES ADDENDUM (CONTINUED) Name Address City, State, Zip Name Address City, State, Zip OCommerdal BrokeraAssoclaUon 2011 rn,./ ALL RIGHTS RESERVED l.J:S'{ CBA FormUA UtllJly Addendum Rev.1/2011 Page,2of2 IF THE ABOVE INFORMATION HAS NOT BEEN FILLED IN AT THE TIME OF MUTUAL ACCEPTANCE OF THIS AGREEMENT, THEN (1) WITHIN DAVS ($ DAYS IF NOT FILLED IN) OF MUTUAL ACCEPTANCE OF THIS AGREEMENT, SELLER SHALL PROVIDE THE LISTING BROKER, SEWNO BROKEf("oiic[oslNO AGENT WITH THE NAMES AND ADDRESSES OF ALL UTn.lTY PROVIDERS HAVING LIEN RIGHTS AFFECTING THE PROPERTY AND (2) BUYER AND SELLER AUTHOME LISTING BROKER, SEWNG BROKER OR CLOSING AGENT TO INSERT INTO THIS ADDENDUM THE NAMES AND ADDRESSES OF THE UTILITY PROVIDERS IDBITIFIEO BY SEU.ER. SEUER ACKNOWLEDGES THAT THIS ADDENDUM DOES NOT RELIEVE S8.LER OF ITS OBLIGATION TO PAY l/TlUTY CHARGES. BILLED OR UNBILLED OR EVIDENCED BY A RECORDED LIEN OR NOT. THE PARTIES UNDERSTAND THAT NErTHER LISTING BROKER NOR sauNG BROKER IS RESPONSIBLE FOR PAYING UTIUTY CHARGES OR FOR INSURING THAT THEY ARE PAID BY ANY OTHER PERSON. DATE: ,J-~O/(< SELLER~ DATE: DATE: , ,-[c;;,,..j::,. SELLER ¥ DATE: "2--Io I S- 2 10 1$' Form 17 Seller Disclosure Statement Rev. e112 SELLER DISCLOSURE STATEMENT t Page 1 of 5 IMPROVED PROPERTY CCopynght 2012 Northweot Muttlpte LlsHng Service ALL RIGHTS RESERVED SELLER: Patricia J. Marshall and Patricia J. Marshall, Trustee of the Robert C.B. Marshall Credit Trust f To be used in transfers of improved residentral real property, including residential dwelHngs up to four units, new construcUon, condominiums 2 not subject to a public offering statement,. certain timeshares, and manufactured and mobile homes. See RCW Chapter 64.06 end Section 3 43.22.432 for further explanations. 4 INsmuCTIONS TO THE SELLER 5 Please complete the following fom,. Do not leave any spaces blank. If the question clearly does not apply to tho property write "NA." If the 6 answer is "yes" to any asterisked (•} itom(s), please explain on attached sheets. Please refer to the line numbor(s} of the quostlon(s} when you 7 provide your explanatlon(s). For your prot"tion you must date and initial each page of this disclosure statement and each attachment. Delivery 8 of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, ofter mutual acceptance of a written 9 purchase and sale agreement between Buyer and Seller. I 0 NOTICE TO THE BUYER II THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT 12 2909 Mountain View Ave N ---=-------------------------=c-------------------' 13 CITY Renton .COUNTY King ("THBPROPERTY"}l4 ORAS LEGALLY DESCRIBED ON TiiE ATTACHED EXHIBIT A. SELLER MAKES TIIB FOLLOWING DISCLOSURES OF EXISTING IS MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF TiiE PROPERTY AT 16 THE TIME SELLER COMPLETES TIUS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTIIERWISE AGREE IN 17 WRITING, YOU HAVE THREE (3) BUSINESS DAYS FROM TIIE DAY SELLER OR SELLER'S AGENT DELIVERS TIIIS 18 DISCLOSURE STATEMENT TO YOU TO RESCIND TIIB AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRI'ITEN 19 STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED 20 DISCLOSURE STATEMENT, THEN YOU MAY WAlVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER 21 INTO A PURCHASE AND SALE AGREEMENT. 22 THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE 23 LICENSEE OR OTHER PARTY. 1li!S INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BB A PART OF 24 ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. 25 FOR A MORE COMPREHENSIVE EXAMINATION OF TIIE SPECIFIC CONDmON OF THIS PROPERTY YOU ARB ADVISED TO 26 OBTAIN AND PAY FOR TIIB SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITllOUT 27 LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELEClRICIANS, ROOFERS, BUILDING INSPECTORS, ON· 28 SITI! WASTEWATER TREATMENT JNSPECTORS, OR STRUCTURAL PEST INSPECTORS. TIIE PROSPECTIVE BUYER AND SELLER 29 MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRJATE30 PROVISJO}IS IN A CONTRACT BETWEEN THEM Willi RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. 31 Soller w{..t O Is not occupying the property. 32 L SELLER'S DISCLOSURES: 33 • Jfyou answer "Yes" to a question with an asterisk("'), please explain your answer e.nd attach documents, [favaiJoble nnd not otherwise 34 publicly recorded. Ifneces;'Sty, uso an attached sheet. 35 YES I. TITLE A. Do you have legal aulhority to soil the property'/ If no, pleose explain ............................................................ 0 •B. Is title to the property subject to any of the following? ------ffif;;:.:::==== =:::~~~====:~ •c. Arc there any encroachments, boundary 11grccmct1l!l. oi:,-tftlnndsry disputes? .................................................... Cl •D. Is there a privarc road or casement ngrccmcn!.JO~cs:. to the propcny? ......................................................... 0 •E. Are there any rights-of-way, eosc111~n · 6cccss limitations that may affect the Buyer's use of the property? ..... . .................................................................................................................... 0 *F. Are there any written ogre nls for joint maintenance of an easement or right-of-way? ................................ 0 *G. Is there any study,_J.l.l ,:.y project, or notice tha1 would adversely affect the property? .................................... Q •H. Are there anY. pctfding or existing assessments against the property? ................................................................ CJ •J. Are the ny zoning violations, nonconfonning uses, or any unusual .restrictions on the rly that would affect future construction or remodeling? ......................................................................... Cl Is there a boundary survey for the property'/ ..................................................................................................... 0 •K. Are there any covenants, conditions, or reslrictions recorded ageinst the property? ......................................... Q NO 0 0 0 Cl 0 Cl 0 0 0 0 0 D Cl Cl DON'T KNOW 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 PLEASE NOTE: Covenants, conditions, and restrictions which purport to forbid or restrict the conveyonce, encumbrance, occupancy, or SS lease of reaJ property to individuals based on race, creed, color, sex, national origin, familial status, or disability are void, unenforceable, and 56 illegal. RCW 49.60.224. 57 SELLER'S INITIALS: ~ t{ ___ Date: ~/S" SELLER'S INITJALS!.-1: H Date:~ { 5. Q 1 \A..Sk_.q_, Form 17 Seller Disclosure Statement Rev. 06/12 SELLER DISCLOSURE STATE111i;;NT IMPROVED PROPERTY (Continued) @Copyright 2012 Northwest Multiple Listing Service ALL RIGHTS RESERVED Page 2 of 5 YES 2. WATER 3. A. Household Water (I) The souree of water for tho property is: CJ Private or publicly owned water system CJ Private well serving only the subject property •CJ Other water system *lfsharcd, are there any wrfttcn agreements? ........................................................................................... 