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HomeMy WebLinkAboutReport 01CULTURAL RESOURCES ASSESSMENT FOR THE CEDAR RIVER SOCKEYE BROOD STOCK SITE RENTON, KING COUNTY, WASHINGTON by hina L. Boersema Report Prepared for: SC; lttle PLJbJiC Utilities Cascadia Archaeolo��y PO Box 51058 Seattle_ WA 98115-1058 Roster Agreement No. R00-0')-02 Supplement No. I Work Assignnicni No. 8 Task 2 Mav 20. 2008 Cultural Resources Assessment for the Cedar River Sockeye Brood Stock Site Renton, King County°, Washington Introduction Seattle Public Utilities is planning to develop a Sockeye Brood Stock Site on the lower Cedar River in Renton. Washin-ton. The development will include construction of an access road and turnaround area, approximately 280 feet in total length cm the left (or south) bank of the river. Because project involves a terrace and bank of the Cedar River, a cultural resource assessment was requested by Ralph Naess. Public and Cultural Programs Director for Seattle Public [_ltilities. An archaeological survey was conducted on May 14, 2008 by archaeologist Jana Boersema who was assisted by Field Technician Sarah Thompson. Project Location ']'he project area ism Township 2' North. Range 5 Last, Section 17 (figure 1). 'I he proposed brood stock site is at the mouth ofthe Cedar River Valley, where it opens onto the now- defunct Black River Valley, about 1.6 miles south of'the south end of Lake Washington in the city of Rerltoii. The project area is at the toe of a finger ridge from the uplands on the south .side of the Cedar River. The proposed access toad will start at Narco Road and cross the Cedar River Trail Lit the front edge ofa terrace above 1he river, and then curve dawn the terrace slope to a lower terrace that is within the active flood plain of the river. The uplands in the vicinity of the project area arc primarily composed of till deposits from the Vashon Stade of -the Fraser Glaciation (Pacific Northwest Center for Geologic Mapping Studies 1006). The wide. level Iloodplain at the mouth ol�the valley, and across the river from the project area. Nvas built up by thick alluvial fan deposition- In the north part of' Renton these alluvial fan deposits are at least l30 Feet thick. 'File tan deposition likely occurred right at the end of the Vashon glaciation. As the alluvial fan built up, it dammed the south end ol'the valley in which Lake Washington formed (VlullincauX 1970). Alluvial deposition in the valleys continued durim) the Holocene, how evcr in the immediate vicinity ofthe project area recent and historic land use has obliterated the natural deposits. which are now mapped as urban or modified land (NRCS 2006: 11'acitic Northwest Center for Geologic Mapping Studies 2006). Cultural and Historic Background PrehistOric use of and habitation near the mouth of the Cedar River Valley have been documented by previously investigated sites in the vicinity of the project area. Several sites have been investigated along the banks of the Black River, including two village sites. 45K151- the Sbabadid site, and 45K[59, Tualdad Altu (Chatters 1981. 1988). Other nearby sites have riot been as e.rter)Skely investigated. but they include both probable village sites and resource 1212''1`c1�'(30" IN 122012'00'' •W NAEi27 122'11'00" Vv z 1220131)0" IN 1220 12:0C." ':,V NAD-17 122° 11100" IN I a , .... I :dliE Ti�1fI� 0 •Cc'� ttr �r � <-3;zK��"fTiAS 'tintad fiura TOPc l 000 H lduk�-' (mVw Sopo com) Figure 1. 4'r0ieCL %icinitN,'1"23N_ R5E, Sec. 17. dixmn on L1SCiS RCIlLon. 7.5' toJXn'_'ral)hic tivadran"lc (199 4)_ acquisition sites. No previously recorded sites are located within or immediately adjacent to the project area. Ethnographies. histories, and oral traditions indicate that the Duwamish people were residents of the project vicinity for mane generations, Their villages are documented both by early Wraps of the area and by place names given by the Duwaniish people and recorded by I". T. Waterman (Hilbert et al_ 2001) in the 1920s. The 186S GLO survey leap shows an "Indian Village' approximately 1 mile (1.6 km) from the project area along the hank of the Black River. A place name recorded by Waterman identities a place that means "gravel always falling" that may have been adjacent to or near the project area. A village is known to have been located at the confluence of the Black and Cedar Rivers. approximately 7/8 mi from the project area (Hilbert et al. 2001:149). An important Native American trail. the Cedar River Trail. 1«Ilowed the Cedar River, but was located across the river from the project area (Larson and Lewarch 1990). By 1865 the project area was within the donation land claim settled by H. H. Tobin (GLO 1865). Subsequently- the to«n of Renton was established on the south hank ofthe Cedar River -just west ofthe project area (USGS 1895). Coal and high quality clay- were discovered just southeast ofthe project area. and Renton Clay Works opened a plant in 1902 approximately 400 an southeast of the project area. The plant made bricks and other clay products- Tracks were laid LIP the Ccdar River valley bN the Columbia and Puget Sound Railroad (C&PS) in the late 19"' or carly 2.0"' ccanturN (USGS 1895; Sanborn Map Company 1904). The railroad continued operation on the tracks up the Cedar River Valley into the 20th century, although the ownership changed hands several times ([iuerge 1989. Metsker 1926, 1916). The Cedar River Recreation Trail - which crosses the project area on the terrace above the Cedar River. is on the historic railroad bed. In 1905 the Renton Clay Works plant became the Denny -Renton Clay and Coal Co. and was expanded to three times its original capacity. The 1909 Sanborn map describes brick kilns �N ith 40 R. high chimrne�s. With subsequent expansions the plant became the largest paving brick manufacturer in the world in 1917 (Slauson 1976). The plant was bought by Gladding McBcan and Company in 1927- which continued to produce bricks, clay sewer tile. and other products. In 1962 it merged vp ith International Pipe and Ceramics and continued operating into the late 20"' century. The 1936 Metsker map indicates that the project area may have been within the boundaries of the Gladding McBean and Co. property, but the buildings and structures of the clay plant, during its various phases, were all located southeast of the project area- 1 listoric maps suggest that the Cedar River has lapped up close to the railroad tracks in the vicinity ofthe project area. and meandered only slight[y fi-om its modern channel. 1 [owcvcr, because of - significant floods in 1907, NNhich flooded the I:ihis ofthe Denny -Renton Clav and Coal Co.. a wide and straight channel Novas dug through the city ofRenton in 1910 to reduce flooding problcrns (Slauson 1976), Field Methods and Results [ he ctaJtural resource sur-veV of the project area included a pedestrian surface survey ofthe proposed access road and- where possible, the perimeter of the Limit of'1Vork (Figure 2). Shovel probes .vere excavated along the access road at approximately 10 m intervals. Tile shovel probes were usually 30-35 cm in diameter. excavated in 20 ern levels and fill was screened through ''ti- in hard��arc cloth nncsln. Most of the project area was covered by thick vegetation, although between Norco Road and the Cedar River Recreation frail, the surface was a compacted gravel parking lot. The proposed access road slopes down a relatively gentle portion of the terrace slope;. and turns to the east.. with the east half foll000-ing the base of a nearly vertical bluff Face. The portion on the terrace slope is covered with a dense growth of grasses, weeds, 1 limalayan blackberries, srnall willowy _ and red alder trees. Along the base of the bluff the understory includes dense thickets of Himalayan blackberry and giant knotweed. Several large cottonwood trees grow along the river, while bigleaf rnapies grow along the top of the terrace bluff. Surface visibility was less than five Percent of tine ground surface in tine project area, although exposures of sandy surface soil were present along the river's edge and tinder the 1-405 bridge which was above the west edge of the J L�4,✓ 5#iovei Probr PERMIT SET SITE LAYOJ 1 fU4 TETRATECH 7ECH �� .�-.•� ._ .. `�.SesWe @ t CityotSeattle aueu�� cn�e c.ae-o,eao. CEDAR RIVER [car nay uurnas SOCKEYE BROC6 STOCK SITE Figure 2. Cedar River Brood Stock Site project plan map. modi(icd to Sho%N arch:reologirll surface survc,, transacts and shovel probe tocation,S, 5 protect area. No prehistoric cultural material was observed during the surface survey. but a light scatter of possibly historic mortared bricks. brick fragments_ and cement rubble was observed in the parking area parallel to Narco road spread over a distance approximately 130 feet long and 1.0 ]cct wide. No prehistoric or historic materials were observed on the surface on the heavily vegetated terrace slope or floodplain. Where it Nvas visible, the surface soil consisted primarily of loose sand. The proposed turnout leading down to the river cuts across a 1 to 2 meter berm which had numerous rounded river cobbles and gravels exposed on its north (river) side. Shove] probes 1. 2, and 3 vvere excavated on the terrace edge and slope. They exposed soil composed entirely of gravelly sandy silt fill material with many pieces of historic debris,. such as cement and brick fragments, and bits of coal. No natural soils or prehistoric cultural materials were encountered in probes 1, 2, or 3. Shovel probes 4. 5. 6. and 7 were located alorig the base of the terrace slope and bluff on the active floodplain. The sediments in these probes appeared to be recent and historic period sand. Recent and historic objects were observed in all four probes ranging from the surface to depths of 40 cm (Probe 6) to 80 cm (Probe 5). Thcy appeared to be objects buried in river sand, although some largc an�,ular rocks in Probe 6 suggest that some of the material was imparted fill. 1 he historic artifacts encountered included lass fragments. coal, bricks, and various metal objects. such as nails. wire.. a pipe. and a portion ol"a large machine part (possibly a trailer hitch). No prehistoric cultural material was observed in probes 4, 5, 6_ or 7. The sediment encountered to at least 80 cm appeared to be deposited during the historic and recent periods. Shovel Probe 8 was placed on top of the I berm parallel to the river edge. It exposed very gravelly coarse sand vv ith abundant rounded gravels and large cobbles indicating that the. berm is most like]y an old river bar deposit. No prehistoric or historic cultural materials vvere found in probe 8 All of the shovel probes exposed recent or historic fill or river- sediments. the probes on tic terrace slope indicate that this area was filled. possibly for support ofthc railroad grade that the Cedar River Recreational trail now occupies. The historic objects observed in the fill material generally appear to be insignificant pieces of'rubble and debris used to construct the slope. The probes on the floodplain at the base of the terrace bluffindicate that the Cedar ]liver has deposited at least 80 cm of sandy sediment from the historic period to the present. The historic objects encountered were generally insignificant pieces of debt -is. such as glass and nails. Other somewhat larger objects may also be buried it) the sediment, but no evidence of significant objects or site patterning was observed. Probe 8 was located on a remnant of a gravel river bar deposit and did not contain significant historic deposits. The large river cobbles present in the gravel bar deposits indicate it was deposited in a high-energy river environment and is not likely to contain undisturbed cultural material- No intact. stratified prehistoric sediments were observed in the shovel probes, and it appears that the Cedar River has eroded any deposits that may have previously existed in this location or buried them with more recent deposits that contain isolated objects and debris related to the railroad. clay, and coal ruining history of Renton. Tahle I. Shovel probe descriptions. Prof0 Depth Soil Description Conten[sl I' 4) 1 c (Carr) ( unrnlc`n1s Yrohc I 0-+4 Vc21 cmlpacL l%ct silt% sand tisith man+ subrnunded to angular gl'O cCk and 1-1 concrctc 1?,Icmcnls. 2 Mass s0111c 1OL111d cnhbkc np to [ I Cnl: slltier hoard surface and trades d(rnn ul ]ia wmenis. I ceranuc plpc i coarse Imccliam sand_ Terininaled because ol'brick. larx 171et<II fragment - llaemenL I brick. i cmioded {Iild Compacted Cobble', metal hugrrtcni. All material in ! 1)jrk hrovcu coarse sdndv 10mil: rnzm+ rounded pebbles to aohhles. probe is till_ Probe I ? lartx pieces and scti coal smaller pieces of cenlcnl rnhble. coal fid'nlrnl. 4 hoick Zia 3lllell tti I ,-70 Gray ish bromi coarse sand~ sift: ntann rounded pebbles to Inrec cobhle+: 2 large content tuhhlc pieces_ coal [leeks lltrougllour: blobs oi,li!zhl Ian sand tic ith c miwc oxidiitltiuli curd Sold slae: +titre ceramic sire; ks. fia`mment: glnss fra<`tmnr. _ ,II-X0 Light hroml silIN coarse sand: oramrc mottles: Inane ruundcd pcbhlcs to All matcritil in Probe 2 is fill. cohblc<: blobs clforanecrarac sandy Clay. II-20 Djrk brown sandy Ioanl: Iuuse. nxrisL sabrounded to sahanLular cohblcs and Prone Mangy coal frlgnunts. 2 gavels comrrlon, concrete fi'tr`-,nr•nls- ?h-39 113romi sand: moderately curnpacL many suhroundcd to rinlnded cohblcs and Metal „ire and metal chunk m pehhlcs: 2 cot thick Icnc of era+ medium Sand at M col: iXt)Ses of tan 70 con old material aibo c a:nlpact sandstone present Ihrnu ,hoof .Stratmlr. [ [it dense la}er cif cuhhlcs at cuhhlcs in Probe , is till. blw Probe -1 0-12 Brown srinrl rounded pehhlcs fu gray-eI common. (cNv cobbles: soft. loose. FC1N coal fragments. plastic trfw'mcnl 12-28 Brown sand: morn rumldrd pehhlcs to cuhhlcs: mixed Icnses ofNuMm ish FC%% coal 1ragnrnls rangy oebbl} sand 23-i$ I3romi sand: nlundcd pcbhlcs to cuhhlcs cumnum: slightk lirmcr, rrtorc Co"II fragments: Inr_tc steel compact. nlacllinc 01 railcar part (trdilcr hilch:'I cnlbcddcd i�t Mall {- ? S(ott +cllou6NII-hmun sand: fclN pchhlrs mid gralck large piece of Vcry Ictti coal iwLrll�nts dcculnpusill, tiruud, �'-80 _ Brown and reddish hru«r s;Ind mi,,ed: firm: Imll) Pcbblcs To cuhhlcs Coal sluff. ;III mutcriul is till. 1 hCCr CIII. 2 'N"'S. Plolbu 5 0-42 _ 131(mal sll(N wild: loose. 111()ISt: vcry te51 sllbroundcd pchbles mid cobbles III l nl 21 clrl'I lreg nlCntS --4 Fine crag sand: no rocks: lcyusc. nwi�l- 4�- Dark bro+lip 61IIC I(o Illcdlllnl SaIld: 1k)IS1 and %el-1 Ioose: 16% pc'hbICj slid 2 mllls. i 'IaSs frd'nlc'nts. 100 nlhhlcs full in i col). metal Hire. metal pipe picec. coal frattmcnm All nmlerial hisl(Iric till or allot fool. Probe b 0-1� I)<Irk hro+�n loamy sand: ruunded_pchhlc5 Io �ra+el conlnl.on C'Ical' <tl£us fragment 1 ; 2; 131-rnr11 Ot� sand N011 reddish hrowii streaks: pcbhlcs to common. Ico+ cobbles 2�-? VCI'+ ddrk hroml silty sand: ninny coal flecks: many large angular cohblcs = Mass fragments. I nail. I brick fra mcnl 3�-d0 Reddish bromn and light bru+lit compact sdtysand in mixed. irregular I nail- All moleriol nho+c 40 Icnses: man' romicird arlil altLular arav cls- CIn is fill. 441-52 Oli+c brml n mccliunl Sdnd: 1'en% p6hics to aravcls: soil \antral do osit 52-70 Olive brrnul sand: scr) many rounded graaol to 1,rg1-cobbles: imbricated JNatural N%Cl- cobble do (lsil Probc 7 0-1Q Dark hromi sand} loam: Ioosc. moist: very fcu subrounded pebbles and Metal .+'ire cuhhlcs 10 28 _ Grm /Imi brie sand: loose- moist: little 10 no rock content. 28-54 Sliong hromi silly sand: a>mpact, moist: many' uhrounded to rudndcd Charcoal. metal chunk ebhles and cuhhlcs 5;4-09 Gra+thrown mcdjum-fine timid` ``raVeL loose: vciS rlmnl Subl'Ifrllldl'd to Coid: hurt rocks. All imitcI it rounded peliblos 2md cohblcs. Is till or accept allu� ium. Pnlbc 8 0-1 4 Vcry dat'k bruwi sandy loran: many' rounded pehhlcs to cuhbIcs: luuts connrtun. 14-50 _ CirM rcl'r coarse sand «i1h vcr's nmm rounded,ravul to large cohblcs. - - - Fels small pieces of coil: riser Channel dClosils. Conclusions and Recommendations No prehistoric cultural material xvas observed in the survey of the Cedar River Brood Stock Site. A nurnber of historic objects N� ere observed on the surface and in shovel probes tht-oughout the project area. "these objects were generalh, insignificant ft'agments of metal, glass, coal. and brick and cement rubble_ Tile fill material that was observed on the terrace slope included bits of coal and slag. bricks, cement, and claw mixed in with local river cobbles, which suggeats that it is most likely debris from the neighboring brick and clay factory that was used to stabilize and protect the railroad grade from the erosive forces ofthe Cedar River. To the east ofthi.s .slope. the terrace has been eroded to a steep bluff face. The access road ends on the floodplain below this blunt: The lloodplain is primarily recent and historic period alluvial sand andgravel. Because of'thc evidence of historic period till on the terrace slope and active river deposition and erosion on the lloodplain. it is unlikely that construction of the road will cause disturbance to intact deposits containing significant prehistoric or historic cultural material. It is possible that isolated historic period objects related to railroad, mining, or brick -making will be encountered when the road is graded. No further archaeological work is recommended for this project. I fowever, construction NN�orkers should be aware of the possibility of uncovering previously unrecognized cultural material during construction activities. Potential cultural material could include concentrations of tire - modified rock, charcoal_ stained sediments. bone, and lithic artifacts such as flaked and groundstone tools or debris. It is more likely that isolated pieces of historic debris will be encountered. While isolated debris used as fill material is not considered significant. artifacts that appear to be part of a patterned concentration or structure may be considered signi licant. 11' anv significant cultural material is encountered. lvork should be suspended at that location and Ralph Naess should be inlbrmed so that an archaeologist can inspect the matcriaL REFERENCES Buer�le_ David M. 1989 Rcatton: Jf`hel-c the f3ater- Took y3hi (,. Windsor Publications. Chatters, James C. 1988 Tualdad Altu (45 KI 59): A 4"' Century Village on the Black River. King County. Washington. Report on file at Washington State Department of Archaeology and I iistoric Preservation, Olympia. 1981 Archaeology ofthe Sbabadid Site. 45 KI 5 I, King County, Washington. Office of Public Archaeology. >Jniyersity of Washington, Seattle, General Fund Office 1865 Township No. 23 North, Range No. 5 Fast, Willamette Meridian. Electronic DoCtnllf)nt. littp://www.blm.t;ov/or/landrecords/survcv�iyPlatVie�v l_2.pltp?path=PWA&name+t2 300,50c . Accessed May 7. 2008. 8 Hilbert. Vi. Jay Miller. and lalmai %ahir (editors) 2001 Pzigei S'ound C�c�o�rcrhlr��, Ori��irnrl R-IrerruScriPIftoru 1'. 1' %ahir Consulting Services_ Federal Way. Washington. Larson_ Lynn L. and Dennis F. LcN%arch 1990 Cultural Resource Assessment ol'Cedar River Watershed Sockeye Spawning Channell" ish I latcheJ'V� King County, Washington. LAAS technical report 1r90-4 Submitted to Seattle Water Department. Seattle, Washington. Metsker, Charles 1926 Alas ker'.s A lus ofKing C'owity, Wcrshim,ton. Metsker Map Co.. Seattle. 1936 ;UcIskei-'.s Arhus ofKing Cor aj,, ff`itshhil ton. Metsker Map Co., Seattle. VILIIlincaux_ Donal R. 1970 Geology of the Renton. Auburn_ and Black Diamond Quadrangles. King County. Washington, Geological Survey Professional Paper 672, pp. 1-92. Natural Resources Conservation Service 2006 Soil Survey ol' Kind-. CoL111ty Area. Washington. Web Soil Survey, National Cooperative Soil Survey. Flectronic dOCLlment lrttp://websoilsurvey.nres.trsda.govl app"'. Accessed May 5. 2008. Pacific Northwest Center J'Ot Geologic Mapping Studies 2006 Geologic Map of"King C�)unty Washin«ton. Derek Booth. ICath}Troost, Amon Wisher. compilers. Electronic document littp/',-eonlapmv.ess.s�'ash i n �-,ton.edu'services/p(ibl icationsi n►al)/dat,I/K i n g('o_com posi tom_ Accessed May 13, 2008. Sanborn Map Company 1904 Insrrw ace Alcrps o1'Renlon Sanborn Map Company. Ltd.. New York. Slauson, Morda 1976 Renoon: Ft'Om Coal to.Jei.s- Renton I listorical Society. Renton, Washington. USGS 1895 Renton. Washington 15' topographic quadrangle_ United States Geological Survcy. Appendix B City of Renton Tri-Park Master Plan Qx ZVI t 71� - Two 71 Cori so Q) ZN 14 El L cauuD LA Tri-Park Plaster Plan Update EXeCLttiVe Summary Background The Tri-Park Master Plan was initiated to prepare for and address the impacts to park lands and facilities by the Interstate 405 (1-405) improvements. The proposed highway project will have profound impacts on both sides of the current alignment, but the most significant impact will occur along the western clank. As a result, the existing BNSF railroad tracks will need to be realigned and Hnutier Way will be eliminated. The City and Washington State Department of Transportation (WSDOT) officials agreed to conduct a design charrette (workshop) which took place in July. 2005. The charrette team was comprised of each agency's staff members, and two consultants: a landscape architect/park designer and a hydro -geologist. These consultants were selected by the Renton staff. A copy ol' the charrette report is included in the Appendix. The charrette findings were presented to the Renton City Council and WSDOT officials and were enthusiastically approved by all parties. Master Plan Process In the fall of 2005, the City of Rcnton selected .IGM Landscape Architects, Inc. of' Bellevue. Washington to prepare the Tri-Park Master Plan. JGM had previously worked as the landscape architect and park planner at the charrette. A process to involve the community in the master planning process was created. A visioning workshop followed by a planning workshop and two (2) community open houses invited and involved the public in the planning process. The PW-k Board reviewed and commented on the master plan. as it developed. during three of their regular meetin-s. The Mayor and the Renton City Council members also reviewed the plan as it evolved. Presentation materials and a brief synopsis of each of these meetings CAn be found in the Appendix. The Master Plan The Tri-Park Master Plan unites Liberty Park, Cedar River Park and the Narco Site, an undeveloped tract of land, owned by the city, located on the south side of the Cedar River. immediately upstream of 1-405. This unification was made possible because of the I-405 modifications which created a "barrier free" environment linking Liberty and Cedar River Parks by trails under the new 1-405 and railroad bridges. The Narco Site will he linked to these parks by a new pedestrian bridge anti a pedestrian/vehicle bridge. Linkages to upstream trails.. parks and the. Maplewood Golf Course will be created through the Narco Site, via the Cedar River 'Frail. Facilities The Tri-Park Master Plan presents a wide range and balance of recreation facilities. The plan is to transition the active. close -quartered sports fields from Liberty Park to Cedar River Park and the Narco Site. This will improve safety. better accommodate user needs. reduce maintenance and improve sustainability. No vxistilifilcilin will be rernovetl until the .suitable replaces iew hu-s bees+ constrrrc-ted. Below is a brief description of each of the park's master plan components: Liberty Park: The ball fields will be relocated to another area and replaced with a passive meadow for informal activities. The tennis courts and basketball courts will be relocated within the existing park. The skate park will he relocated and. doubled in size along Bronson Way to enhance use and monitoring from the. street_ The Cedar River Trail will be realigned to eliminate conflicts between park and trail users. A new teen center will be located in the on -site buildin2 that formerly served as park offices. An additional restroom building is proposed. The total nurnber of parking spaces will be decreased to 100.. with increased paa'kin�g available in other parts of the park. The Renton Public Library is also planning a master plan update in the near future. Cedar River Park: The master plan depicts an expanded Cedar River Park. This expansion assumes the former Stoncway Concrete Site can be acquired by WSDOT as mitigation 1-or impacts to Renton's parklands (see Mitioation). As a part of this master plan expansion. the existing ball field (with overlapping ,soccer field) will be relocated. New improvements include: the Aquatic Center doubled in size; an additional gymnasium within the Community Center; an expanded lobby For the Carco Theatre; rcdevcloped outdoor meeting space along the river near the. Community Center: expanded parking: a new access road to SR 169: and three new synthetic turf ball fields with li-htingr, nearby restroorns and other support Facilities. A new park road and brid17e across the Cedar River to the Narco Site will be integrated into the. improvements. Pedestrian paths will connect all of the existing and new facilities and a new pedestrian bridge will connect with the Narco Site. Narco Site: This former brick manufacturing plant site presents a unique park and open space opportunity. Currently. the Cedar River Trail transverses its flat open meadow. Steep wooded hillsides define the southern mart=ins of the site. These hillsides arc classified as sensitive areas because of steep gradients, abandoned mine sites, slide hazards and wetlands. For these reasons, the master plan only proposes recreation development for the flat, open meadow and some grading on the "spoils" mound of rejected bricks, currently located between the trail and the river. The proposed improvements include four multi -purpose, lighted, synthetic turf, athletic fields; parking; passive meadows; a picnic shelter; picnic sites:. restrorns, a play area; realig>nment of the existing trail; and new pedestrian and vehicular access bridles. The Narco Site was purchased with assistance form King County Open Space Funds. One condition of that funding was that half of the passive, flat, open meadow space would remain passive.. The city has elected to use a substantial percentage of the land for active purposes. Therefore, the city will enter into negotiations with King County to purchase the right to develop and use the land for active uses. It Schedule The Interstate 405 Improvements Project schedule is only partially I'unded at this time. The funded portions ,schedules have been set and the work and associated mitigation is progressing. Unfortunately. the 1-405 improvements mostly impacting the Tri-Park project are unfunded and therefore. are only projections. The projected completion date for the 1-405 improvements directly impacting the Cedar River/Ti-i-Park is 2023.,.which is dependent on funding. Mitigation WSDOTT and the City of Renton have worked together to determine ways to rnaxirnize the transportation benefits and minimizc park impacts. The 2005 charrette was a part of the process to find mutually acceptable solutions. The Tri-Park Master Plan recognizes this process is still "in-rnotion" but also reflects assumptions that have been agreed upon "in concept" by both parties. It should be noted that the proposed acquisition of the Stoneway Site is such an assumption. WSDOT will be responsible for negotiating with Stone°ay's 0W11cr (s) to acquire the property. Other mitigation considerations include the new pedestrian and vehicular bridges over the Cedar River and development costs for relocation and/or replacement of recreation facilities. Utilities The Tri-Park site is located above an aquifer that supplies the City of Renton`s water. The master plan maintains access to and has been prepared in such a Manner that it protects this valuable resource. Costs An Opinion of Probable Construction Costs has been prepared. Because the mitigation discussions are on -going, costs attributed to each agencv have not heen determined. A copy of the overall cost opinion is included in the Appendix. r EXHIBIT B Cedar River Sockeye Ilatchery Broodstock Collection Operations Safety Plan Seattle Public Utilities will take the following measures to protect public and worker safety in operating its Cedar River Sockeye Hatchery Broodstock Collection facility at the Renton Community Center, Trail Users The recreational trail located on the south side of the access facilities will be impacted by broodstock collection facility operations, both during annual weir installation and removal activities, and during fish removal activities during annual fall oper-atio.ns. To minimize the impact of these operations on trail users, SPU will: 1. Minimize the amount of time the trail is blocked with vehicles and equipment 2_ Place traffic barriers, traffic cones, and sandwich -board type signs at either end of the access driveway, to warn trail users of operational activities 3. Provide an operations staff person at the intersection of the trail and access driveway whenever an SPU or WDFW vehicle is entering; or exiting the driveway onto Narco Road. 4. During the installation and removal ofthe staff trailer, place warning tape around trailer site. Park Area Users The Access Area will be located on the south bank of the Cedar River, across from Cedar River Park, which is accessible to the public and park employees. To minirrrizc the impact of its operations and the presence of its facilities within the Cedar River and adjacent areas SPU will: Provide resident staff on site 24 hours per day during sockeye broodstock collection operations 2. Train operations staff and make there available to monitor park user activities in the vicinity of SPL's facilities and interact with park users as appropriate to caution users of risks and answer questions. 3. Maintain the access driveway in a condition free of potholes and other hazards to pedestrians; repair erosion and undercutting of driveway as needed 4. Post `'no access" signs on weir and shoreline to discourage park users from walking onto weir 5_ Provide overhead lighting to illuminate area of weir and access road 6. Provide security light in access area per construction docurnents 7. Respond to vandalism and maintenance needs as reported by SPU and City of Renton staff S. Shut off and secure water and electrical utilities at the end of each broodstock collection season 9. Adhere to Five -Year Landscape Monitoring Plan, which is part of the Permit t 0. Maintain interpretive kiosk on site per the Easement Agreement t 1. Provide inibi-mational brochures to public at kiosk and upon request by the public and City of Renton employees Recreation River Users (Boaters, Tubers) The broodstock collection weir will span the width of the Cedar River during operations. SPU will take the following measures to minimize the risk of its weir operations on recreation river users such as boaters and tubers. 1. Provide resident staffon site 24 hours per day during broodstock collection operations ?. I rain operations staff and make them available to monitor park uscr activities in the vicinity of SPU's facilities and interact with park users as appropriate to caution users of risks and answer questions; and to direct river users to the safest locations for exiting and re-entering the river, and to assist river users to and from shore 3. Cover- the substrate rail during low -flow periods that correspond with increased river recreation 4. The SPU boat used to support operations will be secured on site during operational times that it will be needed; the boat will be located off -site when not needed 5. Locate warning signs upriver in highly visible locations to warn river users of weir location downstream; sign location to be agreed upon with City of Renton 7 September 4, 2008 E,:Zimmerman, Public Works Administrator Public Works Department 1055 Grady Way South Renton, Washington 98055 Dear Mr. Zimmerman: This letter is a follow-up to our telephone conversation on August 22, 2008. During that call we discussed the draft letter you sent me via c-mail retarding ways to deal with the proposed broodstock collection facility's impact on the City of Renton's (City) Hydraulic Project Approval (l IPA). "Thank you for the time you spent talking with me. I was pleased that we reached agreement on an approach to deal with sorne longstanding issues. I promised to provide this letter, which captures our agreement and will be used by the City to satisfy its remaining permit requirements related to the construction and operation of the Seattle: Public t.Jtilities' Cedar River broodstock collection facility. I appreciate the City's flexibility in exploring options for resolving this matter. Ultimately, You and I agreed that the various proposals for accounting for fish, including fish numbers, broodstock credits, etc. was getting overly complicated and may not result in providing the certainty we were both seeking,. We agreed that language in the HPA would be modified to require that the mitigation channel be maintained to perlbrni at design specifications as described in the approved plans, "Cedar River Mitigation," dated March 3, 2000. Our specific agreement includes the following: • The City's spawning channel will be maintained to meet the: design and performance standards originally established for its construction. City and Washington Department of Fish and Wildlife (WDFW) staff will develop language that captures this intent and that new language will be used in subsequent I IPAs for rnaintenanec dredging. • The City and WDFW agree to develop an annual monitoring prograrn intended to determine if the spawning channel is performing as designed_ This monitoring could include presence of fish, flow, or other parameters that are mutually agreed to, but the emphasis will be on developing a program that can be easily accomplished with minimal cost. Gregg Zimmerman, Public Works Administrator Public Works Department September 4, 2008 Page 2 The City and WDFW agree to meet anjivally to cooperatively perform the monitoring and the City agrees to implement the recommendations for maintenance of the spawning channel (if any) that result from that effort. The City and WDYW agree to develop the details for the iterns listed above by January 31, 2009, the results of which will be rnemorialiMl in an MOU or other mutually agrees[ to instrument. a The language developed and included in the MOU (or like instrument) will be used by WDFW for fixture maintenance dredging HPAs issued to the City. 'Cho City agrees to accept this letter as a commitment by WDFW and that it satisfies the City's permit conditions related to this matter. Thank you for your willingness to work through these issues with us. I ant confident that we have a good, workable; agreement that will help ensure that a strong, viable fish population continues to exist in the Cedar Riv€,r. We look forward to working with the City to finalize the details of this agreement. I look Corward to discussing this furilier and can be reached at 425- 775-1311, ext. 1 18. S' crely, 3ola l.ivr�i'itt Regional Director Enclosure cc: Ron Straka, City of Menton (via e-mail) Bruce Bachen, City of Seattle (via c-mail) Isabel Tinoco, Muckleshoot Tribe (via e-mail) David Brock, WDFW (via e-mail) Y CITY F RENTON _Denis Law, Mayor April 7, 2009 Charles Madden Seattle Public Utilities PO Box 34018 Seattle, WA 98124 Department of Community and Economic Development Alex Pictseh, Administrator SUBJECT: SPU Broodstock Facility, Cedar River Access Facility LUA08-018, SA-H, V-H, SM, CU-H. Cedar River Mitigation Dear Mr. Madden: It is our understanding that the approved "Cedar River Buffer Impacts and Mitigation" planting plan will be implemented after the access driveway construction has been completed, beginning in July finishing in September or October of 2009. After installation of the mitigation, please have your contracted biologist submit a letter verifying that the mitigation installation complies with the approved "Cedar River Buffer Impacts and Mitigation" planting plan. If any portion of the installed mitigation is different then the approved plan, please have your biologist submit an "as built" plan set with the compliance letter and a biological justification for the changes to the approved plan. The date the City receives written confirmation from the contracted biologist the 5-year maintenance and monitoring period will begin. Based on the approved "Cedar River Buffer Impacts and Mitigation" plan, a first year report shall be submitted to the City for review between July 1 and September 15 of the first year following the commencement of the monitoring period. If you have any questions, please contact me at (425) 430-7314. Sincerely, --rww,u—Dolbies� Vanessa Dolbee Associate Planner cc: WSDOT / Owner(s) David Kwolek / Party(ies) of Record c- 1055 South Grady Way - Renton, Washington 98057 R E LV T O N A][iiAD Or THE CURVE This paper contains 50 % recycled rrnatenal, 30% post consumer SPU Broodstock Facility Conditions of Development (Summary) LUA08-018, SA-H, V-H, SM Project Condition Source of When Compliance Party Notes Condition is Required Responsible Haul hours are limited from 8:30 Code During Project Applicant/ am to 3:30 pm Monday through Construction Contractor/ Friday Builder Within 30 days of completion of Code During Project Applicant/ grading work the applicant shall Construction Contractor/ hydroseed or plant appropriate vegetation. Builder Construction hours are from 7:00 Code During Project Applicant/ am to 8:00 pm Monday through Construction Contractor/ Friday and 9:00 am to 8:00 pm on Saturday and no work is allowed Builder on Sundays. The applicants shall Site Plan Prior to the 2009 Applicant successfully complete a operation of the memorandum of agreement broodstock (MOA) between SPU and the facility. City of Renton for the management and use of City property. The MOA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to the 2009 operation of the broodstock facility. Site Construction (anticipated Site Plan During Project Applicant/ Dates not yet to be approximately two Construction Contractor/ established for months) shall not interfere or Builder 2009 hinder City sponsored public events planed along the subject portion of the Cedar River Trail, including but not limited to Renton River Days and the Candy Cane Fun Run. SPU Broodstoek Facility Conditions of Development (Summary) LUA08-018, SA-H, V-H, SM If the construction of the Site Plan During Project Applicant access road causes slope Construction instability or erosion. The applicant shall provide a slope enhancement and restoration plan approved by the City of Renton Department of Community & Economic Development, Planning Division project manager. A maintenance and monitoring plan for the approved enhancement and restoration plan would also be required. The applicants shall be Site Plan Throughout the life Applicant This shall be required to adhere to the of the project coordinated with provided Cedar River Access Leslie Betlach and Facility Management Plan, the RCU dated July 30, 2008. This Conditional Use Site Plan Throughout the life Applicant The 5 year approval Approval is valid for a period of the project will expire on of five years. Prior to August 21, 2013 expiration the applicant shall provide the city with a written request for the subject Conditional Use Permit to be reviewed by the decision maker to determined if changes are warranted and/or if the agreement can be extended an additional five ears. Prior to operation of the Site Plan Prior to 2008 Applicant Completed broodstock facility an broodstock operation agreement between the Washington State Department of Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the concerns of SPU's proposed broodstock facility on the City's ability to meet the requirements of the Hydraulic Permit Approval 4G1503-1 (Cedar River Section 205 Flood Hazard Reductionproject). SPU Broodstock Facility Conditions of Development (Summary) LUA08-018, SA-H, V-H, SM The applicant shall be Site Plan Prior to the 2009 Applicant required to provide a safety operation of the management plan to be broodstock reviewed for approval by the facility. City of Renton's Human Resources/Risk Management department prior to the 2009 operation of the broodstock facili . Applicant shall be responsible Site Plan Throughout the Applicant for the maintenance and/or life of the project replacement of all proposed public outreach information signs and kiosk. Applicant shall successfully Site Plan Prior to the 2009 Applicant obtain an access easement operation of the from the City of Renton prior broodstock to operation of the broodstock facility. facility. If any Native American Site Plan During Project Applicant/ grave(s) or Construction Contractor/ archaeological/cultural Builder resources (Indian artifacts) are found all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation. The applicant shall be Site Plan During Invasive Applicant required to comply with the weed removal recommendations and five- and re -vegetation year maintenance and and 5 years there monitoring plan as proposed after. by Tetra Tech and the Watershed Company pages Ll-L5 of the provide permit set. The applicant shall design the Site Plan Throughout the Applicant trailer pads to provide life of the project containment adequate to control accidental spills of sewerage or other materials found in the trailers. CITY OF RENTON N"VC Denis Law, Mayor December 10, 2008 Jim Hanson Hason Consulting 17446 Mallard Cove Lane Mt. Vernon, WA 98274 ~tment of Community and Economic Development Alex. Pietsch, Administrator Subject: Approval of Final Mitigation Plan/Proposed Maintenance & Monitoring Remaining Steps for Proceeding with Taylor LLA Monitoring Project Dear Mr_ I Janson: Mitigation Plan Approval: We have reviewed and approved the final revised wetland mitigation plan/monitoring proposal for Taylor LLA dated 8/29/08 and received by the City on 9/4,108. The mitigation project shall be installed in conformance with the approved plan prior to the final inspection of foundation for building permit CP08124. ;!-litigation Installation and Approval: Once the stream buffer mitigation has been installed (plants, signage, fencing, etc.) pursuant to the approver] plan, please have your wetlands specialist provide me with written verification that the installation is in conformance with the approved plan. The date the City receives this written confirmation will constitute the beginning of the minimum 5-year maintenance and monitoring period. As Built Plans for the Mitigation Area: A copy of the as -built plans of the approved mitigation plan, prior to the final inspection of foundation for building permit CP08124, shall be provided. Monitoring and Maintenance Surety Amount: In order to provide you with the amount of security necessary for the maintenance and monitoring of the stream buffer mitigation plantings, signage, and fencing, we will need a copy of the signed maintenance and monitoring contract for this work. A draft (followed by a final) maintenance and monitoring contract (or contracts) for our review prior to execution of the contract shall be provided. The draft contract language must ensure compliance with all performance standards of the approved Altmann Oliver Associates, LLC mitigation plan as well the maintenance and monitoring standards of the Renton Municipal Code. The scope of the contract must clearly cover the cost of plant maintenance and rQplacement as well. The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan. The contract must include quarterly monitoring reports for the first year and annual reports thereafter. The dram contract must be followed up with a final signed contract once the City approves the draft version. Once the City approves the contract proposal, the applicant will need to provide a maintenance surety device (a letter of' credit or irrevocable set aside letter) set at an amount totaling 125%F of the cost to guarantee satisfactory performance for a minimum of five years. 1055 South Grady Way - Renton, Washington 98057 (D This paper contains 5044� mrydod material, 30° peg tconsumer RENTON AH FAT) 01- 'fH F. CURVE LUA08 -0/0 • Wetland Information Needed on Final Plat Map: RMC Section 4-3-050G3 requires that all critical areas and their buffers be placed in either a Native Growth Protection Tract or Native Growth Protection Easement. Please send all revised wetland -related information/plans to my attention. Feel free to contact me at 425-430-7219 if you have any questions regarding this letter. Sincerely, Rocale Timmons Associate Planner cc: Simone Oliver, Altman Oliver Associates, LLC Jennifer Henning, Planning Manager LUA08-016 .;C,I-01z AT At, W�F Y' H1 IAf,4 tyU STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 16018 Milt Crook Bou)evard • Mill Creek, Washir7gto17 98012 - (425) 775.7311 FAX (425) 336-1066 September 4, 2008 Gregg Zimmerman, Public Works Administrator Public Works Department 1055 Grady Way South Renton, Washington 98055 Dear Mr. Zimmerman - This letter is a follow-up to our telephone conversation on August 22, 2008. During that call we discussed the draft letter you sent me via e-mail regarding ways to deal with the proposed broodstock collection facility's impact on the City of Renton's (City) Hydraulic Project Approval (HPA). Thank you for the time you spent talking with me. I was pleased that we reached agreement on an approach to deal with some longstanding issues. I promised to provide this letter, which captures our agreement and will be used by the City to satisfy its remaining permit requirements related to the construction and operation of the Seattle Public Utilities' Cedar River broodstock collection facility. 1 appreciate the City's flexibility in exploring options for resolving this matter. Ultimately, you and I agreed that the various proposals for accounting for fish, including fish numbers, broodstock credits, etc. was getting overly complicated and may not result in providing the certainty we were both seeking. We agreed that language in the HPA would be modified to require that the mitigation channel be maintained to perform at design specifications as described in the approved plans, "Cedar River Mitigation," dated March 3, 2000. Our specific agreement includes the following: • The City's spawning channel will be maintained to meet the design and performance standards originally established for its construction. City and Washington Department of Fish and Wildlife (WDFW) staff will develop language that captures this intent and that new language will be used in subsequent HPAs for maintenance dredging. • The City and WDFW agree to develop an annual monitoring program intended to determine if the spawning channel is performing as designed. This monitoring could include presence of fish, flow, or other parameters that are mutually agreed to, but the emphasis will be on developing a program that can be easily accomplished with minimal cost. Gregg Zimmerman, Public Works Administrator Public Works Department September 4, 2008 Page 2 • The City and WDFW agree to meet annually to cooperatively perform the monitoring and the City agrees to implement the recommendations for maintenance of the spawning channel (if any) that result from that effort. • The City and WDFW agree to develop the details for the items listed above by January 31, 2009, the results of which will be memorialized in an MOU or other mutually agreed to instrument. • The language developed and included in the MOU (or like instrument) will be used by WDFW for future maintenance dredging HPAs issued to the City. + The City agrees to accept this letter as a. commitment by WDFW and that it satisfies the City's permit conditions related to this matter. Thank you for your willingness to work through these issues with us. I am confident that we have a good, workable agreement that will help ensure that a strong, viable fish population continues to exist in the Cedar River. We look forward to working with the City to finalize the details of this agreement. I look forward to discussing this further and can be reached at 425- 775-1311, ext. 11 & rS' erely, elob Ev ritt Regional Director Enclosure cc: Ron Straka, City of Renton (via email) Bruce Bachen, City of Seattle (via e-mail) Isabel Tinoco, Muckleshoot Tribe (via e-mail) David Brock, WDFW (via e-mail) AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON S5. County of Ding Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 21" day of August 2008, afflant deposited via the United States Mail 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. Signature: 2 _ SUBSCRIBED AND SWORN to before me this day of 72008, 11 �b rKW `�_I%yJl fli R�A` �� N ' ry Public in for the State of Washington siding at ��� _ ,therein. A�o= Application, PetitM % ash o.: SPU Broodstock Facility/Cedar River Access Facility LUA 08-018, SA-H, CU-A, V-H, SM The Decision or Recommendation contains a complete list of the Parties of Record. HEARING EXAMINER'S REPORT 91 E4 - 08 T23N R5E W 1/2 e CA CA IL IH R•9D�� 1 1 c_ 1 IN 4tE-� h St R- R - R- CA '1 , 1 CA CA 14 14 10 10 CA .. - R-10 ..... :.. ..... CA N M.ran 9t R.-9 R-8 R_-8 Cry R-8 R-& R-6 R 8 R 8 CA CN £ RE V N31d St z Z Z $ a c R•8 m R-8 R-B CN CN c o CA $ R;e NBTooMs 61 11 R-8 R.8 9-0 R- R-8 R4 $ - . .. ... a..__,.. N 2rd St __,.....,. ...... M2W A -1 .. -1 .. 14 R-8 R-8 _ CA.. CA L�j L M•U 10 CA .. RM-U CA�� �6A+St 5 Trbir: 51 "' r� co x�4 rr`A. yCA s1 i CAP11 ? F#fU CD cD eo.... cD 6 2nd S! _s CD CD ;� .... m CD CD CD CD s CD CD CD CD CD t+" CD < ! co CD . co C4 CO CD CD - CD S Ah 5: 5 4th of CD CD CD CP CD - CD R- R-8 RM RM- L RM- RM RM RM 10.. T T' U U U D ssms: ssu+st Rm- - ... RM- T R-8 T R•14 c ' RPA •. r 56hS RM U /Djn rn s R-10 R CA G4 - 20 T23N R5E W 1/2 Y ZONING 0 0 zoo 400 +�"�► t+ Feel ��. Jf 1'�F' 1'EC:Hh'i('AI.SFRVICES � 1'4,BD0 �d' R^•rA F 6 4 N g� ,� coR a z yy F� F� ?C R-81 I R-B..- 17 T23N R5E W 1/2 9317 C4 m X W SkatR Rx �� z �6adar River 9 ji"�yr `�� 1 EXHIBIT 27 �, i LIRFRTY P) RK `� 7' CFDAR N€V F.R PEAR NARCO S€TCA � MA a w .°. .,Crr"yC?F1CJ 1iYi a w =VUIE21,r 1117 Figure S-1 Location Map Seattle Public Utilities d _ Proposed Cedar River King_ Sockeye Hatchery @eileuve Courf#y mamrsh . Sound -��ar River. zT�e B. Y Ff 5, aalley.: Lake Slack F,id .x. � JIM �. ham. P if 518 C©dnrf7;v rx, Alternative Broodstock ' . Collection Proposed and -. Alt6rh tive Sites } Hatch'ery a Sites e 516 !g"p 1$ � ;. rAfl�le. 1fi9 s. 516 z EXHIBIT 31 Vc mE STAxEs, 3 LONG D WEN INTO STAFAM PED - WELDED EYELETS FOR 3 Q, X f" E+F BOLT 1'rELL]E0 TD AfVGLE 'IT 4 � SU96TMiF PAIL ti<'6LDEP TO Al >.a�l'..,- ... , _ .. 1 :,IH, - SUBSTRATE RAIL SECTION (Permanent i1u411�tion) r5 REMOVA3LE 20' LONG FTQAIING WEIR WGKET PANELS GROiA4Fr — TENSiONEO CABLE WEIR INGH WATER ATTFCHMEFfI REV-31 0 (LBW WATER ELEV_39.0i) GRAVE( RA PLACO AT UPPER EDGE OF RAIL —Fi nw Si1R9TRATE RAZE EVEN WTfN RE EVEN 2WTH70 SiREA4 RGTTOIt (SEE 5EC,ION A? LONGITUDIINAL STREAM fgy TETRA TECH it112p F',M AWry/�, S BOO s"ft. W.YhIPO�G BB,U, 20&49143 a F—AM3,061 PERMIT SET I COLORED DISPLAY MAP 1 SITE PLAN 1 APPROVED FOR AOVERASWG a .,..,,, ,,...� M' AND DAB +�• City of Beattie K c1ooaa2 RE�+ETN J. NAKATS "` wnm �° y CEDAR RIVER IXYARTLLENT 6 EXEC[II11E ADY�x4TRATlp+ � Ym� Publ1C h 14,6i ACCESS FACILITY 778-237 I of I EXHIBIT 24 z --1 0 C) (n o m 0 z z 4 0 '07 ZC) Inflated Pontoon 1" PVC / Rubber Panel Connectors Seine Mesh `RIVERBED I' Operating Position (Cross section. Structure spans river,) Chi I �f Deflated Pontoon RIVERBED Lowered Position (Cross section. Structure spans river.) AktgN Caps for Approx. 11'Pvc Rrni-- — Mesh Front View Chain Steel Tube hoops Driven into Substrate for Anchoring Figure 1-17 Temporary Weir Alternative Seattle Public Utilities Proposed Cedar River Sockeye Hatchery 1=Yu1RIT 'Ir-. WT Ai Ax, JU x + �� ` `� ��� F'�,"� +-4� k.,i;r ``'�,�� e��r-�••- 'yam. '-'N •r •Frf •2_ •.'Gf• 'L.4'�"yy &�. .r6. Imo',' '+.iW l C.- ti, r fo -tC -- :�. �°x. �• �. f.:; -T7� �CS�'FJ+H'Sri 1 i'`r � ''r � `.,s ! µ �r • � :>< j r =� }, � ;mow d rir,^ •. �r :WrA� C Si r - s' 4 _ k { i 31 if f F ! L !f /�•i IjA -.ttF } 's° } .,? �� +2;7 � F��}r• Y ��` 'Y��� � of k � � K' .. 7 , sF i - . �� � �' • � }' is r 1 1 k. ER jX+Yy Sjr4I ;s,� $ 2m+z,YJgFpwFss se�jr ti i 51j�jj r s 1 ` -p'+A�Wl ti o t C hTr Associates, LLB AOA _-- ~• Date j 3 August 29, 2008 Joe Pruss Basic Ventures 18211 — 240`h Ave. SE Maple Valley, WA 98038 I.,n i 4,1-1, 4)11,I I.attcl�c�llx° Avcliitcc tilt c I'A[fLQc�E•�•7 SUBJECT: Wetland Buffer Enhancement for Taylor Court, Renton, WA Dear Joe: The purpose of this report is to document the enhancement measures that will be implemented to mitigate for the wetland buffer reduction on the Taylor Court project site. The existing buffer area is dominated by Himalayan blackberry (Rubus discolor), an invasive non-native species. Under the project, 1,552 s.f_ of the degraded wetland buffer would be reduced. In no case would the standard 50-foot buffer be reduced more than 25% or be below 37.5 feet. Mitigation for the buffer reduction would occur through the enhancement of 3,495 s.f. of the remaining degraded buffer on the site. Buffer enhancement would consist of removing the blackberry and re -planting the buffer with a variety of native trees and shrubs (Drawings W1.1 and W2.1). Implementation of the buffer enhancement plan should increase the plant species and structural diversity within the buffer, thereby increasing the area's value to wildlife. Goal, Objectives, and Performance Standards for Enhancement Area The primary goal of the enhancement plan is to increase the value of the buffer over current conditions. To meet this goal, the following objectives and performance standards have been incorporated into the design of the plan: Obiective A: Increase the structural and plant species diversity within the enhancement area. Performance Standard- Following every monitoring event for a period of at least five years, the enhancement area will contain at least 10 native plant species. In addition, there will be 100% survival of all woody planted species throughout the enhancement area at the end of the first year of planting. Following Year 1, success will be based on an 80% survival rate or areal cover of planted or recolonized native species of 15% at construction approval, 20% after Year 1, 30% after Year 2, 40% after Year 3, 50% after Year 4 and 60% after Year 5. Joe Pruss August 29, 2008 Page 2 Objective B: Limit the amount of invasive and exotic species within the enhancement area. Performance Standard: After construction and following every monitoring event for a period of at least five years, exotic and invasive plant species will be maintained at levels below 10% total cover in all planted areas. These species include, but are not limited to, Himalayan and evergreen blackberry, reed canarygrass, morning glory, Japanese knotweed, English ivy, thistle, and creeping nightshade. Construction Management Prior to commencement of any work in the enhancement area, the clearing limits will be staked and any existing vegetation to be saved will be clearly marked. A pre - construction meeting will be held at the site to review and discuss all aspects of the project with the landscape contractor and the owner. A consultant will supervise plan implementation during construction to ensure that objectives and specifications of the enhancement plan are met. Any necessary significant modifications to the design that occur as a result of unforeseen site conditions will be jointly approved by the City of Renton and the consultant prior to their implementation. Monitoring Methodology The monitoring program will be conducted for a period of five years, with quarterly reports during the first year and annual reports for Years 2 through 5. Vegetation sampling plots will be prepared and a record will be kept of all plant species found. Vegetation will be recorded on the basis of relative percent cover of the dominant species within the vegetative strata. Photo -points will be established from which photographs will be taken throughout the monitoring period. These photographs will document general appearance and progress in plant community establishment in the enhancement area. Review of the photos over time will provide a visual representation of success of the enhancement plan. Maintenance Plan Maintenance will be conducted on a routine, year round basis. Additional maintenance needs will be identified and addressed following periodic maintenance reviews. Contingency measures and remedial action on the site shall be implemented on an as - needed basis at the direction of the consultant or the owner. Weed Control Routine removal and control of non-native and other invasive plants (e.g., Himalayan and evergreen blackberry, Scot's broom, reed canarygrass, Japanese knotweed, English ivy, morning glory, thistle, clematis, and creeping nightshade) shall be performed by manual means whenever possible. Chemical means will only be used if necessary. Undesirable and weedy exotic plant species shall be maintained at Joe Pruss August 29, 2008 Page 3 levels below 10% total cover within any given stratum at any time during the five- year monitoring period. The following outlines treatment for specific species. Himalayan and Evergreen Blackberry Control Small patches (areas <3' x 3') need to be grubbed out, large areas (>3' x 3') need to be cut down. New shoots (approx. 6" in height) which reappear should be spot - sprayed with herbicide only if necessary and under the supervision of a consultant. General Maintenance Items Routine maintenance of planted trees shall be performed. Measures include resetting plants to proper grades and upright positions. Tall grasses and other competitive weeds shall be weeded at the base of plants to prevent engulfment. Weed control should be performed by; hand removal, installation of weed barrier cloth with mulch rings, or selective weed -whacking- If weed -whacking is performed great care shall be taken to prevent damage to desired native species either planted or re -colonized. Woody plants shall only be pruned at the direction of the consultant or to remove pest infestations. Contingency Plan All dead plants will be replaced with the same species or an approved substitute species that meets the goal of the enhancement plan. Plant material shall meet the same specifications as originally -installed material. Replanting will not occur until after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Replanting shall be completed under the direction of the consultant, City of Renton, or the owner. As -Built Plan Following completion of construction activities, an as -built plan for the enhancement area will be provided to the City of Renton. The plan will identify and describe any changes in relation to the original approved plan. If you have any questions please call me at (425) 333-4535. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC John Altmann Ecologist STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on August 2, 2008. The full amount of the fee charged for said foregoing publication is the sum ,gf $92.40. i �' �nda M. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 5th day of August, 2008. at y Dals ary Publi r the State of Washington, Residing in Covington, Washington P. O. Number: NOTICE OF PUBLIC HEARING RENTON HEARING EXAMINER RENTON, WASHINGTON A public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Ilall, 1055 South Grady Way, Renton, Washington, on August 12, 2008 at 9:00 a.m. to consider the following petitions: SPU Broodstock Facility - Cedar River Access Facility LUA08-018, SA-H, V-H, SM, ECF Location: South bank of Cedar River immediately upstream of the 1-405 bridge. An Application by Scattle Public Utilities (SPU) for a Hearing, Examiner Site Plan Review, a Hearing Examiner Variance, Hearing Examiner Conditional Use Permit and a Shoreline Suhstanlial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River to be operated from mid - Sep. to mid -Dec. All structures would be removed when the collection site isn't in use. The facility would be located at river mile 1.7, upstream of the I-405 crossing. Legal descriptions of the files noted above are on file in the City Clerk's Office, Seventh Floor, City Hall, Renton. All interested persons are invited to be present at the Public Hearing to express their opinions. Questions should he directed to the Hearing Examiner at 425-430-6515. Published in the Renton Reporter on August 2, 200S. #102068. ``rrr��\111Stlll •� •( DAt I'it, ��pT4Rj.A#pf�� i = N ( '°b ��z p A ��I J ,/11I OP W P S\A . # a STATE OF WASH INGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 August 26, 2008 Charles Madden Seattle Public Utilities P4 Box 34018 Seattle, WA 98124 Dear Mr. Madden: I certify that I mailed a copy of this document to the persons and addresses listed herein, postage prepaid, i a reF ptacle for United States mail in 1 Washington, o5 J% 1 -7 Signature C L�4 Subject: City of Renton Permit # LUA-08-018 — Approved Seattle Public Utilities - Applicant Shoreline Substantial Development Permit # 2008-NW-10058 Purpose: Notification of Receipt of Approved Substantial Development Permit (SDP) On August 20, 2008, the Department of Ecology received notice that the City of Renton approved your application for an SDP. Your permit is for the construction of a temporary salmon broodstock collection facility within shoreline jurisdiction of the Cedar River. By law, local governments must review all SDPs for compliance with the following: • The Shoreline Management Act (Chapter 90.58 RCW) • Ecology's Substantial Development Permit approval criteria (Chapter 173-27--150 WAC) The City of Renton Local Shoreline Master Program. Local governments, after reviewing the SDP for compliance, are required to submit the SDPs to Ecology for filing. Your approved SDP has been received and filed by Ecology. What Happens Next? Before you begin activities authorized by this permit, the law requires you to wait at least 21 days from the date we received the decision letter from the City of Renton on August 20, 2008. This waiting period allows anyone who (including you) disagrees with any aspect of this permit, to appeal the decision to the state Shorelines Hearings Board. You must wait for the conclusion of an appeal before you can begin the activities authorized by this permit. --C- P-1„ i+1 .01 Seattle Public Utilities August 26, 2008 Page 2 of 2 If no appeal is submitted you may begin activities any time after September 10, 2008. The Shorelines Hearings Board will notify you by letter if they receive an appeal. We recommend, however, you contact the Shorelines Hearings Board before you begin permit activities to ensure no appeal has been received. They can be reached at (360) 459-6327 or http.://www.eho.wa.gov/Boards/SHB.asl2. If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the Shorelines Hearings Board website above. They are also posted on the website of the Washington State Legislature at: http://apl)s.leg.wa. ovg /wac. Other federal, state and local permits may be required in addition to this shoreline permit. If you have any questions about this letter, please contact Joe Burcar at (425) 649-7145. Sincere , Joe urcar, Shorelands Specialist Sh relands and Environmental Assistance Program JB:cja cc: Vanessa Dolbee, City of Renton Y o CIT' OF RENTON + Department of Community and .,a �Economic Development Denis Law, Mayor Alex Pietsch, Administrator August 18, 2008 State Department of Ecology Northwest Regional Office 3190 160th Ave. SE Bellevue, WA 98008-5452 SUBJECT: Shoreline Management Substantial Development Permit SPUBroodstoek Facility File No. LUA08-018, SA H, V H, CU-H, SM Dear Sir or Madam: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on August 18, 2008, A SEPA Determination of Significance was issued by Seattle Public Utilities. A Final Environmental Impact Statement (FEIS) was issued on March 20, 2003 and a Supplemental Environmental Impact Statement (SEIS) was issued July 2005. Broodstockcollection sites and weir designs were included within the FEIS. The adequacy of the FEIS and SEIS were appealed on five different occasions. As of .Tune 2, 2008 the Washington State Supreme Court upheld the SEPA and HIS documents, as such, the SEPA/EIS documents were deemed complete on March 20, 2003. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and contact me at (425) 430-7314 if you have any questions or need additional information, Sincerely, Vanessa Doibee Associate Planner Enclosures: Administrative Decision Copy of Master Application Project Narrative Neighborhood Detail Map Notice of Application cc: Attorney General's office Contact/Applicant — Charles Madden, SPU dwner -- Washington State Department of Transportation Party of Record — David Kwolek C. E. Vincent, Planning Director Jennifer Henning, Planning Manager File 1055 South Grady Way - Renton, Washington 98057 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THi CURVE CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO.: DATE RECEIVED: DATE OF PUBLIC NOTICE: DATE APPROVED: TYPE OF ACTION(S): LUA-08-018, SA-H, V-H, CU-H, SM March 3, 2008 March 14, 2008 August 18, 2008 [ X ] Substantial Development Permit [ ] Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted a permit. This action was taken on the following application: APPLICANT: Seattle Public Utilities P.0_ Box 34018 Seattle, WA 98124 PROJECT: DEVELOPMENT DESCRIPTION: _00114CU RENCE OATS NAME INITIAUDATE Cedar River Broodstock Collection Facility The application has submitted an application for a Hearing Examiner Site Plan Review, a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The applicant has also applied for a Hearing Examiner Variance from RMC 4-4-130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid - September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 17, upstream of the 1-405 crossing. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. The location and design of the broodstock collection facility are important to meeting the biological goals of the hatchery at Landsburg. Considerable work has been conducted to develop technical protocols and designs that reduce the risk of unintended adverse effects on naturally spawning salmon CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO.: DATE RECEIVED: DATE OF PUBLIC NOTICE: DATE APPROVED: TYPE OF ACTION(S): LUA-08-018, SA-H, V-H, CU-H, SM March 3, 2008 March 14, 2008 August 18, 2008 [ X ] Substantial Development Permit [ ] Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted a permit. This action was taken on the following application: APPLICANT: Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 PROJECT: Cedar River Broodstock Collection Facility DEVELOPMENT DESCRIPTION: The application has submitted an application for a Hearing Examiner Site Plan Review, a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The applicant has also applied for a Hearing Examiner Variance from RMC 4-4-130D2,a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid - September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. The location and design of the broodstock collection facility are important to meeting the biological goals of the hatchery at Landsburg. Considerable work has been conducted to develop technical protocols and designs that reduce the risk of unintended adverse effects on naturally spawning salmon DEVELOPMENT DESCRIPTION Populations while allowing the project to contribute to larger CONTINUED: sockeye returns and improved fishing opportunities. The location at 1-405 was carefully chosen after technical studies and environmental review indicated this site was the best location. In addition, the subject location is surrounded by park land including, The Cedar River Trail, Cedar River Park, Narco Park, and the Renton Community Center; a land use that is compatible with broodstock collection. This project includes the following components: 1 } The weir is a flexible picket structure that would span the width of the Cedar River. The pickets and spacers are made of plastic and are built in 3-foot by 20-foot panel sections. The bottom of these panels are secured to the river bed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets; that are connected to a metal base. The metal base is secured to the bottom of the river with pins and small cables to duckbill anchors upstream. One 3-foot by 20-foot panel section would be fitted with a skiff gate, which would allow the passage of non -motorized boaters or recreational river users. The metal plate would be left in place from year to year but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. 2) One trap would be used to intercept sockeye. This trap would be made of aluminum pickets and be approximately 6 feet by 12 feet in size. It would be moved as river conditions change during the fall, starting out in the deeper area of the river and . ending up closer to shore as flows increase. The trap would have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and Coho would pass the collection site. The hatchery would need to trap up to 20,000 sockeye, depending on run size, broodstock collection would be less then 50% of the sockeye run. Specific protocols for passing Chinook would be in place for avoiding delay or causing redistribution of spawning sites. 3) A safety cable would span the river and be installed to provide employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This would also be removed at the end of the sockeye collection operations in December. LEGAL DESCRIPTION: See Exhibit 1, WSDOT, Exhibit 2, City of Renton SEC-TINNP-R: Section 17, Township 23N, Range 5E WITHIN SHORELINES OF: The Cedar River APPLICABLE MASTER PROGRAM: City of Renton The following section/page of the Master Program is applicable to the development: Section Description Paqe 4-3-090.J Urban Environment page 3-25 4-3-0901.2 Aquaculture page 3-27 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with all conditions by the State agencies and all conditions provided in the application and modifications submitted to the City. This permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition hereof. 3. A construction permit shall not be issued until twenty-one (21) days after approval by the City of Renton Development Services Division or until any review proceedings initiated within this twenty-one (21) day review period have been completed. . &C, Vw,-ii. t C. Lvincend Planning Director Exhibits: 1. Legal Description for WSDOT property 2, Legal Description for City of Renton property 3. Neighborhood Detail Map 4. Site Plan with Detail Drawings 5. Site Layout Plan (Sheet Cl) 6. Schematic diagram of a resistance board weir 7. Photographs of weir on Stanislaus River, CA cc: Attorney General's Office Contact/Applicant — Charles Madden, SPU Owner —Washington State Department of Transportation Party of Record — David Kwolek Yellow File Date l,)sic7+ Full Legal Description: That portion of the former Burlington Northern Railroad Company right-of-way (also known as the Pacific Coast Railroad right-of-way and the Columbia and Puget Sound Railway right-of-way), being of variable widths on each side of said Railroad Company's main track centerline, as located April 21, 1995, upon, over and across Government Lot 5 and the Henry H. Tobin Donation Land Claim Number 37, all in Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) LN 255+03.47 on the LN Line Survey of SR 405, Renton "S" Curves, and 202.28 feet northwesterly therefrom (said point equals HES RR 654+64.65 on the RR Line Survey of said Highway and 36.54 feet southeasterly herefrom); thence northeasterly to a point opposite HES RR 656+42 on said RR Line Survey and 40 feet southeasterly therefrom; thence northeasterly along the arc of a 714.86-foot radius curve to the right, a distance of 192.83 feet; thence southeasterly along the arc of a 2,058.66-foot radius curve to the right, a distance of 197.61 feet; thence southeasterly along the arc of a 1,469.95-foot radius curve to the right, a distance of 204.58 feet to HES RR 662+57.99 on said RR Line Survey and 40.58 feet southwesterly therefrom; thence southerly to a point opposite HES RR 662+66.35 on said RR Line Survey and 65.39 feet southwesterly therefrom-, thence southeasterly along the arc of a 1,444.95400t radius curve to the right, a distance of 39738 feet to a point opposite HE5 RR 666 �79.59 on said RR Line Survey and 50 feet southwesterly therefrom; thence southeasterly, parallel with said RR Line Survey, to a point opposite HES RR 689 0)1 thereon; thence northeasterly to a point opposite said HES and 50 feet northeasterly therefrom; thence northwesterly, parallel with said RR Line Survey, to a point opposite HES RR 666+79.59 thereon, thence northwesterly along the arc of a 1,544.95-foot radius curve to the left, a distance of 647.74 legit; thence northwesterly along the arc of a 2,133.66-foot radius curve to the left, a distance of 204.81 feet; thence northwesterly along the arc of a 789,86-foot radius curve to the left, a distance of 1 19.35 feet to a point opposite HLS LN 257 -65.09 on said LN Line Survey and 121.04 feet northwesterly therefrom (said point equals HES RR 657+29A5 on said RR Line Survey and 38.41 feet northwesterly therefrom); thence westerly to a point opposite HES LN 257+39.5 on said I,N Line Survey and 143.5 feet northwesterly therefrom (said point equals HES RR 656+97.5 on said RR Line Survey and 42.94 feet northerly therefrom); thence southwesterly to a point opposite HES LN 256+58.51 on said LN Line Survey and 164.19 feet northwesterly therefrom (said point equals HES RR 656+21.55 on said RR Line Survey and 8.73 feet northerly therefrom); thence southwesterly to a point opposite HES LN 256+33.01 on said LN Line Survey and 170.74 feet northwesterly therefrom; thence southwesterly to a point opposite HES RR 655+16.92 on said RR Line Survey and 23.37 feet southeasterly therefrom (said point equals HES LN 255=54.39 on said LN Line Survey and 190.95 feet northwesterly therefrom); thence southwesterly along the arc of a 1,005-foot radius curve to the lelt, a distance of 52.20 feet to the point of beginning; LXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 (Primary State Ilighway No. 1) as described in Deed recorded under Recording Number 910401 0275; AND EXCEPT that portion thereof lying easterly of the east line of the southwest quarter ofsaid section 17. EXHIBIT 1 C A Q� Re.[ 1 O 1 Full Legal Description: That portion of Government Let 5, Section 17, Township 23 North, Range 5 Last; W.M., in Kin? County, Washington, lying north of the former Burlington Railroad Company right-of-way (also known as the Columbia and Puget Sound Railway right-of-way and the Pacific Coast Railroad right-of-way); EXCEPT that portion thereof lying north of that certain boundary line established by Paragraph 10 of Decree entered February 6, 1913 in King County Superior Court Cast; No. 90072, said line, running through the southwest quarter of'said Section 17, being described as follows: Commencing at a point on the east line of the southwest quarter of said Section 17, from which point the stone monument at the center of said Section 17 bears north l'49' 10 ' west 622.61 feet; thence north 54'45' west 55 feet; thence nofth 60' 15' west 270 feet; thence north 61'30" west 270 feet; thence north 78'15' west 40 feel; thence north 73'30' west 230 feet; thence north 69'00'40" west 225 86 feet to a point on the easterly line of the right-of-way of the Columbia and Puget Sound Railway (Newcastle Branch), from which point the stone monument at the center of said Section 17 bears north 79'50'20" east 982.79 feet, said point also being the terminus of line description; EXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 {Prirnary State Ili hway No. 1) as described in Deed recorded under Recording Number 9104010275. EXHIBIT 2 100' 0' 100' 200' Approx. Scale: 1" = 50' �01 - —z_ / I l L 405 Cedar River Park Project Site - �� 0 S7 T opR4roNAARc E pF. E( wAsyl �Gr0Np 4is AR�FC Cto°4- CI R'L 0� EED r 1 Cedar 0 River Natural Zone C� ELo ME T pLAN ZING GfiYOF RENTON a T 3aa� CEDAR RIVER S�-t0 aTETRATECH NEIGHBORHOOD � ; � r SOCKEYE SPUblic DETAIL MAP HATCHERY l_ tilltWti EXHIBIT 3 V4" REBAR STAKES, 3' LONG, Dff FN V4TO STREAM BE V — WELVED ErELETS FOR G E ROUTING In- x 4" EYE BOLT WElDEO TO.ANCiC 4 Ir4•x1•x7'nNcie- 1 �SVBSTPATE RAR 1 Ir4"x 4" x K EDIT BAR Eij 6' O �- WEIDFD TO ANGLE SUBSTRATE RAIL SECTION (Permanent InstaNation) REMOVABLE ... 20' LONG FL Atl 4 WEIR POET PANELS ORDR4Wy TE�iONED OIBLE WEIR NIGH WATER ATIACHUENT REV-S 1.0 LOk WATER =29.tlt) GRAVEL EIAG P [D AT UPPER EDCE OF R L � - — PLOW \ SUBS TRAT[ RAZE PdN+ED WITH REW EVEN Wi111 STRLKM BOITOM ELEV=d7-0 ISEE SECTION AI LONGITUDINAL STREAM f� .TUN, LEGEND EXISTAJG STREETS k. T wULS PERV30US PAVEMENT NEW PAVEMENT PROPOSED STRUCTEIRES EYJSTING RETAINING WALL LANOSCAPED AREAS AREAS OF UNDISTURKI) VEGETATION `• NEW UC4 FPOL_E EJ� h • •' CEDAR RIVER .::. ,. •++ PARK c - r,R NEW 6`WiDE o ONCi cIIIEYJALK r ♦+ W pg it ,Fdi • / rTPAP I A // WI EXISTING VEGEfTATION !OF Jf NEWASPHALT •• PAVING +• — — _ LA.NDSCAPEU x "PU$LIC WATERFRONT +• AREAS ACCESS"SIGN ♦� '��." • r _ /� RENRETH�d. 14=1!;U �AVR a""nus ree oAIL TETRA TECH [1EPARTOENT U EKEEURME ADMIHISTRAlIM o®'® 14,2D Fifth Am v, State 600 sEATBF, .A4M.OTW ]a ...:NVYashnglm 9E101 3tkA Ism Fas:20&8 uml -- SUBSTRATE RAIL, See Detail A EXISTING RETAINING REMOVABLE WALL SERVICE CABLE HOLDING PENS �OHWM NEW i--PERVIOLJS CONCRETE CITY OF RFNTON FARCEL + ' PROPERTY LINE PORTABLE TRlJLERI i UYLNGFAaUTIES n a z �q ,�-EXISTING L}GHTPOLE UTILITY EXISTING KIDSK W1 S IAT E Ot WASHINGT SIGN GONG SLAB. PARCEL EXISTING BOLLARDS —ENSTINGGATE ' - SCALE �\ 1 " = 20 PERMIT SET COL?REDDISPLAY MAP EXHIBIT 4 mp-wo City at Seattle CEDAR RIVER PUWIC Chuck clerk!. D"Mor ACCESS FACILITY sN.r.-94LYOAs attx I of DRIVEWAY - ` ._ _ ` .c ..1 I __ J /Opp••• _ � ` "`A�\-�_� CCNTROL PCINT 12 N 178470.D1 20 40 -_-� ��\� .+r•r ) f - E t 30283G-99 " ` _ /�•; r }�-- � .� S7ALE IN FEET ORDINARY HIGH WATER WATER LEVEL AT TIME GE SVRVEY_� �_�. ~ ^. / ♦\� �-�� �,. !�� - a-}` d-- �`�`_- - __ 5 CINi 5 2. Ew '1 ' ANCL RETIVE ' \f�:PANELS CCNC SfOflVTil( PER 5?A' PEA.k. SEE NOTE 1 L ' , / �• 1 \1\ ` \ LIMIT OF { _ �SERNLE CABLE '� ANc11CR BOLT I� I� / - / ✓l/ „ti;t� INSTALLATION WORK 1 � V � \ N 17tl36 U7 T K•SEE CEDAR RIVER PARK *4" ` NOT IN CON'RAC'+� -� ,_.[ •r 17SB83 f _ PEDESTRwv AND COLUMNS I i APPRC% / =-mac v�•s w n� - -\ I-405 FCW E%1$TING RETAINING WALL I' -� — -+ SERwCE CABLE NOT IN CONTRACT C'e /_-`.• N 178295.51 CphT�7L PGM4T,#5 -� �`\ \� •._ kN,'�3G2s?T74 ` -' dMMYdTIf zipil WATER EL Sm-* • CONTROL POR4T r4 IYs N17tlaz7 as `"•. ^ % 1� WATER LEVEL 11,1 AT TIME DE SURyEY EN?3G3464�97 �f E 1307_,j.,1b� _`.'\ // —� y �_,y„ LIMIT CF wGRK ! _ �. f 1 l NOTE, Pubt]csvn-ERiRaFn _ \` ,� '�=�6'.pC.1 gin' - ~' `- _ f \ � 1 AVAILABLE ADTDDAD FILES YALL - DETAILS l \ ACCE55`SIGf+ J -�� �� � fti � •_ � ) - +d \ AOOAELA T FOR ADDITIONAL LAY E TAKNOS. NTRACTQA TO ?R091GE ON SITE 5TAKIkC DF ADS PER DE7 ,,,/// 1 C3' / N 42.24 �``@_ �j �ANI� SEf Hp1E -6 & �jL}''�j r�rE 1 027i4.'13Y N I 89.27 �/ CONSTR1 TIIONFOR ENGINEER APPROVAL BEFORE ' t _�i02 SUPPORT f ^'- J 3+ $p _ �d. � 2, WMPpRARY DETOUR To BE IN PLACE PRIOR COLUMN ,;A: Ek HOLE J T 1.u+_�� -__L O CUTTING E7a5SIkG TRAIL PAVEMENT. }S. �Jdp.NHL,E -_� - \ \ V392 4 =.� ](i} TEMPORARY ASPHALT' -?'. �~ \ YEMRr7,RARY - It �- I 3, TEMPORARY DETOUR OI IC REMC'rAR WHEN THICK _ _ f�f.nIGT_ NCf `- '- 7 - A'� COMPLETE. TRAIL IMPACTED A ARE SEE NOITE DETOUR 3 �¢°: �. ' / BET04R - - - _e+' �� a CDMALETE. RESTORE IMPACTED AREA TO �' �` Fes- SIGN STA`1 '6"f�Z�� - _ T J ORIGINAL CPNGIMDNS. SEE t% C4 f VK F,NISNED t7&202.90 r[_ 1 .PpF{TABLE iRAlCeri+ - -- i`�''• y _ 5 Sh 97.4ir �� GONDIT'�ON, LL _ �'tjpg6lSB= %- 9NG FAC1(JTrES -� N 1]H232GB E�t3CL733.89 t 4 ACCESS FOR EMERGENCY VF_NICLE5 SHALL BE t - _ "" MAINTAfNEG ON hARCC RCAO AT ALL TIMES n 1781 �'1 R` k _ 5, ACC L Oi E55 TO CONSTRUCT CONCRETE SIDEWALK ANC ANBO_T AREA ON NDNTH SIDE OF RIVER $HALLREPAIR Et Y DAMAGED TO R LASING PA4EB --_ti - r ,tH I •'_ u.vt A-A/C.l^` _ RiML REPAIR ANY BwMAGEC AREAS T4 01 OR BETTER CONDITION WHEN - may T/ 1ZB1;c l4 u e CONSTRUCTION 15 COMPLETE. TEMPORARY ROAD CLOSURE SIGN l - �� -NG - / ^ -- APPRCx # 'ER CITY OF RENTON SM. CETAL KDU7 TEIFPOfURfYSPHAl.S pE 5702� ��!�' BOLTA s PROP LINE 6, 2 GALVANIZED EYE NUTS ON EACH SIDE @ (NHEN TRAIL DETOUR IS ACT'VE.) 2- T' - I l� R, 44°" I Yx�,r ^- _ \ GRACE ON �' GALVANIZED 1•'IREAD TO Mk-3 CEDAR RIVER SEE NOTE 4 h "I*' m+i\ \ SOIL ANGHGRS. TRa'L OETOup �r _ �TRaL SEE NOTE 2 k 3J _ _C N 17AIs0.48 UTILITY TR4ELER E , 702517RA5H @ RECYCLE .24 E R M I T SET RESTORATIp14EBC7-'f _ '\ C 1 —\ SITE LAYOUT PLAN A1FROVEO FOA AnvER-ls1Nc I.AUE ER E, N.P �� TNr— ANo w1E ettfu City of Seattle % �c j� j� 4 ^� C1G0072 TETRA TECH KFNNFTE WATSU Y CEDAR RIVER pEPARTu FNY GF EXEC U,NE IDMIN6TRATIDN PubflF 142o"VF.fthATin;to5011E60G us„r1Bs CNU�rI.Fk.:OW.�of ACCESS FACILITY 2u 3-WesF 12p 618 oemno V zoo-aezeaoo Fare 1�Ba.%e3a�. P, ..�,... _ � �:wam _,,,.�-A •"� � �� 776-237 EXHIBIT 5 Figure 2: Schematic diagram of a resistance board iveir EXHIBIT 6 how Figure 3: Resistance hoard weir and trap on the Stanislaus River, Cat Figure 4: Swimmer passing over a resistance board weir on the Stanislaus River, CA EXHIBIT 7 IB City of Renton LAND USE PERMIT CeV GtiTO`f OF _WON lNG LIAR s 3 2011 MASTER APPLICATION pECEivEn PROPERTY OWNER(S) NAME: State of Washington, Dept of Transp ADDRESS: 15700 Dayton Ave N CITY: Shoreline zIP: 98133 TELEPHONE NUMBER: (206) 440-4000 APPLICANT (if other than owner) NAME. COMPANY (if applicable) Seattle Public Utilities ADDRESS: P.O. Box 34018 CITY: Seattle zIP: 98124 TELEPHONE NUMBER (206) 684-5977 CONTACT PERSON NAME Charles Madden COMPANY (if applicable): Seattle Public Utilities ADDRESS: P.Q. BOX 34018 CITY: Seattle ZIP: 98124 TELEPHONE NUMBER AND E-MAIL ADDRESS: (206) 684-5977 charlie.madden@seattle.gov PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Cedar River Sockeye Hatchery PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: South bank of Cedar River at 1405 bridge and immediately upstream of the bridge KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 172305917905 EXISTING LAND USE(S): Park PROPOSED LAND USE(S): Park / Undetermined EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: COR I Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NIA EXISTING ZONING: COR I RC PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 11,450 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO i3E DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): N/A NUMBER OF PROPOSED LOTS (if applicable): NIA NUMBER OF NEW DWELLING UNITS (if applicable): N/A Q weblpuhlevservlfmiisip] anninLYrnasterapp.doc a2127/0S `1r PROJI f INFORMATION (continue i NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA PROJECT VALUE: $175,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): C] AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO A FLOOD HAZARD AREA 4 c) sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. SHORELINE STREAMS AND LAKES sq, ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE SW QUARTER OF SECTION 17, TOWNSHIP 23, RANGE 05. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1 _ Site Plan Review 3. Variance 2. Shoreline Substantial Development 4. Staff will calculate applicable fees and postage: $ I AFFIDAVIT OF OWNERSHIP t, (Print Name/s) , 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. I certify that 1 know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of OwnerrRepresentative) (Signature of Owner/Representative) Notary Public in and for the Slate of Washington Notary ( My appointment expires: Q web/pw'devserv/tr7rm5/planning/masterapp doc 2 02/270 City of Renton LAND USE PERMIT Diw4 CIOeMVV OF RENTQN ANN1i�iG MASTER APPLICATION PROPERTY OWNER(S) NAME: State of Washington, Dept of Transp ADDRESS: 15700 Dayton Ave N CITY: Shoreline ZIP: 98133 TELEPHONE NUMBER: (206) 440-4000 APPLICANT (if other than owner) NAME: COMPANY (if applicable): Seattle Public Utilities ADDRESS: P.O. Box 34018 CITY: Seattle zip: 98124 TELEPHONE NUMBER (206) 684-5977 CONTACT PERSON NAME: Charles Madden COMPANY (if applicable): Seattle Public Utilities ADDRESS- P.O. Box 34018 CITY: Seattle ZIP: 98124 TELEPHONE NUMBER AND E-MAIL ADDRESS: (206) 684-5977 charlie.madden@seattle.gov MAR - 3 2048 PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Cedar River Sockeye Hatchery PROJECTIADDRESS(S)/LOCATION AND ZIP CODE: South bank of Cedar River at I-405 bridge and immediately upstream of the bridge KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 172305917905 EXISTING LAND USE(S): Park PROPOSED LAND USE(S): Park I Undetermined EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: COR I Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NIA EXISTING ZONING: COR 1 RC PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 11,450 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): N/A NUMBER OF PROPOSFD LOTS (if applicable)- NIA NUMBER OF NEW DWELLING UNITS (if applicable): NIA Q, wcb/p�v/de.vserv/forrnslplan nin e/masterapp.doc 02,,2-�10s PROJL r INFORMA' VION [continuer U NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N!A NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A PROJECT VALUE: $175,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA Two A FLOOD HAZARD AREA A�OU sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. Q SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE SW QUARTER OF SECTION 17, TOWNSHIP 23, RANGE 05, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON_ TYPE OF APPLICATION & FEES List all land use applications being applied for: 1 _ Site Plan Review 2. Shoreline Substantial Development Staff will calculate applicable fees and postage: $ 3. Variance 4. AFFIDAVIT OF OWNERSHIP I, (Print Namels) , 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 ali respects true and correct to the best of my knowledge and belief. 