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HomeMy WebLinkAboutPermit L95-0028 - STENSEN I M - SHORT PLATl95-0028 STENSEN SHORT PLAT 4434 S 150TH ST 10.0.1 0e1170717 0.10,10 ie., Ur VD 0, 10917101. MOH 0140, 00 0101 00001, COIR/01.7. .707. • .77V 070,001101.00141.011 4.00117Pg104 .07001.• 114 M.* TO 70 010,14 1.7001 1.0010 0V01.710 MGM 900 010100 PS0 n.,770100. 1.00.001 WK•0.41100 "IeVe0.74 70091 OMR M0c01011.7. WW1 000 0077000.1 1770711.• WORM 14.0010 — =STA= 9-u \ GOLF COURSE - OPERATIONS -..._ OFFICE TRAILER..... , ,, .....- _. , ..- ... . - , 7,44-274.7411-- ill Ic1F- Pre ill°11 .. , P. ,, .. ..p c i I I l / I G 1 4■T L C. 1 UM I L 11O1 RAN FOR WNW . • . / NOP NOCATR04 AT ,...' IITIL7ONTACE. . . ft 0 4 c11 2r . lilt C -. .., ,... _ -_ ... -gligal*liarliallilliTIMMIKAIRilitti illi7-. -Ii..._41101111.111E0110100AILW AI awirmitiamsramairemiwavAmmift. ""7"irl Aroma A 41.01S .H., ■ III 411111/ IOW MI MI NI/ luir .... nidway Nor - 0 IRATA1104 ALCM S TREET RTIONTA62 TO ROMAN O4.1441 RTTOO ORRRAIN. WILL O RONO NEMO AMTT REIMAT0W111.04 006,A0 COW* AT POMPTRIO AIVA6 ON unr NM CO 0.1R8 _ormesumeemosmairerri C00070 FrOPIT 04.010110171 .,w 70 YO IT IT Chy of Tukwila 13900 Iniesuthsu Ave. So. TAM* WA 9816S 206-4330179 N.* Rules ChM Wks Clubhouse 13300 [mamba,' Asa So. Tulosiik WA 93161 • 1701 BC, DK SS 11/05/02 VIM 0•T 00,11.V1 LANDSCANI PLAN 2200 = L-102 •4 1:1.).tii... Z. • Port of Seattler` July 2, 1998 5? /Vez OFF: Co NS,12 0 t'ooJ RECEIVED cdi V/ If A u c, PcitM (<S 7/(61F8, JUL 17 1999 COMMUNITY DEVELOPMENT Vernon Umetsu Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, Washington 98188 Reference: Permit for Shoreline Management Substantial Development File Number: L95 -0032 Fish and wildlife habitat restoration at Turning Basin Number Three, Duwamish Waterway, River Mile 5.3 Vernon Umetsu: As you know, the port is preparing to construct the intertidal fish and wildlife habitat restoration activities approved by your office (reference File Number L95- 0032). The project includes a shoreline excavation site measuring approximately 1.5 acres. Existing filled upland area would be excavated in order to restore approximately 1.3 acres of intertidal fish and wildlife habitat. In addition, the project includes removal of an existing storage building on upland area at the excavation site and removal of a derelict, burned ferry hull located on adjacent tideland. Removal of the ferry hull is an important element of the port's intertidal restoration project. Demolition of the derelict hull will restore intertidal conditions in approximately 10,800 square feet in addition to the 1.3 acre restoration excavation. The port has worked closely with the Corps of Engineers and the Washington Department of Fish and Wildlife to plan and design the fish and wildlife habitat restoration actions at Turning Basin Number Three. Copies of the Corps of Engineers and Department of Fish and Wildlife permits for the project are attached. In particular, actions necessary for demolition and removal of the derelict, burned ferry hull have been approved by the Washington Department of Labor and Industries and the Puget Sound Air Pollution Control Agency. Review of demolition activities by these agencies was necessary to ensure that all aspects of demolition are fully controlled and meet with health and safety requirements. Removal of the ferry hull is clearly beneficial from the perspective of aquatic fish and wildlife habitat restoration. The demolition activity, as indicated in the attached state and federal permits, is linked with the larger intertidal restoration excavation on the adjacent site. It is hoped that demolition permit and haul route approvals from the City of Tukwila can be obtained by the port's contractor in order to accomplish removal of the ferry hull. Since the ferry hull removal is part of a site -wide fish and wildlife habitat restoration action, it is appropriate that demolition activities can be considered in light P.O. Box 1209 Seattle, WA98111 U.S.A. (206) 728.3000 TELEX 703433 FAX (206) 728.3252 V. Umetsu, Page 2 of the 1996 Shoreline Management Permit and Enforcement Procedures, providing for streamlined review of actions proposed for improving fish, wildlife habitat, and fish passage (WAC 173 -27 -040, Exemptions, Section-- (2)(o) and (p), Chapter 173 -27 WAC, page 4, attached). Thank you for your patience and consideration of the above. Please contact me at 728 -3194, if I can provide additional information. 1'O 11TTCNTION or DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-2255 DEC 1 2 1991 Port of Seattle Environmental Management Section Post Office Box 1209. Seattle, Washington 98111 Reference: 95 -2 -00970 Seattle, Port of Gentlemen: Enclosed is a Department of the Army permit which authorizes performance of the work described in your referenced application. You are cautioned that any change in the location or plans of the work will require submittal of a revised plan to this office for approval prior to accomplishment. Deviation from approved plans may result in imposition of criminal or civil penalties. Your attention is drawn to General Condition 1 of the permit which specifies the expiration date for completion of the work. You are requested to notify this office of the date the work is completed. Enclosure NPS FL 1145 -7 APR 91 (Rev) JONsammumwommmgmmworr Sincerely, Thomas F. Mueller Chief, Regulatory Branch DEPARTMENT OF THE ARMY PERMIT Permittee: Port of Seattle Port of Seattle Environmental Management Section Permit No: 95 -2 -00970 Post Office Box 1209 Seattle, Washington 98111 Issuing Office: Seattle District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Demolish existing wooden pier; drive piling and construct a 400 -foot concrete extension to the existing Terminal 5 (T -5) pier apron; dredge 35,000 cubic yards of sediment and dispose of at the Puget Sound Dredged Disposal Analysis Elliott Bay Open Water Disposal site; discharge 27,000 cubic yards of fill and riprap in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit. Project Location: In the West Waterway, Duwamish Waterway, Puget Sound at Seattle, Washington. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on DEC ( 2 2000 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. . ~ W. ce 2, .C); ,U O! (n O W co LLi W0 q J. LL 22 a F W H 01 .ZI—;. W W: O 1—' ;W Wj LL 0; Ii! N; V : • Z This notice of authorization must be conspicuously displayed at the site of work_ United States Army Corps of Engineers DEMOLISH EXISTING WOODEN PIER; DRIVE PILING AND CONSTRUCT A 400 -FOOT CONCRETE EXTENSION TO THE EXISTING TERMINAL 5 (T -5) 19 PIER APRON; DREDGE 35,000 CUBIC YARDS OF SEDIMENT AND DISPOSE OF AT THE PSDDA ELLIOTT BAY OPEN -WATER DISPOSAL SITE; AND DISCHARGE 27,000 CUBIC YARDS OF FILL AND RIPRAP (ADD ONE NEW CARGO CONTAINER BERTH A permit to TO T -5) IN THE WEST WATERWAY. DUWANNISH WATERWAY, PUGET SOUND Oz!, I )097 at SEATTLE. WASHINGTON has been issued to PORT OF SEATTLE on ENVIRONMENTAL MANAGEMENT SECTION Address of Permittee Y'OST OFFICE BOX 1209, SEATTLE. WASHINGTON 98111 DEC 1 2 19gi: 19 Permit Number 95 -2 -00970 ENG FORM 40 8 , Jul 8 i (ER 1145-2-303} °_JITfON OF JUL 70 MAY BE U 3E0 :JAMES M. RIGS BY",-) {district Commander COLONEL, CORPS OF ENGINEERS (Proponent: C.irN•CWC) Port of Seattle 7. After a detailed and careful review of all of permit, the permittee acknowledges that, although the Corps of Engineers, nonetheless the permittee voluntarily to facilitate issuance of the permit; with all the terms of all the permit conditions. Special Conditions: the conditions contained in this said conditions were required by agreed to those conditions the permittee will comply fully a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. The permittee shall complete the mitigation as outlined in the Appendix F -7 of the Final Environmental Impact Statement and in the document entitled "Mitigation Monitoring and Contingency Plan, Intertidal Habitat Restoration Project, Turning Basin Number Three, Southwest Harbor Cleanup and Redevelopment Project, Port of Seattle," dated 6 October 1997. The permittee shall coordinate all proposed changes in the mitigation plan with the Corps and receive the Corps' approval prior to implementation of changes. c. A status report on the mitigation construction must be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch, no later than 13 months from the date of permit issuance. Status progress reports will than be due yearly until completion of mitigation construction and submittal of the final as -built plans d. The permittee shall provide an "As- built" plan of the mitigation area within 60 days following construction and planting. e. For 5 years the permittee shall provide an annual mitigation monitoring report which shall be due by each anniversary of the written acceptance by the U.S. Army Corps of Engineers, (Corps) Seattle District, Regulatory r=anch of the final as- built plans. These reports shall be s bmit:ed. to the Corps' Seazcle District, Regulatory Branch. f. Construction of the mitigation area described above shall be completed no later than 31 August 1998. g. No in -water work shall be conducted from 15 March through 14 June of any year protect migrating salmonids. h The'pe_mittee shall.remove thederelict ferry hulllccated.adjacent to Turning Basin'Three no later, than 31 August 1998: i. The permittee shall continue to provide the vessel information service, including the fishermen /vessel communication system, previously established with the Suquamish and Muckleshoot Indian Tribes. This service shall continue for at least 1 year•after issuance of this permit. j. Within 30 days after issuance of this permit, the permittee shall establish a gear and lost harvest replacement program with the Muckleshoot and Suquamish Indian • Tribes. Permittee shall contribute funds to this program, in an amount agreed to by the Port and the Tribes, to be available for use for the purposes of (1) repairing or replacing Treaty Indian fishermen's gear lost or damaged as a result of Port activities, including project construction activities; and (2) processing Treaty Indian fishermen's claims for compensation for lost harvest and value due to fishing gear lost or damaged as a result of permittee activities, including project construction activities. The permittee shall provide a letter to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch, stating compliance with this condition within 1 week after this program is established. 2 Port of Seattle k. Coincident with the construction of the 400 -foot wharf extension, the permittee shall remove all of Pier 22 and that portion of Pier 21 north of the mouth of the West Duwamish Waterway, except for portions of those structures left in place for net attachment points as requested by the Suquamish or Muckleshoot Indian Tribes, and clean debris from the Duwamish River bottom in the area around both of these piers. This work shall be completed no later than 18 months after issuance of this permit. 1. Coincident with the construction of the 400 7foot wharf extension, the permittee shall remove debris and abandoned structures that may obstruct Indian Treaty fishing activities from the permittee -owned Terminal 105 property north of the existing Terminal 105 barge dock and extending to the north property line of the existing terminal, and establish net attachment sites as directed by the Muckleshoot and Suquamish Indian Tribes. This work shall be completed no later than 18 months after issuance of this permit. m. The permittee must notify the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch, Enforcement Section by telephone, (206)764 -3495, at least 14 days prior to the permittee's intent to begin the dredging and disposal work. n. At least 7 days prior to dredging and disposal, the permittee must submit in writing to the U.S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch, Enforcement Section, FAX (206) 764 -6602, a quality control plan for dredging and disposal which will ensure the removal of all floatable and nonfloatable debris and the accuracy of disposal within the specified surface disposal zone. The plan must include a description of the methods and equipment to be used and must be approved by the Corps and Washington State Department of Natural Resources prior to commencement of open -water disposal. o. The permittee, the contractor's representative, and the contractor's site positioning supervisor shall attena a Predisposal Conference to review the quality control plan and procedures to be used for debris removal and disposal positioning. A predisposal dry run may be required by the U.S. Army Corps of Engineers (Corps). At the discretion of the Corps, an enforcement project manager may ride out to the disposal site during the predisposal dry run or the first disposal run to verify positioning accuracy. p. Disposal of dredged material shall be limited to daylight hours during periods of Indian treaty fishing at the disposal sites. The permittee must coordinate any nighttime disposal with the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch, Enforcement Section. Approval must be received from the District Engineer prior to conducting nighttime disposal. q. Disposal of dredged material shall occur only when there is no Indian treaty fishing occurring at the disposal site. The United States Coast Guard "COMOT INST M 16672.2A International - Inland" dated December 23, 1983, shall apply at all times. r. The permittee must contact the United States Coast Guard (USCG) Vessel Traffic Service (VTS) by radio prior to each disposal for positioning and verification of location within the surface target disposal zone. Disposal may not commence until verification is received from the USCG. Information required by the USCG must be provided for recording of the dump. s. The permittee must notify the United States Coast Guard by letter 14 days prior to commencing dredge operations. Notification should be sent to Commander, Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington 98174 -1067 or faxed to (206) 220 -7285, Attention: Commander. Dredging operations 3 Port of Seattle from and north of Marrowstone Point Light must monitor VHF -FM Channels 13 and 5A. Dredging operations south of Marrowstone Point Light must monitor VHF -FM Channels 13 and 14. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.0 1413) . 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above). 4 �f aay.nr W N! nfo�+NYRM.S.aM�M!.+tl Port of Seattle c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. PORT OF L vim. M` S:� t i , ,j •i-! ' �Gi 11 f This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DATE) • 12. U-c.T 7 JAME M. RIGSBY ( (DATE) Colo el, Corps of Eng eers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) 5 .W '.r n'cs�aal51, a: .a...ro s.w,.m saw. ,4,•• • (DATE) MITIGATION SITE t "41„ West Seattle PROJECT SITE LATITUDE 47'34'55' LONGITUDE I22'21'39' Terminal 5 Apr or Ist� WATERWAY Downlow Seattle -W. Spokane Si Interstate 5 VICINTY MAP 1 0 1 2 !WE 95 -2 -00970 PLEPQ51; PROPOSED CONSTRUCTION OF NEW 400' CONCRETE . APRON IN WEST DUNAMISH WATERWAY. PROVIDE ADEQUATE DEPTH FOR MOORAGE AND MOVEMENT OF CONTAINER CARCO SHIPS; DATUM: I1LLW = 0 ADJACENT PROPERTY %HERS; Qt PORT OF SEATTLE Q2 CITY OF SEATTLE Q PUGET SOUND RESOURCE Port of Seattle P.O. Box 1200 Seattle, Washington 98111 PROPOSED CONSTRUCTION OF NEW APRON. DREDGE, PILL AND STORMYATER (XITFALI. IN: WEST DUWAMISH WATERWAY AT: PORT OF SEATTLE, TERMINAL 5 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT OF SEATTLE SHEET 1 OF 12. DATE : 4/28/94 REV. 9/20/95 tairgo4d:0:.k:,i4jA,'�'4?'�: .. .. .�:.A...... . +3: �+"+� �'' at" 4" �' ak: kA�etr� '.ntui4t}Ey'ak�fi7GaW: .} *,.goo: Z;arAs;a.r EXISTING CONC. APRON: LAST EXPANSION QUILT 1986 EXISTING. TIMBER APRON: BUILT EARLY 1900's J 1 0001 n: n I• • f ,w 0 YES1 MAI1GINALW.w ; . -+ . TERMINAL 5 EXISTING TIMBER APRON TO BE DEMOLISHED _ ... ISTING . -..�. MI II I •-•- EX CONCRETE APRON �i . IM ER HARDQR LINE WEST OUWAMI SII WATERWAY FLOOD EDD PROPOSED CONCRETE APRON TERMINIU_._5 PLAN 150 \Po .1� 401'•6' NEW APRON SCALE: 1' =500' 0 150 500 750 PURPOSE:. PROPOSED CONSTRUCTION OF NEW 400' CONCRETE APRON 111 WEST DUHAI,IISH WATERWAY. PROVIDE ADEQUATE DEPtIl FOR MOORAGE AND MOVEMENT OF CONTAINER CARGO SHIPS, PA11IA: MLLW = 0 ADJACENT PROPERTY MFRS: 0 PORI OF SEATTLE (( CITY OF SEATTLE U PUGE T SOUND RESOURCE Port of Seattle P.O. Box 1209 Beattie, Washington 90111 95_2_00970 PROPOSED CONSIRUCTION OF NEW APRON. DREDGE, FILL AND STORIMATER C JTFALE IN: WEST DUWAMISII WATERWAY AT: PORT OF SEATTLE, TERMINAL 5 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT OF SEATTLE ' SHEET 2 OF I2 DATE : 4/28/94 REV. 9/20/95 1 'r • NEW ASPILILT PAVEMENT EXISTING EDGE OF PAVETENT tiEYr•1 �" STORM DRAIN OUTFALL EXISTING CONCRETE APRON M EXISTING CONC. APRON r DD EBB \_ �.! WEST DUWAAII SH WATERWAY LEGEND 1. PROPOSED CCIICRETE.APRON NEW ASPHALT PAVEMENT r EXISTING CONTRA EXISTING TIMBER APRON, PROPOSED CONCRETE APRON AND STORM WATER OUTFALL SCALE: 1" =100' 50 0 w 100 150 • Jl1 —• •4l) PROPOSED S- TIMBER PILE MARKER 95 -2 -00970 INNER HARBOR LINE OUTER HARBOR LIME PURPOSE; PROPOSED CONSTRUCTION OF NEW 400' CONCRETE APRON IN %EST DUNA)AISH WATERWAY. PROVIDE ADEQUATE DEPTH FOR MOORAGE AND MOVEMENT OF CONTAINER CARGO SHIPS. DATUM; MLLW = 0 .ADJACENT PROPERTY TNAIIERS: QI PORT OF SEATTLE 0 CITY OF SEATTLE Q PUGET SOUND RESOURCE AT Port of Seattle P.O. Box 1209 Seattle, Washington 98111 PROPOSED CONSTRUCTION OF NFW APRON. DREDGE, FILL AND STORMWATER OLITFALI, IN: WEST DUWAMISH WATERWAY AT: PORT OF SEATTLE, TERMINAL 5 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT OF SEATTLE SHEET 3 OF I? DATE : 4/28/94 REV. 9/20/95 (XISTIAC Illy IY M+AK EXISTIAC T —S LQri7c£TE 1C .10 FP` m„, i/•S___. • r • , fX/ST/hC TI111ER AFWYW SLOPE AT 2:1 ;ft LIMITS OF DREDGING- ram MATERIAL (APPROX 35.000 CT) SHALL BE 0ISPOSE0 Of AT TTIE ELLIOT BAT OPEN MIER DISPOSAL SUE (SEE SHEET I). SLOPE AT 2; 3 TI11ER PILE MARKER I.EYEL AT —40 IA.IW- Ii£ST MIN Sll WATERWAY �•:) 60' F1001) PROPOSED DI :EDGE PLAN SCALE: 1'=700' 50 0 50 100 150 ss 95 -2 -00970 I MlER HARBOR L Ihf LIMITS Of DREDGING G LEGEND OUTER M4AT3OR ONE AE EXISTING TOP Of BALK LIMITS OF DREDGING • • :i0• • EXISTING CCNTDUR DREDGE CONTOUR PURPOSE; PROPOSED CONSTRUCTION OF NEW 400' CONCRETE APRON IN WEST DUWAMISH WATERWAY. PROVIDE ADEQUATE DEPTH FOR MOORAGE AND MOVEMENT OF CONTAINER CARGO SHIPS. DATUM: MLLW = 0 ADJACENT PROPERTY EWERS:. Ql PORT OF SEATTLE QQ CITY OF SEATTLE 0 PUGET SOUND RESOURCE Port of Seattle P.O. Box 1209 Beattie, Washington 98111 PROPOSED C0N IfUCTION OF NEW APRON. DREDGE, FILL AND STORMWATUR OIITFALI. IN: WEST DUWAMISH WATERWAY AT: PORT OF SEATTLE, TERMINAL 5 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT OF SEATTLE SHEET 4 OF /2. DATE : 4/17/95 REV. 9/20/95 o O' W ;.N_ LL, W 000;. = CO: Z F- O'. ILL ..8 � OI W Wt O, y i. V o'' taw TOP or BAN( EXtsrIM 1Q' Cr R4* .. f4HNw 11.5 • owls OF'rlLL INTER IW?LIOR LINE EXISIIMC APRON ::.:::SLOPE Al 1.75:I':•: 0 WIER HARBOR LIRE SEE tgTE 3 . SLOPE AT 2:1 \• ('' 3 TIIA9ER PILE MARKER LEVEL AT -40 MLLW --- 60' WEST DI/WMfI SIl WATERWAY MILL 1. APPROXIMATELY 8,600 CY SELECT FILL REQUIRED BEHIND APRON BACKBEAL. 