Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11-15-2017 Agenda
HEARING EXAMINER November 15, 2017 5:30 p.m. City Council Chambers 25 West Main Street I. Case No: SHL17-0003 Applicant: Will Hohman, Raedeke Associates, Inc. on behalf of the City of Auburn Property Owner: City of Auburn Request: Shoreline Conditional Use Permit to allow for site preparation and installation of a 2-inch fiber optic cable and five, 30-foot Class 5 utility poles for the purposes of allowing the fiber optic cable to span the Green River at the location of an existing aerial line crossing. The project will connect fiber optic infrastructure located at the intersection of Auburn Way N and 22nd Street NE to the west and the Auburn Golf Course Club House to the north to provide more redundant and reliable technologic communication service to this city facility. Project Location: The project will utilize existing utility poles and underground conduit in the right-of-way from the intersection of Auburn Way N and 22nd Street NE to Dykstra Park (approximately 2,670 feet). Three new utility poles will be installed along the western boundary of Dykstra Park (King Co. Parcel No. 0721059038) to facilitate the crossing of the Green River to Isaac Evans Park (King Co. Parcel No. 072105HYDR & 0721059032) (Approximately 220 feet) to the north. The fiber optic cable will then be located on existing utility poles in the right-of-way along Green River Rd SE to two new utility poles that will be installed near the Golf Course Maintenance Building (Approximately 1,800 feet) to the north utility poles that will be installed near the Golf Course Maintenance Building (Approximately 1,800 feet) to the north. Parcel Number: 0721059038, 072105HYDR, 0721059032, 0621059007, and 0521059011 Hearing Examiner November 15, 2017 Page 2 II. Case No.: City of Auburn Police Case 17-12325 Appellant: Robert McReynolds 1605 22nd Street N.E. Auburn, WA 98002 Request: Appeal of Potentially Dangerous Dog Designation Agenda Subject Public Hearing on Application No. SHL17–0003 for a Shoreline Conditional Use Permit, Auburn Golf Course Fiber Optic Extension Project Date: November 2, 2017 Department: Community Development & Public Works Department Attachments: Please refer to Exhibit List, below Budget Impact: NA Administrative Recommendation: Hearing Examiner to approve the Shoreline Conditional Use Permit for SHL17-0003, for the Auburn Golf Course Fiber Optic Extension Project based upon the following Findings of Fact, Conclusions and Conditions. OWNER/APPLICANT: Paul Haugan, Director Innovation and Technology Department City of Auburn 1 East Main Street Auburn, WA 98001 AGENT: Will Hohman, PWS Raedeke Associates, Inc. 2111 N Northgate Way, Suite 219 Seattle, WA 98133 REQUEST: Shoreline Conditional Use Permit for site preparation and installation of a 2-inch fiber optic cable and five, 30-foot Class 5 utility poles for the purposes of allowing the fiber optic cable to span the Green River at the location of an existing aerial line crossing. One of the Class 5 utility poles will be installed within the “Shoreline Residential” environment designation. The project will connect fiber optic infrastructure located at the intersection of Auburn Way N and 22nd Street NE to the west and the Auburn Golf Course Club House to the north to provide more redundant and reliable technologic communication service to this city facility. LOCATION: The project will utilize existing utility poles and underground conduit in the right- of-way from the intersection of Auburn Way N and 22nd Street NE to Dykstra Park (approximately 2,670 feet). Three new utility poles will be installed along the western boundary of Dykstra Park (King Co. Parcel No. 0721059038) to facilitate the crossing of the Green River to Isaac Evans Park (King Co. Parcel No. 072105HYDR & 0721059032) (Approximately 220 feet) to the north. The fiber optic cable will then be located on existing utility poles in the right-of-way along Green River Rd SE to two new utility poles that will be installed near the Golf Course Maintenance Building (Approximately 1,800 feet) to the north. EXHIBIT 1 Page 3 of 128 EXISTING ZONING: With the exception of the fiber optic line that will be installed within the 22nd Street NE right-of-way, the project site is located within the “P-1” Public Use Zone. EXISTING COMPREHENSIVE PLAN DESIGNATIONS: Open Space & Institutional SHORELINE ENVIRONMENT DESIGNATIONS: The Dykstra Park portion of the site, located to the southwest of the Green River, is located within the “Shoreline Residential” shoreline environment designation. The Isaac Evans Park portion of the site, located northeast of the Green River, is located within the “Urban Conservancy” shoreline environment designation. SEPA STATUS: A Determination of Non-Significance was issued on October 13, 2017 (File # SEP17-0003). Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing // Referred to Until _// Tabled _ Until // Councilmember: Staff: Dustin Lawrence Meeting Date: November 11, 2017 Item Number: Page 4 of 128 EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Aerial Photograph of Project Vicinity and Riparian Habitat Zone (RHZ) Maps Exhibit 4 Completed Shoreline Conditional Use Permit Application Form, Received September 27, 2017 Exhibit 5 Joint Aquatic Resources Permit Application (JARPA) form, Raedeke Associates, August 16, 2017 Exhibit 6 Surveyed Site Plan, City of Auburn, September 22, 2017 Exhibit 7 Project Description, Milne Electric Technologies Division, April 21, 2017 Exhibit 8 Applicant’s Response to Shoreline CUP Criteria, Raedeke Associates, September 27, 2017 Exhibit 9 Combined Determination of Non-Significance, Notice of Application, and Public Hearing (File No. SEP17-0017), October 13, 2017 Exhibit 10 Completed Environmental Checklist Application, Raedeke Associates, August 23, 2017 Exhibit 11 Wetland Reconnaissance Report, Raedeke Associates, June 30, 2017 Exhibit 12 Affidavit of Posting - Notice of Application Exhibit 13 Affidavit of Mailing - Notice of Application Exhibit 14 Seattle Times Ad Confirmation - Notice of Application FINDINGS OF FACT: Proposal Description 1. Will Hohman, Wetland Ecologist of Raedeke Associates., on behalf of Paul Haugan, Innovation and Technology Department Director, City of Auburn, applied September 27, 2017 for a Shoreline Conditional Use Permit for a project known as: “Auburn Golf Course Fiber Optic Extension Project”. While the overall fiber optic extension project involves work within 22nd Street NE, Green River Road SE, and the Auburn Golf Course (29630 Green River Rd SE), the portion of the project triggering the need for a Shoreline Conditional Use Permit is within Dykstra Park (1533 22nd St NE) (Southwest side of the Green River) and Isaac Evans Park (26927 Green River Rd SE) (Northeast side of the Green River). 2. A Shoreline Conditional Use Permit (SCUP) is requested to extend a fiber optic line from the intersection of Auburn Way North and 22nd Street NE east and northeast to the Auburn Golf Course Club House. The purpose of the Fiber Optic Extension project will be to improve redundancy and reliability of technologic communication services at the City of Auburn Golf Course. 3. A portion of the fiber optic line extension is proposed as an aerial crossing of the Green River, a known Shoreline of the State. While the majority of the work will include affixing the fiber optic line overhead to existing utility poles and routing it through underground conduit within 22nd Street NE and within the Auburn Golf Course, five new poles will need to be installed, one of which will be located within the ‘Shoreline Residential’ environment designation that is within Dykstra Park. Page 8 of 128 4. The portion of the fiber optic line that will cross the Green River will be affixed to an existing aerial utility line crossing (Puget Sound Energy electrical line) all located within a Department of Natural Resources (DNR) utility easement at an elevation of approximately 20 feet above the Green River’s Ordinary High Water Mark. While the fiber optic line will be a new feature added to the existing aerial utility line crossing, the proposal will not result in a new crossing location. 5. The scope of the work for the fiber optic line extension within the shoreline designations is described in a detailed project narrative provided by the Applicant with the Application, as follows (See Exhibit 7). Only Reach Sections 2 and 3 occur within the area of shoreline jurisdiction and thus are repeated, here: Fiber Optic Alignment & Installation Description: Reach Section 2 – 22nd St NE (southwest corner of Dykstra Park property) to existing utility pole approximately 50 feet from southern/southwestern banks of the Green River. “Three 30‐foot‐high Class 5 utility poles approximately 18” in diameter will be installed approximately 80 feet apart oriented north/south along the western property boundary of Dykstra Park. The holes will be augured and cuttings hauled off to an appropriate recycling/disposal facility. 2 of the 3 proposed utility poles will be installed within 200 feet of the Green River’s edge within existing maintained lawn areas in the park. The fiber optic line will continue from the receiving pit and be strung overhead along the proposed utility poles to the existing utility pole located approximately 50 feet southwest of the Green River’s edge (approximately 300 linear feet through Dykstra Park). From the existing utility poles the fiber optic line will begin Reach Section 3 described below. According to City Regulatory Flood maps, all proposed poles will be located outside of the 100‐year floodplain (Exhibit 7, Figure 1). The fiber Optics Line will be strung/hung overhead from existing utility poles in locations where is crosses into mapped floodplain areas.” Reach Section 3 – Utility pole located south southwest of the Green River’s western stream banks across the River to Green River Rd SE. “From the existing utility poles on either side of the Green River, the fiber optic line will be strung approximately 14 feet above the mapped FEMA base flood elevation (20 feet above the surveyed ordinary high‐water mark). Methods to install the fiber optic line across the green river will not require any in‐water work. The fiber optic line will temporally utilize the existing CATV utility line to get the proposed fiber optic line across the river. The fiber optic line will be temporarily attached to the existing CATV line with an internal messenger subduct attached to a roller. A pull rope will be utilized to walk the roller and proposed fiber optic line across the river while attached to the CATV line. The pull rope will be walked across the footbridge adjacent to the utility crossing while keeping tension on the southwest side to keep the messenger subduct and proposed fiber optic line well above the water. It will then be permanently attached to the existing utility pole located east/northeast of the Green River. The fiber optics line will be hung overhead on the existing utility poles all the way to the northeast side of Green Page 9 of 128 River Rd SE (approximately 650 linear feet in length) through Isaac Evans Park…”. 6. According to the applicant, Dykstra Park and Isaac Evans Park will remain open and publicly accessible during the installation of the proposed utility poles and cable crossing. While the westerly portion of Dykstra Park will include installation equipment and contain a small area of restricted access, access to the shoreline currently enjoyed by the public will not be impacted during the project construction. Site Characteristics 7. The project site will occur within the city parks, shoreline environment designations, and special floodplain areas as described: Dykstra Park – 1533 22nd St NE Dykstra Park is a small, 1.78 acre public park with a playground and pedestrian paths with primary access from 22nd Street NE. The Park is located on the southwest side of the River. The site connects to other parks in the surrounding area through various pedestrian paths, one of which crosses the Green River via a pedestrian bridge to Isaac Evans Park. Because the Green River abuts the site, all of the park that is located within 200 feet of the Green River Ordinary High Water Mark is within the ‘Shoreline Residential’ environment designation. Further, the portion of the site that is within 250 feet of the Ordinary High Water Mark is also located within a Riparian Habitat Zone (RPZ), a regulatory floodplain area per Chapter 15.68 ACC, “Flood Hazard Areas”. Isaac Evans Park – 29627 Green River Rd SE Isaac Evans Park is a 8.75 public park located northeast of the Green River. The site includes a pedestrian path and pedestrian bridge crossing the Green River to Dykstra Park. Because the Green River abuts the site to the southeast, all of the park is located within 200 feet of the Green River Ordinary High Water Mark and within the ‘Urban Conservancy’ environment designation. Further, the portion of the site that is within 250 feet of the Ordinary High Water Mark is also located within a Riparian Habitat Zone (RPZ), a regulatory floodplain area per Chapter 15.68 ACC, “Flood Hazard Areas”. 8. Two of the proposed three utility poles to be installed in Dykstra Park will be located within the RPZ, a regulatory floodplain area per Chapter 15.68 ACC, “Flood Hazard Areas”. Due to the construction of a new utility within the RPZ, a Floodplain Development Permit (FDP) Exemption has been applied for and reviewed concurrently with this application (File No. FDP17-0010). 9. In addition to being a Shoreline of the State, the Green River is also classified by the City as regulated “Critical Area” and more specifically as a Class 1 Stream per ACC 16.10.080, “Classification and rating of critical areas”. As outlined in ACC 16.10.090.E.2, “Buffer areas and setbacks”, Class 1 Streams have a minimum 100- foot buffer. In this instance, all work conducted within the Class 1 Stream buffer will be limited to the aerial installation of a fiber optic cable on existing utility poles. Such work is exempt per ACC 16.10.040.4 since it is considered a “minor utility project”. All new utility poles proposed for the project will be installed outside of the 100-foot Class 1 Stream buffer. Page 10 of 128 10.The applicant provided a Wetland Reconnaissance Report, prepared by Raedeke Associates, June 30, 2017, in order to confirm that there are no other critical areas impacting the site, such as wetlands hydraulically associated with the River. The Report concluded that there are no other wetlands or streams impacting the project site. See Exhibit 11 for a copy of the Report. 11.The area within 200 feet of the Ordinary High Water Mark (OHWM) of Dykstra Park along the Green River is within the “Shoreline Residential” designation and thus, is within the jurisdiction of the Auburn Shoreline Master Program (Auburn SMP, Section 4.2.A). Unless otherwise exempt, the construction of new primary utilities within the ‘Shoreline Residential’ designation will require a Shoreline Conditional Use Permit (SCUP). The language of this Section provides: “4.2 Applicability. A.The provisions of this chapter shall apply to all shorelines, shorelands and associated wetland areas covered by the Shoreline Management Act of 1971 as follows: 1.All rivers and streams and their associated wetlands downstream from a point where the mean annual flow is 20 cubic feet per second or greater. 2.All lakes and their associated wetlands which are 20 surface acres in size or larger. 3.Shorelands and associated uplands extending 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with their streams, lakes, and tidal waters subject to the provisions of Chapter 90.58 RCW.” Characteristics of the Surrounding Area 12.The project and adjacent properties are located within the jurisdiction of the City of Auburn. All proposed work will occur within the City right-of-way, on public property, or over waters of the State (Green River). 13.The surrounding areas have Comprehensive Plan designations of: “Single Family”, “Residential Transition” & “Multi-Family”. The surrounding zoning designations include various residential classifications consisting of: “R-5”, “R-7”, “R-10”, “R-20” Residential, and “RMHC” Residential Manufactured/Mobile Home Community. 14.The existing land use surrounding the site include a mix of single-family residential, multi-family, and a mobile home park. 15.The general area involving the installation of the new poles and crossing over the Green River is a public park with lawn grass, pedestrian paths, and recreation facilities. A pedestrian bridge crosses over the Green River, which connects both Dykstra Park and Isaac Evans Park. The Auburn Golf Course, located to the north of the Green River, is a Page 11 of 128 200-acre public golf course with 18 holes, club house, and maintenance facility. While there are known special flood hazard areas, stream buffers, and wetlands present throughout the project site, no such critical areas are located near the installation of the five new utility poles (3 within Dykstra Park, 2 near the golf course maintenance building) per the Wetland Reconnaissance Report, Raedeke Associates, June 30, 2017. See Exhibit 11. Shoreline Management Program 16. The City of Auburn uses its 2009 City of Auburn Shoreline Master Program (SMP) to regulate development and management of the City’s shoreline. The document is available at: http://www.ecy.wa.gov/programs/sea/sma/download/pdf/auburn smp may09.pdf Under the Shoreline Management Act, all development occurring within the shoreline jurisdiction area must be consistent with policies and regulations of the local Shoreline Management Program (SMP), as well as with the policies of the State Shoreline Management Act. 17. Because the project requires a Shoreline Conditional Use Permit, the Project must be found consistent with the criteria established in WAC 173-27-160 and ACC 16.08.054. 18. The City’s rules and procedures for shoreline permits are contained in ACC Chapter 16.08; more specifically Sections 16.08.030 through 16.08.140. The Chapter provides the following general purpose and intent: “16.08.010 Chapter purpose and intent. It is the intention of the city council that the provisions of this chapter will promulgate and adopt a program for the administration and enforcement of a permit system that shall implement by reference the State Shoreline Management Act of 1971, Chapter 90.58 RCW; the State Department of Ecology regulations and guidelines adopted as Chapters 173-26 and 173-27 WAC; the Auburn shoreline master program attached to the ordinance codified in this chapter, together with amendments and/or additions thereto, and to provide for the implementation of the policy and standards as set forth in the aforesaid laws and regulations which are by reference made a part of this chapter with the force and effect as though set out in full in this chapter.” 