Vigor Industrial on Harbor Island has been in the process of designing a shallow-water intertidal estuary near the mouth of the Duwamish River taking charge of the process instead of simply paying for the government to handle it. The result is that salmon hatchlings will be able to rest as they migrate.

When Vigor purchased the former Todd Shipyards they took on the liability for the natural resource damage done over the site's long history of industrial production. 

The site AIM2FLOURISH has a much more in depth look at the project and the philosophy of the company that is driving it.

The Seattle Department of Construction and Inspections has now issued a conditional permit to proceed.

Seattle Department of Construction & Inspections

CITY OF SEATTLE ANALYSIS AND DECISION OF THE DIRECTOR OF THE SEATTLE DEPARTMENT OF CONSTRUCTION AND INSPECTIONS  

Project Number:  3034471-LU  

Applicant Name: Erin Murray    

Address of Proposal: 1801 16th Ave SW    

SUMMARY OF PROPOSED ACTION  

Shoreline Substantial Development application to allow a new aquatic habitat. Project includes demolition of 3 piers, a portion of a 4th pier, bulkhead, and up to 5,000 piles. New piers, gangway, improvements to dry dock and 179 new piles to be installed.  Existing utilities, stormwater facility and electrical substation to be removed and replaced.  Review includes excavation of 37,000 cu. yds. of material; up to 22,000 cu. yds. reused as fill in the proposed habitat and 15,000 cu. yds. including 7,000 cu. yds. of contaminated soil to be disposed of off-site.  

(Vigor Shipyard Habitat Project).  

The following approvals are required:   Shoreline Substantial Development Permit to allow development in the Urban Industrial (UI) Shoreline Environment.    

Shoreline Conditional Use to allow shoreline modification for dredging in the Urban Industrial (UI) Shoreline Environment, pursuant to SMC 23.60A.172.5.e.  

SEPA - Environmental Determination (Section 25.05, Seattle Municipal Code)   SEPA Determination: [   ] Exempt [   ] DNS [   ] MDNS [   ] EIS     [X] DNS with conditions     [   ] DNS involving non-exempt grading  

Proposal Background and Summary  

Vigor Shipyards, Inc. (Vigor) operates a shipyard for the new construction and repair of mid- to large-sized vessels within the northwest corner of Harbor Island in Seattle.  The shipyard consists of approximately 27 acres of land and 20 acres of in-water area located on Elliott Bay and the West Waterway of the Duwamish River. The project area, which is located in an Urban Industrial (UI) Shoreline Environment, is an approximately 12.4-acre portion of the shipyard facility located at its southwest corner, along the West Waterway. The project area is an actively used area within the Vigor facility. It is composed of Piers 3, 2P, 1, and 1A; the Shipways structure; and adjacent uplands. The Vigor-owned parcel within the project area extends into the West Waterway. The project area also includes state-owned aquatic land parcels leased to Vigor.  

Historical operations at the Vigor facility have resulted in the release of hazardous substances, which were identified in surface water, sediments, soils, and groundwater of the Lower Duwamish River.

A Natural Resource Damage (NRD) Consent Decree was entered between Vigor and the Natural Resources Trustees (Trustees); a condition of this settlement requires Vigor to create new in-water habitat. The Trustees include the U.S. Department of Commerce represented by the National Oceanic and Atmospheric Administration, the U.S. Department of the Interior, the State of Washington represented by the Washington State Department of Ecology (Ecology), the Muckleshoot Indian Tribe, and the Suquamish Tribe.  

The purpose of this project is to create new in-water habitat for juvenile salmonids where the Lower Duwamish River meets Elliott Bay, as a condition of the NRD settlement. The proposed project includes all required site work necessary to create a new aquatic area for the proposed habitat.

Site work activities that would be performed as part of the proposed project include the following:

• Relocation of facility infrastructure

• Reconfiguration and improvement of stormwater conveyance and discharge

• Demolition of existing overwater and in-water structures • Environmental dredging to support in-water habitat creation

• Reconfiguration and reconstruction of limited portions of existing piers

• Completion of earthwork and planting in the project area  

Once completed, the approximately 2.7-acre area of subtidal, intertidal, and riparian habitat would improve existing degraded habitat in this industrially zoned but ecologically important area. Long-term monitoring and maintenance activities are also proposed  

This project is being implemented to settle NRD claims associated with historical releases of contamination to Elliott Bay and the Lower Duwamish River from the Vigor property. The proposed project is a requirement of an NRD Consent Decree in agreement with the Natural Resources Trustees (Trustees). The Trustees include the U.S. Department of Commerce represented by NOAA, the U.S. Department of the Interior, the State of Washington represented by Ecology, the Muckleshoot Indian Tribe, and the Suquamish Tribe. The Trustees have been closely involved in this project, from the project conceptualization to the habitat design now proposed. Furthermore, the design objectives and design criteria were reached by consensus with the Trustees, and they will continue to review and approve all design and permitting documents and oversee construction and monitoring.  

Public Comment  

One public comment was received during the public comment period that ended on September 13, 2019.    

ANALYSIS - SHORELINE SUBSTANTIAL DEVELOPMENT  

Section 23.60A.030 of the Seattle Municipal Code provides criteria for review of a shoreline substantial development permit and reads: “The Director may approve or approve with conditions an application for a development, shoreline modification, or use that requires a shoreline substantial development permit, shoreline conditional use permit, shoreline variance permit, or special use approval if the Director determines the applicant has demonstrated that the development, shoreline modification, or use:”  

1. Is consistent with the policies and procedures of RCW 90.58.020;

2. Is not prohibited in any shoreline environment, underlying zone and overlay district in which it would be located;

3. Meets the standards in this Chapter 23.60A and any applicable development standards of the underlying zone or overlay district, except where a variance from a specific development standard has been granted; and  

4. If the development, shoreline modification, or use requires a special use approval, shoreline conditional use permit, or shoreline variance permit, the project meets the criteria for the same established in Sections 23.60A.032, 23.60A.034, or 23.60A.036, respectively.   These criteria are analyzed below:  

1. Is consistent with the policies and procedures of RCW 90.58.020;   Chapter 90.58 RCW is known as the Shoreline Management Act of 1971.  It is the policy of the State to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses.  This policy seeks to protect against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary incidental rights.  Permitted uses in the shorelines shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public’s use of the water. The project has been reviewed by SDCI and determined to be consistent with all applicable use and development standards in the City’s Shoreline Master Program, as discussed in more detail below. The subject application is consistent with the procedures outlined in RCW 90.58.  

2. Is not prohibited in any shoreline environment, underlying zone and overlay district in which it would be located;   The proposed project is a permitted restoration and enhancement use in the Urban Industrial Shoreline Environment (SMC 23.60A.482) and the underlying Industrial General 1 (Unlimited/85’) zone.  The proposal for the work at the shipyard does not constitute a change of use from the existing, commercial water-dependent use.  

3. Meets the standards in this Chapter 23.60A and any applicable development standards of the underlying zone or overlay district, except where a variance from a specific development standard has been granted;   The Shoreline Management Act provides definitions and concepts and gives primary responsibility for initiating and administering the regulatory program of the Act to local governments.  The Department of Ecology is to primarily act in a supportive and review capacity, with primary emphasis on ensuring compliance with the policy and provisions of the Act.  As a result of this Act, the City of Seattle adopted a local shoreline master program, codified in the Seattle Municipal Code at Chapter 23.60A that also incorporates the provisions of Chapter 173-27, WAC.  Title 23 of the Municipal Code is also referred to as the Land Use and Zoning Code.  Development on the shorelines of the state is not to be undertaken unless it is consistent with the policies and provisions of the Act, and with the local master program.  The Act sets out procedures, such as public notice and appeal requirements, and penalties for violating its provisions which have also been set forth in the Land Use Code.   In evaluating requests for substantial development permits, the Director must determine that a proposed use and subsequent development meets the relevant criteria set forth in the Land Use Code.  The Shoreline Goals and Policies, part of the Seattle Comprehensive Plan, and the purpose and location criteria for each shoreline environment must be considered and this project was found to comply. Shoreline Area Policy 1 (SA PA1) states “the preference for protection of the ecological conditions of the shoreline shall be accomplished by prohibiting uses that would negatively impact natural areas, by providing mitigation for negative impacts caused by the use and by providing restoration and enhancement of natural areas where they are degraded,” which is consistent with the ecological benefits that will result from this project.  A proposal must also be consistent with the general development standards of SMC 23.60A.152, the specific standards of the applicable shoreline environments and underlying zoning designation, which is discussed below.    

SMC 23.60A.152 - Development Standards for all Environments  

These general standards apply to all uses in the shoreline environments.  The standards require that design and construction of all uses be conducted in an environmentally sound manner, consistent with the Shoreline Management Program and with best management practices for the specific use or activity. Compliance with applicable codes and ordinances for construction of the project will reduce or eliminate most potential adverse long-term impacts to the shoreline environment.  The applicant will implement Best Management Practices during development to ensure protection of water quality and potential adverse impacts to the shoreline environment and Elliott Bay during construction.  More details on these BMPs and the project’s consistency with these general development standards are contained in the application and available in the project file, including the Shoreline Permit Application document (Aug. 2019).  A Biological Assessment (Nov. 2019) submitted by the applicant contains extensive information regarding the habitat enhancements that will occur as a result of this project along with the BMPs that will be implemented during construction.    

Standards for UI Shoreline Environment and the underlying Industrial General zone.    

The project will be located in the Urban Industrial Shoreline Environment. The proposed restoration and enhancement use is allowed in the UI Environment per SMC 23.60A.482.  The existing water-dependent commercial use for the shipyard, which is not proposed to change with this project,  is also allowed in the UI Environment and the underlying zone.    

The project has been reviewed by SDCI staff and found to be consistent with all applicable development standards in the SMP, such as height, lot coverage, and setbacks, except for the dredging shoreline modification, which triggers a shoreline conditional use requirement that is analyzed below.   The applicant submitted an analysis of the project’s consistency with applicable shoreline development standards, which is contained in a document available in the project file.      

4. If the development, shoreline modification, or use requires a special use approval, shoreline conditional use permit, or shoreline variance permit, the project meets the criteria for the same established in Sections 23.60A.032, 23.60A.034, or 23.60A.036, respectively.

• Dredging necessary for cleanup and disposal of contaminated sediments as part of an interagency environmental cleanup plan.

• Fill for ecological mitigation, restoration and enhancement, or beach nourishment project if the fill will not permanently and negatively impact native aquatic vegetation.

• Hard shoreline stabilization that meets the additional criteria in SMC 23.60A.188.   The proposed project does not require a shoreline variance permit but does require special use approvals and a shoreline conditional use approval, which are analyzed below.   Analysis: Shoreline Conditional Use    

The proposed project triggers a shoreline conditional use analysis per SMC 23.60A.172.5.e as it includes “Dredging necessary to obtain fill for an ecological restoration and enhancement project that the Director has determined to be significant and the fill is placed waterward of the MHHW or at an approved landfill outside the Shoreline District.”     The applicant has submitted a shoreline conditional use criteria analysis, that is available in the project file (Shoreline Permit Application, August 2019) and supplements the analysis below.  The Director may approve or approve with conditions a shoreline conditional use application if the proposed use or shoreline modification:  

1. Complies with the criteria in WAC 173-27-160 and the Shoreline Policies in the Comprehensive Plan;     Shoreline Area Policy 1 (SA PA1)  in the Comprehensive Plan states “the preference for protection of the ecological conditions of the shoreline shall be accomplished by prohibiting uses that would negatively impact natural areas, by providing mitigation for negative impacts caused by the use and by providing restoration and enhancement of natural areas where they are degraded,” which is consistent with the ecological benefits and habitat enhancement that will result from this project.  

See responses to WAC 173-27-160 criteria below and application material.  

2. Complies with standards in Section 23.60A.030;    

Complies.  

See discussion above and application material.  

3. Complies with all additional shoreline conditional use criteria in this Chapter 23.60A for the specific use or shoreline modification listed as a shoreline conditional use; and     Complies.  No additional conditional use criteria are required for this modification than what are analyzed here.     4. Can achieve no net loss of ecological functions unless the applicant obtains a variance from this requirement under subsection 23.60A.036.C.    

The project will result in 2.7-acre area of subtidal, intertidal, and riparian habitat that will improve existing degraded habitat in this industrially zoned but ecologically important area.  

See project summary above and application materials, including Biological Assessment (2019), for more details.  

WAC 173-27-160 Criteria Responses  

(1) Uses which are classified or set forth in the applicable 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;   The proposal is consistent with RCW 90.58.20 and the master program, as addressed above and in the project application material.     (b) That the proposed use will not interfere with the normal public use of public shorelines;   The proposed project is located at a site that precludes public access, as this is a private industrial site. The proposed use will not interfere with normal public use of the 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 comprehensive plan and shoreline master program;   Due to the industrialization of the Lower Duwamish River, off-channel habitats used by juvenile salmonids, birds, and other estuarine species have been largely eliminated, which results in limited spring/summer off-channel rearing habitat and limited high-flow refuge. This project proposes habitat restoration along the Lower Duwamish Waterway, recognizing the industrial zoning but nonetheless highlighting the importance of habitat alongside these uses. The Vigor NRD settlement has been designed to increase the area and functions value of habitat for salmonids and other resource species in this industrialized zone and is compatible with the plans and the overarching agenda of the City of Seattle and resource agencies, to provide habitat opportunities along the shoreline, particularly this shoreline that serves as a primary migration corridor for several Endangered Species Act-listed salmonids.   The habitat area created as part of the proposed project would serve as a refuge between existing intertidal habitat along the West Waterway of the Duwamish and would provide important habitat diversity, be unique within this industrialized reach, and support important ecosystem processes. The proposed project would serve an important function for salmonid species, would act as a migration corridor and final refuge between up-river spawning habitats and the relatively unprotected Elliott Bay estuary, and would be important relative to juvenile salmonid equilibration from fresh to salt water. The habitat area would be protected in perpetuity for conservation, and use constraints outlined in the NRD Consent Decree would avoid potential conflict with adjacent shipyard operations. The design for earthwork associated with the proposed project would be closely coordinated with DNR and the U.S. Army Corps of Engineers (USACE) to ensure that there are no conflicts with West Waterway navigational use, including the proposed USACE project to deepen the navigation channel of the West Waterway. No compatibility conflicts with waterway navigational uses would occur as a result of the proposed project.   d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and The proposed project would improve shoreline conditions within the project area in the following ways: (1) creation of an approximately 2.7-acre habitat area (requiring dredging of clean sediment for fill), (2) dredging of existing contaminated sediment, (3) removal of up to 5,000 existing creosote-treated piles,  (4) removal of up to 67,000  SF of existing overwater coverage, and (5) stormwater treatment and conveyance improvements to the standards required in the Vigor facility’s NPDES individual permit. The public would not suffer a detrimental effect by the restoration and enhancement of shoreline ecology.   (e) That the public interest suffers no substantial detrimental effect.   The public interest will be served by this project’s multiple benefits to the quality and amount of shoreline habitat in this critical area of the Duwamish Waterway and Elliott Bay as described in this decision and much greater detail in project application materials.   (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 developments 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.   The cumulative effect of approval of other like actions in the area would result in enhanced shoreline ecology throughout an industrial area of the lower Duwamish.   (3) Other uses which are not classified or set forth in the applicable master program may be authorized as conditional uses provided the applicant can demonstrate consistency with the requirements of this section and the requirements for conditional uses contained in the master program.   As provided herein the proposal meets the requirements of this section as well as the requirements for conditional uses in the master program.   (4) Uses which are specifically prohibited by the master program may not be authorized pursuant to either subsection (1) or (2) of this section.   Not applicable.  

Recommendation – Shoreline Conditional Use    

The Director has determined that the proposed shoreline modification meets the conditional use criteria in SMC 23.60A.034 and therefore recommends to Department of Ecology that the shoreline conditional use be approved.    

Special Use Analysis:   According to SMC 23.60A.172, the following proposed shoreline modifications require a Shoreline Special Use analysis (SMC 23.60A.032): The Director may approve or conditional approve a special use if the Director finds that the applicant had demonstrated:  

1) The proposal complies with standards in Section 23.60A.030. See above and in application material.  

2) The proposed use will not interfere with normal public use of public shorelines.   The proposed project, including the three modifications that require special use analysis, are located at a site that precludes public access, as this is a private industrial site. The proposed use will not interfere with normal public use of the public shorelines.  

3) The proposed use of the site and design of the project are compatible with other allowed uses within the area   The design for earthwork associated with the proposed project would be closely coordinated with DNR and the U.S. Army Corps of Engineers (USACE) to ensure that there are no conflicts with West Waterway navigational use, including the proposed USACE project to deepen the navigation channel of the West Waterway. No compatibility conflicts with waterway navigational uses would occur as a result of the proposed project.  These project elements were found to be consistent with applicable development standards in SMC 23.60A, including those for dredging, fill and shoreline stabilization.    

