Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Permit 74-65-SMP - NIELSEN JACOB - RIVERVIEW FARMS SHORELINE SUBSTANTIAL DEVELOPMENT
74-65-smp 1602 monster road jacob nielsen riverview farms SHORELINE SUBSTANTIAL DEVELOPMENT SHORELINE SUBSTANTIAL Development shall be undertaken pursuant to the following terms and con- ditions: 1. The issuance as license under the Shoreline Management Act of 1971 shall not. release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shore= line Management Act of 1971 in the event the permittee fails to comply with any condition hereof. 3. A construction permit shall not be issued until forty -five (45) days after approval by,the City of Tukwila Planning Department or until any review proceedings initiated within this 45 day review period have been completed. 4. Pursuant to Section 14, Chapter 286, Laws of 1971 Extra Session, the City of Tukwila has taken the following actions: V A. APPROVED - Permit #73 -09 B. DENIED C. REASONS: CITY OF TUKWILA, WASHINGTON PERMIT SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT D. CONDITIONS: #1. Subject to compliance with all stipulations as set forth within Department of Ecology Per- mit #1- 1535 -2, dated 2 April 1973, or as may be later amended by that agency. #2. Approval of this permit does not relieve per - mittee from compliance with any other Federal, State or local regulations. 5. Planning Coordinator r Date 1974 City of Tukwila Planning Dept. 3 -72 Frank Todd, Mayor CITY or TUKWILA 6230 SOUTHCENT ER BLVD. TU KWI LA, WASHINGTON 98067 PLANNING DEPARTMENT Mr. Joseph R. Matsen 117 Washington Building Seattle, Washington 98101 • s;I • RE: Shoreline Management Permit #73 -09 Mr. Jacob Nielsen Dear Mr. Matsen: The City of Tukwila has approved your client's application for a Shoreline Management Permit in accordance with Section II of the Shoreline Management Act of 1971. Please note the conditions required by the permit granted at this level. Also, note the copies of the forwarding letters. As you are probably aware, the Department of Ecology and Attorney General's Office are required to hold the permit for a forty -five (45) day review period. At the end of that review period, the Department of Ecology will either issue the permit granted by this jurisdiction or appeal our decision. In either case, it must be noted that the Shoreline Manage- ment Act of 1971 prohibits commencement of that action for which the permit was granted until the required review periods have been completed. Please extend our appreciation to Mr. Nielsen for allowing those charged with certain responsibilities to the general public to carry out their duties for that expressed purpose. GC /lt Encl: 1. Permit #73 -09 2. Ltr, DOE 3. Ltr, SAG Sincerely, Gary Crutchfield Planning Technician 5 February 1974 Gentlemen: GC /lt Encl: as cc: SAG Appl Frank Todd, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWI LA, WASHINGTON 98067 PLANNING DEPARTMENT Department of Ecology Northwest Regional Office Shoreline Management Permits 15345 N.E. 36th Street Redmond, Washington 98052 Enclosed for your review, in accordance with the Shoreline Management Act of 1971, is Shoreline Management Substantial Development Permit #73 -09 and the duly advertised applica- tion for said permit. Also enclosed, please find a copy of the State Flood Control Zone Permit #1- 1535 -2, dated 2 April 1974, as well as two (2) letters from the applicant's attorney. Please note the conditions required by the permit granted by this jurisdiction. Any amendments to the referenced State Flood Permit #1- 1535 -2 agreed to by the State Department of Ecology will be considered appropriate by this jurisdiction. The Shoreline Management Permit was granted in accordance with Section II of the Shoreline Management Act of•1971. . Only upon receipt of proper notification will the appli- cant be notified and allowed.to commence that action for which the permit was granted. Sincerely, Richard B. Hansen Acting Planning Coordinator 5 February 1974 Frank Todd, Mayor CITY OF TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT State Attorney General Shoreline Management Permits Temple of Justice Olympia, Washington 98504 Gentlemen: Enclosed for your review, in accordance with the Shoreline Management Substantial Development Permit #73 -09 and the duly advertised application for said permit. Also enclosed, please find a copy of State Flood Control Zone Permit #1- 1535 -2, dated 2 April 1973, as well as two (2) letters from the applicant's attorney. Moreover, please note the enclosed copy of the forwarding letter to Department of Ecology. This Shoreline Management Permit was granted in accordance with Section II of the Shoreline Management Act of 1971. Only upon proper notification.will the applicant be notified and allowed to commence that action for which the permit was granted. GC /lt Encl: as cc: DOE Appl Sincerely, Richard B. Hansen Acting Planning Coordinator 5 February 1974 . - 8, P , tjo: 1419 —OS —(Rev. 11 - 71). Permit is granted under provisions of Ch. 86.16 RCW, this to Jacob Neilson to construct and maintain for the period , 19 to Flood Control Zone No 2 Landfill STATE OF WASHINGTON DEPARTMENT • OF ECOLOGY OLYMPIA, WASHINGTON; 2 (Name of applicant) 1602 Monster Road S.W., Renton, Washington 98055 (Address) (Description of works) L2 day of Ale with tha lepart:-daM Of tiloplagy, whloh oopiloation, with Pitllte attaohod, try 111440 a pRot hereof, The work herein authorized may commence on or before the and shall be completed on or before the 12 day of ' April may be specified by any extensions granted. ** This permit is to the conditions printed on the reverse hereof. day of APrii, Given under my h ad and official seal the day and year first a / writ cc: Thomas E. 'Sprague, Seattle R. Jerry, o Delbert Moss, City of Tukwila Office •f Operat King County, Div. of Hydraulics eERMIT NO 1- 1535 -2 April 19 or •° in perpetuity in W � Section 24 Township .. 23 N. Range 4 E • W.M. • on Green River which said works, structures and improvements are located within (Name of stream or flood plain affected) Green 19 73 , all in accordance with Application No 3 4 8 • and plans attached, thereto on 19 73 19 75 , or before such dates as n. llen, A,ss stant Director 'THIS PERMIT is subject to the following conditions, which are hereby accepted and agreed to by the permittee. I. This permit is granted under authority of Chapter 159, Session Laws of 1935. (Ch, 86.16 RCW.) 2. No property rights are granted herein, nor does this permit absolve permittee from liability for any damages which may be suffered to life or to property, public or private, by reason of works, structures and improvements authorized hereunder. 3. This permit does not obviate the necessity of obtaining assent of the Federal Government in case of United States navigable waters. 4. The permittee shall remove, at his own expense, all falseworks, structures and materials incident to the construction of the work herein authorized. Works and structures erected under permit covering a specific period of time shall be removed by the permittee at his own expense upon the expiration of said period or at the expiration of any extension of time which may be granted. 5. Should permittee fail to remove, at the proper time, materials, works and structures referred to under paragraph 4, the Director reserves the right to have it done at the expense of the permittee, 6. Any alteration of plans for works and structures made subsequent to the filing of application pr the issuance of permit shall be subject to approval by the Director, 7. The Director shall be notified by the permittee of the completion of works under this permit in order that he may make final inspection and give final approval, 8. This permit is subject to further special conditions . as follows; . ' -. The proposed levee along the Green River shall be constructed prior to placing landfill behind it. The minimum back slope for this proposed levee should be 2:1. 2. The fill material for the levee to be located along the Green River shall be compacted to 95 percent of the maximum density as determined by the compaction control test specified in Section 2 -03.3 (14)D of the 1972 Washington State Department of Highway Standard Specifications. Material that has already been placed along the riverbank shall be removed and compacted as stated above. 3. The applicant shall be required to stabilize this proposed levee with rock riprap and not concrete riprap. Experience has shown that concrete riprap is not adequate for bank stabilization. 4. This permit does not authorize the placement of any structure upon the fill site. The applicant specifies on his plans that he proposes to fill to a maximum elevation of 22 feet (MSL). This would be 2.2 feet below the water surface elevation for the Green River in this area for a flow of 12,000 CFS as recorded at Auburn. The U.S. Army Corps of Engineers is authorized to release a maximum flow of 12,000 CFS from Howard Hansen Dam. Therefore, the applicant is informed of this, as he may wish to ultimately build upon this fill site, any such structure would require another application. 5. "Nothing in this permit shall be construed as excusing the permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations including those. administered by'local agencies under the Shore- line Management Act of 1971." 