2. APPROXIMATELY 15,300 CT FILTER /SELECT FILL MATERIAL AND 6,200 CY OF RIPRAP TO BE PLACED. 3. RIPRAP AND FILL (MEWS DOAN StOPE AS PER SitCI 5. . A r1000 EDO PROPOSED FILL PLAN SCALE: 1' =100' 50 0 50 100 150 95 -2 -00970 LEGENQ 4 (1 EXISTING TOP Cr BANK -- NEW 10P OF BANK LIMITS OF FILL !!4 EXISTING CONTOUR .-- 50 FINISH GRADE CONTOUR SELECT FILL RIP RAP (SEE NOTE 3) PURPOSE: PROPOSED CONSTRUCTION OF NEW 400' CONCRETE APRON IN WEST DIINp1AISH WATERWAY. PROVIDE ADEQUATE DEPTH FOR MOORAGE AND MOVEMENT OF CONTAINER CARGO SHIPS. PAT(%. MLLW = 0 ADJACENT PROPERTY CAWIERS: Q PORT OF SEATTLE Q CITY OF SEATTLE 0 PUGET SOUND RESOURCE Port of Seattle P.O. Box 1209 Seattle, Washington 98111 PROPOSED CONSTRUCTION OF NEW APRON. DREDGE, FILL AND STORMNATFR OUTFAIL IN: WEST DUWAMISH WATERWAY AT: PORT OF SEATTLE, TERMINAL 5 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT OF SEATTLE SHEET 5 OF I. DATE : 4/27/95 REV. 9/20/95 EL 17.47 iQ1L' PILE hOT SHOMI FC4T CLARITY. NEW APRON - 114.33' . — 2' RIP -RAP WITH RAT ROCK AND FISH ROCK OVERLAY (TYP) SELECT FILL /. FILTER MATERIAL (21IIN) 1.75 OUTER HARBOR LINE -2' RIP -RAP WITH RAT ROC( AND FISH ROC( OVERLAY (TYP) TOE OF DREDGE CUT MINI EL 11.5 Q 0.00 IAL L W 7' '�' J I El -50 �' .OEI 2 EL -55 EXISTING GRADE/MUD LINE S[.CT I ON SELECT FILL/ FILTER MATERIAL r--^ TATTER HARBOR L IRE IMAM EL 11.5 LEGFHD _Q 0.00 MLLW EXISEING ('CRA0EilNE EL -40 SECTION PURPOSE: PROPOSED CONSTRUCTION OF NEW 400' CONCRETE APRON IN WEST DUNAMISH WATERWAY. PROVIDE ADEQUATE DEPTH FOR MOORAGE AND MOVEMENT OF CONTAINER CARGO SHIPS. DATUTA; MLLW = 0 .ADJACENT PROPERTY OM1ERS; @ PORT OF SEATTLE Q2 CITY OF SEATTLE PUGET SOUND RESOURCE 95 -2 -00970 Port of Seattle P.O. Box 1200 Beattie, Washington 08111 EXISTING GRADE/YOD LINE DREDGE LIMIT SELECT FILL/FILTER MATERIAL . RIP -OAP DREDGE /FILL CROSS - SECTIONS 20 0 �0 4o eo Fttt PROPOSED CONSTRUCTION QF NFW APRON. DREDGE, FILL AND STQRMAYATER OUTFALj IN: WEST DUWAMISH WATERWAY AT: PORT OF SEATTLE, TERMINAL 5 COUNTY OF : KING STATE Of : WA APPLICATION BY : PORT OF SEATTLE SHEET 6 OF l4 DATE : 4/26/95 REV. 9/20/95 EL 20.29' T]6liIRAIL IHM EL 11.5 klyTtIOARP FACE OF BULR� _ _ 5'-6' 114' -4' CRANE RAIL 14 1.11 EL 0.0 q CAST IN PLACE RAIL BEAN trt 344 ,163441 1 t.t 14 t IIP12x5l FENDER PILE --� 24' 110110/1 COW OCT PILES DREDGE' EE EYAT ION • FACE Cf 6ERI1I 1. TII1NR PINCH PILES LOCATED BETAEEN PRECAST CONCRETE PIEES AS 910M11 ON 91EET 5. PURPOSE: PROPOSED CONSTRUCTION OF NEW 400' CONCRETE APRON IN WEST DUBAiAISH WATERWAY. PROVIDE ADEQUATE DEPTH FOR MOORAGE AND MOVEMENT OF CONTAINER CARGO SHIPS. DATUM', MLLW = 0 ADJACENT PROPFRTY E6t4FRS QI PORT OF SEATTLE QQ CITY OF SEATTLE 11) PUGET SOUND RESOURCE spirt .ua .R samiaBri PRECAST CIAIC. PILE 2' RIP c5 it U 1615' CONC OCT PLIES I /-tagleD FACE OF DECX FL 19.29 1.75 U II 11 11 II II illliER PIH (�IH PILE SEE IDTE)1) TYPICAL APRON SECTION 10 0 10 20 30 95 -2 -00970 41°7 Port of Seattle P.O. Box 1200 8sattls, Washington 08111 1I II II 11 II I1 11 I 11 I II EL 11.71 El 11.00 EL 7.00 LEGEND 24' SOLID CONC OCT PILES TI1[IER PINCH PILE RIPRAP ELTEELCOMIRKIIELE_NIIREECL FILL AND STORMNATER OUTFALL IN: WEST DIIWAMISH WATERWAY AT: PORT OF SEATTLE, TERMINAL 5 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT OF SEATTLE SHEET 7 OF 11 DATE : 4/28/94 Za Z• U O' Co 0; W • W 0. g Z H' . tu :p. io WW V 1L- • . U y; O Z Ji . ..... ........ ............. ItTif ... .. ......... ............... sir") EXISTING MITIGATION SITE EXISTING 2400 SQUARE FEET SHED EXISTING SHORELINE AND RIPARIAN VEGETATION PURP(a: PROPOSED FISH AND WILDLIFE HABITAT RESTORATION AREA, TURNING BASIN NUMBER THREE. DATUM: ULLW = 0 ADJACENT PROPERTY OWNERS.. 0 DESMONE TRUST - SEAFIRST BANK a) CITY OF SEATTLE WA9IINTO4 DEPARTMENT OF TRANSPORTATION 95-2-00970 Pori of Seattle P.O. Box 1209 9sattla, Washington 08111 PROPOSED EXCAVATION Of EXISTING UPLANDS ANO INTERTIDAL AOUATIC AREA AND CREATION Cf NEW INTERTIDAL HABITAT IN: NEST DUWAMISH WATERWAY AT: TURNING BASIN NUMBER THREE, RIVER MILE 5.3 COUNTY Of : KING STATE 0f: WA APPLICATION BY : PORT OF SEATTLE SHEET 8 OF 12. DATE : 6/9/95 - 11,4AP -YAM.? NEW INTERTIDAL HABITAT AREA 1.2 ACRE AREA PLANTED WITH NATIVE RIPARIAN VEGETATION E STABILIZATION - - ^�• 1 TOE- TRENCH/ RIP RAg WITH SAND CO7A 8 PURPOSE: PROPOSED FISH ARO WILDLIFE HABITAT RESTORATION AREA, TURNING DAMN NUMBER THREE. DAIWA. MU.W = 0 ADJACENT PROPERTY OWNERS: QI DESIMONE TRUST SEAFIRST BANK © CITY OF SEATTLE WA9IINTOt4 DEPARTMENT OF TRANSPORTATION )0F 95 -2 -00970 Port of -`nottio P.O. Box 1209 Seattle, Washington 08111 Z J a Z O I— Q 0 X W WZ 0 O (l� Z O •. 0 Unn� '^ CL ( I PROPOSED EXCAVATION OF EXISTINQ UPLANDS AND INTERTIDAL AQUATIC AREA AND CREATION OF NEW INTERTIDAL HABITAT IN: WEST DUWANISH WATERWAY AT: TURNING BASIN NUMBER THREE. RIVER MILE 5.3 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT OF SEATTLE SHEET 9 OF 12- DATE : 6/9/95 Z _ rd 11J' UO 00. !Si uJ. W O. CO J!. W` z P Z LU D. WW! Vi U. 0, Ill =' O I, 30 20 10, 0 0131090 (0.22) SOUPS MCI. — — \ ... X(311,12) 40 — (5222)_ `(44,11) 60 ~ (17.1) `"' - 89 ........ — — -'- 100 (10.20) --._ — — 10 (121. (131,11) (120.1) '-^ _. ... 40 I _1J i 1) I I 1131,1) (11,1]) - 1 - ,y SO Ism.Q AIM/ (I(160.10) --_• --• _ .-.- — 80 (nu3 11.: " (1* `ono - 200 141w) 1) (21 - 30 .,1) (223,1) - - -. 40 _ "� (212._4) M 6) —. �'— 900 (213.2) — —._ 3) (311p) 40 60 . J ED L&J w an W I- ` ` �•J O 1- SECTION A -A' SCALE: VERITICAL — 1- s 10' L HORIZONTAL — 1- • 20' (2124 -) 6O — ---1--- 9)0 - 30 (521 1 10 0) 60 182 400 :.J 4 0 a,:l 90 600 210 46 H) NO 600 10 40 . ,SECTION A -A' SCALE: VERITICAL — I' = 10' HORIZONTAL — l' ' 20' nPA I./TNG IS NOT TO SCALE: PURPOSE: PROPOSED FLIT AND WILDLIFE HABITAT RESTORATION 95 -2 -00970 PROPOSED EXCAVATION OF EXISTING UPLANDS AND INTERTIDAL. AREA, TURNING BASIN NUMBER THREE. DATUM: ULLW = 0 AQUATIC AREA AND CREATION OF NEW INTERTIDAL HABITAT Port of Seattle P.O. Dox 1209 gorttlol Washington 08111 IN: WEST DUWAMISH WATERWAY AT: TURNING BASIN NUMBER THREE, RIVER MILE 5.3 COUNTY OF : KING STATE OF : WA APPLICATION BY : PORT Of SEATTLE SHEET IA OF 12.-- DATE : 6/9/95 ADJACENT PROPERTY OWNERS: Q DESIUONE TRUST - SEAFIRST BANK Q CITY OF SEATTLE © WA`S(INTOU( DEPARTMENT OF TRANSPORTATION 20 10 t ,(0.22) 20 [,2�)— 40 [nsT110 SOWN n.C( L,IIL -� \ 60 ammo SCAM ,�i�,21 N. 60 euaawa WALL — — (00.12) �a.w) 100 ,-- — — x(105.2) — -_ ;0 O111e10 Nam __L21.cT!)— ......e SA) 40 [IALDIIk WALL _ -- -- 00 Immo G[T .11:u.1•L — ,�>v.z1u,.� 60 PING[ — — - 700 - — — - .-_010. 20 - 4221,24, — — 10 — _2N.12) — — 60 I✓ / `i11("MI) on. ( I 1 00 I QIm 1) ;,1a) mu) (u2,112>te`) _L/•L Soo w� (rugs — -- ao 11.1 WW) �u — 10 / — .yam) N O W m W _ W V) co W D Z Z 0 U O F-.. SECTION B -B' SCALE: VERITICAL - 1' ■ 10' HORIZONTAL - r ■ 20' _427f.22) AO I `211,20) n 11) (, i -i— 50 171,12) ,(22/2.10) . x291,,- 3)0 101111 (►W' _._ ---_ 80 11.5 mu X2=1) 10 el =—QU_) 64 _ 1U -- -,_111.2) •00 7p AO 10 00 !0 20 A• OD 00 000 i0 10 SECTION @ -q'- lo' HORIZONTAL - I. . 20' DRAWING IS NOT TI SCALE: PURPO: PROPOSED FISH AND NiLDUFE HABITAT RESTORATION 95 -2 -00970 PROPOSED EXCAVATION OF EXISTING UPLANDS AND INTERTIDAL /101JATIC AREA AND CREATION CF NEW INTERTIDAL HABITAT AREA, TURNING BASIN NUMBER THREE. DATUM. MLLW = 0 Port Q f Seattle P.O. Box 1208 $�aw111�[ Washington 08111 IN: WEST DUWAMISH WATERWAY AT: TURNING BASIN NUMBER THREE, RIVER MILE 5.3 COUNTY OF : KING STATE Cf : WA APPUCATION BY : PORT OF SEATTLE SHEET /1 OF 12. DATE : 6/9/95 ADJACENT PROPERTY OWNERS: Q DESIUONE TRUST - SEAFIRSI BANK © CITY OF SEATTLE 0 WAS)IINTOII DEPARTMENT OF TRANSPORTATION 2 U O: ' W W 01 gam: .LL Q; 03. W. z: Z I O co-. • WWt H V I UU` O Z 30 . 20 .-- 10 o. 0 (31.20 *3 1,3 txlsr.M (4'\ 00 !CLAN R►CI -- — \ N 100 -- — (sos,u) pa to — :0 — — -- _...,- 40 — — — — 90 — — -- e0 — — (1.I.4) — 300 — - .- . - -- _._ __....._ 213 -- — — - 40 — — (247.40 (0 — — — — — e0 — — — — -r 3130 I —Z".734,2.12) " 3) SEE TO II0STN MOS ( '3).13 ((rill) 40 BELOW CONTINUE I 2�11r�ww+'w0w3 c__.141:1. (ss -t- . 60 0) .4) — — -- _.._. -. - _ r §ECTION C -C' SCALE: VERITICAL - 1' in 10' HORIZONTAL - 1' • 20' — 47 — — -- 40 .9)0 `ns (3110 -- 11061" rr+cl (32o.2) (327.311) (331.111) (13.1» (3;1) 3 ,0 KE,11,4 ( 42,12) (343. I (331.x) 6J 11114 (/W3. 0) 10 U.0 1.3w) — — - 400 - /0 (440..) 10 30 30 400 20 4i) • •0 10 100 130 160 SECTION C -9' SCALE: VERITICAL - 1 = 10' HORIZONTAL - 1- as ..': 1*" '.. ING IS NOT T I SCALE: PURPOST:: PROPOSED F191 AND WILDLIFE . HABITAT RESTORATION 95 -2 -00970 PROPOSED EXCAVA11OI OF EXISTIN. )PLANOS AND IN T1DAL AREA, TURNING BASIN NUMBER THREE. DARN: ULLW = 0 �E".ic AOIIARC AREA AND CREATION Of NEW INTERTIDAL HABITAT Port of Seattle P.O. Box 1209 audit*, Washington 98111 IN: WEST DUWAUIISH WATERWAY AT: TURNING BASIN NUMBER THREE, RIVER MILE 5.3 COUNTY OF : KING STATE OF: WA APPLICATION BY : PORT OF SEATTLE SHEET 120E 12 DATE :6/9/95 ADJACENT PROPERTY OWNERS: Q DES►MONE TRUST - SEAFIRST DANK Q CITY OF SEATTLE (3) WA911111ON DEPARTMENT Of TRANSPORTATION 2 U O: ' W W 01 gam: .LL Q; 03. W. z: Z I O co-. • WWt H V I UU` O Z CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 95 -2 -00970 Name of Permittee: Seattle, Port of Date of . Issuance: DEC 1 2 1991 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 ' Seattle Washington 98125 -3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers' representative. If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. L/ L/ The work authorized by the above referenced permit has been completed in accordance with the terms and conditions of your permit. The mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. CLM7; B : CERTCOMP . 97 Signature of Permittee .-•• U'$. Va:. j'N� +Y�i.f+�L"'�'awi:. +c'.iie:a iCiEL' u.' s3..( v: F:' 4N 'tY:.iC,:..;J.41k^.?v};y';;.j' SL7�S•,1, r.�ri.Y.Jtru.'x'.`.. wL�lti4i.tii ",:It •b:..ni .w� "ti;tlfvY:e'.i�.2�'LG'.; BUSINESS REPLY MAIL FIRST CLASS PERMIT NO. 75659 SEATTLE. WA. I US Army Corps of Engineers Seattle District Reference: 95-2-00970 Seattle, Port of This card. is being sent to solicit your views and comments conceming the recent processing of your permit application. Any comments, both positive and negative, on procedures, timeliness, fairness, etc., would be most appreciated. Please write your comments in the space provided and return this card to the Seattle District. This card has been addressed and postage prepaid for your convenience. Thank you. DEPARTMENT OF THE ARMY , ATI: CENPS.OP•RG' SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. SOX 3755 SEATTLE. WASHINGTON 96124 -3755 OFF C AL Suswass POSTAGE WILL BE PAID 8Y DEPARTMENT OF THE ARMY DEPARTMENT OF THE ARMY ATT: CENPS -OP -RG SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124 -3755 II1II$ I,$ I, I, IIIIII, ISIIIIIIIIIItSI1I11I111II1I11I1I NO POSTAGE NECESSARY IF MAILED IN THE UNITED STIES COMMENTS: Please fold card and staple or tape at bottom edge NPSFL1145 -5 Dec 95 DEPARTMENT OF THE ARMY ATT: CENPS.OP -R0 SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. SOX 31511 SEATTLE, WASHINGTON W124.3755 ORION. BUSINESS DEPARTMENT OF'FZSHERIES n HYDRAULIPROJECT APPROVAL R.C.W. 75.20.100 R.C.W. 75.20.103 October '30,:1997 (applicant should-refer to this date in all correspondence) PAGE 1 OF 5 PAGES BEPAiM keshillstcrr9O5e4 10 LAST NAME FIRST Ili-CONTACT PHONE(S) Port of Seattle -- (206) 728 -3194 1 CONTROL NUMBER 95- S0970 -02 1q STREET OR RURAL ROUTE •— PO Box 1209 ATTN: George Blomberg 8 9 09.MARI CITY STATE ZIP Seattle WA 98103 14 17 12 ATER TRIBUTARY TO Elliott Bay & Duw. River Puget Sound h i] TYPE OF PROJECT New Pier Apron, Dredging, Fill, & Mitigation 13 DARTER SECTION TOWNSHIP RANGE(E -W) COUNTY SECTION See Note King TIME LIMITATIONS: 5 THIS PROJECT MAY BEGIN 6 AND MUST BE COMPLETED BY -- September 30, 2002 Immediately THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. N �V�x S1DF OF APPROVAL at the top of this The correct and Wildlife (WDFW) -1091. Any comments or directed to the Area bottom of the HPA. Range 03E - Section 04, October 25, 1995, and specific to this project. ier expansion and area temporal losses, etc., and other materials and recommends recycled plastic. your application subject SE l IMPORTANT ,FN .RA c;OVISION4 NOTE: The aaency logo, address, and phone number "- 'r =:a1ic Project Approval (HPA) are incorrect. =, _.:ass is: Washington Department of Fish 600 Capitol Way North, Olympia, WA 98501 questions on this specific HPA should be Habitat Biologist (AHB) identified at the NOTE: Location: Pier Project - Section 12, Township 24N, Mitigation Site at Turning Basin Nb. 3 Township 23N, Range 04E. WDFW.has reviewed your lans received on revised plans received September 29, 1997. The mitigition included in this HPA is This project is being approved based on of impact] including dredging, filling, and the mitigation. . WDFW discourages the use of pilings, lumber, treated with creosote and other wood preservatives instead the use of steel, concrete, or 1. This project is approved as illustrated in to the following provisions. SEPA: Port of Seattle, FEIS - November 1994 REGIONAL HABITAT MANAGER - John Boettner (425) 379 -2306 PATROL - Frame 124 [P3] APPLICANT - WILDLIFE - READER - PATRCL - HAS. MGR. + RIA DEPARTMENT OF FISHERIES I���� v DIRECTOR /'Vwuc,/ zz • S H W 6 Jo• U O Co W w , u. WO = ▪ w• 1— O' Z W uj O N; 0 H; ww. O Cu Z; U- O • W = SHINGTON DEPARTMENT OF FISH AND W;:UFE 600 CAPITOL WAY NORTH . OLYMPIA, WASHINGTON 98501 -1091 . (360) 902 -2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job Site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS . GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDMONS PROVIDED W A HYDRAULIC PROJECT APPROVAL, 1". -IE Z. ARS Th FC :R:4AL AND FORMAL APPEAL. PROCESSES AVAILABLE A. INFORMAL APPEALS (WAC 220.110440) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 7520103, 75.20.106, AND 75.20160: A person who is aggrieved or adversely affected by the following Department actions may request an infonral review of (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or . (B) An order imposing civil pen&bes. It is recommended that an aggrieved pally contact the Area Habitat Biologist and deseuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be it WRITING to the Department of Fish and Mille, 600 Capitol Way North, Olympia, Washington 88501 -1091 and shad be RECEIVED by the Department within 30-days of the denial or issuance. of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30-day time requirement mey be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or hisMer supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. ff you are not satisfied with Me results of this ihfonnal appeal. a • faind appeal may be filed. • • B. FORMAL APPEALS (WAC 220110460) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 76.20106: A person who is aggrieved or adverssy affected by the following Department actions may request an formal review of: (A) The denial or issuance of a Hydrshic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approvah, (B) An order imposing civil penalties; or (C) Any other "agency action' for which an adjudcative proceedings required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL. APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501 -1051, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeaL If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 7520.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeaL The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360i459-0327. D. FAILURE TO APPEAL THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF AU. APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL. THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. ON.P2 +oar , , - ;A=rxrr� orY.�i re + � ????!! , Z Z�� Z• 6D' _1 U0; to v� w W =: w0 2 g lL Q 92 cf, • I-- W: Z W W'. ; W uj Z.. �U N O ~` :Z. DEPARTMENT OF FISHERIES HYDRAULIC PROJECT APPROVAL R.C.W. 75 .20 . 10 0 R.C.W. 75 .20. 10 3 P:1 October 30, 1997 ,esd (applicant should refer to this date in all correspondence) PAGE 20F PAGES j10 LAST NAME L— Port of Seattle ILI CONTACT PHONE(S) (206) 728 -3194 j; CONTROL NUMBER ���� 95- S0970 -02 1121 WATER_ lliott Bay & Duw. River 9 WRIA 09.MARI 2. NOTIFICATION REQUIREMENT: The applicant or contractor shall notify the AHB listed below by FAX (425) 338 -1066 or mail at least seven working days prior to the start of construction activities. 3. Work below the ordinary high waterline shall not occur from March 15 through June 14 of any year for the protection of migrating juvenile salmonids. TIMBER APRON DEMOLITION AND NEW PIER CONSTRUCTION: 4. All treated piling and lumber to be used for the project shall meet or exceed the standards established in "Best Management Practices For t1-.:e Use of Treated Wood in Aquatic Environments," developed by the Western Wood Preservers Institute, dated July 1996. 5. The existing pilings associated with the timber apron and dolphins shall be removed and disposed of upland such that they do not enter waters of the state. 6. Any piling, all lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. • 7. All non -load bearing piling (marker dolphins) and fender piles shall be recycled creosote pilings. 8. The 600 pinch piling to be used for structure stability shall be used recycled creosote piling, and buried beneath grade a minimum of six inches. The pier shall extend no more than 115 feet waterward from shore, _: e, 402 feet long (along the shoreline) . ' • 10. All new piling for the pier apron structure shall be concrete. 11. Wet concrete shall be prevented from entering waters of the state. Forms for any concrete structure shall be constructed to prevent leaching of wet concrete. Impervious materials shall be placed over any exposed concrete not lined with the forms that will come in contact with state waters. Forms and impervious materials shall remain in place until the concrete is cured. DREDGING: 12. If a clamshell dredge is be used for dredging, each pass of the dredge bucket shall be complete. 13. Dredged material shall not be stockpiled below the ordinary high water line. REV 10/16/88 W 6 00 co 0 w =, LL. w 0, co J d z� Dp U • Si-) D1-:. w • w' V'. ui 0 1- O z N'" vHINGTON DEPARTMENT OF FISH AND W%"°?UFE 600 CAPITOL WAY NORTH OLYMPIA, WASHINGTON 98501 -1091 . (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20j. Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued may be held Iiable'for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment AI! Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS - GENERAL INFORMATION F YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED W A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL. PROCESSES AVAILABLE. A. //FORMAL APPEALS (WAC 220.116440) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 7520100, 7530103, 75.20.106, AND 76,10160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of. (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposii ng civil penalties. • It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not. you may elevate your concerns to his1her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Departrnent of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501 -1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or hislher supervisor. The Habitat Protection Services Division Manager or hislher designee shall conduct a review and raeonmered a der serhn to :re Detie x err its designee. If you are not satisfied with the results of this informal appeal, a farina' appeal may be filed B. FORMAL APPEALS (WAC 220-f 10460) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100' OR 7530.106: A person who is aggrieved or adversely affected by the following Department actions may request an faunal review of (A) he denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Ad, Chapter 34.05 RCW. A request for a FORMAL. APPEAL shall be in WRl1TNG to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 385014031, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department within 30days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeaL H there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75- 20.103 or 75.20.150: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 3601459-0327. 0. FAILURE TO APPEAL THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FiNAL AND UNAPPEALABLE. w"swiws.rstre0m4nr .. �...`.e.::'; "'s: �•� .x" ��r «z:. ,�..4. DEPARTMENT OF FISHERIES n HYDRAULIC PROJECT APPROVAL R.C.W. 75.20.100 R.C.W. 75.20.103 October 30, 1997 (applicant should refer to this date in all correspondence) PAGE'S OF 5 PAGES (teel»-t7 rie LAST NAME Port ,of Seattle 18 CONTACT PHONE(S) (206) 728 -3194 51CONTROL NUMBER tL11'' 95- 50970 -02 12 WATE tlliott Bay & Duw. River 9 WRIA 09.MARI 14. Dredged materials (up to,35,000 cubic yards) shall be deposited at the Puget Sound Dredge Disposal Analysis (PSDDA) site in Elliott Bay. 15. Dredge depth shall be limited to the depths described in the plan. 16. Dredging shall be conducted to minimize siltation of the beach area and bed. RIP RAP /FILL: 17. Up to 26,700 cubic yards of rip rap and dressing material shall be placed behind the pier backbeam and on the dredge slopes for stability. 18. Rock for the rip rap /fill shall be composed of clean, angular material of a sufficient durability and size to prevent its being broken up or washed away by high water or wave action. 19. Eelgrass and kelp shall not be adversely impacted due to any project activities (e.g., barge shall not ground, equipment shall not operate, and other project activities shall not occur in eelgrass and kelp). 20. A layer of fish mix aggregate, including,of a six inch layer of 2.0 inch minus quarry rock, covered by six inches of 3/8 inch minus peagravel, will -be distributed along the entire length of the area to be rip rapped between tidal elevations. +8.0 and -8.0 feet Mean Lower Low Water ((MLLW) relative to 0.0)). TURNING BASIN MITIGATION AND MONITORING: 21. As mitigation for the loss of .28 acres of in intertidal habitat due to the construction of the 402 foot pier, a fish habitat restoration plan shall be developed at Turning Basin Number Three that will result in creation of 1.3 acres of intertidal habitat between four and 11 feet above 0.0 Mean Lower Low Water (MLLW). In addition, approximately 29,000 sq feet of riparian vegetation shall be constructed above 11.0 feet MLLW, including 16,400 square feet of native emergent plants located between elevations 11.0 and 13.0 feet MLLW, with riparian shrubs and trees above 13.0 feet MLLW. 22. Up to 33,000 cubic yards of fill material shall be excaveted;_.in. addition to removal of, % the °derelict ferry vessel utilizing best management practices (BMPs). A conservation easement plan shall be implemented insuring priority status for fish and wildlife habitat, function of the site shall not be compromised by subsequent development at (or near) this site. REV 10/16/88 Z re 6L1' 6 JO. U O: • CO O W W co LL• W g J: 21 a: • l-w 1- _. •LLI Ill; . ZF-. On' w W: • -` ti 0. • w z'� U N": • ~O�" •z. Wr-:HINGTON DEPARTMENT OF FISH AND WJ: UFE ° 600 CAPITOL WAY NORTH OLYMPIA, WASHINGTON 98501 -1091 (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. GENERAL PROVISIONS This Hydraulic Project Approval shall be available oe the jab iiiteit all times and all its provisions followed' by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued may be held liable'for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the pernittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS - GENERAL INFORMATION iF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED W A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE A. INFORMAL APPEALS (WAC 220410440) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 7520.100, 75.20.103, 75.20.106, AND 75.20.110: A person who is aggrieved or adversely affected by the following Department actions may request an infomal review of (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project APProval: or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not,' you may elevate your concerns to hislher supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and wild61e,100 Capitol Way North, Olympia, Washington 911501-1091 and shall be RECEIVED by the Deparbnent within 30-days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing awl penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved pally and the Area Habitat Biologist and/or hislher supervisor. The Habitat Protection Services Division Manager or hislher designee shall conduct a review and recommend a decisicra ro .sa Ii .�cr ar its dtrruft. If you are not satisfied with the results of this irnicm:ra:l a;, 1. a fomai appeal may be filed. B. FORMAL APPEALS (WAC 220410450) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 75.20.108: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of. (A) • The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval: (8) An order imposing civil penalties: or .(C) Any other 'agency action" for which an ac udcative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCN. A request for a FORMAL. APPEAL shall be in WRITING to the Department of Fish .and Wildlife, 600 Capitol Way North, Olympia, Washington 9 8501- 1091, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal if there has been an inform appeal, the deadline for requesting a foetal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 7520.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITiNG to the Hydraulic Appeals Board per WAC 25944 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six. Lacey, Washington 98504; telephone 3601594327. D. FAILURE TO APPEAL THE REQUIRED TiME PERIODS RESULTS M FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Z = Z. 6 J0 U0 ,N0 W =' CO WI W O; g0. HW.. Z t—: 0, Z F- ILLI j` col W w 'H V `1112:'. rz 'O I-1 Z . DEPARTMENT OF FISHERIES HYDRAULIC PROJECT APPROVAL s R.C.W. 75.20.100 R.C.W. 75.20.103 04.449.1:, ___ (4j October 30, 1997 (applicant should refer to this date in all correspondence) PAGEL+ OF & PAGES 10 LAST NAME Port of Seattle 18 CONTACT PHONE(S) (206) 728 -3194 nCONTROL NUMBER 95- S0970 -02 WATERElliott Bay & Duw. River 9 WRIA 09.MARI 24. Monitoring shall be done under the guidance of WDFW with state tribal and federal agencies recommendations in conjunction with the 1991 Estuarine Habitat Assessment Protocal guidelines. In addition, an annual monitoring report shall be submitted to WDFW at year -end for the first five years and a five year evaluation of the project will be provided for further recommendations at that time. • The following criteria for performance standards shall be incorporated into the reports: A) Water Regime: The tidal innundation profiles shall be monitored for variation. B) Vegetation Survival: Planting survival shall be evaluated based on individual species compatability and survival from waterfowl grazing. C)_ Accretion /erosion: Shoreline elevation..contours shall be monitored for changes such as sloughage, erosion, or accretion. D) Habitat Function: Monitor for fish usage relative to other adjacent locations and other habitat _ _s oration sites in the same vicinity on the lower Duwamish E) Habitat' Structure: Habitat shall be evaluated for vegetation diversity and compared for consistency with adjacent locations and habitat restoration sites in the local vicinity. At conclusion of the reports, WDFW will consult with other state, . tribal( and federal agencies, and conduct a situation analysis to determine potential corrective actions to be performed by the Port, including continued monitoring and expanding the restoration area in the estuary to provide additional intertidal habitat area. 24. Measures shall be taken to minimize waterfowl grazing where vegetation is depleted due to grazing, vegetation shall be replaced. 25. Project activities shall be conducted to minimize siltation of the beach area and bed. 26. If a fish kill occurs or fish are observed in distress, the project activity shall immediately cease and WDFW Habitat Program shall be notified immediately. 27. All debris or deleterious material resulting from construction shall be removed from the beach area and bed and prevented from entering waters of the state. REV 10/16/88 2 w 6 J0, 0O (n WI : J 1—• w 0: q J' LL Q: t=- _. Z I-. W w': 0 0— 0 w W:. 1- U r. U. ~ O wZ 0(A 2: z ~' V'"1HINGTON DEPARTMENT OF FISH AND W" UFE 600 CAPITOL WAY NORTH OLYMPIA, WASHINGTON 98501 -1091 • (360) 902 -2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued may be held liable'for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RC1N to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS - GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR COMMONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL., Tr:ERE ARE INFORMAL AND FORMAL. APPEAL PROCESSES AVALABLE A. NFORMAL APPEALS (WAC 220-110440) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely. affected by the fling Departmerd actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval. or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. It is recommended that an aggrieved petty contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not. you may elevate your concerns to hislrer supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Depart rent of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501 1091 and shall be RECEIVED by the Department within 304lays of the denial or icsuanee of a Hydraulic Project Approval or receipt of an order irnposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or hislher supervisor. The Haut Protection Setvi s Division Manager or hislher designee shall conduct a review and neconanend a decision to ire Dioctor or its designee. tf you are not maned with the results of this inform appeal, a fonnal appeal may be filed B. FORMAL APPEALS (WAC 220-110450) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 75.20.106: A person who is aggrieved or adversely attectd by the following Department actions may request an formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydrauic Project Approval; (B) An order imposing civil penalties; or (C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. . A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wadtife, 600 Capitol Way North, Olympia, Washington 98501 - 1091, shall be plainly labeled as 'REQUEST FOR FORMAL. APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeaL ff there has been an informal appeal, the deadline for requesting a foetal appeal shall be within 30-days of the date of the Departments written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions nude part of a Hydraulic Project Approval may request a foetal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six. Lacey, Washington 98504: telephone 3601459 -6327. D. FAILURE TO APPEAL THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALAB kvtrtaireer X43 F?4.. �QQ W Wes, J U: UO to W: WI W o' 2 -j U Q; d 1- W Z 1--: I— 0: Z I—; W W ac U ,O N O t- ▪ Uk ▪ Z, Lu H Z DEPARTMENT OF FISHERIES HYDRAULIC PROJECT APPROVAL R.C.W. 75 . 2 0.10 0 R.C.W. 75.20.103 n October 30, 1997 (4064—Wrip- ;4414 (applicant should refer to this date in all correspondence) PAGE SOF PAGES 10 LAST NAME Port of Seattle CONTACT PHONE(S) (206) 728 -3194 FT-CONTROL NUMBER 95-S0970-02 12 WATERElliott Bay & Duw. River 9 WRIA 09.MARI 28. No petroleum products or other deleterious materials shall enter surrace waters. 29.. Project activities shall not degrade water quality to the detriment of fish life. If you have any questions or need additional information, please contact John Boettner,_Area Habitat Biologist, at (425) 379 - 2306. LOCATION: Terminal 5 (T -5) Pier Apron - West Waterway, Duwamish Turning Basin No 3., 10108 West Marginal Way S rh(50:97 -2) cc: `Ted Muller WDFW Bob Clark NOAA Sand oint Curtis Tanner, USFWS Olympia Rod Malcolm _iuckiesi_oo Tribe Justine Barton, EPA Ann Boeholt, DOE Olympia. REV 10/16/88 Iov—IHINGTON DEPARTMENT OF FISH AND INPialUFE 600 CAPITOL WAY NORTH OLYMPIA, WASHINGTON 98501-1091 . (360) 902-2534 This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this proiect. GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Przject Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The perrnittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to.RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consuttation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS - GENERAL INFORMATION • IF YOU WISH TO APPEAL. A DENIAL OF OR COMMONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVALABLE. A. INFORMAL APPEALS (WAC 220410440) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 7520.103, 75.20.106, AND 7520.110: • A person who is aggrieved or adversely affected by the following Department actions may request an informal review of (A) The denial or issuance of Hydraufic Project Approval, or the conditions or provisions made part of a Hydraulic Project APProval; ar - (B) An order imposing dve penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to tiislher supervisor. A request for an INFORMAL REVIEW shall be in MUTING to the Department of Fish and Miele, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECENED by the Department within 30-days of the denial or issuance of a Hydraulic Project Approval or receipt; of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the: Area Habitat Biologist andfor hisiher sispervism. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and reconseund a decision to me 21vaor or f,U designee. If you are not satisfied with the results of this informal appeal, a fiordial appeal may be Ned. B. FORMAL APPEALS (WAC 220-110414) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 75.20.106: A person who is aggrieved or adversely affected by the following Department actions may request ail formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval: (8) An order imposing civil penalties; or (C) Any other ''agency action" for which an adjudicative proceeding is required under the Administrative procedure Act. Chapter 34.06 RCW. A request for a FORMAL APPEAL. shall be in WRITING to the Department of Fish and Wddlife, 600 Capitol Way North, Olympia, Washington, U501-1031, shall be plainly labeled as 'REQUEST FOR FORMAL. APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal. the deadline for requesting a fomul appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeaL C. FORMAL APPEALS OF DEPARTMENT AC71ONS TAKEN PURSUANT TO RCW 7520.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or Provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL. APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 269-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 3601463-6327. 0. FAILURE TO APPEAL THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL. RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. ii- .00.4t WAC PERMITS FOR 173 -27 -010 173.27 -020 173 -27 -030 1.734 27.040 ` 173 -27 -050 173 -27 -060 173 -27 -070 173 -27 -080 173 -27 -090 173 -27 -100 173 -27 -110 173 -27 -120 173 -27 -130 173 -27 -140 173 -27 -150 173 -27 -160 173-27-170 173 -27 -180 173-27-190 173 -27 -200 173 -27 -210 173 -27 -220 Chapter 173 -27 WAC SHORELINE MANAGEMENT PERMIT AND ENFORCEMENT PROCEDURES PART I DEVELOPMENT ON SHORELINES OF THE STATE Authority. Purpose. Definitions. "Developments:exempt from substantial development permit requirement. Letter of exemption. Applicability of chapter 90.58 RCW to federal lands and agencies. Application of the permit system to substantial develop- ment undertaken prior to the effective date of the act. Nonconforming use and development standards. Time requirements of permit. Revisions to permits. Notice required. Special procedures for limited utility extensions and bulkheads. Filing with department. Review criteria for all development. Review criteria for substantial development permits. Review criteria for conditional use permits. - P ieu: c ts^; For variance permits. Application requirements for substantial development. conditional use. or variance permit. Permits for substantial development. conditional use. or variance. Department review of conditional use and variance permits. Minimum standards for conditional use and variance permits. Requests for review. PART II SHORELINE MANAGEMENT ACT ENFORCEMENT 173 -27 -240 173-27-250 173 -27 -260 173 -27 -270 173 -27 -280 173 -27 -290 173 -27 -300 173 -27 -310 173 -27 -990 Authority and purpose. Definitions. Policy. Order to cease r..nd desist. Civil penalty. Appeal of civil penalty. Criminal penalty. Oil or natural gas exploration — Penalty. Appendix A. PART I PERMITS FOR DEVELOPMENT ON SHORELINES OF THE STATE WAC 173 -27 -010 Authority. The provisions of this pan implement the requirements of chapter 90.58 RCW, the Shoreline Management Act. Specifically, RCW 90.58.20() authorizes the adoption of rules as necessary to implement the provisions of the act and RCW 90.58.140(3) requires that the department adopt rules for administration and enforce - tnent of the permit system established by the act. 19 /}0PNi1 $SR.'SNta b}'D:"r' ?WKS. [Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96 -20 -075 (Order 95 -17), § .73 -27 -010. filed 9/30/96, effective 10/31/96.1 WAC 173 -27 -020 Purpose. RCW 90.58.140(3) requires local governments to establish a program. consistent with rules adopted by the department of ecology. for the administration and enforcement of the permit system for shoreline management. The local program should he integrated with other local government systems for adminis- tration and enforcement of land use regulations. It is the intent of these regulations to provide minimum procedural requirements as necessary to comply with statutory require- ments while providing latitude for local government to establish procedural systems based on local needs and circumstances. It is also the intent of these regulations to provide for integration of the shoreline permit into z. consoli- dated environmental review and permit process. This regulation is drafted to also reflect RCW 90.58.050 which provides that the Shoreline Management Act is intended to establish a cooperative program between local government and the state. According to this provision, local government shall have the primary responsibility for initiat- ing the :fanning required by the act and adr:ir iftering the gram of shoreline management consistent with the policy and provisions of the act, whereas the department shall act primarily in a supportive and review capacity with an emphasis on providing assistance to local government and on insuring compliance with the policies and provisions of the Shoreline Management Act. (Statutory Authority: RCW 90.58.140(3) and {90.58).200. 