4) The proposed use can achieve no net loss of ecological functions except with the applicant obtains a variance from this requirement under subsection 23.60A.036.C.   Due to the industrialization of the Lower Duwamish River, off-channel habitats used by juvenile salmonids, birds, and other estuarine species have been largely eliminated, which results in limited spring/summer off-channel rearing habitat and limited high-flow refuge. This project proposes habitat restoration along the Lower Duwamish Waterway, recognizing the industrial zoning but nonetheless highlighting the importance of habitat alongside these uses. The Vigor NRD settlement has been designed to increase the area and functions value of habitat for salmonids and other resource species in this industrialized zone and is compatible with the plans and the overarching agenda of the City of Seattle and resource agencies, to provide habitat opportunities along the shoreline, particularly this shoreline that serves as a primary migration corridor for several Endangered Species Act-listed salmonids. The habitat area created as part of the proposed project would serve as refuge between existing intertidal habitat along the West Waterway of the Duwamish and would provide important habitat diversity, be unique within this industrialized reach, and support important ecosystem processes. The proposed project would serve an important function for salmonid species, would act as a migration corridor and final refuge between up-river spawning habitats and the relatively unprotected Elliott Bay estuary, and would be important relative to juvenile salmonid equilibration from fresh to salt water. The habitat area would be protected in perpetuity for conservation, and use constraints outlined in the NRD Consent Decree would avoid potential conflict with adjacent shipyard operations   5) The public interest suffers no substantial determinantal effect:     The public interest will be served by this project’s multiple benefits to the quality and amount of shoreline habitat in this critical area of the Duwamish Waterway and Elliott Bay as described in this decision and much greater detail in project application materials. The three modifications that trigger this special use analysis are critical components of this project and its expected benefits.   Special Use Decision   In consideration of the analysis above and after review of the applicant’s responses to these criteria in the project file,  the Director has determined that  the three shoreline modifications that trigger a special use analysis are consistent with special use criteria in SMC 23.60A.032 and are approved.    

SSDP Conclusion  

SMC Section 23.60A.063 provides authority for conditioning of shoreline substantial development permits as necessary to carry out the spirit and purpose of and assure compliance with the Seattle Shoreline Code, Chapter 23.60A, and with RCW 90.58.020 (State policy and legislative findings).  To be consistent with shoreline general development standards for protection of the aquatic environment (SMC 23.60A.152), the project will be required to employ Best Management Practices during construction and installation to protect the shoreline environment.     Thus, as conditioned below, the proposal is consistent with the criteria for a shoreline substantial development permit and may be approved.    

DECISION - SHORELINE SUBSTANTIAL DEVELOPMENT  

The Shoreline Substantial Development Permit is CONDITIONALLY GRANTED subject to the conditions listed at the end of this report.    

ANALYSIS - SEPA  

The initial disclosure of the potential impacts from this project was made in the environmental checklist submitted by the applicant (dated August 1, 2019).  The information in the checklist and the experience of the lead agency with review of similar projects form the basis for this analysis and decision.   The SEPA Overview Policy (SMC 25.05.665D) clarifies the relationship between codes, policies, and environmental review.  Specific policies for each element of the environment, certain neighborhood plans, and other policies explicitly referenced may serve as the basis for exercising substantive SEPA authority.  The Overview Policy states, in part: “where City regulations have been adopted to address an environmental impact, it shall be presumed that such regulations are adequate to achieve sufficient mitigation,” subject to some limitations. Under such limitations/circumstances (SMC 25.05.665D1.1) mitigation can be considered.  Thus, a more detailed discussion of some of the impacts is appropriate.  Short-term and long-term adverse impacts are anticipated from the proposal.   Short-term Impacts .   Construction activities could result in the following adverse impacts: construction dust and storm water runoff, erosion, emissions from construction machinery and vehicles, increased particulate levels, increased noise levels, occasional disruption of adjacent vehicular and pedestrian traffic, a small increase in traffic and parking impacts due to construction related vehicles, and increases in greenhouse gas emissions. Several construction-related impacts are mitigated by existing City codes and ordinances applicable to the project such as: the Stormwater Code (SMC 22.800-808), the Grading Code (SMC 22.170), the Street Use Ordinance (SMC Title 15), the Seattle Building Code, and the Noise Control Ordinance (SMC 25.08). Puget Sound Clean Air Agency regulations require control of fugitive dust to protect air quality. As the proposed construction work and revegetation will take place in Duwamish Waterway, there exists the potential for debris and other deleterious material to enter the water during this proposed work. Best management practices (BMPs) will be employed to decrease the probability of debris or other deleterious material from entering the water during the proposed work, including project specific Temporary Erosion and Sediment Control (TESC) plans.  These BMPs are described in more detail in application material, including the Biological Assessment.  Proper implementation of construction BMPs are a condition of this permit.    

