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HomeMy WebLinkAboutReport 1PARTIES OF RECORD Upper Balch Pit Grade and Fill Jim Ballweber King County Department of Transportation Road Services Division 155 Monroe Avenue NE Renton, WA 98056 tel: (206) 296-8226 eml: jim.ballweber@kingcounty.gov (party of record) LUA10-056, ECF, SP Jami Balint Segale Properties LLC PO Box 88028 Tukwila, WA 98138 tel: (206) 575-2000 eml: jbalint@segaleproperties.com (owner / applicant / contact) Updated: 10/05/10 (Page 1 of 1) _ lE k 10 ,AW�„o, a �1TYrl-T7 I v � Amu __- SAve nep=3753r • 3 FT. l iTj, L ity Of 'penton �� 10 I v � dry°y ti �� OS ]i J __- SAve nep=3753r • 3 FT. l iTj, L ity Of 'penton �� i I4 O o0 O 0 C) OD M 0 I cj C) OD cq V3 z _j LLJ in co Cc EP LIJ w M: > - ca LL �w Lu Lu ¢< (1) C) C) w co 0 < Z Ir 0 W T if) C) W) W. w J I fn 4- w N < < (0 V) 0 10 880000088 8008 0 C> 0 0 .. C:) . 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According to the Hearing Examiner's Decision, Segale is responsible for requesting the City of Renton (City) to review the permit and existing circumstances six (6) months prior to the 5 year anniversary of the ten (10) year permit. Per the requirements of the City, Segale has consecutively renewed its Annual Grading License, Permit #B 14005805, and scheduled required inspections without receiving any notices or negative comments. Additionally, no filling has occurred on the site since the approval of Permit #LUA10-056, ECF, SP. We therefore request the City to waive the administrative 5 year review in light of the above information. 'Thank you for your consideration. If you have any questions, please contact me at your convenience. Very truly yours, SEGALE PR ,LC P O B o X 8 8 0 2 8 • T U K W I L A, W A 9 8 1 3 8 • 5 8 1 1 SEGALE PARK ORIVE C • T U K W I L A , WA 8 8 1 8 8 P 2 0 6. 5 7 5. 2 0 0 0 ■ F 2 0 6. 5 7 5. 1 8 3 7 ■ w w w. s e 4 a I e p r o p e r Y i e s. c o m October 6, 2015 Vanessa Dolbee Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 Re: Permit 4LUA10-056, ECF, SP Administrative 5 Year Review Dear Vanessa, Pursuant to the Hearing Examiner's Decision under Condition 9 for the Upper Balch Pit Grade and Fill Reconsideration for Permit #LUA10-056, ECP, SP, Segale Properties LLC (Segale) requests a five (5) year periodic review. According to the Hearing Examiner's Decision, Segale is responsible for requesting the City of Renton (City) to review the permit and existing circumstances six (6) months prior to the 5 year anniversary of the ten (10) year permit. Per the requirements of the City, Segale has consecutively renewed its Annual Grading License, Permit #1314005805, and scheduled required inspections without receiving any notices or negative comments. Additionally, no filling has occurred on the site since the approval of Permit 4LUA10-056, ECF, SP. We therefore request the City to waive the administrative 5 year review in light of the above information. Thank you for your consideration. If you have any questions, please contact me at your convenience. Very truly yours, SEGALE PROAERTIES LLC Mark A. PO Box 88028 • T U K W I L A , WA 9 8 1 3$ • 5 8 1 1 SEGALE PARK DRIVE C • T U K W I L A WA 8 8 1 6 8 P 2 0 6. 5 7 5. 2 0 0 0 F 2 0 6. 5 7 5. 1 8 3 7 ■ w w w. s e g a I e p r o p e r t i e s, c o m ' SEGALE PR.0PFRTIES i A LIM I T F Q LIABILITY COMPANY COMMERCIAL. • INDUSTRIAL • AGRkCULTURAL • NATURAL RESOURCES October 6, 2015 Vanessa Dolbee Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 Re: Permit 4LUA10-056, ECF, SP Administrative 5 Year Review Dear Vanessa, Pursuant to the Hearing Examiner's Decision under Condition 9 for the Upper Balch Pit Grade and Fill Reconsideration for Permit #LUA10-056, ECP, SP, Segale Properties LLC (Segale) requests a five (5) year periodic review. According to the Hearing Examiner's Decision, Segale is responsible for requesting the City of Renton (City) to review the permit and existing circumstances six (6) months prior to the 5 year anniversary of the ten (10) year permit. Per the requirements of the City, Segale has consecutively renewed its Annual Grading License, Permit #1314005805, and scheduled required inspections without receiving any notices or negative comments. Additionally, no filling has occurred on the site since the approval of Permit 4LUA10-056, ECF, SP. We therefore request the City to waive the administrative 5 year review in light of the above information. Thank you for your consideration. If you have any questions, please contact me at your convenience. Very truly yours, SEGALE PROAERTIES LLC Mark A. PO Box 88028 • T U K W I L A , WA 9 8 1 3$ • 5 8 1 1 SEGALE PARK DRIVE C • T U K W I L A WA 8 8 1 6 8 P 2 0 6. 5 7 5. 2 0 0 0 F 2 0 6. 5 7 5. 1 8 3 7 ■ w w w. s e g a I e p r o p e r t i e s, c o m v.2 J or F, ;� J^• y v ^� - — c •- = ? �' rn . Gy' G E s c3 f n M v � � J.— `.' � i v -7�(lai O •� y � c H >"'���' aa''-' �x� .� � n F}�NF � � c° "r ^" Gs]t7 C Lti! r ^s�vti r s y ,�lO .l, D•'',J,� y•;-. •�^ s= y'.J r, ya N C !Y L� yG., R. Ilj `. :� V _j / L +-' = •ti 'S y �' ¢ N U L -^ r tip y y -a ii :J L `. 'U •; y � y C N 3 'M. �'7 �1'= C5 — _ i O � ;q. Y {y C y j:j •� i J .... .0 - C L { _- _�_ sG.. ') t�-- '� rNj�� A n L 4J O ..+ C y OL .� !.OL C.Y. W ,- r y C-� — •-' c y"� J Q- C O F Y � . �• 7 Z c s= • �• "' Q ` � p W °^° c U •T s'.� _c U LL L s -E s Cly. c m o O f� 3 ad o ms N 'C HO ar axi o G03 C? 41:11 C O 'Sr] 1 obs m ;— �n� �� —��i q�� — —. 4. At the time. of annual grading license approval, the applicant shall provide a. renewable cash bond or other instrument acceptable to the City Attorney, in the amount of$3;004 for the purpose of street cleaning in the event the applicant fails to clean the streets of debris from the filling operations.. 5." The applicant shall bring the exiting fence into good condition by, installing screening . 'slats on the south side of the fence,' repairing or replacing all broken slats, and trimming the overgrown landscaping. While the special permit is in effect, the applicant'shall be responsible for the. maintenance of the chain link fence and wooden slats .in, good condition along -the site perimeter for .the purpose of screening and safety:' 6. All existing'trees on the site shall remain until which time it is necessary. to remove the trees for fill purpose -S' Ahe 21 "trees located above the 325 foot elevation, shall be.. maintained, until a reclamation plan has been submitted and been approved by the City... 7. The applicant shall ensure that all gates are locked at the end of each working day. and on weekends, when the.site isnot in use: S.- Priorto filling the area of paved on-site roadway,the asphalt road must be removed from the site to an approved construction and'demolition waste landfill. Documentation. of proper 'disposal shall be submitted to the Developmerit Services Division within 3.0 days of removal: 9. The permit sha.Il 6e valid for a maximum of.l0-'years; six (6) months prior to the five (5) year anniversary,. the applicant shallk`the 'City to administratively review the permit and existingcircumstances TheCity znay admini ratively alter conditions as reasonably necessary to respond to new impacts associated. with the fill .operation or to respond to significant risks "to- i l c health, safety, and' welfare. Such'condi_tions may include limiting:aspects of the permit includiiig hours of operation; days of -operation, or otherwise curtail certain activities: The City shall not have any discretion or ability to-" relax any conditions or leni;.*. the hours br days.of operation. If the applicant believes" such further limitations are iinproper the'ymay appeal the-administrativedecision to the Hearing Examiner or instead opt to apply fora new Special Permit. 10. Approval. of the requested night hauling from 10:00 p.m. to 7:00 a.m. shall be'entirely within, the discretion of the City and shall be reviewed on a"case by cased bases subject to the.following criteria. a: Night hauling shall be allowed only when material is being received from a project that is certified to -perform work.at.night," b:. " The iapplicant shall "provide the Development Services Division written notice of a proposed night hauling •ope'ration.30`days prior to commencing night hauling: With this notice,. the haul route; number of trips, and ,duration of night hauling activity shall be identified, acid c: The Development Services Division shall review the applicant's night hauling proposal and shall have the authority to condition or deny night hauling on a case by case basis pursuant to the following: i.: The night'hauling shall not conflict with special .events in the areas ii: Night haulu►g can be hi=ther limited by the Development Services Fred J Kaufman To: Jami Balint Ca: Vanessa Dolbee Subject: RE: Request for Clarification All correspondence with this office regarding pending land use applications must be part of the public record. Your email and this response will be placed in the official file. Please refrain from replying to this email as that would generate another series of printouts and replies. Any response to your request will be issued by standard US mail. From: Jami Balint mailto:JBalint se ale ro erties.com Sent: Monday, November 15, 2010 11:05 AM To: Fred J Kaufman Cc., Vanessa Dolbee Subject: Request for Clarification Mr. Examiner, The applicant requests that your provide clarification on one element of your decision to approve, with conditions, the Special Use Permit for the Upper Balch Pit (LUA 10-056). In the application materials the applicant included a request for night hauling. The staff report, at page 6, recommends approval of night hauling to be granted on a case by case basis subject to certain criteria. The applicant supports the criteria recommended in the staff report. In your decision you approved the special use permit, with conditions. None of the conditions addressed night hauling although an page 7 of your decision, conclusion #3, you note that night hauling should be reserved for special conditions. Please clarify whether the approval includes the applicant's requested night hauling outright or whether night hauling shall be allowed on a case by case basis subject to approval by the Development Services Division, as recommended by staff. Additionally, if night hauling shall be approved on a case by case basis, please clarify whether the criteria set forth in the staff report, page six, should be used to determine when night hauling should be approved. Without such criteria the applicant is left with no discernable process for consideration of night hauling requests or standard by which night hauling requests will be evaluated. Thank you Jami Balint Segale Properties LLC 5811 Segale Park Drive C, Tukwila, WA 98188 P.Q. Box 88028, Tukwila, WA 98138 (206) 575-2000 ibatint9segaleproperties,com Fred J Kaufman From: Jami Balint [JBalint@segaleproperties.com] Sent: Monday, November 15, 2010 11:05 AM To: Fred J Kaufman Cc: Vanessa Dolbee Subject: Request for Clarification Mr. Examiner, The applicant requests that your provide clarification on one element of your decision to approve, with conditions, the Special Use Permit for the Upper Balch Pit (LUA 10-056). In the application materials the applicant included a request for night hauling. The staff report, at page 6, recommends approval of night hauling to be granted on a case by case basis subject to certain criteria. The applicant supports the criteria recommended in the staff report. In your decision you approved the special use permit, with conditions. None of the conditions addressed night hauling although on page 7 of your decision, conclusion #3, you note that night hauling should be reserved for special conditions. Please clarify whether the approval includes the applicant's requested night hauling outright or whether night hauling shall be allowed on a case by case basis subject to approval by the Development Services Division, as recommended by staff. Additionally, if night hauling shall be approved on a case by case basis, please clarify whether the criteria set forth in the staff report, page six, should be used to determine when night hauling should be approved. Without such criteria the applicant is left with no discernable process for consideration of night hauling requests or standard by which night hauling requests will be evaluated. Thank you Jami Balint Segale Properties LLC 5811 Segale Park Drive C, Tukwila, WA 98188 P.O. Box 88028, Tukwila, WA 98138 (206) 575-2000 ilia lintfcDsegaleproperti es.com Fred J Kaufman From: Jami Balint [JBalint@segaleproperties.com] Sent: Monday, November 15, 2010 11:05 AM To: Fred J Kaufman Cc: Vanessa Dolbee Subject: Request for Clarification Mr. Examiner, The applicant requests that your provide clarification on one element of your decision to approve, with conditions, the Special Use Permit for the Upper Balch Pit (LUA 10-056). In the application materials the applicant included a request for night hauling. The staff report, at page 6, recommends approval of night hauling to be granted on a case by case basis subject to certain criteria. The applicant supports the criteria recommended in the staff report. In your decision you approved the special use permit, with conditions. None of the conditions addressed night hauling although on page 7 of your decision, conclusion #3, you note that night hauling should be reserved for special conditions. Please clarify whether the approval includes the applicant's requested night hauling outright or whether night hauling shall be allowed on a case by case basis subject to approval by the Development Services Division, as recommended by staff. Additionally, if night hauling shall be approved on a case by case basis, please clarify whether the criteria set forth in the staff report, page six, should be used to determine when night hauling should be approved. Without such criteria the applicant is left with no discernable process for consideration of night hauling requests or standard by which night hauling requests will be evaluated. Thank you Jami Balint Segale Properties LLC 5811 Segale Park Drive C, Tukwila, WA 98188 P.O. Box 88028, Tukwila, WA 98138 (206) 575-2000 ibalibalint0( segalepmperties.com AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON) County of King ) ss. Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 2"d day of November 2010, affiant deposited via the United States Mail and Certified Mail Return Receipt Requested a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Si nature ��-A SUBSCRIBED AND SWORN to before me this.) :day of ++lr�•• R Mp-" os •g ti U : a .f pkye�" ? ry P blit -i and for the State o Washington ,]'.•� . 8-P14 y iding at �, . _.� _. , therein. 7 • ����l�att� � �C OF /`1ll II111/ Application, Petition or Case No.: Upper Balch Pit Grade & Fill LUA 10-056, ECF, SP The Decision or Recommendation contains a complete list of the Parties of Record. HEARING EXAMINER'S REPORT November 2, 2010 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/OWNER: CONTACT: PROJECT NAME. LOCATION: f,`I�1TI /\;a•L�7�9 �IlZ�1 .`)w9 SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Segale Properties LLC P.O. Box 88028 Tukwila, WA 98138 Jami Balint Segale Properties LLC P.O. Box 88028 Tukwila, WA 98138 Upper Balch Pit Grade & fill File No.: LUA 10-056, ECF, SP 301 Monroe Ave NE Applicant requested a special grad and Fill permit for one million cubic yards of fill that would be imported into an existing sand/gravel pit. Development Services Recommendation: Approve The Development Services Report was received by the Examiner on October 5, 2010, PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the October 12, 2010 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, October 12, 2010, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Project file containing the original application, reports, staff comments and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Existing Conditions Exhibit No. 4: Cross Sections Exhibit No. 5: Existing Trees Exhibit No. 6: Change of Condition 2 and 9 to the Staff Report Upper Balch Pit Grade & Fill File No.: LUA-10-056, ECF, SP November 2, 2010 Page 2 Exhibit No. 7: Agreement Between King County and Se ale For Road Maintenance of Jefferson Avenue NE The hearing opened with a presentation of the staff report by Vanessa Dolbee Senior Planner, Community and Economic Development, City of Renton, 1055 S Grady Way, Renton, Washington 98057. The Special Permit is to allow the continued filling and reclamation operation of the Upper Balch Pit_ Approximately one million cubic yards of fill would be imported into the existing sand and gravel pit. The site is located at 301 Monroe Avenue NE, it is approximately 14.4 acres in size and currently zoned R-10. It was a permitted sand and gravel pit from 1962 — 1982 and has been a reclamation site since 1982. Previous land fill permits have been approved for this site, the most recent being LUA -00-064 which expired on July 31, 2010. There are no plans to develop the site and the applicant has proposed to fill to an elevation of 325 feet Mean Sea Level which is approximately 5-15 feet below the grade of the surrounding streets and land area. The only existing improvements on the site would be an asphalt road used to bring fill into the site. The road would be removed as the site fills, the road will not remain on the site. The applicant has requested that this permit be for a 10 -year time frame. ERC issued a Determination of Non -Significance, no appeals were filed. When reviewing a Special Grade and Fill permit, the Hearing Examiner would make a determination that the activity would not be unreasonably detrimental to the surrounding area and would consider the following criteria: 1. Size and Location of the Activity, the site is surrounded in the north by smaller parcels of commercial zoned properties, on the east is the Greenwood Cemetery, on the south and west is a light industrial zone. 2. Traffic Volumes and Patterns, the million cubic yards requested fill would fill the site up to the 325 foot elevation, which would result in approximately 200,000 vehicle trips. The haul route would be along NE 3rd which turns into NE 4d' at the top of the hill, riPt onto Jefferson Avenue, the current asphalt access is off of Jefferson Avenue. They might use NE 4t and Monroe Avenue which is located on the east side of the site. The applicants have also requested some extended haul hours, Saturday between 8:30 am and 3:30 pm and nighttime, 10:00 pm to 7:00 am. The night hauls could have impacts on the surrounding neighborhoods. 3. Screening, Landscaping, Fencing and Setbacks, currently surrounding the site is an 8 -foot chain link fence that has wooden slats that provides screening. There are no slats on the south side of the property, the fence appears to be in fair condition and would need to be repaired to an acceptable condition. There are a number of locations on the site where the grade falls quite steeply, the fence does help with pedestrian safety, however all the gates should be locked at the end of each workday and on weekends when the site is not in use. The applicant has requested to remove all trees on site, 566 trees. The trees do provide screening for the pit and should not be removed until the time it is necessary to be removed due to the filling. 4. Unsightliness, Noise, Dust, most of the construction activity would be occurring in the bottom of the pit, surrounding area impacts would be minimal until the elevation grade comes up closer to the street. There have been no complaints from the surrounding areas for noise and dust. Dirt could be tracked to the street of the City Systems, a street cleaning bond should be required and a wheel washing facility if needed. 5. Surface Water, currently water percolates through the ground and the gravel at the bottom of the site, no surface water leaves the site and that would continue when the fill has been completed. The site is located in Aquifer Protection Zone 2, the quality of fill material is restricted by code. The current Upper Balch Pit Grade & Fill File No.: h.UA-10-056, ECF, SP November 2, 2010 Page 3 asphalt road is considered not allowed material for fill in the Aquifer Protection Zone, the road must be removed from the site. 6. Reuse of the Site, there is no development plan however, a reclamation plan should be submitted when the elevation of 325 feet is met. The applicant requested a modification to regrade the steep slopes that were created during the original excavation of this pit. Staff did review the criteria and does recommend the approval of this modification. Jami Balint, PO Box 88028, Tukwila 98138 stated that she is the in-house counsel for the applicant. She concurred with everything stated by Ms. Dolbee. The applicant concurred with 7 of the 9 conditions, Ms. Dolbee stated that she had modified two conditions and those modifications are consistent with the request made by the applicant. They would like to request that the City's authority to impose additional conditions or to limit any aspects of the operation be limited to those conditions that are reasonably necessary to respond to new impacts associated with the operation or to respond to significant risks to public health, safety and welfare. This project has been ongoing to approximately 28 years and in those years there have been no complaints regarding noise, traffic or any other impacts. Dust can be bad, water and reduced speed would be used to reduce impacts of any dust. In response to the Examiner's question regarding renewal of the permit Ms. Balint stated that there were staff turnovers at Segale's, she took on this project in July which gave her only 30 days to get the applicant in. It was done as soon as possible. The asphalt access road would be removed incrementally as the fill is brought in. The asphalt would be hauled off the site. The easement with the City that has currently expired has been presented to the Mayor for signature. The City would be allowed to use the site as a stormwater overflow site for a term of 5 years. This will be temporary until a permanent solution for the stormwater can be found. As the fill continues, the City would need to cut their pipe to keep up with the fill process. The Examiner stated that ultimately the site would be redeveloped with something compatible with the zoning. As the site is filled that fill would be compacted appropriately. Ms. Balint stated that was correct. The plan is that until 325 feet the material itself is sufficient for compaction purposes. Compaction through some mechanical device is required, once the final Special Grade and Fill Permit is completed, for any fill that occurs beyond the 325 foot elevation. Robert Fritz, Supervising Ecologist, King County Department of Transportation, 155 Monroe Avenue NE, Renton 98056 stated that Jefferson Avenue NE is a private road and a special use permit would be needed to use that road for truck traffic. The City of Renton and King County Emergency Shops are located in this area, they operate whenever an emergency happens, there is some concern about truck traffic and especially with the change in hours. Their operation runs 24 hours per day. King County can access their site via both Jefferson and Monroe. The Examiner asked if there had been prior problems with the hauling routes. Mr. Fritz stated that he was not aware of any prior conflicts or problems with the hauling up to this time. Kayren Kittrick, CED pointed out a property line on the map designating that Jefferson Avenue is a private road, not sure about a Special Use Permit that would be between King County and Segale. Jefferson Avenue has been used by the public for several years. Segale should check with King County regarding actual road access in that area. Monroe Avenue is the primary access for the majority of the King County and City of Renton Shops in that area. Upper Balch Pit Grade & Fill File No.: LUA-10-056, ECF, SP November 2, 2010 Page 4 There is one complaint on the board, through Code Compliance, someone thought that the type of fill being dumped on the site was inappropriate. It was proved unfounded. This site has been under agreement with the City of Renton, they have the ability to use the site for overflow. The water gathers in there and seeps into the ground. This entire pit functions as a filter. Behind the City of Renton shops there is a filter station as well. The gravel and sand that this area is based on is a natural filter to the Aquifer_ The stormwater group is very grateful that they are going to be able to continue for at least 5 years, which gives them time to design the system that they are going to need and where they are going to route it. The Examiner asked about the hauling on Saturday. Ms. Kittrick stated that it was not a problem. If there were complaints about the evening hours, they would be shut down immediately. There are no close residences that would be disturbed by traffic at that time of night. If they were using Monroe, it could conflict with a funeral, but that is true of any day of the week at the cemetery. There have been no complaints from the cemetery or RTC. Jefferson and Monroe were built for heavy equipment because the transfer station, maintenance equipment and the big trucks that the City runs, the roads were built for that purpose. Ms. Balint stated regarding the need for a Special Use Permit, on April 12, 1993 the applicant did sign a written agreement with King County regarding road maintenance for Jefferson Avenue NE. The applicant does not see any need for a Special Use Permit from King County because they have been using Jefferson Avenue as access for over 28 years. The agreement has not expired. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:45 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, Jami Balint for Segale Properties LLC, filed a request for a Special Permit for Fill and Grade. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance (DNS). 4. The subject proposal was reviewed by all departments with an interest in the matter. There was no opposition from the public regarding the subject proposal. 6. The subject site is located at 301 Monroe Avenue NE. The subject site is located just south and east of where NE 4th Street and NE 3rd Street intersect. Monroe Avenue NE runs along the eastern boundary of the subject site. A portion of Jefferson Avenue NE runs along the western boundary of the subject site but most of what appears to be Jefferson Avenue is actually a private roadway owned by King Upper Balch Pit Grade & Fill File No.: LUA-10-056, ECF, SP November 2, 2010 Page 5 County in conjunction with their shop site located west and south of the applicant's property. 9. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Medium Density Residential uses, but does not mandate such development without consideration of other policies of the Plan. 10. The subject site is currently zoned Residential -10 (R-10). IL The subject site was annexed to the City with the adoption of Ordinance 2249 enacted in June 1966. 11. The subject site is Iocated in Aquifer Protection Zone 2. 12. A prior Special Permit for Fill and Grade was issued on July 31, 2000. That permit has expired_ 13. The subject site is approximately 14.40 acres. The subject site is rectangular. The subject site takes up almost the entire block between NE 4th Street and NE 2nd on the north and south and Monroe and Jefferson on the east and west with the exception of the retail businesses located along NE 4th Street. 14. The subject site was a gravel quarry and has been excavated. The last special permit started the process of refilling the subject site for reclamation and redevelopment. The pit is approximately 40 to 60 feet deep. Activities are generally confined to the lower reaches of the pit as materials are dumped and settled at the bottom the work progresses upward. An asphalt road allows vehicles to enter the pit from Jefferson and drive downslope to the bottom. A traffic signal is located at the intersection of Jefferson and NE 3rd Street. The applicant has proposed possibly using Monroe Avenue NE for access but currently no access to the pit is located along that street. 15. The subject site is surrounded by an 8 -foot tall chain link fence. The fence has been equipped with slats along the north, east and west sides with no slats on the south side. Staff reports that some portion of the slats are in disrepair and recommends that they be fixed as well as installing slats along the south side. In addition, staff noted that vegetation has been allowed to overgrow sections of the fence. Staff recommended that the vegetation be trimmed and maintained. 16. The applicant estimates that approximately 1,000,000 (one million) cubic yards of material will be needed to fill the quarry site. The estimate is that over a ten year permit, if used regularly, filling will require approximately 200,000 round trips or approximately 10,000 round trips per year. These numbers would depend on the need to dispose of fill material from other excavation projects. 