9. This permit is accepted subject to provision' of law and regulations and conditions herein prescribed. /. � ` .f � , � Alortnittusl By 4 LICENSED CIVIL ENGINEER Mr. Joseph Matsen, Jr. . Matson, Cory, Matsen & Sprague Washington Building Seattle, 98101 Dear Joe: LEONARD I. SCHROETER 15622 MAPLEWILD AVENUE S.W. SEATTLE, WASHINGTON 98166 Telephone: CHerry 2.6621 December 12, 1974 This is to report that on Dec. 2nd of 1974 I inspected the Riverview Farms property in Tukwila to see what had been done to provide river bank protection in connection with the fill that the property owner, Mr. Jacob Nielsen, has been placing on his property between the Green River and the Charles Monster Road. Beginning at the east end of his property, where it adjoins the Milwaukee Railroad R/W and where the river makes a 90 turn to the north north west, Mr. Nielsen has laid down what appears to be an effective cover of angular rock, running from 8" to 12" in diameter. This material was, I am told, discharged from dump trucks backed up to the top of the river band and was allow- ed to roll freely down the bank forming a uniform coveriwhich appeared to be at least two feet thick. The river bottom next to the bank is quite flat, and this apparently served as an effective brake for the rocks as they tumbled down the bank. The length of bank protected in this way is about 200 feet. Upstream of this rip - rapped section, I found a stretch of bank approximately 360 feet long which had no cover as such. The original bank had been about 6 feet high, and on top of this had been placed a fill consisting of broken masonry, rocks and pit -run dirt about 12 feet deep. The new bank slopes at about a ratio of lw' horizontal to l' vertical. Light vegetation . covers much of this section, and I saw no evidence of earth slippage or water scouring. I was unable to tell for sure wheth -' er the river has yet risen high enough to contact the new fill. 125 feet up stream, to the end of the fill area, the bank was almost covered with massive pieces of masonry, possibly taken from an old bridge or old transmission tower base. Though these pieces were located in random fashion, and did not interlock with each other on the surface, if they are an indication of the material lying within the body of the fill, then this section would appear to be amply supported. AND LAND SURVEYOR LS /pbs Very truly yours, Observation of the flow characteristics of the river opposite Mr. Nielsen's property indicated to me that his land lies in a very favorable area where damage from high water could be expected to be minimal. As the river approaches his property from the southwest, it is moving through a curve which causes the main current to move to the left side of the channel, while the right side, (Mr. Nielsen's side), being on the inside of the curve, carries the slower moving water. As the channel straightens outgoing downstream, the current might be expected to rebound to the right side, but the sharp turn at the east end of Mr. Nielsen's property effectively prevents this from happening. The water in the outside elbow of this turn was stationery on the day observed it, and was forcing the main current to continue along the left side of the channels the channel turned to go north north west parallel to the Railroad R /W. If high water during the next few months gets up into the fill area and causes some earth settlement because of inadequate compaction during the fill operation, it should be fairly simple for Mr. Nielsen to effect repairs back from the river bank. Under the conditions that exist, it is possible that the bank protection he has provided is suffic- ient, but prudence would indicate that he should complete the job by placing the same type and amount of rip -rap on the 360' length of unprotected bank that he has used on the easterly 200'. eonard I. Schroeter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 COPY RE�+'E.Q D I•%Iij 7 1915 PATSEN, CCU, MATSEN & SPBASt IN THE MATTER OF A SUBSTANTIAL DEVELOPMENT PERMIT ISSUED BY THE CITY OF TUKWILA TO JACOB NIELSEN • STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY and ) SLADE GORTON, ATTORNEY GENERAL, ) ) ) ) v. ) ) CITY OF TUKWILA and JACOB ) NIELSEN, ) ) ) S. F. No. 9928- 0S -8 -67. • BEFORE THE SHORELINES HEARINGS BOARD STATE OF WASHINGTON Appellants, Respondents. "The parties will engage in settlement negotiations and compromise. If the case is not thus settled to the satisfaction of all parties thereto by January 10, 1975, this Board will dismiss the request for review on receiving such a motion from appellants." ORDER DISMISSING REQUEST FOR REVIEW This Board having heretofore entered its Amended Report and Order on Pre -Trial Hearing Conference dated November 22, 1974 providing in part as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 • 16 17 18 19 20 21 22 23 24 25 26 27 that: S. F. No. 9928 -A- That by agreement of the parties the January l0, 1975'date was extended to January 31, 1975. That parties have now reached compromise and settlement as indicated by their joint submission of a stipulated order, which order includes the following terms: 1. That said flood plain permit number 1- 1535 -2 issued by the Washington State Department of Ecology dated April 2, 1973 is amended whereby the permittee, Jacob Nielsen, shall place additional riprap under the proposal of Leonard I. Shroeter, dated December 12, 1974 proposing additional riprap in the approximate length of 360 feet on the bank in question upstream from riprap approximately 200 feet in length previously placed by said permittee. 2. The above - numbered paragraph shall now be substituted for the . first three typewritten paragraphs in said permit on page two thereof. 3. That the Shoreline Management Substantial Development Permit regarding'this project is amended to conform to the amended flood plain permit herein involved. 4. The request for review by appellants herein should now be dismissed. BASED UPON the above - stipulated settlement, IT IS HEREBY. ORDERED 1. Said flood plain permit number 1- 1535 -2 issued by the Washington State Department of Ecology dated April 2, 1973 is amended whereby the permittee, Jacob Nielsen, shall place additional riprap under the proposal of Leonard I. Shroeter, dated December 12, 1974 proposing additional riprap in the approximate length of 360 feet on ORDER DISMISSING REQUEST FOR REVIEW 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . 16 17 18 19 20 21 22 23 24 25 26 27 the bank in question upstream from riprap approximately 200 feet in length previously placed by said permittee. 2. The above- numbered paragraph shall now be substituted for the first three typewritten paragraphs in said permit on page two thereof. 3. That the Shoreline Management Substantial Development Permit regarding this project . is amended to conform to amended flood plain permit herein involved. 4. The request for review by appellants herein is hereby dismissed. S. F. No. 9928 -A. DONE at Lacey, Washington this ( ORDER DISMISSING REQUEST FOR REVIEW SHORELINES HEARINGS BOARD • • day of CHRIS SMITH, Chairman e- RO BEBT4 PH" A. BESWICK, Member 4j 4,. F C a * ..1.4 W. A. GISSBERG; Member F: ROBERT F. HINTZ, `ylugtilzb , 1975, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CERTIFICATION OF MAILING I, Dolories Osland, certify that I deposited in the United States mail, copies of the foregoing document on the ( lid day of , 1975, to each of the following -named parties, at the last known post office addresses, with the proper postage affixed to the respective envelopes: S. F. No. 9928 -A- Mr. Joseph R. Matsen Matsen, Cory, Matsen & Sprague 1117 Washington Building Seattle, Washington 98101 Mr. Wayne Parker, Jr. Attorney for City of Tukwila Puget Sound National Bank Building Midway, Washington 98031 Mr. Robert V. Jensen Assistant Attorney General Department of Ecology St. Martin's College Olympia, Washington Mr. Bob Stevens Department of Ecology St. Martin's College Olympia, Washington 98504 ORDER DISMISSING REQUEST FOR REVIEW 4 Cpl' ?A DOLORIES OSLAND, Clerk of the SHORELINES HEARINGS BOARD' BEFORE THE SHORELINES HEARINGS BOARD STATE OF WASHINGTON vs. ) ) CITY OF TUKWILA and JACOB ) •• NIELSEN,. • • ) ) Respondents. ) ) IN THE MATTER OF A SUBSTANTIAL ) DEVELOPMENT PERMIT ISSUED BY ) SHB THE CITY OF TUKWILA TO JACOB• ) NO. 131 NIELSEN ) ) STATE OF WASHINGTON, ) SECOND ORDER ON PRE - DEPARTMENT OF ECOLOGY and ) HEARING CONFERENCE SLADE GORTON, ATTORNEY. GENERAL, ) ) Appellants ) ) ) This Board having heretofore . entered its Amended Report and Order on Pre -Trial Hearing Conference dated November 22, 1974 providing in part as follows: "The parties will engage in settlement negotia- tions and compromise. If the case is not thus settled to the_ satisfaction of all panties thereto' • YR. .) C -2- by January 10, 1975,, this. Board will dismissthe request for review on receiving such a motion from • appellants." That by agreement of the parties the January 10, 1975 date was extended to January 31, 1975. That parties have now reached compromise and settle- ment as indicated by the signatures of their representatives below and such settlement including the following terms: 1. That said flood plain permit number 1-1535-2 issued by, the Washington Department of Ecology dated April. 2, 1973 is amended whereby the permittee, Jacob Nielsen, shall place additional rip rap under the proposal of Leonard I. Shroeter, dated December 12, 1974 proposing additional rip rap in the approximate length of 360 feet on the bank in question upstream. from rip rap approximately 200 feet in length pre- viously placed by said permittee. 2. The above-numbered paragraph shall now be substi tuted for the first three type-written paragraphs in said per- mit on loge two thereof. 3. That the Shoreline Management Substantial De- velopment Permit regarding this project is amended to conform to the amended flood plain permit herein involved. that: 1975. - 3- 4. The request for review by appellants herein should now be dismissed. BASED UPON the above settlement, IT IS HEREBY ORDERED 1. Said flood plain permit number 1- 1535 -2 issued by the Washington Department of Ecology dated April 2, 1973 is amended whereby the permittee, Jacob Nielsen, shall place additional rip rap under the proposal of Leonard I. Shroeter, dated December 12, 1974 proposing additional rip rap . in the approximate length of 360 feet on the bank in question upstream from rip rap approximately 200 feet in length pre- viously placed by said permittee. 2. The above- numbered paragraph shall now be substi- tuted for the first three typewritten paragraphs in said per- mit on page two thereof. 3. That the Shoreline Management Substantial De- velopment Permit regarding this project is amended to conform to the amended flood plain permit herein involved. 4. The request for review by appellants herein hereby dismissed. DONE at Lacey, Washington, this day of SHORELINES HEARINGS BOARD CHRIS SMITH, Chairman WALT WOODWARD, Member W. A. GISSBERG, Member ROBERT E. BEATY, Me er ROBERT F. HINT?, Me. er RALPH BESWICK, Member Form of Settlement and Order Approved and Notice of Presentation Waived: 2 / IIN P ROBERT JENSEN Assistant At- orney General for Department of Ecology St. Martin's College . Olympia, Washington 9.8504 JOSE ?H R. MATSEN, of Matson; Cory,. Matsen & Sprague Attorney for Permittee Jacob Nielsen, 1117 Washington Bldg., Seattle, Washington. 98101 WAYNH'PARKER, JR., attorney for City of Tukwila, Puget Sound National Bank Building, Midway, Washington 98031 Frank Todd, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT Dolories Osland, Clerk Shorelines Hearings Board Number One, South Sound Center Lacey, Washington 98504 RE: SHB #131 Department of Ecology and Attorney General vs. City of Tukwila and Jacob Nielsen. Dear Ms. Osland: 18 November 1974 The City of Tukwila offers the following resume of relevant documents which may be offered into evidence at the hearing scheduled for 16 December 1974 to determine the above- refer- enced matter. 