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Home My WebLink AboutPermit L07-086 - SOUND TRANSIT COMMUTER RAIL - SENSITVE AREAS SPECIAL PERMISSIONTUKWIIA COMMUTER RAIL SOUND TRANSIT I,07 -086 TO: Becki Kniveton, Shannon and Wilson, Inc., Applicant Paul Cornish, Sound Transit Ross Widener, Widener & Associates Peter Hahn, City of Renton King County Assessor, Accounting Division Washington State Department of Ecology Duwamish Indian Tribe Karen Walter, Muckleshoot Indian Tribe Fisheries Division Comprehensive Plan Desip District Tukwila Urban Center /S Qn/'1 Cnr,th •an/or Rnnlouardl .Galta NOTICE OF DECISION L PROJECT INFORMATION City of Tukwi Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director December 20, 2007 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. Project File Number L07 -086 Applicant: Becki Kniveton for Shannon and Wilson, Inc. Type of Permit Applied for Special Permission, Director, CRITICAL AREA Sensitive Areas Ordinance Deviation Project Descrip: Shannon and Wilson is conducting a geotechnical assessment of the site planned for the permanent Tukwila commuter rail station as part of an engineering analysis for the site The geotechnical assessment will include the excavation of twelve test pits and drilling of three borings. Two of the twelve test pits are located in an area the applicant has identified as the buffer area of Type 3 wetlands. The applicant is requesting a Special Permission, Director to allow them to do this work. L ocation: North of Strander Boulevard and south of Longacres Way, between the UPRR and BNSF railroad tracks. Work within the wetland buffers will take place on tax parcel numbers 2523049087 and 000580- 0020. Associated Files: L07 -025, previous special permission obtained by Shannon and Wilson for similar work done in the same general area. JR Page 1 of 3 12/19/2007 12:50 PM H:\Misc Current Piuming\L07 -086 Tukwila Commuter Rail Station\NOD - Shannon & Wilson SP.doc .4 1.3A7i9 • Far* 211/L.411.V/S0Sc H. DECISION SEPA Determination: The City SEPA Responsible Official has previously that this application does not require a SEPA threshold determination because it is categorically exempt under WAC 197 -11 -800 (17), Information collection and research. Decision on Substantive Permit: The Community Development Director has determined that the application for a deviation from the City's Sensitive Areas Ordinance does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the staff report, and subject to the following condition: An inspection of the site is required once the work is complete. Right to enter the property will be granted to City of Tukwila staff for this purpose. The applicant will coordinate with City of Tukwila staff to determine the time frame that will be necessary. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code § 18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of the determination of exemption from SEPA is permitted. One administrative appeal to the Planning Commission of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Planning Commission decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, that is by January 3, 2008. The requirements for such appeals are set forth_in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. JR Page 2 of 3 12/19/2007 12:44 PM H:\Misc Current Plannina07 -086 Tukwila Commuter Rail StationWOD - Shannon & Wilson SP.doc 5. Appeal fee of $205. De City o ent of Community Development ukwila • • V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Planning Commission based on the testimony and documentary evidence presented at the open record hearing. The Planning Commission decision on the appeal is the City's final decision. Any party wishing to challenge the Planning Commission decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Planning Commission decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Jaimie Reavis, who may be contacted at 206 -431 -3670 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. JR Page 3 of 3 12/19/2007 12:44 PM H:\Misc Current Planning\L07 -086 Tukwila Commuter Rail Station\NOD - Shannon & Wilson SP.doc Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I. \ --e- Fe A1A-0--tvl HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non - Significance Project Name: - 1 - 4 N J, ( Notice of Public Meeting Project Number: I- 026 Mitigated Determination of Non - Significance Mailer's Signature: • Board of Adjustment Agenda Pkt Person requesting 4 9 mai i - : Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 ' )( Other NoVI (D a 1)2ccS i t5w Was mailed to each of the addresses listed on this /q- of year 20 2)7 in the Project Name: - 1 - 4 N J, ( 1 Skbf ( 1& Project Number: I- 026 Mailer's Signature: • Person requesting 4 9 mai i - : JOJ/i4k-€ 2e6iJV1S Was mailed to each of the addresses listed on this /q- of year 20 2)7 in the Paul Cornish 401 S Jackson Street Seattle, WA 98104 City of Renton Planning Department 1055 S Grady Way Renton, WA 98055 US Corp of Engineers 4735 East Marginal Way Seattle, WA 98124 -2255 City of Renton Planning Department 1055 S Grady Way Renton, WA 98055 Mukleshoot Indian Tribe Karen Walter Tribe Fisheries Program 39015 172 " Avneue SE Auburn, WA 98092 KC Assessor's Office Accounting Division 500 4 Avenue — Room 709A Seattle, WA 98104 Department of Ecology NW Regional Office 3190 — 160 Avenue SE Bellevue, WA 98008 Patty Otley Burlington Northern Santa Fe Railroad 2454 Occidental Avenue S #1A Seattle, WA 98134 Becki Kniveton 400 N 34 Street Suite 100 Seattle, WA 98103 Sound Transit SEPA Responsible Official Union Station 401 S Jackson Street Seattle, WA 98104 Duwamish Indian Tribe 4717 W Marginal Way SW Seattle, WA 98106 -1514 John Trumbull Union Pacific Railroad 5424 Southeast McLoughlin Blvd. Portland, OR 98202 Ross Widener 10108 32 " Avenue N Suite D Everett, WA 98204 December 20, 2007 • 1 City of Tukwila Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Jack Pace, Director, Department of Community Development FROM: Jaimie Reavis, Assistant Planner RE: L07 -086, Special Permission, Director, Request for Sensitive Area Ordinance Deviation to excavate two test pits within wetland buffers. Shannon & Wilson, Inc., Geotechnical and Environmental Consultants, is proposing to conduct a geotechnical assessment of subsurface conditions on a site located north of Strander Boulevard and south of Longacres Way, between the BNSF and UPRR railroad tracks. A portion of this project involves excavating two test pits within two separate areas that have been identified by the applicant as Type 3 wetland buffers. Shannon & Wilson have applied for a special permission decision for a deviation from the requirements of the Sensitive Area Ordinance in order to allow them to do this work. SEPA This project is exempt from the State Environmental Policy Act under WAC 197 -11 -800 (17), Information collection and research. BACKGROUND Sound Transit is planning to construct a new, permanent commuter rail station in Tukwila to replace the temporary station that has been in operation since 2001. The permanent station is planned for location on a site north of Strander Boulevard and south of Longacres Way, in the area between the BNSF and the UPRR railroad tracks. As part of the information gathering process associated with construction of the permanent commuter rail station, Shannon & Wilson proposes to conduct a geotechnical assessment for use in the engineering analyses. The geotechnical assessment will include the excavation of twelve test pits and drilling of three borings. Two of the twelve test pits are located in an area the applicant has identified as the buffer area of Type 3 wetlands. These buffer areas are parallel to and on the east side of the Union Pacific Railroad tracks, and are identified in Exhibit A as the buffer areas associated with Wetland N and Wetland G. Wetland N is located within Tax Parcel number 252304 -9087, and Wetland G is located in Tax Parcel number 000580 -0020. A Special Permission was approved previously (issued in May 2007 for land use file number L07 -025) for similar work done by Shannon & Wilson. Previous work involved drilling nine borings to evaluate soil conditions, including one boring located in a wetland and six borings within wetland buffers. This work was conducted as geotechnical research in preparation for the JR Page 1 of 4 HAMisc Current Planning\L07 -086 Tukwila Commuter Rail Station\Special Permission - Memo.doc Steven M. Mullet, Mayor 12/19/2007 11:39 AM • • Strander Boulevard Extension Project, and involved similar excavation techniques and mitigation measures as those included in the current proposal. DECISION CRITERIA Section 18.45.090B(1) of the Tukwila Municipal Code (TMC) states that "Alterations to wetlands are discouraged and are limited to the minimum necessary for project feasibility." Alteration to wetlands and their buffers is allowed