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Home My WebLink AboutReport 1Neighborhood Map PSE Talbot-Renton Metro Structure Replacements ~!>'b3~~'~'I<,~J '!"'(;J!J'~'~~'J~ ~~;<JI)"'}!)9~ Co) :!!:I{;J9~,~1! j ~ ",%j!.l~VJ'16!:o HI23!.1!.9()6!> ~ '!%J~!!!.I!!O _')1639(.1[1['6<.1 ~.,. 19i5J!K'IYJ~~ t;; S!lHSr I' SItHSf ~ ~ JD'J"!lltl! • ~ • ~ IIUJ!J~90"6 '.,730!.>9L16!,1 ~¢' ~4. !UJlJ':JY.')12 ~<I" IIOU",,'.I,,) 18:!J,\':J!l2a~' II.!Jl'5!o"tlJ ~Y<'J~"''''~!l'' 915.f60WO:; ;y,'J"~!,Il'jtl jlJ_'j~I"'}~12" ,'9."JCO"!:I!J,'" ~ ~·u ~~.I,;!,',.:)~ ~'h'J~I~>I,III(; Y!~~bL'~g.':O Sam's Club l0l30!>!J161 1!1230!>~2J + " ~ t! 202JO:!>9J!l9 I 20230!>902t1 !!!2J1)!I!:I!.'''~ <'D2J!J!>!1146 ~Y'.! 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"'U2Jl'~!lI!j O' '559ft <'ClnO!!"U~d §l ~iJ;>J(\:'>!'vJIW ! ~ • ii i l __ / f;:-:::-' ,.-------..-., -__ ~,.. I' rJ: ,..-J' (. ' 1 1 'r 'C":":: ,.111 ~ U nU ,D '" D"'[] ~ I 'l ! I ~ , I, I, ! j ".f~T I' ~o_11~~.~Ih.C-'-'Ie-! ~'-;-'~-PTrrt~, . ({., l.J~_, D.~~ r------ ~., 'r T "7' Ljr=-~ I: ! -'" , I I ! I ~" 1 ' I ,I -', l..l., .1 ~=,,,'!j,, [,YIfT : ' .' '. I!iU '. I' , " "--'-I' -.~·--R-G\I-~f)N ,-vtj+-~ f't-Ar.[ • -. ----, ---. J't, ~~~ r'~-=-~_~ ,~-~-~--.; c: , .----~s:::rl K '~-l L ~' "'" 1 ._r::' J!l --~---- it -.,........,.J~ ___ _ INDEX: COVER SHEET <""'t:- " I "-),-{\ ~~ '-" ---) -'---~ \, .-'j . -lTii-".1." -----, .' Ci.i UPPER Tr1UNDER HILLS CREEK -AREA 1 LOWER Tr1UNDER hlLLS CREEK -AREA 2 . \') ~ o SHEET , ~, , ,," , "to ,. ~ ~ Q r5 ~cdJ ,OD '--,--'J "-ret.· ... ] ., DI' .' .. cf' ""I " ".-'11-2::: I 'n n I ---:--1' _~II; ( .~ .. , " .~ , . o 100 200 300 ~ SCALE: 1"=100' ¥ -¢o •.• , 21 g'~-----..-<; (,/~--~ ~., 'nT--". /c.'.-J) \ ""' ,,:, /'~, . ~ .. DAVID EVANS ..... "ASSOCIATES 'NC. "S-119Ihh',,,,",,SE B,'bueW...,h'''9,on\l6OO,,151! Phoe, ~25519_65OG ------,-----~-~--.-~~-----r-- '~I " ipS)' '" , i f-';=( , L ·~·I\ 'I ~1::'''' I 1~~I~'<1 ~" ,lnl:.§.' ~~.t " .-, " l], PERMIT SUBMiTTAL -NOT FOR CONSTRUCTION ~.~ .. o_ , !)/tICI"" """ I 40:. RE\ TeN TAL::3DT--IAETRC f;;ENTON L NE CAOO EXEMPTtO\J AP;:;L'CATIO~J ~" [,' leuj A~ 1 .'''."0,"'' I ,,",,-I""' ""'~ _ -i -". -' ~ II :"' ."~,,,!",!:~ ''"':~:~;~,~;,'' ~:;_,~ r ;'.:0 0 I ".QO ""1 1 j , " ~ .Br""" 1-,------ , ~~~~~~--~~ LOWER THUNDER HILLS CREEK-AREA 2 LEGEND _____ ..-. wrn A~O SC\JNDARY WETLAND/STllEA~ SUOFER srnEA~ ••• PROPOSED STRlJCT1JRE: a 40 80 120 ~ i'I.......oi SCALE: 1"=40' PERMIT SUBMITTAL -NOT FOR CONSTRUCnON ,nr ~'''Tr.'' """"""-ISM '-'''''OW," O'1[("/Il/J') ILAND '"0<- I"£~[W =M , ," '07 I IUE" I " $(;JNO ""'07.,,,,,"", "'OlE '"'W-o- ~ ., I , c -I llGlNU VL(&1 ~i , ~ .~. , ' al ~~ "~~~.---.... " ctt~---.::?sa-.-.. I~) , --------~c ~~-~~-: .~ ,W'SE ItISTJLL£O, '( fiI {Tl'PIc.o.L) T£~POfMf<Y S-REAM BUff£H ''''I'~CT (647 Sf) c~sm'Joc~ !ACC€SS AREA 'I.OLAND 80UNCMY '.nUNO/STl>EAY Bur,,~ ST~EAM CEH1ERLlNl OSTINC ACCESS ~O~D P~OPO"D STR~CT\JRES , -~ ·IF c , o.~ .. r..,. " \ \ I .-=-DCISTI;G AccEss IIGAD$ Pl- ."' 0' 81(1£ 1v8#.? . ~41·l..., -~. / ,"_-~8) & B,""" . 8 g' , o· Ii " 't q "i ~ z "' z w oc & -9-" o t< '0 • . 8f t "-\' ~ _'~_c-'-~___ ~'. At?! !) t: ~ NOT£:I!ASE !lAP LOCATION roo ElOSTlNG ROKlS ARE .o.PPROJC]III"TE ANO IHTERPCU,IED flIOI.I A ,-. ~oo' AEIlI ..... EtllARIiEMEI'H ($-1-79) Pf!CMOW IIY PUGET SOUMO DlERGY. o 40 80 120 ~ SCALF: 1"=40' ~ v DAVID EVANS ,o,NDAS@OCIATES'HC. .", -t1~'h h"o"""SE Bo"'""" W",'.n9'on 9600~3516 Phon, ~l5519,6500 ,- HILLS CREEK -AREA 1 PERMIT SUBMITTAL -NOT FOR CONSTRUCTION CfIIOlN"-'s,,-", I 405 RENTON OJ,Tt(~IlJ/'T1 TALBOT-METRO RENTON LINE • ,.~ EXlMPI10N APPL~CATION Lm" 'ROO ~~Q'_ -..... = " ". ot~E~ >e1LL ,·_.0'_0' , " l' I ~ CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: February 6, 2008 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: PSE Talbot Metro Renton Transmission Line LUA (file) Number: LUA-07-104 Cross-References: AKA's: PSE TALBOT METRO RENTON LINE Project Manager: And rea Petzel Acceptance Date: October 3, 2009 Applicant: Jeff McMeekan Owner: Puget Sound Energy / Wal-Mart Property Tax Dept. Contact: Jeff McMeekan PID Number: 2023059005 ERC Decision Date: ERC Appeal Date: Administrative Approval: October 3, 2007 Appeal Period Ends: October 17, 2007 Public Hearing Date: Date Appealed to HEX: By Whom: H EX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Application by Puget Sound Energy (PSE) for an exemption from the Critical Areas Regulations. PSE will remove two structures on the 115 kv Metro-Talbot line; one is located west of Benson Road on the east side of the Sam's Club property and the other is east of I-405 within PSE's 200-foot wide Renton corridor. Both poles are currently located within the stream buffer of Thunder Hills creek, a Class 3 stream. One structure will be relocated entirely outside of the stream buffer, the other will be relocated within the stream buffer, but with no increase in footprint size. Wetlands are present in the area. Location: 851 S Grady Way Comments: Andrea Petzel -Changes to the PSE Pole Relocation Plan From: To: Date: Subject: CC: Neil, Andrea Petzel Neil Watts 03/19/200811:38 AM Changes to the PSE Pole Relocation Plan Jennifer Henning; Kayren Kittrick; Michael Dotson; Ronald Straka Page I of. L Jf! () 7-/01 I wanted to give you a status update for the PSE pole relocation project before I leave. The site plan was changed and a decision needs to be made as to how to mitigate for the impacts. Specifically, is the road going to be permanent or temporary? Kayren approved clearing and grading for a road to go in on the south side of I -405, between the creek and the road, where originally this was an area where stream/wetland buffer restoration was to happen. There will be changes to the amount of impacts to critical areas and the restoration plan, and this needs to be reviewed and approved ... perhaps by our consultants? The plan won't get to me before I leave so I'll be unable to do the review. It's unclear to me if the road is permanent, or if they are going to replant it after the pole relocation is finished. I suspect the road will stay; it's enough grading to make it worth their while to keep it. The overall impacts could be less significant than what was proposed, but I don't know because I don't have the information. The issues that need to be resolved are: o Impacts to the wetland buffer, stream buffer and potential changes the mitigation and restoration plan. Possibly the credits used in the Springbrook Wetland Mitigation Bank will change (could be more, could be less) and the applicant should provide a new letter stating how many credits will be used from the Bank. A copy of the letter should go to Ron Straka. o More trees were removed from critical areas than originally proposed. This should be mitigated for in the new restoration plan. o A utility permit was required, but bypassed because changes came in under their franchise permit. Therefore, utility work began before a surety device was collected, which was supposed to be in place prior to issuing any kind of utility construction permit. I'm concerned that because we don't have a surety device and they don't need any more permits from us there isn't any real incentive for them to do the restoration work. Once the decision has been made about the road, PSE should be contacted ASAP. Mike is the plan reviewer for the project and we've been working very closely together on this, so he's aware of all the restoration issues and can fill you in on the details once I leave. Please let me know if you have any questions. Thanks, Andrea ile:IIC:\Documents%20and%20Settings\nweil\Local%20Settings\Temp\GW}00002.HTM 03/19/200~ CITY OF RENTON EXEMPTION FROM CRITICAL AREAS REGULATIONS DATE: October 3, 2007 LAND USE FILE NO.: LUA 07-104 PROJECT NAME: PSE Talbot-Metro Renton Transmission Line Pole Replacement OWNER/APPLICANT: Puget Sound Energy PROJECT MANAGER: Jeff McMeekin, PSE (425) 462-3824 PROJECT LOCATION: Two locations along the Talbot-Metro Renton Transmission Line Corridor PROPOSAL: Application by Pugel Sound Energy (PSE) for an exemption from the Critical Areas Regulations. PSE will remove two structures on the 115 kv Metro-Talbot line; one is located west of Benson Road on the east side of the Sam's Club property and the other is east of 1-405 within PSE's 200-foot wide Renton corridor. Both poles are currently located within the stream buffer of Thunder Hills creek, a Class 3 stream. One structure will be relocated entirely outside of the stream buffer; the other will be relocated within the stream buffer, but with no increase in footprint size. Wetlands are present in the area. CRITICAL AREA: Stream Buffer EXEMPTION JUSTIFICATION: Pursuant to RMC section 4-3-050.C.5.g.i (Remodeling, Replacing, Removing Structures, Facilities, and Improvements) and 4-3-050.C.5.e.v (Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks) an exemption of the Critical Areas Regulations is hereby granted for the following reason(s): X Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence on the date this section becomes effective and that do not meet the setback or buffer requirements of this section provided the work complies with the criteria in RMC 4-10-090. X Maintenance activities, including routine vegetation management and essential tree I removal, and removal of non-native invasive vegetation or weeds listed by the King I Count Noxious Weed Board or other government agency, for public and private utilities. road rights-of-way and easements, parks. Trees shall be retained as large wood~ debris in the stream/buffer corridor, where feasible. H:\Oivision,s\Develop.ser\Dev&plan,ing\AAP\CAO Exemptions\CAE PSE.doc Page1of2 DECISION: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050.C.4.c: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation; 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; and, 3. Where water body or buffer disturbance occurs during construction or other activities in accordance with an exemption during construction or other activities revegetation with native vegetation is required. CONDITION OF APPROVAL: 1. The applicant shall provide erosion control during pole removal, replacement and restoration of disturbed areas. 