1) Letter, from City of Tukwila Officials to Tukwila Munici- pal Court, 28 September 1973, requesting legal action regarding Mr. Jacob Nielsen's initial land fill. Application for Shoreline Management Permit, #73 -09, by Jacob Nielsen, together with: - Legal description of subject property. - Affidavit of. Publication of Notice. - Application Amendment by Jacob Nielsen, dated 16 January 1974. - Department of Ecology Permit #1- 1535 -2, dated 2 April 1973. - City of Tukwila Shoreline Permit #73 -09, dated 5 February 1974. - Letters forwarding Application & Permit to Department of Ecology F, State Attorney General, dated 5 February 1974. - Letter, informing Mr. Matsen of City of Tukwila approval of Application #73 -09, dated 5 February 1974. - Application Drawing, by Leonard Schroeter, dated 20 February 1973. Dolories Osland SHB #131 3) Letter, from Mr. Matsen, 14 January 1974, subject: Application for Shoreline Management Permit #73-09-- ' Jacob Nielsen. 18. November 1974 Page No: 2 Letter, from Mr. Matsen, 16 January 1974, subject: (same as above) 5) Memorandum, City of Tukwila, 25 March 1974, subject: Shoreline Permit - Jacob Nielsen. 7) Letter, carbon copy, from Mr. Joseph R.. Matsen, 28 April 1974, subject: Department of Ecology & Attorney Gen- eral v. City of Tukwila E Jacob Nielsen. GC /sl Letter, carbon copy from Mr. Joseph R. Matsen, 23 April 1974, subject: SHB #131 Jacob Nielsen, City of Tuk- wila, State of Washington. Pla ning T -rcian TR. 8 -4.431 Mr. Gary Kucinski Tukwila Planning Department Tukwila, Wash. Dear Mr. Kucinski: WAYNE R. PARKER ATTORNEY AT LAW PUGET SOUND NATIONAL BANK BUILDING POST OFFICE BOX 3207 MIDWAY, WASHINGTON 98031 October 14, 1974 I have been notified of a pre- hearing conference to be held on Wednesday, November 20, 1974, before the Department of Ecology in Lacey, Washington. The Superior Court trial of Sammamish Commercial Company vs. Tukwila is scheduled for trial on that date, which means that you will have to attend the pre- hearing conference without me. I do not have . a copy of the initial pleadings in this case and ask that you supply me with a copy, together with a resume of any documents that it may be necessary for us to present at the time of the hearing. After this information is gathered, we can then schedule a meeting with you and Gary Crutchfield and Mayor. Todd for the purpose of discussing the evidence to be presented by the City of Tukwila. WRP :bb Very truly yours, PARKER • Lei `..t4,.,,..+. TR. 8.2631 WALT WOODWARD. CNAINNAN SUIT L. COLE, IIL1401 N W. A. OISSDENO, ROSINT P. HINTZ. TRACY J. OWEN, MANY SLUM M MRS. DOLONIES OS Mr. Thomas C. Evans Assistant Attorney General Department of Ecology St. Martin's College Olympia, Washington 98504 Mr. Wayne Parker, Jr. Attorney,City of Tukwila Puget Sound National Bank Bldg. Midway, Washington 98031 To all parties: STATE OF WASHINGTON SHORELINES HEARINGS BOARD NUMRER ONE SOUTH SOUND CENTER TELER 7S$.3051 LACEY, WASHINGTON •111O4 October g, 1974 Yours respectfully, 060/ 0:d a d Dolories Osland DO:lo Clerk Enclosure cc: Jacob Nielsen City of Tukwila Planning Dept. Bob Stevens Dept. of Ecology 45Ep.3 DANIEL J. EVANS Mr. Joseph R. Matsen Matsen, Cory, Matsen & Sprague 1117 Washington Building Seattle, Washington 98101 Re: SHB No. 131 Department of Ecology and Attorney General vs. City of Tukwila and Jacob Nielsen The pre - hearing conference (WAC 461 -08 -120) in this matter will be held in the Board's office, Number One South Sound Center, Lacey, Washington, commencing at a.m. on Wednesday, Nove 20 , 1974. Pertinent portions of the Board's rules relative to pre- hearing . conferences are enclosed. Pursuant to WAC 461 -08 -125, the Board requires that you bring to the conference all documentary evidence which you intend to offer into evidence. Pursuant to RCW 90.58.180, the hearing on the merits in this matter will be held in the hearing room, Board of Industrial Insurance Appeals, 1601 Second Avenue Building, Seattle, Washington, commencing at 9:30 a.m. on Monday, December 16, 1974. The Board will grant no continuances for either the pre- hearing conference or the hearing on the merits except in cases of extreme emergency. Given surficient written notice, the Board will include an tnfo..mai conference (WAC 461 -08 -100), for purposes of seeking a mut, lly acceptable settlement, on the same date and place as the a1: scheduled pre- hearing conference. NEW . NEW W.0 461-03-115 ?REHEARING CONI'! 1u NCE-- PU:t:'or ;i: The :11:::f ono .1: 1 cohenri:hg conference shall be to ebt sin a stlpu- ....tio:h of C.lcts: to show the .o::rd's jurisdiction in the matter; to obLain .hajL'alement as to the issues of l.:.w and fact prenented and the s:i3::plificetion or limitation thereof; to determine the necessity of a:ae ndmen is to the Request for Review or other ple:hifingsu; to determine the possibility of obtaining admissions of fact: and authenticity of documents which will avoid unnecessary • proof; to determine the admissibility of exhibits; to obtain stipulation as to all or part of the facts in the case, to determine the limitation of the number of .witnesses; to obtain information as to the number of expert and lay witnesses expected to be called by the parties and their names when possible; to set the place or places where hearings will be required; to determine the eppro ::imate time necessary for the presentation of the evidence of the respective parties; and to obtain all other information which may aid in the prompt disposition of the cases. W7.0 4G1 -02 -125 DOCUENTARY EVIDENCE. (1) The Board or its presiding officer may require: (a) That all documentary evidence which is to be offered during the taking of evidence be submitted prior to any pre- hearing conference.. The evidence shall be submitted sufficiently in advance of the pfehearing conference to permit study and preparation for the conference. (b) That documentary evidence not submitted in advance, . • as may be required by subsection (1) (a) , be not received in evidence in the absence of a clear showing that the offering party had good cause for his failure to produce the evidence sooner. (c) That the authenticity of all Idocumeats submitted in advance in a proceeding in which such submission is required, be deemed admitted unless written objection thereto is filed . prior to the hearing, except that a party will be permitted to challenge such authenticity at a later time upon a clear showing of gocci cause for failure to have filed such written objection. (2) The presiding officer may, upon findings made on the record, li.:aiz the documentary evidence to that presented at any premearing conference. For good cause shown any party may submit additional documentary evidence at the time of hearing. ..:.0 662.-08-135 FAILURE TO SU2: LY ?REHEARING INFORMATION. is any party .:ails to supply the presiding officer at a pre- hearing conference the information reasonably necessary to aid the Board in properly scheduling hearings, the Board or the presiding officer may suspend setting a hearing pending receipt of the required information, or may refuse to grant such party a continuance of the original hearing, or may otherwise rdStric the time or location of hearing for receipt of such party's evidence. NEW WAC AGREEMENTS AT ?REHEARING CONFERENCES. At the conclusion of a prehear ir.g conference, the presiding G...icer conducting the same shall state for the record the results hereof. The statement shall include the agreements'of the pe tics: concerning issues, admissions, witnesses, time and lc-cation of hearings, the issues remaining to be determined and G:.:.:::. matters that may expedite the subsequent hearing. The ..teme:at of agreement and issues, and rulings of the pre - .-- siding officer, shall control the subsequent course of the pro - -A ceedings unless modified for good cause by subsequent order. r • •.J Eo Li • t�s C.4 • 1. -.� • L.4 • Q1a La C- EO LJA ;a C= L. 8220 Southcantar Tukwila, lAfaah n ,ton AFa7 telephone C La© 3 242 - 2177 • Gentlemen: September 28, 1973 Tukwila Municipal Court 14475 - 59th Ave. So. Tukwila, Washington 98067 The Building, Planning and Public Works Departments wish to file a complaint against Mr. Jacob Nielsen, 1602 Monster Road S. W., Renton, Washington 98055. Mr. Nielsen is in violation of the following laws and /or Ordinances: 1. Uniform Building Code, 1970 Edition, Chapter 70, Sec. 7003 which states: No person shall do any grading without first having obtained a grading permit from the Building Official. Please find enclosed copy of a letter to Mr. Nielsen dated January 4, 1973 which informed Mr. Nielsen of the limitations of the permit he obtained at that time. The letter further advises Mr. Nielsen that, he is not to fill adjacent to the river as that area is subject to a Stop Work Order. That same Stop Work Order has never been lifted by the Building Department. 2. Failure to obtain a Shoreline Management Permit, RCW 90.58. Mr. Nielsen has been informed of this requirement since January. (See enclosed letter) However, though the Planning Department has begun to prepare an application for Mr. Nielsen, he has never sub— mitted the proper information necessary to complete the application and allow the City of Tukwila to take action in the issuance of a permit. 3. Failure to comply with the Environmental Impact Statement requirement, Ord. #759. Mr. Nielsen's project has already greatly impacted the environment by dumping concrete, soil, and animal waste products directly into the river. •............._... ••••wo,.n.......,, MEW Tukwila Municipal Court 4. The trucking firms delivering fill materials to the site for Mr. Nielsen have failed to obtain Heavy Hauling Permits for the City streets involved, per Ord. ##614, TMC 11.16.051. Unduly large amounts of debris and truck traffic are impacting .this road. The undersigned Departments request proper legal action to stop the land fill operation immediately, as well as force Mr. Nielsen to comply with the above laws of Tukwila prior • to returning to his land , fill project. Respectfully submitted. CITY OF TUKWILA (i • •John E. Richards Buil ing,D partment .6// ( / 1 lbert F. go • Planning Department r; .. 