HomeMy WebLinkAboutPN_Shoreline_Narrative_180125_v1January 25, 2018 1
Renton Shoreline Exemption Project
Narrative – PSE Energize Eastside
Project name, size, and location of the site
Puget Sound Energy’s (PSE) Energize Eastside project (Project) will upgrade approximately 4
miles of two existing 115 kV lines with two 230 kV lines beginning at the City’s northern
boundary with Newcastle and ending at the existing Talbot Hill substation. The Project is located
entirely within PSE’s existing 100-ft electrical transmission utility corridor and involves
replacement of approximately 144 existing wood and steel poles (H-frame designs) with
approximately 41 steel monopoles in either a single-circuit or double-circuit configuration. Within
the Talbot Hill substation (located at 2400 S. Puget Drive), additional breakers and associated
controls will be added to accommodate the new lines. From the substation, the Project runs
north within the existing PSE transmission line corridor where it continues into Newcastle at
Renton’s northern city limit.
The existing transmission lines and the proposed upgraded lines cross the Cedar River in areas
zoned as Shoreline High Intensity and Urban Conservancy (City of Renton, Renton Shoreline
Environment Overlays map, November 2011). The Cedar River is considered a “shoreline of the
state” under the state’s Shoreline Management Act (City of Renton, Ordinance No. 5633,
October 2011).
Brief description of proposed work
Pole replacement activities, construction laydown, access, or vegetation management activities
are not proposed within jurisdictional shorelines or the associated 200-foot buffer. Rather, the
Project involves the aerial replacement of a wire more than 200-feet over the Cedar River. The
lines will be replaced with the same quantity of lines and there is a negligible change in wire size
(an approximately 0.518-inch difference between the old and new lines). Replacement of the
lines will occur aerially (i.e., no work will occur on the ground surface or in waters in the
shoreline). No fill or excavation will occur within the shoreline. Additionally, no tree or vegetation
removal is proposed within the shoreline.
Basis for the exemption request
As relevant here, the City defines “development” as “[a] use consisting of the construction of
exterior alteration of structures.” To the extent the City considers replacement wires to be a
“structure,” the Project does not involve “development” in the shoreline because PSE does not
propose an “exterior alteration.” See RMC 4-11-040 (Definitions “D”).
The Project’s 0.518-inch increase in wire size does not constitute a material change in size,
shape, configuration or external appearance of the existing wire. The lowest replacement line is
approximately 20-30 feet higher than the lowest line on the existing structure, but the wires
traversing the Cedar River are otherwise substantially the same. The increased height generally
means that the wires are less visible in the shoreline and that any alteration of external
appearance will be imperceptible.
January 25, 2018 2
The proposed wire replacement also qualifies for an exemption as “normal maintenance or
repair of existing structure or developments” under the City’s code. The “replacement of a
structure” qualifies for an exemption as a “repair” where 1) “such replacement is the common
method of repair for the type of structure” and 2) “the replacement structure…is comparable to
the original structure” considering “size, shape, configuration, location and external appearance”
and 3) “the replacement does not cause substantial adverse effects to shoreline resources or
environment.” See RMC 4-9-190.C.3.c.iii. The Project meets all three prongs.
When replacing 60-year-old transmission line wires PSE regularly upgrades the capacity of
those wires. The Project replacement wires are approximately ½-inch bigger in diameter, but
are otherwise the same shape and configuration. This ½-inch difference is negligible in a
general sense, but even more so here as the wires will be strung more than 200-feet in the air.
The net impact of the wire replacement will cause no change to the external appearance of the
wires running over the vegetated ravine. As the wires replace existing wires and all construction
work required to hang the lines will occur outside the shoreline, the wire replacement will not
cause substantial adverse effects to shoreline resources or the environment.
The change in transmission line voltage (from 115 kV to 230 kV) has no impact on ecological
function nor will it cause a substantial adverse effect to shoreline resources (access, aesthetics,
etc.). By utilizing the existing utility corridor, new impacts to the shorelines are avoided. Further,
the Project avoids adverse impacts to navigation because the height of lines over the water will
be increased. As there are no shoreline impacts, there will also be no impact to shoreline
ecological function.
See the following letter from PSE to City of Renton (dated October 27, 2017) regarding the
shoreline exemption justification and email confirming an exemption is appropriate for this
project.
Anticipated dates of work
This work is anticipated to occur in Summer 2018, but this is contingent on the timelines for
processing other Project-related permits.
Other permits required for proposed project
The following permits and approvals are required from the City for the Project: Conditional Use
Permit; Shoreline Exemption; and Grading Permit.