2. The applicant shall submit a restoration plan to the Development Services project manager If trees are used as large woody debris in the stream Ibuffer corridor. SIGNATURE: This administrative decision will become final if not appealed to the Hearing Examiner by 5:00 p.m. on October 17, 2007. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA98057. EXPIRATION: Five (5) years from the date of approval (signature date). H:\Oivision,s\Oevelop.ser\Oev&plan.ing\AAP\CAO Exemptions\CAE PSE.doc Page 2 of 2 Andrea Petzel -PSE Power Lines -Visual Qu~lity From: To: Date: Subject: Keith Woolley barrett.hanson@1405.wsdot.wa.gov; Fenton, Ross 10/01/2007 3:48:09 PM PSE Power Lines -Visual Quality The question has come up - Are the relocation of the various PSE power lines covered under the "Nickel Project" or "TRIP" project environmental assessment? Specifically, city staff are trying to figure out what the new poles are going to look like vs. the old poles. Could be a good thing -get rid of old wooden poles, could be a bad thing -twice as tall (?) Or is the PSE work covered under some other environmental clearance? Thanks, Keith Woolley Transportation Systems Renton City Hall -5th Floor Renton, WA 98057 (425) 430-7318 kwoolley@ci.renton.wa.us cc: Petzel, Andrea Page 1 Andrea Petzel -Re: question regarding Sprin~hrook bank and buffers From: To: Date: Subject: Ronald Straka Allison Hanson 09/28/2007 2: 15:23 PM Re: question regarding Springbrook bank and buffers I need to get more information about this from Andrea, but she is out until Tuesday Oct. 2nd, I am not sure if the PSE impacts are to wetlands, wetland buffers, stream buffers or all of the above, The Final MBI (pg, 4-4) states that using the Bank for riparian impacts (fish habitat) must show that all onsite mitigation opportunities have been exhausted, which resulted from the MIT input at the very end. In addition the buffers created as part of the Bank were non-credit generating buffers and required by the BOC to protect the bank to justify the credits that were granted by the BOC. I am concerned that allowing impacts to other buffers because we were required to provide buffer area around the Springbrook Bank sites, would be double counting and result in a net loss. I would need to know more about what was allowed for Stage 1 with respect to buffer impacts. The City and WSDOT have no agreement with respect to the use of the bank for mitigation of buffer impacts (wetland or stream) that establishes the amount of credits and each parties share of the credits, know that we discussed in the past that wetland bank credits could be used as mitigation for riparian wetland buffer impacts, but we never determined how much wetland buffer or rip arion buffer area could be impacted for one wetland bank credit. If WSDOT is proposing to use some amount of their wetland bank credit as mitigation for the PSE powerline relocation buffer impacts, than I think that would be acceptable, I would need to understand more about how we could justify allowing buffer impacts to other wetlands or streams because we were required by the BOC to set aside area on the Springbrook Wetland Bank site as buffer to protect the sites and allow them to grant the credits they did for the Bank, Let discuss when you have time, >>> "Hanson, Allison" <HansonA@wsdot.wa,gov> 09/24/2007 3:28 PM »> Ron, I know that you have been involved in discussions about the PSE relocation for the 405 Renton Stage II project. I had previously talked with Andrea about the wetland buffer mitigation that was needed for the relocation work. We are intending to allow PSE to use some of our credits for their permanent wetland impacts at the bank. Since the bank was created with 9 acres of buffer, I assumed that like we did for Renton Nickel, PSE could account for their needed wetland buffer mitigation by referencing the wetland buffers we created at the bank. I have heard that you have indicated that this will not be allowed for PSE, Can you let me know why they would not be able to do this? Thanks much, Allison cc: Andrea Petzel; Jennifer Henning Page 1 CITT -OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator September 27, 2007 leffMcMeekin Puget Sound Energy PO Box 97034/EST-llW Bellevue, W A 98009c9734 Subject: PSE Talbot Metro Renton Transmission Line LUA07-104, CAE Dear Mr. McMeekin: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. ' You will be notified if any additional information is required to continue processing your application, Please contact me at (425) 430-7270 if you have any questions, Sincerely, tlk~t4{ Andrea Petzel Associate Planner cc: Puge! Sound Energy, Walmart I Owners ------------1-O-55-S-o-u-th~G~rad--y-W-a-y---R-en-!o-n-,W--as-h-in-~-on--98-0-5-7----------~~ * This-J:)spercontains 50% recycled material, 30% post consumer AHEAD OF THE CURVE City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) TELEPHONE NUMBER AND E-MAIL ADDRESS: NAME: Puget Western, Inc. & Puget Sound (425) 462-3824 and jeff.mcmeekin@pse.com Energy; WalMart (Sam's Club) PROJECT INFORMATION ADDRESS: P.O. Box 97034 I EST-11W PROJECT OR DEVELOPMENT NAME: Puget Sound Energy Transmission Line Structure Replacements, 1-405 Roadway Improvement Project Talbot -Metro Renton Transmission CITY: Bellevue, WA ZIP: 98009 Line Corridor Structure Replacement -9734 PROJECT/ADDRESS(S)lLOCATION AND ZIP CODE: N/A TELEPHONE NUMBER: See below APPLICANT (if other than owner) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): NAME: Jeff McMeekin PSE: 20230590005; and Sam's Club: 2023059007 COMPANY (if applicable): Puget Sound Energy EXISTING LAND USE(S): Talbot-Metro Renton Transmission line Corridor ADDRESS: PO Box 97034 EST-11W PROPOSED LAND USE(S): Talbot-Metro Renton Transmission Line Corridor CITY: Bellevue ZIP: 98009- 9734 EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Commercial corridor TELEPHONE NUMBER (425) 462-3824 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A CONTACT PERSON EXISTING ZONING: Commercial Arterial NAME: Jeff McMeekin PROPOSED ZONING (if applicable): N/A COMPANY (if applicable): Puget Sound Energy SITE AREA (in square feet): 20230590005 = 76,665 SF; 2023059007 = 421,632 SF. PROJECT AREA = < 1,000 SF ADDRESS: P.O. Box 970341 EST-11W CITY: Bellevue ZIP: 98009-SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE 9734 DEDICATED: None Q:webipw/devservifonns/planninglmastempp.doc 09111107 P JECT INFORMATION (cont ed) SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: None 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 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 OF NON·RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A PROJECT VALUE: N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA. PLEASE INCLUDE SQUARE FOOTAGE (if applicable): o AQUIFER PROTECTION AREA ONE o AQUIFER PROTECTION AREA TWO o FLOOD HAZARD AREA sq. ft. 0 GEOLOGIC HAZARD o HABITAT CONSERVATION sq. ft. X SHORELINE STREAMS AND LAKES (see report) o WETLANDS Q:web/pw/devserv/fonnsipJanning/masterapp.doc 2 0911l;07 • LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 20, TOWNSHIP 23, RANGE 5, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. (Varies with parcel) TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Critical Areas Exemption/Permit 2. 3. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) ~_Jeff McMeekin for PSE -see attached Master Easement ,declare that I am (please check one) _ the current owner of the property involved in this application or ~ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. n • I i '1~1h-::11 (SiQnat e of Owner/RepresentatIVe) / v (Signature of Owner/Representative) Q:web/pw/devserv/fonns/planninglmasterapp.doc I certify that I know or have satisfactory evidence that J e F r: me. de e 10'1] signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary (Print) $r9?lretE. ,&42 My appointment eXPires:_-,-I---=O~7,L/;-<L.,-,.o,.;~y.b--",O~f~ 3 09/11/07 REQUEST FOR CRITICAL\j~~~~'W$JlING AREAS EXEMPTION SfP' 97Jl07 (FOR SEPA EXEMPT ACTIVITIES) Q~CENEO Applicant Name Jeff McMeekin City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 Project Name: Talbot-Metro Renton Transmission Pole Replacement Phone Number Structure (425) 462-3824 Brief Description of Project: Puget Sound Energy proposes to relocate transmission pole stuctures in its corridor that crosses Interstate 405. The relocation work is in preparation for the WSDOT 405 widening project. Near the Sam's Club parking area, PSE proposes to relocate one wood pole structure out of the Thunder Hills Stream buffer to the west in an improved area. On Talbot Hill and located on the east side of 405 we propose to remove a transmission structure out of the Thunder Hills buffer and install another farther up the hill to the east and out of the buffer. In order to accomplish this, we will have temporary impacts to the stream buffers. The attached plans and photos show more detail. Type of Critical Area I D Wo", Occucs in Critical A,.a I [8:J Wo", Ooou", in Boffee Stream PURPOSE: Exempt activities provided with a letter of exemption from the Development Services Administrator may intrude into a critical area or required buffer (Subject to any conditions or requirements provided by the Administrator). APPLICABILITY OF EXEMPTIONS: The following is a general list of activities that may be exempt from the critical areas regulations. More specific descriptions of the activities are contained in the Critical Areas Regulations. Some of the listed activities may not be exempt in certain critical areas. The Development Services Division will evaluate you request according to the City of Renton Critical Areas Regulations in RMC 4-3-050C, J, L, and N. I AM REQUESTING A CRITICAL AREAS EXEMPTION FOR ONE OR MORE OF THE FOLLOWING ACTIVITIES: D Conservation, Enhancement, and Related Activities: • Conservation or preservation of soil, water, vegetation, fish, and other wildlife • Enhancement activities as defined in chapter 4-11 RMC 1 • Any critical area, buffer restoration, or other mitigation activities that have been approved by the City D Research and Site Investigation: • Nondestructive education and research • Site investigative work necessary for land use application submittals such as surveys, soil logs, etc. D Agricultural, Harvesting, and Vegetation Management: • Harvesting wild foods • Existing/Ongoing agricultural activities 1 PW/DevServ/FormslPlanning/CriticalAreasExemptionSEPA 6 01f06 • Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazardous trees which have been certified as such by a forester, registered landscape architect, or certified arborist o Surface Water Alteration: • New surface water discharges provided the discharge meets the requirements of the Storm and Surface Water Drainage Regulations 1 2 3 • New or modified regional stormwater facilities 1 2 3 • Flood hazard reduction 1 3 4 6 Roads, Parks, Public and Private Utilities: • Relocation of Existing Utilities out of Critical Area and Buffer • • Maintenance, operation, and repair of existing parks, trails, roads, facilities, and utilities 1 2 Installation, construction, replacement, or operation of utilities, traffic control, and walkways within existing improved right-if-way or easement 1 2 • Modification of existing utilities and streets by 10% or less 1 2 5 • Mana~ement and essential tree removal for public or private utilities, roads and public parks o Wetland Disturbance, Modification, and Removal: • Any activity in small Category 3 wetlands 1 2 3 4 5 • Temporary disturbances of a wetland due to construction activities that do not include permanent filling 1 2 3 5 Maintenance and Construction for Existing Uses and Facilities: • Remodeling, replacing, or removing existing structures 1 2 • Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed 1 2 • Construction activity connected with an existing single family residence or garage, provided that no portion of the new work occurs closer to the critical area or required buffers than the existing structure 1 2 • Existing activities which have not been changed, expanded or altered provided they comply with the applicable requirements of chapter 4-10 RMC 1 o Emergency Activities: • Removal of trees or ground cover by a City department, agency, public, or private utility in an emergency situation • Public interest emergency use, storage, and handling of hazardous materials by governmental organizations in an Aquifer Protection Area ADDITIONAL PERMITS: Additional permits from other agencies may be required. It is the applicant's responsibility to obtain these other approvals. Information regarding these other requirements may be found at http://apps.ecy.wa.gov/opas/ PW/DevServ/Forms/Planning/CriticalAreasExemptionSEPA 7 01/06 For City Use Only D Exemption Granted Neil Walts, Director Development Services Division Signature: ____________ _ Conditions of Approval: 1 Exemption does not apply in Aquifer Protection Areas 'Exemption does not apply in Flood Hazard Areas 3Exemption does not apply in Geologic Hazard Areas 'Exemption does not apply in Habitat Conservation Areas 5 Exem ption does not apply in Streams and Lakes: Class 2 to 4 6 Exem ption does not apply in Wetlands PW/DevServ/Forms/Planning/CriticalAreasExemptionSEPA 8 D Exemption Denied Date: _________ _ 01106 DATE: TO: FROM: SUBJECT: CITY OF RENTON Planning/Building/Public Works MEMORANDUM June 28, 2007 Pre-Application File No. 07-055 Jill K. Ding, Senior Planner, x7219 PSE 1-405 Replacement Project DEVELOPMENT PlANNING CITY OF RENTON SEP 1 92007 RECEIVED General: We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning Administrator, Planning/Building/Public Works Administrator, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or online at www.ci.renton.wa.us. Project Proposal: The project site is located adjacent to Talbot Road at Sam's Club and east of 1-405 within the existing utility corridor owned by Puget Sound Energy (PSE). The proposal is to remove 18 existing power poles and replace them with 29 new poles. 1 replacement pole would be located within a Category 3 wetland and the others would be located within wetland or stream buffer areas. The pole replacement is facilitated by the future widening of 1-405 proposed by WSDOT. The portion of the project site located on the east side of 1-405 is within the Residential -8 (R-8) dwelling unit per acre zone and the portion adjacent to Talbot Road S near Sam's Club is located within the Commercial Arterial (CA) zone. Critical Area Regulations: Impacts are proposed to one Category 3 wetland and two Category 3 wetland buffers, and a Class 3 stream buffer. The proposal would require either the replacement of the disturbed critical areas and their buffer in accordance with the City's Mitigation requirements, which includes a 5 year maintenance and monitoring period, or would require a Critical Areas Variance from the Hearing Examiner. With the project application, the applicant shall submit a wetland report and delineation in compliance with RMC 4-8-1200.23 with the formal land use application. As impacts are proposed to a wetland and wetland buffer areas, an analysis shall be included evaluating alternative methods of developing the property using the following criteria in this order: • Avoid any disturbances to the wetland or buffer; • Minimize any wetland or buffer impacts; • Compensate for any wetland or buffer impacts; • Restore any wetlands or buffer impacted or lost temporarily; • Create new wetlands and buffers for those lost; and • In addition to restoring a wetland or creating a wetland, enhance an existing degraded wetland to compensate for lost functions and values. In addition a Standard Stream Study and a Supplemental Stream Study prepared in accordance with RMC 4-8-1200.19 would be required to be submitted with the formal land use application .. In addition, the City's critical areas maps identify steep slopes on the project site. Development is prohibited on slopes with a grade in excess of 40 percent. Any development proposed on steep slopes may require a Critical Area Variance from the Hearing Examiner. A geotechnical report would be required to be submitted with the formal land use application. PSE 1-405 Power Pole Replacer.,_ .. t Pre-Application Meeting June 28, 2007 Page 2 of 2 Environmental Review: The proposed project would require Environmental Review (SEPA) as the proposal includes the addition of new PSE transmission lines and work is proposed within a wetland area. Permit Requirements: The proposal would require Environmental (SEPA) Review and may require a Hearing Examiner Variance, both of which would be reviewed concurrently in an estimated timeframe of 10 to 12 weeks. The application fee would be full price for the most expensive application and Y, price for subsequent applications. The application fee for the SEPA Review (Environmental Checklist) is dependent on project value: less than $100,000 is $400 full fee and project value over $100,000 is a $1,000 full fee. The application fee for the Hearing Examiner Variance is $500. Fees: A handout listing all of the City's Development related fees in attached for your review. Consistency with the Comprehensive Plan: The following proposed policies are applicable to the proposal: Utilities Element Policy U-9S. Encourage purveyors of electrical power to make facility improvements/additions within existing electrical facility corridors where appropriate. cc: Jennifer Henning Pre07-013 (PSE Gate Sta(iOll Rebuild).doc DEVELOPMENT SERVICES DlVISI< WAI\ _.~ OF SUBMITTAL REQUI~EMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section ~. Public Works Plan Review Section l. Building Section L Development Planning Section Q:\WEB\Pw\OEVSERv\Forms\Planning\waiverofsubmittalreqs_9-06.xls DATE: SEP 1 92007 RECEIVED 09/06 DEVELOPMENT SERVICES DIVISION WAIVE )F SUBMITTAL REQUIR ~ENTS FOR LAND USE APPLICATIONS Applicanl Agreement Stalement 2 AND 3 of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2AND3 Map of View Area 2 AND 3 Photosimulations 2 AND 3 rhis requirement may be waivEid by: '. Property Services Section ~. Public Works Plan Review Section Building Section . Development Planning Section PROJECT NAME: DATE: Q:IWEBIPWlOEVSERv\FormsIPlanninglwaiverofsubmittalreqs_9-06.xIs 09/06 PROJECT NARRATIVE 1-405 ROADWAY IMPROVEMENT PROJECT RENTON, WASHINGTON PUGET SOUND ENERGY Letter of Exemption Application Metro-Talbot Renton Transmission Line Corridor Vegetation Removal & Replacement of Structures TH-MR #0/10 & TH-MR #0/12 + PUGH SOUND ENERGY DEVELOPMENT PLANNING CITY OF RENTON SEP 19 2007 RECEIVED The Washington State Department of Transportation (WSDOT) is planning to improve Interstate 405 (1-405) and State Route (SR) 167 corridors in and around the cities of Renton and Tukwila, Washington. These improvements are collectively known as the 1-405, Tukwila to Renton Improvement Project. The Project improvements extend approximately 4 miles along 1-405, from 1-5 to SR 169, and approximately 2 miles along SR 167, from 1-405 to SW 43rd Street. To accommodate the project, several PSE transmission line structures must be repositioned. This PSE element of the roadway improvement project is highly complex, involving removal and replacement of structures, some of which convey 115 KV and others of which convey 230 KV of power to serve the needs of business and residential users throughout the area. The structure replacements must occur well in advance of WSDOT construction activities and within certain energy windows, driven by the need to maintain uninterrupted loads during periods of high demand, i.e. summer and winter. Thus, construction for replacement activities must occur during spring and fall seasons, severely limiting the time available to accomplish the project. In order to ensure that these actions occur in a timely