19. Pursuant ACC 16.08.080, the Hearing Examiner shall hold at least one public hearing on the Shoreline Conditional Use Permit in accordance with the following: “16.08.080 Application – Hearing – Required. A. The hearing examiner shall hold at least one public hearing on each application for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance on shorelines within the city. The public hearing shall be held not less than 30 days following the final publication of the notice required by ACC 16.08.050. Page 12 of 128 B. The notice and conduct of the public hearing shall be in accordance with Chapter 2.46 ACC.” 20. The City’s rules provide the following requirements for public notice: “16.08.050 Application – Notices. The director shall give notice of the application in accordance with the applicable provisions of ACC 14.07.040, no less than 30 days prior to permit issuance. The notices shall include a statement that any person desiring to present his view to the director with regard to the application may do so in writing to the director, and any person interested in the hearing examiner's action on an application for a permit may submit his views or notify the director of his interest within 30 days of the last date of publication of the notice. Such notification or submission of views to the director shall entitle said persons to a copy of the action taken on the application.” Public Notice, Comments and Procedures 21. The City issued a combined Determination of Non-Significance (DNS), Notice of Application (NOA) and Notice of Public Hearing (NOH) on October 13, 2017 with an associated 15-day comment period (File # SHL17-0003 & SEP17-0017). The notice was mailed to property owners with 300 feet of the project site, published in the newspaper and posted on site (See Exhibits). The notice was provided 30 days prior to the hearing date as required by ACC 16.08.050, “Application – Notices”. No public comments have been received in response to the notice as of the writing of this Report. 22. The contents of the case file for this project (SHL17–0003 & SEP17-0017) are hereby incorporated by reference and made part of the record of this hearing. 23. The decision on SCUP shall be final with the Hearing Examiner and subject to the Washington State Dept. of Ecology review period as required by the following code section: “ACC 16.08.140 Grant or denial decision – Notifications. The director shall notify the following persons in writing of the hearing examiner’s final approval, disapproval or conditional approval of a substantial development permit, shoreline conditional use permit, or shoreline variance application within eight days of its final decision: A. The applicant; B. The State Department of Ecology; C. The State Attorney General; D. Any person who has submitted to the director written comments on the application; E. Any person who has written the director requesting notification. ACC 16.08.150 Development commencement time. Development pursuant to a substantial development permit shall not begin and shall not be authorized until 21 days from the date the director files the approved substantial development permit with the State Department of Ecology and Page 13 of 128 Attorney General, or until all review proceedings initiated within 21 days of the date of such filing have been terminated.” CONCLUSIONS: Staff concludes that a Shoreline Conditional Use Permit should be approved in that the project and use are consistent with the “Shoreline Residential“ and “Urban Conservancy” environment designations, as well as with the approval criteria for the Shoreline Conditional Use Permit. What follows is the criteria for decision-making provided in italics, followed by an analysis by staff of the project’s consistency with the criteria (in bold). 1. The City code provides the following review criteria for Shoreline Conditional Use Permits: “16.08.054 Application – Shoreline conditional use permit – Review criteria. A. Pursuant to WAC 173-27-210, the criteria below shall constitute the minimum criteria for review and approval of a shoreline conditional use permit. Uses classified as conditional uses, and not uses prohibited by the regulations of this SMP, may be authorized; provided, that the applicant can demonstrate all of the following:” “1. That the proposed use will be consistent with the policies of RCW 90.58.020, the policies of this SMP, the City of Auburn comprehensive plan and other applicable plans, programs and/or regulations; The project is found to be consistent with policies and provisions of both the Shoreline Management Act and the local SMP. The application has demonstrated compliance with the applicable requirements of the City’s Shoreline Master Program. The new utility is a conditionally permitted use within the “Shoreline Residential” and “Urban Conservancy” environment designations. 2. That the proposed use will not interfere with the normal public use or access to public shorelines; The project will not adversely affect the scenic quality of the shoreline environment since the majority of the work will involve the installation of a fiber optic line on existing overhead poles and underground conduit. While one new utility pole will be installed within the “Residential Shoreline” environment designation, the utility pole will be limited to 30 feet in height. With the exception of the soil and groundcover area directly beneath the proposed pole, no vegetation disturbance is proposed within the shoreline areas. 3. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; The project involves the extension of a utility that will mostly share utility poles and conduit with existing utilities. Such use is compatible with the surrounding area. 4. That the proposed use will cause no unreasonably adverse effects to the shoreline, will not result in a net loss of ecological functions, and will not be incompatible with the environment designation or zoning classification in which it is to be located; Page 14 of 128 No net loss in ecological function is anticipated from the project. No in-water work is proposed. All vegetation that will be removed to accommodate the new pole within the shoreline will be very minimal. 5. That the public interest suffers no substantial detrimental effect; It is not anticipated that the public interest will suffer a detrimental effect. Public access to the shoreline will remain, visual impacts will be minimal, and no adverse ecological impacts are anticipated. 6. That the proposed use is in the best interest of the public health, safety, morals or welfare; and The proposal involves communication improvements to the City of Auburn Golf Course, these facilities are available for public use. The fiber optic extension route was chosen based on it having a minimal impact to the community. The proposal is in the best interest of the public health, safety, morals, and welfare. 7. That consideration of cumulative impacts resultant from the proposed use has occurred and has demonstrated that no substantial cumulative impacts are anticipated, consistent with WAC 173-27-160(4). Nothing in the record indicates that any substantial cumulative impacts would occur. While the proposal involves installation of a fiber optic line with an existing aerial power line crossing, no in-water work is proposed. B. The director may attach conditions to the approval of permits as necessary to assure consistency of the proposal with the above criteria. C. The decision of the hearing examiner shall be the final decision of the city. The Department of Ecology shall be the final authority authorizing a shoreline conditional use permit consistent with WAC 173-27-200.” 2. The Shoreline Management rules (WAC 173-27-140) set forth the following two criteria for all developments within the shoreline jurisdiction. “(A) No authorization to undertake use or development on shorelines of the state shall be granted by the local government unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the master program.” “(B) No permit shall be issued for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the same and then only when overriding considerations of the public interest will be served.” The proposed project is consistent with the Shoreline Management Act and the City’s Shoreline Management Program (SMP). The City's program identifies the project area to be the “Shoreline Residential” and “Urban Conservancy” shoreline environment designations. Sections 3.2.1 and 3.3.1, Pages 3-1 and 3-2 of the SMP describes the purpose of each the shoreline environment designations as: “Shoreline Residential The purpose of the “Shoreline Residential” environment is to accommodate residential Page 15 of 128 development and appurtenant structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses.” “Urban Conservancy The purpose of the “Urban Conservancy” environment is to protect and restore ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses consistent with the Comprehensive Plan.” The project will be consistent with each designation by allowing a new utility extension to serve a Public Golf Course that will have minimal impact on the surrounding properties. Public access to the shorelines will not be impacted. While there may be a slight visual impact due to the construction of one utility pole within the “Shoreline Residential” designation, such impact will be minimal due to the presence of vegetation and trees along the western edge of Dykstra Park. 3. Section 3.2.3 of the SMP (Pages 3-1 and 3-2) provides the following related Management Policies applicable to the “Shoreline Residential” environmental designation that apply to the west side of the River: “1. Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to maintain no net loss of shoreline ecological functions. Proposed projects should be reviewed for consistency with the no net loss policy, taking into account 1) the environmental limitations and sensitivity of the shoreline area, 2) proposed mitigation for anticipated impacts, 3) the level of infrastructure and services available, and 4) other comprehensive planning considerations.” “2. Multifamily and multi-lot residential and recreational developments should provide public access and joint use for community recreational facilities where appropriate. 3. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development.” “3. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development.” The proposed project is consistent with the Management Policies of the “Shoreline Residential” Environment. The project will not change the nature of existing uses in the project site. The function of the public and private roadways and landscape areas will not change. The project itself includes limited utility improvements to meet the communication and technology needs of the Auburn Golf Course. 4. Section 3.3.3 of the SMP (Page 3-2) provides the following related Management Policies applicable to the “Urban Conservancy” environment designation that apply to the east side of the River: “1. Primary allowed uses and their associated development standards should preserve the natural character of the area or promote preservation of open space, floodplain or sensitive lands where they exist in urban and developed settings, either directly or over the long term. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting.” Page 16 of 128 “2. Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within the "urban conservancy" designation. These standards should ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values.” “3. Public access and public recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated.” “4. Water-oriented uses should be given priority over nonwater-oriented uses. For shoreline areas with commercial development or adjacent to commercially navigable waters, water-dependent uses should be given highest priority.” “5. Existing mining and related activities may be an appropriate use within the urban conservancy environment when conducted in a manner consistent with the environment policies and the provisions of WAC 173-26-241 (3)(h) and when located consistent with mineral resource lands designation criteria pursuant to RCW 36.70A.170 and WAC 365- 190-070. No new mining uses or expansion of existing mines should be permitted within the shoreline jurisdiction.” The proposed project is consistent with the Management Policies of the “Urban Conservancy” Environment. The project will not change the nature of existing uses in the project site. The project itself includes limited utility improvements to meet the technology and communication needs of the Auburn Golf Course. 5. The Permitted Use Table of the SMP, Pages 4-19 through 4-24, as a summary of the use regulations, allows conditional uses including “Primary utilities such as transmission facilities and storm water storage and treatment ponds” in the “Shoreline Residential” and “Urban Conservancy” environments . 6. Section 4.7.11 on Page 4-43 the City’s SMP specifically allows for utility uses to be located within the “Shoreline Residential” and “Urban Conservancy” environments. Additionally, the program provides the following policy guidance applicable to utility uses: “Policies 1. Utility facilities should be designed and located to assure no net loss of shoreline ecological functions, preserve the natural landscape and vistas, preserve and protect fish and wildlife habitat, and minimize conflicts with present and planned land and shoreline uses.” “2. Primary utility production and processing facilities, such as power plants, sewage treatment plants, water reclamation plants, or parts of those facilities that are non-water- oriented should not be allowed in shoreline areas.” “3. Utilities should utilize existing transportation and utilities sites, rights-of-way and corridors, whenever possible. Joint use of rights-of-way and corridors should be encouraged.” “4. Transmission facilities for the conveyance of services, such as power lines, cables, and pipelines, shall be located outside of the shoreline area where feasible. Where no other option exists, utilities should be placed underground or alongside or under bridges.” “5. New utilities facilities should be located so as not to require extensive shoreline protection structures.” Page 17 of 128 “6. Where storm water management, conveyance, and discharge facilities are permitted in the shoreline, they should be limited to the minimum size needed to accomplish their purpose and should be sited and designed in a manner that avoids, or mitigates adverse effects to the physical, hydrologic, or ecological functions.” “7. Stormwater conveyance facilities should utilize existing transportation and utility sites, rights-of-way and corridors, whenever possible. Joint use of right-of-way and corridors should be encouraged.” The proposed project is consistent with the SMP policies applicable to utility uses. The proposed project will not result in loss of shoreline ecological functions because it is not altering the ground surface or vegetation. The City’s review and anticipated issuance of a floodplain development permit exemption addresses the project’s consistency with floodplain regulations and habitat consideration of fish species in the River. On a long term basis, the project will not interfere with the utility uses of the vicinity. Consistent with Policy No. 7, the proposed fiber optic line will be located within existing right-of-way and share the aerial crossing that crosses the Green River with existing PSE overhead power lines. The project is not a primary utility production or processing facility (such as a waste water treatment plant). Because of the minimal impact to the shoreline and surrounding area, the existing aerial crossing was chosen for the portion of the fiber optic line that crosses the Green River instead of the pedestrian bridge. This also allowed for the Project to avoid any in water work. Because the Green River bisects the eastern portion of the City, ensuring a fiber optic connection from 22nd St NE to the Auburn Golf Course without a crossing the Green River is unavoidable. 7. The proposed project is consistent with the City of Auburn Comprehensive Plan. Relevant Comprehensive Plan Objectives and Policies – Chapter 5, Capital Facilities (Utilities): “Objective 1.7. To enhance the City’s communications and data infrastructure through installation of City-owned conduit throughout the city.” “Policies: CF-55 The City shall explore new technologies that may provide additional opportunities for the City to use its communications and data infrastructure to enhance its provision of public services.” 8. The proposed project is consistent with or is capable of being consistent with the Municipal Code. 9. The Shoreline Management rules in WAC 173-27-160 set forth the following criteria that must be met for approval of a Shoreline conditional use permit. The project must be consistent with: “That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; That the proposed use will not interfere with the normal public use of public shorelines; Page 18 of 128 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; That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; That the public interest suffers no substantial detrimental effect” As noted above, the proposed project and use complies with the stated policies and procedures of the Act and Rules and, complies with the local Shoreline Master Program. The proposal will not interfere with the normal public use of public shorelines since it will mainly be limited to public right-of-way and on existing overhead utility poles. The project will not result in significant adverse effects to the shoreline environment given the minor nature of the utility pole installation and the minimal dirt and vegetative removal needed for said installation. The public interest will be served by improving utility facilities within a public golf course. The proposed project is consistent with the criteria outlined in WAC 173-27-160. STAFF RECOMMENDATION Based on the application, findings and conclusions of the Staff report, Staff recommends that the Hearing Examiner APPROVE the Shoreline Conditional Use Permit (SHL17-0003) subject to the following conditions: 1. The utility pole installation occurring within the “Shoreline Residential” portion of the project (west side within Dykstra Park) shall generally be consistent with the utility pole installation depicted on the Surveyed Site Plan, City of Auburn, September 22, 2017 (Exhibit No. 6). 2. All necessary easements from the Department of Natural Resources (DNR) shall be obtained and recorded prior to the installation of the portion of the fiber optic cable that crosses the Green River. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. Page 19 of 128 ( ( .,. CITY OF AUBURN Planning & Development Department Auburn City Hall Annex, 2nd Floor SHORELINE CONDITIONAL USE PERMIT APPLICATION 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 permitcenter@auburnwa.gov www.auburnwa.gov SHORELINE CONDITIONAL USE PERMIT -SUBMITTAL CHECKLIST DIGITAL COPIES OF WRITTEN MATERIALS & GRAPHICS 0 Please provide a labeled readable compact disc(s) containing digital versions of all submitted written materials and plans and graphics for use by the City of Auburn during the shoreline review process. Staff will use this information in report preparation and public noticing so please be sure to provide current and accurate information. Written materials should be submitted to be compatible with Microsoft Office desktop software products. Plans and graphics should be submitted in pdf or tif format. APPL/CATION FEES � Make checks payable to the City of Auburn IN/Al All application fees, including, but not limited to: Shoreline Conditional Use Permit, Environmental Review, and Public Notice Board Posting Fees. Some fees will not be invoiced until actual costs are known. Link to current fee schedule can be found @ http://www.auburnwa.gov/communitylaboutlforms.asp WRITTEN MATERIALS -Total of ten (10) copies unless othetwise noted0 A. APPLICATION FORM Provide a completed application form signed by the property owner(s) and/or applicant with the completed Shoreline Conditional Use Permit Application Submittal Checklist. (One original and nine copies).0 B. LETTER OF AUTHORIZATION Provide a letter of authorization to act contained with this application packet inclusive of all required signatures. � C. CONCURRENT APPLICATIONS FORM Identify applications for projects, permits, or any other land use decisions that are being submitted concurrent with the Shoreline Conditional Use application. 