0 •(2) Is there an casement (recorded or unrecorded) for acc:ess to and/or maintenance of the water source? .................................................................................................................... • .•.....•.. CJ •(3) An: there any problems or repairs needed? .......................................................................... . ................. CJ (4) During your ownership, has the source provided an adequete year-round supply of potable water? .............................•....... ................... .... ......................................... . ............................... CJ If no, pJcasc explain: '(5) An: there any water tr-ea""tm_en_t_sy-st'"'em-s-:fo:-r-t7h_e_p_ro_p-erty-c7:-..• -•• -•.. -.. -... -•. -.. -.•. -.. -.. -:; ... "' .• "" ... -.. -•. -•.. -.. -... -.. -.• -.•. -.. -.................. CJ If yes, are they: CJ Leased a Owned '(6) An: there any water rights for the property associated with its do csllc water supply, such as a water right permit, certlflcete, or claim? ................ .. ................................................................ CJ (a) lfycs, has the water right permit, certificate, or clni con aaslgnod, transferred, or changed? ....................................................... . ............................................................................. a •(b) lfyes, has all or any portion of the water rig 11ot been used for five or more succ::esslvc years? ............................................................................................................................ CJ '(1) An: there any defects in the operation of ti wn1er system (e.g. pipes, tank, pump, cto.)? Cl B. Irrigation Water (I) Are there any Irrigation water righ · or the property, such as a water right penni~ ceniflcate, or claim? ................ . .............................................................................................................. Cl '(a) lfycs, has all or any po on of the water right not been used for five or more successive years? .. . ......................................................................................................................... a •(b) If so, is the certl nte avallnble? (lfyes, please attach a copy.) ........................................................ CJ •(c) Ifso, has the tor right pennit, certificate, or claim been assigned, tmnsll:rre r changed? .................................................................................................................... a •(2) Does the p •rty receive irrigation water from a ditch company, Irrigation dlstric~ or other entity? ....... Cl Jfso, pl . identify the entity that supplies water to the property: C. Outdon prlnkler System (!) s there an outdoor sprinkler system for the property? .............................................................................. CJ • If yes, arc there any defects in the system? ............................................................................................... 0 •()) Jfycs, is the sprinkler system connected to irrigation water? .................................................................... CJ SEWER/ON-SITE SEWAGE SYSTEM NO DON'T 58 KNOW 59 60 61 62 o a 63 64 Q CJ 65 o a 66 67 o a 68 Q 0 Q 0 Cl Cl Cl Cl 0 Cl a CJ CJ 69 a 10 71 72 CJ 73 74 Cl 15 76 Cl 11 Cl 78 79 80 CJ 81 82 a 83 Cl 84 85 CJ 86 Cl 87 88 89 90 CJ 91 Cl 92 CJ 93 /1... The property Is served by: 0 Public sewer system O On-site sewage system (including pipe~ tanks, drainfields, and all other cum ~) 94 95 96 97 98 99 CJ Other disposal system Please describe: _________ _ B. Jfpublic sewer system service is ava11able to the property, is the house •c. connected to the sewer main? ........................................................................... . ............................................ CJ lfno, please explain:------···---·----~···~··--------.,----,..L.-,----- Is the property subject to any sewage system fees or charges in a;l{t' um to those covered in your regularly bHled sewer or on-site sewage system mn' tt'nnncc service? ................................................. CJ D. If the property is connected to an on-site sewage sysrc . "'(1) Wes a permit Issued for its construction, nm us it approved by the Jocal health (2) *(3) (4) department or district fbllowing Its con. 1ction? ...................................................................................... CJ When was it last pumped? _"7.r-:---::-:--·-:-:----,---;:--------- Arc there any defecl"i in the ·rnlion of the on-site sewage system? ........................................................ Q When wa., it last inspc · d'! .. ---·-·-----···-· By whom:_ _ _______________ _ (S) For how y bedrooms was the on-site sewage system approved?_ .. ____ bedrooms CJ Cl Cl CJ Cl 100 IOI 102 Cl 103 104 105 CJ 106 107 a 10s Cl 109 110 Cl 111 SELLER'S INITIALS: Lct.-~---Date: _ ' /-t \_/-/5:_ SELLER'S INJTIALS: .!..f ti __ Date: _\_l~J5:._ 1, ~.fl~ Form 17 Seller Disclosure Statement Rev. 06/12 Page 3 of 5 SELLER DISCLOSURE STATEMENT IMPROVED PROPERTY (Continued) ©Copyright 2012 Northwest Multiple Listing Service ALL RIGHTS RESERVED YES NO DON'T 112 E. Are all plumbing fixtures, including laundry drain, connected to the KNOW 113 ;;::~l:~~·;~7~:~ system? ....................................................... ;;------:...-..............................•......... CJ Cl Cl : :~ *F. Have there been any changes or repafrs lo the on-si~~stcm? ............................................................ Cl O O 1 l 6 G. ~i!~fno::~:::::f:ss!;~~~'pi:::in~.~~'--~~~.~~~~.~~'.:~: .......................................... , .................. O O Cl !!~ lfno, please explain: 119 *H. Does the on-sites c system require monitoring and maintenance services more 120 frequcnll once a yeor? ............................................................................................................................. Cl D Cl 121 NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE IS BEING COMPLETED FOR NEW CONSTRUCTION 122 WHICH HAS NEVER BEEN OCCUPIED, SELLER IS NOT REQUIRED TO COMPLETE THE QUESTIONS LISTED IN ITEM 4 123 (STRUCTURAL) OR ITEM 5 (SYSTEMS AND FIXTURES). 