only with permission of the Director, according to the criteria a f under TMC 18.45.090B(1). These criteria are listed in italics below, followed by a description of how the proposed project meets each: a. The alteration will not adversely affect water quality; There are no streams within the project area, and the applicant states that "best management practices will be implemented to ensure that sediments do not enter nearby wetlands." Best management practices cited by the applicant include use of a rubber -tired backhoe to excavate the test pits, backfilling the test pits with soils derived from the excavations, use of mud -rotary techniques to drill the boreholes (due to the soft and loose soil deposits and high groundwater table), and disposal of cuttings and drilling mud through containerization or disposal in an upland location. Vegetation that will be cleared as part of this project is limited to blackberries, and areas in which the soil or vegetation is disturbed will be replanted with a native seed mix. b. The alteration will not adversely affect fish, wildlife, or their habitat; Excavation of test pits and soil boring will not affect fish or their habitat. The work may temporarily affect wildlife and wildlife habitat while equipment is in place. However, the work is to be completed over a short period of time, and so there are no anticipated long- term impacts to wildlife. c. The alteration will not have an adverse effect on drainage and/or storm water detention capabilities; Excavation of the test pits is not anticipated to have an adverse effect on drainage and/or storm water detention capabilities of either of the wetlands or their buffers. Best management practices will be followed to minimize the amount of disturbance. Only minor clearing of vegetation is anticipated, and areas disturbed within the wetland buffers will be reseeded with a native seed mix. d. The alteration will not lead to unstable earth conditions or create an erosion hazard or contribute to scouring actions; The creation of erosion hazards and/or scouring actions is not anticipated with this project, since the site is relatively flat and the applicant will plant a native seed mix in the buffer areas once their work is complete. e. The alteration will not be materially detrimental to any other property; and Excavation of the test pits will not affect any properties other than the two tax parcels involved in this application. f The alteration will not have adverse effects on any other sensitive areas. The nearest sensitive areas, as shown on the map submitted by the applicant, are separated from those that are the subject of this application by the UPRR railroad tracks and their associated berm. The work proposed in the buffer areas of Wetland N and Wetland G will not have any adverse effects on those or any other sensitive areas. Minor impacts to the buffer areas of Wetland N and Wetland G will be restored with no long JR Page 2 of 4 H:\Misc Current Planning\L07 -086 Tukwila Commuter Rail Station\Special Permission - Memo.doc 12/19/2007 11:39 AM • • term impacts anticipated. Due to safety and liability concerns, Sound Transit prefers to limit the number of City staff and the time period during which City staff can have access to their project sites. The City of Tukwila will require that staff be granted right of entry to the site soon after the proposed work is complete as a condition of approval of the Special Permission permit. This right of entry is required for an inspection to ensure that the work and mitigation measures were completed as approved MITIGATION PLAN TMC 18.45.090 B ALTERATIONS states that a mitigation or enhancement plan must be developed and must comply with the standards of mitigation required in TMC Chapter 18.45. Shannon & Wilson is proposing to reseed areas disturbed as part of this project with a native seed mix to include blue wildrye (33 percent), meadow barley (33 percent), and California brome (33 percent). These species are native to the project area and have been chosen because they will best compete with the invasive species that are out on the site. These plants will replace areas formerly covered by blackberries, a non - native, invasive species; therefore enhancing the quality of vegetation within the wetland buffer area. COMMENTS A Notice of Application was mailed on November 30, 2007 to the applicant and to departments and agencies with jurisdiction pursuant to TMC 18.104.090. One set of written comments (via email, see Exhibit B) was received within the 14 -day notice period, requesting clarification as to whether any trees 6" or greater would be removed as part of this proposal, and if so, what would be the proposed mitigation measures. These comments were from Karen Walter, Watersheds and Land Use Team Leader of the Muckleshoot Indian Tribe Fisheries Division. These questions were forwarded to applicant Becki Kniveton, Senior Wetland Biologist for Shannon & Wilson. Becki Kniveton's response confirmed that no trees 6" or greater will be removed as part of this project (see attached email response, Exhibit C). CONCLUSIONS 1. Permission is requested to excavate two test pits (6 -10 feet deep) within two separate areas the applicant has identified as Type 3 wetland buffers. 2. This work is part of a larger project to evaluate subsurface soil conditions, and involves excavation of 10 additional test pits and three borings in upland areas beyond the edge of the above mentioned wetland buffers. 3. This project is exempt from SEPA under WAC 197 -11- 800(17), Information collection and research. 4. Excavation of the test pits will not adversely affect water quality — Best management practices will be followed by the applicant to ensure that sediments do not enter nearby wetlands. 5. Excavation of the test pits will not adversely affect fish, wildlife, or their habitat — Fish will not be impacted by the proposed work. Wildlife and their habitat may be affected in the short term by the location and operation of equipment while the work is being done. However, no long -term impacts anticipated to wildlife or their habitat with this project. 6. Excavation of the test pits will not have an adverse impact on drainage and /or storm water detention capabilities of the wetlands or their buffer areas - Minimal JR Page 3 of 4 12/19/2007 11:39 AM HAMisc Current Planning\L07 -086 Tukwila Commuter Rail Station\Special Permission - Memo.doc • • disturbance of soils and vegetation is anticipated. Disturbed and cleared areas will be reseeded with a native seed mix. 7. The project site is relatively flat and minimal disturbance and mitigation measures will be taken to prevent the creation of unstable earth conditions, erosion hazards, or scouring actions. 8. Work within the wetland- buffers is limited to the two tax parcels on which they're located, and therefore will not be materially detrimental to any other property. 9. The wetland buffers in which the excavation will take place are physically separated from any nearby sensitive areas by the UPRR railroad tracks and their associated berm. RECOMMENDATION Staff recommends approval of the Special Permission permit with the following condition: An inspection of the site is required once the work is complete. Right to enter the property will be granted to City of Tukwila staff for this purpose. The applicant will coordinate with City of Tukwila staff to determine the time frame that will be necessary. ATTACHMENTS: Exhibit A: Site and Proposed Exploration Plan Exhibit B: Email from Karen Walter dated December 14, 2007 Exhibit C: Email from Becki Kniveton dated December 17, 2007 cc: Becki Kniveton, Shannon & Wilson Paul Cornish, Sound Transit Ross Widener, Widener & Associates Peter Hahn, City of Renton Karen Walter, Muckleshoot Indian Tribe Fisheries Division Duwamish Indian Tribe Department of Ecology King County Assessors Office JR Page 4 of 4 H:\Misc Current Planning\L07-086 Tukwila Commuter Rail Station\Special Permission - Memo.doc 12/19/2007 11:39 AM u . NOTE Figure adapted from dient file, " Buildout Parking. dwg," dated 10-4-07. PROPOSED 000' STATION PLATFORMS ST-1 A EP-1 B 120' 01 MY/ B-1 - • ;". T3- I GeoE-15 (58') BNSF -I Approximate Location of Proposed Boring Approximate Location of Proposed Exploration Pit Designation, Approximate Location, and Depth of Pervious Boring for Strander Blvd Extension Project Designation, Approximate Location, and Depth of Previous Boring for Strander Blvd Extension Project Designation, Approximate Location, and Depth of Shannon & Wilson Boring for a Nearby Project Based Upon Previous Report 100 Scale in Feet LEGEND Ge :59" ,21 B - • f'C') - Designation, Approximate Location, and Depth of Boring of Another Firm for a Nearby Project Based Upon Previous Report Designation, Approximate Location, and Depth of Boring of Another Firm for Temporary Commuter Rail Station (ECI, 1998) Designation and Approximate Location of Test Pit Excavation by Another Firm (ECI, 1998) Wetland Boundary Approximate Extent of Wetland Buffer Sound Transit Tukwila Commuter Rail Station Tukwila, Washington Exhibit A !•1 5 •. • u ,ie Reavis - Tukwila Commuter Rail Station geotech environmentally sensitive areas deviation, L07 -086, Notice of Appl... From: "Karen Walter" < Karen .Walter @muckleshoot.nsn.us> To: <jreavis @ci.tukwila.wa.us> Date: 12/14/2007 11:47:17 am Subject: Tukwila Commuter Rail Station geotech environmentally sensitive areas deviation, L07 -086, Notice of Application Jaimie, The Muckleshoot Indian Tribe Fisheries Division reviewed the materials sent for the above referenced project. We have some questions. 1. proposal? 2. Will any trees 6" or greater be removed as part of this If so, what is proposed for mitigation? We would appreciate any additional information to help answer these questions. Thank you very much, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division 39015 172nd Ave SE Auburn WA 98092 • • r z . Tukwila Rail Station geotech environmentally sensitive areas deviation, L07 -086, Notice of ... J ,. �rrl ie Reavis - Re: Tukwila C at th vio t .... ..,. From: "Becki Kniveton" <BSK @shanwil.com> To: <jreavis@ci.tukwila.wa.us >, "Karen Walter" <Kar... Date: 12/17/2007 12:43:47 pm Subject: Re: Tukwila Commuter Rail Station geotech environmentally sensitive areas deviation, L07 -086, Notice of Application CC: "Katie Walter" <KLW@shanwil.com >, "Martin Page "... Hello Karen and Jaimie: No trees 6" or greater will be removed as part of our site exploration. Jaimie, we will be using a seed mix that is more limited to native upland grass species (the other mix contained wetland grass species as well because there was some wetland clearing with the previous project). I anticipate that the following seed mix will be used: blue wildrye (33 percent), meadow barley (33 percent), and Califomia brome (33 percent). These species are native to the project area and will best compete with the invasive species that are out on the site. The seed mix will be hand - broadcast at approximately 30 lbs/acre of pure live seed. Let me know if you have any other questions or concems. Thanks! Becki Becki Kniveton, P.W.S. Senior Wetland Biologist Shannon & Wilson, Inc. 400 N. 34th Street, Suite 100 Seattle, WA 98103 Phone (206) 695 -6673 Fax (206) 695 -6777 www.shannonwilson.com Excellence, Innovation, Service, and Value Since 1954 »> "Karen Walter" < Karen .Waltero@muckleshoot.nsn.us> 12/14/2007 11:45 AM »> Jaimie, The Muckleshoot Indian Tribe Fisheries Division reviewed the materials sent for the above referenced project We have some questions. 1. proposal? 2. Will any trees 6" or greater be removed as part of this If so, what is proposed for mitigation? We would appreciate any additional information to help answer these questions. b Jaime. Reavis - Re: Tukwila Commuter Rail Station geotech environmentally sensitive areas deviation, L07 -086, Notice of ... Thank you very much, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division 39015 172nd Ave SE Auburn WA 98092 3 -C • -- A V1 2. Serve a written notice of violation upon that person by registered or certified mail or personal service. The notice shall set forth the measures necessary to achieve compliance, specify the time to commence and complete corrections, and indicate the consequences for failure to correct the violation. for 3. Suspend or revoke any City approval the grading activities after written notice is given Applicant for any of the following reasons: a. Any violation(s) of the permit or the permit conditions; b. Construction not in accordance with the approved plans; or c. Non - compliance with correction notice(s) or "Stop Work Order(s)" issued for the construction of temporary or permanent storm water management facilities. 4. Post a "Stop Work Order" at the site, directing that all grading activities cease immediately. The "Stop Work Order" may include any discretionary 16 conditions that must be bedfufilled adopted efore nanyTMC Chapter ay continue. 16.54.030 Definitions As used in TMC Chapter 16.54, the terms shall be defined as follows: person who has 1. Applicant" means any p applied for a grading permit. 2. "Buffer" means the area contiguous to a sensitive area that is required for the continued main- tenance, function and structural stability of the sensitive area as defined in the sensitive areas overlay. 3. 'Director" means the Public Works Direc tor or his /her designee, including the City Engineer and Public Works inspectors. 4. "Erosion" means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. 5. "Excavation" means the digging or removal of earth material. 6. "Fill" means a deposit of material placed by artificial means. 7. "Geotechnical engineering" means the application of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof. 8. "Grading" means any activity that results in change of the cover or topography, or any activity that may cause erosion, including clearing, excavation, filling, grading and stockpiling. 9. "Sensitive area" means wetlands, water- courses, areas of potential geologic instability, aban- doned coal mines, and fish and wildlife habitat areas, per the City's Sensitive Areas Ordinance. Printed February 2005 (Ord. 2062 §1(part), 2004) TITLE 16 — p "• -_ _ 10. 'Site" lks any legally defined section of real property, whose boundaries are recorded with the King County Assessor's office for the purposes of assessing taxes. (Ord. 2062 §1(part), 2004) 16.54.040 Applicability A. TMC Chapter 16.54 applies to all grading activities within the City limits. B. Flood zone grading, excavation and earthwork construction, including fills and embankments, shall comply with the requirements of TMC Chapter 16.52. C. City departments shall comply with all the requirements of TMC Chapter 16.54, except that they are not required to obtain permits and approvals from the City for work performed in the public right -of -way, nor for operation and maintenance activities by the Department of Parks and Recreation. 2004) (Ord. 2062 §1(p art ). 16.54.050 Permit A. A permit is required for all grading activities occurring within the City limits, except the following: 1. Excavation for construction of a structure permitted under the International Building Code. 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells, or trenches for utili- ties. processing 5. Mining, quarrying, excavating, p g or stockpiling rock, sand, gravel, aggregate or clay con- trolled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 6. Exploratory excavations performed under the direction of a registered design professional. as long as this exploratory excavation does not constitute the beginning of construction of a building prior to obtaining a permit. B. Applications for permits pursuant to TMC Chapter 16.54 shall be submitted to the City in the format and manner specified by the Director. C. An approved grading permit applies to one site. A separate permit shall be obtained for each site. D. The City shall collect a nonrefundable permit fee, the amount set by resolut(O f206 t Council. 0 04) 16.54.060 Standards A. All grading activities require erosion prevention and sediment control commensurate with the degree of risk, as determined by the Director. B. All grading activities shall be undertaken accord- ing to the following mandatory standards: 1. All design and construction shall be per- formed to minimize soil disturbance and to maximize erosion prevention and sediment control. Page 16 -29 • • RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ( "Agreement ") is between CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (Sound Transit), the undersigned Owner of the following described Property and the City of Tukwila, a municipal corporation ( "City"). The Property is described as follows: Location: Tukwila Station Parcel Number: #0005800020 ( "Property") 1. Grant of Right of Entry. Sound Transit grants to City a non - exclusive revocable right of reasonable access to enter and cross and conduct the Permitted Activities on the Property as set forth below. The Property is more fully depicted on Exhibit "A" attached hereto and incorporated by this reference. 2. Permitted Activities. City may access the Property solely for the purpose of walking the site to verify the location of two test pits in the wetland buffers shown in the Shannon & Wilson letter dated October 29, 2007. The City may dig a hole (small test pit) 18" deep using a hand held shovel and then backfill the material. City will not permit any other party, except City's duly authorized representatives, employees, agents and independent contractors (collectively "Representatives ") to enter or use the Property. 3. Term. The right of entry shall commence on November 12, 2007 and shall terminate on or before November 30, 2007, unless terminated earlier by Sound Transit. 