17. The applicant proposes filling the existing pit to an elevation of 325 feet Mean Sea Level. Surrounding terrain is approximately 330 to 345 feet Mean Sea Level. The applicant proposes that the filling stop below surrounding terrain under the fill permit to allow final reclamation plans to be formulated. The permit would expire in ten (10) years whether the level was reached or not. A new permit would be required if the projected elevation of 325 feet were not reached in ten years. 18. Since the subject site is located in the Aquifer Protection Zone code requires any fill material to meet certain quality standards. The quality of fill material is restricted and will need to be appropriately certified to meet City Codd: In addition, as the site is filled the asphalt road access will have to be removed as asphalt is considered demolition waste. 19. The prior permit limited hauling hours to weekdays between the hours of 8:30am and 3:30pm. The applicant has asked that work in the pit be permitted between 7:00am to 8:00pm. The applicants have Upper Balch Pit Grade & Fill File No.: LUA-10-056, ECF, SP November 2, 2010 Page 6 requested some extended haul hours, Saturday between 8:30 am and 3:30 pm and nighttime, 10:00 pm to 7:00 am. The night hauls could have impacts on the surrounding neighborhoods. 20. The excavations of the past created very steep slopes along the sides of the pit. The slopes range to 60 and 70 percent. The Geotechnical report indicated that those slopes were cut near the angle of repose and are generally stable. Those slopes would be defined as Protected Slopes under normal code definitions. The applicant has requested a modification permitting re -grading of protected slopes created during mineral extraction/recovery activities_ 21. A Wetlands Reconnaissance Technical Memorandum found no wetland areas in the pit. Surface water pools in different areas of the pit based on surface conditions and storm drainage discharge which occurs as a result of City stormwater practices permitted by the applicant. 22. Over the course of excavation and refiling the pit, shrubs and trees have grown on the subject site. Approximately 600 Alder and Douglas Firs were inventoried. Section 4-4-130H.1.d exempts tree preservation when justified as part of mineral extraction. Staff noted a majority of the trees are below the surround elevations and that preservation would be impractical as the pit is filled. There is no way to refill the pit and protect trees at lower levels in the pit. CONCLUSIONS: Special Permit for Fill and Grade 1. A special permit to allow fill and grade is subject to the following criteria from Section 4-9-080: a. Compatibility of Proposed Use: The proposed activity would not be unreasonably detrimental to the surrounding area. The Hearing Examiner shall consider, but is not limited to, the following: i. Size and location of the activity. ii. Traffic volume and patterns. iii. Screening, landscaping, fencing and setbacks. iv. Unsightliness, noise and dust. v. Surface drainage. vi. The length of time the application of an existing operation has to comply with non -safety provisions of this Title. The 14 acre site has been active for 40 or 50 years. First, extraction was the major activity and then for the last 10 to 20 years refilling the site has occurred_ Haul routes have been tailored to avoid interference with rush hour traffic in both the morning and evenings. The site is generally separated from residential uses by intervening land uses. The commercial uses to its north present their rear facades to the subject site. The current depth of 40 to 60 feet also serves to insulate neighboring uses from the filling operations. The proposed permit appears to reasonably allow reclamation and eventually reuse for more productive objectives. Upper Balch Pit Grade & Fill File No.: LUA-10-056, ECF, SP November 2, 2010 Page 7 Traffic haul routes that have been used would be used again. The access driveway would exit and enter along Jefferson and head north to the traffic light_ There have been no specific incidents that require special review. The applicant has proposed possible access along Monroe. Until such access is actually proposed and reviewed, Jefferson should remain the route of choice. It appears that the applicant may need to negotiate with King County since the southerly extension of Jefferson may be a private King County road. The applicant shall be responsible for appropriate costs of cleaning and repair of roads which might be affected by the heavy loads over many years. The hours of hauling should always remain subject to the City's discretion as conditions in the area could change. The extension of hours into the weekend or at nights could affect residents in the nearby neighborhoods although none would be immediately affected. Staff concluded that Saturday hauling would not necessarily interfere with traffic and could serve to spread the trips over a longer week. Extending the hours to Sundays or nights should be reserved for special conditions and a blanket approval of such extended hours seems inappropriate. 4. The fence surrounding the site is in need of maintenance and repair including the replacement of missing or broken slats as well as vegetation management and control. In addition, the fence has no slats along its south margin and slats should be installed in those locations. The trees along the lower reaches of the pit might serve for air quality purposes but will yield to filling operations and that cannot be avoided. Trees along the upper slopes where filling might not occur until later in the process or are located above the estimated 325 feet should be retained until till reaches those levels or slopes. The pit obviously is in constant states of change as materials are deposited along its bottom and sides. This can create dust and noise. Watering keeps down dust and noise is contained to some extent by the depth of the work but will increase as the depth becomes less and less. As the pit becomes shallower the City should review the noise levels and potentially curtail the evening on-site operations if complaints occur. b. The City has an agreement that allows it to channel stormwater to the pit. This agreement is obviously subject to the depth of the pit and the remaining storage capacity of the filled in pit. At some time the City will have to provide stormwater capacity or conveyance that does not rely on using the applicant's property. The pit is not designed specifically to filter or treat stormwater and the City's aquifer lies below it. The City should work to eliminate the use of this pit for stormwater control. 7. As the level of the pit reaches approximately 325 feet, the applicant will terminate work under the proposed permit and seek additional review of final reclamation plans and potentially development compatible with the comprehensive plan and the zoning. A close plan will be required. The permit should be issued for the full ten years subject to the City's discretion should circumstances require earlier termination during an annual licensing process. Steep Slope Modification Section 4-3-050N.2.a.ii permits regrading of what might be protected or critical slopes created by mineral or resource extraction subject to the provisions of 4-90250D.2 which state: a. Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; b. Will meet the objectives and safety, function, appearance, environmental protection Upper Balch Pit Grade & Fill File No.: LUA-10-056, ECF, SP November 2, 2010 Page 8 and maintainability intended by the Code requirements, based upon sound engineering judgment; C. Will not be injurious to other property(ies) in the vicinity; d. Conforms to the intent and purpose of the Code; e. Can be shown to be justified and required for the use and situation intended; and 10. Unless the pit is refilled and reclamation completed, the site cannot be used for purposes outlined in the comprehensive plan nor permitted by the zoning. The steep slopes are completely artificial and unless protected by fencing, are a danger to the public. 11. Filling the site will eliminate very steep slopes and the objective dangers such slopes create to the general public. 12. The filling that has occurred up to now has not created any untoward impacts to the nearby properties. 13. Filling, as noted above, will also enable the eventual reuse of the site for uses compatible with the neighborhood. 14. The refilling of the site serves two purposes. Not only does it move the property closer to redevelopment but permits materials from other necessary construction projects to be excavated and imported to this site. 15. In conclusion, the proposed permit and modification appear to serve the public use and interest and remain subject to review by the City if for some reason things get out of hand and the operation creates hazards or nuisances that need addressing. DECISION: The Special Permit for Fill and Grade and the Modification to allow alteration of the steep slopes is approved subject to the following conditions: 1. The applicant shall limit the number of trucks accessing the project site to a maximum of 210 trip ends (truck imported material to the site) per day in order to avoid adverse impacts to the flow of traffic on NE 40' Street. 2. A bond for road maintenance of Jefferson Avenue NE or Monroe Avenue NE, to cover the proportionate share of maintenance or repairs the City finds are necessary as a result of Segale Properties LLC's use of Jefferson Avenue NE or Monroe Avenue NE as a haul route for fill operations at the Upper Balch Pit, may be required in the City's sole discretion. 3. The applicant shall be responsible for establishing a wheel -washing facility for the trucks at the exit from the project site if Development Services Division, in its sole discretion, determines such a facility is necessary. Development Services, in its sole discretion, may curtail importation of materials during the construction of the facility. 4. At the time of annual grading license approval, the applicant shall provide a renewable cash bond or other instrument acceptable to the City Attorney, in the amount of$3,000 for the purpose of street cleaning in the event the applicant fails to clean the streets of debris from the filling operations. Upper Balch Pit Grade &.Fill File No.: LUA-10-056, ECF, SF November 2, 2010 Page 9 5. The applicant shall bring the exiting fence into good condition by, installing screening slats on the south side of the fence, repairing or replacing all broken slats, and trimming the overgrown landscaping. While the special permit is in effect, the applicant shall be responsible for the maintenance of the chain link fence and wooden slats in good condition along the site perimeter for the purpose of screening and safety. 6. All existing trees on the site shall remain until which time it is necessary to remove the trees for fill purposes, the 21 trees located above the 325 foot elevation, shall be maintained, until a reclamation plan has been submitted and been approved by the City. 7. The applicant shall ensure that all gates are locked at the end of each working day and on weekends, when the site is not in use. 8. Prior to filling the area of paved on-site roadway, the asphalt road must be removed from the site to an approved construction and demolition waste landfill. Documentation of proper disposal shall be submitted to the Development Services Division within 30 days of removal. 9. The permit shall be valid for a maximum of I0 -years; six (6) months prior to the five (5) year anniversary, the applicant shall ask the City to administratively review the permit and existing circumstances. The City may administratively alter conditions as reasonably necessary to respond to new impacts associated with the fill operation or to respond to significant risks to public health, safety and welfare. Such conditions may include limiting aspects of the permit including hours of operation, days of operation, or otherwise curtail certain activities. The City shall not have any discretion or ability to relax any conditions or lengthen the hours or days of operation. If the applicant believes such further limitations are improper they may appeal the administrative decision to the Hearing Examiner or instead opt to apply for a new Special Permit. ORDERED THIS 2nd day of November 2010. FRED J. KAUF HEARING EXAMINER TRANSMITTED THIS 2nd day of November 2010 to the parties of record: Vanessa Dolbee City of Renton Renton, WA 98057 Robert Fritz King County Dept of Transportation 155 Monroe Avenue NE Renton, WA 98056 Segale Properties LLC F.O. Box 88028 Tukwila, WA 98138 Jim BalIweber King County Dept of Transportation 155 Monroe Avenue NE Renton, WA 98056 TRANSMITTED THIS 2nd day of November 2010 to the following: Jami Balint Segale Properties LLC P.O. Box 88028 Tukwila, WA 98138 Mayor Denis Law Dave Pargas, Fire Marshal Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Upper Balch Pit Grade & Fill File No.: LUA-10-056, ECF, SP November 2, 2010 Page 10 Julia Medzegian, Council Liaison Gregg Zimmerman, PW Administrator Alex Pietsch, CED Administrator Jennifer Henning, Current Planning Manager Stacy Tucker, Planning Division Marty Wine, Assistant CAO Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Renton Reporter Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., November 16,_2010. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a fling fee of $250.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., November 16, 2010. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. I Zb,r%& 'P% -F - Mllr? 1p 10 0 ning btvis:l v . ■ oRTipp9a[�wun �'�,�� .yy.y .SrWu � ! 1 \1 f FI� 1!d HO -rva tf3d�n un k l W ` t1+ Ir` ililti! 1i;;'1.:`/!/,•' U5,.1� ti1�'yi��` Ii�li/ � 1� :i.r'1; — 5\,X z; ..f,r,, ` �,,..�` ♦r-- r re .off pbj,;``Ifilf� lEs Iiyr;.�Qg; Y ii,r �C�� N. 11, 1 laillr:�ji'gllilitl!! ��_ / ��y \i�Pl'I 'jl:i;i lir $ ilit.Ill '.n`s II'Fip;!4!' ��--- k II!i?I;i 11 i" �i i !III�!1�4;� �` ` 1 •Y—Tt'�� �— Lt�� ) 43 I,p -a-4,§IF gd IT M .w .60 Jr I� '/'—City of den' Pi vis .r SBW Q I V 1 m I n F— N m VN W CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 5th day of October, 2010, 1 deposited in the mails of the United States, a sealed envelope containing Preliminary Report to the Hearing Examiner documents. This information was sent to: Name Representing Jami Balint - Segale Properties LLC Owner/Applicant/Contact Jim Ballweber Party of Record Eft 1'sf (Signature of Sender): - .(�C f s ~ oar • 'x y .' 'O STATE OF WASHINGTON SS COUNTY OF KING } I certify that I know or have satisfactory evidence that Stacy M. Tucker 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: y ,14 Notary kblic in and for the State of Washington Notary (Print): i4 -4. My appointment expires: /A --j L- �-� -. `1 # 3.d (.-3 Upper Balch Pit Grade & Fill LUA10-056, ECF, SP Denis Law city ot. Yo r r f7 + Department of Community and Economic Development Alex Pietsch, Administrator October 5, 2010 Jami Balint Segale Properties LLC PO Box 88028 Tukwila, WA 98138 SUBJECT: Upper Batch Pit Grade & Fill LUA10-056, ECF, SP Dear Ms. Balint: This letter is to inform you that the appeal period ended October 1, 2010 for the Environmental Review Committee's (ERC) Determination of Non -Significance for the above -referenced project. No appeals were filed on the IARC determination therefore, this decision is final. The applicant must comply with all ERC Mitigation Measures outlined in the Report and Decision dated September 13, 2010. Also, a Hearing Examiner Public Hearing has been scheduled for October 12, 2010, where additional conditions may be issued. The applicant or representative(s) of the applicant are required to be present. Enclosed is a copy of the Preliminary Report to the Hearing Examiner for your review. if you have any questions, please feel free to contact me at (425) 430-7314. For the Environmental Review Committee, fvww,,,-Ddbe�__. Vanessa Dolbee Senior Planner Enclosure cc: Jim Ballweber J Party(ies) of Record Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 9 rentonwa.gov DEPARTMENT OF COMMUNITY D ci yof AND ECONOMIC DEVELOPMENT HEARING EXAMINER PUBLIC HEARING October 12, 2010 AGENDA COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: Upper Balch Pit Grade & Fill PROJECT NUMBER: LUA10-056, EGF, SP PROJECT DESCRIPTION: The applicant has requested a Special Grade and Fill permit for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zoned Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. HEX Agenda 10-12-10,doc DEPARTMENT OF COM I- _ _ _41TY � ; "' of AND ECONOMIC DEVELOPMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING DATE: October, 12, 2010 Project Name: Upper Balch Pit Grade & Fill Owner/Applicant: Segale Properties LLC, P.O. Box 88028, Tukwila, WA 98138 Contact: Jami Balint, Segale Properties LLC, P.O. Box 88028, Tukwila, WA 98038 File Number: LUA10-056, ECF, SP Project Manager: Vanessa Dolbee, Senior Planner Project Summary: The applicant has requested a Special Grade and Fill permit for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zoned Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032- 82, SP -033-87, LUA92-174, and LUAOO-064. Project Location: 301 Monroe Ave NE Exist. Bldg. Area SF: None Proposed New Bldg. Area (footprint): N/A Site Area: 14.40 acres Total Building Area GSF: None Project Location Map Upper Balch Pit Grade & Fill HEX Report City of Renton Department of Com ity & Economic Development Pri iary Report to the Hearing Examiner UPPER BALCH PIT GRADE & FILL LUA1D-056, ECF, SF Hearing Date October 12, 2010 Page 2 of 11 A. EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Neighborhood Detail Map Exhibit 3: Existing Conditions Exhibit 4: Cross Sections Exhibit 5: Existing Trees B. GENERAL INFORMATION: 1. Owner(s) of Record: 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: Segale Properties LLC, P.O. Box 88028, Tukwila, WA 98138 Residential 10 dwelling units per acre (R-10) Residential Medium Density (RMD) Gravel excavation reclamation site North: Small scale commercial (CA zone) East: Greenwood Cemetery (R-8 zone) South: City of Renton Maintenance Shops (IL zone) West: King County Roads Department Facilities (1L zone) 6. Access: Jefferson Ave. NE, secondary access is proposed along Monroe Ave. NE. 7. Site Area: 14.40 acres C. HISTORICAL/BACKGROUND: Action Description Land Use File No. Ordinance Date No. Comprehensive Plan N/A N/A 5099 11/1/2004 Zoning N/A N/A 4404 6/7/1993 Annexation N/A N/A 2249 6/20/1966 Special Permit Grade and Fill Permit SP -032-82, SP- N/A Most recent 033-87, LUA92- approval: 174, and LUAQO- 7/31/2000 064 D. PUBLIC SERVICES: 1. Utilities: The site is within the City of Renton service area for both water and sewer. There is currently no stormwater improvements, the site infiltrates completely. HEX Report City of Renton Department of Con ity & Economic Development Pr iary Report to the Nearing Examiner _UPPER BALCH PIT GRADE & FILL _ LUA10-056, ECF, SP Hearing Date October 12, 2010 T Page 3 of 11 2. Streets: All frontage streets are paved with curb and gutter. 3. Fire Protection: City of Renton Fire Department. E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE. 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-060: Zoning Use Table c. Section 4-2-110: Development Standards for Residential Zoning Designations 2. Chapter 4 City-wide Property Development Standards d. Section 4-4-060 Grading, Excavation and Mining Regulations 3. Chapter 8 Permits General and Appeals a. Section 4-8-080 Permit Classification 4. Chapter 9 Procedures and Review Criteria a. Section 4-9-080: Grading, Excavation, an Mining Permits and Licenses 5. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Residential Medium Density Land Use Designation Resource Land G. DEPARTMENT ANALYSIS: 1. Proiect Description/Background The applicant has requested a Special Grade and Fill Permit to allow the continued filling and reclamation operation of the Upper Balch Pit. The applicant is seeking a Special Permit to fill the pit to an elevation of 325 feet Mean Sea Level (MSL) with approximately 1,000,000 cubic yards of imported fill in an estimated time frame of 10 years. The applicant has indicated that fill materials would be the same as permitted under previous permits which include clean dirt, soil, sand, gravel, and other similar clean materials; provided that rock and broken concrete smaller than 8 -inched in diameter and minor organic matter may be included. The Upper Balch Pit is located on the west side of Monroe Avenue NE, just south of NE 4th Street. it is a gravel borrow pit, approximately 14.4 acres in size and about 70 -feet in depth located in the Residential 10 (R-10) dwelling units per net acre zone and the Residential Medium Density (RMD) land use designation. The subject site is currently unusable and undeveloped, there are no structures or improvements on the site other than a paved haul road and a perimeter -screening fence. The applicant has not provided plans for development with this application. However, they have indicated that once the target elevation of 325 feet MSL is reached they would hydrosseed the surface and complete a new permit that would included a final reclamation plan for the final restoration and filling of the site. The Upper Balch Pit was a permitted and authorized gravel excavation operations from 1960-1982. The subject site has been an upland fill and reclamation site since 1982, operating under Special Permits SP -032-82, SP -033-87, LUA92-174, and LUA00-064. The most recent permit LUA00-064 HEX Report City of Renton Department of Com ity & Economic Development Pri tory Report to the Hearing Examiner UPPER BALCH PIT GRADE & FILL LUA10-056, ECF, SP Hearing Date October 12, 2010 Page 4 of 11 expired on July 31, 2010. The applicant has requested that the permit be approved for a ten-year period like the previous Special Permit LUAOO-064. LUAOO-064 limited truck hauling hours to 8:30 am to 3:30 pm Monday through Friday. The applicant has requested that the same haul hours be approved for this permit with the addition of limited night hauling from 10:00 pm to 7:00 am. The applicant has also requested permission to work on Saturdays and to haul on off-peak hours when fill materials is being received from projects that are required to perform work at night. However, the applicant has indicated that these "special" haul hours can be approved on a case by case basis requiring a separate proposal to be submitted to the City for approval 14 days in advance of the proposed hauling. In addition to haul hours the previous Special Permit, LUAOO-064, permitted the applicant to perform work within the pit during regular permitted City work hours of 7:00 am to 8:00 pm Monday through Friday. The applicant has requested to maintain their ability to work in the pit during regular City work hours. The subject site would be accessed off of Jefferson Avenue NE, where a gate is located on the west side of the property and a partially paved road leads into the pit. The applicant has proposed to use Monroe Avenue NE as an alternative access point, however at this time there are no entrances to the property off of Monroe Avenue NE. To the north of the site is a small commercial center including such stores as McDonald's, Renton Collision Center, and Discount Tires, to the east (across Monroe Ave NE) is the Greenwood Cemetery, to the south (across NE 2"d Street) is the City of Renton Maintenance Shops, and to the west (across Jefferson Avenue NE) is King County Roads Department facility and other King County owned properties. The applicant has indicated that any dust on the roadway and/or fill surface area would be mitigated with water. The completed project would not result in dust and/or traffic impacts however during hauling 210 trips per day could occur. The subject site is located within the Aquifer Protection Zone 2 and contains Protected Slopes. The applicant has indicated that only approved clean fill will be imported to the subject site, which complies with the requirements of placing fill in an Aquifer Protection Zone. Furthermore, the applicant has indicated that they will provide the City with an Abbreviated Fill Source Statement to report the source of fill material brought into the pit at such time as the fill source sites are known. The Protected Slopes located on the site were created as a result of the gravel extraction. The applicant provided a Geologic and Sensitive Areas Report prepared by GeoEngineers, dated August 2, 2010. This report indicated that the slopes at the subject site range up to approximately 70 percent and average at around 60 percent for the steeper slopes on site. The report indicates that the slopes were generally cut at or near the angle of repose and have remained reasonably stable and present no risk of the filling operation causing landslides. Furthermore, the applicant has requested a modification pursuant to RMC 4-3-050N.2.a.ii for "re -grading" of a protected slope created through previous mineral and natural resource recovery activities. In addition to the geotechnical report the applicant provided a Wetland Reconnaissance Technical Memorandum prepared by Raedake Associates, Inc. dated July 30, 201.0: Pursuant to this Memorandum, this subject site varies in vegetative cover and hydrology. This is due to the ongoing filling activity that changes the porosity of the soils that line the pit. The eastern and southern slopes of the pit contain black cottonwood, big -leaf maple, red alder as well as Himalayan blackberry, foxglove, common horsetail, and stinging nettle. The central portions of the pits contain scotch broom, Himalayan blackberry, common tansy, Canadian thistle, velvet grass, and tall fescue. The Memorandum concludes that there are no areas within the pit that exhibit wetland characteristics HEX Report City of Renton Department of Com ity & Economic Development Pry Lary Report to the Hearing Examiner UPPER BALCH PIT GRADE & FILL LUA10-056, ECF, 5P Hearing Date October 12, 2010 Page 5 of 11 and the areas where some surface water exists are a result of storm drainage discharge to the site from the adjoining roadways. Since the last filling and/or mining activity at the subject site, a number of trees have grown in the pit. The applicant has indentified 600 Alders and Douglas fir trees that are over four inches in diameter. The majority of the trees are located below the end fill elevation of 325 feet MSL therefore it is not practical to maintain these trees and fill the pit. As such, the applicant has proposed to remove all the trees on the subject site. Pursuant to RMC 4-4-130H.1.d., tree removal as a result of mineral extraction operations is exempt from the protected tree retention requirements of RMC 4-4-130, if the removal can be justified. 2. Environmental Review Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.210, 1971 as amended), on September 13, 2010, the Environmental Review Committee (ERQ issued a Determination of Non - Significance for the project. A 14 -day appeal period commenced on September 17, 2010 and ended on October 1, 2010. No appeals have been filed for the SEPA determination. 