HomeMy WebLinkAboutPermit L96-0025 - GREEN RIVER FLOOD CONTROL DISTRICT - SHORELINE EXEMPTIONL96 -0025
king county SURFACE WATER MGT.
42 AV S
SPECIAL
PERMISSION
green river flood control district
CITY OF TUKWILA
DEPARTMENT OF COMMUNITY DEVELOPMENT
SPECIAL PERMISSION
APPLICATION.
S • ecial Si • ns; Coo • erative Parkin • • etc.
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3680
1. BRIEFLY DESCRIBE YOUR PROPOSAL: 402 ,4-kr &' j.– ✓ 1��►, .��' --
/ Ge Ell i IDYL J P� LCXr
2. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and sub -
division; or tax lot number, access street, and nearest intersection)
1g4,2% /' /D 4204Z 11=A /lug gon;14'
Quarter: 5/ Section: /C Township: 073 Range:
(This information may be found on your tax statement)
. APPLICANT:* Name. •
Address.
Phone: r�l /& iet/e7i€, c 2'W, S37f/D Cheek �1 '"��77
Signature: — oh,7iec — Date:
* The applicant is the person whom the staff will contact regarding the application, and
to whom all notices and reports shall be sent, unless otherwise stipulated by applicant.
AFFIDAVIT OF OWNERSHIP
• PROPERTY Name: /We, �� o %ue��j /�G A 07 - )
OWNER
Address:
Phone:
I /WE,[signature(s)]
swear that I /we are the owner(s) or contract purchaser(s) of the property involved
in this application and that the foregoing statements and answers contained in this
application are true and correct to the
best of my /our knowledge and belief. Date:
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June 7, 1996
City of Tukwila John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
Mr. Dave Clark, Manager
River Management Section
King County Surface Water Management Division
700 Fifth Avenue, Suite 2200
Seattle, WA 98104
RE: NOTICE OF EXEMPTION
for Proposed 1996 Flood Damage Repairs (File #L96 -0025)
Dear Mr. Clark:
I have reviewed your proposal for riverbank repairs along 42nd Avenue South.
I find that the proposed work meets the criteria for a "maintenance" exemption from a Shoreline
Substantial Development Permit (WAC 173- 14- 040(b)), and for compliance with the Shoreline
Management Act and local shoreline master program policies (WAC 173 -14- 040(1)(3)). I find that the
project is also exempt from SEPA review as an "emergency" (WAC 197 -11 -880). These findings are
based on information contained in the project file, as noted below:
Project Name: 42nd Avenue Riverbank Repairs
Applicant: King County Surface Water Management Division
Location of Project: Green/Duwamish River, 42nd Avenue South, Tukwila, WA
SE 1/4 Sec. 10, Twn. 23, Rge. 4
Corps Public Notice
Number: NWP 3, Section 404
Project Description:
The project involves the excavation/regrading of failed riverbank areas, and reconstruction of the
bank. Riverbank repair will occur at three sites along 42nd Avenue South as follows: for
approximately 200 1.f. to the west of the Tukwila Community Center, approx. 150 11 at 12026
42nd Ave. So. (Fire Station 53), and approx. 120 1.f. at 11810 42nd Ave. So., for a total of
approx. 470 1.f. for the entire project. All work will be conducted on the west side of 42nd
Avenue South or within City of Tukwila right -of -way. Existing significant ( >4" diam.) trees
along the riverbank will not be damaged by the project. Work will include the installation of a
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431-3665
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toe buttress and large woody debris for fish habitat. The embankment will be reconstructed with
live geogrid layers containing willow and dogwood cuttings. Work in front of the Community
Center will be completed by July 30, 1996, to avoid potential interference with the City's pending
42nd Avenue street improvements.
While the above project has been found to meet exemption criteria, any future riverbank repair projects
should be evaluated through the SEPA process. We agree (ref. your memo 5/29/96) that the original
programmatic checklist may be out of date and/or inconsistent with new regulations and your own
project designs. In addition, the cumulative impacts of similar, related proposals need to be evaluated
relative to Tukwila's new shoreline and Comprehensive Plan policies. To expedite Tukwila's review of
future riverbank repair projects, I strongly recommend that a revised programmatic checklist be
prepared as soon as possible.
Please feel free to call me if you have any questions (431- 3670). •
Steve Lancaster
Director, DCD
cc: File
Ann Siegenthaler, DCD
Phil Fraser, Public Works
Bob- Frilz.k-a, DOE Alice Kelly, DOE
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G:\SHARE\ RP\ ACAD\ DETAILS\ LOGSTR5.DWG
Project: 42ND AVENUE RIVERBANK REPAIR PROJECT
Review for SEPA & Shorelines Exemptions
File: L96 -0025
Date: June 6, 1996
Prep: Ann Siegenthaler
DOCUMENTS REVIEWED:
Letter from Dave Clark to Steve Lancaster (dated 4/26/96), including
Project Description
Vicinity Map
River Maintenance Program Permit Application Checklist (rec'd 5/29/96), including
Project Description
Construction sequencing
Description of Work, Method & Equipment
Conversation Record 5/30/96: Ann Siegenthaler/DCD with Andy Levesque/KCSWM
Project construction details & site plans submitted by Levesque 5/31/96
PROJECT BACKGROUND & DESCRIPTION:
Based on documents in the project file and conversations with project lead Andy Levesque, the purpose
and scope of the project are as described below.
Project Background:
The purpose of the project is to repair areas of riverbank armoring along 42nd Avenue South that were
damaged by 1995 floods. The original riverbank structure was completed years ago, under the
auspices of the Green River Flood Control Zone District (GRFCZD), in which the City of Tukwila
participates. Through the GRFCZD, the City is assured of continued maintenance of flood control
structures along the river. This arrangement was renewed in a 1990 interlocal agreement between the
City of Tukwila and King County Surface Water Management (KCSWM), in which Tukwila "agreed"
to the use of King County standards for riverbank repair (based on 1993 KC Riverbank Stabilization
Guidelines).
Project Description:
Riverbank repair will occur at three sites along 42nd Avenue South as follows: for approximately 200
1.f. to the west of the Tukwila Community Center, approx. 1501.f. at 12026 42nd Ave. So. (Fire Station
53), and approx. 1201.f. at 11810 42nd Ave. So., for a total of approx. 4701.f. for the entire project (see
section map in project file for work locations). All work will be conducted on the west side of 42nd
Avenue South or within City of Tukwila right -of -way. An 18" water main lies within the project area;
however, the proposed work has been approved by Public Works and will be conducted a minimum of
7 feet from the main. Existing significant ( >4" diam.) trees along the riverbank will not be damaged by
the project.
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The project involves the excavation/regrading of failed bank areas, and reconstruction of the bank in
such a way as to prevent scouring and to provide habitat enhancement features. It will include the
installation of a toe buttress of 4' to 6' diameter quarry rock (rip -rap) below the Ordinary High Water
Mark (OHWM). To enhance fish habitat, 25 logs with rootwads and 25 -50 pieces of brushy tree tops
will be distributed throughout the project, installed below OHWM into the toe buttress. The
embankment above OHWM will be reconstructed with live geogrid layers containing willow and
dogwood cuttings. Typical details of this work are contained in the project file (Log Toe & Live
Geogrid Restoration Bank Detail; Log Pattern Detail; Levee Slope Failure Repair with Live Geogrids,
Log Flow Deflectors & Toe Rock). Public Works has previously accepted KCSWM standards for
riverbank facility repairs (King County Guidelines for Bank Stabilization, adopted via the King County
Flood Hazard Reduction Plan).
KCSWM will be responsible for the design and installation of the project. Construction will begin
upon approval of the permit exemption; the construction "window" extends through September 1996.
Work in front of the Community Center will be completed by July 30, 1996, to avoid potential
interference with the City's pending 42nd Avenue street improvements. The HPA permit for the
project is pending; when issued, it will ensure that Dept. of Fisheries concerns are addressed.
PROJECT PERMIT EXEMPTIONS
Shoreline Substantial Development Permit
"Normal maintenance or repair of existing structures" is exempt from shoreline permit requirements
provided that it does not cause "substantial adverse effects to the shoreline resource or environment"
(WAC 173- 14- 040(b)). In addition, the work also "shall be consistent with the policies and provisions
of the Act and the applicable shoreline master program" (WAC 173 -14- 040(1)(3)). Based on documents
in the project file and discussion with the applicant, this project meets the above criteria and is exempt
from shoreline permit requirements (WAC 173- 14- 040(b)).