Current and proposed use of the site
The Project site is currently occupied by PSE’s existing 115kV transmission lines. After Project
completion, proposed use will be 230kV transmission lines owned and operated by PSE.
Special site features (i.e., wetlands, water bodies, steep slopes)
Multiple critical areas are mapped within the existing transmission line corridor within the
shoreline, including wetlands (Cedar North Wetland and Wetland NR02); priority habitat (as
mapped by the Washington Department of Fish and Wildlife); priority steep slopes (as mapped
by The Watershed Company); erosion hazard (as mapped by the City); priority landslide hazard
areas (as mapped by the City); and floodway (as mapped by the City).
January 25, 2018 3
Details related to these areas are provided in the Project’s Critical Areas Report (Watershed
2018).
Statement addressing soil type and drainage conditions
Surface soils in the Project area include mainly silty gravel, silty sand, and silt. Soils along the
proposed route provide adequate support for the new poles (GeoEngineers 2017; see Appendix
C of Critical Areas Report). To minimize impacts to soil, a Sediment and Erosion Control Plan
will be addressed in the Project-specific Temporary Erosion and Sediment Control (or “TESC”)
Plan and Construction Stormwater Pollution Prevention Plan (CSWPPP). Areas of disturbance
will be limited to the minimum necessary within geological hazard areas, including limiting
equipment access. See Renton Critical Areas Report at Sections 4.3.5; 5.2.2; 7.1.2; and 8.3. All
disturbed areas will be restored. Drainage patterns will not be changed as a result of the
Project.
Total estimated construction cost and estimated fair market value of the proposed
project
The estimated construction cost/fair market value of the Project within Renton is approximately
$18 million.
Estimated quantities and type of materials involved if any fill or excavation is proposed
Not Applicable; fill or excavation is not proposed within the shoreline.
Number, type and size of any trees to be removed
Not Applicable; tree removal is not proposed within the shoreline.
Distance from closest area of work to the Ordinary High Water Mark of the shoreline
Project activities will occur more than 200 feet from the ordinary high water mark of the
shoreline (Cedar River).
Nature of the existing shoreline (e.g., high bank, naturalize, rip rap, bulkhead, etc.)
The Maple Valley Highway is adjacent to the northern bank of the Cedar River within the project
area. A large concrete retaining wall at the river bank limits vegetation in this area. On the
southern side of the Cedar River, vegetation within 100 feet of the waterline is characterized by
a predominantly deciduous canopy of red alder, big leaf maple and black cottonwood. Upland
understory is dominated by non-native, invasive Himalayan blackberry. A portion of Wetland
NRO2, a depressional wetland dominated by palustrine scrub-shrub and forested vegetation is
present within 100 feet of the ordinary high water mark. Common plants observed within
Wetland NRO2 include red alder, black cottonwood, salmonberry, redtwig dogwood, blackberry,
skunk cabbage and lady fern.
Invasive blackberry is estimated at 60-90% of the project area in this vicinity. Due to the high
level of invasive coverage, native vegetation within 100 feet of the waterline, within the project
area, is estimated at 1,000-4,000 square feet.
January 25, 2018 4
If the proposed project exceeds a height of 35-feet above the average grade level,
discuss the approximate location of and number of residential units, existing and
potential, that will have an obstructed view
There are no residences adjacent to the proposed shoreline crossing location; the nearest are
single-family residences approximately 350-400 feet north of the shoreline jurisdiction, and
multi-family residences approximately 700 feet south of the shoreline jurisdiction. When
replacing 60-year-old transmission line wires PSE regularly upgrades the capacity of those
wires. The Project replacement wires are approximately ½-inch bigger in diameter, but are
otherwise the same shape and configuration. This ½-inch difference is negligible in a general
sense, but even more so here as the wires will be strung more than 200-feet in the air and there
are no adjacent residences. The net impact of the wire replacement will cause no change to the
external appearance of the wires running over the vegetated ravine.
94531482.1 0063442-00015
October 27, 2017
TO: Jill Ding and Leslie Clark, City of Renton
FROM: Brad Strauch, Infrastructure Program Manager, Puget Sound Energy
RE: Energize Eastside – Renton Segment
Shoreline Exemption Justification
I. Introduction
Puget Sound Energy, Inc. (“PSE”) respectfully requests a shoreline exemption for
the hanging of transmission lines over, but not within, the shoreline where the new lines
replace existing overhead lines and no shoreline will be touched during installation. For the reasons stated in detail below, the transmission line replacement is both not a
“development” and qualifies as “normal repair and maintenance” under the City of
Renton’s (“City”) code. See RMC 4-11-040; RMC 4-9-190.C.3.c. As such, a shoreline
exemption is appropriate in this case.