3. Staff Review Comments 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 has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 4. Consistency with Special Grade and Fill Permit Criteria In order to grant a special permit, the Hearing Examiner shall make a determination that the activity would not be unreasonably detrimental to the surrounding area. The Hearing Examiner shall consider, but not be limited to, the following: a) Size and Location of the Activity. As noted above, the applicant is seeking approval of a Special Fill and Grade Permit to allow the continued filling of an existing borrow pit. It is estimated that the subject site will accommodate approximately an additional 1,000,000 cubic yards of material. The site is about 14 acres, most of which is taken up by the pit which ranges in depth from 40-60 feet. The project site is located at 301 Monroe Avenue NE, between .Jefferson and Monroe Avenue NE and bounder by NE 2"d Street on the South. The King County shops are located on the west of the project site, Greenwood Cemetery is to the east, the City of Renton Shops are located to the south and a small commercial strip containing several businesses is located north of the site along NE 4th Street. hj Trak Volumes and Patterns. It will take approximately 1,000,000 cubic yards of material to complete the filling of the borrow pit. If the pit is filled during the 10 -year period requested, this equates to approximately 200,000 vehicle trips (1 entering, 1 leaving) or 10,000 round trips/year over the life of the permit. The number of trucks accessing the project site varies considerably depending on the location and the numbers of projects producing excess fill. HEX Report City of Renton Department of Com ity & Economic Development Pn -iory Report to the Hearing Examiner UPPER BALCH PIT G_RADE_& FILL LUA10-056, ECF, 5P Hearing Date October 12, 2010 T Page 6 of 11 As described in the project narrative, the applicant has requested approval to extend truck haul operations to the site between the hours of 8:30 a.m. to 3:30 p.m. on Saturdays and has requested the addition of limited night hauling, from 10.00 p.m. to 7:00 a.m. The Development Services Division anticipates no adverse impacts from the extend Saturday hauling, because the weekday compute peaks and Renton Technical College schedules are not factors. Extending the allowed haul hours to Saturdays would allow truck traffic to be spread over a longer period of time, lessening the traffic impact. Approval of the requested Saturday truck haul operation between the hours of 8:30 a.m. to 3:30 p.m. is granted subject to the approval of the Special Fill and Grade Permit. However, the requested option of night hauling could potentially have impacts on the surrounding neighborhood, depending upon the amount of trips to be held at night, and the proposed haul rout. If the haul rout avoided residential areas, potential impacts to residents would be limited. The subject site is surrounded by industrial and commercial uses and a Cemetery; there are currently no residences in the immediate area. Night hauling would have minimal to no traffic impacts. Approval of the requested night hauling from 10:00 p.m. to 7:00 a.m. will be granted on a case by cased bases subject to the following criteria. • Night hauling shall be allowed only when material is being received from a project that is required to perform work at night, • The applicant shall provided the Development Services Division written notice of a proposed night hauling operation 14 days prior to commencing night hauling. With this notice, the haul rout, number trips and duration of night hauling activity shall be identified, and • The Development Services Division shall review the applicant's night hauling proposal and shall have the authority to condition or deny night hauling on a case by case basis pursuant to the following: • The night hauling shall not conflict with special events in the area, • Night Hauling can be further limited by the Development Services Division based on complaint history, and • If the night hauling cannot be performed without posing a significant risk to the public health, safety or welfare. As a condition of approval for the last Special Permit (LUA00-064), the applicant was limited to a maximum of 210 trip ends (truck importing material) to the site per day in order to avoid adverse impacts to the flow of traffic on NE 4th Street. Staff recommends that this condition remain. This equates to approximately one truck trip every two minutes. The applicant proposed to primarily utilize Jefferson Avenue NE for ingress and egress (trucks can turn around in the pit). This route will allow traffic to be controlled via the signal light at the intersection of Jefferson Avenue and NE 3rd Street. In the event of an organized trucking effort, and the creation of a new access point, Monroe Avenue NE may also be used. In this case the signal light at Monroe Avenue NE and NE 4th Street would control traffic. The hauling rout on both Jefferson Avenue NE and Monroe Avenue NE is anticipated to result in impacts to these Public streets, as such staff recommends a condition of approval that a bond for road maintenance may be required at the City's sole discretion, as required under Permit LUA00-064, HEX Report City of Renton Department of Corr ity & Economic Development Pr, 7ary Report to the Hearing Examiner UPPER BALCH PIT GRADE & FILL LUA10-056, ECF, SP Hearing Date October 12, 2010 Page 7 of 11 cj Screening, Landscaping, Fencing and Setbacks. There is an eight -foot tall fence around the perimeter of the project site. The fence is chain link with site -obscuring slats on the north, east and west sides. No slats are inserted into the fence on the south (2nd Street) side of the property. City staff has visited the site and the fence appears to be in fair condition. There are many broken slats on the north, east, and west sides of the pit and Himalayan blackberry and sagebrush has overgrown many sections of the fence. Under permit LUA00-064, condition #6 required the applicant to maintain the chain link fence; however the last permit was issued 10 -years ago, and a number of the slats have deteriorated since the last permit was issued. As such staff recommends as a condition of approval, that slats are installed on the south side of the fence, all broken slats shall be repaired or replaces, the overgrown landscaping shall be trimmed and the fence shall be maintained this good conditions for the remainder of the permit. In the past the possibility of providing landscaping around the perimeter of the site was investigated. It was the conclusion of the City staff that there was inadequate room between the wall of the pit and the road improvements to provide an adequate landscape buffer. This condition still exists today. Considering the surrounding uses, no additional screening or landscaping beyond the existing fence is recommended. The current condition of the site results in steep grades the fall quickly from the existing sidewalk edge. The existing fence provides for pedestrian safety, however at the access points where gates exist; individuals could enter the site, resulting in an unsafe environment. As such, staff recommends a condition of approval that all gates are locked at the end of each working day and on weekends when the site is not in use. Furthermore, as a part of the fill project the applicant has proposed to remove all the trees that have grown in the barrow pit over the years. Pursuant to the Existing Tree plan sheet, 21 trees are located above the 325 foot elevation. These trees also provide screening, habitat, and some aesthetic value to a reclamation site. As such, staff recommends as a condition of approval that all trees remain in until which time it is necessary to remove the trees for fill purposes, and that the 21 trees above the 325 foot elevation, shall be maintained, until an reclamation plan has been submitted and been approved by the City. dj Unsightliness, Noise, Dust. The borrow pit which is being filled is approximately fifty to sixty feet deep. The majority of construction activity occurs at the bottom of the pit and cannot be seen or heard from the surrounding area. The City has not received any complaints on the project regarding unsightliness or noise. City staff believes the limits on the hours of operation will prevent the filling of the pit from becoming a nuisance as the pit is filled and operational actives begin to occur at surface level. Furthermore, this permit would allow filling to occur to a level of 325 feet mean sea level (MSL) which is between 5 and 15 feet below the street level surrounding the site. City staff is concerned that dirt could be tracked from the borrow pit onto the adjacent City streets, especially during the later stages of the fill and grade activity. Conditions #4 and #5 of LUA00-064 as well as conditions in SP -92-174 addressed this concern by requiring a $3,000 street cleaning bond and establishment of a wheel -washing facility if the City determines it is needed. Staff recommends these conditions remain in effect. HEX Report City of Renton Department of Con ity & Economic Development Pr Tory Report to the Hearing Examiner UPPER HALCH PIT GRADE & FILL LUA10-056, ECF, SP Hearing Date October 12, 2010 Page 8 of 11 At this time erosion control would not be necessary as the proposed site is a pit, and erosion would not leave the pit. However, erosion control would be required for any fill beyond the proposed elevation of 325 feet MSL. ej Surface Water The sides of the floor of the pit are gravel. Water percolates quickly through the gravel, although there are now areas that were filled during previous permits with less permeable fill material where water temporarily collects and percolates more slowly. No surface water runoff currently leaves the pit, nor would leave the pit when the end elevation of 325 feet MSL is reached. As mentioned in the project narrative, a Wetland Reconnaissance Technical Memorandum prepared by Raedake Associates, Inc. dated July 30, 2010 was submitted with the application. This memorandum concludes that there are no areas within the pit that exhibit wetland characteristics and the areas where some surface water exists are a result of storm drainage discharge to the site from the adjoining roadways Additionally, the property owners have entered into an agreement with the City of Renton to allow the discharge of Stormwater overflow from Monroe Avenue NE to the Upper Balch Pit property. This agreement has been in place since 1996 and expired upon expiration of the last Special Grade and Fill Permit for this site, July 31, 2010. However, currently City staff is working on an interim agreement that would permit the continuation of the stormwater discharge to the subject pit until such time as the pit is filled or the City provides adequate capacity to the storm drainage system to accommodate surface water runoff from the roadway. Under current conditions, storm water flows to the site via an 18 -inch diameter pipe and a second 24 -inch diameter pipe that discharged stormwater as overland flow, eventually collecting in the lower portion of the pit and infiltrating into the ground. The site is located within Aquifer Protection Zone 2. The quality of fill material is restricted by code to protect the City's sole source aquifer. The applicant has indicated that they will provide the City with an Abbreviated Fill Source Statement to report the source of fill material brought into the pit at such time as the fill source sites are known. The applicant shall be required to comply with existing City codes and regulations as they pertain to fill material for the Aquifer Protection Zone. There is an existing paved road located on site that is used for access to the bottom of the pit and to clean mud and debris from truck tires before entering onto City streets. Since asphalt falls under the definition of Demolition Waste, it is not an allowed fill material and must be removed from the pit. Under previous permits, LUA00-064, the removal of this road was a condition of approval; staff recommends this condition remains in effect. fl Reuse of Site. The applicant is requesting the Special Fill and Grade Permit be approved for a period of ten years or until the desired fill elevation of 325 feet MSL is reached; whichever comes first, in accordance with RMC 4-9-080F.10., which states "Special Permits are valid until the approved plans have been satisfactorily completed." However, under permit LUA00-064, condition of approval #8 and #9 required a permit review prior to the five year anniversary of the subject permit and allowed for the city to revoke this permit if the applicant is found to be out of compliancy with of the conditions of approval, staff recommends these conditions remain in effect. The surface level of the area surrounding the pit is at approximate 330-345 feet MSL. Staff recommends that the applicant submit a reclamation plan when the elevation reached the 32S foot HEX Report City of Renton Deportment of Com ity & Economic Development PrP Tory Report to the Hearing Examiner UPPER BALCH PIT GRADE & FILL _ LUA10-056, ECF, SP Hearing Date October 12, 2010 _ Page 9 of 11 level. This plan shall contain elements to address surface and subsurface drainage controls, erosion controls, and a landscaping element. The plan shall be submitted within thirty days of a portion of the fill area reaching the 325 —foot level. No fill over 325 feet MSL shall be allowed until the closure plan is submitted and a new Special Fill and Grade permit is approved by the City of Renton. The applicant is requesting only to fill the site; no other uses or development is proposed at this time. Future redevelopment on this site would require the appropriate level of review by City staff. Due to the size of the project site and level of development that could occur here in the future, it is anticipated that a public hearing before the Hearing Examiner would be required. g) Transferability of Special Permit This permit would run with the land and could be transferred to future property owners. h) Permit Expiration Staff recommends that the permit expires ten (10) years from the date of approval, or upon reaching and average fill level of 325 -feet whichever occurs first. i) Revocation of Permit The Community and Economic Development Department is authorized to revoke any annual license issued pursuant to the terms of the Grading, Excavation and Mining Regulations if after due investigation is determined that the permittee has violated any of the provisions of this Ordinance. Notice of revocation shall have reasonable time not to exceed forty-five (45) days in which to remedy the defects or omission specified. In the event that the licenses fails or neglects to do so within the time period, the order of revocation shall be final. A total or partial stop work order may be issued for good reason. 5. Steep Slope Modification Request An applicant may request that the Administrator grant a modification to allow re -grading of any slope which was created through previous mineral and natural resource recovery activities. The applicant has requested a modification pursuant to RMC 4-3-050N.2.a.ii for "re -grading" of a protected slope created through previous mineral and natural resource recovery activities. Renton Municipal Code 4-3-050N.2 allows the Administrator to grant modifications from the Geologic Hazards standards for individual cases provided that the modification meets the following criteria (pursuant to RMC 4-9-250D.2): a) Substantially implements the policy direction of the policies and objectives of the Comprehensive Plan Land Use Element and the Community Design Element and the proposed modification is the minimum adjustment necessary to implement these policies and objectives; The proposal is a continuation of the site reclamation activity approved by four separate Special Fill and Grade Permits over the last 28 -years. The work implements the policy direction and objectives of the Comprehensive Plan because the completion of the reclamation project would change an unusable 14.4 acre property into a development site in the R-10 zone. Creating the ability to develop an old borrow pit, would be support by, Goal 1 of the Land Use Element which states, "Plan forfurther growth of the Urban Area based on regionally developed growth forecasts" and by Policy LU -140 which supports new neighborhoods on larger land tracts on hills and plateaus in addition to infill development on vacant and underutilized parcels. Many other policies and objectives of the HEX Report City of Renton Department of Com ity & Economic Development Prr ?cry Report to the Heoring Examiner UPPER BALCH PiT GRADE & FiLL _ LUA10-056, ECF, SP Hearing Date October 12, 2010 � T Page 10 of it Comprehensive Plan address growth and infill development, the completion of the proposed project would change an unusable parcel into usable land area, which would further meet the Cities growth targets, be supported by the Growth Management Act, and be the minimum adjustment necessary to implement these policies and objectives. b) Will meet the objectives and safety, function, appearance, environmental protection and maintainability intended by the Code requirements, based Upon sound engineering judgment; The applicant provided a Geologic and Sensitive Areas Report prepared by GeoEngineers, dated August 2, 2010. This report indicated that the slopes at the subject site range up to approximately 70 percent and average at around 60 percent for the steeper slopes on site. The report indicates that the slopes were generally cut at or near the angle of repose and have remained reasonably stable and present no risk of the filling operation causing landslides. Filling a pit with "walls" that were manmade would meet the objectives and safety, function, appearance, environment protection and maintainability intend by the Code. The work would be safe, consistent with code requirements, is screen from public view, does not harm the environment outside the pit and serves to restore the property for future residential development. c) Will not be injurious to other property(s) in the vicinity; The project is located at 301 Monroe Avenue NE and is surrounded by compatible land uses including, the Greenwood Cemetery to the east, King County services to the west, City of Renton Shops to the south and a small commercial area to the north. The proposal does not cause injury to neighboring properties, no stormwater would leave the site and the proposed filling action would not increases risk of landslide or erosion to surrounding properties. The proposed project is beneficial in that is will remove the adjacent slopes and restore the site to developable property. d) Conform to the intent and purpose of the Code; The proposal conforms to the intent and purpose of the code by restoring the borrow pit for future residential use. The slopes are manmade and their removal would re-establish the natural contours of the site. e) Can be shown to be justified and required for the Use and situation intended, and The property is zoned for future residential use which restoration of the site would allow. f) Will not create adverse impacts to other property(s) in the vicinity. As stated under criterion c. above the proposed filling of the pit would not create significant adverse impacts to properties in the vicinity and would serve to restore the site for its intended use. Recommendation Based on the above analysis staff recommends approval of the Modification of the Critical Areas Ordinance to allow the filling and grading of steep slopes in the Upper Balch Pit. HEX Report City of Ren tan Department of Con ity & Economic development Pr nary Report to the Hearing Examiner UPPER BALCH PIT GRADE & FILL LUA10-056, ECF, SP Hearing Date October 12, 2010 Page 11 of 11 H. RECOMMENDATION: Staff recommends approval of the Segale Properties, LLC, application; Project File No. LUA10-056, for a Special Permit for Fill and Grade to fill an existing 14.4 acre borrow pit with approximately 1,000,000 cubic yards of material, subject to the following conditions: 1. The applicant shall limit the number of trucks accessing the project site to a maximum of 210 trip ends (truck imported material to the site) per day in order to avoid adverse impacts to the flow of traffic on NE 4th Street. 2. A bond for road maintenance of Jefferson Avenue NE or Monroe Avenue NE may be required in the City's sole discretion. 3. The applicant shall be responsible for establishing a wheel -washing facility for the trucks at the exit from the project site if Development Services Division, in its sole discretion, determines such a facility is necessary. Development Services, in its sole discretion, may curtail importation of materials during the construction of the facility. 4. At the time of annual grading license approval, the applicant shall provide a renewable cash bond, or other instrument acceptable to the City Attorney, in the amount of$3,000 for the purpose of street cleaning in the event the applicant fails to clean the streets of debris from the filling operations. 5. The applicant shall bring the exiting fence into good condition by, installing screening slats on the south side of the fence, repairing or replacing all broken slats, and trimming the overgrown landscaping. While the special permit is in effect, the applicant shall be responsible for the maintenance of the chain link fence and wooden slats in good condition along the site perimeter for the purpose of screening and safety. 6. All existing trees on the site shall remain until which time it is necessary to remove the trees for fill purposes, the 21 trees located above the 325 foot elevation, shall be maintained, until an reclamation plan has been submitted and been approved by the City. 7. The applicant shall ensure that all gates are locked at the end of each working day and on weekends, when the site is not in use. B. Prior to filling the area of paved on-site roadway, the asphalt road must be removed from the site to an approved construction and demolition waste landfill. Documentation of proper disposal shall be submitted to the Development Services Division within 30 days of removal. 9. This permit shall be valid for a maximum of 10 -years; six (6) moths prior to the five (5) year anniversary, the applicant shall ask the City to review the permit and existing circumstances. The City may administratively alter conditions, and shall in it sole discretion limit aspects of the permit including hours of operation, days of operation, or otherwise curtail certain activities. The City shall not have any discretion or ability to relax any conditions or lengthen the hours or days of operation. If the applicant believes such further limitations are improper they may instead opt to apply for a new Special Permit. HEX Report E ' s�awor� avy 7r 0 3au1. -vAy af_3��3f n4 _ Z v w COdl�Tf`� .. . i CO R = h CL l . a ¢ LU €€ d of 'ento ruing b;visi 871. L u MAP FOR rA- LONA W I LIE, L', GRAC'WLC SUALE SE-cALE Pi=tc )FERTES UPPER 9T c 11 �11 a M Ol UO[SIP U01u; x Ga .. v F� O 4Y I' m OND (DD CO O O [tea CO.7 W �iH O 6 O C." O Vi O CT O U� Q CT O{` 0 0 0 0 0 0 0 0 0 0 0 0 i UPPER BAL(as PIT Onim ffiii m,_ �.1 a -e :. al m CO <D 0 0 0 W ON N C:,3 O UI OOPO f1H 4 0 0 0 0 Q O O O p Q Q 000000000000 FQ uiuueld 0i E I h I i Ii Ni 0 -- b o O i I m v F� O 4Y I' m OND (DD CO O O [tea CO.7 W �iH O 6 O C." O Vi O CT O U� Q CT O{` 0 0 0 0 0 0 0 0 0 0 0 0 i UPPER BAL(as PIT Onim ffiii m,_ a _ice w`J@ML3t i�tl f�h�iildY — - � y'�d :-ic, b�cldfl :7J :asA..��:�s�r.��_ sdLLki3o`Oad �T7S — 5Z'uE9 M ;:W ,bU �b�l N L- - BOLSSZ M.�.$1 BBN __ _. ht, ._� GN co City of Renton Planning Division AUG 11 City o ( NOTICE OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERNIINATFON Of NON -SIGNIFICANCE DNS) POSTED TO NCTEFY INTERESTED PERSDN5 OF AN ENVIRONMENTAL ACTION PROJECT NAME: Upper Balch Plt Grade 8 Fill PROJECT NUMAERI LLIA10-056, ECF, SP LOCATION: 301 Mon.. A... ue NE DESCRIPTION: Th. aPPII has requested a Special Grade and FIJI P--" and `$EPA Environmemal I.,,—for 1 Mullan cubic Yards o1 RII that would be Imported Into an a.Islln[ sand jgraed pit. The 101.1 NO. area is 14A ores and I. looted at 301 Mon.. Avenue NE. Tho blett the Is —d Residrndal 10 OR - 10 dw.11lnf units par net xr.. The Upper Balch PI a permitted sandlgra.ef pit from L962 to 1993. The sit. has baron an upland RII and repamatlan site since 1952. Th. latvrt APpmval to conduct cell & redamatlon eI,pired on luff 31, 2010. Th, million yards of 1111 pmpoeed under this appbgtion wowd template IM rwst.radon of the ON. A wemnd r...nnalssance and a.atechnlcal Npon was p—lded whh I appllcatlon. Pr I.. land use RI. numbers Ira SP -032.92, 6P-033,67, LUA92474, and LUAD(I THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE IERC) HAS DETERMINER THAT THE PRCPOSED ACTION DOES NOT HAVE A 51GNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmentai determination must be Rled in writing on or before 5:00 P.M. on October 1, 2010. Appeals must be filed In wrhing together with the required lee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Elsatninar are governed by City of Ren10n Municipal Code Section 4-9-110.6. Additional Inlormatlon regarding the appeal process may be obtained from the Renton City Clerles Office, 1425) 430.6510, A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CFTy HALL 1655 SOUTH GRADY WAY, RENTON, WASHINGTON, ON OCTOBER 12, 2010 AT gree AM TO CONSIDER THE SPECIAL GRADE & RLL PERMIT. IF THE ENVIRONMENTAL DETERMINATION 15 APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC 1r a CERTIFICATION I, hereby certify that copies of the above document were posted in conspicuous places or nearby the described property on Date: b Signed: STATE OF WASHINGTON ) 1 SS COUNTY OF KING I certify that I know or have satisfactory evidence that Nl &�.eil-e ,D e yra',, signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Put in and for the State of Washington Notary(Print): (�_ Q. 6r,d'-el- My appointment expires: 5s jQ11,200 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 16th day of September, 2020, 1 deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: Name Representing Agencies See Attached Peter Sahakangas Applicant/Contact Hannah Wong - D & C Wong I, LLC Owner 47 (Signature of Sender): Oft s STATE Of WASHINGTON ) ft s SS COUNTY OF ICING } `rl �nff1#Of I certify that I know or have satisfactory evidence that Stacy M. Tucker 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: - ,. I&., �iu c. Notary Public in and for the State of Washington Notary (Print): r� - My appointment expires: t et i Project Name!" :: Grocery Outlet Projec,Numbe LUA10-057, ECF template - affidavit of service by mailing 14 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 — 172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwarnish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015172 nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn: SEPA Reviewer Ms. Shirley Marroquin PO Box 48343 PO Bax C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Sox 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing -1900 City of.. OF ENVIRONMENTAL DETERMINATION AND PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE (DNS) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Upper Balch Pit Grade &Fill PROJECT NUMBER: LUA10-056, ECF, SP LOCATION: 301 Monroe Avenue NE DESCRIPTION: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zoned Residential 10 (R- 10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on October 1, 2010. 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 City of Renton Municipal Code Section 4-8-110.6. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON OCTOBER 12, 2010 AT 9:00 AM TO CONSIDER THE SPECIAL GRADE & FILL PERMIT. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. IVFIftFa t 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. Denis Law CA O Mayor Department of Community and Economic Development September 15, 2010 Alex Pietsch, Administrator Jamie Balint Segale Properties EEC PO Box 88028 Tukwila, WA 98138 SUBJECT: ENVIRONMENTAL THRESHOLD (SEPA1 DETERMINATION Upper Balch Pit Grade & Fill, LUA10-056, ECF, SP Dear Ms. Balint: This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that they have completed their review of the environmental impacts of the above -referenced project. The Committee, on September 13, 2010, decided that your project will be issued a Determination of Non-Sigriificance. Please see the enclosed ERC Report and Decision for more details. The City of Renton ERC 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). This decision was made by the ERC under the authority of Section 4-6-6, Renton Municipal Code, after review of a completed environmental checklist and other information, o.n file with the lead agency. This information is available to the public on request. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on October 1, 2010. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 105.5 South Grady Way, Renton, WA 98057. Appeals to the Examiner are.governed by City of Renton Municipal Code Section 4-8- 110.6. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A Public Hearing will be held by the Renton .Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on October 12, 2010 at 9:00 a.m. to consider the Special Grade & Fill Permit. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the hearing. If.the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. Renton City Hall e 1055 South Grady Way • Renton, Washington 98057 • rentonwa_gov Jamie Balint Page 2 of 2 September 15, 2010 If you have any questions or desire clarification of the above, please call meat (425) 430-7314. For the Environmental Review Committee, fvv-,�—D L-11AUL, Vanessa Dolbee (Acting) Senior Planner Enclosure CC: Segale Properties LLC / Owner !im BaIIweber / Party(ies) of Record Denis Law -- Mayor City 0 f � - fN � f Department of Community and Economic Development September 15, 2014 Alex Pietsch, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) DETERMINATION Transmitted herewith is a copy ofthe Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on September 13, 2010: DETERMINATION OF NON -SIGNIFICANCE PROJECT NAME: Upper Balch Pit Grade & Fill PROJECT NUMBER: LUA10-056, ECF, 5P LOCATION: 301 Monroe Avenue NE DESCRIPTION: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for. 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and. is -zoned Residential 10 (111-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been. an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on October 1, 2010. 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 City of Renton Municipal Code Section 4-8- 110.B. Additional information regarding the appeal process may be obtained from the Renton 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) 430-7314. Renton City Hall 9 1055 South Grady Way 9 Renton, Washington 98057 9 rentonwa.gov Washington State Departme cology Page 2 of 2 September 15, 2010 For the Environmental Review Committee, -rVM4WU-D LI/ACQ-, Vanessa Dolbee (Acting) Senior Planner Enclosure cc_ King County Wastewater Treatment Division Ramin Pazooki, WSDOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program U5 Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation DEPARTMENT OF COMMUNITY City of Q AND ECONOMIC DEVELOPMENT DETERMINATION OF NON -SIGNIFICANCE APPLICATION NUMBER APPLICANT: PROJECT NAME: ADVISORY NOTES LUA10-056, ECF, SP Segale Properties LLC Upper Balch Pit Grade & Fill DESCRIPTION OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is zoned Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. LOCATION OF PROPOSAL: 301 Monroe Avenue NE LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division Advisory Notes to Applicant. The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Plate 1. 