SEPA Review
The WAC specifically states that the following uses are not exempt from SEPA:
"Reconstruction /maintenance of groins and similar shoreline protection structures"
(WAC 197- 11- 800(3)(b)), and "repair /rebuilding of major dams, dikes..." (WAC 197- 11- 800(3)(c)).
Therefore, the project is not exempt from SEPA as "repair and maintenance."
However, project documents state that slumping of the riverbank poses an "imminent threat,"
presumably to the remaining dike and also the roadway shoulder along 42nd Avenue South. SEPA
regulations provide for exemptions for "emergencies," when there is insufficient time for checklist/EIS
preparation and review (WAC 197 -11 -880). As such an emergency, the project is exempt from SEPA
review.
Future Project Exemptions
SEPA exemptions do not apply when "the proposal is a segment of a proposal that includes: ...a series
of exempt actions that are physically or functionally related to each other, and that together may have a
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probable significant adverse environmental impact...." (WAC 197 -11 -305). In addition, the flood
hazard reduction program for Tukwila's portion of the Green/Duwamish River, of which this project is
a segment, has never been evaluated in light of Tukwila's new shoreline policies or Comprehensive
Plan.
A KCSWM interdepartmental memo (5/29/96) states that "...repairs to river facilities have previously
been covered by a programmatic checklist..." and that KCSWM intends to update and formalize the
checklist in late 1996. (The programmatic checklist was not submitted for review with this project.)
KCSWM states also that the original checklist may be out of date relative to new codes and their own
project designs.
Given the potential cumulative effects of similar projects throughout the river corridor, and the need to
review the overall program for consistency with King County and Tukwila policies /codes, the County
should submit a new SEPA checklist as soon as possible. Future riverbank repairs in Tukwila should
be approved/exempted only when consistent with that environmental review.
•. •
King County
Surface. Water Management Division
Department ofNatural Resources
700 5th Avenue Suite 2200
Seattle. WA 98104
(206) 296 -6519
(206)296-0192 FAX
April 26, 1996
Steve Lancaster, Director
Department of Community Development
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
RE: Maintenance Exemption for Proposed 1996 Flood Damage Repairs
Dear Mr. Lancaster:
This letter requests confirmationthat flood damage repairs to the 42nd Avenue South
Revetment, scheduled for completion this summer, are exempt from formal issuance of a City of
Tukwila Shoreline Substantial Development permit and SEPA determination.
Three locations along the 42nd Avenue Road embankment were substantially damaged during
recent high flow events on the Green River in November/December 1995 and February 1996..
One of these repair sites is located adjacent to the new Tukwila Community Center and the
other two are at 11810 and 12026 42nd Avenue South, respectively, (see enclosed map and
project description). Based on a prioritization exercise to evaluate severity of damage and
potential for future hazards, this project was determined to be very high priority for completion
this summer.
My interpretation is that these repairs are.eXempt from shorelines substantial development
permit requirements pursuant to WAC 173-14-040(b). All repair activities at 42nd Avenue
South will be carried out by King County on the behalf of the Green River Flood Control Zone
District. All these repairs will be constructed under a valid SEPA declaration in accordance with
WAC 197-11-926. •
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April 26, 1996
Page 2
If you have any questions, please feel free to call me at 296 -8388. Andy Levesque of my staff •
will be lead on the 42nd Avenue South Revetment. His direct line is 296 -8379. You may also
wish to discuss the details of these projects with Public Works Director, Ross Earnst or Senior
Engineer, Phil Fraser.
Sincerely,
Dave Clark, Manager
River Management Section
DC:SL:acj38
Enclosures (2)
cc: Ross Earnst, Director, City of Tuikwila Public Works Department
Phil Fraser, Senior Engineer, City of Tukwila, Public Works Department
Paul Komoroske, Supervisory Civil Engineer, Seattle District Office U.S. Army Corps of
Engineers
ATTN: Charles Ifft, Civil Engineer
Andy Levesque, Senior Engineer, Green River Basin Program
Stephanie Lucash, Coordinator, Green River Basin Program
Cyrilla Cook, Program. Analyst
RIVER MAINTENANCE PROG, . - -M
PERMIT APPLICATION CHECKLIST
Project Name: 42nd Ave South Org/Project Numbers:
River: Green RM Location: 7.1 -7.2
Project Manager: Andy Levesque Phone: 296 -8379
Project Ecologist: Ruth Schaefer Phone: 296 -8365
Start and End Dates: SEPA Date:
HPA (check one): renew existing permit x new application
Shorelines exemption (check one): Letter is already sent; City of Tukwila jurisdiction
_x repair /maintain existing facility x imminent threat funding emergency
• Type of project:
Repair failed road shoulder embankment/revetment
Project description:
Three sites along 42nd Avenue South have experienced slumping and sloughing failures, potentially
jeopardizing an 18" high pressure water main installed along the riverward road shoulder. Failed and
unstable embankment soils will be excavated and removed from the site. A toe buttress of 4' to 6'
diameter quarry rock will be installed below the ordinary high water line (OHW). Wood habitat elements
will be imbedded in the toe buttress. The embankment slopes above the.OHW will be reconstructed with
live geogrid installations, consisting of native willow and dogwood cuttings in topsoil layers between lifts
of clean, compacted sand and gravel fill.
Total project length (lineal feet): 470 LF +1-
Total volume and type of material placed and /or removed (cubic yards):
Excavation = 3,300 yd3
Toe Rock = 1,225 yd3
Bank Fill = 756 yd3
Live Geogrid Fill = 900 yd3
Total surface area disturbed (square feet): 20,000 ft2
Disposal site for excavated material:
Licensed soil processing operators from King County bid book
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MAY 3 1 1996
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Number and size of Togs with u..J without rootwads:
25 logs with rootwads
25 - 50 pieces of brushy tree tops
Equipment used:
10 yd dump trucks .
PC 120 Kubota trackhoe
PL-350 or PL-400 Kubota trackhoe as needed
Access and staging areas:
Access will be from the existing road shoulder. Excavation and filling will be kept a minimum of ten feet away
from the existing water main.
Erosion control plan: .
All instream work below the OHW line will be accomplished at low tide. Work will proceed during late May
through late September. Banks will be constructed with live willow and dogwood cuttings for erosion control.
All fill areas will be covered with coir fabric and hydroseeded.
Construction sequence and /or project phasing:
Excavate failed embankment
Dig excavated key for toe buttress
Place wood habitat elements along muck shelf riverward of toe
Place bedding for toe rock
Place toe rock
Place topsoil and cutting layer approx. 1.0' above OHW line
Place coir fabric and compact lifts of clean fill
Wrap coir to cover fill lifts
Repeat with up to 5 layers of cuttings and 4 layers of coir wrapped fill lifts
Place and compact clean fill to top of bank
cover with topsoil, wrap with coir and hydroseed
Attachments:. photos
plan view
x cross- sectional view(s)
x construction details (typicals)
planting plan
other (describe)
AL:acJ34 /2 -96
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PROJECT DESCRIPTION
•42nd Avenue South Revetment
A six -year frequency flood scoured out the rock and caused the river bank to slump in three
locations, as shown on the attached map. This proposal is to remove unstable soils, replace toe
rock and armor the bank of all three of the locations using riprap and geogrids.
FEDERAL EMERGENCY MANAGEME GENCY
DAMAGE SURVEY REPORT - DATA SHEET
APPLICANT:NAME /COU
SUPP.TO :DSR:
PART 1 - PROJECT DESCRIPTION
10. PROJECT TITLE
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CIUTY'tOCA'Tl,
13. DAMAGE DIMENSIONS /DESCRIPTION /SCOPE OF ELIGIBLE WORK
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PART II - ESTIMATED COST OF PROPOSED WORK
MATERIAL AND /OR DESCRIPTION
• (a)
MEAS
(b)
!OU:ANTITY.: •
UN
PRICE
(d)
ATTACHMENTS
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King County
Surface Water Management Division
Department of Public 1Mbrks
700 Fifth Avenue Suite 2200
Seattle, W,\ 98104
(20G) 29G -6519
(206) 290-0192 FAX
May 29, 1996
TO: Randy Sandin, Site Development Services Supervisor, Land Use Services Division,
Department of Development and Environmental Services
/44.-^--
VIA: Jim Kramer, Manager, Surface Water Management Division t /
FM: Dave Clark, Manager, River Management Section, Surface ater Management Division
RE: 1996 River Facility Emergency Repairs
The purpose of this memorandum is to clarify State Environmental Policy Act (SEPA) for a
number of repairs to public facilities this summer. As lead agency, we have determined that
these projects meet the criteria for emergency exemption, pursuant to Chapter 197 -11 -880,
Washington Administrative Code (WAC). Damages to public facilities caused by the December
1995 and February 1996 floods must be repaired before the next flood season, as the damage
poses imminent threats to public health and safety, and imminent danger to public facilities and
private property. All repairs must be completed this summer in order to meet the State
Hydraulic Code requirements for in water construction windows for the protection of fishery
resources. This tight time frame does not allow us adequate time to meet full compliance with
SEPA procedural rules.