124 4, STRUCTURAL • A. Has the roof leaked within the last 5 years? ....................................................................................................... Cl •B. Has the basement flooded or leaked? ................................................................................................................ Cl +c. Have there been any conversions1 additions or remodeling? ........................................................................... . *(l) If yes, wore all building permits obtained? ........................................................................................... .. Cl •(2) If yes, were alt final inspections obtained? ............................................................................................ Cl D. Do you know the age of the house? ................................................................................................................ Cl lfyes, year of original construction: ------------- •B. Has there been any settling, slippage, or sliding ofthe property or its improvements? ......... .. ....................... Cl •F. Are there any defects with the following: (If yes, please check appllceble Items and exp! n.) ........................ Cl Cl Foundations Cl Decks Cl Exterior Walls Cl Chimneys Cl Interior Walls Cl Fire Alarms Cl Doors Cl Windows Cl Patio Cl Ceilings Cl Slab Floors CJ Drive, s Cl Pools Cl Hot Tub Cl Sidewalks Cl Outbuildings Cl Garage Floors Cl Walkways Cl Siding Cl Other ______ .,._ __________ _ •G. Was a structural pest or "whole house" inspection done? ................................................................................ D Ifycs, when and by whom was the inspection complelc . H. During your ownership, has the property had any ood destroying organism or pest infestation? ................... Cl I. Is the attic ln:i.-ulated'! ........................................................................................................................................ CJ J. ls the basement insulated? .............................................................................................................................. CJ 5. SYSTEMS AND FIXTURES *A If any of the foJlowlng systems or fii.cl ~ arc included with the transfer, are there any defects? lfycs, please explain;-----,<'------------------- Electrical system, including wlr g. switches, outlets, and service .................................................................... D Plumbing system, including · es. faucets, fixtures, and toilets ........................................................................ CJ Hot water tank ................................................................................................................................................. Cl Garbage disposal .............................................................................................................................................. Cl Appliances ........................................................................................................................................................ Cl Sump pump ...................................................................................................................................................... Cl Heating and cool 11 syslctn!i-............................................................................................................................. CJ Security syslcn Ov.rned CJ Leased ................................................................................................................ D Other ............ Cl *O. If any of1 c following fixtures or property is included with the transfert are they leased? (lfyes, 1 cosc attach copy of lease.) Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Cl Security System ----·-------------------............. Cl lJ Cl Tanks (type):------------- Satellite dish Other: ............. Cl Cl Cl ............. Cl Cl Cl ---------............. Cl Cl Cl SELLER'S INITIALS: Rf}H Date: ... \.J~JL SELLER'SINlTJALS: _&__tl _ Date: _I )..li) /~. -rfv.. .,,,r ,v,__ 125 126 127 128 129 130 13] 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 IS5 IS6 157 158 IS9 160 161 162 163 164 165 166 Form 17 SELLER DISCLOSURE STATEMENT IMPROVED PROPERTY (Conlinu•c/) ©Copyright 2012 Northweot Mulllple LlsUng Service ALL RIGHTS RESERVED Seller Dloclosure Statement Rev. 08112 Page 4 of 5 6. 1. 8. 9. •c. Are any of the following kinds of wood burning appliances present at the property'/ YES m ~:~~:~vi~~.;;i;;·:::::::::::::::::::::::::::::::::::::::::::::··z==:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: g (3) Pellet stove? ................................... ..... .. ................................................................................................ CJ ( 4) Fireplace? ................................. .. ............................................................................................................ CJ If yes, are all of the (I) woods · or (2) fireplace inserts certified by the U.S. Environmental Protection Agency os cl ,urning appliances to improve air quality ard public health? ............................... O D. ::;r~~ tha:!:;i;e~17i;e~:1!,:nd!!~~~e:; :'.~~~~-~.~~-~-~~~.~.~~-~~~~~~.~~-~.~.~ ................ Cl E. ls the property equipped with carbon monoxide alarms? (Note: Pursuant to RCW 19.27.530, Seller must equip the residence with carbon monoxide alarms asrequired by the state building code.) .......... ..... CJ F. ls the property equipped with smoke alarms? ............................................................................ 0 H~~~=:e!!:~~~~:~~~-~.~~-~~.~~~~.~.~~..... .. ... ~ .................................... CJ Name of Association and contact infonnation for an om ~·;;pj·;;;,;:·;;;:~tller authorized agent. if any, who may provide the ossociation's · clnl statements, minutes, bylaws, fining policy, and other Information that is not publl nlloble: --------------- B. Are there regulor periodic ossc lifl ........................................................................................................... a $ perO thClyear 0 Olher--::,-"':C...;---=----,-::----------------•c. Are the y pending special assessments? ..................................................................................................... a •D. A ere any shared "common areas" or any Joint maintenance agreements (faciHtles such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest wilh others)? .................................................................................................................... a ENVIRONMENTAL • A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? .............................................................................................. a *B. Does any part of the property contain fill dirt, waste, or other fill material? ..................................................... 0 •c. ls there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soil,, or landslides? ....................................................................................................... CJ D, Are there any shoreUnes, wetlands, floodplains. or criticol areos on the property? ............................................ ~ *E. Are there any substances, materJals, or products In or on the property that may be environmental concerns, such as asbestos, fonnaldehyde,. radon gas. lead-based paint. fuel or chemical storage tanks, or contaminated soil or water? ................... 1 ....................................... , ..................................................... ~ 'F. Ha, the property been used for commercial or Industrial purposes? .................................................................. CJ •G. Is there any soil or groundwater contamfnation? ............................................................................................... tJ •H. Are there transmission poles or other electrical utility equipment installed, maintained, or burled on the property that do not provide utility service to the structures on the property? ......................... tJ 'I. Has the property been used as a legal or illegal dumping site? ......................................................................... O •J. Hos the property been used as an illegal drug manufacturing site? ................................................................... a •K. Arc there any radio towers in the area that cause interference with celluJar telephone reception? .................... CJ LEAD BASED PAINT (Applicable if the house was built before 1978.) A. Presence of lead-based paint and/or lead-based paint hazards (check one below): . ..-------- Cl Known lead-based paint and/or lead-based paint hazards are presenl in the hou!:l_~.i,;..-,_.....___. (explain). ,.,.-· --···· 0 Seiter has no knowledge of lead-based paint and/or lead-based p.ainrlin~ords in the housing. 8. Records and reports available to the Seller (check one below):,..,......- CJ Seller has provided the purchaser with all avail ab Ii: ..reC'nrdi; and reports pertaining to lead-be.sed paint and/or lead-based paint h11z ~~ the housing (list documents befow). 0 Seller has no reports or nx:unl. rlnining 10·1ea-a·-b-aSCd paint ant1,or-,ead-based painl hazards in lhe housing. ,le HOMES NO IJ IJ a a a a a IJ 0 0 0 0 0 l!Y 0 DON'T KNOW CJ CJ CJ a a CJ a CJ a a 0 a a a 0 a 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 19S 196 197 198 199 200 a 201 a 202 m-203 204 a _,,.-n:i--20s v a 206 1u----a 201 18-" a 208 209 210 211 212 213 214 215 216 217 218 219 Jfthe property includes o uufoctun.'tl or mobile home, 220 *A. Did you make • nltcnitions to the home? ..................................................................................................... 0 D CJ 221 lfyes, Q s~ describe the alterations: -·---~--_ ___ __ ______ . 222 •B. Di y previous owner muke any alterations to the home? ............................................................................. 0 D Q 223 *C. nhcr111ions were made, were permits or variances for these ahcrations obtained? ......................................... 0 CJ O 224 SELLER'S INITIALS: ~ Date: 1}-2t/JS-SELLER'S INITIALS~ /j Date: __ 1_(_""2-_l_ ~JS'" ·1 Y \A.~r-e...si Form 17 Seller Disclosure Statement Rev. 06/12 SELLER DISCLOSURE STATEMENT IMPROVED PROPERTY @Copyright 2012 Northwest Multiple Listing Seivlce ALL RIGHTS RESERVED Page 5 of 5 ( Continued) JO. FULL DISCLOSURE BY SELLERS ________--vEs NO DON'T 225 A. Other conditions or defects: -KNOW 226 • Are there any other existing material defects affecting the property that n p~r: buyer 227 should know about? ....•..•..•...•................................................... ,.-=.-:::::..::-........................................................ O IJ CJ 228 B. Verification --229 The foregoing answers ond attached i:s tt~) are complete and correct to the best of Seller~s knowledge end Seller has 230 received a copy hereof. Seller 10 defend, indemnify and hold real estate licensees harmless from and against any and all claims 231 that 'the above !nib 1s inaccurate. Seller authorizes real estate licensees.. if any, to deliver a copy of this disclosure statement to 232 other real est 1ccnscos.and all prospective buyers of the property. 233 Date: Date: 234 Seller: Seller: 235 NOTICES TO THE BUYER 236 SEX OFFENDER REGISTRATION 237 INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT 238 AGENCIES. TIIlS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS 239 NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 240 PROXIMITY TO FARMING 241 THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE JN 242 CLOSE PROXIMITY TO A FARM. THE OPERATION OF A FARM INVOLVES USUAL AND CUSTOMARY AGRICULTURAL 243 PRACTICES, WHICH ARE PROTECTED UNDER new 7.48.305, THE WASHINGTON RIGHT TO FARM ACT, 244 II. DUYER'S ACKNOWLEDGEMENT 245 Buyer hereby acknowledges that 246 A. Duyer has a duty to pay diligent attention to any material defects that are known to Buyer or CIII1 be known to Buyer by utilizing 247 diligent attention and observation. 248 B. The disclosures set forth In this statement and in any amendments to this statement arc made only by the Seller and not by any real 249 estate licensee or other part)!. 250 C. Buyer acknowledges that, pursuant to RCW 64.06.050 (2), real estate licensees are not liable for inaccurate information provided by 251 Seller, except to the extent that real estate licensees know of such inaccurate infonnation. 252 D. This Jnfonnation is for disc:losurc onJy and is not intended to be a part of the written agreement between the Buyer and Seller. 253 E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this dlselosure statement below) has received a 254 copy ofthl., Disclosure Statement (Including attachments. if any) bearing Seller's signatum(s). 255 F. If the house was built prior to 1978, Buyer acknowledges receipt of the pamphlet Protect Yaur Family From l.ead In Your Home. 256 DISCLOSURES CONTAINED lN IBIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL 257 KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER AND SELLER 258 OlllERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S 259 AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATilLY SIGNED 260 WRIITEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR 261 TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. 262 BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT 263 THE DISCLOSURES MADE HEREIN ARE THOSE OF TIJE SELLER ONLY, AND NOJ; OF ANY REAL ESTATE LICENSEE OR 264 OTHERPARTY. -,/'/ //_. r;:)-[0-15 265 DATE: -.;1 0/ I J _ __ DATE: 266 BUYER: ~ BUYER: __ 267 .-BUYER'S· AIV R OF RIGHT TO REVOKE O FER 268 Buyer us read nn 1ewcd the Seller's responses fo this S lier Disclosure Statement. Buyer a proves thi statement and waives Buyer's right 269 to revoke er s offer based on this disclosure. 