1 � 1 C SteIve`n M. Hall, P.E. Public Works Director Page 2 CITY OF TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 Mr. Joseph R. Matsen Matsen, Cory, Matsen & Sprague 1117 Washington Building Seattle, Washington 98101 Dear Mr. Matsen: Frank Todd, Mayor PLANNING DEPARTMENT This letter will acknowledge receipt of a copy of your letter to Mr. Evans of the Department of Ecology, dated 23 April 1974, regarding the progress of. Mr. Nielsen's Shoreline Management Permit. In behalf of the City of Tukwila, our appreciation is extended for keeping us informed as to any prog- ress and certainly hope you will continue to do so. We look forward to an equitable resolution to the problem. Any'assistance the City may provide will gladly be extended upon your request. GC /lt Sincerely, / Gary Crutchfield Planning Technician 26 April 1974 JOSEPH MATSEN CLYDE RAY CORY, JR. JOSEPH R. MATSEN THOMAS E. SPRAGUE JOSEPH D. MURPHY Mr, Thomas C. Evans Assistant Attorney General Department of Ecology St. Martin's College Olympia, Washington 98501 Dear Mr. Evans: m4 TSEn, CORY, m4 TsEn & SPRAGUE ATTORNEYS AT LAW 1117 WASHINGTON BUILDING SEATTLE, WflSH111GT011 98101 April 23,1974 Re: SHB No. 131 Jacob Nielsen -- City of Tukwila -- State of Washington This letter is written to document that the engineer for Jacob Nielsen, namely Leonard Schroeter, met with an engineer from the State Department of Ecology and the King County Engineering Department on some day prior to April 15, 1974, to see if agreement could be reached relating to the existing landfill program, all pursuant to the understanding outlined in my letter of March 28, 1974 addressed to the Clerk of the Shorelines Hearing Board, a copy of which letter went to you. Either the state or the county has re- quested that Mr. Nielsen submit a firm written proposal on the riprap and compacting problem and in that regard Mr. Schroeter has been author- ized to contact experts regarding this work as to alternative proposals and anticipated costs. I will keep you advised as to important developments and trust that this meets with your satisfaction. Yours very truly, MATSEN,CORY,MATSEN.& SPRAGUE JRM:dc B y cc: -Mr. Duane E.Wegner -Mr. Herman H.Huggins,Jr. - Mr.Gary Crutchfield/ - Mr. Wayne Parker,Jr. - Mr.Larry Gibbons,Engineering Dept.King Co. MAIN 3 -4594 AREA CODE 206 5 ;Ine Joseph R. Matsen'• WALT WOODWARD, CNANIMAN DENT L. COLL. MINIICA W. A. SISSSERS. ROSIN! P. HINT:, N TRACY J. OWEN. MARY SLUM 'SEC/OHMIC N MRS. *SLOSHES OSLAND. 01.115 Mr. Thomas C. Evans Assistant Attorney General Department of Ecology St. Martin's College Olympia, Washington 98504 Mr. Wayne Parker Attorney, City of Tukwila P. O. Box 3207 Midway, Washington 98031 Mr. Joseph R. Matsen Matsen, Cory, Matsen & Sprague 1117 Washington Building Seattle, Washington 98101 Gentlemen: STATE OF WASHINGTON SHORELINES HEARINGS BOARD NUMDIR 051 SOUTH SOUND CNNTSR T1LE►NONU 1Sa4oaS LACIY, WASHINGTON •$104 • April 5, 1974 Re: SHB No. 131 Department of Ecology and Attorney General vs. City of Tukwila and Jacob Nielsen The hearing in this matter will be held in the Board's office, Number One South Sound Center, Lacey, Washington, commencing at 10:00 a.m. on Friday, July 19, 1974. The Board will grant no continuances except in cases of extreme emergency. Given sufficient written notice, the Board will schedule either an informal conference, for the purpose of seeking a mutually - acceptable settlement, or a pre - hearing conference (WAC 1 •08 - 430, for clarifying issues), or both, prior to the above hearing date. A map, showing how to reach the Board's office, is enclosed. DO:lb Enclosure cc: Jacob Nielsen City of Tukwila Planning Dept. Yours respectfully, �'A,Q.o�dV4I Dolories Osland Clerk Bob Stevens Dept. of Ecology 4 t SAWI L J, SUMS NTSSNN 1 pou..UTioN C6NT I OL NEARIAIGS 13oi SHOREUAIES HEARINGS C3O/4RD (NeT PRAWN To SCALE) 'how •'No reach ofS4e3 44" maim? NAATMOovN1 MSM •LVMI• ;1'.•„w li w • w ems` Onn D alf7RlliC'e`•!�"c.,^CTi1R� CY J:. "rdi LAVE FZETJAY AT ' op.r i SOVAID BLVD.- BLEAT • • O , E ,• Ry EXIT $ouTH SoUNO crNra (owes AMP MRKIOS) BOARD OFFICES No. ONE SOUTH SOUND CENTtR, LAer'Y, WASH INGTON TURN LEFT AT AND TRAFFIC LIGHT i'PAI /It L1SNr /TURN RIGHT TO PARKING AREA 841451/1 V \_ _ se rY &ARSE "FIRW$Tbis JIM FRCCWAV /. , r M•r" Mme•. Rrw del lT+c1 �.::i Y'. �Y'• • • i,.. I,� �J e t • A a • • LACEY Gall' TURN RIGHT STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office 15345 N.L. 36th Street Redmond, Washington 98052 Telephone 885 -1900 April 4, 1973 Mr. Jacob Neilson 1602 Monster Road S.W. Renton, Washington 98055 Dear Mr. Neilson: We are enclosing the . original and one of flood Control Zone Permit - 1o. 1- 1535 -2 for the purpose of a landfill. Please sign both copies on the:reverse.side as permittee; retain the on ginal and return the copy to this department. The permit does not become effective until said copy is received. You should also be advised that a permit may be required for your proposed project under the Shoreline Management Act of 1971, Chapter 286, Laws of 1971 Ex. Sees., before construction may proceed. That act provides that no substantial development shall be undertaken on shorelines of the elate without a permit first being obtained. If you have not already done so, you may obtain application forms and further information about the Shore- line Management Act of 1971 from King County. The enclosed permit should not be considerad a permit under the Shoreline Management Act of 1971. Sincerely, Roy C. Bishop Resources Management RCB:11 Enclosures cc: Thomas -L. Sprague, Seattle j . 1bert Moss, City of Tukwila King County, Div. of Hydraulics 1 '. Z11Tor4419-0S--(Rev. 11-71). • • STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OLYMPIA, WASHINGTON Permit is granted under pr 2 A of Ch. 86.16 RCW, this day of to Jacob Neilson (Name of applicant) 1602 Monster Road S.W., Renton, Washington 98055 (Address) to construct and maintain Landfill (Description of works) fcr the period 19 to , 19 or .n perpetuity W1/2 24 - in Section Township ' 23 N. Range 4 E. W.M. Green River on , which said works, structures and improvements are located within (Name of stream or flood plain affected) Flood Control Zone No 2 file with the Department of Ecology, which application, with plans attached, is made a part hereof. The work herein authorized may commence on or before the 12 . • and shall be completed on or before the 12 day of April may be specified by any extensions granted. ** This permit is subject to the conditions printed on the reverse hereof. .1‘ Given under my hand and official seal the day and year first CC: Thomas E. Sprague, Seattle Delbert Moss, City of Tukwila King County, Div. of Hydraulics PERMIT NO 1-15 Green , all in accordance with Application No 348 and plans attached . thereto on day of April • ' • u) 73 , 19 75 or before such dates as R. Jerrr ollen, sistant Director Office of Operat s THIS PERMIT is subject to the following conditions, which are hereby accepted and agreed to by the. permitter. 1. This permit is granted under authority of Chapter 159, Session Laws of 1935. (Ch, 86.16 RCW.) 2. No property rights are granted herein, nor does this permit absolve permittee from liability for any damages which may be suffered to life or to property, public or private, by reason of works, structures and improvements authorized hereunder. 3. This permit does not obviate the necessity of obtaining assent of the Federal Government in case of United States navigable waters. 4. The permittee shall remove, at his own expense, all falseworks, structures and materials incident to the construction of the work herein authorized. Works and structures erected under permit covering a specific period of time shall be removed by the permittee at his own expense upon the expiration of said period or at the expiration of any extension of time which may be granted. 5. Should permittee fail to remove, at the proper time, materials. works and structures referred to under paragraph 4, the Director reserves the right to have it done at the expense of the permittee. 6. Any alteration of plans for works and structures made subsequent to the filing of application or the issuance of permit shall be subject to approval by the Director. 7. The Director shall be notified by the permittee of the completion of works under this permit in order that he may make final inspection and give final approval. 8. This permit is subject to further special conditions as follows: * * 1. The proposed levee along the Green River shall be constructed prior to placing landfill behind it. The minimum back slope for this proposed levee should be 2:1. 2. The fill material for the levee to be located along the Green River shall be compacted to 95 percent of the maximum density as determined by the compaction control test specified in Section 2 -03.3 (14)D of the 1972 Washington State Department of Highway Standard Specifications. Material that has already been placed along the riverbank shall be removed and compacted as stated above. 3. The applicant shall be required to stabilize this proposed levee with rock riprap and not concrete riprap. Experience has shown that concrete riprap is not adequate for bank stabilization. 4. This permit does not authorize the placement of any structure upon the fill site. The applicant specifies on his plans that he proposes to fill to a maximum elevation of 22 feet (MSL). This would be 2.2 feet below the water surface elevation for the Green River in this area for a flow of 12,000 CFS as recorded at Auburn. The U.S. Army Corps of Engineers is authorized to release a maximum flow of 12,000 CFS from Howard Hansen Dam. Therefore, the applicant is informed of this, as he may wish to ultimately build upon this fill site, any such structure would require another application. 5. "Nothing in this permit shall be construed as excusing the permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations including those administered by local agencies.under the Shore- line Management Act of 1971." 9. This permit is accepted subject to provisions of law and regulations and conditions herein prescribed. (Permlttee) By JOSEPH MATSEN CLYDE RAY CORY, JR. JOSEPH R. MATSEN THOMAS E. SPRAGUE JOSEPH D. MURPHY Mrs. Dolories Osland Clerk Shorelines Hearings Board Number One South Sound Center Lacey, Washington 98504 Dear Mrs. Osland: MATSfn, CORY, mflTafn & SP1241GUE ATTORNEYS AT LAW 1117 WASHINGTON BUILDING SEATTLE, WASHIfIGTO11 98101 March 28, 1974 Re: SHB No. 131 Department of Ecology and Attorney General v. City of Tukwila and Jacob Nielsen I am writing you this letter as attorney for my client, Jacob Nielsen, regarding the selection of a date for hearing in the above matter, which selection . will be made in your office at 1:30 p.m., Tuesday, April 2, 1974. MAIN 3 -4594 AREA CODE 206 Pursuant to an agreement reached between Thomas C. Evans,(Assistant Attorney General), Gary Crutchfield of the Planning Department of the City of Tukwila, Duane E. Wegner of the Washington State Depart- ment of Ecology, and the undersigned as attorney for Jacob Nielsen, the above hearing may be held any time in the month of July, 1974 that is available for Mr. Thomas C. Evans. As a part of this agreement for delayed hearing, Jacob Nielsen has agreed to have his engineer, Leonard I. Schroeter, meet with an engineer from the Department of Ecology, probably Herman Huggins, and an engineer from the County of King, probably Larry Gibbons, sometime before April 15, 1974, to see if agreement can be reached on how existing landfill can be handled and under what conditions new, landfill may be made by Mr. Nielsen. Mrs. Dolories Osland March 28, 1974 Page Two The parties have now agreed that Mr. Nielsen will dump no further dirt or other matter in the area in question, but only smooth out, fertilize and plant with grass the fill in question at this time, pending pursuit of negotiations for settlement which are now proceeding. I trust that if the above in any way improperly'. states the agreement of the parties at this time that they will promptly notify your office and the under- signed. JRM:dc cc: - Mr. - Mr. - Mr. - Mr. - Mr. - Mr. Thomas C. Evans Duane E. Wegner Herman H. Huggins, Gary Crutchfield Jacob Nielsen Wayne Parker, Jr., Attorney for City of Tukwila • Very truly yours, MATSEN, CORY,'MATSEN & SPRAGUE By ,! .Joseph R.Matsen MEMORANDUM TO: FROM: SUBJECT: GC /lt Mr. Mr. Mr. Mr. Mr. Frank Todd, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT Mayor Frank Todd Planning Department Shoreline Permit - Jacob Nielsen A meeting was held at 2 p.m. Friday, 22 March 1974, at the Department of Ecology office in Redmond regarding the above - referenced subject. Those in attendance were: Huggins Bishop Evans Matsen Crutchfield - pepartment of Ecology - Department of Ecology - State Attorney General - Attorney for Nielsen - City of Tukwila Purpose of the meeting was the appeal, by Department of Ecology, of the Shoreline Permit issued by this munici- pality for Mr. Nielsen's landfill. Lengthy discussion regarding background of Mr. Nielsen's actions without permits and in violation of stop work orders. Meeting resulted in ag ,btw Stat A - Depar N of Ecology an Mr Matsen,_ to, meet , , with King County Hydrauli to agree on minimum conditions regarding construction of dikes. City of Tukwila agreed 'to rely upon conditions to be established at aforementioned planned meeting with King County Hydraulics. Gary rutchfiel Plan ing Technic 25 March 1974 JOSEPH MATSEN CLYDE RAY CORY, JR. JOSEPH R. MATSEN THOMAS E. SPRAGUE JOSEPH D. MURPHY Dear Mr. Evans: mimEn, CORY, num & SPRflGUE ATTORNEYS AT LAW 1117 WASHINGTON BUILDING SEATTLE, WASH10GTO11 98101 March 19, 1974 Mr. Thomas C. Evans Assistant Attorney General Department of Ecology St. Martin's College Olympia, Washington 98504 This letter is written to document the under- standing that we reached in our telephone conversation of March 18, 1974 to the effect that we will meet together on Friday, March 22, 1974, beginning at 2:00 p.m., in the offices of Mr. Herman H. Huggins, Jr. of the Washington State Department of Ecology at 15345 NE 36th Street, Redmond, Washington 98052, in an effort to see if agreement can be reached regarding the prop- erty owner's proposed amendment to Shoreline Management Permit and State Flood Control Zone Permit. Pursuant to your request, I have arranged for Mr. Gary Crutchfield, Planning Technician of the City of Tukwila, to be present at the same meeting. Unfortunately, when I contacted Mr. Nielsen to arrange to pick him up to take him to the meeting, I found that - -he had a conflict. We can, therefore, pro- ceed with the March 22nd meeting without Mr. Nielsen, or otherwise I will be happy to reschedule the meeting when he can also be in attendance. Frankly, I am not sure just how much Mr. Nielsen can contribute to the meeting, so I would hope that we can proceed with the same without his attendance, but would appreciate your concurrence by return collect telephone call, in order that this matter may be exped- ited. Thank you for your cooperation. COPY MAIN 3 AREA CODE 206 • Mr. Thomas C. Evans March 19, 1974 . Page Two We hope that agreement can be reached, in order that a hearing before the Shorelines Hearing Board, as set forth in your Request for Review of March 13,1974 will not be necessary. Very truly yours,' MATSEN,.CORY, MATSEN & SPRAGUE By JRM:dc (/ Joseph R..Matsen cc: - Herman H. Huggins, Jr. - Gary Crutchfield - Wayne Parker, Jr., Attorney for City of Tukwila - Jacob Nielsen 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ACCEPTANCE OP SERVICE IN THE MATTER OF A SUBSTANTIAL ) DEVELOPMENT PERMIT ISSUED BY THE . ) CITY OF TUKWILA TO JACOB NIELSEN ) ) STATE or WASHINGTON DEPARTMENT OF ) ECOLOGY, and SLADE GORTON, ATTORNEY ) GENERAL, ) ) Appellants. ) ) TO: BEFORE THE SHORELINES HEARINGS BOARD OF THE STATE OF WASHINGTON SLADE GORTON Attorney General CITY O Ttp A irivklg-- tm.sait's STAMP SHB No. NOTICE City of Tukwila 6230 South Center Blvd. Tukwila, Washington 98067 Jacob Nielsen 1602 Monster Road SW Renton, Washington 98055 Please take notice that the attached request for review was filed pursuant to RCW 90.58.180(2) with the State of Washington, Shorelines Hearings Board on March /3 , 1974. LES B. ROE, Jr. ior Assistant Attorney General OMAS C. EVANS Assistant Attorney General Attorneys for Appellants SLADE GORTON, ATTORNEY GENERAL: Thomas....C. Evans Assistant Attorney General Temple of Justice Olympia , Wa. 753-2357 5. r. No. 9923-0S— 4aP03 Telephone — 1 2 3 4 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IN THE MATTER OF A.SUBSTANTIAL ) DEVELOPMENT PERMIT ISSUED BY THE ) CITY OF TUKWILA TO JACOB NIELSEN ) ) STATE OF WASHINGTON DEPARTMENT OF ) ECOLOGY, and SLADE.GORTON, )• ATTORNEY GENERAL, ) ) Appellants. ) ) Comes now the State of Washington, Department of Ecology and Slade Gorton, Attorney General, and pursuant to RCW 90.58.180(2) request review of the substantial development permit granted to Jacob Nielsen by the City of Tukwila. S. F. No. 99:8 —OS— ACCEPTANCE OF SERVICE BEFORE THE SHORELINES HEARINGS BOARD OF THE STATE OF WASHINGTON I. The names and addresses of appellants are: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY OLYMPIA, WASHINGTON 98504 SLADE GORTON ATTORNEY GENERAL TEMPLE OF JUSTICE OLYMPIA, WASHINGTON 98504 SHB No. CLINE'S STAMP REQUEST FOR REVIEW II. A copy of the application for a permit, the permit and supporting documents are attached hereto and by this reference made a part hereto. SLADE GORTON, ATTORNEY GENERAL Assistant Attorney General Thomas Temple of Justice Olympia , Telephone 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Copies of the attached permit were filed with the Attorney General on February 15, 1974 and the Department of Ecology on February 15, 1974. III. The proposed substantial development is inconsistent with the general policies of chapter 90.58 RCW in that: (1) It does not protect against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting'generally public rights of navigation and corollary rights incidental thereto; (2) It is not designed in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area, or to promote and enhance the public interest and does not require a shoreline location; (3) There is no indication that the requirements of RCW 90- .58.020, paragraph 4, were met: "In the implementation of the policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally." IV. The proposed substantial development and supporting applica- tion received by the Attorney General is not in compliance with chapter 173 -16 WAC, Final Guidelines of the Shoreline Management Act, in that the following subsection of said law is violated: WAC 173 -16- 050(9) Flood Plains - The proposed substantial REQUEST FOR REVIEW S. F. No. 9928-A- -2- 1 2• 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 development is within the flood'plain of the Green river and adequate flood proofing has not been shown. WHEREFORE, appellants request a formal hearing and an order by the Shorelines Hearings Board that the substantial development permit issued by the City of Tukwila to Jacob Nielsen be declared null and void. REQUEST FOR REVIEW 8. F. No. 9928 -A -. Respectfully submitted, • SLADE GORTON Attorney General RLES B. ROE, JR. for Assistant Attorney General L . rv.r/ THOMAS C. EVANS Assistant Attorney General Attorneys for Appellants 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) 1974. 8. F. No. 9928 -A- REQUEST FOR REVIEW WESLEY A. HUNTER, being first duly . sworn, on oath deposes and says: That he is the Deputy Director of the Department of Ecology, that he has read the foregoing Request for Review, knows the contents thereof, and believes the same to be true. SUBSCRIBED AND SWORN TO before me this 13th day of March, SLEYi " H Deputy Director Depa ent of Ecology a r iguidi fi7(1 ROBERT V. J SEN Notary Public in and for the State of Washington residing in Lacey. Mr. Duane Wegner Department of Ecology Northwest Regional Office 15345 NE 36th Redmond, tYashington 98052 Dear Mr. Wegner: King County State of Washington John D. Spellman, County Executive Department of Public Works Jean L. DeSpain, Director 900 King County Administration Building Seattle, Washington 98104 March 12, 1973 Reference is made to our letter dated August 18, 1972, and to the attached plans submitted to this office on February 28, 1973, con- cerning Mr. Jacob Neilson's landfill operation in the W3 of Section 24, Township 23 North, Range 4 East, W.k. We have reviewed the proposed plan submitted by Mr. Jacob Neilson and have the following comments: 1. The proposed levee along the Green River must be con- structed prior to placing landfill behind it. The minimum back slope for this proposed levee should be 2:1 and should be shown on the plan. 2. The fill material for the levee to be located along the Green River should ue compacted to 95 percent of the maximum density as determined by the compaction control test specified in Section 2 -03.3 (14)D of the 1972 Washington State Department of Highway Standard Specifications. Material that has already been placed along the riverbank should be removed and compacted as stated above. The applicant specifies on his plans that he proposes to fill to a maximum elevation of 22 feet (MSL). This would be 1.2 feet below the water surface elevation for the Green River in this area for a flow of 12,000 CFS as recorded at Auburn. The U. S. Army. Corps of Engineers is authorized to release a maximum flow of 12,000 CPS from Howard Hansen Dam. Therefore, we would recommend that the applicant be informed of this, as he may wish to ultimately build upon this fill site. We recommend that the applicant submit a revised grading plan com- plying with the above comments. Also, we would recommend that the applicant be required to stabilize this proposed levee with rock riprap and not concrete riprap. We have found Mr. Duane Wegner Page #2 Very truly yours, March 12, 1973 by our experience that concrete riprap is not adequate for bank stabilization. The biggest problem with concrete is controlling the gradation Enclosure: Plan +'![r : Delbert ' Moss City of Tukwila 14475'. 59th Avenue . South Tukwila, Wa. 98067 WILLIAM B. GILLESPIE Division Engineer Division of Hydraulics Dear Mr. Wegner: WBG LIiG :tvg Mr. Duane Wegner Department of Ecology Northwest Regional Office 15345 N.E. 36th Redmond, `Yashington 98052 King County .ste of Washington John D. Spellman, ...,unty Executive Department ot i��!iicoWQYk�(! Jean L. DeSpain,-0Dire or {; l {:!