1 certify that 1 know or have satisfactory evidence that signed this instrument and acknowledged it to be his/herltheir free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of OwnerfRepresentative) (Signature of Owner/Representative) Notary Public in and for the State of Washington Notary (Print) My appointment expires: Q:tiveb/pw/devserviforms/planninglmastcrapp,doc 2 02/27/08 Full regal Description: That portion ofthe former Burlington Northern Railroad Company right -of --way (also known as the Pacific Coast Railroad right-of-way and the Columbia and Puget Sound Railway right-of-way), being of variable widths on each side of said Railroad Company's main track centerline; as located April 21, 1995, upon, over and across Government I.ot 5 and the Henry H. Tobin Donation Land Claim Number 37, all in Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) LN 255+03.47 on the LN Line Survey of SR 405, Renton "S" Curves, and 202.28 feet northwesterly therefrom (said point equals HES RR 654+64.65 on the RR Line Survey of said Highway and 36.54 feet southeasterly herefrom); thence northeasterly to a point opposite HES RR 656+42 on said RR Line Survey and 40 feet southeasterly therefrom; thence northeasterly along the arc of a 714.86-foot radius curve to the right, a distance of 192.83 feet; thence southeasterly along the arc of a 2,058.66-foot radius curve to the right. a distance of 197.6 t feet; thence southeasterly along the arc of a 1,469.95-foot radius curve to the right; a distance of204.58 feet to HES RR 662+57.99 on said RR Tine Survey and 40.58 feet southwesterly therefrom; thence southerly to a point opposite HES RR 662+66.35 on said RR Line Survey and 65.39 feet southwesterly therefrom; thence southeasterly along the arc of a 1,444.95-foot radius curve to the right, a distance of 397.38 feet to a point opposite HES RR 6663-79.59 on said RR Line Survey and 50 feet southwesterly therefrom; thence southeasterly, parallel with said RR Line Survey, to a point opposite HES RR 689+31 thereon; thence northeasterly to a point opposite said HES and 50 feet northeasterly therefrom; thence northwesterly, parallel with said RR Line Survey, to a point opposite HES RR 666+79.59 thereon; thence northwesterly along the arc of a t,544.95-foot radius curve to the left, a distance of 647.74 feet; thence northwesterly along the arc of a 2,133.66-foot radius curve to the left, a distance of 204.81 feet; thence northwesterly along the arc of a 789.86-foot radius curve to the left, a distance of 119.335 feet to a point opposite HES LN 257-r 65.09 on said LN Line Survey and 121.04 feet northwesterly therefrom (said point equals HES RR 657+29.45 on said RR Line Survey and 38.41 feet northwesterly therefrom); thence westerly to a point opposite HES LN 257+39.5 on said LN Line Survey and 143.5 feet northwesterly therefrom (said point equals HES RR 656+97.5 on said RR Line Survey and 42.94 feet northerly therefrom); thence southwesterly to a point opposite IIES LN 256 + 58.51 on said LN Line Survey and 164.18 feet northwesterly therefrom (said point equals HES RR 656+21.55 on said RR Line Survey and 8.73 feet northerly therefrom); thence southwesterly to a point opposite HES LN 256+33.01 on said LN Line Survey and 170.74 feet northwesterly therefrom; thence southwesterly to a point opposite HFS RR 655+16.82 on said RR I.,ine Survey and 233.37 feet southeasterly therefrom (said point equals HES I,N 255+54.39 on said LN Line Survey and 190.95 feet northwesterly therefrom); thence southwesterly along the arc of a 1,005-hoot radius curve to 'the left, a distance of 52.20 feet to the point of beginning; EXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 (Primary State Highway No. 1) as described in Iced recordcd under Recording Number 91040.10275, AND EXCLPT that portion thereof lying easterly of the east line of the southwest quarter of said section 17. City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: City of Renton ADDRESS: 1055 S Gravy Way CITY: Renton ZIP: 98055 TELEPHONE NUMBER: (425) 430-6400 APPLICANT (if other than owner) NAME: COMPANY (if applicable): Seattle Public Utilities ADDRESS: P_Q, Box 34018 CITY: Seattle ZIP: 98124 TELEPHONE NUMBER (206) 684-5977 CONTACT PERSON NAME: Charles Madden COMPANY (if applicable): Seattle Public Utilities ADDRESS: P.O. Box 34018 CITY: Seattle ZIP: 98124 TELEPHONE NUMBER AND E-MAIL ADDRESS: (206) 684-5977 charlie.madden@seattle.gov PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME; Cedar River Sockeye Hatchery PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: South bank of Cedar River at 1-405 bridge and immediately upstream of the bridge KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 172305901404 EXISTING LAND USE(S): Park PROPOSED LAND USE(S): Park I Undetermined EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: COR J Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NIA EXISTING ZONING: COR / RC PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 11,450 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NIA NUMBER OF PROPOSED LOTS (if applicable): NIA NUMBER OF NEW DWELLING UNITS (if applicable): NIA Q:web/pwMevserv/forms/planning/masterapp.doc 02/27/09 Full Legal Description: That portion of Government Lot 5, Section 17, Township 23 North, Range 5 Last, W.M., in King County, Washington, lying north of the former Burlington Railroad Company right-of-way (also known as the Columbia and Puget Sound Railway right-of-way and the Pacific Coast Railroad right-of-way); EXCEPT that portion thereof lying north of that certain boundary line established by Paragraph 10 of Decree entered February 6; 1913 in King County Superior Court Case No. 90072, said line, running through the southwest quarter of said Section 17, bein- described as follows: Commencing at a point on the east line of the southwest quarter ofsaid Section 17, from which point the stone monument at the center of said Section 17 bears north 1'49' 10" west 622.61 feet; thence north 54'45' west 55 feet; thence north 60'15' west 270 feet; thence north 61'30" west 270 feet: thence north 78' 15' west 40 feet; thence north 73°30' west 230 feet; thence north 69'00'40" west 225.96 feet to a point on the easterly line of the right-of-way of the Columbia and Puget Sound Railway (Newcastle Branch), from which point the stone monument at the center of said Section t 7 bears north 79'50 20" east 982.79 feet, said point also being the terminus of line description; EXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 (Primary State Highway No. t) as described in Decd recorded unricr Recording Number 9104010275. Seattle 01o' Public Utilities PROJECT NARRATIVE CEDAR RIVER ACCESS FACILITY JULY 7, 2008 Project Name, Size, & Location: The Cedar River Access Facility is located at approximately River Mile 1.7, immediately upstream of I-405. The project will develop an area on the south side of the river across from the City of Renton's Cedar River Park. The size.of the area to be utilized by this project consists of approximately 0.25 acres. Land Use Permits Required: Land use permits required from the City of Renton: • Site Plan Review • Shoreline Substantial Development Permit • Variance Permit • Conditional Use Permit Permits from other agencies may include: • Washington Department of Fish and Wildlife HPA • Washington Department of Ecology 401 Water Quality Certification + Washington Department of Natural Resources Aquatic Resources Use Authorization Notification + Corps of Engineers Section 404 Permit Environmental Impact Statement (EIS) History: A Final EIS (FEIS) for a new Cedar River Sockeye Hatchery, including improvements to existing spring water collection facilities and a new broodstock collection facility, was prepared in compliance with the SEPA; RCW 43.21C and the Seattle SEPA Ordinance (Chapter 25.05 of the Seattle Municipal Code). Published in March 2003, the adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. That decision was appealed to the King County Superior Court, who also held that the SEIS was adequate in 2006. The King County decision was appealed to the Washington State Court of Appeals and it was once again deemed adequate in 2007. On June 3, 2008, the Washington State Supreme Court denied the appellant's petition to hear the case. SEPA is now complete. Zoning: The zoning in the project area is primarily Commercial/Office/Residential (COR) and borders on a Resource Conservation (RC) zone, which is shown in Figure 1 below. M n«,wn Cky Lk"its Ram), 4. Zaninp Reeou. Cony,. Residnnft lduf... _ )Umidvft14 du,.. Residenfisl6du.. ResldeMlal Man... ReWdentiel lt)d... Rssidenti/1 14 d... ,DResldentlal MuR.. it RpWential Mutt,.. Raskential Mint_ �CerkerYlll/pe lkden Gnlsr N... Urban CenW N.., .Carvbw Downtown ommerp/UpfF, :'Commei Art.. � . Commercial off... Commercwl Nei._ `y', ndwM - Heavy I il.le w - Medi... I kKkMk l Light . r ® R~AWM Figure 1: Existing City of Renton Zoning near project site Current Use of the Site and Any Existing Improvements: The project site is located on the bank of the south side of the Cedar River. There is no formal access to the river itself in the project area. There is an existing pedestrian/bicycle trail that parallels the river. On the opposite side of the river from the project site, is the City of Renton's Cedar River Park (park use) which includes a large lawn area, landscaped areas, and a paved pedestrian trail along the river's edge. There is also a pedestrian bridge with lighting over the Cedar River immediately downstream of the project site. The area to the northwest of the project site (downstream of project site) is occupied by I-405 (freeway right-of-way). Special Site Features: The purpose of the project is to provide public access to the Cedar River and to collect adult broodstock sockeye salmon. Therefore, the project site is located adjacent to and within the Cedar River. The river's shoreline area will be affected to create access and a staging area for fish handling. Soil Types: The project area on the south bank of the river is underlain with fill material that is likely due to realignment of the river channel in the early 1900's. Additional fill may exist from levees, revetments, roads, and railroad grades. The north bank of the river consists of younger alluvium (Qyal). 2 Proposed Use and Scope of Project Development: The project will accommodate public access, recreational activities and broodstock sockeye salmon collection. The improvements are to meet the needs of several types of activities that are expected at this site including access to the Cedar River, providing public opportunity to observe salmon runs and sockeye salmon collection activities, and put -in and pullout for non - motorized boats. The location of the access site next to the Cedar River Park, Cedar River Trail, existing pedestrian bridge across the river, and future park improvements (described in the "Renton Tri-Park Master Plan") enhances these existing and proposed facilities. It is anticipated that many of these park users will take advantage of the public access to the south side of the Cedar River offered by this project that currently does not exist. During the fall months this project will provide an excellent opportunity for viewing and gaining insight to the salmon resources in the Cedar River. This broodstock collection facility consists of a removable fence and trap in the river channel, and a loading area where fish are transferred from the river into a transport truck. These fish are then hauled to the hatchery site near Landsburg Dam where they will be spawned. This project will improve the ability for the sockeye hatchery to meet its goals. Under agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, Seattle Public Utilities (SPU) has committed to operate a sockeye hatchery on the Cedar River in response to State concerns over the blockage at Landsburg Dam. The location and design of the broodstock collection facility are important to meeting the biological goals of the hatchery. We would like to construct the new facility in the summer of 2008. Considerable work has been done to develop technical protocols and designs that reduce the risk of unintended adverse effects on naturally spawning salmon populations while allowing the project to contribute to larger sockeye returns and improved fishing opportunities. The location at 1-405 was carefully chosen after technical studies and environmental review pointed to this site as the best location. The location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire population. The current site at RM 6.2 misses approximately 30% of the population because it is so far upstream. The collection facility system that is planned for the I-405 site has been in use in other areas and has been successful at withstanding higher fall flows that compromise the facility currently in use. Consequently, current collection operations often need to be terminated earlier than desired, compromising biological and production goals. The proposed system is capable of withstanding higher flows due to its flexibility and ability to submerge during periods of very high flows. This will allow the collection period to occur near the middle of the run rather than favoring the earlier portion of the run. This project includes the following components: 1. A flexible picket structure that will span the width of the Cedar River, just upstream of the I-405 bridge (see Figures 2-4 at end of document). The pickets and spacers are made of plastic and are built in 3'x20' panel sections. The bottoms of these panels are secured to the river bed by hooking to a cable that 3 runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets that are connected to a metal base. The metal base is secured to the bottom with pins and small cables to duckbill anchors upstream. The metal plate will be left in place from year to year, but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December and stored off -site. 2. Traps- A trap would be used to intercept sockeye. This traps will be made of aluminum pickets and be approximately 6'x 12' in size. It will be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up nearer to shore as flows increase. The trap will have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and coho will pass the collection site. The hatchery will need to trap up to 20,000 sockeye depending on run size and broodstock collection will be less than 50% of the sockeye run. Specific protocols for passing Chinook will be in place for avoiding delay or causing redistribution of spawning sites. Protocols have been developed and tested at the current facility and that knowledge will be used to develop procedures for the new facility. Monitoring will continue to identify where Chinook spawn, expanding on a data base that began in 1999. 3. Safety cable — a safety cable that spans the river will be installed to provide greater employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This cable would be removed at the end of collection operations. 4. Loading area an access driveway will be developed to allow the fish hauling truck to approach the river. The driveway will be located above the ordinary high water line. Five trees and some brush will be removed in the riparian zone for the roadway and ramp. 5. Access driveway - the access driveway will connect to Narco Road and cross the existing pedestrian trail. This section of the trail will be modified to support the weight of the truck. 6. Trailers — Personnel will be on -site 24/7 when the weir is in operation. Two portable trailers will be situated in the parking lot adjacent to the Cedar River Trail. One trailer is for living quarters and the second trailer is a small, utility trailer to be used for equipment storage. The trailers would be removed at the end of the broodstock collection season. 7. Utilities - electricity will be brought to the site for lighting, pumps and to provide electricity to the caretaker RV. A small (3/4") water service will be installed to provide potable water on site. Garbage and recycling containers will be placed in the utility/equipment trailer and their contents will be removed weekly and managed off -site. Restroom facilities will be located in the trailer designated as temporary living space. There will be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks will be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities will be separately metered and usage will be paid for by SPU. 8. Lighting - A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The 4 fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system will be on a separate circuit, to be activated only during fish collection operations. 9. Information signage — Establish public information signage on both sides of the river so that interested persons can learn more about salmon in the Cedar River and about the sockeye hatchery program. It is estimated that it will take a maximum of 140 trips per season, spread out over a 90 day period, to transfer the fish to the hatchery. Loading time would take approximately 30 minutes per trip. The maximum frequency would be 3 trips per day. Hauling operations would occur during daylight hours. In summary, facilities are proposed that are intended to have minimal impact on other users while carrying out contractual responsibilities under agreement with federal and state resource agencies and the Muckleshoot Tribe. The importance of working closely with the staff of the City of Renton on this project and ensuring that the facilities are safe is recognized. A safety plan will be developed to address safety concerns. New Plat Information: No plats or housing developments are included in this project. Access: Access to the site will be via the Narco Road on the south side of the Cedar River Proposed Off -site Improvements: No improvements are planned outside of the project area at this time. Estimated Construction Cost and Estimated Fair Market Value: The estimated cost of the project is $245,000 for the site civil work and $75,000 for the fabrication and installation of the resistance board weir. The :fair market value for this. project is not applicable. Estimated Quantities and Type of Fill/Excavation: An estimated 380 cubic yards of material will be cut from the bank below the recreational trail to grade the new access road. Trees Removed: Tree removal will be kept to a minimum to include two 18 inch diameter cottonwood trees, one 12 inch diameter bigleaf maple, one 10 inch diameter red alder tree and one 7 inch diameter red alder tree. Land to be Dedicated to the City of Renton: No lands are to be dedicated to the City of Renton. Proposed Job Shacks: The project may require the use of a job shack during construction. Trailers will be on - site and occupied around the clock during the broodstock collection season as described above. Modifications Requested: We are not requesting any modifications at this time. Distance of Project to Ordinary High Water Mark: Project will include the ordinary high water mark within the project area. Nature of Existing Shoreline: The existing shoreline on the Cedar River consists of a shoreline that has been disturbed at various periods for road construction; river channel work; improvements for parks such as retaining walls, landscaping, and revetments. The shoreline along the south side of the river has the following vegetation: • Japanese knotweed (Polygonum cuspidatum) • Red -Osier Dogwood (Cornaceae Cornus sericea L) • Bigleaf Maple (Acer macrophyllum), shrub sized • Sitka willow (Salix sitchensis) • Himalayan blackberry (Rubus discolor) • Sweet gale (Myrica gale) • Horsetail (unsure of species) • Ivy (likely English ivy; Hedera helix) • Black cottonwood (Populus balsamifera ssp. trichocarpa) • Red alder (Alnus rubra) Obstructed Views of Nearby Residential Units: There are no residential units in the project area or adjacent to the project that will have obstructed views. The project will not have any components exceeding 35 feet in height. 0 ix,k,ed 1 fish pasaape chubs ff' We trap subanena rail suDawft andwr 1 Figure 2: Schematic diagram of a resistance board weir Figure 3: Resistance board weir and trap on the Stanislaus River, CA fixed weir VA Figure 4: Swimmer passing over a resistance board weir on the Stanislaus River, CA 100, 0. 2swW Approx. Cedar River Park Projoe c t Site or ro S S)4 r1e PAPC 14 'V/f 0;'04r LLkv- te 00 IN"= :CH NEIGHBORHOOD DETAIL IvIlAr Cedar River Natural Zone 0 C) MF NT PLANNING I 0 F RF_W ON 3 2008 (;FIVMSARCRIVER Seattle O ;1E KEYE 6 Public HATCHERY Utilities NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: SPU Broodstock Facility 1 LUA08-018, SA-H, V-H, SM PROJECT DESCRIPTION: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid - September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. PROJECT LOCATION: South bank of Cedar River at 1-405 Bridge PUBLIC APPROVALS: Hearing Examiner Site Plan and Variance Approvals and Shoreline Substantial Development Permit APPLICANTIPROJECT CONTACT PERSON: Charles Madden, Seattle Public Utilities; Tel: (206) 684-5977; Eml: charlie,madden@seattle.gov PUBLIC HEARING: Public hearing is tentatively scheduled for April 22, 2008 before the Renton Hearinq Examiner in Renton Council Chambers. Hearings begin at 9:00 AM on the 7th floor of the new Renton City Hall located at 1055 South Grady Way. Comments on the above application must be submitted in writing to Andrea Petzel, Associate Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on March 28, 2008. This matter is also tentatively scheduled for a public hearing on April 22, 2008, at 9:00 AM, 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. I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: March 3, 2008 NOTICE OF COMPLETE APPLICATION: March 14, 2008 DATE OF NOTICE OF APPLICATION: March 14, 2008 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 South Grady Way, Renton, WA 98057. File Name / No.: SPU Broodstock Facility / LUA08-018, SA-H, V-H, SM NAME MAILING ADDRESS: TELEPHONE NO.: CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 5th day of August, 2008, I 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 Charles Madden, Seattle Public Utilities Applicant/Contact WSDOT Owner David Kwolek Party of Record (Signature of Sende STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy 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:] 1 F Z Notary Public In and for the State of Washington Notary (Print): "Jn 3,,, 4 - S-, My appointment expires: e, - Z S - Zra O Project Name SPU Broodstock Facility Project Number; LUA08-018, SA-H, V-H, SM, CU-H = "� CITY OF RENTGN HEARING EXAMINER PUBLIC HEARING August 12, 2008 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: SPU Broodstock Facility PROJECT NUMBER: LUA-08-018, SA-H, V-H, SM, CU-H PROJECT DESCRIPTION: An application has been submitted by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The applicant has also applied for a Hearing Examiner Variance from RMC 4-4- 130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require construction of an access road and loading area within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removal of 5 trees within a critical area, for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003_ HEX Agenda 8-12-08.doc City of Renton PUBLIC Department of Community & Economic Development HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARYAND PURPOSE OF REQUEST: Public Hearing Date: August 12, 2008 Project Name: SPU Broodstock Facility/Cedar River Access Facility Owner for parcel City of Renton #1723059014: 1055 S Grady Way Renton, WA 98055 Owner for parcel Washington State Department of Transportation #1723059179.- 15700 Dayton Ave. N Shoreline, WA 98133 Applicant: Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 Contact: Charles Madden Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 File Number: LUA08-018, SA-H, CU-H, V- Project Manager: Vanessa Dolbee, Associate H, SM Planner Project Description: An application has been submitted by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review. a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River, The applicant has also applied for a Hearing Examiner Variance from RMC 4-4-130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn t in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require construction of an access road and loading area within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removal of 5 trees within a critical area, for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. Project Location: South bank of the Cedar River at river mile 1.7, immediately upstream of the 1-405 bridge. City of Renton Department of Car ity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 2 of 23 SITE LOCATION MAP Brood stock_hexrpt08-018 City of Renton Department of Com-munity & Economic Development Preliminary Report to the Healing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 3 of 23 B. EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Ehcibit 2: Zoning Map sheet F4 west/2 (dated 7/15108) Exhibit 3: Comprehensive Plan Land Use Map Exhibit 4: Project Vicinity Map, Index, Legend, Project Misc. Information, Survey Datum Block (Sheet G1) Exhibit 5: Existing Conditions/Topography (Sheet G2) Exhibit 6: Demolition Plan (Sheet G3) Exhibit 7: Erosion Control Plan (Sheet G4) Exhibit 8: Erosion Control Details (Sheet G5) Exhibit 9: Tree Inventory Plan (Sheet G6) Exhibit 10: Site Layout Plan "during construction" (Sheet Cl) Exhibit 11: Site Grading Plan (Sheet C2) Exhibit 12: Civil Details (Sheet C3) Exhibit 13: Access Road Plan and Profile (Sheet C4) Exhibit 14: Utility Plan (Sheet C5) Exhibit 15: Kiosk and Interpretive Sign Details (Sheet C6) Exhibit 16: Limit of Work (Sheet L1) Exhibit 17: Buffer Mitigation Layout (Sheet 1-2) Exhibit 18: Site Revegetation (Sheet 1-3) Exhibit 19: Revegetation Notes and Details (Sheet L4) Exhibit 20: Electrical Plan (Sheet E1) Exhibit 21: Electrical Details (Sheet E2) Exhibit 22: Electrical Details & Fixture Schedule (Sheet E3) Exhibit 23: Figure 1: Site Layout Plan Exhibit 24: Colored Display Map (site plan) Exhibit 25: Luminaire Schematic Exhibit 26: Archaeological surface survey transects and shovel probe locations Exhibit 27: Tri-Park Master Plan, Site Plan Exhibit 28: Cedar River Park, view before broodstock facility Exhibit 29: Cedar River Park, photographic simulation after broodstock facility Exhibit 30: Critical Areas: Steep Slopes and Access Road Exhibit 31: FEIS Alternative's Location Map (Figure S-1) Exhibit 32: FEIS Alternative Broodstock Collection Sites, Vicinity Map (Figure 1-2) Exhibit 33: FEIS Broodstock Collection Facilities 1-405 Bridge Site (alternative) Exhibit 34: FEIS Broodstock Collection, Holding and Spawning Facilities, 1-405 Bridge Site (alternative) Exhibit 35: FEIS Temporary Weir Alternative (Figure 1-17) Exhibit 36: FEIS photographic simulation of weir in river at the 1-405 site Exhibit 37: Landsburg Mitigation Agreement for the Fish Migration Barrier at the Landsburg Diversion Dam C. GENERAL INFORMATION: 1. Owners of Record: 2. Zoning Designation 3. Comprehensive Plan Land Use Designation: City of Renton State of Washington, DOT 1055 S Grady Way 15700 Dayton Ave. N Renton, WA 98057 Shoreline, WA 98133 Resource Conservation (RC) and Commercial/OfficeiResidential (COR) Residential Low Density and Commerciai/Office/Residential 4. Existing Site Use Broodstock_hexrpt 08-018 Cedar River Trail and Vacant City of Renton Department of Co ....... rnity & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12. 2008 Page 4 of 23 5, Neighborhood Characteristics: North: Renton Community Center, Commercial/Office/Residential (COR) zoning, Interstate 405, Cedar River (Class 1 stream) East: Cedar River, Renton Community Center (CDR) South: Cedar River Trail, Resource Conservation (RC) zoning West: Interstate 405, and Cedar River Trail pedestrian bridge. 6. Access: Would be via Narco Road on the south side of the Cedar River. 7. Site Area: 11,450 square feet a. Project Data: Area Comments Existing Building Area: NIA Vacant New Building Area: NIA No new buildings are proposed, a portable trailer and smaller storage trailer would be placed temporarily. Total Building Area. NIA An access roadway less then 4,000 square feet is proposed to be constructed from concrete and pervious concert pavement. D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation NIA 738 03/17/1925 Comprehensive Plan NIA 5099 11/01/2004 Zoning N/A 4404 06/07/93 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards Section 4-2-120: Commercial Development Standards 2, Chapter 3 Environmental Regulations Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations 4. Chapter 6 Streets and Utility Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Parks, Recreation, Open Space, & Trails Element 3. Environmental Element Broodstock_hexrpt 08-018 City of Renton Department of Co......lnity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 5 of 23 G. DEPARTMENT ANALYSIS: PROJECT DESCRIPTION/BACKGROUND The proposed Cedar River Broodstock Collection Facility would be located at approximately River Mile 1.7, immediately up stream of 1-405. The project would be developed in an area on the south bank of the Cedar River across from Cedar River Park and the Renton Community Center (Exhibit 24). The size of the area to be utilized by this project consists of approximately 0.25 acres. The Broodstock Facility would be located in the Cedar River and on two additional parcels. Parcel No. 172305917 is owned by the Washington State Department of Transportation (WSDOT) and Parcel No. 1723059014 is owned by to the City of Renton. The City of Renton's parcel is zoned Commercial/Office/Residential (COR) and WSDOT's parcel is zoned Resource Conservation (RC). This report includes analysis of the Site Plan Review, Conditional Use, and Variance Criteria. It is important to note that there are additional interest groups as a part of this proposal due public financial funding for parcels included in the project. Background The Cedar River is SPU's major water supply source, supplying nearly two-thirds of the water delivered to the Seattle service area. In May 2000, Seattle along with State and Federal agencies adopted the Cedar River Habitat Conservation Plan (Cedar HCP), which sets forth a 50-year comprehensive program for managing the Cedar River watershed to protect and enhance habitat for threatened and endangered species. Subsequently, Seattle obtained Incidental Take Permits, from the U.S. Fish and Wildlife Service and National Marine Fisheries Service, for its water supply and related activities in the Cedar River watershed. The Cedar HCP called for several specific actions to address impacts to fish resulting from Seattle's water supply intake and diversion dam created at Landsburg. One of which included a Cedar River Sockeye Hatchery Project capable of producing up to 34 million sockeye fry. In order for the Hatchery to meet its goal of 34 million fry, SPU has proposed the subject broodstock facility. In addition, the applicant has stated, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam (Exhibit 37). One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period to the end of the sockeye run (approximately mid -December). A Final Environment Impact Statement (FEIS) was prepared for the Cedar River Sockeye Hatchery Project and associated facilities in 2003. The FEIS analyzes the potential project - specific environmental effects of construction and operating a sockeye hatchery on the Cedar River. The portion of the FEIS that pertains to the broodstock facility includes four site alternatives for the collection of adult fish for spawning, including two sub -alternatives at each site and three alternatives for the weir designs. The four alternative sites that were evaluated as part of the FEIS are as follows: the existing broodstock collection site at river mile 6.5; the Elliott Bridge site located at river mile 5.3; SPU right-of-way site at river mile 3.4; and the 1-405 site located at river mile 1.7 (Exhibit 31 & 32)_ The location at 1-405 was carefully chosen after technical studies and the FEIS determining this site as the best location (Exhibit 33 & 34). This location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire sockeye salmon population (Exhibit 36). The weir design chosen has been used in other areas and has been successful at withstanding higher fall flows (Exhibit 35). The proposed system is capable of withstanding these flow levels because of its flexibility and ability to submerge during periods of very high flows. Broodstock hexrpt 08-018 City of Renton Department of Cony„ ioity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facilit LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 6 of 23 The adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. The decision was appealed to the King County Superior Court, who also helot that the SEIS was adequate in 2006. The King County decision was then appealed to the Washington State Court of Appeals and it was again deemed adequate in 2007. The Washington State Court of Appeals decision was appealed to the Washington State Supreme Court, who denied the appellant's petition to hear the case. Once the appellant's petition was not heard by the Supreme Court, SEPA was deemed complete. There have been no challenges to the broodstock collection facility alternatives. Parcel No. 1723059014 was purchased by the City of Renton with the following funding sources: Washington Wildlife and Recreation Program grant funds administered by the Resource and Conservation Office (RCO); 1989 King County Open Space Bond Issue Funds; King County Conservation Futures 1993 Regional Projects grant funding; and King County Conservation Futures 1993 Suburban Project grant funding. The Cedar River Trail was developed with Federal ISTEA and State WWRP grant monies. The RCO funds were granted with a requirement that the property would be used for recreational purposes. In order to verify that the Broodstock Facility would not be considered a "conversion of property" by the RCO; Seattle Public Utilities (SPU) together with the City of Renton submitted the project proposal including a project management plan and plan set to the RCO on July 3, 2008. The RCO is anticipated to make a determination in regards to "property conversion" buy August 7, 2008. The decision made by the RCO would be based upon the management plan SPU submitted on July 3, 2008. As to elevate any conflicts of interest that may be anticipate between RCO, City of Renton and SPU as to the perceived management and function of the site, staff recommends as a condition of approval that SPU adhere to the provided Cedar River Access Facility Management Plan, dated June 30, 2008. Staff anticipates the submission of supplemental information as to the result of RCO's decision at the Hearing. Site & Surroundino Area Description The project site is located on the south bank of the Cedar River (A Class 1 Shoreline of the State) directly across from the Renton Community Center. The subject site is currently vacant and consists of sloped areas and a benched area just above the river (Exhibit 5). The existing vegetation consists of (native plants) Red -Osier Dogwood, Biglea# Maple, Sitka willow, Sweet gale, Horsetail, Black cottonwood and Red alder; and invasive plants Japanese knotweed, ivy, and Himalayan blackberry. There is currently no access to the rivers edge, although during the summer months recreationalists bushwhack their way to the rivers edge at this point along the Cedar River Trail. To the north of the project site is the Renton Community Center and Renton's Cedar River Park, which is used for recreational activities, community sponsored events, weddings, dog trials etc. The site consists of a large community center building, paved pedestrian paths, landscaped lawn areas and access to the Cedar River via a man made cove. The cove was created with a retaining wall system that extends the length of the site immediately adjacent to the Cedar River. To the south of the subject site is the Cedar River Trail and the Narco site. This area consists of: a small informal gravel parking area: access to the Cedar River Trail; and a large grass field. The area is primarily used for walking, biking, roller blading, etc. To the west is Interstate 405 and a pedestrian bridge, both cross the Cedar River. To the east; there is undeveloped shoreline of the Cedar River and the continuation of the Cedar River Trail. The subject area and surrounding areas (Liberty Park, Cedar River Park, and Narco Site) are a part of the Tri-Park Master Plan, adopted by Renton City Council in 2006 (Exhibit 27). The site is located on two parcels one of which is designated Commercial/Office/Residential on the Comprehensive Plan Land Use Map and is zoned Commercial/Office/Residential (COR). The second parcel is designated Residential Low Density on the Comprehensive Broodstock hexrpt 08-018 City of Renton Department of Corn ... unity & Fconomic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-098, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 7 of 23 Land Use Map and is zoned Resource Conservation (RC) (Exhibit 2 & 3). The majority of the subject project is located within the COR zone therefore, the following Site Plan Review, Conditional Use Permit and Variance would be evaluated under the COR Toning designation. The broodstock facility is intended to be operated and maintained by SPU. Broodstock collection would be in operation from mid -September to mid -December and would be designed as a temporary facility. During the remaining part of the year (mid -December though mid -September) all associated equipment would be removed from the site including the weir; staff trailer, and storage trailer. The access drive to the river would remain for public river access; this drive would be a designated access point for non -motorized watercraft, such as kayaks, canoes, inner tubes and air mattresses. Seattle Public Utilities' Broodstock Facility would be located within a City of Renton public park; as such, Staff recommends as a condition of approval that a Memorandum of Agreement (MOA) between the City of Renton and SPU is created, to ensure proper management and use of City property by SPU. Project Description The proposed project would a seasonal access point and an area to operate a temporary weir/trap in the Cedar River to collect adult sockeye salmon for the existing hatchery facilities at Landsburg (Exhibit 23). In addition to the access point and the weir/trap, the applicant is proposing a ramp area, utilities (water and electricity), pathway improvements, interpretive signs, a kiosk, lighting, two temporary trailers, and a viewing area above the weir location. The "viewing area" would be located on the north bank of the Cedar River (parcel #1723059013) in the Cedar River Park. The access area is to be used for operating a temporary weir in the Cedar River from mid -September through December to reach the target amount of salmon eggs for the hatchery and maintain public access wile weir operation is in progress. The weir is a flexible picket structure that would span the width of the Cedar River. The pickets and spacers are made of plastic and are built in 2-foot by 20-foot panel sections. The bottom of these panels are secured to the river bed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets; that are connected to a metal base. The metal base is secured to the bottom of the river with pins and small cables to duckbill anchors upstream. The metal plate would be left in place from year to year but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. One or two traps would be used to intercept sockeye. These traps would be made of aluminum pickets and be approximately 6 feet by 12 feet in size. They would be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up closer to shore as flows increase. The traps would have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and Coho would pass the collection site. The hatchery would need to trap up to 20,000 sockeye, depending on run size, broodstock collection would be less then 50% of the sockeye run. Specific protocols for passing Chinook would be in place for avoiding delay or causing redistribution of spawning sites. A safety cable would span the river and be installed to provide employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This would also be removed at the end of the sockeye collection operations in December. The ramp area would allow for removal of salmon from the traps and into a hauling truck. The hauling truck would transport sockeye from the subject location to the existing hatchery at Landsburg. At times, a boom truck may be used to facilitate trap handling. The ramp would also be used for launching small watercraft and would provide safe access to the Cedar River for the public (Exhibit 13). Brood stock_hexrpt 08-018 City of Renton Department of Com ounity & Economic Devefopment Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATEA ugust 12, 2008 Page 8 of 23 During broodstock collection and weir operation, (mid -September to mid -December) personnel would be on site 7 days a week, 24 hours a day. To accommodate personnel, two portable trailers are purposed to be situated in the gravel area between Narco Road and the Cedar River. A larger 28-foot long trailer is proposed for living facilities and a smaiier 12- foot storage trailer would be placed adjacent to the living quarters trailer for storage of equipment, clothing, refuse and recycling receptacles. Electricity for lighting and pumps would be provided along with a small 3/4 inch water line to provided potable water to the upper portion of the project site (Exhibit 14 & 20-22). The temporary trailer would also hook up to the water and electricity. A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demands of fish collection. This system would be on a separate circuit, to be activated only during fish collection operations. SPU would also provided information signage on the Community Center side of the river (north bank) to help inform interested persons about salmon in the Cedar River and about the sockeye hatchery program. Also proposed is a kiosk that would be placed on the project side of the Cedar River adjacent to the Cedar River Trail to provide additional information and public outreach (Exhibit 15). During broodstock collection operations would occur from approximately 7:30 a.m. to 5:00 p.m. where a maximum of four people would sort fish from the trap into holding pens in the river. One to three times per day, fish would be moved to the transportation truck that would be located on the proposed ramp. Moving fish to the truck would be done by hand in soft fish tubes or mechanically. To mechanically transfer fish a boom truck would be required, this truck could lift the fish in a container and swing them over the transport tuck and pour the fish into the truck through a pipe. Once the truck is loaded, it and two to three people would leave the site to take the fish to the Cedar River Sockeye Hatchery at Landsburg. At least one person would remain at the weir site. The number of trips the fish transport truck would make each day would depend on the number of fish available, the number of fish already collected, staffing limitations, and other activities. The maximum number of round trips in a day is not expected to exceed four trips. SPU's goal is to collect enough fish through operations Monday through Friday, that there would be no fish hauling on Saturdays and Sundays. This would depend on the trapping success of the new weir. During some flow situations, a boat would be used to remove material from the weir. The boat would not be motorized and would be kept off site until water conditions require its use. When located on site and not in use, the boat would be secured in or on a temporary trailer. A SEPA Determination of Significance was issued by the Seattle Public Utilities. A Final Environmental Impact Statement (FEIS) was issued on March 20, 2003 and a Supplemental Environmental Impact Statement (SETS) was issued July 2005. Broodstock collection sites and weir designs were included within the FEIS. The adequacy of the FEIS and SEIS were appealed on five different occasions (as mentioned on page 5 of this report). As of June 2, 2008 the Washington State Supreme Court upheld the SEPA and FEIS documents, as such, the SEPAlEIS documents were deemed complete on March 20, 2003. Because of the nature and location of the proposed project, staff reviewed the impacts of the proposed project on critical areas. Critical Areas Staffs review of the project site identified six critical areas; A Class 1 stream, Fish and Wildlife Habitat, Steep Slopes, Seismic Hazard Area, Flood Hazard Area, and Aquifer Protection Zone 1. The aforementioned FEIS assessed environmental impacts including but not limited to Fish and Wildlife Habitat and the projects effects on the Cedar River. In addition to the FEIS, the applicants provided an additional Standard Stream Study and Hydraulic Analysis of the potential effects of a resistance board weir on Cedar River water Brood stock_hexrpt 08-018 City of Renton Department of Co ...... unity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA48-418, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 8 of 23 surface elevations (WSELs), as well as geomorphic analysis of the potential for erosion and scour at the weir during high flows. The Stream Study and Hydraulic Analysis were prepared by Tetra Tech, dated October 31, 2007 and September 26, 2007 respectively. Shannon and Wilson Inc. also provide an additional geotechnical report, dated May 13, 2008, specifically addressing the boat tether cable that is proposed to be mounted behind the existing retaining wall on the north bank of the Cedar River. Adverse impacts to Chinook and other fish species are likely to be avoided or minimized through monitoring and modifying weir operations over time. This has been done successfully at the existing weir at Cavanaugh Pond near the Landsburg site though operational protocols. The applicants are modifying the protocols for the proposed weir site in Renton, though consultation with the Cedar River Anadromous Fish Committee, including federal, tribal, and state fish management agencies. The act of "broodstock collection" would remove fish from the Cedar River and place them in the hatchery at Landsburg resulting in a reduction of fish within the Cedar River. The City of Renton has created a salmon spawning channel upstream of the proposed broodstock facility as mitigation for their Hydraulic Permit Approval #G1503-1. In order for the City of Renton to meet their mitigation requirements of the subject HPA a specific number of salmon (based on run size) are required to spawn with in the spawning channel each year. Because fish behavior is variable and the proposed project may have effect on salmon behavior, specifically spawning, and number of fish to reach the spawning channel; staff recommends as a condition of approval that prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife and the City of Renton shall be achieved as to resolve the concerns of SPU's broodstock facility on the City's ability to meet the requirements of the HPA. The subject site is located within and along side a Class 1 Stream, the Cedar River, at river mile 1.7. The City of Renton's Shoreline Master Program has designated the subject section of the Cedar River (river mile 1.7) as Urban Shoreline Environment. Pursuant to RMC 4-3- 090J the Objective of the Urban Environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. The Shoreline Master Program has also given priority to planning for public visual and physical access to water in the Urban Environment and encourages enhancement of the waterfront. To ensure maximum public use, the Shoreline Master Program requires, industrial and commercial facilities to be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to nonmoterized transportation routes such as bicycle and hiking paths. The proposed broodstock facility and associated access road would provide unobstructed public access to the shoreline from mid -December to mid -September. When fish collection is in progress at the subject site (mid -September to mid -December) to the site a provision would be made to continue public access with minimal obstruction. In addition, the proposed access road is located adjacent to the Cedar River Trail, a non -motorized transportation route. The broodstock facility and associated access road meets the objectives and priorities expressed within the Shoreline Master Program Urban Environment. The proposed access road would be constructed up to the ordinary high water mark of the Cedar River but not beyond, the weir would be placed within the river. The applicant has applied for a Substantial Shoreline Development Permit for the work within the Cedar River. Renton's Shoreline Master Program does not have a specific buffer for a Class 1 stream; as such, the work up to the ordinary high water mark is not within a stream buffer area. Although, the project would permanently impact 717 square feet of priority habitat area of riparian vegetation within 25 feet of the ordinary high water mark of a Shoreline of the State. The applicants have proposed a mitigation plan to compensate for the permanent impact; which includes the enhancement of approximately 1,400 square feet of adjacent area. Non- native vegetation would be removed from the understory and replaced with a mix of native trees and shrubs. To minimize encroachment of invasive species from the surrounding areas; the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored Brood stock hexrpt08-018 City of Renton Department of Co.._.anity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 10 of 23 with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan (Exhibit 17-19). The FEMA Flood Insurance Rate Maps indicate that the subject site is within a 100-year Flood Hazard Area. The applicant provided a Hydraulic Analysis of the potential effects of the weir on the Cedar River at the subject location. The weir is a lightweight temporary structure that can be easily damaged by high flows. Therefore, the weir would be lowered when flows exceed a target flow of 1,500 cubic feet per second (cfs). The Hydraulic Analysis indicated the operation plan for the weir would be to remove the weir from the river, when large flood events are anticipated. This protocol would ensure that the weir is not damaged and there would be no impedance to the river that might exacerbate flood elevations. The maximum weir elevation examined in the hydraulic analysis is the elevation that occurs at a flow of 1,600 cfs. However, Tetra Tech expressed that there is no explicit modeling method for computing the head loss through a resistance -board weir. Therefore, they used three different modeling methods to determine the water surface elevations (WSELs). Based on the results of several analytical approaches the expected rise of WSELs due to the weir, is no more then 0.4 feet in the vicinity of the weir for low flows and would likely be less then 0.4 feet at high flows, when the weir is unlikely to have much if any effect. With regard to concerns about the weirs effects on erosion and/or scour of the river bed and/or banks, Tetra Tech provide a Geomorphic Analysis using empirical evidence from Alaska and California, where similar projects exist. The conclusion of this analysis indicates that no major scour has ever been observed during the operation of the weirs in California or Alaska. The applicant is proposing to closely monitor the geomorphic conditions in the river during operations of the weir. If needed, the substrate rail can be removed at the end of the fishing season or in the event of a major flood to eliminate the potential for scour. The Geologic Hazards include sensitive and protected slopes and seismic hazards. The proposed access road would start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river. This access road to the Cedar River would require some grading work, the estimated cut material is 380 cubic yards (Exhibit 11). Pursuant to the proposed grading plan, the access road would not be within the area of protected slopes (slopes with a grade of 40 percent or greater) (Exhibit 30). The applicants have proposed an erosion control plan to protect the Cedar River and provide erosion and sediment control (Exhibit 7 & 8). The plan includes such erosion control measures as silt fence installation, Bio-Bag and clearly marked boundaries to minimize accidental intrusion into the fish and wildlife habitat area during construction (Exhibit 16). It is anticipated that access road construction activities may cause slope instability and/or erosion. In the event that construction activities do result in slope instability and/or erosion, staff recommends as a condition of approval that the applicant provide a slope enhancement and restoration plan including maintenance and monitoring. The subject site is located in area of known archeological significance. Prehistoric use of and habitation near the mouth of the Cedar River Valley has been documented by previously investigated site in the vicinity of the project area. The applicants provided a "Cultural Resources Assessment for the Cedar River Sockeye Broodstock Site" prepared for Seattle Public Utilities, by Jana L. Boersema, of Cascadia Archaeology, Seattle, WA. The cultural resource survey of the project area included a pedestrian surface survey of the proposed access road and where possible, the perimeter of the limit of work (Exhibit 26). No prehistoric cultural material was observed in the survey although, a number of historic objectswere observed on the surface and in shovel probes through out the project area. These objects were generally insignificant fragments of metal, glass, coal, and brick and cement rubble. The report concluded it would be unlikely that construction of the road would cause disturbance to intact deposits containing significant prehistoric or historic cultural material. However, uncovering previously unrecognized cultural material during construction activities is still a possibility; as such, staff recommends as a condition of approval if any Native American grave(s) or archaeological/cultural resources are found all construction activity shall stop and the developer shall notify appropriate local and state agencies. Broodstock_hexrpt 08-018 City of Denton Department of Con pity & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page i 1 of 23 The subject site is vacant land that is primarily vegetated with native and invasive plants and shrubs, and Black Cottonwood tree species. Within the project vicinity approximately 14 trees of 6-inch caliper or greater exist (Exhibit 9). The project would require the removal of 5 trees, three of which are within 25 feet of the Cedar River (two red alders, 7-inch and 10-inch caliper, two poplar, 18-inch diameter and one 12-inch big leaf maple). All the trees proposed to be removed are within the riparian shoreline area of the Cedar River. All trees proposed to be retained would be protected during construction with fencing and signage. SPU is proposing to replace all five trees at a ratio of 2:1. The proposed mitigation and enhancement plan proposes the planting of 29 new trees, 8 of which are Black Cottonwood, 3 Sitka Spruce, 8 Douglas Fir, and 10 Western Red Cedar. 3. COMPLIANCE WITH ERC MITIGATION MEASURES NIA 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from 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 the report. 5. CONSISTENCY WITH SITE PLAN CRITERIA: Pursuant to RMC 4-9-200.E, "The Reviewing Official shall review and act upon site plans based upon comprehensive planning considerations and the following criteria. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation." The site plan review criteria include, but are not limited to, the following: (a) Conformance with the Comprehensive Plan. The subject site is designated Commercial/Office/Residential (COR) on the Comprehensive Plan Land Use map. The COR designation provides opportunities for large-scale office, commercial, retaii, and multi- family projects developed through a master plan and site plan process incorporating significant site amenities and/or gateway features. The proposed project would not be consistent with the COR Comprehensive Plan Land Use designation. Due to the use of grant monies to purchase the subject property, its potential for development has been restricted to recreational uses. The subject site is also incorporated into the Tri-Parks Master Plan, adopted by the City Council September 25, 2006. The COR designation does not address park properties within its purpose statement resulting in non-compliance with the Comprehensive Plan. In addition, the size and shape of the property does not provide a site conducive to large-scale office, commercial, retail, and/or multi -family development. Therefore, staff has found that any development proposed on the site would not comply with the Comprehensive Plan designation. The site being used as a broodstock facility and Cedar River access point would be the most accommodating use of the site with regard to policy. The flowing Comprehensive Plan Policies and Objectives do apply to the subject project: Objective EN-C: Protect and enhance the City's rivers, major and minor creeks and intermittent stream courses. ✓Policy Objective Met i i Not Met Policy EN-5: Degraded channels and banks should be rehabilitated by public programs and new development. Broodstock_hexrpt 08-018 City of Renton Department of Corr -inity & Economic Development Preliminary Report to the Nearing Examiner SPU broodstock Facility t_UA08-018, SA-H, CU-H, V-H, 5M PUBLIC NEARING DATE August 12, 2008 Page 12 of 23 ✓Policy Objective Met -1 Not Met Objective EN-K: Protect and enhance wildlife habitat throughout the City. ✓Policy Objective Met I Not Met Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. ✓Policy Objective Met -] Not Met Policy P-3: Develop a variety of active and passive facilities in a coordinated system of neighborhood and community parks. ✓Policy Objective Met ..l Not Met Policy P-52: Multiple uses of public open space should be provided. Interconnect the open space network. Include lands such as active and passive parks, schools, public open space, trails, private open spaces and native vegetation easements with public access easements, utility rights -of -way, waterways, and unusual open spaces (areas of protected habitat). ✓Policy Objective Met -i Not Met Policy P-55: Where feasible, encourage educational opportunities in public open space areas. -'Policy Objective Met -1 Not Met Policy P-104: Provide nature interpretation programs to increase awareness, understanding and appreciation of Renton's wildlife and natural resource areas. ✓Policy Objective Met I Not Met (b) Conformance with Zoning Regulations. The proposed broodstock collection facility and Cedar River access point is located within the Commercial/Office/Residential (COR) zoning designation and the Resource Conservation (RC) zoning designation. The majority of the project is within the COR zone except a small portion of the access drive and the temporary staging area for the broodstock collection staff. The purpose of the COR zone is to provide for a mix of intensive office, hotel, convention center, and residential activity in a high -quality, master -planned development that is integrated with the natural environment. It is intended to implement the Commercial/Office/Residential Land Use Comprehensive Plan designation. Commercial retail and service uses that are architecturally and functionally integrated are permitted. Also; commercial uses that provide high economic value may be allowed if designed with the scale and intensity envisioned for the COR Zone. The purpose of the RC zone is to provide a very low -density residential zone that endeavors to provide some residential use of lands characterized by extensive critical areas or lands with agricultural uses. It is intended to implement the Low Density Residential Comprehensive Plan designation. This zone promotes uses that are compatible with the functions and values of designated critical areas and allows for continued production of food and agricultural products. The COR zone did not specifically address the "use" broodstock facilities; as such, a Policy Decision was issued on April 28, 2008 by the Development Serviced Director, determining that broodstock facilities are similar in character to the definition of Natural Resource Extraction/Recovery (No appeals were filed for this determination). Therefore, a broodstock collection facility would be allowed in the COR zone subject to a Hearing Examiner Conditional Use Permit. The only portion of the project that is within the RC zoning designation is a small part of the access road and a staging area for the crew that would operate the broodstock facility. This has been determined to be considered and accessory use to the Natural Resources Extraction/Recovery that is allowed in the RC zone subject to a Hearing Examiner Conditional Use Permit. Broodstock_hexrpt 08-018 City of Renton Department of Cat .... ,unity & Fconomic Development Prekminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 13 of 23 The applicant contends the proposed broodstock facility is intended to facilitate in the recovery of a natural resource (salmon) by providing a mechanism to enhance the population of the fish. Density — When development involves residential, the minimum density in the COR zone is 30 dwelling units per net acre and the maximum is 50 dwelling units per net acre. As the project does not contain a residential component, the development is not subject to the density limitations of the COR zone. Lot Coverage - The COR zone allows building coverage to a maximum of 65% of the total lot area or 75% if parking is provided within the building or within a parking garage. As the project does not contain any permanent structures, the project would have a zero percent building coverage, which would comply with lot coverage requirements. Setbacks -- The COR zone setback regulations are determined through site plan review. The subject application does not have any permanent structures to be setback from property lines; therefore, setbacks are not applicable to the subject proposal. Landscaping — The COR zone on -site landscaping regulations are determined through site plan review, The subject project does not propose any formal landscaping although; the applicants have proposed shoreline vegetation enhancement and restoration as part of a mitigation plan for the 717 square feet of permanently impacted shoreline habitat area and 231 square feet of temporarily impacted area. The 231 square foot temporarily impacted area is proposed to be reseeded, upon completion of construction. In addition, the mitigation proposal includes the enhancement of approximately 1,400 square feet of adjacent area; non-native vegetation would be removed from the understory (including Himalayan blackberry; Evergreen blackberry, Japanese knotweed, English ivy, English holly, Scotch broom, morning-glory and bittersweet nightshade) and replaced with a mix of native trees and shrubs. The proposed plantings inc€ude 39 trees, 533 shrubs and 8.5 pounds of seed. The proposed trees include 10 Black Cottonwood, 5 Sitka Spruce, 11 Douglas Fir and 13 Western Red Cedar. The shrubs include 47 Vine Maple, 13 Serviceberry, 20 Dogwood, 26 Beaked Hazelnut, 42 Oceanspray, 26 Twinberry, 46 Snowberry, 32 Red Flowering Currant, 9 Sitka Willow, 136 Sand Strawberry and 136 Sword Fern. The seed includes 47% Blue Wildrye, 40% Red Fescue, 10% Tufted Hairgrass, 2% Western Mannagrass and 1 % American Sloughgrass. To minimize encroachment of invasive species from the surrounding areas the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan. Staff recommends as a condition of approval that the applicant comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages L1-L5 of the provide permit set. Height — The COR zone permits a maximum building height of 10 stories and/or 125 feet. The subject application does not propose any permanent structures; therefore, height restrictions are not applicable to the subject proposal. Pedestrian Access — The COR zone pedestrian access regulations are determined through site plan review. The subject proposal allows for improved pedestrian access to the Cedar River where historically citizens have been using the site to access the river without a designated pathway. The improved access drive would preserve and enhance the native vegetation on the site in the shoreline area by providing an easy accessible path to the waters edge. The subject project is proposed to serve as pedestrian access point for the Cedar River in addition to an access point for SPU's broodstock collection facility. The access drive would provide safe and easy access to the Cedar River for foot traffic that is not currently available on the south side of the Cedar River. The access drive would be accessed by pedestrians via the Cedar River Trail, a regional pedestrian trail system. The access drive would also be utilized as a pedestrian access point for the launch of small non- Broodstock_hexrpt08-018 City of Renton Department of Com,,,unity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 14 of 23 motorized water craft such as row boats, kayaks, canoes, and inner tubes for recreational water activities in the Cedar River. The only vehicular access permitted on the subject drive would be the fish transport truck for SPU to move Broodstock from the subject site to their Fish Hatchery at Landsburg, and possibly a hydraulic lift vehicle for transporting fish from the traps to the transport tuck. The public access point would not preclude pedestrians when the fish transport tuck is entering or leaving the access driveway. Parking/Circulation — The parking regulations do not address parking requirements for "Natural Resource Extraction/Recovery" and/or outdoor recreational activities. The applicant has proposed to utilize the existing parking for Narco Park. Staff recommends approval of the proposed parking plan for the following reasons: The newly created access point to the Cedar River is an improvement to the existing facility and does not create a new use at the site therefore; the access point would not increase demand for parking. Second, the broodstock facility is a temporary facility that would be utilizing the Narco parking area for approximately three months (mid -September to mid - December). Broodstock collection would be in progress after the peak summer season (Memorial Day through Labor Day) for park use. As such, the demand on the existing parking lot would be less and therefore, sufficient parking space would be available. In addition, the Tri-Park Master Plan has indicated that Narco Park would expand its parking significantly in the future, as part of the plan to redevelop the park per the Master Plan. Expanding or requiring changes to the existing parking lot at this time may be inconsistent with the Tri-Park Master Plan and therefore, would have to be removed at a later date, increasing cost to the City. The proposed access drive is across two parcels one of which is owed by WSDOT and the other is owned by the City of Renton. To ensure that SPU has permission to utilize the proposed access facility, staff recommends as a condition of approval that the applicant successfully obtain access easements from WSDOT and the City of Renton. (c) Mitigation of impacts to surrounding properties and uses. The potential impacts of the subject proposal to surrounding properties include visual impacts to the Renton Community Center and the activities that take place in the Cedar River Park. The visual impacts are proposed to be mitigated in the following manner: the applicant has proposed the smallest possible access drive to achieve their goal of broodstock collection, which results in the least amount of vegetation removal as possible (Exhibit 28 & 29). The applicant is preserving as many trees as possible along the south bank in addition they are providing additional plantings to mitigate for permanent impacts to the area (see criterion `(b)' above). To mitigate for the weir's visual impacts the applicants are proposing public outreach and education. This includes fixed interpretive and educational panels, two 2-foot by 3-foot freestanding panels along the river's right bank above the weir. Panel one would be entitled "Lifestyles of the Fish and Famous" addressing what is in the river (sockeye, Chinook, coho, steelhead, rainbow trout, suckers, cutthroat, and whitefish), when they are in the river, developmental phases in the river, diagram of life cycle of anadromous/freshwater fish, and sockeye in the Cedar River. During broodstock collection (the only time the weir would be in the river) the above sign would be replaced with a interruptive sign addressing broodstock operation, hatchery, Muckleshoot Indian TribeNVDFW co -managers of sockeye fishery, adaptive management, and sockeye life cycle. The second sign would be entitled "Born to be Wild: Native habitats and plants". This sign would include information on plant identification and specific animals they support, erosion control, riparian zones, how people can help salmon and native habitat at home. In addition to the interpretive signs, SPU is also proposing an interpretive kiosk on the left bank overlooking the broodstock weir. The four - panel kiosk would include five main topics, with the last two installed on a rotating basis, depending on if the weir is in operation. The five topics are as follows: 1) Overview of the regional trail system, 2) Rules and Regulations, 3) History of land ownership and use, 4) Sockeye in the Cedar (seasonal sign posted during collection phase), and 5) Source to Sound and Faucet (posted when not collecting sockeye). Over time, the subject signs may Broodstock hexrpt 08-018 City of Renton Department of Com,,,unity & Economic Development Preliminary Report to the Hearing Examiner SPU broodstock Facility LUA08-098, SA-H, CU-H, U-H, SM PUBLIC HEARING DATE August 12, 2008 Page 15 of 23 deteriorate and/or be vandalized and repair and maintenance would be needed. To ensure that the proposed educational outreach signs and kiosk remain in good repair, staff recommends as a condition of approval that SPU be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. (d) Mitigation of impacts of the proposers site plan to the site. The site plan would have impacts on a shoreline of the state as discussed above (in criterion 'b'). A mitigation plan has been proposed including a five year maintenance and monitoring plan. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). This includes but is not limited to silt fencing, Bio-Bags and a Turbidity Curtain. (e) Conservation of area -wide property values. The proposed community access and broodstock collection would enhance what is a currently a vacant and unimproved site. The project is expected to conserve and potentially enhance area -wide property values, with the addition of a new pedestrian access point to the Cedar River. The shoreline enhancement/mitigation plan would remove invasive species from the project site, which is anticipated to improve the quality of the subject property resulting in increased property values. Moreover, the existing vacant site has indications of vagrants using the property as a "resting place" in addition the site has been scattered with litter. The location of an access facility on this site would increase visibility and pedestrian activity keeping the area safer. The mitigation proposal would clear the site of trash and during broodstock collection there would be staff members on site 24 hours a day 7 days a week, resulting in added security. (0 Safety and efficiency of vehicle and pedestrian circulation. Ingress to the site is proposed from Narco Road on the south side of the Cedar River to the rivers edge by crossing the Cedar River Trail down the south bank of the Cedar River. The applicant has proposed to place removable bollards along the south side of the Cedar River Trail to prevent unauthorized vehicles from accessing the drive. The drivers of the fish transport tuck would yield to pedestrian traffic on the Cedar River Trail, which would ensure safe and efficient vehicular and pedestrian circulation. During construction of the access roadway, the Cedar River Trail would be temporally closed. The applicant has proposed to provide a pedestrian detour around the construction site with temporary asphalt and signage (Exhibit 10). Staff has determined the detour and signage would be satisfactory for pedestrians using the trail on a regular basis. Although, the City of Renton uses the Cedar River Trail for public sponsored events annually, some of which are Renton River Days and the Candy Cane Fun Run. In order to ensure construction of the access drive does not interfere with public sponsored events; staff recommend as a condition of approval that site construction be timed to not interfere with City sponsored public events planed along the subject portion of the Cedar River Trail. The weir would be placed within the Cedar River, which supports non -motorized boat traffics and moderate recreational use, especially in the summer months. A boat passage cap in the weir structure would allow for safe boat passage and other forms of non -motorized water craft movement over the top of the weir. The weir has many safety aspects inherent in its design for passing objects and not trapping surface objects and safety would be augmented with operational elements (monitoring, cleaning, etc.), buoys, safety lights, and warning signs. Signs for river users would be posted upriver at Riverview Park and along the riverbank between Riverview Park and the weir. The applicant indicated that throughout the season, the weir and its operation would be evaluated to identify potential risks and immediate action would be undertaken to eliminate or minimize those risks. In addition, there would be signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. In addition, there are safety concerns for the proposed cable that is proposed to be seven feet above the ordinary high water mark (OHWM) of the Cedar River. During higher flows the seven foot clearance would be reduced causing safety issues to recreational boaters and kayakers who frequently use the river, specially during higher flows. Do to the number of Broodstock_hexrpt08-018 City of Renton Department of Con .... unity & Economic Development Preliminary Report to the Hearing Examiner SPU broodstock Facility LUAOS-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 96 of 23 safety concerns to pedestrians and recreational boaters, staff recommends as a condition of approval that a safety management plan be provided to the City of Renton for review and approval. (g) Provision of adequate tight and air. The subject project does not propose any permanent structures. Do to the nature of the proposed project, staff expects the project site would provide for adequate light and air. The applicants submitted a lighting plan for the subject site that indicates three light poles would be provided on site. The first two are located along the south side of the access drive the third is located south of the ordinary high water mark of the Cedar River and west of the access drive. The third pole has two lights mounted; one to illuminate the access drive the other to illuminate the weir. The proposed lighting plan appears adequate to sufficiently light the area of work during periods of low light. In addition, the applicant provided a luminaire schematic (Exhibit 25) that indicates all proposed light fixtures would cast light within the property boundaries of the subject site; except for one of the proposed lights on pole number 3. This light would shine out into the Cedar River to illuminate the weir, as to aid the workers in clearing and/or cleaning the weir of debris at any time of day. This light would only be used when necessary in order to prevent adverse affects on aquatic life within the Cedar River. (h) Mitigation of noise, odors and other harmful or unhealthy conditions. It is anticipated that noise and air quality (dust) impacts consistent with typical construction practices would result from the initial construction of the site. These short-term impacts would be mitigated by the applicant's construction mitigation plan. In addition, the applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays or after 8:00 pm and no work is permitted on Sundays. During broodstock collection, the applicant has proposed to locate refuse and recycling containers for staff within the utility/equipment trailer. The contents of the refuse and recycling containers would be removed weekly (or more frequently if necessary) and managed off -site. There would be a wastewater holding tank built in to the "residential" trailer in order to provide restroom facilities to staff. Wastewater tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. As proposed, staff does not expect the refuse, recycling or wastewater tank to create any harmful or unhealthy conditions. Upon project construction, staff does not expect the proposed development to generate any harmful or unhealthy conditions. Noise impacts associated with increased traffic and activities resulting from the completed project would not increase significantly above existing conditions in this area of the City. (i) Availability of public services and facilities to accommodate the proposed use. Fire Department and Police staff indicated existing facilities are adequate to accommodate the subject proposal. The project would not require the use of a sanitary sewer connection. Restrooms would be provided for broodstock collection staff within the temporary trailer. The applicants have indicated the waste water holding tank within the trailer would be pumped once a week or as needed. Seattle Public Utilities is proposing to extend water service and electricity to the site. The combination of existing facilities and proposed facilities would accommodate the proposed use. (j) Prevention of neighborhood deterioration and blight. The proposal would redevelop an existing vacant site. The development would include the construction of a new access point on the Cedar River from an existing pedestrian trail (Cedar River Trail) with associated native landscaping improvements (see criterion 'e' above). The improvements planned within this project proposal are expected to increase property values; therefore, staff does not anticipate neighborhood deterioration or blight to occur as a result of this proposal. Broadstock_hexrpt 08-018 City of Renton Department of Com„unity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 17 of 23 6. CONSISTENCY WITH CONDITIONAL USE CRITERIA., Section 4-9-030.G lists 11 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application. These include the following: (1) CONSISTENCY WITH THE COMPREHENSIVE PLAN, ZONING CODE & OTHER ORDINANCES: The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. (a) Comprehensive Plan Land Use Element The subject site is designated Commercial/Office/Residential (COR) and Residential Low Density on the City's Comprehensive Plan Land Use Map. See staffs consistency evaluation in "Site Plan Consistency" section 5 above. (b) Zoning Code See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (c) Development Standards See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (2) COMMUNITY NEED. - There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Hearing Examiner shall consider the following factors, among all other relevant information: (a) The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The applicant contends that the proposed location of the broodstock facility would not result in the over -concentration of this type of facility within the City of Renton. There can be only one fish collection facility of this type on the Cedar River within the City of Renton and the immediate area. Staff concurs that there are no other existing or proposed broodstock facilities with in the City of Renton; as such, an over concentration of broodstock facilities is not anticipated. (b) That the proposed location is suited for the proposed use. The applicant contends the proposed location is well suited for a public access point and the broodsock collection facility. The access point would be across the river from the Cedar River Park and adjacent to a public parking lot that is primarily used for the Cedar River Trail access and parking. In addition, the applicant has indicated that the proposed project would benefit the community at large. The construction of a trail to the edge of the Cedar River would allow public access to the river. The access can serve as a boat launch for small non -motorized boats such as kayaks or canoes that can be carried from the upper parking lot to the river. The removable weir would be in place from mid -September to mid -December and would be stored off -site when not in use, providing full and unobstructed access more than eight months out of the year. Staff concurs with the applicants conclusions that the proposed project would benefit the community at large. The project is proposed at a location suited for the proposed use and would not result in an over concentration of a particular use within the City. Broodstock_hexrpt08-018 City of Renton Department of Co rnity & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 18 of 23 (3) EFFECT ON ADJACENT PROPERTIES: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (a) Lot Coverage: Lot coverage shall conform to the requirements of zone in which the proposed use is to be located. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (b) Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (c) Height: Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, belltowers, public utility antennas or similar structure may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding used in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures_ See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. The applicant contends the proposed facility would not result in substantial or undue adverse effects on adjacent property; because the proposed facility is compatible with 1-405, the Cedar River Park, and Narco Park, which are all properties within close proximity to the subject site. Staff concurs with the applicants conclusions that there would not be substantial or undue adverse effects on adjacent property. (4) COMPATIBILITY. - The proposed use shall be compatible with the residential scale and character of the neighborhood: The applicant contends that the proposed use is compatible with the residential scale and character of the neighborhood. There are no residences in the immediate area of the proposed facility and the access road would be located off of the existing Narco Road, which currently is blocked to vehicle traffic immediately east of the access point. Staff has reviewed the proposal and concurs with the applicant; that the proposed use would be compatible with the scale and character of the neighborhood. Although, the subject project includes some inherent unpredictably as to how it functions and its compatibility to the site and surrounding areas; as such, staff recommends as a condition of approval that the Conditional Use Permit be limited to a time frame of five years. (5) PARKING: The proposal does not include any parking spaces. A 15 to 20-foot wide drive aisle is proposed and it is anticipated that the fish transport truck would park in the drive aisle. The applicant has indicted that the existing parking lot that is used to access the Cedar River Trail, would be used for staff parking and for the temporary trailers. It is anticipated that in addition to the temporary trailers, 2 to 4 parking spaces would be used by the broodstock facility employees while collection is in process. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. Brood stockhexrpt08-018 City of Renton Department of Co ....... inity & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 19 of 23 (6) TRAFFIC: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area. The applicant contends the project would have some impacts to both vehicle and pedestrian/bicycle traffic in the parking lot area during the collection period. From one to three times a day, the fish hauling truck would access the site via the parking lot and cross the Cedar River Trail to drive down the river. Signs would be mounted in both directions on the trail warning users approaching the site of potential truck crossing ahead. See additional evaluation above in "Site Plan Consistency" section 5, Safety and efficiency of vehicle and pedestrian circulation. (7) NOISE, GLARE. Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on -site parking areas, outdoor recreational areas and refuse storage areas. The applicant contends the operation of the broodstock facility would create some additional noise, but given the close proximity to 1-405 it should be neglible. The proposed lighting system would be designed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system would be on a separate circuit, to be activated only during fish collection operations. See additional evaluation above in Site Plan Consistency section 5. (g) "Provision of adequate light and air". (8) LANDSCAPING: Landscaping shall be provided in all areas not occupied by building or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. The applicant has indicated that a comprehensive landscaping plan has been proposed for the project site. The plan includes the clearing of noxious weeds (blackberry, Japanese knotweed, ect.) and replanting the area with native and non- invasive trees, shrubs and other plants species. Staff recommends approval of the landscaping/mitigation plan as the majority of the project is within critical areas. See "Conformance with Zoning Regulations" (b) evaluation in "Site Plan Consistency' section 5 above. (9) ACCESSORY USES: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located. The applicant contends there are no accessory uses planned for this site. For the purposes of staff's evaluation, the temporary trailers are considered an accessory use to "Natural Resource Extraction/Recovery" within the RC zone. Accessory uses to "Natural Resource Extraction/Recovery" is allowed within the RC zone subject to the approval of a Conditional Use Permit. Staff is recommending approval of the Conditional Use Permit. (10) CONVERSION: No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter. No conversion is proposed. Broodstock_hexrpt 08-018 City of Renton Department of Corr —,unity & Economic Development Preliminary Report to the Hearing Examiner SPU broodstock Facility t_UA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 20 of 23 (11) PUBLIC IMPROVEMENTS: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services. Approval of a conditional use permit may be conditional upon the provision andlor guarantee by the applicant of necessary public improvements, facilities, utilities, andlor services. The applicant contends the proposed project would not impose undue burden on any public improvements, facilities, utilities or services. During the fish collection season, a portable trailer would be located onsite to house operation staff 24 hours a day, 7 days a week. In addition, a smaller equipment trailer would be placed adjacent to the living quarters to allow for storage of equipment and clothing. A 3/-inch water service would be installed to provide potable water to the upper portion of the project site. Refuse and recycling containers would be placed in the utility/equipment trailer and their contents would be removed weekly and managed off -site. Restroom facilities would be located in the trailer designated as temporary living space. There would be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities would be separately metered and usage would be paid for by SPU. 7. CONSISTENCY WITH VARIANCE CRITERIA: Section 4-9-25013.10 Lists 10 criteria that the Hearing Examiner is asked to consider, along with all other relevant information; in making a decision on a Variance application. These include the following: (1) Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served: The applicant contends the subject project is consistent with the Comprehensive Plan specifically the following policies: Policy EN-2: Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply energy production and open space. Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. In addition, the applicant has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies. One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period. Staff has reviewed the request and concurs that the placement of the broodstock facility along Cedar River near 1-405 crossing is the best location to serve the public's health, safety, and welfare. if order to utilize the subject location for this purpose the least amount of trees to remove would be five. The applicant is requesting the minimum necessary to construct a functioning broodstock facility and Cedar River access facility. Brood stock_hexrpt 08-018 City of Renton Department of Go ... i,.unity & Economic Development Preliminary Report to the Nearing Examiner SPU broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PU81_iC NEARING DATE August 12, 2008 Page 21 of 23 (2) Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies: The project is located in an area primarily designated as Commercial/Office/Residential and borders on a Resource Conservation zone. The two land use policies of particular relevance to the proposed project are as follows: Policy LU-62: Natural and cultural resources should be identified by project proponents when applying for land use approval, as part of the application submitted for review; and Policy LU-90: Siting of regional facilities that are specialized (e.g. landfills, maintenance shops) or serve a limited segment of the population (e_g. justice centers) should rely more strongly on the special locational needs of the facility and the compatibility of the facility with surrounding uses. The applicant has indicated the proposed broodstock collection is a very specialized regional facility that must be located on the river. The adjacent land uses, the 1-405 transportation corridor and Renton's Narco Park are compatible with the proposed facility. Staff has reviewed the subject proposal and has determined the proposal conforms to the Comprehensive Land Use Plan and the Tri-Parks Master Plan. As such, staff concurs with the applicants conclusions. The removal of the five trees in the shoreline area would be necessary for the broodstock project and access facility to be constructed. The applicant has provided a mitigation plan that includes enhancement of the shoreline for the loss of trees and five -years of maintenance and monitoring. (3) Each facility must serve established, identified public needs. - The applicant contends that the proposed project serves established, identified public needs as shown in the Landsburg Mitigation Agreement and in the City of Renton's Comprehensive Plan Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Staff has reviewed the variance request and concurs that the removal of five trees to provide a broodstock facility and public access facility would serve an established and identified public need. (4) No practical alternative exists to meet the needs.