96 -20 -075 (Order 95 -17). § 173 -27 -020, filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -030 Definitions. The following definitions shall apply: (1) "Act" means chapter 90.58 RCW, the Shoreline Management Act of 1971, as amended; (2) "Applicable master program" means the master program approved or adopted by the department pursuant to RCW 90.58.090(6) or 90.58.190(4) prior to acceptance of a complete application by local government; (3) "Average grade level" means the average of the natural or existing. topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by.averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure; (4) "Conditional use" means a use, development, or substantial development which is classified as a conditional use or is not classified within the applicable master program; ICh. 173 -27 WA(' —p. 11 z �W` oCL: O U OQ: W W W =: JI. CO V_ to 0 gaa H = z� z O, uj f-: O N:. 0 W: W Z' w u) O z 173 -27 -030 horeline Management— Permits and Ento .ment (5) "Department" means the department of ecology; (6) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand. gravel. or minerals; bulkheading; driving of piling; placing of obstruc- tions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any stage of water level; (7) "Exempt" developments are those set forth in WAC 173 -27 -040 and RCW 90.58.030 (3)(e), 90.58.140(9), 90.58.147, 90.58.355, and 90.58.515 which are not required to obtain a substantial development permit but which must otherwise comply with applicable provisions of the act and the local master program; (8) "Fair market value" of a development is the open market bid price for conducting the work, using the equip- ment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage. transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; (9) "Height" is measured from average grade level to the highest point of a structure: Provided, That television antennas, chimneys, and similar appurtenances shall not be used in calculating height. except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applica- ble master program specifically requires that such appurte- nances be included: Provided further, That temporary construction equipment is excluded in this calculation; (10) "Local government" means any county, incorporat- ed city, or town which contains within its boundaries any lands or waters subject to chapter 90.58 RCW; (1 1) "Natural or existing topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, includ- ing excavation or filling; (12) "Party of record" includes all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail; (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 affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, 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 com- posed of parts joined together in some definite manner. jCh. 173 -27 WAC—p. 21 f whether installed on, above, or below the surface of the ground or water, except for vessels; (16) "Transmit" means to send from one person or place to another by mail or hand delivery. The date of transmittal for mailed items is the date that the document is certified for mailing or, for hand - delivered items. is the date of receipt at the destination; (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 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, and chapters 173 -25 and 173 -26 WAC also apply as used in this chapter. (Statutory Authority: RCW 90.58.140(3) and 190.581.200. 96- 20.1175 (Order 95 -17), § 173 -27 -030. filed 9/30/96. effective 10/31/96.1 • • WAC 173 -27 -040. Develop"inents exempt from substantial development permit requirement. (1:) .Applica- tion and interpretation of exemptions. (a) Exemptions shall be`construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. (b) An exemption from the substantial development permit process is not an exemption from compliance with the act or the local master program. nor from any other regulato- ry requirements. To be authorized. all uses and develop- ments must be consistent with the policies and provisions of the applicable master program and the Shoreline Manage- ment Act. A development or use that is listed as a condi- tional use pursuant to the local master program or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a development or use is pro- posed that does not comply with the bulk, dimensional and performance standards of the master program, such develop- ment or use can only be authorized by approval of a vari- ance. (c) The burden of proof that a development or use is exempt from the permit process is on the applicant. (d) If any part of a proposed development is not eligible for exemption. then a substantial development permit is required for the entire proposed development project. (e) Local government may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the act and the local master program. (2) The following 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. For purposes of determining whether or not a permit is required. the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 4/11U'H,1 i Shoreline Management—Permits and Enf, .emcnt 90.58.030 (2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials; (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, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environ- ment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size. shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment; (c) Construction of the normal protective bulkhead common to single- family residences. A "normal protective" bulkhead includes those structural and nonstructural develop- ments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single- family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or econstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a v:-'cal wall fronting the existing wall. it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deterio- rated such that an ordinary high water mark.has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above require- ments and when the project has been approved by the department of fish and wildlife. (d) Emergency constr::' :'ion 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. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required. absent an emergency. pursuant to chapter 90.58 RCW, these regulations. or the local master program, obtained. All emergency construction shall he consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding oitnr+no 173 -27- 11411 or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency: (e) Construction and practices normal or necessary for farming, irrigation, and ranching activities. including; agricul- tural service roads and utilities on shorelands, construction of a barn or similar agricultural structure, and the construc- tion 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 commercial nature, alteration of the contour of the shorelands 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. by or under the authority of the Coast Guard or a designated port manage- ment authority, of navigational aids such as channel markers and anchor buoys; (g) Construction on shorelands by an owner, lessee or contract purchaser of a single - family residence for their own use or for the use of their 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. "Single- family residence" means 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 ordinary high water mark and the perimeter of a wetland. On a state -wide basis, normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. 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, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owners, lessee, or contract purchaser of a single- family and multiple - family residences. A :el: is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: (i) In salt waters, the fair market value ot'the dock dues not exceed two thousand five hundred dollars; or (ii) In fresh waters the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent con- struction shall be considered a substantial development for the purpose of this chapter. 1Ch. 173 -27 WAC —p. 31 �.�... iNw,A1d{,'.•f�k•tY,,,IsAkonw.kewif!;SIM?'ms,m6,f1c: m- T .?vogmcil,m2:/tv,IM Z QH 11. J U. 0O too: 10 ILI: J O. u.? So_. a. F.W. Z� Z� D • :0 1-- W W' H V'. • l.. • 1jjZ. • O~ Z 173 -27 -040 Shoreline Management— Permits and Enf: anent For purposes of this section salt water shall include the tidally influenced marine and estuarine water areas of the state including the Pacific Ocean. Strait of Juan de Fuca. Strait of Georgia and Puget Sound and all bays and inlets associated with any of the above; (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 June 4. 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system; (1) Any project with a certification from the governor pursuant to chapter 80.50 RCW; • (m) Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: (i) The activity does not interfere with the normal public use of the surface waters; (ii) The activity will have no significant adverse impact on the environment including but not limited to fish. wild- life, fish or wildlife habitat, water quality, and aesthetic values; • (iii) The activity does not involve the installation of any structure. and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; • (iv) A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and (v) The activity is not subject to the permit requirements of RCW 90.58.550; (n) The process of removing or controlling aquatic noxious weeds. as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.21C RCW; (o) Watershed•restoration :.projects•as•defined herein. Local government shall review the .projects for consistency 'with the; shoreline master. program: in an.expeditious manner: and shall issue its decision along'■ith any conditions' within kit" v tt'vi d4vS of rec.etvtngall: materials necessary to review the request tor.exemption from the applicant.. No ;fee may.. be c.hrrged for accepting and processing •requests for exemp- tinn for •w,ttershed: restoration .projects. as used in this section. • (1) 'Watershed restoration project" means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or a part of the plan and consists of one or more of the following activities: (A) A project that involves less than ten miles of streamreach. to which less than twenty -live cubic yards of sand. _ravel. or soil is removed. imported, disturbed or ICh. 173 -27 WAC —p. 41 discharged. and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; (B) A project for the restoratio ,f an eroded or unstable stream bank that employs the p-• •.;iples of bioengi- neering, including limited use of rock as stabilization only at the toe of the bank, and with primary •nphasis on using native vegetation to control the erosi orc_.: of flowing water: or (C) A project primarily designeu . imp ;ove fish and wildlife habitat, remove or reduce imv- .iments to migration of fish. or enhance the fishery resat! available for use by all of the citizens of the state. F :d that any structure. other than a bridge or culvert o: -eam habitat enhance- ment structure associated with t.:.. :oject, is less than two hundred square feet in floor area and is located above the ordinary high water mark of the stream. (ii) "Watershed restoration plan" means a plan, devel- oped or sponsored by the department of fish and wildlife, the department of ecology, the department of natural resources. the department of transportation. a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county, or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re- creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area, or watershed for which agency and public review has been conducted pursuant to chapter 43.21C RCW, the State Environmental Policy Act; (p). A, public or private project. the primary purpose of which is:to improve,fish or wildlife:habitat or fish passage, when, all .:of itie ;following apply: • (i) The project has been approved in writing by the department of fish and wildlife as necessary for the improve- ment of the habitat or passage and appropriately designed and sited to accomplish the intended purpose; (ii) The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 75.20 RCW; and (iii) The local government has determined that the project is consistent with the local shoreline master program. The local government shall make such determination in a timely manner and provide it by letter to the project propo- nent. (3) Hazardous substance remedial actions. The proce- dural requirements of chapter 90.58 RCW shall not apply to a project for which a consent decree, order or agreed order has been issued pursuant to chapter 70.105D RCW or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department shall. in consultation with the appropriate local government, assure that-such projects comply with the substantive requirements of chapter 90.58 RCW, chapter 173 -26 WA•..' and the local master program. [Statutory Authority. RCW 90.58.140(3) and (90.581.200. 96 -20 -075 (Order 95.17). § 173 - 27.040, filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -050 Letter of exemption. Some projects conducted on shorelines of the state also require review and approval by federal agencies. Ecology is designated as the coordinating agency for the state with rmi 14/ }0/461 •f,,,.Y .. •w.����i7c t�c�.efv- vti�M:.. shoreline Management—Permits and Enl tment 173 -27 -050 regard to permits issued by the U.S. Army Corps of Engi- neers. The following is intended to facilitate ecology's coordination of local actions, with regard to exempt develop- ment, with federal permit review. (I) The local government shall prepare a letter of exemption. addressed to the applicant and the department. whenever a development is determined by a local govern- ment to be exempt from the substantial development permit requirements and the development is subject to one or more of the following federal permit requirements: (a) A U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899: (The provisions of section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.) or (b) A section 404 permit under the Federal Water Pollution Control Act of 1972. (The provisions of section 404 of the Federal Water Pollution Control Act generally apply to any project which may involve discharge of dredge or fill material to any water or wetland area. Specific applicability information should be obtained from the Corps of Engineers.) (2) The letter shall indicate the specific exemption provision from WAC 173 -27 -040 that is being applied to the development and provide a summary of the local government's analysis of the consistency of the project with the master program and the act. (3) Local government may specify other developments not described within subsection (1) of this section as requiring a letter of exemption prior to commencement of the development. ;Statutory Authority: RCW 90.58.140(3) and [90.58;.n0. - ':'' - ?75 (Order 95 -17). q 173 -27 -050, filed 9/30/96. effective 10/31/96.J WAC 173 -27 -060 Applicability of chapter 90.58 RCW to federal lands and agencies. The policies and provisions of chapter 90.58 RCW including the permit system shall be applied in the following manner to federal agencies on lands meeting the criteria of the Shoreline Management Act for shorelines of the state. (1) Within the coastal counties. Direct federal agency actions and projects shall be consistent to the maximum extent practicable with the approved Washington state coastal zone management program subject to certain limitations set forth in the Federal Coastal Zone Management Act, 16 U.S.C. 1451 et seq. (CZMA) and regulations adopted pursuant thereto. Other applicable federal law governing the federal agency actions may determine whether the permit system of chapter 90.58 RCW is applicable. The Snoreline Management Act is incorporated into the Washington state coastal zone management plan and, thereby. those direct federal actions occurring on lands subject to the act must be consistent to the maximum practicable extent with the act. regulations adopted pursuant to the act and with the local master program. Local govern- ment is in the best position to determine the appropriate procedure for review of federal development activities at the local level while the state must take action on federal consistency determinations submitted to it. • ` •: 173 -27 -064 Jhoreline Management— Permits and Ent ement nonfederal developments and uses undertaken on federal lands and on lands subject to nonfederal ownership, lease or easement, even though such lands may fall within the external boundaries of a federal ownership. (Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96-20-075 (Order 95 -17). § 173 -27 -060, filed 9/30/96. effective 10/31/96.1 WAC 173 - 27-070 Application of the permit system to substantial development undertaken prior to the effective date of the act. (1) Substantial development undertaken on the shorelines of the state prior to the effec- tive date of the act shall not require a permit except under the following circumstances: (a) When the activity was unlawful prior to the effective date of the act. (b) When there has been an unreasonable period of dormancy in the project between its inception and the effective date of the act. (c) When the development is not completed within two years after the effective date of the act.. (d) When substantial development occurred prior to the effective date of the act on a shoreline and continued on to a different lake, river or tributary after the effective date, a permit shall be required for the development undertaken after the effective date. (e) Substantial development undertaken prior to the effective date of the act shall not continue without a permit into other phases that were not part of.the plan being followed at the time construction commenced. (2) When a change in the area subject to the jurisdiction of the act occurs as a result of a determination of jurisdiction by the department based on the provisions of RCW 90.58.030 (2)(d) or (e), the effective date of.the act shall be the date the department provides written notice of the change to the local government(s) in which the affected area is located. (Statutory Authority: RCW 90.58.140(3) and (90.58].200. 