II. Project Background
PSE proposes the replacement of approximately 18 miles of 115 kV transmission
lines with 230 kV lines in an existing transmission line corridor (“Project”). The
replacement transmission lines (which have not been updated since the 1960s) are
necessary as part of PSE ongoing utility line infrastructure maintenance. Combined with
aggressive conservation measures, the Project will improve reliability for Eastside communities, including the City of Renton, and supply capacity needed for anticipated
growth and development locally and regionally.
The Project runs approximately 4.5 miles through the City. The Project is sited in
the existing transmission line corridor (established in the late 1920s and early 1930s) and
proposes pole replacement in roughly the same locations as the existing poles. The existing transmission line crosses the Cedar River in areas zoned as either Shoreline High
Intensity or Urban Conservancy. The Cedar River is a “shoreline” under the state’s
Shoreline Management Act.
PSE’s Project does not propose any pole replacement activities, construction laydown, access, or vegetation management activities in the shoreline. Rather, the
project involves the aerial replacement of a wire more than 200-feet over the Cedar
94531482.1 0063442-00015 2
River. The lines will be replaced with the same quantity of lines and there is a negligible
change in wire size (an approximate 0.518-inch difference between the old and new
lines). Replacement of the lines will occur aerially (i.e. no work will occur on the ground
surface or waters in the shoreline). PSE’s ongoing utility infrastructure maintenance regularly requires upgrading old
lines with new, higher capacity lines. In this case, the existing lines were installed in the
1960’s. Almost 60 years later, PSE still provides transmission line service, but electricity
demands have increased. The technology for transmitting electricity, however, remains substantially the same. PSE still runs wires on poles. The only part of PSE’s Project traversing a shoreline is an aerial wire, which is comparable in size, shape and
configuration to the existing line.
III. City of Renton Shoreline Code Requirement Subject to limited exceptions, a shoreline permit is required for all “use and
development” in the shoreline. RMC 4-9-190.B.3. “Use” refers to land uses permitted
(or not) in a given area. RMC 4-11-210 (Definitions “U”). Here, the transmission line
upgrade is a permitted use. “Development” is defined as a [a] use consisting of the construction of exterior alteration of structures;
dredging; drilling; dumping; filling; removal of any sand, gravel or
minerals; bulkheading; driving of piling; placing of obstructions; or any
other projects of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level.
RMC 4-11-040 (Definitions “D”) (explaining that this definition only applies to RMC 4-
3-090, Shoreline Master Program Regulations). A “structure” is “[a] permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the
surface of the ground or water, except for vessels.” RMC 4-11-190 (Definitions “S”).
The City exempts “normal maintenance and repair” from shoreline permitting. Under this category, the City explains that the
[r]eplacement of a structure or development may be authorized as repair
where such replacement is the common method of repair for the type of
structure or development and the replacement structure or development is comparable to the original structure or development including, but not limited to, its size, shape, configuration, location and external appearance
and the replacement does not cause substantial adverse effects
to shoreline resources or environment.
RMC 4-9-190.C.3.c.iii.
94531482.1 0063442-00015 3
IV. PSE’s Transmission Line Replacement Qualifies for a Shoreline Exemption
As relevant here, the City defines “development” as “[a] use consisting of the
construction of exterior alteration of structures.” To the extent the City considers replacement wires to be a “structure,” the Project does not involve “development” in the
shoreline because PSE does not propose an “exterior alteration.” See RMC 4-11-040
(Definitions “D”).
The Project’s ½ inch increase in wire size does not constitute a material change in size, shape, configuration or external appearance of the existing wire. The lowest
replacement line is approximately 20-30 feet higher than the lowest line on the existing
structure, but the wires traversing the Cedar River are otherwise substantially the same.
The increased height generally means that the wires are less visible in the shoureline and
that any alteration of external appearance will be imperceptible.
The Draft Environmental Impact Statement (“DEIS”) analyzing Project impacts
does not specifically apply the “exterior alteration” requirement, but its conclusions on
aesthetic impacts caused by the wire replacement over the Cedar River are instructive.
As found in the DEIS,
• “Poles and wires are marginally visible from within ravines (such as the Cedar
River ravine). This would continue to be the case under the project.”;
• “The height and location of the proposed poles and transmission line would not obscure views of the Cedar River from the trail.”; and
• “The crossing within the Cedar River ravine would also not have significant
impacts because it is surrounded by tall, dense vegetation. Impacts to scenic views
would be less-than-significant.”