4. Conditions of Use. a. City shall notify Sound Transit's Transportation Services Program Manager at 206 - 398 -5024 forty-eight (48) hours prior to initially entering the Property. b. City shall not interfere with the normal operations of Sound Transit or Burlington Northern Sante Fe Railroad Company or any holders of any easements retained for freight purposes. c. City shall not store materials in the Property. d. City shall be responsible to clean up any fuel or leaks arising out if its use of Sound Transit property. e. City shall not dispose of hazardous materials on the ground surface of the Property. f. City shall conduct its activities on the Property in a safe manner and shall be solely responsible for safety of all persons and property during is use of the Property. g. City shall be responsible to contact one number locate service to locate existing underground utilities, transmission lines, and private fiber optics communications lines. City shall be responsible for any damage to any utility caused by City or its Representatives in violation of RCW Chapter 19.122. h. City shall be responsible for any damage done to the Property by City or its Representatives. 1 J• • • City shall repair and restore the Property to as good or better condition as existed before City or its Representative's entry onto the Property. Upon written notice this Agreement is revocable by Sound Transit at any time for any reason, including but not limited to, violation of the conditions of use. 5. Contacts. Written notices and any other communications concerning the Property, except as provided above, shall be provided to the Representatives of the parties designated below. Unless expressly otherwise agreed between the parties every notice or response required by this Agreement to be served upon Sound Transit or City shall be in writing and shall be deemed to have been duly given to the required party: (a) five (5) business days after being posted in a properly sealed and correctly addressed envelope when sent by mail, postage prepaid, or (b) upon receipt when sent by overnight delivery through a nationally recognized courier service which provides a receipt of delivery, or (c) upon receipt when hand delivered. The notices or responses to Sound Transit shall be addressed as follows: Sound Transit: Sound Transit Attn: Nancy Bennett 401 S. Jackson St. Seattle, WA 98104 Phone: 206 - 398 -5407 Email: bennettn @soundtransit.org The notices or responses to City shall be addressed as follows: City: City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Jaimie Reavis 206.431.3659 jreavis @ci.tukwila.wa.us Sandra Whiting 206.431.3670 swhiting @ci.tukwila.wa.us Sound Transit and City may designate such other addresses from time to time by giving written notice to the other but notice cannot be required to more than one address. 6. Liability/Indemnity. Sound Transit, its officers, employees and agents shall not be liable for any injury (including death) to any persons or for damage to any property regardless of how such injury or damage be caused, sustained or alleged to have been sustained by City or by others, including but not limited to all persons directly or indirectly employed by the City, or any agents, contractors, subcontractors, Permittees, or invitees of City, as a result of any condition in the Property or occurrence (including failure or interruption of utility service) whatsoever related in any way to the Property and the areas adjacent thereto, or related in any way to City's use or occupancy of the Property and of areas adjacent thereto. City agrees to defend, indemnify and hold harmless Sound Transit, its officers, directors and employees from and against any and all claims, demands or causes of action and the resulting losses, costs, expenses, reasonable attorney fees, liabilities, damages, orders, judgments or decrees arising out of the acts, errors, or omissions of City or its agents, independent contractors, or employees related to or in any way arising out of the City's activities, its use, occupancy or exercise of the privileges 2 granted under this Agreement and/or from City's failure to obtain necessary utility locates and/or permissions to conduct its activities or improper disposal of spoils or spills caused by the City in violation of applicable environmental laws and regulations except to the extent caused by Sound Transit, its officers, directors, employees, agents, or representatives. City shall not be obligated to indemnify Sound Transit for Claims arising from Sound Transit's sole negligence. With respect to all or any portion of the foregoing obligation that may be held to be within the purview of RCW 4.24.115, such obligation shall apply to the maximum extent permitted by RCW 4.24.115. For purposes of this indemnity and only as to the City, its employees and officers, the City waives any immunity it may have under the Washington State Industrial Insurance Act, Title 51 RCW, and stipulates that such waiver has been expressly negotiated between the parties to this Agreement. • • Notwithstanding anything in the Agreement to the contrary, City shall be responsible for only such Hazardous Substances that it or those over whom it exercises control, causes a release of, disposes or spills on the Property. Initial here The indemnity provisions of this section shall survive the expiration or earlier termination of this Agreement. 7. Insurance. City shall at its expense procure and maintain throughout the term of the Agreement, and provide proof to Sound Transit that City and its contractors have secured the following insurance coverages: Commercial Liability insurance in amounts of not less than a combined single limit of $2,000,000 or in such other amounts as Sound Transit may from time to time reasonably require, insuring City, Sound Transit, Sound Transit's agents and their respective affiliates against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Agreement Area; ii. Commercial Liability insurance described in (a) above, shall include Contractual Liability, Fire Legal Liability and Stop -Gap coverage endorsements sufficient to cover City's indemnity obligations hereunder; iii. Automobile Liability insurance in amounts of not less than a combined single limit of $1,000,000 covering City's owned, non - owned, leased or rented vehicles; iv. All -risk Property insurance covering the full value of City's property and improvements (including all initial improvements), and other property (including property of others), in the Agreement Area; v. Workers' Compensation and Employers' Liability in accordance with the provisions of Title 51 or the Revised Code of Washington and covering City's employee's industrial accidents and injuries. vi. Prior to taking occupancy, City shall furnish Sound Transit with a Certificate(s) of Insurance, executed by a duly authorized representative of each insurer, or other acceptable evidence of 3 • • insurance, showing compliance with the insurance requirements set forth above and naming Sound Transit as an additional insured. vii. City shall require its contractors and subcontractors to name Sound Transit as an "additional insured" on all policies related to City's activities permitted by this Agreement. 8. Compliance with Laws. While on the Property, City and Representatives shall comply with all applicable federal, state, and local laws and regulations, including but not limited to RCW 19.22. 9. Liens. City shall pay for all materials and labor used on the Property and shall not allow any liens to attach to the Property. 10. Attorneys' Fees. In the event that either party commences litigation or arbitration proceedings against the other party relating to the performance or alleged breach of this Agreement, the prevailing party shall be entitled to all costs, including reasonable attorneys' fees incurred, relating to such litigation, including those incurred in the event of any appeal. 11. Jurisdiction and Venue. Any litigation filed by either party arising out of or relating to this Agreement shall be filed in King County Superior Court except as to matters which are exclusively within the jurisdiction of the Federal Court and as to such matters venue shall be in the Western District of the United States District Court at Seattle, Washington. 12. Miscellaneous. The headings and sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation of construction of the provisions of such sections or paragraphs. This Agreement contains the entire agreement between the parties and, in executing it, Sound Transit and City do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 13. Assignment. This Agreement and the rights, duties and obligations given hereunder may not be assigned, transferred, or otherwise conveyed by the City. City: Owner: City of Tukwila Central Puget Sound Regional Transit Authority Agnes Govern Title: Executive Director APPROVED AS TO FORM: Sound Transit Legal Counsel 4 • • s See attached Plan UN Exhibit A TRANSIT 5 Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION I. (.✓, #frtr7- DECLARE THAT: Notice of Public Hearing Project Number: L- C5 S' Determination of Non - Significance Mailer's Signature: \jAA) Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit __ __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other P:\ ADMINISTRATIVEFORMS \FORMS \►FFIDAVITOFDISTRIBUTION Was mailed to each of the addresses listed on this 6 day ofiASW in the year 20 Y Project Name: ,.,,- ,n,.u- -4- 0 I 1 cy, Project Number: L- C5 S' Mailer's Signature: \jAA) Person requesting mai 1 i ng: ','4 4 is lA P:\ ADMINISTRATIVEFORMS \FORMS \►FFIDAVITOFDISTRIBUTION Was mailed to each of the addresses listed on this 6 day ofiASW in the year 20 Y City of Tukwila Department of Community Development 6300 Southcenter Boulevard • Suite 100 Tukwila, WA 98188 -2599 City of Tukwila Department of Community Development 6300 Southcenter Boulevard • Suite 100 Tukwila, WA 98188 -2599 Sound Transit SEPA Responsible Official Union Station 401 S Jackson Street Seattle, WA 98104 City of Tukwila Department of Community Development 6300 Southcenter Boulevard • Suite 100 Tukwila, WA 98188 -2599 FOSTER LIBRARY 4060 S 144 ST TUKWILA, WA 98168 MUKLESHOOT INDIAN TRIBE 39015 172 AVE SE AUBURN, WA 98092 Muckleshoot Indian Tribe Fisheries Program ti ��ES PO �tr 4- a 'f.� v^ =a' P11 NCY BOWLS $ 00.41° 0004625264 NOV 30 2007 MAILED FROM ZIP CODE 981 88 02 1,:, �,��ES POS� z J :: - r" PITNFY HOWES $ 00.41° 0004625264 IJOV 30 20' 7 MAILED FROM ZIP CODE 981 22 1A POS% c� � 4111 i� J '' t +.�� - �r w2• -'•i = s..;-- _ -..:LL• PI NE SOWLS 02 1r. $ OOd41° 0004625264 NOV30 2007 MAILED FROM ZIP CODE 981 85 Z City of Tukwila ;0 Department of Community Development l j 2 6300 Southcenter Boulevard • Suite 100 Tukwila, WA 98188 -2599 MRf BECKI KNIVETON SHE` NNON AND WILSON , INC 400 NORTH 34 ST SUITE #100 SEATTLE, WA 98103 2 City of Tukwila Department of Community Development 6300 Southcenter Boulevard • Suite 100 Tukwila, WA 98188 -2599 City of Tukwila Department of Community Development 6300 Southcenter Boulevard • Suite 100 Tukwila, WA 98188 -2599 CITY OF RENTON PLANNING DEPT 1055 S. GRADY WAY RENTON, WA 98055 WA DEPT OF ECOLOGY SEPA REVIEW SECTION PO BOX 47703 OLYMPIA, WA 98504 -7703 " � AbJ 3r .2 ,r $0041° 0004625264 A:C•V 30 2007 MAILED FROM ZIP CODE 951 85 'ccs•s ' 1• _ W Y 715 PI I INC V 1;. s spo 02 1.4. $ 00.41° 0004625264 NOV '30 2007 MAILED FROM ZIP CODE 58' 65 (0 r runny 'sow( s $ 00.41° 0004625264 NCV 2007 MAILED FROM ZIPCODE 581 85 • M•31.1211•11102..m ongsalligoornie0.72.......; 'i'HAND;;R rviNp4pgritiv I ri MIC 51 k I C 59: ; tygtvf ta ER "•• - t=4;1; ig4/6:3: AO: Project ,Location . - Rertarl- Washington I • :lir •".. • ay..24 Agk - ei Toni Xts.f At" r 1,500 3.000 r -- — - --1 1 Scaie in Feet NOTE Parca: map oocamed from King C,c, website c.guv/Gifii7A/14: - 01 - 1 rks • mazitrr r ' 1 .1`.. it lig-zit 1,15 e:7 74 S1' = LitZjafq I. _mrrtn.,.7 _ . • Sound Trans'rt Tuk•M!a Commuter Safi Cf.atinn Tuk\iva, Washi7tgton VICINITY MAP Ocv 21-i- 5 • '1 CITY OF TUKVVILA NOTICE OF APPLICATION PROJECT INFORMATION Shannon & Wilson, Inc. has filed an application for a Special Permission Director for an Environmentally Sensitive Areas Deviation to allow work within a Type 3 wetland buffer as a part of a geotechnical assessment of subsurface conditions for the Tukwila Commuter Rail Station project. The geotechnical assessment includes excavating 12 test pits, each 6 to 10 feet in depth, and drilling three borings. Two of the proposed test pits are located within Type 3 wetlands, and are the subject of this Special Permission Director application. No test pits or borings will be located in wetlands. Projects applied for include: L07 -086, Special Permission Director Other known required permits include: None at this time Studies required with the applications include: None. This project is exempt from State Environmental Policy Act review per WAC 197 -11- 800(17), Information Collection and Research. FILES AVAILABLE FOR PUBLIC REVIEW The application is available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100. OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., Friday, December 14, 2007. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431 -3670. For further information on this proposal, contact Jaimie Reavis at (206) 431 -3659, jreavis @ci.tukwila.wa.us or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: November 13, 2007 Notice of Completeness Issued: November 30, 2007 Notice of Application Issued: November 30, 2007 () U.S. ARMY CORPS OF ENGINES () FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE () () () ( ) () () OFFICE OF ARCHAEOLOGY TRANSPORTATION DEPARTMENT DEPT NATURAL RESOURCES OFFICE OF THE GOVERNOR DEPT OF COMM. TRADE & ECONOMIC DEV. DEPT OF FISHERIES & WILDLIFE Pit () BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 () FIRE DISTRICT #2 () KC. WASTEWATER TREATMENT DIVISION () KC. DEPT OF PARKS & REC () KC. ASSESSORS OFFICE ( ) TUKWILA SCHOOL DISTRICT () TUKWILA UBRARY () RENTON UBRARY () KENT LIBRARY () CITY OF SEATTLE LIBRARY () (WEST ( ) SEATTLE CITY UGHT ( ) PUGET SOUND ENERGY ( ) HIGHLINE WATER DISTRICT ( ) SEATTLE WATER DEPARTMENT ( ) AT&T CABLE SERVICES ( ) KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: () PUBLIC WORKS () POLICE () PLANNING () PARKS & REC. () CITY CLERK ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P:\ ADMINISTRATIVE \FORMS \CHICLIST. DOC WASHINGTON STATE AGENCIES () FIRE ( ) FINANCE () BUILDING ( ) MAYOR ( ) PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE MUCKLESHOOT INDIAN TRIBE ( ) CULTURAL RESOURCES PROGRAM MISHERIES PROGRAM ( )'MLDLIFE PROGRAM FEDERAL AGENCIES KING COUNTY AGENCIES SCHOOLS/LIBRARIES UTILITIES CITY AGENCIES OTHER LOCAL AGENCIES MEDIA () U.S. ENVIROAINTAL PROTECTION AGENCY ( ) U.S. DEPT OF H.U.Q. () NATIONAL MARINE FISHERIES SERVICE () DEPT OF SOCIAL & HEALTH SERV. () DEPT OF ECOLOGY, SHORELAND DIV )(DEPT OF ECOLOGY, SEPA DIVISION' ( ) OFFICE OF ATTORNEY GENERAL • SEND CHKLIST W/ DETERMINATIONS • SEND SITE MAPS WITH DECISION ( ) HEALTH DEPT ( ) PORT OF SEATTLE () KC. DEV & ENV!R SERVICES-SEPA INFO CNTR ( ) K.C. TRANSIT DIVISION - SEPA OFFICIAL () K.C. LAND & WATER RESOURCES FOSTER LIBRARY () K C PUBLIC UBRARY ( ) HIGHLINE SCHOOL DISTRICT ( ) SEATTLE SCHOOL DISTRICT ( ) RENTON SCHOOL DISTRICT ( ) OLYMPIC PIPELINE ( ) VAL -VUE SEWER DISTRICT ( ) WATER DISTRICT #20 ( ) WATER DISTRICT #125 () CITY OF RENTON PUBLIC WORKS ( ) BRYN MAWR- LAKERIDGE SEWERWATER DISTRICT , RENTON PLANNING DEPT () CITY OF SEA TAC () CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS () CITY OF SEATTLE - SEPA INFO CENTER - DCLU () STRATEGIC PLANNING OFFICE' • NOTICE OF AU. SEATTLE RELATED PLNG PROJ. () DUWAMISH INDIAN TRIBE () P.S. AIR POLLUTION CLEAN AGENCY SOUND TRANSIT () DUWAMISH RIVER CLEAN -UP COALITION 'SEND NOTICE OF ALL APPUCATIONS ON OUWAMISH RIVER ( ) HIGHLINE TIMES ( ) CLTUKWILA.WA.US.WIMN riirg • --lb, —_'—=�~_.~ ttA Project Location :11W1"111,174 7-90 ___~ ~__. � Washington ~~=~ • 0 1,500 | | Scae in Feet 3,000 NOTE Parce map obtained from King County waby|ua: Site • Oczober 2007 SHANNON & VVI INC. `~~~.-~ . ~ '..~'~.., -.04 fa 1 171 Sound Transit Tukwila Commuter Rail Station Tukwila, Washington VICINITY MAP 21'1'208^5'O85 | � FIG, 1 November 30, 2007 Ms. Becki Kniveton Shannon and Wilson, Inc. 400 North 34 Street, Suite 100 Seattle, WA 98103 RE: L07 -086: Special Permission Director, Sensitive Areas Ordinance Deviation Dear Ms. Kniveton: Your application for a Special Permission Director, Sensitive Areas Ordinance Deviation located between the UPRR and BNSF railroad tracks south of Longacres Way (parcel numbers 2523049087 and 0005800020) has been found to be complete on November 30, 2007 for the purposes of meeting state mandated time requirements. The project has been assigned to me. This determination of complete application does not preclude the City from requesting additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. If you have any questions, please feel free to call me at (206) 431 -3659. Sincerely, Jaimie Reavis Assistant Planner JR Completeness letter - L07 -086 • City of Tukwila Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION Page 1 of 1 11/30/2007 3:38 PM Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila. Washineton 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • 1 SHANNON iWILSON, INC. KEEP GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS October 29, 2007 Ms. Nora Gierloff City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 RE: TUKWILA COMMUTER RAIL STATION PROJECT, GEOTECHNICAL ASSESSMENT Dear Ms. Gierloff: 1 • Sound Transit plans to construct a permanent Tukwila Commuter Rail Station to replace the temporary station that has