96 -20 -075 (Order 95 -17). § 173 -27 -070. filed 9/30/96. effective 10/31/96.] WAC 173-27-080 Nonconforming use and develop- ment standards. When nonconforming use and develop- ment standards do not exist in the applicable master pro- gram, the following definitions and standards shall apply: (1) "Nonconforming use or development" means a shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program. (2) Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks. buffers or yards: area; bulk: height or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. (3) Uses and developments that were legally established and are nonconforming with regard to the use regulations of the master program may continue as legal nonconforming uses. Such uses shall not be enlarged or expanded. except lCh. 173 -27 WAC —p. 61 that nonconforming single - family residences that are located landward of the ordinary high water mark may be enlarged or expanded in conformance with applicable bulk and dimensional standards by the addition of space to the main structure or by the addition of normal appurtenances as defined in WAC 173 -27 -040 (2)(g) upon approval of a conditional use permit. (4) A use which is listed as a conditic.L: use but which existed prior to adoption of the master -:-ogram or any relevant amendment and for which a condi::.mal use permit has not been obtained shall be considered nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of the master program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use. (5) A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. (6) A structure which is being or has been used for a nonconforming use may be used for a different nonconform- ing use only upon the approval of a conditional use permit. A conditional use permit may be approved only upon a finding that: (a) No reasonable alternative conforming use is practi- cal; and (b) The proposed use will be at least as consistent with the policies and provisions of the act and the master program and as compatible with the uses in the area as the preexisting use. In addition such conditions may be attached to the permit as are deemed necessary to assure compliance with the above findings, the requirements of the master program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. (7) A nonconforming structure which is moved any distance must be brought into conformance with the applica- ble master program and the act. (8) If a nonconforming development is damaged to an extent not exceeding seventy -five percent of the replacement cost of the original development. it may be reconstructed to those configurations existing immediately prior to the time the development was damaged, provided that application is made for the permits necessary to restore the development within six months of the date the damage occurred, all permits are obtained and the restoration is completed within two years of permit issuance. (9) If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two - year period, the nonconforming rights shall expire and any subsequent use shall be conforming. A use authorized pursuant to•subsection (6) of this section shall be considered a conforming use for purposes of this section. (10) An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established in accordance with local and state subdivision requirements prior to the effective date of the act or the applicable master program but which does not conform to the present lot size standards may he developed if permitted by other land use regulations of the local government and so long as such development conforms to all 4V175ssfTfR2W6r?2,%"memr» n,.r.wFh,,,,.:,« ,,.∎,errormtrrit RWM."mre+TJBZ..,.7," ��rt±;�rr�7rc;.,A7j}vt�. fi,.y970,21M -`14, Z Fa=-w Ce J U; UO: V) C3 W = to u-. W O}}. ▪ ?. D.a =III Z � I- O Z H, 11.1 uj 2p O U. CI F- =U 1- -. ti O. Z' — O I- Z ., horeline Management — Permits and Enfo .ment other requirements of the applicable master program and the act. (Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96- 20.075 (Order 95 -17), § 173 -27 -080. filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -090 Time requirements of permit. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a variance or conditional use permit. (1) Upon a finding of good cause, based on the require- ments and circumstances of the project proposed and consistent with the policy and provisions of the master program and the act, local government may adopt appropri- ate time limits as a part of action on a substantial develop- ment permit and local government, with the approval of the department. may adopt appropriate time limits as a part of action on a conditional use or variance permit: "Good cause based on the requirements and circumstances of the project." shall mean that the time limits established are reasonably related to the time actually necessary to perform the develop- ment on the ground and complete the project that is being permitted. and/or are necessary for the protection of shore- line resources. (2) Where neither local government nor the department include specific provisions establishing time limits on a permit as a part of action on the permit. the following time limits shall apply: (a) Construction shall be commenced or, where no construction is involved, the use or activity shall_be com- menced within two years of the effective date of a shoreline permit. Provided, that local government may authorize a single extension for a period not to exceedrane year based r aion i t :�....iCS, if . ;L:dSZ for e x:ensi been filed before the expiration date and notice of the proposed extension is given to parties of record and the department. (b) Authorization to conduct development activities shall terminate five years after the effective date of a shoreline permit. Provided, that local government may authorize a single extension for a period not to exceed one year based on reasonable factors. if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and the department. (3) The effective date of a shoreline permit shall be the date of the last action required on the shoreline permit and all other government permits and approvals that authorize the development to proceed, including all administrative and legal actions on any such permit or approval. It is the responsibility of the applicant to inform the local government of the pendency of other permit applications filed with agencies other than the local government and of any related administrative and legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the local government prior to the date established by the shoreline permit or the provisions of this section. the expiration of a permit shall be based on the shoreline permit. (4) When permit approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to commencement of a nonstructural activity: Provided. That an alternative compliance limit may be specified in the permit. 19/1)/961 173 -27 -0811 (5) Revisions to permits under WAC 173 -27 -100 may be authorized after original permit authorization has expir_d under subsection (2) of this section: Provided, That this procedure shall not be used to extend the original permit time requirements or to authorize substantial development after the time limits of the original permit. (6) Local government shall notify the department in writing of any change to the effective date of a permit, as authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than.those authorized by this section shall require a new permit application. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96 -20 -075 (Order 95 -17), § 173 -27 -090, filed 9/30/96. effective 10/31/96.) WAC 173 -27 -100 Revisions to permits. A permit revision is required whenever the applicant proposes substan- tive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit. the master program and /or the policies and provisions of chapter 90.58 RCW. Changes which are not substantive in effect do not require approval of a revision. When an applicant seeks to revise a permit, local government shall request from the applicant detailed plans and text describing the proposed changes. (1) If local government determines that the proposed changes are within the scope and intent of the original permit, and are consistent with the applicable master program and the act, local government may approve a revision. (2) "Within the scope and intent of the original permit" means all of the following: (a) No additional over water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet or ten percent from the provi- sions of the original permit, whichever is less; (b) Ground area coverage and height may be increased a maximum of ten percent from the provisions of the original permit; (c) The revised permit does not authorize development to exceed height, lot coverage, setback, or any other require- ments of the applicable master program except as authorized under a variance granted as the original permit or a part thereof; (d) Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program; (e) The use authorized pursuant to the original permit is not changed; and' (f) No adverse environmental impact will be caused by the project revision. (3) Revisions to permits may be authorized after original permit authorization has expired under WAC 173 -27- 080(2). The purpose of such revisions shall be limited to authoriza- tion of changes which are consistent with this section and which would not require a permit for the development or change proposed under the terms of chapter 90.58 RCW, this regulation and the local master program. If the proposed change constitutes substantial development then a new (Ch. 173.27 WAC —p. 71 "Oi9Wf�l+a vn»w.. vsw + «. u. . k Ewa w.mwTt4 l . c/uP .L vaWvcw • nr .n.n- w .w.w....c.., 'Arta PIIrCel�i^��r - we+New�.•rx ore-. o-..«,. n. r„ ., �,-: ee�^+! na�em� %a!;YEa'Tik.bE�T,S'.7'•'8, c'k'�'°.trF.K,'.f?�.:.��r. .. Z �Z 6 W' J U. 00 to 0 W =. J 1. W 0. LLQ c./2 a W H _ Z i- O` Z uj 2 U� 0 En- 1— W ui H U; u. O: H • =� O 1- Z 173 -27 -100 ♦PM1Hiw .shoreline Management— Permits and Enh. . ement permit is required. Provided, this subsection shall not be used to extend the time requirements or to authorize substan- tial development beyond the time limits of the original permit. (4) If the sum of the revision and any previously approved revisions under former WAC 173 -14 -064 or this section violate the provisions in subsection (2) of this section. local government shall require that the applicant apply for a new permit. (5) The revision approval, including the revised site plans and text consistent with the provisions of WAC 173- 27 -180 as necessary to clearly indicate the authorized changes. and the final ruling on consistency with this section shall be filed with the department. In addition, local government shall notify parties of record of their action. (6) If the revision to the original permit involves a conditional use or variance, local government shall submit the revision to the department for the department's approval, approval with conditions, or denial, and shall indicate that the revision is being submitted under the requirements of this subsection. The department shall render and transmit to local government and the applicant its final decision within fifteen days of the date of the department's receipt of the submittal from local government. Local government shall notify parties of record of the department's final decision. (7) The revised permit is effective immediately upon final decision by local government or, when appropriate under subsection (6) of this section, upon final action by the department. (8) Appeals shall be in accordance with RCW 90.58.180 and shall be filed within twenty -one days from the date of receipt of the local government's action by the department or, when appropriate under subsection (6) of this section, the date the department's final decision is transmitted to local government and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection (2) of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. [Statutory Authority: RCW 90.58.140(3) and 190.581.200. 96 -20 -075 (Order 95 -17), § 173 -27 -100, filed 9/30/96, effective 10(31/96.1 WAC 173 -27 -110 Notice required. (1) Local government shall develop and adopt a system which provides for notification of the public. the department and other agencies with jurisdiction of applications for a shoreline management substantial development, conditional use. or variance perniit. Notification pursuant to this section may be carried out as a part of an integrated local permit notification procedure. (2) The system shall assure that notice of application shall be provided within fourteen days after the determina- tion of completeness as provided in RCW 36.70B.070 and WAC 173 -27 -1.80. and include the following in whatever sequence or format the local government deems appropriate: ICh. 173 -27 WAC —p. 81 (a) The date of application. the date of the notice of completion for the application. and the date of the notice of application; (b) A description of the proposed project action and a list of the project permits included in the application and. if applicable, a list of any studies requested under RCW 36.70B.070, 36.70B.090 and WAC 173 -27 -180: (c) The identification of other permi'. :sot included in the application to the extent known by the wcal government: (d) The identification of existing environmental docu- ments that evaluate the proposed project, and, if not other- wise stated on the document providing the notice of applica- tion. such as a city land use bulletin, the location where the application and any studies can be reviewed; (e) A statement of the public comment period, which shall be not less than thirty days following the date of notice of application. and statements of the right of any .person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made. and any appeal rights. A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit; (f) The date, time, place, and type of hearing, if applica- ble and scheduled at the date of notice of the application: (g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency; and (h) Any other information determined appropriate by the local government. (3) If an open record predecision hearing, as defined in RCW 36.70B.020, is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing. (4) The notification system shall assure that notice to the general public and property owners in the vicinity of such application is given by at least one of the following methods: (a) Mailing of the notice to the latest recorded real property owne ^s as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the development is proposed; (b) Posting of the notice in a conspicuous manner on the property upon which the project is to be undertaken: or (c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public. (5) The notification system shall provide for timely notification of individuals and organizations that request such notice in writing. (6) The notification system shall provide notice to all agencies with jurisdiction per chapter 43.21C RCW and to all other agencies that request in writing any such notice. [Statutory Authority. RCW 90.58.140(3) and 190.581.200. 96. 2(1.075 (Order 95 -17). § 173-27-110. filed 9 /30/96. effective 10/31/96.1 WAC 173 -27 -120 Special procedures for limited utility extensions and bulkheads. (1) An application for a substantial development permit for a limited utility extension t v/311P8, t ., horeline Management— Permits and Enft. :ment or for the construction of a bulkhead or other measures to protect a single- family residence and its appurtenant struc- tures• from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used: (a) The public comment period shall be twenty days. The notice provided shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance; (b) The local government shall issue its decision to grant or deny the permit within twenty -one days of the last day of the comment period specified in subsection (2)(a) of this section; and (c) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days. (2) For purposes of this section, a limited utility extension means the extension of a utility service that: (a) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer; (b) Will serve an existing use in compliance with this chapter; and (c) Will not extend more than two thousand five hundred linear feet within the shorelines of the state. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96 -20 -075 (Order 95 -17), § 173-27-120. filed 9/30/96, effective 10/31/96.1 WAC 173 -27 -130 Filing with department. (1) All applica :inns for a permit or a permit revision shall be submitted to the department upon a final decision by local government. Final decision by local government shall mean the order or ruling, whether it be an approval or denial, which is established after all local administrative appeals related to the permit have concluded or the opportunity to initiate such appeals have lapsed. (2) When a substantial development permit and a conditional use or variance permit are required for a devel- opment, the submittal on the permits shall be made concur- rently. (3) A complete submittal shall consist of the following documents and information: (a) A copy of the complete application pursuant to WAC 173 -27 -180; (b) Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation, applicable master program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s) as established in WAC 173 -27 -140 through 173- 27 -170; (c) The final decision of the local government; (d) The permit data sheet required by WAC 173 -27- 190; and (e) Where applicable. local government shall also file the applicable documents required by chapter 43.21C RCW. the State Environmental Policy Act. or in lieu thereof. a statement summarizing the actions and dates of such actions taken under chapter 43.2IC RCW. ty /10/961 :1 173 -27 -120 (4) When the project has been modified in the course of the local review process, plans or text shall be provided to the department that clearly indicate the final approved plan. (5) Submittal of substantial development permits, conditional use permits, variances, rescissions and revisions is complete when all of the documents required pursuant to subsections (3) and (4) of this section have been received by the department. If the department determines that the submittal does not contain all of the documents and informa- tion required by this section, the department shall identify the deficiencies and so notify local government and the applicant in writing. The submittal and permit are void unless and until the material requested in writing is submit- ted to the department. • (6) "Date of filing" of a local government final decision involving approval or denial of a substantial development permit, or involving a denial of a variance or conditional use permit, is the date of actual receipt of a complete submittal by the department. (7) "Date of filing" of a permit for a conditional use or variance approved by local government, and such permits which also involve concurrent submittal by local government of a substantial development permit, is the date of transmittal of the department's final decision on the variance or condi- tional use permit to local government and the applicant. (8) The department shall provide a written notice to the local government and the applicant of the "date of filing." (9! When a permit has been appealed pursuant to RCW 90.58.130, upon conclusion of all review proceedings, a copy of the final order shall be provided to the local government and the department. When the project has been modified in the course of the review proceeding, plans or text shall be provided to the local government, consistent with the provisions of WAC 173 -27 -180, that clearly indicate the final approved plan and the local government shall reissue the permit accordingly and submit a copy of the reissued permit and supporting documents consistent with subsection (3) of this section to the department for completion of the file on the permit. The put-pose of this provision is to assure that the local and department files on the permit are com- plete and accurate and not to provide a new opportunity for appeal of the permit. (Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96 -20 -075 (Order 95 -17). § 173 -27 -130. filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -140 Review criteria for all develop- ment. (1) No authorization to undertake use or development on shorelines of the state shall be granted by the local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the master program. (2) No permit shall be issued for any new or expanded building or structure of more than thirty -five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served (Statutory Authorty• RCW 90.58.140(3) and 190.581.200. 96-20-075 (Order 95.17). fi 173.27.140. filed 9/30/96. effective 10/31/96 1 (Ch. 173 -27 WAC —p. 91 Z. W. QQ JU U0: CO W= J I . co uj WO` J. 2'. ZF.; 1— 0 Z I- 2 M0 0 -" W UJ H W F- - O: • w Z co 0 I'-' Z. 173 -27 -150 : horeline Management— Permits and Enft. WAC 173 -27 -150 Review criteria for substantial development permits. (1) A substantial development permit shall be granted only when the development proposed is consistent with: (a) The policies and procedures of the act; (b) The provisions of this regulation; and (c) The applicable master program adopted or approved for the area. Provided, that where no master program has been approved for an area. the development shall be re- viewed for consistency with the provisions of chapter 173 -26 WAC, and to the extent feasible, any draft or approved master program which can be reasonably ascertained as representing the policy of the local government. (2) Local government may attach conditions to the approval of permits as necessary to assure consistency of the project with the act and the local master program. (Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96 -20 -075 (Order 95 -17). § 173 -27 -150, filed 9/30/96, effective 10/31/96.1 WAC 173 -27 -160 Review criteria for conditional use permits. The purpose of a conditional use permit is to provide a system within the master program which allows flexibility in the application of use regulations in a manner consistent with the policies of RCW 90.58.020. In authoriz- ing a conditional use, special conditions may be attached to the permit by local government or the department to prevent undesirable effects of the proposed use and /or to assure consistency of the project with the act and the local master program. (1) Uses which are classified or set forth in the-applica- ble master program as conditional uses may be authorized provided that the applicant demonstrates all of the following: (a) That the proposed use is consistent With the policies of RCW 90.58.020 and the master program; (b) That the proposed use will not interfere with the normal public use of public shorelines; (c) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the compre- hensive plan and shoreline master program; (d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (e) That the public interest suffers no substantial detrimental effect. (2) In the granting of all conditional use permits. consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other develop- ments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. (3) Other uses which are not classified or set forth in the applicable master program may be authorized as condi- tional uses provided the applicant can demonstrate consisten- cy with the requirements of this section and the requirements for conditional uses contained in the master program. (4) Uses which are specifically prohibited by the master program may not be authorized pursuant to either subsection ( I ) or (2) of this section. 1Ch. 173 -27 WAC —p. 101 ment (Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96- 20.075 (Order 95 -17). § 173 -27 -160, filet 9/30/96. effective 10/31/96.1 WAC 173 -27 -170 Review criteria for variance permits. The purpose of a variance permit is strictly limited to granting relief from specific bulk. dimensional or perfor- mance standards set forth in the applicable master program where there are extraordinary circumstance:. relating to the physical character or configuration of property such that the strict implementation of the master program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. (1) Variance permits should be granted in circumstances where denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. (2) Variance permits for development and /or uses that will be located landward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(b), and /or landward of any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can demonstrate all of the following: (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes. or significantly interferes with, reason- able use of the property; (b) That the hardship described in (a) of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the master program. and not. for example, from deed restrictions or the applicant's own actions; (c) That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; (d) That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; (e) That the variance requested is the minimum neces- sary to afford relief; and (f) That the public interest will suffer no substantial detrimental effect. (3) Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM), as defined in RCW 90.58.030 (2)(b), or within any wetland as defined in RCW 90.58.030 (2)(h), may be authorized provided the applicant can demonstrate all of the following: (a) That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property; (b) That the proposal is consistent with the criteria established under subsection (2)(b) through (f) of this section; and (c) That the public rights of navigation and use of the shorelines will not be adversely affected. (4) In the granting of all variance permits. consideration shall he given to the cumulative impact of additional . trz!er+++v�+ys�°: e! rwuw�. �ruy ,...»e,•.,,•eerM'aa'�et3.*.+? Z Z 00. WI Jj- N uL. WO. 2 gQ =.- W; ZH Z O 111 uj O -.. C] II- w W` O; u Z U O 1- Z .shoreline Management— Permits and Enfc,. _meet requests for like actions in the area. For example if varianc- es were granted to other developments and /or uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. (5) Variances from the use regulations of the master program are prohibited. [Statutory Authority: RCW 90.58.140(3) and 190.581.200. 96 -20 -075 (Order 95 -17), § 173 -27 -170. filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -180 Application requirements for substantial development, conditional use, or variance permit. A complete application for a substantial develop- ment, conditional use, or variance permit shall contain, as a minimum, the following information: (1) The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the represen- tative of the owner or primary proponent. (2) The name, address and phone number of the applicant's representative if other than the applicant. (3) The name, address and phone number of the property owner. if other than the applicant. (4) Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. (5) Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the act over the project is derived. (6) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. (7) A general description of the property as it now exists including its physical characteristics and improvements and structures. (8) A general description of the vicinity of the proposed project including identification of the adjacent uses, struc- tures and improvements, intensity of development and physical characteristics. (9) A site development plan consisting of maps and elevation drawings. drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include: (a) The boundary of the parcel(s) of land upon which the development is proposed. (h) The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan 1911(1 /%1 ArtentErtqlmmom • twil�Swi.:.Awv;,3+u�.t;uf ra 173 - 27.170 shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. . (c) Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approxi- mated for that area. (d) A delineation of all wetland areas that will be altered or used as.a part of the development. (e) A general indication of the character of vegetation found on the site. (f) The dimensions and locations of all existing and proposed structures and improvements including but not limited to; buildings, paved or graveled areas, roads, utilities. septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. (g) Where applicable, a landscaping plan for the project. (h) Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. (i) Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent. (j) Quantity, composition and destination of any exca- vated or dredged material. (k) A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. (1) Where applicable, a depiction of the impacts to views from exit: z; residential uses and public areas. (m) On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property provide a basis for the request. and the location of adjacent structures and uses. rStatutnry Authority: RCW 90.58.140(3) and 190.581.200. 96 -20 -075 (Order 95 -17), § 173 -27 -180, filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -190 Permits for substantial develop- ment., conditional use, or variance. (1) Each permit for a substantial development, conditional use or variance, issued by 1oc^.l r vernment shall contain a provision that construc- tion pursuant to the permit shall not begin and is not authorized until twenty -one days from the date of filing as defined in RCW 90.58.140(6) and WAC 173 -27 -130, or until all review proceedings initiated within twenty -one days from the date of such filing have been terminated; except as provided in RCW 90.58.140 (5)(a) and (b). (2) Permits for substantial development, conditional use or variance may be in any form prescribed and used by local government including a combined permit application form. Such forms will be supplied by local government. (3) A permit data sheet shall be submitted to the department with each shoreline permit. The permit data sheet form shall be as provided in Appendix A of this regulation. [Statutory Authority: RCW 90.58 140(3) and 190.581.200. 96.20•075 (Order 95 -17). § 173 -27 -190. filed 9/30/96, effective 10/31/961 (( :h. 173.27 WAC—p. 111 Z HZ' W. M, UO N CI W W CO U. WO = al. _. 1- 0 Z 1— O • — 0 1—. Wui I- V — O Z. 111 co U =. 0 1-_ Z 173- 27 -20) shoreline Management— Permits and Enf. tmeni WAC 173 -27 -200 Department review of conditional use and variance permits. (1) After local government approval of a conditional use or variance permit. local government shall submit the permit to the department for the department's approval, approval with conditions, or denial. The department shall render and transmit to local govern- ment and the applicant its final decision approving, approv- ing with conditions, or disapproving the permit within thirty days of the date of submittal by local government pursuant to WAC 173 -27 -110. (2) The department shall review the complete file submitted by local government on conditional use and variance permits and any other information submitted or available that is relevant to the application. The department shall base its determination to approve, approve with conditions or deny a conditional use permit or variance on consistency with the policy and provisions of the act and, except as provided in WAC 173 -27 -210, the criteria in WAC 173 -27 -160 and 173 -27 -170. (3) Local government shall provide timely notification of the department's final decision to those interested persons having requested notification from local government pursuant to WAC 173 -27 -130. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96 -20 -075 (Order 95 -17), § 173 -27 -200. filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -210 Minimum standards for condi- tional use and variance permits. Pursuant to RCW 90.58.100(5) and 90.58.140(3), the criteria contained in WAC 173 -27 -160 and 173-27-170 for shoreline coriditional use and variance permits shall constitute the minimum criteria for review of these permits by local government and the department. Local government and the department may, in addition, apply the more restrictive criteria where they exist in approved and adopted master programs. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96 -20 -075 (Order 95 -17), § 173 -27 -210. filed 9/30/96, effective 10/31/96.] WAC 173 -27 -220 Requests for review. All requests for review of any final permit decisions under chapter 90.58 RCW and chapter 173 -27 WAC are governed by the procedures established in RCW 90.58.180 and chapter 461- 08 WAC, the rules of practice and procedure of the shore- lines hearings board. (Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96 -20 -075 (Order 95 -17). § 173 -27 -220. filed 9/30/96, effective 10/31/96.] PART II SHORELINE MANAGEMENT ACT ENFORCEMENT WAC 173 -27 -240 Authority and purpose. This pan is adopted under RCW 90.58.200 and 90.58.210 to imple- ment the enforcement responsibilities of the department and local government under the Shoreline Management Act. The act calls for a cooperative program between local govern- ment and the state. It provides for a variety of means of enforcement. including civil and criminal penalties, orders to cease and desist. orders to take corrective action. and permit rescission. The following should be used in addition to other I C: h. 173.27 WAC—p. 121 mechanisms already in place at the local level and does not preclude other means of enforcement. (Statutory Authonty: RCW 90.58.140(3) and [90.58].200. 96-20-075 (Order 95 -17). § 173 -27 -240. filed 9/30/96. effective 10/31/96.1 WAC 173 -27 -250 Definitions. The definitions contained in WAC 173 -27 -030 shall apply in this part also except that the following shall apply when used in this part of the regulations: (1) "Permit" means any form of permission required under the act prior to undertaking activity r n shorelines of the state, including substantial development permits, varianc- es, conditional use permits, permits for oil or natural gas exploration activities, permission which may be required for selective commercial timber harvesting, and shoreline exemptions; and ,(2) "Exemption" means authorization from local government which establishes that an activity is exempt from substantial development permit requirements under WAC 173 -27 -040. but subject to regulations of the act and the local master program. [Statutory Authority: RCW 90.58.140(3) and [90.581.200. 56- 20.075 (Order 95 -17). § 173 -27 -250, filed 9/30/96, effective 10/31/961 WAC 173 -27 -260 Policy. These regulations should be used by local government in carrying out enforcement responsibilities under the act, unless local government adopts separate rules to implement the act's enforcement provision. Enforcement action by the department or local govern- ment may be taken whenever a person has violated any provision of the act or any master program or other regula- tion promulgated under the act. The choice of enforcement action and the severity of any penalty should be based on the nature of the violation. the damage or risk to the public or to public resources. and/or the existence or degree of bad faith of the persons subject to the enforcement action. [Statutory Authority: RCW 90.58.140(3) and [90.58] 200. 96 -20 -075 (Order 95 -17), § 173 -27 -260. filed 9/30/96, effective 10/31/96.] WAC 173 -27 -270 Order to cease and desist. Local government and/or the department shall have the authority to serve upon a person a cease and desist order if an activity being undertaken on shorelines of the state is in violation of chapter 90.58 RCW or the local master program. (1) Content of order. The order shall set forth and contain: (a) A description of the specific nature, extent, and time of violation and the damage or potential damage; and (b) A notice that the violation or the potential violation cease and desist or. in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under WAC 173 -27 -280 may be issued with the order. • (2) Effective date. The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed. (3) Compliance. Failure to comply with the terms of a cease and desist order can result in enforcement actions including, but not limited to. the issuance of a civil penalty. (Statutory Authority: RCW 90 58.140(31 and [90.581.200. 