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. Plan Review: 1. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. 2. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. 3. eekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the Public Works Inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities is required prior to Temporary Certificate of Occupancy. ERG Advisory Notes Page 1 of 1 �,_,,� DEPARTMENT OF COMMUNITY City of � � Ono `,. AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE (DNS) APPLICATION NUMBER: APPLICANT: PROJECT NAME: LUA10-056, ECF, SP Segale Properties LLC Upper Balch Pit Grade & Fill DESCRIPTION OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is zoned Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. LOCATION OF PROPOSAL: 301 Monroe Avenue NE LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development This Determination of Non -Significance is issued under WAC 197-11-340. 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 October 1, 2010. 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 City of Renton Municipal Code Section 4-8-110.8. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: September 17, 2010 September 13, 2010 Gregg Zim , Administrator 69te, Public Works Department -A L_ 6rics Ito Terry Higashiyama, Administrator Date Community Services Department Marc Peters n, Administrator Fire & Emergency Services hll�aco Alex'PietscFi, Admhhistrator Department of Community & Economic Development �11_311C - Date q I.) 16 Date DEPARTMENT OF COIF.. -.UNITY _ AND ECONOMIC DEVELOPMENT ' ' T��l..0 —n ENVIRONMENTAL REVIEW COMMITTEE MEETING AGENDA TO: Gregg Zimmerman, Public Works Administrator Terry Higashiyama, Community Services Administrator Mark Peterson, Interim Fire & Emergency Services Administrator Alex Pietsch, CED Administrator FROM: Jennifer Henning, Current Planning Manager MEETING DATE: Monday, September 13, 2010 TIME: 3:00 p.m. LOCATION: Sixth Floor Conference Room #1620 THE FOLLOWING IS A CONSENT AGENDA Upper Balch Pit Grade & Fill (Dolbee) LUA10-056, ECF, SP Location: 301 Monroe Avenue NE. Description: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is zoned Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. . Grocery Outlet (Timmons) L UA10-057, ECF Location: 2809 NE Sunset Blvd. Description: The applicant is requesting Environmental (SEPA) Review for a change of use. The existing 21,402 square foot bowling alley would be converted into a retail food market for Grocery Outlet. The proposal also includes facade modifications along the western and southern elevations of the existing structure. Striping, for the surface parking lot, would remain for the existing 42 stalls. Two additonal stalls would be created for the ADA access. cc: D. Law, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, CED Director W. Flora, Deputy Chief/Fire Marshal Richard Perteet, Deputy PW Administrator - Transportation C. Vincent, CED Planning Director N. Watts, Development Services Director L. Warren, City Attorney F. Kaufman, Hearing Examiner D. Pargas, Assistant Fire Marshal J. Medzegian, Council DEPARTMENT OF COMMUP City of AND ECONOMIC DEVELOPMENT ------- ENVIRONMENTAL _ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: September 13, 2010 Project Name: Upper Balch Pit Grade & Fill Owner/Applicant: Segale Properties LLC, P.O. Box 88028, Tukwila, WA 98138 Contact: Jami Balint, Segale Properties LLC, P.O. Box 88028, Tukwila, WA 98038 File Number: LUA10-056, ECF, SP Project Manager: Vanessa Dolbee, (Acting) Senior Planner Project Summary: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zoned Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032- 82, SP -033-87, LUA92-174, and LUA00-064. Project Location: 301 Monroe Ave NE Exist. Bldg. Area SF: None Proposed New Bldg. Area (footprint): None Proposed New Bldg. Area (gross): Site Area: 14.40 acres Total Building Area GSF: None STAFF Staff Recommends that the Environmental Review Committee issue a RECOMMENDATION: Determination of Non -Significance (DNS). Project Location Map FRC Report 10-056.doc City of Renton Department of Communit conomic Development E nmental Review Committee Report UPPER BALCH PIT GRADE & FILL LUA10-056, ECF, 5P Report of September 13, 2010 Page 2 of 5 PART ONE: PROJECT DESCRIPTION / BACKGROUND The applicant has requested a Special Grade and Fill Permit and Environmental Review to allow the continued filling and reclamation operation of the Upper Balch Pit. The applicant is seeking a Special Permit to fill the pit to an elevation of 325 feet Mean Sea Level (MSL) with approximately 1,000,000 cubic yards of imported fill in an estimated time frame of 10 years. The applicant has indicated that fill materials would be the same as permitted under previous permits which include clean dirt, soil, sand, gravel, and other similar clean materials; provided that rock and broken concrete smaller than 8 -inched in diameter and minor organic matter may be included. The Upper Balch Pit is located on the west side of Monroe Avenue NE, just south of NE 4th Street. It is a gravel borrow pit, approximately 14.4 acres in size and about 70 -feet in depth located in the Residential 10 (R-10) dwelling units per net acre zone and the Residential Medium Density (RMD) land use designation. The subject site is currently unusable and undeveloped, there are no structures or improvements on the site other than a paved haul road and a perimeter -screening fence. The applicant has not provided plans for development with this application. However, they have indicated that once the target elevation of 325 feet MSL is reached they would hydrosseed the surface and complete a new permit that would included a final reclamation plan for the final restoration and filling of the site. The Upper Balch Pit was a permitted and authorized gravel excavation operations from 1960-1982. The subject site has been an upland fill and reclamation site since 1982, operating under Special Permits SP - 032 -82, SP -033-87, LUA92-174, and LUA00-064. The most recent permit LUA00-064 expired on July 31, 2010. The applicant has requested that the permit be approved for a ten-year period like the previous Special Permit LUA00-064. LUA00-064 limited truck hauling hours to 8:30 am to 3:30 pm Monday through Friday. The applicant has requested that the same haul hours be approved for this permit with the addition of limited night hauling from 10:00 pm to 7:00 am. The applicant has also requested permission to work on Saturdays and to haul on off-peak hours when fill materials is being received from projects that are required to perform work at night. However, the applicant has indicated that these "special" haul hours can be approved on a case by case basis requiring a separate proposal to be submitted to the City for approval 14 days in advance of the proposed hauling. In addition to haul hours the previous Special Permit, LUA00-064, permitted the applicant to perform work within the pit during regular permitted City work hours of 7:00 am to 8:00 pm Monday through Friday. The applicant has requested to maintain their ability to work in the pit during regular City work hours. The subject site would be accessed off of Jefferson Avenue NE, where a gate is located on the west side of the property and a partially paved road leads into the pit. The applicant has proposed to use Monroe Avenue NE as an alternative access point, however at this time there are no entrances to the property off of Monroe Avenue NE. To the north of the site is a small commercial center including such stores as McDonald's, Renton Collision Center, and Discount Tires, to the east (across Monroe Ave NE) is the Greenwood Cemetery, to the south (across NE 2"d Street) is the City of Renton Maintenance Shops, and to the west (across Jefferson Avenue NE) is King County Roads Department facility and other King County owned properties. The applicant has indicated that any dust on the roadway and/or fill surface area would be mitigated with water. The completed project would not result in dust and/or traffic impacts however during hauling 210 trips per day could occur. The subject site is located within the Aquifer Protection Zone 2 and contains Protected Slopes. The applicant has indicated that only approved clean fill will be imported to the subject site, which complies ERC Report.docx City of Renton Deportment of Community " Economic Development UPPER BALCH PIT GRADE & FILL Report of September 13, 2010 En- -i--nmental Review Committee Report LUA10-055, ECF, SP Page 3of5 with the requirements of placing fill in an Aquifer Protection Zone. Furthermore, the applicant has indicated that they will provide the City with an Abbreviated Fill Source Statement to report the source of fill material brought into the pit at such time as the fill source sites are known. The Protected Slopes located on the site were created as a result of the gravel extraction. The applicant provided a Geologic and Sensitive Areas Report prepared by GeoEngineers, dated August 2, 2010. This report indicated that the slopes at the subject site range up to approximately 70 percent and average at around 60 percent for the steeper slopes on site. The report indicates that the slopes were generally cut at or near the angle of repose and have remained reasonably stable and present no risk of the filling operation causing landslides. Furthermore, the applicant has requested a modification pursuant to RMC 4-3-050N.2.a.ii for "re -grading" of a protected slope created through previous mineral and natural resource recovery activities. In addition to the geotechnical report the applicant provided a Wetland Reconnaissance Technical Memorandum prepared by Raedake Associates, Inc. dated July 30, 2010. Pursuant to this Memorandum, this subject site varies in vegetative cover and hydrology. This is due to the ongoing filling activity that changes the porosity of the soils that line the pit. The eastern and southern slopes of the pit contain black cottonwood, big -leaf maple, red alder as well as Himalayan blackberry, foxglove, common horsetail, and stinging nettle. The central portions of the pits contain scotch broom, Himalayan blackberry, common tansy, Canadian thistle, velvet grass, and tall fescue. The Memorandum concludes that there are no areas within the pit that exhibit wetland characteristics and the areas where some surface water exists are a result of storm drainage discharge to the site from the adjoining roadways. Since the last filling and/or mining activity at the subject site, a number of trees have grown in the pit. The applicant has indentified 600 Alders and Douglas fir trees that are over four inches in diameter. The majority of the trees are located below the end fill elevation of 325 feet MSL therefore it is not practical to maintain these trees and fill the pit. As such, the applicant has proposed to remove all the trees on the subject site. Pursuant to RMC 4-4-130H.1.d., tree removal as a result of mineral extraction operations is exempt from the protected tree retention requirements of RMC 4-4-130, if the removal can be justified. 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 with a 14 -day Appeal Period. B. Mitigation Measures 1. None required. C. Exhibits Exhibit 1 Neighborhood Detail Map Exhibit 2 Existing Conditions Exhibit 3 Cross Sections ERC Report. docx City of Renton Deportment of Communit conomic Development UPPER BALCH PIT GRADE & FILL Report of September 13, 2010 Exhibit 4 Existing Trees D. Environmental Impacts E nmentol Review Committee Report L UA10-056, ECF, SP Page 4 of 5 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 proposal has no probable impacts. 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. Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 PM, October 1, 2010. Renton Municipal Code Section 4-8-110.6 governs appeals to the Hearing Examiner. Appeals must be filed in writing at the City Clerk's office along with the required fee. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, 1055 S. Grady Way, Renton WA 98057. ADVISORY NOTES TO APPLICANT 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. Planning: 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. Plan Review: 1. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. 2. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. 3. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project ERC Report.docx City of Renton Deportment of Community1 -conomic Development UPPER BALCH PIT GRADE & FILL Report of September 13, 2010 En ;- nmentol Review Committee Report LUA10-056, ECF, SP Page 5 of 5 Engineer of record to the Public Works Inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities is required prior to Temporary Certificate of Occupancy. ERC Report. docx � s�z v i AVE1*770-7 J 'e X111 S e _ i "?NfID9Fld s. IL aLLI tr ED ;. P } �a f- m i - .: zi 1 - . ate„• � - �' r en to of to Cit ning bivisi Vi7 - OE1faHWMaD bETYtIL NOP - SCAM %d H W ILn - . ! I tom.... - -- - � J ��Im wt z d 3nvns Dul'iv,80 , YfR tt UL� I j`Cit of Rer Y 1 cb cD n s _r:.f-. BdF59Z Divi M .W ,60 SS N 44 r # p7 Q7 co O ! 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Ic.rts�erc noero� 3 r�`I• ���as�m�cr� ' ,.pgTAJC, TREE UI-B1f ►` 1 City of Renton Department of Community & Economic Deveropment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:P= ( COMMENTS DUE: SEPTEMBER 3, 2010 APPLICATION NO: LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 20, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PLAN REVIEWER: Kayren Kittrick SITE AREA: 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE L PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Light/Glare Recreation Utilities Trans ortotion Public Services Historic/Culturol Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact nr areas where additional information is needed to aroaeriv assess this or000sal. Signature of Di ector or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTME COMMENTS DUE: SEPTEMBER 3, 2010 APPLICATION NO. LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 20, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PLAN REVIEWER. Kayren Kittrick SITE AREA: 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Air Water Plonts Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li ht Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,400 feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:E60-)�COMMENTS DUE: SEPTEMBER 3, 2010 APPLICATION NO: LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 24, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PIAN REVIEWER: Kayren Kittrick SITE AREA: 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Housing Aesthetics Li ht Glore Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. SignatL;reAl Dir ctor or Authorized Representative Date City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: r -r— COMMENTS DUE: SEPTEMBER 3, 2010 APPLICATION NO: LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 20, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PLAN REVIEWER: Kayren Kittrick SITE AREA. 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts impacts Necessary Earth Air Wn ter Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Lr ht Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservotion Airport Environment 10,000 Feet 14,000 Feet Ale 9 /VQ /(/10^1/ s2 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date CITY OF RENTON MEMORANDUM Date: August 26, 2010 To: Vanessa Dolby, Planning From: Kayren K. Kittrick, Development Engineering Subject: LUA-10-056 Upper Balch Pit Grade & Fill EXISTING CONDITIONS WATER - Site is within City of Renton service area. SEWER - Site is within City of Renton service area. STORM — The site infiltrates completely. Erosion control/dust control are required. STREETS- All frontage streets are paved with curb and gutter. CODE REQUIREMENTS 1. Haul hours shall be restricted to 8:30 a.m. to 3:30 p.m. unless approved in advance by the Development Services Division. RECOMMENDED CONDITIONS 1. Temporary Erosion Control shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. 2. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the Public Works Inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities is required prior to Temporary Certificate of Occupancy. CC: Neil Watts PRoommeritsl 0-056.doc City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fiff) 1 COMMENTS DUE: SEPTEMBER 3, 2010 APPLICATION NO: LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 20, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PLAN REVIEWER: Kayren Kittrick SITE AREA: 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energyl Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li h Glore Recreation utilities Transportation Public Services HistoriclCultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. SighptuA of Director or Authorized Representative Alw, ro Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:�ey-�S+(UuhCOMMENTS DUE: SEPTEMBER 3, 2010 APPLICATION NO: LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 20, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PLAN REVIEWER: Kayren Kittrick SITE AREA: 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable Mare Environment Minor Major Information impacts impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources 8. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Probable Mare Minor Major Information Impacts impacts Necessary Housing Aesthetics Li h Glare Recreation Utilities Transportation Public Services Historic/Culturai Preservation Airport Environment 10,OW Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. of Director or Authorized Representative V >�0 0 Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Y COMMENTS DUE: SEPTEMBER 3, 21010 APPLICATION NO: LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 20, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PLAN REVIEWER: Kayren Kittrick SITE AREA: 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Environment Minor impacts probable More Major Information Impacts Necessary Earth Air Water Plants Land Shoreline Use Animals Environmental Health Energy/ Natural Resources Cry 5, A0_4d �0ailia-010 B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Housing Aesthetics Li h Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. �Q Signa ur of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: SEPTEMBER 3, 2010 APPLICATION NO: LUA10-056, ECF, SP DATE CIRCULATED: AUGUST 20, 2010 APPLICANT: Segale Properties LLC PLANNER: Vanessa Dolbee PROJECT TITLE: Upper Balch Pit Grade & Fill PLAN REVIEWER: Kayren Kittrick SITE AREA: 14.4 acres EXISTING BLDG AREA (gross): N/A LOCATION: 301 Monroe Avenue NE PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010. The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032-82, SP -033-87, LUA92-174, and LUA00-064. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information impacts I -Pacts Necessary Earth Air Water Plants Lond/Shoreline use Animals Environmental Health Energy/ Natural Resources Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Housing Aesthetics Li ht Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY -RELATED COMMENTS -6 1994-, C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is neoed to properly assess this proposal. Signature of Director or Authorized Representative Date - City OF" NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE (DNS) DATE: August 20, 2x10 uwn USE NUMBER: LUA1G-056, ECF, SP PROJECTNAME: Upper Balch Pit Grade&Fll PROJECT DESCRIPTION: The applicant has requested a Special Grade and Ell permlt end SEPA Emrkonmental Review for 1 Million cubic yards of RP that would Its Imported into an eauung sand/gravel pit. The total site area h 1x.4 acres and u located at 3G3 Monroe avenue NE. The subject site is sone Residential 10 (A-1 a) dwelkng units per nal acre. The Upper Balch Plt was a permitted sand/gravel pit from 1961 w 1982. The 51Le has been an upland firi and reclamation site since 1982. The btest approval to conduct fill A rectal len .spired on joy 31, 2010. The million yards of At proposed under this appficatio. would complete the rest—b- of the site. A wettand --illssance and geotechninl mpart was provided with the appllcatlun. Preelous land use Gk numbers are SP -032- R2, SP033.87, LUA92-174, and iUA00.0g4. PROJECT LOCATION: 301 Monroe Avenue NE OPTIONAL DETERMINATION OF NON-53GNIFICANCE, (DNS}: As the Lead Agency, the City of Renton has determined that signdkant environmental Impacts are unlikely m result from the proposed project. Therefore, as permitted under the RCW 43.210.110, the Chy of Renton Is using the Oprional ONS process to glee natIm that a DNS 6 likely to be lstued, Comment pedods for the project and the proposed DNS are Integrated Into a single comment period. There will be na Comment period following the issuance of the Threshold Delerminat it of Non"Slgnfflcance (DNS). A 14 -day appeal period will foilowthe Issuance of rhe DNS. PERMFT APPLICATION DATE: August S. 2010 NOTICE OF COMPLETE APPLICATION: August 20,2030 APPLICANT/PROJECT CONTACT PERSON: lams O.lint; Sell Propertlas EPC; PO BoxgB02g;Tukwll2, WA 98G34; Email:{6,11-1®aegaleproptrttes.com Pennlei/Review Requested: Environrnimbif ISEPA) Review and Special Permit Review other Permlu which may be requlredl None Requested Studies: Geotechrucai Report and Welland Study Lactation where applfutlon may Is. reviewed: Department OP Community S Economic Development ICED) - Planing Civilon, Slam Floor Renton CRI Hall, 1055 South Gndy Way, Renton, WA 98057 PUBLIC HEARING: Pvhllr, hgprina is tentative scheduled forQ=jUsrc sn nefumling Renton HearneEsaminer In Renton Cauncll Chambers. Hearings begin at 9:00 a.m. on the 7th fioor of the new Renton City Hail looted at 1055 South Grady way. If you weufd Ilke, to be made a parry of record to remlya further WOrmadon on this proposed Projece, complete this form and return to: City of Renton, CEO - Planning Diylsion, 1055 5a. Grady Way, Renton, WA 98057 Name/File No.: Upper Batch Pit Grade& F[I/LUA10-056, ECF, SP NAME: MAILING ADDRESS; TELEPHONE NO.: CONSISTENCY OVERVIEW: 7ening/Und Ila.: The subject site is designated Residential Medlum Density IRMD) or, the City of Renton Comprehensive Land Use Map and Residentlal -10 IR -1,41 on the City's 7—cg Map Environmental Documents that Evaluate the Proposed Project: Environmental (SEPAI Checklist Development Rag.I. Eons Used Far Prolact MItlis loo: The project will he subject to the City's SEPA ordlnance, RMC 4 -MED, RMC 4-9- 070 and other applicable codes and regubtlons as appropriate. Comments on the above application must be submhted In writing to Vanessa Dolbee, [Acting) Senior Planner, CED - Fl log Oelaon, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on SepWmber 3, 2010. I'll matter Is also tentatively scheduled for a public hearing on October 5, 2010, at Si a.m., Cvunhl Chambers, Seventh Per, Renton City malt. 1055 South Grady Way, Renton. 1f you are Inlefe5ced In atu log the hearing, please mntact the Development Servlces DVlslon to ensure that the hearing has not been rescheduled at (4251430-7242 If comments cannot be submitted In writing by the data Indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. If you have questions about this proposal, or wishto be made a party of record and —Ne addluonal Information by mail, please contact the project manager. Anyone who submits written comments will eutomaticelly become a party of record and will he notified of any decision on this project. CONTACT PERSON: Vanessa Dolbee, IActing) Senior Planner; Tel: (425) 430-7314; Emil: vdolbee@rettt*nwa.gnv PLEASE INCLUDE THE PROFEcr NUMBER WHEN CALLING FOR PROPER FILE IDEPMFICATFON ........:.s - er�t .on.0 AHEnP OF THE CIIRYE - CERTIFICATION 1, Yt 6 be"Ihereby certify that 1; copies of the above document were posted in conspicuous places or nearby the d cribed property on Date: P l6L) Sign STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that 1 know or have satisfactory evidence that Vcwl e 7 5 V, ) Le e signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public in end for the State of Washington Notary (Print): b A. My appointment expires: CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 20th day of August, 2010, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, NOA, Environmental Checklist, PMT documents. This information was sent to: Name Representing Agencies — NOA, Env. Checklist, PMT See Attached Jami Balint, Segale Properties, LLC Owner/Applicant/Contact 300' Surrounding Property Owners — NOA only See attached rye % (Signature of Sender): I f = �% x t+r►+►} STATE OF WASHINGTON ) T SS i 'y •i!*k' �' COUNTY OF KING ) ell��jh�J`�r,$.��� 1 certify that I know or have satisfactory evidence that Stacy M. Tucker 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:�,;���}L �04iU Notary Public in and for the State of Washington Notary (Print): lA _ I My appointment expires: A, k � q, Q G 13 Project Name: Upper Balch Pit Grade & Fill Project Number:'. LUA10-056, ECF, SP template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Larry Fisher* Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section 1775 12th Ave. NW Suite 201 Attn: Karen Walter or SEPA Reviewer PO Box 47703 Issaquah, WA 98027 39015 —172nd Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172"d Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division Office of Archaeology & Historic Preservation* Seattle District Office Environmental Planning Supervisor Attn: Gretchen Kaehler Attn! SEPA Reviewer tills. Shirley Marroquin PO Bax 48343 PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Olympia, WA 98504-8343 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Steve Roberge Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev. Director Renton, WA 98055-1219 13020 Newcastle Way 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liaison Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, ALIS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities Real Estate Services Attn: SEPA Coordinator 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS', the marked agencies and cities will need to be sent a copy of the checklist, Site Plan PMT, and the notice of application. template - affidavit of service by mailing 162305905208 162305912808 HALLE PROPERTIES LLC HALLEVON VOIGTLANDER PTSP 20225 N SCOTTSDALE RD #DEPT 100 DEPT 1100 WA WASO4 20225 N SCOTTSDALE RD SCOTTSDALE AZ 85255 SCOTTSDALE AZ 85255 162305905901 LA PIANTA LLC PO BOX 88028 TUKWILA WA 98138 162305907998 SCI MANAGEMENT CORP 8TH 71 #2920 PROP TAX DEPT 1929 ALLEN PARKWAY HOUSTON TX 77019 162305911107 LI GOLD LLC 3807 185TH ST SE BOTHELL WA 98012 162305905802 UHAUL REAL ESTATE COMAPNY PO BOX 29046 PHOENIX AZ 85038 143400002000 KING COUNTY 500 4TH AVE ROOM 500A SEATTLE WA 98104 162305911206 RENTON REAL ESTATE L L C 2825 SW 170TH ST BURIEN WA 98166 City of C`: c NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE (DNS) DATE: August 20, 2010 LAND USE NUMBER: LUA10-056, ECF, SP PROJECT NAME: Upper Balch Pit Grade & Fil PROJECT DESCRIPTION: The applicant has requested a Special Grade and Fill permit and SEPA Environmental Review for 1 Million cubic yards of fill that would be imported into an existing sand/gravel pit. The total site area is 14.4 acres and is located at 301 Monroe Avenue NE. The subject site is zone Residential 10 (R-10) dwelling units per net acre. The Upper Balch Pit was a permitted sand/gravel pit from 1962 to 1982. The site has been an upland fill and reclamation site since 1982. The latest approval to conduct fill & reclamation expired on July 31, 2010, The million yards of fill proposed under this application would complete the restoration of the site. A wetland reconnaissance and geotechnical report was provided with the application. Previous land use file numbers are SP -032- 82, SP -033-87, LUA92-174, and LUA00-064. PROJECT LOCATION: 301 Monroe Avenue NE 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). A 14 -day appeal period will followthe issuance of the DNS. PERMIT APPLICATION DATE: August 9, 2010 NOTICE OF COMPLETE APPLICATION: August 20, 2010 APPLICANT/PROJECT CONTACT PERSON: Jami Balint; Segale Properties LLC; PO Boz 88028; Tukwila, WA 98038; Email: jbalint@segaleproperties.com Permits/Review Requested: Environmental (SEPA) Review and Special Permit Review Other Permits which may be required: None Requested Studies: Geotechnical Report and Wetland Study Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 PUBLIC HEARING: Public hearing is tentatively scheduled for October 5, 2010 before the Renton Hearing Examiner in Renton Council Chambers. Hearings begin at 9:00 a.m. on the 7th floor of the new Renton City Hall located at 1055 South Grady Way. 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.: Upper Balch Pit Grade & FII/LUA10-056, ECF, SP NAME: MAILING ADDRESS: TELEPHONE NO.: CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated Residential Medium Density (RMDj on the City of Renton Comprehensive Land Use Map and Residential - 10 (11-10) 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 4-9-080, RMC 4-9- 070 and other applicable codes and regulations as appropriate. Comments on the above application must be submitted in writing to Vanessa Dolbee, (Acting) Senior Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on September 3, 2010. This matter is also tentatively scheduled for a public hearing on October 5, 2010, at 9:00 a.m., Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Development Services Division to ensure that the hearing has not been rescheduled at (425) 430-7282. If comments cannot be submitted in writing by the date indicated above, you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please 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. CONTACT PERSON: Vanessa Dolbee, (Acting) Senior Planner; Tel: (425) 430-7314; Ennl: vdolbee@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION Denis Law City of Mayor Department of Community and Economic Development August 20, 2010 Alex Pietsch, Administrator Jami Balint Segale Properties LLC PO Box 88028 Tukwila, WA 98038 Subject: Notice of Complete Application Upper Balch. Pit Grade & Fill, LUA10-056, ECF, SP Dear Ms. Balint: 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 September 13, 2010. Prior to that review, you will be notified if any additional information is required to continue processing your application. In addition, this matter is tentatively scheduled for a Public Hearing on October 5, 2010 at 9:00 a.m., Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to. be present at the public hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing. Please contact me at (425) 430-7314 if you have any questions. Sincerely, �i Vanessa Dolbee (Acting) Senior Planner Renton City Hall 0 1055 South Grady Way • Renton, Washington 98057 rentonwa.gov IRW City of Renton City of RentonRannirig Divisif)rl LAND USE PERMIT .AuG -9 LJ1�r MASTER APPLICATIO PROPERTY OWNER(S) NAME: Segale Properties LLC ADDRESS: P.O. Box 88028 CITY: Tukwila ZIP: 98138 TELEPHONE NUMBER: 206-575-2000 APPLICANT (if other than owner) Same as Property Owner NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: Jami Balint COMPANY (if applicable): Segale Properties LLC ADDRESS: P.O. Box 88028 CITY: Tukwila ZIP: 98038 TELEPHONE NUMBER AND EMAIL ADDRESS: 206-575-2000 jbalint@segaleproperties.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Upper Balch Pit Grade and Fill PROJ E CTIADDRES S(S)/LO CATION AND ZIP CODE: 301 Monroe Ave. NE KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 162305-9059-01 EXISTING LAND USE(S): undeveloped fill site PROPOSED LAND USE(S): fill site (continuation), no other development plans EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Residential Medium Density (RMD) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: R-10 PROPOSED ZONING (if applicable): SITE AREA (in square feet): 14.4 acres SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: n/a SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: n/a PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) n/a NUMBER OF PROPOSED LOTS (if applicable) n/a NUMBER OF NEW DWELLING UNITS (if applicable): n/a G:1Upper Balch12010 Special GF Perm it120IOmasterapp.doc - 1 - 06/09 PFAECT INFORMA'i NUMBER OF EXISTING DWELLING UNITS (if applicable): n/a SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): n/a SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): n/a SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): n/a 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): ION (conti .hd PROJECT VALUE: nla IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): © AQUIFIER PROTECTION AREA ONE % AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. A GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. I LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE E'/, NE'/4, NW'/4 OF SECTION 16, TOWNSHIP 23N, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON TYPE OF APPLICATION & FEES List all land use applications being applied1 for: 1 ,� t Staff will calculate applicable fees and postage: $ 3. 4. AFFIDAVIT OF OWNERSHIP I, (Print Namels) .1 /.1 f 7'`r'N 1 + • ` iLA 18- E. declare under penalty of perjury under the laws of the State of Washington that I am (please check one) ttie current owner of the property involved in this application or _X_ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and corre the best of my knowledge and belief. 1 certify that I know or have satisfactory evidence that��'� signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses an purposes mentioned i the instrument. (signature of Owner/Npresntative) \f ice �'Qyt�QDf( fie l,,�•l v¢I 'jirlelt+ �Yit-e Vv6p �� JACEK R. PAWLICKI Y ry Public in and for the State of Washington NOTARY PUBLIC STATE OF WASHINGTON (Signature of Owner/Representative) ,7 COMMISSION EXPIRES Notary (Print) ex �• OCTOBER 15, 2013 My appointment expires: G:%Upper Bal ch12010 Special GF Perm it120IOmasterapp.dm - 2 - 05/09 August 6, 2010 Ms. Vanessa Dolbee Senior Planner Development Services Division Planning/Building/Public Works City of Renton Renton City Hall 6`h Floor 1055 So. Grady Way Renton, WA 98055 RE: Special Grade and Fill Permit Upper Balch Pit, 300 block of Monroe Avenue NE Dear Ms. Dolbee: City of Rentor Manning Divisiz n AUG 9 261[ RECE V EDD We are submitting herewith our application package for a new Special Grade and Fill Permit to allow us to continue the filling and reclamation of the Upper Balch Pit in Renton. This application will be followed at the appropriate time with an application for an Annual Grading License. The Upper Balch Pit is located on the west side of Monroe Avenue NE, just south of NE 4`I' Street. It is a gravel borrow pit, approximately 14.4 acres in size, about 70 feet in depth, and the property is unusable and undevelopable in its current state. There are no structures or improvements on the site other than a paved haul road and perimeter screening fence. There are no plans for any specific improvements or future development at this time. The proposal herein is to obtain a new Special Grade and Fill Permit to resume the filling of the site, which is a continuation of filling operations performed under three previous Special Permits from 1982 through 1998 (SP -032-82, SP -033-87 and SP -92-174), and the most recent permit LUAA00-064 which expired July 31, 2010. In keeping with Decision Condition #I from Special Permit LUAA00-064, the drawings show fill up to elevation 325, at which point this permit would be complete and a new permit would be required to finish the site filling operation. The remaining fill quantity is estimated at 1,000,000 cubic yards, and is expected to take about 10 years. We are requesting a 10 -year permit, in accordance with RMC 4-9-080-F-10 which states "Special Permits are valid until the approved plans have been satisfactorily completed." We are requesting similar truck hauling hours that were approved in the previous permit SP -92-174 (Monday through Friday, 8:30 AM to 3:30 PM, per ERC condition #4), and are also asking for permission to haul and work on Saturdays and to haul on off-peak hours when fill material is being received from project that are required to perform work at night. Based on Conclusion #5 of the Hearing Examiner's 3/9/93 Report and Decision, we are again requesting that on-site work contained within the pit could still occur during the normal City work hours. Additional information is contained in the material submitted herewith, particularly in the attached Project Narrative and Construction Mitigation Description. PO BOX 8 8 0 2 8 • T u K W I L A, WA 9 8 1 3 8 + 5 8 1 1 SEGALE PARK DRIVE C • T U K W I L A , WA 9 8 1 8 8 P 2 0 6. 5 7 5. 2 0 0 0 • F 2 0 6. 5 7 5. 1 8 3 7 • www.segaleproperties.com S cGALE P ROIL KTI LS A LIMITED LIAEII LITYCOMPANY COMMERCIAL ' INOU57RIAL • AGRICULTURAL • NATURAL RESOURCES August 6, 2010 Ms. Vanessa Dolbee Senior Planner Development Services Division Planning/Building/Public Works City of Renton Renton City Hall 6`h Floor 1055 So. Grady Way Renton, WA 98055 RE: Special Grade and Fill Permit Upper Balch Pit, 300 block of Monroe Avenue NE Dear Ms. Dolbee: City of Rentor Manning Divisiz n AUG 9 261[ RECE V EDD We are submitting herewith our application package for a new Special Grade and Fill Permit to allow us to continue the filling and reclamation of the Upper Balch Pit in Renton. This application will be followed at the appropriate time with an application for an Annual Grading License. The Upper Balch Pit is located on the west side of Monroe Avenue NE, just south of NE 4`I' Street. It is a gravel borrow pit, approximately 14.4 acres in size, about 70 feet in depth, and the property is unusable and undevelopable in its current state. There are no structures or improvements on the site other than a paved haul road and perimeter screening fence. There are no plans for any specific improvements or future development at this time. The proposal herein is to obtain a new Special Grade and Fill Permit to resume the filling of the site, which is a continuation of filling operations performed under three previous Special Permits from 1982 through 1998 (SP -032-82, SP -033-87 and SP -92-174), and the most recent permit LUAA00-064 which expired July 31, 2010. In keeping with Decision Condition #I from Special Permit LUAA00-064, the drawings show fill up to elevation 325, at which point this permit would be complete and a new permit would be required to finish the site filling operation. The remaining fill quantity is estimated at 1,000,000 cubic yards, and is expected to take about 10 years. We are requesting a 10 -year permit, in accordance with RMC 4-9-080-F-10 which states "Special Permits are valid until the approved plans have been satisfactorily completed." We are requesting similar truck hauling hours that were approved in the previous permit SP -92-174 (Monday through Friday, 8:30 AM to 3:30 PM, per ERC condition #4), and are also asking for permission to haul and work on Saturdays and to haul on off-peak hours when fill material is being received from project that are required to perform work at night. Based on Conclusion #5 of the Hearing Examiner's 3/9/93 Report and Decision, we are again requesting that on-site work contained within the pit could still occur during the normal City work hours. Additional information is contained in the material submitted herewith, particularly in the attached Project Narrative and Construction Mitigation Description. PO BOX 8 8 0 2 8 • T u K W I L A, WA 9 8 1 3 8 + 5 8 1 1 SEGALE PARK DRIVE C • T U K W I L A , WA 9 8 1 8 8 P 2 0 6. 5 7 5. 2 0 0 0 • F 2 0 6. 5 7 5. 1 8 3 7 • www.segaleproperties.com Upper Balch Pit Grade, 'ill Application, 719110, page 2 Attached please find our application package material. It consists of the following items (item numbers are from the City Grade and Fill Permit Submittal Requirements list). Please contact me if you have any questions or need additional information for your review. Very truly yours, SE?aflint RORTIES LLC Jam cc:Mark Segale This cover letter 12 copies I . Master Application Form 12 copies 2. Environmental Checklist wfExhibit A 12 copies 3. Title Report 3 copies Title Report recorded documents 5 copies 4. Fee Payment Check ($3,000) 6. Preapp Meeting Waiver Checklist by City 5 copies 7. Project Narrative 12 copies 8. Construction Mitigation Description 12 copies 9. Neighborhood Detail Map 12 copies 10. Grading Plans, with elevations (2 sheets) 12 sets 11. Grading Elevations included in 410 12. Utilities Plan waived 13. Drainage Control Plan waived 14. Drainage Report waived 15. Wetland Letter 5 copies 16. Tree Cutting/Land Clearing Plan 4 copies 17. Tree Retention Worksheet 2 copies 18. Colored Display Maps 1 each 19. Rehabilitation Plan waived 20. Plan Reductions 1 each 21. Fill Source Statement waived Please contact me if you have any questions or need additional information for your review. Very truly yours, SE?aflint RORTIES LLC Jam cc:Mark Segale UltY or 1`- enton F'ianning Division PROJECT NARRATIVE�� UPPER BALCH PIT GRADE AND FILL SPECIAL GRADE AND FILL PERMIT APPLICATI [E E� yE D CITY OF RENTON August 2, 2010 The Upper Balch Pit project description and summary follows below, with items listed as noted in 96 on page 2 of the City of Renton's Grade and Fill Permit Submittal Requirements publication. 1. PROJECT NAME: PROJECT SIZE: LOCATION OF SITE: Upper Balch Pit Grade and Fill Approximately 14.4 acres West side of Monroe Avenue NE, approximately 330' south of the intersection with NE 4th St. 2. ZONING DESIGNATION OF SITE: ADJACENT PROPERTY ZONING: 3. CURRENT USE OF SITE: EXISTING IMPROVEMENTS: 4, SPECIAL SITE FEATURES: R-10 CA, R-8, IL(P) Undeveloped 8' chainlink fence around perimeter; also a paved haul road onsite Currently an open gravel excavation pit, with stable side slopes (some are 1.5:1 = 33%). While the property does appear on the City's Steep Slopes map, the protected and sensitive slopes conditions should not apply since this is a mineral and resource recovery condition. Applicant is requesting an Exception Through Modification, as allowed per RMC 4-3-050(N)(2)(a)(ii). Per Modification Decision Criteria (RMC 4-9-250D), the proposed work.: a) substantially implements the policy direction and objectives of the Comprehensive Plan Land Use Element and is the minimum necessary to implement the policies and objectives (the fill is necessary to make the site, which is UPPER BALCH PIT PROJECT NARRATIVE, 710 8/2010 Page 1 5. SOIL TYPE, DRAINAGE CONDITIONS: designated Residential Medium Density, useable and the fill is the minimum necessary to bring the site to grade uniform with neighboring properties). b) is safe, serves to restore the property, is screened from public view, does not harm the environment outside the pit, and maintains code considerations. (it is a continuation of an ongoing fill operation that has been conducted safely and cleanly). c) does not cause injury to neighboring properties (no water runs offsite, and it will help them by resulting in no adjacent slopes and restored developable property. Slopes have a history of stability, and are vegetated). d) conforms to the intent and purpose of the Code (restoring the property). e) is required for the use and situation (to restore the property for future use and development). f) will not create adverse impacts to neighboring properties (fill will not cause water runoff, and existing slopes are deleted as a result of the fill). Please note that on the grading drawings the slopes look steeper than they actually are, due to the difference in horizontal and vertical scales. Attached is a section through the north property line with the scales the same, showing the 1.5:1 (33%) slope. Sides and floor of the pit are gravel. Water percolates quickly through the gravel, although there are now areas filled during the previous permits with less permeable fill material where water temporarily collects and UPPER BALCH PIT PROJECT NARRATIVE, 7/08/2010 Page 2 6. PROPOSED USE OF PROPERTY: 7 8. SCOPE OF PROPOSED DEV'T: ACCESS OFFSITE IMPROVEMENTS: CONSTRUCTION COST TOTAL: PROJECT FAIR MARKET VALUE 10. ESTIMATED UANTITIES: FILL MATERIAL TYPE: percolates more slowly. No water drains offsite. Applicant proposes only to continue to fill the pit. No other uses or development are proposed at this time. Work proposed under this Grade and Fill permit application is to continue the filling of the Upper Balch Pit over a ten-year period, up to elevation 325. Applicant will grade a level site, hydroseed, and then submit for a new Grade and Fill permit for completion of the fill to the final elevation and final restoration of the site. Applicant proposes to use Jefferson Avenue NE to access the site. A gate is located on the west side of the property at the Jefferson Ave entrance and a partially paved road leads into the pit. Applicant also proposes to use Monroe Avenue NE as an alternative access, however at this time there is no entrance to the property off Monroe Avenue NE. NIA NIA NIA Approximately 1,000,000 c.y. Applicant intends to continue to fill the site with various inert, non-putrescible materials such as those allowed under the previous Special Use Permit. Per code and the previous permit, acceptable fill materials will be limited to clean dirt, soil, sand, gravel, and other similar clean materials, provided that rock and broken concrete smaller than 8 inches in diameter UPPER BALCH PIT PROJECT NARRATIVE, 7/08/2010 Page 3 11. 12. 12 and minor amounts of organic matter may be included. Per a previous agreement with the City, the Applicant intends to continue using the Abbreviated .Fill Source Statement to report the source of fill material brought into the Upper Balch Pit. The Abbreviated Fill Source Statements will be submitted to the City at such time as fill source sites are known. REHABILITATION PLAN: Upper Balch Pit will be filled over a ten -}rear period, up to elevation 325. Applicant will grade a level site, hydroseed, and then submit for a new Grade and Fill permit for completion of the fill to the final elevation and final restoration of the site. TREES TO BE REMOVED: While the site was previously cleared during excavation operations, approximately 600 alder and douglas fir trees have been growing up around the bottom edges of the pit and will need to be removed in order to allow for the site to be brought to a useable grade. Per RMC 4-4-130(H)(d), tree removal as a result of mineral extraction operations are exempt from the protected tree retention requirements of RMC 4-4-130 if removal can be justified in writing and approved by the Reviewing Official. We request that the Reviewing Official find that tree removal is justified in this instance in order to allow for the Upper Balch pit, a former gravel mine, to be filled to a grade that is suitable for redevelopment. Given the location of the trees, with 587 trees located below the proposed fill elevation of 325 feet, it is not practical to retain the trees. LAND DEDICATED TO CITY: NIA UPPER BALCH PIT PROJECT NARRATIVE, 7/08/2010 Page 4 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived. by. 1. Property Services 2: Public Works Plan Review 3, Building 4. Planning PROJECT NAME: DATE: 129 � V L-ITY Of Renton Pfannir?g Division AUG -- 9 ZLIiJ RECEP V ED H:10ED\Datakrorms-Temp3ates Self -Help HandouWTianninglwalverofsubmittairegs.xls 0&09 WAP =� Plat Name Reservation 4 MOT� . Public Works Approval Lettere MAW Screening Detail 4 Stream or Lake Study, Standard 4 ri'' _._.:': € € = VUD tv&5 nwd a Stream or Lake Mitigation Plan 4 - Title Report or Plat Certificate a Title Traffic Study 2 Urban Design Regulations Analysis4 RM1 Wetlands Mitigation Plan, Final 4 Wetlands Report/Delineation 4 - saU. Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 A 3 Map of View Area'2 AND 3 Photosimulations 2AND 3 This requirement may be waived. by. 1. Property Services 2: Public Works Plan Review 3, Building 4. Planning PROJECT NAME: DATE: 129 � V L-ITY Of Renton Pfannir?g Division AUG -- 9 ZLIiJ RECEP V ED H:10ED\Datakrorms-Temp3ates Self -Help HandouWTianninglwalverofsubmittairegs.xls 0&09 WAP PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREIVir-NTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1, Property Services PROJECT NAME: 2, rPublic Works Plan Review 3. Building DATE: 4. Planning H:kOEL) Data�Forms Tomplates%Sdf--Help HandoutsTlanninglweiverofaubmRtalregs. cls OWN XI ` o" R '" tl _ 1# ¢. I Calculations ON Construction Mitigation Description 2AN134 Density WorkshoOt 4 : ::=:;2iii=c�i Drainage Report 2 ! Environmental Checklist 4 Existing Easements (Recorded Copy) 4 Floor Plans SAND 4 �! ::�::� Grading Plan, Conceptual 2 Habitat Data Report 4 VLP Irrigation Plan 4 iAi Li -'E•` 'i.- '.my.:i . �•-.i#tr-i%�CiG�iTdl. •`Y�f:j3�e__E : -- ..� Landscape Plan, Conceptual nSe(-t.,' cola •__�:_:_�:Yrs-��a€�°_€=` � _ Legal Description 4 Master Application Form 4 Neighborhood Detail Map 4 Plan Reductions (PUTS) 4 This requirement may be waived by: 1, Property Services PROJECT NAME: 2, rPublic Works Plan Review 3. Building DATE: 4. Planning H:kOEL) Data�Forms Tomplates%Sdf--Help HandoutsTlanninglweiverofaubmRtalregs. cls OWN XI ` o" R '" City of Renton TREE RETENTION WORKSHEET C4 OT Ren �''=�l;fllll�a i'ftrjc ',, lY� _il�lli l 1. Total number of trees over 6" in diameter' on project site: 1. 587 trees 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 trees Trees in proposed public streets trees Trees in proposed private access easements/tracts trees Trees in critical areas3 and buffers trees Total number of excluded trees: 3. Subtract line 2 from line 9: 2. 3_ trees trees 4. Next, to determine the number of trees that must be retained, multiply line 3 by: 0.3 in zones RC, R-1, R-4, or R-8 0.1 in all other residential zones 0.05 in all commercial and industrial zones 4. 58.7 trees 5. List the number of 6" or larger trees that you are proposing to retain 4: 5. 21 trees 6. Subtract line 5 from line 4 for trees to be replaced: 6. 37.7 trees (If line 6 is less than zero, stop here. No replacement trees are required). 7. Multiply line 6 by 12" for number of required replacement inches: 7. 452.4 inches n t1 4WD' 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) 8. 2" inches per tree 9. Divide line 7 by line 8 for number of replacement trees 6: (if remainder is .5 or greater, round up to the next whole number) 9. 226 trees ' Measured at chest height. 2. Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 3, Critical Areas, such as wetlands, streams, floodpiains and protected slopes, are defined in Section 4-3-050 of the Renton Municipal Code (RMC). " Count only those trees to be retained outside of critical areas and buffers. 5, The City may require modification of the tree retention plan to ensure retention of the maximum number of trees per RMC 4-4-1301-17a s Inches of street trees, inches of trees added to critical areaslbuffers, and inches of trees retained on site that are less than 6" but are greater than 2" can be used to meet the tree replacement requirement. G:lUppeT 13alch12410 Special GF PermitlTreeRetentionWorksheet.doc 12/08 rr�f Rentor ��'i�rar�in,.p ❑i,fiSrr�n CONSTRUCTION MITIGATIONi'G UPPER BALCH PIT FILL AND GRADE SPECIAL GRADE AND FILL PERMIT APPLICATIOJ1s'�� CITY OF RENTON August 2, 2010 The Upper Balch Pit project construction mitigation description and summary follows below, through a listing of the items noted in 47 on page 3 of the City of Renton's Grade and Fill Permit Submittal Requirements publication. CONSTRUCTION DATES: Fill will occur as material is available over the life of the permit, which is estimated to be 100,000 c.y. per year over 10 years (summer 2010 through summer 2020). We are requesting a 10 -year Grade and Fill Permit, in accordance with RMC 4-9-080-F-10 which states "Special Permits are valid until the approved plans have been satisfactorily completed." We understand that the City may address changes in regulations and codes each year during the Annual License process. 2. HOURS OF OPERATION: Under Applicant's most recent Special Use Permit (LUAA00-064), truck hauling was restricted to the hours between 8:30 a.m. and 3.30 p.m., Monday through Saturday (Hearing Examiner Condition #1, ERC Condition #4), the Applicant requests the same hauling hours be approved for this permit as well as limited night hauling. Per Hearing Examiner Conclusion #5, we would like to be able to perform onsite work within the pit during permitted City work hours which per RMC 4-4-060(.])(6) are 7:00 a.m. to 8:00 p.m. Monday through Friday. Per RMC 4-4-060 we request that the Director approve work to be permitted on Saturday as well. Applicant is also requesting to be able to haul at night when receiving fill material from projects that are rrequired by a public agency to be performed outside the standard hours and/or days of operation. The Applicant is willing to have night hauling approved on a case by case basis and proposes to submit a request for approval to the Director Fourteen (14) days in advance of the proposed hauling. 3. HAULING/TRANSPORTATION ROUTES: Applicant has evaluated the possible haul routes and plans to primarily utilize Jefferson Avenue N.E. for ingress and egress (trucks can turn around in the pit). UPPER BALCH PIT CONSTRUCTION MITIGATION Page 1 This route will allow traffic to be controlled via the signal light at the intersection of Jefferson Avenue N.E. and N.E. 4th Street. Monroe Avenue N.E. may be used as an alternate in the event of an organized trucking effort, in which case traffic would be controlled by the signal light at Monroe Avenue N.E. and N.E. 4th Street. (see "Neighborhood Map") 4. MEASURES TO MINIMIZE DUST, TRAFFIC AND TRANSPORTATION IMPACTS, EROSION, MUD, NOISE, AND OTHER NOXIOUS CHARACTERISTICS: Applicant's filling activity may result in the raising of some dust in the pit area. This dust will be controlled with water as necessary. The access road within the site is partially paved which provides an opportunity for tires to be cleared of mud prior to entering city streets. Nonetheless, to address the possibility of mud being tracked onto Jefferson Avenue N.E., Applicant agrees to keep the street free from such debris, and previously had provided the City with a Street Cleaning Bond in the amount of $3,000.00 as security for Applicant's agreement. Applicant proposes to keep this requirement in effect, and to keep a bond in place. Other "noxious" characteristics are not anticipated. ANY SPECIAL HOURS PROPOSED: As discussed in #2 above, Applicant requests approval to work on Saturdays and to haul fill material into the pit from 10:00 p.m. to 7:00 a.m. for specific projects that are approved in advance by the Director. 6. PRELIMINARY TRAFFIC CONTROL PLAN: See 43 above. UPPER BALCH PIT CONSTRUCTION MITIGATION Page 2 r City of Renton i'lanr�ir c Divi!.ior7 GEoENGINEERsr ,U, •'A401 S. Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 � [ C EYED August 2, 2010 Segale Properties P.O. Box 88028 Tukwila, Washington 98138-2028 Attention: Mark Segale Jami Balint Subject: Geologic and Sensitive Areas Report Upper Balch Pit Renton, Washington File No. 0291-042-00 INTRODUCTION The Upper Balch Pit is located adjacent to and west of Monroe Avenue NE between NE 2nd and NE 4th Streets in Renton, Washington. In the past it has been mined for sand and gravel. During the last ten years some re -filling of the pit has occurred. Plans are to continue filling the pit using fill material as it becomes available. GEOLOGIC SETTING The pit is located in the eastern uplands of Renton in glacially altered terrain. Material removed from the site consists of recessional outwash deposited by melt water from the Vashon glacier and consists of sand and gravel with zones of fine to medium -graded sand. This material was (is) dense and may have been temporarily overridden by the glacial ice during a short term advance. The granular material was mostly removed down to a clayey silt layer (Lacurstine deposit) or in places glacial till, which typically overlies the silt material. Slopes at the boundaries of the pit were generally cut at or near the angle of repose and have remained reasonably stable. At the present time the slopes range up to approximately 70 percent and the average of the steeper slopes typically around 60 percent. Segale Properties August 2, 2010 DISCUSSION Page 2 Most of the slopes around the perimeter are by definition a landslide hazard. However, the slopes have remained reasonably stable for the last ten years even while experiencing a significant earthquake (the Nisquaily Earthquake in 2001) and some unusually heavy rainfall. As mentioned above, the intent is to fill the pit as material becomes available, which will flatten or eliminate the landslide hazard. In our opinion, there is no risk of the filling operation causing a landslide. Fill material may consist of any non - contaminated mineral soil or broken concrete. Any rocks or concrete pieces larger than 8 inches must be scattered widely, separated from each other and the interval between there uniformly filled. We trust that the foregoing meets your present needs. Should you have any questions, please call. Sincerely, GeoEngineers, Inc. HL A.9 '4 X79 } A. ��MAL Gary W. Henderson, PE S�i� Senior Principal GWH: tt Disclaimer. Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. CopyrightW 2010 by GeoEngineers, Inc— Ail rights reserved. GWENGINEERiS ,File lila. 0291-042-00 r" RAEDEKE ASSOCIATES, INC. 5/ 1 I N1= 6311 Street Seek, Washington 98 i 15 (206) 525-8122 Fax: X206) 526-2880 TECHNICAL MEMORANDUM July 30, 2010 To: Mr. Mark Segale, Segale Properties, Inc. From: Christopher W. Wright, Raedeke Associates, Inc. RE: Upper Balch Pit - Wetland Reconnaissance (R.A.I. No. 2000-011-002) amity of Renton Paniiin f'!iSfpn The purpose of this document is to summarize the results of our wetland reconnaissance of the Upper Balch Pit property on July 28, 2010. PROJECT LOCATION The Upper Balch Pit is a 14 -acre property located south of NE 4th Street and west of Monroe Avenue NE in Renton, Washington. This places the property within a portion of Section 16 Township 23 North Range 5 East, W.M. DEFINITIONS AND METHODS We based our wetland investigation upon the guidelines of the U.S. Army Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory 1987), as revised in the Washington State Wetlands Identification and Delineation Manual published by the Washington Department of Ecology (WDOE 1997). The WDOE wetlands manual is required by state law for all local jurisdictions, is consistent with the 1987 COE wetland delineation manual with respect to wetland identification and delineation, and incorporates subsequent amendments and clarifications provided by the COE, The COE, which requires use of the 1987 delineation manual, as amended, has federal regulatory jurisdiction of the dredging or filling of "Waters of the United States," including wetlands. As outlined in this methodology, the interaction of hydrophytic vegetation, hydric soil, and wetland hydrology must be present for an area to be classified as wetland. To be consistent with current regulations, field investigations were conducted in a manner consistent with the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys and Coast Region (COE 2010). Mr. Mark Segale July 30, 2010 Page 2 FIELD INVESTIGATION I visited the site on July 28, 2010 for the purpose of determining if wetlands were present on the site. RESULTS General Site Description The Upper Balch Pit is a reclaimed gravel mine. The lowest portions of the site are used to dispose of fill material from other sites. The lowest portions of the site are unvegetated. The side slopes of the Upper Balch Pit are vegetated with a mix of deciduous trees and shrubs common to the region. Central and southern portions of the Upper Balch Pit contain a vegetation community consisting of grasses, herbs, and shrubs. A storm drainage pipe conveys water from Monroe Avenue NE to the lowest portion of the Upper Balch Pit along the eastern slope of the site. Observed Conditions The lower portions of the Upper Balch Pit are undergoing active reclamation. Fill material has been imported to the site and spread over the ground surface. As a result this portion of the site is currently unvegetated. The fill consists of material of differing permeability and did not exhibit any hydric soil characteristics. Surface water runoff from the pipe along the eastern slope collects as surface water in portions of the site on less permeable material placed as part of the reclamation project. The surface water infiltrates into the more permeable areas and does not constitute wetland hydrology conditions. The eastern and southern slopes of the Upper Balch Pit contain a vegetation community consisting of black. cottonwood (Populus halsamifera), big -leaf maple (Acer macrophylla), and red alder (Alnus rubra). The shrub understory is predominantly Himalayan blackberry (Rubes armeniancus). Herbaceous plants observed on the slopes include foxglove (Digitalis sp.), common horsetail (Equisetum arvense), and stinging nettle (Urtica dioicia). Soils on the slopes are gravely sandy loams that did not exhibit any redoximorphic features or other indicators of wetland conditions. No water was observed on the side slopes. The central portions of the Upper Balch Pit, not undergoing active reclamation, as well as the northern and western side slopes, support a vegetation community comprised of Scotch broom (Cytisus scoparius), Himalayan blackberry, common tansy (Tanacetum vulgare), Canadian thistle (Cir-sium awense), velvet grass (Holcus lanatt(s), and tall fescue (Festuca arundinacea). Soils observed in the central portions of the site appear to be previously placed fill material with no hydric soil indicators. No hydrology was observed in the central portions of the site. Mr. Mark Segale July 30, 2010 Page 3 SUMMARY In summary, based on our observations and analysis, the Upper Balch Pit property contains no areas that exhibit wetland characteristics. The areas with some surface water are the result of storm drainage discharge to the site from the adjoining roadways. LIMITATIONS We have prepared this letter for the exclusive use of the Segale Properties, Inc. and their consultants. No other person or agency may rely upon the information, analysis, or conclusions contained herein without permission from Segale Properties, Inc. The determination of ecological system classifications, functions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. With regard to wetlands, the final determination of their boundaries for regulatory purposes is the responsibility of the various resource agencies that regulate development activities in or near wetlands. We cannot guarantee the outcome of such agency determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies prior to any detailed site planning or constriction activities. We warrant that the work performed conforms to standards generally accepted in our field, and prepared substantially in accordance with then -current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the project proponents and their consultants, together with information gathered in the course of this study. No other warranty, expressed or implied, is made. Thank you for the opportunity to provide this information. If you have any questions or need additional information, please do not hesitate to call me at (206) 525-8122. PLANNING DIVISION ENVIRONMENTAL CHECKLIST"' ton annion City of Renton Planning Division ?AUG _ 9 Zulu 1055 South Grady Way -Renton, WA 98457 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.210 RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. if you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. - 1 - 06/09 GAUpper Balch12010 Spacial GF Permitlenvchlst 2010 Upper 6alch.doc A. BACKGROUND Name of proposed project, if applicable: Upper Balch Pit 2. Name of applicant: Segale Properties LLC 3. Address and phone number of applicant and contact person: Segale Properties LLC Attn: Jami Balint P.O. Box 88028 Tukwila, WA 98138 (206) 575-2000 4. Date checklist prepared: July 9, 2010 5. Agency requesting checklist: City of Renton, Washington 6. Proposed timing or schedule (including phasing, if applicable): Ongoing for next 10 years 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The Environmental Checklists dated May 1, 2000 and November 17, 1992 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. No 10. List any governmental approvals or permits that will be needed for your proposal, if known. City of Renton Special Grade and Fill Permit and subsequent Annual Grading Licenses 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Continued filling of existing gravel borrow pit approximately 14.4 acres in size. Applicant estimates that the site (approximately 70 feet deep) will accommodate an additional 1,000,000 cubic yards of material. Applicant proposes to continue filling the site with non-putrescible materials such as those allowed under Applicant's previous Special Use Permit (8000460). Such materials would include clean dirt, soils, sand and gravel and other similar clean materials, including rock and broken concrete (not - 3 - 06109 GAUpper Balch12010 Special GF Parnitlenvchlst 2010 Upper Balch.doc asphalt concrete) smaller than S inches in diameter, and minor amounts of organic materials including peat. 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. The Upper Balch Pit is located on the west side of Monroe Avenue N.E., approximately 330 feet south of the intersection of Monroe Avenue N.E. and NE 4th Street. The legal description of the site is attached and incorporated by reference as EXHIBIT "A." B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other gavel borrow pit. Applicable items are underlined. b. What is the steepest slope on the site (approximate percent slope?) 1.5:1 (33°x6) C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Sand, gravel and random dirt. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Continued filling of existing gravel borrow pit with an additional approximate 1,000,000 cubic yards of non-putrescible materials. Source of fill will be surplus/excess from local project sites, including earth materials with some organics intermixed occasionally. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. -4- GAUpper Balch1201G Special GF Permitlenvchlst 2010 Upper Balch.doc 06109 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? None. h. proposed measures to reduce or control erosion, or other impacts to the earth, if any: Not applicable. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During dry -weather months, dust may be generated on the roadway and/or fill surface area as a result of filling activities. The Applicant will control such dust with water. Some exhaust emissions from trucks and equipment involved in the placement and grading of the fill materials. No emissions will occur when filling is complete. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None are anticipated. C. proposed measures to reduce or control emissions or other impacts to air, if any: In the event dust is generated on the roadway and/or fill surface area, water will be applied to the surfaces as necessary to reduce the dust. 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. No. 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. Not Applicable. 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. Not applicable. _ g _ 06/08 GAUpper BalcM2010 Special GF Permitlenvchlst 2010 Upper Salch.doc 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. M 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. fk". b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Surface water collected in the pit percolates into the fill/soil, and recharges the groundwater system. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Not applicable. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. Surface water travels along the pit slopes to the pit floor where the water percolates into the fill/soil (i.e_ native sand and gravel deposits), thereby recharging the aquifer with natural precipitation. 2) Could waste material enter ground or surface waters? If so, generally describe. 1ill I:al d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Not applicable as there are no impacts. 4. PLANTS -6. GAUpper BalchMi0 Special GF PermAkenvchlst 2010 Upper Balch.doc 06/09 a. Check or circle types of vegetation found on the site: x deciduous tree: alder, maple, aspen, other x evergreen tree: fir, cedar, pine, other x shrubs x grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? The site has previously been cleared. The existing vegetation regrowth will be covered as the site is filled. C. List threatened or endangered species known to be on or near the site. None. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Hydro seed after grade reaches 325' 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Applicable items are underlined Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other: none observed Fish: bass, salmon, trout, herring, shellfish, other. none observed b. List any threatened or endangered species known to be on or near the site. None. C. Is the site part of a migration route? If so, explain No. d. Proposed measures to preserve or enhance wildlife, if any: After filling/reclamation, the site will be hydroseeded, and the surface will naturally re -vegetate. 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. _ 7 _ 06109 GAUpper Ba1ch12010 Special GF Permitlenvchlst 2010 Lipper Balch.doc Not applicable. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. M 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: No measures are proposed as no environmental hazards are expected. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Surrounding uses include the King County Roads Department facility, a King County transfer station, a King County surplus yard and the City of Renton Public Works yard. Though the surrounding uses generate some degree of vehicle related noise, such noise is not expected to impact our proposed project. 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. Continued levels/types of noise from truck and equipment operation. Regular truck hauling is proposed to be from 8:30 a.m. to 3:30 p.m. Monday through Saturday (Monday through Saturday, 8:30 a.m. to 3:30 p,m., was previously approved by the Hearing Examiner under Special Use Permit L000 -064m SP), and limited night truck hauling, for specific projects that require material to be delivered at night, is proposed to be from 10:00 p.m. to 7:00 a.m. Monday through Friday and 10:00 p.m. to 9:00 a.m. on Saturday. Operation within the pit would be during normal City work hours. 3) Proposed measures to reduce or control noise impacts, if any: No noise impacts are anticipated therefore no control measures are proposed. -a- GAUpper Balckt12010 special GF PermMenvchlst 2010 Upper Balch.doc 06109 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? SITE: Fill Site NORTH: Retail SOUTH: King County Transfer Station EAST: Greenwood Cemetery WEST: King County Public Works Storage Yard & Shop b. Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. None. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R -1Q f. What is the current comprehensive plan designation of the site? Residential Medium Density (RMD) g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No. i. Approximately how many people would reside or work in the completed project? Not applicable. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. -9- G:Wpper Balch126t0 Special GF Permitlenvchlst 2010 Upper Balch.dcc 06109 I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed filling will ensure the property is compatible with existing and projected land uses and plans. See attached plans for more information. 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: Not applicable. 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. Not applicable. b. What views in the immediate vicinity would be altered or obstructed? None. C. Proposed measures to reduce or control aesthetic impacts, if any: An existing eight foot tali fence provides perimeter screening. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off-site sources of light or glare may affect your proposal? None. -10- G:1Upper Balch52010 Special GF Permitlenvchlst 2010 Upper Balch.doc 06109 d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? None. b. Would the proposed project displace any existing recreational uses? If so, describe. ral C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. 03 b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. C. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Monroe Avenue NE, Jefferson Avenue NE and NE 4th Street are adjacent to the site. Primary access is proposed off of Jefferson Ave. NE and secondary access is proposed off of Monroe Ave. NE, as shown on attached plans. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No. C. How many parking spaces would the completed project have? How many would the project eliminate? None. - 11 - 06109 GAUpper Balch12010 Special GF Permitlenvchist 2010 Upper Balch.doe d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. The completed project will not generate any vehicular trips. During the projects approximately 210 trips per day could occur. g. Proposed measures to reduce or control transportation impacts, if any: Limit hours of haul operation to Monday -Saturday 8:30 a.m. to 3:30 p.m. and 10:00 p.m. to 7:00 a.m. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? if so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Applicable items are underlined. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, -12- 06109 WUpper Balch12010 Special GF Permitlenvehlst 2010 Upper Balch.doc and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentatio r willful lack of full disclosure on my part. Proponent Signature: (�A4LAK_ Name Printed: JA I V l� VIIVAt Date: 6� W -13- GAUpper Batch12010 Special GF Permirienvchlst 2010 Upper Balch.doc 06109 14450 N.E. 29th PI., #200 commonwealth Bellevue, WA 98007 Phone: 425-646-8591 LAND TITLE COMPANY OF PUGET SOUND, LLC 888-267-2303 Fax: 425-646-8593 May 12, 2010 La Pianta LLC 5811 Segale Park Drive #C Tukwila, WA 98188 Attn.: 3acek Pawlicki Reference No.(s): Order No.: RM - 40054787-T35 Property Address: NA, Renton, Washington Buyer/ Borrowers: La Pianta LLC CItY of Renton Planning ;division AIK, -9 LU ii] In connection with the above referenced Order, we are enclosing documentation as requested. If we may be of further assistance, please feel free to contact any member of the team listed below. Title Team Randy McCrory, Senior Title Officer, (425) 646-8591 rmccrory@cwtitle.net Chris Scurti, Title Officer (425) 688-9374 cscurti@cwtitle.net Brad Hallstrom, Title Assistant (425) 646-8589 bhallstrom@cwtitle.net 1-888-267-2303 Fax: (425) 646-8593 We thank you for this opportunity to serve you. Randy McCrory Title Officer Enclosure(s) Cc: La Pianta LLC Attn: Jacek Pawlicki Commonwealth - LAND TITLE INSURANCE COMPANY La Pianta LLC 5811 Segale Park Drive #C Tukwila, WA 98188 REFERENCE NO: /La Pianta LLC Order No.: 40054787 Liability: Charge: Tax: Total: SUBDIVISION GUARANTEE $10,000.00 $ 250.00 $ 23.75 $ 273.75 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Commonwealth land Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: May 7, 2010 Subdivision Guarantee GNT004 Page 1 of 5 SCHEDULE A 1. Name of Assured: Order No.: 40054787 La Planta LLC 2, Date of Guarantee: May 7, 2010 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: La pianta LLC, a Washington Limited Liability Company, which acquired title as M A. Segale, Inc., a Washington Corporation C. The estate or interest In the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 162305 9059 YEAR BILLED PAID BALANCE 2010 $2,015.92 $1,007.96 $1,007.96 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,007.96. LEVY CODE: 2100 ASSESSED VALUE LAND: $180,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 2. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: THE CITY OF RENTON RECORDED: ]UNE 21, 1996 RECORDING NO.: 9606210966 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDING NO.: PUGET SOUND POWER & LIGHT TRANSMISSION LINE A PORTION OF SAID PREMISES 2571770 Subdivision Guarantee Page 2 of 5 GNT004 J4 14 V7 Q8 BSK OrderNo40054787 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT PURPOSE: TRANSMISSION LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO.: 3425304 RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 3875580, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS-OF-WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 7809071074. RESTRICTIVE COVENANT IMPOSED BY INSTRUMENT RECORDED ON ]UNE 09, 1983, UNDER RECORDING NO, 8306090718. MATTERS DISCLOSED BY SURVEY: RECORDED: APRIL 15, 1988 RECORDING NO.: 8804159008 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF RENTON PURPOSE: TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 12, 1996 RECORDING NO.: 9612120153 AND AMENDMENTS THERETO: RECORDED: JUNE 02, 2006 AND SEPTEMBER 28, 2007 RECORDING NO.: 20060602001486 & 20070928000176 Subdivision Guarantee Page 3 of 5 GNT004 Order No40054787 Subdivision Guarantee Page 4 of 5 GNT004 Order No.: 40054787 EXHIBIT "A" THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 330 FEET; EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON, SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no Ila b114 for loss or da mage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may 'esu t in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims: (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels; ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured: or (3) which do not result in the invalidity or potential invalidity of any Judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) Tho validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records': records established under state statutes at Hate of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "data': the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall came to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause less or damage for which the Company may be liable by virtuo of this Guarantee. If prompt notice shall not be given to the Company. then all liability of the Company shag terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth In Paragraph 3 above: (a) The Company shall have the right, at its sale option and rest to institute and prosecute any action or proceeding, interpose a defense, as IimRed in (b), or to do any other act which in its opinion may he necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien tights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right in its sole discretion, to appeal from an adverse judgment or order, (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion CLIA Guarantee Conditions and Stipulations (Revised 12/15/95) of the Company may be necessary or desirable to establish the titre to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Companys obligations to the Assured under the Guarantee shall terminate_ - 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition the Assured may reasonably be required to submit to examination under oath by any author zed representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledi checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage, All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administraton of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third partles as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options. (a) To Pay or Tender Payment of the Amount of Llability or to Purchase the Indebtedness, The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, it this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. in the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Partes Other Than the Assured or With the Assured Claimant. To pay cc otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys fees and expenses incurred by the Assured daimantwhich were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2: (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect lien or encumbrance assured against by this Guarantee, a. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully parformed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdletien, and disposition of all appeals therefrom, adverse to the fide. as stated herein. (c) The Company shaft not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee. except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. If. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Tido Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company In connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. Ail arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shalt be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tide Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole,' (b) Any claim of loss or damage, whether or not based on negligenco, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs [)apartment, P.O. Box 45023, Jacksonville, FL 32232- 5D23. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH,UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 16 TOWNSHIP: 23N RANGE: 05E r . fpo. I r . 1' : i Ldl i RNSP LVA -01 -DRO -SNL - 2 00 061 79 0M ! I x! a •91x3 I �I / /�' — MTA . I p � I �6 I r � /• / 9]5f R / I"IASE 6 moo i ial pn / 4� ne y Vr j I I ' ; Y / 155 ex�s,S I i LUA-01090 - 200205179Ottg3 I I » �o lmA 11 Treneamerica Tate Insurance Uo : T'..,:....:,.�.F, ;....,,..�.-) re -A tz 4-,1t91U1 r+r Filed for Record at Request of 4amr_......TRANSAME RICA TITLE .INSURANCE CO 8038 - 35th Avenue NE Addrraa............................... . t. Seattle Wn 98115 • � City and Statc..............,............_.......»..e....._.,..: .---.�........................ #481101-7 -------------------------------------- � 71{45 SI4tE [; SE NlT1 fCR MCQlaf15 V3F. d fat+ 4 27 Lj19T�f .� `xoe� trs RE40R0$ 6 LUCTO.14S = In KING CcUN'y, WASK ----------------------------- ------••___� €' Statutory M=anty Deed _ ICORPORATE FOR4Y ..... .. ' . fes+ THE GRANTOR WEDGWOOD CORPORATION, a Washington Corporation, formerly FIRST INVESTMENT COMPANY, a Washington Corporation, for and in runsideration of TEN AM bi0%100 -- -• - •- - -• -- -- -- -- - •- - -- - DOLLARS in hand paid, conveys and warrants to M. A. SEGALE, INC., a Washington Corporation, the fulhAving described real e4late, situated in the County of King W& hington: State of The East � of the Northeast 4 of the Northwest h of Section 16, Township 23 Horth, Range 5 East, W.H., EXCEPT the North 330 feet; AND EXCEPT the East 30 Feet for right of way; LESS a -11 -coal 8nd'°minexa3s~' nd the-rsgl t t 10 -rd' tir 3r'id millid-th6 saiae. Situate in the City of Renton, County of King, State of Washington. SUBJECT TO: Easement for Transmission line recorded under Auditor'sCity of R File No. 2571770 and Easement for transmission line recorded under Auditor's File No. 3425304.x: Planning C AUG -- tj IN WiTSiESS WHEREOF, said corporation his caused this instrument to be e-Accuted by its proper officers this 25th day of September .0 74 CORP r*OOD 00 RA r By - LD f Op . Z s �s7 ID B. HILL, ` P►r.idrul. ETiiEL V,' MADi S�rr+va.t. �iK �,..t�xtg ,� ..•,��,' ,•�ayejHtKsy'ti,, y On .his 25th d,y of `stntkser. t4 74. hefotc 1 %Wiry Puf%lic' in .End for the Stitt of W,shingtm. duly conunissionc.i and scorn, persomilly appCsr *.4. David 8, hill utd Ethel V. Madiganto n,c known to he the Pmid,nt .u,d Snsrt,ry- i -1—:i -Ey, of Wedt� ssOk4�©n, armu,A First love%tment Co=ny, t c .nrit,r�• n It txrEutn, the nre�a,Enq hour t, `u ahtnawledt,•ed the slid insrruntent to be the fA*Z11141. for the uses aml rsrDls< thrum ruentiotned, utd art oath stated th,t .0 t,. +:tet L,t' the 11,.i in.t(unWnt tnd that the hCii . iXC—1 (4t tny) is the CotporstC sesl of S.tiy o)tp+)ti.Wik Waltc— mi, hand ,n,E mlici.d seal hereto idixcd the .fiv jnd s hest 11-0 - tten �T t? ,ntor Asiof z �Ay .it Renton DiviAOf'l (9 � � \ � � ��� ^� �� «: � . � �� \ r -N WHEREAS, on June 4, 1982, the Land Use Hearing Examiner for the City of Renton approved, with conditions, a Special Use Permit for filling the £olldwing described property; and WBEREA5, as a condition to that Spacial Use Permit the City has required.that the property owner record a Restrictive Covenant regarding an on-site.sytem for charging rhe ground with natural precipitation; and the owner desires to comply with said requirement; NOW THEREFORE, M. A. Segale, Inc., a Washington corporation, being- the NOW of the following described premises hereby makes the•following restrictive covenant in regards thereto: 1. -Legal-..Description of Premises the East h of''the Ndrtheast h of the Northwest of Section 16, -Township 23 -North, Range 5 East, King County, State -of Washington, EXCEPT. -the Nor th 330.00 -feet thereof; ANp'EXCEP.T the -East 30.00 feet for right-of-way; LESS 'all dual 'and minerals and the right to explore " for and mirie the same; -SUBJECT-TO easeffients, encumbrances, restrictions and xeservaticns of record. All situate in the City of Renton, County of King, State of Washington. 2. The owner, for and on behalf of itself and its successors,_ heirs. and ".assigns, hereby covenants and agrees that upon.commppletioin "of filli4 of the .abovP 'd'escribed''propert' 'an on -:site.. system . for- recharging aqudfli•e with najtural p'recipitation'shall:be installed. GO- h syystem shall be'such that na't'ural'precipi'.t9tion •falYing on the 'site "shag b.e, �atpirnsd• tq 'the ground by perculation; infection wells or othg"r i'easonabl6,,Aeids'; This requirement shell apply whether the land regains undevelope or is developed with on-site improvements. " 3, The :foregoing shall be a covenant running with xhb .land at -.law as .reek .as in, equity and is binding upon the 'successors 'ana 8ssigzYs of the° axaer.and all future persons owning interest• '-11A said -property. 't ' -4. This Restrictive Covenant .may, •in the 'future, ke r poved':by the.. - . ..owners -of the above 'described -property by wary rf a .termination --af' ' •Restrict"ive Covenant tpon a finding. -by the City of Rentbn.by; .ar4d."thzough, •i�ti.ilearing Examiner that'such'Gaveriant is no longer a necessary requIi6ten = •; of -the City: • - Qi,y.yr -e'pto Man ninq.nivi9i6n AUG " AIM . oone D RECD r 4.0o RESTRICTIVE COVENANT DFiSHSt, »a:n+i,o+7 WHEREAS, on June 4, 1982, the Land Use Hearing Examiner for the City of Renton approved, with conditions, a Special Use Permit for filling the £olldwing described property; and WBEREA5, as a condition to that Spacial Use Permit the City has required.that the property owner record a Restrictive Covenant regarding an on-site.sytem for charging rhe ground with natural precipitation; and the owner desires to comply with said requirement; NOW THEREFORE, M. A. Segale, Inc., a Washington corporation, being- the NOW of the following described premises hereby makes the•following restrictive covenant in regards thereto: 1. -Legal-..Description of Premises the East h of''the Ndrtheast h of the Northwest of Section 16, -Township 23 -North, Range 5 East, King County, State -of Washington, EXCEPT. -the Nor th 330.00 -feet thereof; ANp'EXCEP.T the -East 30.00 feet for right-of-way; LESS 'all dual 'and minerals and the right to explore " for and mirie the same; -SUBJECT-TO easeffients, encumbrances, restrictions and xeservaticns of record. All situate in the City of Renton, County of King, State of Washington. 