- SPU considered the following alternatives: A) SPU contends that relocating the driveway within the proposed location further east or west would result in the loss of additional and/or larger trees. B) In addition, SPU contends that if no trees are removed then there would be no driveway to the water's edge. Fish could not be moved by crane from the river to a truck. Thousands of salmon would be transported by hand from the river to the roadway, which would be much more stressful to the captured sockeye, much more time consuming and riskier for the workers transporting the fish. Based on the applicant's justification for the site selection, staff concurs that the proposed variance is the minimum necessary to accomplish the desired purpose. (5) The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts: The applicant has indicated that the lost trees would be replaced at a 2:1 ratio. The proposed driveway has been located to avoid to very large cottonwood trees. The applicant proposes to compensate for the permanent loss of 717 square feet of riparian vegetation in the shoreline area by enhancing 1,400 square feet of adjacent buffer. The enhancement activities include removing non-native trees, inciuding a Brood stock hexrpt 08-018 City of Renton Department of Co ...... unity & Economic Development Preliminary Report to the Hearing Examiner SPU Sroodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 22 of 23 substantial number of conifers. In addition, approximately 9,950 square feet of additional area would undergo invasive species removal and would be restored with native trees, shrubs, and groundcover. Staff concurs with the applicant's conclusions that the project proposal takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. (6) The proposed activity results in no net loss of regulated wetland or stream/take area, value, or function in the drainage basin where the wetland, stream or lake is located: The applicant contends that the proposed project does not result in a net loss of regulated wetland or stream/lake area, value or function. The proposed project would remove five trees (poplar, red alder and big leaf maple). The vegetation would be restored in the manner describe under criterion 5 above. Staff has reviewed the mitigation proposal and concurs that the project would not result in a net loss of regulated wetland or stream/lake area, value or function. (7) The proposed activities would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State: The applicant contends that the proposed project is designated to enhance salmon recovery in the Cedar River. The proposed action requiring a variance would not jeopardize the continued existence of endangered, threatened or sensitive species. Staff concurs with the applicant's conclusion that the proposed activity would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. (8) That the proposed activities would not cause significant degradation of groundwater or surface water quality. - The applicant contends that the proposed activities would have no effect on groundwater, and they would not cause degradation of surface water quality. Staff concurs that the proposed activities would have no effect on groundwater or surface water quality. (9) The approval as determined by the Hearing Examiner is a minimum variance that would accomplish the desired purpose: The applicant contends that this is the minimum variance necessary. The variance would allow a driveway to be built to the river's edge. The driveway would be sited to avoid removing even larger existing cottonwood trees. If the applicant only removed the three trees in the direct path of the driveway and access road, the remaining two trees would be a hazard to workers, as the root zone would be severely damaged and leave the trees vulnerable to falling. Staff has reviewed the proposal and concurs with the applicant's conclusions that the removal of five trees within the shoreline area is the minimum necessary to accomplish the desired purpose. (10) The proposed variance is based on consideration of the best available science as described in WA 365-195-905: The applicants contends that the proposed site was recommended in the Cedar River Sockeye Hatchery Project Final EIS, dated March 2003. The EIS was prepared by Seattle Public Utilities, R.W. Beck Inc. Adolfson Associates, Inc., and Tetra TechiKCM, Inc. Scientist and fishery experts within these organizations assisted with preparation of the EIS. In addition, the applicants have indicated that the proposed mitigation plan (described above in criterion 5) was prepared by Tetra TechiKMC, Inc. and the Watershed Company, and follows standard vegetation restoration practices. Broodstock hexrpt 08-018 City of Renton Department of Com,nuoity & Fcanomic Development Preliminary Report to the Hearing Examiner SPU 8roodstock Facitit LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DA TF August 12, 2008 Page 23 of 23 Staff concurs that the proposed variance request is based on consideration of the best available science_ In addition, the FEIS was appealed five times though the Washington State Court System and was deemed adequate. G. RECOMMENDATION: Staff recommends approval of the Site Plan Review, Conditional Use Permit and the Variance for the SPU 8roodstock Facility, Cedar River Access Facility to be located along the south bank of the Cedar River at 1-405 bridge and immediately upstream of the bridge (parcel numbers 172305-9179 and 172305-9014). Project File No. LUA08-081, SA-H, CU-H, V-H, SM subject to the following conditions: 1. The applicants shall successfully complete a memorandum of agreement (MCA) between SPU and the City of Renton for the management and use of City property. The MCA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to operation of the broodstock facility. 2. Site Construction (anticipated to be approximately two months) shall not interfere or hinder City sponsored public events planed along the subject portion of the Cedar River Trail, including but not limited to Renton River Days and the Candy Cane Fun Run. 3. If the construction of the access road causes slope instability or erosion. The applicant shall provide a slope enhancement and restoration plan approved by the City of Renton Department of Community & Economic Development, Planning Division project manager. A maintenance and monitoring plan for the approved enhancement and restoration plan would also be required. 4. The applicants shall be required to adhere to the provided Cedar River Access Facility Management Plan, dated June 30, 2008. 5. This Conditional Use Approval is valid for a period of five years. Prior to expiration the applicant shall provide the city with a written request for the subject Conditional Use Permit to be reviewed by the decision maker to determined if changes are warranted and/or if the agreement can be extended an additional five years. 6. Prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the concerns of SPU's proposed broodstock facility on the City's ability to meet the requirements of the Hydraulic Permit Approval #G1503-1 (Cedar River Section 205 Flood Hazard Reduction project). 7. The applicant shall be required to provide a safety management plan to be reviewed for approval by the City of Renton's Human Resources/Risk Management department prior to operation of the broodstock facility. 8. Applicant shall be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. 9. Applicant shall successfully obtain access easements from the Washington State Department of Transportation and the City of Renton prior to operation of the broodstock facility. 10. If any Native American grave(s) or arch aeologicallcultural resources (Indian artifacts) are found all construction activity shall stop and the ownerldeveloper shali immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation. 11. The applicant shall be required to comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages 11-1-1-5 of the provide permit set. Brood stock_hexrpt 08-018 E4 - 08 T23N R5E W 1/2 9 RD -1 1 1 _1 CA CA L IH CA' a LJ N am Si 71 -1 R-1° -1 -1 -1 -1 .... R- 10 10 10 10 - 10 R- CA CA CA CA CA z R - R 10 ... N Manan S1 UC-N1. ... z R 8 ft_8 R-$ R-8 R-8 _ CN R-8 R-8 R-8 R-8 R-8 CA ` ..... CN CA c m S TRR-S CN R8 CA R-8._ .. -_. R-BR-1DR 8 R-8 R-6 5 R-R-B R-8LU R-8 a !°C R-8 z R-B - Li . 4 n ......_... hin6—St R � R$ h aid st C a R-8 R-8 CA CA CRM U R-8 �R ..R.-B .. ....:................... ...1.0. CA - CA ¢e RM-U _...... CA ysa day s'ramr st -1 C R-1 D CA 1 4 4 co � CD RM-U RM-U CA w` Q" c " J n N s p � CA m" ry I� CD RM-U CD�gfaA, J C 5 4 cD cD g CD �j[// Wy 52nd St c ca f �-144' N CD CD Ca my - CD �F CD CD CD. CD4 ".5<,.. 40 a CD M a .n ` h, Aye G=I CD CD CD CD CD o CD c .. _.. cD CD CD g C ❑ _ R-8 ' RC 54LS7 S43 St CD ca CD Co c❑ .. C❑ R R-8 ..... RM RM- RM- RM- T T U U 0 U.. S V St s Rh Rail- RC m RM- T RM-U ...CD R-8 _. . RV.-U R-8 5 61h SI .... CO ` RM-U - R 8 CD CCA A G4 - 20 T23N R5E W 1/2 F4 - # ZONING © ° 29° a°° 17 T23N R5E W 1/2 *ti"� _ PW'TFCHNICALSER\'ICESFeet 07rl5ma 1:a.aoD ti317 ZONING MAP BOrK 92 , 93 455 456 459 461 jr B 1 B2 B B B6 71 26 T24N 1 25 T24N R4E - 3o T4R5E 2N �9 T24N R5 28 T24N R5E 74 2T2N R5E 26 T24N R5E 81 94W 455W 457 458 460. 464. ... C1 2 C3 ". 4"- 5 C6 --C 71 35 T24N R4E 38 T24N 1 306 307 ­­ 131 T24N R5E 11W8 32. 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Adjacent City Limits KRO'LL PAGE PAGE# INDEX SEC�:iO1VNILWVE leis tl^cu e„ �s ^a tice �pn'ecent-4WD � 4va cnteed ;rJ �r; 1�•r Vbrsl .+lo nclia oLle cis orl \M1rYJulr 9M1s+n. Tics +'Poscs�i/ �Y Department of Community • . & Economic Development �F ? Alex Pietsch, Administrator Adriana Johnson, Planning Technician Produced by City of Renton (c) 2008, the City of Renton all rights reserved. Na warranties of any sort including but not limted Ie accuracy, fitness or ^erehanta�'Lity accempary this product. (=City Limits (:jPAA Boundary Land Use 2008 Landuse CC -Commercial Corridor CN-Commercial Neighborhood Legend COR-Comm emial-Office-Residential CV-Cente r Vill age EAI-EmploymentArea industrial EAV-Employment Area Valley " RLD-Residential Low Density RMD-Residential Medium Density Parcels 1723059014 & 1723059179 Renton Comprehensive Planning RMF-Residential Mufti Family IRS -Residential Single Family RSF-Residential Single Family UC-D-Urban Center Downtown UC-N-Urban Center North July 30, 2008 N 0 500 1,000 Feet 14� 1:10, 000 File Name tFl)NSP'GIS_projectslvicinity_i�rapsl parcel_1723059014_Penton_cornplari. mxd r-Anirs1 1 .s CONSTRUCTION DRAWINGS FOR CEDAR RIVER ACCESS FACILITY FOR SEATTLE PUBLIC UTILITIES, SEATTLE, WASHINGTON — EATTL_ G _ 9C 5❑ sa RC _ N 97 09 - - 99 - CC RENTa4- fis - CEDAR RIVER ,c gg ACCESS FACILITY;,,��,T D9 16 III MAPLE 4 VALLEY e _ KENT Lam, A,1�.�„ 2f'- 169 Ir FOVR ` CORNEAS (Slgl Mll) 16 99 AUBURN VICINITY MAP NOT 70 SCALE ®TETRA TECH 1420 Fiflr, Avenue, Suile 6OO S9aBla, W.3"- ton MO1 20&88183DH Felt: 7OE-BHJ9,iG1 PROJFCT SITE INFORMATION PRC„AR EC' EA, TONING BASIS GP BEARING W'ASHINGTON NORTH ZONE. NAO '83/9). BASED UPON WSDOT mON. IC899 (Y RED BRASS DTSK N CONCRETE) A, WSDOT MEN. ID 52.11 (3.25' Oxon EVANS & ASSOC. ALUMINUM DISK} FOR FELL DESCRIP'IDN OF POTKTS REFER TO WSDDT GEOGPAPNTC SCR,ICES CATASASE LOCATED AT WA1o.WS0CT.WACOv/MONUMENT -Y=QAL DATM NORTH AMERICAN 'AERTICAL DATJM i9BB {NAYS 'BE). EASED JPOK WSDOT MON. :C '5237 (3.25' DAVID CvAnS & ASSOC. ALVMLNUM D151<)„ LISTED ELEVATION_ - 45.55' INDEX GI PROJECT VICINITY MAP, INDEX, LEGEND, PRO.ECT MISC IN-RMATICN, SURVEY DATUM BLOCK G2 E%6TWG' GDNDLTIONS/TOPOGRAPHY C3 DEMOLF.ION PLNH G4 ER CSIDN CDNTROL PLAN G5 EROSION CONTROL DETAILS GB TREE, INVEKTORY CI SITE LAYOUT PLAN C2 S7E GRADING PUN C3 Dra DETAILS C♦: ACCESS ROAD PLAN AND'PRCTILC. CS JTTLLTY PLAN C6 KIOSK AND INTERPRETIVE SIGN DETAIL$ 1_1 UMET OF WORK 1_2 BUFFER IA'Ti 0ATICN LAYOUT LJ SITE RENTGETADON 1_4 REvECETAT104 NOTES AND DETAILS L5 PUNT SPECS. k MITrSATION NOTES E1 ELECTRICAL PLAN E2 ELECTRICAL DETAILS Es ELECT DETAILS & FIXTURE SCHEDULE E4 ELECTRICAi SPECIEI NONS E5 ELECTRICAL SPECIFICATIONS (CON'T7 PROJECT CONTRGt POINTS KING COUNTY PROJECT NUMBERS PROJECT MJMT R PROJECT OWNER CITY OF SEATTLE / SEATTLE PUBLIC UTTJaS ADDRESS' PO eox 34018 SEATTLE WA 9B124 CONTACT PERSON: CHARLES MACDEN PHONE. (206) B34 5977 PROJECT ENGINEER/CIVIL TETRA TECH ADDRESS, 142D FIFTH AVENUE SUITE 600 SEATTLE WA 981D'. CONTACT PERS011:0OHM MCGLENM PHONE: (2C6) sm-9300 E� GEND E6?71O ■ uaruMEhr • REEAR & CAP N R11 wATLR w1DE b WETAL WN POST STOMP OkAW sa WON) %N POST SN4TARY SEWER Q1 SUQT/AY SEWER ILWHDLE -- AI➢IE O STDRM DRAM UAICH 11 WS GTL'N Imsm ® WATER NFNNULE Ap WATER VALA FM WORM". ■ WATER DETER m : As Y&VE One GATE K, T _`E.DUWS THEE ER�SR PUS NOMTR BOUND BRGICE COLDMNS a OUCT7E NON PLWT FIDRIFe71C FASIWC HSVAIICN DFj1;RPI17Fl I I1e037.33 I}D2311.W 112.38 3 WSUOT ERISS DISK 1N COME : YARKTO 'CP17465-0. wSCQT MOIL O 609 3 17F.4T6a1 13p2M,O AS.BS 3,25 GM CANS k ASSOL. AilYdI111Y DISK wSDOI WON ID 5237 3 17 .II '�T027HO.47 Is, 5 a R[5Ut wRN'AEO EK'A GOINRC! w 1 1782 57 . 'M2Ab4.97 1 47.2, PK KNL W NGwA51(�N 5 'ITe22].!9 130257T.10 49,eH PK MtiL w MCA wA5r0t WPM OVER FOR AOVERTIS.NG —c orz) s xlo wic Wi11ALs . GA'E KENMETH I 1JAI(ATSU - PEPARTMEE+T DF EXECUTvE ACMPISTRAP.DII sEArnc wAs+,ewTo 22 W''tl' ♦5 pryr EXHIBIT 4 FROPCSED —Xx— SIT 17110E AND 111-11GS —I— TREE PROTECTION PENCE TEUPuwy CONS TRVCTICW FLNCE �f 'DNSIRVCTI'JN (��d En7ftANCE m­ 1' CONTOUR SB 5' CONTOUR 1 PERVIOUS COnC u RAVING ASPHALT PAVLNr CONE SIDEWAY oP-{5 6EFOR2, LIMIT OF WORK �--f.— THEE DRIPLPIE n � — - ORDIM.W HIGH WATER 5 TWO O-424_hhh LT.LIRES UNDERGROUND PERMIT SET LOCATION CENTER G' PROJECT VICINITY MAP, INDEX, LEGEND PROJECT MISC INFORMATION, SURVEY DATUM BLOCK e■nre City of Seattle CEDAR RIVER cTDoo32 Fubllc � R�r IJF171I�fBg C1tucK Gl•Ik., DI,ec1eT ACCESS FACILITY C6 VAULT FUN W0. _ 776-237 rA1c o<rrr-re�y .00� sl+¢- t a 22 III s 0 TO d 0 O - Q. Z o M V P eo � 4n � 3 Ln I 7 N LLI , U C� Z V) LiJ can Q U I fig r-_ LO 2 W fig r-_ LO 2 W EXHIBIT 6 EXHIBIT 7 !'T" -A"sTABkliEc �aVSTRLcn3NN'RA40E PER C.' O:' PENTCN STMOKRU WAIL ME! I$ RE:OMMEhGEc TWAT -r+E {Xt' ENIRAWE BE CRU4NEC SO THAT POW, OKAINE OFF tAE PRO R - 25' MW COBBLES ARE E09 A TEMPORARY ACCESS ROAU, 'D HE REHI FON F_NAL ROAC EDNSTRUi. T:CN 1'-IY QUARRY $PALLS J �' OEOT:xTtf 'Y MIN. THICK4k5S --T- ''�PHOVEIE FULL MTUTN OF TORERSIEGRES$ ARE, ^TETRA TECH 112P M. RvenUe, So la 66J SeanlA, Vrhsaingmn g$!: I 2U&EE1.IM r-1E8l 92�1 y� fr• 0lIHLZr[ # nsAs CN S SMr CN PLAN m j I I sCINTS IN KLTJP FABRIC SlI BE SPLCED Al POSTS. USE STAPLES. w➢RE RAGS. OR EOUNALENT TO ATTACH FABRIC 70 FOSTS. YaY By r4 Go WFIE OR- C431, ENT, lF STANCARC 5TRENG7N FABI USE7 {1 I FILTER FABRIC II I MhIIYUV L1• x4• rnN1ENO% NSTPE rCI LF.NCH vnH� POST'PACIFI C OE e+.cNFASEO IO IF B' :F 'IRE BACKING IS USED YP4' 'I PC.T5, STEELA NaTE. FILTER FABRICFENCES SHALL BE FENCE ho5T5. PEEAR, OR NI ALONG CGNTOu4 wTN{NEVER E7-1ffALE1T Pvssls`£ STLT•FENCE INS164&TJOD I \.ram �.' � ( ��"• i.P 'u5 Tacx •AKrc O.C. IYP TREE FROTECTTCN FENCE N-T.s. Una- ------`-'--i1 STEEL '1' PJST ' 3 �KEN4ETNr JR 4ANA'SJ Irr., wW[ OR rlrw An. :wrF ��I' - -.•. "'.• :"FMTWhT :r Ex ZLTK'; MwmsEFAicN a u ea Ts su`nx. N..sNOIc.aN :o rm` GE.TE%TIL£ rILT=R FRBN3C SKIRT EXHIBIT 8 R 811 11 P,FOACEME4T 5FE NaIE, FOR SILT FENCE CONSTRUCTICH SEE f a.a NOTES- PLACE flo-DNGS ON PPPAO%iMATk l EITHER SIDE OF A SILT FENCE ACROSS ORCH ANC PU" BIO-64CS TOCETRER MR 1": 2, rxIEND SEDIMENT Ew pI 6,EACH S'OE OF (WNNEL IIOTTOM Q10- Q AND SILT FEbCE,,WMFNT BARRIER GCNE.RA_ 4ROSION PREvENft6N & SECIMENT CONTROL NCIE5 I. 1. EW)Wh AND IEDIMEMa CONTROL MEASQRM uE TO BE PVLED —CM TO ANr LAUD DISTUR&NG ACIM1TfY CAUSED E, CL ING W ON'LIHG, THE FAOSION ARE SECBIENI CDNIR01. MEASURES SHALL BE S . ME HED AND CONSTRU ID IN AOGOPDANCE +1""N TNC Taq .— w NH — Y s .Mf I.ARM vERSICN or GWERAL RMOU101I ANO STAHDAHD p "Ls ­WNO ATHE wASMN:EDN STATE DEPAAI.Ul- Or ECOL�1' STOAMNAtEH u.WU1 rW WESTERN whSNINCTGN, MERE THE DYY GE SCATTEE GENERAL REOwINEu ENTS SN TAKE PRECEDlttOE- !. THE DEYf10PI 15 KW-WLE FOR IVI E 1CRIM PNEWIMN AND ST8WE4T GONIMOL MEASURES WT Am AFmH IN$TAT1/.Tutt 0w Ait UPEDY wm A550C1%TED wnP VTIL t �LTRCHCS- ]. PRI:R TO A" SITE C'C"AT104 . ALL STBRM DIINLETS SIY4 BE PROrE[TED COft SLOPE NOU "I CMTUI OR C04SIRL&I" MEAS FOR 1 STANOARG FLOATATION COVER WAIT TO PRCVE;rt sLVwEW ANON ENTERING � S,ORN DRUNAW SYMU PWOR '9 PENMAREHT STA&U:AnI- OR THE DISNRNED AAW nIEAN IRE FlLTFJr FABRIC AS &I ESS Y W 1ANTMN CRNwLE. REWG RI MD CUEM WC &t`.fNS tG ZAIHG CDMPCEI.R OF gTEWORx, A THE COKIRACT:R %N HOT ALLOW v .HEM DTI OEEAIS TO WEA Hm OR rX ' WE +NFES. CAICH BASINS - wFR'M' JN SYSTERS- E NEM_T CONSTNUCIED :R WEIR WUM AN: CAWM bA INS ARE M RE PAI 2E Iu MED.,PTELY 'UPON RI SIATGATION. CIW:4 B>'.in51U H - 1. r1TRR3Cm BLANNL' 10 BE CS, CEUSYNIHFrcS CN EQUAL PERMIT SET OSWO City of Seattle Pubhc chuck Clarke, wrrctor Lllff 1BS cu ERCSIDN CONTROL DETAILS CEDAR RNER � K cTooa ACCESS FACILiiY sal, G or 22 rA ORDIKA .xG� WATER WATER LEVEL AT TIME CF SURVEY ,J _ .._— / �. .\ ( �� �/ ! ti = - __-' - ..rl =1 `—� \• I , ' �•. T 1'/x ' � yam• � v,�-� Y � _ �_� •\•`, CEDAR RIVER- PARK E]RSTING RETAINING WALL rr PROArcMN 4 R Rryt 10 3 _' �� --�. �_ - _�_ _ �.....,\ �_.. _.� �,� `--tip � � • .--- \ WATER LEVEL 29.5 AT EUE OF SJRv',' k ��� f `-� '- - �•\\. \mow• 4 �r r' \�:`.7R.IS'FL�IV �L sc o z-I S TREE TA19LE THEE I MCC SIZE TREE TYPE YREE T.'7 BE TREE TO REMWEa RCUAIN 57 PU AR (POPULUS - x 1 C SALSA FctA SSP. I TRtplOCA.4PAj - 18• PCPl1R (POPLLIS x O GALS. FERA SSP, 7RICH000tPAj V 36' �POPLAR(FLLUi BASAYI[.R-L A .SP - A TRICH lPA;. - 4 13- UIGLEAF MAPLE (ACER x - MkcROPN�LLUM) 12- 91Gt MAPLE - A `�4 ' ,ACER UACRDP LUMJ SO G' 910LEAF mmz 'ACER - NACR07'HTLLUM) 7',s•, 5' O SICLEAF MAPLE �ACER - x W'ROPNT'LWM) 18• I p 1 POPWi (POPt,lws 9ALSAFWFEP.A SSP. x - v TRicmovMPA) 16' U POPLAR (PCPULUS 9ALSA91FERA SSP. x - TRtCmXWFA) 10 _ RED ALDER "A NUS x - L RZ n-) 7- REc ALDER 'AL.NOS K -' PERMIT SET G6 -=--_ TREE INVENTORY PLAN �ii: 2UE ,-SYeshi�,fon BBr7' sF,.rrIL4YxPAR<,OKvy:E<:O ToEwF.+OecR uxTArvADxEvAEARosT�RSwIMlslwjc•roN ��ram�A WM Nlu wq,�E m EXHIBIT 9 DRIVa'AY --MAI ICINT P1 76470.01 1 0 11 SCALE IN FEET ORDINARY H;GH WATER 9 WATER LEVEL AT TIME OF �QRIVF A Ew EL� SEE K PER N W 6�"L C:SNC SIDEWALK ER S PII�� III NOTE UmIr OF WORK �EROUE CABLE OXT LIMIT OF WEIR 0 RIn!,T BANK. SEE(J) CEDAR 71VER FAM< NOT IN CONTRACT1302758.63 07E AND 'e/ 1-105 POW EMI RETAIITNc WAIL- REMOIA11t SERVICE CABLE NOT IN CONTRACT Co, , ORDINARY HIGH NATER EL 31 0 1 CONTROL POINT 14 N N WATER LEIEL 24.9 AT TIME OF SURVEY N .826397 LjMIT CF WORK 41 1 ELECTRONI� AIL7D�AL FILES mLL BE MADE AVAILABLE FOR ADD TONAL LAYOUT DETAILS. 7 7 2 2 2 tNCH =4FRACTOR TO PR0,1DE � SITE ST�iho OF YEA TIF- h EATDOT FOR EHCIwI APPROVAL 8EFORE "B"O, Z-- JPP3RT . . . . . . . . . . . . . . . . . . . . . . CULJYN ------ 2E.2. TEMPORARY DE70JR Tn 6 IN PLACE PR -DR TO z07FAG EASTNG TRAIL PAVEMENT TII,PORARY -P—T- 2 011, TY*P4LkARY Y 2' THICK J. TEMPORARY DETOJR TO HE REMOVED WHEN T�Aj RECREATION WAN� MODIFICATIONS ARE 0 mup Vx CDMPLETE7 BEMIRE IMPACTED AREA TO SEe NOTE 2 & 3 S.GN STq-�Ft-`.2 ORIGINAL C0 NI SEE I/C4 FOR nNISHED -JSTA 3+47 "N. _P-JRTWLE T RA! ROI F0232 08 4 A-OESS FOR EMERGENCY VEHICLES SHALL 8- 65 MAINJAINII) ON NARCO ROAD AT AU TIMES T PERV1011 , $. A=Z5 TO CONSTRUCT CCIAIZIREFf nQEWALK FA"E, AND ANCHOR 1331,- �CA n4 NORTH SLOE OF RI1,ER SHALL BE cuYmEU To ExWimc PAVED TRAIL -tFAiR ANY DAMAnED AREAS TO DRIGINI OR BETTER CONDITION w IN URE SIGN 70.19 Lf Cf RENTON STD, DET E KOC7 PROP LINE C� HALT TE-1111111Y R.11 ILOI 307 42 CEDAR RIVER A-�p — 6 2 GALVANIZED EYE 4JTS ON EACH SIDE 0 (WHEN 'RA,L DETOUR "7,�i ) 2 n Q,+ -,� — �AUE — '/.' GALVANIZED THREAD TO MR-3 SEE S07C TRAIL , TNAIL SOIL MCHORS. SEE NOTE 2 & 3_ ---- -, I A FxlsflhG GA L RA '-X uTUTY TRAILER E 302s15.24 TRASH & A LE CONAl R ASPHALT TRENCH - 8C SET c I TTE LAYOUT PLAN FOP. AUVERITSING D �n .. .... . C1OOC32 TETRA TECH DEPARTMENT J.UNAYATSJ ft— City of Seattle OF E-E-1 It, AmNis�Tic,, =T. CEDAR 1420 hI A­Ue, 5+Ujto 6CO rnurasChI,o Clark., II RIVER xNr .N.0 .. 2% 1u9s01 ACCESS FACILITY F;7 .1 22 EXHIBIT 10 EXHIBIT 11 ZONING MAP BOrK 92 , 93 455 456 459 461 jr B 1 B2 B B B6 71 26 T24N 1 25 T24N R4E - 3o T4R5E 2N �9 T24N R5 28 T24N R5E 74 2T2N R5E 26 T24N R5E 81 94W 455W 457 458 460. 464. ... C1 2 C3 ". 4"- 5 C6 --C 71 35 T24N R4E 38 T24N 1 306 307 ­­ 131 T24N R5E 11W8 32. T24N R5E' 309 36 800 35 -64N R5E 801 D 1 �-cD2 D3 ",%.•,D4 I D5 D DT 2 T23N T,2�.N R Ri 6, T23NR5E Tf231 Ij 4 T23�— TR 2 T23N R f316 317 318- 319 369 805 806 :, E 1: E2 E3...: E4.]::E51 E6..-TE7 6'­ R4 T3T23N 2N R4E 723N R5E 19 T23N R TR5E 10 T23N R 1 T2jN R 325, 326 328" 370 810 81FF1 FZ_3-�,-,j,F4 � ' F 4 T23N R 13T23N R 18 T23N R17 2N R 16 T23N R5E 111 T23N R 14 T23N R 334 ;335 , 336 337 : 371 8151 816 G1 G2.' �Gi 7-_-, —1 T23N l 24 723N R4E 20 T23N Rg3 21 T23N R 22 T23N R 23 T23N R 344 345 600 820 821 j2�1�� ..602 ,..H1 Re H3. 4 H H6 H7 26 T23N R 25 T23N R 30 T23N R 29 T23N R5E 28 T23N 1.77 R5E 25 � 351: 03 604 605 82550. _23N 826 185 1�1 1 13 14 1 16 17 rn 323�1 RAE - j 36 T23N R4E al T23N R5E 32 T23N R5E 33 T23N R� 34 723N R5E 35 T23N R5E 3E `"f 60.7 608 - �., 609 I 610 632 833 8 1 J2 Ja J-4 J5­- J6 J7, Y�, 22N R4E 1 T22N R4E 6 T22N R5E 5 T22N RSE 4 T22N R5E }3 T22N R5E 2 T22N R5E ' T2 RESIDENTIAL ec (RC) Resource Conservation rt- (R-1) Residential 1 dulac F,741 (R-4) Residential 4 dulac e-e (R-8) Residential 8 dulac eM (i ResAental Manufactured Homes R- o (R-10) Residential 10 dulac , 1 (R-14) Residential 14 dulac en (RM-F) Residential Multi -Family R _r (RM-T) Residential Multi -Family Traditional en-u (RM-U) Residential Multi -Family Urban Center MIXED USE CENTERS ca (CV) Center Village uc-ai (UC-N1) Urban Center- North 1 uc-Nz (UC-N2) Urban Center- North 2 cn (CD) Center Downtown COMMERCIAL = (COR) CommerciallOfficelResidential -J (CA) Commercial Arterial cu (CO) Commercial Oti cu (CN) Commercial Neighborhood INDUSTRIAL (IL)Industrial -Light LE (IM) Industrial - Medium M (IH) Industrial - Heavy ----- Renton City Limits -.- -.. Adjacent City Limits KRO'LL PAGE PAGE# INDEX SEC�:iO1VNILWVE leis tl^cu e„ �s ^a tice �pn'ecent-4WD � 4va cnteed ;rJ �r; 1�•r Vbrsl .+lo nclia oLle cis orl \M1rYJulr 9M1s+n. Tics +'Poscs�i/ �Y Department of Community • . & Economic Development �F ? Alex Pietsch, Administrator Adriana Johnson, Planning Technician Produced by City of Renton (c) 2008, the City of Renton all rights reserved. Na warranties of any sort including but not limted Ie accuracy, fitness or ^erehanta�'Lity accempary this product. (=City Limits (:jPAA Boundary Land Use 2008 Landuse CC -Commercial Corridor CN-Commercial Neighborhood Legend COR-Comm emial-Office-Residential CV-Cente r Vill age EAI-EmploymentArea industrial EAV-Employment Area Valley " RLD-Residential Low Density RMD-Residential Medium Density Parcels 1723059014 & 1723059179 Renton Comprehensive Planning RMF-Residential Mufti Family IRS -Residential Single Family RSF-Residential Single Family UC-D-Urban Center Downtown UC-N-Urban Center North July 30, 2008 N 0 500 1,000 Feet 14� 1:10, 000 File Name tFl)NSP'GIS_projectslvicinity_i�rapsl parcel_1723059014_Penton_cornplari. mxd r-Anirs1 1 .s CONSTRUCTION DRAWINGS FOR CEDAR RIVER ACCESS FACILITY FOR SEATTLE PUBLIC UTILITIES, SEATTLE, WASHINGTON — EATTL_ G _ 9C 5❑ sa RC _ N 97 09 - - 99 - CC RENTa4- fis - CEDAR RIVER ,c gg ACCESS FACILITY;,,��,T D9 16 III MAPLE 4 VALLEY e _ KENT Lam, A,1�.�„ 2f'- 169 Ir FOVR ` CORNEAS (Slgl Mll) 16 99 AUBURN VICINITY MAP NOT 70 SCALE ®TETRA TECH 1420 Fiflr, Avenue, Suile 6OO S9aBla, W.3"- ton MO1 20&88183DH Felt: 7OE-BHJ9,iG1 PROJFCT SITE INFORMATION PRC„AR EC' EA, TONING BASIS GP BEARING W'ASHINGTON NORTH ZONE. NAO '83/9). BASED UPON WSDOT mON. IC899 (Y RED BRASS DTSK N CONCRETE) A, WSDOT MEN. ID 52.11 (3.25' Oxon EVANS & ASSOC. ALUMINUM DISK} FOR FELL DESCRIP'IDN OF POTKTS REFER TO WSDDT GEOGPAPNTC SCR,ICES CATASASE LOCATED AT WA1o.WS0CT.WACOv/MONUMENT -Y=QAL DATM NORTH AMERICAN 'AERTICAL DATJM i9BB {NAYS 'BE). EASED JPOK WSDOT MON. :C '5237 (3.25' DAVID CvAnS & ASSOC. ALVMLNUM D151<)„ LISTED ELEVATION_ - 45.55' INDEX GI PROJECT VICINITY MAP, INDEX, LEGEND, PRO.ECT MISC IN-RMATICN, SURVEY DATUM BLOCK G2 E%6TWG' GDNDLTIONS/TOPOGRAPHY C3 DEMOLF.ION PLNH G4 ER CSIDN CDNTROL PLAN G5 EROSION CONTROL DETAILS GB TREE, INVEKTORY CI SITE LAYOUT PLAN C2 S7E GRADING PUN C3 Dra DETAILS C♦: ACCESS ROAD PLAN AND'PRCTILC. CS JTTLLTY PLAN C6 KIOSK AND INTERPRETIVE SIGN DETAIL$ 1_1 UMET OF WORK 1_2 BUFFER IA'Ti 0ATICN LAYOUT LJ SITE RENTGETADON 1_4 REvECETAT104 NOTES AND DETAILS L5 PUNT SPECS. k MITrSATION NOTES E1 ELECTRICAL PLAN E2 ELECTRICAL DETAILS Es ELECT DETAILS & FIXTURE SCHEDULE E4 ELECTRICAi SPECIEI NONS E5 ELECTRICAL SPECIFICATIONS (CON'T7 PROJECT CONTRGt POINTS KING COUNTY PROJECT NUMBERS PROJECT MJMT R PROJECT OWNER CITY OF SEATTLE / SEATTLE PUBLIC UTTJaS ADDRESS' PO eox 34018 SEATTLE WA 9B124 CONTACT PERSON: CHARLES MACDEN PHONE. (206) B34 5977 PROJECT ENGINEER/CIVIL TETRA TECH ADDRESS, 142D FIFTH AVENUE SUITE 600 SEATTLE WA 981D'. CONTACT PERS011:0OHM MCGLENM PHONE: (2C6) sm-9300 E� GEND E6?71O ■ uaruMEhr • REEAR & CAP N R11 wATLR w1DE b WETAL WN POST STOMP OkAW sa WON) %N POST SN4TARY SEWER Q1 SUQT/AY SEWER ILWHDLE -- AI➢IE O STDRM DRAM UAICH 11 WS GTL'N Imsm ® WATER NFNNULE Ap WATER VALA FM WORM". ■ WATER DETER m : As Y&VE One GATE K, T _`E.DUWS THEE ER�SR PUS NOMTR BOUND BRGICE COLDMNS a OUCT7E NON PLWT FIDRIFe71C FASIWC HSVAIICN DFj1;RPI17Fl I I1e037.33 I}D2311.W 112.38 3 WSUOT ERISS DISK 1N COME : YARKTO 'CP17465-0. wSCQT MOIL O 609 3 17F.4T6a1 13p2M,O AS.BS 3,25 GM CANS k ASSOL. AilYdI111Y DISK wSDOI WON ID 5237 3 17 .II '�T027HO.47 Is, 5 a R[5Ut wRN'AEO EK'A GOINRC! w 1 1782 57 . 'M2Ab4.97 1 47.2, PK KNL W NGwA51(�N 5 'ITe22].!9 130257T.10 49,eH PK MtiL w MCA wA5r0t WPM OVER FOR AOVERTIS.NG —c orz) s xlo wic Wi11ALs . GA'E KENMETH I 1JAI(ATSU - PEPARTMEE+T DF EXECUTvE ACMPISTRAP.DII sEArnc wAs+,ewTo 22 W''tl' ♦5 pryr EXHIBIT 4 FROPCSED —Xx— SIT 17110E AND 111-11GS —I— TREE PROTECTION PENCE TEUPuwy CONS TRVCTICW FLNCE �f 'DNSIRVCTI'JN (��d En7ftANCE m­ 1' CONTOUR SB 5' CONTOUR 1 PERVIOUS COnC u RAVING ASPHALT PAVLNr CONE SIDEWAY oP-{5 6EFOR2, LIMIT OF WORK �--f.— THEE DRIPLPIE n � — - ORDIM.W HIGH WATER 5 TWO O-424_hhh LT.LIRES UNDERGROUND PERMIT SET LOCATION CENTER G' PROJECT VICINITY MAP, INDEX, LEGEND PROJECT MISC INFORMATION, SURVEY DATUM BLOCK e■nre City of Seattle CEDAR RIVER cTDoo32 Fubllc � R�r IJF171I�fBg C1tucK Gl•Ik., DI,ec1eT ACCESS FACILITY C6 VAULT FUN W0. _ 776-237 rA1c o<rrr-re�y .00� sl+¢- t a 22 III s 0 TO d 0 O - Q. Z o M V P eo � 4n � 3 Ln I 7 N LLI , U C� Z V) LiJ can Q U I fig r-_ LO 2 W fig r-_ LO 2 W EXHIBIT 6 EXHIBIT 7 !'T" -A"sTABkliEc �aVSTRLcn3NN'RA40E PER C.' O:' PENTCN STMOKRU WAIL ME! I$ RE:OMMEhGEc TWAT -r+E {Xt' ENIRAWE BE CRU4NEC SO THAT POW, OKAINE OFF tAE PRO R - 25' MW COBBLES ARE E09 A TEMPORARY ACCESS ROAU, 'D HE REHI FON F_NAL ROAC EDNSTRUi. T:CN 1'-IY QUARRY $PALLS J �' OEOT:xTtf 'Y MIN. THICK4k5S --T- ''�PHOVEIE FULL MTUTN OF TORERSIEGRES$ ARE, ^TETRA TECH 112P M. RvenUe, So la 66J SeanlA, Vrhsaingmn g$!: I 2U&EE1.IM r-1E8l 92�1 y� fr• 0lIHLZr[ # nsAs CN S SMr CN PLAN m j I I sCINTS IN KLTJP FABRIC SlI BE SPLCED Al POSTS. USE STAPLES. w➢RE RAGS. OR EOUNALENT TO ATTACH FABRIC 70 FOSTS. YaY By r4 Go WFIE OR- C431, ENT, lF STANCARC 5TRENG7N FABI USE7 {1 I FILTER FABRIC II I MhIIYUV L1• x4• rnN1ENO% NSTPE rCI LF.NCH vnH� POST'PACIFI C OE e+.cNFASEO IO IF B' :F 'IRE BACKING IS USED YP4' 'I PC.T5, STEELA NaTE. FILTER FABRICFENCES SHALL BE FENCE ho5T5. PEEAR, OR NI ALONG CGNTOu4 wTN{NEVER E7-1ffALE1T Pvssls`£ STLT•FENCE INS164&TJOD I \.ram �.' � ( ��"• i.P 'u5 Tacx •AKrc O.C. IYP TREE FROTECTTCN FENCE N-T.s. Una- ------`-'--i1 STEEL '1' PJST ' 3 �KEN4ETNr JR 4ANA'SJ Irr., wW[ OR rlrw An. :wrF ��I' - -.•. "'.• :"FMTWhT :r Ex ZLTK'; MwmsEFAicN a u ea Ts su`nx. N..sNOIc.aN :o rm` GE.TE%TIL£ rILT=R FRBN3C SKIRT EXHIBIT 8 R 811 11 P,FOACEME4T 5FE NaIE, FOR SILT FENCE CONSTRUCTICH SEE f a.a NOTES- PLACE flo-DNGS ON PPPAO%iMATk l EITHER SIDE OF A SILT FENCE ACROSS ORCH ANC PU" BIO-64CS TOCETRER MR 1": 2, rxIEND SEDIMENT Ew pI 6,EACH S'OE OF (WNNEL IIOTTOM Q10- Q AND SILT FEbCE,,WMFNT BARRIER GCNE.RA_ 4ROSION PREvENft6N & SECIMENT CONTROL NCIE5 I. 1. EW)Wh AND IEDIMEMa CONTROL MEASQRM uE TO BE PVLED —CM TO ANr LAUD DISTUR&NG ACIM1TfY CAUSED E, CL ING W ON'LIHG, THE FAOSION ARE SECBIENI CDNIR01. MEASURES SHALL BE S . ME HED AND CONSTRU ID IN AOGOPDANCE +1""N TNC Taq .— w NH — Y s .Mf I.ARM vERSICN or GWERAL RMOU101I ANO STAHDAHD p "Ls ­WNO ATHE wASMN:EDN STATE DEPAAI.Ul- Or ECOL�1' STOAMNAtEH u.WU1 rW WESTERN whSNINCTGN, MERE THE DYY GE SCATTEE GENERAL REOwINEu ENTS SN TAKE PRECEDlttOE- !. THE DEYf10PI 15 KW-WLE FOR IVI E 1CRIM PNEWIMN AND ST8WE4T GONIMOL MEASURES WT Am AFmH IN$TAT1/.Tutt 0w Ait UPEDY wm A550C1%TED wnP VTIL t �LTRCHCS- ]. PRI:R TO A" SITE C'C"AT104 . ALL STBRM DIINLETS SIY4 BE PROrE[TED COft SLOPE NOU "I CMTUI OR C04SIRL&I" MEAS FOR 1 STANOARG FLOATATION COVER WAIT TO PRCVE;rt sLVwEW ANON ENTERING � S,ORN DRUNAW SYMU PWOR '9 PENMAREHT STA&U:AnI- OR THE DISNRNED AAW nIEAN IRE FlLTFJr FABRIC AS &I ESS Y W 1ANTMN CRNwLE. REWG RI MD CUEM WC &t`.fNS tG ZAIHG CDMPCEI.R OF gTEWORx, A THE COKIRACT:R %N HOT ALLOW v .HEM DTI OEEAIS TO WEA Hm OR rX ' WE +NFES. CAICH BASINS - wFR'M' JN SYSTERS- E NEM_T CONSTNUCIED :R WEIR WUM AN: CAWM bA INS ARE M RE PAI 2E Iu MED.,PTELY 'UPON RI SIATGATION. CIW:4 B>'.in51U H - 1. r1TRR3Cm BLANNL' 10 BE CS, CEUSYNIHFrcS CN EQUAL PERMIT SET OSWO City of Seattle Pubhc chuck Clarke, wrrctor Lllff 1BS cu ERCSIDN CONTROL DETAILS CEDAR RNER � K cTooa ACCESS FACILiiY sal, G or 22 rA ORDIKA .xG� WATER WATER LEVEL AT TIME CF SURVEY ,J _ .._— / �. .\ ( �� �/ ! ti = - __-' - ..rl =1 `—� \• I , ' �•. T 1'/x ' � yam• � v,�-� Y � _ �_� •\•`, CEDAR RIVER- PARK E]RSTING RETAINING WALL rr PROArcMN 4 R Rryt 10 3 _' �� --�. �_ - _�_ _ �.....,\ �_.. _.� �,� `--tip � � • .--- \ WATER LEVEL 29.5 AT EUE OF SJRv',' k ��� f `-� '- - �•\\. \mow• 4 �r r' \�:`.7R.IS'FL�IV �L sc o z-I S TREE TA19LE THEE I MCC SIZE TREE TYPE YREE T.'7 BE TREE TO REMWEa RCUAIN 57 PU AR (POPULUS - x 1 C SALSA FctA SSP. I TRtplOCA.4PAj - 18• PCPl1R (POPLLIS x O GALS. FERA SSP, 7RICH000tPAj V 36' �POPLAR(FLLUi BASAYI[.R-L A .SP - A TRICH lPA;. - 4 13- UIGLEAF MAPLE (ACER x - MkcROPN�LLUM) 12- 91Gt MAPLE - A `�4 ' ,ACER UACRDP LUMJ SO G' 910LEAF mmz 'ACER - NACR07'HTLLUM) 7',s•, 5' O SICLEAF MAPLE �ACER - x W'ROPNT'LWM) 18• I p 1 POPWi (POPt,lws 9ALSAFWFEP.A SSP. x - v TRicmovMPA) 16' U POPLAR (PCPULUS 9ALSA91FERA SSP. x - TRtCmXWFA) 10 _ RED ALDER "A NUS x - L RZ n-) 7- REc ALDER 'AL.NOS K -' PERMIT SET G6 -=--_ TREE INVENTORY PLAN �ii: 2UE ,-SYeshi�,fon BBr7' sF,.rrIL4YxPAR<,OKvy:E<:O ToEwF.+OecR uxTArvADxEvAEARosT�RSwIMlslwjc•roN ��ram�A WM Nlu wq,�E m EXHIBIT 9 DRIVa'AY --MAI ICINT P1 76470.01 1 0 11 SCALE IN FEET ORDINARY H;GH WATER 9 WATER LEVEL AT TIME OF �QRIVF A Ew EL� SEE K PER N W 6�"L C:SNC SIDEWALK ER S PII�� III NOTE UmIr OF WORK �EROUE CABLE OXT LIMIT OF WEIR 0 RIn!,T BANK. SEE(J) CEDAR 71VER FAM< NOT IN CONTRACT1302758.63 07E AND 'e/ 1-105 POW EMI RETAIITNc WAIL- REMOIA11t SERVICE CABLE NOT IN CONTRACT Co, , ORDINARY HIGH NATER EL 31 0 1 CONTROL POINT 14 N N WATER LEIEL 24.9 AT TIME OF SURVEY N .826397 LjMIT CF WORK 41 1 ELECTRONI� AIL7D�AL FILES mLL BE MADE AVAILABLE FOR ADD TONAL LAYOUT DETAILS. 7 7 2 2 2 tNCH =4FRACTOR TO PR0,1DE � SITE ST�iho OF YEA TIF- h EATDOT FOR EHCIwI APPROVAL 8EFORE "B"O, Z-- JPP3RT . . . . . . . . . . . . . . . . . . . . . . CULJYN ------ 2E.2. TEMPORARY DE70JR Tn 6 IN PLACE PR -DR TO z07FAG EASTNG TRAIL PAVEMENT TII,PORARY -P—T- 2 011, TY*P4LkARY Y 2' THICK J. TEMPORARY DETOJR TO HE REMOVED WHEN T�Aj RECREATION WAN� MODIFICATIONS ARE 0 mup Vx CDMPLETE7 BEMIRE IMPACTED AREA TO SEe NOTE 2 & 3 S.GN STq-�Ft-`.2 ORIGINAL C0 NI SEE I/C4 FOR nNISHED -JSTA 3+47 "N. _P-JRTWLE T RA! ROI F0232 08 4 A-OESS FOR EMERGENCY VEHICLES SHALL 8- 65 MAINJAINII) ON NARCO ROAD AT AU TIMES T PERV1011 , $. A=Z5 TO CONSTRUCT CCIAIZIREFf nQEWALK FA"E, AND ANCHOR 1331,- �CA n4 NORTH SLOE OF RI1,ER SHALL BE cuYmEU To ExWimc PAVED TRAIL -tFAiR ANY DAMAnED AREAS TO DRIGINI OR BETTER CONDITION w IN URE SIGN 70.19 Lf Cf RENTON STD, DET E KOC7 PROP LINE C� HALT TE-1111111Y R.11 ILOI 307 42 CEDAR RIVER A-�p — 6 2 GALVANIZED EYE 4JTS ON EACH SIDE 0 (WHEN 'RA,L DETOUR "7,�i ) 2 n Q,+ -,� — �AUE — '/.' GALVANIZED THREAD TO MR-3 SEE S07C TRAIL , TNAIL SOIL MCHORS. SEE NOTE 2 & 3_ ---- -, I A FxlsflhG GA L RA '-X uTUTY TRAILER E 302s15.24 TRASH & A LE CONAl R ASPHALT TRENCH - 8C SET c I TTE LAYOUT PLAN FOP. AUVERITSING D �n .. .... . C1OOC32 TETRA TECH DEPARTMENT J.UNAYATSJ ft— City of Seattle OF E-E-1 It, AmNis�Tic,, =T. CEDAR 1420 hI A­Ue, 5+Ujto 6CO rnurasChI,o Clark., II RIVER xNr .N.0 .. 2% 1u9s01 ACCESS FACILITY F;7 .1 22 EXHIBIT 10 EXHIBIT 11 Lij co cc� C w LLI .0- 1 L31 M r H m x W Lij co cc� C w LLI .0- 1 L31 M r H m x W 7' 2� x yz a:\ � \ � .� .y \\) k\� \\} | \ / \ / 2 A \� LOLA � a: \ f LLI n W 12, 2M me z d a o \ � n a � b rJyy Y r Ie wm p $ N ry U—J V ]n N LEI na rh o y d aH eor 3 � CD Y S�m4�g,5u „WS [n a -Yyg'!YW"6Y mW3= a LiJ .' Lj Lt1 g ;'A§� C U Q �ReW u �Cr [> LsJ LL- Jai � � E:u ag WO wpg�5 0.ryhnn Wf/'� .. Z Vl O V LL � y it a II! C8 a EF � [E I W r a waI o7y LLs� a L a g V � V 5- [L m _ d7 _3m o�v / ) \} \! §P §; (/ � on too, ! UJ F-7TT- � � $ � g[ �_ \ &||\ : \}y uu ky q Ii I/ R ja {l j �\( PT s �� �Z .f'T� li �S OHW LSPWA:EO EIA5EC ON TOPOGRAPHY _ I'fHor sHs�ir�❑ _ irks cc �1 PSoc�/ if PLANT-EGEND: ?REFS -- BOTANICAL. NAME / COMMDh NAME 9_L ;i - - ,�„� ,t d-��•`� � PS o PT °c PT POP ULUS TRICHCCARPA / ELACK COT-0N%Y0DD 1; 5 CAL. PS PICEA SITCHEh SIS / -,l: yt _ / SITKA SPRucc 5 s GAL iAF _ \ t — TP PT rr,I PSEu_n arsucA MENZIESI, ` I FR—_ i - J/ h' �\ TP THV13 5 GAL JA PLICATA / WESTERN RED CEDAR Ni y � s� �-� �\ HR �YY TF rd rd hd Id- wACcR C RC:.NATUM vINE MAPLE 47 ? CAL i� / _ , oa AMF.�.ANr};IER ALNlFOLIA j SERV CEHERRY 13 i CAL y O CC'RNUS 5Cf210ERA / .CGwUCC 23 7 GAL. �, cc CURYLUS CORNUTA / HEAKED HA2ELA'JT H 2 CAL. Q � ,�y- a LLL .l� I E � IIf;�1r, s HOLOCICUE DR3COc aR / CCEANSPRAY -2 2 GAL. i, II I LONfCERA IIt VQ,.JCRA TA / TYlIh3 RRY 26 2 Ck_- rhd ~�- `�J Ct � yT F U hd a SYM—iCRICARPOS ALBJ5 i SNON'HERRY 46 2 GAL_. L a URISES SANGL': NFL'M / REC FLDWFRING CJRRAN 1 32 2 GAL. `I�a hd L APPF cx. PnO v • SALIX SITCHc"hslS / SITKA AILLOW o 2 CAL. _ - - / \ L y �. �IYIIIJ FRAOARIA CHILCENS'S i' SAND STRAWBERRY 1.55 4" POTS �g 24° Q::. J POLYSTICHUM MJNItl.41 / SWORD FERN '3E 4" PD S ® 24 0- _ FLANT IN SAm,--SPEC,7S GRGLJPS p= ;-77 DR�2-TIUE 84 1'ATIVE BIC'-FILTER -S MIX ELYMUS CLA'JCIJS % BLJE WILDRYE 47%, SEED Al. A RA7E 0 5' 1f 20'� 'ESTUCA RUBRA RUBRA / REC FESCJ- 4Cy, OF t s. PER }�„t :)ESCHAMPSIA CAESPITCSA / TUFTED-IAIRGRA 55 10% IOOC S.F. GLYCERIA OCCIDENTAILS / WESTERN IAANNAGRASS 2% APRROH, 8.5 L3 HECKASANN IA SYZ:GACHNE / AUERiCAN S_CUCH,P.ASS 1% LHS NEECLD PERMIT SET SITE REVEC'ETATION BUFFER IMPACTS AND MITIGATION SET xj�'0 FOR aOvERllslnc „ r ,uiy. '��Ls vso o+rr /�� K C100032 TETRA TECH KervnEn nAKA 5u xAwo uc _ e o. c 3 (,�Ilattfe City of 58attla CEDAR RIVER g , THE I+w.woL'T,,, oeru�luer+T ar rxr_cu-IVC acululsrnAmvuIX xa.,�. "JT4i Public ,.�o� a ta'e6 Elfth Avenu9. Sidle BfA uc/As{5 ce Chuck Clarke {)I+ecla, c0 YJATERSHEC1 =E�mF.ws��w�r e _ U011fles ACCESS FACILITY Saanla, wasNngton 491o1 COM1'A[•iy a oe 0eei"" 775-237 aosasacaoo ve<zobbassacl s�.. P. d o�,;r, .r.ua .: e.�""".^ i,::.S` :x+.r, �. - s ECT 15 or 22 EXHIBIT 18 QTETRA TECH ENNETh J. NRKAFSU - �rM�TNE r.r.�ww•e.on 1420 f1fi!: Avenue. Soils fil1D WATERSIIEU •= r•u>•, w• seanie,'Na9nirgton 483-9 L-OMPANY 20688s9T?2 'ea: m981+B301 ir,encs & Gesew PLANTING NG"ES These no lea a c s,pp.,,,,l to the pre iect general spscfcn:inr. g, Rlf, to specs for m..re dclpilcd in lgrr,ulion, F.or conatruclicn sequ ga h rein ;g Ina lai;iggtoa Hgles g sheaf '_� ear iasl°Int:m shall ;cc�r belweex 6cfgnn 15w gad Decenroer '. 5.r dg'�ng Irosl-free perlptls only • ilef o'e Incl grcaing Is cr,p�e lee by the grad inq c ct¢r the pndacape conlrec:�r I_, a Sne lg i xeotnvl s �rmrr. gna grgaee g „dame 1 ¢•:nr:q. a:s.al Rre, gn6Ucns ¢ d f ri cry p z" ¢ r plor.hng c ueM1' Ihot lher• ie of JO% ergar�C mner:gl by weig>, Ireew o leaf Icr nrgenic c � my • Nme_ Th.e c r eepgvsiole any odverva logs pndin¢ns I,w ,m w,n�pt proper pmnt grown end egma.ianment. Hnwr o r poor ernsnnc. r sl.,:,<iga • eels of a isii, q ul',lilies w'ilhn + or 1pTer Ig••dsrepe o ds�¢pe c nslruC: er le <gl �ily'md o,wcy as o res:11 or Ire • Cs:ob'ish the plent'g g g hegadg,ies .n ll,e 1:e�d. Locsen q-y Fwmp,led s ,: the pb", emcve p-y o•tl ad in a plgnr:nq sews ors la-n=f e�n1 ,•:c:„de �yim:,t�y¢„ ap_kbo.y, f ngl:s nollr. [ng1.s ivy. ccgl's burn„pyvneae kr'ulweea. Er ylisn la-, din end m inpnylery • amens ego , Ged g mat all nney. grgdcs pe I�q" Gabor top p1 edpecenl paved • Layv¢l p1¢11 m_olenol per plan for Inspecllon by tRe f3iologis: c Lo ntlseape A II act. plenl subslilvlleng will NOT 4e x1lGwed wiingut I"�c gpp'.v g1 the Biulayisl p .undscope Archite 1 Flag each -stet ctont. • 1-a51¢l. p s per plonl;ng delplls • Wb1er each plant thorwgh.y la v r e gc� ' p aml. a 4' tleplh, nparye w00e-Chipm inch ring ¢ and ec eh plcnl • Mybrn •ed a 1 lre ylan l.nq h the vectl me liatetl it the yW, t Ingendne eSeed 11,, 11r, 01. preoa. bul dc�+nI I— over mulch r i�yg ¢ nslclled vege:e lion. s • saga an �gmer bore ,eo , natrochpn diawrbea ­05 5 . ova n s filled eg m 1 the plant iegentl. seeding : G Clp tember I1lh and Octebar 301h ar u h 151n In ouyn Jun[ ^^-a 1. • i-.s:al. ¢ leT,parory 'vrigallon system copaole or de1;,re2' If • per . � to t gnled re Ycin Lein ir'iyolicn s sslem I ing �ontlirion eloll • (,7j¢e mars (.h+•:e f U„OugM1 Seplembe'wSIM1J offer initiapinnlrn • one yenr aliwf in:t:al plenl inslgllg tign�ao cp:y^Z'.L>41G slow-rcleoee le•:iLrer aueh as Osm oc°:e cr perfect Elena /-4-4 Ig ego ul c.ru'tls p' the Ceeo• OHWrn 9�w The �pntlscac• contractor shall m i. vh p1°nl m.9ierigl ux lil rnol -specl,sn and approval oy the ownnerg or Owners . entot�vs. All p,enrings g"d shall be qu¢rcnleed fareone year loll ino� goner O.vepl n:e. •eu oe x! .wc FWN DETAIL Ru ye -11 not Bire ed`rss > wsev n.-lw reap+ 9•u g°Fpof kywt,°Yif h I'll Dols oeo wp°r"n.in Mo ee+i�'xaio rF al +ra«er+ec. «a�c.°.vt°rxo., ' n t/vea d m hwnuc �I �(,r � x••w exwe F B v1+rRST[us wg �'..--jMs•WtD7[ w1�aR vEp ,owµ 1, if(R. Mel.to '.L . 't eFugH ggage.•,O�L'es� sb u5cv s 4 - yyn�CUxplrM s� EeV eLSIpRAnP1 COxeuLSM'Ixf� 0_aTREE & SHR'JE3 PLANTING DETAIL HT5 L4 PERMIT SET REVEGETATION NOTES AND DETAILS BUFFER IMPACTS AND MITIGATION SET Ii' erne City of Seattle c,000a? "c °" Puar,s CEDAR RIVER i Chuck Cto,ke, DI1k4or C0� ACCESS FACILITY YGf/.5 r- - �! /yy'14 a r:a Mean'•Co vC,ULT PLeu 0. .,o m..... ..r.a.«......,,x, -•w.r /.w-.: ,u. 776-277 sHcct 16 °F ?? EXHIBIT 19 Y z U � n� 4 .� OwFF wJ±! ��>°m UW+ S�#Wa x u�iz'F^�o a Ll 4 a<wmo Ww Q , ��� uxiWS[:1 ¢o W0�4 VW1y41Wm O"(�¢Oa Q w z i S a n¢ �( ✓Tim Q W LLJ L:w4 iwyNj0. FdwvVt1V z2w=0.3 w in0. :5 a F> /U� U ti! Lp W W a a.- Ii 2 W o ��a �sw r ��5 Q -----x Z l —�LOa M1 } 1 H� 5� rva s�cw 7 jw w� T n. w M N Clio S LIJ J $ N {jJ o h d Q U_ rP H Ljj -j LLI J W z a� Of 8V) wW T-- c� U Q I� II aL O II O 2 11 I ? I I e e I co O 1 1 I m d" Yi9 w0 O rC W C o_R r �4 LUm F- < <LL vy� C r 2 W f JIM NUFFErr n 11) W W J iry n LLJ U off ex (11 Li3 Li LLLI � U L Ld V) UU I� J LL1 0 C CLI jds w ;s o� w� ¢� 3rcN oz 1 12 �rxw w�Ws � o (N>�al1 N1, - 03l ) haNRdd N�Id1�3�3 Rf AHY0H0.']35 T'li1i:]J1J _iC In � S o a= �a o A ua gEA a Yw 'rn an ru'��-n-�wi w w w rw ew �zmoeia� APPROX NEW B' WIDE CONC SIDEWALK - - / 1-405 ROW CEDAR RIVER PARK 1 4os PEDESTRIM € r / 2 MEN AAIINING BRIOGE+ e_ . N[TERPRETNE WALL AND COWMNS PANELS � �� E REMOVABLE WEIR CEpq ... • .. �R . oRoxwrr WATER 'PUBLIC WATERFRONT ACCESS' SIGN REMOVABLE :::::;c:'•- .;:; Q- / PORTABLE TRIJI.ERf . �` RENNTONN PARCEL �J LIVING iillaEillE -� u OF WORK EGSTING o ..�. SIGN.,, % APPROX CS a _ . r PROP LINE Iva �rx a �. , LEGEND UTxm TRAILER W/ PERVIOUS CONC . TRASH & RECYCLE PAVING • :. CONTAINER , 'PA ATE OF GT INGTON ASPHALT PAVING COSTING e7nsTrrc GAVE CEDAR RIVER F.'. ,;J CONC SIDEWALK TRAIL F 40 20 0 40 80 N!Q/ c a EXIST PAVEMENT o o -- _ 0 SCALE IN FEET ® NEW LANDSCAPE FIGURE 1: SITE LAYOUT PLAN EXHIBIT 23 7/4• REBAX STAKES. 7' IOW, DRNEN INTO STREAM BED - WELDED EYELETS FOR CABLE ADVTB/G 172• X �" EYE BPLT WELDED TO ANGLE 1 1 � SV65TRAYE PAL {}ty Irr•xrxrFur BAn 6' O.C. WELDED TO ANI .n.E SUBSTRATE RAIL SECTION (hrrtpnrnt i7gplbaHon) fA1 REA1CNAKE 2V LONG ELOATNG A'ETR PICKET PIWEJ-5 OMMMAM TENSDIIED CABLE NEW NhJ1TER ATTA04MENT = - ILL. HATER U E7Ev-z4.otj BAGS PLACED AT UPPER EDGE OF RAIL AT UP -F. . .. ` sLOSWTE RML \ PRIMED RTTM B. EVEN NfTN STREAW BOTTOM LLf/-27.0 (SEE SECTION AI LONGITUDINAL STREAM !el TETRA TECH 14n Fa AR ..I suit BBB PERMIT SET COLORED DISPLAY MAP SFfE PLAN FPPRDYED FEW AMERRSMG „� d< NnAIs wo MR wnAu AIFI wa E� VIM clop 2 KENNE7H A NANAT% r'I'l C PERMTLCRT ff E:D:L1niC IBIRMSTMIMM ,� � �,,, CEDAR RIVER 9 WATTLE. .ARe«moN ACCESS FACUTY YYXLt RAN M. ecrwe .d 0 776-237 Er ... �......�.. �.....� _ _ _ _ io-la w.c�wx m ars•Ir I of I EXHIBIT 24 In CN r 2 W N f DR VLWA� *Iwl ruHlal,i a F y2 l \. RASEF FEVr_ Ar -E f ' / , _ npulleUl vUiul S] K. cElnc soEwruc L. / Z 14w�E�E � ,,� �, I I rwEu -�, �- Fxlsrmc AErNn16G m.0 f � near mu+ROE wrrt fs — ! � ! _ �- wawa FFrFI as.E Ar rwF ar sumrt� cEx:rRal, ] suss 9+ F --a a H 1 E SJUZT29.24f SP-S f 'vEK+2X3 vA Ni, -6 +t RCR BEr {j�llY/\j YYhOEE N e]aZ52'.l9 } • SP- F I]a2]33.66 1 i jj r n I)E t9).tZ KIQ3K � 762 S.BB �� ryf F ]�251R24 _ I M , Q Shovel Probe k ,WMI'g ! 'f' 1 /tlCll rrn _..... Surface TranseCt +� •a E I.w2644.,1 ! �.:�� •(,l5P1141, _.�C e t' usa+c c..r[ - BEcsl•,trKxl 'f , PERMIT SET C, E IZC25'62l ! / / ySITE LAYOUT PLAN ,r twRRv.,.0 foR w�FBraR,c C" GE sooft q C1000.'13 TETRA TECH o`r"o" �ic�E saiwsa Ea -/+ Ea..wEa►.. s.w CEDAR RNER an M2DFMA,.,R.R&M8M ��� o � � SOCKEYE BROOD STOCK SITE Il acR+Am za.ro.� a s<rr 2 Figure 2. Cedar River Brood Stock Site project plan map, modified to show archaeological surface survey transects and shovel probe locations. EXHIBIT 26 flo Nar o Site Flit" Ball fietch River k C=1 -Cp Li EXHIBIT 27 1. LIBERTY PARK CVDAR RIVER PARK NARCO SITE TR-1-PAR.K MASTER. PLAN CrrY OF RENTON C0mmju,NiTY SFAVM ('oum il .1ilopied SK-p4ciodwir 2-x. 2W6 �I LLJ7 Y J l Ver, Alp Ef V \ l v Renton -- Renton City Limits Parcels Regulated Slopes > 15 <= 25 25 <= 40 Reg... 40 <= 90 Reg... 90 Regulated Renton Aerial N SCALE 1 : 503 20 0 20 40 f;0 FEET EXHIBIT 30 http://rentonnet.org/MapGuide/maps/Parcel.mwf Tuesday, June 17, 2008 4:21 PM ?uger 3cugd Figure S-1 Location Map Seattle Public Utilities Proposed Cedar River Sockeye Hatchery Cedar River Maple Morse. Valley - Lake a, 94 m 0 900 599 Renton s _0- 578 :: Cedar River, 78 Alternative 169 <. Broodstock Proposed and Collection Alternative 167 Sites Hatchery = a Sites ,der River -` - Kant i 516 18 Maple 169 Lanes _;. f . _ Dack ManW I EXHIBIT 31 v' SE 164th St .1 St St Legend Alternative Broodstock Unincorporated Collection Sites ©King County Q Water Bodies Interstate = City of Renton +89 State Highway SF 1261h St -�......_..__ SE lmLh St m i }z, Elllot/113riclge Site Existing Cofel,ection ,Si -A I Figure 1-2 Alternative Broodstock Collection Sites Vicinity Map Seattle Public Utilities Proposed Cedar River Sockeye Hatchery EXHIBIT 32 N 10l!00 Boa 1 00' ource: Tulral-c O(CM Ira. Site Plan SCALE: 1 "=40'-0" Legend New Impervious Surface MAm Note: Based on ccncerns raised by the City of Renton, SPU has developed a mitigated design concept for this site. (See Figure 2.6-3) Employee nfF.,- r/ Truck ` Loading Area —/ Yam- Hoist EXHIBIT 33 �. T Waste Holding River Water Piping Spawning Building y Tank To Tank Intake Adult Holding Tank Rump autfall N 40 0 1"=40' ce: Telratedvl(CM Im. Legend 40 $0 New impervious Surface Note: Based on concerns raised by the City of Renton, SPt_1 has developed a mitigated design concept for this site. (See Figure 2.6-3) EXHIBIT 34 ch< 1' PVC Rubber Panel Connectors Inflated Pontoon Seine Mesh Chain Steel Tube Hoops Driven into Substrate for Anchoring RIVERBED Operating Position (Cross section. Structure spans river.) RIVERBED Lowered Position (Cross section. Structure spans river.) Airtight Caps for Approx_11' PVC 6ouvancv Front View Mesh Figure 1-17 Temporary Weir Alternative Seattle Public Utilities Proposed Cedar River Sockeye Hatchery EXHIBIT 35 rl LAN DSBURG MITIGATION AGREEMENT for the FISH `'IIGRATION BARRIER AT TILE LANDSBURG DIVERSION DAM Between The City of Seattle and The State of Washington, Acting Through Its Governor, and the Department of Fish and Wildlife and The United States Department of Commerce, National Marine Fisheries Service and The U.S. Department of the Interior, Fish and Wildlife Service EXHIBIT 37 TABLE OF CONTENTS PAGE # A. GENERAL TERMS AND CONDITIONS I 1. The Parties 2. Purpose and Scope 3. Effective Date 4. Term 5. .Amendment 6. funding and Accomplishment of Work 7. Transfers of Funds S. Convention Adopted I. -Or Schedule Commitments 9. Resolution of Disputes 10, Force Majel ure 11. Termination by the City 12. Remedies B. INTERIM MEASURES FOR STEELHEAD TROUT, AND COHO, CHINOOK, AND SOCKEYE SALMON 6 1. General 2. Interim Measures for Steethead Trout, and Colio and Chinook Salmon 3_ Interim Measures for Sockeye Salmon C. LONG-TERM MEASURES FOR STEELHEAD TROUT, AND COHO AND CHINOOK SALMON S I _ General 2. Upstream Passage Facilities 3. Downstream Passage facilities 4. Fish Screening Facilities D. LONG-TERM MEASURES FOR SOCKEYE SALMON 1 I I. General 2. Replacement Sockeye I Iatchery 3. Lower Cedar River Habitat Restoration/Protection Landsbur-, Mitigation Agreement Table of Contents Page i of ii E. MONITORING AND ADAPTIVE MANAGEMENT 13 1. General 2. Evaluation of Fish Passage and Protection Facilities 3. Evaluation of the Sockeye Fry -production Program F. CEDAR RIVER ANADROMOUS FISH COMMITTEE 16 1. Membership 2. Committee Operation 3_ Committee Role G. COMMITMENTS TO THE CITY BY THE OTHER PARTIES 16 l . Commitments by State of Washington 2. Commitments by the Federal Parties EXHIBIT A: LANDSBURG :MITIGATION AGREEMENT COST TABLF Landsburg Mitigation Agreement Table of Contents Page ii of 11 A. GENERAL TERMS AND CONDITIONS 1. The Parties This Landsburg Mitigation Agreement ("LMA") is entered into by and between the City of Seattle (`'(he City"), a municipal corporation; the State of Washington, acting through its Governor; and the Washington State Department of Fish and Wildlife ("WDFW"); the United States Department of Commerce, National Marine Fisheries Service ("NMFS"); and the Department of the Interior, Nish and Wildlife Service (''FWS"). For purposes ofthis [,MA, the tenn "Parties" refers collectively to the City, WDFW, NMFS, and FWS. The terms of this LMA shall be binding upon the respective successors or assigns of each Party. 2. Purpose and Scope a. The City operates a municipal water supply diversion dam which has blocked approximately 12.4 miles of formerly accessible mainstem anadromous fish habitat on the Cedar River since the turn of the century. In addition, the City is responsible for managing the forest lands that constitute the entire Sub -basin for this reach of river. Due to its present high quality condition and the City's commitment through its Cedar River Watershed Habitat Conservation Plan (-HCP") to manage the surrounding riparian and upland forest as an ecological reserve, the 12.4 miles of mainstem fish habitat plus associated tributary fish habitat between Lower Cedar Falls and the [.andsburg Dam represents one of the most significant potential freshwater refuges for anadromous fish in our region. The City cannot allow fish passage to compromise drinking water quality or risk public health. Concern for the water quality effects of post -spawning fish carcasses has been a primary constraint on the decision of which anadromous fish, if any, could be allowed to pass above the water intake. Microbial and nutrient increases caused by the presence of decaying carcasses upstream of the water supply intake could adversely affect drinking water quality. However. the City recognizes the value of the highly protected habitat above the diversion dam for anadromous fish and proposes selective fish passage that is compatible with protection of drinking water quality. For species and;'or circumstances it) which fish passage must be limited or precluded, the City proposes various levels of funding to support alternative forms of mitigation. In addition, the Parties recognize that fish habitat in the lower Cedar River do�vnstreani ofthe City's ownership boundary has been fundamentally degraded by rerouting, land development, bank armoring, and regulation of stream flows, but that many opportunities exist 16r habitat restoration downstream of Landsburg_ In the past, strong concerns have been expressed by the City and by state and federal drinking water regulators about the human health risks associated with. the passage of large numbers of salmon into the municipal water supply above the Landsburg; diversion dam. Spawning carcass biomass (and therefore relative run Landsburg Mitigation Agreement Page t of 18 size) is an important factor when considering the impact of anadromous fish reintroduction above Landsburg. The City conducted a careful analysis of the potential impact of salmon spawning carcasses on drinking water quality. This assessment showed that, while passage of the mass -spawning sockeye above the water intake would compromise drinking water quality and public health, passage of coho, chinook, and steelhead above the intake was unlikely to present drinking water problems as long as the potential impacts of such passage on drinking water are carefully monitored, and as long as passage can be controlled if any significant problems develop. b. The primary objectives of this mitigation agreement are to (1) Implement biologically sound, short and long term solutions that help provide for the recovery and persistence of healthy, harvestable nuns of sockeye, coho, and chinook salmon and steelhead trout in the Cedar River; (2) Maintain a safe, high quality drinking water supply; (3) Implement restoration alternatives that have a high likelihood for success and that provide substantial value for target resources; (4) Provide fish passage over the Landsburg Diversion Dam, consistent with water quality protection, that is coordinated with run recovery, biological need, water supply operations, and facility maintenance requirements; (5) Coordinate with and support other compatible fish protection and restoration activities in the basin to maximize total benefits to fisheries resources within an ecosystem context; and (6) Design restoration measures in a manner that satisfies any mitigation obligations the City may have for the Diversion Facilities (as defined in A.2_c.) as defined by existing state and federal law and pursuant to City ordinance and initiatives. C. The City commits, as specified in this agreement, to long- tenn measures to help restore anadromous fish runs and mitigate for the blockage at Landsburg Dam, including fish passage for coho, chinook, and steelhead; artificial production facilities as alternative mitigation to passage for sockeye; and habitat restoration below Landsburg Darn. h1 other agreements which, like this one, are part of the City's Cedar River Watershed Habitat Conservation Plan under the federal Endangered Species Act, the City addresses streamflows and habitat protection and rehabilitation above Landsburg Dam. In particular, the City commits to provide for the planning, design, construction and operation of fish passage and production facilities as specified in sections B through E. The terin "Diversion Facilities" refers to the City's Landsburg Diversion Dam and water supply intake, and the water supply pipeline crossing at river mile 21.4 of the Cedar River, plus all appurtenant pipelines and related structures. as these facilities presently exist or may hereafter be reconstructed. Changes to the Diversion Facilities or to other facilities in the City's water supply system shall not change the Parties' commitments set forth in this LMA. d. The Parties agree that the City's compliance with the obligations contained in this I,MA, as specified herein, shall, during the term of Landsburg Mitigation Agreement I'a�_,c 2 of 18 this agreement, fully satisfy any responsibilities that each Party may contend the City has under existing state and/or federal law with respect to mitigation for the blockage of fish passage at Landsburg and the provision of fish guards (screens) on the water intake at the Diversion Facilities. The LMA does not include instream flows, which are addressed by a different agreement. There is established a Cedar River Anadromous Fish Committee ("the Committee" or "CRAFC") to aid in communication among the Parties and to advise the City concerning implementation of this agreement. The membership and role of this group is further described in section F of this agreement. The Committee shall be formed and begin operation not later than ninety (90) days after the Effective Date of this agreement. 3. Effective Date This LMA shall become effective on the first day after both of the following conditions have been met ("Effective Date"): a. all Parties sign the LMA, and h. the City, USFWS, and NMFS sign an Implementation Agreement ("IA") for the HCP. 4. Term The term of this LMA shall be 49 years beyond the end of HCP Year 1, as defined in subsection A.8, subject to extension upon written agreement of all Parties. 5. Amendment This LMA may be amended by mutual agreement of all Parties. Any amendment shall be in writing and signed by all Parties. 6. Funding and Accomplishment of Work a. The City agrees to make available for LMA implementation the full amounts of money specified in Exhibit A (totaling $36,927,000) for each of the four Cost Categories of (1) "Coho, Chinook, and steelhead mitigation," (2) "Sockeye mitigation," (3) '`Coho, Chinook, and steelhead research and monitoring," and (4) "Sockeye research and monitoring," This commitment applies re-ardless of whether cost savings are achieved on individual activities. Except as provided in section B.2.a, the City will not be required to exceed these cost caps for each of these Cost Categories, unless it agrees to do so through a written amendment, or the Parties have agreed to extend the term of this agreement as provided for in A.4. Exhibit A, attached to this agreement and incorporated by reference, shows the maximum expenditures t_andsburg Mitigation A,reement Page 3of18 which could be required of the City under this agreement, for each HCP year. Unspent funds from previous years can be carried over and added to annual maximums in succeeding years. Amounts actually spent in any given year will vary depending on the progress of various activities. b. All dollar amounts in this LMA are represented in 1996 dollars. These figures will be adjusted annually each full year after 1996 for inflation or deflation, based on the "Consumer Price Index for All Urban Consumers" published by the Bureau of Labor Statistics of the U.S. Department of Labor. If this index is discontinued or becomes unavailable, a comparable index will be designated by the Parties. The inflation adjustment established in this subsection shall also apply to the caps on City -initiated fund transfers established in subsection A.7, below. C. Except as otherwise provided in this agreement, and subject to applicable laws and regulations, the City retains authority to determine how LMA activities will be accomplished, including who will conduct the actual work. I lowever, the City will consider cooperative agreements with any of the Parties as a means of accomplishing some activities, including the use of the Parties' staff, as allowed under law. The City does riot; by this provision, assert authority to establish targets, timing, or location for releasing, planting, or placing fish in state waters from any production facility. d. All Parties shall support the efficient and effective use of funds to accomplish the goals, objectives, and elements of the LMA within the overall cost cap and fund transfer limitations described below. C. Nothing contained in this agreement is intended to prevent the Parties from adding additional features to a facility, or otherwise improving its functioning for the long-term benefit of fish resources, through cost sharing or similar arrangements. 7. Transfers of Funds Unless otherwise specified in this agreement no transfers of funds between the Cost Categories identified above in subsection A.6.a. may occur without a written anrcndrncnt to this agreement (e.g., City can't transfer funds from "sockeye mitigation" to "coho, chinook and steelhead mitigation-). However, the City shall have authority to make transfers of funds among activities within each of the four Cost Categories (e.g., City can transfer funds within "sockeye mitigation-' cost category from interim mitigation to hatchery construction), provided such transfers ( l) do not exceed S50,000 for capital (construction) projects or $ 15,000 for operating activities; (2) don't exceed more than three transfers per year in any one cost category; (3) are described in annual reports to the Committee; (4) do not affect the City's ability to accomplish agreed -upon elements of the HCP; and (5) do not compromise the overall purposes and objectives of the HCP, including the LMA. Transfers of funds greater than LaMsburg Mitigation A,reement PaL,e 4 of 18 $50,000 (capital) or $15,000 (operating) within each Cost Category can be made only with agreement of all Parties. 8. Convention Adopted for Schedule Commitments The schedule commitments in this LMA are expressed in terms of HCP Years. "HCP Year I" shall mean the period between the Effective Date and the end of the following full calendar year. `HCP Year 2" and all succeeding HCP Years shall coincide with the calendar years that follow the end of HCP Year 1, 9. Resolution of Disputes a. The Parties recognize that disputes concerning implementation of this LMA may arise froze time to time. It is the intention of the Parties to work together in good faith to resolve any such disputes through the procedures set forth below. Although the Parties prefer the use of alternative dispute resolution to the extent practicable, it is not a prerequisite to initiation of judicial proceedings as provided for under A.12. b. Any Party wishing to resolve a dispute under this LMA shall notify the other Parties by setting forth its position in writing, including a specific description of the situation it wishes to address, the reasons why it believes certain actions or conditions constitute a violation of the LMA (if that is the contention), and the action it wishes the Parties to take. Any other Party may submit to all of the Parties a written response within 30 days. C. Following this exchange of written statements, any Party through a policy -level administrator may invoke review of the dispute by contacting other Parties" policy -level administrators and arranging for a suitable telephone or in -person conference. d. In the event that the policy -level administrators fail to resolve the dispute, any Party may request mediation, which shall take place only if agreed to by all of the Parties_ The mediator shall be selected by the Parties within 10 days of the request, and the process concluded within an additional 30 days, unless the Parties otherwise agree. Costs shall be shared equally by all Parties. 10. Force Maieure a. The teen "force majeure," as used in this document, means events that are beyond the reasonable control of, and that did not occur through the fault or negligence of, the City or any entity controlled by the City, including its contractors and subcontractors to the extent they are carrying out authorized activities, including but not limited to; acts of God, sudden actions of the elements, including fire; or actions of Congress, the Washington State Legislature, federal or state agencies or courts, or an action of a local jurisdiction Landsburg Mitigation Agreement Page 5 of 18 other than the City that prevents the City from performing its obligations under the terms of this agreement. b. Force majeure procedures. In the event that the City is wholly or partially prevented from performing obligations under this agreement because of a force majeure event, the City will be excused from whatever performance is affected by such force majeure event to the extent so affected, and such failure to perform will not be considered a material breach of this agreement, provided that (1) the City uses its best efforts to avoid and mitigate the effects oFany delay; (2) the suspension of performance is of no greater scope and no longer duration than is reasonably required by the force majcurc: (3) the City notifies the Parties orally within a reasonable time (nonnally not to exceed 48 hours) after becoming aware of any event that the City contends constitutes a force majeure, and in writing within seven (7) calendar days after the event. Such notice will: identify the event causing the delay or anticipated delay; estimate the anticipated length of delay; state the measures taken or to be taken to minimize the delay; and estimate the timetable for implementation of the measures; and (4) when the City is able to resume performance of its obligations, it provides the Parties written notice to that effect. 11. Termination by the City The City may voluntarily terminate this agreement, provided it gives all other Parties written notice of its intent to terminate, explaining its reasons therelor, at least two years in advance of termination, and provided further that no such notice may be given in advance of the end of HCP Year 4. 12. Remedies Each Party shall have all remedies otherwise available in equity, including specific performance, to enforce the terms of this agreement. No Patty shall be liable in damages to any other Party or other person for any breach of this agreement, any performance or failure to perform a mandatory or discretionary obligation imposed by this agreement, or any other cause of action arising from this agreement. andsburg MitiLmuon Agreement Page 6 of t 8 B. INTERIM MEASURES FOR STEELHEAD TROUT, AND COHO, CHINOOK, AND SOCKEYE SALMON I. General The City will make available the sum of $1,744,000 for the implementation of interim mitigation measures as described in this section B for the four anadromous fish species ($720,000 for steelhead trout, eoho and chinook salmon mitigation, and $1,024,000 for sockeye salmon) until long -tern mitigation measures are in place. The specific measures, implementation schedules, and cost scheduling will be as identified below unless modified by agreement of the Parties. 2. Interim Measures for Steelhead Trout, and Coho and Chinook Salmon a. The City will provide up to $90,000 per 11CP year for interim mitigation measures for Steelhead trout, and coho and chinook salmon, beginning in HCP Year I and continuing until the end of HCP Year 8. In the event that completion of construction of any of these facilities is delayed beyond the end of HCP Year 8, the provisions of section C.2.c, C.3_c, and CA.c shall govern continued mitigation measures. Notwithstanding any other provision of this agreement, if interim mitigation must be continued beyond HCP Year 8 for one or more of these facilities, the differential cost of continuing such interim mitigation, over what would otherwise be the cost of operating the permanent facilities, shall not be charged against the overall IICP cost cap, but shall be borne by the City independently of such cost cap. b. The interim mitigation funds shall be used, with agreement of all Parties, to accomplish the following: i) fund the implementation of life history, genetic, demographic and/or ecological studies to fill critical information gaps; ii) irriplement emergency supplemental production programs designed to help sustain and rebuild the populations in a manner that helps ensure their long -terns reproductive fitness, and capacity to adapt to changing environiriental conditions; andior iii) other measures deemed appropriate by the Parties to achieve the objectives of the LMA. If the Parties fail to agree on the form of interim mitigation within two years of initiating discussion of the issue, then the City shall spend the funds for fish habitat acquisition, restoration, or enhancement within the Lake Washington Basin. 3. Interim Measures for Sockeye Salmon The City will provide up to $256,000 per HCP Year for interim sockeye mitigation. Unless otherwise agreed to by the Parties, this funding is dedicated to the operation of the existing interim sockeye salmon hatchery facility at Landshurg, beginning in HCP Year 1 and continuing until the end of IICP Year 4 Landsburg Mitigation Agreement Page 7 of 18 or until the proposed new hatchery facilities are completed, whichever is sooner, and subject to the provisions of D.2.f. The interim sockeye hatchery is owned by the City, which will remain responsible for assuring its continued operation, as required by the terms of this agreement. The facility will be operated by WDFW" pursuant to a Memorandum of Agreement from July 1998 until July 2003. In the event that the replacement hatchery is not constructed by July 2003, the City will operate the hatchery, enter into a MOA with WDFW, or contract with another party to operate the hatchery. C. LONGTERM MEASURES FOR STEELHEAD TROUT, AND COHO AND CHINOOK SALMON 1. General a. The Parties wish to enable anadromous fish to fully utilize the river habitats above Landsburg Dam, insofar as possible without negatively impacting safe drinking water. The City conducted a careful risk assessment of potential salmonid passage over Landsburg Dam and determined that, while passage of the mass -spawning sockeye above the water intake would compromise drinking water quality and public health, passage of the much less numerous coho, chinook, and steelhead above the intake was unlikely to present drinking water problems as long as the potential impacts of such passage on drinking water are carefully monitored, and as long as passage could be limited if any problems occur. Therefore, as further specified in Fxhibit A, the City will provide up to $8,178,000 for the design, permitting (including any construction mitigation), construction, and operation of fish passage and protection facilities as described in subsections C2 through CA. Such expenditures, as well as the dates for initiation or completion of the activities specified below, are subject to the City's ability to obtain any necessary permits and to successfully complete any requisite review process under the State Environmental Policy Act (SEPA) and the National Fnvironmental Policy Act (NEPA) within the cost schedules and time frames described in this section C. b. Notwithstanding other provisions of this agreement, the City will create a special Design Contingency Fund of $583,000 in addition to the amounts specified in the IICP Cost Categories. This contingency amount is in addition to the 20% contingency assumed in the conceptual design cost estimates. This Fund shall be made available for construction of any of the fish passage facilities identified below, in the event that the City determines, following a value engineering process at the 30% design phase, that such additional sums are needed to achieve the objectives of this agreement. Such funds shall not be available to fund any changes to facility designs that alter the intent of such facilities or expand their purposes beyond those stated in this agreement. C. Once any one of the fish passage and protection facilities described in subsections C.2 through CA is completed, the City will provide up to Landyhurg Mitigation Agreement Page 8 of 18 $50,000 per year to operate and maintain said facilities, for each year of operation for the duration of this LMA. Money for this activity is included in the total identified in subparagraph C.1.a. d. The Parties will agree on facility design, construction, and operation, with advice from the Committee as provided in section F. C. Once fish passage facilities are completed, all native fish species in the Cedar River, with the exception of sockeye salmon, will be allowed access to the municipal watershed through the fish ladders, as provided herein. The City will allow up to a total biomass of 46,500 pounds (e.g. about the equivalent of 1,000 Chinook and 4,500 coho salmon) of adult Chinook and coho salmon per year to pass into the habitat above the Landsburg Diversion Dam, provided the City has determined such action does not pose a risk to drinking water quality and public health. There will be no limit on passage of naturally produced steelhead trout. The City will monitor the effects of fish passage on drinking water quality and may increase or decrease the numbers of fish passed, based on the results of such monitoring, as described in subsection E.2. .Prior to instituting measures to decrease fish passage. the City will select and consult with one or more independent experts, who will evaluate the situation and the available options, and will prepare a report with a recommendation as to whether fish passage can occur without posing a risk to drinking water quality and public health. The City will review the report with the Committee, and will provide an explanation for its decision regarding fish passage. In the event that the City decides to limit the numbers of fish allowed to pass above the diversion, it will do so pursuant to section E.2.e. f. If, prior to construction of any of the fish passage and protection facilities provided for in this section, the City determines that it is unable to obtain the necessary permits, it shall so advise the Parties. If; after consultation with the Committee, all of the Parties agree that alternative mitigation should be pursued in lieu of one or more of the proposed facilities, then the City will commit remaining construction, operation, and monitoring funds, at a level, and according to a schedule that does not exceed the total of its original commitments, to alternative mitigation. In the event that the Parties cannot agree on alternative mitigation by two years after they begin deliberations on the subject, these monies shall be spent by the City for fish habitat acquisition, restoration, or enhancement within the Lake Washington Basin. Obligations for interim mitigation funding under subsections C.2.c, CAc, and C.4.c shall cease upon initiation of such alternative mitigation, 2. Upstream Passage Facilities a. The City will provide up to S2,01 1,000 for the design, permitting (including any construction mitigation), and construction of upstream adult fish passage facilities at the Diversion Facilities. Umdsburg Mitigatioa Agreemeait Paee 9 of 18 b. The City will initiate design of upstream fish passage facilities immediately after the effective date of this agreement, with a target date for completing construction by the end of HCP Year 3, dependent on successful completion of pennitting and environmental review. C. If, due to a force majeure event or the City's inability to successfully complete any required environmental review or obtain the necessary permits, construction activities are not completed by the end of HCP Year 8, the City will provide interim mitigation funds at a rate of up to $30,000 per year (1'3 the amount of the total annual interim mitigation funds for steelhead, coho and chinook), pro -rated in proportion to the fraction of each year that elapses between the beginning of the HCP year and the date construction is completed. This extended interim mitigation will cease in the event that the Parties decide that alternative mitigation be pursued, as provided for in C. I .f. 3. Downstream Passage Facilities a. The City will provide up to $958,000 for the design, pennitting (including any construction mitigation), and construction of downstream Fish passage facilities at the Diversion Facilities. b. The schedule for design and construction of downstream passage facilities shall he the same as for upstream passage facilities, as described in subsection C.2.b. C. If, due to a force majeure event or the City's inability to successfully complete any required environmental review or obtain the necessary permits, construction activities are not completed by the end of f ICP Year 8, the City will provide interim mitigation Funds at a rate of up to $30,000 per year (111'3 the amount of the total annual interim mitigation funds for steelhead, coho and chinook), pro -rated in proportion to the fraction of each year that elapses between the beginning of the HCP year and the date construction is completed, or until the Parties decide that alternative mitigation be pursued, as provided for in C.1, F. 4. Fish Screening Facilities Lt. The City will provide up to $2,859,000 for the design, pennitting (including any construction mitigation), and construction of screening facilities to minimize any entrainment of juvenile salmonids into the City's drinking water intake at the Diversion Facilities and to transport juvenile fish safely from the area upstream of the screens back to the river downstream of the diversion dam. b. Design of these facilities will be initiated immediately after the effective date of this agreement, with a target date for completion by the end of HCP Year 3, dependent on successful completion of permitting and environmental review. I.andsburl; Mitigation Agreement Paule 10 of 18 C. If the construction of the fish screening facilities has not been completed by the end of HCP Year 8, the City will provide interim mitigation funds at a rate of up to S30,000 per year (1/3 the amount of the total annual interim mitigation funds for steelhead, coho and chinook), pro -rated over the fraction of each year that elapses until such time as construction is completed. This extended interim mitigation will cease in the event that the Parties decide that alternative mitigation be pursued, as provided for in C. l .£ D. LONG-TERM MEASURES FOR SOCKEYE SALMON 1. General a. To minimize and mitigate any long-term effects of the migration barrier created by the Diversion Facilities on sockeye salmon, the City will provide up to S23,347,000 for the design, permitting (including construction mitigation), construction, and operation of a sockeye hatchery to replace the interim hatchery at Landsburg (as described in subsection D.2) and for habitat restoration and/or protection in the lower Cedar River (as described in subsection D.3). Such expenditures, as well as the dates for initiation or completion of the activities specified below, are subject to the City's ability to successfully complete the requisite review process under the State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA) and obtain any necessary pen -nits within the cost schedules and time frames described in this section D. b. The Parties, in consultation with the Committee, will oversee the long-term sockeye mitigation program, including design, construction, and operation of the replacement hatchery, including reviewing monitoring results and making adjustments in the program as necessary to meet program objectives, as described in Part E. The Parties will ensure that a comprehensive public involvement and environmental review process for the long-term hatchery prograrn is carried out prior to the end of HCP Year 3, when the Parties will make final decisions regarding the design, capacity, operating guidelines, and adaptive management features of the program. This process will be paid for by the City, subject to the provisions of section A.6. Once the Parties have approved the capacity, design, operating guidelines, and adaptive management prograrn, the City will arrange for the construction of the replacement sockeye hatchery, and will own the hatchery. The City will operate or contract with WDFW and/or another party to operate the replacement hatchery during the term of this agreement. Operations will be conducted pursuant to the monitoring and adaptive management provisions of section E, as well as other terms of this agreement. c_ Hat any time all Parties to this LMA agree that the replacement sockeye hatchery is no longer appropriate, then the City will commit Landsburg Mitigation Agreement Page 11 of 18 any remaining construction, operation and/or monitoring fiends to alternative mitigation at a level and according to a schedule that does not exceed the total of its original funding commitments for the sockeye fry production program. The form of the alternative mitigation shall be as agreed by the Parties, but in the event that no agreement is reached by two years after the Parties begin deliberations on the issue, the City shall spend any remaining funds for fish habitat acquisition, restoration, or enhancement in the Lake Washington Basin. 2. Replacement Sockeye Hatchery a. The City will provide a maximum of up to $7,678,000 for the design, penmitting (including construction mitigation), and construction of a replacement sockeye salmon hatchery, and associated broodstock collection and fry release facilities capable of producing up to 34,000,000 sockeye fry per year. These facilities are described more fully in section 4.3 of the HCP_ In the event that the City is able to construct these facilities at a lower cost, the remaining funds may be spent for the benefit of any or all anadromous fish species as determined by the Parties, notwithstanding any other provision of this agreement, including section A.7. b. As part of the planning and design phase for the sockeye hatchery in HCP Years 1 through 3, the City will make available up to $200,000 to support development and evaluation of treasures to improve sockeye broodstock collection practices. Development and evaluation of these measures will be overseen by the Parties, in consultation � ith the Committee, in an effort to improve the degree to which the interim and long tenn broodstock collection practices will meet the dual objectives of: (1) capturing a sufficient number of' brood fish in a manner that helps insure the long term reproductive fitness, genetic diversity and adaptive capacity of the Cedar River sockeye population; and (2) avoiding and minimizing potential detrimental impacts on naturally reproducing salmonids in the Cedar River. C. In I ICP Year l the City will provide S32,000 for the development of guidelines to direct the design, construction, operation and monitoring phases of the sockeye fry -production program, as further described in subsection E.3.h. d. Design of the replacement sockeye hatchery will be initiated by the City in HCP Year 1. After completing the review process described in subsection D. Lb, the Parties shall agree in Year 3 as to the design, capacity, operating guidelines. and adaptive management program, developed pursuant to subsection. E.3.b. The replacement hatchery facilities will be operational by September I of IICP Year 5, dependent on timely completion of permitting and environmental review. C. Once the replacement sockeye hatchery is constructed, the City will provide up to 5300,000 per year to operate and maintain the facilities for Landsburg Mitigation Agreement Page 12 of 18 the term of this LMA. In the event that the City is able to operate these facilities at a lower cost, the remaining funds may be spent for the benefit of any or all. anadromous fish species as directed by the Parties, notwithstanding any other provision of this agreement, including section A.7. £ If, due to a force majeure event or the City's inability to successfully complete any required environmental review or obtain the necessary pennits, the facilities have not been completed by September 1 of HCP Year 5, the City will continue to provide funding for the existing interirri facility at a level of S256,000 per year for each additional year beyond HCP Year 5 in which construction of the replacement hatchery has not been completed by September 1. In addition, the City shall make available an additional S44,000 for each such additional year, for mitigation to be determined by agreement of the Parties. These additional expenditures will be subtracted from the remaining funds in this Cost Category, and the obligation for such expenditures will cease in the event that the Parties establish alternative mitigation measures pursuant to subsection D.I.c, above. 3. Lower Cedar River Habitat Restoration/Protection The City will provide up to S 1,637,000 in HCP Years 2 through 5 to acquire, restore, and/or protect habitat for any or all anadromous fish, especially Chinook salmon, in the lower Cedar River outside the City"s current property ownership boundary as directed by the Parties, in consultation with the Committee. Any unspent funds may be spent in subsequent years. "Phis money shall be in addition to any monies reallocated to habitat restoration/protection From other activities. E. MONITORING AND ADAPTIVE MANAGEMENT 1. General a. The Parties agree that mitigation measures contained in this LMA are intended to benefit the fishery resources of the Cedar River by protecting, improving and increasing available habitat and fish production. The Parties recognize the importance of monitoring mitigation measures and the conditions of the fish populations to assure that the purposes of this LMA and the HCP are met. The Parties also acknowledge that available inforn-tation on certain complex ecological, genctic, and demographic processes is not complete. Therefore, the City, in cooperation with the other Parties, will sponsor and conduct certain studies, as specified in this section F, and act on the results as indicated to manage anadromous fish mitigation in an adaptive fashion. The Parties are committed to use adaptive management to address critical questions as they arise, and make changes in management based on the results of monitoring to rneet the specific objectives of the program. The details of adaptive management Landsbttrg Mitigation Agreement E'age 13 of 18 for the sockeye mitigation program will be developed prior to the review and decision described in subsections D.l.b and D.2.d. b. Except as otherwise provided, changes in all major aspects of study planning, implementation, and coordination with other related studies shall, within the indicated cost constraints, be subject to the approval of the Parties, in consultation with the Committee, which shall meet as Frequently as appropriate to address study requirements. The City shall use its best efforts to complete final study reports no later than one year after completion of the respective studies. 2. Evaluation of Fish Passage and Protection Facilities a. Fish passage and protection facilities will be provided under this agreement to minimize any effects of the present migration barrier created by the Diversion Facilities on steelhead trout, and coho and chinook salmon. Subject to applicable pennitting requirements, generally accepted standards and designs will be used to design, construct, and operate these facilities. To ensure that the mitigation measures are performing as intended, the City will provide the opportunity for the Parties to conduct a full final inspection oFthe completed facilities and will sponsor specified studies as described in this subsection E.2 to evaluate and monitor system performance- b. The City will provide up to a total of $1 10,000 during the first 12 years after completion of the upstream Dish passage Facilities at the Diversion Facilities to monitor the rate of adult fish passage, and to better understand run timing, the rate of passage, and the rate at which the populations recolonize previously blacked habitat. C. Once the fish -screening facilities are constructed upstream of the drinking water intake, the City will provide up to a total of $ 15,000 to perform hydraulic analyses to refine flow characteristics of the screens and demonstrate conformity with hydraulic parameters established by the Parties during the design of the facility. d_ The City will provide up to $10,000 per year for a total of up to 6 years to nneasure the effects on drinking water of allowing anadromous fish above the Diversion Facilities. The first year o[measurement will occur prior to the construction of the fish passage facilities to establish baseline parameters for selected water quality criteria. The remaining 5 years of measurement will be conducted in HCP Years 8, 10, 15, 20 and 25, If the results of the monitoring program indicate that the biomass of fish allowed to pass above the Diversion Facilities should be adjusted either upward or downward, based on drinking water quality or public health concerns, the City may act as provided in paragraph C_ Le, above, to establish new limits for fish passage. ender no circumstances will the number of fish passed above the Diversion Facilities be allowed to pose a risk to drinking water quality and public health. Landsburg Mitigation Agreement Page 14 of 18 e. If, to adequately protect drinking water quality, it becomes necessary to limit the biomass of adult fish allowed to pass above the Diversion Facilities below the biomass specified in C.1.e, the City will resume interim mitigation funding until such time as full fish passage can be restored_ Under such circumstances, the City will provide up to S30,000 per year for each species that must be limited, prorated in proportion to the reduction in coho and chinook biomass below the biomass specified in C. Le. The Parties, in consultation with the Committee, shall agree on the form of such mitigation. If the Parties fail to agree on the form of such mitigation within two years of initiating discussion of the issue, then the City shall spend the funds for fish habitat acquisition, restoration, or enhancement within the Lake Washington Basin. 3. Evaluation of the Sockeye Fry -production Program a. Several key objectives have been established for the sockeye fry -production program. First, the replacement sockeye hatchery should be designed to produce up to 34 million fry, unless the Parties determine that a lower production capacity is appropriate. Second, the program should be designed to produce fry that are equivalent in quality to those that are produced naturally. Third, the program should avoid or minimize detrimental impacts on the reproductive fitness and genetic diversity of naturally reproducing sockeye salmon populations in the Cedar Diver and Bear Creek subbasins. Fourth, the program should avoid or minimize detrimental ecological impacts on native salmonids throughout the watershed. b. During HCP Year 1, the Parties, in consultation with the Committee and consistent v� ith their respective authorities and other applicable laws, shall develop guidelines to govern the design, construction, operation, and monitoring phases of the sockeye fry production program. The guidelines will include procedures for developing and modifying annual production targets. C. The Parties recognize that adaptive response to emerging issues is desirable in management of the hatchery, and therefore have established a monitoring program to evaluate hatchery operations. The Parties recognize further that circumstances may occur which could cause them to modify expected outcomes or which could result in an inability to achieve production objectives. The City shall not be responsible for such circumstances or the results thereof: d. To further etlsure that the program is successful, the City will provide up to $3,473,000, as outlined in Exhibit A, to monitor the performance and potential impacts of the sockeye fry production program. Decisions regarding interpretation of monitoring results, alterations in the monitoring program, and alterations in production program operations will be made by the Parties, except as specified elsewhere in this LMA. t andsburg Mitivation —rcement Page 15 of IS C. If, based on the monitoring results, the Parties, in consultation with the Committee, conclude that certain components of the program implementation are not meeting program objectives (stated in paragraph E.3.a, above), then the Parties, by agreement, may alter the program to meet those objectives, provided such alterations do not result in expenditures earlier than provided for nor change the total dollar amount allocated to the sockeye salmon mitigation program. f. If the sockeye fry -production program is discontinued according to the provisions set forth in subsection D.1.e. during the term of this LMA, or if the City is unable to complete construction of the replacement sockeye hatchery, then the City will commit remaining monitoring funds, at a level not to exceed the total of its original commitments, to alternative mitigation as directed by the Parties pursuant to subsection D.1.c. F. CEDAR RIVER ANADROMOUS FISH COMMITTEE Membership The Cedar River Anadromous Fish Committee shall have 10 members, as follows: one for each signatory to this LMA, except the Governor; one for King County, contingent on the C:ounty's written endorsement of the HCP; one for the Muckleshoot Indian Tribe (if they are not a signatory); one representing the group of organizations that were signatory to the June 11, 1999 Notice of Appeal of the Finat EIS for the I ICP; and three other stakeholders selected by unanimous agreement of the Parties_ 2. Committee Operation The Committee shall be formed and begin operation not later than ninety (90) days after the effective date of this agreement. Meetings of the Committee may be in person or by telephone or by such other method as tray be acceptable to the members. The Committee may, by unanimous agreement of the Parties plus a majority vote of other members, adopt by-laws to govem administrative matters such as notices, record -keeping, Frequency of meetings, and mechanisms for convening the Committee. The City will chair the Committee and provide administrative support for its operation. 