been in service since 2001. The Tukwila Commuter Rail Station would be located south of Longacres Way and immediately adjacent to the BNSF Railway (BNSF) railroad tracks (Figures 1 and 2). The permanent commuter rail station will include the construction of: ■ Two 600-foot-long platforms south of the existing temporary station. ■ Station program elements (bike storage, train platform canopies /weather protection, bus bay canopies /weather protection, CCTV /security, guard station located in or near the parking lot, litter receptacles, patron seating, pay phones, public art, signage and wayfinding, and ticket vending machines). Plumbing and power will be stubbed out at the guard station to accommodate potential future construction of a Driver Comfort Station and a public restroom. Plumbing and power will be stubbed out in an area designated for a potential future 500 -foot Amtrak building. ■ Surface parking lot for 350 stalls. ■ Bus boarding (two 120 -foot active zones) and layover (200- foot -long bus and 100 -foot- long combined). ■ Widened embankment for widened BNSF tracks and future third line. ■ New embankment (by others) for new Union Pacific Railroad (UPRR) tracks (by others). ■ Demolition, utility relocation, site remediation, and environmental mitigation of existing UPRR embankment and tracks (all work done by others). 400 NORTH 34TH STREET • SUITE 100 P.O. BOX 300303 SEATTLE, WASHINGTON 98103 206.632.8020 FAX 206.695.6777 TDD: 1.800.833.6388 www.shannonwilson.com 21 -1 -20815 -005 ALASKA CALIFORNIA COLORADO FLORIDA MISSOURI OREGON WASHINGTON • Ms. Nora Gierloff City of Tukwila October 29, 2007 Page 2 21-I-20815-005-L1 .doc/wp /LK D BACKGROUND SHANNON 8WILSON, INC. ■ Pedestrian tunnel under the BNSF tracks. ■ Pedestrian tunnel (by others) under the UPRR tracks. ■ Stormwater detention and conveyance systems. ■ Pedestrian plaza. ■ Access drives to Longacres Way. ■ Half street improvement on Longacres Way. ■ Inclusion of pavement in stormwater systems and environmental documentation for potential future long -term parking in southern portion of the site. ■ Site landscaping. ■ Site lighting and streetscape. For this project, Shannon & Wilson is performing a geotechnical assessment of subsurface conditions for the Tukwila Commuter Rail Station. Data from our geotechnical assessment will be used in the engineering analyses for the station, parking lot, bus lanes, pedestrian bridge, and other elements listed above. This letter describes our geotechnical assessment procedures and best management practices as part of our Special Permission Director permit application (enclosed), and documents why our proposed geotechnical work for the Tukwila Commuter Rail Station project meets the criteria for a State Environmental Policy Act (SEPA) exemption. Specifically, this letter addresses the criteria of the Washington Administrative Code (WAC) 197 -11- 800(18) that provide for SEPA exemptions, as adopted by reference in the Tukwila Municipal Code (TMC) 21.04.100. The wetlands in the project corridor were delineated and categorized by David Evans and Associates based on parameters outlined in the TMC. The project area wetland categories and buffers are summarized in the table below. The wetland boundaries and associated buffers are also shown on the enclosed Figure 2. 21 -1- 20815 -005 Ms. Nora Gierloff City of Tukwila October 29, 2007 Page 3 21 -1- 20815 -005- L1.doc /wp /LKD PROJECT AREA WETLANDS n l7► Catego Wetland G Wetland N Wetland P Wetland S Type 3 Type 3 Type 3 Type 3 50 50 50 50 PROPOSED WORK SHANNON iWILSON, INC. Our proposed work includes excavating 12 test pits and drilling three borings to evaluate subsurface soil conditions in the project vicinity (Figure 2). Two test pits will be located in wetland buffers (EP -8 and EP -10); the remaining explorations will be located in uplands beyond the edge of the wetland buffers. No test pits or borings will be located in wetlands The test pits will be excavated using a rubber -tired backhoe. Test pits will be about 6 to 10 feet deep and will be backfilled with soils derived from the excavations. Test pits located in the BNSF railroad right -of -way will be excavated during limited train windows in accordance with BNSF regulations. Drilling will be completed using a standard, mobile, track - mounted drill rig at the boring locations. Because of the anticipated soft and loose soil deposits and high groundwater table, mud - rotary techniques will be used to drill each of the boreholes 70 to 120 feet below ground surface, or to an appropriate depth determined during fieldwork. Traditional mud - rotary drilling requires use of a drilling mud consisting of bentonite slurry, which is pumped out of a mud tank at the ground surface, down the center of the drill rods, through the drill bit, up the hole between the drill rods and borehole sidewalls, and back into the mud tank. The circulation of drilling mud removes the cuttings generated during the drilling process from the hole and carries them to the mud tank. Boreholes are typically less than 8 inches in diameter. All cuttings and drilling mud will be containerized and /or disposed of in an upland location outside of buffers. 21 -1- 20815 -005 Ms. Nora Gierloff City of Tukwila October 29, 2007 Page 4 21 -1- 20815- 005- L1.doc/wp/LKD • • Limited clearing of non - native blackberries may be conducted prior to test pit excavation/drilling activities to allow for access in heavily vegetated areas. Efforts will be made to minimize the amount of disturbance at all boring locations. No long -term impacts are anticipated. In addition, all explorations will be located within areas that will be impacted later on by project construction. SCHEDULE SHANNON 6WILSON, INC. Due to project schedule restrictions, we would like to conduct our fieldwork activities in early December. Based on conversations with Carol Lumb, a planner at the City of Tukwila Department of Community Development, we understand that it may take a month or more to receive approval from the City. We request that the review time be expedited, if possible, and thank you in advance for your understanding and cooperation in this matter. SITE ACCESS The Special Permission Director permit requires right -of -entry agreements from property owners where wetlands and/or buffers will be impacted. The two test pits that will be located in wetland buffers are on Sound Transit's property (tax parcels 2523049087 and 0005800020). The Sound Transit property can be accessed from the City of Tukwila's property immediately south of the site (tax parcel 2523049006). The right -of -entry agreement for the Sound Transit property is attached. SPECIAL PERMISSION DIRECTOR PERMIT CRITERIA TMC 18.45.090A states that any use or development in a wetland or its buffer is subject to review and approval by the Director. TMC 18.45.090B states that alterations to wetlands or their buffers are discouraged and are limited to the minimum necessary for project feasibility. For this project, the explorations will be completed as part of our geotechnical assessment for the 21 -1- 20815 -005 Ms. Nora Gierloff City of Tukwila October 29, 2007 Page 5 21-1-20815-005-L1 soc /wp/ LK D • SHANNON 6WILSON, INC. Tukwila Commuter Rail Station. Data from our geotechnical assessment will be used in the engineering analyses for the Tukwila Commuter Rail Station. To alter wetlands, the project must meet the following criteria (response to criteria in italics): 1. The alteration will not adversely affect water quality. The explorations will be located in uplands. No streams are in the project area; however, best management practices will be implemented to ensure that sediments do not enter nearby wetlands. 2. The alteration will not adversely affect fish, wildlife, or their habitat. The explorations will not affect fish or their habitat. The explorations may temporarily disturb wildlife while the equipment is in place; however, this will be a temporary occurrence over a short period of time, with no anticipated adverse effects. 3. The alteration will not have an adverse effect on drainage and/or storm water detention capabilities. Areas of disturbance will be minimized and only minor clearing of vegetation is anticipated. The explorations will not affect the drainage and /or storm water capabilities of the wetlands and /or their buffers. 4. The alteration will not lead to unstable earth conditions or create an erosion hazard or contribute to scouring actions. The project area is relatively flat. Disturbed buffer areas will be seeded with a native seed mix after explorations are completed. Based on site conditions, we do not anticipate creating any erosion or scouring hazards. 5. The alteration will not be materially detrimental to any other property. The explorations will not affect properties other than those on which the project is taking place. Buffer areas will be restored with native seed subsequent to the explorations. 