_ 900 King County Admini stir f ullCing Seattle, Washingtg8 0�' = ' _I March 1, 1974 � ` "" Reference is made to the meeting on February 20, 1974, between Mr. Herman Huggins of your .staff and Mr.. Larry. Gibbons of mine concerning the recent granting by the City of Tukwila of a Shoreline Management Permit to Mr. Jacob Neilson to place landfill in Section 24, 'Township 23 North, Range 4 East, W.M. Based on our discussions with Mr. Iiuggins, we understand that Mr. Neilson's plans submitted for his Shoreline Management Permit for filling his land and stabilizing his riverbank are essentially no different than his plans submitted for his State Flood Control Zone Permit. There- fore, we recommend the Department of Ecology appeal this Shoreline Management Permit. As you are aware, Mr. Neilson has continued his landfill operations without any reward for the plas and provisions covered by his State Flood Control Permit 1- 1535 -2 and apparently Mr. Neilson has no intention of complying with this permit. Hence, we think that it is most inap- propriate to approve another permit based on the same plans as submitted and approved for the first permit unless there . is some concrete evidence that Mr. Neilson intends to com- ply with his own plans and the conditions of the permit. Possibly a performance bond is a method of insuring compliance with the permit. Very truly yours, WILLIAI►i I3.. • GILLESPIE Division. Engineer Division of Hydraulics JOSEPH MATSEN CLYDE RAY CORY, JR. JOSEPH R. MATSEN THOMAS E. SPRAGUE JOSEPH D. MURPHY Mr. Gary Crutchfield Planning Department City of Tukwila 14475 -57th Avenue S Tukwila, Washington mflTSE11, COIN, ff fTS€f) & SPD. GUE ATTORNEYS AT LAW 1117 WASHINGTON HUILDING S W415HI0GTOf 98101 February 11, 1974 Re: • 98067 Application for Shoreline Management Permit No.7309 - Jacob Nielsen Dear Mr. Crutchfield: Pursuant to your telephone request of February 5, 1974, I am enclosing herewith the legal description of the property of Jacob Nielsen in the vicinity of the landfill associated with the above application, all according to my records. MAIN 3-4594 AREA CODE 208 Please let me know what action your department takes in relation to the pending application. Very truly yours, MATSEN, CORY, MATSEN & SPRAGUE JRM:dc Enc. cc:— Jacob Nielsen By Joseph R. Matsen Frank Todd, Mayor CITY of TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT 5 February 1974. MEMORANDUM TO FILE SUBJECT: Shoreline Management Permit for Jacob Neilsen Telephone conversation with Mr.. Joseph R. Matsen, Jr. this date requesting legal description of Mr. Nielsen's property to be attached to Shoreline Management. Application #73 -09. Mr. Matsen indicated said legal description would be mailed as,,,.00n as possible. // rutchf iel. ing Technician. JOSEPH MATSEN CLYDE RAY CORY, JR. JOSEPH R. MATSEN THOMAS E. SPRAGUE JOSEPH 0. MURPHY Dear Mr. Crutchfield: 11141TSf(1, CORY, mflTSf11 & SPRflGUE ATTORNEYS AT LAW 1117 WASHINGTON BUILDING SfflTTLE, WASHI nGTOt1 98101 JRM:dc cc:- Mr.Jacob Nielsen January 16, 1974 Mr. Gary Crutchfield Planning Department City of Tukwila 14475 -57th Avenue S. Tukwila, Washington 98067 Re: Application for Shoreline Management Permit No.7309 -= Jacob Nielsen Pursuant to my letter of January 14, 1974, regarding the above matter, I am enclosing herewith Amendment to Application for Shoreline Management Permit, the contents of which I believe are self- explanatory. When Mr. Nielsen brought this amendment to my office on January 16, 1974, he asked if I would write to you to further explain that he plans to extensively beautify the landfill by fertilizing the surface and planting grass seed, so that the fill will have a park -like atmosphere, which should make even more pleasant the Tukwila area. I trust that you will take this .also. into ‘consideration when you process the application. Please let me know what action your depart- ment takes. Very truly yours, MATSEN, CORY, MATSEN & SPRAGUE Joseph R. Matsen MAIN 3-4594 AREA CODE 206 AMENDMENT TO APPLICATION FOR SHORELINE MANAGEMENT PERMIT BY JACOB NIELSEN Application No.7309 With the City of Tukwila I hereby amend my Application for Shoreline Management Permit to clarify that riprap on the pro - posed land fill will be limited to that placed on the bend of the. Green River, beginning at the east end of the proposed Land Fill and. River Bank Protection Map prepared by Civil Engineer Leonard I. Schroeter, dated February 20, 1973, approximately 300 feet in length and about 15 feet high, said riprap being placed over the face of the fill. DATED this /A day of January, 1974. "M JA OB NIELSEN JOSEPH MATSEN CLYDE RAY CORY, JR. JOSEPH R. MATSEN THOMAS E. SPRAGUE JOSEPH D. MURPHY Mr. Gary Crutchfield Planning Department City of Tukwila 14475 -57th Avenue S. Tukwila, Washington 98067 Re: Application for Shoreline Management Permit No. 7309 -- Jacob' Nielsen Dear Mr. Crutchfield: m4TSER, CORD, mRTSER & SPR4 GUE ATTORNEYS AT LAW 1117 WASHINGTON BUILDING SEcITTLE, Wfl5N18GT011 98101 January 14, 1974 Pursuant to our telephone conversation of January 11, 1974, I am enclosing herewith the original of Affidavit of Publication by "The Highline Times" regarding the above application, which affidavit is dated December 26, 1973. Also, pursuant to our conversation, I have sent an amendment to his application to Mr. Jacob Nielsen for his signature, indicating that he would like to limit the riprap on the land fill to the curve of the Green River near the east part of his property near the rail- road tracks as presently installed. This riprap consists of large boulders placed over the face of the fill, the riprap being approximately 300 feet in length and 15 feet high. Pursuant to your request, I am enclosing here- with a copy of Flood Control Zone Permit issued by the Washington State Department of Ecology under their No. 1- 15 -35 -2, dated April 2, 1973. We are in the process of requesting an amendment of the last- mentioned permit to limit the riprap to the 300 foot strip above mentioned. JRM:dc By Enc. cc:- Mr.Jacob Nielsen Very truly yours, MATSEN, CORY, MATSEN & SPRAGUE, Joseph R. Matsen MAIN 3 -4594 AREA CODE 206 Mr. Gary Crutchfield January 14, 1974 Page Two P.S. Mr. Nielsen states that in his long experience with protecting the banks of that river in the vicinity of his property that the only needed area for riprap is on the curve of the river above mentioned, rather than on the straight -of -way. He anticipates no need for riprap on the straight-of- way, for no substantial sluff -off in the river from the straight -of -way is anticipated, even after the fill is completed. He is also of the opinion that there would be..no probability of causing any back -up of the river or erosion of the opposite bank, despite absence of riprap from this straight -of -way section. STATE OF WASHINGTON COUNTY OF KING AFFIDAVIT OF PUBLICATION No Mary H. Jenkins , being first duly sworn on oath deposes and says: Tha he is the Treasurer of THE HIGHLINE TIMES, a weekly newspaper which is now and at all times herein mentioned has been published and printed in an office main- tained at the place of publication at Burien, King County, Washington; that by order of the Superior Court of the State of Washington in and for King County, said newspaper is now and at all times mentioned herein has been approved as a legal newspaper for the publication of any advertisement, notice, summons, report, proceedings, or other official document required by law to be published; that said newspaper was published regularly, at least once each week, in the English language, as a newspaper of general circulation in Surien, King County, Washington, at the time of appli- cation to the aforementioned Superior Court for approval as a legal news- paper, and was so published for at least six months prior to the date of said application, and is now and at all times mentioned herein has barn so published. That the annexed is a true copy of a PUBLIC NOTICj+, Notice of Application for Shoreline Management Substantial Development Permit as it was published in regular issues of said newspaper once each week for a period of two consecutive weeks, commencing on the 1 9th day of Decembex , 19 73 and ending on the 26 th day of inclusive, and that said newspaper scribers and as December , 19.73 , both dates was regularly distributed to its sub• a newspaper of general circulation during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $.9.24 which amount has been paid in full, at the rate of $3.20 per hundred words for the first insertion and $2.40 per hundred words for each subsequent insertion. 26th day Subscribed and sworn to before me this of December Notary Public in and for the Stag of Wash- ington, residing at Seattle • , 19 73 M o ., ._. ICa;0191 PLICATI ' 'fAOR, UN. MANN{ ... ':- i=s6:$W$TANTIrAs:: 3 ..0IVILOPMINTF lit _ 1 k a ? : N o IICs,I f t'heteti glum ;that .lhc Nisi.. w f.n hai{' IIad? pl�appikatialz. "i-sub.` K astannbil oD► MiFfrn11t.; ,nt1h%:.cijve ih.` � R d . +"ean ;• Iddtdflltind:vockittpi ICCMSd�at ' Mont r?Road.S;W,�w In iorlt1) .;24 OPT,Fwnhip , 23 "N.;R a:;4 W..Mi'.16 : :fI . iICItKofTukw I .':Kitp Wathlnptsa. PE S O a mart 11 p 'to. be.w�; ' 1 .,. r, vile srdlor+ auoctntad' I�11r1 �Ot.F1Hk, fit i .r"';.iq:F+�l: t fon li l(rir 'f"i nis'1111 I oi; ,to;, l not tdi:01 IIIS' CtI o 1 _ sb acli e.Oli n r ti n lj' ii' • ,thti�pptEatien.oli FFt.plaMr rA : 50 Tukwvlli. WMlf kw 47 I n w tIng 11 0?: , hMs ;Int,rai'.within it (2q, daro s,l; (FeitioMiii test:publlcolon ini tec.'.Publli i n tp *Ct .notica°a'ia'1t,' ii iiel �t73.nd eco 73 L + 4.t. :'i fitv - :i4 a'75 D f a?.; K' ^i 5 ntesta 2�iW414 4 �;�fi - c , 4'?sk�* NOTICU OF'APPLICATION F o f H 0¢RLI NI'MANAOIMI NT i��`-rr SYYAIITANT1AL? '?�"�. 'p' {It': p�l`ILOI!M/NT7talihly: >Ifofic.Jt. !:Slum tlirt;Jacob, i..n_;his "fii dRan W1.1Catlon 100::,'a:� * r stantlal; divshopOsenlr'p f tlnjctoki 'itructIe qrr va r*ITMnt;y cl •*1an{Iw. laijdf111 ndc.rock'.- rip.rap lie :1;1102; oft sr,R af tilu24 Onstlip',23' *WI :.cltr:a, :TukwII., KIIW County, W. hl{ . ._.... Sold idsysIoC prapossd rt.. :GrMn.River andlo we? amid ea #mt>Eaapik (dit ' j � D .rtmant;:.`City1 :Tu wIIa..144 'A So:` Tuk I1RWa•M.