3. Committee Role The Committee will provide advice and consultation to the City concerning the implementation of this agreement, and shall Serve as a ibrum for- coordination and communication among the members of technical information on the status and condition of anadromous fish stocks in the Cedar River and the implementation and oversight of interim and long-term mitigation measures for these species. Landsburg Mitigation Agreement Pacyc 16 of 18 G. COMMITMENTS TO THE CITY BY THE OTHER PARTIES 1. Commitments by the State of Washington a. The State of Washington, acting through its Governor and its WDFW, agrees that the City, if it is in substantial compliance with the terms of the LMA, including fully funding the annual operations of the facilities to be constructed under the terms of this agreement in the amounts set forth in Exhibit A, is in compliance with all requirements of existing state law with respect to the blockage of fish passage at Landsburg and the provision of fish guards (screens) on the water intake. `Substantial compliance-' means compliance with all essential terms and conditions of the LMA in all respects material to achieving the objectives of the LMA. The State, acting through its Governor and its WDFW, releases the City during the term of this agreement from any liability to the State that the State contends may exist under existing state law in connection with the blockage to fish passage resulting from the Diversion Facilities, or in connection with operation of the water intake, except instrearn flaws, which are covered by a separate agreement. Further, the State, acting through its Governor and its WDFW, releases the City from any and all retrospective claims for liability prior to the execution of this agreement under existing state law for blockage to fish passage resulting from the Diversion Facilities and for operation of the water intake if the agreement is not terminated by the City prior to the term as stated in A.4. b. The State, acting through its Governor and its W Dl' W, agrees that, under existing state law and during the term oi'this agreerncnt, any City actions to maintain and improve the Diversion facilities would not be grounds to require any further mitigation for the blockage of fish, as long as the Diversion Facilities and any improvements constructed as part of this LMA remain operable. This paragraph is not intended to excuse any violations of permits applicable to Diversion Facilities. Z. Commitments by the Federal Parties a. NIv1FS and USFWS agree that the mitigation measures set forth in this LMA; in combination with the other measures set forth in the City's HCP, sufficiently minnnize and mitigate for take of Covered Species to meet all rcquiretments of the Endangered Species Act, and entitle the City to issuance of an incidental take permit under the procedures set forth in the IA. b. NMFS and USFWS agree that any City actions to maintain and improve the Diversion Facilities would not be grounds to require any further mitigation for blockage of fish or operation of the water intake, as long as the facilities constructed as part of this agreement remain operable, and provided that any such maintenance or improvement does not affect Covered Species to a significantly greater degree than that analyzed under the HCP. Landsburg Mitigation Agreement PaUc 17 of 18 IN WITNESS WHEREOF, the City of Seattle has caused this Landsburg Mitigation Agreement to be executed by its Mayor pursuant to Resolution 29977, as amended by Resolution 30091, and other Parties have executed the same pursuant to applicable legal authorities. THE CITY OF SEATTLE By: Date: Paul Schell, Mayor THE STATE OF WASHINGTON By: Date: Gary Locke, Governor By: Date: Jeff Kocnings, Director Department of Fish and Wildlife U.S. DEPARTMENT OF COMMERCE, NATIONAL MARINE FISHERIES SERVICE By: Date: William W. Stclle; Regional Administrator DEPARTMENTF OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE By: Date: Tom Dwyer, Deputy Regional Director LandtibUrL 'Mitigation Agreement page 18 of 18 EXHIBIT A to the LANDSBURG MITIGATION AGREEMENT LANDSBURG DAM MITIGATION AGREEMENT COSTS TABLE Fred Kaufman - broodstock Itr,pdf Page 1 CITY C)Fl August 8, 2008 Nancy Ahern, Deputy Director Utility Systems Management Seattle Public Utilities P.Q. Box 34018 Seattle, WA 98124 Subject, Broodstock Collection Facility Dear Nancy: Denis La!{`, Mayor The Cite, of Renton appreciates and is aware of your concerns for operating the broodstock collection weir this year. The City has spent many collaborative staff hours to facilitate €he movement of the necessary permits though the required processes as quickly and efficiently as possible. As you may know, the City of Renton is in support of the broodstock facility, although a few issues are yet to be resolved. The subject site proposed for the broodstock collection facility was purchased by the City with grant monies that were administered by the Recreation Conservation Office (RCO). The City, along with SPU, has been working to receive confirmation from RCO whether the subject broodstock facility would constitute a property conversion by RCO. Without a response from RCO, the record for the public hearing scheduled for Tuesday, August 12 would be required to remain open until a response is received. Resolution of this issue is required prior to a permanent land use permit and/or a temporary permit for the broodstock facility. The last communication the City received from RCO indicated a response by Monday, August 11, 2008. Additionally, the City of Renton and the Wmliingtoa Department of Fish and Wildlife («r[lrW) need to agree on an acceptable revision to the City's Hydraulic Project Approval (EPA) permit for the dredging project, prior to the broodstock facility weir (permanent or temporary) being used to collect sockeye salmon, The City of Renter's Elliott spawning channel and planned second spawning channel provide mitigation for the initial project construction and future maintenance dredging. However, the proposed broodstock facility will be removing fish downstream of these channels, thereby reducing the number of fish that could potentially use these spawning channels and preventing the City from meeting the mitigation requirements in the HPA permit. So the HPA permit needs to be revised to account for the Fish that are being removed from the Cedar River at the broodstock facility. The City understands your concerns in this urgent situation and is willing to re -word the proposed conditions regarding the MCA and Safety Management Plan as follows: 1. "The applicant shall successfully complete a memorandum of agreement (MOA) between SPU and the City of Renton for the management and use of City property. The MOA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to the 2009 operation of the broodstock facility'; and 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6500 r FAX (425) 430-6523 Fred Kaufman - broodstack Itr.pdf Page 2 Ip Nwicy Ahem, Deputy Director August 8.. 2008 Page 2. "The applicant shall be required to provide a safety management plan to be reviewed for approval by the City of Renton's human Resource/Risk Manageirent department prior to the 2009 operation of the broodstock facility". With these changes, the City feels SPU can successfully meet all conditions of approval for broodstock collection this year. Furthermore, all the land use permits required from the City of Renton may be completed prior to September 15, 2008, in time for SPIT to install their weir in the Cedar River if the following occurs: • The RCO responds by August 11, 2009, with a "no conversion" determination. • The public bearing closes on August 12, 2008. • The I learing Examiner makes a timely decision. • The land use permits are not appealed. Please note that the agreement on an acceptable revision of the HPA permit for the dredging project with WDFW mast be resolved prior to broodstock collection, not installation of the weir, allowing more Lime forthis process to be completed. We hope .that the proposed changes in ;his letter will assist SPU.in reaching their goals far broodstock collection in 2008, and resolve some outstanding issues. We will continue to move this project through the required processes as quickly arid;efficiently as possible. Thank you for your consideration and understanding of the complexitiesof this project and the different agencies involved. Please, feel free to contact -me if you have any question or concerns. Sincerely, Jay Covington Chief Administrative Officer cc: tlah Fventt, Wv ishinglon DJ:parinscnl of Fish and Wildlife Cedar River Anadromous Fish Committee Gregg Zimmerman, Public Works Administrator C. E. Vincent, Planning Director Alex Pietsch, Community & Economic Development Administrator Fred Kauffman, Hearing Examiner Vanessa Dolbcc, Associate Planner File LUA08-018 Fred Kaufman - Re: Fwd: Authorization Letter RCO - Broodstock Facility Page 1 From: Fred Kaufman To: April Alexander Subject: Re: Fwd: Authorization Letter from RCO - Broodstock Facility 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. >>> April Alexander 08/12/08 8:29 AM >>> >>> Leslie Betlach 8/11/2008 4:34 PM >>> Hello everyone, Good news. Please see attached authorization letter from the RCO indicating that the proposed Broodstock facility does not constitute a Conversion process. The RCO will not require the City to execute an MOA with SPU prior to construction as in the earlier draft, but rather keep the RCO included in the development of future agreements between the City and SPU so that the City maintains consistency with the Washington Wildlife and Recreation Program. And then upon completion, the City will be required to forward an executed agreement to the RCO. As with other park sites that have funding administered by the RCO, the RCO will make annual visits to ensure compliance. thanks, Leslie Leslie A Betlach Parks Director City of Renton 1055 South Grady Way Renton, WA 98057 425-430-6619 Ibetlach(a-)ci.renton.wa.us Natural Resources Building 1111 Washington St SF Olympia WA 98501 PO Box 40917 . Olympia WA 98504-0917 4 f LP ieea STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE (360) 902-3000 . TTY (360) 902-1996 Fax:(360) 902-3026 E-mail: info@rco.wa.gov Web site: www.rco.wa.gov August 7, 2008 . AIL 'r C P Leslie Betiach Renton Parks Department 1055 S. Grady Way 5°1 Floor Renton, WA 98055 RE: Construction of Goat Launch/River Access and Broodstock Collection Fact* on the Cedar River (City of Renton), RCO Projects 92-297D, 93-124A, 79-038A Dear Ms. Betlach, This letter is a response to your request for clariflcatron regarding the pending development at the Cedar.River just north of As intersection with 1-405. As detailed in the attached Ced r River Access Facility Management Plan (Seattle Public Utilities [SPU] July 30"' 2008), the planned construction and management of the site currently does not constitute a conversion per your Washington Wildlife and Recreation Program — Local Parks and Trails (WWRP) grant agreements. This determination is contingent on the City of Renton's on -going maintenance and operation of the site as a recreational resource to your park users and meeting your obligations under WWRP. Please keep RCO included in the development of any future use agreements you will develop and sign with SPU (or others) so we can ensure the signed documents) is consistent with your obligations under WWRP. If and when adopted, we require that Renton send RCO a signed copy of your use agreement with SPU (or others). We require this as your obligation under WWRP is in perpetuity and RCO therefore has a responsibility to review site uses, proposed development, and inspect the property. Please remember that this determination may change depending on the maintenance, function, condition and public usability of the river access site. Additionally, know that future proposalslchanges to the grantfunded property will be evaluated independent of this determination. If you have further questions please contact Adam Cole at 360-902-3084, or adam.'cole@rco.,wa.gov. Sincerely, RachaelLangen Deputy Director oc: Adam Cole Marguerite Austin Enclosed: r Rlv6r Access Facilily Management Plan (Seattle Public Utilities July 301' 2008) Recreation and Conservation Funding Board ° Salmon Recovery Funding Board • Washington Biodiversity Council � ° Washington invasive Species Council ° Forum on Monitoring Salmon Recovery and Watershed Health City of Seattle Ciregory J. Nickels, Mayor Seattle Public U ilities Chuck Clarke, Director August 8, 2008 Washington State Department of Transportation Northwest Region, Snohomish -King County Area, MS 240 Local Agency and Development Services P.O. Box 330310 15700 Dayton Ave. N. Seattle, WA. 98133-9710 Attn: Celina Vogler, Assistant Local Agency and Development Services Manager SUBJECT: Request for an Access Permit Cedar River Access Facility Project Dear Ms. Vogler: This letter is a follow up to conversations between Pat Lee ( Seattle Public Utilities) and yolirself regarding Seattle Public Utilities' (SPU) request for an Access Permit for the Cedar River Access Facility Project (Project). This access permit is to allow SPU's construction and use of an access: driveway crossing and temporary placement of 2 trailers Washington State Department of Transportation (WSDOT) property (parcel no. 1723059179). The improvements from this project will serve to provide year around public access to the Cedar River and to facilitate SPU's collection of adult sockeye salmon as broodstock to support the Cedar Sockeye Hatchery at Landsburg. The broodstock collection activities will occur from raid -September through early December each year. Prior to the collection of broodstock salmon, access will be needed for construction activities. SPU anticipates that construction of this project will begin in September 2008 and completion will occur in November or December 2008. In summarythe activities SPU expects includes construction activities (equipment crossing the road/ pathways, clearing and grading, installation of an access driveway, utilities, interpretive signs) and annual activities supporting broodstock collection (weir installation, placement of caretaker and storage trailers, fish handling, and fish hauling). Iu order to satisfy our permit requirements with the City of Renton, SPU needs WSDOT's approval that work and activities associated with the Cedar River Access facility is acceptable on parcel no. 1723059179. SPU would like to request WSDOT's endorscment of this project on WSDOT-property (parcel no. 1723059179) for the uses described above subject to follow through with either a WSDOT Access Permit or easement (if deemed more applicable). To facilitate this request, Pve included a signature line for WSDOT as an initial step and if this is acceptable please return a signed copy of this letter to SPU. For infonanational purposes, I've also enclosed a copy of SPU's earlier permit application dated April 2, 2008. Seattle Municipal Tower. 700 5rh Avenue, Suite 4900, Po Box 34018. Seattle, WA 98124-401 S Tel: (206) 684-5851, Tf`Y/TDA: (206) 233-7241, lax: (206) 6V4 4631. Internet Address: httpJ/wwwseatde,gov/utiV An equal employment opportunity, affirmative action employer, Accommodations for people with disabilities provided upon requcsr. Ms. C.eline Vogler August 8, 2008 Page 2 I appreciate your assistance towards our project needs and if you have any questions, please contact Pat Lee (206) 615-1318 or myself at (206)684-5977. Sincerely, + CHAR L S MADDEN, PE Manager, Project Management Section Engineering Division The Washington State Department of Transportation endorses SPU's use of a portion of its parcel no 172 179 adjacent to the I-405 right of way at the Cedar River for the Cedar River Access Facility subject to its f 1 review process. If � Wasnion State Aplent of'1'ransportation Da Enclosure cc: Bob Gambill, SPU Pat Lee, SPU Audrey Hansen, SPU Cyndy Holtz, SPU Gary Sprague, SPU Paul Faulds, SPU Fred Kaufman - Fwd: Authorization Letter fro r',O - Broodstock Facility From: April Alexander To: Kaufman, Fred Date: 8/12/2008 8:29:16 AM Subject: Fwd: Authorization Letter from RCO - Broodstock Facility >>> Leslie Betlach 8/11/2008 4:34 PM >>> Hello everyone, Good news. Please see attached authorization letter from the RCO indicating that the proposed Broodstock facility does not constitute a Conversion process. The RCO will not require the City to execute an MOA with SPU prior to construction as in the earlier draft, but rather keep the RCO included in the development of future agreements between the City and SPU so that the City maintains consistency with the Washington Wildlife and Recreation Program. And then upon completion, the City will be required to forward an executed agreement to the RCO. As with other park sites that have funding administered by the RCO, the RCO will make annual visits to ensure compliance. thanks, Leslie Leslie A Betlach Parks Director City of Renton 1055 South Grady Way Renton, WA 98057 425-430-6619 Ibetlach@ci.renton.wa.us Page 1 Fred Kaufman - RCOWKECOPY EXCHANG 8112008-151503_PDF Page 1 Natural Resources Building 1111 Washington St SE Olympia WA 98501 PO Box 40917 Olympia WA 98504.0917 9 a - � STATE OF WASHINGTON RECREATION AN[) CONSERVATION OFFICE (361 902-3000 TTY (360 902-1996 Fax: (360)902-3026 E-mail:info@rco.wa.gov rco.wa.gov Web site: www rcc.wa.gov August 7, 2006 Leslie Betlach Renton Parks Department 1055 S. Grady Way 5l" Floor Renton, WA 98055 RE: Construction of )Boat LaunchlRiver Access and Broodstock Collection Facility on the Cedar River (City of Renton); RCO Projects 92-297D, 93-124A, 7"38A Dear Ms. Betlach, This letter is a response to your request for clarification regarding the pending development at the Cedar.Riverjust north ofAs intersection with 1-405, As detailed In the attached Cedar River Access Facith Manaceement Plan (Seattle Public Utilities (SPU] July 30"' 2008), the planned construction and management of the site currently does not constitute a conversion per your Washington Wildlife and Recreation Program — Local Parks and Trails (WWRP) grant agreements. This determination is contingent on the City of Renton's on -going maintenance and operation of the site as a recreational resource to your park users and meeting your obligations under WWRP. Please keep RCO included in the development of any future use agreements you will develop and sign with SPU (or others) so we can ensure the signed document(s) is consistent with your obligations under WWRP. If and when adopted, we require that Renton send RCO a signed copy of your use agreement with SPU (or others). We require this as your obligation under WWRP is in perpetuity and RCR therefore has a responsibility to review site uses, proposed development, and inspect the property. Please remember that this determination may change depending on the maintenance, function, condition and public usability of the river access site. Additlonally, know that future proposalslchanges to the grant funded property will be evaluated independent of this determination. If you have further questions please contact Adam Cole at 360-902-3084,,or adam:cole@rco:wa.gov. Sincerely, Rachael Langan Deputy Director cc: Adam Cole Marguerite Austin Enclosed: Qedar River Access Facility ana nt Plan (Seattle Public Utilities July 3011` 2008) Recreation and Conservation Funding Board • Salmon Rocovery Funding Board • Washington Biodiversity Ccuncil ` Washinglon invasive Species Ccuncil - Forum on Monhoring Salmon Recovery and Walershed Health 0 Fred Kaufman -RCOWKECOPY—EXCHANG— -8112008-151503.PDF Page 2 Fred Kaufman - RCOWKECOPY EXCHANG— `'8112008-151503.PDF Page 3 Seattle Public Utilities July 30, 2008 CEDAR RIVER ACCESS FACILITY MANAGEMENT PLAN Recreation and Public Access Educational Opportunities for Salmon Resources Adult Salmon Collection Fred Kaufman - RCOWKECOPY—EXCHANG—-8112008-151503.PDF Page 4 Fred Kaufman - RCOWKECOPY EXCHANG 8112008-151503.PUF Page 5 CONTENTS Management Plan for Cedar River Access Facility...............................................3 Purposeof the plan...........................................................................................3 Purpose...................................... ,............................... ,...................................... 3 GeneralSite Description...................................................................................3 Background (histodcat/current site use) ..................... ........ ............................... 4 PhysicalBackground.....................................................................................4 HistoricalSite Use.........................................................................................4 Current Site Conditions and Use ................ Proposed Improvements .................. .......................................... ....................... 5 Management of Project Site in the Construction Phase ,. .................................. 7 GeneralWork Scope.....................................................................................7 Schedule ............ ......................................................................... .................... 7 SiteManagement during Construction...........................................................7 PublicAccess ...... :............ ............... ................. ............... ............................... 8 Restoration --8 Management for Recreational Use and Public Access Site ..............................8 Activities and Access.....................................................................................8 Recreation and Wayfinding............................................................................9 Management of the Broodstock Collection at the Project Site ..... ............. : ....... 9 Background................... . ................. . ...................... ........................................ 9 Weir...........................................................................................................10 Traps...................................................................................... ..10 Safetycable.................................................................................................11 Access.........................................................................................................11 Trailers.........................................................................................................12 utilities.........................................................................................................12 Lighting........................... ...................................................... ........................ 12 Publicsafety ................................................................................................12 Goals for broodstock collection .................. :.............................................. ...13 Impacts to other species................................................................:........... A 3 Mobilization and installation..........................................................................13 Duration of Fish Collection Activities............................................................14 Maintenance— ...................... ....................... ......... .:.................................14 Staffing and daily operations........................................................................14 Public Outreach and Education...................................................... ......,..,........ 15 Fixed interpretive and educational panels: .................................................. 15 Kiosk............................................................................................................15 1. Overview of the regional trail system ..................... ...............................15 2. Rules and Regulations ............................................ ............................... 15 3. " History of land ownership and use........................................................16 4. Sockeye in the Cedar (seasonal sign posted during collection phase).16 5. Source to Sound and Faucet (posted when not collecting sockeye) ....16 InterpretivePanel: ...........................................:..........................................16 I.' Lifestyles of the Fish and Famous........................................................16 Fred Kaufman - RCOWKECOPY EXCHANG— 8112008-151503.PDF Page 6 2. Born to be Wild: Native habitats and plants..........................................16 Brochures................................................................................................. _ 16 Stakeholders and Partnership Opportunities:..............................................16 Friends of the Cedar River Watershed (FCRW)..........................................16 WR IA 8............................................................................:...........................17 Cedar River Council.....................................................................................17 Washington State Department of Fish and Wildlife (WCFW).......................17 Tie-in with Cedar River efforts: .................................................................... 17 Cedar River Salmon. Journey ................ ,...................................................... 17 Stewardship activities..................................................................................17 Appendices Cultural Resources Assessment ................................................... Appendix A Renlon Tri-Park Master Plan ......................................................... Appendix B ------ --- Fred Kaufman - RCOW KECOPY EXCHANG --11200$ 151503.PDF Page 7 Management Plan for Cedar River Access Facility Purpose of the plan The Cedar River Is a prime location for fishing, non -motorized boating, and nature viewing. Seattle Public Utilities (SPU) is proposing to construct a public year round improved river access in Benton on the Cedar River at Over mile 1.7 above lake Washington in Renton. The improved Over access will become part of a regional trail system and will add an important access for non -motorized watercraft put -In or pull-out. The improvements will also provide SPU with river access from mid -September to early December to collect adult sockeye salmon for the Cedar River Sockeye Hatchery. This Management Plan describes the background of the project; the proposed Improvements; public access and recreational opportunities, management of the site in construction, and management and site use for broodstoc k (sockeye salmon) collection. This project has multiple stakeholders (SPU, City of Renton, the Recreation and Conservation Office (RCO), and Washington Department of Fish and Wildlife (WDFW)) and this management plan strives to address the multiple interests in a compatible manner. The guiding principle for this management plan is that the access facility responds to recreational and public access needs since these needs are a governing factor in the access facility's dompatibility with site land use criteria. Purpose This project will provide for year round access for recreational use and educational outreach activities on the Cedar River through the installation of access and Informational facilities. On a seasonal basis, the improvements will provide for access and the collection of adult sockeye salmon for the hatchery at Iandsburg. General Site Description The project is located on the north and south banks of the Cedar River directly upstream Irom Interstate 1-405. Currently, there is no Improved access to the river itself in the project area. There is an existing pedestrian blcyGle trail (Cedar River Trail) that parallels the river. On the north side of the river is the City of Renton's Cedar River Park (park use) which includes a large lawn area, landscaping, and a paved pedestrian trail along the river's edge. There is also a pedestrian bridge with llgMing over the Cedar River Immediately downstream of the project site connecting Cedar River Park to the Cedar River Trail and the proposed access facility. The existing shoreline on the river has been disturbed at various periods for road construction; river channel work; Improvements for parks such as retaining walls, landscaping, and revetments. The south bank of the river is sloped with a bench area just above the Over and is primarily composed of alluvial soils with the following native and invasive vegetation: L4atlye Plants: 0 Red -Osier Dogwood (Cornaceas Cornus sericea L.) Fred Kauffman - RCOWKECOPY EXCHANG— _"112008 151503.PDF Page 8 • Big leaf Maple (Acermacrophyllum), shrub sized • Sitka willow (Salix sitchensis) • Sweet gale (Myrica gale) • Horsetail (unsure ofspecles) • Black cottonwood (Populus balsamifera ssp. tdchocarpa) • Red alder (Alms rubra) Invasive Plants: • Japanese knotweed (Polygonum cuspidatum) • Ivy (likely English ivy; Hedera helix) • Himalayan blackberry (Rebus discolor? Background (historical/current site use) Physical Background The majority of the work in the project area will take place on the south bank of the Cedar River where the access driveway is to be located. The south side of the river is underlain with fill material that is likely due to realignment of the river channel in the early t 900's from the Duwamish River to Lake Washington. Additional fill may exist from levees, revetments, roads and railroad grades. The original site characteristics were likely shaped by Pleistocene glacial events similar to other rivers in the north -central Cascades and Puget Sound Basin. Subsequent alluvial processes, vegetational succession, and manmade activitles have modified these events. The original vegetation has been characterized by cedar, hemlock and Douglas fir type forest that has since been logged. Later activities have further modified the vegetation of the project site so that the area now consists of hardwood trees species (Black Cottonwood, Bigleaf Maples and Red Alders). The site also includes native and non- native shrubs and plants as described In Section IV above. The current site consists mainly of rive4ne shoreline, a bench area above the Cedar River, and sloped areas. Historical Site Use It is most likely that the project is within an area that was first -used by aboriginal populations for activities such as travel, trade, and resource procurement. Among the Tribes most frequently mentioned for this general region are the Duwamish, Snoqualmie, Muckleshoot and Yakima tribes. With European settlement, the area was subject to logging, coal mining, and railroad activities. The site is also the former location of a brick manufacturing plant. Included with this management plan as Appendix A Is a Cultural Resource Assessment Report performed by Cacadia Archaeology that summarizes the results of field surveys performed for potential archeological and cultural resources on the south side of the river where the access driveway will be located. Additionally this report follows the guidelines of "Executive Order 0505" issued by the Office of the Governor of Washington State. Minor excavation and ground disturbances will take place on the north side of the river bank. SPU will contract with Cascadia Archaeology to be on site during the construction activities to monitor for historic artifacts. Both the Muckleshoot Indian Tribe and the Snoqualmie Tribe Cultural Resource staff were contacted by letter and e-mail for Fred Kaufman - RCOWKECOPY EXCHANG—--112008-151503.PDF Page 9 comments on the proposed project. No comments were provided by the tribes. Copies of the Cultural Resource Assessment were malled to the Tribes as well. Current Site Conditions and Use The project site is currently zoned as Resource Conservation and serves as open space. Future, improvements are identif ied in the Tri-Park Plan as adopted by the Renton City Council. These lands were procured by the City of Renton with the following funding sources: Washington Wildlife and Recreation Program grant funds administered by the Resource and Conservation office, 1989 King County Open Space Bond Issue Funds, King County Conservation Futures 1993 Regional Projects grant funding, and King County Conservation Futures 1893.Suburban Project grant funding. The.Cedar River Trail was developed with Federal ISTEA and State WWRP grant. monies. Currently the proposed access facility consists of open space bounded by the Cedar River Trail on the south and the Cedar River on the north. The area is undeveloped and Is used in an unofficial capacity to access the Cedar River. Most public use at this time occurs on the Cedar River Trail which is used for walking, bicycling, roller blading, etc. A pedestrian bridge is located just downstream of the project site and the Cedar River Park is on the north Side of the river. The portion of the project site on the south bank of the Cedar River is overgrown with shrubs, plants and trees (see 'General Site Description' for more details). Proposed Improvements The Improvements will accommodate public access, recreational activities and broodstock sockeye salmon collection and Includes the following Improvements (see Figure 1-. Silo Plan): • Access drive (Includes entrance and driveway) • Pathway improvements • Interpretive signs and a kiosk • A temporary, removable weir in the Cedar River • Utilities — water, electricity, • Lighting • A viewing area above the weir location • Temporary trailers (one for living. quarters and one for storage) These improvements are to meet the needs of several types of activities that are expected at this site Including access to the Cedar River, providing public opportunity to observe salmon runs and sockeye salmon collection activities, and put -in and pullout for non -motorized boats. The location of the access site next to the Cedar River Park, Cedar River Trail, existing pedestrian bridge across the river, and future park improvements (described In the "Renton TO -Park Master Plan") enhances these existing and proposed facilities. It is anticipated that many of these park users will take advantage of the public access to the south side of the Cedar River offered by this project that currently does not exist. During the fall months this project will provide an excellent opportunity for viewing and gaining Insight to the salmon resources in the Cedar River, Fred Kaufman - RCOWKEGOPY EXCHANG—--112008-151503.PDF � Of a. Q �1 a i w 1 � r d x Fred Kaufman - RCOW KECOPY EXCHANG 112008-151503.PDF Page 11 In summary, facilities are proposed that are intended to have minimal impact on oth users while carrying out contractual responsibilities under agreement with federal ar state resource agencies and the Muckieshoot Tribe. The importance of working clo—, with the staff of the City of Renton on this project and ensuring that the facilities are safe is recognized. A safety plan will be developed to address safety concerns. Management of Project Site in the Construction Phase General Work Scope Ty,.�.......,�...�a:......,.�.+• ••�4,Fy}E�7�`�i`� t�1f�t4L�ii-51i.�"l r...a.....,.�. . .n,*i...: Fred Kaufman - RCOWKEC0PY EXCHANG 112008-151503.PDF Page 12 open at all times with a temporary bypass Ihat will permit strengthening of a section of the trail where vehicles will cross (refer to construction drawing C1, Site Layout Plan). The surfaces will be kept flush to the existing pavement for the safety of trail users, Special temporary signage will be installed to advise bicyclists and pedestrians of the trail detour or other relevant temporary features during construction. This information can also be conveyed by venues such as the City of Renton's web site, public access channels, and fryers made available in public areas such as the Renton Community Center and the library. Public Access Throughout the entire constructlon and operating period the public will have access to the entire site with some exceptions. Sensitive slopes with erosion control materials will have "soft- fences with signage asking the public not to walk on the area undi vegetation becomes established. Areas of new pavement for access will need tobe temporarily cordoned off during placement and curing to ensure safety and a high quality product During the placement of new paving or other construction activities that will temporarily block access, to the Cedar River Trall, temporary detours will be established to maintain continuity of trail use. 11 is possible that the Renton River Days (July 23-27) and part of the construction period may overlap. In this event the Cedar River Trail and associated parking will need to remain open and unaffected by construction and this restriction will be noted in the contract documents for this project. Restoration The grounds around the entire site will have invasive plants such as blackberry, knotweed, etc, removed and replaced with appropriate native vegetation. Since the site is a river access and recreation area for the public, the trees, shrubs, and ground cover will be selected to maintain desirable views and allow easy public access and use, Some grassy or low ground cover will be used to provide openings easily walked without overcoming heavy shrub and tree growth. Management for Recreational Use and Public Access Site Activities and Access Adjacent to the site are parklands, open space and the Cedar River Trail that are Important for public use. There is some non -motorized water craft on the river and this activity should be enhanced by this project due to the improved public access and use primarily during peak season (Memorial Day through Labor Day), It is anticipated that the weir and salmon collection operatlons would minimally affect these activities due to the time of year (mid -September to early December). In the event there are non - motorized users in the river when the temporary weir is In place, a segment of the floating weir or fence is designed to easily pass boats and rafts. Access to the sockeye weir and trap will be located within the City of Renton. In 2006, the City adopted the Tri-Park Master Plan, culminating a year -long planning process. The master plan provided an overview of the challenges and opportunities of an expanded Interstate 405 corridor and a unified approach to integrating the facilities in Liberty and Cedar River Parks, as well as the undeveloped Narco Site. At the time of _ _......... — - —........... ... _ ._—.... Fred Kautman - RCOWKECOPY_EXCHANG—--112008-151503_PDF Page 13 the master planning process, the advent of a future Broodstock facility was known and anticipated along the Cedar River's left bank near 1-405. The precise site location was to be determined after completion of the master plan, Recreation and Wayfinding Pedestrians will enter the improved river access via the existing Cedar River Trail. This project will include three Informational signs, an Interpretive kiosk and a viewing area. The kiosk will be sited on the left (south) bank in such a manner as to provide visual oversight of the site. A small pedestrian -scale sign will be installed near the top of the access ramp along the trail to inform and Invite the public to use this new waterfront access. Additionally, on the right bank above'the weir and behind the existing masonry parapet wall in Cedar River park, two (2) additional Interpretive panels will be Installed. The signs will be freestanding and located on a new accessible concrete sidewalk installed behind the wall. The type of information to be conveyed on the signs includes public access arxi recreational information for the Cedar River, Information related to the Cedar River Trai and regional trail system, information on salmon, cultural resources, and the Cedar River basin uses. Management of the Broodstock Collection at the Project Site Background In 1991, the Cedar fiver Sockpye Enhancement Project was initialed to revive a declining sockeye population and the sockeye hatchery at Landsburg is a component of that program. The hatchery operates a remote broodstock collection facility from mid - September to early December. The facility consists of a weir and trap operation in the river near Cavanaugh Pond (river mile 6.7) and captures migrating adult sockeye for the hatchery. The existing weir is composed of ecology blocks, large wooden A -frames, and removable aluminum picket panels that form a porous barrier directing fish into a large trap. Trapped sockeye are transported up to 3 times per day from the weir to the hatchery while other species (i.e., Chinook and coho) are passed up river. The annual number of adult sockeye collected by the hatchery represents a relatively small fraction of the overall sockeye run (average 7.6% from 1995-2007, inclusive). The current weir and the weir site at Cavanaugh Pond have a number of shortcomings that impacts the.hatchery program. A significant number of sockeye spawn below river mile 6.7 mile, which limits broodstock collection and potentially excludes genetic representation of sockeye spawning in the lower river (biological goals). In addition, the current weir and weir site is not conducive to trapping fish at flows of 600 cfs or greater. In these flows, the weir picket panels are pulled out to allow for passage of the increased water volume and associated debris. When operating under these circumstances the facility is unable to capture a significant number of fish, but the structural integrity of the facility otter) remains intact. As flows increase above 600 cfs, the A -frame weir becomes increasingly unstable and will eventually washout as flows approach about 1,000 cis. The new location and resistant board weir proposed for the Renton site should remedy these shortcomings. The location and design of the broodstock collection facility are important to meeting the biological goals of the hatchery. Considerable work has been done to develop technical protocols and designs that reduce the risk of unintended adverse effects on naturally spawning salmon populations while allowing the project to contribute to larger sockeye Fred Kaufman RCOWKECOPY EXCNANG—-8112008-151503.PDF Page 14 returns and Improved fishing opportunities. The location at 1-405 was carefully chosen after technical studies and environmental review pointed to this site as the best location. The location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that Is representative of the entire population. The current'site at Cavanaugh Pond jriver mile 6.7) misses approximately 3096 of the population because it is so far upstream. The collection facility system that is planned for the 1-405 site has been in use in other areas and has been successful at withstanding higher tali flows that compromise the facility currently in use. Consequently, current collection operations often need to be terminated eariler than desired, compromising biological and production goals. The proposed system is capable of withstanding higher flows due to its flexibility and ability to submerge during periods of very high flows. This will allow the collection period to occur near the middle of the run rather than favoring the earner portion of the run. Weir Resistance board weirs have been used in Alaska for over 20 years, and in recent years, they have been used in Washington, Oregon and California. Their popularity as a monitoring and management tool continues to grow throughout the country. By design, resistance board weirs are relatively flexible structures that provide for boat passage, river user safety, and improved debris management. In contrast to rigid structures such as concrete or A -frame weirs, resistance board weirs have the ability to "collapse," or fold down in the downstream direction during high flow or debris load conditions, allowing floating debris to pass -over. This is a huge benefit compared to rigid weirs, allowing the structure to collapse and sink rather than washout. The weir proposed for this site will span the width of the Cedar River, just upstream of the 1-405 Bridge (see Figure 2). The pickets and spacers are plastic and built in 3'x20' panel sections. The bottoms of these panels are secured to the riverbed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower and floating at water surface. The cable is threaded through brackets that are connected to a metal base. The metal base is secured to the bottom with.pins and small cables to duckbill anchors upstream. The metal plate will be left in place from year to year, but the cable, weir panels and traps would be removed at the end of the broodstock collection operations In December. Traps A trap made of aluminum pickets, approximately 6'x 12' in size, will be used to intercept sockeye. It will be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up nearer to shore as flows increase, The trap will have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and ccho will pass the collection site. The hatchery will need to trap up to 20,000 sockeye depending on run size .and broodstock collection will be less than 50% of the sockeye run. Specific protocols for passing Chinook will be. in place for avoiding delay or causing redistribution of spawning sites. Protocols have been developed and tested at the current facility and that knowledge will be used to develop procedures for the new facility. Monitoring will continue to identify where Chinook spawn, expanding on a data base that began in 1999. 10 Fred Kaufman - RCOWKECOPY EXCHANG 118112008-151503.PDF Page 15 Fred Kaufman - RCOWKECOPY EXCHANG 112008-151503.PDF Page 16 into the hauling truck. Up to two times a year, a boom truck may be used to facilitate trap Installation and removal. Authorized vehicular access to the broodstock weir will be from the existing Narco Road across the existing pedestrian trail. This section of the trail will be modified to support the weight of the truck. Part of the existing unimproved parking area is planned to be used as the site for the caretaker's trailer and a smaller storage trailer. To access the river, removable bollards will be installed In lieu of a few large stones currently restricting vehicles to the parking area. Per the Tri- Park Master Plan, the existing parking lot will be replaced by a larger lot upstream. The current Narco Road alignment will be modified and extended, via a new bridge, over the Cedar River to the park facilities on the right bank, eventually connecting with SR169. Future vehicular and trail access to the facility will be Continuously maintained. Trailers Personnel will be on site 7 days a week, 24 hours a day when the weir is in operation. A portable trailer will be situated In the informal gravel parking area between the Narco Road and the Cedar River Trail for temporary living quarters. In addition, a smaller, temporary equipment trailer will be placed adjacent to the living quarters to allow for storage of equipment and clothing. Refer to Figure 1: Site Layout Plan. Utilities Electricity will be brought to the site for lighting, pumps and to provide electricity to the caretaker RV. A small (314" water service will be installed to provide potable water to the upper portion of the project site. Garbage and recycling containers will be provided for weir operation staff. Clearly labeled containers will be placed in the utility/equipment trailer and their contents will be removed weekly (or more frequently if necessary) and managed off -site. Restroom facilities will be located in the trailer designated as temporary living space. There will be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer: Tanks will be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. We are exploring the possibilities of establishing a connection to a nearby sewer line at a later date. All utilities will be separately metered and usage will be paid for by SPU. Lighting A lighting system Is proposed to meet the functional and safely requirements of the round-the-clock demand of the fish collection program. The fixtures will be selected and siled to minimize glare and to be visually recessive in the landscape. The system will bd on a separate circuit, to be activated only during fish collection operations. Public safety The river supports non -motorized boat traffic and moderate recreational use, especially in the summer months. When the weir is In place from mid -September to early December, a boat passage cap In the weir structure wilt allow for safe boat passage over the top of the weir. Public and field crew safety is the highest priority for the protect. Various agencies have proven the safe design of this weir structure through their experience elsewhere. The weir design, operational procedures, and safety plan minimize potential public safely risks.. The weir has many safety aspects Inherent In its design for passing objects and not trapping surface objects and safety will be augmented with operational elements (monitoring, deaning, etc...), buoys, safety lights, 12 Fred Kaufman - RCOWKECOPY EXCHANC 3112008 151501PDF Page 17 and warning signs.. Signs for river users will be posted upriver at Riverview Park and along the river bank between Riverview Park and the weir. Throughout the season, the weir and its operation will be evaluated to identify potendal risks and immediate action will be undertaken to eliminate or minimize those risks. There will he signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. Goals for broodstock collection Collection of adequate numbers of sockeye broodstock to meet the hatchery eggtake goal Is critical to the success of the hatchery program. The goal for the Interim hatchery is rarely mat because sufficient broodstock can not be captured with the existing weir design and location, in part because a significant number of sockeye spawn below the current capture site. As envisioned at this time, the increased trapping efficiency at the Renton site will reduce the number of days required to transport fish from seven to We . (Monday — Friday). Personnel will be on -site 7 days a week, 24 hours a day and will be responsible for monitoring and cleaning the weir. Impacts to other species Adverse impacts to Chinook and other fish species are likely to be avoided or minimized through monitoring and modifying weir operations. This has been done very successfully at the Cavanaugh Pond site through operational protocols. The protocols are being modified for the weir site in Renton, through consultation with. the Cedar River Anadromous Fish Committee, including federal, tribal, and state fish management agencies. Mobilization and installation Mobilization for installation of the weir will begin in mid -September. The weir installation takes 2-3 days with a 4-6 person crew. It will take an additional 2-3 days to setup the supporting infrastructure and equipment. Relatively simple installation and removal are important features of resistance board weirs. No concrete pilings or other permanent structures are necessary. Picket panels; made of poly vinyl chloride (PVC) pipe and ultra high'molecular weight plastic (UHMW) are the prlmary structural weir components_ These panels can be quickly installed and removed by hand by a few technicians and the entire weVand associated components can be Installed or removed within 2-3 days. Instaliabon begins with the placement of the substrate rail in the river. Therail is installed in sections and it is secured on the bottom with rebar stakes. n may be necessary to Install duckbill anchors Into the substrate.upstreari of each rail section. A cable Is. threaded through eyelets on the substrate rail and serves as an anchor system for the resistance board panels. Resistance board panels are hooked on the substrate rail cable. A boat passage area receives specialized panels for passing watercraft and the trap.area receives a modified passing chute panel. Once all of the resistance board panels are installed then the trap will be installed. The trap is a modular structure and installation takes a crew of 2-4 about 4 hours to install. The weir will be installed in stages and boaters will be able to easily navigate around the installation. If the need arises, weir installers can provide boaters with assistance. Once 13 Fred Kaufman - RCOWKECOPY EXCHANG 8112008-151503.PDF Page 18 the weir is installed, boaters will be able to navigate over the weir at the skiff gates (see Figure 2). The weir Installation will be coordinated from the south shore of the river. However, the equipment and supplies will not monopolize the entire access drive during the installation process. There will be areas for boaters and others to aocess the river during installation. Duration of Fish Collection Activities The fish collection activities include the installation, placement, and operation of the temporary weir, fish trap, hauling of adult salmon, and placement of temporary trailers (: trailers, one for a caretaker residence and one for equipment storage). The maximum duration that these facilities will be at the Cedar River Access Site Is from mid - September through early December. This period may be shortened if the river flows become too high or if the adult sockeye salmon egg quotas are reached earlier. It is anticipated that the installation and removal of these facilities will take about two days each. Except for the period noted above (mid -September through early December), the site will be clear of all fish collecting facllities. Because the weir and fish trap would impede boaters from launching directly off the paved launch surface, launching at this site will be restricted while the weir and trap are in place, Seattle Public Utilities, with City of Renton approval, will sign the site and communicate this restriction through the appropriate means (maps, guides, program information, etc) to ensure user expectation and compliance. However, general use and access to the site by the public during park operating hours will be unimpeded throughout the year. Exceptions to this year-round access would include temporary closure due to public safety and environmental quality concerns. Maintenance The weir is cleaned on a regular basis (i.e„ at least daily). The frequency of maintenance depends on flow and debris levels. A pair of technicians can walk across the weir to partially submerge each panel, thereby allowing the current to wash most debris downstream. Technicians will use a rake, stiff bristle brush, or their hands to clear away aquatic vegetation and to push larger debris loads off the weir. I. Staffing and daily operations A trained person will be on site 24 hours a day while the weir is in the river. Temporary housing is provided in a recreational trailer in the parking area. early operation occurs from approximately 7:30 a.m. to 5:00 p.m. During this time period up to four people will sort fish from the trap into holding pens in the river (one for females and one for males). Additional people may be called in to work during non -regular hours to address problems and ensure work Is conducted in a safe manner. One to three times per day fish will be moved to the transportation truck on the ramp close to ordinary high water. Moving fish to the truck will be done by hand in soft fish tubes or mechanically, The mechanical transfer is planned to be done by lifting the fish in a container and swinging them over the truck, or through lifting and pouring the fish through a pipe into the, transport truck. If a second trap is used, fish from that trap will likely be transported by hand to the fish transport truck. 14 Fred Kaufman - RCOWKECOPY_EXCHANG 8112008 151503.PDF Page 19 Once the truck is loaded, it and two to three people will leave to take the fish to the Cedar River Sockeye Hatchery at Landsburg. At least one person will remain -at the weir site. The fish Neill be delivered to holding facilities at Landsburg. The number of the trips the fish transport truck will make each. day well depend on the number of fish available, the number of fish already collected, staffing limitations, and other activities. Only one trip per day will be needed when numbers of sockeye are low in the early and later stages of the run. Due to physical limitations it is expected that the maximum number of trips at the peak of the fish migration, will be three round trips. The goal Is to collect enough fish through operations Monday through Friday, that there will be little or no fish hauling on Saturdays and Sundays. This will depend, on the trapping success of the new weir. During some flow situations a boat may be used to remove material from the weir. The boat will not be motorized, in compliance with local regulations. The twat would be secured to a temporary cable above the river and upstream of the weir when it is in use. The boat will be stored at Landsburg and not at the project site. Public Outreach and Education Fixed interpretive and educational panels: These panels will be developed by SPU through an Interpretive design process, with Input from City of Ftenion, RCO, Muc leshoot and Snoqualmie Tribes (If desired). They will be full color, and constructed of porcelaln-baked enamel which is designed to be Installed outdoors. Kiosk An interpretive kiosk is proposed on the left bank overlooking the broodstock weir. The kiosk will be a painted, fabricated steel structure with a roof and anchored to an accessible concrete slab along the river side of the existing Cedar River Trail. Space will be provided to Install four 2' x 3' interpretive panels in a vertical format. The four -panel klosk will include five main topics, with the last two Installed on a rotating basis, depending on whether or not the weir is in operation: 1. - Overview of the regional trail system Map of park layout and regional trail, description of recreational opportunities, including biking, walking, boating, and tishfng. A small brochure will provide a take- away with recreation opportunities and stewardship messages (e.g. water wise gardening or other topics relevant to City of Renton initfatives) designed as part of this panel. 2- Rules and Regulations Posting of City of Renton Park rules, updataable fishing regulations, trail etiquette, partnerships with other agencies to create the trail, park, and recreational area. . 15 Fred Kaufman - RCOWKECOPY EXCHANG 8112008-151503.PDF Page 20 3. History of land ownership and use Native American usage, trans -continental railway, diversion of the Cedar into Lake Washington, Industry of the Denny Renton Clay Co., recent land acquisition and ownership, including RCO, and City of Renton. 4. Sockeye In the Cedar (seasonal sign posted during collection phase) Woodstock operation, hatchery (how it works, how it helps salmon. -who's In charge), Muckleshoot Indian Tribe/WDFW cU-managers of sockeye fishery, SPU's role under. the Habitat Conservation Plan, adaptive management, sockeye life cycle. A white board. space to provide public with daily and/or cumulative fish count updates. 5. Source to Sound and Faucet (posted when not collecting sockeye) The story of the Cedar River and its basin: information on drinking water supply and management — Renton's aquifer and SPU's management of the Cedar River Municipal Watershed; management of flows for fish resources and flood control. Interpretive Panel: Free -Standing Interpretive Panels: Two 2' x 3' free-standing interpretive panels will be sited on the river's right bank above the weir 1. Lilestyles of the Fish and Famous Who is In the river (sockeye, Chinook, coho, steelhead, rainbow trout, suckers; cutthroat, whitefish), when they are in the river, developmental phases in the river, diagram of life cycle of anadromous/freshwater fish, sockeye in the Cedar River (seasonal sign posted during collection phase). Broodstock operation (how it works, how it helps salmon, who's in charge), hatchery, Muckleshoot Indian TribelWDFW co -managers of sockeye fishery, adaptive management, and sockeye life cycle. 2. Born to be Wild: Native habitats and plants Plant identification and specific animals they support, erosion control, riparian zones, how people can help salmon and native habitat at home. (Similar info to kiosk sign #d-1, reformatted to horizontal layout) Brochures Brochure developed and produced by SPU (to be posted on Klosk as part of Recreation opportunities panel) Topic: Reg lonall trail system, recreation opportunities, and stewardship messages (e.g. waterwise gardening, water conservation, native planting, litter control, etc. as relevant to City of Renton). Stakeholders and Partnership Opportunities - The organizations listed below have a demonstrated interest in the health of the lower Cedar River, and witl be contacted to see in what ways it would be appropriate for them to support this project. Friends of the Cedar River Watershed (FCFIW) "Mission: To inspire conservation and protection of a healthy Cedar River Watershed through restoration, education, and stewardship." 16 Fred Kaufman - RCOWKECOPY EXCHANGE 8112008-151503.PDF page 21 SPU will retain FCRW to recruit and coordinate 1-2 stewardship events, depending on need, to restore native habitat in project area, WRIA 8 "In WRIA 8, citizens, scientists, businesses, environmentalists and governments are cooperating on protection and restoration projects and have developed a science -based plan to conserve salmon today and for future generations." httpJldnr. metrbkc.govlwriastWindex.htm Cedar River Council "The Cedar River Council (CRC) is made up of a group of stakeholders who voice their opinions and concerns and participate in discussions about Issues regarding the health of the river at monthly meetings. CRC membership cultivates collaboration among a variety of citizens including basin residents and representatives of community groups, businesses, and local, state, federal, and tribal governments." Washington State Department of Fish and Wildlife (WDFW) WDFW staff w€II be on -site 24f7 during the collection period. SPU will facilitate training of staff in public contact and education, recognizing that this is an essential and Inescapable part of their work. They will be able to assist with a variety of questions, primarily about the broodstock facility and the salmon, but also be able to refer visitors to the appropriate place for questions about recreation opportunities. Tie-in with Cedar River efforts: Cedar River Salmon Journey Coordinated among Seattle Public Utilities, Friends of the Cedar River Watershed (FCRW), and the Seattle Aquarium, partially funded by King Conservation District and the City of Renton, this t 0-year program trains volunteers to interpret the magnificent salmon Journey up the Cedar River every fall. About 60 volunteers are stationed at 4-5 sites along the Cedar on 6 weekend dates in the fall, sharing their knowledge of salmon, habitat needs, and Cedar River history. Sites for 2008 may Include Renton Library, Cedar River Park and Broodslock facility, Riverview Park, .Cavanaugh Pond, and Landsburg Park. Stewardship activities FCRW coordinated 14 restoration events In the entire Cedar River Watershed in 2007, utilizing 380 volunteers and clearing 1.25.acres of invasive.plants. Similar habitat restoration events are planned for 2008 and beyond. Seattle Public Utilities will fund and coordinate 1-2 restoration events (depending on the need once the project is complete) In the vicinity of the project, to remove invasive plants or plant native species in disturbed area. They will recruit local residents, schools or community organizations to participate in this effort. There is a potential outreach opportunity to schools In the vicinity of the Cedar River Watershed, such as: Lindbergh High School, Nelson Middle School, and Tiffany Park Elementary School. Habitat stewardship activities such as native plant restoration, salmon watching, and water lesting are possibilities. Collaboration with Interested teacherstclasses to create a seff-guided, or volunteer (Cedar River Salmon Journey 17 Fred Kaufman - RCOWKECOPY EXCHANG 1112008-151503PDF Page 22 volunteers) facilitated program at the alto during salmori spawning season will be explored. Inclusion of WDFW stall in the program is possible. 18 Fred Kaufman - RCOWKECOPY EXCNANr 8112008-151503.PQF Page 23 Appendix A Cultural Resources Assessment. Fred Kaufman - RCOWKECOPY_EXCHANG 8112008-151503_PDF Page 24 Fred Kaufman - RCOWKECOPY EXCHANG 1112008-151503.PDF f Page 25' CULTURAL RESOURCES ASSESSMENT FOR THE CEDAR RIVER SOCKEYE BROOD STOCK SITE RENTON, KING COUNTY, WASHINGTON by Jana L. Boersema Report Prepared for: Seattle Public Utilities Cascadia Archaeology PO Box 51058 Seattle, WA 98115-1658 Roster Agreement No. ROD-03-02 Supplement No. Work Assignment No. 8 Task 2 May 20, 2008 Fred Kaufman - RCOW KECOPY EXCHANG 112008-151503.PDF Page 26 Cultural Resources Assessment for the Cedar River Sockeye Brood Stock Site Renton, King County, Washington Introduction Seattle Public Utilities is planning to develop a Sockeye Brood Stock Site on the lower Cedar River in Renton, Washington. The development will include construction of an access road and turnaround area, approximately 290 feet in total length on the left (or south) bank of the river. Because project involves a terrace and bank of the Cedar River, a cultural resource assessment was requested by Ralph Naess, Public and Cultural Proms Director for Seattle Public Utilities. An archaeological survey was conducted on May 14, 2008 by archaeologist Jana Boersema who was assisted by Field Technician Sarah Thorttpson. Project Location The project area is in Township 23 North, Range 5 Fast, Section 17 (Figure 1). The proposed brood stock site is at the mouth of the Cedar River Valley, where it opens onto the now defunct Black River Valley, about 1.6 miles south of the south end of Lake Washington in the city of Renton. The project area is at the toe of a finger ridge from the uplands on the south side of the Cedar River- The proposed access road will start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river.. The uplands in the vicinity of the project area are primarily composed of till deposits from the Vashon Stade of the Fraser Glaciation (Pacific Northwest Center for Geologic Mapping Studies 2006). The wide, level floodplain at the mouth of the valley, and across the river from the project area, was built up by thick alluvial fan deposition. In the north part of Renton these alluvial fan deposits are at least I M feet thick. The fan deposition likely occurred right at the end of the Vashon glaciation. As the alluvial fan built up, it dammed the south end of the valley in which Take Washington formed (Mullineaux 1970). Alluvial deposition in the valleys continued during the Holocene, however in the immediate vicinity of the project area recent and historic land use has obliterated the natural deposits, which are now mapped as urban or modified land (MRCS 2006; Pacific Northwest Center for Geologic Mapping Studies 2006). Cultural and Historic Background Prehistoric use of and habitation near the mouth of the Cedar River Valley have been documented by previously investigated sites in the vicinity ofthe project area- Several sites have been investigated along the banks of the Black River, including two village sites, 45K151, the Sbabadid site, and 45KI59, Tualdad Altu (Chatters 1981, 1988). Other nearby sites have not been as extensively investigated, but they include both probable village sites and resource Fred Kauffman - RCOWKECOPY EXCHANG 8112008-151503.PDF Page 27 2 PAW d b mTOFGI f)MM Natioul GWOOPIM Ii0kh MF {www.VW00 ql Figure J. Project vicinity, T23N, RSE, Sec. 17, shown on USGS Renton, WA 7.5' topographic quadnangic (t994). acquisition sites. No previously recorded sites are located within or immediately adjacent to the project area. Ethnographits, histories, and oral traditions indicate that the Duwatnish people were residents of the project vicinity for many generations. Their villages are documented both by early maps of the area and by place names given by the Duwamish people and recorded by T. T. Waterman (Hilbert et al. 2001) in the 1920s. The 1965 GLO survey map shows an "Indian village" approximately I mile (1.6 km) from the project area along the bank of the Black River. A place name recorded by Waterman identifies it place that means "gravel always falling" that may have been adjacent to or near the project area. A village is known to have been located at the confluence of the Black and Cedar Rivers, approximately 7/8 mi from the project areal (Hilbert et M. 2001:149). An important Native American trail, the Cedar River Trail, followed the Cedar River, but was located across the rive' from the project area (Larson and Lewarch 1990). Fred Kaufman - RCOWKECOPY_EXCHANG 112008-151503.PDF Page 28 By 1865 the project area was within the donation land claim settled by H. H_ Tobin (GLO 1865). Subsequently, the town of Renton was established on the south bank of the Cedar River, just west of the project area (USGS 1895), Coal and high quality clay were discovered just southeast of the project area, and Renton Clay Works opened a plant in 1902 approximately 400 m southeast of the project area. The plant made bricks and other clay products. Tracks were laid up the Cedar River valley by the Columbia and Puget Sound Railroad (C&PS) in the late 19'h or early 200 century (USGS 1895; Sanborn Map Company 1904). The railroad continued operation on the tracks up the Cedar River Valley into the 20th century, although the ownership changed hands several times (Buerge 1989; Metsker 1926, 1936). The Cedar River Recreation Trail, which crosses the project area on the terrace above the Cedar River, is on the historic railroad bed. In 1905 the Renton Clay Works plant became the Denny -Renton Clay and Coal Co. and was expanded to three times its original capacity. The 1909 Sanborn map describes brick kilns with 40 ft. high chimneys. With subsequent expansions the plant became the largest paving brick manufacturer in the world in 1917 (Slauson 1976). The plant was bought by Cladding McBean and Company in 1927, which continued to produce bricks, clay sewer tile, and other products. In 1962 it merged with International Pipe and Ceramics and continued operating into the late 2e century. The 1936 Metsker map indicates that the project area may have been within the boundaries of the Gladding McKean and Co. property, but the buildings and structures of the clay plant, during its various phases, were all located southeast of the project area. Historic maps suggest that the Cedar River has lapped up close to the railroad tracks in the vicinity of the project area, and meandered only slightly from its modern channel. However, because of significant floods in 1907, which flooded the kilns of the Denny -Renton Clay and Coal Co., a wide and straight channel was dug through the city of Renton in 1910 to reduce flooding problems (S lauson 1976). Field Methods and Results The cultural resource survey of the project area included a pedestrian surface survey of the proposed access road and, where possible, the perimeter of the Limit of Work (Figure 2). Shove probes were excavated along the access road at approximately 10 m intervals. The shovel probes were usually 30-35 cm in diameter, excavated in 20 cm levels, and fill was screened through'/, - in hardware cloth mesh. Most of the prej ect area was covered by thick vegetation, although between Narco Road and the Cedar River Recreation Trail, the surface'was a compacted gravel parking lat. The proposed access road slopes down a relatively gentle portion of the terrace slope, and turns to the east, with the east half following the base of a nearly vertical bluff face. The portion on the terrace slope is covered with a dense growth of grasses, weeds, Himalayan blackberries, small willows, and red alder trees. Along -the base of the bluff the understory includes dense thickets of Himalayan blackberry and giant knotweed. Several large cottonwood trees grow along the river, while bigleaf maples grow along the top of the terrace bluff. Surface. visibility was less than five percent of the ground surface in the project area, although exposures of sandy surface soil were present along the river's edge and under the [-405 bridge which was above the west edge of the Fred Kaufman - RCOWKECOPY EXCHANG- -18112008151503.PDF Page 29 -Ir � \\\� � \/. |k `2 \\� . ���� / ��\\\\ �ƒ \/ , �b ��• \ \ . \'\. .' ' ( ! }. LU �c . ./ \ /\ \� \\\��� � ' \�., ; ; � \§ � ��� � / � �\ . \�� a\� •y \\� ����\\� � \� \ \ �� /\/�.��'����! , � |\ \ \ � »��r<d �f/� � > � \ � �'� \�� d\�� /�`: § �\/./A |: `� ��\\,\�»\�\ . .. . �\ � / � ■ . . Fred Kaufman - RCOWKECOPY EXCHANG— A8112008-151501PDF Page 30 project area. No prehistoric cultural material was observed during the surface survey, but a light scatter of possibly historic mortared bricks, brick fragments, and cement rubble was observed in the parking area parallel to Narco road spread over a distance approximately 130 feet long and 10 feet wide. No prehistoric or historic materials were observed on the surface on the heavily vegetated terrace slope or floodplain. Where it was visible, the surface soil consisted primarily of loose sand. The proposed turnout leading down to the river cuts across a 1 to 2 meter high berm which had numerous rounded river cobbles and gravels exposed on its north (river) side. Shovel probes 1, 2, and 3 were excavated on the terrace edge and slope. They exposed soil composed entirely of gravelly sandy silt fill materia(with many pieces of historic debris, such as cement and brick fragments, and bits of coal. No natural soils or prehistoric cultural materials were encountered in probes 1, 2, or 3. Shovel probes 4, 5, 6; and 7 were located along the base of the terrace slope and bluff on the active floodplain. The sediments in these probes appeared to be recent and historic period sand. Recent and historic objects were observed in all four probes ranging from the surface to depths of 40 cot (Probe 6) to 80 cm (Probe 5). They appeared to be objects buried in river sand, although some large angular rocks in Probe 6 suggest that some of the material was imported fill. The historic artifacts encountered included glass fragments, coal, bricks, and various metal objects, such as nails, wire, a pipe, and a portion of a large machine part (possibly a trailer hitch). No prehistoric cultural material was observed in probes 4, 5, 6, or 7. The sediment encountered to at least 80 cm appeared to be deposited during the historic and recent periods. Shovel Probe 8 was placed on top of the 1-m-high berm parallel to the river edge. It exposed very gravelly coarse sand with abundant rounded gravels and large cobbles indicating that the berm is most likely an old river bar deposit. No prehistoric or historic cultural materials were found in probe 8. All of the shovel probes exposed recent or historic fill or river sediments. The probes on the terrace slope indicate that this area was filled, possibly for support of the railroad grade that the Cedar Diver Recreational trail now occupies. The historic objects observed in -die fill material generally appear to be insignificant pieces of rubble and debris used to construct the slope. The probes on the floodplain at the base of the terrace bluff indicate that the Cedar River has deposited at least 80 cm of sandy sediment from the historic period to the present. The historic objects encountered were generally insignificant pieces of debris, such as glass and nails. Other somewhat larger objects may also be buried in the sediment, but no evidence of significant objects or site patterning was observed. Probe 8 was located on a remnant of a gravel river bar deposit and did not contain significant historic deposits. The large river cobbles present in the gravel bar deposits indicate it was deposited in a high-energy river environment and is not likely to contain undisturbed cultural material. No intact, stratified prehistoric sediments were observed in the shovel probes, and it appears that the Cedar River has eroded any deposits that may have previously existed in this location or buried them with more recent deposits that contain isolated objects and debris related to the railroad, clay, and coal mining history of Renton. Fred Kaufman - RCOWKECOPY EXCHANG 112008-151503.PDF Page 31 Table 1. Shovel probe descriptions. Probe/ Depth Soil Description Contents/ Pmfdk cm Conatenis Probe 1 0-34 Very compact, wa silty stand with many subrounded to angular gravels and 14 concrete fiagmcnrs, 2 glass some round cobbles up to 11 on sillier toward swfrce and grades down to fragments, I ceramic pipe coarse hnedium sand. Terminaled because of brick, large metal fragment fragment, 1 brick, I corroded and compacted cobbles. metal fragment. All material in [robe is fill. Probe 2 0-13 Dark brown coarse sandy loam; many rounded pebbles to cobbles. 3 large pieces and several smaller picas of cement rubble, coal fragments; 4 brick fragments 13-70 Greyish brown coarse sandy silt; many rounded pebbles w large cobbles; 2 large cement rubble pieces; coal flecks throughout; blobs oflight can sand with orange oxidization coal and slag; wbile ceramic streaks. fragment; lass fragment. 70-g0 Light brown silty coarse sand; orange mottles; many rounded pebbles to All material in Probe 2 is fill. cobbles- blabs ofDrangeigray sandy clay. Probe 3 0-26 Dark brown sandy loam; lease, moist, subrounded to subangular cobbles and Many coal fragments, 2 ravels common. concrete fraAMeAtJI. 26 69 Brown sand; moderately compact; many subrounded to rounded cobbles and Medal wire and metal drunk at pebbles; 2 cm Ihick lens of gray medium sand at 40 cm; Lenses often 70 art All mme" above compact sandstone present thrix,ghonu stratum. Hit dense layer of cobbles at cobbles in Probe 3 is fill. base. Probe 4 0-12 Brown sand; rounded pebbles to gravel common, few cobbles; soft, loose. Few coal fragments, plastic fragment 12.28 Brown sand; many rounded pebbles to cobbles; mixed lenses of yellowish Few coal frugntents omgc pcWjsend' 28.39 Brown sand; rounded pebbles to cobbles common: slightly firmer, more Coal fragments; large steel compact machine or rallear part (trailer hitch.) embedded in wall 38-57 Soft yedlowiatt-brown sand; few pebbles and gravels; large pi=of Very few coal fragments decomposing wood. 57-80 1 Brown and reddish brown sand mixed; firm; manZ pebblc—Io cobbles Coals la . All material is fill. Probe 5 042 Brown silty sand; loose, moist; very few submunded pebbles and cobbles 1 beer can, 2 nails, 2 glass JU to 21 cm fie meats 42-45 Fine gray sand; no rocks; loose moist. . 45. Dark brown fine to medium sand; moist and very loose; few pebbles end 2 nails, 3 glass fragments, 100 cobbles (up to 5 cm). metal wire, metal pipe piece, coal fragments All material historic fill or alluvium. Probe 6 0-13 Dark brown loamy sand; rounded pebbles to gravel common Clear glass fro meat 13-25 Brown silty sand with reddish brawn streaks; pebbles to gravel common, few cobbles 25-35 Very dark brown silty sand; many coal flecks; many large angular cobbles 3 glass fragments, I nail, I brick fragment 35-40 Reddish brown and light brown compact silty surd in mired, irregular I nail All material above 40 lenses; many rounded and an ular gravels, cm is fill. 40-52 dive brown medium sand• few pebbles to ravel • soft Natural depoail 52-70 OEivd brown sand; yM many rounded gravel to large cobbles; imbricated Natural river cobble deposit Probe 7 0-10. Dark brown sandy loam; loose, mois(; very few subrounded pebbles and Metal wire cobbles 10.28 Gn /tan fine sand• lousS moist; linle to no rock content, 28-54 Strong brown silty sand; compact, moist; many subrounded to rounded Charcoal, metal chunk ' Pebbles and cobbles 54.69 Gray/brown medium -fine sandy gravel; loose; very many subrounded to Coal; burr. rocks; All material rounded pebbles and cobbles. is fill or recent alluvium Probe 8 dark brown sandy loam; many rounded pebbles to 661es; canto co FI.40Very 5common. Gray very coarse sand with very many rounded gravel to large cobbles. Few small pieces ofcual; river channel de osit& Fred Kaufman - RCOWKECOPY EXCHANGE 112008-151503.PDF _ Page 32 7 \ ations was observed in the survey of the Cedar River Brood Stock Site. ere observed on the surface and in shovel probes throughout the re generally insignificant fragments of metal, glass, coal, and fill material that was observed on the terrace slope included bits of nd clay mixed in with local river cobbles, which suggests that it is nhhr..I:— hr;Ar anA rloV fnrtnN that was IMPA in Qkhfi17P. And - - ..------ Fred Kaufman - RCOWKECOPY EXCHANG— '8112008-151503.PDF Page 33 8 Hilbert, Vi, Jay Miller, and Zalmai Zahir (editors) 2001 Puget Sound Geography, Original Manuscript from T. T. Waterman. Zahir Consqlting Services, Federal Way, Washington. Larson, Lynn L. and Dennis E. Lewarch 1990 Cultural Resource Assessment of Cedar River Watershed Sockeye Spawning Channel/Fish Hatchery, King County, Washington. LAAS technical report #90-4, Submitted to Seattle Water Department, Seattle, Washington. Metsker, Charles 1926 Metsker's Atlas of King County, Washington. Metsker Map Co., Seattle. 1936 Metsker's Atlas of King County, Washington Metsker Map Co., Seattle. Mullineaux, Donal R. .[970 Geology of the Renton, Auburn, and Slack Diamond Quadrangles, King County, Washington. Geological Survey Professional Paper 672, pp. 1-9.2. Natural Resources Conservation Service 2006 Soil Survey of King County Area, Washington, Web Soil Survey, National Cooperative Soil Survey. Electronic document http://websoilsurvey.nres.usda.gov/ app/. Accessed May 5, 200S. Pacific Northwest Center for Geologic Mapping Studies 2006 Geologic Map of King County Washington. Derek Booth, Kathy Troost, Aaron Wisher, compilers. Electronic document httR://Rec)mavnw.ess,washington.edu/serviccs/ublications/ma /data/Kin Co compoLl Le.Rff. Accessed May 13, 2008. Sanborn Map Company 1904 Insurance Maps of Renton, Washington. Sanborn Map Company, Ltd., New York. Slauson, Morda 1976 Renton: From Coal to Jets. Renton Historical Society, Renton, Washington- USGS 1895 Renton, Washington 15' topographic quadrangle. United States Geological Survey- Fred Kaufman - RCOWKECOPY EXCHANG^ "8112008-151503.PDF Page 34 Fred Kaufman - RCOW KECOPY EXCHANG 112008-151503.PDF Page 35 Appendix B City of Renton Tri-Park Master Plan PUBLIC WORKS DEPARTMENT ♦,� ��� M E M O R A N D U M DATE: July 25, 2008 TO: Vanessa Dolbee, Planner CC: Ron Straka, Surface Water Utility Engineering Supervisor FROM: Steve Lee, Surface Water Utility Engineer C Zr'j-� STAFF CONTACT: St eve Lee SUBJECT: SPU Broodstock Facility The City of Renton Surface Water Utility has reviewed the submitted civil plans and information provided by the City of Seattle Public Utilities (SPU) dated July 11, 2008. The surface water aspects of the project are acceptable for construction with one criteria needing to be addressed as part of the operation and maintenance of the facility. This `safety' concern is stated below. A safety concern exists for the proposed cable setup that is seven feet above the ordinary high water mark (OHWM), but during higher flows will it's structure overtopped by four to five feet above the cable height. As part of the operation of the facility, SPU must remove the cable when not using the cable during fish collection. This is a safety concern for recreational boaters/kayakers who frequent the river and will want to boat during higher flows on the Cedar River. Any other safety concerns to recreational users of the river must also be addressed if there exists a chance of this facility increasing the risk of injury to recreational boaters. hAftle syslswa - surface water section administrationlswa 1 1- interagency cooperation111-0001 seattlelbroodstock & hatchery prograin1080725-final review comments.doc City t nton Department of Community & Economi relopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Utk((t( COMMENTS DUE: JULY 18, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: JULY 10, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Vanessa Dolbee PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): NIA LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) N/A WORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance, Hearing Examiner Conditional Use Permit and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid - September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 5 trees in a critical area (shoreline area), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Rants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics tight/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. Signature of Director or Authorized Representative Date City of on Department of Community & Economic I lopment ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: <� � " �_r' COMMENTS DUE: JULY 18, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: JULY 10, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Vanessa Dolbee PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: South hank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance, Hearing Examiner Conditional Use Permit and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid - September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 5 trees in a critical area (shoreline area), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/5hore7ine Use Animals Environmental Health Energy/ Natural Resources B. POLICY-RELA TED COMMENTS C. CODE -RELATED COMMENTS We have reviewed this application areas where dditional information rj� , - J Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation Utitities Transportation Public Services Historialcultura! Preservation Airport Environment 10,000 Feet i4,000 Feet ;ular attention to those areas in which we have expertise and have identified areas of probable impact or to properly assess this proposal. Signature of Director or Authorized Representative Date Printed: 07-09-2008 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA08-018 07/09/2008 12:32 PM Total Payment: 1,000.00 Current Payment Made to the Fallowing Items: Receipt Number Payee: City of Seattle Trans Account Code Description Amount ---------------- ------- 5009 ------------------ 000.345.81.00.0006 ------------------------------- Conditional Use Fees 1,000.00 Payments made for this receipt Trans Method Description --------------- Amount ---------- Payment -------- --------------------------- Check 40013733 1,000.00 Account Balances Trans Account Code Description Balance Due --------------- ------ 3021 ------------------ 303.000.00.345.85 ------------------------------ Park Mitigation Fee .00 5006 000.345,81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/waivers .00 5008 000.345.81,00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 501C 000.345,81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00,0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees -00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00,0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345,81,00.0017 Site Plan Approval .00 5021 000.345,81.00.0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345,81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341,50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 R0803603 Remaining Balance Due: $0.00 City of Seattle Gregory J. Nickels, Mayor Seattle Public Utilities Chuck Clarke, Director July 8, 2008 Attn: Vanessa Dolbee, Renton City Hall 6"' Floor 1055 Grady Way Renton, WA 98055 SUBJECT: LUA08-018 Land Use Permits Dear Vanessa: Please find enclosed material requested from the City of Renton to resume processing the land use applications that Seattle Public Utilities (SPU) applied for on March 14, 2008. Included in this recent package is: • Six (6) copies of the revised permit plan set • One (1) set of PMT's Six (6) copies of an overall site plan depicting the site at project completion including weir details • One (1) 24" x 36" photo rendering of the project area as viewed from the Renton Community Center • Two (2) copies of an 8 %" x I I" photo rendering • Six (6) copies of the revised Project Narrative • Six (6) copies of the revised Variance request • Six (6) copies of a Conditional Use Permit Justification as required for a Conditional Use Permit • Application fee of $1,000 for the Conditional Use Permit • Six (6) copies of a geotechnical report addressing the cable support tie -back through the existing retaining wall • One (1) copy of the Cedar River Access Facility Management Plan I believe SPU has addressed all of Renton's concerns raised to date. If you have any questions or comments, please feel free to contact me via e-mail (char]ie.madden@seattle.gov) or telephone at (206) 684-5977. Sincerely, Og CHARLES MADDEN, PE Manager, Project Management Section Engineering Division Seattle Municipal Tower, 700 5th Avenue, Suite 4900, PO Sox 34018, Seattle, WA 98124-4018 Tel: (200) 684-5851, ] Y/TDD: (206) 233-7241, Fax: (206) 684-4631. Internet Address: http:Nww-w,seattle.goviutil/ An equal employment opportunity, affirmative action employer, Accommodations for people with disabilities provided upon request. 