0 D. SEPA CHECKLIST. Submit a completed Environmental Checklist together with any supporting documentation, such as a critical areas report, traffic impact analysis, and preliminary storm report, or information to address potential or known environmental impacts resulting from the proposal. If available, also submit a DNS or EIS. 0 E. CRITICAL AREAS REPORT (6 copies, one unbound) addressing compliance ACC 16.1 O (Critical Areas) prepared by a qualified consultant as defined by ACC 16.10.020 as a person who has attained a degree from an accredited college or university in the subject matter necessary to evaluate the critical area in question (e.g., biology, ecology, or horticulture/arboriculture for wetlands, streams, wildlife habitat, and geology and/or civil engineering for geologic hazards, and hydrogeologist for ground water protection areas), and/or who is professionally trained and/or certified or licensed by the State of Washington to practice in the scientific disciplines necessary to identify, evaluate, manage, and mitigate impacts to the critical area in question. 14 Page 23 of 128 ( ( SHORELINE CONDITIONAL USE PERMIT APPLICATION 0 K. JOINT AQUATIC RESOURCE PERMIT APPLICATION (JARPA) FORM completed. 0 L. INTAKE FORM -From WAC 173-27-990, Appendix A -Shoreline Management Act Permit Data Sheet and Transmittal Letter. PLANS & GRAPHICS -Total of ten (10) copies unless otherwise notedD A.SCALE & LEGIBILITY All plans, except architectural elevations, should be to scale (engineering scale) and drawn on maximum 24" x 36" reproducible Mylar or similar paper at a scale no less than 1 "=50'. An index sheet, in above-specified size, is required for multi-sheet submittals. All plans should be folded to fit a legal size file jack. 0 B.VICINITY MAP showing the property's/proposed development or use's relationship to: 1.Roads; 2.Utilities; 3.Existing developmenUuses on adjacent properties; and IBl D D D 4.Proposed disposal site, if development involves removal of soils by dredging or other means. If disposal site is beyond the confines of the vicinity map, then provide a separate map showing the precise location of the disposal site and its distance to the nearest city or town. REFER TO JARPA ATTACHMENT Sf, 6a PRELIMINARY RECORD SITE PLAN: OF SURVEY, AND CRITICAL AREAS REPORT FIGURES 1 & 2 1.North arrow, graphic scale, and date plan was prepared; 2.Boundaries and dimensions of the property; 3.Adjacent streets; 4.Ordinary high water mark of all water bodies adjacent to or within the project's boundaries (approximate location acceptable unless applicable regulations require precise location, in which case biological and hydrological basis for the location should also be included); IBJ 5.Existing and proposed easements and such easements' purposes;D 6.Location and size of all existing and proposed utilities, sewer, storm drainage facilities, water lines, septic tanks and drainfields, and material stockpiles or surcharge, lying within or adjacent to property;D 7.Typical cross section(s) showing existing/proposed ground elevations and existing /proposed building and structure heights;D 8.Location of uses;D 9.Location and dimensions buildings and structures, existing and proposed, with setbacks to property lines;D 10.Location and layout of off-street parking, loading, and unloading areas;D 11.Location and layout of all paved or graveled areas; 16 Page 24 of 128 ( ( PROJECT: Auburn Golf Course Fiber Optic Extension Project APPLICATION: Shoreline Conditional Use Permit Application Package PREPARED: August 16, 2017 SHORELINE SUBSTANSTIAL DEVELOPMENT PERMIT-LETTER OF AUTHORIZATION (3 PAGES) APPLICANT: City of Auburn AGENT: Raedeke Associates, �nc. RAI REF. PROJ. NO. 2016-061-004 Page 25 of 128 Acqvor .! .. """'�:;.!:;·': CITY OF AUBURN.1:X_�]l8:it'N Planning & Development Department SHORELINE CONDITIONAL USE PERMIT APPLICATION )"'"'''.'_,_,,,,,,,., WASH[NGTON Auburn City Hall Annex, 2nd Floor 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 permltcenter@auburnwa.gov www.auburnwa.gov SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT -LETTER OF AUTHORIZATION (A copy of this letter must be submitted for each property owner involved) 1, CITY OF AUBURN of the State of Washington as follows; declare under penalty of perjury under the laws 1.I am the owner of the property that is the subject of the application. 2.I [ ] have not appointed anyone, or [X] have appointed RAEDEKE ASSOCIATES, INC. to act as my agent regarding this application. 3.All statements, answers, and information submitted with this application are true and correct tothe best of my knowledge and belief. 4.I agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person,including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as part of this application. 5.I hereby grant permission for representatives of the City of Auburn and any other Federal, State, or local unit of government with regulatory authority over the project to enter onto my property to inspect the property, take photographs, and post public notices as required in connection with review of this application and for compliance with the terms and conditions of permits and approvals issued for the project. �,,.__....,-. -Sigp-ature @u( 1-k_1.AQ.A rv Pri/ited Name 1 Date KING COUNTY PARCEL NUMBER: 072105-9038 1487 22ND STREET NE, AUBURN, WASHINGTON 98002 Address City and State vChere signed 12 Page 26 of 128 ( ( * ·""'-·*./ CITY OF AUBURN A_l.;JJl�N° Planning & Development Department7"".'. . .,,..�WASHINGTON Auburn City Hall Annex, 2nd Floor 1 East Main Street SHORELINE CONDITIONAL USE PERMIT APPLICATION Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 permltcenter@auburnwa.gov www.auburnwa.gov SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT -LETTER OF AUTHORIZATION (A copy of this letter must be submitted for each property owner involved) 1, _____ C _IT_Y_O_F_A_U_B_U _R _N _______ declare under penalty of perjury under the laws of the State of Washington as follows; 1.I am the owner of the property that is the subject of the application. 2. I [ ] have not appointed anyone, or [X] have appointed RAEDEKE ASSOCIATES, INC. to act as my agent regarding this application. 3.All statements, answers, and information submitted with this application are true and correct to the best of my knowledge and belief. 4.I agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City a� part of this application. 5.I hereby grant permission for representatives of the City of Auburn and any other Federal, State, or local unit of government with regulatory authority over the project to enter onto my property to inspect the property, take photographs, and post public notices as required .in connection with review of this application and for compliance with the terms and conditions of permits and approvals lss �� flgnature ;?AU L JiA:Vl-6' t4 tV Printed Name 6··23- 17 Date City and State where sigined KING CO UNTY PARCEL NUMBER: 072105-9032 ISAAC EVANS PARK LOCATED ALONG GREEN RIVER ROAD SE, AUBURN, WASHINGTON Address 12 Page 27 of 128 ( ( • ,,r Y CITY OF . _,M;f' "{'""'> • �cr:::x:t:l,K r �\:&.; :.�O�N � CITY OF AUBURN Planning & Development Department Auburn City Hall Annex, 2nd Floor SHORELINE CONDITIONAL USE PE RMIT APPLICATION 7"''... . · WASH[NGTON 1 East Main Street Auburn, Washington 98001-4998 Tel: 253,931.3090 Fax: 253.804,3114 permitcenter@auburnwa.gov www.auburnwa.gov SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT -LETTER OF AUTHORIZATION (A copy of this letter must be submitted for each property owner involved) I, CITY OF AUBURN of the State of Washington as follows; declare under penalty of perjury under the laws 1.I am the owner of the property that is the subject of the application. 2. I [ ] have not appointed anyone, or [X] have appointed RAEDEKE ASSOCIATES, INC. to act as my agent regarding this application. 3.All statements, answers, and information submitted with this application are true and correct tothe best of my knowledge and belief. 4. I agree to hold the City of Auburn harmless as to any claim (including costs, expenses andattorney's fees incurred in the investigation of such claim) which may be made by any person,including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of theinformation provided to the City as part of this application. 5.I hereby grant permission for representatives of the City of Auburn and any other Federal, State,or local unit of government with regulatory authority over the project to enter onto my property toinspect the property, take photographs, and post public notices as required in connection with review of this application and for compliance with the terms and conditions of permits and approvalsissued for the project. $'gnature :4:Ju-t-td/fi.ACrA lV Printed Name KING COUNTY PARCEL NUMBER: 062105-9007 29630 GREEN RIVER ROAD SE, AUBURN, WA 98092 Address City and State where signed 12 Page 28 of 128 I WASHINGTON STATE Joint Aquatic Resources Permit Application (JARPA) Form 1,2 [bQ!QJ ( \ r �---------.---------.--- ��--------�I .. . .. ,.I I I I ,1 I. .1 US Army Corps 1 1 of Engineers ; : : Seattle Distrio! 1 1 I I I I I . _. 1 I ", .I : :,·'.,',_c :.,;··· ·: I . .. :�/:"�?�J};:;) _1 USE BLACK OR BLUE INK TO ENTER ANSWERS IN THE WHITE SPACES BELOW. :;',i:i[if�ic�(#<�):·:/ }/ ""·"; '· .,-� · i Part 1-Project Identification :-��:������j}¼��;�i��\���i������i�J��ft��: - � _ , ��-�0 ;: _· ��y�;:;��!:Y�: : '.;�cf ::� . C.,,,,L:2·c<� •.. ,, ,,·-�"·. ·""' c ·, -;.:: �:�;�t��;r1�Jt?X4i\f\�,�;iit:,:??)�;:;f:i\�-: �>i�t!l /?\!.�t�{��\?�i;: _ /?tI:: ':J:1J�tbj�bt}-IpJy;(;··�1f�;J1r}�'&tW�if1lttijff��9f�Yi�t�.}�.��W1J�}��ithil9°tk?N����1Wf�rie6�J;,;�ffRt)'.'{�'f�r.- , . Auburn Golf Course Fiber Optic Extension Part 2-Applicant The person and/or organization responsible for the project. lbfilQl (253)288-3160 phaugan@aubumwa.gov 1 Additional forms may be reqllired for the following permits: • If yollr project may qllallfy for Department of the Army allthorization through a Regional General Permit (RGP), contact the U.S. Army Corps ofEngineers for application Information (206) 764-3495. •If your project might affect species listed Linder the Endangered Species Act, yoll will need to fill out a Specific Project Information Form (SPIF) orprepare a Biological Evalllation. Forms can be follnd at http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PermitGuidebook/EndangeredSpecies.aspx. •Not all cities and collnties accept the JARPA for their local Shoreline permits. If yoll need a Shoreline permit, contact the appropriate city or coL1nty government to make sure they accept the JARPA. 2To access an onllne JARPA form with [help] screens, go to http://www.epermitting.wa.gov/site/allas resourcecenter/jarpa larpa form/9984/jarpa form.aspx, For other help, contact the Governor's Office for Reglllatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov. ORIA-16-011 Page 1 of 12 Page 30 of 128 ·Part 3-Authorized Agent or Contact ( Person authorized to represent the applicant about the project. (Note: Authorized agent(s) must sign 11 b of this application.) f.hfilQl (206)525-8122 whohman@raedeke.com Part 4-Property Owner(s) Contact information for people or organizations owning the property(ies) where the project will occur. Consider both upland and aquatic ownership because the upland owners may not own the adjacent aquatic land. [bmQJ � Same as applicant. (Skip to Part 5.) D Repair or maintenance activities on existing rights-of-way or easements. (Skip to Part 5.) D There are multiple upland property owners. Complete the section below and fill out JARPA Attachment A for each additional property owner. � Your project is on Department of Natural Resources (DNR)-managed aquatic lands. If you don't know, contact the DNR at (360) 902-1100 to determine aquatic land ownership. If yes, complete JARPA Attachment E to apply for the Aquatic Use Authorization. ORIA-16-011 Page 2 of 12 Page 31 of 128 ( Part 5-Project Location(s) Identifying information about the property or properties where the project will occur. [hg!Q] D There are multiple project locations (e.g. linear projects). Complete the section below and use JARPA Attachment B for each additional project location. D Private D Federal IZl Publicly owned (state, county, city, special districts like schools, ports, etc.) D Tribal IZl Department of Natural Resources (DNR) -managed aquatic lands (Complete JARPA Attachment E) :i\,.tov./HsHip ,;: \ :;:_ S: , '� ,-,' , . :i . : Refer to JARPA Attachment C ORIA-16-011 Page 3 of 12 Page 32 of 128 ( ( Si. List all wetlands on or adjacent to the project location. rhelol N/A Sj. Ust alLwaterbodie((otherthan wetlands) or, oradjacenttoth�proj�ct r;caHon. fhelof -- - · · ' 'a ,. '-- -· .- -'"•- . so , -• - ·, · Green River ·sk.1$ a.riy p�rfofth� project �rea-within'a 100-year floodRtciin? D Yes � No D Don't know The project alignment lies within an area of mixed residential, parklands, public-rights-of-way, and a public golf course. In the location of the proposed crossing of the Green River, parkland vegetation and shoreline consists of Douglas firs, Cottonwoods, Himalayan blackberry, Oso-berry, Red-alder, and maintained mowed lawn and landscaped areas. The river banks consist of a modified rip-rap lined banks along the southern/western stream banks) and blackberry (along the northern/eastern stream banks). The remainder of the alignment is made up of paved paths, roads, and/or walkways, along with mowed maintained rights of way, landscape ornamental plantings, invasive weeds and nuisance species, and areas of manicured golf course fairway, rough, and out of bounds areas made up of grass and herbaceous species. See answer to 51. The adjacent properties primarily consist of residential single-family homes and city park land. So. -Describe' the st(uctures (�b�v� and belo½' ground) on the-f:froQefty,-fr;icl�pi�-g tllei.r purpci�e(s) a6d currenJ, :· ,., �:, conditio'n. rii�t . c: ;. , __ . \" - , --<· _ < > - :: -_ ,: • :- :�_- � �; \';-,;�,./5�;,;-:_;;,�;;:': ��;�;�·�:,,} �_:c.:,;},:i:' ; :� {'The above ground structures located within the alignment of the project consist of existing utilities and above ground utility poles. The proposed project includes the installation of five new utility poles. ;�,PrPJ�ri�f�[iyi'2:�:�f��ii6§�lt�_nj'tfi¥"b1§!f�ffii§�.W�ftc(thipr?i�ct�1Bs�§8:fi;:��{�#�§[t111�p:;'\�l/cI:f>/}r Refer to Attachment 5p for driving directions from North Bend to Dykstra Park, Seattle to Dykstra Park and from Tacoma to Dykstra Park. The project is generally located in the Puget Sound Energy (PSE) easement adjacent to and west of 1487 22 nd Ave NE (also known as Dykstra Park) and will cross the Green River north of the existing pedestrian bridge through the Isaac Evans Park. Part 6-Project Description •·s,!tsfi�fi}{��rr1��ri��,t��\5;x?ft�T1•••trojectfy$tt•?�f,p'r9vi�{f�rf�e3t�_if]{�� . ?�),�}rnf ,;t:,:{;,;,/\i1;;'t�:j"itiix:;1 '-Refer to Attachment 6a for detailed descriptions of the proposed fiber optics alignment. The western portion of the alignment includes installing the fiber optics line underground from the intersection of Auburn Way N and 22 nd Street NE to the easement adjacent to and west of Dykstra Park. Three utility poles will be installed within the existing easement in Dykstra Park and the fiber optics cable will be hung overhead off of these new poles, added to existing poles on either side of the Green River crossing to Green River Road SE, and travel north along the eastern edge of Green River Road SE. The cable will continue to be hung overhead utilizing existing utility poles to the Auburn Golf Course Maintenance yard. From the maintenance yard, the fiber optics line will be pulled through existing underground conduit and pull boxes to the Auburn Golf Course Club House. ORIA-16-011 Page 4 of 12 Page 33 of 128 ( ( \: 6b/ Describe .the purpose of the projecf'and why you wallt orpe�d 'tc:i · pedopT1 it The project proposes to install a fiber optic line extension to expand the City of Auburn's Information Technologies (IT) capabilities providing more redundant and reliable service. D Commercial D Maintenance D Residential IXI Institutional D Environmental Enhancement 6d. Indicate the major elements of you�·project. (Check all m�?���i;) '[h�lpJ , e; - � ' � ' ' , ' �- -' -, � - D Aquaculture D Culvert D Float D Retaining Wall D Bank Stabilization D Dam /Weir D Floating Home (upland) D Boat House D Dike / Levee I Jetty D Geotechnical Survey D Road D Scientific D Boat Launch D Ditch D Land Clearing Measurement Device D Boat Lift D Dock/ Pier D Marina/ Moorage D Stairs D Bridge D Dredging D Mining D Stormwater facility D Bulkhead D Fence D Outfall Structure D Swimming Pool D Buoy D Ferry Terminal D Piling/Dolphin IZI Utility Line D Channel Modification D Fishway D Raft D Other: !1�;J��,1���1����1;ti�r1�,;��\!���f���������JQ�¥�p�$1��:�?fi§f::::,:� Refer to Attachment 6a for detailed descriptions of the proposed alignment and construction. Start Date: September 2017 End Date: December 2017 D See JARPA Attachment D : 6�(·�air ,.;,�ri<et ·yatue' C>t. th� R��je�r. 1�d�diryg -_m�!e�i-�1�_�ft7:b.or. -�?�hfne ·�ent�T$-�:;fg�:.�-[�'.�10( ', - ,- "," � _ ; . , •• , ' -- , , ,._,,'--;:-,,, --:: '," ! le' -'"', �,. �� -:- J __ -• .:,.-' ... �� : ��� �. ,Greater than $13,000.00 D Yes IZI No D Don't know Part 7-Wetlands: Impacts and Mitigation D Check here if there are wetlands or wetland buffers on or adjacent to the project area. (If there are none, skip to Part 8.) f.b.filQJ ORIA-16-011 Page 5 of 12 Page 34 of 128 ( ( 7a. Descr.ibehow the project has been designed to avoid and minimize adverse impacts to wetlands. [llitlQ) � Not applicable (refer to Attachment ?a) "'-r•,• , .,. C . - ."• D Yes � No D Don't know ·1c/vvi11jhJi5r6i�ct.rfrip,39fw�tia11d t:,titers? fhe101·.···. •_ _.,. .· . ,; �·/ : -·.;· , J �-- ; . • ; _ D Yes � No D Don't know .;·" :;c .::7\):\j• , ·· t , '.· ,L� 7 d� Has}(wetlahd deUneation'fepcirl: oeerl prepared?. rhe1p1 ;;; :· , .. · :' :,: -:.;r·�:: � (_ , · :,:.,_ i-.:::-•. ; ·�� : :.' �,_; : ;_;;:,�:� '� ;: ,::'. .,; '} 1 : , • :-,. '_- ,, ,_ -· '·· :. _.,_ :: • · _· _: . ,· · .'· : . • :�/. lfYes;.submit the report, including data sheets, with the JARPA package.<> • '- � - ·::•� .. ,�,•:•' ,,�C -C,•--:,•,,./ ;, , · •> ';-,, - ,,•, ,� •• \; • ,- ', �.�• -,:, ·, .... _ D Yes � No D Yes � No D Don't know D Yes � No D Don't know 1,{ s'1:JhirhJrize w'h'ai'fhe-tnitig�tion 'pl�h is 'rrieanf to acco�piish: a�d "describe how 'a watersh"�d ·a'R RfO�cn was . ': -:-used to'desigi{ t rfe plarf: (llitlQ] ' ;,:_ " . , - - - , . . - · ; , , �,' ': --:/Cc ;�. '-('"?: � , ·, :: i ,-, � :-:-<::�,., ,,::_ : ' ; : Not Applicable. c��w��!�11::����i�f £!!IEi�����ik�¾\�%!����i,t�l�i��{�!!El�t�]7 t�;��1,:;. Activity (fill, Wetland Wetland Impact Duration Proposed Wetland drain, excavate, Name 1 type and area (sq. of impact3 mitigation mitigation area flood, etc.) rating ft. or type4 (sq. ft. or category2 Acres) acres) N/A N/A N/A N/A N/A N/A N/A 1 If no official name for the wetland exists, create a unique name (such as "Wetland 1 "). The name should be consistent with other project documents, such as a wetland delineation report. 2 Ecology wetland category based on current Western Washington or Eastern Washington Wetland Rating System. Provide the wetland rating forms with the JARPA package. 