It is our intent that all project repairs be consistent with County codes and environmental
regulations. In fact, we believe that many of our project designs provide mitigation that
exceeds existing county , state and federal environmental regulations. We believe our repair
projects will have no significant adverse impact on the environment.
While repairs to river facilities have previously been covered by a programmatic checklist for
river facility repairs, it has been determined that this checklist may be out of date because it
does not fully reflect recent updates to .WAC, King County codes, or our project designs.
There is inadequate time, however, to revise and properly circulate a revised checklist for our
1996 emergency projects, and still comply with fisheries windows. We have initiated work to
update our programmatic checklist and expect to formalize the checklist later this fall.
Thank you for your cooperation in helping us expedite the completion of these emergency
projects so that repair work is completed before the next.flood season. If you h any
questions, please feel free to contact me at 296 -8388. tl�a��ave °,t
JK :acJ28
cc: Cyrilla Cook, Program Analyst, River Management Section
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MAY 3 1 1996
11;.OMV1MUN1 iY
DEVIHOPMENT
FAX Transmittal Cover sheet
SURFACE WATER MANAGEMENT DIVISION
King County
Department of
Natural Resources
700 Fifth Ave, Suite 2200
Seattle, WA 98104
(206) 296 -6519
FAX# 296 -0192
\‚\\‚ � 'er
Mattagemerrt Everyone lives downstreom
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City of Tukwila
John W. Rants, Mayor
Department of Community Development
May 8, 1995
Dave Clark
King County Public Works
Surface Water Management
700 Fifth Avenue, Suite 2200
Seattle, WA 98104
RE: Segale Levee Stabiliza ion Project
Dear Mr. Clark:
Steve Lancaster, Director
DI 1C�1�-�Un fir
;MAY 1 0 it-•'
•
KING COUNTY
SURFACE WATER MANAGEMENT DIVISION
This letter is to -place and supersede my letter to you dated
April 27, 1995 reg- ding the Segale Levee Stabilization Project.
I have reviewed e proposed Segale Levee Stabilization Project and
find that the verward phase of work is exempt from a shoreline
substantial d. elopment permit pursuant to WAC 173- 14- 040(b).:
The Tukwila •epartment of Community Development requests that we be
provided w'th a copy of the final riverbank design work when it
becomes a- ailable.
If you ave any questions, don't hesitate to call me at 431 -3670.
Since. ely,
S eve Lancaster
irector, DCD
PACER
MAY 31 1996
CC.YA./{ I LYN I T Y
D VEL,OF'o'liEN
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
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Surfhce 11:►tcr Management Division
Department of Public Works
700 Fifth Avenue Suite 2200
Seattle. IVA 98104
(206) 296 -6519
(206) 296.0192 FAX
March 23, 1995
Steve Lancaster, Director
Department of Community Development
City of Tukwila
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
RE: Permit Requirements for 1995 Segale Levee Maintenance Repairs
Dear Mr. Lancaster:
The purpose of this letter is to request an exemption from City of Tukwila permit requirements
for 1995 maintenance repairs to the Segale Levee on the left bank of the Green River in the
City of Tukwila. The levee is currently being referred to as the Central Business District Levee
by City of Tukwila Public Works Department staff.
The Green River Flood Control Zone District (District) and City of Tukwila are cooperative
partners in completion of the 5815,095 Segale Levee Stabilization Project through the federal
Hazard Mitigation Grant Program (HMGP). A 1994 interlocal agreement (enclosed) explains
local cost sharing arrangements for this project. The District is administered by King County.
Repairs to the Segale Levee have been the highest priority project on the District's annual
maintenance list for the past four years. High costs delayed prior completion of the work.
Federal and state grant funds available through the HMGP will now allow levee maintenance
repairs to proceed. Recently - completed geotechnical studies at the Segale Levee as part of the
grant project also confirm the urgent need for these repairs.
The overall grant project has been divided into two phases: 1) riverward maintenance work to
be completed by King County Roads Division crews this summer, and 2) landward work to
address seepage problems, scheduled for installation in 1996.
In order to schedule riverward levee work, which must be completed this summer during the
construction window authorized by the State Department of Fish and Wildlife, it is necessary to
confirm with you that these repairs are categorically exempt from a formal issuance of a City of
Tukwila shorelines permit. This understanding is based on Section. 173- 14- 040(b) of the
Washington Administrative Code related to normal maintenance or repair of existing river
facilities. All maintenance activities performed by King County on behalf of the District are
carried out under a valid SEPA declaration in accordance with WAC 197 -11 -926. A
preliminary cross - section drawing and a vicinity map for the project have been attached for your
reference.
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Mr. Steve Lancaster
March 23, 1995
Page 2
Please confirm in writing that a maintenance exemption is applicable to proposed repairs at
the Segale Levee. If further City of Tukwila permitting applications or review are necessary,
please contact me as soon as possible. Public Works Director Ross Earnst and Senior
Engineer Phil Fraser may address specific questions related to the completion and high
priority of this work.
Please contact me at 296 -8388 if you have any questions. I look forward to receiving your
response to this important request.
Sincerely,
Dave Clark, Manager
. River Management Section
DC:SL:rsj6
Enclosures
cc: Ross Earnst, Director, Department of Public Works, City of Tukwila
ATTN: Phil Fraser, Senior Engineer
Andy Levesque, Senior Engineer
Stephanie Lucash, Program Coordinator
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(03/20/95) :.:•
SEGALE LEVEE REPAIR
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Title 197 WAC: Environmental Policy, Council on
[Statutory Authority: RCW 43.21C.110. 84- 05.020 (Order DE 83 -39), §
197.11.920. filed 2/10/84, effective 4/4/84.)
WAC 197 -11 -922 Lead agency rules. The rules for
deciding when and how an agency is the lead agency (WAC
.197 -11 -050) are contained in this part. The method and
criteria for lead agency selection are in \VAC 197 -11 -924.
Lead agency rules for different types of proposals as well as
for specific proposals are in WAC 197 -11 -926 through 197-
11 -940. Rules for interagency agreements are in \VAC 197-
11-942 through 197 -11 -944. Rules for asking the department
of ecology to resolve lead agency disputes are in \VAC 197-
11 -946. Rules for the assumption of lead agency status by
another agency with jurisdiction are in WAC 197 -11 -948.
[Statutory Authority: RCW 43.21C.110. 84 -05 -020 (Order DE 83.39). §
197-11-922, filed 2/10/84, effective 4/4/84.)
WAC 197 -11 -924 Determining the lead agency. (1)
The first agency receiving an application for or initiating a
nonexempt proposal shall determine the lead agency for that
proposal, unless the lead agency has been previously
determined, or the agency receiving the proposal is aware
that another agency is determining the lead agency. The
lead agency shall be determined by using the criteria in
WAC 197 -11 -926 through 197 -11 -944.
(2) If an agency determines that another agency is the
lead agency, it shall mail to such lead agency a copy of the
application it received, together with its determination of
lead agency and an explanation. If the agency receiving this
determination agrees that it is the lead agency, it shall notify
the other agencies with jurisdiction. If it does not agree, and
the dispute cannot be resolved by agreement, the agencies
shall immediately petition the department of ecology for a
lead agency determination under \VAC 197 -11 -946.
(3) Any agency receiving a lead agency determination
to which it objects shall either resolve the dispute, withdraw
its objection, or petition the department for a lead agency
determination within fifteen days of receiving the determina-
tion.
(4) An applicant may also petition the department to
resolve the lead agency dispute under WAC 197 -11 -946.
(5) To make the Lead agency determination, an agency
must determine to the best of its ability the range of pro-
posed actions for the proposal ( \VAC 197 -11 -060) and the
other agencies with jurisdiction over some or all of the
proposal. This can be done by:
(a) Describing or requiring an applicant to describe the
main features of the proposal;
. (b) Reviewing the List of agencies with expertise;
(c) Contacting potential agencies with jurisdiction either
orally or in writing.