4 I CAFNIA DRL "'III SHANNON &WILSON, INC. COLORADD FORD GEOTECHNIGAL AND ENVIRONMENTAL CONSULTANTS wssouRl OREGON WASHINGTON May 13, 2008 Tetra Tech 1420 Fifth Avenue, Suite 600 Seattle, WA 98101 Attn: Mr. John C. McGlenn, P.E. RE: GEOTECHNICAL CONSULTING SERVICES, BROODSTOCK COLLECTION SITE FOR CEDAR RIVER SOCKEYE, RENTON, WASHINGTON A boat tether cable is required across the Cedar River to provide access to the Sockeye Broodstock facility located in the river_ Anchors are required at both ends of the line. To the sough, a tripod system will be used. The north end will be supported with a soil anchor installed through an existing stone masonry wall along the edge of the river. We understand the anchor load would conservatively be around 5 kips. The ground anchor will consist of a Williams Form Engineering Corp. Manta Ray anchor Model MR-3. Based on our experience with this type of anchor and review of the manufacturer's information, the MR-3 should be capable of supporting the toad in soils consisting of loose sand and soft clay, the types of soils lively to be behind the masonry wall. In addition, the anchor will be proof -tested to the design load. The test load should be held for at least 10 minutes and the jack ram recorded for any movement. If movement is detected, the anchor should be driven deeper or a larger size be substituted. We have reviewed the proposed anchor installation procedure recommended by Tetra Tech in its sketch titled, "Soil Anchor for Boat Tether Cable," dated April 30, 2008, and concur with this approach. The Manta Ray anchor should be installed in accordance with the manufacturer's recommendations, i.e., until practical driving refusal is achieved or maximum length of 20 feet, whichever is less. Minimum anchor length should be 16 feet. Shannon & Wilson, Inc. has prepared the enclosed "Important Information About Your Geotecbnicat Report" to assist you and others in understanding the use and limitations of our reports. 4D0 NORTH 34TH STREET • SUITE 100 PO BOX 300303 SEATTLE, WASHINGTON 98103 206.632.8020 FAX 206.695.6777 7flD: i•800-833•6388 www _ sha n norm h Isa n. com 21-1-09416-006 Tetra Tech Attn: Mr. John C. McGlenn, P.E. May 13, 2008 Page 2 SHANNON &WILSON. INC. We appreciate this opportunity to be of service and if you have any questions, please contact me at 206-695-6801. Sincerely, SHANNON & WILSON, INC. !EXPIRES: Ir 1b�'� Thomas M. Gurtowski, P.E. Vice President TMG/lkd Enclosure: Important Information About Your Geotechnical Report z i-1-a9a f �006-L1.dudwp/LKD 21-1- 09416-006 SHANNON & WILSON, INC. Attachment to and part of Report 21-1-09416-006 Geotechnical and Environmental Consultants Date: May 13, 2008 To: Tetra Tech Attn: Mr. John C. McGlenn, P.E. IMPORTANT INFORMATION ABOUT YOUR GEOTECHNICALIENVIRONMENTAL REPORT CONSULTING SERVICES ARE PERFORMED FOR SPECIFIC PURPOSES AND FOR SPECIFIC CLIENTS. Consultants prepare reports to meet the specific needs of specific individuals. Areport prepared for a civil engineer may not be adequate for a construction contractor or even another civil engineer. Unless indicated otherwise, your consultant prepared your report expressly for you and expressly for the purposes you indicated. No one other than you should apply this report for its intended purpose without first conferring with the consultant. No party should apply this report for any purpose other than that originally conternplated without first conferring with the consultant. THE CONSULTANT'S REPORT IS BASED ON PROJECT -SPECIFIC FACTORS. A geotechnical/environmental report is based on a subsurface exploration plan designed to consider a unique set of project -specific factors. Depending on the project, these may include: the general nature of the structure and property involved; its size and configuration; its historical use and practice; the location of the structure on the site and its orientation; other improvements such as access roads, parking lots, and underground utilities; and the additional risk created by scope -of -service limitations imposed by the client. To help avoid costly problems, ask the consultant to evaluate how any factors that change subsequent to the date of the report may affect the recommendations. Unless your consultant indicates otherwise, your report should not be used: (1) when the nature of the proposed project is changed (for example, if an office building will be erected instead of a parking garage, or if a refrigerated warehouse will be built instead of an unrefrigerated one, or chemicals are discovered on or near the site); (2) when the size, elevation, or configuration of the proposed project is altered; (3) when the location or orientation of the proposed project is modified; (4) when there is a change of ownership; or (5) for application to an adjacent site. Consultants cannot accept responsibility for problems that may occur if they are not consulted after factors which were considered in the development of the report have changed. SUBSURFACE CONDITIONS CAN CHANGE. Subsurface conditions may be affected as a result of natural processes or human activity. Because a geotechnicai/environmental report is based on conditions that existed at the time of subsurface exploration, construction decisions should not be based on a report whose adequacy may have been affected by time. Asir the consultant to advise if additional tests are desirable before construction starts; for example, groundwater conditions commonly vary seasonally, Construction operations at or adjacent to the site and natural events such as floods, earthquakes, or groundwater fluctuations may also affect subsurface conditions and, thus, the continuing adequacy of a gee technical/environmental report. The consultant should be kept apprised of any such events, and should be consulted to deter nine if additional tests are necessary. MOST RECOMMENDATIONS ARE PROFESSIONAL JUDGMENTS. Site exploration and testing identities actual surface and subsurface conditions only at those points where samples are taken. -Die data were extrapolated by your consultant, who then applied judgment to render an opinion about overall subsurface conditions. The actual interface between materials may be far more gradual or abrupt than your report indicates. Actual conditions in areas not sampled may differ from those predicted in your report. While nothing can be done to prevent such situations, you and your consultant can work together to help reduce their impacts. Retaining your consultant to observe subsurface construction operations can be particularly beneficial isi this respect. Page 1 of 2 1/2008 A REPORT'S CONCLUSIONS ARE PRELIMINARY. The conclusions contained in your consultant's report are preliminary because they must be based on the assumption that conditions revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Actual subsurface conditions can be discerned only during earthwork; therefore, you should retain your consultant to observe actual conditions and to provide conclusions. Only the consultant who prepared the report is fully familiar with the background information needed to determine whether or not the report's recommendations based on those conclusions are valid and whether or not the contractor is abiding by applicable recommendations. The consultant who developed your report cannot assume responsibility or liability for the adequacy of the report's recommendations if another party is retained to observe constn►ction. THE CONSULTANT'S REPORT IS SUBJECT TO MISINTERPRETATION_ Costly problems can occur when other design professionals develop their plans based on misinterpretation of a geotechnical/enviroamental report. To help avoid these problems, the consultant should be retained to work with other project design professionals to explain relevant geotechnical, geological, hydrogeologicat, and environmental findings, and to review the adequacy of their plans and specifications relative to these issues. BORING LOGS ANDiOR MONITORING WELL DATA SHOULD NOT BE SEPARATED FROM THE REPORT. Final boring logs developed by the consultant are based upon interpretation of field logs (assembled by site personnel), field test results, and laboratory and/or office evaluation of field samples and data. Only final boring logs and data are customarily included in geotechnical/euvironmental reports. These final logs should not, under any circumstances, be redrawn for inclusion in architectural or other design drawings, because drafters may commit errors or omissions in the transfer process. To reduce the likelihood of boring log or monitoring well misinterpretation, contractors should be given ready access to the complete geotechnical engineering/environmental report prepared or authorized for their use. If access is provided only to the report prepared for you, you should advise contractors of the report's limitations, assuming that a contractor was not one of the specific persons for whom the report was prepared, and that developing construction cost estimates was not one of the specific purposes for which it was prepared. While a contractor may gain important knowledge from a report prepared for another party, the contractor should discuss the report with your consultant and perform the additional or alternative work believed necessary to obtain the data specifically appropriate for construction cost estimating purposes. Some clients hold the mistaken impression that simply disclaiming responsibility for the accuracy of subsurface information always insulates them from attendant liability. Providing the best available information to contractors helps prevent costly construction problems and the adversarial attitudes that aggravate them to a disproportionate scale_ READ RESPONSIBILITY CLAUSES CLOSELY_ Because geotechnical/environmental engineering is based extensively on judgment and opinion, it is far less exact than other design disciplines. This situation has resulted in wholly unwarranted claims being lodged against consultants. To help prevent this problem, consultants have developed a number of clauses for use in their contracts, reports and other documents. These responsibility clauses are not exculpatory clauses designed to transfer the consultant's liabilities to other parties; rather, they are defuutive clauses that identify where the consultant's responsibilities begin and end_ Their use helps all parties involved recognize their individual responsibilities and take appropriate action. Some of these definitive clauses are likely to appear in your report, and you are encouraged to read there closely_ Your consultant will be pleased to give full and frank answers to your questions. The preceding paragraphs are based on information provided by the ASI;E/Association of Engineering Firms Practicing in the Geoseiences, Silver Spring, Maryland page 2 of 2 1 /2009 A6 Seattle %Public Utilities PROJECT NARRATIVE CEDAR RIVER ACCESS FACILITY J U LY 7, 2008 Project Name, Size, & Location: The Cedar River Access Facility is located at approximately River Mile 1.7, immediately upstream of I-405. The project will develop an area on the south side of river across from the City of Renton's Cedar River Park. The size of the area to be utilized by this project consists of approximately 0.25 acres. Land Use Permits Required: Land use permits required from the City of Renton: • Site Plan Review • Shoreline Substantial Development Permit • Variance Permit • Conditional Use Permit Permits from other agencies may include: • Washington Department of Fish and Wildlife HPA • Washington Department of Ecology 401 Water Quality Certification • Washington Department of Natural Resources Aquatic Resources Use Authorization Notification • Corps of Engineers Section 404 Permit Environmental Impact Statement (EIS) History: A Final EIS (FEIS) for a new Cedar River Sockeye Hatchery, including improvements to existing spring water collection facilities and a new broodstock collection facility, was prepared in compliance with the SEPA; RCW 43.21C and the Seattle SERA Ordinance (Chapter 25.05 of the Seattle Municipal Code). Published in March 2003, the adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. That decision was appealed to the King County Superior Court, who also held that the SEIS was adequate in 2006. The King County decision was appealed to the Washington State Court of Appeals and it was once again deemed adequate in 2007. On June 3, 2008, the Washington State Supreme Court denied the appellant's petition to hear the case. SEPA is now complete. Seattle Public Utilities PROJECT NARRATIVE CEDAR RIVER ACCESS FACILITY J U LY 7, 2008 Project Name, Size, & Location: The Cedar River Access Facility is located at approximately River Mile 1.7, immediately upstream of I-405. The project will develop an area on the south side of the river across from the City of Renton's Cedar River Park. The size of the area to be utilized by this project consists of approximately 0.25 acres. Land Use Permits Required: Land use permits required from the City of Renton: • Site Plan Review • Shoreline Substantial Development Permit • Variance Permit • Conditional Use Permit Permits from other agencies may include: Washington Department of Fish and Wildlife HPA Washington Department of Ecology 401 Water Quality Certification • Washington Department of Natural Resources Aquatic Resources Use Authorization Notification • Corps of Engineers Section 404 Permit Environmental Impact Statement (EIS) History: A Final EIS (FEIS) for a new Cedar River Sockeye Hatchery, including improvements to existing spring water collection facilities and a new broodstock collection facility, was prepared in compliance with the SEPA; RCW 43.21C and the Seattle SEPA Ordinance (Chapter 25.05 of the Seattle Municipal Code). Published in March 2003, the adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. That decision was appealed to the King County Superior Court, who also held that the SEIS was adequate in 2006. The King County decision was appealed to the Washington State Court of Appeals and it was once again deemed adequate in 2007. On June 3, 2008, the Washington State Supreme Court denied the appellant's petition to hear the case. SEPA is now complete. A. Zoning: The zoning in the project area is primarily Commerci al/O Me c/Residential (COR) and borders on a Resource Conservation (RC) zone, which is shown in Figure 1 below. W% Renton City Limits :y Parcels Zoning a $ResourceConv... E ,, Residential 1du1.,. ]Residenfial4 du... Residential 8 du... , ezdenfial Man,.. / Residential tpd._ Residential 14 d .. _ _]Residential Mult... Residential Mud Residential Mult... _ ]Center Village _Urban Center N... - Urban Center N,.. -#: Center Downtown CommerciautNi... , 'Commercial Art.. Commercial Off. ,r1�Commerc�al Nei... -Aindusbial - Heavy ;�.....: Industrial - Meth._ Industrial - Light ® Renton Aerial Figure 1: Existing City of Renton Zoning nearRroject site Current Use of the Site and Any Existing Improvements: The project site is located on the bank of the south side of the Cedar River. There is no formal access to the river itself in the project area. There is an existing pedestrian/bicycle trail that parallels the river. On the opposite side of the river from the project site, is the City of Renton's Cedar River Park (park use) which includes a large lawn area, landscaped areas, and a paved pedestrian trail along the river's edge. There is also a pedestrian bridge with lighting over the Cedar River immediately downstream of the project site. The area to the northwest of the project site (downstream of project site) is occupied by I-405 (freeway right-of-way). Special Site Features: The purpose of the project is to provide public access to the Cedar River and to collect adult broodstock sockeye salmon. Therefore, the project site is located adjacent to and within the Cedar River. The river's shoreline area will be affected to create access and a staging area for fish handling. Soil Types: The project area on the south bank of the river is underlain with fill material that is likely due to realignment of the river channel in the early 1900's. Additional fill may exist from levees, revetments, roads, and railroad grades. The north bank of the river consists of younger alluvium (Qyal). 2 46 Proposed Use and Scope of Project Development: The project will accommodate public access, recreational activities and broodstock sockeye salmon collection. - The improvements are to meet the needs of several types of activities that are expected at this site including access to the Cedar River, providing public opportunity to observe salmon runs and sockeye salmon collection activities, and put -in and pullout for non - motorized boats. The location of the access site next to the Cedar River Park, Cedar River Trail, existing pedestrian bridge across the river, and future park improvements (described in the "Renton Tri-Park Master Plan") enhances these existing and proposed facilities. It is anticipated that many of these park users will take advantage of the public access to the south side of the Cedar River offered by this project that currently does not exist. During the fall months this project will provide an excellent opportunity for viewing and gaining insight to the salmon resources in the Cedar River. This broodstock collection facility consists of a removable fence and trap in the river channel, and a loading area where fish are transferred from the river into a transport truck. These fish are then hauled to the hatchery site near Landsburg Dam where they will be spawned. This project will improve the ability for the sockeye hatchery to meet its goals. Under agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, Seattle Public Utilities (5PU) has committed to operate a sockeye hatchery on the Cedar River in response to State concerns over the blockage at Landsburg Dam. The location and design of the broodstock collection facility are important to meeting the biological goals of the hatchery. We would like to construct the new facility in the summer of 2008. Considerable work has been done to develop technical protocols and designs that reduce the risk of unintended adverse effects on naturally spawning salmon populations while allowing the project to contribute to larger sockeye returns and improved fishing opportunities. The location at 1-405 was carefully chosen after technical studies and environmental review pointed to this site as the best location. The location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire population. The current site at RM 6.2 misses approximately 30% of the population because it is so far upstream. The collection facility system that is planned for the I-405 site has been in use in other areas and has been successful at withstanding higher fall flows that compromise the facility currently in use. Consequently, current collection operations often need to be terminated earlier than desired, compromising biological and production goals. The proposed system is capable of withstanding higher flows due to its flexibility and ability to submerge during periods of very high flows. This will allow the collection period to occur near the middle of the run rather than favoring the earlier portion of the run. This project includes the following components: 1. A flexible picket structure that will span the width of the Cedar River, just upstream of the I-405 bridge (see Figures 2-4 at end of document). The pickets and spacers are made of plastic and are built in 3'x20' panel sections. The bottoms of these panels are secured to the river bed by hooking to a cable that . runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets that are connected to a metal base. The metal base is secured to the bottom with pins and small cables to duckbill anchors upstream. The metal plate will be left in place from year to year, but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December and stored off -site. 2. Traps- A trap would be used to intercept sockeye. This traps will be made of aluminum pickets and be approximately 6'x 12' in size. It will be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up nearer to shore as flows increase. The trap will have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and coho will pass the collection site. The hatchery will need to trap up to 20,000 sockeye depending on run size and broodstock collection will be less than 50% of the sockeye run. Specific protocols for passing Chinook will be in place for avoiding delay or causing redistribution of spawning sites. Protocols have been developed and tested at the current facility and that knowledge will be used to develop procedures for the new facility. Monitoring will continue to identify where Chinook spawn, expanding on a data base that began in 1999. 3. Safety cable — a safety cable that spans the river will be installed to provide greater employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This cable would be removed at the end of collection operations. 4. Loading area — an access driveway will be developed to allow the fish hauling truck to approach the river. The driveway will be located above the ordinary high water line. Five trees and some brush will be removed in the riparian zone for the roadway and ramp. 5. Access driveway - the access driveway will connect to Narco Road and cross the existing pedestrian trail. This section of the trail will be modified to support the weight of the truck. 6. Trailers — Personnel will be on -site 2417 when the weir is in operation. Two portable trailers will be situated in the parking lot adjacent to the Cedar River Trail. One trailer is for living quarters and the second trailer is a small, utility trailer to be used for equipment storage. The trailers would be removed at the end of the broodstock collection season. 7. Utilities - electricity will be brought to the site for lighting, pumps and to provide electricity to the caretaker RV. A small (3/4") water service will be installed to provide potable water on site. Garbage and recycling containers will be placed in the utility/equipment trailer and their contents will be removed weekly and managed off -site. Restroom facilities will be located in the trailer designated as temporary living space. There will be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks will be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities will be separately metered and usage will be paid for by SPU. 8. Lighting - A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The 4 fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system will be on a separate circuit, to be activated only during fish collection operations. 9. Information signage — Establish public information signage on both sides of the river so that interested persons can learn more about salmon in the Cedar River and about the sockeye hatchery program. It is estimated that it will take a maximum of 140 trips per season, spread out over a 90 day period, to transfer the fish to the hatchery. Loading time would take approximately 30 minutes per trip. The maximum frequency would be 3 trips per day. Hauling operations would occur during daylight hours. In summary, facilities are proposed that are intended to have minimal impact on other users while carrying out contractual responsibilities under agreement with federal and state resource agencies and the Muckleshoot Tribe. The importance of working closely with the staff of the City of Renton on this project and ensuring that the facilities are safe is recognized. A safety plan will be developed to address safety concerns. New Plat Information: No plats or housing developments are included in this project. Access: Access to the site will be via the Narco Road on the south side of the Cedar River Proposed Off --site Improvements: No improvements are planned outside of the project area at this time. Estimated Construction Cost and Estimated Fair Market Value: The estimated cost of the project is $245,000 for the site civil work and $75,000 for the fabrication and installation of the resistance board weir. The fair market value for this project is not applicable. Estimated Quantities and Type of Fill/Excavation: An estimated 380 cubic yards of material will be cut from the bank below the recreational trail to grade the new access road. Trees Removed: Tree removal will be kept to a minimum to include two 18 inch diameter cottonwood trees, one 12 inch diameter bigleaf maple, one 10 inch diameter red alder tree and one 7 inch diameter red alder tree. Land to be Dedicated to the City of Renton: No lands are to be dedicated to the City of Renton. Proposed Job Shacks: The project may require the use of a job smack during construction. Trailers will be on - site and occupied around the clock during the broodstock collection season as described above. Modifications Requested: We are not requesting any modifications at this time. Distance of Project to Ordinary High Water Mark: Project will include the ordinary high water mark within the project area. Nature of Existing Shoreline: The existing shoreline on the Cedar River consists of a shoreline that has been disturbed at various periods for road construction; river channel work; improvements for parks such as retaining walls, landscaping, and revetments. The shoreline along the south side of the river has the following vegetation: • Japanese knotweed (Polygonum cuspidatum) • Red -Osier Dogwood (Cornaceae Cornus sericea L.) • Bigleaf Maple (Ater macrophyllum), shrub sized • Sitka willow (Salix sitchensis) • Himalayan blackberry (Rubus discolor) • Sweet gale (Myrica gale) • Horsetail (unsure of species) • Ivy (likely English ivy; Hedera helix) • Black cottonwood (Populus balsam fera ssp. trichocarpa) • Red alder (Alnus rubra) Obstructed Views of Nearby Residential Units: There are no residential units in the project area or adjacent to the project that will have obstructed views. The project will not have any components exceeding 35 feet in height. 6 bulkhead Chi / Hve trap Ilaw I eubattald anChOf �/ PSI) passage chute fixed "i Figure 2: Schematic diagram of a resistance hoard weir Figure 3: Resistance hoard weir and trap on the Stanislaus River, CA 7 Figure 4: Swimmer passing over a resistance board weir on the Stanislaus River, CA Seattle 61 Public Utilities CONDITIONAL USE PERMIT JUSTIFICATION CEDAR RIVER ACCESS FACILITY JULY 7, 2008 Proiect Background Seattle Public Utilities (SPU) is applying for the permits needed to construct a public access trail to the Cedar River and to develop a sockeye broodstock collection facility immediately upstream of the 1-405 bridge. This facility consists of an access driveway/trail to the Cedar River, a removable weir and fish trap in the river, and a loading area where :fish are transferred from the river into a transport truck. These fish are then hauled to the hatchery site near Landsburg Dane where they will be spawned. From approximately mid -September to early December each year, trucks would drive down the driveway to the river and load fish into the truck. At most, the fish collection truck would make three trips in one day. The access driveway will be open for public access year round but blocked to public vehicular traffic with removable bollards. This project will improve the ability for the existing sockeye hatchery at Landsburg to meet its goals and will be used for the replacement sockeye hatchery when it is built in 2010. SPU currently collects the broodstock from a site located at river mile 6.5 which misses approximately 30% of the population because it is too far upstream. The collection facility design that is planned for the 1-405 site has been in use in other areas and is successful at withstanding higher fall flows that compromise structure currently in use. Issue The proposed facility is located within a Commercial Office Residential (COR) zone. The COR does not specifically address broodstock facilities. Conditional Use Permit request Section 4-2-050.C.6 of the Renton Municipal Code (RMC) allows the Zoning Administrator to make determinations regarding the permissibility of uses not specifically listed in the zoning code, provided that the use is "in keeping with the purpose and intent of the zone, and, similar in nature to a specifically listed Permitted, Secondary, Accessory or Conditional Use." Comprehensive Plan: The City of Renton's Comprehensive Plan (Nov. 2004) includes environmental policies relevant to the proposed work: + Policy EN-2. Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply, energy production and open space. • Policy EN-53. Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam. One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream. Additionally, it is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, and would allow us to extend the collection period. Zoning Ordinance: Natural Resource Extraction/Recovery is listed as allowed per a Conditional Use in the COR zone. RIMC Section 4-11-140 defines "Natural Resource Extraction/Recovery" as follows: "land used for timber harvesting consistent with the Forest Practices Act or silviculture, mineral extraction, or natural resource recover such as mining reclamation or reforestation. This definition excludes Christmas tree farms, nurseries, and agriculture." The proposed Broodstock facility is intended to facilitate in the recovery of a natural resource (salmon) by providing a mechanism to enhance the population of the fish. Tri-Park Master Plan: The Tri-Park Master Plan, as adopted by the Renton City Council on September 25, 2006 outlines the plan to unite Cedar River Park, Liberty Park, and the Narco Site. The plan was initiated to prepare for and address the impacts to park lands and facilities by the Interstate 405 improvements. The broodstock collection facility is identified on the Tri-Park Master Plan in the vicinity of the relocated pedestrian bridge. It is anticipated that the new river access created by this project and the broodstock collection facility itself will be beneficial to the overall plan, creating a formal access path to the river and providing a public educational opportunity to learn about salmon in the Cedar River. State Recreation and Conservation Office (RCO) A portion of the facility is situated on land that was purchased by the City of Renton with funding from the RCO in 1996. The RCO "creates and maintains opportunities for recreation, protects the best of the states wild lands, and contributes to the state's efforts to recover salmon from the brink of extinction." The proposed access to the river for year round public recreational use is consistent with the RCO's recreation objective. Additionally, the use of the site to collect adult sockeye salmon is consistent with the RCO's objective to contribute to salmon recovery. Community Need: The proposed project will benefit the community at large. The construction of a trail to the edge of the Cedar River will allow public access to the river. It can serve as a boat launch for small non -motorized boats such as kayaks or canoes that can be carried from the upper parking lot to the river. The removable weir would be in place from mid -September to early December and would be stored off -site when not in use, providing full and unobstructed access for more than eight months out of the year. The proposed location of the broodstock facility will not result in the over -concentration of this type of facility within the City of Renton. There can be only one fish collection facility of this type on the Cedar River within the City of Renton and the immediate area. The proposed location is well suited for the public access trail and the broodstock collection facility. The access trail is across the river from the Cedar River Park and adjacent to a public parking lot that is primarily used for the Cedar River Trail access. Effect on Adjacent Properties - The proposed facility will not result in substantial or undue adverse effects on adjacent property. The facility is located on the south shore of the Cedar River within close proximity of 1-405. Across from the access road is Renton's Cedar River Park Compatibility: The proposed use is compatible with the residential scale and character of the neighborhood. There are no residences in the immediate are of the proposed facility. The access road will be located off of the existing Narco Road, which currently is blocked to vehicle traffic immediately east of the access point. Parking: There is no plan to provide additional parking for the facility. There is an existing parking lot that is used to access the Cedar River Trail, a regional pedestrian/bicycle trail running parallel to the Cedar River. It is anticipated that 2-4 of these parking spaces will be used by the broodstock facility employees. From mid -September to mid -December, while the fish collection is occurring, there will be a travel trailer parked in the parking lot to be used as a residence for one employee to be on site 24 hours a day, 7 days a week. There will also be a smaller utility trailer parked in the parking lot that would be used for storage. Traffic: The project will have some impacts to both vehicle and pedestrian/bicycle traffic in the parking lot area during the collection period. From one to three times a day, the fish hauling truck will access the site via the parking lot and cross the Cedar River Trail to drive down to the river. Signs will be mounted in both directions on the trail warning users approaching the site of potential truck crossings ahead. The fish transport truck drivers are all SPU employees; they have commercial driver's licenses and routinely operate heavy equipment in public areas with pedestrians, cyclists, and vehicular traffic. They will yield the right-of-way to the public. A trained person will be posted at the trail crossing when the truck is entering or leaving the access drive to ensure the safety of trail and parking lot users. No other traffic impacts are expected as a result of this facility. Noise, Glare: The operation of the broodstock facility will create some additional noise, but given the close proximity to 1-405 it should be neglible. A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system will be on a separate circuit, to be activated only during fish collection operations. Landscaping: Comprehensive landscaping plans are included in the Permit Drawings. The surrounding area will be cleared of noxious weeds (blackberry and Japanese knotweed) and replanted with native and non-invasive trees, shrubs and other plant species. See sheets 13-17 of the plan set for details. Accessory Uses: There are no accessory uses planned for this site. Conversion: There are no existing buildings or structures within the project area. Public Improvements: The proposed project will not impose undue burden on any public improvements, facilities, utilities or services. During the fish collection season, a portable trailer will be located on site to house operation staff 24 hours a day, 7 days a week. In addition, a smaller equipment trailer will be placed adjacent to the living quarters to allow for storage of equipment and clothing. A 3/4" water service will be installed to provide potable water to the upper portion of the project site. Garbage and recycling containers will be placed in the utility/equipment trailer and their contents will be removed weekly and managed off - site. Restroom facilities will be located in the trailer designated as temporary living space. There will be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks will be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities will be separately metered and usage will be paid for by SPU. Lot Coverage: Lot coverage is not an issue as there will be no structures associated with the project. Yards: There are no yards as. there are no structures proposed with the project. Height: There are no buildings or proposed structures associated with the project E G Seattle S Public Utilities PUBLICIQUASI-PUBLIC UTILITY REQUEST FOR VARIANCE CEDAR RIVER ACCESS FACILITY JULY 7, 2008 Project Background Seattle Public Utilities (SPU) is applying for the permits needed to construct a new access driveway to the Cedar River and a sockeye broodstock collection facility immediately upstream of the 1-405 bridge. The project will accommodate public access, recreational activities and broodstock sockeye salmon collection. The improvements are to meet the needs of several types of activities that are expected at this site including access to the Cedar River, providing public opportunity to observe salmon runs and sockeye salmon collection activities, and put -in and pullout for non - motorized boats. The location of the access site next to the Cedar River Park, Cedar River Trail, existing pedestrian bridge across the river, and future park improvements (described in the "Renton Tri-Park Master Plan") enhances these existing and proposed facilities. It is anticipated that many of these park users will take advantage of the public access to the south side of the Cedar River offered by this project that currently does not exist. During the fall months this project will provide an excellent opportunity for viewing and gaining insight to the salmon resources in the Cedar River. The broodstock collection facility consists of a removable fence and traps, and a loading area where fish are transferred from the river into a transport truck. These fish are then hauled to the hatchery site near Landsburg Dam where they will be spawned. The broodstock collection site requires an access driveway which enables trucks to reach the river edge. Fish collection activities would occur from approximately mid -September to early December each year. This project will improve the ability for the existing sockeye hatchery at Landsburg to meet its goals and would be used for the replacement sockeye hatchery when it is built in 2010. SPU currently collects the broodstock from a site located at river mile 6.5 which misses approximately 30% of the population because it is too far upstream. The collection facility design that is planned for the 1-405 site has been in use in other areas and is successful at withstanding higher fall flows that compromise the structure currently in use. Constructing the access driveway would require SPU to remove five trees from the Cedar River shoreline, which conflicts with City of Renton policies. Issue According to RMC 4-4-130 D. 2.a, tree cutting and land clearing is prohibited on portions of property with protected critical habitats, including Shorelines of the State. The proposed broodstock collection facility is located along a portion of the Cedar River which is considered a Shoreline of the State. SPU would like to remove three trees from the 25-ft buffer (two red alders, 7" and 10" diameter, and one 18' diameter poplar) and two additional trees from the near -buffer area (one 1 S" poplar and one 12" big leaf maple) in order to build a driveway to the river edge to provide vehicle access to aid in transport of thousands of sockeye annually. Three of the trees are located in the proposed access road/driveway; two additional trees are so close to the proposed road that their roots would likely be severely damaged during road construction. Variance request i. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety and welfare is best served; The City of Renton's Comprehensive Plan (Nov. 2004) includes environmental policies relevant to the proposed work. • Policy EN-2. Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply, energy production and open space. • Policy EN-53. Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam. One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream. Additionally, it is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, and would allow us to extend the collection period. ii. Eachfacility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies 2 The proposed project is located in an area primarily designated as CommerciallOff celRetail and borders on a Resource Conservation zone. Two land use policies are of particular relevance to the proposed project: • Policy LU-62. Natural and cultural resources should be identified by project proponents when applying for land use approval, as part of the application submitted for review. • Policy LU-90. Siting of regional facilities that are specialized (e.g. landfills, maintenance shops) or serve a limited segment of the population (e.g. justice centers) should rely more strongly on the special locational needs of the facility and the compatibility of the facility with surrounding uses. The proposed broodstock collection is a very specialized regional facility that must be located on the river. The adjacent land uses, the I-405 transportation corridor and Renton's CARCO Park are compatible with the proposed facility. iii. Each Facility must serve established, identified public needs The proposed project serves established, identified public needs as shown in the Landsburg Mitigation Agreement and in the City of Renton's Comprehensive Plan Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. iv. No practical alternative exists to meet the needs SPU considered the following alternatives: a. Alternative locations. The Cedar River Sockeye Hatchery Final EIS (March 2003) examined four alternative sites for collecting adult fish for spawning, all of which are located on the lower Cedar River, either within unincorporated King County or within the City of Renton. The four sites are: • 1-405 site located at river mile 1.7 • SPU right-of-way at river mile 3.4, located in a City of Renton greenbelt. • Elliott Bridge Site located at river mile 5.3 * SPU's existing broodstock collection site located at river mile 6.5, off the Maple Valley Highway. The 1-405 site was selected because the greatest number of sockeye would pass the weir at this point, which allows the broodstock collection to have the greatest likelihood of meeting numeric egg take goals. In addition, an independent science. panel convened by SPU, to provide advice on technical hatchery issues, concluded that adult sockeye should be collected as Car downstream as possible in order to obtain a representative cross-section of spawners. 3 The right-of-way site is located in an undeveloped greenbelt used for walking and hiking. Locating the broodstock at this site would place the facility downstream of a spawning channel being developed by Renton. It is possible that the collection weir could cause localized changes in sockeye spawning behavior, potentially increasing or lowering the number of sockeye that would otherwise use the spawning channel. The Elliott Bridge site could be come an attractive nuisance to the children living in nearby homes. The existing site was deemed the least desirable of all four alternatives because it is the farthest upstream. Egg take goals may not be met and a less diverse cross section of sockeye would be collected here. b. Relocating the driveway within the proposed location. If the driveway were relocated further east or west, it would result in the loss of additional and/or larger trees. c. Avoid cutting trees. There would be no driveway to the water's edge. Fish could not be moved by crane from the river to a truck. Thousands of salmon would by transported by hand from the river to the roadway, which would be much more stressful to the captured sockeye, much more time consuming and riskier for the workers transporting the fish. v. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. SYU is requesting a variance to remove five trees. The lost trees would be replaced at a 2:1 ratio. The proposed driveway has been located to avoid to very large cottonwood trees. The project proposes to compensate for the permanent loss of 717 sq ft of riparian vegetation in the 25-ft buffer by enhancing 1,400 square feet of adjacent buffer. The enhancement activities include removing non-native vegetation from the understory, and replacing them with a mix of shrubs and native trees, including a substantial number of conifers. In addition, approximately 9,950 square feet of additional area will undergo invasive species removal and will be restored with native trees, shrubs, and groundcover. vi_ The proposed activity results in no net loss of regulated wetland or stream/lake area, value or function in the drainage basin where the wetland, stream or lake is located. The proposed project does not result in a net loss of regulated wetland or stream/lake area, value or function. The proposed project will remove five trees (poplar, red alder 4 and big leaf maple). The vegetation would be restored in the manner described in the previous section_ vii. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. The proposed project is designed to enhance salmon recovery in the Cedar River. The proposed action requiring a variance — remove five trees to install an access road/driveway -- will not jeopardize the continued existence of endangered, threatened or sensitive species. viii. That the proposed activities will not cause significant degradation of ground water or surface water quality The proposed activities will have no effect on ground water, and they will not cause degradation of surface water quality. ix. The approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose SPU believes this is the minimum variance necessary. It allows a driveway to be built to the river edge. The driveway was sited to avoid removing even larger existing cottonwood trees. If SPU only removed the three trees in the direct path of the driveway and access road, the remaining two trees would be a hazard to workers, as the root zone would be severely damaged and leave the trees vulnerable to falling. x. The proposed variance is based on consideration of the best available science as described in WAS 365-195-905; or where the re is an absence of valid scientific information, the steps in RMC 4-9-250.F are followed. The proposed site was recommended in the Cedar River Sockeye Hatchery Project Final EIS, dated March 2003. The EIS was prepared by Seattle Public Utilities, R.W. Beek Inc, Adolfson Associates, Inc., and Tetra Tech/KCM, Inc. Scientist and fishery experts within these organizations assisted with preparation of the EIS. The proposed mitigation plan described in section v. was prepared by Tetra Tech/KCM, Inc. and the Watershed Company, and follows standard vegetation restoration practices. Sti Q J y CITY )F RENTON Denis Law. Mayor July 9, 2008 Charles Madden Seattle Public Utilities PO Box 34018 Seattle, WA 98124 Department of Community and Economic Development Alex Pietsch, Administrator SUBJECT: SPU Broodstock Facility, Cedar River Access Facility LUA08-018, SA-H, V-H, SM, CU-H "Off Hold" Notice Dear Mr. Madden: Thank you for submitting the additional materials requested in the "On -Hold" letter from the City. Your project has been taken off hold and the City will continue review of the SPU Broodstock Facility project. The SPU Broodstock Facility Project has been tentatively rescheduled to go before the Hearing Examiner on August 12, 2008 at 9:00 am. If you have any questions, please contact me at (425) 430-7314. Sincerely, L11buz-, Vanessa Dolbee Associate Planner cc: WSDOT 1 Owner(s) David Kwolek / Party(ies) of Record 1055 South Grady Way - Renton, Washington 98057 0 This papercontains 50 % recycled material, 30% post consumer RENTON AITF.AD OF THE CTIRVF Denis Law, Mayor June 5, 2008 Charles Madden Seattle Public Utilities PO Box 34018 Seattle, WA 98124 CITY lF RENTON Department of Community and Economic Development Alex Pietsch, Administrator SUBJECT: SPU Broodstock Facility LUA08-01.8, SA-H, V-H, SM "On Hold" Notice Dear Mr. Madden: The Planning Section of the City of Renton accepted the above master application for review on March 14, 2008. We have requested additional information in letters dated April 4`h and April 29th of 2008. At this time, the City has not received the requested information; as such, the following is a list of the additional information previously requested in order to continue our review of the subject application. The following information will need to be submitted so that we may continue the review of the above subject application: A Completed Conditional Use Permit application and the associated $1,000 application fee. 2. Please submit 4 copies of the updated plans in full size sheets and one copy of the PMI's. Including the following additional plan sheets: a. A site plan that represents the site appearance at project completion. b. A plan sheet that depicts the permanent and temporary construction proposed in the Cedar River, including details ,of proposed permanent construction in the riverbed. c. A plan sheet that indicates the proposed location of the temporary trailers. d. A plan sheet that indicates how refuse, recycling, and sewer would be addressed. 3. A determination from Washington State Recreation and Conservation Office (RCO) as to whether this project is a "Conversion" or not a "Conversion". 4. Please provide 4 copies of updated Justification for the requested variance that is consistent with the new submitted plans. 1055 South Grady Way - Renton, Washington 99057 0 Thispapercontains 50%recycledmateral,30%postconsumer RENTON AHHA❑ OF THE CURVE SPU Brookstock Facility-- "O Id" Notice LUA08-01 S; SA-H, V-H, SM Page 2 of 2 S. Please provide 4 copies of an updated project description that is consistent with the new submitted plans. 6. Please provide a photo simulation, addressing aesthetic. impacts of the project as viewed from the Renton Community Center patio/parr area, for the Public Hearing. .7. Please provide a completed management plan. 8. Written permission from Washington State Department of Transportation to apply for a Land Use application on their property. At this time, your project is still "on hold" pending receipt of the requested information. Please contact me at (425) 434-7314 if you have any questions. Sincerely, Vanessa Dolbee Associate Planner cc: WSDOT / Owner(s) David Kwolek / Party(ies) of Record City of on Department of Community & Economic D_ - , topment ENVIRONMENTAL B uEWE�OPMENT APPLICA'i"ION REVIEW SHEET r,n a REVIEWING DEPARTMENT: 5LL COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: MARCH 14, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Andrea Petzel PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Ameta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): NiA LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) NiA WORK ORDER NO: 77874 �r SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Irnpacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animafs Environmental Neaith Energy/ Natural Resources Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Nousin Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY -RELATED COMMENTS � •- r%i` %7_�,1 _k "•'mac' F. i,. , r': W lcr. �/ a < �% _ f� f � i.= .� �. !�)� / i'�.. F. _r! rfL,_J- 1�l ��J ;-('+ _...r_ a-.: 7�C ��iL..�YJ J�`>K_ r ... :'i,�r,. /<<.2.-,!' ¢ f7,v, ;•T�..T t�� C<,�Y., i.•r,.�, _, • iz l"r .. f•rrs. fr., j2,.�.c�1Ext :,'t�C t�� .. �. �. C. CODE-RELA TED COMMENTS J i• '.A"i__ 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 wh�_additional information is "ed to pr96Arly assess this proposal. ture of 3/IT/6 S Date CIT-17- OF RENTON Denis Law, Mayor April 29, 2008 Charles Madden Seattle Public Utilities PO Box 34018 Seattle, WA 98124 SUBJECT: SPU Broodstock facility LUA08-018, SA-H, V-H, SM "On Hold" Notice Dear Mr_ Madden: liepartment of Community and Economic Development Alex Pietsch, Administrator The Development Planning Section of the City of Renton accepted the above master application for review on March 14, 2008, During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted so that we may continue the review of the above subject application: 1. As requested in the application, a determinatioti of the "Unclassified Use of a Broodstock Facility" has been made. The 'Zoning Administrator has detertruned that a Broodstock Facility would be a Hearing Examiner Conditional Use in the Commercial Office Residential (COR) zone (enclosed is a copy of the determination). As such, please find enclosed the application for a Conditional Use permit. Please complete this application and submit with the $1,000 application fee. 2. A Geotechnical Study addressing the City's concerns about the tie -back in the area of the retaining wall (please provide 5 copies). 3, When plan revisions are complete please subrtait 12 copies of the updated plans in full size sheets and one copy of the PMT's. At this time, your project is still "on hold" pending receipt of the requested information. Please contact me at (425) 430-7314 if you have any questions. Sincerely, 1 6, a f it fi I Vanessa Dolbee Associate Planner Encl: Determination, D 115 CUP cc: WSDOT / Owner(s) David Kwolek / Party(ies) of Record 1055 South Grady Way - Renton, Washington. 98057 i ` 1 V V AHEAD of THE, CURVE �Ttiispaper oontains50°/arecyGedmaterial. 30%post consumer - CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT INTERPRETATION/POLICY DECISION MUNICIPAL CODE SECTIONS: Section 4-2-050.C.6 REFERENCE LUA08-018 SPU Broodstock Facility SUBJECT: Permissibility of a Broodstock facility in the Commercial Office Residential (COR) Zone. BACKGROUND: Seattle Public Utilities has requested a determination as to whether or not Broodstock facilities would be permitted in the COR zone. The COR zone does not specifically address Brcoc,stech: Fa��iiities Section 4-2-050 C 6 of the Renton Municipal Cooe (RIV1C) a; uy;v ' e Zoning Administrator to make determinations regarding the permissibility of uses not specifically listed in the zoning code --provided the use is "in keeping with the purpose and intent of the zone, and, similar in nature to a specifically listed Permitted, Secondary, Accessory or Conditional Use." Natural Resource Extraction/Recovery is listed as allowed per a Conditional Use in the COR zone. RMC Section 4-11-140 defines "Natural Resource Extract ion/Recovery+" as follows: "land used for timber harvesting consistent with the Forest Practices Act or silviculture, mineral extraction, or natural resource recovery such as mining reclamation or reforestation. This definition excludes Christmas tree farms, nurseries, and agriculture." JUSTIFICATION: A Broodstock facility is intended to facilitate in the recovery of a natural resource (salmon) by providing a mechanism to enhance the population of the fish. As such, a Broodstock facility seems most consistent with the use "Natural Resource Extraction/Recovery". Based upon this classification, Broodstock Facility should be listed as allowed in f` e COR zones subject to a Hearing Examiner Conditional Use permit Broodstock facilities should be subject to the same review prnr.rs am conditions listed for other Natural Resource Extraction/Recovery in the Zoning Use Table. DECISION: Broodstock Facilities are similar in character to the uses included under the definition of Natural Resource Extraction/Recovery and, therefore, should be allowed in the COR zone subject to a Hearing Examiner Conditional Use permit and also subject to any associated use table conditions. DIVISION HEAD / APPROVAL: �G DATE:-- APPEAL PROCESS: This determination will be final unless a written appeal of this administrative determination is filed with the City's Hearing Examiner w�Min 14 days of the date of this decision. See Section 4-8-1 1 of the Renton Municipal Code for further information on the appeal process a:D115 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: MARCH 14, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Andrea Petzel PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77874 PLEASE RETURN TO ANDREA PETZEL IN CURRENT PLANNING 6T" FLOOR SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003, A_ ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Anirnais Environmental Health Energyl Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Li ht'Glare Recreation Utilities Trams ortation Pubiic Services Historic/Cultural Preservation Airport Environment 10.000 Feet f4.000 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 a0ditionai information is needed to properly assess this proposal. �-a � ate Signature of Director or: Authorized Representative CITY OF RENTON MEMORANDUM DATE: April 18, 2008 TO: Vanessa Dolbee FROM: Arneta Henninger X7298 SUBJECT: SPIT SOCKEY BROODSTOCK COLLECTION FACILITY LUA 08-018 UNDER 405 BRIDGE I have reviewed the application for the development of sockeye broodstock collection facility immediately upstream of the I-405 bridge all located in Section 17, Twp. 23N, Rng. 5 E and have the following comments: Existing Conditions Water -- There are no water comments at this time. Sanitary Sewer -- There are no existing sanitary sewer mains in this area. Storm -- The site is the Cedar River. The site is located in Aquifer Protection Zone 1 and may be subject to additional requirements per City code. CODE REQUIREMENTS Street Improvements: • Street improvements will not be required_ • There are no Traffic Mitigation fees on this project. Storm Drainage: • This project needs to comply with the City of Renton flood hazard ordinance. The project needs to submit a design plan showing how the weir will pass debris, be cleaned and the removal process. • A Zero rise Flood -plain Hydraulic Analysis is required for the proposed improvements within the 100 year floodplain for the Cedar River. See City of Renton Flood Insurance Mapping study dated April 2006. Compensatory storage is required if the project proposes any fill in the flood plain. • Encroachment into the Floodway with fill is prohibited. • The project shall submit a drainage report. This report shall be in compliance with the 1990 King County Surface Water Drainage Manual and needs to include the standard TESC plan. • Use of low impact design standards for the road way (porous pavement) is encouraged. • The dredging project HPA must be modified to address the impacts caused by the construction of the broodstock collection facility prior to the installation of the weir. Water: • The City of Renton Fire Marshal did not have any comments on this project. • There are no water comments at this time. Sockeye Broodstock facility Applic; Sanitary Sewer: • There are no sewer requirements unless required by other agencies to connect to sewer. General: • All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. All plans shall be tied to a minimum of two of the City of Renton current Horizontal and Vertical Control Network. Permit application must include an itemized cost estimate for these improvements. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards. City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ,; ant COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: MARCH 14, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: A"dr&n-FetzV1 PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): NIA LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) N/A WORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon Broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restorationimitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land,'Shoreline Use Animals Ermronmentaf Health Eriergyl Naturaf Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS S Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation utifilies Transportation Public Services Historic/Cuhurat 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 probabfe impact or areas where additional infor tion is needed to properly ssess this proposal. Signature of Director or A thori d Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: MARCH 14, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Andrea Petzel PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): N/A LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restorationJmitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Wafer Plants LandlShoreline Use Animals Environmental HoolM Energy/ Natural Resources IVO 7_;eaFrJ c, 1417' r6&- 3 30 7/d-IV6 B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li ht/Giare Recreation Utilities Transportation Public Services Historic/Cull Ural Preservation Airport Environment 1 0. 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. Signature of Director or Authorized Representative Date PUBLIC WORKS DEPARTMENT +, I--M E M 4 R A N D U M DATE: April 10, 2008 TO: Vanessa Dolbee, Planner CC: Ron Straka, Surface Water Utility Engineering Supervisor Kayren Kittrick, Development Engineering Supervisor FROM: Steve Lee, Surface Water Utility Engineer SUBJECT: Surface Water Utility - Cedar River Broodstock Collection Facility Comment #1 Attached are Surface Water Utility's comments on the Cedar River Broodstock Collection Facility construction plans. 1. Slope of existing roadway is greater than 12% therefore emergency vehicles will have difficulty in accessing the site. This project must check with the Renton Fire Department to determine if access roadway slope is acceptable. 2. TIR is needed with assessment of existing and proposed impervious area, pervious area, runoff potential from the project site, vehicular traffic information, and other technical information for this project. I It appears that this project proposes to install more than 5,000 square feet of vehicular generating surface runoff. Flow control is not required since it is a direct discharge into the Cedar River. 4. Since this project site boundary is within the City's aquifer recharge zone, the project must comply with the requirements of the City's Water Utility for direct groundwater discharge. Please check with the Renton Water Utility Division on this requirement. If the project proposes to install more than 5,000 square feet of vehicular impervious area, then the City's storms water quality treatment requirements must be followed. Project is proposing to install a low impact development pervious concrete pavement_ Note that per the LID Technical Guidance Manual for the Puget Sound the maximum recommended slope for this type of structure is 6%. This project proposes to install this type of material for a 15% slope, which may cause serious stability problems depending on the type of traffic loading. In addition, emergency fire trucks will not be able to drive on this type of surface. Check with HLTile Sys1SWP - Surface Water ProjectslSWP 27- Surface Water Projects (Plan Review)%Cedar River Broodstock Facility%080410-1st Review Comments.doc\STI. Vanessa Dotbee Page 2 of 2 April 14, 2008 the Renton Fire Department on the stability and long-term access issue with the use of this type of material. 6. When proposing permeable concrete pavement, maintenance requirements are necessary to ensure maximum performance of permeable surface. These include inspection of accumulated fines in between the voids, vacuum sweeping of the permeable surface twice per year and one high pressure hosing once per year based upon the LID Design Guidelines. If these voids are not maintained over time, runoff will generate from the proposed surface and potentially cause erosion to occur. 7. Please attach the SEPA document for review of the ADT and other environmental impacts associated with the proposed usage. 8. Sheet 8 of 17 (C2 — Site Grading Plan): Provide small rock splash pad at discharge end of the 4-inch perforated wall pipe. Depending on the amount of groundwater on that hillside, a significant amount of runoff may occur from this location causing some erosion impacts to the Cedar River. HA' de Sys1SwP - Surface Water Projects'SWP 27- surface Water Projects (Place Review)\Cedar River Broodstock 1'acilitv1080410-[st Review Comments.doc'SIT Y CITY F RENTON ..iu _,,j benis Law, Mayor ,{.�_ April 4, 2008 Charles Madden Seattle Public Utilities PO Box. 34018 Seattle, WA 98124 Department of Community and Economic Development Alex Pietseb, Administrator SUBJECT: SPU Broodstock Facility LUA08-018, SA-H, V-H, SM "On. Holds' Notice Dear Mr. Madden: The Development Planning Section of the City of Renton. accepted the above master application for review on March 14, 2008. During our review, staff has detennined that additional infbr-nation is necessary in order to proceed further. The following information will need to be submitted so that we may continue the review of the above subject application: • A detennination from Washington State Recreation and. Conservation Office (RCO) as to whether this project is a "Conversion" or not a "Conversion", At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-7314 if you have any questions. Sincerely, Vanessa Doibee Associate Planner cc: WSDOT / Owner(s) David Kwolek / Party(ies) of Record 1055 South Grady Way Renton, Washington 98057 This paper contains 50% recycled material, 30%postconsumer RENTON AHEAD O.r TH.E CURVH K5 o „ COMMUNITY SERVICES DEPARTMENT ..0 �NV� M E M O R A N D U M DAT1::: March 28, 2008 TO: Jennifer Henning, Current Planning Manager, PBPW, Dev. SrvcS- Vanessa Dolbee, Associate Planner, PBPW, Development Srvcs. F1k0OIli Leslie Betlach, Parks Director SUBJECT: Project Title: SPU Broodstock Facility Application No. LUA08-018, SA-H, V-H, SM Thank you for the opportunity to review the above document package. Following are comments from the City's Parks Division: The City must first secure approval from the State Recreation and Conservation Office (R.C.O.) for use of or replacement of (conversion of'property) property for this project as required by the recorded "Deed of Right to Use Land for Recreational Purposes". The R.C.O. is the administrator of grant funds that were utiiized to acquire ht-operty proposed as part of this application. The approval may be accomplished as an :action by the Department Administrator or the Recreation and Conservation launding Board — to be determined. in an e-mail dated 3/21!2008 from the Resource and Conservation Office to the City of Renton Parks Division, the following reasons for a Conversion were stated. a) The work SPU will perform on site and the reason for and design by which the site will be developed is for the purposes of mitigation (implementation of the City of Seattle's HCP) which is a non -conforming (non-rccrcationisl) use of this RCM funded site. We recogni/e that use of the site is approxirnatcly 2 months/yr and "open to the public" the rest of the year. b) The installation of the facility SPU will develop does not have a clear recreational benefit to park users. Furthermore, the site and SPU operations (although intermittent) impact recreationatist through temporary closure of the region recreational trail when vehicles are accessing the site, and through converting an existing greenbelt area to a built environment. Based on our current information, the design and management of the SPU installation can not be considered to have a recreational use until you demonstrate that fact through design documents, and a management and marketing plan for the site as Such. C IDOCIJME,-1\stucker\LOCALS-1'�TemplBroodstock 2008-085mb (Memo-SPU Broodstock Fac LUA08-018) duc Memorandum to. Jennifer kenning and Vanessa Dolbee Subject: Project Title - SPU Broodstock Facility .Application No. l.l_'AI}M OM SA -It, V-H, SM Ntarch 28, 2008 Page 2 of 3 I. Missing Froin this application are drawings for Interpretive Panels. 3. Location of Interpretive Panels to be coordinated with parks and located preferably on the bridge over the river. 4, Trce protection zone to needs to extend out to the Drip Line o1'-1-rcc 161, all trcc". 5. Mitigation planting needs installed where any area of disturbance has occurred including the "weed free" zone noted on the plan set. 6. Sheet C-3, page 9, Tie Back Detail — Prefer to not use the existing Free Standing Wall/Slope Protection Wall on the north side of the river, (Renton Community Center side) for a Tie Back. 7. If a Tie Back is required at the location noted in item 6, 1hen the City needs to revic%� and approve the structural analvsis vcritvinL� tilt vv-,III on Rcillor Center side of 'river has sufficient strength.. etc. City needs to be assured that wall is not compromised do to use. S. No permanent gating or fencing of Access road or other areas. 9. Removable aluminum bollards to match existing on site, may be used to deter vehicles front driving down to the river while collection facility fs not in use. t0. Should fencing be required for safety reasons during Broodstock collection. then temporary fencing will be allowed. Temporary fencing may be installed at the beginning of the collection timeframe each year and then removed at the end of' coilection period (each year). 11. Bollards to match existing on site. 12. Sheet C-1, Sheet C-3, Installation of a Retaining Wall with Handrail deviates from previous discussions regarding environmental sensitivity. Recommend looking at alternatives. 13. Sheet C-5, tap into existing water main. Note that road to Narco site is utilized for parks maintenance crews and will need to remain open durinta construction. Also note that asphalt to be sawcut, removed and replaced to match existing asphalt in as ,lood as or better condition. 14. Sheet G-3, Cedar River Trail to be repaved to match existing trail asphalt - does not match proposed construction materials for new access road (sheets G-4, G-5). Remo vedireplaced trail section will need to be reinforced to accommodate additional loading due to collection. c, .(10CUMe-- l lstuckei',.local~--1`,.temp',braodstock 1-008-085mb (memo-spu bmoaistoek lac lua08-018).doc Memorandum to: Jennifer ..enning and Vanessa Dolbee Subject: Project "Title - SPU Broodstoek Facility Application No. LUA08-018, SA-H, V-H, SM March 2& 2008 Page 3 of 3 15, Sheet GA Sheet G-5. reflects a Stabilized Construction Entrance!AcceSS Road 'A ith 6--�"Cluari'y shall,. Sleet C'--', Sheet C-3 indicates :Ac�:c,-, Road N� ith l�tria �t)hi� concrete pavement. Clarify design 1.0, Sheet E-1, all electrical to be located underground (except electrical panel). 17. The Cedar River Trail is a regional facility, detour routes will need to be posted and a paved detour available during construction timeframe. Restore temporary detour route to previous or better condition once construction is complete. Cc: Terry Higashiyama, Community Services Administrator c:\documt--I stucker�,locals--1 ltcmp`,.broadstock 2008-085rnb (memo-spu broodstock fau Iua()8-()Itil.doc City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018. SA-H, V-H, SM DATE CIRCULATED: MARCH 14, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Andrea Petzel PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): NIA LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing, The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Piants Land/Shoreline Use Animafs Envirownental Health Energy/ Natural Resources p��ca.C� •G .o � � Pa�-ra,Q _re9.d_ B.' POLICY-RELA�,TEDD i 0 / r C. CODE -RELATED COMMENTS I?C) ;,,& at C& ? ►-f:;4 We have reviewed this application with areas where additional information is ns �v}�7jiTeG?� �o, Gir a,3 an Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary HOusin Aesthetics Li ht/Giare Recreation Utditios Transportation Public Services NiStOriClCuft uraf Preservation Airport Environment 10,000 Feet 14,000 Feet 9777 7AC S �CIF�T�5�,►J74i1��i�'l��lKlctf7b'71 rCOr�V`Gvsrli ��r,7 &, y_j7,Z Z �o eK k PWowl At Z P &N& Q� 7.z � � 17a,` lY?GlO 7 LdYj Ge +-11'e G7N oGG�1^��a :5 lak aF- Zt•o-eb--acAtjo 1A 5" /0/ AX-, OV -& -1h e fc� tic do I n �. dccc� �aad to �gir.5 f71�'i6 a�1 �. l ha7- eas or of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: �` COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: MARCH 14, 2o08 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Andrea Petzel MAR 14 PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): NIA V. LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) N A-- -- WORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS � 1,2A­12- / ✓ Q-rt_. C /l d _-e Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transporfation Public Services Historic/Cultural Preservation Airport Pnvironmenl 10,000 Feet i4,000 =eet 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. b-, v dale D Signature of Director or Authorized Representative �jat+�hl�� �1 i/Y.SIl3� 4--3 — 3- 1 7— d OR �. _ M'S€u'�•'i, tip' -� My �G�n,+ et L -e-V ,c-- I City of k on Department of Community & Economic D . opment ENVIRONMENTAL 8,DL,U� OPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 5u COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: MARCH 14. 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Andrea Petzel PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA (gross): NIA LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) NIA IWORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing hxaminer Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use" The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information !Necessary Earth Air Wafer Plants Land'Shoreline Use Animals Environmental Health Energy/ Natural Rosoui ces Element of the Environment Probable Minor Impacts Probable Major Impacts More Information !Necessary Housin Aesthetics Li htl0are Recreation Utilities Transportation Public Services Histonc/Cultural Preservation Airport Environment 10,000 Feel 14, 000 Feet B. POLICY -RELATED COMMENTS 4 r tt cX' Art-dr c i�Y"uc Z.'�� 7- �[� cz ✓r_"�P 6f"t `2�C'}-. %LL �YC���..� Wr I /�2.r�uCx `�'� %iu.7o �c� JDf ��: -i 47, % �� C. CODE-RELA TED COMMENTS X' Uj r jJnr./.z/F� �r"!i.:.7/r �,�', •�-Y�"yt-� e`�/ t+ �;F.r <.,/ /f�'r-'!r_. �l✓l L fFi'I r_E��s :� rl% i �'-:i /% We have reviewed this application with particular att ntion to those areas in which we have expertise and have identified areas of probable impact or areas wh_�W_additional information is r)eej'ed to pr96, rly assess this proposal. of Diredtorpr' )horized Represen 3/��1.. Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: w COMMENTS DUE: MARCH 28, 2008 APPLICATION NO: LUA08-018, SA-H, V-H, SM DATE CIRCULATED: MARCH 14, 2008 APPLICANT: Charles Madden, Seattle Public Utilities PLANNER: Andrea Petzel PROJECT TITLE: SPU Broodstock Facility PLAN REVIEWER: Arneta Henninger SITE AREA: 11,450 square feet EXISTING BLDG AREA(gross: NIA LOCATION: South bank of Cedar River at 1-405 bride PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 77874 SUMMARY OF PROPOSAL: Application by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Variance and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The site will be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable "fence" spanning the width of the river, salmon collection traps and crane. The facility would be located (approximately) at river mile 6.5, upstream of the 1-405 crossing. The collection site would require building an access road, loading area and driveway within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removing 10 trees in a critical area (stream buffer), for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS compiled in March 2003. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information !Necessary Eatih Air Water Plants Land/Shoreline Use Animals Environmental Neagh Energy/ Natural Resources S. POLICY -RELATED COMMENTS iv C. CODE-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Housing_ aesthetics Li 1WGlare Recreation utilities Transportation Publiu Scrvlces Nistcric/Culturai 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 w re additional infor Lion is eded to properly assess this proposal. gnature of Dire&r or Authorized Representa ive Date 04 CITY OF RENTON DCED DIVISION - CURRENT PLANNING DEPARTMENT AFFIDAVIT OF SERVICE BY MAILING On the 141h day of March, 2008, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to: Name Representing WSDOT Owner Charles Madden, Seattle Public Utilities Applicant/Contact Surrounding Property Owners See Attached (Signature of Sender) STATE OF WASHINGTON } " SS COUNTY OF KING ) I certify that i know or have satisfactory evidence that Stacy 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: Dated: 3 I t \ Notary (Print): My appointment expires Project Name: SPU Broodstock Facility Project Number: L.UA08-018, SA-H, V-H, SM 000720018704 ALLRED MYRLE & SU7ANNE 62 MISSION LN POLSON MT 59860 000720006105 STATE OF WASHINGTON 26620 68TH AVE S KENT WA 98032 172305902600 ANMARCO 9123 10TH AVE S SEATTLE WA 98108 172303917905 STATE OF WASHINGTON DEPT OF TRANSP R E SERVICE PO BOX 47338 OLYMPIA WA 98504 722140046508 HOLT DANIEL J+SUSANNA R 310 RENTON AVE S RENTON WA 98055 1j, NIING City of Renton I v CITTY of RENTo j LAND USE PERMIT MAR - 3 2008 MASTER APPLICATION R CEIVED PROPERTY OWNER(S) NAME: State of Washington, Dept of Transp ADDRESS: 15700 Dayton Ave N CITY: Shoreline ZIP: 98133 TELEPHONE NUMBER: (206) 440-4000 APPLICANT (if other than owner) NAME: COMPANY (if applicable): Seattle Public Utilities ADDRESS: P.O. Box 34018 CITY: Seattle ZIP: 98124 TELEPHONE NUMBER (206) 684-5977 CONTACT PERSON NAME: Charles Madden COMPANY (if applicable): Seattle Public Utilities ADDRESS- P.Q. Box 34018 CITY: Seattle ZIP. 98124 TELEPHONE NUMBER AND E-MAIL ADDRESS: (206) 684-5977 charlie.madden@seattle.gov PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Cedar River Sockeye Hatchery PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: South bank of Cedar River at 1-405 bridge and immediately upstream of the bridge KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 172305917905 EXISTING LAND USE(S): Park PROPOSED LAND USE(S): Park / Undetermined EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: COR 1 Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NIA EXISTING ZONING: COR! RC PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 11,450 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: N/A SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NIA NUMBER OF PROPOSED LOTS (if applicable): N/A NUMBER OF NEW DWELLING UNITS (if applicable)- NIA Q:weblpwldcVScrvlfornjs/planninglmastcrapp.dcc 1 03/,03/08 PRO, :T INFORMA' I IUN (continue j NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RFSIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA PROJECT VALUE $175,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft_ LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE SW QUARTER OF SECTION 17, TOWNSHIP 23, RANGE 05, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Site Plan Review 3. Variance 2. Shoreline Substantial Development 4. Staff will calculate applicable fees and postage. $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) , 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 1 certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument (Signature of Owner/Representative) (Signature of Own erlRepresentative) Notary Public in and for the State of Washington Notary (Print) My appointment expires: Q.web(pwldevscrv'forms planninglmasterapp.doc 2 03/03/09 Full Legal Description: That portion of the former Burlington Northern Railroad Company right -of --way (also known as the Pacific Coast Railroad right-of-way and the Columbia and Puget Sound Railway right-of-way), being of variable widths on each side of said Railroad Company's main track centerline, as located April 21, 1995, upon, over and across Government Lot 5 and the Henry H. Tobin Donation Land Claim Number 37, all in Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) LN 255+03.47 on the LN Line Survey of SR 405, Renton "S" Curves, and 202.28 feet northwesterly therefrom (said point equals HES RR 654+64.65 on the RR Line Survey of said Highway and 36.54 feet southeasterly herefrom); thence northeasterly to a point opposite HES RR 656+42 on said RR Line Survey and 40 feet southeasterly therefrom; thence northeasterly along the are of a 714.86-foot radius curve to the right, a distance of 192.83 feet; thence southeasterly along the arc of a 2,058.66-foot radius curve to the right, a distance of 197.61 feet; thence southeasterly along the arc of a 1,469.95-foot radius curve to the right, a distance of 204.58 feet to IIES RR 662+57.99 on said RR Line Survey and 40.58 feet southwesterly therefrom; thence southerly to a point opposite HES RR. 662+66.35 on said RR Line Survey and 65.39 feet southwesterly therefrom; thence southeasterly along the are of a 1,444.95-foot radius curve to the right, a distance of 397.38 feet to a point opposite TIES RR 666+79.59 on said RR Line Survey and 50 feet southwesterly therefrom; thence southeasterly, parallel with said RR Line Survey, to a point opposite HES RR 689+31 thereon; thence northeasterly to a point opposite said HES and 50 feet northeasterly therefrom; thence northwesterly, parallel with said RR Line Survey, to a point opposite HES RR 666+79.59 thereon; thence northwesterly along the are of a 1,54495-foot radius curve to the left, a distance of 647.74 feet; thence northwesterly along the arc of a 2,133.66-foot radius curve to the left; a distance of 204.81 feet; thence northwesterly along the arc of a 789.86-foot radius curve to the left, a distance of 119.35 feet to a point opposite HES LN 257+65.09 on said I_.N Line Survey and 1.21.04 feet northwesterly therefrom (said point equals HES RR 657 t 29.45 on said RR Line Survey and 38.41 feet northwesterly therefrom); thence westerly to a point opposite HES LN 257-39.5 on said LN Line Survey and 143.5 feet northwesterly therefrom (said point equals HF.S RR 656+97.5 on said RR Line Survey and 42.94 feet northerly therefrom)-, thence southwesterly to a point opposite HES LN 256-58.51 on said LN Line Survey and 164.18 feet northwesterly therefrom (said point equals HES RR 656121.55 on said RR Line Survey and 8.73 feet northerly therefrorn); thence southwesterly to a point opposite HES LN 256-33.01 on said LN Line Survey and 170.74 feet northwesterly therefrom; thence southwesterly to a point opposite HF.S RR 655-16.82 on said RR fine Survey and 23.37 feet southeasterly therefrom (said point equals HES I,N 255+5439 on said LN Line Survey and 19095 feet northwesterly therefrom); thence southwesterly along the arc of a l ,005-foot radius curve to the left, a distance of 52.20 feet to the point of heOnning; EXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 (Primary State llighway No. I ) as described in Deed recorded under Recording Numher 910401 0275; AND EXCEPT that portion thereof lying easterly of the cast line of the southwest quarter of said section 17. Order No. 6421.67 A.L.T-A- COMMITMENT SCHEDULE A Page 3 The land referred to in this commitment is situated in the State of Washington, and described as follows; That portion of Government Lot 5, Section 1.7, Township 23 North, Range 5 East, W.M., in King County, Washington, lying north of the former Burlington Railroad Company right-of-way (also known as the Columbia and Puget Sound Railway right-of-way and the Pacific Coast Railroad right-of-way); EXCEPT that portion thereof lying north of that certain boundary line established by Paragraph 10 of Decree entered February 6, 1911 in King county Superior Court. Cause No. 50072, said line, running through the southwest quarter of said Section 17, being described as follouis Commencing at a point on the east line of the southwest quarter of said Section 17, from which point the stone monument at the center of said Section 17 bears north 1.4911011 west 622.61 feet; thence north 54'45' west 55 feet; thence north 60°15' west 270 feet; LhuurGe ;forth 61630' west 270 feet; thence north 78'15' west 40 feet; thence north 73°3U' west 230 €cct; thence Dorth 69°00144" Nest 225.86 feet to a point on the easterl-y line of the right -of --way of tho- Columbia and Puget Sound Railway (Newcastle Branch), from which point the stone monument aL the center of said Section 17 bears north 79050120/1 east 5S2.79 feet, said point also beinq the terminus of line ciesc:r.ipti.ou; EXCEPT that portion thereut lving nurthwesLerly of t[Le southeasterly margdn of SR 405 (Primary State Highwav No. 1) as described in Deed recorded under Recording Nurrber 9104010275, ENO OF SCHFDLE,E ; [COTE POR INPCR2IATICNAi1 PTJRP0gVq CINLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a comnAete laea: c�escrip4i.on i tni n rho 1:jocly n` tY e 0.0r_ument - Ptn. CL 5, Sec. 17-23-5 Government Lot 5, Section 17-23-5 0j. WM Co U 19t '4p Cq-D p `4 $025 owl A 32 N PAcmicMffrHwi�rTITLF- Order arc) . 642167 Company Inc- TMPO-RTAI;T:. This is not a Plat of Survey- it is furnished as a convenience to locate the land inciicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. tr �P �escr Oon Z Order No. 6421 A-L_T.A. COMMITMENT SCHEDULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: That portion of the farmer Burlington Northern Railroad Company right-of-way (also known as the Pacific Coast Railroad right-of-way and the Columbia and Puget Sound Railway right-of-way), being of variable widths on each side of said Railroad Company's main track centerline, as located April 21, 1995, upon, over and across Government Lot 5 and the Henry H_ Tobin Donation Land Claim Numher 37, all in Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) LN 255+03.47 on the LN Line Survey of SR 405, Renton 'IS" Curves, and 202.28 feet northwesterly therefrom (said point equals HES RR 654+64.65 on the RR Line Survey of said Highway and 36.54 feet southeasterly therefrom); thence northeasterly to a point opposite HES RR 656+42 on said RR Line Survey and 40 feet southeasterly therefrom; thence northeasterly along the arc of a 714.86-foot radius curve to the right, a distance of 192.63 feet; thence southeasterly along the arc of a 2,058.66-foot radius curve to the night, a distance of 197.61 feet; thence southeasterly along the arc of a 1,469.95-foot radius curve to the right, a distance of 204.58 feet to HES RR 662+57.99 on said RR Line Survey and 40.58 feet southwesterly therefrom; thence southerly to a point opposite HES RR 662166.35 on said RR pine Survey and 65.39 feet southwesterly therefrom; thence southeasterly along the arc of a 1,444.95-foot radius curve to the right, a distance of 397.38 feet to a point opposite HES RZ 666+79.59 an said PR Line Survey and 50 feet southwesterly therefrom; thence southeasterly, parallel with said RR Line Surrey, to a point apposite HES RR 689+31 thereon; thence northeasterly to a point opposite said HES and SO feet northeasterly therefrom; thence northwesterly, parallel with said RR Line Survey, to a point opposite HES RR 666+79.59 thereon; thence northwesterly along the arc of a 1,544.95-fact radius curve to the left, a distance of 647.74 feet; thence northwesterly along the arc of a 2,133.66-foot radius curve to the left, a distance of 204.91 feel:; thence northwesterly along the arcs of a 789.86-foot radius C:)rve tc> the left, a distance of 119.35 feet to a point opposite HES LN 257+65.09 on said LN Line Survey and 12l.04 feet northwesterly therefrom (said point equals HES RR 657F29.45 on said RR Line Survey and 38.41 feet northwesterly therefrom) {continued) Order No. 642166 A_L_T_A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: thence westerly to a point opposite HES LN 257+39.5 on said LN Line Survey and 143.5 feet northwesterly therefrom (said point equals HES RR 656+97.5 on said RR Line Survey and 42.94 feet northerly therefrom); thence southwesterly to a point opposite HES LN 256+58.51 on said LN Line Survey and 164.18 feet northwesterly therefrom (said point equals HES RR 656+21.55 on said RR Line Survey and 8.73 feet northerly therefrom) ; thence southwesterly to a point opposite HES LN 256+33.01 on said LN Line Survey and 170.74 feet northwesterly therefrom; thence southwesterly to a point opposite HES RR 655+16.82 on said RR Line Survey and 23.37 feet southeasterly therefrom (said point equals HES LN 255+54.39 on said LN Line Survey and 190_95 feet northwesterly therefrom); thence southwesterly along the arc of a 1,005-foot radius curve to the left, a distance of 52.20 feet to the point of beginning; EXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 (Primary State Highway No. 1) as described in Deed recorded under Recording Number 9104010275; AND EXCEPT that portion thereof lying easterly of the east line of the soutnwesr_ quarter of said section 27. END OF SCHEDULE A NOTE FOR INFORMATIONAL P17RPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCw 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Ptn. OL 5 and H,H. Tobin Donation Land Claim No. 37 Government Lot 5, H.H. Tobin Donation Claim.