Long-term Impacts Due to the industrialization of the Lower Duwamish River, off-channel habitats used by juvenile salmonids, birds, and other estuarine species have been largely eliminated, which results in limited spring/summer off-channel rearing habitat and limited high-flow refuge. This project proposes habitat restoration along the Lower Duwamish Waterway, recognizing the industrial zoning but nonetheless highlighting the importance of habitat alongside these uses. The Vigor NRD settlement has been designed to increase the area and functions value of habitat for salmonids and other resource species in this industrialized zone and is compatible with the plans and the overarching agenda of the City of Seattle and resource agencies, to provide habitat opportunities along the shoreline, particularly this shoreline that serves as a primary migration corridor for several Endangered Species Act-listed salmonids. The habitat area created as part of the proposed project would serve as refuge between existing intertidal habitat along the West Waterway of the Duwamish and would provide important habitat diversity, be unique within this industrialized reach, and support important ecosystem processes. The proposed project would serve an important function for salmonid species, would act as a migration corridor and final refuge between up-river spawning habitats and the relatively unprotected Elliott Bay estuary, and would be important relative to juvenile salmonid equilibration from fresh to salt water. The habitat area would be protected in perpetuity for conservation, and use constraints outlined in the NRD Consent Decree would avoid potential conflict with adjacent shipyard operations. Due to the improvements to aquatic habitat and water quality that are expected to result from this project and the monitoring and maintenance that will occur as part of the NRD Settlement and Consent Decree, no additional conditions are placed on this project for long-term impacts beyond those listed below to ensure compliance with applicable standards in the City’s shoreline code.   Summary   In conclusion, several effects on the environment may result from the proposed development, however by following the proposed mitigation measures; these effects will not be significant.  The conditions imposed at the end of this report are intended to mitigate specific impacts identified in the foregoing analysis, to control impacts not adequately regulated by codes or ordinances, per adopted City policies.  

Conclusion  

SMC Section 23.60A.063 provides authority for conditioning of shoreline substantial development permits as necessary to carry out the spirit and purpose of and assure compliance with the Seattle Shoreline Code, Chapter 23.60A, and with RCW 90.58.020 (State policy and legislative findings).  To be consistent with shoreline general development standards for protection of the aquatic environment (SMC 23.60A.152), the project will be required to employ Best Management Practices during construction and installation to protect the shoreline environment.     Thus, as conditioned below, the proposal is consistent with the criteria for a shoreline substantial development permit and may be approved.    

DECISION - SHORELINE SUBSTANTIAL DEVELOPMENT  

The Shoreline Substantial Development Permit is CONDITIONALLY GRANTED subject to the conditions listed at the end of this report.    

DECISIONS - SEPA  

The proposed action is approved subject to compliance with the conditions identified below.     CONDITIONS –  SEPA AND SHORELINE   Prior to Building Permit Issuance     1) Applicant shall place on building permit plans Best Management Practices for construction consistent with standards in SMC 23.60A.152 and Biological Assessment (Nov. 2019).   2) Final Consent Decree for this project as discussed in application material shall be signed and approved by all relevant parties.   During Construction   3) Project shall be implemented consistent with appropriate Best Management Practices for protection of water quality and aquatic habitat and applicable standards in SMC 23.60A.152.   For the Life of the Project   4) Habitat restoration area shall be managed consistent with all applicable standards in   SMC 23.60A.152 as well as final Consent Decree.       Ben Perkowski, Land Use Planner      Date: June 4, 2020 Seattle Department of Construction and Inspections     BP:drm   K\Decisions-Signed\3034471-LU.docx

  IMPORTANT INFORMATION FOR ISSUANCE OF YOUR MASTER USE PERMIT  

Master Use Permit Expiration and Issuance     The appealable land use decision on your Master Use Permit (MUP) application has now been published.  At the conclusion of the appeal period, your permit will be considered “approved for issuance”.  (If your decision is appealed, your permit will be considered “approved for issuance” on the fourth day following the City Hearing Examiner’s decision.)  Projects requiring a Council land use action shall be considered “approved for issuance” following the Council’s decision.   The “approved for issuance” date marks the beginning of the three-year life of the MUP approval, whether or not there are outstanding corrections to be made or pre-issuance conditions to be met.  The permit must be issued by SDCI within that three years or it will expire and be cancelled (SMC 23-76-028).  (Projects with a shoreline component have a two-year life.  Additional information regarding the effective date of shoreline permits may be found at 23.60.074.)   All outstanding corrections must be made, any pre-issuance conditions met, and all outstanding fees paid before the permit is issued.  You will be notified when your permit has issued.   Questions regarding the issuance and expiration of your permit may be addressed to the Public Resource Center at prc@seattle.gov or to our message line at 206-684-8467.