6. The alteration will not have adverse effects on any other sensitive areas. There are no other sensitive areas adjacent to the test pit and boring locations, except for the wetlands addressed earlier. Minor impacts to buffers will be restored with no long term effects anticipated. The Sensitive Areas Ordinance requires that impacts to wetlands and their buffers be mitigated by restoration, creation, or enhancement. For the explorations conducted in wetland buffers, bare soil areas will be seeded with a native grass seed mix after the explorations are completed. No permanent impacts are anticipated. 21 -1- 20815 -005 Ms. Nora Gierloff City of Tukwila October 29, 2007 Page 6 The proposed work falls under SEPA Categorical Exemption #18 — Information Collection and Research (WAC 197 -11 -800 [18]), which states that "Basic data collection, research, resource evaluation, requests for proposals, and the conceptual planning of proposals shall be exempt. These may be strictly for information gathering or as part of a study leading to a proposal that has not yet been approved, adopted, or funded; this exemption does not include any agency action that commits the agency to proceed with such a proposal." If you have any questions or would like clarification of the information provided herein, please call me at (206) 695 -6673. Sincerely, SHANNON & WILSON, INC. BSK:KLW/bsk Enclosures: Figure 1 — Vicinity Map Figure 2 — Site and Proposed Exploration Plan Special Permission Director Permit Application Right of Entry Agreement $350 Check for Special Permission Director Permit Fee c: Carol Lumb, City of Tukwila Jacqueline Putt, KPFF Nancy Clark, Sound Transit 21 -1- 20815 -005 -L 1.doc /wp /LKD 1 • SHANNON FIWILSON. INC. STATE ENVIRONMENTAL POLICY ACT (SEPA) EXEMPTION 21 -1 -20815 -005 c 0 0 1,500 Scale in Feet 3,000 NOTE Parcel map obtained from King County website: http://www.metrokc.gov/GISAMAP. tun Sound Transit Tukwila Commuter Rail Station Tukwila, Washington VICINITY MAP October 2007 21-1-20815-005 SHANNON & WILSON, INC. GeotechnIcal and Environmental Consultants FIG. 1 Is r, Rt1ARitiov� 7_ ,- a cn d m 0 E m L `�° �� —__-- l=7; • pr n reCTA, IT* ir.r ; Existinn llDnt� •'w� = -� / - VB . - EXIST BURLINGTON NORT STATION PLATFORMS NOTE Figure adapted from client file, "01- 29- 2006_Final Buildout_Parking. dwg," dated 10 -4 -07. PROPOSED 600' ` .) ST -1 A EP -1 B Vii) i . 3 GeoE -15 58' BNSF = Mp,10.96x _ 0 Approximate Location of Proposed Boring Approximate Location of Proposed Exploration Pit Designation, Approximate Location, and Depth of Pervious Boring for Strander Blvd Extension Project Designation, Approximate Location, and Depth of Previous Boring for Strander Blvd Extension Project 7 ' . r • =_ Designation, Approximate Location, and Depth of Shannon & Wilson Boring for a Nearby Project Based Upon Previous Report 100 _ 200 J J Scale in Feet LEGEND GeoE -1 Designation, Approximate Location, and Depth of Boring of Another Firm for a Nearby Project Based Upon Previous Report B- 1 Designation, Approximate Location, and Depth of Boring of Another Firm for Temporary Commuter Rail Station (ECI, 1998) D Designation and Approximate Location of Test Pit Excavation by Another Firm (ECI, 1998) """"e" Wetland Boundary 1P I Approximate Extent of Wetland Buffer .mossom■ Existing Com nu er Rail Station Sound Transit Tukwila Commuter Rail Station Tukwila, Washington Exhibit A i FOR STAFF USE ONLY Permits Plus Type: PAP Planner: j ai ' m i e gi 6to S File Number: L0 _08 Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: 1 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E - mail: tukplan @ci.tukwila.wa.us • APPLICATION NAME OF PROJECT/DEVELOPMENT: Tukwila Commuter Rail Station LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Vacant land between DPRR and BNSF railroad tracks, south of Longacres Way (see Figures 1 and 2). LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 2523049087, 0005800020 E - mail: bsk @shanwil. corn DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner /applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Signature: Date: P \Planning Forms \Applications\SPDireclor -12 -06 doc December 4, 2006 SPECIAL PERMISSION DIRECTOR Name: Becki Rniveton Address: 400 N. 34th Street, Suite 100, Seattle, WA 98103 Phone: (206) 695 - 6673 FAX: (206) 695 -6777 Chec items subm tted v► th A cati In formati on Req uire d. May wai in unusual cos es,:upon approval". of both: Public otks nd Planntn APPLICATION MATERIALS: X 1. Application Checklist one (1) copy, indicating items submitted with application. X V 2. Permit Fee (LDR = $230, Other zones = $350). % 3. Written description of the project, the deviation being requested and response to the applicable decision criteria. ZONING CODE PARKING DEVIATION 4. A complete description of the proposed construction relative to parking areas, and all supporting agreements. 5. Dimensional site plan(s) to demonstrate parking area consistent with Zoning Code requirements. 6. Parking studies as needed to demonstrate adequate parking is provided. LANDSCAPE DEVIATION 7. Landscape plan — two (2) copies showing size and species of existing and proposed plant materials, required perimeter landscape types, parking areas, buildings, walkways, transit facilities, property lines, dimensions and area of planting beds and any calculations necessary to demonstrate compliance with review criteria. SENSITIVE AREA ORDINANCE DEVIATIONS X 8. Site Plan — two (2) copies showing all buildings, parking areas, walkways, property lines, planting areas, sensitive areas, their buffers and setbacks. See letter 9. Sensitive area studies and enhancement plans to justify a requested buffer or setback reduction and demonstrate that the reduction will not result in a direct or indirect short-term or long- term adverse impact to the sensitive area per TMC 18.45.090 D. SIGN CODE APPROVAL/DEVIATION 10. Complete "Permanent Sign Permit Application" with all supporting materials and fees ($115). 11. The following information should be given on the plans: North arrow, title, scale and date; COMPLETE APPLICATION CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 - 431 -3670 (Department of Community Development) and 206 - 433 -0179 (Department of Public Works). P: \Planning Forms \ Applications \SPDirector- 12- 06.doc December 4, 2006 CARGO CONTAINER APPROVAL SINGLE - FAMILY DESIGN STANDARD EXCEPTIONS Vicinity map showing location and names of adjacent roads; Property lines; Locations of all buildings on site; Dimensioned elevations of building drawn to scale (for wall signs); Elevations, dimensions and materials of proposed sign(s) including advertising copy; Color elevation of proposed sign. 12. Site plan showing the location of the container(s) in relationship to parking areas, property lines, buildings, streets, trails, landscape areas and setbacks. 13. Description of the proposed screening. 14. Dimensions of proposed cargo container. 15. Dimensioned and scalable building elevations with keyed colors and materials. 16. The site plan must include a graphic scale, north arrow, proposed house footprint, any existing structures, lot lines, setbacks, adjacent streets, driveways, parking areas, any sensitive areas and any fences, rockeries or retaining walls. P:\Planning Forms \ Applications \SPDirector- l2- 06.doc December 4, 2006 This Right of Entry Agreement ( "Agreement ") is between CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY (Sound Transit), the undersigned Owner of the following described Property and the City of Tukwila, a municipal corporation ( "City"). The Property is described as follows: Location: Tukwila Station Parcel Number: #0005800020 ( "Property") 1. Grant of Right of Entry. Sound Transit grants to City a non- exclusive revocable right of reasonable access to enter and cross and conduct the Permitted Activities on the Property as set forth below. The Property is more fully depicted on Exhibit "A" attached hereto and incorporated by this reference. 2. Permitted Activities. City may access the Property solely for the purpose of walking the site to verify the location of two test pits in the wetland buffers shown in the Shannon & Wilson letter dated October 29, 2007. The City may dig a hole (small test pit) 18" deep using a hand held shovel and then backfill the material. City will not permit any other party, except City's duly authorized representatives, employees, agents and independent contractors (collectively "Representatives ") to enter or use the Property. 3. Term. The right of entry shall commence on November 12, 2007 and shall terminate on or before November 30, 2007, unless terminated earlier by Sound Transit. 