2. The owner, for and on behalf of itself and its successors,_ heirs. and ".assigns, hereby covenants and agrees that upon.commppletioin "of filli4 of the .abovP 'd'escribed''propert' 'an on -:site.. system . for- recharging aqudfli•e with najtural p'recipitation'shall:be installed. GO- h syystem shall be'such that na't'ural'precipi'.t9tion •falYing on the 'site "shag b.e, �atpirnsd• tq 'the ground by perculation; infection wells or othg"r i'easonabl6,,Aeids'; This requirement shell apply whether the land regains undevelope or is developed with on-site improvements. " 3, The :foregoing shall be a covenant running with xhb .land at -.law as .reek .as in, equity and is binding upon the 'successors 'ana 8ssigzYs of the° axaer.and all future persons owning interest• '-11A said -property. 't ' -4. This Restrictive Covenant .may, •in the 'future, ke r poved':by the.. - . ..owners -of the above 'described -property by wary rf a .termination --af' ' •Restrict"ive Covenant tpon a finding. -by the City of Rentbn.by; .ar4d."thzough, •i�ti.ilearing Examiner that'such'Gaveriant is no longer a necessary requIi6ten = •; of -the City: IN WIT ESS theie covenants have been executM this day of A 1983. M. A. SEGALB, IMC. 2 - r. . . . . . . . . . . . . . 37 ey Rapmm� STATE, OF -WASHINGTON) COI M'OF KINO" On -this. -day of 1993, before.*Me, the ers9r 0 _.0, kR' rrn Unde'rpirned 8. if 'in' tan ot M_ A, bbLipwilp INC.$ a .to bA corporation; tne -cOrpoTajcjLon .9 :t Um a roar executed the foregoin'g ' Ani r. epl? nd.. acknowledged said instrument act ft to be -the f-ree and. voluntary acid F.- ti" d nd ot-suld cor]poiati'on, F6r'the uses and purposes theTein-me e. On' Umint Shah. oath itatid'that he was authorized to execute said instr an the seal affixed (if- any) is the corporate seal of -said' cor PLrAt 0. Wifn�S m- and.official seal the a y and year last­dpoir f hand or t Ln an or t res 8 a of r'ima 1118 -at. 31 U a of MI. 2 - r. . . . . . . . . . . . . . , 4 0: PIT CLA= DEKA Re ton F)Ianninq Dig ior, The Grantor herein- M. A. Segale, Inc.,'a Washington corporation, for and in consideration of mutual benefits and other valuable considerations, conveys and quit -claims to the City of Renton,. a municipal Cor oration of the State of Wash- ington, all iirterest-in the fol9.ouing described real estate: 7 The East 30 feet of the NE 1/4 of the N':d 1/4 t of Section 16, Township 23 North, Range 5 East, WH_ EXCEPT tha North 330 feet thereof. Situate f in xing County, Washington. 1 �;?CI`iL T l., -'T Reserving unto the Grantor herein, and to its successors and assigns, the right to reasonable vehicular and pedestrian access,' and the sight to run utilities oder, upon, under, and for the benefit of Grantor's ad- ±,• across the -described property _'=' j4lnln�'18'�de. Grantee ay,rees that utilities -will be available to _=. Grantor without "late comer" or other special charges other the i than the diteet cost .of -the installation and connection to to -provide and maintain e " Grantee' s,' facilities. Graritee agrees six.foot high chain link fence for the full length of the property herein conveyed adjacent to the Grantor's property. Said fence wfl7.be erected with twc forty foot gates, each having two twenty £ t him ed leaves at locations a"aaable to the Grantee and 00 g the Grantor. The Grantee agrees that sloping and associated grading required for the-constxuetion of eais oro;ject shall be ,subject to the vrior approval of. the Grantor. Grantee agrees to defend and hold harmless -the Grantor, and Grantor's successors, assigns, employees -and agents against any and all claims associated with the construction acid use of the road to be constructed by Grantee on the described property. r Pated this lvl day of �,r-•- '-- —' 1978. s c Attest: .�i ecr CITY Or MALE. INC., Grantor By; r4d3;c� syOC Gram ,} $y.4, lis`!CD ACtest: 1 �;?CI`iL T l., -'T reran r4d3;c� syOC �..... , .,.- ----------- --------------- -. - - - �__....... ........ t. i STATE OF WASHIt4GTOP1 j ss COMTY OF KIPS ) I t On this' 7- day of , 1978, before cue peraanallyy appeare3 . A. Segale an nna A. Segale, Cc me known to be the President•and Secretary of the corporation 16, . •'respectfully, and who executed the within and foregoing instru- I meut.and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uaos,and t purposes therein mentioned, and on oath stated that they were auth ,s arized to i6xecute the said instrument and that the seal affixed ie.t.he corporate seal of said coraoration, IN WITNESS I-REREOP, I have hereunto set my hand and ''affixed my official seal the day and year first above written - NOTARY n and f or C e State of ashington, resid'an& at I' ii h ?� Quit Claim Deed Segale - .Clty of renton ' ii/W 377 .i. .q :A•.i. s�1 .-Y.... .:''i.:''... ,.a �.-.,..., ,... ..,er}:Jl.._. ........_. -s .r_._i_'.�.: ': '':: ,.....,''i� .,.:r - _... -' -. - _ -- — ---------- ----------- O FICLED fvr' Record at Request a' or H 1�7 4 T.75 TIF -, "U A16L.L AVI?, SCArl-ti RENTON. WASH, PR1d Nov 18-29 9-12 Nov $-w9 $16 &Ogvo �i The Poderal Lund Bank of Spokeae, a oorp under the Federal .:arm ty of Loan act aPPTOVed Sul 17-16 „ ei7tpn to Sohn McPherson I�nr�irr --- em ars 458 --- Jan 11-24 ___ 885 --- 139 q DiViSlor) The rts, pl iv and auth 476Lnted to Pu:2pt Sound Forcer ry Lt Co under tht certain eamt axe by soba Mel'heraon, 8 bash and r.c in vol AIiG 3 )016 1416 of deeds pg 395 roe or k(m over, upon; and so: oss ;.he fdre sit in kew Sj of SIS of S: of Seo 10 Tp *5 19 R 5 ova excepting the Go roc f� This partl rat is made for she purp of correo ting a prior part' 8i��fifi EgVE0 dtd Tul 6-29 fid Vor r-:io on Sep 7-29 and reo in book 1098 of Mtge pg 279 as au4 file No 2558283 of the zoo of Im ITW - bal Ino sig and <ek am --- order Nov 18-29 9-12 2571770 dot 29-26 Dept, of pub Lds, Off of Lamar �y • in re Agplic xio 15725 by Puget Sound Power to Company for rt of way for tr .a 1a over certain state lds in ka It appearing to the Comer at this time tht applio Na 13728 was rid in this oft by the Puget Sound Pwer & lid Co for an esmt far rt of way for tranamiosion line over and across the Ni of NWj, the SWJ of NIF� and Lot 1 690 16 Tp 23 N H 5 R just E of Renton, Sow and It further appearing tht the applioant is a pub oorp proposing to construct ao]:oss the Id covered by ad applio a trans In for the pump of transmitting electric power; th'b the Id within the rt of wey so applied for is ltd to as amt neo for the purp required togthr with suff l.d on either side thof for ingress aIL egress to maintain and xepair the am, and it further appearing tht tris rt of ways Funs diagonaT thru th-e Ids involved and isolates a pta betty the present rt Of way grant and a former grant made to this sue Oo under applio NO 13409 tht It will be neo in the granting of the esmts to provide fcc Ingress and egress to ad isolated tt,tht there are no impvta belonging to the state ane the Id ino in ad rt of way and there being no reason why ad rt of way should not be granted, it is thfore Ordered and determined tht the full val of the Id ino within the ad applio toghr with the full val of the timber thou be and the am to bby fixed and appraised at $1425.; tht ad amt toghr wi til the stat Poo for imisuing a oerti has been pd and the rt: power prVir and auth to construat, operate and McLntain is transmission In over and aorass the ld hinafter des may be exercised in accord- ance with the statutes The ad 1d inc within this rt of way being more- partio d f Tose portns of the Ej of M , the avis of NWJ and Lot 1 Spo 16 Tp -23 14 R 5 awm ino within the limits of a strip of 1d 100 i`t In width hsviag= ft of such width on. each side of tba fol des con)" In: Beep an the N In of ad sec 15, 225.16 ft W of the quartsx car on ad N In and run th 3 3'5211011 W 231.6 ft, S 33'03129^ W $855.9 ft and $ 13944455" E 2118.4 ft to a pt on the S in of ed See 16 woh is 928oll. ft E of tba, sw car thof &abj however to rt of !say for power In -granted to W.T.B6ker thru deed issued Jul E5-1699, also Subj to rt of way for Uo road granted .Ian 10-23 under applio No 852, also Subj to rt of way for traria in granted to Chicago, Lill & Ste Paul Rly Feb 17-.19 under applio *0 10511. T:t a rt of way hinab ove desha8 an area of 10.52 eo aco t o t10 plat thof on file in the ort of the Comsr of Pub Lds at Qj. a� It is further ord tuid determined tht thla eamt is grantees subj to the rte «r the State or its sue to ingress and egress to reach such Ids or timber as ala y be isolated or out off from a wmaratxty aooess to roads or transportation, it being under tht unddr- no oondl are to ing operations or anther into to interfere with or derange the am lice or appurt thio as conatd by the gtee thin the Puget $ and Power & Lt Oo C.v.Savidge, Co" of Pub Lda Com of Pub `Ld S1 (IQ am as 766) (S) --- ID if 9 44" .3,14 2 •3:0 0 il 9.35' t -L-of ibya �1: all.etfi slid h�l f . InS'sk-Lunt!:dp aw dl- d :raw; rp I wo . r fie. -0ity. A v a ab. " 1 3 Llo-4, X.` 'G6116tt _1101ma. F ;�cliett Uollstm, an 'Thelm kbit2-8-- a 943 by:L d hw, :b�fioirb -WnVm ,r,.e of burn ti s Zqn7P . X, 21 6 1� :ad ".4,MIC N, sigb�.t a a. Carlo 4'. 97069 :10 A o f. "so --'-350 T V p' -P J.: a ne --ra V. it 100 9 t.h 4, 'ev, tv 0 -it 10-'0n any liar_ W.-Pf sr --on -h—P - or .0 ulan, 77. "'342-5,3.1 Wr! -f,q ci 10 - W -j iJ a .C* II.P 4' OIL 9'4,4� T V�& , .' 6".. 0-,...._ vo fly -eru '4 N b'� byQ� 43 '�'9 W. Ne A e t s 'N", t po tV:Ld -.1 wi-Y TO" 01, I -iipe*� -or. so tt Nil- gL y Tr 4 n %z NAR ths 'df -n �ZoRV sr 6-.00 3, .0 CU, t rE ),jii IbAkbdi't girn. Mv6_ x -Bet: i-ITyc'sElb PL -.-dt s jaAl,e 3--.1947: PT .5' %0 )3. -Ysi i'' A 61bsilirw. th 6e .0 No r _r. 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Q J, n -%40,V,!,.VOr't ;s:C. 46p:t bt," 0 We 4- AS, 4 a-id'.fi,'."!L-,....:-,,."�-,,�.', - ". - . - i L)r". valid 6101.1inL". j, 61:.ji 3 & 1 1:n6 ri� ght BIX A— al _Sd Me, 673 oly.­.ldh�/.IiittW-p by 6 yed` A. aljm z fro 14" BL�A4 �ia ' U 1-MIC 33` t bt d:aya M tAFob&G""j MMR, . A.jjg6ptj:y . _. ww, ph spri , -to'gle -h! b sp ;ps- x L . bl's s't )I !—Vol 10, -11 w 4-4 .U.Bpreas no nM 0 24 App D FOV -7-4c) -3 State 'of".VashipSton to Mio 0. Vbiba & Agnea .7. White, hWf 'b;s ai.'eonvey t6 sp &to h & a V#F* -fall -deserbd sabool land idt HE of:-HW•i of sect- 16 tmp 25 N r 5 E VM contalralig 40 auresearl to tli* g6viv�iiipt survoy -thof gubj- tb!!ijjjj&tjj 0 iiay for Uranst4asion llubA hrtdfowe i1pp. U-61ktuli -#11 a 1B05%. 31S& --:L3728 Lklibj-, to .44fifit"7'k A-ght:'. 0:f 'Wily far 00 j-ojLd jjj;tdfqre- granted -imdep. right' -oZ-.` for rr hrtofars' griaitsid un"r ap3lih4�# *R- --M - Thombovik9=A4I I . ma. -27P17" . !-I -Att;mjjt't-- 1jay J., YfoorjAsst See ty.of State V. V. KTI B.G. White P.O. Ex. 24F Rout=,. WD 4 3875583 - MOD 191M 01 1011T."A ft fbi Thmaz H. Pritchard. I` -T.110 t 1 a A R -JL '"M IC,54 A iA 14Ef F RECORDED RETU[N To' Office of the Q;.h 35rk RlentQn hlunici.;.i building 200 M Menu U South RentDa !A 950 v C; LU -� CERTFICATE 1, the (perk of the City of Renton city of ;-�aatoin, WasHngton, cer ythatthis is a true ;planning Division and correct copy of / SubscrIed and Seal AUG _ 9 Wt CITY OF RENTON, WASHINGTON ORDINANCE No. 4612 AN 0RDnUXCX OF THE CITY OF REL W, WA;SR334GTOW, ESTABLISHING AN ASSESSMENT DISTRICT FOR SAWITAHY SRwER SERVIM IN A P027ICH OF THE SOUTH HIGHLANDS, HEATHER DONNS, AND NAPLEWOOA SAH -BASINS AND ESTA]BLISSING THE AMOUNT OF THE CHARGE UPOH CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTOR, WASHINGTON, DO ORDAIN AS FOLLOWS: SBCTIOK There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by_the Bast Renton Sanitary Sewer Interceptor irx the northeast quadrant of the City of Renton and a portion of its urban growth area withias C unincorporated icing County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit hB." The recording of this document is to provide notification of potential connection and interest charges. idle this connection charge may be paid -at any time, the 4 City does not require payment until such time as the parcel is connected to and thus benefiting from the sewer facilities. The property may be sold Or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTIO Persons connecting to the sanitary sewer facilities in this Special Assez$Ment District and which properties 0 ORDINANCE 4 512 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.552 per dwelling unit and all other uses shall pay a unit charge of $0.069 per square foot of property. Those properties included within this special Assessment Distritt and which may be assessed a charge thereunder Iare included within the boundary legally described in Exhibit "A" and which boundary is shown on the 'm.G.p attached as Exhibit "B ." j SECTIcK II , In addition to. the aforestated charges, there shall be a charge of 4.11%- per annum added to the per unit Charge The.interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest changes will be simple interest and not compound interest. SECTION IV. This ordinance shall be effective upon its passage, approval, and thirty (34) days after publication". • PASSED SY THE.CITY COUNCIL this' 10th day of June ---A- 1996. )Ma2ril J etersen� City Clark 2 i URDAICE 4612 APPROVED BY TH19 MAYOR this 30th day of June 1996. Jes a Tanner, Mayor Approve as to f oxm AA Lawrence J. warren, City Attarney Date of Publication: 6/14/96 DRD.576:5/20/96;as. Cq CT 3 Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON - EAST RENTON INTERCEPTOR Portions of Sections S, 0, 10, 11, 14, 15. 1£. 17, 21 and 22 all in Township 23N, Range 5E W_lVf_ in King County, Washington Section % Township 23N, Range 5E W.M. All of that portion of Section S, Township 23N, RAnge 5E W.M. lying East of the East right-of-way line of SR -405 and South of the following described line, Beginning at the intersection of the East line of said Section 8 with the mnterline of NE 7th Street; thence Westerly along said centerline of NE 'nth Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast V4 of said Section 8; thence West, along said North fine to the East right-of-way lane of SR -405 and the terminus of said line. Section 9, Township 23N, Range 5E W.M. All of that portion. of Section 9, Township 23N, Range 5E W.DA. lying South and East of the following described line: Beginning on the centerline of -NE 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to its intersection with the centerline of Nionmv, Avenue NE; thence North along said centerline to the South line of the Northeast 1/4 of said Section 9; thence East along said South line to its intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the centerline of NE 10th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10, Township 23N, Range 5E W.M. All of that portion of Section 19, T wnship 23N, Mange 5E W.K lying Southerly and Westerly of the following described line: Beginning on the rest line of Section 10 at its intersection with the North luxe of the South 1h of the North. 1/2of said Section 10; thence East along said North line to its intersection with the centerline of 142nd Avenue SR; thence Southerly along said centerline to its intersection -with the North line of the Southeast 11 of said Section 10; thence East along said North line to its intersection with the ]East line of said Section 10 and the terminus of said line. F:M6i.TAl.geiki94.a?rtZ WME06Ai LEOALdw Legal Description of the Spec-aaI Assessment District for the City of Renfotc - East Renton fnter tar Page 2 of 3 Section 11, Township 23N, Range 5E W.M. All of the Southwest V4 of Section 11, Township 23N, Range 5E W.M.. Section 14, Township 23K Range 5E W.M. All of that portion of Section 14, Township 23N, Range 5E. W.M. described as follows. All of the Northwest Y4 of said section, together with the Southwest X14 of said section, except the South V2 of the Southeast 1/4 of said Southwest 1/4 and except the plat of McIntire Romesites and ]/y of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82. Records of King County, Washington, and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar Pdver Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, Records of King County, Washington, less th of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, less 1 of ; } the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of �} the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and Less q4 Ih the street adjacent to said portion of Tract 5, Block 2. CSD Section 15, Township 23N, Mange 5E W.M. CI! All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest A of the Southwest 1/4 of the Southwest 114 of said section. Section 16, Township 23N, Range 5E W.M. All of that portion of Section 16, Township 23N, Range 5E W.M., except that portion of the Southeast 114 of the Southeast 1/4 of the said Section 16 lying East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats Volume 39, page 39, Records of King Ccunty Washington and its Northerly extension to the North line of said Southeast V4 of the Southeast V4 of the said Section 16 and except that portion of said section lying Southerly of the Northerly right-of-way litre of SR 169 Maple Valley Highway). Section 17, Township 23N, Range GE W.M. All of that portion of Section 17, Township 23N, Range 5E W.M. , lying Northeasterly of the Northeasterly right -of --way of SR- 169 (Maple Valley High Y) and Easterly of the East right-of-way line of SR -405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE Bring s t* DATAVMparozmgVMurEvrseosu LEC,aLcx Legal Description of the Spe€ial Assessment District for the City of torsi Renton r r e 3 3 between the South line of the NE 3Td Street and the Northeasterly margin of SR - 405. R405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the N©rtheasterly right-of-way line of SR -169 (Maple Valley Wg)�way] and West of the .East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39, page 39, Records of Ding County, Washington. Section 22, Township 23M Range BE W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. described as follows: All of the Northwest V4of the Northeast 1!4 of said Section 22 lying Northerly of the CDSoutherly line of the Plat cif Maplewood Heights as recorded in the Book of Flats, 01 volume 78, pages 1 through 4, Records of King County, -%Vashir�on. Together with the North 227,11 feet of the West 97.02 of the Northeast IA of the 94 Chi Northeast K of said Section 22. C,O P:w+1rAv;F►n t �4Tmf�RE"�ttS E 0614o1b" �� � Off!" Of t;reC�LVCii`ii4 j ]Mari Mj4al Hufldiag 2W MU1 Avg 50-� i Ra ion, WA 98055 i r rrrnrdiflg r tD: La I c/o , PO Partnership, ORIGINAL REfic1�U UJIS [JAY City Of penton Planning ��VISIOf� Cir i i I 4-3 A 16 36 r r�i! 11 ❑ WA 9 �] L� E M= wim At3R$EMBNT THIS AGREEMENT, made this 7N,k day of 1996, between La '*1 La pianta Limited Partnership, a Washington limited partnership ("Grantor''), and the City of Renton, a munielpal corporation ("Grantee"). WITNESSETH: +!� # WHEREAS, aver the Past several years, accumulatior�a of rainfall daring extreme rainfall events, such as on May 16, 1994, have caused surface water to pored and overtop :the street curb, run onto property adjacent and to the north of Grantor's property, and into Grantor's property, causing severe- erosion, evereerosion, to or -cur; and WHEREAS, Grantee's existing storm sewer system is unable to convey extreme rainfall event storm water volumes quickly enough to prevent ponding at the intersection of NE 4th and Monroe Avenue NE, and the resultant erasion; and WHERFA5, Gramme and Grantor anticipate future ponding and resultant erosion in the vicinity G of Grantor's property unless treasures are taken to modify Grantee's existing storm sewer system; and WHEREAS, Grantee is currently studying the potential methods and means of permanently improving its existing storm sewer system to manage. extreme rainfall -eveat storm water s0 as to, avoid ponding and resultant erosion in the vicinity of Grarwes property; and is WHEREAS Grantee desires to construct, operate and maintain a temporary overflow storm drainage system to discharge extreme rainfall event excess storm water runoff to Grantor's property until p Grantee has designed and constructed such permanent improvements to its existing S or>in water system; �•' and WHEREAS, Grantor is willing to pew Grantee to construct, operate and maintain such a temporary overflow storm drainage system under certain terms and cmditions; �i Y NOW THEREFORE, in consideration of mutual benefits, the parties agree as follows; .. li E I. DANT QE MffMARY BASEMENT. As an accomrn;adation to Grantee, Qrantor grants and coneys unto Grantee a temporary emernent, over, across, under and through Grantor's property fthe TEM'P'ORARY LkSEMSNT FOR SURFACE WATER DRALNAG£ OVEMOW AND AUPJjE1�NT "Easement Area") for the specific purpose set forth below, which easement shall run with the land described herein for a period not to exceed the term hereof. The Easement Area is wore particulazly described on EKHMr "A" attached hereto and incorporated herein by this reference. Grantor's property is more particularly described on EXHEEHT "B" attached hereto and incorporated herein by this reference. 2. pugpQS , The purpose of this easement shall be to accommodate Grantee's construction, operation and mainntenanoe of a system for conveyance and discharge of certain surface water ("Permitted Drainage") from Grantee's wissting storm sewer system onto and into Grw=x's private property on a tenVorary basis (the "Temporary Overflow System"). The TenTerary overflow System shall be designed such that PemiLitted Drainage shall be conveyed onto and into Grgatoes property only under cirumsmuces when Grantee's existing storm sewer system is reasonably expected to overflow, and the conveyance of Permitted Drainage* hereunder shall occur only in quantities necessary to prevent overflow of Grantee's existing storm sewer system at the low point thereof located northeasterly of Grantor's property. For purposes of this agreement, '"Permitted Dradnage" shall mean quantities of storm water accumulating during extreme rainfall events only and which cannot be accommodated by Grantee's existing s#vrm sewer system, excluding solid materials of any hind, contaminated matefials, and any other materials which may not properly be placed on or in Grantor's property pursuant to applicable taws, rules and regulations or permits benefitting Grantor's �Q! proper including Special Use Permit SP -92-174 issued by the City of Renton. €Y 3. TERM Qj EASEhMI+T'I'_ This Easement shall oommmce as of ttA date hereof and shall be coterminous with Special Use Permit No. 5P-92-174, and shall be automatically extended to be coterminous with any subsequently issued Special Use Permit authorizing Grantor to continue 10 fill Grantor's property provided that such subsequently issued Special Use Permit contains substantially the ' sante rights as are granted under SP -92-174, and provided further that this Easement shall in any event torrnir►ate and expire on May 31, 2006, or on such sooner date as improvements have been made to Grantee's existing storm sewer system such that the need for the Temporary Overflow System"and this easement is obviated_ Under no'circumstances shall this easement become permanent. Upon Grantor's request, exantee shall execute and deliver to Grantor an instrument in renordable farm quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. SP -92-174, authorizing Grantor to continue to fill Grantor's property, this Easement and Agreement shall be deemed immediately amended to provide that Grantee shall as sume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm wafter munit,oring and sampling and testing of storm water ori Grsntur's property. At Caantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantee's obligations arising out of such subsequently issued permit. 4. OMMA71ONS OF U"NMEBASIN— 5 Rll+i S R Grantee contemplates the design and construction of a storm water system far the Int. Olivet Sub -Basin of the Lower Cedar River Drainage Basin which Sub -Basin. includes Grantor's property ("Basin Storm Sewer Improvements"). As a material consideration for Grantor's agreement to eater into this Easement and Agreement, Grantee covenants, warrants and agrees than: (a) the Basin Storm Sewer improvements, shall be sized to accommodate storm water from Grantor's property; and (b) Grantee, Shall support the acceptance into its Basin Storm Sewer Improvement system, of storm water TEMPOMy EASgMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT Page 2 of 9 f m Granboz's propedY, and, subject to applicable surface water ordinances, accept such storm water. Grantee's obligation under this Section 4 droll survive the expiration or termination of this Emement. . All construction shall be awomplished by a licensed and bonded conitractor anchor My of Ren= crews, and Grantee's construction of the Temporary Overflow Sym neeessarY to convey and discharge the Permitted Drainage onto Grantor's property shall meet all City of Renton requirements (including City of Renton Ordinance No. 4367, relating to the protection of the Aquifer underlying Grantor's property) and the requirerawts of any and all Other regulatory agencies with jurisdiction, and will in no way restrict, inhibit or interrupt the flow of storm water generated on Grantor's property _ t a, . GrWAe agrees to construct the Temporary Overflow System and to modify it as necessary to acmroodaie the GranWa use and filling of Grantor's Property, all at Grantee's sole expense. Grantee warrants that the Temporary Overflow System, in Gil respects, including any portion which maybe constructed or reconstructed on other persons' property, shall be sufficient to prevent ponding and resulting overflow of Grantee's existing storm sewer system in Monroe Avenue N.E. in the vicinity of G=Wes property and any related erosion arising out of extreme rainfall events occurring after wmpledon of construction of the Temporary Overflow System b, Qply PermjtW D[stge Allo Grantee agrees that only Permitted Drainage as defined herein, is authorized to be conveyed and discharged onto Orantoes pro�rty. Grarrte0 covenants and warrants that it sball use its best efforts to ensure that only Permitted Drainage is conveyed onto Grantor's property through the Temporary overflow System during the term of this Easement and Agreement. If, despite Grantee's best efforts, substances or materials other than Permitted Drainage are deposited onto or into, or flow onto or into, Grantor's Property, Gtanm agrees to remove the same and to restore Grantor's property to its oondition prior to such flows and/or dispolial. C. plans i r. Grantee agrees to submit a copy Of the' plans and specifications of Grantee's proposed Temporary Overflow System to Grantor or its representative fax approval not later than. fifteen (15) days before exercising any of its rights under this Easement and Agreement or entering upon Grantor's property for any purpose in connection with this Easement and Agi cernau. Grantor shall have the right during such fifteen -day period to review the. plans and specifications, and in the event Grantor shall observe a defect therein, it shall notify Grantee prior to the conclusion of said frfteert-day period, and Grantee agrees to take all steps necessary to correct any such defect. For purposes herein, the term "defect" shall mean the failute to observe reasonable and customary construction and engineering standards or any manicipai or other regulation. In the event Grantee does not comply with the intents and purposes of this requirement, an entry upon the property, commencement of construction of the Temporary overflow System contemplated by this Easement and Agreement, or exercise by Grantee of any of its rights under this Easement and Agreement sball be unlawful and shall cause this Easement and Agreement to be null and void. Irrespective of Grantor's actions under this Section, Grantor does not and will not make any covenant or warranty, express or implied, that any such plans or specifications submitted by Grantee are accurate, complete or in any way suited for their intended purpose, or in compliance with this Easement and Agreement. Further, Grantee shall indemnify and hold Grantor harmless from any liability, claim Gr auk, including attorneys' fees, arising from aay injury, damage, cost or loss sustained by persons or property as a result of any defect in design, materials or workmanship. TEIpORARY EA$MvMNT POR SURFACE WATER DP-VNAGE OVERFLOW AND AGREEMENT Pap 3ofs In the event Gramor shall not wfify GYrantae in writing of my ddW or" not demand the correction of same within aaW fifha&-day pmivd, Grame and its r$pre wmwivea may proceed to undertake the c onuructimt of the Temporary Overflow System and Apmemea and may otherwise exercise its rights tinder this Easement and Agreement. Silence on the part of Grantor, or acceptance by Grantor of any specifications, however, shall not abridge or eliminate any covenant or warranty herein made by Grantee with respect to the safe operation of the Temporary Overflow Systent- Grafi un+derstarnds and agrees that Grantor in w way warrants anytiftS with regard to the surhability of Grantor's property for Grantee's intended use, or of any unobservable subsurface conditions in the vidulty of Grantee`s proposed Temporary Overflow System or elsewhere. Grantee adimowledges that Grantor has existing permits to fill Grantor's property. Grantee covenwits to ddmd and Wd harmlem Grantor for arty loss or damage suffered by Grantor or to adgWring property &am the vw or misuse of Grantor's Property, including #tB Easement Area in the course of Grantee's construction, repair, maimmattce and operation of the Temporary Overflow System, including any such damage or loss of soil support, damage or loss to structures, pavement and other improvements aW lan&caping including plants, shrubs, trees and Other vegetation. Grantee likewise covenants to defwA and hold hatless Grantor from any such loss or damage arising out of the insufficiency of tate Temporary Overflow System. Grarrtee 0.150 covenants to Clean up the affected area of Grarttces property after construction and restore said area to the condition► existing as of the date of this Eue eSt and Agreement. e, "] ation of N+1onitoring Wells• Monitoft. Grantee shall fitli'ill the requirements of City of Raton Special Use Permit SP -174-92, if r®quired by the City, as respects the hatallation of CQ groundwater monitoring wells and water quality sampling mid testing to monitor the wells on Grantor's 6^ GRANTEE'S RIGHT.QF ACCESS. Grantee shall have the right of access aver and across the FAsement Area to enable Grantee to exercise its rlgbts and fulfill its obligations hereunder, provided, that Grantee shall reasonably compensate Grantor for any damages to any pavement or landscaping located on the Ea meat Area and for any damage to Grantor's adfacent real property and/or improvements caused by the exercise of such rights of W -MR. Grantee shall also have the right of access over and across Gera nmr's property for the purpose of trimming and removing the flex pipe which will extend into Grantor's property. Such access shall be provided by Grantor upon prior notice from Grantee or upon (hantor's notice to Grantee that the trimming is required (which notice Grantor may, but shall ha -►e no obligation to give), and in any event in accordance with arrangements made between Grantor and Grantee at the time of such notice. 