( w � r tl 4 rof;,hii °.Inr.7ri w . lmt l�, rt N y ti � a. jn w tn.; last%pub :_af t I9 ree; puoI. `cation daha 1f `no►ki - a Ic ri) Dsc . mmur0afrta Frank Todd, Mayor CITY OF TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 11 December 1973 Highline Times • South 152nd Burien, Washington To Whom It May Concern: Please bill this publication to Mr. Jacob Nielsen, 1602 Monster Road Southwest, Renton, Washington 98055. Also send a copy of the affidavit of publication to: Planning Department City of Tukwila 6230 Southcenter Boulevard Tukwila, Washington 98067 Thank you. GC / lt Sincerely, ). rutchf ie ing Tech PLANNING DEPARTMENT SHORELINE APPLICATION NOTICE OF APPLICATION FOR SHORELINE MANAG D' SUBSTANTIAL DEVELOPMENT PERMIT Notice is hereby given that Jacob Nielsen has filed an application for a substantial development permit for the construction or develop- ment of extensive landfill and rock rip -rap located at; 1602 Monster Road S.W. within Sections) 24 of Township 23 N, Range 4 W.M., in the City of Tukwila, King County, Washington. Said development is proposed to be within Green River and /or its associated wetlands. Any person desiring to express his views or to be notified of the action taken on this application should notify the Planning Department, City of Tukwila, 14475 - 59th Ave. So., Tukwila, Wash. 98067 in writing of his interest within thirty (30) days of the last publication of this notice. Publication dates of this notice are 19 December 1973 x••26 December 1973 City of Tukwila Planning Dept. 3 _72 Northwest Regional Office 15345 N.E. 36th Street Redmond, Washington 98052 Telephone 885 -1900 December 27, 1972 Delburt Moss Planning Coordinator City of Tukwila 14475 - 59th Avenue South Tukwila, Washington 98067 Dear Mr. Moss: Enclosed you will find the correspondence on Mr. Nielsen's landfill project as per your telephone request of December 26, 1972. This has been turned over to our Enforcement Section in Olympia for further action. Should you have further questions on this, please feel free to con- tact us. RCB:11 Enclosures Daniel J. rvaas. Governor John A, Biggs, Director Olympia, Washington 08504 Telephone (206) 753 - 2800 Very truly yours, Roy . Bis op Resources Manages "ent 51iit(' of `cis 111)i;l( )11 IAix-win OI Ff U 1Oi;V S. F. No. 4418 — OS Form F. 1 TO THE DIRECTOR DEPARTMENT OF ECOLOGY P. O. Box 829 Olympia, Washington 98504 (1) *APPLICATION is hereby made by (2) and maintain flood plain of in (Postoffice address) (6) This permit is sought sheets numbered (8) Construction will commence (9) Remarks: • SEE REVERSE SIDE FOR INSTRUCTIONS ame of stream or body of water) g g4RioN D OF N11 IAH ATTAIN' O D' ` „ IC. ilf I i `i"`` NJiI (i r:dicl i •J i. •, J �, 0 ctKF�1, KING COUNTY 11 . °ii�l _ DIVISION OF HYDRAULICS � i �°� r„ ..:40 (Date) APR 1 8 1972 Date (Individual, corp oflf li2.27AW/ for permit to 43 ---‘ ""4--- (Construct, tir _—and. .thereaft� a operate (Nature of works: Bridge, dike, road, revetment, logging works, gravel pits, etc.) (3) to be known as Li. it� .._ i ~ < _.. 4. // (4) located in l .' '' tet:tion // , Township (N% NW ,i, e�c.) (Name of works, structures or improvements) 2 • North, Range (Location with reference to nearest town or well known locality) • 176 (E) (W).W.M., (5) all or portion of which will be located upon the banks or in and over the channel or over and across the , a tributary of (Name of stream or body of water) Flood Control Zone No (In perpetuity; or, if temporary, statd / number of years) (7) Definite location and plan of the proposed works, structures or improvements are shown on attached .to , inclusive, which are parts of this application. ' will be completed (Date) L.19C.CI. .._ 4\llE.L5 i'sl (Applicant) By Plans Examined and Reported by Field Examination and Report by Application Returned for Alteration PERMIT Recommended by Issued Name Date . S. F. No. 4418 — OS Form F. 1 TO THE DIRECTOR DEPARTMENT OF ECOLOGY P. O. Box 829 Olympia, Washington 98504 (1) *APPLICATION is hereby made by (2) and maintain flood plain of in (Postoffice address) (6) This permit is sought sheets numbered (8) Construction will commence (9) Remarks: • SEE REVERSE SIDE FOR INSTRUCTIONS ame of stream or body of water) g g4RioN D OF N11 IAH ATTAIN' O D' ` „ IC. ilf I i `i"`` NJiI (i r:dicl i •J i. •, J �, 0 ctKF�1, KING COUNTY 11 . °ii�l _ DIVISION OF HYDRAULICS � i �°� r„ ..:40 (Date) APR 1 8 1972 Date (Individual, corp oflf li2.27AW/ for permit to 43 ---‘ ""4--- (Construct, tir _—and. .thereaft� a operate (Nature of works: Bridge, dike, road, revetment, logging works, gravel pits, etc.) (3) to be known as Li. it� .._ i ~ < _.. 4. // (4) located in l .' '' tet:tion // , Township (N% NW ,i, e�c.) (Name of works, structures or improvements) 2 • North, Range (Location with reference to nearest town or well known locality) • 176 (E) (W).W.M., (5) all or portion of which will be located upon the banks or in and over the channel or over and across the , a tributary of (Name of stream or body of water) Flood Control Zone No (In perpetuity; or, if temporary, statd / number of years) (7) Definite location and plan of the proposed works, structures or improvements are shown on attached .to , inclusive, which are parts of this application. ' will be completed (Date) L.19C.CI. .._ 4\llE.L5 i'sl (Applicant) By /10'6 'ey4", Dear Mr. Nelsen: Mr. Jacob Nelsen 1602 Monster Road SW Renton, Washington 98055 April 2O1972, , Reference is made to your State Flood Control. Zone application . and plan submitted to this office for the placement of landfill in the Wi of Section 24, Township 23 North, Range 4 East W.M. We have reviewed your application and oust require that you submit more detailed plans describing the placement of your proposed fill. We are particularly interested in how you propose to fill adjacent to the Green River. Therefore, we will hold your application in abeyance until we receive this additional information. Very truly yours, WBG • WILLIAM B. GILLESPIE LRG:mm Division Engineer Division of Hydraulics cc: DeSpa.in FCZA - Green•R JOHN D. SPELLMAN COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS KING COUNTY. STATE OF WASHINGTON 900 KING COUNTY ADMINISTRATION BUILDING- SEATTLE, WASHINGTON 98104 Mr. Duane Wegner Department of Ecology Northwest Regional Office 15345 NE 36th Redmond, Washington 98052 Attention: Mr. Roy Bishop Dear Mr. Wegner: August 18, 1972 We are forwarding the State Flood Control Zone application submitted to this office by Mr. Jacob Nelsen for the place- ment of landfill in the WZ of Section 24, Township 23 North, Range 4 East, W.M. We are also enclosing a copy of our letter to Mr. Nelsen on April 20, 1972, concerning this pro - posed landfill. We are very concerned with Mr. Nelsen's proposed landfill. As you will recall, in our field inspection of this site in July, 1972, we found Mr. Nelsen had already filled a large area. Unless Mr. Nelsen is required to stabilize the side slopes of the fill he has already placed, not to speak of the fill that he could possibly place prior to this winter's flood season, a lot of this material will be transported downstream. The entire area of Mr. Nelsen's proposed landfill is located within the 100 -year frequency flood plain for the Green River. We have been holding Mr. Nelsen's State Flood Control Zone application until receipt of his proposed landfill plans, which we requested in our letter dated April 20, 1972. He has promised on several occasions to submit these plans but has not to date. Therefore, we recommend that you instruct Mr. Nelsen to stop placing anymore landfill at this site until he stabilizes the existing side slopes of the fill he has illegally placed and until he has obtained approval of his overall landfill plan. JEAN L. DESPAIN DIRECTOR Mr. Duane Wegner: We believe the existing fill side slopes should be stabilized prior to October 1, 1972. Also, if the fill side slopes are steeper than 3:1 or lie within 100 feet of the Green River channel, we recommend they be stabilized with rock riprap. If you have any questions regarding this permit application, .please do not hesitate to contact our office. Very truly yours, WBG LRG:mm Enclosures: FCZA Topog . Map C /ltr 4/20/72 Page #2 August 18, 1972 NILLIIKM B. GILLESPIE Division Engineer Mr. Jacob Nelsen 1602 Monster Road S.W. Renton, Washington 98055 Dear Mr. Nelsen: Northwest Regional Office 15345 N.E. 3Gth Street Redmond, Washington, 98052 Phone 885 -1900 September 7, 1972 Subject: Application for Flood Control Zone Permit Your application has been held in abeyance waiting additional . information since April 20, 1972. We reference King County, Division of Hydraulics letter of that date (copy attached) who, acting on our behalf, requested information on how you proposed to fill adjacent to the Green River. We are very concerned with your proposed landfill, as a field inspection of this site in July, 1972 made jointly by*King County Division of Hydraulics and the Washington State Department of Ecology found you had already filled a large Brea. This is in violation of the State Flood Control Act of 1935, Chapter 86.16 RCM in that "a State Flood Control. Zone Permit was not issued for placement of this fill. You are hereby cautioned to stop placing anymore landfill at this site un- til you have obtained approval for the overall landfill plan. The exist- ing fill side slopes should be stabilized as soon as possible as in the event of a flood, any damage caused to other, properties from your landfill Could result in civil suits against you. We recommend that your plan for the fill side slopes if steeper than 3:1 or lie within 100 feet of the Green River channel should include stabilization with rock riprap. Septeaber 7, 1972 Attachment Sincerely, Letter to Mr. Jacob Nelsen We request your immediate response on this matter as. we feel it is within your best interest as well as ours. Duane E. Wegner Resource Management Supervisor PCB :11 cc: Charles Roe, Special Assistant Attorney General, DE, Olympia Larry Gibbons, King County, Division of Hydraulics, Seattle MEMORANDUM FiLls TO: FROM: ..( ';'•I SUBJECT' 11, 1)72. DATE: F,eueive6 com County, Oivi5ion of dydraulic, i.72 ti11 LLn at tile site of his land fill projcct t.11 no;.7 racd tLe water's 11, 197::, :2-17;15 arrived ou site. J935 a.m. tarry (abbous arriw.:.: on t. talAed to wor,.:rs on 2.1;o. nad :found L"..lat ...:lelson •aG not at .• ar.J.1 riiiilroal tracks and cook pictures of fill at Wa t:mited Lill a7)urr- n.. and 1:r. : not returhed, we d r. Lo procrty to ca: .1 picturus ititout his a2proval. • We it the SiEC: at .L.pproNL P . 