Energize Eastside—Phase II Draft Environmental Impact Statement at 3-82 , available at
http://www.energizeeastsideeis.org/uploads/4/7/3/1/47314045/section_3.2_scenic_views
_and_the_aesthetic_environment.pdf. These findings support a conclusion that the
Project does not involve an “exterior alteration.”
The proposed wire replacement also qualifies for an exemption as it constitutes
“normal repair and maintenance” under the City’s code. As set forth above, the
“replacement of a structure” qualifies for an exemption as a “repair” where 1) “such
replacement is the common method of repair for the type of structure” and 2) “the replacement structure…is comparable to the original structure” considering “size, shape,
configuration, location and external appearance” and 3) “the replacement does not cause
substantial adverse effects to shoreline resources or environment.” See RMC 4-9-
190.C.3.c.iii. The Project meets all three prongs.
When replacing 60-year-old transmission line wires PSE regularly upgrades the
capacity of those wires. The Project replacement wires are approximately ½ inch bigger
in diameter, but are otherwise the same shape and configuration. This ½ inch difference
is negligible in a general sense, but even more so here as the wires will be strung more
94531482.1 0063442-00015 4
than 200-feet in the air. The net impact of the wire replacement will cause no change to
the external appearance of the wires running over the vegetated ravine. As the wires
replace existing wires and all construction work required to hang the lines will occur
outside the shoreline, the wire replacement will not cause substantial adverse effects to shoreline resources or the environment.
Additionally, the change in voltage has no impact on ecological function nor will
it cause a substantial adverse effect to shoreline resources (access, aesthetics, etc.). By
utilizes the existing utility corridor new impacts to the shorelines is avoided. Further, the Project avoids adverse impacts to navigation (the height of lines over the water will be increased). As there are no shoreline impacts, there will also be no impact to shoreline
ecological function.
Indeed potential impacts to avian species will be reduced. As explained in the DEIS,
[t]he project would reduce the electrocution and collision rates for avian
species. The most common cause of avian electrocution is when birds
simultaneously contact two power phases (wires carrying different charge). Avian electrocutions occur most frequently with lower voltage distribution lines (30 kV or less) because conductors on most these lines
are narrowly spaced and can be bridged by birds, particularly those with
large wing spans (Dwyer et al., 2013; SCL, 2014). Electrocution
incidences are lower with higher voltage transmission lines because of the greater separation between wires. For the Energize Eastside project, spacing of the 230 kV wires would typically be greater than the existing
115 kV lines, which would reduce the electrocution potential.”).
DEIS at 3.4-17. In sum, the Project will to some degree improve ecological functions from the existing conditions by reducing electrocution risk.
If additional information is needed regarding the details of the proposed project,
please contact Brad Strauch by e-mail (brad.strauch@pse.com) or phone (425-456-2556).
94531482.1 0063442-00015 5
From:Hartje, Toni
To:Strauch, Bradley; Purnell, Kelly; Gifford, Marissa; Ronda Strauch
Subject:FW: Energize Eastside, Renton segment
Date:Wednesday, December 6, 2017 12:02:36 PM
Attachments:image001.png
Here is the e-mail from Jill regarding DOE’s response to our request to pursue a Shoreline Exemption
request.
Toni Hartje
Senior Municipal Land Planner
(425) 505-3252 (cell)
From: Jill Ding [mailto:JDing@Rentonwa.gov] Sent: Monday, November 06, 2017 11:06 AMTo: 'Leverette, Sara A.'; Leslie ClarkCc: Durbin, Kara; Strauch, Bradley; Hartje, Toni; Jennifer T. HenningSubject: RE: Energize Eastside, Renton segment
Hi Sara,
I had a phone conversation with Misty Blair at DOE this morning regarding your request. She
indicated that she had no concerns with the work you are proposing within the Shoreline being
reviewed as a Shoreline Exemption as Maintenance and Repair. Since the work you are proposing is
bringing an existing use up to standard she also agreed that a Shoreline Conditional Use Permit
would not be necessary.
Please let me know if you have any further questions.
Thanks,
Jill
From: Leverette, Sara A. [mailto:sara.leverette@stoel.com]
Sent: Friday, October 27, 2017 9:52 AM
To: Jill Ding <JDing@Rentonwa.gov>; Leslie Clark <LClark@Rentonwa.gov>
Cc: Durbin, Kara <Kara.Durbin@pse.com>; Brad Strauch (bradley.strauch@pse.com)
<bradley.strauch@pse.com>; Hartje, Toni <Toni.Hartje@pse.com>; Jennifer T. Henning
<Jhenning@Rentonwa.gov>
Subject: RE: Energize Eastside, Renton segment
Jill,
My apologies for the long delay in getting you the additional information that you requested on
PSE’s request for a shoreline exemption for the aerial crossing of wires over the Cedar River.