3 Indicate the days, months or years the wetland will be measurably impacted by the activity. Enter "permanent" if applicable. 4Creation (C), Re-establishment/Rehabilitation (R), Enhancement (E), Preservation (P), Mltlaation Bank/In-lieu fee (B) Page number(s) for similar information in the mitigation plan, if available:-----------------+- ORIA-16-011 Page 6 of 12 Page 35 of 128 ( ( 1i.Foraf1 fillin�factivities iden\ifedirt7h,describe thesource ancrnature ofthe fillrnatedal,tHe a·m6ur:f irl · cub1c'yards that will be used, and how and where itvvill be placed into the wetland. [M!QJ ··• . ••• · Not Applicable. . '.·. ' ': , , .•. , ·>>'· .. ·,:,-,·: : :,: :· :, .... ' >:· .. ·' , ·,,:, ' ' . ' .. , .· . ' ,,· . ;' . ·' . ;,, :/·.', .· '' •/'' .. , '· ' ,7j:F6r au exc�Vc:1Ung'activities identified in 7h,,cjesCribethe. excavation methoa,Jype an,d amounfof rn�teriaI in. :':}co'oi.sVafdiy9�i1vi1if�019Y�1�n"d:wh�r�,tne··maferi�1vJii(b�disp9�!3d::� .,.· .. :; · ·.·,:·)\>/ ·!£>.:/··••�. ., Not Applicable. Part 8-Waterbodies (other than wetlands): Impacts and Mitigation In Part 8, "waterbodies" refers to non-wetland waterbodies. (See Part 7 for information related to wetlands.) [bQ1Q] lg] Check here if there are waterbodies on or adjacent to the project area. (If there are none, skip to Part 9.) 8a. Describ� how the project is d.esigned to ayoic:I and minimize ad�erse impacts to the aq.uatic envlrC>��ent: -�· ' "' ' ' ' , ,-,' ' ',' ' - ' :, ' , ' ' ' , -' ,,· ' --" '" ' D Not applicable The project is designed so that no direct impacts to waterbodies are anticipated. The proposed fiber optics line will be installed across the Green River on existing utility poles. To install the proposed utility line, a worker will manually climb the poles, attach an approximate ¼ inch steel cable with slacking fiber optics line to an existing CATV utility line. The existing CATV utility line is located within the PSE easement just downstream of the pedestrian bridge located between Isaac Evans and Dykstra parks. The temporary¼ inch steel cable will then be utilized to pull the proposed fiber optics line across the river. A worker will manually walk the cable across an existing pedestrian bridge located approximately 50-100 feet upstream of the easement location to attach it to the existing utility pole located on the other side of the river. No in water work is anticipated for this project. The five proposed utility poles will be installed outside of the mapped regulatory floodplain and located outside of any critical areas. Refer to Attachment 6a for figures showing the approximate proposed utility pole locations. However, two of the five poles are proposed to be located within the Ri arian Habitat Zone associated with the Green River. D Yes lg] No D Yes lg] No D Don't know ••••••• Not Applicable. The proposed fiber optic cable will avoid direct impacts to the Green River. Five new utility poles will be installed (3 in Dykstra Park and 2 along the Golf Course Maintenance Yard access driveway). Two of the three poles in Dykstra Park will be installed between approximately 100-200 feet from the edge of the River. �i,��'"liiliitrjl��!l! f :�::iif it!:::::�h�:�•ic@;���"fj$�tifoti�:1�p/J��WW�s1i!j Not Applicable. ORIA·16·011 Page 7 of 12 Page 36 of 128 ( Be. Summarize impact(s)to eachWaterbody in the table below. Activity (clear, Waterbody Impact Duration dredge, fill, pile name1 location2 of impact3 drive, etc.) Overhead utility Green River See Bf.permanent ( Amount of material (cubic yards) to be placed in or removed from waterbody See Bf. Area (sq. ft. or linear ft.) of waterbody directly affected See Bf. 1 If no official name for the waterbody exists, create a unique name ( such as "Stream 1 ") The name should be consistent with other documents provided. 2 Indicate whether the impact will occur in or adjacent to the waterbody. If adjacent, provide the distance between the impact and the waterbody and Indicate whether the impact will occur within the 1 DO-year flood plain. 3 Indicate the davs, months or vears the waterbodv will be measurably impacted bv the work. Enter "permanent" if applicable . . Bf . • F6f ·au.�ct)Jitr��·icJ�11tifi�d :i�r 8�;·di;c;ribe\hci,96lJrt.8' ahd riatiNi ;f.tAe fil(rrjat;rJJT, �M�LA(fi:rifcmgJt· yards) · /,sou Will use; and ho½/antfwh�fe i(will be plaped}iJJtO the W�terl:>ody. (heipf> = . • •• . · •· .•-:-c . . , <"� .-·.• , . ';,; ,--, .• �> , ·C . '· , . ,., • '. . .., . . .. . ".The proposed fiber optic line, at its lowest sag point between the two existing utility poles, will be at approximate elevation 7 4 (NAV D 88 vertical datum). FEMA Firm Panel 1254 of 1725 (Map Number 53033C1254 F) indicates that the Green River's base flood elevation (100-year) is approximately elevation 56' (NGVD 29) which when converted to NAVO 88 is located at approximate elevation 59.57'. Therefore, the proposed fiber optic line will cross the river approximately 14 feet above the rivers base flood elevation. Nothing will be "placed into the waterbody." Based on Survey information provided by the City of Auburn, the approximate elevation of the ordinary high-water mark at the point of crossing is approximately 54 feet. The proposed fiber optic line will be approximately 20 feet above the river's OHWM at its lowest sag point. It will bisect the river in a perpendicular manner spanning the river's ordinary high water mark for approximately 111 feet. A 2-inch cable hovering over the ordinary high-water mark for 111 feet is approximately 18.5 cubic feet (< 1 CY or approximately 20 square feet) of cable above (material placed over waterbody affected) the Green River. Refer to Attachment 8f for survey information provided by the City of Auburn survey department regarding the location that the fiber optics is proposed to cross the Green River. No excavation or dredging is anticipated within the 100-year floodplain or within the plane of ordinary high water for the Green River. Portions of the alignment outside of the floodplain, waters, and located in uplands will be installed via open trench, directional bore, and utilize existing pull boxes and underground conduit. In locations where open trenching and/or direction bore, or utility poles are to be installed, existing on site subsoil will be utilized to compact soils around the utility or pole to bring the site back to pre-construction contour elevations. All remaining excess cuttings from these installation methods will be hauled off site to an appropriate recycling facility or upland site approved by the City of Auburn. Part 9-Additional Information Any additional information you can provide helps the reviewer(s) understand your project. Complete as much of this section as you can. It is ok if you cannot answer a question. :�!-Pr;�ytj:�:h'�Y�:'�1y��'.8Y'�p'r��;a1�1t.n·�11y:'�ay�t����ht\�ig'�:5b1��t�r1ft1i�*rBJ�BC!ti�ttk�;¾;b'§rafy���;;;$ff�;,�;,J,��,"�;; Washington Department of Fish and Wildlife (WDFW) ORIA-16-011 Mr. Larry Fisher, WDFW Area Habitat Biologist 425-313-5683 Larry.Fisher@dfw.wa.gov !if iiii if l!if {,ii� April 17, 2017 (See Attachment 9a email correspondence) Page 8 of 12 Page 37 of 128 ( ( 9b. Are any of the wetlands 6/waterbcdie? identified ioPart7 or Par 8 of thi$JJ\RPAon the Washington Department of Ecology;s 303{d) List? (helpl . . .. . ... . • ; i't y�J, l\�t th� 'p�rarn�tef(s/9�1ol? .... • fr y6u"dt>n't know/us� Waihingt8b b�p�rtrneillt of $tology'if W?ter O�ality Assessmenttools�t'. i.• ,.. htti;>:l/www.ecy.wa.ciov/pi-ograrns/w9/303d/; . . . . D Yes 1Z1 No The Green River Listed as a Class 4A category water Parameter: Temperature Listing ID: 48625 Assessment Unit ID: 17110013002271 Listed as a Category 2 Water Parameter: Dissolved Oxygen Listing ID: 47549 Assessment Unit ID: same as above. D Yes D No IZI Not applicable �,�:t�1�itl�lf ilf !l�r::�!Pj�::,i¥��i!����Ii,��[,����1:'·,lff�J�4��;ri�!�jt;w '�' � ,{', f�{ njore i�fe>r�ati?�; 'g·; ,to: http://�'.�'cy:v.;i.�6v/��6'dra��ise�/sniaflaws ·'rules/ 73-26721 � ··aesiq�ati6ns.htrtll. :,. -. : " 1Z1 Yes D No Name of manual: (including the City of Auburn's Construction Stormwater Pollution Prevention Plan criteria to date) D Yes IZI No ORIA-16-011 Page 9 of 12 Page 38 of 128 ( No known contaminated sediment within the project footprint. 9j. if y�u know what the properl:y was used for inJhe pa'.�t, describcbe31ov,v. (help] Unknown. 9k; Has a cultun:1l_reso�rce (arbhaeological) SUl"\fey been performecont11eproject,a��a,?;.[helpl • . 1fves , 1ua6h it to your JARPA pacl{age. ; - • � D Yes IZl No 91; j\Jame e�ch species listeduna�t-tffeJ�d�"tal. Endangefed Species Act thaf&ccurs"i/i}H� Viyirtit1(ofJf,e •;, . .• . ·praJe,ct '�r�cr§fm1gi-{t9e{�fte�W�;_8{t�f Pr2i:,t>�ed\yart.f.b.silpl: c. -•• _ .. ; it;tt\\·:;/C·i;\f_}t/7\·:-:· ·· Bald Eagle (Ha/iaeetus Jeucocepha/us) -Federal Species of Concern Bull Trout (Sa/velinus ma/ma)-Threatened Chinook (Oncorhunchus tshawytscha)-Threatened Coho (Oncorhunchus kisutch)-Candidate North American Wolverine (Gulo gulo luscus)-Proposed Threatened Marbled Murrelet (Brachyramphus marmoratus)-Threatened St reaked Horned Lark (Eremophila alpestris strigata) -Threatened Yellow-billed Cuckoo (Coccyzus americanus) -Threatened Information taken from U.S. Fish and Wildlife IPaC Information for Planning and Consultation (unofficial preliminary consultation) and the PHS report, Attachments 91 and 9m. No tree removal or in-water work is anticipated to construct this project, so the project is not expected to adversely affect these listed species. See attached PHS report for species located in the project vicinity, Attachment 9m. No tree removal or inwater work is anticipated to construct this project, so the project is not expected to adversely impact these species. Part 10-SEPA Compliance and Permits Use the resources and checklist below to identify the permits you are applying for. •Online Project Questionnaire at http://apps.oria.wa.gov/opas/.•Governor's Office for Regulatory Innovation and Assistance at (800) 917-0043 or help@oria.wa.gov.•For a list of addresses to send your JARPA to, click on agency addresses for completed JARPA. 1 �":E¥���7�;0��1,���9)�1����i�'$1t�&t.g,��J��fil§�!f!9J�;�Vi�;,��:1:25��i�,�tt��t1ft ': D A copy of the SEPA determination or letter of exemption is included with this application. IZl A SEPA determination is pending with Department of Ecology (lead agency). The expected decision date is late summer 2017 . D I am applying for a Fish Habitat Enhancement Exemption. (Check the box below in 10b.) [llitlpl IZl This project is exempt (choose type of exemption below). D Categorical Exemption. Under what section of the SEPA administrative code (WAC) is it exempt? IZl Other: "-F=E"""M"'--A..__ _________________ _ ORIA-16-011 Page 10 of 12 Page 39 of 128 / \ D SEPA is pre-empted by federal law . . 1oll.Jilctic�te•the·perm1t�Y�ufure:�pplyin� for.(che6ka11th�t'�ripiy�)':rne1b1 - : . ' ,. � Local Government Shoreline permits: D Substantial Development IXl Conditional Use D Variance ( D Shoreline Exemption Type (explain): ______________________ _ Other City/County permits: D Floodplain Development Permit IXl Critical Areas Ordinance (Refer to Attachment 7a) Washington Department of Fish and Wildlife: {Refer to Attachment 9a) D Hydraulic Project Approval (HPA) D Fish Habitat Enhancement Exemption -Attach Exemption Form You must submit a check for $150 to Washington Department of Fish and Wildlife, unless your project qualifies for an exemption or alternative payment method below. Do not send cash. Check the appropriate boxes D $150 check enclosed. Check# -----------Attach check made payable to Washington Department of Fish and Wildlife. D My project is exempt from the application fee. (Check appropriate exemption): D All parts of project (except compensatory mitigation) occur landward of Ordinary High Water Line (OWHL). D HPA processing is conducted by applicant funded WDFW staff. Agreement# __________ _ D Mineral prospecting and mining D Project occurs on farm and agricultural land. (Attach a copy of current land use classification recorded with the county auditor, or other proof of current land use) D Project is modification of an existing HPA originally applied for, prior to July 10, 2012. HPA# ----------- Washington Department of Natural Resources: IXl Aquatic Use Authorization Complete JARPA Attachment E and submit a check for $25 payable to the Washington Department of Natural Resources. Do not send cash. Washington Department of Ecology: D Section 401 Water Quality Certification United States Department of the Army permits {U.S. Army Corps of Engineers): D Section 404 (discharges into waters of the U.S.) D Section 10 (work in navigable waters) United States Coast Guard permits: D General Bridge Act Permit D Private Aids to Navigation (for non-bridge projects) ORIA-16-011 Page 11 of 12 Page 40 of 128 ( ( Part 11-Authorizing Signatures Signatures are required before submitting the JARPA package. The JARPA package includes the JARPA form, project plans, photos, etc. [hfilQ] 11 a. Applicant Signature (required) [bmQ) I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities, and I agree to start work only after I have received all necessary permits. I hereby authorize the agent named in Part 3 of this application to act on my behalf in matters related to this application. ____ (initial) By initialing here, I state that I have the authority to grant access to the property. I also give my consent to the permitting agencies entering the property where the roject is located to inspect the project site or any work related to the project. ____ (initial) 11 b. Authorized Agent Signature [llitlQ] I certify that to the best of my knowledge and belief, the information provided in this application is true, complete, and accurate. I also certify that I have the authority to carry out the proposed activities and I agree to start work only after all necessary permits have been issued. Authorized Agent Printed Name Authorizeq Agent Signature Date 11 c. Property Owner Signature (if not applicant) [llitlQJ Not required if project is on existing rights-of-way or easements (provide copy of easement with JARPA). I consent to the permitting agencies entering the property where the project is located to inspect the project site or any work. These inspections shall occur at reasonable times and, if practical, with prior notice to the landowner. Property Owner Printed Name Property Owner Signature Date 18 U.S.C §1001 provides that: Whoever, In any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. If you require this document in another format, contact the Governor's Office for Regulatory Innovation and Assistance (ORIA) at (800) 917-0043. People with hearing loss can call 711 for Washington Relay Service. People with a speech disability can call (877) 833- 6341. ORIA publication number: ORIA-16-011 rev. 03/2017 ORIA-16-011 Page 12 of 12 Page 41 of 128 ----------------------------------�---� . · � �"" ' ·····-�"' ·�... , -·--·---���--�----- - ·---· Au'suRN AUBURN GOLF COURSE FIBER EXTENSION PROJECT WA.SlllNGJON DRAWING PREPARED BY: Milne Electric Technologies Division 14582 172nd Drive SE Suite #1 Monroe, WA 98272 (360) 863-9617 JB TYPE PULL BOX �/v ;;, PLACE 18' OF 2" PVC ,(� _,,,,,r-1 �� <ej L�&$ -�-//'":.":" _J �� ,--1,1 /'"":;::'"·=; I �-+ ( \ •;; "\ I CC:0- \ ·, \ \ \ i \ \ ii .. :-:.'-L_ CLUB HOUSE j (;>ct:. :..:.Q \ \".., /- \ '\----,-\ -r �l 1-···-1 --r/ \ \ll:JI :: �LI -�\ 1�>-{ /-T--!=\\./�(_i.,j \ 'f \ I '\_ L-\ ov,. i----\ \ ' \":: ::"' /--\ \ � \ � i =· \\:�\":"_______.i, 'f;,-&. T , \ ,,,.-'- \ \ ( -�- \ -·· �o-· \, \ \ L :--\ ··s 'y -,< \ ( �\ '� ,\ GREEN RIVER \�t= j-, _ t __ fr----f------r -J�hff [ I r"J � 1�: : 1 1 L� _ j , l I : 11 I I ,, I , LJlJ , L [/;�11 : l, -��-I � )-·-·---,,::,,d;;:11 -,-.:,-·:--.::,,,.., ___ ------:.:-''"::::"' ,,,, ,.,.,.,,, =·-:::::"' ,, • .,,2,::::. • .,,,., -:::"' == ,,,. (-"""-" -v4-"'-'----�J�0� � 1¥Cf �· ]T ·· ·· rTI 111 illlll llW' --. , "- PROVIDED ON JULY 27, 2016 TO RAEDEKE ASSOCIATES INC. REF. PROJ. NO. 2016-061-001 ( , , . . � ---·7 : r· . ------7 : L.' j [ --�----FIGURE 2: MILNE ELECTRIC TECHNOLOGIES DIVISION DRAWING Page 42 of 128 ------------------------------ ---- -,----------·---- - ._., SITE PLAN FOR CITY OF AUBURN PROJECT CPI 714 FIBER OPTIC LINE EXTENSION IN THE NE 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., CITY OF AUBURN, KING COUNTY, WASHlNGTON. LEGEND SURVEYOR'S NOTES " FOUND ENCASED MONUMENT: BRASS DISK "111-1 PUNCH 1) LOCA 110N AND ALJGNMENT OF THE PROPOSED AERIAL FIBER OPTIC LINE ARE FROM EXISTING PS£ POLE #,312236-155872 ON THE SOUTHERLY BANK OF THE GREEN RIVER IN CITY OF AUBURN DYKSTRA PARK TO £XJS11NG PS£ POLE #312269-155891 ON THE NORTriERLY BANK OF 1HE GREEN Rt\lER IN CITY OF AUBURN ISAAC EVANS PARK. I I I I o��/ � -OHU- - ------FO-- � (R1) (M) EX/STING OVERHEAD UTILITY LJNE AND CENTERLJNE OF PROPOSED FlBER OPTIC UN£ £XTENS ON CENTERUNE OF PROPOSED ABER OPTIC LJNE EX1ENSIDN -GUY ANCHOR PLAT OF GREEN RIVER VJUAGE,. DlV.. NO. 5. VOL 96, PGS.. 8-9 MEASLJRm DIMENSION m,s SURVEY SHORELINE DESIGNATIONS SHORWNE RES1Df:N11AL URBAN CONS£RVANCY 1HE PURPOSE OF Trf/S SITE PLAN JS TO DEPICT THE R£1.ATTONSHIP OF mE fXISTING AND PROPOSED UTIU1Y POLES TO 1H£ SrfORELJNE DESiGNA TION AREAS AND DOES NOT REPRESENT A BOUNDARY SUR\IEY 2) PROPOSED POLE LOCATIONS ARE 100' APART BEGINNING FROM PSE GUY POL£ /3122:56-155870 ACCORDING TO D}1(51RA PMK POLE MEASUREMENTS EXHIBIT PROVIDW BY MILNE £LECTRJC INC., DA TED SEF'TEMBER 15, 2Dt7 3) 1H£ PROPOSED AERIAL F1BER 0P71C UNE JS TO BE CONSTRUCTW ON AN £XJSTJNG OVERHEAD UTIUTY UN£ IWTH A MINIMUM CLEARANCE OF 20 ff£T ABOVE THE DELJNEA TED UN£ OF ORDINARY HIGH WAJER. 4) UN£ Of' ORDINARY HIGH WATER DELJNEA.TED BY RAEDEKE ASSDOA1ES, INC ON MAY 18. 2017 AND FJELD LOCATED BY CITY OF AU8URN SUR\IEY ON MAY 24, 2017. 5) APPROXIMAi£ LJNE OF ORDINARY LOW WA1ER FOR D.N.R ADMINISTRATNE" PURPOSES IS BASED ON FIELD ES17MATED OFFSETS FROM TH£ DELJNEATED LJNE OF ORDINARY HIGH WA1ER, " ,,//� .. A/�, I� u »1/ UNEOFORDINARY - ;IL_= -·-:: -- . -�-- -�-'¾. I -·-=-\ IMAY,.2017 %, - e '<>s / FO�SESONL>'.) "-��z � 6) FIELD WORK PERFORMED AND MONUMENTS \!JS/JED IN MAY 2017, 7) 7H/S SURVEY WAS COMPLETED USJ.NG CDNVElfTIDNAL GROUND TRAWJ?S[ METHODS IMTH A lElCA 120D+ TOTAL STATION AND AN .ALJ.£GRO DATA COLJ.£CTOR. FIELD 1RAVERS£ ACCURACY MEETS OR EXCEEDS THOSE PRECiSIDN STANDARDS STATED lN WAC 332-13D-090. B) REFERENCES TO RECORDW DOCUMENTS NOTED ON 1H/S SUR\IEY ARE Al L RECORDS OF KING COUNTY. WASHINGTON. CITY OF AUBURN !SMC EVANS PARK GREEN RNER RD TPN 072105-9032 ·'l ��� '¾u . 1/ //� �/ PSE"E'!!_7 � SCAL.2 1 • 40 FffT l."':"'i 0 20 40 80 UNEO:ag1::v: DEUNEATED MAY,2017 �--fv� �y,.� 0� �(Q) l(j.fj,tt� BASIS OF BEARINGS WASH/NGWN STAIE PLANE COORDlNA1ES, NORTH ZONE. NADB3(91) PER ClTY OF AUBURN SURVEY CON1ROL 7HE MONUMENTED CEN1ERLJNE OF 22ND STREET NE FROM wO� Sf Nf: (COA MON 510-013) TO ·u" ST NE (COA MON 510-023) = N 89"05'03" W MONUMENT COORDINATE TABLE NE CORNER SOUTH 1/2 WM. BRANNON Dt C 1/37 COA MON 510-024-N: 122158.ZS E:; 1298816.95 COA MON 510-013 N: 122140.78 £; 1298671.70 COA: MON 510-023 N: 122151.65 E:. 1297991.89 0:\SURVEY\PR0JECTS\00510-0NR pennit for fiber xing Grn Riv\f. DWG Files il® � CITY OF AUBURN DYKSTRA PARK 1487 22ND ST NE TPN 072105-9038 J �t.J� • / NE����=::� } 5;_ 1 • COA MON 510 024 : 9 '3/ I \ .. '-0..'t- PROPOSED POLE I PROPOSED P(J E � � ���70 /(SEENOTE2ABOVE) / (�NO:�-':'.�FO ' Y -Fo rn*FO I / - FO --FO -___ 71'--:L--,1<--100• --100·-----,I< -�--100' , ---·� -- t //1 ,� l ,s : f1 / l � ID ---- /_ ·o· STRE;;-;,E _j If - [!.l ;i: COAMON I ., 510�13�� "i'"::- � �� il® i\1 II/ N 5'0B'2r W 19 05' (MON TO POLE) �� 13.,,� "' "' " i� (/)I �i "M"STREETNE "'?'