7. GRANTQR'S /ISE OF THE EASEMENT ARE -6. Grantor may use the Easement Area for continued placement of till and for any other purposes not inconsistent with the rights herein granted, provided that Grantor shall not: S. Erect or maintain any building or stmctures within the Easement Area, provided however, that asphalt -paved access roads may be constructed and maintained; b. Develop, landscape, or beautify the Easement Area in arty way which would unreasonably increase the costs to Grantee of restoring the F,a3ement Area and any private improvements therein; or TEWORARY EASEbMgT FOR SURFACE WATER DRMNAGE OVERFLOW AM AGREEMENT Page 4 of 8 e.. Utast within fifteen (15) feet of the Easement Area. Grantor reserves all rights with respect to and including the Easement Area and its adjacent real property, Including, without lirnitat m, the right to grant easemenss, licenses and permits to others subject to the rights granted herein. g. iNSURA=. Grantee shall, at all times during the period when this Easement and Agreement is in effect, keep in fail force and effect a police of Comprehensive or Commercial General Liability Insurance with a Broadening Liability Endorsemeau with respect to the Easement Area, the Temporary overflow system, and liabilitles and obligatiow otherwise arising under this Ememad and Agreet=t or applicable to G se's exercise of any of its rights hereunder, together with Business Automobile insurance to include owed, nw"wned and bired sato as applicable, all with a combined single. limit per occurrence for personal or bodily injury add property damage of not less than Five Killion Dollars ($5,004,000-00), or in such greater ats as Grantee may, from tune to time, acquire. The policy shall name Grantee as insured, and Grantor as an additional insured and/or named insured with respect to Grantor's property, as required, and shad contain a clause that the insurer will not cancel or change the insurance without first giving Grantor thirty (30) days' written notice. The insurance shall be provided by an insurance company approved by Grantor and a copy of the policy or a ce Micate of insurance shall be delivered to GrAVor from time to tune upon Grantor's request. Ali liability policies A shall be written as primary policies, not contributing with and not in excess of coverage which Grantor may carry. All such insurance shall specifically insure the performance byGrantee of the indemnity agreement as to liability for injury to or death of persons or damage to or destruction of property N contained in Section 14 herein, entitled "Grantee's Agreement and T1ldernnit ". Grantee's obligations T under Section 14 herein, shall not be construed to have been limited by the amount of insurance required or provided in connection with this Easement and Agreement. g, tl_PERA Old. MAINIENANCE ANIp UpAlgAY GRANM. Gramme covenants and agrees to operate, maintain and repair its existing storm sewer system in Monroe Avenue N.E. and N.E. 2nd Street and, its associated inftltraUon system In $ first class maBn", and shall clean out and remove aoc� ,Mated sediments from such system on a regular basis to keep to a minimum the need to allow storm water from Grantee's existing storm sewer system to enter onto Grantor's property. Grantee hereby aovwants and agrees to pay all costs of maintenance, repair, and reconstruction of any portion of Grantee's stOm sewer syStem, including the Temporary Overflow+ System, upon Grantor's property, 10. 0ANT 'S RIGHT TO TEMP 1tA Y SUSPEND EASEMENT RIGHTS, In the event: (a) Grantee's use of the Temporary Overflow System shall, in Grantor's judgmam, impair or restrict Grantor's use and/or filling of Grantor's Property; or (b) Grantor's Property no longer has sufficient capacity to accommodate Permitted Drainage, Graatee shall, at Grantor's request, suspend Grantee's rights under this Easement and Agreement until such time as Grantor gives Grantee written notice that Grantee may resume use of Granter's Property hereunder, During such suspension of rights, Grantee SW continue water quality sampling and testing as described herein and all of Grantee's other obligations hereunder, including those described in Section 3.a above, shall con6we is fall force and effect. 11.ORADRI TE This Easement shall terminate upon completion of GratWr's filling operations or at Grantor's desire, upon written notice from Grantor to Grantee advlaing of the date on which the Easement shall terminate (7wmination, Date"). Within thirty (30) days following the Terminate Date, Grantee small remove any and all Improvements and shall ITAWGRARY YAs MF.NT FOR SURFACE WATER DRAxNAGE OVERFLOW AND AGREEMENT Pais 3 of a 2 WAN resWc Grantor's property to its condition as of the dare hereof. Ugom expirUWR or termination of this Easement, Gran#ee covenanis and agrees to remove any and all contarrainants, solid materials, ants, sedimesas and/or any other maursals (excepting only permitted Drainage), which have been deposited onto Grantor's property duri g the term of this FASearent. Grantee's obligations to restore Grantor's property, remove other than permitted DraWago *ffafram, and to iadmnify and hold Grantor harmless from claims or d2mages relating io Grantee's exercise of its rights or performance of its obligations hereunder shall survive the espiratkM or twudeation of this Eammmt. 12. KQn=. All notices under this Easement ad Agreement shall be in writing ami delivered in person or sent by registered or certified mail: to Grantor and Grantee at the address indicated in this Section 12; or such other addresses as may from time to time be designated by such party in writing. Notices delivered shall be deemed given when received and notices mailed as aforesaid shall be deemed given an the date of such mailing. GRANTOR: LA MANTA LDMTD'PARTS F. U. Box SMO TukvAla, W aahington 98 LM ATTN-. Ann Nichols GRANTEE: CITY OF REIV'1 N 200 Mil! Menue South Renton, Washington 98055 ATTN: Gregg Zimmerman, A&ninistratoj,Plaaaing, Building and Public WorM 13. RF.[ E651E OF RESTRICTIVE COVENANT, Grantee is in the process of designing Basin Storm Sewer hnprovements as defined herein. Grantee covenants and agrees that the Basin Storm Sewer Improvements will be sufficient at the time of installation of the Basin Storm Sewer Improvements to: (a) menage future storm water from Gr'antor's property (whether developed or undeveloped); (b) cause the Temporary overflow System to be or continue to be unnecessary; and (c) resolve the concerns which gave rise to the imposition of that certain Restrictive Covenant dated April 18, 1983 and record against Grantor's property, under King County Auditor's pile No. 8306090718. Grantee shallnotify Grantor in writing when the Basin Storm Sewer improvements have been mntpleted. As a material consideration for Grantor's agreement to enter intro this Easement and Agreement, Grantee covenants and warrants that Grantee shall use Its best efforts to secure in writing a Bing by the City of Renton Hearing Examiner that said Restrictive Covenant is no longer necessary and that Grantor and Grantee shall execute and record an appropriate legal instrument terminating said Restrictive Covenant and releasing the same of record. Such finding and legal instruttrent shall be delivered to Grantor in writing on the earlier of: (a) thirty (30) days fallowing receipt of written notice from Grantor advising that Grantor's tilling operations on Grantor's property are completed; or (b) thirty (30) days following the date on which the Basin Storm Sewer improvements sue completed. 1¢. aAN3M,S ArREEMENT AM jNpEMtM, As a .material consideration of Grantor granting this Easesnestt and entering into this Easement anti Agreement, Grantee released, indemnifiea and promises to defend and save harmless Grantor, its, agents and employees, from and against any and all liability, losses, costa, damages, expenses, actions and/or claims, including but not ]'united to those arising out of damage or destruction of property, injury to or death of persons, and environmental contamination and any and all costs associated with emriironmenUd cleanup, including costs and fees of experts, and reasonable attorneys' fees, alleged or arising out of Grantee's exercise of its rights or performance of its TEMPQR,4RY EASEMyNT FOR suRPACE WATER DRAINA02 OVERFLOW AND AMEEMENT Pira 6 of a obligations under this Easement and Agreement. Gmtee shall not be required to indemnify Grantor against liability for any portion of the damages (if any) caused by or resulting from the sole negligence of Grantor. By aaeeptiaag and recording Oils easement, Grantee does hereby agree to all provisions contained in this instrument. 15. ASSIG . This Easement uA Agreement and any and all rights granted hereunder are p=onal to Grantee and shall not be assigned or "erwwise transferred, in whole or in part, by any mechanism whatsoever or for any purpose whatever. 16. E N2M EFFECT, This Easennent and Agreement shall be bring upon the parties, their hon, successors in interest and assigns. Grantor covenants that it is the lawful Owner of the subject property and has a good and lawful right W execute this Easemetnk and Agreement. lei WITNESS WHEREOF, the parties have execrated this agreement the day and year first above written. Lr? GRANMR: LA PIANTA LIMITED PARTNERSHIP, a Washington llnlited partnership By: Metro Land Developmesrt, Inc., a Washin#Wft corporation, its General Partner M. A. gale, President CITY OF RENTON, a Washington al corporation By: Iesse Tanner Its: o Atter" Marilyn '1 $a mRARY BASPNOW FOR SURFACE WA'CER DRAINAGE OVERFLOW AND AGREEMENT Page 7 of a f STATE OF WASHINGTON ) )33. COUNTY OF KING ) on this � W qdr clay of ,r, w&e_ � 199-ipu before me, the undersigned, a Notary Public in and for the State of W'asbington, d* comndukwd and swam, pasoEWly appeared I& A. Segale, to me known to be. the person who signed as president of Metra Land Development, Inc., the corporation acting as general partner of La Planta Limited Partnership, a Washingwn linked partnership, that executed the whbin and foregoing katrument, and acknowledged said instrum nt to be the free and voluntary act and dead of Metro Land DevdWmeut, Inc, as genavi partner, and of La Piama Limited Parttwrsbip, for the uses and purposes therein ttwnWned; and on oath stated that he was duly elected, qualified and acting as said officer or the oorporation and that he was autborized to execute the said hisurumert on behalf of Metro Land Development, Inc. and that the seal affixed, if any, is the corporate seal of the corporation, and that the corporation was authorized to execute said instrument on bebalf of La Planta 13mited Partnership. IN W_T� `�F 1 have hermacAset my band and offictal seal the day and year first above Signarure of Print or stamp me of Notary Notary Public in and for the State of Washington, residing at lr.�" My commission expires t Z ss - I certify that I know or have satisfactory evidence that Jene ja= & MarilYn ara the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the r and of R n municigal cgMgrafion to be the free and voluntary act of such oug*ratien for the uses and purposes mentioned in the instrument. Dated: OG`rv& of Notary LIS',¢ 57TJ57FY"WAv S Print or Stamp Name of Notary Notary Public in and for the State of Wasbington, residing at My commission expires 10 TEMPORARY EASEMENT POI! SURFACE WATT DRAINAGE OVERFLOW ANA AGREEhIENr Pap 8 of a JOTARY PV B I Ji.*�rS r 0 q * STATE OMEINGTON Q COUNTY OF KING Signarure of Print or stamp me of Notary Notary Public in and for the State of Washington, residing at lr.�" My commission expires t Z ss - I certify that I know or have satisfactory evidence that Jene ja= & MarilYn ara the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the r and of R n municigal cgMgrafion to be the free and voluntary act of such oug*ratien for the uses and purposes mentioned in the instrument. Dated: OG`rv& of Notary LIS',¢ 57TJ57FY"WAv S Print or Stamp Name of Notary Notary Public in and for the State of Wasbington, residing at My commission expires 10 TEMPORARY EASEMENT POI! SURFACE WATT DRAINAGE OVERFLOW ANA AGREEhIENr Pap 8 of a EXHEBT "A' S � FAseawt Area Sketch Max lie r a - - A strip of land fifteen 1 feet in width having seven and one-half (7.5) feet of such width on each side of the following, described cemerline: 3 Beginning at the NE corner of the East 'A of the NVA of the W4 of Section 16, Township 23 North, Range S Eau, W.M., in the City of Remn, King County, Wasb,imgton, except the Nota► 334 feet and except the East 30 feet; thence South along the Egst 1jue of said parcel 310 feet to the True Point of BegiFt ft of the centerline; thence westerly perpendicular to the East line of said parcel, 42 feet, more or less, to the terminus of the centerline. )aMrr X A' O TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT mallLm NIB „ THE EAST In OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M-, EXCEPT THE NORTH 330 FFEI; AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT -OF- .... NO 7RC19071074: ANI] EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE j THE SAME AS RESERVED BY DEED RECORDED UNDER RECC?RDINCI NO. 3875580; 9 srruA'i E IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. m In cQ m v4 LD SUBJECT TO: EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FELE NO, 2.571770 AND EASEMENT FOR TRANSMISSION LINE RECORDER UNDER AUDITOR'S FILE NO. 3425304. G+l B ` MBr TO "TBMFORARY EASEMENrr FOR SURFACE WATER DTL4I[YA40E OVERFLOW AND AGREEMENT Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 20070928000176.001 000176 POnnring Renton X43.00 Division AUG ' 9 1l11Q Title: Amendment to Temporary Easement for Property Tag Parcel Number: 162305-9059 Surface Water Overflow and Agreement Project File #. SMT -27-2330 Street Intersection or Project Name: Monroe Ave NE Storm System Project Reference Number(s) of Documents assigned or released- Grantor(s): Grantee(s): 1. La Pianta LLC 1. City of Renton, a Municipal Corporation THIS DOCUMENT HEREBY AMENDS THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 9612120153 AND AMENDED BY KING COUNTY RECORDING NUMBER 20060602001486. THE EASEMENT AREA ON THE SUBJECT PARCEL AS DEFINED IN THE TEMPORARY EASEMENT FOR. SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT UNDER MNG COUNTY RECORDING NUMBER 9612120153 IS HEREBY MODIFIED TO THAT AREA DESCRIBED IN EXHIBIT A AND ILLUSTRATED IN EXHIBIT B OF THE INSTRUMENT. IN ALL OTHER RESPECTS, THE TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW, EXCEPT AS AMENDED HEREIN, IS RATIFIED AND CONFIRMED, AND SHALL REMAIN WITHOUT CHANGE. ce) 0S C.Mocuments and 5ettings\MHancockUca1 Settings\Temporary Internet MleslOLKOnew easement agreement.doc Page I FORM 03 0013/bWCA2-21-97 20070928000176.002 IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and City Clerk this ,�(�JIA day of -r--Ag;t4 4,e-� 4 . '... MAYOR at y Keolker CITY CLERK bOnnie 1. --WTon r STATE OF WASHINGTON ) SS�•""';.f COUNTY OF KING I certify that 1 know or have satisfactory evidence that Kathy Keotker and Ronnie Walton are the Persons who appeared before me, and said persons acknowledged that they signed this instruamt, on oath stated that they were authorized to execute the instrument and acknowledged it as the MAYOR, and the CITY CLERK, CITY OF REk+TON, to be the free and volunWy act of such parties for the uses and purposes mentioned in the instrument NAry Public in S of My appointment expires; Zc�Q - Dated: i /240/Z0077 IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. LA PL& -NTA LLC By: Metro Land Development! inc-, its Manager n By: - CORPOPATAF FORM OFACKIVOWLEDGM.ENT Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY O>yG ) On this / day o , 20PI before me personally appeared to me known to SUSAN A. THOMAS he of the corporation that Notary Pt1l�ll C executfk within instrument, and acknowledge the said instrument to be the free State of WoS hingtoWd voact and deed of said corporation, for the uses and purposes therein My ComtrtTsslon ExplWod each on oath stated that a/she was authorized to execute said MOy Q�f2fi1 D at the seal a is corpore sef said corporation. N'otarir Public in and Mr this State jaf W My appointment Dated: C:1Documents and SettingAMHancockU ocal 5ettings\Temporary Internet FileslQi 0new easement agreement.doAkQtp Page 2 FORM 03 0013fbh/CA2-21-97 20070928000176.003 EXMBIT A Legal Description A portion of the East V2 of the NE 1/4 of the NW !/4 of Section 16, Township 23 North, Range 5 East, W.M. except the North 330 feet of the East 30 feet; Said portion being a strip of land (3 0) feet in width being fifteen (15) feet of such width on each side of the following described centerline; Commencing at the NE corner of the above described parcel; Thence southerly along the East line of said parce1302.5 feet to the True Point of Beginning of the centerline; Thence westerly perpendicular to the East line of said parcel, 120 feet to the terminus of the centerline; All situate in the City of Renton, King County, Washington, 20070928000176.004 EXHIBIT "B" EASEMENT -� Upper Balch Pit I S0' MONROE AVE NE STORM SYSTEM PROJECT Scate! I' = 50' City of Rowton SurFace Water Utility D. Carey 7125107 Return Address La Pianta LLC P.O. Box 88028 Tukwila, WA 98138 Attn: Jacek Pawlicki ty Of Renton F la[Mirig Division i� r �U 6 20060602001486 PA�pprf@8 EAS 40.@@ �6�@212" 14:39 PING COUNTr, WAS 20060602001486.001 Document Title(s) (or transactions contained therein): Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Reference Number(s) of Documents assigned or released: (ort page _ of documents(s)) C0T4Nr XWEA =LMMTrrrs � .a 6 , Grantors) (Last name first, then first name and initials): 1. La Pianta LLC' 2. City of Renton Grantee(s) (Last name first, then first name and initials): 1. La Pianta LLC 2. City of Renton/ Legal description (abbreviated: i.e_ lot, block, plat or section, township, range) PORTION OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 Q Full legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 1623059059 20460602001486.002 AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT THIS AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT (the "Amendment') is made and entered into this V day of , 2006, by and between La Pianta LLC, a Washington limited liability com any, as successor by merger with La Pianta Limited Partnership ("Grantor"), and the City of Renton, a municipal corporation ("Grantee"). RECITALS A. Grantor and Grantee entered into that certain Temporary Easement for Surface Water Drainage Overflow and Agreement, dated November 21, 1996 and recorded December 12, 1996 as Instrument No. 9612120153 in the records of King County, State of Washington (the "Agreement'), pursuant to which Grantor granted to Grantee certain rights for the conveyance and discharge of surface water over Grantor's property, which is more particularly described in Exhibit A attached hereto. Capitalized terms used in this Amendment shall have the same meanings given them in the Agreement unless the context requires otherwise. B. Grantor and Grantee desire to amend the Agreement on the terms and conditions set forth in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Amendments to the Easement 1.1 Term of the Agreement The Agreement is hereby amended by deleting Section 3 in its entirety and substituting the following therefor: 3. TER I 1 aF EASEMENT. This Easement shall commence as of the date hereof and shall be coterminous with Special Use PAGE 1 Amaidmenttu'fempQraq for Surface Water Drainage overflow and Agreemicnt 5GE 1 20060602001486.003 Permit No. SP -92-174, and be automatically extended to be coterminous with any subsequent issued Special Use Permit authorizing Grantor to continue to fill Grantorrs property provided that such subsequently issued Special Use Permit contains substantially the same rights as are granted under SP -92-174, and provided further that this Easement shall in any event terminate and expire on July 31, 2011, or on such sooner date as improvements have been made to Grantee's existing storm sewer system such that the need for the Temporary Overflow System and this easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder. a. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No. SP -92-174, authorizing Grantor to continue to fill Grantor's property, this Easement and the Agreement shall be deemed immediately amended to provide that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and Agreement setting forth Grantor's obligations arising out of such subsequently issued permit. 1.2 Right to Terminate The Agreement is hereby amended by deleting Section 11 in its entirety and substituting the following therefor: 11. _GRANTOR'S RIGHT TO TERMINATE EASEMENT RIGHTS. This Easement shall terminate upon completion of Grantor's filling operations or at Grantor's desire, upon written notice from Grantor to Grantee advising of the date on which the Easement shall terminate ("Termination Date"), which date shall be no sooner than eighteen (18) months from the date of Grantor's notice. On or before the Termination Date, Grantee small remove any and all Improvements and shall restore Amendment to Temporary for Surface Water Orairtage Overflow and Agreomient PAGE 2 515106 20060602001486.004 Grantor's property to its condition as of the date hereof. Upon expiration or termination of this Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts, sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited onto Grantor's property during the term of the Easement. Grantee's obligations to restore Grantor's property, remove.other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless from claims or damages relating to Grantee's exercise of its rights or performance of its obligations hereunder shall survive the expiration or termination of this Easement. 1.3 Notices The notice information for both parties set forth in Section 12 of the Agreement is hereby amended as follows: GRANTOR: LA P IANTA LLC P.O. Box 88028 Tukwila, Washington 98138 Attn: Jacek Pawlicki GRANTEE: CITY OF RENTON 1055 S. Grady Way Renton, Washington 98055 Attn: Administrator of Planning, Building and Public Works 2. No Other Changes and Integration In all other respects, the Agreement, except as amended by this Amendment, is ratified and confirmed and shall remain without change. Additionally, it is expressly understood and agreed that there are no other promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between the parties hereto or their employees or agents with respect to this Amendment other than as herein set forth; and no prior agreements, understanding or representations pertaining as to any such matters shall be effective for any purpose. Amendment to Temporary for Surface Water Drainage Overflow and Agreement PAGR 3 55106 20060602001486.005 IN WITNESS WHEREOF, the parties have entered into this Amendment as of the date and year first above written, GRANTOR: LA PIANTA LLC, a Washington limited liability company, as successor by merger with La Pianta Limited Partnership By: Metro Land Development, Inc., its Manager BY: �~ Name: M. A. Segal Its: President GRANTEE: CITY OF RENTON, a Washington corporation By: Name: X xeolker Its: Mayor Attest: ,rq�,c'�d LcJ Name: Bonnie I. Walton, city Clerk Amendment to Temporary for Surfacc Water Drainage Overflow and Agreement ' . �RA r t C �� �•��.� I'AGE 4 +,�,....�,,.,+• 5YVH 20060602001486.006 STATE OF WASHINGTON ) } ss. COUNTY OF KING } On this 1� day of 11 , 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., Manager of LA PIANTA LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that M. A. Segale was authorized to execute said instrument on behalf of the company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature Notary) GEORGE L HULL JR NOTARY PUBLIC 5TATrm OF wASMNGT corp MSSION EM s (Print or stamp name of Notary) DEC�,MSE�t 45, 2007 NOTARY PUBLIC in and for the State of Washington, residing at t My appointment expires: t%,lt5t6-1 Arnendmcnt to 'i'empOrary for Surface Water Drainage Drvertiaw and Agrccment PAGE 5 515106 20060602001486,007 STATE OF WASHINGTON ) ss. COUNTY OF Linq) On this 3044 day of Ala V . , 2000, before me, the undersigned, a Notary Public in and for the Sfate of Washington, duly commissioned and sworn, personally appeared a er , to me known to be the person who signed as r of CITY OF RENTON, the municipal corporat on that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that ,She wap duly elected, qualified and acting as said officer of the corporation, that She-- was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary tp (Print or stamp name of Notary) /'UB00 NOTARY PUBLIC in and for the State r • r"-�s-o .•• °++'` of Washington, residing at ?dA e l f My appointment expires:. E1-12 08 Amend=K to Temporary for Surface Watcr Drainage Overflow and Agreement 1'AGE 6 5151m Schedule 1 to Driveway Easement Grantor's Property THE EAST '12 OF THE NORTHEAST !a OF THE NORTHWEST Y4 OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., EXCEPT THE NORTH 330 FEET; 20060602001486.008 AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074; AND EXCEPT ALL COAL AND MINERAL AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO, 2571770 AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 3425304. Amendment to Temporary for 5ur#'ace Water Drainage Overflow and Agreenocm PAGE, 7 515** Printed: 08-09-2010 Payment Made: CITY OF RENTON 1055 S_ Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA10-056 08/09/2010 10:45 AM Total Payment: 3,000.00 Current Payment Made to the Following Items: Trans Account Code 5010 007.345.81.00.007 5014 007.345.81.00.011 Payments made for this receipt city Of RentO PIP'nn'-'19 001 jisicJn AU' - 9 zolti - SCE Receipt Number: Payee: Segale Properties Description Amount Environmental Review 11000.00 Grading & Filling Fees 2,000.00 Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check 62268 3,000.00 Account Balances Trans Account Code Description Balance Due ------ ------------------ ------------------------------ 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 007.345.81.00.004 Binding Site/Short Plat 5009 007.345.81.00.006 Conditional Use Fees 5010 007.345.81.00.007 Environmental Review 5011 007.345.81.00.008 Prelim/Tentative Plat 5012 007.345.81.00.009 Final Plat 5013 007.345.81.00.010 PUD 5014 007.345.81.00.011 Grading & Filling Fees 5015 007.345.81.00.012 Lot Line Adjustment 5016 007-345.81.00-013 Mobile Home Parks 5017 007.345.81.00.014 Rezone 5018 007.345.81.00.015 Routine Vegetation Mgmt 5019 007.345.81.00.016 Shoreline Subst Dev 5020 007.345.81.00.017 Site Plan Approval 5021 007.345.81.00.018 Temp Use, Hobbyk, Fence 5022 007.345.81.00.019 Variance Fees 5024 007.345.81.00.024 Conditional Approval Fee 5036 007.345.81.00.005 Comprehensive Plan Amend 5909 007.341.60.00.024 Booklets/EIS/Copies 5941 007.341.50.00.000 Maps (Taxable) 5954 650.237.00.00.0000 DC NOT USE - USE 3954 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 --------------- .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R1003539