#37, Sec. 17-23-5 / F , N PACIFIC NORTHWEST TITLE Order No. 642166 Cornpany. of WMbington, inc. IMPORTANT; This is not a Plat of Survey. It is furnished as a convenience to ]ovate the land indicated hereon with reference to streets and other land. No Liability is assumed by reason of reliance hereon. City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: City of Renton ADDRESS: 1055 S Grady Way CITY: Renton ZIP: 98055 TELEPHONE NUMBER: (425) 430-6400 APPLICANT (if other than owner) NAME: COMPANY (if applicable): Seattle Public Utilities ADDRESS: P.O. Box 34018 CITY: Seattle ZIP: 98124 TELEPHONE NUMBER (206) 684-5977 CONTACT PERSON NAME: Charles Madden COMPANY (if applicable): Seattle Public Utilities ADDRESS: P.O. BOX 34018 CITY: Seattle ZIP: 98124 TELEPHONE NUMBER AND E-MAIL ADDRESS: (206) 684-5977 charlie.madden@seattle.gou PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Cedar River Sockeye Hatchery PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE: South bank of Cedar River at 1-405 bridge and immediately upstream of the bridge KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 172305901404 EXISTING LAND USE(S): Park PROPOSED LAND USE(S): Park I Undetermined EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: COR / Residential Low Density PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A EXISTING ZONING: COR I RC PROPOSED ZONING (if applicable): NIA SITE AREA (in square feet): 11,450 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): N/A NUMBER OF PROPOSED LOTS (if applicable): NIA NUMBER OF NEW DWELLING UNITS (if applicable): N/A Q web/pw/devservl%rms/planning/masterapp.doc 1 02/27/09 PR( :CT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA ION contln I PROJECT VALUE: $175,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO X FLOOD HAZARD AREA !!!: Ob sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE SW QUARTER OF SECTION 17, TOWNSHIP 23, RANGE 05, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Site Plan Review 3. Variance 2. Substantial Shoreline Development 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Namels) , 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. I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. (Signature of OwnerlRepresentative) (Signature of Owner/Representative) Notary Public in and for the State of Washington Notary My appointment expires: Q:wcb/pw/devserv!forms/planning/masterapp.doc 2 02/27/08 1. Full Legal Description: That portion of Government Lot 5, Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, lying north of the former Burlington Railroad Company right-of-way (also known as the Columbia and Puget Sound Railway right-of-way and the Pacific Coast Railroad right-of-way); EXCEPT that portion thereof lying north of that certain boundary line established by Paragraph 10 of Decree entered February 6, 1913 in King County Superior Court Case No. 90072, said line, running through the southwest quarter of said Section 17, being described as follows: Commencing at a point on the east line of the southwest quarter of said Section 17, from which point the stone monument at the center of said Section 17 bears north 1'49' 10" west 622.61 feet; thence north 54°45' west 55 feet; thence north 60'15' west 270 feet; thence north 61 °30" west 270 feet; thence north 78°15' west40 feet; thence north 73°30' west 230 feet; thence north 69°00'40" west 225.86 feet to a point on the easterly line of the right-of-way of the Columbia and Puget Sound Railway (Newcastle Branch), from which point the stone monument at the center of said Section 17 bears north 79°50'20" east 982.79 Feet, said point also being the terminus of line description; EXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 (Primary State Highway No. 1) as described in Deed recorded under Recording Number 9104010275. Pre -application meeting for the SPU SOCKEYE BROODSTOCK FACILITY aEV (,'TOY O 1�O[ II�G LIAR - 3 2008 PRE06-134 RECEIVED City of Renton Development Services Division November 16, 2006 Contact information Planner: Andrea Petzel, (425) 430-7289 Public Works Plan Reviewer: Arneta Henniger, (425) 430-7298 Fire Prevention Reviewer: James Gray (425) 430-7023 Building Department Reviewer: Craig Burnell, (425) 430-7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects and contractors who work on the project, Pre-screening: When you have the project ready for submittal, have it pre-screened before making all of the required copies. The pre -application meeting is informal and non -binding. The comments provided on the proposal! are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are amended at times, and the proposal will be formally reviewed under the regulations in effect at the time of formal project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Zoning Administrator, Public Works Administrator, and City Council). MEMORANDU U 1 i NOV,.6 f HE o°P: qlEN,Nr DATE: J TO: Construction Services, , Ecorwmic Development, Plan Review,.Project Planner FROM: Neff Watts, Development Services Division Director SUBJECT: New Preliminary Application: LOCATION: _ OAS �r - L1>, 1 � h fy1 z PREAPP NO. �% `(� (V A meeting with the applicant has been scheduled for , Thursday, � 6 ZLUi — C-6 in one of the fig' floor conference rooms. It this meeting is scheduled at 10:00 AM, the MEE77NG MUST BE GONGLUDED PPJOR TO 1 1:00 AM to allow time to pteparefor the 11:00 AM meeting. Please review the attached project plans prior to the scheduled meefing with the applicant. You will not teed to do a thorough "permit level' review at this tine. Note only major issues that must be resolved prior to foetal land use and/or building permit application submittal. Plan Reviewer assigned is H_�Division,s\Dcvelop.serlDev & P1aa_i10TemplatelPreap1)2 Revised 1-05 CITY OF RENTON MEMORANDUM DATE: November 15, 2006 TO: Andrea Petzel FROM: Arneta Henninger X7298 SUBJECT: SPU SOCKEY BROODSTOCK COLLECTION FACILITY PREPPLICATION PRE 06-134 UNDER 405 BRIDGE I have reviewed the application for the development of sockeye broodstock collection facility immediately upstream of the I-405 bridge all located in Section 17, Twp. 23N, Rng. 5 E and have the following comments: Existing Conditions Water —There are no water comments at this time. Sanitary Sewer -- There are no existing sanitary sewer mains in this area. Storm -- The site is the Cedar River_ The site is located in Aquifer Protection Zone l and may be subject to additional requirements per City code. CODE REQUIREMENTS Street Improvements: + Street improvements will not be required. • Traffic Mitigation fees may apply to this project. Storm Drainage -- This project needs to comply with the City of Renton flood hazard ordinance. The project needs to submit a design plan showing how the weir will pass debris, be cleaned and the removal process. • A Zero rise Floodplain hydraulic Analysis is required for the proposed improvements within the 100 year tloodplain for the Cedar River_ See City of Renton Flood Insurance Mapping study dated April 2006. Compensatory storage is required if the project proposes any fill in the flood plain. 0 Encroachment into the Floodway with fill is prohibited. Sockeye Broodstock facility PreAppiication • The project shall submit a drainage report. This report shall be in compliance with the 1990 King County Surface Water Drainage Manual and needs to include the standard TESC plan. • Use of low impact design standards for the road way (porous pavement) is encouraged. • The dredging project HPA must be modified to address the impacts caused by the construction of the broodstock collection facility prior to the installation of the weir. Water: • The City of Renton Fire Marshal did not have any comments on this project_ • There are no water comments at this time. Sanitary Sewer: • There are no sewer requirements unless required by other agencies to connect to sewer- General - All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. • All plans shall be tied to a minimum of two of the City of Renton current Horizontal and Vertical Control Network. Permit application must include are itemized cost estimate for these improvements_ The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over S200,000. Half of the fee must be paid upon application for building and Construction permits, and the remainder when the permits are issued. There may be additional fees for water service related expenses. See Drafting Standards_ CITY OF RENTON Planning/Building/Public Works MEMORANDUM DATE: November 16, 2006 TO: Pre -Application File No. LUA06-134 FROM: Andrea Petzel, Assistant Planner (425) 430-7289 SUBJECT: SPU Sockeye Broodstock Facility 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, 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_ Project Proposal: Seattle Public Utilities (SPU) is proposing a new sockeye Broodstock collection facility along the Cedar River, under the I-405 Bridge at river mile 1.7. The project would be located on both the north and south banks of the river, and includes construction of a picket structure spanning the width of the Cedar River, two collection traps, a paved access road and loading area, and an information kiosk_ The collection site would operate seasonally for 90 days between August - November. There is the potential for an on -site caretaker during the months of operation_ The structure spanning the river will consist of pickets and spacers made of plastic and built in panels that are 2'x20'_ They will be secured to the river bottom by a flat metal base. Two traps approximately 6'x8' would be used to intercept the salmon. A safety cable spanning the river would be suspended high enough so as not to interfere with boaters. On the south bank of the river an access road and loading area would be developed as part of the project as well. The access road would connect Narco Road to the loading area, crossing the pedestrian trail. An information kiosk with lighting would be located on the north bank of the river. Preliminary drawings indicate an approximate 10'-12' wide road, roughly 100' in length_ Reinforcement of the road along slopes and the riverbank would be necessary. Use Designation/ Zoning Requirements: The defined use for this project is aquaculture. The subject property is located on both the north and the south banks of the Cedar River within the Commercial/Office/Retail (COR) zone. The property is owned by the City of Renton and is part of the Cedar River Trail system. Theproject abuts the Resource Conservation (RC) zone on the south side of the river. Access/Parking: Access to the proposed project site would be via a new road extending from Narco Road, across the pedestrian trial to the water edge, and would include a paved parking/loading area. The applicant estimates 140 trips to and from the site, spread out over a 90-day period. The maximum frequency would be 4 trips per day and hauling operations would occur during daylight hours. SPU Broodstock Facility Pre-Applic Meeting November 16, 2006 Page 2 of 4 Critical Areas: The project is located on the Cedar River, a Shoreline of the State. Pending review of the determination from the Environmental Impact Statement (EIS), the project may require an additional stream study to assess potential impacts to the river. If the site contains wetlands, a study and delineation would also be required. A wetlands study would need to be completed in conjunction with the stream study, and the applicant would need to address how the project would comply with the wetlands regulations. A critical areas exemption in order to site the project in or near wetlands may be possible. The site is also located in a Flood Hazard Area and an Aquifer Protection Zone (Zone 1). City maps also indicate the presence of sensitive (15%-40%) and protected (greater than 40%) slopes on the project site. If the project is located in a protected slope it may be possible for the applicant to attain a critical areas exemption. A geotechnical report will be required to ascertain if the slope meets the definition of protected slope, and to delineate the protected portion of the slope: "A hillside, or portion thereof, with an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater grade and having a minimum vertical rise of fifteen feet (15 feet)." (RMC 4-11-140) Significant Tree Retention: A tree inventory and a tree retention plan shall be provided with the formal land use application_ The tree retention plan must show preservation of at least 25% of significant trees [those with a minimum diameter of 8" (evergreen) or 12" (deciduous) when measured four feet above grade], and indicate how proposed building footprints will be sited to accommodate preservation of significant trees that will be retained. The following species are exempted from the retention requirements outside of critical areas: • All Populus species including cottonwood (Populus trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus nigra "Italica"), etc_ • All Alnus species including red alder (Alnus oregona), black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc. • Salix species which includes weeping willow (Salix babylonica), etc., unless along a stream bank and away from paved areas. • All Platanus species including London plane tree (Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis), etc. PERMIT REQUIREMENTS: Temporary Use Permit: This defined use (aquaculture) is not outright allowed in the COR zone and therefore requires a Temporary Use Permit. The City of Renton will issue a Temporary Use Permit for one year, with a one-year extension. After the first two years, the applicant would be required to reapply for a temporary use permit. A copy of the submittal requirements for this permit is enclosed for your review. Environmental Review: Under SEPA this project requires environmental review. An FIS was undertaken by the applicant, which satisfies the City condition for environmental review, but has not been reviewed by City staff prior to this preapplication meeting. The applicant is advised to also contact the Larry Fisher at the State Department of Fish and Wildlife to attain the necessary state permits. 06-134 SPU Sockeye Broodstock Facility SPU Broodstock Facility Pre-Ap ion Meeting November 16, 2006 Page 3 of 4 Site Plan Review Hearing Exam_ineBecause the project is located in the COR zone, the project must undergo Site Plan Review. Because the project is located on a commercial property abutting an RC zone, a public hearing will be required (RMC 4-9-2OOD2c). Renton Municipal Code (RMC) 4-9- 200BA2 states: "The purpose of the Site Plan process is the detailed arrangement of project elements so as to be compatible with the physical characteristics of a site and the surrounding area. An additional purposed of Site Plan Review is to ensure quality development consistent with City goals and polices... Site Plan Review should occur at an early stage in the development of a project, when the scale, intensity and layout of the project are known." A copy of the submittal requirements for this permit is enclosed for your review. Under RMC 4-9- 20OC1, the general criteria for Site Plan Review includes: a. Conformance with the Comprehensive Plan, its elements, goals, objectives, and policies. In determining compliance with the Comprehensive Plan, conformance to the objectives and policies of the specific land use designation shall be given consideration over city-wide objectives and policies; b. Conformance with existing land use regulations; c. Mitigation of impacts to surrounding properties and uses; d. Mitigation of impacts of the proposed site plan to the site; e. Conservation of areawide property values; f Safety and efficiency of vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Mitigation of noise, odors and other harmful or unhealthy conditions; i. Availability of public services and facilities to accommodate the proposed use; and j. Prevention of neighborhood deterioration and blight. Required landscaping and possible equipment screening will be addressed through the Site Plan Review process. Building, grading, sign and electrical permits will also be addressed through the Site Plan Review process. Shoreline Substantial Development Permit: The proposed project takes place along the Cedar River, a Shoreline of the State. Aquaculture as a use is outright allowed, however the project does not qualify for an exemption and will require a Shoreline Substantial Development Permit. Requirements for mitigating shoreline impacts will be addressed during this process. A copy of the submittal requirements for this permit is enclosed for your review. Consistency with the Comprehensive Plan: The existing development is located on City of Renton property within the Commercial/Office/Residential Comprehensive Plan Land Use designation. The following proposed policies are applicable to the proposal: Land Use Element Policy CD -I. -Integrated development into natural areas by clustering development and/or adjusting site plans to preserve wetlands, steep slopes, and notable stands of trees or other vegetation. Natural features should function as site amenities. Use incentives such, as flexible lot size and configuration to encourage preservation and add amenity value. Environmental Element Policy EN-6: Develop land use regulations which establish and enhance setbacks along all waterways and intermittent stream courses. The purpose of the setbacks would be to retain an enhancement of the natural vegetation for infiltration, maintenance of wildlife habitat and normal water temperatures, filtration, and the retardation of run-off and erosion. 06-134 SPU Sockeye Rroorlstuck Facility SPU Broodstock Facility Pre-Applie Meeting November 16, 2006 Page 4 of 4 Policy EN-58: Designate setbacks around environmentally sensitive areas to protect both the areas and the risers. Policy EN-62: The final identification of environmentally sensitive or critical areas, hazardous sites or portions of sites should be established during the review of project proposals_ Land Use Element Policy LU-421: Commercial/Office/Residential master plans should be guided by design criteria specific to the location, context, and scale of the designated COR. COR Design Guidelines should fully integrate signage, building height, bulk, setbacks, landscaping and parking considerations for the various components of each proposed project within the COR development. Parks, Recreation, Open Space, and Trails Element Policy P-6: Maintain and develop underdeveloped public rights -of -way for public access and passive recreation where appropriate. Policy P-55: Where feasible, encourage educational opportunities in public open space areas. Policy P-56: Structures should be minimized within public open space areas. Policy P-60: Increase public awareness of, and appreciation for, specific natural features through education and interpretive programs. P-80: Ensure development adjacent to trails is designed to minimize impacts to and enhance trails. Fees: The applicant would be required to pay full price for the highest value permit first, and half for the second. The applicant did not provide an estimated project value, so all permit fees are listed below. In addition, a handout listing all of the City's Development related fees in attached for your review. I Iearing Examiner Site Plan Approval - $2,000.00 Shoreline Substantial Development Permit - Under $100,000 Value - $500.00 - Greater than $1400,000 Value - $1,000.00 tc�c.3� pQD Temporary Use Permit - $100 cc: Jennifer Henning 06-134 SYtI Sockeye Broodsteck Facility DEVELOPMENT SERVICES DIVISION WAIVE.. OF SUBMITTAL REQUIR..AENTS FOR LAND USE APPLICATIONS ....... ... ....... .......... ......... lay . .. .... ...... OWN'.— .. .. .. Calculations .... ..... .... .. ............ . .. .... ........ j .. .. ....... .. .. ..... .. .. .. . ... X.. X-1 Construction Mitigation Description 2 AND 4 .. . .. ..... .. . ....... .. a ..... .. ... ....... .. . .... ..... ............ - ............. ... Density Worksheet 4 .......... ..... ........ .... .... .. ...... ..... . .. .. . ....... ... . ......... .... .. Drainage Report 2 'Z. Floo"t(q 9,7-5 A AA X�X .............. ...... ....... . ........... ... . .... ... . ....... ... ... ....... .. ....... Environmental Checklist 4 ...... ...... ........ . ........ ............. . . ; ... ..... ................ . . - ..... .. ....... . ....... .... ...... ..... .. . .... .... .. ... ........ ... X ...... .. .. Existing Easements (Recorded COPY) 4 Fi. ......... .... . . .. . ........ ........... ........... . ...... ... . .. .. ..... Floor Plans 3 AND 4 .......... .. MC-0 . ... ........ ... ... ... . N, Grading Plan, Conceptual 2 ed ........ ..... r 11 P I . . .t .... . ............. .......... ......... ..... ..... X- xx .. .. .. Aw . .. ........ Habitat Data Report 4 'Ct'-i' . ....... .. ........... . . .... ............. V - . .......... ... ... . .... .... ........... .......... Irrigation Plan 4 K 0V P* A: . ...... .......... . .. .. ......... .. ... ......... . Landscape Plan, Conceptual 4 . . ... . . .. .. .. .. .. .. ... . .. ..... .. ....... .. . ... ... ... ... ...... ... ............. ...... ............ . .. ..... .. Legal Description 4 L ............ .. versa.; .......... .... ... .......... ......... .. .. ..... Mailing Labels for Property Owners 4 . ..... . ..... .. ..... - :Mpfttng MI'L A .. .. ... .. Master Application Form 4 .. ..... .. .... .... . .. . . ....... ........... Neighborhood Detail Map 4 This requirement may be waived by. 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section PROJECT NAME: DATE: -ING bF RFWON M0 - 3 2008 aECEINJED -a44 Q:%WE B\PMDEVS F RV\Forms\PIa n n inglwai verofsu brni ttaireq s-9-06. x Is OM6 :VELOPMENT SERVICES DIVISION WAIVER vF SUBMITTAL REQUIRE,Y,�NTS FOR LAND USE APPLICATIONS Preapplication Meeting Summary 4 I 1 1 1 Rehabilitation Plan 4 Site Plan 2AND 4 Stream or Lake Study, Supplemental 4 1 1 1 1 Street Profiles 2 Topography Map 3 Tree Cutting/Land Clearing Plan 4 1 1 1 V Jtilities Plan, Generalized 2 'Vetlands Mitigation Plan, Preliminary 4 1 1 1 1 `J Applicant Agreement Statement , nn,n ,, I I I I Inventory of Existinq Sites Lease Agreement, Draft , atin Map of View Area , non a Photosimulations his requirement may be waived by: Property Services Section PROJECT NAME: Public Works Plan Review Section 1 i Building Section DATE: it e'9 ✓"J, �:%'(( Development Planning Section 0:1WEB1PVV\DEVSER\AForms\Planning%waiverofsubmittalregs_9-06.xls 09/06 I City of Seattle Gregory J. Nickels, Mayor Seattle Public Utilities Chuck Clarke, Director February 3, 2008 Ms. Andrea Petzel City of'Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Dear Ms. Petzel, s?�L )pm� FkV-�0%%A till ` S OT �JE It is the understanding of Seattle Public Utilities that the proposed use of the site is considered "Unclassified Use" per Renton Municipal Code 4-2-050C-6. We are hereby requesting that a Use determination be made by the Renton Hearing Examiner. Sincerely, Charles Madden, PE Manager Engineering Division SO.MIC MLin icip;il'ruucr. 7()0 5th Arcnue. Suite 4900, PO Box 3401S. Seattle. WA 98124-40[8 Tc]: (206) 6X 1-5851. TTYIfbb: (200G 2 7,241, Fax: (206) 684-40,I, InIcrnctA(kii"s Imp Jlwwwscattic_govlutil/ An equal cmplm-mcnt opporninity. ;iffirmame action employer. Accommodatiom for people with di,ahilities presided upon request. 4. Seattle SPublic Utilities PROJECT NARRATIVE FOR CEDAR RIVER SOCKEYE BROODSTOCK TRAP JANUARY 25, 2008 Project Name, Size, & Location: The Cedar River Broodstock Collection Facility is located at approximately River Mile 1.7, immediately upstream of I-405. The project will develop an area on the south side of the river across from the City of Renton's Cedar River Park. The size of the area to be utilized by this project consists of approximately 0.25 acres. Land Use Permits Required: Land use permits required from the City of Renton: • Site Plan Review • Shoreline Substantial Development Permit • Variance Permit Permits from other agencies include: • Washington Department of Fish and Wildlife HPA Washington Department of Ecology 401 Water Quality Certification Washington Department of Natural Resources Aquatic Resources Use Authorization Notification • Possibly a Corps of Engineers Section 404 Permit Environmental Impact Statement (EIS) History: A Final EIS (FEIS) for a new Cedar River Sockeye Hatchery, including improvements to existing spring water collection facilities and a new broodstock collection facility, was prepared in compliance with the SEPA; RCW 43.21 C and the Seattle SEPA Ordinance (Chapter 25.05 of the Seattle Municipal Code). Published in March 2003, the adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. That decision was appealed to the King County Superior Court, who also held that the SEIS was adequate in 2006. The King County decision was appealed to the Washington State Court of Appeals and it was once again deemed adequate in 2007. There have been no challenges to the broodstock collection facility alternatives. Zoning: The zoning in the project area is primarily Commercial/Office/Residential (COR) and borders on a Resource Conservation (RC) zone, which is shown in Figure 1 below. Banton city umft Parcels Zeninp WResource Cony... ResWotal 1dut.,. �Residential4 du- - ResidaMial 6 du... Rest Man... Resideral 10d.,. .Resider" 14 d... . )bmkkrdial MuH... ReaKk ntal Mult.,. Residential Mutt... _]renter M1400 Urban Canter N_ Urban Canter W. Cenpar PO Wftb3wn Mlc�off Art... Commercial OH... Commercial Nei... andualriai - Heavy _Irdwtiial - Medi-., Industrial - Light Raritan AWW Figure 1: Existing City of Renton Zoning near project site Current Use of the Site and Any Existing Improvements: The project site is located on the bank of the south side of the Cedar River. There is no existing access to the river itself in the project area. There is an existing pedestrian/bicycle trail that parallels the river. On the opposite side of the river from the project site, is the City of Renton's Cedar River Park (park use) which includes a large lawn area, landscaped areas, and a paved pedestrian trail along the river's edge. There is also a pedestrian bridge with lighting over the Cedar River immediately downstream of the project site. The area to the northwest of the project site (downstream of project site) is occupied by I-405 (freeway right-of-way). Special Site Features: The purpose of the project is to collect adult broodstock sockeye salmon. Therefore, the project site is located adjacent to and within the Cedar River. The river's shoreline area will be affected to create access and a staging area for fish handling. Soil Types: The project area on the south bank of the river is underlain with fill material that is likely due to realignment of the river channel in the early 1900's. Additional fill may exist from levees, revetments, roads, and railroad grades. The north bank of the river consists of younger alluvium (Qyal). 2 Proposed Use and Scope of Project Development: This facility consists of a removable fence and trap in the river channel, and a loading area where fish are transferred from the river into a transport truck. These fish are then hauled to the hatchery site near L.andsburg Dam where they will be spawned_ This project will improve the ability for the sockeye hatchery to meet its goals. Under agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, Seattle Public Utilities (SPU) has committed to operate a sockeye hatchery on the Cedar River in response to State concerns over the blockage at Landsburg Dam. The location and design of the broodstock collection facility are important to meeting the biological goals of the hatchery. We would like to construct the new facility in the summer of 2008. Considerable work has been done to develop technical protocols and designs that reduce the risk of unintended adverse effects on naturally spawning salmon populations while allowing the project to contribute to larger sockeye returns and improved fishing opportunities. The location at 1-405 was carefully chosen after technical studies and environmental review pointed to this site as the best location. The location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire population_ The current site at RM 6.2 misses approximately 30% of the population because it is so far upstream. The collection facility system that is planned for the I-405 site has been in use in other areas and has been successful at withstanding higher fall flows that compromise the facility currently in use. Consequently, current collection operations often need to be terminated earlier than desired, compromising biological and production goals. The proposed system is capable of withstanding higher flows due to its flexibility and ability to submerge during periods of very high .Bows_ "Phis will allow the collection period to occur near the middle of the run rather than favoring the earlier portion of the run. Adjacent to the site are walking trails and park lands that are important to area residents. There is some non -motorized water craft on the river, although this is expected to be quite limited by the time of year that operations would occur (mid -September to December). A segment of the floating weir or fence is designed to easily pass boats and rafts that are floating the river. Through the environmental review process and related discussions ,,with Renton City staff and elected officials, it is felt that impacts call be minimized to existing uses while enhancing opportunities liar the public to learn more about salmon in the Cedar River, This project includes the following components: 1. A flexible picket structure that will span the width of the Cedar River, just upstream of the t-405 bridge (see Figures 2-4 at end of document). The pickets and spacers are made of plastic and are built in 2'x20' panel sections. The bottoms of these panels are secured to the river bed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets that are connected to a metal base. The metal base is secured to the bottom with pins and small cables to duckbill anchors upstream. The metal plate will be left in place from year to year, but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. 2. Traps- Up to two traps would be used to intercept sockeye. These traps will be made of aluminum pickets and be approximately 6'x 12' in size_ They will be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up nearer to shore as flows increase. The traps will have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and coho will pass the collection site. The hatchery will need to trap up to 20,000 sockeye depending on run size and broodstock collection will be less than 50% of the sockeye run. Specific protocols fo"r passing Chinook will be in place for avoiding delay or causing redistribution of spawning sites. Protocols have been developed and tested at the current facility and that knowledge will be used to develop procedures for the new facility. Monitoring will continue to identify where Chinook spawn, expanding on a data base that began in 1999. 3. Safety cable — a safety cable that spans the river will be installed to provide greater employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This cable would be removed at the end of collection operations. 4. Loading area — an access roadway and ramp will be developed to allow the :lash hauling truck and boom truck to approach the river. The ramp will be installed adjacent to the river to facilitate loading, but above the ordinary high water line. Fight trees and some brush will be removed in the riparian zone for the roadway and ramp. 5. Access driveway - the access driveway will connect to Narco Road and cross the existing pedestrian trail. This section of the trail will be modified to support the weight of the truck. 6. Trailer --- Personnel will be on -site 24/7 when the weir is in operation. A portable trailer will be situated on the new driveway near the weir, approximately 50 feet from the Ordinary High Water line of the Cedar River. Removable fencing will be installed around the trailer, the ramp area and the eastern portion ofthe driveway_ Refer to drawing Cl: Site Layout Plan. The trailer and fencing would be removed at the end of the broodstock collection. season. 7. Utilities — electricity will be brought to the site for lighting, pumps and to provide electricity to the caretaker RV. A small (3/4") water service will be installed to provide potable water on site. S. Lighting Lights will be needed for security and for high maintenance periods that require monitoring and/or maintenance of the facility at night. The lighting will be sufficient to see out on the weir, but these lights will be turned off except when necessary. The loading area would be lit to a minimum level to discourage vandalism. The lights would be removed at the end of the collection period. 9. Information signage Lstablish public information signage on the park side of the river so that interested persons can learn more about salmon in the Cedar River and about the sockeye hatchery program. 4 It is estimated that it will take a maximum of 140 trips per season, spread out over a 90 day period, to transfer the fish to the hatchery. Loading time would take approximately 30 minutes per trip. The maximum frequency would be 4 trips per day. Hauling operations would occur during daylight hours. In summary, facilities are proposed that are intended to have minimal impact on other users while carrying out contractual responsibilities under agreement with federal and state resource agencies and the Muckleshoot Tribe. The importance of working closely with the staff of the City of Renton on this project and ensuring that the facilities are safe is recognized. A safety plan will be developed to address safety concerns. New Plat Information: No plats or housing developments are included in this project. Access: Access to the site will be via the Narco Road on the south side of the Cedar River Proposed Off -site Improvements: No improvements are planned outside of the project area at this time. Estimated Construction Cost and Estimated Fair Market Value: The estimated cost of the project is $175,000 for the site civil work and $45,000 for the fabrication and installation of the resistance board weir. The fair market value for this project is not applicable. Estimated Quantities and Type of Fill/Excavation: An estimated 380 cubic yards of material will be cut from the bank below the recreational trail to vrade the new access road. Trees Removed: 10 cottonwoods one each 3", 7", 9 and 10" diameter and three each 6 12" and 19" diameter_ Land to be Dedicated to the City of Renton: No lands are to be dedicated to the City of Renton. Proposed Job Shacks: The project may require the tsse of a job shack during construction_ A trailer will be on - site and occupied around the clock during the broodstock collection season as described above. Modifications Requested: We are not requesting any modifications at this time_ Distance of Project to Ordinary High 'Water Mark: Project will include the ordinary high water mark within the project area. Nature of Existing Shoreline: The existing shoreline on the Cedar River consists of a shoreline that has been disturbed at various periods for road construction-, river channel work; improvements for parks such as retaining walls, landscaping, and revetments. The shoreline along the south side of the river has the following vegetation: • Japanese knotweed (Polygonum cuspidatum) • Red -Osier Dogwood (Cornaceae Cornus sericea L.) • Bigleaf Maple (Acer macrophyllum), shrub sized • Sitka willow (Salix sitchensis) • Himalayan blackberry (Rebus discolor) • Sweet gale (Myrica gale) • Horsetail (unsure of species) • Ivy (likely English ivy-, Hedera helix) • Black cottonwood (Populus balsamifera ssp. trichocarpa) • Red alder (Alnus rubra) Obstructed Views of Nearby Residential Units: There are no residential units in the project area or adjacent to the project that will have obstructed views. The project will not have any components exceeding 35 feet in height. bulkhead fish passage chute subsbate rail 4i substrate anchor " fled weir Figure 2: Schematic diagrarri of a resistance board weir 6 Figure 3: Resistance board weir and trap on the Stanislaus River, CA Figure 4: Swimmer passing over a resistance board weir on the Stanislaus River, CA 7 Seattle D V GlT(PME 'a OF REWON Ii G 5111�Public MAR - 3 2008 Utilities RECEIVED PUBLICIQUASI-PUBLIC UTILITY REQUEST FOR VARIANCE CEDAR RIVER SOCKEYE BROODSTOCK TRAP JANUARY 2, 2008 Proiect Background Seattle Public Utilities (SPU) is applying for the permits needed to construct a new sockeye broodstock collection facility immediately upstream of the 1-405 bridge. This facility consists of a removable fence and traps, and a loading area where fish are transferred from the river into a transport truck. "These fish are then hauled to the hatchery site near Landsburg Dam where they will be spawned. The broodstock collection site requires an access road and driveway which enables trucks to reach the river edge. From approximately mid -September to mid- December each year, trucks would drive down the access road to the river and load fish into the truck. This project will improve the ability for the existing sockeye hatchery at Landsburg to meet its goals and would be used for the replacement sockeye hatchery when it is built in 2009. SPU currently collects the broodstock from a site located at river mile 6.5 which misses approximately 30% of the population because it is too far upstream. The collection facility design that is planned for the I-405 site has been in use in other areas and is successful at withstanding higher fall flows that compromise structure currently in use. SPU proposes to build an access road to reach the river. Constructing the road would require SPU to remove several trees from the Cedar River shoreline, which conflicts with City of Renton policies. Issue According to RMC; 4-4-130 D. 2.a, tree cutting and land clearing is prohibited on portions of property with protected critical habitats, including Shorelines of the State. The proposed broodstock collection .facility is located along a portion of the Cedar River which is considered a Shoreline of the State. SPU would like to remove three cottonwoods from the 25-ft buffer and two additional cottonwoods from the near -buffer area in order to build a driveway to the river edge to provide vehicle access to aid in transport of thousands of sockeye annually. 'three of the cottonwood trees are located in the proposed access road/driveway, two additional cottonwood trees are so close to the proposed road that their roots would likely be severely- damaged during road construction. Variance request i. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety and welfare is best served; The City of Renton's Comprehensive Plan (Nov_ 2004) includes environmental policies relevant to the proposed work: *Policy EN-2. Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply, energy production and open space. •Policy EN-53. Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam. One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream. Additionally, it is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, and would allow us to extend the collection period. ii. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies The proposed project is located in an area primarily designated as Commercial/Office/Retail and borders on a Resource Conservation zone. Two land use policies are of particular relevance to the proposed project: • Policy LU-62. Natural and cultural resources should be identified by project proponents when applying for land use approval, as part of the application submitted for review. • Policy LU-90. Siting of regional facilities that are specialized (e.g. landfills, maintenance shops) or serve a limited segment of the population (e.g. justice centers) should rely more strongly on the special locational needs of the facility and the compatibility of the facility with surrounding uses. The proposed broodstock collection is a very specialized regional facility that must be located on the river. The adjacent land uses, the I-405 transportation corridor and Renton's CARGO Park are compatible with the proposed facility. 2 iii. Each Facility mist serve established, identified public needs The proposed project serves established, identified public needs as shown in the Landsburg Mitigation Agreement and in the City of Renton's Comprehensive Plan Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. iv. No practical alternative exists to meet the needs SPU considered the following alternatives: a_ Alternative locations. The Cedar River Sockeye Hatchery Final EIS (March 2003) examined four alternative sites for collecting adult fish for spawning, all of which are located on the lower Cedar River, either within unincorporated King County or within the City of Renton. The four sites are: • 1-405 site located at river mile 1.7 • SPU right-of-way at river mile 3.4, located in a City of Renton greenbelt_ • Elliott Bridge Site located at river mile 5.3 • SPiJ's existing broodstock collection site located at river mile 6.5, off the Maple Valley Highway_ The 1-405 site was selected because the greatest number of sockeye would pass the weir at this point, which allows the broodstock collection to have the greatest likelihood of meeting numeric egg take goals. in addition, an independent science panel convened by SPU, to provide advice on technical hatchery issues, concluded that adult sockeye should be collected as far downstream as possible in order to obtain a representative cross-section of spawners. The right-of-way site is located in an undeveloped greenbelt used for walking and hiking. Locating the broodstock at this site would place the facility downstream of a spawning channel being developed by Renton. It is possible that the collection weir could cause localized changes in sockeye spawning behavior, potentially increasing or lowering the number of sockeye that would otherwise use the spawning channel. The Elliott Bridge site could be come an attractive nuisance to the children living in nearby homes. The existing site was deemed the least desirable of all four alternatives because it is the farthest upstream. Egg take goals may not be met and a less diverse cross section of sockeye would be collected here. b. Relocating the driveway within the proposed location. If the driveway were relocated further east or west, it would result in the loss of additional or larger cottonwoods. 3 c. Avoid cutting trees. There would be no driveway to the water's edge. Fish could not be moved by crane from the river to a truck_ Thousands of salmon would by transported by hand from the river to the roadway, which would be much more stressful to the captured sockeye, much more time consuming and riskier for the workers transporting the fish- v. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. 5PU is requesting a variance to remove five cottonwood trees. The lost cottonwood trees would be replaced at a 2:1 ratio. The proposed driveway has been located to avoid to very large cottonwood trees. The project proposes to compensate for the permanent loss of 742 sq ft of riparian vegetation in the 25-ft buffer by enhancing 1,951 square feet of adjacent buffer. The enhancement activities include removing non-native vegetation from the under -story, and replacing them with a mix of shrubs and native trees, including a substantial number of conifers. In addition, a 15-ft wide swath around the enhancement area will undergo invasive weed removal. vi. The proposed activity results in no net loss of regulated wetland or stream/lake area, value or function in the drainage basin where the wetland, stream or lake is located? The proposed project does not result in a net loss of regulated wetland or stream/lake area, value or function. The proposed project will remove five cottonwood trees. The vegetation would be restored in the manner described in the previous section. vii. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. The proposed project is designed to enhance salmon recovery in the Cedar River. The proposed action requiring a variance remove five trees to install an access road/driveway will not jeopardize the continued existence of endangered, threatened or sensitive species. viii. That the proposed activities will not cause significant degradation oj'ground water or surface water quality The proposed activities will have no effect on ground water, and they will not cause degradation of surface water quality. 4 ix. The approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose SPU believes this is the minimum variance necessary_ It allows a driveway to be built to the river edge. The driveway was sited to avoid removing even Iarger existing cottonwood trees. If SPU only removed the three trees in the direct path of the driveway and access road, the remaining two trees would be a hazard to workers, as the root zone would be severely damaged and Ieave the trees vulnerable to falling_ x. The proposed variance is based on consideration of the best available science as described in WAS 365-195-905; or where the re is an absence of valid scientific information, the steps in R.MC 4-9-25OF are followed. The proposed site was recommended in the Cedar River Sockeye Ilatchery Project Final EIS, dated March 2003. The EIS was prepared by Seattle Public Utilities, R.W. Beck Inc, Adolfson Associates, Inc., and Tetra Tech/KCM, Inc. Scientist and fishery experts within these organizations assisted with preparation of the EIS. The proposed mitigation plan described in section v. was prepared by Tetra Tech/KCM, Inc. and the Watershed Company, and follows standard vegetation restoration practices. 0 k._1....9 :T_1% 9 to] Memorandum Seattle Public Utilities CONSTRUCTION MITIGATION PLAN FOR CEDAR R1 (VAR�p 11�I G SOCKEYE BROODSTOCK TRAP ° �f C,' °v:SFWON OCTOBER 30 2007 O - 3 2008 The purpose of this memorandum is to describe mitigation measures that will be implemented during the construction of on -shore facilities and installation of temporary facilities to trap, sort and transfer returning adult sockeye on the Cedar River in Renton Washington. There are no buildings included in the project scope. The construction is presently envisioned to occur in two phases; 1). On -shore Site Work Construction -- The work under this contract will construct the access driveway and pre -cast plank ramp from Narco Road to the ordinary high water mark along the Cedar River, and will be accomplished by a local earthwork/utilities type contractor. Landscaping and site lighting will also be included in the general contract. 2). Floating Weir Installation — A specialty contractor experienced in floating weir design and construction has been retained to implement the floating weir to be installed across Cedar River. The base for the floating weir is a metal rail which is installed flush, pinned to the bottom of the stream bed, from bank to bank. The remainder of the weir installation is made up primarily of picket panels using twenty -foot -long, two -foot -wide sections of tubing that are assembled into a fence. The picket fence is hinged to the bottom rail, and raised into operating mode by adjustable resistance boards on the lower side that are activated by the current. Fish passage chutes of rigid picket components allow for migrating adult salmon to either pass through the fence on their way upstream or enter a live box to be sorted for transfer of some into holding raceways for later collection of eggs. The weir is removable and will typically be placed in service in early September and removed between mid -November and early December. General Site Work Contract Mitigation The general site work contract will consist of site clearing and grubbing, earthwork (general excavation and fill), subgradc preparation, retaining walls, access drive paving and drainage, ramp construction, and site power and lighting improvements. The construction period for the general contract will be relatively short, on the order of two months in total duration, during dry weather, beginning in June or July of 2008 and ending in September of 2008. Work hours will be limited to weekdays, 7 am to 5 pm. Narco Road will be used for construction access. Due to the small quantities of work required (50 to 60 truckloads of cut and fill), there are no special provisions for traffic control, except for temporary closure and detouring of pedestrian traffic on the Cedar River Trail. The access drive will cross the trail at a 90 degree angle approximately 60 feet west of the pedestrian bridge over Cedar River. During the construction of the access drive crossing, a short section of the trail will be removed and replaced. Pedestrian traffic on the trail will be detoured on to the adjacent Narco Road for approximately 100 feet via temporary asphalt pathways across the gravel road shoulder. Transportation impacts are expected to be negligible on this project. Infrastructure Group TETRA TECH Memorandum Mitigation measures include placement of temporary erosion control BMPs, tree protection fencing, watering as needed to reduce dust, and a stabilized construction entrance to reduce dirt tracking onto roadways. The contract will require that these measures be in place prior to commencement of any other construction activity. Retaining walls are used to accomplish grade transitions along the access drive in order to minimize the overall construction footprint, and reduce impacts on existing trees. Access drive paving will be permeable concrete designed to infiltrate storm water, which will reduce site run-off towards Cedar River. Erosion control matting and re -vegetation will be used to stabilize the slope areas along the access drive that are disturbed during construction. The ramp area is small, approximately 24 feet wide by 30 feet long. It slopes towards Cedar River, terminating near the ordinary high water elevation. Since the work will be accomplished during the dry season, erosion and sediment control are not expected to be problematic. However, a double silt curtain will be placed in Cedar River along the ramp frontage to contain any sediment that may run-off towards the stream during construction. Erosion control matting and re -vegetation will be used to stabilize the slope and stream buffer areas temporarily disturbed during construction (approx. 136 ft'). Permanent stream buffer impacts (approx. 742 ft') resulting from the proposed project will be addressed through adjacent buffer enhancements with native trees and shrubs at approximately a 1.5:1 ratio, with trees replaced at a 2:1 ratio. See the Site Revegetation plan for details. The upstream and downstream edges of the concrete ramp planking will be stabilized with Armaflex geotextile. The ramp planks will be grooved to direct most of the storm run-off into landscaped areas. Floating Weir Installation Mitigation The floating weir will be installed concurrently, but near the end of the general contract period, in August and September of 2008. Weir construction will be accomplished during low water flow in Cedar River, by manual methods, with no heavy equipment used. Hours of installation will be 7 am to 5 pm Monday through Friday, for a maximum duration of two weeks. There are no traffic or transportation impacts expected to result from this phase of the project. 2 Liberty N Park 100, W 100, 200' Approx. Scale: I" = 50' Cedar River Park Project Site I?.&- ro of QA04f fi Fal 61 i7w I DTETRATECH NEIGHBORHOOD DETAIL MAP Cedar River Natural Zone WON 3 OAR AR RIVER Seattle SOCKEYE 6 Public HATCHERY Utilities i O TETRA TECH Memorandum Date: September 26, 2007 To: Ron Straka, P.E. c: Steve Lee, P.E. City of Renton, John McGlenn P.E., Tetra Tech NNiNG Madden P.E., SPU p�� G From: Tom Spangenberg, P.E. Project No./Name: 3640013E�� Subject: Broodstock Collection Facility Analysis The City of Renton (City) has requested a hydraulic analysis of the potential effects that a resistance - board weir at the Cedar River Hatchery broodstock collection facility may have on Cedar River water surface elevations (WSELs), as well as a geomorpbic analysis of the potential for erosion and scour at the weir during high flows. This memorandum summarizes the technical approach and results of these analyses. WEIR DESCRIPTION AND OPERATION An understanding of the operation of the weir is necessary in order to apply an appropriate modeling method for the hydraulic analysis. This section describes how resistance -board weirs function in general and how the weir will be operated on the Cedar River. Weir Description A resistance -board weir consists of a row of long thin tubes called pickets (for the Cedar River facility, the pickets will be 1-inch-diameter, 20-foot-long PVC pipe, with 1.25 inches between the pipes). The pickets are anchored to the river bottom at the upstream end_ Angled resistance boards are attached near the unanchored ends of the pickets. When the boards arc set in the operating mode at an angle to the pickets, flowing water provides lift to the resistance boards, but it also exerts counteracting downward pressure on the upstream face of the pickets. The pickets are arranged side by side across the width of the river. When lift on the resistance boards exceeds the downward pressure on the pickets, the ends of the pickets can float to the water's surface, creating a barrier to migrating fish; the fish are then directed into a live trap for sorting and release or transport. Alternatively, if the downward pressure on the upstream face of the pickets exceeds the lifting force, the weir rotates back down toward the bottom of the river, allowing debris to pass unobstructed over the weir. If debris accumulates on the pickets; the drag from the debris will force the weir toward the bottom of the stream, permitting the current to remove any obstruction to flow. The operating position of the unanchored end of the weir varies with the flow in the river, and the weir can be designed so that the pickets either lie flat or float when river flow reaches specified levels. Weir Operation The resistance -board weir is a temporary structure in the river and is easily removed. For the Cedar River Hatchery, the weir would be installed during the anticipated collection of broodstock from mid - September to late November, plus or minus a few weeks depending on weather and flows. The proposed Infrastructure Group Tsl Fax Jf ' i_ cfi-cr,xn aTETRA TECH Memorandum collection period for acquiring broodstock varies from a minimum of seven weeks to a maximum of about 12 weeks. The shorter period reduces the probability of experiencing flows that would require termination of operations, but it puts higher demand on the number of fish to be collected per day and therefore the required effectiveness of broodstock collection. The largest proposed collection is 3,900 adults per week and about 24,000 fish per season. Because the weir is a temporary structure made of lightweight materials for easy installation and removal, it can be easily damaged by high flows. Therefore, the weir will be operated to be lowered when flows exceed a targeted flow of 1,500 cubic feet per second (cfs). When large flood events are anticipated, the operating plan will be to remove the weir from the river. These protocols will ensure that the weir is not damaged and that there will be no impedance to the river that might exacerbate flood elevations. At the targeted flow of 1,500 cfs, the downstream end of the weir is assumed to be at the water's surface, and would have the maximum hydraulic impact. Therefore, the maximum weir elevation examined in the hydraulic analysis is the elevation that occurs at a flow of 1,500 cfs. HYDRAULIC ANALYSIS Hydraulic modeling of the resistance -board weir was performed using the HEC-RAS hydraulic model. There is no explicit modeling method for computing the head loss through a resistance -board weir. However, several analogous methods were used to estimate what the weir's potential effects. The results of these methods were compared to historical observations to provide a check on the accuracy of the results. For this analysis three methods were used to estimate the potential impact of the weir: • Bar Rack Head Loss Equation --The head loss through the weir was computed using a bar rack head loss equation. • Broad -Crested Weir —A broad -crested weir was modeled in the HEC-RAS program, with dimensions based on the actual blockage caused by the resistance -board weir at 1500 cfs. • Resistance -Board Weir Approximation An approximation of a resistance -board weir was modeled in the HEC-RAS program. The vertical dimension of the weir was based on the WSEL in the river at 1500 cfs. The width of the pickets was scaled to allow the weir to be modeled. Bar Rack Head Loss Method The head loss through the resistance -board weir is closely analogous to a bar rack head loss. Bar rack head losses have been studied extensively for use in water treatment plants and. can be represented analytically by the following equation (Wastewater Engineering, Metcalf and Eddy): ht, _ (V2 - v2)/(2g*0.7) where: hL— head loss (feet) V= velocity of flow through the openings of the bar rack (feet per second) v= approach velocity in upstream channel g— acceleration due to gravity (feet/second2) 2 TETRA TECH Memorandum 0.7 = an empirical discharge coefficient to account for turbulence and eddy losses Results A spreadsheet was developed to compute the head loss through the resistance -board weir based on the bar rack head loss equation for flow at the 1,500-cfs threshold. The maximum head loss expected for the resistance -board weir would occur at 1,500 cfs, since above that flow the weir would be forced below the water surface and its effects would be diminished. The head loss at 1,500 cfs computed from the bar rack equation is 0.4 feet. This result is thought to be slightly conservative given that the length and angle of the weir may call for a lower empirical coefficient than is typically used for bar racks. Based on this result it would be expected that the maximum impact of the resistance -board weir on WSELs would be 0.4 feet. The increase in WSEL is expected to diminish upstream of the weir - Broad -Crested Weir Method One method to estimate the effects of the resistance -board weir is to model the effective blockage caused by the weir pickets as a solid structure. A broad -crested weir is used in this analysis at the recommendation of the City and the method outlined here is based on an interpretation of the method that the City recommended. The height of the broad -crested weir to be modeled was computed using the vertical projection of the resistance -board weir and scaling that height down to account for the actual blockages (and spaces) presented by the pickets in the resistance -board weir. This analysis assumes that the maximum height of the pickets will occur at a flow of 1500 cfs. The depth of flow at 1500 cfs in the vicinity of the weir is approximately 4.5 feet. The effective height (vertical component) of an equivalent broad -crested weir, after accounting for the spaces between the pickets, is approximately 1.7 feet. A worksheet of the calculation to determine the equivalent weir height is attached to this memo. In the HEC-RAS model, a weir with the following attributes was modeled: • A height of 1.7 feet • A length (horizontal component parallel to direction of flow) of 14 feet. • A weir coefficient of 3.1 _ • A weir width (horizontal dimension perpendicular to flow) extending from bank to bank. Results The results of the broad -crested weir analysis are presented in Table L The maximum head loss computed is approximately 0.3 feet and, as expected, the impact of the weir decreases with increasing flow above the 1,500-cfs target flow, as the relative effect of the weir diminishes. The impact of the weir also decreases upstream of the weir_ The estimated increase in WSEL approximately 500 feet upstream of the weir is negligible. The results are consistent with the observed rise in WSELs in resistance -board weirs that have been constructed previously. 3 TETRA TECH Memorandum TABLE 1. RESULTS OF BROAD -CRESTED WEIR ANALYSIS WSEI (feet) Flow (cfs) Existing With Broad -Crested Weir Difference HEC-RAS Cross -Section 169 (2 feet upstream of weir) 1,500 31.3 31.6 0.3 3,000 33.0 33.2 0.2 5,940 35.4 35.6 0.2 9,860 37.8 38.0 0.2 12,000 38.9 39.1 0.2 HEC-RAS Cross -Section 171 (94 feet upstream of weir) 1,500 31.5 31.7 0.2 3,000 33.2 33.4 0.2 5,940 35.8 36.0 0.2 9,860 38.6 38.8 0.2 12,000 40.1 40.2 0.1 HEGRAS Cross -Section 173 (178 feet upstream of weir) 1,500 32.1 32.2 0.1 3,000 33.9 34.0 0.1 5,940 36.3 36A 0.1 9,860 38.8 39.0 0.2 12,000 40.3 40.4 0.1 HEC-RAS Cross -Section 180 (537 feet upstream of weir) 1,500 33.6 33.6 0.0 3,000 35.5 35.5 0.0 5,940 38.0 38.0 0.0 9,960 40.5 40.5 0.0 12,000 41.7 41.8 0.1 Resistance -Board Weir Approximation Method The weir modeling tool in IJEC-RAS has some flexibility to model complex and irregular broad -crested weirs. The HEGRAS interface allows up to 500 points to be used to describe a weir structure_ The point limitation does not allow the actual dimensions of a resistance -board weir to be coded. In other words, due to the dimensions of the pickets (1.25 inches wide with 2 inch spaces) and the width of the river, 500 N TETRA TECH Memorandum points are not enough to model the weir. However, a similar weir using proportionally larger pickets and spaces can be used to approximate the weir effects. This approximation, while not exact, is useful in defining the expected impact of the weir. Figure 1 illustrates the resistance -board weir configuration used in the HEC-RAS model. This technique is used as a variation on the broad -crested weir. Figure 1. Resistance -Board Weir as Modeled in HEC-RAS For this analysis, the number of pickets was reduced by increasing their size. In order to approximate the effect of the actual blockages, the ratio of the width and spaces were maintained while they were scaled up. The width of a picket and the space between pickets used in the HEC-AA5 model was 3.1 inches and 4.9 inches, respectively. In addition to the picket size, the following dimensions were used to characterize the weir. • A height of 4.7 feet, which corresponds to the WSF[, at 1,500 cfs. • A length (horizontal component parallel to direction of flow) of 14 feet. • A weir coefficient of 3.1. • A weir width (horizontal dimension perpendicular to flow) extending from bank to bank- 5 TETRA TECH Memorandum Results The results of the resistance -board weir analysis are presented in Table 2. The maximum head loss computed is 0.3 feet and, as expected, the impact of the weir decreases with increasing flow above the 1,500-cfs target flow. The impact of the weir also decreases upstream of the weir. The estimated increase in WSEL approximately 500 feet upstream of the weir is 0A feet. The results are consistent with the observed rise in WSELs in resistance -board weirs that have been constructed previously as well as the results of the other analyses described in this memo. TABLE 2. RESULTS OF RESISTANCE -BOARD WEIR ANALYSIS WSEL (feet) Flow (cfs) Existing With Resistance -Board Weir Difference HEC-RAS Cross -Section 169 (2 feet upstream of weir) 1,500 31.2 31.5 0.3 3,000 32.9 33.2 0.3 5,940 35.4 35.7 0.2 9,860 37.8 38.0 0.2 12,000 38.9 39.1 0.2 HEC-RAS Cross -Section 171 (94 feet upstream of weir) 1,500 31.5 31.6 0.2 3,000 33.2 33.4 0.2 5,940 35.8 36.0 0.2 9,860 38.6 38.8 0.2 12,000 40.1 403 0.1 HEC-RAS Cross -Section 173 (178 feet upstream of weir) 1,500 32.1 322 0.1 3,000 33.9 34.0 0.1 5,940 363 36.4 0.1 9,860 38.8 38.9 0.1 12,000 40.3 40A 0.1 HEC-RAS Cross -Section 180 (537 feet upstream of weir) 1,500 33.6 33.6 0.0 3,000 35.5 35.6 0.0 5,940 38.0 38.1 0.0 9,860 40.5 40.6 0.1 12,000 41.7 41.7 0.1 C7 00 TETRA TECH N Memorandum Summary Because of the hydraulic complexity of the resistance -board weir, simplifying assumptions are required in order to model the weir's hydraulic effects. The results of several analytical approaches in addition to corroborating field observations should provide a level of confidence and validation of the methods. Based on the results presented in this memorandum, the expected rise of WSELs due to the weir is no more than 0.4 feet in the vicinity of the weir for low flows and would likely be less than 0.4 feet at high flows, when the weir is unlikely to have much if any effect. GEOMORPHIC ANALYSIS This resistance -board weir design has been used in Alaska by the Alaska Department of Fish and Game for the past 15 years. The design is now being used in river systems from Washington to California and has a documented history that can be used to predict potential impacts on the Cedar River. Based on empirical evidence from Alaska and California, the expected geomorphic effect from the weir is minimal. A demonstration project on California's Stanislaus River, which features stream conditions similar to those found in the Cedar River, provided particularly useful information. The bed substrate in the Stanislaus River is typically sand and small gravel, which provides a good basis of comparison to the slightly larger cobbles found in the Cedar River. According to Jesse Anderson (Personal Communication, 2007), in over five years using the resistance -board weir, the most common geomorphic impact has been a small trough that forms on the downstream side of the substrate rail anchoring the pickets. Based on field observations, the scour caused by the rail is minor. No major erosion or scour has ever been observed as a result of the weir, substrate rail, or collection facility. Observed conditions include periods of high flows in the range of 5,000 to 7,500 cfs compared to average flows of 200 cfs to 1,500 cfs. During operation of the weir, the geomorphic conditions in the river will be closely monitored. If needed, the substrate rail can be removed at the end of the fishing season or in the event of a major flood event to eliminate the potential for scour. In every case where scour has occurred as a result of a weir, the river has reverted to its natural bed form and the scour hole disappeared once the weir was removed_ No major scour has ever been observed during the operation of the weirs in California or Alaska. 7 OTETRA TECH Date: October 31, 2007 To: Andrea Petzel, City of Renton c: From: Tom Spangenberg, P.E. Project No./Name: 3640013 Subject: Standard Stream Study Memorandum fV GIN ofR�1NG ENTO 'MAR - 3 2Q09 RECEIVED Seattle Public Utilities (SPU) is seeking to build the broodstock collection facility for their Cedar River fish hatchery within the City of Renton (City), just upstream from the 1-405 bridge. As part of the approval process SPU is applying for the following permits from the City: • Site Plan Review • Shoreline Substantial Development Permit • Variance Permit Each of these permit applications indicate the need for a Standard Stream Study as described in section 4-8-120D of the Renton Municipal Code. This memo summarizes the information required for the Standard Stream Study. The information, noted below, is summarized in the construction drawings or other documents prepared as part of the facility design and approval process. The drawings and documents that contain the information are referenced below. Stream Study Summary The Cedar River is a Class I stream. The site layout is shown in drawing C-1 in the construction drawing package. The site layout plan includes the following information relevant to the Standard Stream Study: • The proposed project and vicinity. • The ordinary high water mark (OHWM) as determined in the field. • The topography of the site (2-foot contours) • The 100-year floodplain and floodway boundary. • All existing and proposed structures • Location of site access, ingress and egress. The grading plan is included as drawing C-2. Topography in the grading plan is depicted using a 2-foot contour interval. Infrastructure Group 2C Fit' , .;c. Sv Lc' 4Vasi ,r is 9F 01 Tc' �0�;, E=:,.93C0 laxD�;iec'_rr;r. TETRA TECH Memorandum The vegetative cover of the site including a tree inventory, tree protection plan, and mitigation plan, is included with drawings G-G, L101, L102, and L103 Ecological functions and observed or reported fish and wildlife that make use of the area are summarized in the Cedar River Sockeye Hatchery Project Final EIS (2003). STATEMENT OF PROBABLE COST Tetra Tech Infrastructure Group 1/2/2008 Project Name: Cedar River Sockeye - Broodstock Collection Client: Seattle Public Utilities Costs based on contruction date of: Oct-07 ITEM DESCRIPTION QTY UNIT UNIT COSTS MATL/EQU COST INSTALL COST TOTAL MATL/EQU INSTALL Site Work Clearin and Grubbing 1 LS $2,000 $2,000 $2,000 $2,000 $4,000 Tree Protection Fencing 1 LS $500 $500 $500 $500 $1,000 Erasion Control 1 LS $1,000 $2,000 $1,000 $2,000 $3,000 Excavation 500 CY $1 $10 $500 $5,000 $5,500 Adjust Manhole Elevation 1 LS $500 $500 $500 $500 $1,000 Geotextile Fabric 750 SY $2 $1 $1,500 $750 $2,250 Imported Aggregate Base Material 160 CY $30 $10 $4,800 $1,600 $6,400 Fine Grading 700 SY $1 $1 $700 $700 $1,400 Modular Block Walls 95 LF $75 $30 $7,125 $2,850 $9,975 Permeable Concrete Surfacing 6000 SF $3 $3 $18,000 $18,000 $36,000 Precast Ramp Planking over Custom Base 600 SF $15 $10 $9,000 $6,000 $15,000 Drain Rock 20 CY $30 $5 $600 $100 $700 Underdrain 95 LF $4 $10 $380 $950 $1,330 Landscaping 1 LS $7,000 $7,000 $7,000 $7,000 $14,000 Power and Lighting 1 LS $10,000 $10,000 $10,000 $10,000 $20,000 Raw Cost Subtotal $121,655 Mob/Demob at 5% $6,078 Contractor Overhead at 10% $12,156 Contractor Profit at 5% $6,078 Bonds and Insurance 2.5% $3,039 General Conditions 2.5% $3,039 Contingency 20% El $24,311 Probable Cost 1 $176,255 VELOPM, -NT PLANNING �10i7Y OF RENTON LIAR - 3 2008 RECEIVED rwp-- j Je Anderson Cramer anderson@fs pLAN , i...440 Fish Sciences 2os. i ._PNPErvTo,�,,n,n�� `A■. Oregon • California • Washington • fdaho -Alaska Weir Cleaning and Inspection j 2008 RECEIV L) The weir will be cleaned at minimum once daily dependent upon flow and debris levels. A pair of technicians will walk across the weir to partially submerge each panel, thereby allowing the current to wash any debris downstream. Technicians will use a rake or stiff bristle brush to clear away aquatic vegetation and to push larger debris loads off the weir (Figure 1). The use of hands to grab and toss debris off the back of the weir is also utilized. Each time the weir is cleaned, a visual inspection will be made of the weir panels, substrate rail, fish trap, and fixed weir sections to ensure there are no breaches. If conditions prevent an adequate visual inspection, technicians will use snorkel gear and dry suit to ensure there are no breaches in the weir. Figure 1. A field technician cleaning debris from the Stanislaus River weir using a stiff bristle brush. Fish Bioiogy • Biostatistics • 5imulatton Modeling • Ecology • Genetics • Hydrology • Geomorphology • Estuarine and Marine January 2008 Figure 2. A field technician grabbing and tossing cottonwood tree leaves over the back of the Stanislaus River weir. Weir Removal The first step in weir removal is to drop all resistance boards to a flat position (Figure 3). Next, a crew of 4 to 6 technicians will begin breaking down the rigid weir structure on the north bank working towards the resistance panels (Figure 4). Once the rigid weir is removed the bulkhead on the respective side is removed. Now the first resistance board panel is removed by removing the connecting picket and then unhooking the panel from the substrate rail cable (Figure 5). This will continue until the second bulkhead is encountered. The bulkhead will be removed and then the remaining rigid weir panels on the south bank will be removed and stored. Now the substrate rail cable can be disconnected and pulled up onto the bank with the winch stanchion, wrapped, and stored for the season. The metal substrate rail will be left in place for the following season. All panels and equipment will be transported to off -site storage until the following season. www.fishsciences.net ra. 11 January 2008 Figure 3. Technician dropping the resistance boards prepping the Stanislaus River weir for removal. Figure 4. Part of the north bank rigid weir already removed at the Stanislaus River weir. mvw.fishsciences.net January 2008 Figure 5. Technicians removing connecting pickets and unhooking a resistance board panel at the Stanislaus River weir. www.fishsciences.net . I_ E.i [ WATERSHED S C I E N C E & 6 E 5 1 G N DEVELOPMENT IRMON PLANNING MAR 3 2008 17 August 2007 John McGlenn RECEIVE Tetra Tech/KCM 1420 Fifth Avenue, Suite 600 Seattle, WA 98101 RE: Cedar River Sockeye Hatchery — Interstate 405 Broodstock Collection Facility TWC Ref. 4: 070622 Dear John: On 9 August 2007, The Watershed Company staff conducted a site visit at the proposed broodstock collection facility site on the Cedar River, just upstream (east) of the 1-405 river crossing, in the City of Renton (Figure 1). The Cedar River Sockeye Hatchery Project Final EIS (Seattle Public Utilities 2003) assesses the proposed impacts and corresponding mitigation for an in -water weir to be installed in the general location of the proposed project. Impacts associated with in- and over -water work for the broodstock collection facility in its final proposed location are the same as discussed for the other I-405- area sites discussed in the EIS. Accordingly, they will not be further discussed. However, the final proposed location has discrete buffer impacts that were not quantified in the EIS, nor was specific mitigation proposed. This study and accompanying mitigation plan address those site -specific buffer impacts. The following sections will discuss the proposed project, existing conditions in the affected critical area, regulatory requirements related to sensitive areas impacts, and proposed mitigation to ensure that the proposed project does not adversely affect functional values of the critical areas. PROJECT DESCRIPTION The proposed broodstock collection facility project requires construction of a weir, collection and sorting facility that spans the Cedar River, and some support structures on the south bank. The Cedar River is a Shoreline of Statewide Significance with a 25-foot buffer in the "Urban" environment. In order for the collected fish to be transported to the new Landsburg hatchery facility upstream, an access road to the water's edge is needed to allow a transport vehicle to access the facility. EXISTING CONDITIONS The proposed project will impact a vegetated riparian area on the south bank of the Cedar River. The north bank, to which the proposed project just extends, is in the Cedar River Park. A portion of the bank is armored with a vertical wall composed of poured concrete, stone with mortar joints, and ecology block. Himalayan and evergreen blackberry, butterfly bush, Japanese knotweed, and a few willow saplings are rooted in crevices in the wall face. The remaining 750 Sixth Street South Kirkland. WA 48033 p 425.822,5242 f 425.827.8136 watershedco.corn McGlenn, J. 17 August 2007 Page 2 of 5 portion of shoreline in the immediate project area on the north bank is a steep slope covered by rip -rap and weeds. See Figure 2 for photograph of north bank conditions. The 25-foot buffer on the south bank in and around the proposed impact area contains an overstory of large black cottonwood trees, a mid -story of red alder and willows, and an understory of red -osier dogwood and Japanese knotweed. Some Himalayan blackberry is also present, as well as patches of reed canarygrass. The ground in this area is covered by sand deposited by Cedar River high water events. See Figure 3 for photograph of south bank conditions. Homeless persons who camp in this area have created trails in the buffer, accessing them from the clearing underneath I-405. IMPACTS Best management practices would be employed during construction to minimize the amount of permanent and temporary stream buffer disturbance. Measures include, but are not limited to, placement of silt fences between disturbance areas and critical areas, adherence to any timing restrictions specified by approving local, state and federal agencies, and stabilization of exposed soils - Short -Term Temporary impacts totaling 136 square feet would occur as a result of the proposed project around the project area on the south bank. Disturbance would be minimized, extending a maximum of S feet from the access road footprint to the east, and 2 feet from the facility structure to the west. Long -Term Although the facility extends to the north bank, no meaningful buffer impacts would occur on the north side of the river. As previously mentioned, the project area on the north bank is a vertical wall and a section of sloped rip -rap bank. The only vegetation on the north side of the river in the immediate project area is invasive species and weeds that have managed to take root in crevices in the wall and on the sloped rock bank (see Figure 2). Incidental removal of these species would be beneficial, but re -planting in the area is not possible given the substrate type. The permanent impact footprint on the south side of the river is 742 square feet, and results from facility encroachment, access road construction, and grated walkway installation. The south bank in the immediate project area is densely vegetated with a few large trees, abundant smaller trees and shrubs, and an understory of invasive vegetation (see Figure 3). Construction of the access road and facility structures requires removal of five cottonwood trees. Although the access road and facility creates a break in the riparian corridor for wildlife, it is less than 100 feet upstream of a much larger break in the corridor created by 1-405 and several other river crossings. The project area's close proximity to the very large physical break, its use by itinerant campers, and the disturbance level generated by noise and activity from the adjacent trail, highway, other roads, and the park substantially reduce its value as wildlife habitat. Any McGlenn, J. 17 August 2007 Page 3 of 5 other location farther upstream would have more significant impacts on wildlife habitat and the migratory corridor. MITIGATION Mitigation for permanent and temporary impacts is depicted on the attached plans. Short -Term All temporarily impacted buffer areas will be restored with native trees and shrubs. Trees will not be installed within 5 feet of roads and structures to prevent future maintenance issues. Long Term To compensate for the permanent loss of 742 square feet of riparian vegetation in the 25-foot buffer, approximately 1,951 square feet of adjacent buffer area would be enhanced. Non-native vegetation would be removed from the understory, and replaced with a mix of native trees (including substantial numbers of conifers which are very limited in the lower Cedar River riparian corridor) and shrubs. The lost cottonwood trees would be replaced in the enhancement area at a 2:1 ratio. Although the proposed enhancement plantings would be planted at low density to iufill where invasives are removed, the total quantity of proposed plats is equivalent to a 1,120-square-foot area planted at typical densities, or a compensation ratio of 1.5: i . To minimize encroachment of invasive species from the surroundings, a 15-foot wide swath around the enhancement area will also undergo invasive weed removal. Please call if you have any questions or if we can provide additional information. Sincerely, Amy J. Summe (Myers) Wetland/Wildlife Biologist Encl. McGlenn, J. 17 August 2007 Page 4 of 5 2 4 J h Burnett PI 5 r in U1 a y !P IA h St PJ 2t10? R1ap! - xathst !' Nan, St { y # N 3rd St g z 1 N 20a St s r J,sf N ?rid Si: s� � �- �. � r N M I � . s JA am R Project Area I a � � y zoo m" coo rI 40OF Olp o (Z n2007NAVIEU Figure 1. Vicinity maps from MapQuest (top) and Microsofts' Local.Live.com (bottom).(Mc>] McGlenn, I 17 August 2007 Page 5 of 5 Figure 2. Approximate weir location, facing upstream from the pedestrian bridge. Figure 3. Approximate impact area on the south bank. I m r - rAd w- e z' ;;;;; —MrAIR.O.Wol In i --------- - --- - — r TETRA TECH " APKENNET F 1 IT E aN.d w� sao13 DEaAR1k1E11 r OF 1z2D Fdth Aenua, SuFe fi00 WATLRSHEU r+�++r+ume�3e u.,Tne, wAseI1G1GN Seadle. wggm Ion98101 COMPANY 2]E3839WI Fax: 2Iti.88}97111 S+s ncc 4 Ocsen m f 'r }OHWM ESTIMATED BASED ON TOPOGRAPHY (NOT SURVEYED _ _.. - - - - -BUFFER ENHANCEMENT ED AREA_ 982 SFJo /I TEMPORARY BUFFER IMPACT AREA (TO BE RESTORED) 136 SF --- ION FENCES** -._.-vl - -._.-vl - O M.�iD ar eunus um w>f wnys .moo w+e / ' I mmem AlG 2 06 IMKTMTION mm® W/As - i - 0 m ie'�'e's o•s, mwr. marl W - 2 oenem YG/AS .- -0 ® PERMENANT BUFFER IMPACT 7A2 SF ® TEMPORARY BUFFER IMPACT 136 SF BUFFER MITIGATION AREA 1,951 SF —R 15'—U" WIDTH WEED REMOVAL ZONE Lit - J ADJACENT TO MITIGATION AREA 4w� 0 EXISTING COTTONWOOD TREE V EXISTING COTTONWOOD TREE TO BE REMOVED [,D, TO BE REPLACED O 2:1) > > DRIPUNE OF TREES TO REMAIN EXISTING TREE PROTECTION • INVASIVE WEEDS ARE TO BE REMOVED FROM WTHIN 15'-0" WEED -FREE ZONE AROUND THE PROJECT AREAS. REFER TO PLAN FOR INVASIVE WEED MAINTENANCE BOUNDARY- • AVOID DAMAGE TO LXISUNG NATIVE VEGETATION. AREAS MAY NEED TO BE SEEDED AFTER WEEDING IS COMPLETE, REFER TO THE PLANTING LEGEND FOR A SEED MIX. • WEEDS SPECIFICALLY TARGETED INCLUDE HIMALAYAN BLACKBERRY, EVERGREEN BLACKBERRY, JAPANESE ERMENANT BUFFER KNOTWEED. ENGLSH IVY. ENGUSH HOLLY, MORNING IMPACT AREA 742 SF GLaRY AnD NIGHTSHADE. \ BUFFER ENHANCEMENT AREA 969 SF °� 15 -0" WEED -FREE 1 =� ZONE AROUND ITIGATION AREA N 4_ mw 34_. L2 BUFFE MInGATION LAYOUT } MIT S E T BUFFER IMPACTS RAND MITI ATION SET Cattle City at Seattle p ��� m S.'106n Pu I1C CAuek erke, DYme[w Ai CO rrres v T HATCHERY — 1 - 17 PLAINT LE END: TREES BOTANICAL NAME / COMMON NAME P POPULOUS TRICHOCARPA / BLACK COTTONWOOD 20 2 GAL. ------"- �Si- '•�_ f - I PS PICEA SITCHENSIS / SITKA SPRUCE 5 2 CAL. P rHula PLCATa / WESTERN RED CEDAR a 2 GAL ^SEEDING CONTINUES TO SHRUBS -.END OF DRIVE (not shown) oe ACER CIRCINATUM / VINE MAPLE 19 t GAL. CORNUS SERICERA / DOGWOOD 17 1 GAL. LONICERA iNVOLUCRATA / TWNBERRY 14 1 GAL. r. sls SALIX 51TCHENSiS / SITKA WILLOW 15 1 GAL. PRO —TIME 840 NATIVE BIO—FILTER SEED MIX- --t ELYMUS GLAUCUS / BLUE WLDRYE FESTUCA RUBRA RUBRA / RED FESCUE 47% 40% SEED AT A F OF 1 LB PER r~` DESCHAMPSIA CAESPITOSA / TUFTED HAIRGRASS 10% 1000 S.F. _ CLYCERIA OCCIDENTAILS / WESTERN MANNAGRASS 2% APPROX. 8.5 BECKMANNIA SYZIGACHNE / AMERICAN SLOUCHCRASS 1% 1 NEEDED iv _ el — eat . — — .Si — n[ LdveOV LLYS w,rdrBOripr V 0.M� Ri ne"wuuC�w 0.Wt 5 [m3� 4ir e�-R�Uea ra uw:Xev roe W .f%2e"r.y,r •lrirlaxinv. w ees ai{♦3f eeq,{ ♦LL r+•Ef•eY. ! aruar�aveu rr[d ♦ >lM%I,M1wprlG�Re1 �1W 0.wnMG r ue.k5f Bede o.P rxa. Hero Bad oad, IRO♦ IaatMr5rd5 nwer aMOE lot Br.9x I �re¢sroKa e- � xr w.r tcrd •�2i i1�W eR*m♦nay pyptir� TREE do SHRUB PLANTING DETAIL B Hrs re�0.Wrert er aw ed- a. ,E� riuui {1) i ♦� aees�uo�eer�i¢ua� Beuer�ne nr a stwt we e, rev erewnw ao.o�w rcw rot !road -ore rook OittP�Onr�u� Mdr—Y 4 t is �ft(� � RaSpr rot Wr Nawi rey siprs� F..p, pt.de - ;-•� _ � �� DER s cs �- [: s TP c These -.Lee ore o-dpI--L I. the prdAct genemt epec:ficelione- Refs to aped for more detailed in fafmotion. • Ldymt plant moteri¢I per pw- for m pect— by the BONisl or LLd3Cape architect Pler: evea:itu:iara Bill N07 be e,lo d without the oppraeal of the Bidldg;dt ar Lah6scope ArChkOot- log each Far cmalruclian aeavmce. refer :n the Mitigelian wotee en meet .',OS ins lalletl plonk, IaetdVl plan to per planting tleleila Plent inalelletian shall u r betwem October 151h and December Wake, ach pl-t Lhdwghly Lo remdV[ din P.W1 15th during kdal-Free periade Holy InsWII a e" depth, c add -chip r^uIM ring b—d edM Ptent • Bef«e tinaV grading is ampleted by the grvtling cdn VbCtpr. Lne Hydroseed the entire planting a eAh Lhc seed ma Inked ie the Imeacope contractor —Id Inapec: V. site In m c [hot sails. plant legenc. Seed all dare eo'Vl anew, bet tle not eeetl are mulch wrf". and groeae a euitaon hle fe, pltiny. At teal llme, ¢ otl u of in atl Mgetotian- a ondili and iffe aery provide emenrknent in pldnling BO III that lhera is of tax organic —1-1 by .eight A Seed all ot^ r projcot-r ted bore col or Svnelructim dislvrbed •r/ the aced m s hetcd in the plan) legrnd. See6ng yryoil Ipb :Bet tar organ is cmtent mcy ben cry pccu' between Seo:ember 151h ¢nd October 301h a Morct 15th • Note: Thor a01rvctdr is relipd"siole /dr dny ddver6e ardinage th­gh June let mtlilione that may affect proper plant growl~ anq ne[o4 0 'emnmdry irriguticn eyek— ceI of eelivering 2' df Natlfy awns- of any Four tlrcinege coneilt¢re pnor to conelructon water pe, weak to the entVre planted f a Maintain irngalim • Locate atl [ai,,b;y v17Hiee within the limi: of wa1 R,e l-d—pe m e,,ter- in working condition for three (3) sum ens (June I through ml—bde le reep¢nsible f« any u[Aity d—ge as a rewtl dl the sep:emher 151h) cfter mi1wl plant in sfollabon dneetdpe conelrurtim • Es[cblish Lr.e pionting wea be�ndarys in the five. Loasa, any One Mar of:er initial plant inatclld Hi apply grconic. slaw-releox orapacled sods n the planing d ferhlixer w s Osr�dcol[ or Perfect Bleae 4-4-4 In Been plant • Remove any and all in eeCa ¢nd Iha:r roofs from the punt ng gar ovts,tle ¢I tic CrJd, 4iver IW YYpI mly,, orec- Species Idrgeled remevai IneI atle kimeieken biockberry The londecdpe Cvnlroct ehj IJ maintdin d.I plait maleriai unlil finel English holy, English ivy, SLaSe argdm, Lcpdneae -tweed, fnyllan nspecti and ,,pro- by the Owner or Ounera rep,ee t,t,e- M and m mng gVwy plonlinge o+d wWkmdnehip shall he gvvranleed '9• one yea' f0ip ; g ♦ Amentl e¢,I da neetletl e thel all flnisn grotlee ore 1/2• belcw top a} odorant ¢avetl Final d wner accea.mce, 96`d� PERMIT QFT hT5 U FFE TETRA TECH u • .ppxo+rso Fole wamnswc ¢}1N�lF } NANAT91 kr.f� a row ren bAT[ [.io oA,E oam l _ a _ d. Battle CRY Of Seattle Public iH L �.n. 1420 Fiflh Avenue, Sulfa 600 WAIFIiSH F 0 s+a<u sx r .n,i. e = I?EPARiM7lT aF el�cun+� AorlrssmAllcN sA,rn[. 1V♦9111KIE11 m o� wa/Aa - x - ea C�' charms carke, uo-eal« [ilities ®ae¢� skeem., Washlr,gmn 99101 COMPANY 2gB863g900 F :2dB9819301 Sa,enr< 6 Oe:tee .�.,.. ..,.,�.�..,, �.,... oenw MglAa - x - w eui ate..,. flrR t -rryd +ors wa ..•`.r..�.•...... N,��. r........... �.,..., �a a s' 10, zo' L3 SITE REI+EGETATION 2 IMPACTS AND MITIGATION SET CEDAR RIVER RIV RI l SOCKEYE . 4T wuL 776-237 HATCHERY OLAUTY ASSURANCE i. LAN ES SHALL MEET DR EMCEED THE SPECIHCASIONS OF FEDERAL, STATE, AND _OCAL IAWS RFg:IIR.NG INSPECTON FOR PLANT DISEASE AND INSECT CONTROL. 2. PLANTS SHALL BE hEALYN Y. VIGOROUS, AND WELL -FORMED, WITH HELL DEVELOPED, FERRETS ROOT SYSTEMS, FREE FROM DEAD BRANCHES OR ROOTS. PLANTS SHALL BE FREE FROM DAMALIE CAUSED BY TEMPERATJRE EXTREMES, LACK DR EXCESS DF MOISTURE, INSECTS, DISEASE. AND MECHANICAL INJURY PLANTS IN LEAF SHALL BE WELL FOLIATED AND OF G000 COLOR. PLANTS SHA-L BE HABITUATED TD THE OUTDOOR ENVIRONMENTAL MrIDIBONS 14TO WHICH THEY INILL BE PLANTED (HAROEMED-OFF)_ 3. TREES WTTH DAMAGED, CROOKED. MULTIPLE OR BROKEN LEACERS WLL BE REJECTED. Aii PLANTS rnT1 Anil OF THE BARK OR 5UNSCALD WILL BE RE,ECTEC_ 4. NOMENCLATURE PLANT NAMES SHALL CONFORM TO FLORA OF THE PACIFIC N11THYF_5T BY ICOOK ARD CRONOl115T, IOF rsASHINCTON PRESS. 1973 Ali TO A FIELD GUIDE TO THE COMMON WrIAND PLANTS OF WLS RRN WAS4INGTON & NLPTHAESIERN ORECCN. ED, SARAH SPEAR C00NE SEATTLE A,LIOLBON SOCETT, 1597. DEFINI-OHS 1_ PLANTS/P ANT MATERIALS. PLANTS AND PLANT MATERIALS SHALL INCLUDE ANY .,VIE PLANT MATERIAL USED ON 'HE PROJECT, THIS INCLUDES BUT IS NCI LNEED TO COh TNNLR GROAN, BAB DR BARERDO' PLANT$; L:bE STAKES AND FASCINES (WATTL75)i TUBERS, CORMS, RNt FI , ETC-. SPRIGS. PLUGS. AND LINERS. 2. CONTANER GROWN, CONTAINER GROWN PLAh15 ARE SCii WHOSE ROOTRAILS ARE END .01 IN A POT OR BAG iM WHICH THAT PLANT CREW. SUDsn TINS I. If IS TBE CONTRACTORS R£SPONSIB;LITY TO OBTAIN SPECIFIED MATERIALS IN AOVANCE h SPECIAL GROATNG, MARKETING OR OTHER ARRANGEMENTS MUST BE MADE IN ORDER TO SUPPLY SPECIFIED MATERIALS. 2_ We5rhnl OF PLANT MATERIALS NOT ON THE PROJECT jST WLL 40T BE PERMITTED UNLESS AUTHORIZED IN WRI11N0 BY THE STREAM RESTORATION CONSULTANT_ 3_ IF PROOF 15 SUBMITTED -HAT ANY PLANT MATERIAL SPECIFIED IS ND- OBTAINABLE. A PROPOSAL WLL BE CONSIDERED FOR USE DF THE NEAREST EOUIV'ALENF 5;2E CR A_TERNATIVE SPECIES, WITH CORRESPONDING AD.A:511i OF CONTRACT PRIDE. 