96-20-075 (Order 95.17), § 173.27 -270. filed 9/30/96. effective 10/31/96.1 own/96 i .horeline Management— Permits and Enfk men 173 -27 -280 WAC 173 -27 -280 Civil penalty. (1) A person who fails to conform to the terms of a substantial development permit, conditional use permit or variance issued under RCW 90.58.140, who undertakes a development or use on shore- lines of the state without first obtaining a permit, or who fails to comply with a cease and desist order issued under these regulations may be subject to a civil penalty by local government. The department may impose a penalty jointly with local government, or alone only upon an additional finding that a person: (a) Has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule; or (b) Has been given previous notice of the same or similar type of violation of the same statute or rule; or (c) The violation has a probability of placing a person in danger of death or bodily harm: or (d) Has a probability of causing more than minor environmental harm; or (e) Has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars. (2) In the alternative, a penalty may be issued to a person by the department alone, or jointly with local govern- ment for violations which do not meet the criteria of subsection (1)(a) through (e) of this section, after the following information has been provided in writing to a person through a technical assistance visit or a notice of correction: (a) A description of the condition that is not itt compli- ance and a specific citation to the applicable law or rule; (b) A statement of what is required to achieve compli- ance; (c) The date by which the agency requires compliance to be achieved; (d) Notice of the means to contact any technical assistance services provided by the agency or others; and (e) Notic.e of when, where. and to whom a request to extend the time to achieve compliance for good cause may be filed with the agency. Furthermore, no penalty shall be issued by the depart- ment until the individual or business has been given a reasonable time to correct the violation and has not done so. (3) Amount of penalty. The penalty shall not exceed one thousand dollars for each violation. Each day of violation shall constitute a separate violation. (4) Aiding or abetting. Any person who, through an act of commission or omission procures. aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. (5) Notice of penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail -with return receipt requested or by personal service. to the person incurring the same from the department and /or the local government, or from both jointly. The notice shall describe the violation. approximate the date(s) of violation. and shall order the acts constituting the violation to cease and desist, or, in appropriate cases. require necessary corrective action within a specific time. (6) Application for remission or mitigation. Any person incurring a penalty may apply in writing within thirty days of receipt of the penalty to the department or local govern - (9/30/44) ment for remission or mitigation of such penalty. Upon receipt of the application, the department or local govern- ment may remit or mitigate the penalty only upon a demon- stration of extraordinary circumstances. such as the presence of information or factors not considered in setting the original penalty. When a penalty is imposed jointly by the department and local government. it may be remitted or mitigated only upon such terms as both the department and the local government agree. [Statutory Authority: RCW 90.58.140(3) and 190.581.200. 96 -20 -075 (Order 95 -17), § 173 -27 -280, filed 9/30/96, effective 10/31/96.1 WAC 173 -27 -290 Appeal of civil penalty. (1) Right of appeal. Persons incurring a penalty imposed by the department or imposed jointly by the department and local government may appeal the same to the shorelines hearings board. Appeals to the shorelines hearings board are adjudi- catory proceedings subject to the provisions of chapter 34.05 RCW. Persons incurring a penalty imposed by local government may appeal the same to the local government legislative authority. (2) Timing of appeal. Appeals shall be filed within thirty days of receipt of notice of penalty unless an applica- tion for remission or mitigation is made to the department or local government. If such application is made. apceals shall be filed within thirty days of receipt of local government's and/or the department's decision regarding the remission or mitigation. (3) Penalties due. (a) Penalties imposed under this section shall become due and payable thirty days after receipt of notice imposing the same unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty days after receipt of local government's and/or the department's decision regarding the remission or mitigation. Whenever an appeal of a penalty,is filed. the penalty shall become due and payable upon completion of all review proceedings and upon the issuance of a final decision confirming the penalty in whole or in part. (b) If the amount of a penalty owed the department is not paid within thirty days after it becomes due and payable, the attorney general, upon request of the department. shall bring an action in the name of the state of Washington to recover such penalty. If the amount of a penalty owed local government is not paid within thirty days after it becomes due and payable, local government may take actions neces- sary to recover such penalty. (4) Penalty recovered. Penalties recovered by the department shall be paid to the state treasurer. Penalties recovered by local government shall be paid to the local government treasury. Penalties recovered jointly by the department and local government shall be divided equally between the department and the local government unless otherwise stipulated in the order. (Statutory Authority. RCW 90.58.140(3) and 190 581.200. 96. 20.075 (Order 95 -17). § 173-27-290. filed 9/30/96. effective 10/31/96.) WAC 173 -27 -300 Criminal penalty. The procedures for criminal penalties shall be governed by RCW 90.58.220. )Ch. 173 -27 WAC —p. 131 Z Q�Q 2 WD 00, 0 CI W 2. • N LL W O' gJ, LL j. Z Cy 2 �: D W mu 1- U tL 0'_ Z: 'U co! 0 1H Z 173 -27 -300 Thhoreline Management — Permits and Er& :merit (Statutory Authority: RCW 90.58.140(3) and (90.581.200. 96- 20.075 (Order 95-17), § 173-27-300. filed 9!30196, effective 10/31/96.1 WAC 173 -27 -310 Oil or natural gas exploration — Penalty. Persons violating the provisions of RCW 90.58.550 or chapter 173 -15 WAC shall be subject to a civil penalty issued by the department in an amount of up to five thousand dollars a day. The procedures for oil or natural gas exploration penalties shall be governed by RCW 9038.560. (Statutory Authority: RCW 90.58.140(3) and [90.581.200. 96 -20 -075 (Order 95-17), § 173 -27 -310. filed 9/30/96. effective 10/31/96.1 ((:h. 173.27. WAC—p. 141 14/111/961 ) .noreline Management— Permits and Enfe anent 173 -27 -990 WAC 173 -27 -990 Appendix A. Appendix A Shoreline Management Act Permit Data Sheet and Transmittal Letter z 1 From: (local government) To: (appropriate Ecology ofYice) �QQ W J U, 00- N O; Date of Transmittal: Date of Reciept:_(provided by Ecology) I Type of Permit: (Indicate all that apply) • N p' Substantial Development ; Conditional Use _; Variance _; Revision _; Other 2 J Local Government Decision: Approval _; Conditional Approval ; Denial : to D Applicant Information: Applicant's Representative: (If primary contact) I W; Name: Name: z' _ 0` Address: Address: Ill al; U O O Hj :W W` I- Phone(s): Phone(s): t' — -- O z:. UN. Is the applicant the property owner? _yes _no ~i Location of the Property: (Section Township and Range to the nearest 1/4, 1/4 Section or latitude and 0 z longitude, and a street address where available) Water Body Name: Shoreline of Statewide Significance: Yes_ No Environment Designation: Description of the Project: (Summary of the intended use or project purpose) Notice of Application Date: Final Decision Date: By: (Local Government Primary Contact on this Application) Phone No: tStatuu ry Authority• RCW 90.58.I40(3) and X90.511.200 96- 20.075 (Order 9S -17). § 171-27-990. riled 9/30/96. effective I0/3I/96.1 49/10/96) (Ch. 173-27 WAC —p. 151 M E M O R A N D U M TO: Steve Lancaster, Dire FROM: Ann Siegenthaler / O RE: MORRIS /STENSEN ,'•RD #L95- 0028/L95 -0029 -- Final approval DATE: July 26, 1995 The Morris /Stensen Administrative Planned Residential Development (4414,. 4434 South 150th Street) is ready for your approval. Per the Sensitive Areas Ordinance, Morris and Stensen have completed the APRD application as a condition of their short plat approval. There are slopes of approx. 15 % -20% in the rear of their properties. Attached are the documents typically required by DCD for APRD's. The corresponding short plat documents are attached. This APRD meets standards similar to those applied by DCD in previously approved APRD's.. Based on this, I recommend approval of the APRD. Please indicate your approval below. Approved by DCD Director cc: File O .4/0/ N _ Q 7- 6 �" C,6 1c L/ 7 9 D c� /'2 e y _. ct.:99 (3NiIv arc. 3 it)EVEt8ViVi rr 2- l�r. .r. �'n!�'� "-�% I�f� P �'. _ _ c ,9 vs - o.F_r4 _7"6,x_ 6 f, A X y o t.rG- 7` /9.1 0 itki((;) trz--o p 542_ /- //91,c2.. , - .! .S" /T_. /' 46, (74 o.C/r(f r 769r :0.40.,6 a 6 (re: f"----6:7 /-7/V.' ,r1/2- _ ,tv Z ,1 „WA/E. d10,40X///1- (-= 71/:( z-f‘/e.--0 my /id _ _ /7.9 t • cc 2 w. 0; N0. W w, w • 0 g� dr- I— 0. z�. U '0 N` CI I— u. — o. wZ' U N H'. z ADMINIS'RATIVE PLANNED RESIDENi SAL DEVELOPMENT APPLICATION CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3680 1. 2. TOTAL NUMBER OF PROPOSED DWELLING UNIT LOTS: ZONING OF SUBJECT SITE: 3 3. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and sub- division; or tax lot number, access street, and nearest intersection) r�vZoo _ oo7CU Quarter: / Section: 2 Township: v -5 Range: (This information may be found on your tax statement) 4. APPLICANT:* Name: / . Si-- �Se",V Address: 413 `� Sc). - /Co o5 �7 P ne: s9 TT £E Signature: 7f,, ; 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. 5. PROPERTY Name: OWNER AFFIDAVIT OF OWNERSHIP m . E.tisS -/ Address: .4/3 /- (c./. -O /did ; / L( qg / ?p Phone: 2--- 17-- - O 3-7 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. 1 ,3( /,' %sue RECEIVED RN 3 1 1995 COMMUNITY DEVELOPMENT Date: May 30, 1995 City of Tukwila Department of Community Development John W. Rants, Mayor Steve Lancaster, Director Dear Property Owner: • Please be advised that the City of Tukwila has received an application for a land use action at a location near your property, as follows: PROJECT: LOCATION: PROPOSAL: File #L94-0050, #L94-0051: MORRIS/STENSEN SHORT PLAT 4434 & 4414 South 150th Street NE Section 22, Twn. 23, Rge. 4; Tukwila, WA. Subdivide Lots 13 and 14 into a total of 6 single-family residential lots. Due to steep slopes located on the property, the Sensitive Areas Ordinance requires that surrounding property owners be notified of this short subdivision proposal. APPLICANT: Mr. I.M. Stensen, and Mrs. E. Morris, property owners. The City of Tukwila is reviewing the above proposal, and will make a determination to approve, approve with conditions, or deny the proposal. Your comments are welcome. If you wish to comment on the above proposal, please submit comments in writing by June 12, 1995 to: Ms. Ann Siegenthaler, Associate Planner City of Tukwila Dept. of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 If you have any questions on the proposal, please feel free to call Ann Siegenthaler at (206)431-3670. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Far (206) 431-3665 Z 4.5 56 (,) 7;4035 • Le 7-' ..., 0 ,., ill it 4 4‘14Plili J. 11 t r-,: I LI , Sr D VII Z!ii'l ii, , .1_ __! Pciffl.p.; ,c- ,■,, \ • 7 ik 3'18 1 t - . No . .. ' 9. • 5 1.2.71... '4 :4:1 i MB CO ----- .0 19. 12 %\‘‘ 0 1 tt 1 1 1 ,1 II a i iii 4.54 I 444 4 • , 18 t .,-, to • 173.4 I7 1 ...- a, 1 I 44 4 i 4 44 `, 425© }' 15 1 q 1111 1 14 • ,kk C4 4 1 (44 13 a 170.3 12 C:-.3 ...-. • • rill 461 11 , .:4. Li n Kas 1 ti •-•22.•-•-. b I." • i." ?ma sr) 9 ra5 L • 130 7 +22$ 22 7 12 WAS 0 1.13- !+:: • (.snit sr) "r OPEN '1'45J 770. 4••4 :se 1650 IS Of 2 • 18 5 6 16 15 L.12 • • iv0 I" 13 !PI 1 14511 II r.415 I P°I■ ;.11 :11 7,1 6579 63'47- . c 1 ' so .4 0 12)' NCrvr; ;3R0 SO OPEN 8 5 Ilifli.N 7 2-c VW' 1 i s*. snot 14 u .,. (2) 7.3 5 10 11. 77 V Is.. "?... OTH5I .2 ,. 1) g ,74 r. a Q t 111 46 40 4 A 4 v 1m 12 i. . _ 11) I 5,2‘..1. t'-'s1<ilt 4.4 111101.n.4_10411;°17. i 8 • 111- tt tt 9 1 '4 4.1 4 ISR10314C70 e ..,C3 ... 10 0 1 , 2 3 10 tii_4____ 1-- 11 ,C 20 19 18 17 16 15 .1' 14 11 ....: •,k ■-.1 E.. 1 i 1 c%.5.11.5 151.5 71-7, rfe- ,540 At, -1210- 1S2C6 CI38C. 17. .t7 Yd es, T.665 71 5, •40 'IHENDRICKS 1 :1..58 1 SARAH M. ROBE R T Ile 7 At. 'CHAN' e CRLAiN x , 517;1" rt:..77 1 1 0 4 _LA& Is. i 1 fill 7.I 7 771. 1. ssAc. 1.--,.2q1 .rt.): 1' rr'i -1 -, .c....2..g___A :t• ,,,,,,_) J-----f: 412/ I :.1 WA 40 le.1.773" .1 7 a o b PA. f21,4' 152E1 7: FI'Ves ,19.5zAcrtnvis, 4.0004 U.5 346 Ac ocs pzi • ;.1-1 ' waits3i440- -Tet Le 7-' ..., 0 ,., ill it 4 '5 • cf] 6 I /1 ,„ i ,I, CI '11! ._v_ b , ----- 7 Iii 10 1 31 7■. 11 - - -- - .3 IL5O i46 19 • - -18-- 6 n 1 to % 4 E3 174.4 li 1 i ; - 1 tIll •IM, 1 0 I 39 4 .. 16 /f4.4 ' 15 ' Lgli .....4.4 RE ill t ■ 074 4 I407::: .P. I k; .i.' v.,' tt. 1? :se 1650 IS Of 2 • 18 5 6 16 15 L.12 • • iv0 I" 13 !PI 1 14511 II r.415 I P°I■ ;.11 :11 7,1 6579 63'47- . c 1 ' so .4 0 12)' NCrvr; ;3R0 SO OPEN 8 5 Ilifli.N 7 2-c VW' 1 i s*. snot 14 u .,. (2) 7.3 5 10 11. 77 V Is.. "?... OTH5I .2 ,. 1) g ,74 r. a Q t 111 46 40 4 A 4 v 1m 12 i. . _ 11) I 5,2‘..1. t'-'s1<ilt 4.4 111101.n.4_10411;°17. i 8 • 111- tt tt 9 1 '4 4.1 4 ISR10314C70 e ..,C3 ... 10 0 1 , 2 3 10 tii_4____ 1-- 11 ,C 20 19 18 17 16 15 .1' 14 11 ....: •,k ■-.1 E.. 1 i 1 c%.5.11.5 151.5 71-7, rfe- ,540 At, -1210- 1S2C6 CI38C. 17. .t7 Yd es, T.665 71 5, •40 'IHENDRICKS 1 :1..58 1 SARAH M. ROBE R T Ile 7 At. 'CHAN' e CRLAiN x , 517;1" rt:..77 1 1 0 4 _LA& Is. i 1 fill 7.I 7 771. 1. ssAc. 1.--,.2q1 .rt.): 1' rr'i -1 -, .c....2..g___A :t• ,,,,,,_) J-----f: 412/ I :.1 WA 40 le.1.773" .1 7 a o b PA. f21,4' 152E1 7: FI'Ves ,19.5zAcrtnvis, 4.0004 U.5 346 Ac ocs pzi • ;.1-1 ' waits3i440- t • , *• BATCH NUMBER: OX . CUSTOMER NAME. I'M STENSEN *: 004200-0025-01. . JOHNSON.LESLIE R 4245•148TH, SEATTLE WA 004200-0031-03: THAYER"ROBERT'& KIM . 9724.-110TH,AVENE. KIRKLAND'WV 004200-0033701. . THAYER ROBERT'& KIM 9724110TH•AVE NE KIRKLAND: WA. . • 004200-0039705- • lERYHEWVERN'Ale,'JOAN.0 4431,:S148TH.ST 'SEATTLE WA. . '.004200-0041701; OBRIEWMARGARET'S •4417;..S,148TW SEATTLE WA 0042000048-04 4447:S'148TH' SEATTLE'WA- 00420070053706: FIELDEVjAMESUk. .----14813A6THAVE 5, :SEATTLEWA' 004200706607075' ' • VERDVPAT: ' -1491346TWAVE'S SEATTLE WA 004200-0062-05' HARRISOWACE.J. • 4452:S.150TH- SEATTLE : WA 004200-0066-01' CAMEROWCJOHN 14915.46TH'S SEATTLE WA 629999 98168 379800 98033 379800 98033 604902 98168 R1177 98168 98168 1 i • . • , • ... • ..... ... COMMENTS 004200-0030-04 THAYER ROBERT E.KIM 9724 110TH AVE NE KIRKLAND WA 004200-0032-02 THAYER ROBERT & KIM 9724 110TH AVE NE KIRKLAND WA 004200-0035-09 PEERY'MARVIN L. 4411 S 148TH .SEATTLE WA. 004200-0040-02 MERYHEWHVERN+jOAN.0 4431S;148TH ST 'SEATTLE WA 232295 98033 379800 98033 98168 839999 98168 004200.-.0047,-.05-. MERYHEW-VERN A & JOAN.0 604902 4431 S.148TH ST SEATTLE WA 98168 004200...0052.'.07, FIELDER JAMES'A. 14813 46TH AVE S SEATTLE WA 004200-0057-02 ON4225 :; COGGER CLYDE .K. 4822 S:164TH:ST. 98168 +; SEATTLEWA. • 004200-0061-06. 840953 NOBLE. STEVEN R 4462 S'150TH 98168 SEATTLE. WA. R0579 98168 7N2525 1.171.1,` ....V. • ea. mot ....Jr., 98168 • ON4225 98168 E0280 98188 679999 98168 • 004200-0065-02 MCGRATH THOMAS E+KATHY 299999 8551 JUANITA OR NE - • KIRKLAND WA retIOSSIZrentrallefo 004200-0067-00 SCHWARTZ E 4440 S 150TH ST SEATTLE WA 98034 207777 98188 • 004200- 0066 -01' CAMEROTA JOHN J' • 14915.46TH S SEATTLE WA 004200- 0068 -09 • YOUNG'CARL'L' 14911 46TH :S: SEATTLE:WA: • 004200 •0240-00: BEUTEL'CHESTER•.W +AIMEE L 4608 ' S• °:150TH ' ST . SEATTLE WA 004200 0242-08 KALLAS_JOHN•G +CARLOTTA P. 14914'46TH_AV. TUKWILA•.WV 004200= 0260 =05 WILBURN•PAULIL+MARINA R 4255 150TH'ST . • TUKWILA WA 004200-0264-01' •;.RICE'RTTA- _,4257S 150TH. :SEATTLE ;WA '004200- 0270 -03 TURIS;JOSEPH :4405 :51150TH :ST TUKWILA.WA • 7N2525 98168 450992 98168 529999 98188 379999 98168 309999 98188 98188 004200-0067-00 SCHWARTZ E 4440 S.150TH ST. SEATTLE WA 004200- 0126 -09 REITZ ADELINE M. 14824•46TH AVE SOUTH SEATTLE WA 004200 - 0241-09 HUGO MARK.D C DEBORAH L 14904 46TH.AVE S SEATTLE WA 004200 - 0259 -08 BROCK DANIEL LEE 15015 43RD PL S TUKWILA WA 004200-0262-03 RICE R J 4319 SO. 150TH SEATTLE WA 98188 207777 98188 699999 98168 890246 98168 464316 98188 963702 004200= 0266 -09 JENSEN,VAUGHN:L +AMBER G 15022 43RD PL S SEATTLE.WA 004200•0271 •02 1N9999 I.? KNIGHT:JOHN W 4409 SO 150TH:ST. 98188 TUKWILA WA :004200-0280=01; SOUTH.CENTRAL"'SCH,DIST 406 099800• 4640' 5; 144TH: ST: SEATTLE WV • 98168 000000 •0000 -00' 4******************************** CIF*** #4 * * # #0 * * **c *ic* * *****ac *** * * ** ***** * * * * * * ** * * * * ****** ***** * * *** . 17 859999 98188 0099.99 98188 004200-0365 -09 MUSSER KENNETH C +NANCY S 149999 4605 S 150TH ST. SEATTLE WA. RECEIVE'' Miti 1 8 9995 CVwUvluivl 1 Y r c /C1 CND AA=ni-r 98168 yb'J,4 U 8250447s ad % 1 lad 1 '34.33 II IhIyyl1���jv'• 'U$ u 1 "'r I:=3 1 }�tf. 4J.7 433,1 oU v . a• .S ,.ear 14'55 ST) 1~ "°, o,7H O3 JS >^ I ti4 J` 3. I a I t qq I ,a cJ 11 IJ tJl < Vi---L--- _ M lee 1 l4 -- - - -. „I ra�� No L .. 1p ■ g I N Ci � - ' a3 ° 5 e- -_2a 2 3 4• 5 6 r., 7 8 9. 10 ` '2 12a5 19, 18 17j� 425© -- 15 ill 13 12 �{U}� J k— ••:.- J ' N — h ,IYvoJ 1 1--1 IJ II L�J1 ^ p i 1' i` Ak 14651 [� "8 I I/' . 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CI I— W W • II 5, U Ni. z_ 5mm Drawing# MCI040 REAL ESTATE INQUIRY BATCH REQUEST SHEET FORMAT = MCI040 -1 Company or Customer Nam Bill to attention of: C / - 7/2 Si E Ed Billing Address: /4/ 3<=7Z DATA ENTRY: BATCH: ENTERED: VERIFIED: Ph: 2-12- - 5_7 .7 My signature below indicates that I agree to pay the charges associated with this request, that I have read and understand the information on the reverse side of this form, and that I am responsible for the accuracy and acts of omissions or errors of the batch request. Signed: cJ Optional Billing Information: Task: Project #: Project Name: Batch Request #:. I Q (%C INQUIRY TYPE (Check one or more types as desired) Printout of selected tax roll information. If this type is chosen, check one of the options below: Tax Information Only. Name/Address Information Only ''Legal Description Information Only Compete Information (Tax, N /A, Legal) 1 Name/Address sticker label per parcel. 