[Statutory Authority: RCW 43.216.110. 84 -05 -020 (Order DE 83-39), §
197.11 -924, filed 2/10/84, effective 4/4/84.)
WAC 197-11-926 Lead agency for governmental
proposals. (1) When an agency initiates a proposal, it is the
lead agency for that proposal. If two or more agencies share
in the implementation of a proposal, the agencies shall by
agreement determine which agency will be the lead agency.
For the purposes of this section, a proposal by an agency
does not include proposals to license private activity.
[TItle 197 WAC —p 44]
(2) Whenever possible, agency people carrying out
SEPA procedures should be different from agency people
making the proposal.
[Statutory Authority: RC \ \' 43.21C.110. 84-05-020 (Order DE 83.39), §
197-11-926, filed 2/10/84, effective 4/4/84.)
WAC 197- 11 -92S Lead agency for public and
private proposals. When the proposal involves both private
and public activities, it shall be characterized as either a
private or a public project for the purposes of lead agency
designation, depending upon whether the primary sponsor or
initiator of the project is an agency or from the private
sector. Any project in which agency and private interests
are too intertwined to make this characterization shall be
considered a public project. The lead agency for all public
projects shall be determined under WAC 197 -11 -926.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83 -39). §
197 - 11.928, filed 2/10/84, effective 4/4/84.]
WAC 197 -11 -930 Lead agency for private projects
with one agency with jurisdiction. For proposed private
projects for which there is only one agency with jurisdiction,
the lead agency shall be the agency with jurisdiction.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83 -39), §
197 -11 -930, filed 2/10/84, effective 4/4/84.]
WAC 197 -11 -932 Lead agency for private projects
requiring licenses from more than one agency, when one
of the agencies is a county /city. For proposals for private
projects that require nonexempt licenses from more than one
agency, when at least one of the agencies requiring such a
license is a county /city, the lead agency shall be that county/
city within whose jurisdiction is located the greatest portion
of the proposed project area, as measured in square feet.
For the purposes of this section, the jurisdiction of a county
shall not include the areas within the limits of cities.or towns
within such county.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83 -39), §
197 -11 -932, filed 2/10/84, effective 4/4/84.)
WAC 197 -11 -934 Lead agency for private projects
requiring licenses from a local agency, not a county /city,
and one or more state agencies. When a proposed private
project requires nonexempt licenses only from a local.agency
other than a count' /city and one or more state agencies, the
lead agency shall be the local agency.
[Statutory Authority: RCW 43?1C.110. 84 -05 -020 (Order DE 83 -39), §
197 -11 -934, filed 2/10/84, effective 4/4/844
\S'AC 197 -11 -936 Lead agency for private projects
requiring licenses from more than one state agency. (1)
For private projects which require licenses from more than
one state agency, but require no license from a county /city,
the lead agency shall be one of the state agencies requiring
a license, based upon the following order of priority:
(a) Department of ecology.
(b) Department of social and health services.
(c) Department of natural resources.
(d) Department of fisheries.
(e) Department of game.
(1992 Ed.)
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WAC 173 -14 -040 Developments exempt from
substantial development permit requirement. (1) The
following developments shall not require substantial develop-
ment permits:
(a) Any development of which the total cost or fair
market value, whichever is higher, does not exceed two
thousand five hundred dollars, if such development does not
materially interfere with the normal public use of the water
or shorelines of the state.
(b) Normal maintenance or repair of existing structures
or developments, including damage by accident, fire or.
elements. "Normal maintenance" includes those usual acts
to prevent a decline, lapse, or cessation from a lawfully
established condition. "Normal repair" means to restore a.
development to a state comparable to its original condition
within a reasonable period after decay or partial destruction
except where repair involves total replacement which is not
common practice or causes substantial adverse effects to the
shoreline resource or environment;
(c) Construction of the normal protective bulkhead
common to single- family residences. A "normal protective"
bulkhead is constructed et or near the ordinary high water
mark to protect a single family residence and is for protect-
ing land from erosion, not for the purpose of creating land.
Where an existing bulkhead is being replaced, it shall be
constructed no further waterward of the existing bulkhead
than is necessary for construction of new footings;
(d) Emergency construction necessary to protect
property from damage by the elements. An "emergency" is
an unanticipated and imminent threat to public health, safety,
or the environment which requires immediate action within
a time too short to allow full compliance with this chapter;
(e) Construction and practices normal or necessary for
farming, irrigation, and ranching activities, including agricul-
tural service roads and utilities on wetlands, construction of
a barn or similar agricultural structure, and the construction
and maintenance of irrigation structures including but not
limited to head gates, pumping facilities, and irrigation
channels; Provided, That a feedlot of any size, all process-
ing plants, other activities of a co,nmercial nature, alteration
of the contour of the wetlands by leveling or filling other
than that which results from normal cultivation, shall not be
considered normal or necessary farming or ranching activi-
ties. A feedlot shall be an enclosure or facility used or
capable of being used for feeding livestock hay, grain,
silage, or other livestock feed, but shall not include land for
growing crops or vegetation for livestock feeding and /or
grazing, nor shall it include normal livestock wintering
operations;
(f) Construction or modification of navigational aids
such as channel markers and anchor buoys;
(g) Construction on wetlands by an owner, lessee or
contract purchaser of a single- family residence for his own
use or for the use of his family, which residence does not
exceed a height of thirty -five feet above average grade level
and which meets all requirements of the state agency or local
government having jurisdiction thereof, other than require-
ments imposed pursuant to this chapter. "Single- family
(1992 Ed.)
•
residence" t. ns a detached dwelling designed for and
occupied by one family including those structures and
developments within a contiguous ownership which are a
normal appurtenance. An "appurtenance" is necessarily
connected to the use and enjoyment of a single - family
residence and is located landward of the perimeter of a
marsh, bog, or swamp. On a state -wide basis, normal
appurtenances include a garage; deck; driveway; utilities;
fences; and grading which does not exceed two hundred fifty
cubic yards (except to construct a conventional drainfield).
Local circumstances may dictate additional interpretations of
normal appurtenances which shall be set forth and regulated
within the applicable master program. Construction�autho-
rized under this exemption shall be located landward of the
ordinary high water mark;
(h) Construction of a dock, designed for pleasure craft
only, for the private noncommercial use of the owners,
lessee, or contract purchaser of a single - family residence, for
which the cost or fair .market value, whichever is higher,
does not exceed two thousand five hundred dollars.
(i) Operation, maintenance, or construction of canals,
waterways, drains, reservoirs, or other facilities that now
exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of
system waters, including return flow and artificially stored
ground water from the irrigation of lands;
(j) The marking of property lines or corners on state
owned lands, when such marking does not significantly
interfere with normal public use of the surface of the water;
(k) Operation and maintenance of any system of dikes,
ditches, drains, or other facilities existing on the effective
date of the 1975 amendatory act which were created,
developed or utilized primarily as a part of an agricultural
drainage or diking system; and
(1) Any project with a certification from the governor
pursuant to chapter 80.50 RCW.
• (2) Exemptions shall be construed narrowly.
(3) Exempted developments authorized by local govern-
ment shall be consistent with the policies and provisions of
the act and the applicable master program.
[Statutory Authority: Chapter 90.58 RCN. 86-12-011 (Order 86416). §
173-14-040. filed 5/23/86. Statutory' Authority: RC\V 90.58.030, 90.58.120
and 90.58 200. 85 -09 -043 (Order DE 85-05), § 173 -14 -040. filed 4/15/85.
Statutory Authority: RCW 90.5S.200. 78 -07 -011 (Order DE 78.7). § 173 -
14 -040, filed 6/14/78; Order DE 76 -17, § 173.14 -040, filed 7/27/76; Order
DE 75-28, § 173 -14 -040, filed 12/4/75; Order DE 75.22, § 173 -14 -040,
filed 10/16/75; Order 71 -IS, § 173-14-040, filed 12/16/71.1
WAC 173 -14 -050 Application of the permit system
to substantial development undertaken prior to the act.
Substantial development undertaken on the shorelines of the
state prior to the effective date of the act shall not require a
permit except under the following circumstances:
(1) Where the activity was unlawful prior to the
effective date of the act.
(2) Where there has been an unreasonable period of
dormancy in the project between its inception and the
effective date of the act.
(3) Where the development is not completed within two
years after the effective date of the act. In determining the
running of the two -year period hereof, those periods of time
after June 1, 1971, shall not be included during which :
[Title 173 WAC—p 2
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CONVERSATION RECORD
FILE: 42nd AVENUE RIVERBANK REPAIR -- PERMIT EXEMPTIONS
FROM: Ann Siegenthaler, DC
DATE: May 30, 1996
TYPE: Phone
WITH: Andy Levesque, KCSWM
KCSWM's submittal requesting exemption from SEPA & Shorelines permits is inadequate. Letter from Clark
4/26 contained almost no info on nature of project; however a 5/29/96 project description provided to me by
Gary Schulz answered some questions. Andy says this is about same level of info they've submitted
previously, when DCD almost automatically granted exemptions (he mentioned as example 1995 Segale dike
repairs). I explained that even though this may be exempt from permits, I am required to ensure that project is
consistent w /shoreline policies & regs. Before I approve exemption, I need more info.
Andy clarified that this is "normal maintenance or repair" of an existing structure, and part of an annual, on-
going maintenance program that KCSWM has for entire river. It's part of City's agreement w/KCSWM
under Green River Flood Control District. SEPA for entire project was completed a long time ago, so they
see this also as on -going maintenance under that original SEPA. Purpose of letter from Clark was to keep us
informed, and to make sure that the City is still OK with the work KCSWM is doing. If City requires SEPA
or shore permit, they will comply, but they believe work is exempt, and repairs should not be delayed any
longer. I believe exemptions for both are appropriate, but need to make sure of project impacts first.
Andy clarified that 470 1.f for entire project; says approx. 200' at Community Center, 150' at fire station,
120' at 118th. My site inspection 5/30 reveals that all along 42nd are large maple and cottonwood trees; I
expressed concern about potential impacts to trees. Andy assures me that trees will not be harmed, as trees are
not in areas where work is to occur. I stressed the importance of this.
When does project need to start? I explained that project engineer for 42nd Avenue street improvements
project is concerned about possible conflicts. I told Andy that work in front of TCC MUST be finished by
July to not interfere w /42nd improvements. Andy feels this should not be a problem; he wants to start work
right away. Says that, of the 3 sites, TCC will be scheduled last; however, he believes his work will be done
before 42nd Avenue improvements begin. I will try to get exemption approved in the next few days.
What/where are details for the project? Andy has not yet finished getting together all of the drawings required
by Fisheries for HPA. That's one reason why no drawings submitted w /exemption request. He now has some
drawings that he can give me, for the willow plantings and the woody debris placement. He explained that all
of KCSWM's work follows the KC Guidelines for Riverbank Stabilization. These were adopted in 1990 by
KCC in the KC Flood Hazard Reduction Plan. The work KCSWM doing is all part of City's 1990 interlocal
agreement w/KCSWM in which we agreed work would be done according to KC standards.
Where is 18" water main? Andy says it's at the footbridge. I was concerned about potential impacts to water
main, and submittal doesn't show where it is or what a cross section in that area looks like. I asked Andy to
give me assurances that he has coordinated this all w/Phil Fraser, and that work will not in any way damage
water main. Andy says work will stay a minimum of 7' away, so main not impacted. He has been out to site
w/Phil, has had several discussions w/him; Phil is OK with the work.
Who owns property? All in City ROW or are portions private prop? Andy clarified that work will be entirely
on river side, within City right -of -way. I explained my concern that a big backhoe or staging areas or
stockpiles might encroach onto some of to residences. Andy said at most occasionally large equipment
might be parked in front of someone's house, but that this unavoidable, and they would stay in ROW.
Corps Public Notice Number? I explained to Andy that the State's required info on shoreline "Notice of
Exemption" includes a Corps Public.Notice Number for any project that requires Section 10 or Section 404
permit. Andy has never heard of that; however, project does require Section 404, and has a Nation Wide
Perniit 3. I will use that for "notice number."
cc: File
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1 •
42ND AVENUE RIVERBANK REPAIR PROJECT
QUESTIONS /ISSUES FOR ANDY & GARY (5/29/96)
Need better project description -- Clark's 2 sentence description not adequate.
470 if = entire project or for each of 3 sections?
What is length of each segment?
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When does project need to start? w =
Work in front of TCC MUST be finished by end of June, to not interfere w /42nd LL;
improvements. 'w O
Why is this an "emergency ?" •g ar
Where /when is HPA permit? Is it necessary? w'
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Does project have Corps Section 10 permit? Public Notice Number? z
Did KCSWM already do SEPA exemption or do they need from Tukwila? v o
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Who owns property? All in City ROW or are portions private prop? w '
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Where is detail /plan for geogrid/willows? O
If using KC riverbank stabilization manual, need to specify in project description.
Where is 18" water line? Need cross section of work at waterline, or statement that work will
be x feet away, or not impacted.
For Phil: Has PW reviewed for potential impacts to waterline?
Where is detail /plan for woody debris?
What does "logs" mean on project chart - -if = woody debris, why 10, vs. 25 stated elsewhere?
For Robin: Will timing interfere w /42nd Avenue improvement schedule? or damage new
improvements?
For Randy: Will project timing interfere w /community center schedule /work?
CITY OF TUKWILA
EXEMPTION FROM SHORELINE
MANAGEMENT ACT SUBSTANTIAL
DEVELOPMENT PERMIT REQUIREMENT
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(name and address of the applicant) W W • The proposal by to undertake —Jmi
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(name of applicant)
the following development
upon the following property
(legal description, i.e., section to
the nearest quarter section)
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is exempt from the requirements of a substantial development v'
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(Identify exemptions as outlined in WAC 173 -14 -040)
NA!/' 23/ gee.71'c' 1 409-
(Corps Public Notice Number if Available)
The proposed development is consistent or inconsistent with:
CHECK ONE:
CONSISTENT INCONSISTENT
Policies of the Shore-
❑ ❑ line Management Act
The guidelines of the
Department of Ecology
❑ ❑ where no master program
has been finally approved
or adopted by the department.
❑ ❑ The master program
(Date) Director, Planning Dept.
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SEPA Rules ') 197 -11 -800
purposes, (weaving, climbing, speed change, etc.), where
capacity is not significantly increased and no new right of
way is required, channelization and elimination of sight
restrictions at intersections, street lighting, guard rails and
barricade installation, installation of catch basins and
culverts, and reconstruction of existing roadbed (existing
curb -to -curb in urban locations), including adding or widen-
ing of shoulders, addition of bicycle lanes, paths and
facilities, and pedestrian walks and paths, but not including
additional automobile lanes.
(d) Grading, excavating, filling, septic tank installations,
and landscaping necessary for any building or facility
exempted by subsections (1) and (2) of this section, as well
as fencing and the construction of small structures and minor
facilities accessory thereto.
(e) Additions or modifications to or replacement of any
building or facility exempted by subsections (1) and (2) of
this section when such addition, modification or replacement
will not change the character of the building or facility in a
way that would remove it from an exempt class.
(f) The demolition of..any structure or facility, the
construction of which would be exempted by subsections (1)
and (2) of this section, except for structures or facilities with
recognized historical significance.
(g) The installation of impervious underground tanks,
having a capacity of 10,000 gallons or less.
(h) The vacation of streets or roads.
(i) The installation of hydrological measuring devices,
regardless of whether or not on lands covered by water.
(j) The installation of any property, boundary or survey
Mmarker, other than fences, regardless of whether or not on
`' lands covered by water.
2 (3) Repair, remodeling and maintenance activities.
()° Tne following activities shall be categorically exempt except:
The repair, remodeling, maintenance, or minor alteration of
existing private or public structures, facilities or equipment,
1 including utilities, involving no material expansions or
6�- changes in use beyond that previously existing; except that,
F
where undertaken wholly or in part on lands covered by
water, only minor repair or replacement of structures may be
V exempt (examples include repair or replacement of piling,
ramps, floats, or mooring buoys, or minor repair, alteration,
ie or maintenance of docks). The following maintenance
activities shall not be considered exempt under this subsec-
tion:
(a) Dredging;
• (b):Reconstruction/maintenance of groins and similar
shoreline protection structures; or
(c) Replacement of utility cables that must be buried
under the surface of the bedlands. Repair /rebuilding of
major dams, dikes, and reservoirs shall also not be consid-
ered exempt under this subsection.
(4) Water rights. The following appropriations of
water shall be exempt, the exemption covering not only the
permit to appropriate water, but also any hydraulics permit,
shoreline permit or building permit required for a normal
diversion or intake structure, well and pumphouse reasonably
necessary to accomplish the exempted appropriation, and
including any activities relating to construction of a distribu-
tion system solely for any exempted appropriation:
(3/31/95)
(a) Appropriations of fifty cubic feet per second or less
of surface water for irrigation purposes, when done without
a government subsidy.
(b) Appropriations of one cubic foot per second or less
of surface water, or of 2,250 gallons per minute or less of
ground water, for any purpose.
(5) Purchase or sale of real property. .The following
real property transactions by an agency shall be exempt:
(a) The purchase or acquisition of any right to real
property.
(b) The sale, transfer or exchange of any publicly owned
real property, but only if the property is not subject to an
authorized public use.
(c) The lease of real property when the use of the
property for the term of the lease will remain essentially the
same as the existing use, or when the use under the lease is
otherwise exempted by this chapter.
(6) Minor land use decisions. The following land use
decisions shall be exempt:
(a) Except upon lands covered by water, the approval of
short plats or short subdivisions pursuant to the procedures
required by RCW 58.17.060, but not including further short
subdivisions or short platting within a plat or subdivision
previously exempted under this subsection.
(b) Granting of variances based on special circumstanc-
• es, not including economic hardship, applicable to the
subject property, such as size, shape, topography, location or
surroundings and not resulting in any change in land use or
density.
(c) Classifications of land for current use taxation under
chapter 84.34 RCW, and classification and grading of forest
land under chapter 84.33 RCW.
(7) School closures. The adoption and implementation
of a plan, program, or decision for the closure of a school or
schools shall be exempt. Demolition, physical modification
or change of a facility from a school use shall not be exempt
under this subsection.
(8) Open burning. Opening burning and the issuance
of any license for open burning shall be exempt. The
adoption of plans, programs, objectives or regulations by any
agency incorporating general standards respectit}g open
burning shall not be exempt.
(9) Variances under Clean Air Act. The granting of
variances under RCW 70.94.181 extending applicable air
pollution control requirements for one year or less shall be
exempt.
(10) Water quality certifications. The granting or
denial of water quality certifications under the Federal Clean
Water Act (Federal Water Pollution Control Act amendments
of 1972, 33 U.S.C. 1341) shall be exempt.
(11) Activities of the state legislature. All actions of
the state legislature are exempted. This subject on does not
exempt the proposing of legislation by an agency (WAC
197 -11 -704).
(12) Judicial activity. The following shall be exempt:
(a) All adjudicatory actions of the judicial branch.
(b) Any quasi - judicial action of any agency if such
action consists of the review of a prior administrative or
legislative decision. Decisions resulting from contested cases
or other hearing processes conducted prior to the first
decision on a proposal or upon any application for a rezone,
conditional use permit or other similar permit not otherwise
[Ch. 197 -11 WAC-p. 33]
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3 -44 -030 - ermits for Developments on Shorelines
(6) "Exempt" developments are those set forth in
WAC 173 -14 -040 which do not meet the definition of
substantial development under RCW 90.58.030 (3)(e);
(7) "Fair market value" of a development is the ex-
pected price at which the development can be sold to a
willing buyer. For developments which involve nonstruc-
tural operations such as dredging, drilling, dumping, or
filling, the fair market value is the expected cost of
hiring a contractor to perform the operation or where no
such value can be calculated, the total of labor, equip-
ment use transportation, and other costs incurred for
thc duration of the permitted project;
(8) "Final order" includes thc approval or disapproval
of a permit, or a letter of exemption as set forth in
WAC 173 -14 -115;
(9) "Height" is measured from average grade level to
the highest point of a structure: Provided, That televi-
sion antennas, chimneys, and similar appurtenances shall
not be used in calculating height, except where it ob-
structs the view of a substantial numbcr of residences on
areas adjoining such shorelines, or the applicable master
program provides otherwise: Provided further, That
temporary construction equipment is excluded in this
calculation;
(10) "Local government" means any county, incorpo-
rated city, or town which contains within its boundaries
any lands or waters subject to this chaptcr;
(11) "Natural or existing topography" means the to-
pography of the lot, parcel, or tract of real property im-
mediately prior to any site preparation or grading,
including excavation or filling;
(12)"Party of record" includes all persons who have
notified local government of their desire to receive a
copy of the final order on a permit under WAC 173 -14-
070;
(13) "Permit" means any substantial development,
variance, conditional use permit, or revision authorized
under chapter 90.58 RCW;
(14) "Public interest" means the interest shared by
the citizens of the state or community at large in the af-
fairs of government, or some interest by which their
rights or liabilities are affected such as an effect on
public property or on health, safety, or general welfare
resulting from a use or development;
(15) "Structure" means a permanent or temporary
edifice or building, or any piece of work artificially built
or composed of parts joined together in some definite
manner, whether installed on, above, or below the sur-
face of the ground or water, except for vessels;
(16) "Transmit" means to send from one person or
place to another by nail or hand delivery. The date of
transmittal for mailed items is the date that the depart-
ment's final order is certified for mailing or, for hand -
delivered items, is the date of receipt at the destination;
and
(17) 'Variance" is a means to grant relief from the
specific bulk, dimensional or performance standards set
forth in the applicable master program and not a means
to vary a use of' a shoreline;
(18) "Vessel" includes ships, boats, barges, or any
other floating craft which are designed and used for
[Ch. 173-14 WAC -p 21
navigation and do not interfere with the normal public
use of the water.
(19) The definitions and concepts set forth in RCW
90.58.030 also apply as used herein. [Statutory Author-
ity: RCW 90.58.120 and 90.58.200. 88 -19 -004 (Order
DE 88 -23), § 173 -14 -030, filed 9/8/88. Statutory Au-
thority: Chapter 90.58 RCW. 86 -12 -011 (Order 86-
06), § 173 -14 -030, filed 5/23/86. Statutory Authority:
RCW 90.58.200. 78 -07 -011 (Order DE 78 -7), § 173-
14 -030, filed 6/14/78; Order DE 76 - -17, § 173 -14. 030,
filed 7/27/76; Order DE 75 -22, § 173 -14 -030, filed
10/16/75; Order 71 -18, § 173 -14 -030, filed 12/16/71.1
WAC 173 -14 -040 Developments exempt from sub-
stantial development permit requirement. (1) The follow-
ing developments shall not require substantial
development permits:
(a) Any development of which the total cost or fair
market value, whichever is higher, does not exceed two.
thousand five hundred dollars, if such development does
not materially interfere with the normal public use of
the water or shorelines of the state.
(b) Normal maintenance or repair of existing struc-
tures or developments, including damage by accident,
fire or elements. "Normal maintenance" includes those
usual acts to prevent a decline, (apse, or cessation from a
lawfully established condition. "Normal repair" means
to restore a development to a state comparable to its
original condition within a reasonable period after decay
or partial destruction .except where repair involves total .
replacement which is not common practice or causes
substantial adverse effects to the shoreline resource or
environment;
Sc) Construction of the normal protective bulkhead
common to single- family residences. A "normal protec-
tive" bulkhead is constructed at or near the ordinary
high water mark to protect a single family residence and
is for protecting land from erosion, not for the purpose
of creating land. Where an existing bulkhead is being
replaced, it shall be constructed no further waterward of
the existing bulkhead than is necessary for construction
of new footings; -
(d) Emergency construction necessary to protect
property from damage by the elements. An "emergency"
is an unanticipated and imminent threat to public
health, safety, or the environment which requires imme-
diate action within a time too short to allow full compli-
ance with this chapter;
(c) Construction and practices normal or necessary
for farming, irrigation, and ranching activities, including
agricultural service roads and utilities on wetlands, con-
struction of a barn or similar agricultural structure, and
the construction and maintenance of irrigation structures
including but not limited to head gates, pumping facili-
ties, and irrigation channels: Provided, That a feedlot of
any size, all processing plants, other activities of a com-
mercial nature, alteration of the contour of the wetlands
by leveling or filling other than that which results from
normal cultivation, shall not be considered normal or
necessary farming or ranching activities. A feedlot shall
be an enclosure or facility used or capable of being used
wraMmVf.r,w' Y *"rnrrar�m 0 y� ^r� t` z sms�c^vsa •. ,� r ...� ^u � . .T o ., , .... .. ,�
(9/x/88).