270 DATE: DATE: 271 BUYER: BUYER: ________ 272 BUYER'S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT 273 Buyer has been odvised of Buyer's r[ght to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to 274 eny of the questJons in the section entitled "Environmental" would be "yes," Buyer may not waive the receipt of the "Environmental" section of 27S the Seller Disclosure Statement. 276 DATE: ------·· _ ___ DATE: ----· ___ 277 BUYER:_ ------------BUYER: ·----··---------278 If the answer is "Yes" to any asterJsked (*) items, please explain below (use addltionol sheets if necess0ry). Please refer to the line number(s) of 279 the question(s). 280 1 . p. <;ho-1,i:.\: vu.. fYc>\,::,12,."1:::i I loc.oeYe.d <>v-. V\).,,,X~~o..._1_ j 7 .. 'f . l.,AJ.,\c:l ~~01.,<..0"\ cl ... rov~ \-o..i-,.l( t.:>J;\ ~ ~ <> v...'rs; ..JI SELLER"S INITIALS: 90 ·M Dulc: ~_, __ I? _ Sl•:1.1.ER'S INITIALS: •• !\1<i 1/1 Date: PGI \-( __ ~ --y-.,,~k ~ 281 282 283 The following is only a brief summary of the attached law. SEC. 1. Definitions. Defines the specific terms used in the law. SEC. 2. Relationships between Brokers and the Public. Prescribes that a broker who works with a buyer or tenant represents that buyer or tenant-unless the broker is the listing agent, a seller's subagent, a dual agent, the seller personally or the parties agree otherwise. Also prescribes that in a transaction involving two different brokers licensed to the same real estate firm, the firm's designated broker and any managing broker responsible for the supervision of both brokers, are dual agents and each broker solely represents his or her client-unless the parties agree in writing that both brokers are dual agents. SEC. 3. Duties of a Broker Generally. Prescribes the duties that are owed by all brokers, regardless of who the broker represents. Requires disclosure of the broker's agency relationship in a specific transaction. SEC. 4. Duties of a Seller's Agent. Prescribes the additional duties of a broker representing the seller or landlord only. SEC. 5. Duties of a Buyer's Agent. Prescribes the additional duties of a broker representing the buyer or tenant only. SEC. 6. Duties of a Dual Agent. Prescribes the additional duties of a broker representing both parties in the same transaction, and requires the written consent of both parties to the broker acting as a dual agent. SEC. 7. Duration of Agency Relationship. Describes when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship. SEC. 8. Compensation. Allows real estate firms to share compensation with cooperating real estate firms. States that payment of compensation does not necessarily establish an agency relationship. Allows brokers to receive compensation from more than one party in a transaction with the parties' consent. SEC. 9. Vicarious Liability. Eliminates the liability of a party for the conduct of the party's agent or subagent, unless the principal participated in or benefited from the conduct or the agent or subagent is insolvent. Also limits the liability of a broker for the conduct of a subagent SEC. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge of the principal. SEC. 11. Interpretation. This law establishes statutory duties which replace common law fiduciary duties owed by an agent to a principal. SEC. 12. Short Sale. Prescribes an additional duty of a firm representing the seller of owner-occupied real property in a short sale. SECTION 1: DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Agency relationship" means the agency relationship created under this chapter or by written agreement between a real estate firm and a buyer and/or seller relating to the performance of real estate brokerage services. (2) "Agent" means a broker who has entered into an agency relationship with a buyer or seller. · (3) "Broker" means broker, managing broker, and designated broker, collectively, as defined in chapter 18.85 RCW, unless the context requires the terms to be considered separately. (4) "Business opportunity" means and includes a business, business opportunity, and goodwill of an existing business, or any one or combination thereof when the transaction or business includes an interest in real property. (5) "Buyer" means an actual or prospective purchaser in a real estate transaction, or an actual or prospective tenant in a real estate rental or lease transaction, as applicable. ···· · ·-· (6t.!!Bayer.!s=a-gent!!::rmians -a·broker who rias entered' into an agency relationship with only the buyer in a real estate -transaction, and includes sub-agents engaged by a buyer's agent m "Confidential information" means information from or concerning a principal of a broker that: (a) Was acquired by the broker during the course of an agency relationship with the principal; (bl The principal reasonably expects to be kept confidential; (c) The principal has not disclosed or authorized to be disclosed to third parties; (d) Would, if disclosed, operate to the detriment ofthe principal; and {e) The principal personally would not be obligated to disclose to the other party. (8) "Dual agent" means a broker who has entered into an agency relationship with both the buyer and seller in the same transaction. (9) "Material fact" means information that substantially adversely affects the value of the property or a party's ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, assault or other violent crime, robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or other act, occurrence, or use not adversely affecting the physical condition of or title to the property is not a material fact. (10) "Owner-occupied real property" means real property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit that is the principal residence of the borrower. (11) "Principal" means a buyer or a seller who has entered into an agency relationship with a broker. (12l "Real estate ~~ae seJ'.llkes" meaos..J.be _ _ .......c1:tl:1!:TdIDiagiitsiiriifb/?.J'!k1DEteill~e.s.tani.