manner and do not delay the 1-405 road widening project PSE must begin replacing structures immediately. Two structures on the 115 kv Metro-Talbot Renton line, TH-MR #0/12, located west of Benson Road on the PSE easement of the Sam's Club property on Parcel # 2023059007; and TH-MR #0/10, located east of 1-405 within PSE's 200-foot wide Renton corridor on Parcel # 2023059005, are the subjects of this application for Letters of Exemption. Thunder Hills Creek, a Class 3 (Type 4) watercourse, is present within the project vicinity. The structures are currently within the buffer of Thunder Hills Creek and will be replaced just outside of the buffer. For replacement of Structure TH-MR #0/12, a Letter of Exemption is requested from the City of Renton per RMC 4-3- 050 C 5 g. i. In addition, a Letter of Exemption is requested for Vegetation Management/Essential Tree Removal, per RMC 4-3-050 C 5 e. v. at both structures. One wetland was identified in the vicinity of Structure TH-MR #0/12, Wetland 2.9L, as shown on the plan sheets submitted with this application for a Letter of Exemption. This wetland was classified according to the Washington State Department of Ecology (Ecology) Wetlands Rating System (Ecology 2004a, 2004b, and 2006) as a Category III, and as Class 3 per Renton code. No impacts to this wetland or its 25-foot buffer are proposed pursuant to this application for a Letter of Exemption. Another wetland was identified at the east side of 1-405 along an existing access road; the road traverses this wetland, identified on the plan sheets as Wetland A. Wetland A is classified as Category III by Ecology, and Class 3 per Renton code. In order to access Structure TH-MR#O/lO PSE plans to use the existing access roads. Tracked vehicles will be used for the relocation of Structure TH-MR#O/10 to avoid compaction and road widening beyond the existing prism; however, because this wetland lies within a swale below a slope, minor maintenance within the existing roadway prism may be required for safety. Please note that permanent impacts will likely occur within Wetland A and its buffer in the future phase of the PSE structure relocations aspect of the 1-405 Roadway Improvement project to enable PSE to access other structures that will require larger, heavier vehicles for repositioning. Mitigation of these unavoidable permanent impacts will occur in the WSDOT mitigation bank. Vegetation management for construction at Structure TH-MR #O/lO, east of the freeway will be very minimal and impacts to critical areas will be temporary as no trees are present within the buffer that will be affected, only shrubs and blackberries. At Structure TH-MR #0/12, some tree removal and/or trimming will be necessary to September 2007 • + PUG: SOUM) fNEI\C/y protect the transmission lines; this vegetation management would have been necessary regardless of the structure replacement. All construction activities for removal of the existing structure and installation of the new structure will occur within the improved environment on the west side of Thunder Hills Creek within the Sam's Club perimeter landscaping; ornamental plants and grass will be restored to their original condition following construction. ii September 2007 o DeUne .. tion o RecOnnili88ilnce ev.tluations o Pennit assistance .. nd .. gency coordin .. t:i.on o Profession .. l report prer--raLion o ImFct 'lIll.dysis and soquencing September 19, 2007 Andrea Petzel Planner WP)§ -, ,. , ., ~,. ') ;'f WETLAND PERMITrING SERVICES phQlle: (zoo) J18-ms fax: (206-) '¢3-TTJ9 Cell, (206) :l4o-:l4lj; -wpti@!i8p.COIn City of Renton Development Services Division 1055 S. Grady Way Renton, WA 98055 RE: Puget Sound Energy Transmission line Structure Repositioning 1-405 Tukwila to Renton Roadway Improvement Project letter of Exemption Application Metro-Talbot Renton Transmission line Corridor Mit:igation planning and Illonitoring 0 Linear project:s (ro .. ds, power .. nd gu lines) 0 EnvlrOnmenlAl C(JIIlpliilnce during (~OIl8t_rlJ(:t.i.nll 0 Pee.-.-eview .lnd pennit conditioning 0 Wetland inventories 0 Vegetation Removal & Replacement of Structures TH-MR #0/10 & TH-MR #0/12 Wetland Status Dear Andrea: To accommodate the 1-405, Tukwila to Renton Improvement Project project, several PSE transmission line structures must be repositioned. Two structures on the 115 kv Metro-Talbot Renton line, TH-MR #0/12, located west of Benson Road on the PSE easement of the Sam's Club property on Parcel # 2023059007; and TH-MR #0/10, located east of 1-405 within PSE's 200-foot wide Renton corridor on Parcel # 2023059005, are the subjects ofthis application for Letters of Exemption. Thunder Hills Creek, a Class 3 (Type 4) watercourse, is present within the project vicinity. The structures are currently within the buffer of Thunder Hills Creek and will be replaced just outside of the buffer. For replacement of Structure TH-MR #0/12, a Letter of Exemption is requested from the City of Renton per RMC 4-3-050 C 5 g. i. In addition, a Letter of Exemption is requested for Vegetation Management/Essential Tree Removal, per RMC 4-3'{)50 C 5 e. v. at both structures. Anchor Environmental, under contract with WSDOT, identified one wetland in the vicinity of Structure TH-MR #0/12, Wetland 2.9L, as shown on the plan sheets submitted with this application for a Letter of Exemption. This wetland was classified according to the Washington State Department of Ecology (Ecology) Wetlands Rating System (Ecology 2004a, 2004b, and 2006) as a Category III, and as Class 3 per Renton code. No impacts to this wetland or its 25-foot buffer are proposed pursuant to this application for a Letter of Exemption. Another wetland was identified by WPS at the east side of 1-405 along an existing access road; the road traverses this wetland, identified on the plan sheets as Wetland A. Wetland A is classified as Category III by Ecology, and Class 3 per Renton code. In order to access Structure TH-MR#0/10 PSE plans to use the existing access roads. Tracked vehicles will be used for the relocation of Structure TH-MR#O/lO to avoid compaction and road widening beyol1,d the existing prism; however, because this wetland lies within a swale below a slope, minor maintenance within the existing roadway prism may be required for safety. Please note that permanent impacts will likely occur within Wetland A and its buffer in the future phase of the PSE structure relocations aspect of the 1-405 Roadway Improvement project to enable P5E to access other structures that will require larger, heavier vehicles for repositioning. Mitigation of these unavoidable permanent impacts will occur in the WSDOT mitigation bank. Sincerely, ~," Celeste Botha Wetland Permitting Services 102S South NQr'man Str.,.,t Seattle, Wamm.gt.on <)8144 1-405 KOADW A Y IMPKOYFMFNT PKOJECT KENTON, WASHINGTON STREAM ANAL YSIS REPORT THUNDER HILLS CR.EEK PUGET SOUND ENERGY LETTEIt OF EXEMPTION APPLICATION METRO-TALBOT RENTON TRANSMISSION LINE CORRIDOR VEGETATION REMOVAL & REPLACEMENT OF STRUCTURES TH-MR #0110 & TH-MR #0112 PKEPAKED FOK: JEFF MCMEEKIN MUNICIPAL LAND PLANNER P.O. BOX 970341 EST-I\W BELLEVUE, W A 98009-9734 (425) 462-3824 PKEPAKED BY: CH.,ESTE BOTHA 2o'l5 South Norman Street Seattle. Washington 1)8144 (2OC>1~5 wpS@isp.com SEPTEMBEK 13, 2007 INTRODUCTION The Washington State Department of Transportation (WSDOT) is planning to improve Interstate 405 (1-405) and State Route (SR) 167 corridors in and around the cities of Renton and Tukwila, Washington. These improvements are collectively known as the 1-405, Tukwila to Renton Improvement Project. The Project improvements extend approximately 4 miles along 1-405, from 1-5 to SR 169, and approximately 2 miles along SR 167, from 1-405 to SW 43rd Street. To accommodate the project, several PSE transmission line structures must be removed and new structures installed. This PSE element of the roadway improvement project is highly complex, involving removal and replacement of structures, some of which convey 115 KV and others of which convey 230 KV of power to serve the needs of business and residential users throughout the area. The structure replacements must occur well in advance of WSDOT construction activities and within certain energy windows, driven by the need to maintain uninterrupted loads during periods of high demand, i.e. summer and winter. Thus, construction for replacement activities must occur during spring and fall seasons, severely limiting the time available to accomplish the project. In order to ensure that these actions occur in a timely manner and do not delay the 1-405 road widening project PSE must begin replacing structures immediately. Seven major distribution networks are affected by the 1-405 project: the Shuffleton-O'Brien, Talbot-Metro Renton, Talbot-Boeing Renton #2, Talbot-O'Brien #2, Talbot-O'Brien #3, Talbot- Asbury, and Talbot-Christopher. Table 1 shows the total structures that will be removed and the total of new structures as well as the number of those structures on each corridor that will be removed and replaced in place'. TABLE 1: TOTAL PSE STRUCTURE REPLACEMENTS 1-4{)5 TUKWILA TO RENTON PROJECT Corridor Symbol Removed Installed Replaced in Place Shuffieton-O'Brien Sh-OB 4 4 1 Talbot Hill-Metro Renton TH-MR 7 5 3 Talbot HiII-BoeinQ Renton #2 TH-BR 7 2 1 Talbot Hili-O'Brien #2 TH-02 7 5 1 Talbot Hili-O'Brien #3 TH-03 2 1 0 Talbot Hill-Asbury TH-As 6 5 2 Talbot Hill-Christopher TH-Ch 11 7 0 TOTAL 44 29 8 PSE has made every effort to avoid critical area and buffer impacts; nevertheless, given engineering constraints, critical area impacts will occur as a result of the PSE's efforts pursuant to the 1-405 roadway widening project. Some structures are located within wetlands or wetland buffers: a report entitled Wetland Analysis Report for PSE Structure Realignment Project, 1-405 Roadway Widening, prepared by WPS, dated September 12, 2007 will be submitted to address impacts related to these replacements. Other structures are currently present or will be installed within stream buffers or will necessitate temporary construction impacts within stream buffers. I "In place" replacement refers to replacement within a few feet of the existing structure: clearly it would be impossible to remove the transmission lines from the old structure without fITSt erecting a new structure. Page 2 + · '-""'_",0 ,~"'~ ··.·:'.',""-'1_' ~,,,,,,,,,,,'" RtruduTA TH-MR #OJ12 "O"3"fi.~'.J ''!'.J~I~!!,JJ~ ;.);''''~~ """J.:"'II'!J! l~J~~~OJ; ,WJ~~~2fI I·,C·""., .• -,.,-,:,-,~-,<j ''-.-'''i'-'.''.' .-.·"c .. -',~!"'r' "."''''~'I ""<'''C'<'. J.'O<f'J'J',"J J,'.':"),,., J"~N'."'" ~'N~~J! "·iH;"-.~:' '<C' 1,\o,,~,,~ .. SIIIDoST ','iH"'~'i;' J"'''rc"" -'~f<~'''W ±~~Structure TH-MR #o/1:g'rL~"J'" -'mt,vJ.!i~ J.'",,:,,'.'6; ~I.'_ •. l, .... ,~) J"""""'"'' '.i'J":."J'J'J($ :'-:'~(;""! I ii .'~.'JC_"~ ====== .... iI .'" ! l EXHIBIT I: VICINITY MAP Two structures on the 115 kv Metro-Talbot Renton line, TH-MR #0/12, located west of Benson Road on the PSE easement of the Sam's Club property on Parcel # 2023059007; and TH-MR #0/10, located east of 1-405 within PSE's 200-foot wide Renton corridor on Parcel # 2023059005, shown in Exhibit 1, are the subjects of this application for Letters of Exemption. The structures will be replaced in place and there will be no increase in footprint of the improved environment nor increase in capacity on the Metro-Talbot Renton transmission lines. For replacement of Structure TH-MR #0/12, a Letter of Exemption is requested from the City of Renton per RMC 4-3-050 C 5 g. L: g. Maintenance and Construction -Existing Uses and Facilities: L Remodeling, Replacing, Removing Existing Structures, Facilities, and Improvements: Remodeling, restoring, replacing or removing structures, facilities and other improvements in existence on the date this section becomes effective and that do not meet the setback or buffer requirements of this section provided the work complies with the criteria in RMC 4-10-090. RMC 4-10-090 states: A legally nonconforming, regulated activity or structure that was in existence or approved or vested prior to the passage of the Critical Area Regulations, RMC 4-3-050, and to which significant economic resources have been committed pursuant to such approval but which is not in conformity with the provisions of RMC 4-3-050 may be continued; provided, that: 1. No such legal nonconforming activity or structure shall be expanded, changed, enlarged or altered in any way that infringes further on the critical area that increases the extent of its nonconformity with this Section without a permit issued pursuant to the provisions of RMC 4-3-050. Page 3 No separate critical area permit is required for a development proposal which has received a letter of exem ption. In addition, a Letter of Exemption is requested for Vegetation Management/Essential Tree Removal, per RMC 4-3-050 C 5 e. v. for both structures: e. Roads, Parks, Public and Private Utilities: v. Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. Vegetation management for construction at Structure TH-MR #0/10, east of the freeway will be very minimal and impacts to critical areas will be temporary as no trees are present within the buffer that will be affected, only shrubs and blackberries. At Structure TH-MR #0/12, some tree removal andlor trimming will be necessary to protect the transmission lines; this vegetation management would have been necessary regardless of the structure replacement. All construction activities for removal of the existing structure and installation of the new structure will occur within the improved environment on the west side of Thunder Hills Creek within the Sam's Club perimeter landscaping; ornamental plants and grass will be restored to their original condition following construction. The "study area" of this report is the areas within close proximity to the structures that will be replaced, as shown in Exhibit 2. Thunder Hills Creek, a Class 3 (Type 4) watercourse, is present within the project vicinity, as shown in Exhibit 3. No permanent impacts will occur to either the stream or to the 75-foot stream buffer from construction activities at either location, as discussed in further detail below. EXHIBIT 2:. AERIAL PHOTOGRAPH OF STUDY AREA Page 4 EXHIBIT 3: MAP OF THUNDEIt HILLS CREEK Both structures will be replaced in place, as shown in Exhibits 4 and 5. Structure TH-MR #0/10 is currently approximately 2 feet within the standard 75-foot buffer of Thunder Hills Creek; it will be replaced approximately 2 feet outside of the b~ffer. Structure TH-MR #0/12 will also be replaced virtually in the same location, except that it will be relocated outside of the Thunder Hills Creek buffer approximately 20 feet west of the existing structure within the perimeter landscaping, as shown in Exhibit 5. As can also be seen in Exhibit 5, several trees have matured to the point where they threaten the integrity of the transmission lines, triggering the need for normal vegetation management activities, which will be undertaken concurrently with the structure replacement. EXHIBIT 4: STRUCTURE TH-MR #QIIO SHOWING EXISTING STRUCTURE AND STAKED LOCATION OF NEW STRUCTURE Page 5 EXHIBIT 5: STRUCTURE TH-MR 0112 SHOWING EXISTING STRUCTURE AND STAKED LOCATION OF NEW STRUCTURE STR.EAM ANALYSIS To avoid duplication of effort, this section has been excerpted from the Thunder Hills Creek section of the report entitled 1-405, Renton Nickel Improvement Project Fisheries and Aquatic Resources Discipline Report, prepared by Anchor Environmental, LLC dated October 2005, with the permission of the authors and WSDOT. The headwaters of Thunder Hills Creek are located to the southeast of 1-405. Upstream of 1-405, Thunder Hills Creek is contained in an incised channel with an intact riparian buffer along the east side of the creek and a buffer of varying widths (from 0 to approximately 20 feet wide) along the west side of the creek. At the downstream end of this upper section, Thunder Hills Creek flows under 1-405 and daylights into a concrete outfall located directly behind a Sam's Club. The culvert under 1-405, which connects the up and downstream sections of Thunder Hills Creek, acts as a complete upstream fish passage barrier. After daylighting at the outfall, Thunder Hills Creek confluences with water flowing from a historic, now abandoned coal mine. There is a noticeably sulfurous smell from the water originating from the coal mine at this confluence 2 From the confluence, the flow from Thunder Hills Creek and the coal mine runoff enters a three-sided concrete flume and flows along the southeast edge of the Sam's Club parking lot. Exhibit 6 shows Thunder Hills Creek in the concrete flume. The flume outlets into a wetland complex immediately east of Talbot Road South and north of 1-405. The creek then flows west under Talbot Road, into a series of culverts, under several parking lots, to 2 Derek Koellmann, Anchor Environmental, L.L.c., personal observation. Page 6 where it daylights and converges with Rolling Hills Creek in the location where Rolling Hills Creek daylights between the parking lot associated with the Renton Cinema 8 and 1-405. Exhibit 3 is a map of Thunder Hills Creek. As stated above, the lower portion of Thunder Hills Creek fiows through a three-sided concrete fiume and has no natural channel. There is almost no vegetative cover over the stream. Most of the stream bed is concrete, with sporadic patches of gravel located along the length of the stream. [)(HIBIT 6. THUNDER HIlLS CREEK IN CONCRETE FLUME IMMEDIATHY DOWNSTREAM OF CONFLUENCE WITH MINE RUNOFF No anadromous fish species are reported to occur in Thunder Hills Creek, due to downstream fish passage barriers' However, due to habitat conditions in the upstream reaches, Thunder Hills Creek likely historically supported populations of coho salmon and steelhead trout. It is unlikely that fish occupy the lower reach of Thunder Hills Creek due to habitat and water quality considerations; however, there could be use by species more tolerant to such conditions such as three spine stickleback. Resident fish species likely to occur in the upper reaches of Thunder Hills Creek include cutthroat trout, sculpin, and three spine stickleback' Although existing riparian conditions vary along the streams in the study area, the majority of streams have riparian buffers that are moderately to severely degraded under existing conditions. Therefore, many of the functions that riparian vegetation provides (such as LWD recruitment, contribution of organic material, fish cover, bank stabilization, and stream temperature regulation) are already altered and will not be substantially affected as compared to existing conditions. In streams where riparian vegetation losses will be large or will involve removing trees or large shrubs that provide substantial shade, stream buffer mitigation will occur where feasible (see the Mitigation section [of the Anchor Environmental Report] for detailS). 3 KCDNR Fish Distribution Maps and Data http://dnr.metrokc.govlWrias/9/FishDist.htm 2004. 4 Wydoski and Whitney Inland fishes of Washington 1979. Page 7 IMPACT ANALYSIS Although PSE has attempted to avoid impacts during structure replacement activities, vegetation removal allowed pursuant to RMC will occur. Potential direct stream impacts will be avoided through the use of Best Management Practices. MmGA llON STRATEGIES AVOIDANCE OF IMPACTS PSE will avoid all unnecessary critical area and critical area buffer impacts in several ways. Structure locations were reviewed individually in the field with the project engineer, project managers and the appropriate consultant to evaluate ways to avoid impacts. Both structures will be replaced outside the stream buffer to avoid or reduce impacts. Access routes were also evaluated with an eye towards avoidance of impacts to critical areas. MINIMIZING IMPACTS To minimize potential impacts to critical areas, construction will occur during the dry season. Fill spoils from augering to install new structures will be removed and hauled to an approved disposal site. COMPENSATION FOR. IMPACTS Native shrubs and ground covers at both structures will be allowed to naturally regenerate following vegetation management activities. Blackberries will be controlled to encourage native species regeneration. A comprehensive mitigation plan is being prepared to address all stream buffer impacts. If natural regeneration does not occur in these areas prior to implementation of the stream buffer mitigation plan, these areas will be restored using similar techniques and will thereafter be subject to all other specifications of this comprehensive mitigation plan. Page 8 " .. c·;, ~';:', c,' ., , ' toJ .',~ • o c.- C:,,' ~, C' '" , • AFTER RECORDING MAIL TO: Name Puget Sound Energy Address One Bellevue Center 411 -lOS" Ave. N.E. CitylState Bellevue, WA 98004 Document Tltle(s): (or transactions contained therein) 1. Master Euement 2. 3. 4. L LU6 PiJi2-c~FBGI) P6«JPGti-TI.{ PrZotVl f/Jh r5 i w~~n 10 /it-IS Sue;J'EcT 6iIISV"'-l:71 '/ , :(:--0 I) r\lQ , \)" YJ"6"rZ-t::C . IZ£CO,zi)(hGr 1t 1~1 2171q5) " '."'. First American Title ~ Insurance Company 3q&q;;C~ -5 joll)I~-5 Reference Number(s) of Documents aligned or releued: (thi.f lpace fo" title company UUI only) Additional numbeIs on page _ of docwnent Grantor(s): (Last name first, then first name and initials) 1. Puget Western, Inc. 2. 3. 4. 5. Additional names on page _ of document Grantee(s): (Last name first, then first name and initials) 1. Puget Sound Energy,lnc. 2. 3. 4- 5. Additional names on page _ of document Abbreviated Legal Description a fOllows: (i.e. lotlblocklplat or sectionltownship/rangelquarterlquarter) Section 17 Twp 23N Rng SE SW Yo SW I;' Seetion 19 Twp 23N Rng 5E E !h NE Yo Section 20 Twp 23N Rng 5E GL I in NW I;' Blocks 1-2, Walsworth's I" Add. Vol 6. pg. 23 Complete legal description is on page 9 of document AMellor'. Property Tax Parcel/Account Number(_): 972S00~751.()6, 172305·9072~3. 192305-9091 ~S. 202305-9006~9, 202305-9007 ~S, 202305-9008~7, 20230S-9037~2, 20230S-9050~4, 202305-9146~0, 202305-9028~3, 915460'()() IO'()() & 192305·9090~9 RECORDPA AFTER RECORDING RETURN TO: Puget Sound Energy One Bellevue Center 411 -108th Ave. N.E. Bellevue, W A 98004 PUGET SOUND ENERGY MASTER EASEMENT For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged. Puget Western, Inc., a Washington corporationJ"Gmntor" herein), hereby conveys and warrants to PUGET SOUND ENERGY,INC., a Washington corporation ("Grantee" herein), for the purposes hereinafter set forth, a perpetual nonexclusive easement over, under, along, across and through the following described real property (the "Property" berein) in King County, Washington. See Exhibit A attached hereto and incorporated herein by this reference. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon those portions of the Property (the "Easement Areas" herein) described as follows: [Note, all easement areas are based upon existing facilities, as-buil~ shown on that certain Barghausen Survey dated June 19, 1998, last revised July 30, 1998, Job No. 6687 and further shown on the easement exhibit attached as Exhibit B]. A. Transmission Line Easement Area (steel tower line): EASEMENT A All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip of land, 100 feet in width, lying 50 feet on each side of the following described easement centerline: COMMENCING at the Northeast corner of said Section 19, from which point the North quarter corner of said Section 19 bears North 89' 42' 16" West, 266\.81 feet distant; THENCE South 20' 03' 21 " West, 626.75 feet to a point on the Easterly right-of-way margin of Talbot Road South, a.k ... SR-515, and the POINT OF BEGINNING; THENCE South 89' 29' 49" Eas~ 6 \.02 feet; THENCE South 78' 26' 19" East, 746.06 feet to a point on the Westerly right-of-way margin of SR-405 and the terminus of the described line. EXCEPT any portion thereof lying within the right-of-way of Benson Road South. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. B, Transmission Line Easement Area (three (3) separate single wood pole lines), each such easement area fifty (50) feet in width having twenty-five (25) feet of such width on each side of three separate centerlines described as follows: EASEMENTBI All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W. M., and of the Northwest quarter of Sec lion 20, Township 23 North, Range 5 East, W.M., City of Renton. King County, Washington. described as follows: A strip of land, 50 feet in width, lying 25 feet on each side of the following described easement centerline: COMMENCING at the Northeast comer of said Section 19, from which point the North quarter corner of said Section 19 bears North 89' 42' 16" West, 2661.81 feet distant; THENCE South 24' 08' 45" West, 590.33 feet to a point on the Easterly righl-of-way margin of Talbot Road South, a.k ... SR-515, and the POINT OF BEGINNING; THENCE South 81' 57' 34" East, 24.55 feet to a point hereinafter referred to as Point "A"; Easement-rSE (I I 1798).doc - 1 • THENCE South 81' 57' 34" East, 728.01 feet; THENCE North 22' 02' 14" East, 442.59 feet to a point on the Westerly right-of-way margin of Benson Road South and the terminus of the described line. TOGETHER WITH a strip ofland, 10 feet in width, lying 5 feet on each side of the following described easement centerline; BEGINNING at the aforementioned Point "A"; TIlENCE North II" 18' 35" East, 65.00 feet to the terminus of the described line. EXCEPT any portion thereof lying within the right-of-way of Benson Road South. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. EASEMENTB2 All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip of land, 50 feet in Width, lying 25 feet on each side of the following described easement centerline: COMMENCING at the Northeast corner of said Section 19, from which point the North quarter corner of said Section 19 bears North 89" 42' 16" Wes!, 2661.81 feet distant; THENCE South 13' 38' 13" West, 724.00 feet to a point on the Easterly right-of-way margin of Talbot Road South, o.k.a. SR-515, and the POINT OF BEGINNING; . THENCE South 77" 58' 12" East, 711.03 feet to a point on the Westerly right-of-way margin of SR-405 and the terminus of the described line. EXCEPT any portion thereoflying within the right-oF-way of Benson Road South. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. EASEMENTB3 All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip of land, 50 feet in width, lying 25 feet on each side of the following described easement centerline: COMMENCING at the Northeast corner of said Section 19, from which point the North quarter corner of said Section 19 bears North 89' 42' 16" West, 2661.81 feet distant; THENCE South 39" 38' 55" East, 879.45 feet to a point on the Westerly right-of-way margin of SR-405 and the POINT OF BEGINNING; THENCE South 27' 22' I I " West, 139.12 feet; THENCE South 77' 58' 09" East, 48.63 feet to the Westerly right-of-way margin ofSR-405 and the terminus of the described line. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margin. C. Transmission Line Easement Area for each of three (3) separate "H-Frame" wood pole lines, each such easement area being sixty (60) feet in width having thirty (30) feet of such width on each side of three separate centerlines described as follows: Easement-PSE (I 11798).doc ·2· EASEMENTCI All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W. M .• and of the Northwest quarter or Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip of land, 60 feet in width, lying 30 feet on each side of the following described easement centerline: COMMENCING at the Northeast comer of said Section 19, from which point the North quarter comer of said Section 19 bears North 89' 42' 16" West, 2661.81 feet distant; THENCE South 22' 00' 58" East, 1116.15 feet to a point on the Westerly right-of-way margin of SR-405 and the POINT OF BEGINNING; THENCE North 87'13' 01" West, 309.11 feet; THENCE North 38' 16' 46" East, 60.00 feet; THENCE South 38' 16' 46" West, 60.00 feet; THENCE South 87' 54' 37" West, 63.00 feet; THENCE North 87' 54' 37" East, 63.00 feet; THENCE South 41' 09' 03" West, 333.60 feet; THENCE South 53' 31' 58" West, 59.45 feet to a point on the Easterly right-of-way margin of Talbot Road South, a.k.a. SR-515, and the terminus of the described line. EXCEPT any portion thereof lying within the right-of-way of Benson Road South. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. EASEMENTC2 All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip ofland, 60 feet in width, lying 30 feet on each side of the following described easement centerline: COMMENCING at the Northeast comer of said Section 19, from which pointthe North quarter comer of said Section 19 bears North 89' 42' 16" West, 2661.81 reet distant; THENCE South 19' 31' 49" East, 1150.29 reet to a point on the Westerly right-of-way margin of SR-405 and the POINT OF BEGIl\'NING; THENCE North 87' 25' 28" West, 254.58 feet; THENCE North 42' 54' 41" East 63.00 feet; THENCE South 42' 54' 41" West, 63.00 feet; THENCE North 88' 45' 13" West, 78.00 feet; THENCE South 88' 45' 13" East, 78.00 feet; THENCE South 39' 19' 23" West, 335.04 feet; THENCE North 78'44' 10" West, 75.00 feet; THENCE South 78' 44' 10" East, 75.00 feet; THENCE South 35' 43' 16" West, 62.50 feet; THENCE South 09' 54' 39" East, 163.78 reet to a point on the Northwesterly right-of-way margin of SR-405 and the terminus of the described line. EXCEPT any portion thereoflying within the right-of-way of Benson Road South. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. EASEMENTC3 All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip of land, 60 feet in width. lying 30 feet on each side of the following described easement centerline: COMMENCING at the Northeast comer of said Section 19, from which point the North quarter comer of said Section 19 bears North 89' 42' I 6" West, 2661.81 feet distant; THENCE South 06' 35' 30" West, 1412.87 feet to a point on the Easterly right-of-way margin of Talbot Road South, a.k.a. SR-515, and the POINT OF BEGINNING; THENCE North 64'20' 48" East, 473.39 feet; THENCE South 87' 25' 28" East. 30.42 feet to a point on the Westerly right-of-way margin of SR- 405 and the terminus of the described line. Eascmcnt-PSE (II I 798).doc -3- EXCEPT any portion thereof lying within the right-of-way of Benson Road South_ EXCEPT any portion thereof lying within the right-of-way of SR-405. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. D. Distribution LiDe Easemenl Area for four (4) separate single wood pole lines, two (2) along Talbot Road. Two (2) running easl and west, each such easement area being ten (10) feel in width having five (5) feel of such width on each side of four (4) separate centerlines described as follows: EASEMENTDI All that portion ofth. Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwesl quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip afland, 10 feet in width, lying 5 feet on each side of the following described easemenl centerline: COMMENCING at the Northeast corner of said Section 19, from which point the North quarter corner of said Section 19 bears North 89° 42' 16" West, 2661.81 feet distant; TIffiNCE South 44° 19' 22" West, 408.98 feet to a point on the Southerly right-of-way margin of South Grady Way and the POINT OF BEGINNING; TIlENCE South 10' 12' 53" East, 53.88 feet; THENCE South 17' 16' 55" East, 201.48 feet; THENCE South 17' 08' 15" East, 212.61 feet; THENCE South 0 I' 25' 01" East, 37.69 feet to a point on the Easterly right-of-way margin of Talbot Road South, a.k.a. SR-515, and the terminus of the described line. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. EASEMENTD2 All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip ofland, 10 feet in width, lying 5 feet on each side of the following described easement centerline: COMMENCING at the Northeast comer of said Section 19, from which point the North quarter corner of said Section 19 bears North 89' 42' 16" West, 2661.81 feet distant; THENCE South 43' 38' 53" West, 384.49 feet to • point On the Southerly right-of-way margin of South Grady Way and the POINT OF BEGINNING; THENCE South 15' 59' 24" East, 108.09 feet; THENCE South 13' 44' 58" East, 233.71 feet; THENCE South 23' 31' 44" East, 146.98 feet; THENCE South 04'23' 10" West, 241.94 feet; THENCE South 07' II' 23" West, 36.60 feet to a point on the Easterly right-of-way margin of Talbot Road South, •. k.a. SR-515, and the terminus of the described line. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margins. EASEMENTDJ All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W.M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington, described as follows: A strip ofland, 10 feet in width, lying 5 feet on each side ofthe following described easement centerline: COMMENCING at the Northeast comer of said Section I 9, from which point the North quarter corner of said Section 19 bears North 89' 42' 16" West, 2661.81 feet distant; THENCE South 08' 14' 46" West, 995.62 feet to a point on the Easterly right-of-way margin of Talbot Road South, a.k.a. SR-5I5, and the POINT OF BEGINNING; Easement-PSE (11 I 798).doc -4- E. THENCE North 85° 44' 29" East, 480,65 feet; THENCE North 47° 10' 13" East, 219,08 feet to the terminus of the described line, EXCEPT any portion thereoflying within the right-of-way of Benson Road South, Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described rigbt-of-way margins, EASEMENTD4 All that portion orthe Northeast quarter of Section 19, Township 23 Worth, Range 5 East, W,M" and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M" City of Renton, King County, Washington, described as follows: A strip ofland, 10 feet in width, lying 5 feet on each side of the following described easement centerline: COMMENCING at the Northeast comer of said Section 19, from which point the North quarter comer of ,aid Section 19 bear, North 89° 42' 16" West, 2661.81 feet distant; THENCE South 39° 38' 55" East, 879.45 feet to a point on the Westerly right-of-way margin of SR-405; THENCE South 27° 20' 32" West, 11.32 feet to the POINT OF BEGINNING; THENCE North 50° 27' 45" West, 67,83 feet to the tenninus of the described line. Extending or shortening the sidelines of said easement to intersect at angle points and to terminate at the described right-of-way margin, Fiber Optic Line Easement Area: EASEMENTE All that portion of the Northeast quarter of Section 19, Township 23 North, Range 5 East, W,M., and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W,M., City of Renton, King County, Washington, described as follows: A strip of land, 10 feet in width, lying 5 feet on each side of the following described easement centerline: COMMENCING at the Northeast comer of said Section 19, from which point the North quarter comer of said Section 19 be3l'll North 89° 42' 16" West, 2661.81 feet distant; THENCE South 34° 37' 13" West, 199,08 feet to a point on the Southerly rigbt-of-way margin of South Grady Way and the POINT OF BEGINNING; THENCE South 41° 33' 32" West, 156,90 feet; THENCE South 10° 20' 52" West, 102.55 feet to the tenninus of the described line. Extending or shortening the sidelines of said easement to intersect at angle points and to tenninate at the described right-of-way margin. F, Road Frontage Easement: EASEMENTF All that portion of the Southwest quarter of Section 17, Township 23 North, Range 5 East, W.M., the Northeast quarter of Section 19, Township 23 North, Range 5 East, W,M" and of the Northwest quarter of Section 20, Township 23 North, Range 5 East, W.M" City of Renton, King County, Washington, described as follows: A strip of land IS feet in width, the Northerly boundary of which is coincident with the Southerly margin of South Grady Way; a strip ofland 15 feet in width, the Westerly boundary of which is coincident with the Easterly margin of Talbot Road; a strip of land 15 feet in width, the Easterly boundary of which is coincident with the Westerly margin of Benson Road; and a strip ofland IS feet in width, the Westerly boundary of which is coincident with the Easterly margin of Benson Road. Extending or shortening the sidelines of said easement to terminate at the boundaries of the grantor's property. Easement· PSE (I 11798).doc -5- · > 1. Purpose. Grantee shall have the right to operate, maintain, repair, replace, improve, remove, enlarge and use one or more electric transmission and/or distribution systems over and/or under the Easement Areas, together with all necessary or convenient appurtenances thereto, which said systems may include but are not limited to the following: a. Overhead facilities. Poles andlor towers with crossarms> braces, guys and anchors; electric transmission and distribution lines; fiber optic cable, communication and signal lines and transformers. b. Underground facilities. Underground conduits, cables, vaults, manholes, switches and transformers; semi-buried or ground mounted facilities such as pads, transformers and switches; fiber optic cable, communication and signal lines. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for its systems subject to the limitations set forth below and in no event constructed in such a way place or manner so as to impair Grantor's use of the Property consistent with the language set forth in paragraph number 5 below_ 2. Access> Followu.g forty-eight (48) hours prior notice, save and except emergency circumstances (at which time Grantee may immediately access the Easement Areas), Grantee shall have the right of access to the Easement Areas over and across the Property to enable Grantee to reasonably exercise its rights hereunder. Grantee shall repair or compensate Grantor for all damage to the Property. including any damage to Grantor's inventory, improvements. parking areas, landscaping, equipment, other items of personal property. roads, crops, driveways and fences caused by the exercise of such right of access. 3. Easement Area Clearing aDd MaiDtenance. Following forty-eight (48) hours prior written notice, and Grantor's consent, which consent shall not be unreasonably withheld, conditioned or delayed, Grantee shall have the right to cut, remove and dispose of any and all brush, trees and other vegetation presently existing upon the Easement Area and which impairs the use of Grantee's system constructed within the Easement Areas, Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of bush, trees and other vegetation upon the Easement Area which could, in the reasonable opinion of Grantee, reasonably interfere with the exercise of Grantee's rights herein or create a hazard to Grantee's systems. Grantor's landscaping shall not be damaged, (or if damaged, shall be restored by Grantee, to Grantor's satisfaction), unless and except to the extent that such landscaping could, in Grantee's reasonable judgment. substantially interfere with or create a hazard to Grantee's systems. 4. Trees Outside Easement Area> So long as not in violation of any applicable law, and following Grantor's prior written approval which approval will not be unreasonably conditioned, withheld or delayed, Grantee shall have the right to cut, trim, remove and dispose of any trees located on the Property outside the Easement Areas which could, in Grantee's reasonable judgment, substantially interfere with or create a hazard to Grantee's systems. Grantor shall be entitled to compensation for trees cut, trimmed, removed or disposed of, including the actual market value of merchantable timber (if any) cut and removed from the Property by Grantee. Grantor's landscaping shall not be damaged, (or if damaged, shall be restored by Grantee to Grantor's satisfaction) unless and except to the extent that such landscaping could, in Grantee's reasonable judgment, substantially interfere with or create a hazard to Grantee's systems 5. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Areas for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any buildings, on the Easement Areas and Grantor shall do no blasting within 300 feet of Grantee's systems without Grantee's prior written consent. Subject to the foregoing, Grantee has Grantor's consent to use the Easement Areas for uses relating to commercial parking lots or aulo sales lots, including landscaping (not more than fifteen (15) feet high) asphalt and concrete and other similar types of materials (provided Grantee may cut and patch the same at Grantee's cost) and constructing non-metalic kiosk-type silting areas substantially similar to the non-metalic kiosk-type silting area illustrated at Exhibit C attached hereto (not more than 12 feet high) and incorporated herein by reference. 6> Indemnity. Grantee agrees to indemnify Grantor li-om and against all liability incurred by Grantor as a result of the negligence or willful acts of Grantee or its> and employees, but nothing herein shall require Grantee to indemnify Grantor for th.t portion of any such liability judicially determined by a court of competent jurisdiction to be attributable to the negligence or willful acts of Grantor 7. Abandonment. The rights herein granted to Grantee shall continue until such time as Grantee ceases to use any or all the Easement Areas for a period often (10) successive years, in which event said Easement Areas shall immediately self-terminate and all rights hereunder shall revert to Grantor, providing the remaining portions of the easement areas which are or have been used within said ten years are not tenn inated. 8> Successors and Assigns. Grantee shall have the right to assign a portion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this Easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. Easement~ PSE (II I 798).doc -6 - 9. Stanchion Radiu •. Grantor expressly reserves the right to pave and/or asphalt within a radius of flve (5) feet from any stanchion, pole, tower. brace, guy, anchor, etc. Grantor's paving and/or asphalting shall not impair Grantee's ability to use the Easement Areas for the purposes set fol1h herein. 10. Grant •• 's Construction of New Underground Utility Lines, From and after the recordation date of this Easement, Grantee may not lay, install or construct a new underground utility line, of any type, within the Easement Areas, without Grantor's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Further, Grantee may not take any action not expressly granted herein which impacts in any way Grantor's development and use of the Property. II. Notice. All notices required or permitted to be given hereunder shall be in writing and shall be personally delivered, sent by U.S. certified mail, postage prepaid, return receipt requested, telecopy or by overnight courier service, addressed as set forth below: Ca) All notices to be given to Grantee shall be addressed as follows: Puget Sound Energy One Bellevue Center 411 -108th Ave. N.E. Bellevue, WA 98004 Attn: Manager Real Estate Telefax: (425) 462-3519 (b) All notices to be given to Grantor shall be addressed as follows: Puget Western, Inc. 19515 Nol1h Creek Parkway, Suite 310 Bothell, W A 98011 Attn: President Telefax: (425) 487-6565 Either party hereto may, by proper notice to the other, designate such other address for the giving of notices as deemed necessary. All notices shall be deemed given on the day each such notice is personally delivered, transmitted by telecopy (with evidence of receipt) or delivered by overnight courier service, or on the third day following the day such notice is mailed if mailed in accordance with this section. Failure to deliver a copy ofa notice to a "copy" party shall not effect the validity of such notice, as such copies are for the convenience of the parties only. Dated this '5 -I d'ay of Oecember, 1998. GRANTOR ITS President Easement-PSE (111798).OOc -7- STATE OF Washington) ) SS COUNTY OF k I Nt;. ) On this day personally appeared before me R. B. Boyd, to me known to be the President ofPuget Western, Inc._ the entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that h. was authorized to execute the said instrument and that the seal affIXed is the corporate seal of said corporation. GIVEN under my hand and official seal this ~,\\"'III'",.,. :\0" ". E,&~ f:...."Z~··~·:s····· ~ ~cr..; .. ~ :: / ~OTAR" \ ~ =: • : = ~". PU:;:"S ..,~..,,_ A'" ~ \~l~~i # ~'''' Qi: ...... -# ;'1"111""\\'" 1$ dayof~1998. ~7 #-I'A4u.-/ Notary Public in and for the State of _____ _ Residing at c:!L, tI,r-o ",/ My commission expires 14 ... &. ) 4, Easement· PSE (1l1798).doc ·8· EXHIBIT "A" Order No. 380714-SK DESCRIPTION: PARCEL A: THAT PORTION OF GOVERNMENT LOT 10 IN THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 445.3 FEET EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH 150 FEET; THENCE WEST 57.3 FEET; THENCE NORTH TO THE SOUTHERLY LINE OF SOUTH GRADY WAY; THENCE SOUTHWESTERLY ALONG SAID ROAD TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE EAST TO THE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF THE SOUTH LINE OF WALSWORTH'S FIRST ADDITION TO RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 23, RECORDS OF KING COUNTY, WASHINGTON, AND EASTERLY OF THE EASTERLY LINE OF TALBOT ROAD SOUTH. PARCEL C: THAT PORTION OF GOVERNMENT LOT 10, SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AND OF GOVERNMENT LOT 1, SECTION 20, TOWNSHIP 23 NORTH, ImNGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID GOVERNMENT LOT 1 AT A POINT 528.00 FEET WEST OF THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 53.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 10, A DISTANCE OF 232.46 FEET, MORE OR LESS, TO THE EAST LINE OF A TRACT OF LAND DEEDED TO PUGET SOUND TRACTION, LIGHT AND POWER COMPANY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 817107, WHICH LINE IS PARALLEL WITH AND 445.30 FEET EAST OF THE WEST LINE OF SAID SECTIONS 17 AND 20; THENCE SOUTH ALONG SAID EAST LINE 313 FEET, MORE OR LESS, TO THE NORTH LINE OF A TRACT OF LAND DEEDED TO RENTON CO- OPERATIVE COAL COMPANY BY DEED RECORDED DECEMBER 26, 1900 UNDER KING COUNTY RECORDING NO. 200930; THENCE EASTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF THE EAST 528.00 FEET OF SAID GOVERNMENT LOT 1; THENCE NORTH ALONG SAID WEST LINE 260 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; EXCEPT PORTION THEREOF LYING WITHIN ~mIN AVENUE SOUTH (BENSON ROAD SOUTH) AS DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 2827715. Easement· PSE (111798).do< ·9· EXHIBIT "A" PARCEL D: THAT PORTION OF GOVERNMENT LOTS 1 AND 2, SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON LYING WESTERLY AND NORTHERLY OF PRIMARY STATE HIGHWAY NO.1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEE8S RECORDED UNDER RECORDING NOS. 5732439 AND 4924770; EXCEPT ANY PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF GOVERNMENT LOT 10, SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AND OF GOVE~~ENT LOT 1, SAID SECTION 20, DESCRIBED AS FOLLOWS; BEGINNING ON THE NORTH LIEN OF SAID GOVERNMENT LOT 1 AT A POINT 528.00 FEET WEST OF THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 53.00 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID GOVERNMENT LOT 10, A DISTANCE OF 232.46 FEET, MORE OR LESS, TO THE EAST LINE OF A TRACT OF LAND DEEDED TO PUGET SOUND TRACTION, LIGHT AND POWER COMPANY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 817107, WHICH LINE IS PARALLEL WITH AND 445.30 FEET EAST F THE WEST LINE OF SAID SECTIONS 17 AND 20; THENCE SOUTH ALONG SAID EAST LINE 313 FEET, MORE OR LESS, TO THE NORTH LINE OF A TRACT OF LAND DEEDED TO RENTON CO- OPERATIVE COAL COMPANY BY DEED RECORDED DECEMBER 26, 1908 UNDER KING COUNTY RECORDING NO. 200930; THENCE EASTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF THE EAST 528.00 FEET OF SAID GOVERNMENT LOT 1; THENCE NORTH ALONG SAID WEST LINE 260 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; ALSO EXCEPT PORTIONS THEREOF LYING NITHIN BENSON ROAD SOUTH AND SOUTH GRADY WAY; AND EXCEPT PORTION THEREOF LYING EASTERLY OF BENSON ROAD SOUTH. PARCEL E: THOSE PORTIONS OF BLOCKS 1 AND 2, INCLUDING THE UNNUMBERED TRACTS ADJOINING THE LOTS IN BLOCK 1, WALSWORTH'S FIRST ADDITION TO RENTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 23, RECORDS OF KING COUNTY, WASHINGTON, LYING SOUTHERLY OF SOUTH GRADY WAY AND NORTHEASTERLY OF TALBOT ROAD SOUTH; TOGETHER WITH THOSE PORTIONS OF BURNETT AVENUE SOUTH AND SOUTH 8TH AVENUE VACATED BY CITY OF RENTON ORDINANCE NO. 2850, WHICH ATTACHED THERETO BY OPERATION OF LAW. PARCEL F: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF TALBOT ROAD SOUTH AND LYING NORTHERLY OF PRIMARY STATE HIGHWAY NO. 1, AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 5754046. (CONTINUED) Easement· PSE (111798).doe • 10- EXHIBIT "A" DESCRIPTION CONT. ORDER NO. 380714 PARCEL G: THAT PORTION OF GOVERNMENT LOT I, SECTION 20, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY AND NORTHERLY OF PRIMARY STATE HIGHWAY NO. I, AS CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NUMBERS 5732439 AND 4924770; EXCEPT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF BENSON ROAD SOL~H; AND EXCEPT ANY PORTION THEREOF LYING WITHIN THE FOLLOWING: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF THE JOHN F. BENSON COUNTY ROAD (BENSON ROAD SOUTH) WHICH IS SOUTH 25°44'34" EAST 934.11 FEET FROM THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE SOUTH 0°38' WEST 369.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°38' WEST 109.14 FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1; THENCE SOUTH 88°55' WEST 183.03 FEET TO THE EASTERLY MARGIN OF SAID JOHN F. BENSON COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID ROAD, 113.23 FEET; THENCE NORTH 88°55' EAST 157.24 FEET TO THE TRUE POINT OF BEGINNING. ALL SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ERscment-rSE (I I I 79R).doc • 11 • Nt! ! , I I Easemenl-PSE (I I 1 798).doc EXHIBIT "8" EASEMENT EXHIBIT / ~ .. / / / / / % ,j / ,I , / / ,I' . 1/ . " ~'" " . o· • ..•. ,~j-. ,~~ I' / .. ~. • 12·