Permits for Developments on Shorelines
for feeding livestock hay, grain, silage, or other livestock
feed, but shall not include land for growing crops or
vegetation for livestock feeding and /or grazing, nor shall
it include normal livestock wintering operations;
(f) Construction or modification of navigational aids
such as channel markers and anchor buoys;
(g) Construction on wetlands by an owner, lessee or
contract purchaser of a single - family residence for his
own use or for the use of his family, which residence
does not exceed a height of thirty -five feet above aver-
age grade level and which meets all requirements of the
state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to
this chapter. "Single- family residence" means a de-
tached dwelling designed for and occupied by one family
including those structures and developments within a
contiguous ownership which are a normal appurtenance.
An "appurtenance" is necessarily connected to the use
and enjoyment of a single- family residence and is lo-
cated landward of the, perimeter of a marsh, bog, or
swamp. On a state -wide basis, normal appurtenances
include a garage; deck; driveway; utilities; fences; and
grading which does not exceed two hundred fifty cubic
yards (except to construct a ,conventional drainfield).
Local circumstances may dictate additional interpreta-
tions of normal appurtenances which shall be set forth
and regulated within the applicable master program.
Construction authorized under this exemption shall be
located landward of the ordinary high water mark;
(h) Construction of a dock, designed for pleasure craft
only, for the private noncommercial use of the owners,
lessee, or contract purchaser of a single- family resi-
dence, for which the cost or fair market value, whichever
is higher,does not exceed two thousand five hundred
dollars.
(i) Operation, maintenance, or construction of canals,
waterways, drains, reservoirs, or other facilities that now
exist or are hereafter created or developed as a part of
an irrigation system for the primary purpose of making
use of system waters, including return flow and artifi-
cially stored ground water from the irrigation of lands;
(j) The marking of property lines or corners on state
owned lands, when such marking does not significantly
interfere with normal public use of the surface of the
water;
(k) Operation and maintenance of any system of
dikes, ditches, drains, or other facilities . existing on the
effective date of the 1975 amendatory act which were
created, developed or utilized primarily as a part of an
agricultural drainage or diking system; and
(1) Any project with a certification from the governor
pursuant to chapter 80.50 RCW.
(2) Exemptions shall be construed narrowly.
. (3) Exempted developments authorized by local gov-
ernment shall be consistent with the policies and provi-
sions of the act and the applicable master program.
[Statutory Authority: Chapter 90.58 RCW. 86 -12 -011
' (Order 86 -06), § 173 -14 -040, filed 5/23/86. Statutory
Authority: RCW 90.58.030, 90.58.120 and 90.58.200.
85-09-043 (Order DE 85 -05), § 173 -14 -040, filed
(9/x/88)
ti!Weft?iZ'�: Y+7
+rAmcs'= Z. -VIEV ..'.M17- wn!Nw*wrRpnssa- .r-^t*r••-7-=
4/15/85. Statutory Authority: RCW 90.58.200. 78 -07 --
01 1 (Order DE 78 -7), § 173 -14 -040, filed 6/14/78;
Order DE 76 -17, § 173 - -14 -040, filed 7/27/76; Order
DE 75 - -28, § 173 -14 -040, filed 12/4/75; Order DE 75.
22, § 173-14-040, filed' 10/16/75; Order 71-18, § 173
14 -040, filed 12/16/711
WAC 173 -14 -050 Application of the permit system
to substantial development undertaken prior to the act.
Substantial development undertaken on the shorelines of
the state prior to the effective date of the act shall not
require a permit except under the following
circumstances:
(1) Where the activity was unlawful prior to the ef-
fective date of the act.
(2) Where there has been an unreasonable period of
dormancy in the project between its inception and the
effective date of the act.
(3) Where the development is not completed within
two years after the effective date of the act. In deter-
mining the running of the two -year period hereof, those
periods of time after June 1, 1971, shall not be'included
during which a development was not actually pursued by
construction and the pendency of litigation reasonably
related thereto made it reasonable not to so pursue.
(4) Where substantial development occurred- prior to
the effective date of thc act on a shoreline and continued
on to a different lake, river or tributary after the effec-
tive date, a permit shall be required for the development
undertaken after the effective date.
Substantial development undertaken prior to the ef-
fective date of the act shall not continue without a per-
mit into other phases that were not part of the plan
being followed at the time construction commenced.
[Statutory Authority: RCW 90.58.200. 78 -07 -011 (Or-
der DE 78 -7), § 173- 14 -050, filed 6/14/78; Order 73-
23, § 173 -14 -050, filed 10/23/73; Order 71- -18, § 173
14 -050, filed 12/16/71.]
WAC 173 -14 -055 Nonconforming debelopntent
standards. Where nonconforming development-standards
do not exist in the applicable master program, the fol-
lowing definitions and standards shall apply:
(1) "Nonconforming development" means a shoreline
use or structure which was lawfully constructed or es-
tablished prior to the effective date of the act or the ap-
plicable master program, or amendments thereto, but
which does not conform to present regulations or stan-
dards of the program or policies of the act;
(2) Nonconforming development may be continued
provided that it is not enlarged, intensified, increased, or
altered in any way which increases its nonconformity;
(3) A nonconforming development which is moved
any distance must be brought into conformance with the
applicable master program and the act;
(4) If a nonconforming development is damaged to an
extent not exceeding seventy -five percent replacement
cost of thc original structure, it may be reconstructed to
those configurations existing immediately prior to the
time the structure was damaged, so long as restoration is
completed within one year of the date of damage:
[Ch. 173 -14 ■AC - -•p 31
3.
4.
Permits for Developments on Shorelines
Relation of applicant to property:
Owner
Purchaser
Lessee
Other
Name and address of owner, if other than applicant
5. General location of proposed project (please list
section to the nearest quarter section, township, and
range)
6. Name of water area and /or wetlands within which
development is proposed
7. Current use of the property with existing improve-
ments
8. Proposed use of property (Please be specific)
9. (To be complcted.by local official.) Nature of the
existing shoreline. (Describe type of shoreline, such
as marine, stream, lake, lagoon, marsh, bog,
swamp, flood plain; floodway, delta; type of beach,
such as accretion, erosion, high bank, low bank, or
dike; material such as sand, gravel, mud, clay, rock,
riprap; and extent and type of bulkheading, if any:)
10. (To be completed by local official.) In the event that
any of the proposed buildings or structures will ex-
ceed a height of thirty —five feet above the average
grade level, indicate the approximate location of
and number of residential units, existing and poten-
tial, that will have an obstructed view.
11. (To be completed by local official.) If the application
involves a conditional use or variance, set forth in
full that portion of the master program which pro-
vides that the proposed use may be a conditional
use, or, in the case of a variance, from which the
variance is being sought.
PROJECT DIAGRAMS: Draw all site plans and maps to
scale, clearly indicating scale on lower right —hand corner
and attach them to the application.
(9/8/88)
173 -14 -115
(a) SITE PLAN: Include on plan:
(1) Site boundary.
(2) Property dimensions in vicinity of project.
(3) Ordinary high —water mark.
(4) Typical cross section or sections showing:
(i) Existing ground elevations.
(ii) Proposed ground elevation.
(iii) ((eight of existing structures.
(iv) Height of proposed structures.
(5) Where appropriate, proposed land contours using
five —foot intervals in water area and ten- foot intervals
on areas landward of ordinary high-water mark, if de-
velopment involves grading, cutting, filling, or other al-
teration of land contours.
(6) Show dimensions and locations of existing struc-
tures which will be maintained.
(7) Show dimensions and locations of proposed
structures.
(8) Identify source, composition, and volume of fill
material.
(9) Identify composition and volume of any •extracted
materials, and identify proposed disposal area.
(10) Location of proposed utilities, such as sewer,
septic tanks and drainfields, water, gas, electricity.
(11) If the development proposes septic tanks, does
proposed development comply with local health and state
regulations?
(12) Shoreline designation according to master
program.
(13) Show which areas are shorelines and which are
shorelines of state —wide significance.
(b) VICINITY MAP.
(1) Indicate site location using natural points of ref-
erence (roads, state highways, prominent land marks,
etc.).
(2) If the development involves the removal of any
soils by dredging or otherwise, please identify the pro-
posed disposal site on the map. If the disposal site is be-
yond the confines of the vicinity map, provide.aaothcr
vicinity map showing the precise location of the disposal
site and its distance to the nearest city or town.
(3) Give a brief narrative description of the general
nature of the improvements and land use within one
thousand feet in all directions from development site.
(i.e.,. residential to the north, commercial to the south,
etc.) [Statutory Authority: RCW 90.58.200. 78-07-011
(Order DE 78 -7), § 173 -14 -110, filed 6/14/78; Order
DE 76 -17, § 173 -14 -110, filed 7/27/76: Order DE:. 75.