~ PAGE2 is required under chapter 18.85 RCW. (13} "Real estate firm" or "firm" have the same meaning as defined in chapter 18.8'5 RCW. (14) "Real estate transaction" or "transaction" means an actual or prospective transaction involving a purchase, sale, option, or exchange of any interest in real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter, a prospective transaction does not exist until a written offer has been signed by at least one of the parties. (15) "Seller" means an actual or prospectiVe seller in a real estate transaction, or an actual or prospective landlord in a real estate rental or lease transaction, as applicable. (16) "Seller's agent" means a broker who has entered into an agency relationship with only the seller in a real estate transaction, and includes subagents engaged by a seller's agent {17) "Subagent" means a broker who is engaged to act on behalf of a principal by the principal's agent where the principal has authorized the broker in writing to appoint subagents. SECTION 2: RELATIONSHIPS BETWEEN BROKERS AND THE PUBLIC. (1) A broker who performs real estate brokerage services for a buyer is a buyer's agent unless the: (a) Broker's firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, in which case the broker is a seller's agent; (b) Broker has entered into a subagency agreement with the seller's agent's firm, in which case the broker is a seller's agent; {c) Broker's firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, and the broker's firm has appointed the broker to represent the buyer pursuant to a written agency agreement between the firm and the buyer, in which case the broker is a dual agent; {d) Broker is the seller or one of the sellers; or {e) Parties agree otherwise in writing after the broker has complied with RCW 18.86.030(1)(f). {2) In a transaction in which different brokers affiliated with the same firm represent different parties, the firm's designated broker and any managing broker responsible for the supervision of both brokers, is a dual agent, and must obtain the written consent of both parties as required under RCW 18.86.060. In such case, each of the brokers PAGE 3 shall solely represent the party with whom the broker has an agency relationship, unless all parties agree in writing that the broker is a dual agent. {3) A broker may work with a party in separate transactions pursuant to different relationships, including, but not limited to, representing a party in one transaction and at the same time not representing that party in a different transaction involving that party, if the broker complies with this chapter in establishing the relationships for each transaction. SECTION 3: DUTIES OF A BROKER GENERALLY. (1) Regardless of whether a broker is an agent, the broker owes to all parties to whom the broker renders real estate brokerage services the following duties, which may not be waived: {a) To exercise reasonable skill and care; (b) To deal honestly and in good faith; (c) To present all written offers, written notices and other written communications to and from either party in a timely manner, regardless of whether the property is subject to an existing contract for sale or the buyer is already a party to an existing contract to purchase; (d) To disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party; provided that this subsection shall not be construed to imply any duty to investigate matters that the broker has not agreed to investigate; (e) To account in a timely manner for all money and property received from or on behalf of either party; (f) To provide a pamphlet on the law of real estate agency in the form prescribed in RCW 18.86.120 to all parties to whom the broker renders real estate brokerage services, before the party signs an agency agreement with the broker, signs an offer in a real estate transaction handled by the broker, consents to dual agency, or waives any rights, under RCW 18.86.020(1)(e}, 18.86.040{1){e), 18.86.0SO(l){e), or 18.86.060{2)(e) or (f}, whichever occurs earliest; and (g) To disclose in writing to all parties to whom the broker renders real estate brokerage services, before the party signs an offer in a real estate transaction handled by the broker, whether the broker represents the buyer, the seller, both parties, or neither party. The disclosure shall be set forth in a separate paragraph entitled ''l\gency Disclosure" in the agreement between the buyer and seller or in a separate writing entitled ''l\gency Disclosure." (2) Unless otherwise agreed, a broker owes no duty to conduct an independent inspection of the property or to conduct an independent investigation of either party's financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the broker to be reliable. '-·=· =-=· --·ccc··cc·---~· c...· ·c.c· ··=---------·------·. --- SECTION 4: DUTIES OF A SELLER'S AGENT. (1) Unless additional duties are agreed to in writing signed by a seller's agent, the duties of a seller's agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the seller by taking no action that is adverse or detrimental to the seller's interest in a transaction; {b) To timely disclose to the seller any conflicts of interest; PAGE4 (c) To advise the seller to seek expert advice on matters relating to the transaction that are beyond the agent's expertise; {d) Not to disclose any confidential information from or about the seller, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the seller's agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a seller's agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale. (2) (a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a seller's agent does not in and of itself breach the duty of loyalty to the seller or create a conflict of interest. {b) The representation of more than one seller by different brokers affiliated with the same firm in competing transactions involving the same buyer does not in and of itself breach the duty ?f loyalty to the sellers or create a conflict of ·-------·-··· ----'-'-- SECTION 5: . "'--"'· ·ccc··=--=o--=--·---·--·-· -- DUTIES OF A BUYER'S AGENT. (1) Unless additional duties are agreed to in writing signed by a buyer's agent, the duties of a buyer's agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer's interest in a transaction; (b) To timely disclose to the buyer any conflicts of interest; (c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent's expertise; (d) Not to disclose any confidential information from or about the buyer, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the buyer's agent has complied with RCW 18.86.030(l)(f), to make a good faith and continuous effort to find a property for the buyer; except that a buyer's agent is not obligated to: (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the buyer's agent (2) (a) The showing of property in which a buyer is interested to other prospective buyers by a buyer's agent does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different brokers affiliated with the same firm in competing transactions involving the same property does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest SECTION 6: DUTIES OF A DUAL AGENT. (1) Notwithstanding any other provision of this chapter, a broker may act as a dual agent only with the written consent of both parties to the transaction after the dual agent has complied with PAGE 5 RCW 18.86.030(l)(f), which consent must include a statement of the terms of compensation. (2) Unless additional duties are agreed to in writing signed by a dual agent. the duties of a dual agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) and (f) of this subsection: (a) To take no action