4. SUCH PROCF WILL BE SUBSTANTIATED AND SUBMITTED IN W EIING TO THE CONSULTANT AT LEAST 30 DAYS PRIOR TO START OF WORK UNDER THIS SECTION, INSPECTION PLANTS SHALL BE SUBUECT TO INSPECTION AND APPROVAL BY THE STREAM RESTURATIDN CONSULTANT TOR CONFORMANCE TO SPCOr CATION5, EITHER AT TIME OF DELIVERY ON -St TE OR AT THE GROWER'S NURSER". APPROVAL OF PLANT MATERIALS AT ANT TIME SHALL NOT IMPAIR THE 5JBSEOLLNT RIGHT OF INSPE ;Oh AND RE.EC IT IN DURING PROGRESS OF THE WORK_ 2 PLANTS INSPECTED ON pTE AND REJECTED FOR NOT MEETING SPECIFICATIONS MUST BE REMOVED IMMEDIATELY FROM 5f TE DR RED-TAGGED AND REMOVED AS SOON AS POSSIBLE 3. THE STREAM RESTORATION CONSULTANT MAY ELECT TO INSPECT PLANE MATERIALS AT THE PLACE OF GRDWnH_ AFTER IFISPE,"Cn AND ACCEPTANCE. THE STREAM RE5TDRATION CON SULFA MT MAT RE IRE THE INSPECTED PLANTS BE LABELED AND RESERVED FOR PROJECT SLBSETUBON OF THESE PLANTS NTH OTHER IND:Tn0UAL5. EVEN OF THE SAME SPECIES AND SIZE. IS UNACCEPTABLE. MEA51,B[MEN T$ or PLANES .. PLANTS SHALL COI TO SIZES SPECIFIED UNLESS SUBSTITUTICNS ART MAD.` AS OUTLINED IN THIS CONTRACT 2. HEIGHT AND Si DIMENSIONS SPECIRED REFER TO MAIN BODY OF PLANT AND NOT BRANCH OR ROOT TIP TO TIP. PLANT DIMENSIONS SHALL BE MEASURED WHEN THEIR BRANCHES OR ROOTS ARE IN THEIR NORMAL POSITION_ 3. WHERE A RAMOE OF SZZ IS GIVEN, NO PLANT SHALL BE LESS THAN THE MINIMUM SIZE AND AS EAST SOIL OF THE PLANTS SHALL BE AS LARGE AS THE MED'AM OF THE SIZE RANGE (EXAMP',, IF Tb SIZE RANGE 15 12• To 18', A- LEAST 50L OF PLANTS MUST BE 15' TALL.} 5.f3MIiTALS PND'OSED PLAN] SOL CLS I mTHh 4r GAYS AFTER AWARO OF THE CONTRACT, SUBMIT A COMPLETE "IST C= PLANT MATERIALS PROPOSED TO BE 1, HIT Vill DEMONSTRA".1i CDNFORMANCL Wlnl THE REQUIREMENTS SPECIFIED INCLUDE THE NAME'_ AND ADDRESSES ICE ALL GROWERS AND NURSERIES. PRODUCT CERi1F1CAr5 PLAN' MATERIALS JET - SUBMIT DOCUMENTATION TO CONSULTANT Al LEAST 30 DAYS PRIOR TO START OF WORK UNDER THIS SECTION THAT PLAN' MS-ERIALS HAVE BEEN ORDERED. ARRANGE PROCEDURE FOR tN5PEC1'ON OF PLANT MATERIAL WTH COIISULTA.NF AT TIMC Ix SUBMISSION 2. HAVE CD'ES OF VENDrTil OR GROWERS IN VdfFS OR PAGXING SLIPS FOR ALL PLANTS ON SITE DURING INSTALLATION INVOICE OR PACKING SLIP SHOULD LIST SPECIES BY SCIEN TR IT NAME, gJAN B1Y, AMD ❑A IE Ot11VERED (ANT' GENETIC ORIGIN IF THAT INFORMA BON WAS PREVIOUSLY IEOUESTEO). NOTIFICATION CONTRACTOR MUST NOTIFY CONSULTANT A8 HOURS OR MORE iN AUVAMU OY UELIV r SO ]HAT COMSULTANI MAY ARRANGE FOR INSPECTION_ PLANT MATERIALS TRANSPOIITABDV - Di RING SHIPPING. PLANTS $HAII BE PACKED TO PROVIDE PROEEC-ON AGAINST CLIMATE EXTREMES, BREAKAGE AND CRYING. PROPER VENTILAT'ON AND PREVFNEON OF CAMACE TO BARK, SIR ANLHES, AND ROOT SYSTEMS MUST BE ENSURED. 2. SCHEDWJIG ANC STORAGE - PLANTS SHALL BE DELIVERED A5 CLOSE TO PIAl AS POSSIBLE_ PLANTS IN STD]AGF MUST BE PROTECTED AONNS' ANY CONDITION ".HAT IS DETRIMENTAL TO THEIR CONTINUED HEALTH AND 030H. 3. HANDLING - PLANT MATER At S SHAI I. NIT BE HANDLED 1Y THE TRUNK, LIMBS. OR FOLIAGE BUT ONLY BY THE CONTAINER. BALL, BOX. OR OTHER PROTECr+rE STRUCTURE, EXCEPT BARERUET PLANTS SHALL BE KEPI IN BUNDLES I PLANTING AND THEN HANDLED CAREFULLY BY THE TRUNK OR STEM. 4. LABELS - PLANTS SHALL HAVE CURABLE, LEGIBLE LABELS STATING CORRECT SC:[NTiFIC NAME AND SIZE- TEN PERCENT OF CONTANER GROWN PLANTS IN INDIADGAL SOTS SHALL BE LABELED, PLANTS SLPPLIED IN FLATS, RACKS, BOXES. BAGS. OR RUMBLES SHALLL HAVE ONE LABEL PER GROUP WARRANTY PLANT WARRAN-T PLANTS MUST 3E GLARANLEE D "C BE TRUE TO Ell NAME AND SPFCIFFO SIZE, AMC TO BE HEALTHY AND CAPABLE OF VIGOROUS GRCMTH. RFPI.ACFMFNT 1 PLANTS NO- FOUND MEETING ALL OF THE REOU;RED CONDITIONS MUST BE REMOVED FROM SITE AND REPLACED IMMEINATELY AT THE CONSULIAl DISCRETION_ 2. PLANTS N07 SURVIVING AFTER ONE YEAR TO BE REPLACED GENERAL 1 PUNTS SHALL BE NURSERY GRCWN IN ACCORDANCE WITH GOOD MDRnU;LTURAL PRACTICES UNDER CLIMATIC CONDITIONS SIMILAR TO OR MORE SEvERE THAN THESE OF THE PROJECT SITE 2- PUNTS SHALL BE "RUE TO SPECIES AND VARIE-Y OR SUBSPECIES. NO CUI OR NAMED VARIE-ES SHALL BE USED UNLESS SPECIFIED AS SUCH. QUANTITIES SEE PLANT LIST ON ACCOMPANYING PLANS. ;FOOT TREATMENT I CONTAINER CROWN PLANTS (INCLUDES PLUGS). PLANT ROOT BALLS MUST HOLD TOGETHER WHEN THE PLANT IS REMOVE) FROM THE POT, EXCEPT THAT A SMALL AI_ OF LOOSE SOIL MAY BE ON THE TOP OF THE ROOTBALL. 2. PLANTS MU5T NOT BE ROOT -BOUND; THERE MUS1 BE NO GRCLIhG ROOTS ?RESENT IN ANY PLANT INSPfCTEB.. 3. ROOTBALLS THAT HAVE CRACKED OR BROKEN WHEN REMOVED PROM THE CONTAINER SHALL BE REJECSEC. MITIGATION NOTES uiNgatior. 5ammary The propnae4 broodatdck cdiectlen Tardily p-oject re^ ...[ruction of a , 'n i,w, .nd eYxting facigly Ihoi spans the CBdor R;uerEao•,d some 9Oppart w elrualures .n the soalh bank. The Cetlo River is o Shoreli,e of El Slgn'I'F—. with . 25-foot huff. in the 'llrbdn" environment. In order for the cahectea Geb :n I tom orted la . Landsb Vrg 0Om hotc y ICCiily upstreo. o o..... ra a to the w •edge is necessary that .lbws ¢ trcn.F art v.1, cis to drive -P to the fc Llll I, To Compensate M1br the per.nonenT loss of 742 sqa 1 Teal of riporiar vlgelalim n the 25-foot aaffei, appraxi .u.1, 1,951 s re feet ri d,o 1% bu'ler are. ould be a ncod-ne . Nonl;. �,eg,trt­ICion lr Is c Ithe -,el and r Arec w'th a mr of nave tiI—(;ncme,^g -om 5ye6lantEOl namalr6 of Insist a .rich a ray limited in a la.er Cedar Rver ripanr. rmridi and shrahe The_( c.ttbo.o.d Trees .sold be ray ac ed ,n the enhancement a al < 2:' ratio Al thou;' th. Proposed anhancemant p anlinga woLd! To Plan Lea at pw tle•aily to i,1111 where ine. .a are re we Ina total qu.nlity e' prepoaae late ,e Ggnlwaler.; to 0 1.120 liquor. -foot arch plonled O[ or ompansalion ra Llo of 1.5:'.. oochmenl of Is .species hom the w ounding., a 15-fool .d. -d,, a ontl the anhmcement a w;li aloe undergo M weed re ontl Iher. 'c ed cedw/ d nett. ar come. eeea T_ I dae;t,m, a. Naffer bI a tempar.rdy disturbed durir.q canslruc;Tor .;II .e r.,g..t,d w;th not;- bees bra shrubs (approa, 136 agaare feel). Approval Implament.t,m of meet Oil req.are6 revil. one OPPIO-01 oy the City ar Renton Sucerveian A bidogl,t a• the deeignmg tan o,crpe n"ll Ct :,I, :s lamg:or .ith In, plan ono 'ts into,l ah , be M hood to inspect and aporow all p,a.t m.terwi prd :o eppra. fnel Ptocemert of vegato Elm C- to irstd.ran NO-L. PrX, to hot occur with :1. mtrcctar, City, and the ibing,et or Ic nasoa architect from The A'a:erenlq Ca•^yany AL project w ti Mould avoid e,i,ti,y nabw .gslalion to :he oenl pract..., I, LOMJ, ell Nn1e. P•;or to prefect r e , h. 1 e - . per the C;YJ E-.gineera TESL planle protect a Cedar Fill [Der', r. �vt he god Idorie, of the .uthor;ied .ark area to m oc C;Cen[o, inlra:sias into the a.Var durinq c n.b.Cl:ian, ProlrasicnallyAw -, a slave I boon E.ries if n ...y. Evp.sad mils ahw'd be hyaroseeeed w inched t the d;reeks. Of the ar.Iagist or lonascofe orchtect ;I rlst.ralim plan ;inns not inslalfed Im mcdiatey. T Ea tcbltah Planting c a hwnd.nea . sh..n m e alone T Remove .II exlstlrg rn - ..di in . plant species kom the enhcnrem.n: o-d .eed-remowl area,, Spec;ee sp,611,olly targeted far irGude any Hirwofayan b scl,l evergreen olackberry, Japanese knolwead, English ivy, English hd,y, 5calch broom, mom:ng-glory ontl bitiersweal nighIiiii Specimen. of Inase ontl other non-not',ve one for .,hill, tilted by the Washoghw, $fate Nnr:.u, Weed 9­ re Dn$e A. c na R, or Gloss C .cede are to be removed by their .oats, grabh;nq ontl/.x ontl biggi ng Os e n cry Incidental distulbonce to sa nding hall ptanl .peace ah-ld 1. m zed, Looser any mmpnrted soils I. pt,"il oreo$ -it' d $hawel. gick .r rack ocr s Pl Onl Ina are.. it dicctctl on the oa ling pion with the n.Ol Ira. ontl area_ spaces between Octaoer IS antl December 15 during frost -Yee p.Fod. mly. Plan Bng lam lions may he liela-a0N$I!d .;Ih ei... I of the gialagi6t. Aopi;k ptant�ngs c eedad s, to ovoid ."'Sing notiw spacial. Flog each Hneldlad plant. ;ng e. G.,Is m ,ail conditionthe b.cklAl soil tom Foait,m sha ld be 251 Cedar Dove comport ar "MiWlr em Mdmil l OA4 751 native sail Water in di vdud pants with 2 inches of water immetl�a[ely aft. Prorating to naic Fir packet. antl to en oct la _a cmloct. Pravtle :emp.rary rrigatim sya:em or rooter trucks to supply. m m. of 2 inches of er per k Irom Dane Unaugh September fa the fvst two yews fdlowinq In ILOi¢tim. Con trout 1. it rigale in stalletl plant. o ... u N ealablisde4 antl thrinng, d, After plant. boo Fee, ..tall!., plere a ceep o hip 4-i,rh-d-cbi loym in '.B-incn'Ad�as around I'd,du.I planted vegetctsm inorder to Control wells. 9. motel[ a na'tiYe c sig'. to Sore 1 art e.%ihy cmtlil ;s O be 9¢aronleed for Ol or Me plOnlea speolmena la, me year Ir- the I of rn.tolls Nc An a 'el o. inspill is mode within 5 I 'O --a� t-s fen o.,ng plc.: it Ialimban :o ¢nt any deotl. be sing, a ¢nhedlhy specimrns to Ce repl_cs'. $Repr¢cement I SO Io occw duri.q f`e then-apccm,ng tlarmont season. Objectives .,it Prr'armnn-.G S:aneorde The following objectives Pnd perlorm.nce stondo,d, . been ealohlishetl to the success of this plan_ Sa_L rill no moniia... ,.0 cing to methodd.gy that is as Mined in the loosing llonilwinq and Xlarlcrtance' section. Objettive 1: A notim Wli,9 and shn,e vGget of:an ­r ty .,If he eatablisfien ;n the mitig.ki areas wit". Five yews oiler planting. TETRA TECH - �iEN NFT]Hri NiKA si' xut a IWB. o oA� 3-E I E w.....Ne++• vwlc DEPARTMEfIT OF E1rEan1E /LaiMtA51RA710N - 2 - 06 aoe 142E FIRM Avenue, SuBn B00-ATERSHIF) .r+te.M,e,He vhl WAS1tileEQ1 m .an®���-s-a es]Iruar, S,sltle. washinglrn 9d10T C()N%PAh'Y s rem. t zx-sa�saoo Fa><: zoasB�sw1 se,en<r a Dr.,`n '�2 �°i�������� Perfa•mcnce Slantlartl 1: Art— IN. planting . .I. pl Poling. wl,i meal P tv percent su rvlvel s en card of Yet, f and en 8D P.1-1rs crirl of Year 2_ Al Year J. pe,C k cover of .save species ..sold be 60 percent ond �v.,. 80 percent by Yecr 5. Perfa•mcnce Standard 2 Weedy c ver by H;malayr, bl aekglrry l.rgreen hlackberry. Joponese knot.eed. Englis" -vy. English nW , Sco1cN brown, m ning-glary. bRter.weat ,FEt,hcde or other speclea lists4 by the W.shingian Stole Noriaua ell IF F1' ds Of— A, C ass B, d• 0e C .cede envy net .recto 10 percent CC.,Cg..pain the mitigation oreo „nJ ine .eed'removO, area. u.niler�nq c c Melntenmre - of this enharcemae Pro.,, o 1yea• -pher, ia.L one or Uhlnan ce pion wJl Opi", .men Ili If after three years fdlowinq inih.l mplemenlatlm of Uhl be sent t plop, the ml Re Hon area sttieibi[6 ev. of of ercep::;a W ass, a lellx may ne sent Id InG Cry of Renton regaeeting row:,. dl -It :gc tam o eo meil;me and poaslblr lermina Don .1 the r rFq two year of m.nl-*ncl ontl mandarin, req:,iremlll Montt ori.q: The inst.;I.d vageta Llon c unity .11 be mon;t area fPr few years cftr in;l;Ol natal lotion. Pr ia• to the that mar. having v, n Aa-1 Plan/Repwt will be Prepared That dccomente the imple^,rntC tam of the mEiial I ARy nLeor changle to the apprawd mitigaelan plan Ihoi or reguired by p8d condi Llans pr.sanl daring plan ,mplemelto Llon must be documil lad ' the As-8Mi11 P1an/R,,l ontl s milled to Ir City .I Rantm Iw op".vai The men. toring period heg;.e -becomes. the A. -Built Plan h keen eppra.ed by the City of Rent-. The approved As-Bu;� iPldn/Report Then becomes the boproveo restm¢I;- plan for tutor, in oCl;a. pi6. Vo.;t.r;nq vista :n Years 1 lhrwgh 5 shop occur between tiny I end September 15, Ourinq Year 1, on add;Oonal eed inspection w:11 o rn Apes. .ed,t:anal weed In aplctlan will no`, be n n Yaors 2 ontl 3 unleeal wave/non-ne.lw .peclea eacaed T5 percent cover m the rs year During each manito q visit,. color phalagrophs will he taken horn po;nts to D. del n the As Obilt 01A,/Report :not provide ronplete c Yer.ge of the mil IF lion a cos. In Ado;Nor., Ine play ling crabs .[I be er hoo oral ineafdla.ing items IPtle_ 1) the pefconl Swvivol Of eotn p O-;ed species by plorl;ng a ea (Years 1 no 2 only): 2) on esUmota of percent c (oady species. native herbo Ceoa6 SD ee;ea, and -nbl;ve/•nv ,we specles) byPlmting ce o (Yaors 3-5 Or ly)i 3).the spec;.. composition. n bg .p<[hN aspec not-w or erotic Ord wnelner esen plon:s prt w alanletl a veto. tear'; ontl s 4) the Fell . IIh of vegetct�mfenatin9 .nether peal, or disease ere present. Partiaalbr .,.-,a, l,bw be papa 10 the encroc Chment or -,genre of Hinaldy.n blackberry. evergreen black5xry, Japanese knalweed, Engtlah Ivy. English not y. ScaiM h ream, maming-giary or bitleraweel n;ghlah.de. ma emergarre of these or onY epodes lieled ny the Wn.nir.gtm $tnie Nax;ou, W,Gtl Bdard 9e Clcss A. Linn+ P. or Close L weeds within panting oreo. will be ..led and recommencalions to, im medial. mo 1 removal will be made. FNla.;ng each ye,,re mmilorinq 1, o le ttar-etyle report 4ha11 be pfep.rld Fill the Findings al the visit. This repro[ .Malt include worma0on on the s role perCMl c antl conditim of the inat.11e4 plants; photagrapha .r the s . discussion of invp&v¢ r old c r the . _U,q a any re endatimlafm maintarnnce_ This T.Porl Mel: be suh'mnled to the Citya51 Renton ar,dc Seri Public Ufil,liea within o an lM1'a time of each Years menilarinq ..R Seattle Panlfr Oti Rile Shall aril".. al mointen.nce and repair een4a:Tars w-thin r Onues of r v T; etch monilaring rapers, oChitshot Iwwerd a me a to the CAy of Rentm detailtnganry actona trot were taken. 4.1^ n 02. Because or the pr .1.... of in rspecial in the project ore. and It- ,nHy, This proect .,I inciutle al least I m,int,,:n,e visits per Year, to pe o Ongae far ey S 11, PuoLc Ut'ui lice, for I years fdlowinq Iona ementalian of Erin m,tlg I pear-. Dwrng Inase rno;ntenonce visits, the installed planting a ontl the .Bad rem Val will be weeded by Nand to r any n shoots or n-npli,re one/ar �n esve .gemtion that era eme•g,ng. Montenonce Yislts wit ....r In April cnc August, v Daring Ine '1 Iwo sa- s following plant ins[ - ion. the Iampwory hill be m c to a ;,ly o of 2 inches or oiler per week from J Pe 1 through Septemoerel5. F"ether, if pla.t.mc...Fr to be .Neo-1 due Ic drought tlunng Ine third wmne after plcnt in MICtim. Iwo inches of water par weeK M«,Id .gain he appietl, During llte Year 2 mamlenonce rill[, any tree stokes anal be -Ted. 0¢ 9 the Y r I. oPPIY slow- ee.... granular f"l lo,, "Ch a 4amoco[eTM or of product. lodto m aclurare inatr�eliona 1,application_5 lertil-ter Ir ea Iher-hght cmtainer while um site, erliVizer should NOT o apph be Tlme ofai. rtalldt'.an o, if provide, more F-il to .lees into the Ir lild. plant. A4tlillan'I emcint...... visits may .1. be rill to respartl to other monitoring MalYrpYXGMAMEhW CE iLM41ARl' .te.w,e.Haa ca olAw .dopy.. Can,Aa. n,x.aanro taneMrAmwxtanrq ..nun.,.. rrakq y,bwf irk Vlww'�A L4 ES PERMIT S E IT BUPFFERTIMPACTS ANDI TIGATION MITI ATIONO ET Saar. City of Seattie AubliC Chuck clans Dlrertor CEDMAARy/MTIER S$ QCKEYEvADLr Pl,v1 Ho HATCHERY 76-" �T 15 a l7 0 SEATTLE PUBLIC UTILITIE§ ELoPMENT PLANNING CITY OF RENTON MAR - 3 2008 r�j RECEIVED TITLE REPORTS CEDAR RIVER SOCKEYE HATCHERY BROODSTOCK COLLECTION FACILITY Government Lot 5, Section 17-23-5 r�Z er •sw '_ r" _. �p •w,vl� r.rF y gyp' !•' � ` ^ -- _ aosi 't d i 7 - t5 � � r 5 � � 1 .. `- tit+ ,•�r> A�.. a 1 � -fF �, OLD P. Rl w vied PnaFrc No�aviwi, ST r ITI,E order �T� . 642167 Ci)1Y1 ] �Cl�l of W asklri tors, hIL_ -a not: a P1aC of vu, :Gv. 1 : is fu lliL;h- 2�3 a con--nience to Lo; are th(e land inrll.c ac ed i'lere_roll with refereace "CO) streets anal i.er laly , NO liability io assumed b-,.A reason of reli.aw,�e hereon. Y r PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, wa0hington 981D4-1511 Senior Title Officer, Mime Sharkey (mikesharkeyipnwt.com) Title Officer, Curtis Goodman (curtiogoodmaaGpnwt.com) Assistant Title Officer, Charlie Bell (charllrbell pnwt.rom) Unit No. 12 FAX No. (246)343-1330 Telephone Number (206)343-1327 Seattic Public Utilities F_O_ Sox 34018 Title Order No_: 642167 Seattle, WA, 98124-4018 Attention: Effie Moody Your Ref.: Renton Fish Hatchery A. L. T. A. COMMITMENT SCHEDULE A Effective Date: February 12, 2007, at 8:00 a.m. 1. Policy(ies) to be issued: As on Scheduie A, page 2, atta.11ed_ 2. The Estate or intere}t in the land described herein acid which is covered by this comrri tm ant i s fese simple - The estate or i.n`rre r r­fF,rp+l rn hel.eirl is at Da"e of t:tiitment vestE:d isl_ Ci`.L'Y UN REN1'ON, a Municipal corpurat.iu;t NOT 2- SEE. SPECTAI, EXC.=PT.0'! NUMBER 1.6 RE:GARP1rIG EXECUTLON OF THE ORTHCOMING X"TJMEN,7iS} TO BE f,-SUR 'li . :} . The land referred to in to i_ ccmmit-mcnt iS si ua ed in me State of Wash ngton, a:nd r:rl lnw- A9 on Sc'neciulo A, page 3, attached_ r A.L.T.A_ COMMITMENT SCHEDULE A Page 2 Policy{ies) to be issued: Order No. 642167 A.ALTA Owner's Policy Amount TO DE AGREED UPON Standard W Extended ( ? Prefnium Tax Proposed insured: CITY OF SEATTLE, a municipal corporation NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING TRANSACTION, PLEASE NOTIFY US AT LEAST ONE [LEEK PRIOR TO CLOSING SO THAT WE MAY INSPECT T142 PREMISES. S.WORK CHARGE Amount $ BS0.00 Tax (8.8%) $ 74.80 (Schedule A. conLinued) Order No_ 642167 A_L_T.A. COMMITMENT SCHEDULE A Page 3 The land referred to in this commitment is situated in the State of Washington, and described as follows: That portion of Government Lot 5, Section 17, Township 23 north, Range 5 East, W.M., in King County, Washington, lying north of the former Burlington Railroad Company right-of-way (also `.Known as the Columbia and Puget Sound Railway right -of -,way and the Pacific Coast Railroad right-of-way); EXCEPT that portion thereof lying north of that certain boundary line established by Paragraph 10 of Decree entered February 6, 1913 in King County Superior Ccurt Cause No. 90072, said line, running through the southwest quarter of said Section 17, being described as follows: Commencing at a point on the east line of the southwest quarter of said Section 17, from which point the stone monument at the center of said Section 17 bears north 1°49'10" west 622.61 feet; thence north 54'45' west 55 feet; thence north 60'15' west 270 feet; Llietice north 61'30' west 270 feet; thence north 78'15' ;nest 40 feet; thence north '13030' yrest 23C feet; thence north 69'00'40" west 225.86 feet to a point on the easterly I i.ne of the right -of -wav cf the Columbia and. Puget Sound Railway (Newcastle Branch), f rom ,which point the stone monument at the c:ririter of said Section 17 bears north 79'50120" east 982.79 feet, said point also being the tzrmi;_us of line cescription; EXCEPT rha*. portior. t?:ez'ei,f ',yi.n� nort-,law�,_sterly u' t.lin soothc:asterly margin of SR 405 (pr_imary La _e Pghway No. 1) as descf ihed in Deed _ecorciec under Recording 910401-02'15_ END OF SL_H DU_,E A NOT FOR 1MF0RiLzT.ICiNA.L, CNLY: -'_'ie fallowing may be used as an abbrcriated legal des: 7iption on the doc _. Tten! ,, to be recorded, per amended RCW 65 . D4 . Sail ab:n_-ev; i ated legal desc_-iption is not a substitute for a comniete legal descr-iption .�i th i n rho 1�nriy of t-hFdnr"m�'t�t _ Pt-n. i;L 5, Sec. 17-2 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC- A.L.T.A COMMITMENT Schedule B Order. too_ 647167 L. The foiluWillq aru Lhe LCl3Lrl LR--McIiLS t-0 !JC r'CSlnpli(--d Wi Lh— A_ Instruments necessary to create the estate or interest to be lrlSured rzlust, be properly executed, de1ivexcd grid duly Lilcd for record- B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to he insured. II. Schedule B of the Policy or Policies to be issued {as set forth in Schedule Ai will contain exceptions to the following matters unless the same are tizspesed of to the satisfaction of the company - A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. C-ENERAL EXCEPTIONS: 1_ Nights or claims of parties in possession not shown by the public records. PuF)J c or private easements, or claims or easement E;, noC shown by the public: record. 3_ ;ncroarhmentG, overlaps, 1-)nunrlary na r3ispuY.�s, nr nFhrr matters which would be cisclosed by an accurate survey or inspection of L'rle prc-raises. 4. 1ny lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and. T1 �hriwn by the puhtic rrernrdF3, or- f.ie--rs. iinrier t-he WnT-kmrn r Compensation AcL not shown by the public records. 5_ Anv CiL1 ox r.zght:s us cz'tr d by anvcre including but not, iim.i:ed to pe~sons, t.c:zpcarations, governments or other erntzties, to t-Lde ]ands, or lands comer is.ing the shores or .,;ri'.rr'xn:; of rt�;ic3anle ri';F�rs, ialtr?5, ha?;s, nc:e_an :7r .�c;l;nrl, nr lands beyond the line of the harbor l.iznes as esr_ablished or 'hzinged by the Ur:itea States Go�.errlrnent. 6 _ (a) Unpatentec wining claims; ?b) reser.':,atiorzs or exceptions in patents or in Acts aUt'7CD:'izin.3 the 'issuance rherenf; ((-) w.-ir,-r rirghrs, rla:ms nr rirl�z rn w":O-er_ J. Any service, installation, co= ectir)n, traintanance, capaciLy, ut cosistrucLiorl c^arg4s for sewer-, waLe*-, elect-icitf or garbage removal. a. General taxes not now payable or matters relating to :;ppri.al asses3--m-nts And special Levie if any, preceding r}lP same becoming a lien. 9, indian tribal codes or regulations, Indian treaty or aboriginai,rights, including, but no", limited to, easemen_s or euuitable servitudes- , C. SPECIAL EXCE!"t LOUD: : As on Schedule t', attached_ Order No. 642167 A.L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEP'ITCNS : NOTE FOR INFORMATION PURPOSES ONLY: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOC MF.NT BY THE RECORDER. FORMAT: MARGINS TO BE 3" ON TOP OF FIRST PAGE, I" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PPPER SE7R QF :4O MORE THAX 3 1/2" BY 14". NO ATTACHMENTS DN PAGES SUCH AS STAPLED OR 7.4'-PH5 NOTAPY SEALS; PRESSURE SEALS MUST EE SMULGED. LNFORMA'TION WHICH MUST APPE'A1? ON TYIE FIRST PAGE: RETURN ADDRESS, NH.IGH MAY APPEAR WITHIN THF. UPPER LEFT HAND 3" M-1,RCIN_ TITLE OR TITLES OF IF ASSIGNMENT OR RECO I.L;Ya_NCE, REP%FZisl`!CE TO PECORDTNC NUMBER OF SUBJECT DEED OE 'I'PUS`C. n? •M,fFS OF GRFNTOR'.S: PAND OR?NTE:E;S) S,:ITH REFERENCE TO Ar,,DI=3NAL NP,MES ON i-OLLOWIN. P? r-:ES, IF ANY. _.B3.P EV"IATE , LEGAL DE-{'RIP='TQN (LOT, 3LOCK, PLAT LU.-ME, OR SECTION, l=;=rINS iiP, RANG- : A,1,11QUAPTER QUARTER SECTION FOR UU?IATTED) S ;BECK `S 77.tX 'PARCEL ;•11S17RF, 2 (Ej . Irnn`inilt-d) Order No_ 64216 A.L.T.A. COMMITMENT SCHEDULE B Page 3 SPECIAL EXCEPTTO S (Co-nt,niiF-d) I. EASEMENT AND TEE TERMS AND CONI)TTIONS REFERENCED 'THEREIN, TPICLLJDINC:, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Chicago, Milwaukee & St. Paul Railway Company PURPOSE: Electric transmission system AREA AFFECTED: The description contained therein is not sufficient to determine its exact location within Government Lot 5- RECORDED: ,7aniiary :1, 191A RECORDING NUMBER: 1126401 2 . EASEMENT ANO THE TERMS AND CON[ 17TONS R.ETFRENCED THEREIN, INCLUD.W.,, 31T= NOT LIMITED TO, THE FOLLOWING: GRANTEE: Puget. Sound Power. & Light Company PURPOSE,_ Electric Ciansmission and/ur distrj.buticn system AREA AF='ECTED: As cons=ucted over or through said premises and other property RECORD} D : December 18, 1970 P.F_C'.QPr-i-I'h'C, t"EIMF3ER' :,72'1;195 3. r,ASEMENT AND TNE: TERMS AND CONDITIONS REPEBE[dCED THEREIN, INCLUDING, SLIT NOT L:IP4:[ mD TO, THE FOLLDIN1 NG: GR 'ITTEI✓: Puget sound Power & Light Company PUP PO;E: Elect-ic transmission anti/or distr.ibut.ion lines AREA xEi'EC':1F;U: 5tz.i-p of .land, RI)I1 Eee�- in widtli, as constructea ever and through said premises RECORDED: June 6, 1950 RECORDING NZJXBER: 3006060011 S ,1C1 ins—rUment ?S �z .__-recat6,lnj of irlsCrurnei-,t-ecc-rded Lincier Pc or d I 9 MI--mber 7309210103. ;continued) Y I r Order No. 6421.67 A. L.T. A. COMMITMENT SCHEDULE B Page 4 4_ DEED OF RIGHT TO USE LAND FOR PUBLIC RECREATION PURPOSES, AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: RECORDED: REC;URDINU NUMBER: State of Washington January 1.8, 1990 800i18L)S21 5. RELINQUISHMENT OF ACCESS TO STATE HIGHWAY AND OF LIGHT, VIEW AND AIR BY DEER TO STATE OF WASHINGTON: RECORDED RECORDING NUMBER: Apri_L 1, 1991 9104010275 6, Lack of access to and from the Land_ Limited traffic and pedestrian movement under the freeway structure is permitted pursuant to the terms of instrument recorded under Recording number 91040102'1�j. Access to the premises, if available, may be across a railroad right-cf-way to rig¢ tvPsr. 7. Terms, cundi.t ions and provisions set forth i.,z aiiv railroad crossing oe rmit . 3 . 7"i.911:ts of `1 `at a rf washingt-nn i n anri t•n rnat_ pert- ion of Fa id premises, comprising the bed of the Cedar River and/or the bed of the former Cedar. River. 9. Any prcitibiti.on of rr_• limitation of use, occuparicy or zumrovetrx,tht- or t-hta lar),i resul`ing frnm rhF righrs of thF p;:hIic or riparian owners to use any por- ion is now uc li is been formerly covered by :;ater 10. Pa.�.amount rigih--s and easements in favor of t'-_e Unite(ll Staters ff_)u CoMmarCe, navit3at ior:, fi Sheri Ps ar;r1 the pro lncii-_ian o` pow. --r. 1.1- :=.n." quest ion rhiat n,a� arise due to the shifting and chan^_ ing in course of tLe Cedar Ri 't_C . 1?. Any question or c:lairr warding rha trim ht;izniar ies of t-hr_ forr,.�e BUrlington rJorzherr. Pai:roar; com-pany righC.nf_way, forming the southerly bcundar-,r of thtt Property here-:.-i aeacribec2. (con' need) Order No. 642161 A-L.T..A. COMMITMENT SCHEDULE S Page 5 13. The property herein dr-,rrihed is carrin.d on r.he tax rolls as exempt; however, it will become taxable from the date of transfer to a taxable entity. TAX ACCOUNT NUMBER: 172305-9014--04 NOTE: PLEASE CONTACT THE KING COUNTY ASSESSOR'S OFFICE AT 206-296- 5151 OR ONLINE AT ''WWW-METR0KC.GOV//ASSESS0P'' TO VERIFY THE TAX AMOUNT DUE, AS EXEMPT TAXES ARE SUSJE&F 'I'O CHANGE WITHOUT NOTICE_ AFFECTS includes at�ier property 14. SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IC UNPAID: YEAR: 2007 TAX ACCOUNT NUMBER: 172305-901A 0d; M- 0 0 am ffm 0of]"OWNI SPEPTAT, ? TcTR CC'T: S9 .21 $0.99 TOTAL BILLED: $19.20 PAID: $0_00 TOTAL DUE: $19.20 &RFFC"T'S ttc.l._'. es `},ar nrupNrty 15- Unrccozded if any; rights of vendors and holders of security interestrz; on personal. property: .,.stalled upon said propett and rights of tenants to .remove trade fixtures at the expiration of `hp t-erm- 16. Satisfactory showing of authorization Foc 1-lie proposed conveyance by Ctc: City of P.ento;l, a municipal corporation, in accordance with appllczble Statutes must Le subrr.i-ted. 17. ',Knit the amount. of the policy tO iD-e Ls pro',rided to us, and onve-red an the c )maiW,efit as the amount o= the policy to be issued, it is agreed by every person relying on Lh� COritinitme.lt t aaL we will not be required to approve an,,, policy amount over $100, OOU, and our local liabi!iry -ander thin commi.tmen- o0nll not exceed that amount (continued) Y . 1 Order Co. 642167 A.L.T.A. COMMITMENT SCHEDULE B Page 6 18_ Payment of Peal Estate Excise Tax, if required. The property described herein is situated wiLhin the boundaries of local taxing authority of City of Renton. Present Rate of Real. Estate Excise Tax as of the date herein is 1.7896. END OF SCHEDULE P T;.:Le Co Cris F,ic)p. t} a:, e:carn_ncl by: �1=,✓ :i?C11.1r.12S SrOu! Cl �3� [�i LGGt L'Cl l�(1 �)[.1 U.L ti?e t1tic uff LCeCs set tooth _ni �i C:l!F ClU JM/-79112. )0259 Government Lot 5, Section 17-23-5 � i)-r'09YY v 4 y % 4 a 1 i� �I w iv ii a 9179 f 4\10& N PAca:ic Nom j\_vi,,-s't' T�JTLF. order No- 642167 -- Cc�rnaiiy tYf ti5'z�i�inr tt��i, Inc. Iri.;=0;'72'11T: Th s tint a Plat of Survey I`_ ib furnished as a can°: t^n.iene:c_ t o 'Locate th,e land indicated hereon with reference to streets and other land- No liabili-,y iu assured reason of reliance hereon. w TI nS P)ry .`n FRe eECnRM'S 4'SF PilP(l for Rmwd at Rrqursr of UTY ANT)STATIi N (7' as Quit Claim Reed r�J r• ra r.. 'CI tE (;Hr1h'TDft" PiIGF:'f SOUNC} POiVFR h 1.EGF1'1' CQCNPANY, n Washington tOrp'bratlon, fnr n`hd I ronsldrrarena of _.en.6o11ars {$10:DOy and other_qood an€1 valuable Considerati.dny_�_._ ronrvys ,and 41M rh,lms re _CITY QI RFNION, a municipal cor�oratian,_ _ _"- .. Clio! fnllonring dnscrihad real estaln. !rSWAP(l in the (01niy of V,; rr — Stale of WriAirigtnn: Vint portion of C.avernrrvnt Lot 5 in Section '17, Township 23 North, Ranrle 5 Fast, , lying -north of C. a P. Rail- road right of way, excopt any portion thereof lying north of that certain boundary line estabiiahed by paragraph 10 of that certain Ivcroo in Equity, 1(lny County Superior Court Cnuee NO. 901)77; n1Rn r.xrnpt any ranxtiDrl thereof within No. 1, known zn Stato Ilirlliway No. 405. Subject to: t:aaementa, Restrictions, Reservations and Covenants of P,ccorcl. r ,�.1� i4H RtCepp,{T eE�UISt lH f TRANSAMERICA, TITLE INSUBXNCE CC)MPA'NY 10633 N. Z18Jh F,>.l' STR 9pl.LFVUY,, W S' RNGTON 98004 Q IN 4l ITNI'S5 WHF?fiP.c�F, salrl rnrpnrntlon has couead7hisirteirurriifnr to hp exeaTsterl €,y IIe jiflirrnfFlrer this _!Z PTTCI;'1' S Ufvb-P L[G a�I Title Man gerr-Real Cstate Division 'STAYF,bI: WA9k1NGT0N' I Ss. COUNTY10>: K NG )x T)n°thla L'1 day of Na✓rmr�r�_ 1979 hforasFne thetEnder6lgned L1 ST,1H TF A. 0'f'INbR. 10 mkndN.y'itlo'he the of'Plt"D5t7' D'�R A"f3L'T'Ctl?v�ti NY-0ihe C, ipar t n'11f�f exert it €bd'thy"fdrd i lit�lr�ifle6}n#tit`'d°d io4 lep dCt�,e' i lr r rnr iifiCa betEii�fiee as<ii i ry eedwof AIJIMtpbrei♦ ro Wtha'usee and purpiueEth'bAITEM ii'�d. ndr6�'d�tn teF dtth'i� he`Es"'ti�l'�drfo e>�'e''�iteP[he ea[d"1itl�Ylient. VYI7'}�£55"iny'kfa�i'd�and'i�fflcfel t{eal$are€9 af�ixe��hetdej�'"end��aeryEiret a�ve wrllthn. Noliry�Pfhlie'ln Ad'for" tl Sleta'o1 `�Nastfir��g{on`ki�sltlirigat �orr+E�c _-- R coL=—'i ar, 4m. ;djo garto -i a Jennies Sartori, his R Plaint if f, vs. No. 9002. D 9 C, R -E E 41)*p-11 I*R or t on Clay Cosa Company, a Dof a red an t Th 0avite having come an regularly for trial on tr:,s 7th day of . . . . . . . . . . . . . . . . . . . . . . . . . . in court by their atsyl,044 xO --04 plaintiff Ignario Sartort loing present VOW* po**11440_4 ON" joroonj wd the defendant being represented and preuei' ir court t:r its attornoys, B&Ilinger, Battle, Pul"art he Shorto, aW Halt No-aser, and having thereafter heard and considered the evidancer and tostizony offered by the respective parties, said the te5ti-;.ony having been closed; this cause having thereafter been continued f^r arg'.Lmert b-y tho r*mpactive counsel until the day of lql,7 , at Wh -1 Oh time the sums was argued to the court by connsel Kr the re— p4rties, AtW the court having now fully convidered of auch '4Mrf4*tAo* and lano other 6vidence ainca absitted, and havlop dins run ............ . . . . . . 00"l-dered the argument of counsel and now eing fully advised in the promisee, IT IS UOMSIVERM), ORMCRKI) AND kDJ!JT)j"d0) by the ;-.ourt UA plaintiffs }FLVC at SLI) times since t-L.e 22nd de-Jy Of Uarak, IA8,9, kzean, and they are --ow t'-,e owners and in pon!5eFjBion of -I— f ol I owt ng deovr Ited ]ante is it uated in t1x r, r,.!­,y of te Lots Your 7 ) a!-,o Xi F, i. 8 f of Was,:Inrtan, to -wit, (4) Rover. B*Otjon Bevent*erj (17), &-1] in Townchip Twer:t-.­t-.ree (43) Nor-: 1i -an F- e Five (5) 19mat, W. U. I d 2. Tl;&t Lit& 4afsudaiit liala.&t &11 -ir- -li-eb .e. LL! -c--- been ni4 it in now the owner of %he following deacrll-.ed la -,.de sitja'r'k�-e in Fing, County, state of Washington, to -wit: A tract of land aituat*d in 7,otB Pive and Six ui-kci i,: J_ west mmess'of the Bn1itheast quarter of Sect Inn 1'.: Township 23 5 Vast, described as follows' R ell i i re at a point on iouth- Orly boundary line of Itheright of way of t?-,e PuvlitSaunid Elec*riL- Rallwayo which bearm north 00* 021 Oast 190Q.29 feet from quarter corner on the mouth line of said ;Sect ion 17, t'nenee north 5'?* 12" went. X".S reit along the ftoutherly boundary line Of tr.e rig7ht of -ay of the Pucet Bound Ilectric Pallwayi thence following said cf way Line a n. m curve to the left havinj- a radium of 1352.5 feet a cjetanaeofA, 48t feet thence sou 0* 410 ORA t 573.5 ft; tYienae South 410 251 east ft; thqi 0160 301 Seat 716.5 ft; thence north 890 251' east 411'T ft *!kuth eO* 341 nuift 15.44.5 ft; thence South 609 t 3C3ie,rtoe north 320 48m eas 41.7 ft to t'ne r. 0 'utherly boundary 2 t': A&t Of W&Y Of the Puget Sound Electric Ral11rR3r* rly boundary lint of said right of wuy which Is 30 oiXnarly- frost and pars2191 to of way Mfl the (101 f9 qnund Pnllroad 149.�' f* c�f:, e carve tn t'14s riph't. t4&­&,r',Vo1nt at w., I c j : u t iu, , a ri t La said rA"'WW 4— - rs r D.- tz. Ong aald tangent. herring north 5711 121 utharly boundary line of the ruj-et Sour, Flag a Railway— a of beginning, containing 19.99 acres - the 10.92 -ed deed _.114&'W al'ove descril tract as was convF,, from Vis Boattltr-ia Cov.pwny to t)_e Den.ny-Renton Cl&­ %.: Coal Com- paxior the. y rd dated Apilords l arxi OuntY, Wati�lnrecorded in Voltme 467, 87, c'r Deeds 'ton; ancl t)--�e 4 Act-" - ­tct cor.- ec A � v*Yed 1,Y dead I (Battle Electric Co.­.p. y to J),ent^r Co-..Pany dated July T it-borded Ir. Vol. 33P of Deeclr, at pa4e., '-,3 of t=t r"cmrd-A of said a ty* Also that portion of lot. Lsix Wid of the Souttwe t f :quarter of t:ie e..5t quarter of �',c* - ion 11r.., townehip 23 Y*rth,, WO 5 last, WM, lyink of t)ie rrrtierly btoankary line of of w By of t pauiy an tY,e onme is now pomepet3ec c'.,d occupied b., t"ho sod d 17ol1mb Uret Sound Failroad Coi­puny, 5 Purat Sound Ball 3. That t1l" t the thread of the Sty 1906, orXI for rzftny YU UP011 tl:c 1ortnerly of boundary line between '?.f! stove _��Licr'_T-ed lends I!- ed I a ,-.d 0 of t c P_ 1-f- ^d'Irt la of Cc-lar River a,-. 3 prior t. -rp"o- Plai 77tif ra, Of Said li„(" 7 the souttieriy n1de of paid lira. 4. T`-A,1L f,r a 1�njz period o- d ned W)d Opon it n the following doncrit-ed I ai4B aitoated in t!,e of ateLtLoh of Washington, to -wit.,- Lots Your (4) Seven (7) ax.d Sootion Sayenteen (17), al) In Towns',ip Twer-A-.•-t ree (23) Nor— , lianEe Tire (5) mat, V. M. 2. Tha.t Liam 4iol"Andant o.11 _0 .L"e'u _.e b44M ard it is now the owner of ':he deiscrl'�,ed lands situated jri King rourity, state of Washington, to -wit: h. A tract of land mituatied in Lots live crud Six ai4 in t' ' -,e brl-;twe a t Akiwtor of the southeast quarter of Sect Ion 1�' , Township 23 rth 0 j[4004 5 Vast, described as follows: Reiri -ininF at a point 01'. south_ i*47 tour4ary line of thoright of way of the Puget Sound Electric 11#11V07o which bears n*rli% 000 02t scat 1900.29 feet from tl.c quarter gal %z on the south I inie of Said Section 17; thenee north 570 121, west gr .,t*t along the southerly boundary liner of the right of &y of the VuVe t Bound Ilectrie Railway; thence following said riVt of way Jine an A curve to the left havinfr. a radius of 1352.5 feet atansgat 1W feet thence 00 4111 east 513.5 ft; thence south 4111 25* east A-60 . 2 ft; the 4 I)SO 30" scat 716.5 ft; thence north 690 251` sat 411 .1p ft M., South 1101b 341 8&jjftL� .5 ft; thence so%.t'- 60* *oat 3. too north 320 481 ear 41 .7 f t '. to t,, e a'a"u t harly ght of way of the Puget Bound Electric Ra:ilvay4. �#Avs &10 - rly boundary 11A* of Said rif;ht of way which Y.3ate„0: Ina outhierl3r frcm and parallel to tile i, of way at tho Vol I 'U ClArve to Sound Railroad 149.11 ft o , '7 � r., 04 r1f)SU t*"i&,j*jAt at wl,"Jch t)Le t tu'j'an-t to S&Ad *"r" #'ftftrg *601" 12 wash ng said tangent bearing north 570 121 W.0'r Ut�o 'Mi7b ft tharly boundary line of the Puget Sound mee 0 of beginning, containing 19.99 acres- IeEis the 10.92 above deacril�ed tract as was convti--ed 'Ly dead from The Ben, A C=pany to t).c Denry-Renton CILL Coal Com- pony dated I and recorded in Volume 467, phi,-e 87, of Deeds of thifi) re co Ounty, WashinFrton; and tY:e 4 acre '-LLct co-- voyvd by dead! #tattle Electric-oi:.p=y to nentor, "' i:,.v Co_ pany dated Jul)' 7.1 1 ad in Vol. 332 of Deede, at pare t3 -• of the roce)rdi of said .0 Y:* Also that portion of lot.Six an., lot , ti'i n a - and of the MG*t-AW6 t quarter of tha Sotit)-,e'LBt quarter ol -action 17, township 23 North,, W9 5 last, TIM, lyir,F t-E-st"rly of the rnrtk�erly b i icry line of U--e riK'.,., of way of t. I umt I a de Porat Round Hadlft 0011Y 90 the Gme is now posneeeed avid occupied 'v t)i* sad Voltiib. I` Ueot Sound Railroad Company, 5 " r,T Or ett ion. In A% 3. That t. boqndary line between above 6tucrilad lands gg�'_Z' I L.-AL ove_a4Acr1?ed lands of t.r nefendant is. ----------- tho vread or the N't", Of Cedar River up- 1,2 e tf.)'iS'1fd in T,eCd&r:'. .,f.r "txi for ynnW yw prior L plaintiffs, .(j 13 1 :",n 17 uPOr, t':e !'iortherly st Of said It the southerly aide of laid ling. T"Fit f-ir a nir p:priod 'T. 4 MfLlritit ned mr(j 'm14 '&Pon itf3 ea Id' !r;r.ds a larfe ,sire plant for tree mw_fuct�rre of tricky the an., ct, Clay ? end II&S continuously maintained and operated t :ej seune t e•-eon up to the Present time. 6. That during the year- 1909 t;:e defendant ;&rFe ¢ipoeits of clay, omrth, stoney and ot.•,er aul-•stances into :. oi,ei•-nel Of tislifi 3'1'iNr adjacent to its said lands, and t-erety to fii i in t?:e bad of said stro m opposite to wid upon the pinir.tiffs' =+id l rrr je and has continued is to fill i.n a larre portion of t3ald ' rt4 of t:,e Stream until the oo^rnusncamsnt of this action, ti.nt t..e dtfenaar.t '-;as; a:aintsi ned said fill* a portion of which extends over and upor: the plaintiffs' landsp until the present tiura. T' That by rot"On of the filling in of ti:e toed of Paid stream aforesaid by the defendant-, the defendant has impeded t;:rr flow of the waters of river ar:d has deflected t,:e course of saic strew= WA t .tr,a aausedtthe, isuers `thsreof to encroach upon a.nd flow aver tr.e, ak ovs described lands of the strew:.. to loave1 wru: &Larydorr its t:.�e c;:u:ir:el wr,ereir: it ;,ad t,.erato " fore .fl,orsd+ enA bas th*rsby caused t'^e! true boundary etween the lands or tno plaintiffs and t::e defendant as aforesaid t ecc::t obscure and uncertain, w-bd tnh plr_.ntlffa arcs t!:e defendant have not been able to arree no to the location of Srd d t oundary c.- to e3tablith the Owne . 7. 'That ra§Lbcn of Iihe acts of I::- .efendant &.n o`-atructing Cho f' ow of the waters of said r'.ver an aforesaid ena ur: air; the to floe over upon the lands of bite plaintiffs aB a!'oreea-d, the 'Plaint iffe have oe"n ti-szms�F+d in Li'x -. f twely� dollars. 8. That tha irucl;;ie of bona'! 4 r:rik -)r t u:- of ('edar Rider as i t existed prior to t ne acts or L e!'erdri:t • f :•e ::-:a': ove wevittened, is as follow93 Conrxretwing ut a-pnirrt or. Lrn l,arrk of Grsr hiv-- : r:ar the east boi%rAa�ry line of said section 17; !'ro:.. wrric point -.=.z t::ewider 4ornor on the north hark of Cedar Rider ' ears Korth 400 `.,3' ;30* W. ro.40 tact. Rur;ning Vnenaa wit: tre .;;ems=;dens Of _.,,, w'. , .. i::iIt oi der klr+rx., ties foil()wrfng courses ems, ;,{atancea End th s ! 6" 30• heat 120.33 t' faet y .. f feu+? West 151 .41 West~ 204 . 51 = sat 26%.9n0 " ear th y 200 2 6 " l , y 33 ►17 " i MW 129.78 t % �- °�1.2 7.11 " r 21$.25 r 156..85 " t dSl.95 " 1.13.73 rk7 V��3g'. �i( +J, yam } 11010 267,.40 " delft; 185.95 ' �j��c Llie ri rbt of vat: of t}:e3 x :RA1}way (idarc�a_le L r�.r'c.•:? _ _ r:;? c:: -0113t 6 E i i �IS t.�i6 C�71 raw^ i� 5�iCPC ��,'T1 17 'i e tr5 th s tru* line of the north bank- of t-te ttres.ri+ of O.ed&r . ' twor a it exAvtod prior to the ecte of t?�e defend&:,: x tri�:i.""— is as follows. at t�ao wesander carnar on he north of cedar Fie�* ..of said lseati on 17 r fram Which ou: gar a atoneY ant bears Forth 10 50-' 200 West, 25 ft 4 and t'r,a q L.&ryaz 7 Oil G4 &st aide of —said *46t�op. 17 beads `;ort'-. 11P 58 , 1� ft. It"ring thence with tie �iaAl74dei'p Of � ?Ior�t: ixSi the fol1tri.ng courser ax4 dl#_.&noes: 620 45' 500 West 116.` 6 feet. West 1.40. " 4. t '{i'. '' " Waist 210. " 7. »:;5 r - tip 391� '301 West 290. 0. Tort+-h .256 :,4' 40* 'Wrist 2FC,.4C - " 10'. Worth 550 west 140'. - 11. Nortn 590 West 60. r to the wmt�t-ounda.ry ® line of.lot A,, 4n maid sect -ion 17. ",o,o rest.. Running thence wi',.,. t!1,2 ..,ewiders of '_ne z,-, :.:Lnk =)f c4*dkr River, ties f*llOWJrLp COUrSOB 6WL' '11IRtances: ftuth 830 56 " 3011 Went 120.33 feet South SaT 481 Test 151.41 5'7k 400 hit204.51 16fth 613 0" It went 20S.9 0 v 2uu.Q�' !0 A 3 t 289.26 P T at 2151 . 44: W worth 200 i6t 54.415 *Or th $010 lfij�jt 33,17 *0 Wi A 267 .2'0 11 300Worth 720 40 footh 8910. OP 500 ifest 145.33 Sar--tb 53* I811, 309 VA:11t. 129.78 Worth T36 561. 30* ftst,-L27.11 • NartA 379 06 w Vost. 218.25 $4. 50, V*st 163,09 South 446 300 W*st 156.85 !South .30*.,': 30x I 'at 111.86 nth W 69.95 tv t 113.73 „ may'Ift t 205.59' 1�.a4 t 272,13 C) 200v at 267.40 ; nth 770 17 t' 50"'Teat 185,95. • 051 300 Toot 3945 *17 t, an the 5&at*r3.'y lint of the right of va­ of t­a goo Railway (NewcuuLle "L;rw-ich) point t-lie stons luonume nt in the center of aaid zactlk.r I- I eYrs North 770 550 50M "C'1034*80 feet. the tru* line of the north bank of t-s, etream of Cedar : Itiver as it existed rrior to the acts of tie defffndmn'. ­.erulr-&kova is as follows! Comertaing oLt tha i.,,*aLnd*r corner on t'lo north of cedar Rivel and an the *&at line of said section 17; from which corner a stone- Witn*46 MOAdment bears North 10 561 2010 Vogt, 25 ft4 tiid quarter "ovion COOKSr on the cast side of -said section 17 rears llort"' ick i13 1*00 Toot If" rt RurninF thonow with the r: eandere of north hwik' ar xi#4r, the following cour.ofts aza distances: T" lot 8. I. - Bouth 620 451 500 Went Mort h. 096 UP West 120. 3,_ Nortb 406 30t Went 140. 4, - lfortn O'D 43` West 210.-- Z. North 390 451 West 160, _ d.- x6rth 4i� 0 15, Went 30").- 7. — IlOrth 390 301 West 290.- e.- Itorth 3819 451 Unt 4;c. - g. North 250 341 400 West 2 0, C, . 4 ID. Worth 550 West 140, 11. 14 v r t n 590 West 6(). .- : to the wpzl: I(_j111id&ry line of lot A, In use id section 17. In lot 7 li:. North 66* 110 2U" West 153.33 feet is: �t�h "0 SD* Test 3C',. " 34. forth S3* 30' weet ZKU.- " is, _ Xorth 88* 46st 80. - " .11* Ilauth 74* 46' West 9U. , '18w South 63* 30' Teat IOU.- " 14 • South nw ' Test 140, - ' -20 South 63' 30' West 50.- " 21. North d3* 30t vast no, * 22. Worth * Of Vest 130. " to tr:e xc;ut ! O Irdary line. of 1.6t. 4P, in said, *ectio.n 17f rtmm w:. _cr, 'point the some monuvAnIt wt the center of said sect ions 17 bmArr. 'Xbrth l+ 4A?v 100 ■ent_ 563,77 ft. Jn I 1 t 4 23. north 6.�20 211 iC" 'Vest c 261 .63 -feet fig/. - ltorth 540 15" lest c. 280, R 96. ., forth 7811 45' Vest x 80. " 26, - i'osth 71 ° Wont d :80. " 27, « ._' ' ,:""*t 142.�s7 * to a point or, the t of W of the C63.,mbia. and 4tdti ;, �estle branch). From tri;ic point trio stono monumsr t e,t the oenter of n:tid election 176 bears Yortlb -81° 581 low Luat 936.G7 fee.,. 10. That the thread of tie streams of tssdar River as it existed In Nctmher3 19069. and for :=:ar Y '.•cares prior to ret.o,. and which is the true I-oundmry line btrt..;een the said ]andis of the plaintiffs and trio said lands of i,�x defendant, is described Iss fol loess � secCeM.one ing at the point. on t e mast ?.ou:,dary tS t of eaid tion IT, from which point the meander corner on t.. rort, renk of (!*d.ar Myer boars North 1* 581. 200 Test 37.57 ft.; tl.e htone "onur,wm 1ok ii ■ rrttr�Ms oornor to i xsen er .cornet, mars mortis 10 .56" w� t� h# A A At *hieh i s the orie- juar` � r WAR heave north 1� � 1i Nw - Stitt'f 7'47`G-i6 �.'•r' 4p�.::.g; 6 i sL �css i 1. youth d 15' ■cot 95. Feet 2. South 4611 vest l4,0. " S. North 80* 461 Weet 170. firth 639 4,b' West 210, " west 16U. R- d . t arth 46* west 295, " 7. North 3810 well* 270. " 8; Worth 260 3V last 25. " 9. North 366 Ust, 5�. " 10. North 29* 15t Nest 27D, " 1-1 forth 669 151 Voit 70. " In lot 7 12, - North ±Sly• 11F 20" WeSt 13. Xnr9) Test Y'^. " Mort': 560 30Wort 2t-tU. 1b. }Worth 794 V$% Wont 150..- • 11S . North 88 • lest Bo.- " f. .17. _ ,South 7416 451 Waet 9U. " '19. South 63e 30 Test 1:iU. " 19. South 28e 46' West 190. " 20 South 63e 30' Feat 50. " 21. North 636 30' Test R0. 29. No rth 486 451 lest 130. " to L "e- wet'o . -.d a-y l i •�;. of ] at 7 in said section 17, from w:.' c! ; c int the stone monument aat the center of nuid aect.on 17 isoarc; forth 1. 490 10" West 563,77 ft. n lot 4 93. North 62+ 214 l0• West'4- 261 .63 feet 24. Xortb 54. 131' lest 280. " 95. North 7t-9 4151 West- BO. • 26. North 7i ° lest 280. " 27. -, North. 7'3• lest 142.;.7 " to a point or: the At"terly line ..of. the right of way of the Cbi ur-bia and Pi.tgit Roia-A Rei: jv" (Newcu.stle branch}. Fro!. w:�icn S'^�"t t�N etnne r�onurent e.t the c*nter o" ....a aertic'n 17 keurs ;arLu 8t° 5E9' IU" r::iat `s3u.0 `r 10. *,hat the thread of the etream of Cedar Rimer as it existed in beaember, 1706y and for :.:r '.,,era prior t' or ;.oi and w};lah is the true 1,oundary lire r: -e-an t�,s said 1 indj3 of the plaintiffs and tht acid lands c.!' .. :e!f-:ds*it, :z! deiscri': ed ' e.s iolla�rs t Cw,.rencinN.- n.t the point on t:„:► enat c,u::darf 1: ±' said section 17, from which point the r:eander corner or. _ . t 'r e_nk of Cedar Myer bears North 1+ 581 200 West 3'.57 fL.$ t, �.'Je c,nur.:*nt.,; which is a witness oorn4r to said meander corner, rca: :.: rt:: ] ° .r,E� 2Q• vast 62857 feeC he st rin montasent which le ',ne �a t/► a ►id +INt tisaa 1,T t;eurs north l' �. 5 $o i we ` ,� r "' - ia.. 7 .. . ?; C',i -t~. ly`. 'F'i�'. �.^. ` • r' _ 'r11t�R d �.11tRl70e■ [ � 1. South 630 15' West 95. Fee; 2. SoEi th 84,0 45 * West 140. " 3. North 80* 451 Weat 110. 4. North 63+ 4,'5r Meet lU, " llrtY3 66• West tali. is. !forth 450 West 295. " 7. Worth 380 Wak..V 270. " 8 Worth 2,5" 3UO Erist `Lti . 9. Norm 360 $a.st 50. " 1U. North 28* 15t West 27�;; " 1.1. north 669 15' West 7U. " r� 120 North 580 45' Went 30. a 13. North 700 451 West 65.40 to the southeaAt corner of lot 70 in said sect inn 17. Thence in lot 7. 14. North 700 451 West 220. 15. North 690 301 Went 215. 16. North 530 West 65. 17. North 749 156 West 80. North 40 301 Went 250. 19. North 600 West 75, 20. South .W West 120. 21 8 1� I B West 45. 221- a U th. 69k. 30, ftot 50-. 8,r� r.1% 3V West 110 t 00. ► 8 0 U th, 30, West 55. Nortim West 90. • '4i I Vost IdF 72 • to of lot 4, ire s11 1." 17* The *tons monument at thi center of said section 17 bears North 10 49, 100 West 622461 rest . Then** in lot 4. 29.- Worth 6010151 'West 270' 30. North 6111 30* went c7u: 31 �51 West 40. 32. art 230. 33. North 690 001 400 West 225.86 feet to the s"tarly line of the right of way of the Columbia and Puget Sound Railway (Newoastle tranc)i) 7rom this point t'ia stone mon=ant at the center of tsaid sectlon 17 NOjLt1,j IJI 200 tact 962.79 foot. IT IS YURrfXR C'1NH11)XR10, ORDEREM, ADJ-7DGM) AU.", DB"PFFD 'r;v ti--e t s. j bor atlftor material in the alti,nve described nhannel of said stream. IT IS rJRTHER CONSIDVIED, ORDtkjC) &D7'TD-'FD t'-n 1inn 1"t A},nvo described be and it in e r t 1- Y i s t aL- I -. n.n e (I a� a " -e 12, North 580 451 West 3U. e e t 13. Worth 700 451 West 65.40 to the southeast corner of lot 7, in said sectinn 17. T"heno* In lot 7. 14. North 700 451 West 220. 19. Nor tiffs 89* 30, V*et 215. 16. North 530 vast 65. 17. North. 740 150 West 60. Is. Nortb "0 301 Most 250. North lj�r West 75. 20.. Spt2tbt West 120. 21 8 01! hm ..1151 West 45. wi at 1,70 U Wit' so. -25, 3,01 tit 05. 26. it or th best 9P. 217, North 46,11 Vgmt 10?,72 Oer"r of lot 41 n The stone m ori=i tire` dontor of said section 11 bears North 10 491 101 V"VIARS"e'l. foot . Thence In lot 4. 29.- Vorth 600 151 'foot 2'?0: 30. North 610 30' Ifest 270. 1411315, w"t 40. w*14#" e? 'so" Ihm't 230. 33. North 69'0 C41 40' West 225.86 feet to the *66terly lin* of the right of w" of the Columbia and Puget Sound P"Iway (Norw0astle branch Trom this point the stone manument at the center of Baid sootion 17 boars Nortri 790 501 20* 1"t 982.P9 feet. IT 19 rJRTFXR u-:')KSIwXRRD, ORDIMM, ADJMCGED ACID 1111V'u10 hy t--e A 004i. v w'Or M-gtorlsl in the above described chpLtriel of said. IT 18 1 JRTHER CONSTDIMED, ORDERKD A',7 ' AD at t'nm 11n,- ImLat a) -eve described be &nd it s -tral-y lotEL'bl:S'ned aB t---e true howidarY lino I,e.'WOSn the ahore deecri`-ed Itunds of t o1s4irtif'f'a and the errors described lands of the defendant. TT IR FUA i t C(1?d II�ERED, ORDXRXI) A.'TD ADTITD-ED 7,v t :r: teat thw r1 !oiriti ffs do have nnfl recorsr of ci from t--e de''N w,int ",,.eir 1 oasts in this action. Done in open court tnid da� of Ft -II r+.gar-r, A. D. \AIM\. 1 to `O1 Us*zo kt X 1d Jan 21-13 P.-29 lit liar 3-17 t.1 Dew► '; antcn C1k� &rd C:)al Coapkry a carp of ELT t,� ChlcWo St Pwal_ -ne.11way C"'p&ny a wry €r tha tuta qf Umh fp doae foci it�s12' , t�.nd fa; a s eucG rnd a , and 14 &1 raps Ya ,i cy to t +? ��� l Pha r it . t4 a r yet raai t ar, 3leo trV Ion ey stdT, , C. rrar , along and aor-�®e the ft & des ra Pty sltA ir. a €i tv A t.rant o,land x r 10o 5 t d, aid and tus 9W Of all in Sao 17 tp 25 a of x 5 a�ot w za. kw grte8,2 agt-�tj tuvE ange3 4 at r�,W.O o ; ,a.1u� st , within 30 (toys fr e.t :�f r'sq est t;-:a �.0C at z011 Of azv ar.chor. , a rlbor .eels on grantore pty �n cone in'uarf-sras with ti' conduct of th8 haei of the crealtotf ltn eunc'r3a a trfmoi .iozior: wir,aO &ne,,ior® and guya } and the r#gr, to oJeat tre&o from Rnd4ng,.1trtng ~hi 1 t- _tliire bd=g 28 smohars and 2 c r ibw 1n wA whvf sd carp has cod this invt to be duly axad core e1 no sit r;;' �i �,o?tr`-lay and Coal Ca may by 'f r! �'- Lrserll g Yid Proa Doc 8-17 by I J Mathitwo , a4d Inc )? Keana n . vice p ree *xd,. Ow of any neat t ry egrny' end coal C , th.a carp t awed s.4. �. - ¢ i .� .. ti+,. �rE awn 1 t �,iP tY . �461 4 4 r T ghf 3 .��w_,tA y n jP form .. ��� fat R . �4SrAD , aa11 1R aila H R sf f + f r rr�s,�rr sr n rr. n r WP 16Y_ z= Tn re "lag cap shack f tom $1 s000 *OGO <00 to $1 ,5C)O ,OVI. () dlvi4ed imtU 1 l50010i10 aharae of thl Saar Va113 oZ ,tl awh + + laoommt 1 Jam 'OU-13 2-30 3.186402 Colo van z and hwf , Mary Vsn Zavanhand of kow at t.1t� C _ .- l"WIMe, � U PA 1 iiailwa_v �omzpany a carp of ,p do for W1v@.* and for tnair nre , aegne , .mod 1aaa� raps Mey - hXd op tbo right tc aract an mainte-in an 414@t.11* Svetam ; uvcr ; al.orig and " ors the foig f� l� Sp*V1fA4(- j' agrood taa.t the rvd or wit -a leading to _40boir .044 %hin 1:r idd for eha11 oopraw out of the row an t pitinside .of the rr r of w fatwe 91 "atem 4nammimin& of one anchor only and the nape stagy guye. q • i /' F' K� � �t r � r cat 0 cvrt�OL ;T's tY# w g �r e� ,Ca i � t+1f1�'y{tfif►t^'�t.� ��fiAQs� °'�41bi7 tarRP.l��R�K' � /,��, r.�� � .._....,_-, i �:'t �"` 6. a a'+ cs �� iYo n-ritirevat 1/4 of �N"biPl€541 hK 114 Of `ml:uftr '`6 ""l wae+atbr # psml r 01j: ,� .` �^ a.ifir. Kjf-h-m -Ita, , Lwl t7 "" Ttfi of v,° 1. ' k'tn �y gcc45 WR[�It tr first Parlt P,trtill ralrye's rP C'lY ahasl Le Zaaimwd gv-M &,a. 5a'€ w,, €i? Z4 +k• bi.y �,_- __v �_�_ Eaal-niwk,tk-vwvz: T==--==;fc =eS* ku.141 i - 'E •CAS' It> Wii sr�- 'ci ¢-3oi;.7w€'.6o � E TKX!+'aG79 U17 UZ daya :;sing wjt- �. a L WIP of i d 40 fleet im 4 s fswir4 20 f�mt of Sty wii,� h ort each side of a cmWr4jM- des=5 t i�p.. ��tht On zar Gi cu�-..tim 47, ` ii� `{1 �F 21 S �.i W.M. e tv= PJ 2VG!;" W. 3o.30 caet to.}.� 7 Tni t r-, tv-M- 1 Ef, ' CZI'kti-- n". ca te-I;r; i�',-nce N 6VIV27" W,-?,O?.`Y4" to S3 imt -Crt. 10 67, to point 9ty, wii tax vmm.n°us of s&d,.,v,�.(ntoki . mid f 41 rust fvr 1 d =C1Wi�i .-rr at mints £eed �tzr ,babe o aid IV 'IV, as ti*j'1tiwg: of psi 51 ir, wWtt ttv,: cm11ir tjl of vkidt extrwgl. 2�111441ZV' W. a dL- tlllr� ti t" rizs y:ria point "S"; .-Ai-%, a strip of 12.14 '.' re SO a ft�»us� strus� .t:,�.1� ,ors:ie1 "ad adjask"t 'tc de seK:tinre51seray rein o¢ riett of way .' !,Cira IV'"' A'it71x "C": A strip Ct lt,akl a' In width tho C-Cfmttrl-jf3 OF tltlkt rrXttML. +"1.u7.Et/et-iy ri dir,=M of 4o c�t �>"5i>da said �Gsi "C'. I Plarpaa[r Gritttse .shall have i,,ie rt g"t v —"-4^• r:eruw. rriwiam. rrpW-. rtvlase aM ciLserae case or r re elcctslr t:8tism4961tts =V ar OrtrltalOm lilies Ir,;,r &z j nr under usa ;E;.t'ei'•Yau tsjvwer wire, &LP -,Px^ %nary or cnnvelIK111 gar.c,'lanree therein whlCh are r4"1 limlc,-, to C=r folltwlag Br Uyarttesd tacil1tle8. Pains 9r&ur towers ,:th c rr-acnr ,[>. �rtrey tzilys end rr jd,1g eli�tric tr,tt7Smis91an wd dkwrttmtlan Vlnes. ntrlrL6r'1cidt n s,.i .IWW Wi L' tral:ato.=ety b Uz(Lar arnl�d ts�eititie9 UndergruLvid cwvlulls rarl3,. va1:1L5 mar•-llr;lks sw'ir:-h!?s ultt: liar„ ... mw9 "-ml Ourle+l or grr)wgd mot"ed fdcilLir5 .1. r o,. perch; tritasfnr'mcrs and ?tillriwtna :P:e lnfda3 rnu1mctlaa Of It5 fdrll, l.,-n .,r .+ mes from tJme x -'a=c• :.T*.! I:2:e5 ifm older racllttlER a- it .raaY rUgt,,re a AtZtr43 C}riu9tea -Y:ral] nnoa J.r ,„n: : .. �.. .,,. w�. ��: nl L4 ,r y. .yver rn.^. err rrs:; In^ p7.7;;,,rtf; t� . rst lc Crer-ree to exercise its "FjTt5 ltere�rtlyr g,ln,, �ritr_I U:nl t,rrrl:eu r ; li —= Luen531e Gzw.t r !nr any . rtstz;.�,e Lo the P-Qyerty t.-uesrsl ty the! ald r101 ::i ;,r:cBss 3 culdwA O8 'P`'ens. GirE:ac, --nwl lizve Ow r'gl;r 1, C^.nt or trim an a7-13 C tivush or :ree's vannd:r.A •nr gr"vtng t:prrn the Rig:[-u3 ii'ay, and !dam tnc'ri z to (Vt or trill[ a.y trees .:aon vie ?.W2rt7, wrll_n crr,lc:- Lii G.'Mric" -, rc4_10 u.Ne jt dgpne %t. i"e ,s I,1 f%-u S4t-a� S fhcitit5eg. - 4 [;raisin{a U" r, ;;ipi v"wr• C—wror ressrvec :Flo r± t to Ise tier Rlott-N w3y :nr -y L..' onointwnt wtun um rt&'1ts Nv..rein g anted �,rnvl•t.vl .ic; .,r .,.+.. _. ,1 r i cuns:rL•e'. ur ..4irlt3irl r .;her eF rt%cz ra G Ihf, KIWI q! Wa` 2T.d! +. J'IPIilAll ":5 no I)ii5t1r.r Wlti;"n akl its ' - �- srlr_cli Uar ;l pr'ol ,rAW— ag.r--e^: L � of _ _.� ..0 r -i+i •. ,.1'r`.Cr, u!Vi C`I TJ'- liVi•',yl.':'�.�d1 ji- �'I 1'�. 5 S£• .... ,,. [f, „ � �, ., 1 _ - a ' ..r.. � 0,`I'g..+L }. k rlgryl {•'�r:l`.Y 1,r¢ . �L^hlic•-. �� r ,l..on. 'f(SYf - Pr � �ylvgtiq �q[ •- Jv^.x:L..r,;- nl .,� , .. '� - -' • --.+e ... ., .... y�+ iG'+a�vVgV'r ��"` :a Fjh_ , rr,-t, n,Jt�" rr.. "-. .. , ,.�. I -.e.. -r' T..-.. „•,r.. �^1J+�11Jy P "a", li ;.r:_n'[•N Y r ... L J. a, a t,+rr -C y�y � 1 a 1"TN!. 4 _�� f:5' i i T S i ! t J U" r1,'��•rL y� +rrf - .y;'. _ s: - -- �. . ': a.' `r. s• y i. �,�f T.YJ art �.1.� � �-{ OXMTY Of , On d" tilt persawALy sW6WW before me iVa- sae moron 94 be dw 4'..I'IL"H dsrr:rib4W to and mHo 4wAvutri tlar wwaa aW W"ft alb .- - �id o �._.�,-'. _&l�Pnd dca same m _ _trer► aW sfo��ary ad at � apt' 00 11e�W pra4aNe 1Narelnmmidaumd. € im tour my bow ate ttQw'd $ad mia._._____._ ft r>; �P�{16Tai mid ter tat Z�irtt d iwhv Q tafai at _ . - CC7fi1NTY OF )MI.LS N ta% -,kLi '. " 3( U9 ei . M. jn _ lWaft Me. I." UUMMj:SMd. POr A;peared C=d'I'`'d ?dl .[tL - - - - 'r'dF .. F,Sj ! _RYner - m the U)pR tfse Vtce President �_ Asat , Secretary , respectively. of _- . INTIWAC£ Corporation _�_ the corporationthrt AR44 thm lorr�tety htct�runent and urxr:.owle6,�c� Ln� xu1 Irmtrttment to n� the tree and voluntary act and deed .d for the wSes ann purpese4 i6ie 3n rientIb(wd, arrl "M oatt[ Stated that chex &:e� rate t4 s_...4r.4 t„_ tftS seal Riflxad Ix the corporate feel of said earporaw,* i hahrl am oiriclal seal hereto 12tf>.ed the Uey am year first aboye W"tlen. Nary PRUle iD mtd rar the stare of wrrRittams, rmaidbw a►, n TA -- Wrens �o Quit Claim to �;ran.tor all 'close rights reserved by Grantee to ly ■ainta-Lft and operate an elettric pole or trnnsmiaeloh Tina trgethar with wxzar, cross&-ut, guys and othpr appurtr,nances, uphn, &i:zag, over at ucrois the trace of parcols of land as uc+ler^d t., tndentfxre dated August 20, 1934 be- twwan iugst sound Po*er and Licht. Cnmpany, party nt t_'1e first pat-, and Cladding lanai. a Co., party of the spcovd cart .tart ,L9 re^Wr•led 5epterm, mr 4, 19,14, Ln Kin'; Co:mty, t[rahi:+5,tar., audlt�r'a fi;p n.,zher 7Fl 1. all in :cwrnuMnt Lc_-; in thQ aourl%west 4 of tho 9?vr--,Ptic• of - •erne i `. -' JN R`.'E. w..4. n � y u 1 .;7reH .MA'ra,a iAMtr'r �' �'� � � �� ��r iSYrMnf. U�{ M� SNMIR�F )i��. IrY #rr� � I•.ialillM1: ,,: e m MtrAH?AN f i it#kiMlf eb1?Il U C* (kWt;9 W iR'1c0*4 o0ffiitl iNt�W,I.`#� kGir ailp 4tf 8trs ; ku wmA k4 t�redwi 4' b ami4*�e,,'A #'pl0, �.4111tjo w�' ?SIR �ee-,4 -A te {tlCi#rA^ _- 41w ry4ip%"Rga mkrm i4 §k'suki, p,;t, ,) alld lu 4ira ,r1; *4 G,aarow MagApf a Co t4wola- _ aw W-WW'"n raiarto to so "S ddf'I,sr x(fl,aa"j �y Sbl M4 !Wantzq. 4 IT O 2%*Agri1 ;w �gfd�tks C:fwtaa�.httdida: is to t:ar{mialiar. ttodf sstljanivMri WA exafeutr>S extrier slm ism of tltts .5rllflpdf LYJmw;tirt, h2rs'.� t'eus irsnx�rrr•_i auv ?loyrsneu• 1?, i'i1S � �:i W tkxrts Lixk jaisu ks x cupwadem 4Wy urgzaaIW af9 earctitt uadC7 ;.he iiwa W- Cir a:::c t4 Atfw jtrafiy, h2vi< lWW axtarporeied txa liar 4. VM; asd W tea"As GLWdiq, Ur-bftu im _..neporatian &* atVWl"td ;Wad rttiatfY4 Liar fire [area ('i€ OW �i t:at�,rtva� ;vritr{ baart iw*raaret4d m Ap:a X inz4; .,kW Wmixl^s Lack joisu ttan an 7rt4JtcC"'0d c4f4W ,yrer.4, cuw"ing uF S.0% :nsrcu u4 tSr?6 F'raierrrd !:rtxS:, F30 p� slue, al r�.itich esu rita,rts are rrrc :: v:r1 r� � •tfrretr+�i:ryCe and 3tiiiG.cM1L varra oI Cu_sa.te Ymwk M43t par VOW *Kh' of *t.Kh 1,94S.1136'haera are 'mW i"%d mod ur,asae� a" a lrtd7i3LY 19,itttd shies are " to tttmmry ref ILtKk joust; aad W. a�rti+ �3setrtr�"ksmwica7 tau au .xuitnritesi 4plsl tier R cnrtnio.inZ of ! /3(Yr) sie�tc+ of stoD par ve x cart. rA which 76 stlatas art r•ne tstraed an:1 srwi A of which arc Weed h7 Lac" ja:nr. and W,aaitctsa CAbA$ g. Mcgetm has as aall-. ! zed nptraf st-ck remsiilttW ri 2.500.OW stsstm cd C:apew �tvck, $S star sabre t wh, of whrrh 1.724937 .hares zee lure tssurd atxi outsuodme, end tdrw.aA. t.`.rc am avrrattly ontstarAnC rn)L- t- to fatrrhame UAW Sheets td tier caffmsem `tare. Sltj1 fw vWw, 4 t�k loud which ate eac:ctrahfe ;urirW the trrryear prr:od eczwacLeSm; At J w l'Ra2. and Wwttt, the now, of t7srxcrnre --A F,Irr:ro�'•,�rest. li'<fe jamt se? Gud&ng, YScRrao 4rn+ <t ,n the I:n7 e:rtrrin4r ri rlrtx -hfr iu3t_-i to M the t..n-!•'urni •-.,rlx, ret4 'I .and mnr rest m--twc %tmxk tddms :hst the i:.rAututnt mrrt;rd L tie: nrs:tr.. }rjrrduf. ad W A?Elins the: BMM <A Di r•-rtors of rch rd t"e itrnsi.tSx:ent f�trpvta{r•]ns Iua xjtf>:4•n1 th:a nbrer rnrn[ �t PAtr, of 'A" gcr. ^lusr, Ttrmonnve, ihr ConxiWWm CarVxntrrxs 1.;'j h—r 4Cr-e rr.sh za,b ut?ree thst L.xk cant ante S.iaMiUg. Lfc Akin ik rxxl M EleAm Chevy ' m in :issertng Carw..nuaa pursmrr to mr able Litul- of Grta-Srr, *4 s jerrsery nsd C.akicrcu Ltxl teem the arms utd contfit:wm bcrnn niter sct Iuth U;xiit !ter refr: h,c :,,r ,.e rh,a at;rrmn: a.. rrrmr„(re+ Ir 1; �,: .f 1, Ihr name of thi '.i urw nsr� C"ro- •�i.,,,Lai:-� Ihrra„-r...:. F-:.r .ti. �,. .. - a, s. r. ar,.f r •nrv, .r.rr h-r ,1•.al' n ,r err - .. -- .r a ,., I .. ,r - r _.... . •hr .:art ,i f)r�s era:• i i 0 77 V'+�_? .rpn do*Lift 4t do &hiving Crr"l9w we-&wAW,10 supk*" wjb a* �h[nii�a96 ti rr of ets�# b kw. ARM" LV �QYt #dSt a fl•'? t O 40miuca, thl mw" MA phut raw =�9W"r cs 1: �L tiirx iWt i L' a Of loin Siii' —IC � W10 eRl'M VOW llsoir Sr1Gt:e:L-3r3 We: ej.MC W »za be"ktora: wam I job, F. % We •• AFC Y. Gel j wi *tw U. C'.a a Arian M. Hii A, Jr. 41. ffkrx� aria ". ueaogdy ftWA 7Kasaimn Fredwrick H. Ki,glsdroq, Tr chwim E m"km AINO hfcgean I ws&--y C Morwn T. S. 1'eu>3ea C- W. PIe311e f-iendr.r S V,n Rrntieciarr H� •a.d'1Ttle Alban M !fish. jr- Prenedew John F Be'ta, Exx"mvc Vicit Pre;umt C. W, Finale, Sms -r Vrtr ?rtmkint C. Matf Albrrtw3n, Vice Prnkkent H"rh W. Kennism, Vice f3rt"Wt David S. McArt. Vict P"- idtnt Marge E. Naplo4 m t jr.. V-xz Pl ss+i 7 r'maum Ht�dr,k it Van itrn�sciarr �'rcc Prrsidcn[ foie A R,te+r. �,ccrrta y r, y r, v f1 1(ti `Pfl ut it) oiu up sawo. to ftd��ty: Voli Y�,,1��.t. W'ati� " K Cad5W+,mm i� n�Y�OB10rr.-� lPn lie ikllwe: Avmw, FAU Ommwr. UM jam 115S tM0611 R4kt am iaa. Flrwida % S.mW A+awr. Rmakkys 15 Wm Ywk 150 >iGMiW p Aram Eas (bands. New jr2W S4 Wa0 Sttevt, New York 5, New York M Dai two Arewe 0r,$a{o 2, New York 22S Dub SutK Sao Fr9msm 4. Cd"rnia }lartm halt, Hla tort -Sheraton HOW. Pawl = S. Gtido rsh aO auA 50yel. Sat FraeRrrra 4. CARfamis 29M Lct Faille BmWmrd. Lu AmOm CiWioeeir IZ Rvikde Avicew, FAst OrsnM hlr. jersey COatmadsd Sank BWg- Sak Lakr City, Utah fffimer,a Adk 150 Rufl dgr Avrnae, Eau Ora q�, Nn, Jr -sr, I50 Fi6tb.lgr A."iw F-w OrarV, New jersey 29nl " Fdu BoWerud, Las Angelm Cald-mii 15O Rtuledp At"yAe, fiat Orana, New Icrsry F9'-'l !As FeW Rerdesasd. Las Ar4dis, Cafilornu 150 Rutie*e A.a nw, 1 Ag Orange, Nev, jersey ISO Yadoftc Avmw. East Orange, X-� J&fs'y 2WI l,,a Frf.r Koukvard. Los AageF�-, C Iifo n 150 R zltdgr Avrn:u. Est Ckange. New j,rser ;50 Ritdcdgr A,euue, East Orange. 4cw jrrsey 2 t", :tom„riy' S i •'.,�yt'..'�.I: a; ,s 4+4� "aero+M1 !#(s-mod u- Ir' 11A(i ItWit Nit df �`O g*jmj,* (AAm R !tr ft)f VWAs * fir,Y � nllt��Ori �+jl(Irt Ni.a#i #� �3�� o!`. C. : sas►, it lwr viiN+ rrstl 3•�,2','f` rlGlirlfa i11 �'� � � � The 60M @#A WOOWqa Of 6@ ttr*W, OW ff*JO Of t9WrY;% (ha WMI lrlr *900L A* AW ttttllMR s� L9Y�fr d, *A Am" a der c4ho it"m Ott?egrf d" frda dtK[eat fif till 3tt:Y! � �llri'A�n�►t.: !sy W* 1Ft m SUCOMMOn sm*� Ago Ate• "lOL ni Loci Nat =hKh elst: be &am aidtbio ft,mmtr &'Dail bed+iqcd and cootem-A tnt; we =(rare of C V*m X the smvi'.* C.-WW k (a) Each dl w id C#W stack, M fw' ,ralwa of Lilradditq. M-Pean which shall ht ;Monad and M-l"m In a M fLft tiew" &tc of ibh igiemmm !.A" be daaxid And tc*vtmnd ialoaisr b�i€k Of 111111W SWtz d $% CO+r1316Ya Corcrerf.§k Prefertad Stock, $lfdf} ;r,,,r r:,iwt, of tiv, fay ::9sAm,16 AWAM+r Cptumo Segdr, !.)H* W twktar a; Lack lvintr .pith% m t}w Witff4rrt firm at Otis Agiammi6 A" hart Crew lneacd and bit tiouL m4aig pimum t rt 4a Guldt Optim Plot IIPW* rd by ioek pcirt altaeriteafera as ?aril x 1%Z. altar bt notrmncd f.m at i lnecmm m aptut: W panclam in ftwy u unbu of dam, .1 coar cn Stuck 9 por +due. of the Surv6hW Corpormion. Said : tc:lc C lstiat Plan ,hall ccimittttr tit tort AA a !;let's Option Pfaa of rare Sntvivi"y Carptratiost, and tlst "I'd of D!rtflvrs c( 111t: C'ursi%ja'.: Crrrporatioo elttl have utd mar exercise &'1 pours thrrrin cueI rr-d an the Board ti 1li mr:rs r# Lom joint Ljw, u hc-rrirmhare set forth. each tyrion oun-mtr-ling Ihermnder 4=11 hr 11.Y 1 the same terms x" conditions ala! have the scree w6wh were centained mrrem rvr r ri'arr , print to the e•$erlive datr of thta agrattrwrit. (d) On the d}ettive dam of th:a agreana*t eat_", ovird aatd outstan<ang slats of c�vpral stunk el( f o-Cbetrrical, 0 rf which are o=ord by lark frnnt, t,,,l each t.serrd ,err{ ont sta"ms ;.:acre n( -pital sturk a' anv C:• ,mtorrtt C'uiwsrahc,n wh,rh um ,uch eflecnve rsatc is o.7" by a GSnsirlmm Corporinm i,nclur7rng any 4lta1rs [rrld ­ the r r:. ui. rt t1:r .,urr .•t -,x:, staarra 1, shall hn ranotilird and ail nghrt ,n re l,rez there.ri .trail r,,-e (r} The 8% larrfrrreri ,A of ',,Xk bent. Whitt: 1, anth r::r s•n: n__� .� r ,4 maaled upon the r3caive date of thus agreement au i d• yurvt.vtg l'�arir>•,t'.:t,n .! a!i 'use M anthUTSty to •s ae Any tuck stork Orr and ilta•r it* 09 trse ,lme of this ,rir . rn'. rl"II 1,.,1,1., .,i r' t.an ut Lock joust and .act, hesfder +d (7:q z,' `wr�R of iixddtn�-- McBean hall, apes surretitdrr of lop eertihot: fear the taane, rrceive m exchange therefor a t'ert+ferate nr crruf+tatrs rrpreernt:ngr the lac, -eft number of full +hares of C'nsmnon Stark of 5^o t_I rlttf7.r,'C Con,rerlrhl! Prrfrr e-d Stuck. as the case rnav he. of tier Swnivirtg Corpnrattem rn whictr be tit eartrtled porswnt to the xhuvt-nxrtitaned r=fmtive rates ki rn.dtake- Tht Ssstvivitrg Co"mtkiri shall nut be rr fia and to 'eswt any fmc6cm o: s ;rare of its , CILm u ;alive CoovrruUe Prerle+rrd Stock vpnn tu.,•-rr,i:r. .: ,:t.,rc. r,i t_., prtak Sex► d GladdirsIe- t4cAnn. Nut WTI in lieu thereof issue ,trip urttfiralrs in t-carrr !a:^� rqp -,rntms surtt (r a<sru+r ur ira[iir;tt. d t i 4 e s t+k9, +fie; Est 1k a` wo ems* +fie I at ilk,! 'lasi oil It * go" if tiffs f#M*;t% 6r ..i *k the AWW,4 wi rwow swu w r;A srrJ4 tattifasm art no WOW&WO q**QW4 &A-b *k iwok P*bO1j, ^. ?, IOW OMwakfr rruty oa rf[r lit{ i* 1p at E#p ;t dv� tha twwt pia Ahd &k we ? v* fost'M+r4.* 44,g bg tt PW4*w*' ,twit b" MWO hi t* Tgk Agw w gvww CA dw som ?2*k t "Sk Aw W24,iw 804 at yllt *jf I die Ke CA XU4 cra .& "w Ma acts a::h am utitx 5epi+ wr r •i'k, 4 I t- tyf kt&za 5 ua aarr� d If." emip Lvlxkwa,.S] % t%q a f,+ttrkw kAwtt%j the F0 nu 3 d c)E tkM pMWA d da 14P. tt?*1 &a with 3k a` O imu row. Dfn= t# lci� ` alLift& airbitbr hnTT tumm PWYWA fz& thr ahatdo kw► L%* dime tuA uwtw 1�401 kswLft Ilia .fhR Am of S* es cct'e3racTc 4st18aru �Srsrs; � t!x eilssu tke terr�cr Uu31.� ard'rdmt. �,tS ri�s�y'-`ki tE7`iy f�2Rir caw able, tCti17 w#,W ae t4 dau uE 6r aluou W . jrpi✓yps�ttr tlq d ii"� Ad& She twat ti?4 wx,,tm art pTgETq GE ,tht Iw-f* dig c wm-at, AZ ffr"7�746�f3i' Qlt` "Okeft thrr ar "tw ystlYt.w'tr% BGiOI: fay ttt1eY91{5 w, :r,z t ,t" dwr of try agTenuitk. Ow i of t4wld �Yr smic of Cd 14mnv3ort aun teal¢ to have any f:ote WW" teSINCL tv s:.--a tttark (el1CSL•d Suns h ri&!,�i��i �.�e( r, yy u&v vv as &A4rrrtatg dwt'hokt-m of 3b holikys al fL7ftr ii1 tiftrUM a� fTIX Zi{iFsltb 4EI3a� rEt 5 % CUMALa ivc cuov rt Ut prblerred Stx4), @tti (ex_ -to as a€amaaid) their sele r:* ti tj:aii ! wan P=pv s 1-,, tho stxtk !arse ar4� attrle aim as t„ w) hare deem re--atstad b; d-M i (4I!'4' CL,E rT3 (a) Upm flit epewtnre cs%" of Intl ak"erm-nz. t4r re¢mr710 rr,rte+ux ai 1— :. Jont std Gist4iiA�, McBetn shall e . L_nrk jcent _rill (Aaddmg• S9r.Btr n shall be merged tote the Sar'wis w C_osparatim xM aU wW terpft;iac the r,ghr, pririlrge•. jnyw . ertrmurotrr And fra ttrsu, jubfie cr fpiT5te, i of rach of its ,n_t A!; j,ngrrn, rr _ f,rrtrntal and raised, and sII debts hue to env ui the Crmatttlrrnr t-r,rynrat�on. ��„ „hatrYer —r at. u rfll !ar stock rrah:-'t•ra7uwta ea A oWel [tact, or tl-snp In ar•,rm, and all nr rs r.. :rt'.srr �nrrtrel of o-L �rlrmh ny tp - due cad, d iJx CI>.tsdiurnf f-i,rror�nnns h-.I hr i.4m .unk •+.w•-,rA �� �. �ryc .fnrr�i ! � anti vesleJ . !te su",vtot C. Nntinn otth„ut butter In nr dtrd a, m n,h A Lh, ('rnarrtr;srd :r Porulmts a:os prn.1tv., - ,.rcr, �mmua:+tr- sn.l fr3^lnIGC3 and a-u asui miter re,I,ully fi:r psn7,r, -.1 ;hr a± they arcr* of t1w trcWu.e Consfthrirst C�orf-srartons, artd tc� tr::; rn a r xl estale or any rrt--Mt dicj". whether vnteu ''ay .feed or-iSr,—. of Lech Co-,slr wr i Cn.krrrrat,,m s=d cot rea'a•rt or ,be io u y way int;wsrcd by rt-tson nt thr rnergrr prondmi htrerrvrr. that all ttr� of c; editare sad ail Isms Em zny ,r,t*),erty ni mil i-onstinttm Cornara;ioa shali br ltrr "rd an,,m€x:rred, u d cch Conati!y�.tt CX,113Ma , mxly tV deenrM! V1 r'J;Ittltva an t%t31tIXC rO the ^�lfat i1ett112ty In orCa ;p prM" IlIT Si'rr, aa:l all det>ta. iiafnhuts. r", tnctirms, dunes anti ob€ratio^,, of t h CDnStiww - Curvowim shall [!iCsrss forth atneh to tilt tir;.r;-inv 17oroonimn and M2y be er EU-ed Jgxr:Irt rr to the Saar atnt xs 11 .:�1+ ire,iy, dent+ Si;.h,?isle,. rrs�nn mn,, dui,a-s nr atrtga:r�„.: `,;;3 'art rM-u^ed. ruatra[ryd or at��x�d t :J t T:'. MeM —`77 to au ;aP.6'tqv4g *-M ku? OWEP 4e w pxtkjpq� pp-'Y.9iw 4 'w k-O.wo ivy fl'-o ft�h" OCP400L Mjy tO r6� -0 j'WA&*wA A,., if text 'Tw1w w W-4 %R-L-t' gffst , 40" ti tw i,- d:6* -kioc m 4W S""'q p'mwWvq 1A4y Ops6p AkcsAk'y uf &Lit-Su4b i I Ar4Lr jowa r viyifp;iwr j 441 m"I iq Ckvv wit iflipic '-;*a�Wqbjl' t� Oki; v A= W-111 V,rl*, w"j-0 ftvd' LodJ40 tho. c"DO(WIN! L-Jwre .AXU j9AA UUA OS &MIX-A'W"O" VA 2, urus*u St. L(Xiij Ind $40. frpe"e-ALI, and W!-�9 9AWhIoM A jrMA-P V-d tu--* P"d wmegs. ifiduclea 40 ojta Q0. 64 ftJuicd f4*40m tuil amitc- 42 zrx"e'WaA iby in Q#W= 4A fo4k..) V'd'Awhi:IIA & Q).. uwqc--�ht PAW wzwkw%- thal - 3r&- fimkA= sWkuif prus= tix Ff;wxre wad-Ixu of Lip k )wm: ;aid it, exm a_ tt& ft*w!vc &10 ci aapd LtLL- xl- 4--e5 aGI Oke wim�'s of Owok" t1m t e i i roftssJ, ctd it dict mt f^ave 'it vieb dwIt en-g mwcfcJI k,hiLtim. ro!I-MT--O- 'ff Odw.-- vige, me mjiec'W [--. Oz WLk,rne sLe-2 as iz Lk-emb" 31, "P i 1, .6 dw V.1jud roses. ewl Wits forwid zww&.Ata hwm L*---1 prc=i-ed at ac'--mdamw WILI F. 'Jy A"ce �'mt;z - ,-& uaj;jt[y AUWAMMCI tstomeii"d IM Ileckdt i*TMv1tA-' (0 Eloato•CLiiw-jW it a coomiWAMCtl fwbNid�- rJ Lack fuu-t-w v-js miAmed in1'm4kiaeiti to UAk jo;--t am W-h cflrccd)y or imiiwkly, key Lc&'k ud Lxk joia. imi m uwv4aVAUd mLWdLL,.f" whith Are Aa iv-*ai tzrrr n jc',:-,rd j!3 Rtzmwi= S-X a like Secarilics and cxrlwgv CfaTmIiL-.i-sl' (c) 3i--= DT---mber 31. !961. dirre -4% Lmn w mwtsmJ zdYme cj-;xvv,:e rn the =Omnun &nmial or nulk*r_ M Gwk jaira and as mityrAkslund aubtid.,aitep, taken 14 -1 Mirk i t-r cps ii:ai time vac -I daL& JoInt fifim mtpgc:l in shurt-tcum batik Wm-mip in U',t r>nrrml CaLTV. A NULUM ! ; (d) -h.-re are acticits, saiiii rx rrccredirp paiffing or P,3 i:;tr chmat=I punt m x1ming Lock .1-w or any 4 iza txnuhilat,�d wbe,&,arwi o qIhm1w x iidi pwPOAMA.'y as h_-:iQlk ci Lmk Julia %;T mch N-4tAuhary I &T 4w, in vquifv or to 4t$-,,-rajIv I.r tWICTO cw bFv jx.v govm=aLal 4epwtrlc+12, -rn-w,m. h1mrd- Buren. agcn v .)r iwrwnrs:zbi . jj,fn(-Aji -X k'Mtplr whKh. 4 deturouned 2d—wiv ----H imle-i4y and ad%rrw:, -Irf- 'he rj�ntc5 or uft or the hoa- -vhvr t A,l z1I -u-tatets subsidi,rT' -'ai'" A,, a i -6 !,­ 1,, : -. .41.. !j'rw' L5 in drWIA, to "h' - 1 -0, rogl o, Ani rmn,a!,,o -r' or 4vf" ut an, f got. M-r3j ""'W'Pl- It' MCC I.0 ':.. " . -1 11, a( I war mt mun of a,,y hre e=hq=-. cvdeat. Latior rmjm,mw Liking PA prn;rrty by -'re ;:m!M ci Awrrkra we any ..rate of .., v -A '.0-1 GaOCL drattot, =Iargry. riot. uvil W_tefba'-.re, upmr.g• x:!-Vi-y of 'rmtd I ak-i ca COA or ltr_ ptmNic errmy, k M ;'! �r �o or -hd Only vtmm, --MnL, of tio,15 ,-u2Land-g aL zi-r d;"z hvmf , �x P;9iait Lx Ccam.va Stuck of Lack ',-nt T', 'IPANMjr,-,l:�d p�r­�j Or Plar ulop!ed by 4"-Ii�ild�-' 2t% a ��j >­'J- C4utdmg. Nfc&r . and DEC 18 197C - S Mag q 777 my WORM hr 46 d wy Kit"ify w It wow ft"M GI LK* jaw, AA POW011 ad sw " poowk,lw- ww- am ptv am 61 4M& tw*g; JIM 4 COWION VA k4ft &*Ap" WA"dwA dta Ii , i . it,310 -we I- Aw %� OwIf (it) GbdWZF, WS914 W4i FMTI7'IY A1194oe Lock joiert in weift at etch writes abjatim vwiow by it peR7tllrtt ub SecOM A-W 04 $W C*UOMJ& Carp,,Mt W CW*, a arnaldd, art: wS I " to Lam,* jolint Amb relevau k*wftukph a. the W& 01UH cutestcutest, -itb moiiict fi, Mich Wow &je*i@NL 110 AgWUk, IWhQW* 4M rM IrWIh 2GZWII Of il# CMtgkbftM Corpnbou AMb LOU ftk= UP M Lrw bodu d the survi"n coir�= M the &MMMIN at wi" tw M"o--tivii0y tholl kd tamed on the boolitt of dw Cx"&mw LorpDruwr4 at the tubed" 4mk if-fNs pgrameta. excLV tbal t;wv 4"a be wMidiarcd to am "POW ati& L.—Mw 04 L6 ";WVHw C*rpXj6M Ag "Mobto in ft J.-'d-to twphu =CMErts. if any, of The c4mckuent corpxllk*M, bra w4ch SMOMt frou UK retained M rroo VA- 2% rwCM&z ry to 102az Law Capital Swu MCMMI savrevae $LOD per awe foe mh date Oif 4Y- CmmakLhve Convertibile Preferred Simli of the SwOving Carpers6w tiouladAire im"WdWaY lift" the VffeCOre date Ed did WfetftWtd and $I per Iks" i0i, Cach duft of C.MWAW Stock Of lite survmflc Curparafim nw-tstiding mwK,-dately after the effective date Lai this sigireemeird- EXCqA kw the Amouril po tr&WMTtd frOM the pQj(j-in RdTIUM JCCCtMt% anii rirtaitbOd tWinings M03MMU any slaw 2V34,I)k IGf pily,,mm of djvj&wj6 by the Cmnstuntini Curpctatum4 sluff be avu:W& for pwYawt A dividends by Olt Sur,iriving CDrpor&tton juLjtCl to any restrictions crow mr lKirwiter Cw=irwd ib Any "tract CViLvFtJ L700 by any CVL,$UnbmU Corpontwm or 6K SurVi v -110 CarpOtUiWt. "lathing Nettie &%ZRprrvCn!Ithe Fl—r4 rd Dint_ of the Su,--uxg (,)rpm-alion irmi rri."ir% any changes in its aiwoiitnu not prohibited by i— A2"CLM X" The S,,r+rimng Cor "um vhad pay all of ca.-,-7-4 the rnc-rget rrmkv thu.igreetwkwt ov irrmirmted !. ccwdaner w" Anick XVII AR"CLZ XM T-hC 5,,fwmg CufporAttan hereby re3irrves Ow right to amend. Lktr, changr of i,rOtaa Cert,&,,re a jncurptrjrm. as AJorTh in Amex A &ttivOied herew. and any pfkruio' cObraincd rn th's aareri=d, j� flic Mwner lum of herc:iJitv WitrjbM by its Catjf.t ei Iwrp-- - by Stamm of r w beTmftcr z0hernAM by iaw: Mul an rights and pwitrit Camervid is sr Cjm:ific:zl; od I Mnr}oiaZ,<M w lwmn '"I stfxkhplders. direr i.,i . "t of --.6 Ld tbt ComtiIurvr C-PrAW-0 4 the Swng Corpn,atjm, or of any uth- poTsop, wbumw*Ner, are udnject to this TMervrd PO-rr a m %to Cowl" in r' W-M04 UQAWW%&W om - - hb 4%4 C91ka ai -:WlNwy J F-.i C?Q*.fwfty *14 %4 "004) .. f t d 44 w4y m dts ni'04*4 44% 0 U-4 4 6 -4, fj xt14 rON4*W- A I i'l i PA-0 hwe 1.1 ; t jem-(ly li.yrvi to 0.10) W u1W peommly ~,Aft u my Eu V"";c k tt4 to vote mt,- auti 4 thjxt3 *C Day Wau Cuwiurwi "Mcd -'m fatac tA fbic, m'rKcv aud Wey (b) 'Me OW4Akiga *;Atk jv;fit urvur rhis 4vt'Mmm are mblvo tr, lire' att-42WEIrm C.1 tire 4le p:iu 10 Uic 61'Z 13, a&. 2arcyt:mn: 8m WW= r4f rmG-thira or rr,,,j-c j ew a Ualt j,=- C==-si --tk jromt reti".d m uy 5cmdWislrm ei A-ulp hc=q, 2W, k7wm sr. sE ilte QqrAmwt LA ire- 21L-m of 'x --n -v Le i Swrt to P-4-?h "raw Ing Amm A I:Etrt--1 NcW Icrr;y b7; Dfjawm-r. wb=-.vcr q livwl dmj.ari). (%L4t aintluimeak to it Red pcicr to Fite e&--vive &itt z4 111is 4gr,-efftrrq) jaml ll:r W"WWA rM.11z"rJu. .4PO blvc 0-'Pierl this aclechrmt; (it) 3Ll 8ffr.'L-7. ATKI itt.4: io;t-rn Z"d St A, 2 a of 2;i legaz 4pazt-dinp aM d ikit ;mkperj trid &cUnmlu ql-d or MiTtred lmrRur er 4I.J!j I-C - " SuIll-An & Crc%wrfl, cmr.=1 'fr L',ck Joint, zQ the ":&-tt !ry Lort jcv;z. (iji) th. Luld warratlizn cl Gadding. Mc2mn reilumo4i m Arts k- \rl 11 Boreal 1, zM4 I,-- a, 'ec"d I y immw llen.3 uLAlemjtLmZ ur p---.n.tzvl Iq this Arre .r--i .%h,O.j �Tp trLm &.-I Oi toe efl,%nive due of this gTMiWlt WIth tl:M z=t CffMl as rhuu.-r --jt". .'�,Cltnuuorb ;"j -;WrWw-1 ?uj lw,.% rm-fit olL and ae 01 the C&V.jVf lljlel of they aCl Lnd GTd&Sllg, MCBC= QlWl hAtt 06%phd with lh r-MM"IS I:L'rlta0td uD t-t j!;zfz,tm---d by it p-1,-,r in the Mft-ttye arc .4 thl! 12"r"Itni �W! 'kkiw to LAVA lQua at rite cfic 17,Iry :ale ni thy, 29-.- 'rffl 4 1" smh crick: by lu Fr=dcnc or me. J eta vkv PrMul-ru. , &.1 any and 0 p,".mt-, F-Mw 1t,c 'cq%ur&d P,? zhtt: U-fid I IIINUMrnl11-n I:t :;C Er,rj4tr as ha- he" al,a-tj. -,j ,ch per, it r:qjtz_, %-IV I ­LItt, i... I- 4e cli the Ocard of any cosslr"'-'! I., i... 1+ - .1 t v 0 2 tt: tt, t1l IT i" - ,WuV..( Corjna tr—. Oli)r - I-, --i mn.r Irm Wa the �., j*bp the 'i% CLIMEthilo,t C911)vr,llblr Pars. ed Murk, SIM t., tO bf trAtsumfimr iwu�,Cdattly irlinwm thr '13- llt thl:I "06 -luck within 11W makning of th= Scrua., of lk, It' zrrk:a Rrvr-utmI Cole rA N" a, rted to ftA Sl r 3WE) duLl nol AWY W a sJc w clhrr d45pIos.zOD of mb by tht Aot-khol6m; of Mt:2-au; ;,nd (eil t"Wdl —'trj x.hall brm .1-. nu, i, r%,tc,3m SLrW,,ing to -"- t'101; N, " -I-- I.,- . . 11 1 ': Lm— %,-, jLw 7 1—, -_,,V I Lf, C , . 1 4 P11 L A 4A key wake"R upa'A" SiA w I.Au wwi "w-4 A fld'4043. 10 . mr," 29mi ift-w -4 4I.iotaWA b'' pvti* t OW A604 -4 tw it *WA" Owt*-), (wxk wmowm to 6 AW prkr w ik i9tivrk rowt, t4 mij (Ft) No va"Givea walwipLued buthy, "d IM krM ad UWAMW it AD kg&l tow. CMAUP &A Gj *a P%ft " W-A, 4w kwiwilRi bwcuav th--� bz- am*pm,Ad- 16 UrAa4 IMerm a !-e Gladfirq. Utbam, to Lht wm fvtw-ue,-1 tq qhlilhq. Umcv4ra, (M) 6a r7gaoxtuv-tims ind vairuilw d UAk JKAM cfxttZ&a-.71 Jr. Aatkk Via F?t-eg ( is %AKwG by tmwiam -vwqfmtA or (ii=tted by this agnwmnz) %bzZ be irka U & Cl= C&Zjre eaft Qd � 3grrt=Z34 Wa ft WWM 4-Attlt 91 dMcge.L nrit aced Wxr=AiM lad beat W.44 %M -,-I an d ;Av effutive del: c4 -A -a aCrftmem and Lzck joku to b= craq)&td witle its alv*=m cweik*d is Arkbda Il X hffatA Eo Sc pE.-j-'UMd L-1 it wFiat t, the eftfive 4M,. (. thill acm-w ff-I fitA tjwk jam 3W, dbti vr, to G31'Ka-ay, Mcb-AA xt tbc v,r* d;�k L-E thi2 vw-,,Tt--=-n a cr s to :ah cCat s4md It prni �ns Or Qu y iu, *i iL WM pruitlemrs: ,ix) i* cdnistmm Cd 1worpuVaLon of SirttmCtaerrri 61 bftkr dull &Par-rkd to aw FL-w 4 A=es A 4rrto2 p-wr tv dw 6ftmov dolt vA tkii; Wr=om. iv ) my wW .1 pffmits fr-a time; CmanimAcoar of Corpmulw, of the -Swe C4 cafi,lff-%g mLui:ed ktr the kaxrfrj c wnraxiiw: cl the Lur.gri u L-f Lhi* ACT,-.1Mf%' 9"all lnkc baw altublP4 =mt tw such SiErruit "I criatain any coal'-IwA whi&, to t1w ittcrrient C•: 1ho V,ng,j d Dirtmx- c4 amy Cwnta=a Carpnzmn, iltall be unduly burelcm-r-i". (vi) a mLn J%&D h, r2 kK I obt0nerl Ileac the Tr mwm-y Dewtirtent c-! tFA Us%td '- tv- to tix efieo tl-uk (A) im ratn ur ..rs9 neftl lc t"ogw4cd for LM-0MV Wt pttrntvr. by I hf 1 ' In Mr,"Mit Cwporarmmi, thoir ntxklcldm w the hold_-3 of rhE"r !Ong -term fr4m at a f-01 -it ad (Dtt;I& Wt, Cr; Watjle f'v csublc F,c6ared Srucl:, Stet) pa: i,i4, w nc the cqtl--,-r dJL- of 140 WTVC:-z t 60n nut - -TISM U;C X6 grick wahin 1ht ir-ren-g -e! th,' S.rt,nn ni th, !ntrmal Ttrvmcr C,Af 4i 1'1S ay es iftu Scrzioc Jlobia) dux nar aplAy 04 can clar" qG'M`bW"T5 a' C"a&'jn&L 'ACBCAA and t,,j} Kill 'I"n obta-1 :r) j,mit ?�,, �,v,7nijjg c r ..,! The 4 ,-. N. trc I,Ips- A -1- —U., AWYCLE Xv A I Ao -.0" 'S pTwt1c2w.c Aftrr *11,t rxecUtw;, rsl thin i:ati rail r mettmg 4 sharrlw!de- ac—, '0;KUlt 'I :'fin:, and =t fij!n"h -C^ -niC'17c111— DL6 1,3, J IF v: t - tint,:�SiA'i� �tah !fit �? �iifi4tj7 s�.i�'�'' � Suit tiri�Y i!A' 4,Fe�; inlSl �,f7i T� i.�'if6�'iE;Fk 'rii>� iaE - . . 1kriQilw2i a tini4m Qtrg#WACAtncutra"rAf!;itWr'n I;rr. .It4 :i;aR; t j#W f 1k tt4R; iY vx5mmy its W.VW -AW cit"6ri,au sc 1gqfga* ; f�a: al f� e� aAfR�kliiL 1tr �Iti+tjtaik % ai „ a+ui ��+*• 1u;� :i�iieiF��li Cs��l a1f�:�"_ rr r�l +reh�t die Y{�; �ta#E �+4 �.��,fcp) iufr ittt' n LkR t 'd6 p* r > na Ct , »rtr' �.4P1tf L yioa. 1.) $+i - - -- `+�; kh#cvsk io; �• rfs3iS taste � 4tt �/� wick alit i+eR it.5 t�ii �'!4i?� tR haw rii t�cia kdtixr&t ti! i,�ru+. �sa+;� !se a�' xts t' � F�� i.14aa is�€; � x.1i • cif Fl3 fan �r'RtN+�:=. y4; M ri W4 t# ihory wui a4 �V4 of pr•SWlPA U" ItW i g tit A)J-1414 'N '� i8ii9hs tti�l�"h1.op Vt YGIltil`•�'l�YkC•#rn+.i .1 Mitt 9s%;i0t:u'ri4 i>I'+rSett4$iefi yry+ir�S,irA�it•+$1t S@ �,��a'Jd`v i trr�rn +~<xr�i 9 IS) R dg4p A.V"" E'wi O&KOM NIA, jc;yty OW.&ff, 5%amm ZMI Lim itetin t end Eric kstP3c#, �',ti ? --ir clkwr eutrlr =xtifta set ad-:ressai aswIf dik;vu±ra3 by i s •ti a:' te•as,ir,�rc arm ; ??t SY>;UCUd. St.W 6C d tt.4 ! .'�.7tt4rj•li+4Id 1+Ciar 1 C'I.C7 L"Y" 4tf,'te UW� f7r�, :L:j 1:1F2C e5i a•a4}QrraV AWJ e&w: tshvd 17y Z114W= sara:& axe ckcavrr RX t cw: a x&-V lfuc lkae +4%�t itai 4t era R14"O d ii�at 1Almusae . aWt hod, ilwy shx-I!? 'It rare eritea t r�OAL (a) Gsiij�ft• ai.ik'tur ansi term that Itum tisrx to tint avid at nii tcsso ubSc t>;rrra ti;ttse;tsa.t to ttn exeni,non of Hen ag^rtrttrxpt, LN6 jani aiui ite at¢.rrrs, at"v3.,rye, acr=m4mits and fzqtebmftt,ie, t:t_il be perrr4fW? to �ti umfic fSu;L••a)s jay. [wake and sr=,1;3 of G;,W vig. SicCrnn. aei • 1xh etCttre. sa crtreTs. ,._ouutazte and rrf+rrrxtztatsare -i..li U tffoufed hee a€ct±str to ;, axh pnrry!m. •iocb �md rreords, 21u7 lilc.sd:ai!, MeRmn acrrs•e ihRl it w0l a;wtt r"arht fu;uoh Laa_•!t Jcsnr moll arro eLfonmum rzsis,' U7 SY =ed in re7pec: tin its pm .gear an6 h{1Y4w-- ;31 L'rCk Irtr; titu:crtn.� and aizrre, th_f rrrsm tin • to t;nv, *nd ai an r_ascuCle tutees snttlqt:�,rt :D iti[ aaervrius. e! tm- 1±rrernen:. GLarkirmg Sir(Imn s.rh its nihcrm. sttcpm.v , aerru„tante ar.+l rC(n3L'Xni73iv.•� shall be ;lerrtmtte-j 'r, ri.trntnr Ihr !irtn-"V Fr ,4,s and ;rcon}. :f :rrr4 Irnnt aiu! Elvitro-Chem;ral -C rha; s,u r. n:iir •r. It a,n.r-r. ., � c:�tsni� and rrprr-mnnrr,-r..all hw slEu. t.,l hez aces ro tu:r. !srtrperrr l.n.,n. a.iii nrnrly ,r„+ l wA i,am iyr-. that .'.I hr•r-.n (Auddutz. McB-3r with reed rnl in rr.Fr • as lusssorzi IMITICLU Vi 11 !.) ;a:a 7,31eetrKTl1 nur '�*? err^irart.l sud rhr mrr�;rr ,Itt••t)o:-td it) hq moti,7W ci>- t cf :he il,s..irsla -d Di rr,,,—, ml e.,.i Cunstaur! Cornrira ti•,n rK (+I) by chip iiasrd of t)rrc^ar% nt i m4 Jannr d there is a rrn:cr : ?,rncl+ • € v . t!r sr:ccrartiea, I S',iaiirhr.h Lir �;�: rsH,, irinl ri ,ri,,;r5 will. X ;.si X%l or d _be h. .-•ir �r ti', !'. _: .r:� rsrr a� rh-_ .:ivs: to �r :Its€s. •,:-,n ,�i t r�k taint �x -i .. :.. .1a+ tl�!4t. fiwr+s :1 I?a+ocdrsro .r Glit+i�is,�,ts�rri u tYrec.>" Y.!<tiim:iat *t'!!eR t?ry 4w � � wyptlata,� b aR�er;��il�ak�ur �rtfa► ar � wr#pwr' _��, u tsgetitii4t to ps arstti sdrlt silts � iX � . - ,� i•1 iri rAa 4iearek � 1�: w� �itif�irY- Ladf- jM� rt �il'wiii[t�' �tsl(+�w . N �+!� �,' ys f �. y f' m"ro ► of now iis1N.t*O Awls+i.lt� i�i#' gl r: jr .+��iter. cw eai 1sds:r.t1, yrifflt' 'je4 of .dt[ ckMre tiskwii4i aeY� Att�rCwita . tiu aW4hlw1 ,1t du s,naa9sa al : thie C"WAwillitit 'f+'ioisi� wet 40kokw,to KA $tt.most A4 b? Oli . it knwdvir+l+he t'� i»+irt��i witdl Ile >�E' pr ( kr:4ll 3itp Odw T4 bii ivws ail aitkt Lrok jailit dt' inllildbq; MZBOO11 id dw bald*'. aF t;fad 6*' MC&Ik MINT," wiw sw lA" titiwt i; gt +Err) be en"fifed. w 4."t pitrwan to Sutitw 4MO 4 i6e CAitro WW Cotpacwttot Cak 4w fir !Hake! r lsu for them* a[ swtk to Cit< WW g. lifrgon kK ity liver. or Ow hokiics of Xlitick j owe Cratmm Stork wt,* *44 fMvd & asaidad ar he nnirie*#'.to d2ts[artd pwfibasrt to $tdilia 14:12-7 of iitk .14 of site % r Jcr■ar Suhitt a Aaxatstai, a ii maded, p%" nt for Uft bur oRfrt vawu of so$: huci, ai 4.4atsaue Swac held I!Y them, Ora Ccralanalian Off the above, upftn"t Mdacie[t tttnrek rd sroew 4 tzits'r or te%h of tteeae C7*MiWwJ Corpti"ti mt w tint itt tiro 14ktion cj the BvAri� rd sit_"ter. thr rrFrM is isnpttt;tiaf or irtarfrisaiifo by rtAw of the: porsaw."W at tkt Swrvivag Cariwraprn l* loth tharaitaide+s: rfrevftiotf; hovniFer. tkwt thet krisskKyt aC ietrlioWON the at rvvrueitc a w aitandutiitj f.rC oiafgtx guttiatnt to 040 chose {vi} 1U9 tt& DC tUfciaed stilt, than file titirW-isrst iky Mowing tt4 dry a" which the share:tokdeTs oI The Conatitrxetil Cotperat6m iast rotin onf:Kw *CftC1Ti m «t«:e. tN3 ib'r:�,tgC::. (G) In fl e cynic of terminahaei ivy the Uoaed of Dimuits u: Lury of rile Constituent Ccrrnratxms as prtr kk-J in aobuarior t(a) of thf t Artickc XV11. rwtk-c Aa`1 t - given to the ether Coesaitumt Qrrr- kw,raimmii and tac 1Asard u $wands of Owe -tors so terviiatiog ruy tureu its r•r ihar Wkety n,.: to Ale this Wt mitnt as requited hp tY* Uwe of t1rar respectrve %tales Potarithstur Lt , Eayarahlc action by ,he slwchalder> of the respective. Comtitueit Componttoas. UWu au4ce pur�uam [o ill:, ,ub,c T'wi fb}, this agreement s-tail be trnmtute-L v`'::h�3ut ituther .rhhilation or inbiit y Trutt any tasty =n 4a*w of the txhas. I ARMCLS XVIII Any of the tern+, ..f nv,diuw, of ahi• agr'tmn,[ may tar wilved at an% ame k the Wnuiiaml Corporntton which :s. or 6,e sharehohfers 4 vhich are, enittfed to tsr benefit thrrenf, by action takers by the Board of Dimton or swh iiasta. ar may he imnided or aiodiirrl to whole or it, am ty-an a[ an [Line print to the sane of the sharri-Opri of the C'miau[uent [orgotnfwns herenn_ by in t,-.rt^ntnt ,n writ­k execuuyi it the ,arnr rntnurr a, tilts Wennrnl miter auihnriza[ron to do w b, the 130ar"i of of ;;:r Csiywuent Cnrpant;nnc provi.hd, hnwevrr. 2.hat wch arc.ans ,hail! he 'aki-n only a. In the f,tdgmcar of the H.nrd of D:rectors taksng the action, iincli wasvrr nr s,nh amm&rtent al ma.liFr"atton wdl not have a materlofly adverse elirct -xt ilte 'hene~,L4 Lvciulcd an.lcr 1C agrvsne„t w the wareho8fus u: 1:A CCgOr1ULgL It is lxpre oly ogre-d ihm this agr-tment etnhedire the emire ,gteesm:t of rile n w r±l:t:t>n in tlu subject -inner herevi and that nn usiiirrstind:ngs to ape rnenrs. oral e,r wrrten..., relwiwi thereto ` eists the iur+ 7 DE C 18 1970 I. :A•L"r5 Z2 t' --- =� _ . ;: ,'• _ ii:•,-tit . ' t�'IfJ1#�,R YAM'..,q E YT irIA Or t ITF = s r :� .. .,1 ,.._'->.w.� d ... tF.a.. :,, .J ,es« .aw+. 1�..•�.,.1.1r tl. -.•. ,r J .1.1 la ►...)� ar1 �.6'+�,r�. :-, ^ c `�"`-., "'".". x.+,y r...w.-,...,..�..•,, .ar,... rl rums vt•.c, rrr.c■ . s salt :srK. stir • 1rr.lY.wWx.lY •.n:..� i ':a.+.•. Nr.n � M ryrw•r• rwarwart.. .+, l•r M. a t�T•'�T aaar.+,4 r.K rr/r, xr•1 r..,Lr Ylrr w^ tiai.•...x Ftr R.b ,� Fr+tRtY r>^•-'rny+.r9' }+IrA r K •:rrl_ _ 1 _ .r M.4r+it+r. S4srt ,,ortlnrs of fatirrnzent 1,,t S in Srctiorr 17. i-_r n:hlp 23 North, RA . -.qv S T1_N.a lyin,t north of C_ a P. Hsilmmi right Y,! tray, oxCapt Any Port►rn the..-cof lying north or that er.rtaln hntsndary Ina established by -_ Paragraph :6 �f ttist rrtaJn Ascr_-c in "uity, sing Caa,t} Svc prior Court 4 ai}rrr• tb. 9�D73; alma rstcrpt •rny pogtibn tt_erco: +rl th In ltna.� at Statr- 1Tichv.,y T;P. COS. -� _ - yr ��� r.•w l r..pe a. w ►+ �.•�a� ..a eorv. w.r.,. rl.r.w . r,�._ iJ: s...r. r.,.-t •,.�. n.t e�lrw• N M H.r+r•y to- _ i 4 �,[+: If � [T'tr h�:t�-._d l..{ c ... F.i cr.r,.—_��:tL-.. -_._— f•.t ..f ..._ -..>ys c...�G 2�-,-:mnzng At the Crater of a.sid Srctts- 17, the:xr.• -• •"5'OS' w along the 1:.att line ortheSouth,.rst quarter rat =.ax.: f4-ct4on 17 36a_.S :t-CL; thcnir zu-ov ia- 4;_ i37_31 trL,,m ra-} 11.tC eSia'+jinnCd b}' pxrAgraph ]D of tlsi-_Cr`rw%a r.•cr,v In r.turti. Ki_c Co:--ILY Superior Cn rt ' Cav:.r ---L). 1303:2 a_u :hr :, .�, i s i s '-. ;t= n:. .I! 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L..ar}r,titit rWr`•. ra•1.. -`„�.,+.5•a-. ._'+., ..+1 - r-. r�«.` � rr-....fw. wrJ Fw.la.-. ..r4 ai pcl. rrrm:.R rr... .•vim la,. ry Ur owtu: r�^.1 n.:rwr .J J• :. .:.Iw_ l•r.ti.r f.n If.� 1,'r+ 1- +Gn .r'rl ti - rJ•t•Is.,xi I.t•'..M •�.lvv�.��.•. u w.a Y�.rr �� '. `�^1rn •-.w C.•ri.� W:/ r,... c♦.1 �_ .2 r..t� u c� i`-t_ _ a.. ..-..' u.S ter. u-1iry.:,. 1u •u.r :_I •r.rrN f .yi 1 i•i e1.-..trr �f v..+.�.�� f,.,r�� u..:t .,. G� .._ --.v �.f r.-,.. .-r rr.. _... e.y, ,.r .J "_ � �•.j +�. .�:.n wr.-+ r-r r -.. � ..- :.,. } t..�', � x•r cw. ._ ✓ _.. «v. r. � •.: w r�:rd .-. . -- �,1 rxr.�rl s.a....+S L± ..r Trt.Y♦r r !+r. T'-r•r .ram. r r=u's... , t N1 r 1,.Y+ .L ,r•.. .err-r. r. •. . r ti'y. . I� *V .� �__C. I.i3.1 `�...Trr •.•.-. r-... ,r . `.. - r{.� .,n--. _•u fF •. �. m r.,.i. .. =. .. .r ,�1 .� .� Yr•.•r•. �=LY rrw . • .� r. Sa_ ,._� / 1-.. 1 S•._ _ - � i• .. I,rr -... .. TrY:.lr> fT�•� i .ram•-f Cat rs..l.,r ;�r_r l-•' rl, -. -. ., - .--T. ir..a .v'Si• .� . .. � •x"' wsi,..-• .t.:nwl r. «. •� ...- ..__ r .. .. ..�� r - r. r ..1 ..._ _ +.. .-. Ir• .r 1 ..- . • .� _ _ �,... l..:rr. a .%rr �k_..T-r:: .k�lr.�....� .- ti i r ._ _ r.. �� r:. ra••-T - ~ � •.. F. ..C._ Y�f. r� � •. _..-! _ r . - ..A- .-a. �. ♦7r• • v3.Tr t l 6. F4.k .4 �N .wY! �,.�'� ••rfr ,•. r.• ._. ., y . [.,_ .. . . .r .•. .. 1 1•ra.n,. Y , r 1 , -F'r H r' .r ..•rYl rJ..,�1/.' .. �. �. �. .•. _ •_ �•_ r.r. .. t . ./'4 r , r.r 77 Y f- h *1 OW gr.rt..[ .14[ I;b... ,rdlA -WIN k1r... I.f"- •►.... i- I," &r 3r4M Id-W&V Tv a S•�'.�: Sr.a ram. ...:.ra.h. >r..ra_ k "afar - a•..r+r•..r-s *41 1•r..1-a.► i•.S a:[ EyN. 6-r-m" fardl V-`-+6.4 Mi -a v4-e-. w.4 .N.r. io. A.•.• .,t rw M.r a rani KT rmwm 14 (,fart. a [i4wt- 60 t.4+a41 it••.aL' Alrr.rafisw.kaft *cVow . ftla .f .,trr.i vt 11r- It" T. tf"r haffaf * vfr.+�.ti riF A-lii+. r- rw4wMLr+ d M ra714f •%..i .0'4 b6 ku ft wo-% ws 4-a ar+ - mayor -- City Zlrrk OT cs ast � a.+'*�l �,, r-t irf ilrr 7,. ...::.,�.:z.e._;.z .-•�1.,....�* -,.�r s _ � . - _ a V RIYr.+b lsf � •71r..'l.i: �T OYf.+r i..tit �f..'+w'•.[ !h- r1rhH •al r..r.Y'^* i /h.l7.titi .... • rLr•:.—_ ., Q.M _, S:r � i4f+..";."' ua�aw_ .� _ 1.a..aM ..y_nU:� >:S •w! '✓..; fM �► L..w +kS la. ;.-... V-r.•� c.ri .....� TTTTi=� }.p v- t..2.. rA-" Or.+"f v.ti ri+ au� ti.L .h..\LT•� S'+-n .4'1w1 .'r� frT f3afx ./T:RT+ t1.Q rK►�1.k T.. (.d �� '•-... T �..�.�: 'ri. u�.a Srr.-•.•`+.•t..a.T. aR .r.: t� Scr Y. ti. r. �wt y.. r; a.+•► 44rrris m.+a t,� U � 4r.71"asO.r r,} 4.• ,r..s ate..:. -a[ n.+a wa..f� i'v fjFflf rr+.Jr} r: .STa:ifli u ' r"_ r% P S •a • Cfw.� �.��7.fi +' —_... ., iJ �_. 11 •: ni_Y�.^•..+.e• :••+nt t+-r+arr.Yr ��Y rn! _...,_ • . � Y....y ir• � Ci _. �f .—�fa^f. R -.. �.-__.�. � l.sr't of ._. ....-�.. ���— •" Vr'r �r-►.w �i► e•�vi•+[ i!+l.a.a-i.r/.xnIT.3.«i+ �.C�1..r-`. r✓a •.= �. u.` ..1M1.nrr ~� •1r• lrt- a�S tnl�_ ur L.- ,..•ram -ail P..-•.T n.' •K1..+1 a••7 � rrtti r r..0 .+aS _ __ _ is .+vtSr.r-r+.rJ�•r.•1.•�rt.r ...t...rlL!.i�. ...a! -."..a..! ....rS+... r•rY.4 �4a1 is 'l.r t.w ..•r. t! __��..f� AC7M1G�T EASEMENT For nod in cunsideration of One I)ollsr ($1.00) And other vuluablc rnn.idcrntiurn, the recvipl of wlnth is hvreby'oeknww)etlped, CITY Or RENTnm ti nuaiainal_corAo a ign � m ("Gramor herein), hereby grants. conveys mxl warrants to PUGE•.T WOO POWER & i-row COMPANY, a Washington CD corporation ("Granter" herein). for :he purposes hereinaller set frnoi. n perpetual easement over, across and under Iht folowln8 described real Properly(the -Pr open}" herein) In King_ County. 14ashnlgtan That portion of Government Lot 5 in Section 17, Township 23 North, Range Cast, W.M., lying north of C. b P. Railroad right of way, except .ny portion thereof lying north of that certain boundary line establis.ed by O paragraph 10 of that certain Decree in Equity, King County Superior Court Cause No. 90072; also except any portion thereof within P.S.H. No. 1, known as State Highway No. 405. ;4a,-It COMPANY MANY Ic;l.t.k.+l t•.. 'AA?AfINI:rX)1N "Wit Fxcept as may be otherwise set forth herein Grantee's rights shad be exercised upon chat portion of the Properly (the "RlgfiPuf-Way herein) described its follows. A Hight -of - Way _QjLjQ_jLitrlrlrF,ri feet in width having fifty __ feet or such width an each side of a centerline described as follows Beginning at the center of said section 17; thence S 101510511 W alor-1 the East line of the Southwest quarter of said Section 17 306.45 feet; thence S 28906'30" SV 112.83 feet to that certain boundary line established by paragraph 10 of that certain Decree in Equity, King County Superior Court Cause No. 90072 and the true paint if beginning of the centerline described herein; thenr_e continuing S 28a06'30" SJ 20 feet, more or less, to the Northeasterly margin of the C. a P. Railroad right of wav, (also known as the Burlington -Northern Railroad right of way) and the terminus of this centerline, f Xt (Sf. rAK il041' rECiU.RER King Co- Record,, 001;Sior, Deputy 1. Purpose. Grantee shall have the right to construct, operate, maintain, r air, replace and en)arge one or more electric transmission antVor distribution lines over and,'or under fire leigill•or-Way together with all necessary nr convenient appurtenances thereto, which may Include but are eat limited to the following: a. Overhead facilities. Poles and/or tuwers with crossarms. braces, guys and anchors, eleCiric transmission and dislribution IineS; communicaliun and signal lines; transformers. b, Underground facilities. Underground conduits, cables, vaults, manholes. switches and transformers: se.ti-hurled or ground mounted facilities such as pads, transrorinnem and swilehes. Following the initial conslrucdinn c- Its facilities. Grantee may from time to lime cc=1`00 such additinnal lines and other facli hies as it may require, 2. Aceess.Grantee shall have the right of arcebs to the Hight -of -Way over and across the Property io enable Grantee to exercise its rights hereunder. provider!, that Granlee shall compsrtsale Grantor for any damage to the property caused by the exercise or said right of access. ` a. Hight or Way Clearing and Maintenance. Grantee shall have the right to cul and remove or otherwise dispose of any and at! brush acid trees presently existing upon the Right-ar-Way. Grantee shall also have the right to control, on a continuing basis sad by er;y prudent ant} reasonable means. the estahtlshment and growth al trees, brush and other vexeta• ' tion upon the RIOL-of-Way which could, in the opinion of Grantee, interfere with the exercise or Grantee's rights herein er create a hazard to Grantee's facilities. 4. Danger Trees. Grantee shall have the right to cut cod runlove or otherwise dispose of any trees located on the Property outside die I uta nr Way which in failing coned, in Grantee's reasunable judgment, l:e• a hezard to Grantee's + laciliiles. Provided, however. that Grantee, prior to exerclsing such right, shall identify soch danger trees and give prior written roWication to Grantor and shall -nape payment to Grantor for the marker value of "ny lo"chtmtable limiter eonlaitr r ed therein which is cut will removed or dispnsc+l of by Grantee. _ Granters failure to comply wish the conditions of this paragraph prior to exercising its rights under emergency P i ennditi,ns Shall not he dremed a violatian of Nil- agreement, but Grantor shall still be enlilitvr to compensation for such c. ` trees that are cut and r¢movcd or otherwise dicpuacd of by (;rarnlce, a Grantor's Use of Highi-or-Way. Grantor reserves the riFjnt In use file Nipjwrit-way for any purpose out inconsistrni wichrthe rights herein gr-aed. provided. that Grantor shall not MIStra[t or maintain any building or other sim-ctury one the liilJ.t•ur-Way and Grantor shall do na hiastinll within xx) reel of Grantee's facilities without Grantee's prior 1*rittrh consent. I: 6. lodetrnity. liy accepting and rcrorifinR dll> easemrnl. Grantee agrees to indemnify and h'1rd harmless GreNor ."ram any and all clainvt for damages surfert.•1, by airy person wit lch may be causrtf by Grantee's exere in rf the rights herein granted. provided, Ihal Crantee shall not hi- ri-sN sihre to Grantor ror any danlaF•-s resulting frn:n hijuries ,u any prrson caus:,l by acts or omissions a1 Grantor. .hall rrr�in.i�tierrtiStf,\• ... _ ..... --.i .r �vF =.. _-..�..- �___. .d �-.a....-r-a}','. . , , .-i#.c. �.r • a..., �. .. err -���. iv J79 7. Abandonment. The Oghls hereln granttrJ shad] continue onrlJ such time as Crnntee ceases to use Me Right-of-WdY for a period of five (5) 5uccesslve years, in which event this easement shell Terminate and all rights hereurKier shall revert so Grantor, provided, that no atiaMnamenl shall be deemal to ]tave "orred by reason of Crnnlee s failure to initiaJiy install its facnirles on the Rigbt-of-Way within any period of time from the dale hereof. 6. Successors and ASafgns. The rights and obligations of the purtfes shalt inuretothe benefit of and he binding upon their respective successors and asstgns. DATED this 6t}I day of August 1913L. GRANTOR CD F Bv ry' �or CT` City Clerk : �aos � Ei E �tl,l��s STATE OP WASHINGTON - ss- COUNTY OF On this day pera0aai1y appeared before me FsaA-- .d Citv Clerk to. me known to be the individual �_ described' in and who executed the whin nod foregoing insttvmenr. and oeknawledged that they slgned the some as _ i _ free arvi voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this F i-1, day of T n g c _f . 19 7 g Notary Public in and for the State of Washin citon residing at Rentan STATE OF WASHINGTON ss- COUNTY OF On this day personally appeared before me to me known to be the Individual — described in and who executed the within and foregoing instrument. and .:ckno-ledged that signal the same as free and voluntary act and deed for the uses and purposes therein mentioned. I i GIVEN under my hand and official sea] this _ day o; . 19 Notary Public in an. for the Slate or residing at 1 r010— STATF OF WAS] RNCTON - w i COUNTY OF C' ° w On this day of . 19 . before me, the unlersigned, personally appeared — ' and to me o _ known to be the and respectively, of Y _ 2 the corporation that executed the foregoing instrument, and acknowledgr'! the said instniment to be the free and voluntary net and deed of Said corporation, for tire uses and purposes therein mentioned, and on oath stated that w4 authorized t0 execute the said instrument and that the seal affixrd Is the corporate scar of said curlwration. 0 at 0 U fr'0l7:14 Y PUBLIC in and for the store of n-s itling al - sue^. r , L- c�l 4 � �Ilcls Space reserved For DEED OF RIGHT TO USE LAND FOR ?UBLIC. RECREATION PURPOSES RECQfMS 3 ELECTIM The Grantor, CITY OF RENTON for and in consideration of monies coming in whole or in part from the Outdoor Recreation Account of the General Fund of the State of Washington, and in fulfillment Of terms of the Project Contract identified below:, conveys and grants to the State of Washington individually and as the representative of .,11 the people of the State, the right to use the real property described below forever for the outdoor recreation proposes described in the Project Contract entered into between the Grantor and the State of Washington through the interagency Conmittee for Outdoor Recreation entitled CEDAR RIVER TRAIL Project Number 79-O38A signed by the Grantor on the 22nd day a March 1979 and by the Interagency Committee of the 27th day of March 1979 and the application and supporting materials which are on file with the Grantor and the state Ir, conn_v.tion with the Project Contract. The Grantor will not make or permit to be made any use of the real property described in this deed, or any part of it, which Is inconsistent with the right to use for public outdoor recreation herein granted unless the state, through the Interagency Committee for outdoor Recreation or its successors, consents to the inconsistent use, which ran - sent shall be granted only upon conditions which will ensure that other outdoor recreation - land of at least equal fair market value at the time of change of use and of as nearly as feasible equivalent usefulness and location for the public recreation purposes for which state assistance was originally granted will be substituted in the manner pro- vided in RCW 43-95.100 for marine recreation land, i.hether or not the real property covered by this deed is marine recreation land. RCW 43.99.100 reads as follows: i 1%arine recreation land with respect to which money has been expended under RCW 43.99-OdO shall not, without the approval of the committee, be converted to uses other than those for which such expenditure was originally approved. Thu committee shall only approve any such conversion upon conditions which will assure the substitution of orher marine recreation land of at 1_ast cti al Fzir market- value at the tiara c` conversion and of as nearly as feasible eq'ivalent usefulness and location." The real property covered by this deed is described as follows: (SEE ATTACHED LEGAL DESCRIPTION) PARCEL NO, 7 This deed shall in no way modify or extinguish the functions of the Grantor under the Project Contract, including the Grantor's functions to operate and maintain the land as set out in paragraph 14 of he Project Contract. - Dated this day of ernbPx 19-�- sy•yf� Title ATTEST. C' J. Delaurenti, Mayor Veto !s A. a , y Clerk STATE OF WASHINGTON) SS. COU.M OF ) THIS IS TO CERTIFY that on this 24th day of December , 15_Dbefore me the under- signed Notary Public in and for the State of Washington, duly comissioned and sworn, personally appeared C J Oelaurenti/D A !lead , to ne personally know" to be the Mayor and City Clerk , Of the City of Renton that e,ecuted the oregoing deed and acknowledged to ine that they signed and sealed the same as the free 2na voluntary ac, and deed of said City of Renton and on oath stated that they were authorized to execute said instru�nznt and that the seal affixed is the seal of said City of Renton , 1l1UESSmyhand and official seal the day and year in this �'e�Tf€�fe l.irst above written. 1% EXCISE 7A)( t•'OT :ti'r; ° Notary Public In-aa qr t,lur4�state Co Eic--- .. ., of UashingtoA., resisliig aA Q 5176 (O30) Ca: �D co CEDAR. RfVER TRAIL SYSTEM, PROJECT NO:.79-038A PARCEL 7 THAT PORTION OF GOVERNMENT LOT 5 IN SECTION 17, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., LYING NORTH OF C S P RAILROAD RIGHT--OF-WAY, EXCEPT ANY PORTION THEREOF LYING NORTH OF 1�iAT CERTAIN BOUNDARY LINE ESTABLISHED BY PARAGRAPH 10 OF THAT CERTAIN DECREE 'IN EQUITY, KING COUNTY SUPERIOR COURT CAUSE NO 90072; AT_50 EXCEPT ANY PORTION THEREOF WITHIN P.S.H. NO. I, KNOWN AS STATE HIGHWAY NO. 405. .a F tf- 0 QUIT CLAIM DEED In the matter of State Route 405, Renton "S" Curves KNOW ALL MEN BY THESE PRESENTS, That the Grantor, CITY OF RENTON, a municipal corporation of the State of Washington, in exchange for properties of equal fair market value, conveys and quit claims to the State of Washington the following described zeal estate, and any after acquired interest therein, situated in King County, in the State of Washington, to the same extent and F purpose as if the rights herein granted had been acquired under I Eminent Domain statutes of the State of Washington: All that portion of the hereinafter described Tract "X" lying northwesterly of a line beginning at a point ;. opposite Highway Engineer's Station (hereinafter i referred to as TIES) LN 258+50.65 on the LN Line survey 1 of SR 405, Renton "S" Curves, and 69_53 feet ; southeasterly therefrom [said HES is equal to RR 559+22.76 (42_015' Rt.)]; thence northeasterly to a point opposite HES LN 259+54.78 on said Line survey and 77.27 feet southeasterly therefrom [said HES is equal to RR 659+97.21 (31.48' Lt.)]; thence northeasterly to a point opposite HES -N 259+91.82 P.C_ en said Line survey and Ro feet southeasterly therefrom; thence northeasterly parallel with said Line survey to a point apposite HES LN 261+54 thereon and the Wnd of this line description. TRACT "X" : RFC1. eF 7. Parcel "A' CaSHc.'- That portion of Government Lot 5. Sw;ction 1.7, Township i 23 North, Range 5 East, W.M., in King County, Washington, lying north of C. & F. Railroad right of way; EXCEP•I any portion thereof lying north of that certain boundary line established by paragraph '_0 of that certain Decree in Equity, King County Superior- Court Cause No. 90072; ALSO EXCEPT any portion thereof within P_S_1f. No_ 1, known as State Highway No. 405. Parcel "B" That nortion of Government Lats,6 through 9, inclusive, in Section 11. Township 23 North, Range 5 East, W_1'S_, in King County, Washington, described as follows: Beginning at the intersection of the north and south center line of said Section 17, with the northerly line of the Burlinqton Northern right of way; thence South 59*23107" East along said northerly 1 ne 285.94 feet; thence North 79'11'10" E,.,- 42.68 feet; thence North 66'41'51" Eas 114.56 feet thence South 74'33143" East 134.69 feet; NO Eomrz TAX D O thence South 87'12'48" East 119.34 feet; thence South 66104'391 East 111.10 feet; thence South 51'18'57" East 96.15 feet; thence South $01Z9159" East 118,76 feet; Page 1 Of 3 pages Parcel No. 1-1.1443 25❑ ;3'2. . O .. - — — - --- _- . I < Ln ti CD 3 a QUIT CLAIM DEED (Parcel 118" cant.) thence South 73'06'57" East 10B.28 feet; thence Socath 82'48129" East 66.27 feet; thence South 74100119" Fast 95.57 feet; thence South 37'59'12" East 73.78 feet; thence South 20'32'12" East 182.89 feet; thence South 12'O5'27" East 80.24 feet; thence South 25"19142" East 155.52 feet; thence South 6*06106" East 65.58 feet, more or less, to the northerly line of the Burlington Northern right of way; thence South 591231071 East along said northerly line 442.4 to a point of curve; thence easterly along said curve to the left with a radius of 1,556.68 feet for a distance of 653.27 feet to a point of Compound curve; thence continuing easterly along said curve with a radius of 2,405.7 feet for a distance of 291 feet, store or less, to the east line of said Section 17, thence north along said cast line to feet to the south shore of Cedar River; thence following along said shore westerly and northwesterly to a point on the north and south center line of said section 17 and point of beginning; EXCEPT any portion of the above described tract lying northerly of the boundary as established by decree in Superior Court Cause Number 9oo72. Parcel "C-1" That portion of Government LOT' 3 in the southWeat quarter of Section 16, Township 23 North, FAnne 5 East, w-m., in King County, washington, lying nc._ �' 'f the Pacific Coast Railroad right of way, and soucnrr., of Cedar River, within a 260-foot strip being 100 rest wide on each aide of line running North 01*200301 uoat from a Point on the south line of said Government Lot, 556.57 feet east from the southwest corner thereof. T arced "� Those parts of Government hots 3 and 5, Section 16, Township 23 North, Range 5 East, W.H_ in King County, Washington, lying north of the right of way of the Columbia and Puget .Sound Railway company as located, constructed, and operated 1-hrough said Lots; EXCEPT portion of said Government Lot 3 conveyed to Puget Sound Power and Light Company by deed recorded under Recording Number 2499111. Also, the grantor herein conveys and grants to the State of Washington all rights of ingress and egress (including all existing, future, or potential easements of access, light, view, and air) to, from, and between SR 405, Denton "S" Curves and the remainder of said Tract "X"; EXCEPT traffic movement will :.e permitted under the freeway* structure at STA. LN 258+,1.68 (Burlington Northern right of way) and at STA. 1N 262+50; and, pedestrian movement will be permitted under the freeway structures on both sides of Cedar River. Page 2 of 3 pages i Parcel No. 1-134'3 25x�❑ • QUIT (MAIK DEED Ln LV Q a The lands herein described contain an area of 9,202 square feet, more or less, the specific details concerning all of which are to be found in that certain map of definite location now of record and on file in the office of the Secretary of Transportation at olympia, and bearing date of approval October 24, .1988, revised .7une 30, 1989. It is understood and agreed that the delivery of: this deed in hereby tendered and that the terms and obligations hereof shall not become binding upon the state of Washington unless and until accepted an3 approved hei-eon in writing for the State of Washington, Department of Transportation, by its Secretary or his duly authorized representative. Accepted and approved 144e11__Z1f1 Dated this 2is[day of Novtnber, 1990 WASHING ON STATE DEP OJF RP IOI CITY FtEK^p S By: M Title: // o STATE OF VASHINGTOH ) tiny C SS. county of King J On this day per--or-ally appeared before me F-�, t Glc to me known to be the Mayor of e City of Rcmton, the person who signed the above and foregaing instrusent for the City of Renton, a municipal corporation of the State of Washington, for the uses and purposes therein stated and acknowledged to me that he signed the sage as the free and voluntary act and deed of said City of Renton, and that he, was authorized to so sign_ GIVEH under my hand and of4wington, 'seal the day and year last above written. putrelic in far the State o Residing st Kr a T my Appointment ovplres 18 BI/QCO2344y DOT roux 262-017 REyIBED 10/77 Paqe 3 of 3 page8 Parcel No. 1-13443 O i { 'r ? Government Lot 5, H.H. Tobin Donation Claim #37, Sec. 17-23-5 r * L �ti N PAcIFIc Noiici,i jwL,, i, Tt'i'l,t,. Order No. 642166 Corz)parky ofAVa-skington, Inc -- - TMPOI?'-'ANT: This is not a Plat of Survey. It is furnis:_ed as a convenience to locate the land indicated hereon with referL:nce to streets and otlier land. Po liability is assumed by reason of reliance hereon. PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC_ 215 Columbia Street Seattle, Washington 98104-1511 Senior Title Officer, Mike Sharkey (mikeshaikey(a�pnwt_com) Title Officer, Curtis Goodman (curtisgcodmangpnwt_com) Assistant Title Officer, Charlie Sell (charliebell@prnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 Seattle Public Utilities P.O, Sox 34018 Title Order No.: 642166 Seattle, IRA 98124-4018 Attention: Effie Moody Your Ref.: Renton Fish Hatchery A. L. T. A. COMMITMENT SCHEDULE A Effective Date: February 13, 2007, at 8:00 a.m. 1. Policy(ies) to be issued: A.ALTA Owner's Policy Amount TO RE AGREED UPON Standard (X) Exrended ( ) Premium Tax (8.8%) Proposed Insured: CITY OF SEATTLE, a municipal corporation NOTE: IF EXTENDED COVERAGE FOR OWNERS OR LENDERS WILL BE REQUIRED FOR A PENDING "'NAINSACTION, PLEASE NOTIFY US AT LEAST ONE WEEK. PRIOR TO CLOSING SO TI3AT WE MAY INSPECT THE PREMTSFS- B.WORK CHARGE Amount Tax $ 900.00 $ 79.20 2. The Estate or interest in the land described herein and which is covered by this. commitment is fee simple. 3. The estate or interest referred to herein is at mate of Commitment vested in: STATE OF WASDINGTON 4. The land referred to in this commitment is situated in the State of Washington, and described as follows: As on Schedule A, pages 2 and 3, attached. r Order No. 642166 A.L_T.A. COMMITMENT SCHE➢ULE A Page 2 The land referred to in this commitment is situated in the State of Washington, and described as follows: That portion of the former Burlington Northern Railroad Company right-of-way (also known as the Pacific Coast Railroad right-of-way and the Columbia and Puget Sound Railway right-of-way), being of variable widths on each side of said Railroad Company's main track centerline, as located April 21, 1995, upon, over and across Government Lot 5 and the Henry H_ Tobin Donation Land Claim Number 37, all in Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) LN 255+03.47 on the LN Line Survey of SR 405, Renton "S" Curves, and 202.28 feet northwesterly therefrom (said point equals HES RR 654+64.65 on the RR Line Survey of said Highway and 36.54 feet southeasterly therefrom); thence northeasterly to a point opposite HES RR 656+42 on said RR Line Survey and 40 feet southeasterly therefrom; thence northeasterly along the arc of a 714.86-foot radius curve to the right, a distance of 192.93 feet; thence southeasterly along the arc of a 2,058.66-foot radius curve to the right, a distance of 197.61 feet; thence southeasterly along the arc of a 1,469.95-foot radius curve to the right, a distance of 204.58 feet to HES RR 662+57.99 on said RR Line Survey and 40.58 feet southwesterly therefrom; thence southerly to a point opposite HES RR 662+66.35 on said RR Line Survey and 65.39 feet southwesterly therefrom; thence southeasterly along the arc of a 1,444.95-foot radius curve to the right, a distance of 397.38 feet to a point opposite HES RR 666+79.59 on said RR Line Survey and.50 feet southwesterly therefrom; thence southeasterly, parallel with said RR Line Survey, to a point opposite HES RR 689+31 thereon; thence northeasterly to a point opposite said HES and 50 feet northeasterly therefrom; thence nort}:westerly, parallel with said RR Line Survey; to a point opposite HES RR 666+79.59 thereon; thence northwesterly along the arc of a 1,544.95-foot radius curve to the left, a distance of 647.74 feet; thence northwesterly along the arc of a 2,133.66-foot. radius curve to the left, a distance of 2.04.81 feet; thence northwesterly along the a-c of a 789.86-foots radius curve to the left, a distance of 119.35 feet to a point opposite TIES LN 257+65.09 on said LN Line Survey and 121-04 feet northwesterly therefrom (said point equals HES RR 657+29.45 on said RR Line Survey and 38.41 feet northwesterly therefrom); (continued) Order No. 642166 A.L.T_A. COMMITMENT SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: thence westerly to a point opposite HES LN 257+39.5 on said LN Line Survey and 143.5 feet northwesterly therefrom (said point equals HES RR 656+97.5 on said RR Line Survey and 42.94 feet northerly therefrom); thence southwesterly to a point opposite HES LN 256+58.51 on said LN Line Survey and 164.15 feet northwesterly therefrom (said point equals HES RR 656F21.55 on said RR Line Survey and 8.73 feet northerly therefrom); thence southwesterly to a point opposite HES LN 256+33.01 on said LN Line Survey and 170.74 feet northwesterly therefrom; thence southwesterly to a point opposite HES RR 655+16.82 on said RR Line Survey and 23.37 feet southeasterly therefrom (said point equals HES LN 255+54.39 on said LN Line Survey and 190.95 feet northwesterly therefrom); thence southwesterly along the arc of a 1,005-foot radius curve to the left, a distance of 52.20 feet to the point of beginning; EXCEPT that portion thereof lying northwesterly of the southeasterly margin of SR 405 (Primary State Highway No_ 1) as described in Deed recorded under Recording Number 91.04010275; AND EXCEPT that portion thereof lying easterly of the east line of the :southwest quarter of said section 17. END OF SCHEDULE A NOTE FOR TNF:]RMATIC)NAI. PURPOSES ONLY: The foTTowi-ng may be used as an abbreviated legal description on the documents to be recorded, _uer amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. Ptn. GL 5 and H.H. Tobin Donation Land Claim No. 37 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. A.L.T.A COMMITMENT Schedule B Order No. 642166 I. The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment- B. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Wcrkmen's Compensation Act now shown by the public records. 5. Any title or, rights asserted by anyone including but not limited to persons, corporations, governme-:ts or other entities, to tide lands, or lands comprisig the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as es-ablished or changed by the United States Government. 6. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts au-horiring tr:e issuance thereof; (c) water rights, claims or title to water. V. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. B. General taxes not now payable or matters relatinq to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. C. SPECIAL EXCEPTIONS: As on Schedule B, attached. Order No. 642166 A,I,.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: :VOTE FOR TNFORMATT.ON PURPOSES ONLY EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. wnVM7\T• MARGINS TO BE 3" ON TOP OF FIRST PAGE, 1" ON SIDES AND BOTTOM - 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. RETURN ADDRESS IS ONLY ITEM ALLOWED WITHIN SAID 3" MARGIN. NOTHING WITHIN 1" MARGINS. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8 1/2" BY 14 NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR 'TAPED NOTARY SEALS; PRESSURE SEALS MUST BE SMUDGED. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: RETURN ADDRESS, WHICH MAY APPEAR WITHIN THE UPPER LEFT HAND 3" MARGIN. TITLE OR TITLES OF DOCUMENT. IF ASSTGNMENT OR RECONVEYANCE, REFERENCE TO RECORDING NUMBER OF SUB3;ECT DEED OF TRUST. NAMES OF GRANTORS) AND GRANTER S) W--TH REFERENCE TO ADDIT=ONAL NAMES ON FOLLOWING PAGES, IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME, OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED,). ASSEESOR'S TAX PARCEL NUMBER(S)_ ( C011tinued) r Order No. 642166 A.L_T.A. COMMITMENT SCHEDULE B Page 3 SPECIAL EXCEPTIONS (continued): 1. Any unrecorded permits, licenses, leases, easements and agreements entered into by the Burlington Northern Railroad Company and/or its predecessors in interest, pertaining to toe use of the right-of-way by other parties for water, sewer, gas and petroleum pipelines, electric lines and other utilities, telephone, or communications services and equipment, or for private and public drives, roads and railroad crossings. 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: Chicago, Milwaukee & St. Paul Railway Company PURPOSE: Electric transmission system AREA AFFECTED: The description contained therein is not sufficient to determine its exact location within Government Lot 5_ RECORDED: January 21, 1918 RECORDING NUMBER: 1186901 3. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PT7RPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: IN FAVOR 0: Puget Sound Power & Light Company PURPOSE: Electric transmission and/or distribution system AREA AFFECTED: As constructed over cr through said premises and other property DISCLOSED BY INSTRUMENT RECORDED: December 13, 1970 RECORDING NUMBER: 6725195 ,continued; Order No. 642166 A.L.T.A. COMMITMENT SCHEDULE B Page 4 4. EASEMENT AND THE TERMS AND CONDITTONS REFERENCED THEREIN, INCLUDING, 13UT NOT' LIMITED TO, THE FOLLOWING: RESERVED BY: Puget Sound Power & Light Company PURPOSE: Electric transmission and/or distribution system and access thereto AREA AFFECTED: ':ne description contained therein is not sufficient to determine its exact location within the property herein described. RECORDED: May 21, 1993 RECORDING NUMBER: 9305212362 S. Any loss or damage sustained as a result of t_e use of the land for any purpose other than a right-of-way for railroad purposes, as provided by instrument recorded under Recording Number 13022. 6. Any claim or allegation that the estate conveyed to a railroad company by instrument recorded under Recording Number 13022 constituted an easement only. Said instrument contains a recital, substantially as follows: . . . to have and to hold for Ia] right-of-way, so long as the same shall be used for railroad purposes. 7. Lack of access to and from the land. 'access to the premises, if available, may be acrccss a railroad right-of-way to the west. S. Terms, conditions and provisions set form in any railroad crossing nermit. orouerty herein described is carried on the tax rolls as exempt; however, _r will become taxable from the date o`. tr.arysfez to a taxable entity_ TAX ACCOUNT NUMBER; 172305-9179-05 NO"E: PLEASE CONTACT THE KING COUNTY ASSESSOR'S OFF=CE AT 206-2 6- 5151 OR ONLTNF AT "S^lW6I.ME'FPOKC.GGV/ASSESSOR" TO VERIFY TT:�E TAX AMOTIN'T DUF, AS EXEMPT `TAXES ARE SUBJECT TO CHANGE WI=IIOUT NOTICE. AFFECTS: Includes other property (continued) Order No. 642166 A.L_T.A. COMMITMENT SCHEDULE B Page 5 10. SPECIAL TAKES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: TAX ACCOUNT NUMBER: AFFECTS: SPECIAL DISTRICT: TOTAL BILLED 2007 172305-9179-05 Includes other property AMOUNT BILLED $14.27 $10.00 $24.27 PAID: $24.27 TOTAL DUE: $0.00 11. Trust deed or mortgage dated November 10, 1896, executed by Northern Pacific Railway Company, a Wisconsin corporation, to The Mercantile Trust Company, a corporation, to secure payment of bonds in the aggregate princ.ipal sum of $130,000,000.00 and interest; recorded December 28, 1896, in Volume 137 cf Mortgages, Page 1, under Recording Number 153716 and supplemental indentures thereto, if any. 12. Trust deed or mortgage dated November 10, 1896, executed by Northern Pacific Railway Company, a Wisconsin corporation, to The Farmers Loan and Trust Company, a corporation, to secure payment of bonds in the aggregate principa-. sum of $19D,000,000.00 and interest; recorded December 2.8, 1896, as a real estate mortgage in Volume 137 of Mortgages, Page 92, and as a Chattel Mortgage in Volume 33 of Chattel Mortgages, Page 1, under Recording Number 153717 and supplemental indentures thereto, if any. 13. Consolidated Mortgage dated March 2, 1970, recorded March 3, 1970, in Voume 3t)l of Mortgages, page 72, under Recording Number 6625578, records of King County, Washington, and supplemental indentures Thereto, if any: MORTGAGOR: Burlington Northern, Inc. MORTGAGEE,: Morgan Guaranty Investment Company of New York and Jacob M. Ford, II, Investor 14. :Tnrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures a- the expiration of the term. tcontinued) Order No. 642166 A.I,.T.A. COMMITMENT SCHEDULE B Page 6 15. Until all potential rights and claims pertaining to the BNSF Railway Company right-of-way are resolved to this Campany's satisfaction, that portion of the legal description which lies within said right- of-way will not be insured in any forthcoming transaction. 16. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100,000, and our total liability under this commitment shall not exceed that amount. 17. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Renton. Present Rate o* Real Estate Excise Tax as of the date herein is 1.78°s. ENE OF SCHEDULE B Title to this property was exa-nined by: Jan McNeil Any inquiries should be directed to one of the title officers set forth in Schedule A. JM,/930 212362, 9305272151, 95050311.11 Seattle Public Utilities P.O. sox 34016 Seattle, WA 98124-4018 Attention: Effie Moody Order No.: 642166 Your Ref_: Renton Fish Hatchery Please find enclosed a copy of a Commitment for Title Insurance on the above referenced transaction, as requested. Thank you for the opportunity to serve you. Pacific Northwest Title Company of Washington, Inc. takes great pride iT) the service and customer sat-isfaction we are able to provide our customers. If we can answer any questions or provide further assistance, please feel free to call. Mike Sharkey Senior Title Officer Uoi.t No. 12 Government Lot 5, H.H. Tobin Donation Claim #37, Sec. 17-23--5 ""I A\& P.NciFic �oRTHwEs,r TITLE order No. 642166 Coxzzpanyof'WaAington, Inc. N TMPORTANT: 'Phis is not a Plat of 5urvev. it is furnished as a convenience to locate the land indicated hereon wi`h reference t❑ st-reeL.s and other land. No liability is assumed by reason of reliance hereon- s i t =fled for Record at Request of Washington State Dept. of Transportation 15700 Dayton Avenue North Seattle, WA 95133 QUIT CLAIM DEED The PUGET SOUND POWER & LIGHT COMPANY, a Washington, vU corporation (hereinafter referred to as "Puget"), for and in 0\. consideration of Ten & N0/100 Dollars ($10.06) and other good and valuable consideration conveys and quit claims to WASHINGTDN STATE DEPARTMENT OF TRANSPORTATION, fhereinafter referred to as "the State", the following described real cotatc, situated in thn County of King, State of Washington: The Burlington Northern Railroad Company right of way, being a strip of land 100 feet in width lying within Government Lots 5, 6, and 9, the Southwest quarter of mot] the Southeast quarter, Henry H. Tobin Donation (Land) M Claim No. 37 and that portion of land Southerly of Cedar River as established by King County Superior Court [V Decree NO. 90072, Easterly of the Town of Renton, as per U-) plat recorded in Volume 1 of Plats, pages 135, therein, Northerly, Easterly and westerly of said Claim No. 371 and Northerly and Westerly of said Government Lot 5; all in Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington; EXCEPT that portion conveyed to Seattle -Tacoma Interurban Railway by Auditor's File No. 243056; AND EXCEPT, The Southerly one-half of the following: ri The Burlington Northern Railroad Company right of way, being a strip of land 100 feet in width lying within o said Government Lot 9, of said Section 17, Township 23 0 North, Range 5 East, W.M., in King County, Washington; All of the above said right of way having been 3 established in said Section 17 by instrument recorded under Auditor's File No. 13022. Puget herein reserves unto itself, its successors and assigns, for the purposes hereinafter set forth, a perpetual non-exclusive easement (the "Easement" herein) over, under along, across and f through the above described real estate (the "Property" herein) subject to the following terms and conditions: 1. Purpose. The right to construct, operate, maintain, repair, replace, improve, remove, enlarge and use one or more electric transmission and/or distribution systems over and/cr under the Property, together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: a. Cverhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; €iber optic cable, communication and signal lines; 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, Puget may, from time to time, construct such additional facilities as it may require for its systems. fE�� � fabd for rpWrd G7r Sara'! rya a� c:�x:slon orb. rt has "I becn ua.TkAd Gs tr pmp::&K-4awa X " 0 b dWA 4 y m M ry j.t. \o�t�ls 6-DC-5855 022493 _6D t]C[ ar 2. Access. The right of access over and across the Property to enable Pu,3et to exercise its rights under the Easement. Puget shall repair or reasonably compensate the State for,any damage to the Property, including damage to roads, trails, crops, driveways and fences caused by the exercise of such right Of access. 3. Property Clearing and Maintenance. The right to cut, remove and dispose of any and all brush, trees and other vegetation presently existing upon the Property. Puget shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees and other vegetation upon the Property which could, in the opinion of Puget, interfere with the exercise: of Puget's rights under the Easement or create a hazard to Puget's systems. 4. Trees. Puget shall have the right to cut, trim, remove and dispose of any trees located on the Property which could, in Puget's sole judgment, interfere with or create a hazard to Puget's systems. Puget shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give the State prior notice that such trees will be cut, trimmed, removed or disposed of (except that Puget shall have no obligation to identify such trees or give the State such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency conditions). The State shall he entitled to no compensation for the trees cut, trimmed, removed or disposed OE except for the actual market value of merchantable timber (if any) cut and removed from the Property by Puget. S. The State's Use of the Property. The state reserves the N right to use the Property Ear any purpose not inconsistent with NOthe reserved rights herein granted, provided, that the Stake shall C7 �J not construct or maintain any building, structure or other object on the property and shall do no blasting within 300 feet of u7 puget's systems without Puget's prior written consent. CD CT 6. Indemnity. Puget agrees to indemnify the State from and against liability incurred by the State as a result of Puget's negligence in the exercise of the rights herein reserved by Puget, but nothing herein shall require Puget to indemnify the State for that portion of any such liability attributable to the negligence of the State or the negligence of others. 7. Relocation. In the event the State dooms it necessary to terminate all or a portion. of Puget's rights under this easement, and relocate any of Puget's facilities thereon, Puget and the state hereby agree that the State shall, in a timely manner, convey to Puget a new easement, with rights and conditions identical to this Easement, and in a location, alignment and width approved by Puget, which approval will not be unreasonably withheld. The State also agrees to pay Ear the cost of relocating any existing Psiget Eacilities Erom the Property to the area covered by the new easement, In turn, Puget shall, after accomplishing the relocation of its facilities and receiving payment from the state for the cost thereof, deliver to the State a document releasing its rights under the Easement :with respect to those protions of the Property intended to accommodate the realignment of the trail. 8. Successors and assigns. Puget reserves the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests reserved herein and otherwise arising under this document. Without limiting the generality of the Eoregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. 06-DC-5855 022493 M. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed this a571t day of m4c-F-C-+ 1993. PUGET SOUnD POWER & LIGHT COMPANY *D1for Real E ate ACCEPTED AND APPROVED STATE OF WASHINGTDN DEPARTMENT OF TRANSPORTATION BY: O Z- rC/ Joachim Pestinger, 5R/1 Director, Real Estate ervices STATE OF WASHICGTON) (1} )SS. COUNTY OF KING J On this .'2SI day of NV'Nc C4 1993, before me, the undersigned, WAYNE H. HOPMAN, to me known to be the Director Real Estate of PUGET SOUND POWER 5 LIGHT COMPANY, the corporation that Cl) executed the Eorcgoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. r�,�' y hand and official seal hereto L C .r i t ton. �}r, affixed the day and year d tVARr Uj Notary Rijblic in and for the State of -PUBLjry aJ Washington, residing at WoHnrna up4yT�9r��'`. My commission expires 6-EC-5E55 022493 I/ a `u' C 4 = U D x 'c. n u ::2 QUITCLAIM DEED m �' cn State Route 159, Renton: Maplewood to Jct. SR 405; AND SR 405, Renton "S" Curves The Grantor, CITY OF RENTON, a municipal corporation of the o ,r4 State of Washington, for and in consideration of MUTUAL BENEFITS, (a- lR3 conveys and quitclaims to the State of Washington the following r� .4 described real estate, and any after acquired interest: therein, o� Cq situated in King County, in the State of Washington, to the same - N extent and purpose as if the rights herein granted had been acquired N under Eminent Domain statutes of the State of Washington: w to Z See Exhibit A attached hereto and made a part hereof It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the state of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of 7 Transportation, by the Director of Real Estate Services. 5 n Dated f"\f G . 1993 Accepted and Approved: STATE OF WASHINGTON CIT F RENTON Department of m port tion LUACHIM PESTINGER, S /WA Director, ilea Estate Services Title: 4 Icy 4- Date: / 3 By: G Title: FA No. F-165{ ) Parcel No. 1--14i67 P��ge 1 of 3 pages .11 !l; V4 N r- C4 N C� QUITCLAIM DEED ©TATE OF WASHINGTON ss. county of on this Z� day of (�A2=:cCJ'---- before me personally appeared r r1 i 01 cLt- t0 me Kf]oWn to be the duly elected and qualified Mayor and city Commissioner of the City of Renton, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that they were authorized to execute said instrument by resolution of the Mayor and city commissioners of said City, and that the seal affixed is the official seal of said city. GIVEN under my hand and official seal the day and year last above written. Notary blic in and for the. State o Washington, Residing at t My Appointment expires D Q 'n'.�aNY1.fl�e n 14ct/14167gcd • FA No. F-169( ) Parcel No. 1-14167 Page 2 of 3 pages r' 73 QUITCLAIM DEED E%SIDIT A The Burlington Northern Railroad Company right of way being a strip of land 100 feet in width lying within Government Lots 3 and 5, Section 16, Township 23 North, flange 5 East, W.M., in King County, Washington; AND, The southerly one --half of the following: The Burlington Northern Railroad company right of way being a strip of land 100 feet in width lying within Government Lot 9, Section 17, Township 23 Borth, Range 5 East, W.M., in king County, Washington; All of the above said right of way having been established in said Sectiona 16 and 17 by instrument recorded under Auditor's File No. 13022. Y The specific details concerning all of which are to be found in those N certain maps of definite location now of record and cn file in the office of the Secretary of Transportation at Olympia, and bearing date_ of approval February 18, 1971, revised November 25, 1992, for the SR 269 map; and date of approval October 24, 1988, revised j November 23, 1992, for the SR 405 map. LO G� Rev ed: FA No. F--169 ( ) Parcel No. 1-14167 M • QUITCLAIM DEED BURLING'TON NORTHERN HAILROAD COMPANY (formerly named Burlington Northern Inc.), a Delaware corporation, Grantor, for Ten and no/100 Dollars ($10.00) and other good and valuable consideration, conveys and quit claims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to STATE OF WASIUNGTON, Department of Transportation, Grantee, all its right, title and interest, if any, in real estate situated in King County, State of Washington, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington, together with all after acquired title of Grantor therein, described as follows: V"1 All that portion of Burlington Northern Railroad Company s (formerly Pacific Coast Railroad Company) Renton to Snoqualmie Falls, Was Branch Line right of way, being of variable widths on each side of said Railroad Company's Main Track centerline, as now located C and constructed upon, over, and across that art of the H_ R, Tobin Donation Land Claim Number 37, that part of Government Lots 5, 6, and 9, and that part of the Southwest quarter of the Southeast quarter (SW}SE-J), all in Section 17, Township 23 North, Range 5 East, i 'Willamette Meridian, King County, Washington described as follows: JWGINNING AT A POINT opposite Highway Engineer's Station ., (hereinafter referred to as HES) LN 255 + 03.47 on the LN Line Survey of SR 405, Renton "S" Curves, and 202.28 feet Northwesterly therefrom a (said point equals HES RR 654 + 64.65 on the RR Line Survey of said M Highway and 3U4 feet Southeasterly therefrom); .D Thence Northeasterly to a point opposite HES RR656+ 42 on said RR .D Line Survey and 40 feet Southeasterly therefrom; 4j Thence Northeasterly along the arc of a 714.86 foot radius curve to the t+a rightadistanceof192.83feet; a Thence Southeasterly along Lhe are of a 2,058.66 foot radius curve to the right distance of 197.61 feet; v 'Thence Southeasterly along the arc of a 1,469.95 foot radius curve to the right a distance of 20058 feet to HES RR 662 + 57.99 on said RR Line Survey and 40.58 feet Southwesterly therefrom; Thence Southerly to a ointopposite HES RR662 + 66.35 an said EAR Line Survey and 65.39 feet southwesterly therefrom; Thence Southeasterly along the are of a 1,444.95 font rodius curve to the ri&ht a distance of 397.38 feet to a point opposite IIES RR 666 + 79.59 on said RR Line Survey and 50 Feet Southwesterly therefrom; 1 U1427055 05/03/95 .00 j26BCO-00 i0 0 M 0 Thence Southeasterly parallel with said RR Line Survey to a point opposite HES RR 689 + 65,3I thereon; Thence Northeasterly to a point opposite said If ES and 50 feet Northeasterly therefrom; Thence Northwesterly parallel with said RR Line Survey to a point opposite HES RR 666 + 79,59 thereon; Thence Northwesterly along the are of a 1,544.95 foot radiuu curve to the left a distance of 647.74 feet; Thence Northwesterly along the arc of a 2,133.66 foot radius curve to the left a distance or204.81 feet; Thence Northwesterly along the are of a 789.86 foot radius curve to the left a distance of 1.19.35 feet to a point opposite HES LN 267 + 65.09 on said LN Line Survey and 121.04 feet Northwesterly therefrom (said point Zals HES RR 657 + 29,45 on said RA Line Survey and 38.41 feet rthwest.erly therefrom; Thence Westeriy to a npint opposite HES LN 257 + 39.5 on said LN Line Survey and 143.5 feetNorthweaterly therefrom (said point cquala HES RR 656 + 97.5 on said RR Line Survey and 42.94 feet Northerly therefrom); Thence Southwesterly to a point opposite HES LN 256 + 58,51 on said LN .Line Survey and I64.18 feet Northwesterly therefrom (raid point equals HES RR 656 + 21.55 an said RR Line Survey and 8.73 feet Northerly therefrom; Thence Southwesterly to a point opposite HES LN 256 + 33.01 on said LN 94 Line Survey and 170.74 Feet Northwesterly therefrom; Thence Southwesterly to a puintopposite HES RR 655 + 16.82 on said Itlt � Line Survey and 23.37 feet Southeasterly therefrom (said point equals e+� HES LN 255 + 54.39 on said LN Line Survey and 190.95 feet Northwesterly therefrom); Thence Southwesterly along the arc of a 1,005 foot radius curve to the left a distance of52.20feet tothe l'01N'I'Ok BEGINNING. The specific details of which can be found on Sheets 2, 3, 4, and 5 of that certain map of definite location entitled SR 405, Renton "S" Curves now of record and on file in the office of the Secretary of Transportation at Olympia, Washington, hearing approval date of October 24, 1988 and revised duly 23, 1993, The conveyance of the premises herein shall include Grantor's rail, ties, tie plates, anchors, other related track material, ballast, bridges and all appurtenances located on said premises. 4 9 SUBJECT, however, to all existing interests, including but nat limited to all reservations, rights -of -way and easements of record or otherwise. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the said Grantor has caused this instrument to he signed by its Manager Real Estate, attested by its Amistn3it Secretary, and its corporate seal to be affixed on the __,-�Zj day of , i995. RU RL1NGTON NORTHERN RAILROAD COMPANY BY Q nei er IVlnnager [teal Estate ATTEST. rq PI " tdj 'Y . 04al e everniSecretary ll� BN 10223 Renton, WA 3 VA T4 4-4 rl n O in O 1� STATE OF TEXAS ) ss. COUNTY ON TARRAN'r ) On this a t �fi day of 1995, before me, the Undersigned, a D notary Public in and for We State of Texas, my commissioned and sworn, personally appeared D. P. Schneider and LaVoice Meier, to me known to be the Manager Real Estate, and Assistant Secretary, respectively, of Burlington Northern Railroad Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to he the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. y Witness my hand and official seal hereto affixed the day and year first abov written. 0A L'4-Ll' r� n Notary is and for the State o exas Residing at; FortWorth,Texos My appointmentexpirez Decemhcr20,1996 MRE KHOL8 rtowx Pd;ft e STATE 8F' iEJ(llli Ord. 20, to aN 10225 RenWn,wA 4 a -�= la./ky}p y» � Dt (- 6-17 - Daimy jtntm C1Nf &r.d G &I Comp4vy L corp of MV to Chle,%go t(ilwmukdz & St Yr.ul-pailssy Comq&ny a wry Cr tAs 1tata of 'dash frp dcaa fit5..tIf p g,,nd .fa. its Duoc �o� �► � �r�d lagsl .k*,a95 4b cy is -fi n.; .3! si� for rl tha rib- tc er-�at r r int n rz.7i -31,sctri o txrs�niwmi;�cion eyvtd�n 0 c.Frar , along and aer-,se tha f;;�b.g daz rd ptWI' piv in k o .8 A tta^=t o' land n 10 f. 5. d and v .-ua `�D4 W of but all ill aao 17 'p 25 a of yw s 5 aFst W m Th4 grt4aa Clot ibrs lgs I ftt gran=orj� �-')'Ju et p Vv.i-thin wC 45.ya fC` « of ,r.3va8 9 u:_e 1oc Irji" 0'r aay anchor , o rib s or pol't on grantors pty "h: n mzne inlef er4a 71th t},� Conduct of the hit of the grantor 4 Itz auou 'Cif a � 41y!jt no g 3 rl= Lrf 7 p Ile .n- the r'.�C-vs tro*�1ey trwnsmiss ior. tiros p a,!'bSsaora and gV s t and the r igbt to ojs4t traaa froma xj"''gr ne th-b 1 imme th4re bG:ing 28 ani:h*rt and c cribs in alit Hof ad carp has Cad Kh3s invt to be duly execs cory al. no l93f' fi r Le 4�Q_nra. &�L74i CQal tM. f'�N � d '�.�cL1 •s�liS LTb � 4 i 1�IrO �i 4 p a�r.am$- Stein e�'alsilrfa!p.�A+w o 8-1?` 5y �thers'a ! aad�Jn.o �K anent vac6 prays 4 'r of &Any sRontmclay 4a Coal c =y p tha Corp t eXed *I'; � ?Vn. 9 (ecrp tnt 1 bnaf m IF RhiiA'�Ftad = It's p form rya 3.19 a ),Uv 1.4-29 , ,�MR9<Eii� 4 Xi1. SR axu.».e LS' 1 S lni reLel4g eap et-�ok f:o.m $1 g000 0000.00 to 31 9500 900P,.00 ;r di-7id' od into 1 0500 9OZ17 ahara a of tie par val i3 of �l each t t Z"dmz t O Tan ul-13 2-3i? Dt ' 0-1 r-#Ailz vii Uyesh*U!, amd hwf p Mary ?Ian. Zevamhand of kaar t_ t:k,t a l�cs. e 3t pa 1 Hailway Uompamy a carp Of oks' fP do too thmslvao and for th.aa.r rise aegne , a:ie 1 xaLl mess b.. 0y ' thaWd ap t right to Iraict, and m i.ntp-in an a4ieftip, tv WI*piz!n avotem avar r along and thO f019 ,,S r Wit" N#-4d. 4M � v V m °Ti k W A x ,+ -- i ra. i.3 r g f7 is sFanil t,+ t`y agread tba,t tha red or wive leading II.A01,49 fth= prividd for eh&1I coma Out of the rv=4 an tbA I skAr or insids of the rr r of s fonce ! z-- M tvgtdsj cammijo of one anchor o .ly and the nanasmary guye . +r z e , a� p � r� ; _ _I•t, tbl �f4m tor atct fir° era m w-A 'tee. . lout w of p ly w kit I Rao muwm xioit i,.,f W_y/. ' �i as rst'iy `L^>" a.�-xxr� sat Eax�, Sc;eE'�;t aalstrrfr'd i3;�Ii!� ;� t'>rn G`hsrFCi� r..„� t[s� pss?s-;r,�, z� • ;;: '' Yx•�, E "f't,1�rS^t:c-+�'jCy" i::3t'Gid,L# d�s+:?'."h8d � Ct1iL,g5a'�- - 1Ft�ary.i;�lli4y:�.:.. - ".�..�.��'?a�k4Yi•ail{ih.•da4.o3Flq�=".',-`::=3="-..«M.��:.:-:.`�sc.,t�a�:C:��L-S_Yi�7.Gii. _ ��rA �u :�aaa.abrsact .na3ra: 'meat 1xsCe61M of «t1 Above dwc.-RIed Ppxr4'xs2'ty lyin Odd-, a . :y C& ima 4 feet 9a, Ad l fill � feet OF y,� Ni,' h = c� side of a ittern as BP y: tg at <: t S T�±5Ir #. .49" ssu® t}is �a � &at � ae�Qzt m t t3T AUCt jjFtj V IRS,_VMeS Cr_%y; thence N t 5°1?'27" W. ?oz.14'r CO :=fit "C F�-;V d �9 • � S �=G" �ir 20 671 to point "j`' aljftj is er �t�i,ttt : of sj, .d �+�te���zzi P. r.z to ri z for OV* us I. ttilaCs a�fcxix. G�, 17Lbaucs R"tr1'rC fetit�eslt: i?rr`slt " ': 4t"xp of iaad 5' it width slue rwaor i of uhirll cztwiu4- s W. 2 . CIY Y(B 3rdd -ohiL "rJ": .� a str of Witt Ci % r®' A F P a sfellcixllg OUN.r=j'i� ald ui.}milk-3]x to &.0 sc tit..C'.-�tcriy M-4r&in Of rajLl4ay rjotic Of 4rdy E'r'M %,ini {4': A s" n of l;atd 3' Lj widtah shL rari of which 0-attud, o 7thoriy a di3ea2,`9t cif dt7 r "is;ms ai.d Point "C'. 1 Par;>Gs+. GrarliSe sl!rill frB :'4 Ne rlpl !a cwlrzz u_•r 'rmrctu, rrrSLSMIn, r tw:" rep5nsa &`�d Zttlarge oft .or rnarc eiet*crlc t_8t9AMjSSlc7t um, or dlstribu Llon lutes m,.•r r<sd. nr Mdtr life rj;ge=er with all n zv.%r.Aty or CrTlvcajl et r.L r;eslan re5 tttarNtr, whla9 nee I inc l-,tde titer are rtol flail Lei to Lhe followi-ng rZ avesBrrod I=kepi®. Pales artdior towcrc vItt, r.rxmrnrru, 0rreea guys eeri uctwta eta trlc =rmx1 js1 ticn Mat! dialrihuilan lilies- Cummt::.eeuelen rv.,, cIwjwl IIRL' trawn'-Mem t7 Uzderat'owhd laealitics. [lr3derjtre4usl cortcieu La rlletT,; vaults mitrjYvns. sw1mres ,LC trans ..,^Arw semi -0teP Ea? Cr gr+AMCI mcwmed 19CI Ll ::r,rr as pr ria rr�nsrerraem 5qd sw'tIr_h=+s ?Wlrrwlvj the In]dul c rMI.MT tIOa Cf 1L5 .•dr:ll,t„ n r e n r»u'f from nmr. _z� !.me cnr_wIr CI ;,LCA nru9 -„--wI I:,m eltl outer rnc!Ilttes as it '.r,a� require 4 Rtxr:sa Cl[Mt_re sY.iilk anue v.. :SKr;: ., c.- .,,, usv.R; -[.Was aver ett_ acr^s.: tnc t:et_WP, C,7w..1ce tw axemise Its r1F}1ts hemLndnr tent (,rsn;na :t+:ll �TDetisate 3-arl'3!ttr- rtrr cry <itt=ge W the P^tgr M caetss�d uy the 1h r±rr.•;c "I =„tld rSghl -;r ,"•C�es3 r 3 CaMO& of Trms. Crme cv sftall gave Lhe 09:1 r', tat ar trim any erd 311 hr4sh or trees ::c7ding r)r arrwUng tMatt the PJJV*ul-a'ay, and also the rIghLEn C't rer Lrtr.n a y trees J?6fs Li^ 4'_Vert} wrtich in r.+x3ic, iR Gt �'1Lee5 ^e�sSaa,sf3l4 )iSL'(yd?tw]t. Ite a r,rzvrird L, i[r�t7!-'F4 r,7CEiIL'E9. ' 4 f rEmWr'n rein al �; - 7-4-v rntntor-sarvt..T tin r4o;t to o5P the RIgLS-O: Way i0= any Gur"� ,ik ,,,=:mr1sumt wtb, Coe rtc,3lts herein S;ini.'G' ; rnv�•u,l „r,•..r.: r. �oi rtni C6nStruc' or ..asl;te!n ytse:ld!ng -r hear sirum ra ce rh F' kI',Itt n! tL�•: 2,,1 r.� i^t rr :hnfl I:, r.1 pll5ttn� wlr�; l^ �uG tri: -=^�aF. lrsc!1tr;M c:L.GCI. Lrr Witt-� POCI fAi^m�err:• 'iy : ­r[3ti:tg, 01., n .r-::-K .i,s r:1":i,rr•r+r.l v,r3P'nN �pr.,:+o ,.y�L'. fr r: rri'i �-erInr 'r-e,r, �.. . .� 3,. ,.r _ , ,j.-. �e., ..... r . --� .rrr•: ornnc e^.rr r. �� '.,ew��ti its,. s 2J': ! v_r a..et.. r.. ^g c . - - - - r. .. _ r s;, .,.,3r. �. .. �or¢Y• 4 �,,,r^���Vg �gp� �� tpad'ditionai sheeta a .. eLs:,; .c_ �r ..� rs .. . .r _ _o _ , ,.1�� +CII ¢�i'UN •I—...��„ '�,tty�® L i_, r:,.n'ri , r'.'Sr 1w ♦ r - r .., - . i 4• ' hai �� tM�.y „ .�w �E97C1 _ .. 19'!" A`M Oa' %ASiaTf?lM4 oxurr an �d6r peet�apap h®iure ao rr _ - sa. M* WORt to be ow t:ibstt l� 4aft-ribed to autd V" 4OMP d kba with tva3 Sari OW —Zkmd die acme AS _.jtcw 06d votadirrX W awd 4"d for 00 , purl M tW—in gae*t:idVerd. i Oder ski''tpw aqa; QXWl seal tltio,_._,�.._ dw t�4f7 ;n eaa9 iar ixr �5�e• ���d�wi+ice, r &k. 3TATH OF CCOJN?Y OF XMIS t On t12la19t_d4 aft HyvemZter i -jQ� SnSurc rrw. tfm urderslrtteC. Inrrrc>rW;y ttatearffii 91 3kari and^ Fain ?4, lPr�er m mo mown to he the _Vice Fresident_._..snd— Ain'. Sa-^-.cr`eta_r-y_u. respectively, cd 7ynwAa Corporation _ ___ die eorpotaticn iLat ;utVr dw lar� Ii ut-=*nt. end uckrswlcdUed U'.^ xtiia IantnLmernt w Re the free and vgitunary act an6 oleo rd rOr the LLSd$ arxl pUrpf't.e4 :nervin MkrftUuiwd, gild rxs auA 5id:ed that Chey «:e _ 94SAte Me =. L,'A soul oSflaarf Is the corporate r eA1 of said caMoratera hWtc apd 0HICIA1 seal hcreio alfrxed she uiy oars y,sr I-Irst abare trritten_ a err J%d�.t,e in tad for tbs StMe of y'"iaata$. zrwes _o 0t Claim to �-tW'tor all : hale rights reserved tq Grantee to e4ainca n and opersca an lie hric PO ;e or transmistiOf) 16.tiz tryr[ ar With rims. rrcrrsx-aa. guys and other 4pp�--tr.nance:t, Upon, dlanq, 4Ver Or uc'ro7s the truer of rixatis at land " i.t lnrlsnrure dotted kuqust 20, 1534 ba- tween P` ,-t; SO=d Poser ar.d I.lghr :n Wry, t„xrty o`- the F1.,,, pax-:, xr.d .:l adrii r.q ncftar. t. CO., party of the scrc9;'� ;art .uj:1 .i; rece.••ied Sepc�-th*r a, 1934, :n Kf n4 r_otanty, Wt.shlZyY�r., audlt:r'3 `i 51 r, ali in rq'mrnr,,rnr Lct-, In the 4o0 t}rwe9i k of the Rn�,r..P,��• ti of .n rt:z� . .: I'.1 A`E, u..'1. DEC 18 1970 Aoftux" AMP "Ax-aip sma".46M4 "4 jW^^ fW1. hyAkvvpq um Co. (*ffhWW wMAW45 f*ffM ro,84 0., '^&AWWUrpfttoo4l). iftm OwnNy (*Ovk. 41ir **Fs4jijwil to4nvd waR "Umk juwe) mq U4 4imm, W4 rAMMOOO me$"" & (41, till"j* to as ,y its ho&'W. 04 51401ry. NO wmralw awy WJWWAOM rani u0mlog (asr;cr flin LAWS of dif an IL CWPWXJM aWy Qfp Cjj �4j &I(jrAL-W it w Jtftty, L�ivZ bow iAxatWvzd oa May 4.1%5; ud txfPM34m &.iy ays**M4 WM exuft W*r qke 1..Jft 4 t%q ,AMu bam iftverw-ated m Apaik J& 104. MA b WSIMACM Lack jeiftk tum an aut1weirw (SOW Wmk --iwft rif SM &hues at 9% PraiwrW Pat vale, *i mntch cw ah&fts arc ruw Wit pm vdw rath, (A vt6Kh IA4,kqx sbmej are naw iowd And u4=diW& WA a JWWW 10.11M Rh2M W II#W in mamirl &( 1`_a3tk juiw; rod W-.-atlas F.'actiwChTmicz; Its. au 4udwued capW w" ctmisiOnq of Um skur3 cd $100 par vO v -flk C4 mach 76 %hArt= &TC r nm WMI and WUQWWbfiq d-J 4 of w6mb We Awned br L.W'- J"I. aftl W mimLxs k:W4L.jg, MZRf"ATL. NaS an 2UI'4mzcd caporal .4-cit nwt5iong of 2.S110M isam ai C4fwmJ L,tvck. $5 W ruler rah, ni 41,w-h 1.774-437 shares -ra mm emwd aM oumAndanC; " W-fpaf� 3" curfttndv aniLtu.-Ime orbom In Immha" V,103 Owts of the Coxurr, arir I)* pw Alm 14 i�k )molt -hrb "t rnefrm-'Ae iuxAK the Irn-yrw ptmr_ad camwAmmiar A,'I 2-1. Watais Ibm Da"v Gi D,f-lcrl d Flmv*-4 xeesnc�I I ,ws. jmm am-4 (;wding. Mille2LD 6--.1 .1 ill ttmr Itrst It c=,46 ., il"- hem1,duT -i-rm to u mc 12441LA7 I =W dh"r rr3Em%-t;ve twkLfiakderl ihal. 'dw LUrmut,md pruvuked. and WIJUMAS lhC SaRFTS &i D-MCM15 CJ M.Zh Cd t-• CDaUIWMc C.rpVrAftOn3 hu apCxoV"j thZ A.-rce- mrnl aas41 Plzr. of birtgar, Nuw, Tormunm the Cotmilumt Ckwjov2r:,=-s 4v Kwtthry w,th each aysar that U7-k ju-m j-m G6dding, %Cc Dean be merged LatQ Tint ing Cur?aratmi t-ur3umnl to the q-F=)le =mlm of Delaware. %ew Ters-Y and UI&Wnua Wul Lv,ma the aaJ cumfamltm hfTnm dber let IL4t!s ARTICI S I Lean !h, rtlrcli,e 121, .1 'b" the the A De E iIi j I u IL _ . e . . y'• ��� -. � ai -.s � ;:s�.rr _ -,� S{.. --fa k -,. 7�- rt�x � -� .eo r � +�f�v '�Ls .k:4iA � SL 7 s- � � ru-✓Fey � ti Y'��111� x. i wv+ 4 � �tl f iYwN ii1 �$ i14!`ViHj� plwa�7 ow+IRMOWfi AftwkAw with k piodi iieuns iitlft M mcz ry UOM tht mkvtlw'C 40* of thi3 Wes, tht 31AA p m zr'yit-:--: cd liv' 6sae direg9rtys ate$ gtffm6 of the aidmimag Ci atp oja, wt* stt2 6wA up4A NbW tt�.w ;uoxme,�m and t�wsrts as he"f&aws: i&m F. D" IM Awmw. Tom Omqk lids A04 V. W PIN W.i#YW ftlj�, L 'A■o" K W a IcAmh ektshi0C iY,... x ir. PI � M. Hi"J;. Jr. ism lkedkz4*A MWt OAWW, Ebert IOWY PWLfib its$ {ap=a BA&C abo Eto". Fhwida David ". It wWy % %wmW Avmw, &m41ga f5. W w 1i'rrh FH. Wes° o►i mr.New xYo r� A1ahnry, Jr. 59 3+/we. Ne4 Yort� s, New York * chwi8 'L M&iQt" M i Avon& §Wb& 2, N. Ywh A*oH ELc3cm =5 Etrpb SiaesR Sm Fm000w 4, C4iifior m 7 ( Mortm Hart= HAD. Sbcsaton Hntei, Pamg ma s, T- S. Pew -Am 220 S"h Sena, Sou Fr--m 4, Califorw C. W- P6wje BM Las lrik M-We ord. Lm Ate, C&Wmun iarn4rti. Ln ti ,n [ZrT,q isj 150 Audedr Atmw. GLu [1rangr, :yrw ,day. C LV- W.Yk m Caeuast ew dank awg., Salt tyke Erin. Utah ye.m .vd 1'ktla A}mn ya Fiireit, Jr- Prew4m r G W Y lanjr, Serricr V— i rtsidm C. Back Albrvexxt, Vice Pr"Wknt A4&om Hzvtry, Vice I niQatf € qrh F. KC-n aca, V. PrCSi bland 5. hl rdTitt, b'kr f'rni.kn= i NayjM ;r., Vke 6resdmr �"f r�awtre; Fienelrk ll Lan Hrnzsrisrr L'•rc f'rrodmt Jam A Pa-r, 3A6aarca 150 Autfadgr Ae w. Feu Oi4aiq , Nlcx Jr .• , i50 RLtir.iser Auve-n�n1�r�.-F-lut Omnse. Neu Jrrsry 2%1 Loa Ft#l: "'.�, Loe Angeita. UL1=11 150 Rutledge Anww, Fast Orame, Nt+ rmt� P-I I Fein PmrkvmA. Las Asgds+, CafiI.. 150 Rntlekt A.mot, om.M Nam, J,,� I50 Rn6od a Areepe. Eut Orange, Nrw Jety, NA31 L,s Frfa Ronk,r ,i. 1-cn Aag j,. C'iifom- 15fi 12udt ,gr Amur. Fxst Orange. Nrw lrr— ;50 R-tkdgr Amine, r,.t Orargc- Nw— jersry 2 Si W VOW "4 14.10 SM IU Um *vA t�6 t4 am m6row, 00 M("h of tbfTylllfj!Kd Wmt t414 @UVA -i Chit p- -.A— of L-, Pint whirk Ilka k mi - - I Shan bit d-Ir"t C'W.er. - 114JO, at d16 is �'i Ot 111f SWINi'litict Cls rit"Ok (to rw& om* a dopw swk %3 r- of Which &Ilan bt 61.W Id.OWVRftW the 99m;;M &to at 111kh #WWUWM A93 be d-04"I AIW "M1110114 of iiiiiiir %%md 9% Cue mItSve Cumiycrt-hie Eltelk-mid. St-64 s1Wmr tJat, al a Uck J06T4 whkk 't'"ma, 4' ha, bem Iraftd WA W Q*S=&'4 P—M 11 the 5tak Opihim.Film aWvW by Lock Itnat OWIt"Im as April X %%Z. "I he rommi'd brW U-4 6ilcothe m Wtm. W VW'j'W an O*iiamw "mbe: *f Ou"'a of cmq=ta Swi. N par nhie. of the Survivftg Corporation. Said 4cck ONvoto Ran thall ccmimur in etle-I 43 a Stock (ipXjnn PLM 00 r'.W Survivinr C*rptWbtm. and the "H of ]Nr4c;urs rA ilm Suri;iimtg Ci�,,tier rhd h,,, mW any vxe"ju an pow—_ j therein cowfertid on isw Mard 0 thre"or $ ,A Lock joint, E=W a. heminahwe "t Forth, each oplio" outim"ire ih---itir t,liall he !iT-.i the name terms A" "wditkirti; and havt the same w44h -CIA! CMIA-11-d tniteetn pnw to the effrclivt daft of this agt melt. (d) On tin dFrebive date of tills agrarrcit -L!lashed =d outstanding share of captLd istock cl LU (I which ire ti,iiirmed by I" lranr, iiiii each i,ikjed AM ont. handing ire of k,pikal stwij, any C:m�riitierit C,almralirm wF,rt un itich rffe tsvr (late is n ,..d by a C-);49it;miiud Cric-p-Dras— lmd,14mg any skut— livid iri the 4 Ox -­­r .I .,c� harem I. gliail he canceilk-d tnd 411 nghtsm rrsmt thrrrrrpF OmV re., re fe► T%c 8% Prefrrreit SVxk of ­Ic joint. which ii; a-ithnr4H Itul A! Ciun,matal upon the effirclivit date of this arm l an" "Ur"I'lng "A" err, saiht,nty to isiw %nV sue'I stork_ OnVW Ater the a 1r live 't", 4 Is" 'r!rrrn+fn: i-ali, Im-A-1- 't—. m i..ack joint and t-AdCT 4 C=Pit3l ',Lxk 0i Cliildlhag. NkElean ,rill, u1mm sur-mmder of his ccri,fL-_4x:: !,q the teceive in C%rmnef th-trrfc* 3 'x-lifiratc a: cemAcaW rqwrumma :hir lar,- ,e,ti ininther A lull -h.lel of CWnIT1011 ;tr)Ck Of 5% i.'IInIIJla.IIC CGnVCI`11611 P-L-11VTTM c'!Xk. as The vie MUV he. of Gig Suirvivint Corpirration n whwi% he rs entitled porsaizAt in the alve-mcriticned remmictive rve% Gi encyamr. -Mt SLavivins Corporation stall not be rvTuifed to ivmr any fraci;m Gi a --ire q, 14% rd"i Cumu- lalivr CmvemWe Preferred Stack unnn -,i slut,] .,! 4—iplegi Stock of Gtsddi.ig. McBml. but win in lieu lhvnA tiuw urip ctrfflril:'t - *rarer mpi-tri smh lracj"r ar ;raCjioa, 3 Yx - � .. �pG;td!^'� � � ,� �'.%►y!3 � I � U� ���Fil",rl� �t )S# $'F;i� ±F� r fC � $,A 8d`t}y�ts �� I ear& 3R t � 49+F�f� �A.'�`�°' n�tF' {1�t• �E.vta E ta+c [we cart rr alipt +ice t pr l� r fn5' t pefr 4.2w A r tw 4 LA 2r iv"Motox iwt R" OVS 4 Ouxogra 5iw'at k ( :h -k W41k WAVIY AV " t i, W$4 waktt trxay Era eirrled jaq.,' iy ar KiKftTj 5d lh� tfwA rratv#c t pkt 404 bt v*�s tom; :,.ulna ,pK 5p #+t ft pwrivw) rwtt 1w ula by Hm IUW4 k ��ffilit us fa txrar qA d* i':%ktrws SV4ex" Wilt W +®ed 4ft SOAM f 4 the 1*6ko A =- cm"ka 6 a' hw wich 94t Arai aelta -i. IWA aLi+ rrfii+s o Avw ar kwovv wig ua Wrc>~,dw ta+ r+ar7l tt'rip =u6iwa, gay % 044 Eimer IL4 utt kft far s "t) the ,Frt) tx "a of the prates d tj R miw woc4v wilt: a aka pap rra9a Jam d -01 4 wk wib f + hater pay+iW cca rIC sdmfW WW CVVM Ch* CWW des MWPW S!^W4" dkd:&.re w the t 01 $fit! �i test�tu�m Lact �sre� � tEr. tils� tka seKt•�r vzc+a+ce�"uziti>z- �it:i�faesxers�it� tp p�#y f�ryir s:t.'hA sBraM1 Kki6 �s t>'+r�laas r,E S�sit>� riv �reG'_'�t§ter 3A, E7�. axldl ae,y >5oe ttb r t�f; „rtJ�i :A*d 4WMWA& 44& kil= *t iL1 k WXVJW HK swci--1 t' aA J5a[8'i—gi C"-wtiakk tti 6r/",p gtlil!'f 1pt' UfflwiL wlwofts mil cw*Im pwh , �! r p ro,iatt r+rt Hat iuy iue rrilis kill tw S,rri:'+ my tirsCat� !. E; ; tt,: r+irr date of (St ggrecwao, tiw_ hbul:-ta 4f etw.ik=ft LLr s=i 01 , rr ceiftwkow ,CXVQ ?JLk3 Z110 ceAW. to hate utp 174He serta teg7zct w t::_i• wt (k, (eareca such rit, ,V, ii sev a4 ram =- bit*e ay &"PgrtinZ- durd8 lklm or u kalik-i nl amp tmif,euW eegrr,:rxu p ifwKmAi N err S% CumgLtive CAwwevtshir Frdmftr d Stma ), mul (txtpt all a(wta id) lkcir sok r;5=.rs xtt13 F" wir_.r re taut to tbt stmk iwt wit-01 mrh Own utadl have tent cc-r +tc.d by fiat mf-gr• ACtS`ICLZ VI (a) Upon rat eflmervr ,fmcr d Intl at;""wnt t!tr tert'.emw ni,rrmt rd E� j`ru:r zA G6, 64tiieae sis.19 cease t�k Jcrnr -'A Gladdisrg, %IrBmrr shall ter rne=gect ,ntc :he Sur-rt:ing C-rpctn:icn ur1 ail vd t,egp.lar the r,ght, prreikges. 1,awen. tmrrum ie+ ar&d 6rnrts�a, jutkC: cr prirctc. ,9 rech cd itec :,.I ai! yh,trrr, .r-r-'. t,crx„'a: •m m�xr�+, ar_d ,11 data Eric to Am .i the lun.r,r -,r I hlpnrat,nrrl . „ ars•iun4- ss -IJ br stxk wfn--tv%i ea A other chosen ur thmp w a, r,n,,, and ail ,, r.tt} nrt,er ,ftw-r J nr bsior:M1 ng to as '2•sr mch of :he (mmururnr i_'..q-rinnm :h_.1 he i.lm and t.M-,,.A 7,j 'r Irjr. a,r: vesrn3 ,n -tti; Gnnwsas ('+3rgn'ahon muh.,�rt h,rthrr ,n nr ,trrd nx rHre':ra,ir " .. , .o.«n 'n rill. A env l.r,nshse nrgaratrvno .,:,,I �1i p"tx,:t :-opts. pn+dr^•,. ;—+, and all ::r,Cs inrc,c-r ,i. _!; �-• �� r, r�lier „ N.er n,zlly :ht pr rrr+i, .I ihr 4ur.n,:,� C. u, p„r.,twn a^ trey wrrc p! tht retpert-t Conmauent Carporartwis- ana ti.c t,iir swt or any mt- cst ttLAT rr, .betF&V vntm by -Iml or of :nrh Cr,',SrL'.S nl (,nrVral,rrrt si:ad %Gt revert ar be ie% -V way irtmp6ced icy reason of tl;c merge,. pros d,r , hnr-rY rr, irrot all nrh� of c.-rY. mi , ami aii lima on any r,-Wt•: ni eath r'ovuitutm (err Wr Gi shall 4c rind eftcn Come2!v g Cnt,oratac: "_ay ire ,iieerr i t„ r;;tn-tuc rn esurexe ro th>• txtett r�tsury rn area^ ro aresr-nrc tku wtw. z:wl all rieots. isa€n hues. ra5tn:tiuns, dut:e an•i of exit Constituent Ct:racia?i,m sf,o tht,.rt- igr•,h at�ei, rn i;,� `;.-.•�in� taro ralrnn and mmy he entorcm 271'au a to the d :beP, .•+tst� hey i3r'S3Yr: il�hrl"t,P<, rT rrUS kyS�yS,t,,tmn, 06:jra::~a^,e.D•. 4 E I 8 Lie- V i •J rj�I . • irk• _ _.- .�"+33a•"� ;- _ 2� ,. ) Ur t ri rr-, _ v� 4- "i°�+-•s re +,.. •..w,i�rv++J.a.,+siia.rSr Frp *rr amlvk4i+lg car%wi a'4 i • 6m *V 04JO An xtKx: ,ai` r."ro pm4' lid 4Y vp -OWA ny &n. 11,mat C*Wwil�'v owy is j*WwAbA_ 16 ;w4 pta�t 4, Ai eM, W.M: r W a P �!S.k a+aa4e1 �k t Arrr wAgo �. r1lY, `.l#'7_ Y� .! IN 6wS4WW 44 IF `!YS, lN VF4 a^aAl+�a !d lirel "ulsrlRs"�, 4;an�tiat till � p�riAtu4i! +ii � e� grr,+rrryr irftl; trririailp><:. tWmvg to 6WO40iahi i A UVIsr, Ifo'a €=�i a�iiii�4fVa {`u V-, fw wil s lttit;tL rst43 pt: y4.a to w� UaW4 . C;ha§iit iAr�w Fah tttvaA Stan inx#: faiF! rig sti�tfsi+aiZre! laraf�e u;z�t3 u3 ..ortc ,9�ti% axti 41s a,;tsafiFat{�,th: cttlt�s.tl"�.ib a: �`.cta>d##r air lrraFf s,�,S {9l;1 rr:trFax:5�1y- .raft ar".�t� bwztmwu d ptt$x snd Cuss Ltd r;-A4rud taloiftg5, iedwftog in rat b 4 reAk f gdWF4*.A t„i a tati sM ttrsxtaqur"t up an YpIftLm 4A F"tica .1Iartstlt5trae & C4.. t>ni{rpe-.:cent arts", wArAiaw , i..xk jt:int %W z--vAs &W wa tim-M `hat: (r-) 3Wt Sixcneri sbtta itsttY a�aeuxat ti:c sa. r4a wai:tin of V W fain: �-i is can sct?Ated autoiriiatiee as a! the t,ea;rctive 3&." cF wzad [rir m 6'-- � a J trhe re=Z s of w&f&tk;m I tha p `a4 ira+s:ivcd, aid it Gist rrt bay- at swh datt cx+y taster W. {ueui:ides. ermt,•ngne: to € d viiac, east vx&c,- d is tie lakrr;a sheen as :t: E*Ctimiscv 31. E3riI. aid o-.e txiteat ate=i awl Eucn narw¢na ra+irm:Ab t,cvc towns pr=- of iu a- artlsnae W-M gtatetaSS9 aae,-At,S JC,--rsntr, taa3,� its AMML?Kti tiro W,-:d0 rc khC ocitKIN ittrA"A ; (b) M&a.-WAartmji Zj is a wes8ya atnea9, vmsraidata9 [+al aidiarc n! Spit yunat : ttsr cri 4 ya1`Aked rcixhkn itL of S,.aak JainIr aat each trris7$y-oa`deA dimcey ate itviirtcill, 6y L4-6,.. lntrtl, mi Lack Sciat ; as r-a umart 4iMAW v4utAimin w}ciek are "knincutt•' as wxn term a "l-tnrd m RcZO=fx S-X aa; kite Etcuriiirs xnA Exth-AuRe 4amanfiaiwr : (c) srs 31, Mil, ttare I,u km no ms.tval adscrse 6as,ge m rho rvr. oaten fII:i R W ❑r ntiscr, crf Luck frtiTt and ,ts mwtilafacrd autmilwics, wi.cn at +, "il oft i cxcrpn .ha since ma date E. k, loins h" csrsagcd m shurt•tcrm b;zA bmarrasring: rn d-.c swam.' rov: l -u btaua'w! : (d) there are ra amlacit, suits rx ptcardittgs paxjinsr of. to Or i.nerr[t,!cr rrt lies jn-.t, tbrratCnrd :g3UW - ajjOning Lock J-nt rsr any of 116 conPdrlatcd , ,kmhff Sr nor Sxaprmc,r y eat tyrraalf of Lock jvntt or Such eu6a,d,aryi at tan. in equity or ,a adm!ralty rr reiwe a by ary govern• tal dieWL"rnew. a„mm.,.;.,n, bctaard. Irnrcaa• .agtary or ,uttrtun,-n_al:t•. •fames,, :w Fnmgst. which. if daternaiaed :.Ivr�ycly- wmsld taarrnallr and ar4vn.r. at3 ct tar ht:sxr- of 'arnn•c. pmpr tces or assets or the ,rcndnurn, htta,n :.,. „r a4her ,t -ri ,,,,m an,i ,, Cm snlvr..otcd subssdwnev taLrn a-s a wht,Ir am! -,n:.,rr I w i' "'-im ".' a„ C:: r+. ,.. .•La: �, u an defatht• W t1,r I—wlt•'tt;r I !.oek j' uL- nh rearm+ e., .fees rer;•rs!ra r fe• ,v r.... ur scene" o1 any ...r. qr r,•->n,rnm! ,Set.. ICI SIIYt lkY rrrr!rrr 31 w� 1•,Y tlar,rrtf,+ or1 aRr1 aa,^1 dl .. r•. n. ands r•ai ,uls+larrd u,Ga,dar., lakrn ]., . �. �„r, ha.- •»� r".• ,z�'!� ,,,, ,fir• -.a m a-:y ,.at +e kite result N any her. C.XtAg aran, r;anhyMkr. ,t: -:rr. ircIdeot. Labor dnh,�ya,; regt:,simn`en -don.-of .mp--ry by •hr n,errl 'itatr+ ru :k::,mcar W any 4;LIC or ,cnv agenr. •.t nther c r-rvj &nod, drought, cr:.barg,t, not, cavil dsssurbarctr ul>r,5tnb, r=L;n:y of umed [crcr, ;r art cd Xyrd or t:r_ ptuHic emny • (!) ;!sa only jp fore,, wzrrxnts tyr mol n rj'LIUa�dit% 11 tie loci hjr --f ,:;°r rlae Yo ar t� r.a=S.0 shares 4 C aannen Stork of I WL (,.nt .r� -Vmns rn:rn;-.d Fv',wua: 0 r •,r.:;, fipr,or. fiats aalry�aerl by tti sk:arriuld-r+on .\prd _'. 1'n.__ a ,,•,.y ,t which w- ke• „ -. , rr.wcr� r. �.]aGdnra, tdcftca :. and S 15, dAilt. My WW= &r die pfthta *1 la� fedfmciii, ij,96A" *ftWA My WMW CWAVX Of IAO )MO, " #M*V4 4W mod,ateW " 110, iA ilm Um� A# *"Mob *rA j*V".W* W 0* 4mg bow.. and ar cvmt to % kmt in ediia wad twA4rtf*41" the immi wo naw I- t9mit ii"n thAt ptarrbas used NLKM (it) Gbidliiinv. McBee wA pmnuy4y %dvae fa* joint ift voking at ewe wriviiu *jN,zw;s n=jVW by a pWMW*t to SKJjM AVjd LA the (Alloraiji, CqpW&kkW* Cade. j* Wnmded' &tW nisi hwaish to Lxk jetut � rckv= Warmolkin sp the Wer &AH reqwc with rtjpKt S, mult mmim 4jaictia" Tbe.L,ic* "Wikivi atid mi v-oclh xLnots 40ho CiardOWrot Cacw*fiom aW he ftkft UP ara Lrw boAz cd 0A Surviving Corputuim in dw at lmril* at WWLh they mVw%i%Wy &hvA tw carried on thol LIKA(I of dII CWtvtnms (ANP&M-�- at due Off"CtIVI 4ktC Jf'tN& NPVWWXd. fACVPC that 6XTO 4WA be LrOMSfIffittil to tbt CA;*--' Mk Ut the LSUMjOirkiff (;Ofp9"6W iW mw)mt-- in the v d,m -Orplus ac=ptv. U any. C-d the Constituent GirpWAtImm, jmd PAch umunt from the ."mind m.­ar, "cmuft a-% nectw -f to m4im L&;d impitat stork icommi aggregate VQD per sham for a=h itheirc of 5l- ('1411nitiabVE CQBVTnNC Pre4erTed LI(KIK Of the SVrVjVJ#Z COrpilit'StiOU anufambf-,g irmiiediaudy AgUIF the cffem-e date c: this a4rectrimffL and $1 pry tFart to• car-K ihAft of Cx;ci:vrxo Svtk of dw Surv,ving CuI`POIIAILKO <Utll=hng inmwfivdy after uhefferiivv Batt of this Wreemmit- EKetpt for the antrywo m, trarL4erred fTrAm Litt p-d-in pwriltis accctwil5 ml rmined cumrip actimmM any sun" 3varixt4 1- pavahmi of dividffKb by fIll CUoStitUrnt CorPOF"IunL -IMIJ be IkVZJbLbk FOC plitymm of 4jVILjM6 by the S-IrriVitig CorpCrata W6)trr 10 any resM<IkGn% rIoW X liffMitEr Cordained in any nMtmrt tmhmd Nnthitrg hO,rse rfiUprevemtILhrR-m,'! ,,j [)r-tceors vi the S4mjvung CvrNr;ition fma, irtalimg any 'hZilgrS in its uroitmt$ nV pmh,batrd by }a. AIrTICLZ )M -rhe hall pry all r­i Wo e4f-f 4­1 ',4 the —river ImIc" thls 1;7eenl it terminated . accucdan" with A;­i✓:r XVII ARTICLs I The Sum" Corporation hertiry remtrvn Ihw fiFfit to anwitid, skef, change or rrpeal its composite rrtifk=c c( locorpL: uun, at At iorih in Aenex A altulted hereto, UW any Prvvitsicpm —L—rd to tl'. 4%qremcm ij the rn=r.cr rota or hemidvir peownbeA by its cetificate of 1"Curpoirm6oft or by ,rkj" w w.v or hcrczlitr zuthninize4 b-y iaw. wsd A righ" wW PDWm con&errftI to such CerfifKaf. uq_rrAxaiwn w hr-ten eg, � kWtlei-s. dom ­i . r :-' rery ci =c-h 0 trw Cumlietiiew CWPFAWWMI d the Su- wn; Cimlyiramn, ir of any otlt­, pwv> m. WhommVer,;Lre uth"t to this reserved power a " I I iM J.j kt�qvmwmul 4 OwAVVW_W* .$1GS,Vu 14 00witt to gritSet aq lip'" rottfxi MA ik% 'Aft IrSwojift coowwt Ot lwns"Wm of f4s*000mimt h fkW '44 c - an ,I,W fWWOy *44 ;if 4's40944). &W Wy W. Of OWj ORWVAWA CANVOMMOI tray AJ AV qWn4l POKOI'mo#01 A'Ag*04 TO?(6'*q 1&5 *e ft*vg otxtr 1-I'Mea 07W 14 OO*Q 31, �.M h4( m 0 4 *A C44AkW.M 00W.UkA6 kUdy 9J 410 V? dt) Syliz-)JAC? #f] VT, h wit t* mjw Pgo"Ody A mt'A W*I&Oft 41 WKY be "(AFAItto vo wimp NA it Ili j&i rF.M eAvdmwm d uPwsdtm 4%*.jl 4.toWAIY igreft to Vat my 4-iki is tbmito a PPIY 90R. cimsWimst (;mdY.?wkm cmwd LNi�.*.ug ca&-ft"m ;4 ow ptia to dw 4mu've &E-- C4 -eil (j)t thr Wdu-- 4 Wpo.Ozir4t or mum ci tw miltummEnr uwa a Lmk jcom, Conumn sfrzk' mt tiz I -Ltk joinf rtfe:TA m in -mbdivitirti ;;) r j) of A",O_v XV bs cai, sbv2 hve wnW&!i the CvW.fi*ue J I=vvr-j of V at jmm tr, rairagra* Trim of Armfz A Lff&,tf (Gr.Uii'=irg Hew jcTuj? (w Liflumm whomever a a)Vizirg drtraa). (=b ut"Amom Le W Red pirivir to khe tAte 4 THA b,r.upwm rmogimticrti' "I lave Q'ived IWW ag-mitimit; (0 nn 1"Uutioms Cumclmrplxtrma, AMI the iwvn Lnd ALbwl=e a! -it ttca! "ItrocetldilL 2uA of all PaW5 and 4mx.umxW-s o tad or eliverted nrvrt=A. aiju,11 Joe SvN'jn-.uj 21 Cx=vrefl. crRtna-1 1w Lxk jWn% w the zzic-t- v.r j c (iii) thm repim-mizAiium wA war-ruzdaL cl Cladding, FAc2rnm rmLuv.-J in Atti,k VIII Fmced mcM4 2., a4wrd try tMlU MtVJ cLIMCMPLIII! Cir PVn&Vt try EVIS :qzTfnr.". t' A.6 be trm &% ud !iv: emcdve date ok Otis ivTcuilint with tt± La--te effinq as thou "r -or!, "prrrz. q7T%caudefts ;"0 -wrtittic-i rad Ixrli crutle un utell o of the date of tt,,, a. &M UALtditig. McBimrl da have umjliicd with is cr,voluints curritairter] at ll,inje 'iZ rr to Le pulimried by it pra-,, to the cflevttv, !art- I tht... ..4 -.'Ad-J. M. delper to Url- Joint a tttz efiertivr,13te of bin ek-e trrrmr 4 cpmoczrr 1.) Atuh eritn- .1,7nc: by its Ptesidtint or me of is Vice Presuf=u, ii,r) Ailry 2nd an perrmitit frum the ccrnm­mu+_' 4 N'4-c MjW7rd for !tW LI,oIld ­IUMl"3LI..rT IJ -Ilr •rrvgrr �* cuot�.p4lnj t. ,,.% or.: 'h..! Ilia- leer WAmeik. and m, b per -it JW! 4n,, -dju-, i,. h of the 11avil of Dir+culr, .,, any C04tt.tit-lr­: J..;j 1, ­,;.. ­ ,, 4 el a rwino -h-Al :—. ejj,­I !- vj -„ T',!%. Lt. : n-r-p-, g in tb- Avt Tn3t it m, ran or In,, - j - - r­ - •,­ ­ Corjomrtr­l. kl,2)r 5Extjj..hjr, — el- I ­j Innr ­,'g i,r- J'tfi cho jbf Kbe 3' i cumltlzv'-c Cm)v"Ible ?refer-ed '4tOcii. SIR, tvir ­1_, lu he i=ed,.:,:,Iy iIkrN.n,, the cifecLti— •L3, r M th, 3 ag,r�rvu .1n .­t jf.:tjcn i lork -3"n the mAmrig o4 Etw Scctiol ; I The Fmc-nal Rcvmur CvIr eA VA4 a, 2�, ore w ftt 1-n-ctitau 306ja) don n%m 2ppy tc2 a salr or cth&r dispti,uow rd urb +­cs by the ma:khcAdm Qf GLadd-n4c. M-Rlmci. uW (vil crab mtra". >, tarns ct h;jt Va,,e hlen ahume, EP :1—~ -1)- I'll), N. r.—E!tt Jowl i,ld ttu Ali'!, N.t­ ,for Jqmr­_ -. f V. A—, =I Wl 4%L* lwft w)ikc 4; 4: 1 q. ti'm 4ew bjlk. wWR 6wkmo a ife. W 4*W A Ankh TU Ovimr to thm to,%4, Iwo V4 11,11 ev A*= *OwQ 0 gw C. t w"A im I At, *arm 4 �� M -.1 sat J�,m f , w f4 k-, jyj *q*r#v. �;441'104 AW Wtft &6ww ww'wml.;: tr64ftaom (Apam*4dt'd tretchy, 4idd ifn ism " ww a A',k Wo. ck %a i-41'" lw twi, efJA hff4-A74-,T ifte Ixt tv-'-pl-Ma to Phkva & d LG'&- ;L4.4t vit.-�l kNciea P)y t%WIWLMz -.WMIAMCA OT pkrwitwj %; this. br- wl- C+-'ire dUZ Qe thriW agt -. Wid; tl-dt U" lfftzt 41 dlUL%6''I M" am, VaAvMdu;mqj LU Or --f �& In a-3 zm cA at cf�avjvc 4= of d,-2 ar.c-m- ,M Lock Ichu iza cave=Aes o&WW4 as Artkla to hereal LO � mvform-'d L�, it 0 i= hg- . arA Lo,� I -, " &-Uwi to PI .I,!s ar,=mat a rertfr^ ece to =.11 Sig-,P-d i',,T iv :Tamil -ri Vt ov�. (W) Llk- Ccft;�tt Oi f aver 62 tm-I-E to T!m= of Aw,,-r A ht�cfd Iric-i tv t c IT dOt: CA til ;Ve m �" (v) an?sad X ptrxssl'> tt �% itc-n lim r—Well-l—Owr C� CQq'4raAW2 h c 'Wt cd C— in rrc,,Juvl tac the kwml ti Ift iierjtxr as b'f inks ACM11WIV S"l;0l 'mv I L)m QW� 1?4 &Md R-b sUch ptm;t dull ewuin any mKiLtwa Lu tiro jug cts, cl. liv Dimao—, qri .zmy sIlajl Lc LimAWY burclen,.rAre. a rukit Omil tv.-.vu IA , 04�'ainml tFam the Tzmwaury Dqmrtnnit C,! the "imml to tlie egro tJmt (A) TtD or ntm tdt tttcogrj=d for mKnmv tax pilrws'by Ih, qgqeM C.Wpqj=jcnt, tt%ok r qxkt-d&ft of the hDI&:1 G4 ttle-I !3ag-term (Cb? as It IJ :-VC awger and (n) tj�x ,i,. C�..waLt, (:oavutible Preferred 31y, 5W)O pa; —1ce-a, it --ismuilDs ivtmrtiwr!y F!'64—mg the r4int,ar (Lzt- of V-125 zf�Tmmml (,'Gi ol rt,astktux Witfjfi ItIf kh, TnfcrMj R,v e 4T= 3064,S) dM ma-Ld-zl6v% A GluLlmg, McB�n anrt Mcj.. 4 % ni r.,,j -.rr 4 J ,_Liwg ult,,TO —Ihollt 11-Vn '1H,­: J+, h,. wnl, n-'r ;c p- ..- .,!n (sh'MLE FV j,, ti p=cuu,.Nr al"Tr d,c rx�,4111s- 04 -,hil j') Eacb comfiza-lz 'to OTT 1;"i�.rf-��1;.a�:'h��p NyliiJ��i*ii �'• tF� yq±�yr: Y� �•JP�4T�gNY,�}H,S4l.�A}' T+9M �r,�,�lhi 1s��i��rlie�� � _E' .'� N q�w{if�'dY�A���it� �FvesT Trr��.. �'•; F� �I. �.jy..,,��k_�'}``'i v�'��^�.4P�L,PYS����G rp�f # `�,_`r ,#�M1Sy,��y !i�fli w �-'9YF �x�, ��y�����'�,�L *AIR sfl.. s.Yrru i y} t F Nit $3 4w ?§ A M of wo da ` iv 044 1 •} t7.1 gN) AN tftSG"c M it vwvw.0 flv*%R4 Gf jarWA-Al Wasp A sa kG't(3! 0 hr ww" - rS Gtt'i aR YEtsift' XINT'",k; ,! *A 4`144tni" Q:4M-.i"";:i 3ftsi^X96h GP it)•i+3YJ"u �il0i f�Yii'r, $ �aS's�y to NAM AM&W ZzAt ommk P:ete it—Y Sr"faSuS cg, iieca Xf La No iiOKU6 6 M_j 6t rr rztiw-eSs w athry errrreu_ —Ati•'Jua act2re ed 41t3 rv4pava wk by Tarim-", 8:r Mae'. mu=n t arvpt vrq ;40_ aLAL time efftx m �rqw' .izUi 6mza t` ti— Cite bran' of fWRE'g, u O tint rrit SdP U&W W riee4i�#€itstti by ce w= aira ee eF>r+oJr: six Nam MNW use t4;w 44ntdi^"L It d} U14."Xw 6w adte"iap :''i>}ta rhw, tbuy &hM4 `* ttfc"G®a whim r•it"VO j a; Gt2` - 5€cf Mu Ag"" a thtt teem titw �0 kitnc m4 at aid t az�u' %Lb: a rmrra szbta,unf fp etre nenasan aG eta Agrmv"Ir i xe Joel asr+r3 its oKk—e t, arm. -nee, atetrsett%no arxi rePamhmRah•ret seal; he lxcrrrtixd in ?'W"ne the f 3tWty, ia; 50 anti nn-orda of Ctitadtrjrtt , Mc E.,an, w-ai sa each eAV% c on a% attd i'v' rt>tativei ! ball ta• rffraded frce acre% to :i, h pnIp!.rtg. il,cIO•ti ane records. end ��v�e:ag. tt rE�kan RCT� thwt it wr{l u:1m rerr mr iv: ntsh L,,k front u ii, IRii➢8"a-cur-'eY rn.x-"v rcq=ted M lm"& fo . l,rrq• 5KA yt& buinc= (b1 Lxl; Pemt ncdrrt� and agree, that tm ern - o rttrtn a,rA &t all rz, ably trrnrs stttrr,�trm rtJ flat e�QprJi rue) of tnss ZrYlcsnen4, �i1.k(neg. Wr;7rnn e.,r{ its Ofgt�en. attarileva. u'r,nrntantx an*I rLTalxC7tatty -s ,haf4 6e S,enxetttrcl !n rxamnsr ihr 1i Wut ha,&s and r�cnnl. -,f ;,xa tnrm a.:1 F�txtrr.Lltmr:�xl. ar,,ih�t „z�n .,:ter-rs at::�r�. ..,..�.niants end raarr•.nrstivr. ",aF' Ifm access to s-h sxr.�rre,r, }a,nhs an�:.nr 41 n i I gr—, that +,Il : •-*, �n,eJa,• f:�• ..,,y (llsddsrtg, Sir Bran anh ,s,v �i ni•rrvh..n .r ., �rvl.:. �r1, mt in r�, , .• „ „ , t�vixraa taX"TIC1,11 i£'dtI ta'I Ttvn C".::rratrrl aml rt,r rRrrg_ �(ri ••r;r rtrrl (il ro-, rt .d the ii.rnriie .d Ihrn'tnrz A c h Cons,:k,t t_ory><,r., _ �x (3) hY lima+ f%OQrd sf D,rtYt Cry ❑S i �4 j.,sur tF ',term �:mai [rrrarl, -3f a v th' �ra,��tica. representatura e. ct,vrnsa_s <�. :b�reerarotr rsi G1at4$ire. L; r;.�r r•s*aaa�r•t •., +, r•r:Ir. OIL X W XT1 or d the cnrairthm rrnnm_d nr sLtneetiar .h: jrrtl \i'• a inrt iv rl.. ,etsrz.�Wr •mtLfa, Ioeni . r x A 4i7) ry i�rard `i 7aid P,fntfrW41 Wowrn 9 ttwt -IN x wtatct'i►f Whitt, 4 e q +ta t}x. +tt *V—Wft A Luck -;j,Wg w A.t rt 1'J Yp, ;Il nail 4! to of dtltirsbs X;V net welt ettx a>.�irra (4Y3 ��r to %rd rd * ad clew Lk*.jtwwr or qmwww 01�.$1 Rw abmow k -0 is p ii f4;0 t)+ewi�ldiwww +w 640044 nay OWA4kawr1 C,oepmgilan of •;ty k* tAr"L 10'rabi4it do, man h, ire" iAi Ow p-'* wa of Lim Bashi ut ~Misr, : eev>rib0 Pi�M ttWwt� sidter +wll; ►w .t et�d` 3+r.14 �r :iv mhier saw Y: -'Miter r,i ttrif+lt Mti tiw j <�atf�tt. ri dwt vim► ill srritH �etet+�+ttt} OVU UA mast 4 ttw lxia„i+sa �r iA' t1� rWldt t3stgrl .ni}: kit. !ty tip wt U f4 mm]iit k ktastviW-At r; itrrW+t6i .id 1�d ; or (vi), ?W tine 141tnf ti lkriciarb a tifitrt Y:arit �airt ar tnui�ruty tI :fritta 3 d� 1wYAss� a( ';A� merksk-Alirtit- w w-*Wt Faroe &w' A Idnd at ,sfpsl! t:4 untitled to detme!ui pig Amm ry 5ud,* JXO.,.( tbtr Cs9i6r%6 Carpalttltxrt Ccdt ik - fair rsztket nlwe for aisarts a( sAoci, w 1;b dht Mcl'Isota add iyr t6aar, or ** Wt" at Lr+ch faro: C.utrutton 5tydt rmo O*U #cask t "warded Or bits rarizticd %* d=wrhf pork tat tis Si -Am 24'1Z1 of 'Tile is of list tiitti jeraar Subaat A=uAstimi. ss wicndid, psyPr:ant (sir the lair snakes vatt:e ed snci::huts If ,fo®.wt SweK brW by dwX1, or r corn iarat m of the xbov,r, relivemnt stt8c,.cwe' shirts rd tow -It u tieirr or both of dim c lastitumt Corpmati-IL4 sp ftt itt Ote opisticrt wail the retard of eit_`ttt the merget _ is Drtpr ikd or insdriiable by ruao�- of the (.Ittc»tittl liigW rl' a tta 5nev riser +surer to tuts. sfrtrehefdcts: ➢rtieritictt, howevet. diet tt�c lttivi;cgt ta: termitrativiR site iarresnCAt aswi iitantkwittt titc rreryrr purutmtlt to ih+x d w e (vi} ibaR Wz we txcrl:;x*l culity it= dst thirry.ir tr. cony following tlrc day on Which the ihate:taltiets of the Cvrdtt,vN C,rporation act raids^.. trw i;u. u:S t�t'GBtrC t. (hj In the evmt of termi atwti by Elie B's -d of Dinxtori u: ;Lnv cd :err t.cutuiturnt l crpCratitt»s as pmwidrtf in mbwcTkm (a) of *.is Article 4t:I1, Itvtim shal tm giten w the other Coru;iwtnt Cr- is,ral;ona and the Boar,3 nr Ruartla ai Mutters �;i tctttttrasuy; tatty tLreei its rr their ce3tm, -: t f4c. tbis :,gttitnmt as requ;ted by the Laws of rhmr respectwe +ctstes a"itkiimndisig favtrrabk action by the dwehaldere ai the. re•,pr[uve Covwi i,m Cmpuratims. C'paa Luc purswut Writes tb). this sgreenitnt stair he terminatrl w rhnu: further ohhymmn or tubiluy upun any party in h;r0r of the cAhers. Awric" xvIYI aav of thr it --III If nrr11A;Mv, -if th„ asr- M. .cnt ntny he wry:-td at ant rime 6, rhr C n%tiroJn Cnrparumn which Is. w the shartiwkdm 9f which are, mlitictl to t^r hcrerit Ihrteuf by amen r'rsn bu the Board of Dirctrots 11 such i.atry_ yr mar he emended a7 modif.­i in whnlr nr m an, �,. -t at any truce pnnr to the —It ui the sharrht,Weri A the (',m t nimi Cor, mt:c­ii hereon, ).rt to azrremrn! in rrit.nk exerurrwi — m ♦ r.tr mAnwirr a. this djerCM-1 after lutftorizat:an to do w by eht 11"M al i+ire-rip-q ul the i:."n+hluem rorpir em— pmv1w6-d. h-wrvrr. slur :_,h a;i.uns .hill t�_ raktn onky if, in the i.tdg : of the Board of I.krertmy raking the mcdo i, sucq wawrr or s,tch amirr-4--mc tt or 'nmiifir.'yt m will riot have a mater'olly adverse etiev oiT it:,! iwnC;ts-itendc-1 angler ri;is jg-rtxmnit to the snateholdas o' az =gcraticiai_ P R%I'-LE MIX It is expfpsly agrerJ th't this al;rrrmrrit emh-Ain the retire=grr_^'ieut of Ihr is in reiziion m the subjmt =rter h ei;i a -d ti+ai +tn sinrfrr,ta;eillnns rr a6rrrenz^•s.,:zl -a err:rtcn.... re-1,vin then -to ......rth ]C DEC 18 970 4-4 jazz- 71 -77 41 �- tGj (- st�7S3'.0 fiYL ` : • � �+ .y - � __ ��• . / T- , iL�??T 9?7 �✓�tl�Y��G"�� -�rYt'GL 2 ff7,ol- . - •ti �`,�e�-,ll��� - ` -y�t,�.�(5�-ram ��-' 'r-zy�- Ar- 2u7f1iInir�f Ij __- —'.`_ - `-� -1"• '^F ` ,_y,_ '_yam—1 �.- ..u_. .}rl. _�_ „L�.G/`�q,C.�r �[.y��-1�/,3�—�f•_�CI- L�:��C/�`l 'tea-�ii�- S� �C�n 1 `� -., '�,• (Oompsr)d'with Record; 7. :iln I wn r H, j k rrw' De ed I -- VoLi �f9 Deeds Pp. I oWs,r atamp LOT 1 4 C t11 G ,y1 .............. 5...-.... R I Day i41o. j I r. DATED f I 1 A M11 r..... .---.........-• a FILED ................. . . - r1 rIC ... ¢s-��7v__—f- ................ml...... ,.' ...-........ i.....� �'"...^"r......tr: »•1....+^i<i,�j(Ji� �-0 ,es. atL/�'js�, J #_....:.._"- .. BLOCK LOT �sg']N - r� — F. k. f s. moo' darn. lard -in K. i P � rJ; /,.z,i •,tom Ci.. � -3- � _� � _ � __ -- ' 1 �'u-'"�^--..f=-�=`=*� ._ � �i�°=i--��^�si_ try--.=..,w-^�.r ri '! _ a i exrBo-' a-j-*. f �4t I C144 #. la to w r.; e , {, : _'� :'"{� a oar a So m� k e rr t fit} o3 aar'l su akm► fwr.►+y, IZIiO i3t rim er T Th �. ,r 7 cif 1� r _ �ti--• � �.er-'��-.�� ji t) �i �.-'�"-"'�� � �%- `2 �( ��''`a�.-L-•f��7�•l�'-��'4 fir, ALL ��- ' � � l �I� �.l�ffj'�L � ��t..•'v ��' /C.�L--t�`!i� �-� � `'.���t, •vr "_fr f lt' -�:. t y I7 r'/% ` } _ •�J"�y�'.2 C t �6'! �- �`1/ <v. r�l.uw+r(,Y%k�' �L// all , vo, w'�A i.. ONT saw f r - id _ n r f' QUIT CLAIM DEED In the Matter of State Route 405, Renton "S" Curves KNOW ALL MEN BY THESE PRESENTS, That the Grantor, CITY OF RENTON, a municipal corporation of the State of Washington, in exchange for properties of equal, fair market value, conveys and quit claims to the State of Washington the following described real estate, and any after acquired interest therein, situated in Kznq County, in the State of Washington, to the same extent and pur;5ose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington: All that portion of the hereinafter described Tract "X" lying northwesterly of a line beginning at a point opposite Highway Engineer's station (hereinafter referred to as HES) LN 258+50.65 on the Lid Line survey of SR 405, Renton "5" Curves, and 69.53 feet southeasterly therefrom [said HES is equal to RR 659+22.76 (42.06' Rt.)]; thence northeasterly to a point opposite HES LN 259+54.78 on said Line survey and 77.27 feet southeasterly therefrom [said HES is equal to RR 659+97.21 (31.48' Lt.)}; thence northeasterly to a point opposite HES LN 259+91.82 P.C. on said Line survey and 80 feet southeasterly therefrom; thence northeasterly parallel with said Line survey to a point opposite HES LN 261+54 thereon and the end of this line description. TRACT "X": Parcel "A" 1 94 ril W0275 C RF-C[� F 7. i) K .., 19.Oii That portion of Government Lot 5, Section 17, Township 23 North, Range 5 East, W.M., in King county, Washington, lying north of C. 6 P. Railroad right of way; EXCEPT any portion thereof lying north of that certain boundary line established by paragraph 10 of that certain Decree in Equity, Ring county Superior Court Cause No- 90072; ALSO EXCEPT any portion thereof within P.S_H. No. 1, known zr State Highway No. -105, Parcel "V That portion of Government Lots 6 thrnuch 9, inclusive, in Section 17, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the intersection of the north and south center line of said Section 17, with the northerly line of the Burlington Northern right of way; thence South 59123107" East along said northerly line_ 285.94 feet; thence North 79°11'10" East 42.68 feet; thence North 66141151" East 114.56 feet;[E118 } NT:�l thence South 74°33143" East 134.69 feet; EXCU TAX thence South 87°12'48" East 1t9.34 feet; thence South 66°04'38" East 111.20 feet;K': thence South 57'18'57" East 96.15 feet; thence South 80°29'59" East 118.76 feet; . Parcel No. 1-13443 Page 1 of 3 pages k QUIT CLAIM DEED (Parcel, "B" cant.) thence South 73106157" East 108.28 feet; thence South 82*48129" Fast 66.27 feet; thence South 74°00119" East 95.57 feet; thence South 37059'12" East 73.78 feet; thence South 20*32112" East 182.89 feet; thonre South 12105'27" East 80.24 feet; thence South 25019142" East 155.52 feet; thence South 6006106" East 65.58 feet, more or less, to the northerly line of the Burlington. Northern right of way; thence South 5911231C7" East along said northerly line 442.4 to a point of curve; thence easterly along said curve to the left with a radius of 1,556.68 feet for a distance of 653.27 feet to a point of compound curve; thence continuing easterly along said curve with a radius of 2,405.7 feet for a distance of 291 feet, more or less, to the east line of said Section 17; thence north along said east line 10 feet to the south shore of Cedar River; thence following along said shore westerly and northwesterly to a point on the north and south center line of said Section 17 and point of beginning; EXCEPT any portion of the above described tract lying northerly of the boundary as established by decree in Superior Court Cause Number 90072. Lf-) Parcel 11C-1" Ctil That portion of Government Lot 3 in the southwest E quarter of Section 16, Township 23 North, Range 5 East, .& W.M., in King County, Washington, lying northerly of O the Pecific Coast Railroad right of way, and southerly m of Cedar River, within a Zoo -foot strip being 100 feet wide on each side of line running North 07'20'30" West from a point on the south line of said Government Lot, 556.57 feet east from the southwest corner thereof. Parcel "C-2" Those parts of Government Lots 3 and 5, Section 16, Township 23 North, Range 5 East, W.M., ir. King County, Washington, lying north of the right of way of the Columbia and Puget Sound Railway Company as located, constructed, and operated through said Lots; EXCEPT portion of said Government Lot 3 conveyed to Puget Sound Power and Light Company by deed recorded under Recording Number 2499111. Also, the grantor herein conveys and grants to the State of Washington all rights of ingress and egress (including all existing, future, or potential easements of access, light, view, and air) to, from, and between SR 405, Renton "5" Curves and the remainder of said Tract "x'' ; EXCEPT traffic movement will be permitted under the freeway structure at STA. LN 258w41.68 (Burlington Northern right of way) and at STA. LN 262+50; and, pedestrian movement will be permitted Linder the'freewav structures on both sides of Cedar River. I Parcel No. 1-13443 Page 2 of 3 pages y k QUIT CLAIM DEED The lands herein described contain an area of 9,202 square feet, more or Jess, the specific details concerning all of which are to be found in that certain map of definite location now of record and an file in the office of the Secretary of Transportation at Olympia, and bearing date of approval October 24, 1988, revised June 30, 1989. it is understood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by its Secretary or his duly authorized representative. Accepted and approved A4,1 1 Dated this 21stday of November, 1990 WASHINGTON STATE ��^ Dup NT OF SP3RT1lDtl CITY REHFO B l B/f� By: Title G "7c"/ ATTEST. - STATE OF WASHINGTON j (\j S5. C:i) County of King J E d on this day personally appeared before me �a ri GI2� �- to me known to be the Mayor of he City C7) of Renton, the person who signed the above and foregoing instrument for the City of Renton, a municipal corporation of the State of Washington, for the uses and purposes therein stated and acknowledged to me that he signed the same as the free and voluntary act and deed of said City of Renton, and that he was authorized to so sign. GIVEN under my hand and of4ar seal the day and year last above written. �• Jt✓_ Nblic in an forthe State ogton, Residing at (b " My Appaintment okpires �� 18 Bi/QCD13443 Page 3 of 3 pages DOT FORE[ 262-417 REVISED 10/77 Parcel No. 1-13443 WJF Printed: 0 3-0 ,-200�i CITY OF RENTON 1 055 S. Grady Way Renton, WA 98055 Land Use :fictions RECEIPT Permit#: LUA08-018 Payment Made: 03/03/2008 04 V PM Total Payment: 2,750.00 Current Payment Made to the Following Items: Receipt Number R0800992 Payee: SEATTLE PUBLIC UTL.ITIES Trans Account Code Description Amount ---------------- 5019 000.345.81.CO.001.6 Shoreline Subst Dev 500.00 5020 00C.345.81.00.0017 Site Plan Approval 2,000.00 5022 000.345.81.00,001) Variance Fees 25C.00 Payments made for this receipt Trans Met.r.:Ld Description Amount Payment Check 40013348 2,75C.00 Account Balances Trans Account Code Description Balance Due --------------- 3021 303.000.00.345.85 Park Mitigation Fee -00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 50CS 000.345.81.00.0004 Binding Site/short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345-21.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 C00.345.81.00-0010 PUD 00 5014 00.0.345.81.0C.0011 Grading & Filling Fees 00 5015 C00.345.81.00.0C12 Lot Line Adjustment .CO 5016 000.345.81.00.0013 Mobi'_e Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt 00 5C19 00C.345.81.00.0016 Shoreline Subst Dev .00 5020 00C.345.81.CO.0017 Site Plan Approval .30 5021 000.345.81.00.0016 Temp Use, Hobbyk, Fence .00 5022 000.345.S1.00.0019 Variance Fees .00 5324 000.345.81..00.0024 Conditional Approval Fee .00 5036 OCO.345.81.00.0005 Compr.enensive Plan Amend OO 59C9 000.341.60.00-0024 Booklets/EIS/Copies -00 5941 C00.341.50.00.0000 Maps (Taxable) -00 5954 650.237.00.00.0000 Special Deposits .00 5955 COG.05.519.9C.t2.1 Postage 00 5998 000.231.7C.00.O000 Tax 00 Remaining Balance Due: $0.00