22, § 173-14-110, filed 10/16/75; Order 71 -18, § 173-
14--110, filed 12/16/711
WAC 173 -14 -115. Letter of exemption. Whenever a
develop.173-14-1.15.,,
ent falls within the exemptions stated in WAC
173 -14 -040 and the development is subject to a U.S.
Corps of Engineers section 10 permit. under the Rivers
and Harbors Act of 1899, or a section 404 permit under
the Federal Water Pollution Control Act of 1972, the
local government shall prepare a letter. addressed to the
applicant and the department,'exempting` the •develop -.
ment from the substantial development permit require-
ments of chapter 90.58 RCW. This exemption shall be
ICh. 173 -14 WAC —r
ti
RIVER MAINTENANCE PROGRAM
PERMIT APPLICATION CHECKLIST
Project Name:
River:
Project Manager:
Project Ecologist:
Start and End Dates:
HPA (check one):
42nd Ave South
Green
Andy Levesque
Ruth Schaefer
Org/Project Numbers:
RM Location: •
Phone:
Phone:
SEPA Date:
7.1 -7.2
296 -8379
296 -8365
renew existing permit x new application.
Shorelines exemption (check one): Letter is already stint; City of Tukwila jurisdiction
x_ repair /maintain existing facility _x imminent threat funding emergency
Type of project:
Repair failed road shoulder embankment/revetment
Project description:
*Three sites along 42nd Avenue South have experienced slumping and sloughing failures, potentially
jeopardizing an 18" high pressure water main installed along the riverward road shoulder. Failed and
unstable embankment soils will be excavated and removed from the site. A toe buttress of 4' to 6'
diameter quarry rock will be installed below the ordinary high water line (OHW). Wood habitat elements
will be imbedded in the toe buttress. The embankment slopes above the OHW will be reconstructed with
live geogrid installations, consisting of native willow and dogwood cuttings in topsoil layers between lifts
of clean, compacted sand and gravel fill.
Total project length (lineal feet): 470 LF +/-
Total volume and type of material placed and /or removed (cubic yards):
Excavation = 3,300 yd3
Toe Rock = 1,225 yd3
Bank Fill = 756 yd3
Live Geogrid Fill = 900 yd3
Total surface area disturbed (square feet): 20,000 ft2
Disposal site for excavated material:
Licensed soil processing operators from King County bid book
' et.
RECr-» .
i ✓���''': 1�'ti '. ..1T
Number and size of Togs with and without rootwads:
25 logs with rootwads
25 - 50 pieces of brushy tree tops
Equipment used:
10 yd dump trucks
PC 120 Kubota trackhoe
PL -350 or PL-400 Kubota trackhoe as needed
Access and staging areas:
Access will be from the existing road shoulder. Excavation and filling will be kept a minimum of ten feet away
from the existing water main.
Erosion control plan:
All instream work below the OHW line will be accomplished at low tide. Work will proceed during late May
through late September. Banks will be constructed with live willow and dogwood cuttings for erosion control.
All fill areas will be covered with coir fabric and hydroseeded.
Construction sequence and/or project phasing:
• Excavate failed embankment
• Dig excavated key for toe buttress
• Place wood habitat elements along muck shelf riverward of toe
• Place bedding for toe rock
• Place toe rock
• Place topsoil and cutting layer approx. 1.0' above OHW line
• Place coir fabric and compact lifts of clean fill
• Wrap coir to cover fill lifts
• Repeat with up to 5 layers of cuttings and 4 layers of coir wrapped fill lifts
• Place and compact clean fill to top of bank
cover with topsoil, wrap with coir and hydroseed
Attachments: photos
plan view
x cross- sectional view(s) •
x construction details (typicals)
planting plan
other (describe)
AL :acJ34/2 -96
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1996 GREEN RIVER FACILITY REPAIRS
RM
Loc.
Facility
Proj.
Mgr.
CD
Logs
Cost
($M)
Description
Green
42nd Ave.
AL
17
10
165
Repair failed bank;
LB
So..
replace toe rock; install
7.1 -7.2
geogrids and flow
deflectors.
17.6-
Boeing 17.8
TB
15
6
79
Repair failed bank;
18.0
replace toe rock; install
geogrids and flow
v
deflectors.
21.0-
Narita
AL
5
10
171
Repair failed bank;
21.3
replace toe rock; install
geogrids and flow
.
deflectors.
22.2-
Signature
AL
25
15
58
Repair failed bank;
22.3
Point
Lower
place toe rock; install
geogrids and flow
deflectors.
22.7-
Signature
AL
25
30
276
Repair failed bank;
22.8
Point
Upper
place toe rock; install
geogrids and flow
deflectors.
35.8 - .
Hamakami
JS
4
0
18
Reposition toe rock and
36.1
logs; repair geogrids;
plant upper bank.
Key:
CD = Crew Days
Project Managers
Phone
TB = Terry Butler 296 -1965
NF = Nancy Faegenburg 296 -8372
AL = Andy Levesque 296 -8379
TBA = To be assigned
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DESCRIPTION OF WORK, METHOD AND EQUIPMENT
Remove failed and unstable embankment materials down to bench elevation along 470'
riverbank segment. Cut deep trench into bench and place 4- 6'rock toe buttress on riprap
bedding below OHWM. Embed 25 logs with rootwads (min. 24" diam.) and 25 -50 pieces of
brushy tree tops in the toe buttress. Reconstruct embankment slopes above OHWM with live
geogrids consisting of native willow and dogwood cuttings in topsoil layers between up to
5 coir- wrapped lifts of clean, compacted sand and gravel fill. Hydroseed upper 6 -10' of
slope adjoining trail with grass and clover seed.
Equipment Used: 10 yd3 dump trucks, Kubota PC 120 trackhoe, Kubota PC 350 or PC400
trackhoe as needed, pickup trucks.
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King County
Surface Water Management Division
Department ofNatural Resources
700 5th Avenue Suite 2200
Seattle, WA98104
(206) 296 -6519
(206) 296-0192 FAX
April 26, 1996
Steve Lancaster, Director
Department of Community Development
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
?deaf. `5"PC L 7(
RECEIVED
APR 2 6 1996
COMMUNITY
DEVELOPMENT
RE: Maintenance Exemption for Proposed 1996 Flood Damage Repairs
Dear Mr. Lancaster:
This letter requests confirmation that flood damage repairs to the 42nd Avenue South
Revetment, scheduled for completion this summer, are exempt from formal issuance of a City of
Tukwila Shoreline Substantial Development permit and SEPA determination.
Three locations along the 42nd Avenue Road embankment were substantially damaged during
recent high flow events on the Green River in November/December 1995 and February 1996.
One of these repair sites is located adjacent to the new Tukwila Community Center and the
other two are at 11810 and 12026 42nd Avenue South, respectively, (see enclosed map and
project description). Based on a prioritization exercise to evaluate severity of damage and
potential for future hazards, this project was determined to be very high priority for completion
this summer.
My interpretation is that these repairs are exempt from shorelines substantial development
permit requirements pursuant to WAC 173- 14- 040(b). All repair activities at 42nd Avenue
South will be carried out by King County on the behalf of the Green River Flood Control Zone
District. All these repairs will be constructed under a valid SEPA declaration in accordance with
WAC 197 -11 -926.
cD
Steve Lancaster
April 26, 1996
Page 2
If you have any questions, please feel free to call me at 296 -8388. Andy Levesque of my staff
will be lead on the 42nd Avenue South Revetment. His direct line is 296 -8379. You may also
wish to discuss the details of these projects with Public Works Director, Ross Earnst or Senior
Engineer, Phil Fraser.
Sincerely,
Dave Clark, Manager
River Management Section
DC:SL:acj38
Enclosures (2)
cc: Ross Earnst, Director, City of Tukwila Public Works Department
Phil Fraser, Senior Engineer, City of Tukwila, Public Works Department
Paul Komoroske, Supervisory Civil Engineer, Seattle District Office U.S. Army Corps of
Engineers
ATTN: Charles If, Civil Engineer
Andy Levesque, Senior Engineer, Green River Basin Program
Stephanie Lucash, Coordinator, Green River Basin Program
Cyrilla Cook, Program Analyst
42nd Avenue South Revetment
PROJECT DESCRIPTION
A six -year frequency flood scoured out the rock and caused the river bank to slump in three
locations, as shown on the attached map. This proposal is to remove unstable soils, replace toe
rock and armor the bank of all three of the locations using riprap and geogrids.
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