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HomeMy WebLinkAboutLUA 09-013_Report 01CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: April 14, 2009 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: LUA (file) Number: Cross-References: AKA's: Project Manager: Acceptance Date: Applicant: Owner: Contact: PID Number: ERC Decision Date: ERC Appeal Date: Administrative Approval: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: WSDOT SR 169 Wall Repair LUA-09-013, SME Jennifer Henning February 12, 2009 Nina Roscow same as applicant N/A February 12, 2009 February 26, 2009 Date: Date: Project Description: The applicant proposes to repair the MSE wall and bicycle trail at milepost 23.0 along SR-169 (Maple Valley Hwy). The MSE wall was damaged by flood waters from the Cedar River. Repair consists of filling the voids behind the wall with controlled density fill and pressure grouting to raise the moment slab barrier back into position. Approximately 500 lineal feet of damaged HMA pedestrian trail along the base of the wall, including embankment and fencing would also be re aired. Location: Mile 23.0, State Route 169, Cedar River Bridge Comments: .. ,._.,,..,"'·---------------------·----'----......-;...·-........ -' Jennifer T. Henning From: Sent: To: Roscow, Nina [RoscowN@wsdot.wa.gov] Thursday, February 12, 2009 7:58 AM Jennifer T. Henning Subject: RE: Letter/Shoreline & SEPA Exemption No problem-I meant to follow up but it has been that kind of week. Please mail the permit to WA State Department of Transportation Attn: Benjamin Brown MS 138 PO Box 330310 Seattle, WA 98133-9710 Fax Number is 206.440.4805 Thanks, Nina Roscow Environmental Coordinator WSDOT NW Region 206.440.4908 From: Jennifer T. Henning [mailto:Jhenning@Rentonwa.gov] Sent: Wednesday, February 11, 2009 7:37 PM To: Roscow, Nina Subject: Letter/Shoreline & SEPA Exemption Hello Nina, We are issuing the Exemptions for Shoreline and SEPA on Thursday, Feb 12. I apologize for the delay, yet we were aware that the work had commenced. Could you please provide me with the mailing address and fax number so that I can send these items over to you directly? Thank you. Jennifer Henning Planning Manager 425-430-7286 1 ... ~y o CIT-~ OF RENTON (!~~ ":,..¢, Economic Development, Neighborhoods and • .ii • Strategic Planning ~ -~ Denis Law, Mayor Alex Pietsch, Administrator &N~o1;-~~~~~~~~~~~~~~~~~~~...;_~~~~ February 12, 2009 Washington State Department of Transportation Attn: Nina Roscow, Environmental Coordinator MS 138 PO Box 330310 Seattle, WA 98133-9710 SUBJECT: EMERGENCY REPAIR, SR 169 AT MILEPOST 23.0 (CEDAR RIVER BRIDGE), FILE 1'10. LUA09-113, SME Dear Ms. Roscow, I am in receipt of the Washington State Department of Transportation (WSDOT) Emergency Project Checklist, issued by William Vlcek, dated January 27, 2009 which authorizes the repair of an existing MSE wall on State Route 169, at Milepost 23.0 (Cedar River Bridge). The MSE wall was damaged by flood waters as a result of inclement weather in January 2009. The repair work will consist of repairing the MSE wall by filling the voids behind the wall with controlled density fill and pressure grouting to raise the moment slab barrier back into position. In addition, approximately 500 lineal feet of damaged HMA pedestrian trail along the base of the wall will be repaired, including embankment and fencing. Proposals within 200 feet of the Ordinary High Water Mark of the Cedar River require a Shoreline Substantial Development Permit and SEPA environmental review. However, Renton Municipal Code provides for exemptions from Shoreline Permits for "Emergency construction necessary to protect property from damage by the elements. " According to RMC4-9-l 90C.5: a. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with this program. b. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed to be the appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, chapter 17-27 WAC or this Shoreline Program shall be obtained. c. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and this Program. d. In general, flooding or other seasonal events that can be anticipated and may occur, but that are not imminent are not an emergency. -------l-05_5_S_o_ut_h_G-ra_d_y_W_a_y __ -R-en_t_on-,-W-a-sh-in_gt_o_n_98_0_5_7 ______ ~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE February 12, 2009 Page 2 In this instance, item "d." above does not apply, as the flooding was of such a magnitude, that the damage could not have been predicted. Furthermore, RMC Section 4-9-190C.3 exempts projects from Shoreline regulation for normal maintenance or repair of structures or developments, including damage by accident, fire or elements as follows: a. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. b. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. c. Replacement 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. The repair of the MSE wall at S.R. 169, Milepost 23.0 (Cedar River Bridge) is needed to avoid imminent threat to public safety and the environment. For this reason, the wall repair is exempt from regulation under the City ofRenton's Shoreline Master Program. However, should the structure remain in disrepair beyond 3 months time, from the date of issuance of the Shoreline Exemption, a Shoreline Substantial Development Permit will be required. A copy of the Shoreline Exemption is attached to this letter. Washington Administrative Code Section 197-11-880 specifies instances when projects are considered to be an emergency and are exempt from SEPA environmental review. "Actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt." Based on the information provide to me via the submitted WSDOT Emergency Project Checklist (dated January 27, 2009) and accompanying photographs, it is clear that an imminent threat to public safety and property is present. Therefore, the repair of the Cedar River Bridge MSE wall is exempt from requirements of SEPA environmental review. This exemption applies only to City of Renton environmental and Shoreline pem1it processes. If needed, you will coordinate separately with state and federal agencies with jurisdiction regarding the necessity for permits or exemptions from permits. Should you have any questions regarding this correspondence, please contact Jennifer Henning at: 425-430-7286. Sincerely, J ) C .. ~.UL----sf; C. E. Vincent Planning Director H:\CED\Planning\Current Planning\PROJECTS\09-013.Jennifer\SEPA Exemption Ltr.doc\j CITY OF RENTON CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT DATE: February 12, 2009 LAND USE ACTION FILE NO.: LUA09-013, SME PROJECT NAME: S.R. 169 Emergency Repair Shoreline Exemption (MP 23, Vicinity of Cedar River Bridge) OWNER/APPLICANT: Nina Roscow, Environmental Coordinator Washington State Department of Transportation WSDOT NW Region PROJECT MANAGER: Jennifer Henning, AICP Planning Manager (425-430-7286) PROPOSAL: The applicant proposes to repair the MSE wall and bicycle trail at Milepost 23.0 along State Route 169, (Maple Valley Highway). The MSE wall was damaged by flood waters from the Cedar River. Repair consists of filling the voids behind the wall with controlled density fill and pressure grouting to raise the moment slab barrier back into position. Approximately 500 lineal feet of damaged HMA pedestrian trail along the base of the wall, including embankment and fencing would also be repaired. PROJECT LOCATION: Mile 23.0, State Route 169, Cedar River Bridge Renton, Washington LEGAL DESCRIPTION: Milepost 23.0, S.R. 169 SEC-TWN-R: S 22 T 23N R 5E WATER BODY/WETLAND: Cedar River Exemption from Shoreline Substantial Development Permit An exemption from d ...,horeline Substantial Development , ermit is hereby granted on the proposed project in accordance with RMC 4-3-090L 14 and RMC 4-9-190C7: 3. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. a. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. b. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment. c. Replacement 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. 5. Emergency construction necessary to protect property from damage by the elements. a. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow for full compliance with this program. b. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed to be the appropriate means to address the emergency situation, upon abatement of the emergency situation, the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, chapter 17-27 WAC or this Shoreline Program shall be obtained. c. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and this Program. d. In general, flooding or other seasonal events that can be anticipated and may occur, but that are not imminent are not an emergency. Exemption from Shoreline Substantial Development Permit The proposed deve,upment is consistent or inconsistent with (check one): CONSISTENT INCONSISTENT xx N/A CONDITION(S) OF APPROVAL: Policies of the Washington State Shoreline Management Act. The guidelines of the Department of Ecology where no Master Program has been finally approved or adapted by the Department. The City of Renton Shoreline Master Program. 1. The applicant shall complete the MSE wall and trail repair within 3 months from the date of this permit. If the work cannot be completed within a 3 month timeframe, then the project will not be considered an emergency, and the applicant shall be required to obtain a City of Renton Shoreline Substantial Development Permit. Attachments: Vicinity Map Site Plan cc: Owner/Applicant Contact File Exemption from Shoreline Substantial Development Permit C.E. Vincent, Director Planning Division RC SE 160!..~ Pi ZONING PW TECIU"11CALSERVICES 07/15108 F6 -15 T23N RSE W 1/2 t N RC 0 200 400 1-l;J !Feet 1·4,800 RC R-14 1~0lh WRyS£ R-4 ~ ~ N N ! j ,.,Ott, Way SE t..H, z a; ~ ~ .... ;::. s 1 att>, N ~--'--·-\,,·-~"""'--"""---,f.J"f --R=~ ~"" ~ ~ !-! G6 22 T23N R5E W 1/2 5322 WSDOT Emergency Project Che __ Jst SR 169 MSE Wall Repair Vic. Cedar River Bridge (MP 23) ( 1>11nt: King WRIA: 8 ; ,I 1,,c,1;,,,; SR 169MP23 ,.,, •t,, t I),.,· 'I'''''" This contract will repair an existing MSE wall damaged by flood waters by filling the voids behind the wall with controlled density fill and pressure grouting to raise the moment slab barrier back into position. This contract will also remove and reconstmct approximately 500 lf of damaged HMA pedestrian trail along the base of the wall, including embankment and fencing. \\';, ,·1 h:·d il·-... I in -.11' ,:d: Cedar River is adjacent to the work, but all work will be above ordinary high water. LSA Co11sult.ilitl11: Y N i111111i1w111 IL111:~c1· -a tlm.'.at by \\Cather. \\·atLTllrn·. llr tithl'r 11.1lurcil ...:ondition:-, th..tt 1:-. lilch lO nccur \~ ithrn si\t; d,1ys of ,1 n::quc.c.t fnr a pcnnit ,1pplicninn. I kcldr;1tin11 tl1' !1rn11incnt f)angL'r issued by: I );l!L': X l.llll'I~L'lll'.\ -:111 i111111cdiak thrc:1110 lih'. tl1l' pnblie. prnpcrty. or ofcn\'1ro11111c11lal dcgradalio11. lkclaratio11 or !~lllcrgcnc> i:-::-.ucd h> William Vlcek Date: January 27, 2009 \CE:\CY l\OTIFIC.\TIO:'\ .\ \\·.-.;11tr1 l.r1\·1rn11!llL'll1'il Affair~ OnicL' nr \VSf)()T Rc!,!innal l.11\·iro11111c11tal Office .-\s:-;1:-tallCL' Needed: y., :\. I) I (J7.0') \ ( ·nrp c;f lng1nc·cr, c·(l11t,1(.:t1.:d: R, .. :lx:cc,1 \lcAndn.~\, l)honc \ umber: 20h. 7frl6() l 2 l \.HlllllCllL-i: \:Olll" \ \\''. )! \\ l{v~'.iun;d 11,ihitnt Biologist or \Vl)];W I lot line ( ·1)t11:tl'lcd: l),n id Brnck l1 lll1]l._' '\t1111b ... -r: T:, pc.: ui' t II' r\ rc.:ci\ cd: \() ! I I\\ lll'CLkd Sta11dard I l P 1\ l{L·cci\ cd l·xpcditcd !IP,\ Rccci,·cd for lrnmi111..·11t Dangi..·r Permit l\ccdt:d: Y/N llatc: fJ 1.07.09 Permit \1..·1..'(kd: \' N l )~1 l C. Ol .U7.UlJ \ Oral HPi\ Appro\'al RccciH'd rnr Emcrgcnc) Work submit wrillcn request to \VD\.'\.V \vithin 30 d,1y·:,.; l'rom th.: oral HPA Appro\·1.il: Dall' Sulm1i11i..xl: -----·----- ( \)lllllll'flh: --·------·-·-·-·· ---- ( ·,l1l[,l1..'[L'1i: Pl1011c :,.,;11111bcr: { .()lillllL'll\'< h·iilui-'.> ·s; Rc:gional Ot'li1..'C ('tl11lac1 ... ,d: -----. Pl10J1L' !\umber: ('n111mc11t": l .1il-;d SlinrL'li11t.' 1)1..,rrnit \l.111:1:;cr ur Slrnrclinc :\d111i11i~tnilnr ('\)lll<ll'.l<:d: J>Jrnn.._-i\11rnhcr: ( ·rnrn11c1n:-.: Date: Da1c: Permit T\ccded: '(/N Lxc111p1inn :\ppro\'1..'d y-\ !late: Pcr111il Needed: Y 'N Signature: Phone No.: ___________ _ Date: