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Home My WebLink AboutPermit L09-043 - CITY OF TUKWILA - SOUTHGATE STORMWATER PIPE SPECIAL PERMISSIONSOUTHGATE STORMWATER PIPE SPECIAL PERMISSION L09 -043 Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Mr. John Howat City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: Special Permission Application (L09 -043) Southgate Drainage Pipe Maintenance The Department of Community Development is in receipt of a Special Permission application submitted on your behalf by Brandon J. Miles, Senior Planner with the City. In that letter, you request approval from the Director of Community Development to conduct maintenance work within a portion of Southgate Creek. The purpose of the project is to evaluate the condition of a stormwater pipe located below S. 131St Street and an adjacent commercial property. As was noted in your letter, in order for the city to complete this project all water within the pipe must be removed and water must temporarily be prevented from entering the pipe. You have proposed to construct two temporary dams within Southgate creek. You have noted that the dams will be removed nightly and thus water will be able to enter the pipe after work has concluded for the day. The Department has also received a copy of the Hydraulic Project Approval (HPA) permit issued by the Washington State Department of Fish and Wildlife for the proposed work. Southgate Creek is a type II stream and the proposed work requires approval from the Director of Community Development pursuant to TMC 18.45.070. Given the small nature of the project and that you are not requesting a buffer reduction it is not necessary for you to submit a stream delineation and mitigation plan. A review of the dams' locations indicates that there is vegetation that could be impacted when the dams are installed and removed. The vegetation includes native shrubs and grasses. The proposed work is approved subject to the following conditions: 1. You shall comply with all conditions placed on the project by the Washington State Department of Fish and Wildlife as part of the HPA permit issued July 29, 2009. 2. As directed by the City's Urban Environmentalist, tree protection fences shall be installed around any trees within ten feet of the proposed dams locations. 3. Upon completion of the project any grasses and /or shrubs disturbed shall be replanted as directed by the City's Urban Environmentalist. Should the scope of work change, you will need to modify your permit application. Please feel free to contact me with any questions. incerely, J ! ck Pace, Director cc. File (L09 -043) • City of 1�i(,gicwIlla • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director July 28, 2009 Larry Fisher WDFW Area Habitat Biologist 1775 12th Ave NW Suite 201 Issaquah, WA 98027 RE: Southgate Stormwater Pipe Maintenance UPI #655660 -09 -01 Dear Mr. Fisher: The City of Tukwila's Public Works Department is planning on undertaking a minor stormwater maintenance project generally located along S. 131st PL S. The purpose of the project is to investigate the condition of an existing stormwater pipe and determine if it will need to be replaced at a later date. The pipe is located within the City's right of way and within an easement on King County parcel 734920-0135'. Water that is currently in the pipe must be removed so that the City can complete its work. The attached Hydraulic Project Approval (HPA) permit seeks approval from Washington State Department of Fish and Wildlife to construct two temporary sandbag dams within Southgate Creek, a type II stream (salmon bearing) stream. The temporary dams will be removed nightly and the installation of the dams is the only work within the ordinary high water mark. All other work will take place utilizing an existing manhole on King County parcel 734920 -0135. It's the City's intent to minimize any disturbance of existing vegetation within the creek area. However, if any vegetation is damaged it will be replaced as directed by the City's Urban Environmentalist. A SEPA application is currently pending with the City for the proposed project. The City anticipates on issuing a Determination of Non - Significance (DNS) on August 10, 2009. Additionally, Public Works has also requested Special King County Recording Number 20080411000021. A copy of the easement can be provided upon request. 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665 • • Permission from the Director of Community Development for working within a critical area sensitive area. A copy of the DNS will be sent to you as soon as it is issued. Due to another construction project in the area, the City would like to begin the proposed work by August 10, 2009. The work should not take longer than two weeks; however the City would request that we be allowed to work until October 1, 2009 in case any unforeseen issues should arise. Thank you for your assistance with this project. Please feel free to contact me by phone at (206) 431 3684 or via email at bmiles a( ci.tukwila.wa.us if I can be of any assistance. Sin BrLndof?J. ''ales Senior Planner cc. Ryan Larson, Senior Engineer John Howat, PW Superintendent Files (E09 -012 and L09 -043) • City of Tukwila • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director July 28, 2009 Jack Pace, Director City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: Southgate Stormwater Pipe Maintenance Special Permission from the Director Dear Mr. Pace: The City of Tukwila's Public Works Department is planning on undertaking a minor stormwater maintenance project generally located along S. 131St PL S. The purpose of the project is to investigate the condition of an existing stormwater pipe and determine if it will need to be replaced at a later date. The pipe is located within the City's right of way and within an easement on King County parcel 734920 -0135. Water that is currently in the pipe must be removed so that Public Works can complete our work. The attached Special Permission Application seeks approval from the Department of Community Development to construct two temporary sandbag dams within Southgate Creek, a type II stream (salmon bearing) stream. In order to construct the dams approximately five cubic feet of sediment will need to be removed. The sediment has partially buried both ends of the existing stormwater pipe. The temporary dams will be removed nightly and the installation of the dams is the only work within the ordinary high water mark. Work within and near the creek will all be done by hand. All other work will take place utilizing an existing manhole on King County parcel 734920 -0135. It's Public Works intent to minimize any disturbance of existing vegetation within the creek area. Tree protection fences will be installed around several alder trees 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665 • • that are near the temporary dams' locations. However, if any vegetation is damaged it will be replaced as directed by the City's Urban Environmentalist. The proposed project is consistent with Tukwila Municipal Code (TMC) 18.45.070 (B)(1) which permits maintenance and repair of existing uses and facilities where alteration or additional fill materials will be placed or heavy construction equipment will be used. A SEPA application is currently pending with the City and Public Works has also filed for Hydraulic Project Approval (HPA) from the Washington State Department of Fish and Wildlife. If you have any questions, please contact me at (206) 431 -3684 or via email at bmiles(a�ci.tukwila.wa.us. Senior Planner cc. Ryan Larson, Senior Engineer John Howat, Superintendent Files City of Tukwila `Department of Community Development File Number 4961-31-& LAND USE PERMIT ROUTING FORM TO: kBuilding ❑ Planning Public Works Fire Dept. ❑ Police Dept. ❑ Parks /Rec Project: Address: Date 1 transmitted: Staff � /� coordinator: G. / cJi f'4 P1 ' " A 5,1501- File , ► 5 t' i- Response requested by: Date response received: P 141 I -V/! -• Judi COMMENTS , tle.�� t� C7941-110 Crcck . 5c( on Olt, &((4' ❑ DRC review requested ❑ Plan submittal requested Plan check date: 0(.7(d) Plan approved Comments , prepared by: 03/14/44 • City of Tukwila "Department of Community Development File Number 4,061—`71-& LAND USE PERMIT ROUTING FORM TO: Building ❑. Planning 1 Public Works kFire Dept. ❑ Police Dept. ❑ Parks /Rec Project: Jrir1W d T P,, ./ . ' Hr 7L� c,& Address: il ih A [ 4 51 13I ' Date transmitted: , Z7j 1 Response requested by: 31 1 1 r 1 Start � !(coordinator: , ►;I(A Date response received: P Li 15 ill 4-III% `, ea ciltetati0 COMMENTS fCvy . c).>11-115cA C ✓cck . 5cC on(l t, rks(((A),,`► ❑ DRC review requested ❑ Plan submittal requested ❑ Plan approved Plan check date: 7— 7 - Comments prepared by: 03/14/Q4 • • RECEWED City of Tukwila 2 8 1009 "Department of Community Development TUKW ILA PUBLIC WORKS File Number 4>761-3 1-& LAND USE PERMIT ROUTING . FORM TO: kBuilding ❑ _ Planning rPublic Works kPire Dept. ❑ Police Dept. ❑ Parks /Rec Project A. Address: ,h Alt ,,t 5 15151— Date transmitted: 11 7 7;:z• 1,1 Response requested by: 3f i 11 Staff coordinator: G. / hlf'4 Date response received: pt./ 144)Wil COMMENTS ttey. ''`'►`5 11 c7.74i ? talc C ✓cck . 5Cc on e W-f. d esc in n I.,, i . P w h co LAAAA,LeNti s. ❑ DRC review requested Plan check date: ❑ Plan submittal requested Comments •re•ared b : ❑ Plan approved 2009 WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form [help) USE BLACK OR BLUE INK TO ENTER ANSWERS IN WHITE SPACES BELOW. Part 1— Project Identification Unique project information that makes it easy to identify. [help) US Army Corps of Engineers Seattle District .AGENCY USE ONLY Date received: Agency reference #: Tax Parcel #(s): 1a. Unique Project Identifier Number (UPI #) [help] • Don't have one yet? Get one at http: / /www.epermitting.wa.gov or call the Washington Governor's Office of Regulatory Assistance at (800)917 -0043. 655660 -09 -01 lb. Project Name (Examples: Smith's Dock or Seabrook Lane Development) [help) Southgate Stormwater Pipe Maintenance Part 2— Applicant The person or organization responsible for the project. [help] 2a: Name (Last, First, Middle) and Organization (if applicable) Howat, John, City of Tukwila 2b. Mailing Address (Street or PO Box) 600 Minklder Blvd 2c. City, State, Zip . Tukwila, WA 98188 2d. 'Phone (1) 2e. Phone (2) 2f. Fax 2g. E -mail (206)- 433 -1864 ( ) (206) 575 -3404 jhowat @ci.tukwila.wa.us Part 3— Authorized Agent or Contact Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b. of this application.) [help) 3a. Name (Last, First, Middle) and Organization (if applicable) Miles, Brandon, City of Tukwila 3b. Mailing Address (Street or PO Box) 6300 Southcenter Blvd, Suite 100 3c. City, State, Zip Tukwila, WA 98188 3d. Phone (t) 3e. Phone (2) 3f. Fax 3g. E -mail (206) 431 -3684 ( ) ( ) bmiles @ci.tukwila.wa.us JARPA 2009 Page 1 of 12 Part 4—Property Y Owner () helol Contact information for people or organizations owning the property(ies) where the project will occur. ihelpl ❑ Same as applicant. (Skip to Part 5.) ® Repair or maintenance activities on existing rights -of -way or easements. (Skip to Part 5.) ❑ There are multiple property owners. Complete the section below and use JARPA Attachment A for each additional property owner. 4a. Name (Last; First, Middle) and Organization (if applicable) The project is located both in City right of way and on an easement on real property. The real property is addressed: 4310 S. 132nd Street 4b. Mailing Address (Street or PO Box) Tukwila, WA 98188 4c. City, State, Zip King County 4d. Phone (1) 4e. Phone (2) 4f. Fax 4g. E -mail ( ) ( ) ( ) 23 Part 5— Project Location(s) Identifying information about the property or properties where the project will occur. [help] ❑ There are multiple properties or project locations (e.g., linear projects). Complete the section below and use JARPA Attachment B for each additional property. 5a. Street Address (Cannot be a PO Box. If there is no address, provide other location information in 5n.) [help] The project is located both in City right of way and on an easement on real property. The real property is addressed: 4310 S. 132nd Street 5b. City, State, Zip (If the project is not in a city or town, provide the name of the nearest city or town.) [help] Tukwila, WA 98188 5c. County Ihelpl King County 5d. Provide the section, township, and range for the project location. [help] 1/4 Section Section Township Range NE 15 23 4 5e. Provide the latitude and longitude of the project location. [help] • Example: 47.03922 N lat. / - 122.89142 W long 47.485791 N. lat/- 122.279109 5f. List the tax parcel number(s) for the project location. [help] • The local county assessor's office can provide this information. As noted the project is both in right of way and on an easement on real property. The right of way does not have a parcel number assigned. The parcel number for the real property is 7349200135. 5g. Indicate the type of ownership of the property. (Check all that apply.) [help] ❑ State Owned Aquatic Land ❑ Tribal (federal, state, county, city, etc.) 4 Private special districts like schools, ports, 1 Other publicly owned JARPA 2009 Page 2 of 12 5h. Contact information for all adjoining Attachment C.) [help] property owners, lessees, etc. (If you need more space, use JARPA Name Mailing Address Tax Parcel # (if known) Normed Shaw Partnership PO Box 4310 S. 131St Street 7349200055 Seattle, WA 98124 Hot Mix Pavers 4400 S. 131st Street 7349200235 Tukwila, WA 98168 Hot Mix Pavers 4400 S. 131st Street 7349200230 Tukwila, WA 98168 Normed Shaw Partnership PO Box 4310 S. 131St Street 7349200095 Seattle, WA 98124 5i. Is any part of the project area within a 100 - year flood plain? [help] know ❑ Yes // No ❑ Don't 5j. Briefly describe the vegetation and habitat conditions on the property. [help] The City of Tukwila's Public Works Department is proposing a stormwater maintenance project for 240 feet of pipe located under S 132nd Street and S. 131St Street. The pipe conveys water from the Southgate Creek, a type II stream. The project will involve constructing two temporary dams north and south of the pipe. The dams are necessary to prevent water and possibly fish from entering the pipe while the City is performing its maintenance operations. Water that remains in the pipe, after the temporary dams are installed, will be pumped and discharged downstream. Once the temporary dams are in place, City crews will remove any dirt and other materials that may have accumulated in the pipe. Once all debris has been removed, City staff will TV the line to inspect the condition of the pipe. For reference, the dams have bee classified as temporary dam location "A" and temporary dam location "B ". The area around temporary dam location "A" is part of stream restoration project completed by the adjacent Normed property. The vegetation around temporary dam location "A" is good and includes the following plant types of plants: cattails, rush, weed canary grass, water parsley, alder trees, butter cups, and vine weed (morning glory). The habitat conditions in this area currently are poor to average. The stream area has filled with sediment and the stream flow has been severely degraded by the sediment. Temporary dam location "B" is located within an existing roadside ditch on the south side of S. 131st Place. The vegation in this area is poor and consist of old alder tree, ferns, weed canary grass, butter cups, and blackberries. The habitat condition at this location is poor. The area is adjacent to an existing City street and the flow is restricted, likely by the same sediment that is restricting the flow for temporary location "A ". 5k. Describe how the property is currently used. [help] The City is proposing to maintain an existing stormwater pipe. The pipe is located underneath S. 131st PI South, which is a City street and the pipe is also located below an existing parking area at 4310 S. 131st PL. The property at 4310 S. 131st PI contains a light industrial use. 51. Describe how the adjacent properties are currently used. [help] JARPA 2009 Page 3 of 12 • The properties on the north side of S. 131St PI are used for commercial /light industrial uses. The Macadam LLC property, located south of S. 131st PI is vacant. 5m. Describe the structures (above and below ground) on the property, including their purpose(s). [help] As noted, part of the project is within the City's right of way and thus there are not structures on the site. On the project site that is on real property there is a 38,600 square foot light industrial building which is used for a Tight industrial business. Additionally, on the same property and within the City's right of way is a stormwater conveyance system. The same system that the City is proposing to maintain with this project. 5n. Provide driving directions from the closest highway to the project location, and attach a map. [help) From SR 599, take a right on S. 133`d Street, right on 44th PL S. 44th PI S turns into S. 131st PL S. Part 6— Project Description 6a. Summarize the overall project. You can provide more detail in 6d. [help] The City of Tukwila's Public Works Department is proposing a stormwater maintenance project for 240 feet of pipe located under S 132nd Street and S. 131st Street. The pipe conveys water from the Southgate Creek, a type II stream. The project will involve constructing two temporary dams north and south of the pipe. The dams are necessary to prevent water and possibly fish from entering the pipe while the City is performing its maintenance operations. Water that remains in the pipe, after the temporary dams are installed, will be pumped and discharged downstream. Once the temporary dams are in place, City crews will remove any dirt and other materials that may have accumulated in the pipe. Once all debris has been removed, City staff will TV the line to inspect the condition of the pipe. 6b. Indicate the project category. (Check all that apply.) [helel ❑ Commercial ❑ Residential ❑ Institutional ❑ Transportation ❑ Recreational Environmental Enhancement // Maintenance ❑ 6c. Indicate the major elements of your project. (Check all that apply.) (help] ❑ Aquaculture ❑ Bank Stabilization ❑ Boat House ❑ Boat Launch ❑ Boat Lift ❑ Bridge ❑ Bulkhead ❑ Culvert ❑ Dam / Weir ❑ Dike / Levee / Jetty ❑ Ditch ❑ Dock / Pier ❑ Dredging ❑ Fence ❑ Float ❑ Geotechnical Survey ❑ Land Clearing ❑ Marina / Moorage ❑ Mining ❑ Outfall Structure ❑ Piling ❑ Road ❑ Scientific Measurement Device ❑ Stairs ❑ Stormwater facility ❑Swimming Pool Utility Line JARPA 2009 Page 4 of 12 ❑ Buoy ❑ Channel Modification ❑ Ferry Terminal ❑ Fishway ❑ Retaining Wall (upland) stage. Start date: August 10, 2009 End date: September 1, 2009 ❑ See JARPA Attachment D temporary dams and maintenance of an existing stormwater pipe. ■ Other: Installation of two 6g. Fair market value of the project, including materials, labor, machine rentals, etc. rhelm 6d. Describe how you plan to construct each project element checked in 6c. Include specific construction methods and equipment to be used [help • Identify where each element will occur in relation to the nearest waterbodya • Indicate which activities are within the 100 -year flood plain. The condition of the piped being maintained is unknown and the City needs to evaluate the pipe for possible future maintenance needs. All work will occur adjacent or within Southgate Creek. The steps of the project include the following: 1. Tree protection fences will be installed around the bases of the existing alder trees near the location of the two temporary dams. The dam will be removed nightly and replaced in the morning as the maintenance activities take place. 2. Accumulate sediment near the intake and outfall (the locations of the temporary dams) of the stormwater pipe will be removed. Only be several cubic feet of material should be removed. 3. Two temporary sandbag dams will be located up stream and down stream from the pipes location. 4. Water within the pipe will be pumped out and discharged downstream. The water will be discharged upland from the ordinary high water mark so that any pollutants within the water can filter out before the water reenters the stream. 5. The condition of the existing pipe will be inspected by the use by the City's pipe camera. The City will use an existing manhole at 4310 S. 131st PI for the inspection. 6. If a large amount of sediment is found, which the City expects will be, a waste vector truck will be used to remove the sediment. Again, the existing manhole on the private property will be utilized. The waste vector truck will be parked in an existing parking area. 7. Sediment removed from the pipe will be transported offsite and taken to an approved receiving facility. 8. Upon completion of the project, the areas around the dam will be restored to their pre - project conditions. Any vegetation damaged or removed will be replaced. 6e. What are the start and end dates for project construction? (month /year) [help • If the project will be constructed in phases or stages, use JARPA Attachment D to list the start and end dates of each phase or stage. Start date: August 10, 2009 End date: September 1, 2009 ❑ See JARPA Attachment D 6f. Describe the purpose of the work and why you want or need to perform it. (help] The condition of the subject stormwater pipe is unknown. The proposed project will allow the city to evaluate the condition of the pipe and determine if the pipe needs to be replaced at a later date. 6g. Fair market value of the project, including materials, labor, machine rentals, etc. rhelm $10,000 JARPA 2009 Page 5 of 12 6h. Will any portion of the project receive federal funding? [helpl • If yes, list each agency providing funds. ❑ Yes ® No ❑ Don't know Part 7— Wetlands: Impacts and Mitigation ® Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) 7a. Describe how the project has been designed to avoid and minimize adverse impacts to wetlands. [help] ❑ Not applicable There is a wetland north of the project site. There will be no direct impacts to the wetland. However, the two temporary dams could reduce water entering the wetland. To reduce impacts to the wetland, the work will be preformed during the summer months and the temporary dams will be removed nightly to allow the Southgate creek to resume its normal flow (See Attached Critical Areas Map). 7b. Will the project impact wetlands? [helpl ❑ Don't know ❑ Yes // No 7c. Will the project impact wetland buffers? [help] ❑ Don't know ❑ Yes /1 No 7d. Has a wetland delineation report been • If yes, submit the report, including data sheets, prepared? [helpl with the JARPA package. ❑ Yes /1 No 7e. Have the wetlands been rated using the Western Washington or Eastern Washington Wetland Rating System? [help] • If yes, submit the wetland rating forms and figures with the JARPA package. ❑ Don't know 0 Yes ❑ No 7f. Have you prepared • If yes, submit the a mitigation plan plan with the JARPA package. to compensate for any adverse impacts to wetlands? [help] ❑ Yes ❑ No // Not applicable 7g. Use the table below to list the type and rating of each wetland that will be impacted; the extent and duration of the impact; and the type and amount of compensatory mitigation proposed. If you are submitting a compensatory mitigation plan with a similar table, you may simply state (below) where we can find this information in the mitigation plan. [help] Activity causing impact (fill, drain, excavate, flood, etc.) Wetland type and rating category Impact area (sq. ft. or acres) Duration of impact2 Proposed mitigation type3 Wetland mitigation area (sq. ft. or acres) Temporary Damming of upstream creek that is adjacent to wetland. Type II Entire Wetland Temporary None N/A JARPA 2009 Page 6 of 12 Part 8— Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non - wetland waterbodies. (See Part 7 for information related to wetlands.) (help) ® Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help] ■ The only impacts to Southgate Creek will be the construction of two temporary sandbag dams located on both sides of the existing pipe's location. Shrubs and grasses near the location of the temporary dams maybe impacted. The shrubs and grasses will be replanted, as needed, when the project is complete. The dams will be removed nightly in order to allow the stream to return to its normal flow. Additionally, impacts to the stream will be mitigated by doing the construction during low flow periods. Tree protection fences will installed around all trees near the location of the temporary dams. Water drained from the exiting stormwater pipe will be pumped downstream and released upland of the ordinary high water mark, this will allow for the removal of any pollutants before the water reenters the stream. 8b. Will your project impact a waterbody or the, area around a waterbody? [help] /1 Yes No 8c. Summarize impact(s) to each waterbody in the table below. Lhelpj Activity causing Waterbody Impact Duration of Amount of Area (sq. ft. or 1 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 2 Indicate the time (in months or years, as appropriate) the wetland will be measurably impacted by the activity. Enter "permanent" if applicable. 3 Creation (C), Re- establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mitigation Bank/In -lieu fee (B) Page number(s) for similar information in the mitigation plan, if available: 7h. For all filling activities identified in 7g., describe the source and nature of the fill material, the amount in cubic yards that will be used, and how and where it will be placed into the wetland. [help] N/A 7i. For all excavating activities identified in 7g., describe the excavation method, type and amount of material in cubic yards you will remove, and where the material will be disposed. fhelpj N/A 7j. Summarize what the compensatory mitigation plan is meant to accomplish, and describe how a watershed approach was used to design the plan. jhelpj N/A Part 8— Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non - wetland waterbodies. (See Part 7 for information related to wetlands.) (help) ® Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describe how the project is designed to avoid and minimize adverse impacts to the aquatic environment. [help] ❑ Not applicable The only impacts to Southgate Creek will be the construction of two temporary sandbag dams located on both sides of the existing pipe's location. Shrubs and grasses near the location of the temporary dams maybe impacted. The shrubs and grasses will be replanted, as needed, when the project is complete. The dams will be removed nightly in order to allow the stream to return to its normal flow. Additionally, impacts to the stream will be mitigated by doing the construction during low flow periods. Tree protection fences will installed around all trees near the location of the temporary dams. Water drained from the exiting stormwater pipe will be pumped downstream and released upland of the ordinary high water mark, this will allow for the removal of any pollutants before the water reenters the stream. 8b. Will your project impact a waterbody or the, area around a waterbody? [help] /1 Yes No 8c. Summarize impact(s) to each waterbody in the table below. Lhelpj Activity causing Waterbody Impact Duration of Amount of Area (sq. ft. or JARPA 2009 Page 7 of 12 impact (clear, dredge, fill, pile drive, etc.) name location' impact2 material to be placed in or removed from waterbody linear ft.) of waterbody directly affected Temporary Dam Location "A" Southgate Creek Within Two weeks, dam will be removed nightly. Small amount of sediment buildup near the existing pipe outfall. 10 square feet Temporary Dam Location "B" Southgate Creek Within Two weeks, dam will be removed nightly. Small amount of sediment buildup near the existing intake of the pipe. 10 square feet 1 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and indicate whether the impact will occur within the 100 -year flood plain. 2 Indicate the time (in months or years, as appropriate) the waterbody will be measurably impacted by the work. Enter "permanent" if applicable. 8d. Have you prepared a mitigation plan to compensate for the project's adverse impacts to non - wetland waterbodies? [hello] • If yes, submit the plan with the JARPA package. ❑ Not applicable ❑ Yes // No 8e. Summarize what the compensatory mitigation plan is meant to accomplish. Describe how a watershed approach was used to design the plan. • If you already completed 7j., you do not need to restate your answer here. [help] Any vegetation that is damaged within the installation of the temporary dams will be replaced, with the plantings approved by the City's Urban Environmentalist. 8f. For all activities identified in 8c., describe the source and nature of the fill material, amount (in cubic yards) you will use, and how and where it will be placed into the waterbody.:[heIDI N/A 8g. For all excavating or dredging activities identified in 8c., describe the method for excavating or dredging, type and amount of material you will remove, and where the material will be disposed. Ihelpj Excavation of about five (5) cubic yards of sediment will be completed by hand. The sediment has partially buried both ends of the existing stormwater pipe. The sediment will be removed offsite to an approved receiving facility. Part 9— Additional Information Any additional information you can provide helps the reviewer(s) understand your project. 9a. If you have already worked with any government agencies on this project, list them below. [help] JARPA 2009 Page 8 of 12 Agency Name Contact Name ` Phone Most Recent Date of Contact City of Tukwila Brandon Miles (206) 431 -3684 July 27, 2009 ❑S ►/ F ❑Np ❑Ns ( ) 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? [helpl • If no provide the name of the manual your project is designed to meet. @ Yes ❑ No Note: No new impervious surfaces are proposed. Name of manual: 1998 King County Surface Water Design Manual ( ) 9b. Are any of the wetlands Ecology's 303(d) List? • If yes, list the parameter(s) • If you don't know, use http://www.ecy.wa.qov/programs/wq/303d/. or waterbodies identified in fhelP1 Part 7 or Part 8 on the Washington Department of Water Quality Assessment tools at: below. Washington Department of Ecology's ❑ Yes .1 No 9c. What U.S. Geological Survey Hydrological Unit Code (HUC) is the project in? [help • Go to http: / /cfpub.epa.gov /surf/locate /indexcfm to help identify,the HUC. 17110013 and 17110019 9d. What Water Resource Inventory Area Number (WRIA #) is the project in? [help] • Go to http: / /www.ecy.wa.gov/ services /ais /maps/wria /wria.htm to find the WRIA #. WRIA 9 9e. Will the in -water construction work comply with the State of Washington water quality standards for turbidity? [help] • Go to http: / /www.ecy.wa.gov /programs /wq /swgs/criteria.html for the standards.. /1 Yes ❑ No ❑ Not applicable 9f. If the project is within the jurisdiction of the Shoreline Management Act, what is the local shoreline environment designation? [help] • If you don't know, contact the local planning department. • For more information, go to http://www.ecv.wa.gov /programs /sea /sma /laws rules /173- 26/211 designations:html. ❑ Rural ❑ Urban ❑ Natural ❑ Aquatic ❑ Conservancy ❑ Other 9g. What is the Washington Department of Natural Resources Water Type? theip] • Go to http: / /www.dnr.wa.gov /BusinessPermits / Topics /ForestPracticesApplications /Pages /fp watertypinq.aspx for the Forest Practices Water Typing System, ❑S ►/ F ❑Np ❑Ns 9h. Will this project be designed to meet the Washington Department of Ecology's most current stormwater manual? [helpl • If no provide the name of the manual your project is designed to meet. @ Yes ❑ No Note: No new impervious surfaces are proposed. Name of manual: 1998 King County Surface Water Design Manual 9i. If you know what the property was used for in the past, describe below. [help) JARPA 2009 Page 9 of 12 Prior to the light industrial development that is currently on the property, the property was used for agricultural. 9j. Has a cultural resource (archaeological) survey been performed on the project area? [help] • If yes, attach it to your JARPA package. ❑ Yes 0 No 9k. Name each species listed under the federal Endangered Species Act that occurs in the vicinity of the project area or might be affected by the proposed work. [help] Chinook Salmon 91. Name each species or habitat on the Washington Department of Fish and Wildlife's Priority Habitats and Species List that might be affected by the proposed work. [help] Chinook Salmon and Hawks. JARPA 2009 Page 10 of 12 4 Part 10— Identify the Permits You Are Applying For Use the resources and checklist below to identify the permits you are applying for. • Online Project Questionnaire at http: / /apps.ecy.wa.gov /opas /. • Governor's Office of Regulatory Assistance at (800) 917 -0043 or help(a)ora.wa.00v. 10a. Compliance with the State Environmental Policy Act (SEPA). (Check all that apply.) [help] • For more information about SEPA, go to www.ecv.wa.gov/ programs /sea /sepa /e- review.html. ❑ A copy of the SEPA determination or letter of exemption is included with this application. // A SEPA determination is pending with City of Tukwila (lead agency). The expected decision date is July 26, 2009. ❑ I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) • Submit the Fish Habitat Enhancement Project form with this application. The form can be found at http: / /www.epermittinq.wa.gov /Portals/ JarpaResourceCenter/ images /default/fishenhancement.doc ❑ This project is exempt (choose type of exemption below). ❑ Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? ❑ Other: ❑ SEPA is pre - empted by federal law. [help] 1013. Indicate the permits you are applying for. (Check all that apply.) [help[ LOCAL GOVERNMENT Local Government Shoreline permits: ❑ Substantial Development ❑ Conditional Use ❑ Variance ❑ Shoreline Exemption Type (explain): Other city /county permits: ❑ Floodplain Development Permit 11 Critical Areas Ordinance STATE GOVERNMENT Washington Department of Fish and Wildlife: 1 Hydraulic Project Approval (HPA) ❑ Fish Habitat Enhancement Exemption Washington Department of Ecology: ❑ Section 401 Water Quality Certification Washington Department of Natural Resources: ❑ Aquatic Resources Use Authorization . FEDERAL GOVERNMENT' United States Department of the Army permits (U.S. Army Corps of Engineers): ❑ Section 404 (discharges into waters of the U.S.) ❑ Section 10 (work in navigable waters) United States Coast Guard permits: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non - bridge projects) JARPA 2009 Page 11 of 12 Part 11-Authorizing i n• 9 9 res Signatures required before submitting the JARPA package. 11a. Applicant Signature (required) Ihelpl I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby auth application. he agent named in Part 3 of this application to act on my behalf in matters related to this (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies ente ' he property where the project is located to inspect the project site or any work related to the project. (initial) 11 b. Authorized Agent Signature Ihelpl -0� Date I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also ertify that I have the authority to carry out the proposed activities and I agree to start work only after all necess ry permits have been issued. Autho ized Af ent 11 c. Property Owner Signature (if not applicant) [help] Dat I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. 1� A h e,» e& r -1 7'1 A'`k p''P ('/, Property Owner Date 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact The Governor's Office of Regulatory Assistance (ORA). People with hearing Toss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833 -6341. ORA publication number: ENV - 019 -09 JARPA 2009 Page 12 of 12 2009 WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form jhelpl US Army Corps of Engineers Seattle District JARPA Attachment C: Contact information for adjoining property owners, lessees, etc. [help] Use this attachment only if you have more than four adjoining property owners. AGENCY USE ONLY Date received: Agency reference #: Tax Parcel #(s): TO BE COMPLETED BY APPLICANT [help] UPI #: 655660 -09 -01 Project Name: Southgate Stormwater Pipe Maintenance Use black or blue ink to enter answers in white spaces below or fill in electronically by clicking on fields. 5h. Contact information for all adjoining property owners, lessees, etc. jheipl Name Mailing Address Tax Parcel # (if known) Shaw Normed Partnership PO Box 4310 S. 131st Street - - -- 7349200040 — — — Seattle, WA 9812 Macadam LLC 4446 S. 131St PL 7340600722 Tukwila, WA 98168 Macadam LLC 4446 S. 131st PL ___ Tukwila, WA 9816 2613200131 . . If you require this document in another format, contact The Governor's Office of Regulatory Assistance (ORA). People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833 -6341. ORA publication number: ENV - 022 -09 JARPA 2009 Attachment C: Contact information for adjoining property owners, lessees, etc. (see JARPA question 5h) Page 1 of 1 • Temporary Dam Location "A" Approximant Location of temporary sandbag dam. • • Temporary Dam Location "B" • Note the standing water at both dams location. 0 Senstive Areas In Project Area I 1 219 ft CityGIS Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. Proposed Pipe to tie cleaned. yrg i Temporary Dam Location '8 "' 2 "ay gyps _ 1 4 N. J182ft CityGIS Copyright 02006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. Washington Department of FISH and WILDLIFE H!RAULIC PROJECT APPROVAL• RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA/Public Notice #: N/A PERMITTEE City of Tukwila ATTENTION: John Howat 600 Minkler Blvd Tukwila, WA 98188 206 - 433 -1864 Project Name: Project Description: AUTHORIZED AGENT OR CONTRACTOR City of Tukwila Stream Channel /Ditch Maintenance Maintenance of the public surface water system including stream crossings, and channels /ditches at various locations throughout the city PROVISIONS 1. Removal of sediment or other instream work below the ordinary high water line (OHWL) shall occur only between June 16 and September 30; removal of debris within 20 feet of culvert inlets may occur at any time. 2. Work shall be accomplished per plans and specifications entitled, "City of Tukwila Citywide Stream Channel /Ditch Maintenance Program" (with accompanying table of sites); "Southgate Creek Maintanance - Riparian Planting Plan" (the updated version with six species listed); and per the supplemental JARPA received July 29, 2009, which adds location 5 to the Hydraulic Project Approval (HPA), submitted to and approved by the Washington Department of Fish and Wildlife (WDFW), except as modified by this HPA. A copy of these plans shall be available on site during mainteance activities. FLOW BYPASS 3. Prior to sediment removal in any flowing watercourse, a temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter, and compliance with Provisions 5 - 8 is also required. 4. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 5. Prior to releasing the water flow to the project area, all instream work shall be completed. 6. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved conditions. 7. Where fish (including juveniles) are present, the permittee shall capture and safely move all food fish, game fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free - flowing water downstream of the project site. The permittee may request that Page 1 of 7 Washington Department of FISH and WILDLIFE ARAULIC PROJECT APPROVAL. RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA/Public Notice #: N/A 1 WDFW assist in capturing and safely moving fish life from the job site to free - flowing water, and assistance may be granted if personnel are available. 8. Any device used for diverting water from a fish - bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and 77.57.070. The pump intake shall be screened with 1/8 -inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. DREDGING 9. Less than 50 cubic yards of material shall be removed without additional State Environmental Policy Not (SEPA) review. 10. Dredged streambed materials shall be disposed of at approved in -water disposal sites, or upland so they will not re -enter state waters. 11. Dredging shall be limited to maintaining the stream channels. Stream banks shall not be disturbed. 12. Debris within 20 feet of culvert inlets may be removed, provided the debris is not embedded in the streambed or banks. 13. Equipment shall be operated to minimize turbidity. During excavation, each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the streams or in wetlands associated with the streams. 14. Disturbance of the riparian vegetation shall be limited to that necessary to perform the maintenance activities. Affected areas of riparian vegetation shall be restored to preproject or improved habitat configuration. Prior to December 31 of the year of maintenance activity, the disturbed areas of vegetation shall be revegetated with native or other woody species approved by the WDFW AHB listed below. Vegetative cuttings shall be planted at a maximum interval of three feet (on center). Installation and maintenance in perpetuity of the planting plan on Southgate Creek (Provision 2) are required to mitigate the impacts of City maintenance activities on fish life. Plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. 15. Equipment used for maintenance activity project shall be free of external petroleum -based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the OHWL. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. Page2of7 Washington Department of FISH and WILDLIFE H!RAULIC PROJECT APPROVALS RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA/Public Notice #: N/A 16. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1- 800 - 258 -5990, and to the AHB. 17. Erosion control methods shall be used to prevent silt -laden water from entering the streams and their associated wetlands. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel - filled burlap bags or other material, and /or immediate mulching of exposed areas. 18. Prior to starting work, the selected erosion control methods (Provision 17) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods after completion of work. 19. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the streams or wetlands associated with the streams. 20. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of floodwater in an approved upland disposal site. 21. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 22. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the streams or into wetlands associated with the streams. NOTE This HPA supercedes the original HPA issued September 17, 2007 for this activity. PROJECT LOCATIONS Location #1 47th Ave S/S 109th St WORK START: July 29, 2009 IWORK END: September 16, 2012 WRIA: Waterbody: Tributary to: Elliott Bay Duwamish River /Green River 09.0001 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: King N 47.50543 W 122.27474 23 N 04 E SE 1/4 03 Location #1 Driving Directions This is an unnamed tributary to the Green River and involves dredging approximately 20 cubic yards. Page 3 of 7 Washington Department of FISH and WILDLIFE I- RAULIC PROJECT APPROVA• RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA/Public Notice #: N/A Location #2 44th Ave S/S 131st St WORK START: July 29, 2009 !WORK END: September 16, 2012 WRIA: Waterbody: Tributary to: Elliott Bay Duwamish River /Green River 09.0001 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: King 04 E N 47.4852 W 122.27806 15 23 N NE 1/4 Location #2 Driving Directions This is on Southgate Creek and involves dredging approximately 40 cubic yards and removing grass and weeds using hand held tools. Location #3 S 134th /S 133rd WORK START: July 29, 2009 !WORK END: September 16, 2012 WRIA: Waterbody: Tributary to: Elliott Bay Duwamish River /Green River 09.0001 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: King W 122.27699 N 47.48461 23 N 04 E NE 1/4 15 Location #3 Driving Directions This is on Southgate Creek and involves dredging approximately 30 cubic yards and removing grass and weeds using hand held tools from a reach 48th Ave S. to S 133rd (approximately 1000 feet) and installation of mitigation plantings. Location #4 N Canyon /Southcenter Parkway WORK START: July 29, 2009 1WORK END: September 16, 2012 WRIA: Waterbody: Tributary to: Elliott Bay Duwamish River /Green River 09.0001 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: King W 122.26513 N 47.44783 23 N 04 E SW 1/4 26 Location #4 Driving Directions This is on an unnamed tributary to the Green River and involves dredging approximately 20 cubic yards. Page 4 of 7 Washington Department of FISH and WILDLIFE HA03. AULIC PROJECT APPROVAL. RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA /Public Notice #: N/A Location #5 Southgate Ck 4310 S 132nd St WORK START: July 29, 2009 (WORK END: September 16, 2012 WRIA: Waterbody: Tributary to: 09.0001 Duwamish River /Green River Elliott Bay 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: NE 1/4 04 E W 122.27911 King 15 23 N N 47.48579 Location #5 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and /or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and /or a gross misdemeanor charge, possibly punishable by fine and /or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. Page 5 of 7 \ Washington Department of FISH and WILDLIFE ARAULIC PROJECT APPROVAO RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA/Public Notice #: N/A A. INFORMAL APPEALS (WAC 220 - 110 -340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501 -1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his /her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his /her designee shall conduct a review and recommend a decision to the Director or his /her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220 - 110 -350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501 -1091, within 30 -days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30 -days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259 -04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459 -6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199 -08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459 -6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. Page 6 of 7 Washington Department of FISH and WILDLIFE HY RAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA /Public Notice #: N/A ENFORCEMENT: Sergeant Chandler (34) P2 Habitat Biologist Larry Fisher 425 - 313 -5683 for Director WDFW CC: Page 7 of 7 SOUTHGATE STORMWATER PIPE L09 -043 \ Washington Department of FISH and WILDLIFE ARAULIC PROJECT APPROVAO RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW Issue Date: July 29, 2009 Project Expiration Date: September 16, 2012 North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012 -1296 (425) 775 -1311 Control Number: 110429 -2 FPA/Public Notice #: N/A A. INFORMAL APPEALS (WAC 220 - 110 -340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501 -1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his /her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his /her designee shall conduct a review and recommend a decision to the Director or his /her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220 - 110 -350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501 -1091, within 30 -days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30 -days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259 -04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459 -6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199 -08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459 -6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. Page 6 of 7 PAGE001 OF 008 94/1112008 68:55 KING COUNTY, WA 4.Above this line reserved for Recorder's use PUBLIC StORM.:;•.014AI.AGE EASEMENT Grantor: NORMED-SHAW pARINER$HIP,,..a Washington State general partnership Grante,.. CITY OF TUKWILA, a Murricipal,egrporafion.:'of,King Coi„inty, Washington. Document Reference Number(s): • : Section/township/Range : NW1/4 of the NE1/4 of Sec.'15,"T23N.,A.4E., . . . Asesor's:tax:15arcel Number(s): 734920-0135 .,:i:Abbee.yiptd Legal DesCription: Within a Portion of the NW1/LCof NE1/4 of Sec. . , T23N.,.R.4:E., W.M. Full ied'ai descriptions of:.6ublect property and public storm drainage easement are legally described in'Expibits 'A.1' arid 'A-Z, which are attached and incorporated . , . by reference. .•..: .• 1. Recitals. • • • A. The Grantor is the owner ofthat[certain.fe4ProPertY described on Exhibit 'A-1' attached hereto arid,iricoriziorated.,fierein. by this reference. B. This instrument sets forth the terms and coridition$ under whch the ......... Grantor will grant the Grantee an easement. .... ' Page 1 of 8 PAGE001 OF 008 94/1112008 68:55 KING COUNTY, WA 4.Above this line reserved for Recorder's use PUBLIC StORM.:;•.014AI.AGE EASEMENT Grantor: NORMED-SHAW pARINER$HIP,,..a Washington State general partnership Grante,.. CITY OF TUKWILA, a Murricipal,egrporafion.:'of,King Coi„inty, Washington. Document Reference Number(s): • : Section/township/Range : NW1/4 of the NE1/4 of Sec.'15,"T23N.,A.4E., . . . Asesor's:tax:15arcel Number(s): 734920-0135 .,:i:Abbee.yiptd Legal DesCription: Within a Portion of the NW1/LCof NE1/4 of Sec. . , T23N.,.R.4:E., W.M. Full ied'ai descriptions of:.6ublect property and public storm drainage easement are legally described in'Expibits 'A.1' arid 'A-Z, which are attached and incorporated . , . by reference. .•..: .• 1. Recitals. • • • A. The Grantor is the owner ofthat[certain.fe4ProPertY described on Exhibit 'A-1' attached hereto arid,iricoriziorated.,fierein. by this reference. B. This instrument sets forth the terms and coridition$ under whch the ......... Grantor will grant the Grantee an easement. .... ' Page 1 of 8 Grant of .Easement. A For and in::consid.eration if TEN DOLLARS ($10.00) and other valuable ::consideratton,.'the.. receipt�of .; >which...is..:,.hereby acknowledged, NORMED -SHAW PA i..TN ERSH1P,;� ( "Grantor ") grants, conveys, and warrants to the CITY OF TUKWILA, ("Grantee"),:' for ..:.. the ' purpdseshereinafter set forth, a perpetual easement ;under, ;:across, ;enct over " : pollift.6n of the Parcel described above, a depiction of''saicr easement being :attached hereto as Exhibit 'B -1', and a legal description of said,:' easement I ing attached hereto as Exhibit 'A -2', both incorporated herein'ipy this refe 3. Purpose of Easement..: The Grantee shall be entitled to use the easement under,; across•;,and over a. portion of"the Parcel described above, a. depiction of easement"being attached hereto as Exhibit 'B -1', and incorporated heretn by.thit. reference, in >" perpetuity for the purpose or purposes of: To operate, maintain, repair, replace, improve, remove,•end;usethe easernentfor storm drainage. • General Provisions. A. Access.::' Grantee shall have the right of access to the easement under, ,across, and over the Property to enable Grantee to exercise its rights hereunder. B. Indemnification.. Grantee shall hold the Grantor harmless from all costs, claims, or liabilities .of.,..any nature, iricfuding attorneys' fees, costs, and expenses for or on account of njuries or damages.sustained by any persons or property resulting from the negligent activities:::or;:omissions of the Grantee resulting from this easement:" Grantor shall hold the GrarrtW:and its officers, agents ;...and employees harmless from all costs, claims or liabilities:bf;any: °nature including attorneys' fees, costs and expenses for or on account of injuries or damages: :sustainer ...by any persons or property resulting from the negligent ,activities or ;:omissions ••.of ..the Grantor, or Grantor's agents or employees resulting•from this easement., Page 2 of 8 Attorneys' Fees. In the event that any suit or other proceeding is instituted either party to this instrument arising out of or pertaining to this instrument or the relationship of the parties, including but not limited to the filing of • .:a lawsuit, a request for an arbitration, mediation, or other alternative dispute resoluti'on...prrocess •(collectively,,: "Proceeding "), and any appeals and collateral actions relative;: to such:,a Proeeding, the substantially prevailing party as :;determined by/'the' co.OrV or as determined in the Proceeding shall be entitled to recover. its reasonable attorneys' .fees and all costs and expenses incurred relative to such Proceeding;, from the lion- 'prev$iiling ".party, in addition to such other relief as may be;awarded: D. Binding Effect. This;;:frt trument shall be binding upon and inure to the benefit of the parties and ,;their successors, heirs,:, assigns, and personal representatives and all' persons ciaiming ,by, through or :un4er the parties hereto. The easement created by.i::this instrument st atl., be•:ap.purt€nant, shall touch and concern the real property identified above, and shalt: run with the land. Applicable Law. This •..insi-ruthent ,shah p'e governed construed in'..accordance with the laws. >:of the; State of Washington.. Jurisdiction over and venue. of any suit arising out of. or" related'to:°thhi instrument shall be exclusively vithii the state or federal courts of King County, ..Washingto . F Entire Agreement. This instrument contains the entire agreement •between the parties_with respect to this matter. It may not b'e'mQ'oified except in a :writing si,gned:by: both parties. • G. UVaiuer.:'Any waiver by a party of a breach of any provision of the agreement containe4:within,:t its instrument by the other party shall not operate or be construed;as waivar.cif any subsequent breach by that party. No waiver shall be valid unless in writieig and` signed by:the party against whom enforcement of the waiver is sought.. j• H. Severability. If'for..any:.reason'any" portion of this instrument or any agreement contained herein shall:'be. held to:' be' invalid or unenforceable, the holding of invalidity or unernforceability, of that portion shall not affect any other portion of this instrument or agreement and the remaining..: portions of the instrument shall remain in full force''and''effect..: I. Notices. Any notice required `..:or;:'desi'red:.'to::'be.2given under this instrument shall be deemed given if it is in writing'•and atualiy delivered to the party, or sent by certified mail to the address listed below for that party :::.; • • Page 3 of 8 NORMED-SHAW PARTNERSHIP 4310 S. 131m PL Tukwila, WA 98168 • • . • • • • • . • caused this instrument to be , 2008. 2 -0 rantor Date STATEibF..WASI-11NGTON) )ss. County of certify..thatj knOw or have satisfactory evidence that I4MC. "" •• •• islhe person who appeared before me, and saitl,peisori acknowledged that ivprrict;-$1,10,413143 Otlerg , a Partnehliii, to:be the free .,:instrumentind acknowledged it as the of he signed this inStrument, on oath stated t at he/she was authorized to:exe6ute the and Voluntary act of such party for the uses and purposes mentioned in thitlpstrument. 'Dated 208 rr -al. ..■■• AI!): AL. Notary Public State of Washington J A IITRASSSINGI * M• y Appointment bolos Dec 20, 2010 NOtary Public in and for the State of Washington residing at ■_atei CA) My iippointrnent:expires:jaagaggeagfpatO__ Page 4 of 8 • • • • • • • • . • • • • • • • • • . • • • • • • • • • • • • • GRANTE CITY O.F TUKWILA • Attest/Authenticated :. Ci 'Clerk Approved Asi :to Form by City Attorney STATE OF:V.V.ASHINGTON ) ss. County of King • On this ::// day of before.: me, the undersigned, a. Notary Public in and for the State of Washington, duly coma fssia `ed sworn, pefsorially appeared known to me to be,..the Mayor, of CITY OF TUKWILA, the municipal corporation that executed thWforegoing instrument, and acknowledged it to be the free and voluntary act of said::fmunicipal corporation, for the uses and purposes mentioned in this instrument,,., and on; °oath stated that he /she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. .:print flarq / iV,lrs MAITW &vC.tk. AO' PUBLIC in and for the State of Washington, rasiding at • • EXHIBIT 'A -1' Legal Description of Grantor's Property ,,, Lots 8 thin igh 1:3, Black 3, Riverton" Fteplat.of..l.ots 1 to 5, Fostoria Garden Tracts, according to the plat recorded In Volume.13,of Piat *; page 40, .and over, under and across Vacated 43rd Avenue South adjoining,, 43rd Place:South aining,.arid44th Place South adjoining; EXCEPT Prtfriary State Highway No.::1(SR- 599)by'Superior Court Cause No 618285 Page 6 of 8 EXHIBIT "A-2" LEGAL DESCRIPTION STORM DRAINAGE EASEMENT kOtrivof land; 10 feet In Width, over under and/egress Lot 10, Block 3. Riverton Replat of Lots 1 to 6,...FostOrta Garden Tracts, accofdIfiglo the.,Olot recorded in Volume 13 of Plats, page 40, and over, under and across Vecated'Ord Avenue South adjoining and 43rd Place South adjoining, 5.00 feet ofsuch width lying orii;eactiside of tlie,follOWing described centerline: ... • COMMENCING at the most Northerly corneOfsaid Lot 10; THENCE South 41° 54! 45' West; 40.06 feet alPng the•Northwesteklina of said lot to an angle . • THENCE South 01° 3T 45' East, 140 feet along the West line of sleldiplto the TRUE POINT OF BEGINNING of herein described .centerline; THENCE North 44028 58- West, 26.4teet;' THENCE South 44° 28' 58' East, 12844 feet to the Northerly margin of .Aoutb.:132nd Street and the terminus. The sidelines Of:said easement shaU be shortened:9r lengtheried as necessary as U:•:triteriect.Said North margin ands line which passes through the teretirius cd a lliaririg of Noith.4503• 07" East. point; ."/'"/.s\\'.\\\\\\"\'''',1 Page 7 of 8 • • EXHIBIT B-1' Depiction of Public Storm Drainage Easement (Ref. - D04-415) LOT 12 ,77/. •17,-4',..'S\\.\\•••••••••••\\,\)1, LOT 11 ',;:111111W'''`'=11=111•1111E •1\s,V.N.\\N"\\NNV‘NNV//////////////////jIl 18215 72ND AMIDE SOWN KENT, WA 98032 (425)251-8222 (425)251-8782 FAX CML. ENGINEERING. LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES `Job. Number urcW1•17Mill 111M!!.2N631111111 irenji py41=1 II: ...: .,.. Rettitn..to: . . . ,Citji Clpiji.... ,.... ..::::•-'' ::?..C.ity or f ukiill.a , f3200•Squthcanter Boulevard .,. •• •• , . '''' UNIEMORI ACIOG • CIT COUNTY, WA 44111/2028 08:55 0:08041 1000022 %WP TUKWI MSC 47.00 L PAG 1 OF 608 . . ' X • : . , ..• Above this line rete.evect:for Recditer's use CONVEYANCE PUBLIC ,o Grant* I4.9Rmp-SHAW PARTNERSHIP, a Washington State general partnerhiR:: Graritee: CITY 2F TUKWILA, a Washington municipar6orpdration...'• • , • .. . , DcCumet ReSrence Number(s): NW1/4 of the NE1/4 of Sec. 15, T2314,, Wm. • • Assessor's p.arcellsIiimi;:er(s): 734920-0135 • • • Abbreviated LOkalpesOiptibn:..Wirthina Portion of the NW1/4 of the NE1/4 of Sec. 15, T23N,R4E,WM Full legal description of subjeCt pro'berts'ila legally described in Exhibit 'A as depicted in Exhibit 'B', which are attached .and,:.incorporatedlay reference. DEED OF CONVEYANCE OF PUBLIC IMPROVEMENTS Form approved 2003 .....--.•:::: :..:. :::: „.. '....:;*. ....' .. .• .... : Page 1 Of 6 • • '''' TheC.Tranteli;NorivIed-thaw. Partnership, a Washington State general partnership, . . . • Coneys; 'warrants, and dedicates to City-ofTulcwila the following described public . . . . easement and ttormwater dtainage'improvemerits::. • . . . . • • • . . APPROXIMATELY 30 LF of 1.2-ingh,etorM. pipe (ADS), 30 LF of 48-inch storm pipe (CPEP), 1 each type 1 catch basin, 1 each 72-inch catch basin, 1 each Stormceptor — model.#450,.200.:8Y.cif asphalt pavement, 360 L.F of 6" Vertical Curb w/Gutter, AND MISCELLLANEOUS'APPURTENANCES. ENGINEERING COSTS: $ 4,006.00 ' • CONSTRUCTION COSTS: $17,780.00 . TOTAL $21,780.00 ,•• . . . . . . . . . . . , • .. , . Situated in,King:Counti,'State of Washington. .. . 7 . *.• . : : • : DATED.this/ 5 4.2-:. day of F-- 6 , e-144 ,-.), 2008 :.. ' .. ; .... GRANTOR: NorMed-Shaw Partnership . . ... ., . .... ../ „: ...... ::. :. . 1 • (Signatiire) •11-,? -•• 5 haw • (pTint name) .• • . 04- f (title) ...v.- • • .• ,• •• ••• • • • • ••. • DEED OF CONVEYANCE OF PUBLIC IMPROVEMENTS Form approved 2003 •••• •• •• •• .• .• •• •... . . . . .:Page 2 of ,• .,• ..• .`• 1•. :• • ■ • • • • • • • • s• . •. STATE OF )ss. Couuty:of King • • ,,,,.:.. ,• ••... ...• • --...-'• „:' I certify that I•know orhave satisfactory evidence that A wane e 'Pl. Skil in .....: .:-.: ::: ...: :•:' is The person who appeared before me, and said person acknowledged that s':,:•....he signed this iptruinent, on' th•statedthat he was authorized to execute the instrument ancl.•:.tpknoWlecited # as the Ja(4i14 , ' .'":, of Af:Drffled; -.,51110u.. ear . fit .1, Partnership, to be the free and voluntary act of suckpartY for the uses atid.pUrposesinghtiOned in this instrument. Dated Fekyag .''6 .100 '•'.• ..j': •-• ''''•j' CITY OF TUpNILAI8VASONGTON: Title: Mayor Attest/Authenticated: DEED OF CONVEYANCE OF PUBLIC IMPROVEMENTS Form approved 2003 :Appi-ovOd As To FOrm: • 2 • .•••,.. • • ' . • Page 3' $TATE...OF WASHINGTON ) ) ss. Catlnty;:bf King ) ... ,,..., On ::`this: ' 1`7 day,; •.:.df � �24!,LC , 2008, before me, the undersigned, a:;Notary Public in and fair the;State of Washington, duly commissioned and personally appeared sword•;:: .:. .: ;. .;: known to me to be tom, Mayor,.;of CITY OF TLIT WILA, the municipal corporation that executed the foregoing instrument, and acknowledged :�`it to be the free and voluntary act of said municipal corporation, for:::the u$es and purpd:Ses,ment oned in this:: instrument, and on oath stated that he was authorized tv execute said` instrument: WITNESS my hand and official•seal iereto affixed the.day and year above written. dig-N& print name N ° ..T/ RY. PU&te in and for the Sfate of Wastiington,.sesiding at ed-144 4 Le _ise k.3 /Z 9// �•,...,: DEED OF CONVEYANCE OF PUBLIC IMPROVEMENTS Form approved 2003 • EXHIBIT 'A' LEGAL DESCRIPTION OF PROPERTY •. .1. .. .• • ..• ••• Lots 8 through13, Block3, Riverton-Rept of Lots 1 10 5, Fostoria Garden Tracts, according to the plat re:Corded:In Volume 13 of Plats, page 40, and over, under and across Vacated 43rd Avenue South adjblaing, Ord:Plape *01th actipining, and 44th Place South adjoining; EXCEPT Primary Slide Sigitivay WI:OR-590 by Superior Court Cause No. 618285. ... •• .• • , , *':••• .0 • . • • • LEGALDESCRIPT'ION • • •• • • • 1.• •• • ••. STORMPROAPEEASEMg. . . • . , A strip of land, 10 feet in width, over under ad across LOt:40,01or.( 3 Riverton Replat of Lots 1 to 5. Fostoria Garden Tracts, accordInglolhif.plat:recorded in,Volcirne;43sof,plats, page 40, and over, under and across Vacated 43rd Avenua. SoUth-adjoining and 43rd Place South adjOining, • 5.00 feetof stith.width lying on each side of thelpllowinkites.Crtbed • ...•• COMMENCING at the most Northerly corner of said Lot 19;;; THENCE SiSith 41°:. 54 45" West, 40.06 feet along the NOrtttiveSterly•Iiiike said ldt Win angle T...IENCE'South 01!I 3T 45' East, • .1.00 feat along the West line of aa.id lotto the :OWE' POINT OF BEGINNING.of herein described centerline; •• • •• •THENCE Mirth 44° 28'.66".•West, 25.88 feet; .,'THENCE,douth.:44° 28' 68° East, 128.44 feet to the Northerly margin of South. 132nd Street and the teninus. •• . . • . . The sidelines of said easement shall bliahortened or lengthened as necessary as to Intersect said North margin and a firitithicti passes through the terminus at a bearing of North 45° 31' 02" East. • ••••••• • • • • . . • . DEED OF CONVEYANCE OF PUBLIC IMPROVEMENTS Form approved 2003 •//:///,,XV., \kw, /1,,„„\\„„s„,„.„,„,„,„„„„„„o` EXHIBIT'S' DEPICTION OF PUBLIC IMPROVEMENT AREA DEED OF CONVEYANCE OF PUBLIC IMPROVEMENTS •Page 6 Of 6 Form approved 2003 o 4 • Environmental Checklist WAC 197 -11 -960 Environmental Checklist Purpose of Checklist: The State Environmental Policy Act (SEPA), chapter 43.21 RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help the agency, citizens, and other reviewers identify impacts from the proposal, to possibly reduce or avoid impacts from the proposal, and to help the agency decide whether an EIS is required. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of Proposed Project: Southgate Stormwater Pipe Maintenance 2. Name of Applicant: City of Tukwila, Public Works Department 3. Address and phone number of applicant and contact person: 6300 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -0179 Contact: Brandon J. Miles, Senior Planner 4. Date checklist prepared: July 22, 2009 5. Agency requesting checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): August and September of 2009. 7. Plans for future additions, expansion or further activity related to or connected with this proposal: At this time none, however if the project reveals a deviancy in the stormwater pipe the pipe may need to be replaced in the future. Any future work will require separate environmental review. 8. Environmental information that has been prepared, or will be prepared, directly related to this proposal: None anticipated. 9. Applications that are pending for governmental approval of other proposals directly affecting the property covered by the proposal: None at this time. 10. List of governmental approvals or permits that will be needed for the proposal: Hydraulic Project Approval (HPA) from Washington State Department of Fish and Wildlife. 11. Brief, complete description of the proposal, including the proposed uses and the size of the project and site: The City of Tukwila's Public Works Department is proposing a stormwater maintenance project for 240 feet of pipe located under S 132nd Street and S. 131st Street. The pipe conveys water from the Southgate Creek, a type II stream. The project will involve constructing two temporary dams north and south of the pipe. The dams are necessary to prevent water and possibly fish from entering the pipe while the City is performing its maintenance operations. Water that remains in the pipe, after the temporary dams are installed, will be pumped and discharged downstream. Once the temporary dams are in place, City crews will remove any dirt and other materials that may have accumulated in the pipe. Once all debris has been removed, City staff will TV the line to inspect the condition of the pipe. The construction may occur over about two weeks; however the temporary dams will be removed nightly. 12. Location of the proposal, including the street address, if any, and section, township and range, if known; a legal description, site plan, vicinity map and topographic map, if reasonably available: The property is generally located along S. 131st Street and 44th Ave S (See Attached Aerial Map). B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (underline one): A geotechnical report was completed in the vicinity in 1979 and provides information on the types of soils found in the area. The 1979 Geotechnical Report indicates that test borings on an adjacent site showed alternating soft to very soft silt and peat layers in various thicknesses in the upper 12 feet. Very loose to firm layers of silty sands underlie the silt and peat to a depth of 20 to 30 feet. The 1979 Geotechnical Report found the water table was at a depth of five feet below the ground surface. b. What is the steepest slope on the site (approximate slope percentage)? The stormwater pipe has a slight grade from southwest to northeast. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? Specify the classification of agricultural soils and note any prime farmland. Silty sand, silt and peat. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None known 2 r J e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. As noted, the pipe maintenance requires the construction of two temporary dams located north and south of the existing pipe. In order to install temporary dam "A ", the outfall from the pipe will need to dug up by hand to remove accumulated sediment. f. Could erosion occur as a result of clearing, construction or use? If so, generally describe. During construction the City will implement BMPs to prevent erosion during the maintenance work. g. About what percentage of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? There will be no change in the impervious coverage on the site. h. Proposed measures to reduce or control erosion or other impacts to the earth, if any. Compliance with best management practices. 2. AIR a. What types of emissions to the air would result from the proposal (i.e. dust. Automobile, odors, industrial wood smoke) during construction and when the project is completed? Generally describe and give approximate quantities, if known. Construction equipment will discharge exhaust fumes during construction. These fumes will be minimal and will only be associated construction. No emissions to the air will occur after the maintenance project is complete. b. Are there any off -site sources of emissions or odors that may affect your proposal? If so, generally describe. None c. Proposed measures to reduce or control emissions or other impacts to the air, if any: None needed, equipment will comply with emission requirements for vehicles. 3. WATER a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site, including year -round and seasonal streams, saltwater, lakes, ponds, wetlands? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes, Southgate Creek is located within the project area. This portion of Southgate Creek is considered a type II stream (salmon bearing). The proposed project involves maintenance of an existing stormwater pipe which conveys Southgate creek. Southgate Creek is in an open ditch on the south side of S. 132nd Street, it then goes through the pipe underneath S. 132nd Street and an adjacent parking lot before day lighting 240 feet north from where it was piped. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes, the City will construct two temporary dams within the river during the maintenance activity. The dams will be removed every evening after the days maintenance activities are completed. The attached photos show the approximant location of the two dams. Sandbags will be used for the dams. 3) Estimate the amount of dredge and fill material that would be removed from or placed in surface water or wetlands, and indicate the area of the site that would be affected. Indicate the source of fill material. No fill will be placed within any stream, wetland, or associated buffers. The material removed from the pipe will be taken to an approved receiving facility. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities, if known. The maintenance activity will occur during August/September which is a low flow period for Southgate Creek. Should there be a significant water flow during the construction, which is unlikely; the water will be diverted to a high flow bypass. After the two temporary dams are installed the City the water in the pipe will be pumped out and discharged downstream from the pipe's location. 