01 mad at oE lus7ection: • I. water edy and so7k1 debris was on ice at • water 2 ::ren of fill 2la!:3 thaa ;Ioublo.d since visit of September 15,H 1972. onchocc c-c.en '3 15, 1972, indic:Aes • approNil: perer of pre3ent fill. 3. f (2) trl.c% of uo.lcrcAe du711Ded at site during tho tine r%1- tIlerct, D..!cei 11, 1272, oetleon C.03U a.m. and au in photo ur. Septenber 1972 ;ir tii.L there. • F1l1 , : . .on:3 4 ..sCs of ccr:cre, earn .7111 an other structural. typc Daniel J. Evans, Governor John A. Biggs, Director Olympia, Washington 98504 Telephone (206) 753-2800 CHECK INFORMATON FOR ACTION PERMIT OTHER State of Department of Ecology AMENDMENT TO APPLICATION FOR SHORELINE MANAGEMENT PERMIT BY JACOB NIELSEN I hereby amend my Application for Shoreline Management Permit to clarify that riprap on the pro- posed land fill will be limited to that placed on the bend of the Green River, beginning at the east end of the proposed Land Fill and River Bank Protection Map prepared by Civil Engineer Leonard I. Schroeter, dated February 20, 1973, approximately 300 feet . in length and about 15 feet high, said riprap' being placed over the face of the fill. DATED this / b day of January, 1974. Application No.7309 With the City of Tukwila JACOB NIELSEN February 11, 1974 LEGAL DESCRIPTION OF JACOB NIELSEN PROPERTY North of Monster Road, West of Chicago, Milwaukee, St. Paul & Pacific right -of -way, South of boundary line near south margin of Green River, and East of Primary State Highway No.1: •. That portion of Government Lots 8 and 10 in Section 24, Township 23 'North', Range 4 East W.M., lying Westerly of Chicago, Milwaukee, Saint Paul and Pacific Railway right of way, lying'northerly and Westerly of the Charles Monster Road No. 2 (County Road No. ' 8) ; lying Northerly of Bond Issue Road No. 10; and lying Northeasterly of a tract conveyed to the State of Washington under deed bearing Auditor's File No. 5490612 records of King County; EXCEPT that portion contained within the following des- cribed tract: Portion of Government Lot 10 in Section 24, Township 23 North,•Range 4 East, W.M., described as follows: Beginning at a stone monument on the center line of Permanent Highway No. 3D, said monument being located North 8 °52'10" West 462.32 feet, more or less, and North 34 °46'00" West, 166.70 feet from the intersection of the center line of said Permanent Highway with the South line of said Government Lot 10; thence North 60 °40'00" West, along the said center line 49.72 feet and North 80 °55'00" East (Parallel to the center line of Bond Issue Road No. 10) 306.34 feet; thence North 9 °05' 00" West, 148.00 feet., more or less to the North margin of said Bond Issue Road No. 10; thence along the said North margin South 80 °55'00" West, 48'.28 feet to the true pointof. beginning of this description; thence ;continuing South'80 °55'00" West 80.00 feet; thence .North 0 ° 53'00" East, 120.00 feet; thence North 80 °55'00" East 80.00 feet; thence South 0 °53'00" West 120.00 feet to the true point of beginning; AND EXCEPT the following described property: .That portion of Government Lot 10 in Section 24, Town- ship 23'North, Range 4 East W.M., in King County, 'Washington, described as follows: Beginning at a stone monument on the center line of .Permanent Highway 3D said monument being located North '8°52 West, 462.32 'feet, more or less, and North 34 °46'00" West 166.70 feet from the intersection of the center line of said Permanent Highway with the South line of said Government Lot 10; thence North 60 40'00" West, along the said Center line 49.72 feet and North 80 °55'00" East (parallel to the center line of Bond Issue Road No. 10) 306.34 feet; thence North 9 °05' '00" West 148.00 feet, more or less, to the North margin of said Bond Issue Road No. 10; thence along the said North margin South 80 °55'00" West, 128.28 meet to the true point o;f• boginninq o.L tthi : do cription; thence can't:inni.neg South 00 ":,:.'00" W:.:t 140.00 feet; thence North 0 °53'00" Last 120.00 feet; thence North 80 °55'00" East 140.00 feet; thence South 0°53'00". West 120.00 feet to tho true point of beginning; • AND EXCEPT. the following described property: Commencing at a stone monument on the center line of Permanent Highway . monument being located North 8 ° 52'10 ". West, 462.'32.:feet, more or less, and North 3 4 °46'00" West 166.70 feet from the intersection or Government line of said Permanent Highway with the South line of said. Government Lot 10; thence North 60° 40'00" West, along the said center line 49.72 feet; thence North' 80°.55'00". East (parallel with the center . line of Bond Issue Road T;10) 306.34 feet; thence North 9 West 148.00 feet, more or less, to the North :margin of said Bond Issue Road #10; thence South 80 °55'. 00" West along said North margin 43.24 feet to the point of• beginning of the parcel herein described and' the Southeast corner of Tract 4 in an unrecorded sub- division as established by survey made by A. R. Fischer for Fred Nelson in November 1936; thence North 0 °53'00" East 120.00 feet; thence South• 8.0 °55'00" West 5.04 feet; thence 'South'0 ° 53 00 ". West 120'.00 . f,set to the North margin of said Bond Issue Road #10) ; thence'North 80 °55 East along said North margin 5.04 .feet to the point of beginning; Situate partially in the City of Tukwila and partially in the County. of Xing, . State of Washington. TOGETHER WITH the following described real estate situate in Ring County, Washington: Portion of Government.Lot•10, Section 24, Township 23 North, Range 4 East, ti7.M., in King County, Washington, described. as follows: Commencing at a stone•monument on the. 'center line of permanent Highway No. 3D, said monument being located North 8 ° 52'10" Wes 462.32 feet, more or less, and North 34 ° 46'00 ".Nest 166.70 feet from the intersection of the center line of said permanent highway with the South line of said .Government Lot 10; thence North 60 ° 40'00" West along the said center line 49.72 feet and North 30 °55'00" East (parallel to the center line of Bond Issue Road No. 10) 306.34' •feet; thence north 9 ° 05'00" west 148.00 feet, more or less, to the North margin of said Bond Issue Road No. 10; thence along the said North margin South 80 ° 55'00" West 43.24 .,feet to the true point of beginning of this description; thence continuing South 80 ° 55'00" West 225.04 feet; thence North 0'53'00" East••120 feet; thence North 80 East 225.04 ,feet; thence South 0 ° 53'00" East 120 feet to the true point of beginning; EXCEPT portion deeded to State of Washington for Primary State Highway No. 1, Green River Interchange by Auditor's File No. 5507291, and EXCEPT portion thereof condemned by the State of Washington for State Highway in King County Superior Court Cause No. 596089. SUBJECT TO: Easement for water pipe reoorded under Auditoria File Na. 337825. TOGETHER WITH property title to which was cleared in JACOB NIELSEN near said Green River as provided in agreed judgment in the case of FIORITO BROS. v. JACOB NIELSEN, et ux, under King County Superior Court Cause No. 725392, SUBJECT TO any other easements and restrictions of record. —2— APPLICATION NO. SM- '7 OCi SEC. -TWP. -R. 2_4 - Z3 c - DATE RECEIVED `Q OA - 13 COMPREH NSIvS PLAN _Ju DoS i / ZONING 114. -1 1-1G k- ado 5 Vey DATE DENIED WATER BODY (C; 4E E_ N (U DATE APPROVED APPLICANT TO PROVIDE INFORMATION REQUIRED IN ITEMS 1 THROUGH 14 BELOW: 1. Name of applicant JACOB NIELSEN 2. Mailing address CITY OF TUKWILA, WASHINGTON APPLICATION SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT PERMIT 1602 Monster Road S.W. Renton Wn 98055 Telephone AL 5 -4615 3. Applicant is: X Owner Lessee Contract purchaser Other (specify) 4. Name and address of owner, if other than applicant: Telephone 5. General location of proposed project (give street address if any or nearest street and intersection) 1602 Monster Road S 1 W. 6. Legal description (if lengthy, attach as separate sheet) ATTACHF_.D 7. Name of adjacent water area or wetlands: Green River (Wetlands) S. Intended use of' property: No intended use as merel as a levee, PUBLICATION DATES (4 26 O-L -. - 7) Presently will se City of Tukwila Planning Dept. 3 -72 FORM 286 9. Generally describe the property and existing improvements: No existing improvements on land area proposed fo r fil 10. A. Total construction cost and fair market value of proposed project including additional developments contemplated but not included in this application: Unknown -2- Begin As soon as po. ible 11. Does this project require a shoreline location? Explain. WA King County Flood Control Permit - Applied in Spring 1972 13. Site and vicinity maps (Refer to application instructions): ATTACHED 14, Additional information: B. Construction dates (month and year) for which permit is requested: Completion depends upon availabilit} End of fill material. 12. List any other permits for this project from state, federal, local governmental agencies or the City of Tukwila for which you have applied or will apply, including the name of the issuing agency, whether the permit has been applied for, and if so, the date of the application, whether the application was approved or denied and the date of same, and the number of the application or permit: City of Tukwila Planning Dept. 3-72 FORM 286 STATE OF WASHINGTON) ss CITY OF TUKWILA ) I, JACOB NIELSEN , being duly sworn, certify that I am the above -named applicant for a to construct a substantial development pursuant to the Shoreline Management Act of 1971, and that the foregoing statements, answers, and information are in all respects true and correct to the best of my knowledge and elief. Subscribed and sworn to me this /Z) 2 ay of (Si ature / 970 Notary Pubii.v op the State of ; ` ""'"44,04,ng at • sr t ,;,� 1."y`�te.;.4,.X.s�• • �y h 5AcbB Plw;g4viEjM FARik1/2 r • ■ahkeig ".. • • •:••• , . ..„ .=??j„ , r , v,e : 42 /947 " • „."". • .• _____#-- ■!-------- _,---- .,,------_________________.—--- • .%-----, -„- ,-%----_-! - _-- --- e) .3.' ,------;---:">-------_____----;,._ -----.-- <. -. •----- ---.-' ,,,--- -- ..----* ,..... ... _____________.--- , -. . :::><.- ,, 1 • •• : i . , ... ,..,„. . _ „ - . ..- •-!.- --- -- - ;--- 2-- --- , . ..,/...:.-_:::-..„-___.---„,> '''' ''''..-77-7" ; ::: - ---------- - -----'--- ' ,:',-'•- ..-,..„----7 7' ** . . . 1 • .;' , 7 ' !.:' .*' • • • ' , /9.0 c.) ....... — _ _.-- ,..,......----", ,,---"' ---- — — ----- ,',......;:-.----- ....._.......--• ..,-..-....,":..------ _,........----- ......,,,...• .--;-__ ... ..-- ....,_.-- -,:-...,--. _--- ... .......-- ....,-- ...---- --- .. • ../1/;•,. /6 22 7 /4 s.* ;12./7 001 ./ ej es• / , I 715 INCII 1 • (DC 6 Z - 3.1 7 Z.Z 9Z g t EZ ZZ L (.2 CA Ell /I 91 St 71 'Et 111111111111J11111111111111111111111111111111111111111111111111111111111111111411111111111111111111)11111111111111111111111111111111111111111111111111111111111.111111111111111111111111111111111,111111 . ------- -- 5 6 21.7 ' FLEXIBLE RULER -302 AW 7 .• • . s . • .• • ^ --•-••7 ". • / /3.7 ■• 1.7e3 /3.Z 1 145--StleiP • g•Sfitst9tS.4?. IF THIS MICROFILMED DOCUMENT IS LESS CLEAR THAN TI-US NOTICE, IT IS DUE TO t THE QUALITY OF THE ORIGINAL DOCUMENT A//E -5 / /3",oyet/XTL•fie" 445/5 • • ■ .25 \\\ 20.0 2. 4. L5 24 722vv/v5x//,z 23 N, .,e vefr7. C/7Y Or 4 /4 7 5 W. +7 . c/c7 " 1 :4. 27.0 / / / / -..........._ ;.•% ..---"------- .--s . . . . . ..._,,,;._..„,,,,:........,,,,:.,.......,...,_„..• ......"--'--...../"-- • ' '' :./.."..----.....-- ;•' ...../-•--- - - • • • - . .--*---• ... ......,--s J O . •-• ...--s- r- ------ -- - - . 0 e,,, a ....----.------ • .--s 23.0 /4: PRoTz • i,--Fr''1771,47-1,11.r",,.,. :: ••'", Dote /VOTE'S Z.:71v-s .zr,, 09/704/2 7J07 • 4 7.4. , , /Val 0/7 /0 0 0 tie "iv...7 .14/0/ 4:1/ 1 :I Ze'r 4 7';00.01 sjW '2 M' ' reia• e02 ■9/0-'+P. LEONARD 1. SCIMOETER „ Civil Engineer & Lend Surveyor Land Subdivision & ; Porcolation Ts■sts& Structural D11193 13622 Mapluwild S. ' W. ,- Seattle, Washington 90166; . CFI 2-6621 • • • 1