Attached please find a full description of the transmission wire upgrade as it relates to the Cedar
River shoreline.
Please let me know if you have any questions about the attached and what you think are
appropriate next steps from here.
I hope your fall is going well!
Best regards,
Sara
Sara A. Leverette | Attorney
STOEL RIVES LLP | 600 University Street, Suite 3600 | Seattle, WA 98101-4109
Direct: (206) 386-7614 | Mobile: (503) 381-0281 | Fax: (206) 386-7500
sara.leverette@stoel.com | Bio | vCard | www.stoel.com
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended
recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
P Please consider the environment before printing this email.
From: Jill Ding [mailto:JDing@Rentonwa.gov] Sent: Monday, August 07, 2017 1:41 PMTo: Leverette, Sara A.; Leslie ClarkCc: Hartje, Toni; Kriner, Kerry; Jennifer T. HenningSubject: RE: Energize Eastside, Renton segment
Sara,
I’ve spoken with Leslie Clark and she has indicated that it is okay for me to contact you directly.
Regarding your first question for the shoreline determination, our suggestion would be to have DOE
weigh in with regards to whether what you are proposing would be considered substantial
development. To frame my discussion with DOE, I would like to have a description of all work
proposed within the shoreline jurisdiction here in Renton. I would suggest that we wait to meet until
after I’ve had a chance to consult with DOE on this shoreline issue.
Thanks,
Jill
From: Leverette, Sara A. [mailto:sara.leverette@stoel.com]
Sent: Thursday, August 03, 2017 4:20 PM
To: Leslie Clark <LClark@Rentonwa.gov>
Cc: Jill Ding <JDing@Rentonwa.gov>; Hartje, Toni <Toni.Hartje@pse.com>; Kriner, Kerry
<Kerry.Kriner@pse.com>
Subject: RE: Energize Eastside, Renton segment
Leslie,
Thank you again for working with me to schedule this meeting. By way of background, PSE’s
proposed pole replacement does not involve any construction activities (temporary or otherwise) in
the shoreline, but rather would involve the stringing of a transmission line approximately 80’ (I’m
waiting for confirmation of the line height) over the shoreline. In similar situations, other
jurisdictions have used a shoreline exemption process because the line is replacing an existing line
and there are no impacts to the shoreline. PSE understands that the City has provided some
information responding to the application of the shoreline exemption process, but we have some
additional questions in light of the de minimis shoreline impacts, the likelihood of litigation in this
case, and the burdens associated with a shoreline permit hearing. Our issues are as follows:
1) PSE is struggling to find a basis in Renton’s code for the conclusion that the proposed wire
replacement is an intensification of a development. We would like to discuss how the code
supports (or does not support) this conclusion.
2) What is an EIS consistency review and what purpose does it serve where Renton is an author
of the EIS that is already underway? I understand that Toni and Jill have discussed this issue,
but, even with Toni’s help, I still have some questions.
We look forward to meeting and please let us know if there is anything you would like to discuss and
when you are available to meet.
Toni and Kerry, please pipe up if I forgot something!
Best regards,
Sara
Sara A. Leverette | Attorney
STOEL RIVES LLP | 600 University Street, Suite 3600 | Seattle, WA 98101-4109
Direct: (206) 386-7614 | Mobile: (503) 381-0281 | Fax: (206) 386-7500
sara.leverette@stoel.com | Bio | vCard | www.stoel.com
This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended
recipient. Any unauthorized review, use, or distribution is prohibited and may be unlawful.
P Please consider the environment before printing this email.
From: Leslie Clark [mailto:LClark@Rentonwa.gov]
Sent: Wednesday, August 02, 2017 8:34 AMTo: Leverette, Sara A.Cc: Jill DingSubject: Energize Eastside, Renton segment
Sara,
Thanks for the call yesterday regarding PSE’s Energize Eastside intended land use submittal to the
City of Renton. This responds to PSE’s request for a follow-up meeting to the pre-application
meeting held in June.
I’ve consulted with CED, and we believe that the most efficient way to move forward is for you to list
PSE’s questions. That gives City staff the opportunity to identify who should attend the meeting and
to do some pre-meeting legwork if necessary.
Let me know if you would like to discuss. Otherwise, I’ll look for a list of PSE’s questions from you,
then I will consult again with CED.
Thanks,
Leslie
LESLIE CLARK | Senior Assistant City Attorney
1055 S. Grady Way | Renton WA 98057
LClark@Rentonwa.gov | (425) 430-6482