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. No, the project does no lie within a 100 -year flood plain. The area is subject to seasonal flooding. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. The project does not involve any discharges of water materials into surface waters. b. Ground 1) Will ground water be withdrawn or will water be discharged to ground water? Give general description, purpose and approximate quantities, if known. N/A to the proposed project. 2) Describe any waste material that will be discharged into the ground from septic tanks or other sources (e. g., domestic sewage, industrial, agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served, or the number of animals or humans the system(s) are expected to serve. There will be no materials discharged into the ground from any sources as a result of this maintenance project. c. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method(s) of collection and disposal, if any (include quantities, if known). Will this runoff water be discharged or flow into surface waters or ground water? If so, describe. No new imperious surfaces is proposed with this project. The existing draining pattern in the area will remain in its current state. 2) Could waste materials or toxic materials enter ground or surface waters during or as a result of this proposal? If yes, generally describe. 4 The only possible waste materials or toxic materials that could enter ground or surface waters would be gasoline or other materials used during the maintenance activity. Once the project is complete there would be no waste or toxic materials entering ground or surface waters. d. Proposed measures to reduce or control surface, ground and runoff water impacts, if any: Compliance with proper spill procedures should there be a fuel or chemical spill during construction. 4. PLANTS a. Underline types of vegetation found on the site: Vegetation found on the site includes: Near Dam Location "A" Near Dam Location "B" Cattails One Alder Tree Rush Native Ferns Weed Canary Grass Weed Canary Grass Water Parsley Butter Cups Several Alder Trees Blackberries Buttercups Buttercups Vine weed (morning glory) b. What kind and amount of vegetation will be removed or altered? No vegetation is proposed to be removed or altered. However, it is possible that the vegetation could be impacted inadvertently during construction. During construction silt fences will be used to protect the alder trees. c. List threatened or endangered species or critical habitat known to be on or near the site: There are no known threatened or endangered plant species located near the project area. d. Proposed landscaping, use of native plants or other measures to preserve or enhance vegetation on the site, if any: Native grasses will be used to reseed the area where the temporary dams were constructed. 5. ANIMALS a. Underline any birds and animals that have been observed on or near the site, or are known to be on or near the site: Songbirds, small mammals and salmon are known to be present in the project area. b. List any threatened or endangered species or critical habitat known to be on or near the site. As noted, Southgate Creek is a type II stream and salmon are known to be present in the stream. c. Is the site part of a migration route? If so, describe. 5 Yes, salmon species are located in Southgate creek. d. Proposed measures to preserve or enhance wildlife, if any. The work will be preformed by September 15, 2009 which should provide an adequate fish window to complete the work before the presence of salmon and other fish. The two dams will be removed nightly which will allow the creek to resume its normal path. The City will also secure Hydraulic Project Approval from Fish and Wildlife for working within the stream. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None are needed for the project. b. Would the project affect the use (potential or actual) of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans for this proposal? List any other proposed measures to reduce or control energy impacts, if any. None are needed. 6 L 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals or hazardous wastes, risk of explosion or fire that could occur as a result of this proposal? If so, describe. None 1) Describe special emergency services that might be required. None 2) Proposed measures to reduce or control environmental health hazards, if any: None anticipated to be needed. b. Noise 1) What types of noise exist in the area which may affect the project (e.g., traffic, heavy equipment, operation, industrial, other)? The project is a brief City maintenance project and surrounding noise will have no affect. 2) What types and levels of noise would be created by, or associated with the project, on a short-term or a long -term basis (for example, traffic, construction, operation, other)? State what hours noise would come from the site. The only noise associated with project is short term construction noise. The project should not last more than a week. The project will be required to comply with the City's Noise regulations which limits construction hours to certain times of the day. 3) Proposed measures to reduce or control noise impacts, if any: Compliance with City noise regulations. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The project site consists of right of way and a parking area used by an adjacent commercial /light industrial building b. Has the site been used for agriculture? If so, describe. No c. Describe any structures on the site. No structures on site. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? Commercial/ Light Industrial (C /LI) f. What is the current comprehensive plan designation of the site? Commercial /Light Industrial (C /LI) g. What is the current shoreline master program designation of the site, if any? The project area is not within the shoreline overlay zone. h. Has any part of the site been classified as an environmentally critical area sensitive area? If so, specify. Yes, the project will involve work with a type 11 stream. i. Approximately how many people would reside or work in the completed project? None j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any. N/A I. Proposed measures to ensure the project is compatible with existing and projected land uses and plans in the area. The applicant is required to get a special permission application from the City for the work within the stream buffer. Additionally, the applicant is required to obtain an HPA permit from the Washington State Department of Fish and Wildlife. 9. HOUSING a. Approximately how many housing units would the project provide, if any? Indicate whether high, middle or low income housing. N/A b. Approximately how many housing units would be eliminated, if any? Indicate whether high, middle or low income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: N/A 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N/A 8 b. What views in the immediate vicinity would be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any: N/A 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A c. What existing off -site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any. N/A 12. RECREATION a. What designated or informal recreational opportunities are in the immediate vicinity? The Tukwila Community Center is located on the north side of Interurban Ave S. A small unnamed pocket park is located on the south side of S. 134th Street. b. Would the project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation including any recreational opportunities to be provided by the project or applicant. N/A 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any sites, structures or objects listed on, or proposed for national, state or local preservation registers known to be on or near to the site? If so, generally describe. None b. Generally describe any landmarks or evidence of historical, archaeological, scientific or cultural artifacts of importance known to be on or near the site. None c. Proposed measures to reduce or control impacts, if any. 9 None needed, the project will not require any cut or fill that might reveal any types of historical or cultural artifacts. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The project site is served by S. 132nd Street. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, mass transit is available on Interurban Ave S. c. How many parking spaces would the completed project have? How many would the project eliminate? None. d. Will the proposal require any new roads, streets or improvements to existing roads or streets (not including driveways)? If so, generally describe, and indicate whether public or private. No. e. Will the project use (or be in the immediate vicinity of) water, rail or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated as a result of the project? Indicate when peak traffic would occur, if known. The only trips will be those associated when the maintenance activities are taking place. The number of trips will be minor and will be occur in the morning and evening. Once the project is complete, no trips will be generated. g. Proposed measures to reduce or control transportation impacts, if any. None needed. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (e.g., fire and police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. N/A 16. UTILITIES 10 a. Underline utilities currently available at the site: electricity, natural gas, water, telephone, refuse service, sanitary sewer, septic system, other. The site is served by all required utilities. b. What utility service will be needed by the project? Who (which utility) will provide the service, and what utility construction will be required on or in the immediate vicinity of the site? None will be needed. C. SIGNATURE The above answers are true - • elete to the best of my knowledge. I understand that the lead agency is relying- url�them ke its decision. Signature: Date submitted:1 ! I 11 Proposed Pip o to D. ol Temporary 0,3rp Looation "Er'' Project Area 111111111•1111111M111111111111 152 ft CityGIS N Copyright 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved e>rept as licensed by Digital Map Products.