that is adverse or detrimental to either party's interest in a transaction; (b) To timely disclose to both parties any conflicts of interest; (c) To advise both parties to seek expert advice on matters relating to the transaction that are beyond the dual agent's expertise; (d) Not to disclose any confidential information from or about either party, except under subpoena or court order, even after termination of the agency relationship; (e) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a dual agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale; and (f) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(l)(f), to make a good faith and continuous effort to find a property for the buyer; except that a dual agent is not obligated to: (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the dual agent. (3) (a) The showing of properties not owned by the seller to prospective buyers or the fisting of competing properties for sale by a dual agent does not in and of itself constitute action that is adverse or detrimental to the seller or create a conflict of interest. (b) The representation of more than one seller by different brokers licensed to the same firm in competing transactions involving the same buyer does not in and of itself constitute action that is adverse or detrimental to the sellers or create a conflict of interest. (4) (a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a dual agent does not in and of itself constitute action that is adverse or detrimental to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different brokers licensed to the same firm in competing transactions involving the same property does not in and of itself constitute action that is adverse or detrimental to the 6uyer or create a conflict of interest. · =5E€""'I0N 7· · --------.. -.~ .--. DURAllOt,tOFAGENCY RELA110.NSHIP. (1) The agency relationships set forth in this chapter commence at the time that the broker undertakes to provide real estate brokerage services to a principal and continue until the earliest of the following: (a) Completion of performance by the broker; (b) Expiration of the term agreed upon by the parties; (c) Termination of the relationship by mutual agreement of the parties; or (d) Termination of the relationship by notice from either party to the other. However, such PAGE 6 a termination does not affect the contractual rights of either party. (2) Except as otherwise agreed to in writing, a broker owes no further duty after termination of the agency relationship, other than the duties of: (a) Accounting for all moneys and property received during the relationship; and (b) Not disclosing confidential information. SECTION 8: COMPENSATION. (1) In any real estate transaction, a firm's compensation may be paid by the seller, the buyer. a third party, or by sharing the compensation between firms. (2) An agreement to pay or payment of compensation does not establish an agency relationship between the party who paid the compensation and the broker. (3) A seller may agree that a seller's agent's firm may share with another firm the compensation paid by..tbe.seller. (4J A tiuyermay-agre'e that a buyer's agent~ firm may share with another firm the compensation paid by the buyer. · · (5) A firm may be compensated by more than one party for real estate brokerage services in a real estate transaction, if those parties consent in writing at or before the time of signing an offer in the transaction. (6) A firm may receive compensation based on the purchase price without breaching any duty to the buyer or seller. (7) Nothing contained in this chapter negates the requirement that an agreement authorizing or employing a broker to sell or purchase real estate for compensation or a commission be in writing and signed by the seller or buyer. SECTION 9: VICARIOUS UABILITY. (1) A principal is not liable for an act, error, or omission by an agent or subagent of the principal arising out of an agency relationship: (a) Unless the principal participated in or authorized the act, error, or omission; or {b) Except to the extent that {i) the principal benefited from the act, error, or omission; and (ii) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent. (2) A broker is not liable for an act, error, or omission of a subagent under this chapter, unless that broker participated in or authorized the act, error or omission. This subsection does not limit the liability of a firm for an act, error, or omission by a broker licensed to the firm. SECTION 10: IMPUTED KNOWLEDGE AND NOTICE. (1) Unless otherwise agreed to in writing, a principal does not have knowledge or notice of any facts known by an agent or subagent of the principal that are not actually known by the principal. (2) Unless otherwise agreed to in writing, a broker does not have knowledge or notice of any facts known by a subagent that are not actually known by the broker. This subsection does not limit the knowledge imputed to the designated broker or any managing broker responsible for the supervision of the broker of any facts known by the broker. PAGE 7 The duties under this chapter are statutory duties and not fiduciary duties. This chapter supersedes the fiduciary duties of an agent to a principal under the common law. The common law continues to apply to the parties in all other respects. This chapter does not affect the duties of a broker while engaging in the authorized or unauthorized practice of law as determined by the courts of this state. This chapter shall be construed broadly. SECTION 12: SHORT SALE. When the seller of owner-occupied residential real property enters into a listing agreement with a real estate firm where the proceeds from the sale may be insufficient to cover the costs at closing, it is the responsibility of the real estate firm to disclose to the seller in writing that the decision by any beneficiary or mortgagee, or its assignees, to release its interest in the real property, for less than the amount the borrower owes, does not automatically relieve the seller of the obligation to pay any debt or costs remaining at closing, including fees such as the real estate firm's commission. Chicago Title Company of Washington 701 5th Avenue, Suite 2300, Sea WA98104 Phone: (206)628-5666 I FAX: (2 , j28-9739 FINAL BUYER'S STATEMENT Settlement Date: March 23, 2015 Disbursement Date: March 23, 2015 Buyer: Joos Family LLC 4057 Williams Ave N Renton, WA 98056 Seller: Patricia J. Marshall 2909 Mountain View Ave N Renton, WA 98056 Seller: Robert C. B. Marshall Credit Trust 2909 Mountain View Ave N Renton, WA 98056 Property: 2909 Mountain View Ave N Renton, WA 98056 Escrow Number: CSEA-4634-0033363-0C Escrow Officer: Jondra Case S10 L69, ALL OF LOTS 70, 71 & 72, BLOCK 1, G.D. HILLMAN'S LK WA GDN