4. Conditions of Use. 1 • RIGHT OF ENTRY AGREEMENT a. City shall notify Sound Transit's Transportation Services Program Manager at 206 - 398 -5024 forty-eight (48) hours prior to initially entering the Property. b. City shall not interfere with the normal operations of Sound Transit or Burlington Northern Sante Fe Railroad Company or any holders of any easements retained for freight purposes. c. City shall not store materials in the Property. d. City shall be responsible to clean up any fuel or leaks arising out if its use of Sound Transit property. e. City shall not dispose of hazardous materials on the ground surface of the Property. f. City shall conduct its activities on the Property in a safe manner and shall be solely responsible for safety of all persons and property during is use of the Property. g. City shall be responsible to contact one number locate service to locate existing underground utilities, transmission lines, and private fiber optics communications lines. City shall be responsible for any damage to any utility caused by City or its Representatives in violation of RCW Chapter 19.122. h. City shall be responsible for any damage done to the Property by City or its Representatives. 1 i. City shall repair and restore the Property to as good or better condition as existed before City or its Representative's entry onto the Property. j. Upon written notice this Agreement is revocable by Sound Transit at any time for any reason, including but not limited to, violation of the conditions of use. 5. Contacts. • • Written notices and any other communications concerning the Property, except as provided above, shall be provided to the Representatives of the parties designated below. Unless expressly otherwise agreed between the parties every notice or response required by this Agreement to be served upon Sound Transit or City shall be in writing and shall be deemed to have been duly given to the required party: (a) five (5) business days after being posted in a properly sealed and correctly addressed envelope when sent by mail, postage prepaid, or (b) upon receipt when sent by overnight delivery through a nationally recognized courier service which provides a receipt of delivery, or (c) upon receipt when hand delivered. The notices or responses to Sound Transit shall be addressed as follows: Sound Transit: Sound Transit Attn: Nancy Bennett 401 S. Jackson St. Seattle, WA 98104 Phone: 206 - 398 -5407 Email: bennettn @soundtransit.org The notices or responses to City shall be addressed as follows: City: City of Tukwila Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Jaimie Reavis 206.431.3659 jreavis @ci.tukwila.wa.us Sandra Whiting 206.431.3670 swhiting @ci.tukwila.wa.us Sound Transit and City may designate such other addresses from time to time by giving written notice to the other but notice cannot be required to more than one address. 6. Liability/Indemnity. Sound Transit, its officers, employees and agents shall not be liable for any injury (including death) to any persons or for damage to any property regardless of how such injury or damage be caused, sustained or alleged to have been sustained by City or by others, including but not limited to all persons directly or indirectly employed by the City, or any agents, contractors, subcontractors, Permittees, or invitees of City, as a result of any condition in the Property or occurrence (including failure or interruption of utility service) whatsoever related in any way to the Property and the areas adjacent thereto, or related in any way to City's use or occupancy of the Property and of areas adjacent thereto. City agrees to defend, indemnify and hold harmless Sound Transit, its officers, directors and employees from and against any and all claims, demands or causes of action and the resulting losses, costs, expenses, reasonable attorney fees, liabilities, damages, orders, judgments or decrees arising out of the acts, errors, or omissions of City or its agents, independent contractors, or employees related to or in any way arising out of the City's activities, its use, occupancy or exercise of the privileges 2 • • granted under this Agreement and/or from City's failure to obtain necessary utility locates and/or permissions to conduct its activities or improper disposal of spoils or spills caused by the City in violation of applicable environmental laws and regulations except to the extent caused by Sound Transit, its officers, directors, employees, agents, or representatives. City shall not be obligated to indemnify Sound Transit for Claims arising from Sound Transit's sole negligence. With respect to all or any portion of the foregoing obligation that may be held to be within the purview of RCW 4.24.115, such obligation shall apply to the maximum extent permitted by RCW 4.24.115. For purposes of this indemnity and only as to the City, its employees and officers, the City waives any immunity it may have under the Washington State Industrial Insurance Act, Title 51 RCW, and stipulates that such waiver has been expressly negotiated between the parties to this Agreement. Notwithstanding anything in the Agreement to the contrary, City shall be responsible for only such Hazardous Substances that it or those over whom it exercises control, causes a release of, disposes or spills on the Property. Initial here The indemnity provisions of this section shall survive the expiration or earlier termination of this Agreement. 7. Insurance. City shall at its expense procure and maintain throughout the term of the Agreement, and provide proof to Sound Transit that City and its contractors have secured the following insurance coverages: i. Commercial Liability insurance in amounts of not less than a combined single limit of $2,000,000 or in such other amounts as Sound Transit may from time to time reasonably require, insuring City, Sound Transit, Sound Transit's agents and their respective affiliates against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Agreement Area; ii. Commercial Liability insurance described in (a) above, shall include Contractual Liability, Fire Legal Liability and Stop -Gap coverage endorsements sufficient to cover City's indemnity obligations hereunder; iii. Automobile Liability insurance in amounts of not less than a combined single limit of $1,000,000 covering City's owned, non - owned, leased or rented vehicles; iv. All -risk Property insurance covering the full value of City's property and improvements (including all initial improvements), and other property (including property of others), in the Agreement Area; v. Workers' Compensation and Employers' Liability in accordance with the provisions of Title 51 or the Revised Code of Washington and covering City's employee's industrial accidents and injuries. vi. Prior to taking occupancy, City shall furnish Sound Transit with a Certificate(s) of Insurance, executed by a duly authorized representative of each insurer, or other acceptable evidence of 3 insurance, showing compliance with the insurance requirements set forth above and naming Sound Transit as an additional insured. vii. City shall require its contractors and subcontractors to name Sound Transit as an "additional insured" on all policies related to City's activities permitted by this Agreement. 8. Compliance with Laws. While on the Property, City and Representatives shall comply with all applicable federal, state, and local laws and regulations, including but not limited to RCW 19.22. 9. Liens. City shall pay for all materials and labor used on the Property and shall not allow any liens to attach to the Property. 10. Attorneys' Fees. In the event that either party commences litigation or arbitration proceedings against the other party relating to the performance or alleged breach of this Agreement, the prevailing party shall be entitled to all costs, including reasonable attorneys' fees incurred, relating to such litigation, including those incurred in the event of any appeal. 11. Jurisdiction and Venue. Any litigation filed by either party arising out of or relating to this Agreement shall be filed in King County Superior Court except as to matters which are exclusively within the jurisdiction of the Federal Court and as to such matters venue shall be in the Western District of the United States District Court at Seattle, Washington. 12. Miscellaneous. The headings and sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation of construction of the provisions of such sections or paragraphs. This Agreement contains the entire agreement between the parties and, in executing it, Sound Transit and City do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 13. Assignment. This Agreement and the rights, duties and obligations given hereunder may not be assigned, transferred, or otherwise conveyed by the City. City: Owner: City of Tukwila Central Puget Sound Regional Transit Authority Agnes Govern Title: Executive Director APPROVED AS TO FORM: Sound Transit Legal Counsel • • 4 • • Exhibit A See attached Plan SOUND ►TRANSIT 5