-� COAMON � 510-023 25 WEST MAIN STREET AUBURN, WA 98001-4998 (253) 931-3010 CITY OF AUBURN SITE PLAN FOR PROJECT CP1714 PROPOSED FIBER OPTIC LJNE GREEN RIVER CROSSING SHEET 1 OF 1 DATE: SEPT.22,2017 DRAWNBY: TAG CHECKED RRB Page 43 of 128 SITE PLAN FOR CITY OF AUBURN PROJECT CPI 714 FIBER OPTIC LINE EXTENSION IN THE NE 1/4 OF THE NE 1/4 OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M, CITY OF AUBURN, KING COUNTY, WASHINGTON. I /;iv� I I I I Ill CHU-- -----FO-"" (ta) (M) LEGEND FOUND ENCASl:D MONUM£NT: BRASS DISK IW11-I PUNCH EXISTING OVERHEAD unurr LJNE AND CE/1/TERLJNE OF PROPOSED FJBER OPTIC LJNE EXTENSION CENTERLJNE OF PROPOS£0 FIBER OPTIC LINE EXTENSION GUY ANCHOR PLAT OF' GREEN RIW'R WLLAGf', DIV. NO 5. VOL 96, f'GS. 8 9 M£ASURCD OIME:NSION THIS SURVEY SHORELINE DESIGNATIONS SHORELINE RESIDENTIAL URBAN CONS£RVANCY SURVEYOR'S NOTES 1) LOCATION AND AUGNMENT OF THE PROPOSED AERIAL F/Bffi OP11C UNE ARE FROM EXISTING PSE POLE #,312236-165872 ON THE SOUTHERLY BANK OF TH£ GREEN RIVER IN CITY OF AUBURN DYKSTRA PARK TO EXISTING PS£ POLE ;£312269-165891 ON THE'. NORTHERLY BANK OF nlE'. GREEN RJVER IN CITY OF AUBURN rSAAC £VANS PARK. THE PURPOSf DF 1HIS SITE Pt.AN JS TD DEPICT THE RELATIONSHIP OF THE £X/$11NG AND PROPOSED UTILITY POLES TO TH£ SHORELINE DESIGNATION AREAS AND D0£5 NOT REPRESENT A BOUNDARY SUR\IEY 2) PROPOSE:D POL£ LOCATIONS ARE 100' APART BEGNNING FROM PS£ GUY POLE #.312236-16587() ACCORDING TO D)1($1RA PARK POJ.E M£ASUREM£NTS EXH/8/T PROVIDED BY MLNE ELECTRIC /NC., DA TED SEPTEMBER 15, 2017 J) THE PROPOSfD AERIAL F1BER OP11C LJNE JS TO Bl!. CONSTRUCTED ON AN EXISTING OVERHEAD UTILITY UN£ wm-1 A MIN/MUM CLfARANCE OF 2D FEET ABOVE THE Dl!.LINEA TED LINE OF ORDINARY HIGH WA1ER. 4) UNE: OF ORDINARY HIGH WA7ER DWNEATED BY RAEDD<E ASSOCIATES. INC. ON MAY 18, 2017 AND FIELD LOCA TEO BY CITY OF AUBURN SURVEY ON MAY 24, 2017. 5) APPROX/MA TE: LJNE OF" ORDINARY LOW WA TE:R F"OR D.N.R ADUINISmA Tl\!£ PURPOSES JS BASED ON FIELD ES11MA1ED OFFSfTS FROM THE DEL/NEATED LJNE OF ORDINARY HIGH WA1ER. 15) FIELD WORK PERFORMED AND MONUMENTS VIS/JED IN MAY 2017 7) THIS SURVEY WAS COMPL£T£0 USING CONi.-fNTIONAL GROUND "TRAVERSE MF:TODS �TH A !£{CA 1200+ TOTAL STATION AND AN Al.1..EGRO DATA COLlECWR. FIEW TRA\IERSE ACCURACY MEETS OR EXCEEDS THOSE PRt::CfSION STANDARDS STATED IN WAC 332 1.30-090, './/� ..A, o"'�" I . UNE OF ORDlNARY . I I\ __ , -�---. . �--__-··-· , .. ,.,# .; ,-�-=.\ /MAY,2017 OJ.Ju -<_;,.,. / FORPDRSES ONLY) �Oo• / PU \ B) REFERENCES TO R£CORD£D DOCUMENTS NOTED ON THIS SUR\1£Y AR£ ALL RECORDS OF KING COUNTY. WASHINGTON. CITY OF AUBURN !SMC EVANS PARK GREEN RIVER RD TPN 072105-9032 UNE OF ORDINARY HIGHWATER D£UNEATED MAY,. 20l7 o¾u�'¾, .· I_ o¾/J // . �-/� o¾u / . · // � ... :5<) . // � / _,,,., � ... {<:,<?-, ��� /. / CITY OF AUBURN DYKSTRA PARK 1487 22ND ST NE � fiw TPN 072105-9038 / NECORNEROFSOUTHHA1F1/ ;: #_ WM. BRANNON DLC 37 / {;f � COAMON510 024 oa I �� PSE GUY POLE / PROPOSED POLE ( "' 312 36 1.65B70 (SEEIVOTE2A80VE) / �1;:g����OVE) �\ p;��;:----FOy----F0-----)1)1=---FO--�� r�100'-----al�---.0D' � JOO' "'"'-i� ----Al'_-..: SCALE:: 1''=40 FEET � 0 20 40 80 0� il® �(ii) __ , -----� \ /1 l 1 � / ,s : �I / ' I ---/- -- - j "O"STRE;;�E - - _ _j I: -i,l ;;: COAMON I "' -5l0-013 �� 'i'::- � :-=-� :c il® i11 I '; N 508'27' W 1905' (MON TO POLE.) (1)1 �i @.�tt� BASIS OF BEARINGS WASHINGTON STATE PLANE COORDINATES, NORTH ZONE, NADB3(91) PER CJD' OF AUBURN SURVEY CONTROL 7HE MONUMENTED CENTERLINE OF 22ND STREET Nf FROM "o• ST, NE (COA MON 51D 01.3) TO MM" ST NE (GOA MON 510-02.3) = N B9115'03" W MONUMENT COORDINATE TABLE NE CORNER SOUTH 1/2 WM. BRANNON DLC 1137 COA MON 510-024 N: 122158.25 E: 1298816.95 COA MON 510 013 N: 122140 7B E: 129B671.70 GOA! MON 510-023 N: . 122151,65 E: i 1297991.B9 O:\SURVEY\PROJECTS\Q0510-DNR permit for fiber xing Grn Riv\+. DWG Flies 25 WEST MAIN STREET AUBURN, WA 98001-4998 (253) 931-3010 �� 13�� �� " 'M" STREET NE t � COA MON � 510-023 CITY OF AUBURN SITE PLAN FOR PROJECT CP1714 PROPOSED FIBER OPTIC LINE GREEN RIVER CROSSING SHEET 1 OF 1 DATE: SEPT. 22, 2017 DRAWNBY; TAG CHECKED RRB EXHIBIT 6 Page 44 of 128 APPENDIX A – Detailed Project Description Project: Auburn Golf Course Fiber Optic Extension Reviewed and revised by Milne Electric Technologies Division on April 21, 2017 FIBER OPTIC ALIGNMENT & INSTALLATION DESCRIPTION Beginning from Auburn Way North Road to Auburn Golf Course Clubhouse (west to east) Reach Section 1 ‐ Auburn Way North along 22nd St. NE to Dykstra Park An existing fiber optics line will be spliced and connected to the proposed fiber optic line at the southeast corner of Auburn Way N and 22nd Street NE. The fiber optics line will be hung from existing utility poles within the right‐of‐way (ROW) on the south side of 22nd street. This section will extend along 22nd Street NE between Auburn Way N all the way to M Street NE (approximately 1,850 linear feet). Beginning at southwest corner of the intersection of 22nd street NE and M Street NE a sending pit will be dug (approximately 48”L by 24”W by 24”deep in size according to according to Milne Electric Technologies Division) to directional bore and install the fiber optic line in a 2 inch PVC conduit from M Street NE to the southwestern corner of the Dykstra Park property where a receiving pit (approximately 48”L by 24”W by 24”deep in size according to Milne Electric Technologies Division) will be located (approximately 870 linear feet). The receiving pit will be located further than 200 feet from the Green River. A pneumatic bore will be used to push a 2” PVC Schedule 120 pipe along 22nd Street NE. Approximately twenty (20) small bore pits will be hand dug along the conduit pathway during installation of the 2” conduit. After placement of the conduit, all bore pits will be backfilled with native soil and compacted in 12” lifts then finish by re‐installing the removed native sod. From the receiving pit, the fiber optics line will begin Reach Section 2 described below. Reach Section 2 – 22nd St. NE (southwest corner of Dykstra Park property) to existing utility pole approximately 50 feet from southern/southwestern banks of the Green River. Three 30‐foot‐high Class 5 utility poles approximately 18” in diameter will be installed approximately 80 feet apart oriented north/south along the western property boundary of Dykstra Park. The holes will be augured and cuttings hauled off to an appropriate recycling/disposal facility. 2 of the 3 proposed utility poles will be installed within 200 feet of the Green River’s edge within existing maintained lawn areas in the park. The fiber optic line will continue from the receiving pit and be strung overhead along the 3 proposed utility poles to the existing utility pole located approximately 50 feet southwest of the Green River’s edge (approximately 300 linear feet through Dykstra Park). From the existing utility poles the fiber optic line will begin Reach Section 3 described below. According to City Regulatory Flood maps, all proposed poles will be located outside of the 100‐year floodplain (attached Figure 1). The fiber Optics Line will be strung/hung overhead from existing utility poles in locations where is crosses into mapped floodplain areas. Reach Section 3 – Utility pole located south southwest of the Green River’s western stream banks across the River to Green River Rd SE From the existing utility poles on either side of the Green River, the fiber optic line will be strung approximately 14 feet above the mapped FEMA base flood elevation (20 feet above the surveyed ordinary high‐water mark). Methods to install the fiber optic line across the green river will not require any in‐water work. The fiber optic line will temporally utilize the existing CATV utility line to get the proposed fiber optic line across the river. The fiber optic line will be temporarily attached to the existing CATV line with an internal messenger subduct attached to a roller. A pull rope will be utilized to walk the roller and proposed fiber optic line across the river while attached to the CATV line. The pull rope EXHIBIT 7 Page 45 of 128 APPENDIX A – Detailed Project Description Project: Auburn Golf Course Fiber Optic Extension Reviewed and revised by Milne Electric Technologies Division on April 21, 2017 will be walked across the footbridge adjacent to the utility crossing while keeping tension on the southwest side to keep the messenger subduct and proposed fiber optic line well above the water. It will then be permanently attached to the existing utility pole located east/northeast of the Green River. The fiber optics line will be hung overhead on the existing utility poles all the way to the northeast side of Green River Rd SE (approximately 650 linear feet in length) through Isaac Evans Park. Along the east side of Green River Rd and within the existing right of way, the fiber optics line will begin Reach Section 4 described below. Reach Section 4 – Green River Rd SE to Golf Course Maintenance Yard Driveway Along the east side of Green River Rd SE, the proposed fiber optics line will be installed and hung overhead along existing utility poles to the entrance of the Golf Course maintenance yard (approximately 1,600 linear feet). All work during this installation process will be performed from the existing roadway utilizing appropriate traffic controls and utility lifts to reach the overhead lines. Milne Technologies anticipates utilizing a Telsta Bucket Truck and City of Auburn approved traffic controls. In non‐road accessible areas, work will be performed manually by climbing the existing utility poles. Reach Section 5 will begin at the Golf Course Maintenance Yard Driveway described below. Reach Section 5 – Work at the Golf Course Maintenance Yard Driveway Approximately 50 feet east of Green River Rd SE and just north of the Golf Course Maintenance Yard Driveway, a single Class 5 utility pole approximately 30 feet in height and 18 inches in diameter will be installed within an existing landscaped bed and another Class 5 utility pole, same size and height, off of the corner of the large maintenance building. Attached Figure 2 shows a markup from Milne Electric Technologies Division depicting the approximate location of these two poles in relation to the City of Auburn Regulatory Floodplain maps. The fiber optics line will be strung overhead on these proposed poles from the existing utility pole located north of the access drive and east of Green River Rad SE. The fiber optic line will connect to the existing maintenance yard building. From the existing utility pole along Green River Road and north of the driveway, the fiber optic line will also continue north to the Golf Course Club House. Approximately 18‐20 feet of new 2 inch pvc conduit will be installed underground in order to connect the alignment to an existing pull box that is flush with the existing golf course grounds. This install will occur east of Green River Rd SE and will begin Reach Section 6 described below. Reach Section 6 – Golf Course Maintenance Yard along Green River Rd SE to existing Golf Course Club House Through existing pull boxes and 4‐inch conduit, the fiber optic line will be pulled from the Golf Course Maintenance Yard driveway all the way to the existing Clubhouse. The existing flush mounted pull boxes will be dug up and replaced with pull boxes of similar size and mounted flush to the ground. All of the existing conduit and pull boxes are located east of Green River Rd SE and within mowed and maintained golf course grass areas. No digging besides to replace the pull boxes will occur along this section. ATTACHMENTS: Figure 1 – Approximate Proposed Utility Pole Locations near Dykstra Park Figure 2 – Approximate Proposed Utility Pole Locations near Auburn Golf Course Maintenance Yard Page 46 of 128 ( SHORELINE CONDITIONAL USE PERMIT APPLICATION PACKAGE WRITTEN STATEMENT 1.That the proposed use will be consistent with the policies ofRCW 90.58.020, the policies of this SMP, the city of Auburn comprehensive plan and other applicable plans, programs and/or regulations; The project is consistent with these policies. Specifically, it preserves the natural character of the shoreline (by avoiding and minimizing direct impacts) and protects the resources and ecology of the shoreline (again by avoiding and minimizing direct impacts such as protecting all trees and utilizing existing inrastructure rather than installing new). 2.That the proposed use will not interfere with the normal public use or access to public shorelines; The aligmnent is in a location that does not interfere with normal public use (i.e. people can and will be able to access the public parks and existing bridge over the Green which is part of the public shoreline in the vicinity of the project). Refer to the location maps and sketches depicting where the proposed alignment is in relation to park/river access points. None are to be interfered with. 3.That the proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; Much of the proposed alignment is within existing utility easements/rights-of-way making it compatible with previously installed/permitted utilities in the vicinity of the project. Concurrent applications to further ensure permitted use of the proposed utility include a FEMA exemption application, SEP A Checklist, and W ADNR Easement application. With shoreline conditional use approval along with the concurrent applications while also considering future uses, the project wi.11 be consistent with the City of Auburn Comprehensive Plan and Shoreline Master Program to date by utilizing existing infrastructure and utility conidors. 4.That the proposed use will cause no umeasonably adverse effects to the shoreline, will not result in a net loss of ecological functions, and wi.11 not be incompatible with the environment designation or zoning classification in which it is to be located; Refer to response to 1. 5.That the public interest suffers no substantial detrimental effect; No instream structures or in water work is proposed (only overhead). By avoiding this activity, the project gives consideration to the Auburn Shoreline Master Program structural use policies and by locating the alignment within existing utility c01ridors and constructing it as approved by the permitting jurisdictions or relevant agencies, the project should not affect the welfare or well being of the general public and considers ecological functions of the Green River and its regulated shoreline area. Furthermore, construction and permanent materials used will be in accordance with industry safety, hazard, and enviromnental standards at the time of construction. 6.That the proposed use is in the best interest of the public health, safety, morals or welfare; and see 5. 7.That consideration of cumulative impacts resultant from the proposed use has occurred and has demonstrated that no substantial cumulative impacts are anticipated, consistent with WAC 173- 27-160( 4). (perhaps the Applicant wants to confirm this). I don't see how it has not demonstrated no substantial cumulative impacts, but I'm not sure who all will be using the FO line and what it will be used for other than typical communications and improved service? EXHIBIT 8 Page 49 of 128 NOTICE OF APPLICATION (NOA) NOTICE OF PUBLIC HEARING (NOH) and DETERMINATION OF NON-SIGNIFICANCE (DNS) Auburn Golf Course Fiber Optic Extension Project SEP17-0017 / SHL17-0003 / FDP17-0010 The City of Auburn is issuing a Notice of Application (NOA), Notice of Public Hearing (NOH), and Determination of Non-Significance (DNS) for the following described project. The permit applications and listed studies may be reviewed at the Auburn Community Development & Public Works Department at 1 E Main ST, 2nd Floor, Customer Service Center, Auburn, WA 98001. Proposal: Site prep and installation of a 2-inch fiber optic cable and five, 30-foot Class 5 utility poles for the purposes of allowing the fiber optic cable to span the Green River at the location of an existing aerial line crossing. The project will connect fiber optic infrastructure located at the intersection of Auburn Way N and 22nd Street NE to the west and the Auburn Golf Course Club House to the north to provide more redundant and reliable technologic communication service to this city facility. Location: The project will utilize existing utility poles and underground conduit in the right-of-way from the intersection of Auburn Way N and 22nd Street NE to Dykstra Park (approximately 2,670 feet). Three new utility poles will be installed along the western boundary of Dykstra Park (King Co. Parcel No. 0721059038) to facilitate the crossing of the Green River to Isaac Evans Park (King Co. Parcel No. 072105HYDR & 0721059032) (Approximately 220 feet) to the north. The fiber optic cable will then be located on existing utility poles in the right-of-way along Green River Rd SE to two new utility poles that will be installed near the Golf Course Maintenance Building (Approximately 1,800 feet) to the north. Notice of Application: October 13, 2017 Application Complete: October 11, 2017 Permit Application: September 27, 2017 File Nos. SEP17-0017 SHL17-0003 FDP17-0010 Applicant: City of Auburn Innovation and Technology Department 25 West Main Street Auburn, WA 98001 Property Owner: City of Auburn 25 West Main Street Auburn, WA 98001 Studies/Plans Submitted With Application: Application Packet – Includes JARPA, Environmental Checklist, Site Plans, & Critical Area Report These documents are available on the City’s website at: http://www.auburnwa.gov/doing business/community development/planning/public land use notices.htm EXHIBIT 9 Page 50 of 128 Other Permits, Plans, and Approvals Needed: SEPA decision Shoreline Conditional Use Permit (CUP) Floodplain permit exemption (for riparian habitat zone) WA State Dept. of Natural Resources Easement Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works Design and Construction Standards. Lead Agency: City of Auburn The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. Public Comment Period: All persons may comment on this application. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date issued below. Comments must be in writing and submitted by 5:00 pm on October 28, 2017 to the mailing address of 25 W Main ST, Auburn, WA, 98001. Comments may also be provided at the public hearing. Any person wishing to become a party of record, shall include in their comments that they wish to receive notice of any hearings, and request a copy of decisions once made. Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk at 25 West Main Street, Auburn, WA 98001- 4998 within 14 days of the close of the comment period, or by 5:00 p.m. on November 11, 2017. For questions regarding this project, please contact Dustin Lawrence, Senior Planner, at dlawrence@auburnwa.gov or 253-931-3092. Public Hearing: By Hearing Examiner on Shoreline CUP, 5:30 pm, November 15, 2017, City Council Chambers 25, West Main ST, Auburn WA 98001 RESPONSIBLE OFFICIAL: Jeff Tate POSITION/TITLE: Assistant Director, Community Dev. & Public Works Dept. ADDRESS: 25 West Main Street Auburn, Washington 98001 253-931-3090 DATE ISSUED: October 13, 2017 SIGNATURE: Note: This determination does not constitute approval of the proposal. Approval of the proposal can only be made by the legislative or administrative body vested with that authority. The proposal is required to meet all applicable regulations. [Signature on File] Page 51 of 128 CITY OF AUBURN SEPA ENVIRONMENTAL CHECKLIST Planning & Development Department Auburn City Hall Annex, 2nd Floor 1 East Main Street Auburn, Washington 98001-4998 Tel: 253.931.3090 Fax: 253.804.3114 permitcenter@auburnwa.gov www.auburnwa.gov SEPA ENVIRONMENTAL CHECKLIST 1. Name of proposed project, if applicable: Auburn Golf Course Fiber Optic Extension 2. Name of Applicant: Mr. Paul Haugan, City of Auburn Innovation and Technology (IT) Director 3. Address and phone number of applicant and contact Applicant:Agent (if applicable): 25 West Main Street,Will Hohman, Raedeke Associates, Inc. Auburn, WA 98001 2111 N. Northgate Way, Suite 219 (253)288‐3160 Seattle, WA 98133 (206)525‐8122 4. Date checklist prepared: July 26, 2017 5.Agency requesting checklist: City of Auburn 6. Proposed timing or schedule (including phasing, if applicable): Late Summer/Early Fall 2017 7.Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Critical Areas Report, WA Department of Natural Resources Easement Application (aquatic lease), Federal Emergency Management Agency (FEMA) Exemption Application, Shoreline Conditional Use Application. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Unknown (do not know). 10. List any government approvals or permits that will be needed for your proposal, if known. Yes, see 8 (pending under concurrent review). 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You need not repeat those answers on this page. The project proposes to install an approximate 2‐inch fiber optic line and five 30 foot Class 5 utility poles. The extension will cross the Green River and generally run from the intersection of Auburn Way N and 22nd Street NE to the Auburn Golf Course Club House. The utility line will be installed via open trench, directional bore, hung from existing and proposed utility poles and also be fed through existing pull boxes and conduit along various portions of the proposed alignment. EXHIBIT 10 Page 53 of 128 Environmental Checklist (Continued) TO BE COMPLETED BY APPLICANT 2 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project is located between the two project ends described in 11. It is located entirely within King County NE ¼ Section, Section 7, Township 21, ad Range 5. The center of the alignment can be found at approximately 47.327652 latitude, and ‐122.210597 longitude. ENVIRONMENTAL ELEMENTS 1. Earth A. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other. The site is generally flat with gently sloping grades that drain toward the Green River near the center of the proposed alignment. B. What is the steepest slope on the site (approximate percent slope)? The steepest slopes are immediately adjacent to the Green River and where the proposed fiber optic line will cross the river on existing overhead utility poles. The stream bank side slopes are approximately 30% slopes along the western stream banks. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soils are primarily silty clay loam to sandy loam soils. Specifically, United States Department of Agriculture Natural Resources Conservation Service web soil survey maps the majority of the site as Renton silt loam and Urban land complex soil series. D. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. E. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Fill will be use of existing soils and installation of the fiber optic line. Specifically, open cut trenched soils from Auburn Way N to Dykstra Park will be utilized to compact soils back to pre‐construction contour elevations. Proposed sending and receiving directional drill pits will also be backfilled utilizing existing on‐site soils and compacted back to pre‐ construction contour elevations upon completion of the work. The fiber optic line will, generally, be the primary fill along the proposed alignment. Five 30 foot Class 5 utility poles will also be installed as part of the project. The poles will be pre‐drilled prior to installation utilizing an auger slightly larger than the 30 foot utility pole. F. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. There is no tree, shrub, or large woody vegetation clearing anticipated for this project. Soils exposed in open lawn areas or during the installation of proposed utility poles will be hauled off site to an appropriate facility or utilized for compaction around the pole and buried utility line. All exposed soils during the installation are to be stabilized immediately upon completion of construction. G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The project does not propose additional impervious surfaces other than what currently exists. The proposed poles, pull Page 54 of 128 Environmental Checklist (Continued) TO BE COMPLETED BY APPLICANT 3 boxes, and cable although impervious are approximately less than 1% of the overall project footprint. H. Proposed measures to reduce or control erosion, or other impacts to the earth. The contractor will be required to utilize all appropriate erosion and sediment control best management practices during construction at a minimum per the latest City of Auburn Construction Stormwater Pollution Prevention Plan criteria to date. All temporary erosion control measures will be employed for the duration of construction and be removed upon completion of construction, approval of the City of Auburn, and stabilization of site soils/vegetation. 2. Air A. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if know. Exhaust from construction vehicles will be produced during construction. Dust could be generated from the open trench, directional bore, or pull box replacement construction activities. Post construction dust and disturbed areas will be required to be swept up and areas vegetated immediately following disturbance with a native seed blend. Therefore, dust and air quality will improve through improved soil conditions. B. Are there any off-site sources of emissions or odors that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: The completed project will improve air quality. During construction, dust suppression measures will be utilized as needed during dry periods. 3. Water A. Surface 1) Is there any surface water body on or in the immediate vicinity of the site (including year round and seasonal streams, saltwater, lakes, ponds, wetlands): If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The proposed fiber optic line will be hung over the Green River which is a perennial stream and a designated Shoreline of the State. The Green River flows into the Duwamish which flows into the Puget Sound. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes, a portion of the fiber optics line will be hung from existing utility poles and cross over the Green River. The City of Auburn survey department provided an Elevation Exhibit sketch depicting the approximately location and associated elevations of the proposed fiber optic at the location of the crossing. “Q0510 Green River Fiber Optic Line Crossing, Elevation Exhibit Prepared for Raedeke Associates, Inc.” dated 06/07/2014 is attached to this Checklist as Attachment A. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No fill or dredge material is proposed to be placed in or removed from surface water or wetlands with this project. Page 55 of 128 Environmental Checklist (Continued) TO BE COMPLETED BY APPLICANT 4 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Yes, the proposed fiber optic line will be installed over portions of the 100‐year floodplain surrounding the Green River. Attachment B provides a sketch map depicting the approximate location where the fiber optics line will cross over the Federal Emergency Management Agency (FEMA) 100‐year floodplain of the Green River. Note that the proposed pole locations provided by Milne Electric Technologies are oriented outside of the mapped floodplain. Refer to the JARPA Attachment 6a graphics, Figures 1 and 2, depicting the location of proposed poles. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. B. Ground 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. Minor trench dewatering may be required for installation of the underground portions of the fiber optic alignment. Quantity of water removed from the trench, if any, will be that necessary for construction. Once the project is completed, stormwater runoff within the project footprint will function the same as it did prior to construction. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) is (are) expected to serve. Not applicable. C. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Any site excavation will be brought back to pre‐construction contour elevations and the resulting stormwater runoff will remain unchanged after construction. No significant quantity of stormwater runoff will be generated by this project. 2) Could waste materials enter ground or surface waters? If so, generally describe. Fuel and associated equipment used to construct the project provides some risk of contamination. The contractor will be required to follow all appropriate and required spill prevention control and countermeasure plan (SPCC) Plan and appropriate Best Management Practices (BMP). The contractor will employ appropriate BMP’s and associated countermeasures to minimize this risk. No discharge of other waste materials is anticipated to ground or surface water to complete the project. D. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. The contractor will follow all appropriate low impact development methods that include water quality treatment mechanisms to protect surface, ground, and stormwater runoff impacts. Page 56 of 128 Environmental Checklist (Continued) TO BE COMPLETED BY APPLICANT 6 6. Energy and Natural Resources A. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project’s energy needs? Describe whether it will be used for heating, manufacturing, etc. The fiber optic line is utilized to transmit light for communications. Although there is no electric current traveling through the core of the cable some parts of the cable may be able to conduct electricity when electrical currents are introduced. B. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. Environmental Health A. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. The contractor will be required to utilize inert, explosion‐proof permanent construction materials. There are no significant environmental health hazards that would occur as a result of the project. 1) Describe special emergency services that might be required: No special emergency services would be required upon completion of this project other than those services that are already in place. Local emergency services such as fire, ambulance, and police would be utilized as needed during construction of the project. 2) Proposed measures to reduce or control environmental health hazards, if any: Electrical professionals trained in fiber optics safety will be on site during construction. During construction, the contractor will have to wear safety classes and wear appropriate clothing and personal protective equipment typical to fiber optic’s work. 8. Noise A. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None. B. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term construction noise would be generated. However, construction will be limited to hours identified in City of Auburn Code and the project owner. No long‐term noise will be generated after construction is completed. C. Proposed measures to reduce or control noise impact, if any: Noise will be managed by restricting construction hours. No long‐term change is anticipated due to the nature of this project. Page 58 of 128 Environmental Checklist (Continued) TO BE COMPLETED BY APPLICANT 7 9. Land and Shoreline Use A. What is the current use of the site and adjacent properties? The current use of the site is for existing public roads (rights‐of way), city parkland, and a public golf course. Adjacent properties primarily consist of residential homes. B. Has the site been used for agriculture? If so, describe: The site is not known to have been used for agriculture. C. Describe any structures on the site: There are existing utility poles, manholes, utility boxes, sidewalks, roadways along the alignment. No buildings are on site other than the Golf Course Maintenance and Club House buildings that the cable will connect to. D. Will any structures be demolished? If so, what? No. Some existing pull boxes on the Golf Course property may be replaced with new boxes of similar size, however. E. What is the current zoning classification of the site? The park lands are zoned as P1, public use. F. What is the current comprehensive plan designation of the site? None. G. If applicable, what is the current shoreline master program designation of the site? The Green River is designated as a Shoreline of the State. The west bank of the Green River is designated as shoreline residential environment. The east bank of the Green River is designated as urban conservancy environment per the City of Auburn Shoreline Environment Designations map (Source: City of Auburn GIS, 2006; King County GIS, 2006) H. Has any part of the site been classified as an “environmentally sensitive” area? If so, specify: Only the Green River. No other part. I. Approximately how many people would reside or work in the completed project? None. Only those people that passively recreate or travel through the park and roadway corridors. J. Approximately how many people would the completed project displace? None. K. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Not applicable. HOUSING A. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. B. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low- income housing. Not applicable. C. Proposed measures to reduce or control housing impacts, if any: Not applicable. Page 59 of 128 Environmental Checklist (Continued) TO BE COMPLETED BY APPLICANT 8 AESTHETICS A. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The proposed utility poles will be installed 30 feet above existing land surface grade. B. What views in the immediate vicinity would be altered or obstructed? No views are anticipated to be altered or obstructed with the proposed project. C. Proposed measures to reduce or control aesthetic impacts, if any: Any areas disturbed during construction will be re‐vegetated with native and native‐naturalized grass species to maintain or improve aesthetics. LIGHT AND GLARE 1. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. 2. Could light or glare from the finished project be a safety hazard or interfere with views? If the fiber optic line becomes exposed, light transmitted in the cable could cause some light but it is unlikely to produce glare. No ligh or glare hazards are anticipated with this project. 3. What existing off-site sources of light or glare may affect your proposal? None. 4. Proposed measures to reduce or control light and glare impacts, if any: None. RECREATION 1. What designated and informal recreational opportunities are in the immediate vicinity? Dykstra Park and Isaac Evans park provide public access for hiking, walking, jogging, picnicking and many familiar forms of passive recreation. The Auburn Golf Course provides space for recreational golf. The Green River provides passive recreation activities such as fishing, wildlife observation, and other water sports. 2. Would the proposed project displace any existing recreational uses? If so, describe. No. 3. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any: Construction activities will be performed in a manner so that passive recreation is not disrupted in the vicinity of the project. HISTORIC AND CULTURAL PRESERVATION 1. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe: None known. 2. Generally, describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. 3. Proposed measures to reduce or control impacts, if any: No impacts identified. Page 60 of 128 Environmental Checklist (Continued) TO BE COMPLETED BY APPLICANT 9 TRANSPORTATION 1. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The project is located within local streets rights‐of‐way including Auburn Way North, 22nd Street NE, and Green River Road SE. Access for through‐traffic and residents will be maintained during construction. 2. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Portions of Auburn Way North are serviced by public bus transit. 3. How many parking spaces would the completed project have? How many would the project eliminate? None. Not applicable. 4. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private): No. 5. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe: No. 6. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Not applicable. 7. Proposed measures to reduce or control transportation impacts, if any: The contractor will be implementing all appropriate temporary traffic controls, as approved by the City of Auburn, on all portions of the project located alongside roadways to protect pedestrians, wildlife, and people that use these corridors. PUBLIC SERVICES 1. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: No. 2. Proposed measures to reduce or control direct impact on public services, if any: None. UTILITIES 1. Circle utilities currently available at the site: Utilities at the site generally include electricity, water, telephone, and sanitary sewer systems. 2. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed: Existing utilities and services will remain in place and uninterrupted for the duration of construction. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. OWNER/AGENT SIGNATURE: DATE SUBMITTED: Page 61 of 128 Page 62 of 128 Page 63 of 128 Page 64 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 2 within the immediate vicinity. Maps depicting the project location and proposed routing were provided via email by the City (Chris Andersen) on August 30, 2016. One of these maps, specifically the Milne Electric Inc. drawing, is provided as Appendix A. The project site consists of multiple parcels. Specifically, the project involves work within City property, existing easements and roadway rights-of-way in Auburn, Washington. All work west of the Green River will be done in existing easements and rights-of-way. The proposed fiber optic line will cross the Green River within an existing Puget Sound Energy (PSE) easement into City owned Tax Parcel No. 0721059032 (Issac Evans Park) located on the east side of the Green River. It will then be installed within the existing rights-of-way east of Green River Road, onto City owned Tax Parcel No. 0621059007 (Issac Evans Park and portions of the Auburn Golf Course), and City owned Tax Parcel No. 0521059011 (Auburn Golf Course). This places the parcels in a portion of Sections 6 and 7, Township 21 North, Range 5 East, W.M. Parcel maps were retrieved on-line from King County. The attached Figure 1 depicts the approximate location of the easements, ROW, and parcels that the proposed project will occur. The project site is bordered by residential properties, parklands, existing roads and sidewalks, the Green River, and portions of the Auburn Golf Course. Some site photographs are provided in Appendix C of this report. METHODOLOGY Wetlands and streams are protected by federal law as well as by state and local regulations. Federal law (Section 404 of the Clean Water Act) prohibits the discharge of dredged or fill material into “Waters of the United States,” including certain wetlands, without a permit from the U.S. Army Corps of Engineers (COE 2012). The COE makes the final determination whether an area meets the definition of a wetland and whether the wetland is under their jurisdiction. The COE wetland definition was used to determine if any portions of the project area could be classified as wetland. A wetland is defined as an area “inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions” (Federal Register 1986:41251). We based our investigation upon the guidelines of the U. S. Army Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory 1987) and subsequent amendments and clarifications provided by the COE (1991a, 1991b, 1992, 1994), as updated for this area by the regional supplement to the COE wetland delineation manual for the Western Mountains, Valleys, and Coast Region (COE 2010). The COE wetlands manual is required by state law (WAC 173-22-035, as revised) for all local jurisdictions, including King County and City of Auburn, Washington. Page 66 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 3 We based our evaluation of the Stream Ordinary High Water Mark (OHWM) nearest the site on definitions provided under the Washington State Shoreline Management Act of 1971. The Washington State definition for the OHWM is as follows: Ordinary high water line" or "OHWL" means the mark on the shores of all waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in ordinary years, as to mark upon the soil or vegetation a character distinct from that of the abutting upland, provided that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater shall be the line of mean higher high water, and the ordinary high water line adjoining freshwater shall be the elevation of the mean annual flood.”