EDEN NO 1 FINANCIAL CONSIDERATION Contract sales price Deposit or earnest money WMA Posted Wire Rent 3/23 to 3/30 ($500/week) PRORATIONS/ADJUSTMENTS Joos Family LLC - Joos Family LLC County taxes 01/01/15 to 03/23/15 ($16,878.29 / 365 X 81 days) TITLE & ESCROW CHARGES Escrow Fee RECORDING CHARGES Government recording charges MISCELLANEOUS CHARGES Extended portion owne~s title premium Subtotals Balance Due TO Buyer TOTALS Chicago Title Company of Washington King County Treasurer CW Title $ DEBIT 2,100,000.00 1,697.25 75.00 1,573.52 2,103,345.77 45.66 2,103,391.43 THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT(S) BY CHICAGO TITLE COMPANY OF WASHINGTON Chicago TIiie Company of Washington, Settlement Agent SAVE THIS STATEMENT FOR INCOME TAX PURPOSES $ CREDIT 105,000.00 1,994,145.84 500.00 3,745.59 2,103,391.43 2,103,391.43 PURCHASER(S): El-Sale WAOOOD0863.doc I Updated: 07.22.14 CLOSING ESCROW INSTRUCTIONS (continued) -Yc1:1/1> oafe ,3-;) "J-F;. Date Foiwarding c%o S r;;,,,7 ,' & /. l C t.fb:s7fiJifl,1,tn,Js ave M Phone: ¥-.;,s; ,£ '17-/a::Jarax: _ _,,~--- Email: /{,!) l.Stt<e C!tJJJJC!q 9,. ;zer Page 5 Prin1ed: 03.20.15@ 02:46 PM by JC WA-CT-FNSE.02150.62"4o34-00333e:3-C raFffei/, tlf/J 1Jbs't, 2/10111111111111111 ai u!~0Ju?J001401 PAGE-lllll OF 003 74.110 113/23/2015 15·25 KING COUNTY, llA Filed tlr-111 IH, -of: @. CHICAGO TITLE -~-• E2719870----- 701 lilll Averwe, Suila 2300 Saatle.WA98104 EscrowNo.: 0033363 OC: 113/23/2915 15: 15 KING COUNTY, 11A ~ $37,385.1111 $2 , 11111, llllll • llll STATUTORY WARAANTY DEED THE.GRANTOR(S) Palricia J. Marshall, an unmarrlocl-and Palrida.J. -as Trustee of 1he RoberlC.B.Marlhal~Truet for and In w_atior, of Ten And No/100 Dollars ($10.00) , and ....-\IIWable - 1he fcllowlng -real _.,, situated In 1118 County of King, Slala af Waslliugb.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF --ugal: (ReqfJlnld ~full legal not 1-lad-) 510 l.89, ALL OF LOTS TO. 71 & 72. BLOCK 1. CD. HIUMAN'S LK WA GDN EDEN NO 1 Tax -NtJmbei{s~ 334210-3953 Sobjac:t to: E>ccopllo(ls5atlorth on -exhibit and~--..nee mede a part-as if fully b:Ol()()i-henlln.. PAGE-ffl OF .. 1 STATUTORY WARRANTY DES> (""'1ti<Uld) Dated: ?./'l.. ?>/ 6" ~~Ma..-sh4i __ ::;._"_"'-_1-... 1 ___ of b ''j Stale of l._j ·'-' """ Ibo\ "-""'~ o1_k_,4~·~~~ WA-CT4'NSE-02150Cl83t '!¥3 OC . ;-;;;;-- ;.,:.;:.:> THE IIOU1H 1DfEETOF LOT 611; ALL OFLOIS 70, 71 AND 72; EXHIBIT•A• Legal Dew.-.• IN BLOCK~A·.or~.H1UMAH·s LAKE WAJ$1a1Z10NGARDEN.OFEDEN . ADOfl10N TO ~TnE NQ.1, AS PER PLAT RECORDED!N Y!)LIIIIE 11 OF PLATS; PAGE 63, RECORl)S OF KING COUNlY AIIDll'OR; TOGETHER WITH ABOVE LAND8 OF SECONDCLA8$1NfllONTT/IEREOFAl1D BETWEEN LATERAL LINES ESTABLISHED BY DECIIEE""llllalicTCOUNlY .. SUPERIOR COURT CAUSE NO. 156371. &ITUAlE IN THE CITY OF RENTON. COUNlY OF KING, STAlE OF WASHINGTON -· WA-CT.fNSl&G2150 821831 0033353 0C ., AFTER RECORDING, MAIL TO: Laura E. Hoexter Helsell Fetterman LLP 1001 Fourth Avenue -Suite 4200 Seattle, Washington 98154 f 111111111111111 ~:J1~i~~100~,924 10/28/2011 11:58 KING COUNTY, 11A E2514721 10/20/2011 11:58 I< ING COUNTY , IJA TAX Sl0.00 SALE S0.00 PAGE-001 OF 001 SPECIAL WARRANTY DEED Reference # (if applicable): Granlor{s): Granlee(s I: Abbreviated Legal Description: Assessor's Tax Parcel ID#: 20081114001614 Patricia J. Marshall, individually and as Personal Representative of the Estate of Robert C.B. Marshall Patricia J. Marshall, a single woman, as her sole and separate property, as to an undivided 52.26% interest, and to Patricia J. Marshall, Trustee of the Robert C.B. Marshall Credit Trust, as to an undivided 47.74% interest HILLMANS LK WN GARDEN OF EDEN #t S 10 Ff OF 69 ALL 70-71-72 & 2ND CL SH LOS ADJ 334210-3953 Grantor(s): The Grantor[s), Patricia J. Marshall, individually and as Personal Representative of the Estate of Robert C.B. Marshall, for no consideration but for a distribution from the Estate, grants, bargains, sells, conveys, and confirms to: Grantee(s): Patricia J. Marshall, a single woman, as her sole and separate property, as to an undivided 52.26% interest, and to Patricia J. Marshall, Trustee of the Robert C.B. Marshall Credit Trust, as to an undivided 47.74% interest, the following real estate, situated in King County, Washington, together with all after acquired title of the Granlors therein. Legal Description: THE SOUTH 10 FEET OF LOT 69; AND ALL OF LOTS 70, 71, AND 72; ALL IN BLOCK "A", C. D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, ACCORDING TO PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, IN KING COUNTY, WASHINGTON; TOGETHER WITH ABOVE LANDS OF THE SECOND CLASS IN FRONT THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COURT CASE NO. 156371. SUBJECT TO all easements, restrictions, reservations, and agreements of record, if any. Address of Real Property: 2909 Mountain View Ave N, Renton, WA 98056 Assessor's Tax Parcel ID#: 334210-3953 DA TED this J :J...-\"h day of Oc....to\:w.c: , 2011. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) P~~~Cl ~. \:f C\10)~ Patricia J. Mars II, individually and as Personal Representative of the Estate of Robert C.B. Marshall I hereby certify that I know or have satisfactory evidence that Patricia J. Marshall, individually and as Personal Representative of the ESTATE OF ROBERT C.B. MARSHALL, is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated it lo be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. GIVEN under my hand and official seal this ~ day of Oc/D&,..-, 2011. VERONIIV, TAP>.SOYHA BlllffiMI NOTARY PUBLIC STATE OF WASHINGTON MY COMMISSION EXPIRES 08·03·14 ~ak_ ik~NiJt1t Tiff<fiS6VNfl: BL>hNVA ~ {Legibly Print or Stamp Name of Notaiy} Notary public in and for the.;,tate of Washington, residing at IY!J.tTYJ My appointment expires 0'8'-43-.;1.()/:Y 2 THE SOUTH 10 FEET OF LOT 69; ALL OF LOTS 70, 71 AND 72; EXHIBIT "A" IN BLOCK "A" OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATILE NO. 1, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY AUDITOR; TOGETHER WITH ABOVE LANDS OF SECOND CLASS IN FRONT THEREOF AND BETWEEN LATERAL LINES ESTABLISHED BY DECREE IN KING COUNTY SUPERIOR COURT CAUSE NO. 156371. SITUATE in the CITY OF Renton, County of King, STATE OF WASHINGTON. RECEIPT EG00052651 ---------Renton e BILLING CONTACT Joos Family LLC 4507 Williams Ave N Renton, WA 98056 REFERENCE NUMBER FEE NAME LUA16-000316 PLAN -Environmental Review PLAN -Modification PLAN -Shoreline Substantial Dev Permits Technology Fee Printed On: April 25, 2016 Prepared By: Jill DinQ 1055 S Grady Way, Renton, WA 98057 TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Fee Payment Transaction Date: April 25, 2016 PAYMENT METHOD Check #1275 Check #1275 Check #1275 Check #1275 SUB TOTAL TOTAL AMOUNT PAID $1,000.00 $150.00 $2,000.00 $94.50 53,244.50 $3,244.50 Page 1 of 1