2 Name/Address sticker label per parcel. Legal Description on sticker label. By: (Clerk) Authorized: REG V Wid 1 f3 1995 Deg GgELOPMENd King County Department of Assessments Public Information, Ph: 296 -7300 DOA Form 40 (Rev. 4/93) -Date: 5-/O---s ww; U O; co. CO w,. _' w0 2 J. u- a' co ' w I-- O ZE .Ww:. 0! 0 w w H U LL ~. O; N' z I have requested access to the public records of the Department of Assessments Property Information Files. Washington State law, RCW 42.17.260(6), prohibits the use of this list of individuals for commercial purposes. "Commercial Purposes" means the person requesting the record intends that the list will be used to communicate with the individuals named in the records for the purpose of facilitating profit expecting activity. The use for commercial purposes of said records may also violate the rights of the individuals named therein and may subject me to liability . for such commercial use. Paragraphs 2,3, and 4 above apply if I use said records or copies of same form commercial purposes and I may be liable for such use. ..MCI040 SOURCE SHEET 1 . BATCH # D X r— `I E: 5 / U ' E 5 Please enter 10 digits for each individual parcel or tax account number desired. Use the "Beginning" column only. (You need to write the first six digits once only for each repeating block of numbers in your list.) To obtain consecutive sequence of accounts in a particular plat, condominium, or section- township- range, you may use the "Beginning" and the "Ending" columns of a line. The computer will retrieve all accounts between your starting and ending numbers. Beegnnin2 Parcel Number Endine Number 1 101014 12-lD IDJ - I 01 01 2I,0 13. 14. 15. 16. 17. 18. 19. 20. 1 DOA Form 94 (Rev. 1/94) 1G to 13151 1 J - 1010 1311 I I I- I'I0131(1 1 1 - l40l013Io1 1 1- I0I0I31CI 1 1 -1 0101 /lf1 1 - Io10 l3 I I 1 - I01al/7/101 1 I -1 °1014/171 1 1-1010 1 - Ic)I0I6I71 1 1 1 11 a 1 o 1 S..1 3 1 I >i 1D4. I I 1' I(D.1 0 I I 1 I6 19 - I I 2-1 6 I 1 1 °A 4 - 1 01 2- /11 1 1 1 - 10 1 zI 12--1 1 I-1 ©ICI //I °I 1 101016161 1 I - 1 ° 1 0 1 6 1 ( 1 MCI040 SOURCE SHEET F BATCH # X rfl E: `S /U %S Please enter 10 digits for each individual parcel or tax account number desired. Use the "Beginning" column only. (You need to write the first six digits once only for each repeating block of numbers in your list.) To obtain consecutive sequence of accounts in a particular plat, condominium, or section - township- range, you may use the "Beginning" and the "Ending" columns of a line. The computer will retrieve all accounts between your starting and ending numbers. • , Beginning Parcel Number Ending Number 1. 101014i idi °i- 10101,6,1-1 1 1 1 2.1 1 I 1- 101016101. 1 1 1 3. 1 1- 1010 1 61 ei 1 1 1 4. 1 - 1 of o 1 l 71 1 1 1 5. 1 1 - 10IoI 6Is1 1 1 6.1 1- I °I3HIfl I 1 1 7.1 I- 101Z16-I01 1 1 I 8. 1 I -1 ol2-171/1 1 1 I 9.1 I- 1oI2-17l0l 1 1 1 10.1 1- 1012_161 --I 1 1 1 1 . 1 1 - 1 01 21.614/1 1 1 12.I I. -1 °1216161 1 I` 1 1 13. - I 2 I �'I �l a 4. 4-'4., ����' 1 1 1 1 �. ,1 14.1 1'- 1 °1 21 X101 1 N 1 1 15.I 1- 1 1 1 1 1 1 16.1 1 1 1 I 17. 1 1 1 1 1 18.1 1 1 1 1 19.1 1 1 1 1 20.1 1 1 1 J DOA Form 94 (Rev. 1/94) re J U 0a: moo.. 9 N LL W}} g -3 u.a co v: 1_w tea;. 'W W! Doy a y el =W. V` -- Z w. 0 I-- • BATCH CUSTOMER NUMBER NAME OX I M STENSEN • TOTALS COMMENTS NAME LABELS ............... ........................,...... ,,.... »,..,.,....... ,,......, LEGAL CUSTOMER; SEG /MERGE LABELS INQUIRIES; INQUIRIES 0 0 It 0 ••••••■•• .11 0 24. /4.79 Z3.79 r■1 Q ii:.r. to e. 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KCSP 286035 'r 8608221456 SQ... /•O 9 77r.4cr B • io0 • . 4. ■ L NOTES: FUTURE DEVELOPMENT ON MEP' SLOPE 'AREAS MAY REQUIRE `A GEOTECHNICAL REPORT AM) ADDITIONAL SETBACK FROM THE SLOPE PRloq TO THE ISSUANCE OF BUILDING OR LAND - ALTERING PERMITS. ' FOR HOMES LOCATED ON LOT: •, IN ANY HOUSE LOCATED MORE THAN 25O' FROM.A•FIRE•.HYORANT PRIOR TO CITY APPROVAL FOR OCCUPANCY,.. , LEGAL• .OESCIPPTIONS I44TH•':'ST, FND. CONC, MON. IN CASE, 6/93 SECOND ADDITION To gpq,yS' HOYE:tRACTS, .VOL: I2 /90 1 -'ET '2" REBAR & I.D. CAP TYP, 1 • 0 /0' 25" • O TRACT 7 N 88'02'45" W .. TRACT. 8 128,68'. LOT .4 12,867 sq. ff. • N 88'02'45" W 128,66'" Al • 0 0 .0 0 +_ I /6” •.2o 1 40.00'- y i' ' N 'EXISTING SHED TO SF Ri; CATE6 /AEYOYED PRIOR TO APPROVAL OF SHdH,T PLAT. of ..1 , . 128.68' 1LOT 31 10,636' sq. ft: 30' / 4!._ _ —. BLDG• SETBACK LINE 35' U N 88'02'45" W •128.66' 30' I 10' I. EXISTING. / 52• I HOUSE '44I4 • I. 1 LOT 5 21 • B • ' v t '11,100 sq.ft. `,> „ • rr-/ a�OStisE7.Py1Ne s 88'02'45' £ j � ' WI'34.71''1 N 88'02'45 ". W 41 °., 1 128.65' K.C.A.S. MERIDIAN • AAROE & ASSOCIATES 16016 AMBAUM BLVD, S. SEATTLE, WASHINGTON 98148 Phone: 243 -5889 786,75' :rh a U) • 160TH ST, FND, CONC. MON, IN CASE, 6/93 . ' •O i yo 5, /01' 10• ; _ • 35,28' • . W 88'02'45' W LOT 6 1 30' • 3 1 .1 Co Co 1 •I • •Q I Z ''f • 0. • I0 i0 m 10' ENTIRE PARCEL* ,..1 .;. ' ''•..;. ', {., ,.:.: TRACTS' 13 AND ;14; BLOCK t • SECOND.: ADDITION "T0: ADAMS ".HOME'? ACV' ACCORDING 1.0 •PL•AT,RECORDED IN 'VOLUME 12 or 'PLATS,. PAGE. IN KING COUNTY; WASHINGTON.: "• :,;� . ;,. • • : AFTER THE• SHORT PLAT: LOT •I'OF CITY OF(TUKWII•A, SHOOT- PLAT N0. AS 'RECORDED' UNDER, RECORDING M0; RECORDS OF KING COUNTY,.WASHINGTON; SUBJECT TO, AND TOGETHER•,WITH AN, EASEMENT FOR. INGRE.* •.GRES3. • AND' UTILITIES AS SHOV�IN: HEREON 9UCT TO AN' EASEMENT FOR SIDE SEWER AS SHOWN HEREON, SIFIfCT / 1 IflAr S ONin TE/T EASEAFAT A/ IIAEML ' • LOT..2 OF CITY OF TUKWILA SHORT4p1:AT N0.,,3 '�'L94�003J , +.. AS RECORDED'UNDER. RECORDING NO. ' • ••, • : ' • . • RECORDS OF KING COUNTY, WASHINGTON;•,;,; ... :' SUBJECT TO AND TOGETHER ,WITH;ANL EASEMENT "`FOR'•,INGRESS,'EGRESS' AND UTILITIES ;AS. SHOWN HEREON ;;:SUBJEDT ?0'IANb:TOGEYHER•WITH AN•..;'' EASEMENT' FOR • SIDE, SEWER' AS.SH0WN;HER O; •i.SVMCT TO A STORI.1`1Ta OETEITI01 LOT:3. OF CITY OF TUKWILA SIi0R7,'PL'AT'.NO; EASEIENT; AS SNOII IEAEOI L94 ..005I ` AS RECORDED UNDER RECORDING %NO; RECORDS OF KING COUNTY, ..WASHINGTON :..: • r TOGETHER'.WITH:.AN•EASEMEN7 FOR.INGRESS'; EGRESS'.• AND 'UTILITIES AS SHOWN HEREON.: •'TOGETHER' WJTH AN EASEMEN SIDE SEWER 'AS SHOWN•HEREON.• SYUiCT TI A STIAI IATU IETEITIOI EAfEIEIT it $1061.1610C LOT 4 OF CITY OF TUKWILA:SHORT`.PLAT.'N0. •�4' pO O •;; AS. RECORDED UNDER RECORDING ,NO; s ; RECORD$ OF KING: .CO. COUNTY; WASHINGTON' > • • •'S' "` `'' ' " ;', /+ :'r: 'SUBJECT TO AND: TOGETHER; WITH.'AN EASEMENT FOR INGRES , EGRESS'r:•;:, AND •UTILITIES AS' SHOWN HEREON.•TOGETHER•WITH A.'SANITARY.SEWER•'EASEMENT • AS SHOWN HEREON.. .SOSJECT,TI A,STOAII TATES SERIITION MEOW U SN0TI11(00C . •. "' LOT 5: OF: CITY :OF 'TUKWILA. SHORT ;PLAT ,NO: - L94 -0050 • • '' AS RECORDED UNDER RECORDING NO• . RECORDS OF KING COUNT•, :.WASHINGTON;.•. ' • • . •' • 'SUBJECT .TO AND TOGETHER WITH AN „EASEMENTP' FOR .,INGRESS,• EGRESS • AND:.UTILITIES AS' SHOWN HEREON :-.SUBJECT TO. AND "T06EThER' WITH A. SANITARY 7 SEWER EASEMENT. A9 :SHOWN HEREON:. SI1P4CT. TO A ITORI'1ATEA DETEIRIOSIMENCII iS•010S11 HUM LOT 6 OF CITY OF TUKWILA' SHORT. PLAT NO, .1.94-00,Q `' • AS RECORDED UNDER, RECORD.ING NO. • ' • ' RECORDS OF KING, FO •COUNTY, WASHINGTON;. • SUBJECT •TO ANS,TOGETHER WITM..AN'EASEMENT R:INGRESS,. EGRESS ; AND UTILITIES AS SHOWN HEREO4k.. .. . : ,. • ", SUBJECT TO AN. EASEMENT''FOR; STORM W41 R DETENTION, >:,` AS °9Fi0WN HEREON.; SUBJECT TO A. SANITARY SEWER EASEMENT AS SHOWN HEREOa:.. ` • .' _ +LOT 2j 10,635 sq, ft. L •=• L.._ -- 61�G. Sg'TBACK LINE N *88'02'45" W '128165' J 1 I-- -3t - -- EXISTING I•`— HOUSE 1 •..• 4434 '24: 1‘" LOT.i ,431�sq: ft. p;;;tin• • • . ll�,'1 ;flyr • • STORM WATER N DETENTION EASEMENT N 88'05'13" W 128,63' ' r 72' 18,116 sq. ff. • ' N 88'05'13" W 128.63' 66,00' — : TO BE DEDICATED TO THE CITY OF TUKWILA WITH THE RECORDING OF THIS SHORT PLAT. S,; 150TH :.ST, N 88•051-3".W In tza N Q4 W �Qa b,BT•49%8' W ,3/9•35' S • 144TH 9 '. ST l3 /e.s/•. r,. N S73' w I3l8,'J4319• S. • 146TH • Oto ; • c o :N 88'00'21” W . ;;'7/9a... /3/7.28' S a N WOW w ., /3/6,3!1' S. f5OTH' 0 .81411.40;.. N, I317.80' • •.. /48TH 15.. T • c4'. #"/3.'7z506:97-. W 'r;fi.� t. yl r 4''tr.:' ltff4: •'• ,- . :y,.:, ,�r7 �•a- i %fr44,•ii /Xi.:4;0' ST.. 1316.36' . coia • • /315.22' S • 152110 ' ST; 1311.65' N 8870'05' W A SUBDIVISION OF THE NE'114 OF SEC.• :22, TWP: R. 4 W M. :( Made: frbm `petitvl:fleld:•measureme_aji grid�4' a e i'” rii'Zel} 5 6y''offielrs`) +.u,ectbe�;'.:!«jn$:w••. ::r..g•J� •v * *; .- ,N;'': ,-:; r:/ GZC- c.�:r.,r „�•�'mtws'•.;.i,:.:.: :.'r,r,�.:l.,,,y,ld„ .. Atn SURVEY MADE USING WILD TIG THEODOLITE AND GEODIMETER 216 EOM.' SURVEY ACCURACY MEETS OR EXCEEDS WAC 332 -130 -090, 'RECORDING 'CERTIFICATE Filed for record, this in Book of Surveys, page , at the request of Eugene•Aaroe. DIVISION OF RECORDS. AND ELECTIONS RECORDING No. day of , 199 at Manager Supt. of Records SURVEYOR'S CERTIFICATE 0 at conc. mon.' In case This .map correctly represents a survey; made by me or under my direction in conformance with the requrements of the Survey Recording Act at the request of EDNA.M0 RIS AND I.M. ST SEN IN. MARCH, 1995. new aroe,, P.L.S., Certificate No. 6O1;, ,1•;�Al�w,•• 1 M1.1.. (, r.;4rr' A712, , f 1111111 1 1 1 1II1 I (1(:1 ,I 1111 I I I 1 2 1 ' I 1 1 1 111 ITT 1 13 I II I 111 I I II 14I`rt 1 I I,,5ll 1Ill I I ll I 11 1 1I6 II 0£ • 6Z SZ' LIZ 9Z• • iZ • £Z 'ZIZ T I I I I I I I I I I I I I I I I I I I I I I I I 1 111111 I I I I I 1 111111 I I I I 1 1111111 11 11111111111111111111111111 1111111111 ■ Z o : 6IT 811 LIT 9IT l III111111 III11111I 111111111 iiiiIilN UUlilu uu II 1 1995 . V�NIT�jiVI r r� MORRIS /ST,ENSEN S I N0.' r_.94 -0050 &194-;0051.,:..— IN THE SW %4 OF NE %4 OF SEC, 22, TWP..23 N R,`4 E.W,M. .> . CITY OF ;TUKWILA .,KINq COUNTY. WASHINGTON -1 • *D r 4'30' • 1: sa : • 1[O, ti .''NE SHEaET'OW : F• ADMINISpRATIVE PLANNED RESIDENT iAL DEVELOPMENT APPLICATION C/TY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT 6300 Soufhcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3680 1. TOTAL NUMBER OF PROPOSED DWELLING UNIT LOTS: .5 2. ZONING OF SUBJECT SITE: 3. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and sub- division; or tax lot number, access street, and nearest intersection) vo4/zoo - oa7C) Quarter / Section: Z 2-- Township: 2- 3 Range: (This information may be found on your tax statement) 4. APPLICANT:* Name: / 777. S -7-e -A LSe-A/ 3 41 - Sv. /Co ' - -. Address: P ne: .O Tr E- ��- -o 7 Signature: 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 / /1/.57FAcKS 5. PROPERTY Name: OWNER Address: Phone: I /WE,[signature(s)] swear that I /we are the owners) 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. RECEIVED Date: 7 ( / MAY 3 1 1995 COMMUNITY DEVELOPMENT May 30, 1995 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director Dear Property Owner: Please be advised that the City of Tukwila has received an application for a land use action at a location near your property, as follows: PROJECT: LOCATION: PROPOSAL: File #L94 -0050, #L94 -0051: MORRIS /STENSEN SHORT PLAT 4434 & 4414 South 150th Street NE Section 22, Twn. 23, Rge. 4; Tukwila, WA. Subdivide Lots 13 and 14 into a total of 6 single- family residential lots. Due to steep slopes located on the property, the Sensitive Areas Ordinance requires that surrounding property owners be notified of this short subdivision proposal. APPLICANT: Mr. I.M. Stensen, and Mrs. E. Morris, property owners. The City of Tukwila is reviewing the above proposal, and will make a determination to approve, approve with conditions, or deny the proposal. Your comments are welcome. If you wish to comment on the above proposal, please submit 'comments in writing by June 12, 1995 to: Ms. Ann Siegenthaler, Associate Planner City of Tukwila Dept. of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 If you have any questions on the proposal, please feel free to call Ann Siegenthaler at (206)431 -3670. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 4313665 1 0 s s I ) III.7 1 •/7 0 i S 6.t .50,0 II 4: I t t41. 04 t 1 ir) rs • i6 es 42 ------------ ■ 4ED ID' 71i - 44E (,) 444 0. 1. ---- •eS" • ; 1p44",5-- ; I le7t. J4 55 50 41 44 41 .1/0, _00 .50 • 50 4e on- :to./ s di• ','• ■.3o , E, : .r. 1 1 J____1 4..,z; Q0 .T. 1 '1 iz• 1 -,..,,-..,.......----,...........4,-,0— cr - 0 i..... — tr ..1 . ,--•.„ .• .• ..,3s • . IIs 4655,J= 1 at , .70J2.:00,03 A S. 577 US /0 Z . . 3,0/6 ".-------.9F--.. 4 I,- - 4-J17 AZ Yr ...._._ tn A. _ - 3. ,.. • A LP a • 3ep o • ■4 co Z ,.. R . _•_•_•_•_• 1 -r a 1 ao 1 oat i laiwal 6//1 16.1.5 ' /64 1 , 1 1 4614 1 46 z t ,,,. 6 .1( 04418 a • i A 1 25 Z 04432 1 126. if- --.--------7-1 t: 13 1 BS i..... — tr ..1 . ,--•.„ . • – f". • '0175 .pc,, /030 4 en — ■.:: ....._„.._.-..12ei..H.—..._,T..z.. = • .1..5.1 1., ■•1 — :i- C. , 11551,1 m lti 1 P ( C) . frl '712/ GOMMUNI Y oevelopMENT [�O04/2_o 0 -0 a7 0 ** ** OLD REPUBLIC * * TITLE, LTD. *4 * 1201 Third Avenue, Ste. 1410 Seattle, WA 98101 (206) 625 -1952 (800) 877 -6850 FAX (206) 682 -0152 PRELIMINARY COMMITMENT FOR TITLE INSURANCE Our Order Number: 73757 Unit 1 TO: ATM BECKY WASHINGTON MUTUAL SAVINGS BANK 18400 PACIFIC HWY S SEATTLE WA 98188 Your Reference: Stensen Inquiries should be made to: Fred Marquiss, Sr. Title Officer Angie Fleck, Title Officer Marla Winters, Title Assistant (206) 689 -5645 SCHEDULE A Effective Date: June 17, 1994 at 8:30 a.m. 1. Policy or Policies to be issued: ALTA Loan Policy - 1970 (Rev. 1992) Standard ( ) Extended (X ) Proposed Lender: Washington Mutual Savings Bank Amount: $ 80,000.00 Premium: $ 588.00 Tax: $ 48.22 Rate: ALTA 2. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY agrees to issue on request and on recording of any appropriate documents, its policy or policies as applied for, with coverage as indicated, based on this preliminary commitment that fee simple title to the property described herein is vested on the date shown above in INGVARD M. STENSEN and EMMA M. STENSEN, husband and wife subject only to the exceptions shown herein and to the terms, conditions, and exceptions contained in the policy form. This report and commitment shall have no force or effect except as a basis for the coverage specified herein. 3. SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION RECEIVED JUL Q 1 1994 COTviIvlUNI T Y 73757 DEVELOPMENT Page 1 EXHIBIT "A" Lot(s) 13, Block 1, SECOND ADDITION TO ADAMS' HOME TRACTS, according to the plat thereof recorded in Volume 12 of Plats, page(s) 90, records of King County, Washington. SITUATE in the County of King, State of Washington. 73757 END OF EXHIBIT "A" SCHEDULE B 1. GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENCY; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: For year: 1994 Amount Billed: $ 1,190.75 Amount Paid: $ 595.38 Parcel No.: 004200 - 0070 -05 Levy Code: 2413 ASSESSED VALUATION PER KING COUNTY OFFICE OF FINANCE: Land: $ 77,400.00 Improvements: $ 51,300.00 NOTE: Taxes may not always be divisible into two equal half payments. The higher amount ($.01 more) is always due on the first half payment by April 30th. The odd cent(s) must be rounded upward. Second half is usually $.01 less. THE TAXES SHOWN ABOVE, as billed and paid, reflect an exemption allowed pursuant to RCW 84.36. Any change in ownership or the death of the taxpayer may result in curtailment of the exemption and an adjustment of the amount of taxes due. No insurance is given against any additional taxes levied against said Premises caused by the curtailment of said Exemption. Tax Account No.: 004200 - 0070 -05 Levy Code No.: 2413 Amount of Taxes without exemption: $1,707.77 2. LIABILITY FOR ASSESSMENT FOR SURFACE WATER MANAGEMENT CHARGES which are presently exempt under RCW 84.36. Any change in ownership or the death of the taxpayer may result in curtailment of the exemption and an adjustment of amount due. No insurance is given against any additional charges levied against said Premises for Surface Water Management in such an event. Tax Account No.: 004200 - 0070 -05 3. QUESTION OF SURVEY, RIGHTS OF PERSONS IN POSSESSION, MATERIAL, EQUIPMENT AND LABOR LIENS. Upon completion of our inspection of the premises, we will report by supplemental the matters disclosed thereby. RECEIVED JUI. 0 11994 NOTE 1: CUlviivluwi IY DEVELOPMENT The ALTA 8.1 (Environment Protection Lien) Endorsement will be attached to the ALTA Lenders Policy to issue. NOTE 2: The language contained in the printed Exclusions from coverage and Conditions and Stipulations of the Policy committed for may be examined by inquiry at the office which issued the Commitment, and a specimen copy of the Insurance Policy Form(s) referred to in this Commitment will be furnished promptly upon request. 73757 Page 3 NOTE 3: Investigation should be made to determine if there are any service, installation, maintenance, or connection charges for sewer, water, electricity or Metro Sewer Treatment Capacity Charge. NOTE4: In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our schedule. HH /gt 73757 END OF SCHEDULE B ** * *4* 01, , REPUBLIC TITLE, LTD. 1201 Third Avenue, Suite 1410 Seattle, WA 98101 -3095 206 -625 -1952 0111 Order No. // /✓ Plat Vol /L Page9 1li4.10 114 0111 A� 44.4 • i4.4 s•e•oa ss• T. // S 43 t J� J 0 no B I 3 96 /ZS • i0 46" codil bib4 15oTM . ira., c, •7f j. c• h I. • v d, 1 .s 00° • 0 ,00 I .__moo .A„ c e N. 7! 0 I 00 .z a am• AtCEIVE JU!. 0 11994 COlvlivium l Y DEVELOPMENT t) s 1 0 a N M This sketch does not purport to show all highways, roads. or easements affecting said property. No liability is assumed for variations in dimensions and location, and is not based upon a survey of the property described in this order. It is furnished without charge, solely for the purpose of assisting in locating the described premises. The Company assumes no liability for inaccuracies therein. 110 n• CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT SHOR .,. PLAT APPLICATION 6300 Soul/winter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3680 ss erence is APPLICANT r Name: col tr\c AA r (-1'5 Address: '(//74/ 51. £ /66' City: l U-et / C� Signature: LOCATION Street Address: Zip: 9s/Ff Phone: c.-2 14�-33 Date: 6,44 -e e-77) y/y 9/6W If vacant, indicate lot(s), block and subdivision; or tax lot number, access street, and nearest intersection. PARCELS Zoning District Existing Use Proposed Use Proposed Lot Size QUARTER SECTION TOWNSHIP 2 RANGE 3 /V-7-0- &/- 7, 2_ 121--7.9- /C/- 7, �- 1 , e4 SP s 5.F , 5F fee's SF his. /6,rsg 8'7F7 7�s 7€ 7 DATE OF LAST PLAT: RECEIVED. JUL 0 1 1994 COMMUNITY nEVELOPMENT '1 .43 1M CLLIJ 64 4 75 64 475 do r.f .t. .4. I1 /0 ▪ ... 4. F5-1 0 l ;•7? /09 7.!'.. IN _JLl C--1 7 ( I ) 90 -I- 7-:-I'' 1 , , '. . /00 ', % eV- ; 1 '..3., 644./7 688/ 5 ' kr? 14414 ! 14,1 1 1 EI 14-4 53 trl E}5 0 /4 6 TH 60 I.ij 16,10 L___1211 I ‘,1 F475710. 2 63 F.4 Tr • ▪ 8(Z) S.P. 89-9-SS * C2* P. 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