…(RCW 90.58.030(2)(b) and WAC173-22-030(6); WDOE 1994). As outlined in the WDOE (1994) Shoreline Administrators Manual, the general guidelines for determining the OHWM include: (1) a clear vegetation mark; (2) wetland/upland edge; (3) elevation; (4) a combination of changes in vegetation, elevation, and landward limit of drift deposition; (5) soil surface changes from algae or sediment deposition to areas where soils show no sign of depositional processes; and/or (6) soil profile changes from wetter conditions (low chroma, high soil organic matter, and lack of mottling) to drier conditions (higher chroma, less organic matter, or brighter mottles). BACKGROUND REVIEW Prior to our site visit, we reviewed existing background maps and information for the project site from the U.S.D.A. Natural Resource Conservation Service (NRCS 2017) Web Soil Survey, the U.S. Fish and Wildlife (USFWS 2017) National Wetland Inventory (NWI), and King County (2017) iMap in order to assist in our determination of whether wetlands were present within the property or its vicinity. We also reviewed current and historical aerial photographs (Google Earth 2016) to assist in the definition of existing plant communities, drainage patterns, and land use. The USDA NRCS (2017) Web Soil Survey identifies soils in the vicinity of the site as Renton silt loam, Urban land, Puyallup fine sandy loam, and Briscot silt loam in the study area. Renton silt loam, Briscot silt loam is listed as a hydric soil with several minor component hydric inclusions. Although Puyallup find sandy loam soils are not listed as a hydric soil on either the state or national hydric soils list, it may contain the following potential hydric soil inclusions: Briscot, Newberg, Woodinville, and Oridia soils (NRCS 2017; U.S.D.A. Soil Conservation Service 1991, Federal Register 1995). Soil series boundaries or mapping units are mapped from aerial photographs with limited field Page 67 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 4 verification. Thus, the location and extent of boundaries between mapping units may not be accurate for a given parcel of land within the survey area. The USFWS (2017) NWI depicts the Green River as a riverine wetland, but does not show any other wetlands on site. The NWI does identify one palustrine forested/shrub (PFO) wetland located across from the entrance of the Golf Course main club house. It is approximately 300 feet to the east of the project site and located across the Green River. Wetlands shown on the NWI are general in terms of location and extent, as they are determined primarily from aerial photograph interpretation. Thus, the number and extent of existing wetlands within the project area may differ from those marked on an NWI map. The King County (2017) iMap database does not depict any wetlands on or within the vicinity of the project site. The Green River is mapped as a “Class I” stream (shoreline of the state) on King County GIS maps, however. Furthermore, the City of Auburn Regulatory Floodmaps indicate that the proposed alignment will be crossing a Federal Emergency Management Act 100-year Floodplain known as a Special Flood Hazard Area (SFHA) and protected areas known as the floodway, riparian habitat zone (RHZ), and channel migration area (CMA) associated with the Green River (City of Auburn 2015). A detailed summary of the proposed project alignment and anticipated construction means and methods was prepared with the City of Auburn and the anticipated contractor, Milne Electric Inc. (Appendix A). Figure 2 depicts the proposed work to install five 30- foot Class 5 utility poles, replace pull boxes as needed, and to install the fiber optic line. The following summarizes the results and findings of Raedeke Associates Inc.’s site reconnaissance of the project area and immediate vicinity. RESULTS During our April 2, 2017 site visit, we did not identify any wetlands on or within the immediate vicinity of the study area. The project study area consists of active rights-of- way, easements, city parkland, the Green River, and maintained lands associated with the Auburn Golf Course. Portions of the project area are mapped on the City of Auburn Regulatory Floodplain Map within the floodplain of the Green River. Beginning from the intersection of Auburn Way N and 22nd Street NE, the proposed alignment will be installed from west to east within the and along the southern side of the right of way (ROW) of 22nd street NE. This area consists of mowed maintained lawns, landscaped beds, sidewalks, and various utility boxes. The areas north and south of 22nd Street NE, adjacent to the project area, consists of residential homes. At Dykstra Park on 22nd street the alignment is proposed to run south to north through an easement adjacent to and west of Dykstra Park before crossing the Green River. The easement consists of utility poles and electrical boxes, a stand of Douglas fir (Pseudotsuga mensiesii, FACU) and mulched landscape beds. Adjacent to the project area in this vicinity, residential homes exist to Page 68 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 5 the west and Dykstra Park to the east. The alignment is proposed to continue northeast within the existing overhead utility easement across the Green River, through Isaac Evans Park to the eastern side of the ROW for Green River Road SE. The western banks of the Green River consist of rip rap lined slopes intermixed with Himalayan blackberry (Rubus armeniacus, FAC), red alder (Alnus rubra, FAC), big-leaf maple (Acer macrophyllum, FACU). The eastern banks of the Green River, in the location of the proposed crossing, consisted of Himalayan blackberry, oso-berry (Oemleria cerasiformis, FACU), common snowberry (Symphoricarpos albus, FACU), reed canary grass (Phalaris arundinacea, FACW), and Pacific willow (Salix lasiandra, FACW). Isaac Evans Park consists primarily of a forested stand of black cottonwood (Populus balsamifera, FAC) with intermittent douglas fir, big leaf maple, western red cedar (Thuja plicata, FAC) with a mowed understory of lawn grasses and trails. Along the eastern side of Green River Road SE and within the ROW and at the proposed location of the fiber optics alignment, vegetation consisted primarily of reed canary grass, giant horsetail (Equisetum telmateia, FACW), common velvet grass (Holcus lanatus, FAC), buttercup (Ranunculus repens, FAC), common dandelion (Taraxacum officinale, FACU), Himalayan blackberry, lawn daisy (Bellis perennis, FACU) and other mowed grass species. From where the existing overhead utility intersects Green River Road SE from the Green River, the proposed alignment will travel north along existing utility poles located on the eastern side of Green River Road SE. At the maintenance yard access driveway for the Auburn Golf Course, the proposed alignment will service the maintenance buildings located east of the road via two proposed utility poles. The landscape in this area consists of mulched landscape beds and mowed maintained lawn. The topography is generally flat in this location and generally sheds drainage in all directions from the maintenance buildings. From the maintenance access drive, the proposed alignment will continue north along the eastern side of Green River Road SE through existing utility pull boxes and underground conduit located on the golf course property. The fiber optics line will connect with the Auburn Golf Couse Club House at its eastern most project extent. All along the eastern side of Green River Road SE, landscape and landform consisted of drainage swales lacking hydrology and indications of hydric soil conditions. Furthermore, Isaac Evans and Dykstra Parks generally drained toward the Green River by sheetflow while the portion of the project along 22nd Street SE was flat. All portions of the project alignment lacked hydrology and/or hydric soil conditions with the exception of the Green River (observed hydrology). Based on these findings and the results of our background review and field data analysis, no wetlands were encountered within the project alignment. Several sample plots were taken in the vicinity of the proposed alignment and oriented in locations that appeared to be dominated by hydrophytic vegetation. The Green River exhibited signs of, and was flagged for, its ordinary high- water mark for purposes of project planning. Page 69 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 6 Soils on the project site generally consisted of up to 18+ inches of very dark grayish brown (10YR 3/2) and dark yellowish brown (10YR 4/4) silt and sandy loams. Generally, soils encountered consisted of bright surface soils typically not associated with wetland conditions. We did not encounter redoxomorphic soil conditions indicative of wetland soils in any of the soil pits. During our site investigation, we did encounter a primary indicator of wetland hydrology including saturated soils and ponding at the surface located within a low spot in Isaac Evans Park. However, upon further investigation, understanding rainfall totals in the current water year significantly exceed 30-year average (NOAA 2017), and based on recent rain events prior to our field investigation, this area did not exhibit the criteria to be designated as a wetland (i.e. lacked wetland vegetation and/or wetland soils). We also did not encounter saturated soils or a water table within 18 inches of the soil profile, and did not observe any evidence of seasonal inundation or flow patterns on site outside of the ordinary high water marked along the Green River. Thus, these areas lacked positive evidence of wetland soil and/or wetland hydrology. Some roadside drainage swales were observed off-site along the eastern side of Refer to Figure 1 depicting the approximate locations of our sample plots and Appendix B presenting the data collected at each plot that may be utilized to support our findings. Although certain sample plots exhibited positive indications of hydrophytic vegetation (wetland plants) which is a criterion for identifying wetlands, the lack of hydric soils (wetland soils) and wetland hydrology confirms that the site does not contain wetlands. Refer to Appendix B containing our sample plot data sheets for more information on the data collected to make this determination. We also searched specifically for the presence, sign, or habitats of any wildlife species of concern that may occur on the project site or vicinity. In particular, we searched for the presence of large stick-type nests, hollow trees, tree cavities, and pileated woodpecker foraging signs. Large stick nests are built and used by several species of concern, including bald eagles and great blue herons. Tree cavities are created and used by woodpeckers, including species of concern such as the pileated woodpecker, and can provide habitat for a host of bird and mammal species, including species of concern such as purple martins, various cavity-nesting duck species, and various bats. Hollow trees are used as daytime roost for priority species including various bat species, as well as Vaux’s swifts. We did not observe any evidence of nesting within the site or vicinity by hawks, eagles, great blue herons, or other species of concern during our field investigation. Furthermore, the WDFW (2017a) PHS database does not depict a priority species within 500 feet of the project site other than listed fish within the Green River. A mapped nesting and breeding site for eagles is mapped approximately 2,000+ feet southeast of Dykstra Park and along the eastern side of the Green River (WDFW 2017a). We Page 70 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 7 observed standing snags with excavations by woodpecker species within 300 feet of the project alignment within the forested areas of Isaac Evans Park adjacent to the project alignment. We observed signs of current and past foraging activity by pileated woodpeckers and other smaller woodpecker species (likely hairy or downy woodpeckers) but no apparent nest or roost cavities. Since the project does not propose removal of any trees or snags (according to Milne Electric and the City of Auburn), we do not anticipate any impacts to the areas that indicated presence of habitat near the proposed project fiber optic alignment. Although trees are not anticipated to be removed, it will be important during construction to ensure no removal or trimming of trees is executed in order to properly ensure the potential signs of habitat elements are adequately protected during construction. The City and/or contractor shall be responsible for engaging an appropriate wildlife biologist to evaluate any tree removal, prior to removal, to ensure adequacy and compliance with the applicable federal, state, and local laws and regulations. We performed visual observations from the site of off-site conditions and reviewed publicly accessible adjacent areas within the vicinity of the proposed project alignment. Generally, the surrounding area consists of residential properties extending approximately 300 feet beyond the project site boundaries, the golf course property and nearby parklands described earlier in this report. The understory of the forested portions of Isaac Evans Park and Dykstra Park consisted of trails, mowed and maintained lawn areas, parking areas, playground equipment, and mulched maintained landscape beds. The landscape and landform around the Green River consisted of an apparent berm along the eastern side of the river, within Isaac Evans Park, along with larger undulating areas that appear to function as conveyance for larger flood events. Generally, the park grounds on either side of the river observed to be sloped toward the river to allow positive drainage into the river. The residential properties surrounding the proposed alignment were generally flat while the golf course had larger spread out spanning changes in elevation typical to the artful design of golf course areas. Wetlands were not observed within the immediate vicinity of the proposed alignment. The mapped wetland area along the western side of the Green River was not accessible at the time of our site visit. Critical area buffers, if any associated with this mapped feature, would not encroach on the proposed project alignment. REGULATORY CONSIDERATIONS Per City of Auburn (2017a, b, and c) Municipal Code, the minimum buffer for wetlands is 25 feet wide at its narrowest (Category IV) to 200 feet wide at its widest (Category I) and for streams is 25 feet at its narrowest (Class IV Streams) and 100 feet at its widest (Class I Streams). Buffers widths depending on the wetland category and stream class are determined per the code, but may be extended in certain circumstances at the discretion of the assigned director of planning. A “buffer,” per City of Auburn (2017c) Municipal Code as it applies to critical area regulations, means an “a naturally vegetated, undisturbed, enhanced or revegetated zone surrounding a critical area that protects the Page 71 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 8 critical area from adverse impacts to its integrity and value, and is an integral part of the resources’ ecosystem.” Furthermore, Class I streams are “those natural streams identified as ‘shorelines of the state’ under the City of Auburn Shoreline Master Program.” By these definitions and based on the observations made at the time of the site reconnaissance, the Green River is considered a Class I stream requiring a 100-foot critical area buffer. By code, since it is considered as a Class I stream it is also designated as Critical Wildlife Habitat. Work within the Green River shall be avoided, or if needed appropriately permitted prior to construction. Buffer areas are designated to protect the integrity, function, value, and resources of the subject critical area, and/or protect life, property and resources from risks per the City of Auburn (2017a, b, and c) Municipal Code. No work shall occur within these areas without the appropriate approvals and permits for the jurisdictional federal, state, and local authorities and concurrence from the appropriate agencies. Based on the information provided by Milne Electric Inc., the City of Auburn, and the results of our investigations, the proposed project is not anticipated to impact critical areas in a manner requiring mitigation. The City of Auburn has the final authority to determine ratings, buffers, and allowed uses of wetlands and streams, their buffers, and other sensitive areas that are under their jurisdiction. Since the Green River is within the shoreline environment as well as the floodplain, any work within this area or its buffers is regulated and require appropriate approvals and/or permits under the provisions of the City of Auburn Shoreline Master Program and delegated Federal Emergency Management Agency National Flood Insurance Program regulations. Projects taking place on or over state-owned waters also require an authorization from the Washington Department of Natural Resources. Should the proposed project include permanent or temporary work requiring discharge of dredge or fill material into waters of the United States, including certain wetlands and streams, Section 404 of the federal Clean Water Act will require a permit from the Army Corps of Engineers and appropriate State authorizations such as Section 401 Certification and Coastal Zone Consistency. If tree and vegetation removal is required within City of Auburn determined critical areas, wetlands, and/or streams additional federal, state and local permitting may apply. LIMITATIONS We have prepared this report for the exclusive use of the City of Auburn and their consultants. No other person or agency may rely upon the information, analysis, or conclusions contained herein without permission from the City of Auburn. The determination of ecological system classifications, functions, values, and boundaries is an inexact science, and different individuals and agencies may reach different conclusions. With regard to wetlands, the final determination of their boundaries for Page 72 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 9 regulatory purposes is the responsibility of the various agencies that regulate development activities in wetlands. We cannot guarantee the outcome of such agency determinations. Therefore, the conclusions of this report should be reviewed by the appropriate regulatory agencies prior to any detailed site planning or construction activities. We warrant that the work performed conforms to standards generally accepted in our field, and has been prepared substantially in accordance with then-current technical guidelines and criteria. The conclusions of this report represent the results of our analysis of the information provided by the project proponent and their consultants, together with information gathered in the course of the study. No other warranty, expressed or implied, is made. If you have any questions or comments, or wish to discuss this issue further, please contact me at (206) 525-8122 or at whohman@raedeke.com. Respectfully submitted, RAEDEKE ASSOCIATES, INC. Will Hohman, B.S., PWS Wetland Ecologist ATTACHMENTS Figure 1: “Auburn Golf Course Fiber Optic Extension” Approximate Site Location Map, King County, Washington GIS iMap prepared 6/9/2017. Figure 2: Milne Electric Technologies Division Drawing “Auburn Golf Course Fiber Extension Project” Appendix A: Detailed Project Description (Milne Electric Technologies) Appendix B: Sample Plot Data Forms (SP-1, SP-2, SP-3, SP-4, SP-5, SP-6) Appendix C: Site Photographs Page 73 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 10 LITERATURE CITED Auburn, City of. 2015. City of Auburn Regulatory Floodplain Map Printed On: 04/23/2015. Map ID: 4597. Auburn, City of. 2017a. Chapter 16.06. Environmental Review Procedures, Title 16 Environment. Current through Ordinance 6649 and legislation passed April 17, 2017. Available at: http://www.codepublishing.com/WA/Auburn/. Auburn, City of. 2017b. Chapter 16.08. Shoreline Management Administrative and Permitting Procedures, Title 16 Environment. Current through Ordinance 6649 and legislation passed April 17, 2017. Available at: http://www.codepublishing.com/WA/Auburn/. Auburn, City of. 2017c. Chapter 16.10. Critical Areas, Title 16 Environment. Current through Ordinance 6649 and legislation passed April 17, 2017. Available at: http://www.codepublishing.com/WA/Auburn/. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, US Army Engineers Waterways Experiment Station, Vicksburg, Mississippi. 100 pp. Federal Register. 1986. 40 CFR Parts 320 through 330: Regulatory programs of the Corps of Engineers; final rule. Vol. 51. No. 219. pp. 41206-41260, U.S. Government Printing Office, Washington, D.C. Federal Register. 1995. U.S. Department of Agriculture, Soil Conservation Service: Changes in Hydric Soils of the United States. Volume 59, No 133, July 13, 1994. Revised September 15, 1995. Google Earth. 2016. Image for 47.327618N, -122.210617E in Auburn, WA, dated June 27, 2016. © 2016 Google Inc. Accessed April 3, 2017. King County. 2017. iMAP Interactive Mapping Tool. King County GIS Center. https://gismaps.kingcounty.gov/iMap/. Accessed April 3, 2017. National Oceanic and Atmospheric Administration. 2017. NOAA Online Weather Data. National Weather Service Forecast Office, Seattle, WA. Available at: http://w2.weather.gov/climate/xmacis.php?wfo=sew. Accessed June 2017. U.S. Army Corps of Engineers. 1991a. Special notice. Subject: Use of the 1987 wetland delineation manual. U.S. Army Corps of Engineers, Seattle District. August 30, 1991. Page 74 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 11 U.S. Army Corps of Engineers. 1991b. Memorandum. Subject: Questions and answers on the 1987 manual. U.S. Army Corps of Engineers, Washington D.C. October 7, 1991. 7 pp. including cover letter by John P. Studt, Chief, Regulatory Branch. U.S. Army Corps of Engineers. 1992. Memorandum. Subject: Clarification and interpretation of the 1987 methodology. U.S. Army Corps of Engineers, Washington D.C., March 26, 1992. 4 pp. Arthur E. Williams, Major General, U.S.A. Directorate of Civil Works. U.S. Army Corps of Engineers. 1994. Public Notice. Subject: Washington regional guidance on the 1987 wetland delineation manual. May 23, 1994, Seattle District. 8 pp. U.S. Army Corps of Engineers. 2010. Regional supplement to the Corps of Engineers wetland delineation manual: western mountains, valleys, and coast region (Version 2.0). Wakeley, J.S., R.W. Lichvar, and C.V. Noble, eds. May 2010. ERDC/EL TR-10-3. U.S. Army Engineer Research and Development Center, Vicksburg, MS. U.S. Army Corps of Engineers. 2012. Special Public Notice. Final Regional Conditions, 401 Water Quality Conditions, Coastal Zone Management Consistency Responses, for Nationwide Permits for the Seattle District Corps of Engineers for the State of Washington. U.S. Army Corps of Engineers, Seattle District. March 19, 2012. U.S.D.A., Soil Conservation Service. 1991. Hydric soils of the United States: In cooperation with the National Technical Committee for Hydric Soils. U.S.D.A. Miscellaneous Publication Number 1491. U.S.D.A. Natural Resources Conservation Service. 2017. On-line Web Soil Survey. http://websoilsurvey.nrcs.usda.gov. Accessed April 3, 2017. U.S. Fish and Wildlife Service. 2017. National Wetland Inventory, Wetlands Online Mapper. http://wetlandsfws.er.usgs.gov/wtlnds/launch.html. Accessed April 3, 2017. Washington Department of Ecology. 1994. v.1 Shoreline Administrators Manual. Shoreline Management Guidebook, 2nd Ed. Publication No. 93-104a. January 1994. Washington Department of Fish and Wildlife. 2008. Priority habitats and species list. August 2008. Olympia, Washington. 174 pp. http://wdfw.wa.gov/publications/pub.php?id=00165. Page 75 of 128 Auburn Golf Course Fiber Optics Extension Project City of Auburn Department of Community Development and Public Works June 30, 2017 Page 12 Washington Department of Fish and Wildlife. 2017a. PHS on the web. Available at: http://wdfw.wa.gov/mapping/phs/. Accessed April 3, 2017. Washington Department of Fish and Wildlife. 2017b. Species of Concern: Status definitions. Available at: http://wdfw.wa.gov/conservation/endangered/status_definitions.html. Accessed April 3, 2017. Page 76 of 128 FIGURES Page 77 of 128 Figure 1: Approximate Site Location Map Page 78 of 128 Figure 2: Milne Electrical Technologies Division Drawing Page 80 of 128 AFFIDAVIT OF MAILING OF LEGAL NOTICE File No: SHL 17-0003, Shoreline Conditional Use Permit, related environmental checklist application (DNS); SEP17-0017. Applicant: City of Auburn, Innovation and Technology Department, 25 West Main Street, Auburn, WA 98001. Agent: Maggie Gibson, City of Auburn, 25 West Main Street, Auburn, WA 98001. Proposal: Site prep and installation of a 2-inch fiber optic cable and five, 30-foot Class 5 utility poles for the purposes of allowing the fiber optic cable to span the Green River at the location of an existing aerial line crossing. The project will connect fiber optic infrastructure located at the intersection of Auburn Way N and 22nd Street NE to the west and the Auburn Golf Course Club House to the north to provide more redundant and reliable technologic communication service to this city facility. Location: The project will utilize existing utility poles and underground conduit in the right of-way from the intersection of Auburn Way N and 22 nd Street NE to Dykstra Park (approximately 2,670 feet). Three new utility poles will be installed along the western boundary of Dykstra Park (King Co. Parcel No. 0721059038) to facilitate the crossing of the Green River to Isaac Evans Park (King Co. Parcel No. 072105HYDR & 0721059032) (Approximately 220 feet) to the north. The fiber optic cable will then be located on existing utility poles in the right-of-way along Green River Rd SE to two new utility poles that will be installed near the Golf Course Maintenance Building (Approximately 1,800 feet) to the north. Date of Public Hearing: November 15, 2017 I certify that on or before October 13, 2017 did send a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 14.07.040 and 18.66.130, to all property owners located within 300 feet of the affected site. Said Notice was mailed pre-paid stamped through the United States Postal Service at least 30 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Signatur�O Printed name: �(J/7 1,/.v OJ \ vc-v· Title: CJ{fi,&___ ���-j- EXHIBIT 13 Page 83 of 128 APPEAL OF DANGEROUS DOG DESIGNATION Case – 17-12325 EXHIBIT LIST: Exhibit 1 – Notice of Appeal Hearing Exhibit 2 – Auburn Police Report 17-12325 Exhibit 3 – Auburn Police Report 17- 12483 Exhibit 4 – Dangerous Dog Declaration Exhibit 5 – Appellant Information on Dangerous Dog Designation Page 85 of 128 October 19, 2017 DELIVERED BY CERTIFIED AND FIRST CLASS US MAIL Appellant: Robert McReynolds 1605 22nd ST N.E. Auburn, WA 98002 CITY OF AUBURN NOTICE OF APPEAL HEARING Notice is hereby given that the City of Auburn Hearing Examiner will conduct a hearing on the appeal by Robert McReynolds on the City of Auburn’s designation of the dog known as “Cassie” as a dangerous dog. The dog known as “Cassie” is described as a grey pit bull. The hearing has been scheduled for Wednesday, November 15, 2017 at 5:30 p.m. in the City Hall Council Chambers, located at 25 West Main Street. DATED AND MAILED THIS 19th DAY OF October, 2017. CITY OF AUBURN ____________________________________ Shawn Campbell, Deputy City Clerk CC: Paula Golbienko 1815 22nd Way NE Auburn, WA 98002 EXHIBIT 1 Page 86 of 128 CITY OF AUBURN NOTICE OF APPEAL HEARING Notice is hereby given that the City of Auburn Hearing Examiner will conduct a hearing on the appeal by Robert McReynolds as a dangerous dog. The dog known as “Cassie” is described as a Pit Bull, grey in color. The hearing will be held Wednesday, November 15, 2017 at 5:30 p.m. in City Hall Council Chambers located at 25 West Main Street, Auburn, WA, 98002 Do Not Publish Below This Line Publish in The Seattle Times on October 23, 2017 Page 87 of 128 Police Report for Incident 17-12325 Page 2of9 Involved Persons (Most current address on 10/27/17): VICTIM : Last: GOLBIENKO First: PAULA Mid: L DOB: 11/26/57 Dr Lic: GOLBIPL434Q6 Address: 1815 22ND WAY NE Race: w Sex: F Phone: ( 425)443-2993 City: Auburn, WA 98002 Height: 5'08" Weight: 150 SSN: Hair: BRO Eyes: GRN Work Phone: ()- ARRESTED : Last: MCREYNOLDS First: ROBERT Mid: LEE DOB: 08/19/59 Dr Lie: MCREYRL418NR Address: 1605 22ND STNE Race: w Sex: M Phone: (206)595-3814 City: Auburn, WA 98002 Height: 6'00" Weight: 170 SSN: Hair: BRO Eyes: BLU Work Phone: (206)877-2608 10/27/17 Page 89 of 128 Police Report for Incident 17-12325 Narrative C.Mast #0892 (18F) No Video Sun Sep 24 10:41:58 PDT 2017 A resident in 1600 block of 22nd St NE reported her Chihuahua was attacked and killed by a Pitbull.% Forward To: City of Auburn Prosecutors Office On 09-24-17 at 0802 hours Paula Golbienko called 911 from 1815 22nd Way NE, Auburn, King County, WA to report a aggressive Pitbull had attacked and killed her Chihuahua on 09-23-17. I contacted Golbienko at her listed address. Golbienko advised that this incident had occurred at around 2000 hours on 09-23-17. She stated it happened in the 1600 block of 22nd St NE. Golbienko stated she was walking her 2 year old Chihuahua named Yoda eastbound on the sidewalk on the south side of 22nd St NE. She said she was directly across from 1605 22nd St NE. She reported that she had her dog on a leash. She advised that a Pitbull broke free from its owner and ran southbound across 22nd St NE and attacked her dog. The Pitbull grabbed Yoda by the neck and shook him. Golbienko stated she could not get the Pitbull to release her dog. She stated a teenager came to help and pried the Pitbull's jaw open to release Yoda. At this time Golbienko stated that Robert McReynolds walked across the street and secured his dog. His dog is a 4-5 year old Pitbull named Cassie. Golbienko stated that someone called 911 but by the time PD arrived she had already transported Yoda to a veterinarian in Tukwila. They attempted to stabilize the dog but he died around 0300 on 09-24-17. Golbienko stated that Yoda was a therapy dog for her grandson. She said that the total vet bill was about $1700.00. I took a video statement from Golbienko that has been downloaded to the department computer. I went to 1605 22nd St NE and contacted Robert McReynolds. When I arrived I observed Cassie the involved Pitbull. Cassie was not aggressive towards me. McReynolds stated that she is not aggressive with people but sometimes can be aggressive with other animals. McReynolds sequence of events matched Golbienko's. He stated he had Cassie outside to use the bathroom and had her on a leash. When she saw Yoda across the street she pulled on the leash and broke the metal ring securing it to her collar. McReynolds stated he called for her to come back but she would not comply. I took photos of the broken leash and Cassie. These photos have been downloaded to the department computer. McReynolds showed me a new heavier duty leash that he has purchased for his dog. He has also purchased a muzzle for her. He does not have Cassie registered with Auburn as a dangerous dog as required by city ordinance. McReynolds stated he feels bad about what happened and had talked with Golbienko about what he could do to help. He has already called the vet and paid $750.00 of the vet bill. He stated that he used all the available credit on his credit card to do that and would work out how to pay the rest. McReynolds stated he has also been online to look at shelters to see if there is a better home for Cassie. He stated he would make sure she is completely secured when he takes her out to use the bathroom. This case is to be forwarded to the City of Auburn Prosecutors Office for possible filing of charges for Fail to Control Dangerous Dog and Fail to Register Dangerous Dog for McReynolds. Page 3of9 10/27/17 Page 90 of 128 Police Report for Incident 17-12325 I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT. Signature:C.Mast #:0892 Date and Place: 09-24-17 City/Town of Auburn, County of King Page 4 of9 10/27/17 Page 91 of 128 Police Report for Incident 17-12325 Supplement Sequence: 1 C.Mast #0892 (18F) No Video Mon Sep 25 07:55:53 PDT 2017 SGT A CLAPP / DMU FORWARD TO:City of Auburn Prosecutors Office On 09-25-17 at 0745 hours I spoke with Paula Golbienko again. She had called because she is concerned that McReynolds was not going to follow through and pay the remainder of the vet bills for her dog that was killed by his dog. I spoke with McReynolds who has now changed his mind and does not feel like he needs to pay anymore of the vet bills. He is now saying that Golbienko's leashed Chihuahua was attempting to attack his Pitbull from across the street. I told him that did not match up with the conversation we had on 09-24-17. He stated then we could see how it went in court. I told him I would do a follow up and forward it to the prosecutors office. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT. Signature:C.Mast #:0892 Date and Place:09-25-17 City/Town of Auburn, County of King Page 5 of9 10/27/17 Page 92 of 128 Police Report for Incident 17-12325 Supplement Sequence:2 GWINNER #9505 105A VN Tue Sep 26 11:35:53 PDT 2017 OIC D JONES / KR Tue Sep 26 17:35:05 PDT 2017 FORWARD TO:City Prosecutor's Office On 09-26-17 I received this case for review. I was unable to locate any prior license or Potentially Dangerous Dog registration for "Cassie", McReynolds, or McReynolds' address. Given the prior incident (Case 16-00481) involving this dog and owner I would suggest charges for AMC 6.02.090 (Dog Bite), AMC 6.35.030 (Restraint of PDD), and AMC 6.35.035 (Registration of PDD) be considered by the prosecutor's office for McReynolds. I prepared a Dangerous Dog (DD) packet for Cassie and attempted to deliver it to McReynolds at his address. There was no answer at the door. I later had the packet mailed both regular and certified mail, return receipt requested, per code. I attempted to call both parties in this matter, but there was no answer any line attempted. I left message to requesting a call back regarding this matter. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT. Signature:George D Winner #:9505 Date and Place:09-26-17 City/Town of Auburn, County of King Page 6of9 10/27/17 Page 93 of 128 Police Report for Incident 17-12325 Supplement Sequence:3 GWINNER #9505 105A NV Wed Sep 27 09:40:51 PDT 2017 OIC D JONES/MJ FORWARD TO:City Prosecutor's Office On 09-27-17 I spoke with Paula by phone. I advised of the Dangerous Dog declaration process. While speaking with Paula she mentioned that her dog had been a therapy animal for her son, and the dog had been trained, as such. Paula's statements dog fit the description of a Service Animal, under 9.91.170. I advised Paula that, amid the other charges pending review I would added Interfering with a Service Animal (9.91.170 [4]), to the list, as well for consideration. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT. Signature: George D Winner #:9505 Date and Place:09-27-17 City/Town of Auburn, County of King Page 7of9 10/27/17 Page 94 of 128 Police Report for Incident 17-12325 Supplement Sequence:4 J PRICE #9214 Wed Oct 11 09:22:22 PDT 2017 Citation Received from Prosecutors Citation number: 7Z0866657 (MCREYNOLDS, ROBERT LEE) Offense: REGISTRATION OF DANGEROUS DOG AMC: 6.35.035 Date Received: 10/11/17 Booking entered: YES Issued by: PROSECUTOR EGOLF Entered by: J PRICE Page Bof9 10/27/17 Page 95 of 128 Police Report for Incident 17-12325 Property Property Number: 246825 Item: Dog Brand: PITBULL Year: 0 Meas: Total Value: $500.00 Owner: MCR EYNOLDS ROBERT LE E 167189 Agency: APD Auburn Police Department Accum Amt Recov: $0.00 UCR: 0TH Other Local Status: III Crime Lab Number: Date Released: **/**/** Released By: Released To: Reason: Comments: Property Number: 246826 Item: Dog Brand: CHIHUA HUA Year: 0 Meas: Total Value: $500.00 Owner: GOLBIENKO PAULA L 316283 Agency: APD Auburn Police Department Accum Amt Recov: $0.00 UCR: 0TH Other Local Status: III Crime Lab Number: Date Released: **/**/** Released By: Released To: Reason: Owner Applied Nmbr: Model: CA SSIE Quantity: 1 Serial Nmbr: Color: GRY Tag Number: Officer: C Mast UCRStatus: Storage Location: Status Date: 09/24/17 Date Recov/Rcvd: **/**/** Amt Recovered: $0.00 Custody: **:**:** **/**/** Owner Applied Nmbr: Model: Quantity: 1 Serial Nmbr: Color: BRO Tag Number: Officer: C Mast UCRStatus: Storage Location: Status Date: 09/24/17 Date Recov/Rcvd: **/**/** Amt Recovered: $0.00 Custody: **:**:** **/**/** Comments: THIS DOG KILLED AFTER ATTACK ED BY LI STED PITBULL Page 9 of9 10/27/17 Page 96 of 128 Detailed History for Police Inc #AP170072478 As of 9/25/2017 00:37:19 Output for: AP2035 Priority:4 Type:ANIMAL - Animal Complaint Location:1815 22ND WAY NE #5, AUB btwn 22ND ST NE and 22ND ST NE Info:RIVERS EDGE CONDOS ICUnit: PrimeUnit:1A3 Dispo:A Type:ANIMAL - Animal Complaint Agency:AP Group:A1 Beat:A2 RD:AP2153 Case #:CAP170012325 Detail Created: 09/24/2017 08:02:34 CR02 V01350 Entered: 09/24/2017 08:06:23 CR02 V01350 Dispatch:09/24/2017 09:17:38 PD40 V01029 Enroute: 09/24/2017 09:18:15 PD40 V01029 Onscene: 09/24/2017 09:26:54 APM507 AP0570 Closed: 09/24/2017 11:27:07 APM516 AP0892 08:02:34 CREATE Location:1815 22ND WAY NE #5, AUB Type:ANIMAL Info:RIVERS EDGE CONDOS Name:GOLBIENKO, PAULA/OWNER Phone:425/443-2993 Group:A1 RD/MapBox:AP2153 TypeDesc:Animal Complaint LocDesc:btwn 22ND ST NE and 22ND ST NE Priority:4 Class:F:1AC Agency:AP LocType:S RPCon?:Y 08:02:34 ALI E911Phne:425/443-2993 E911Pilot:253/961-9246 E911Add:800 4TH ST NE - N SECTOR, AUB E911Subs:SPRINT E911Srce:WPH2 AliLong:-122.205756 AliLatitude:47.326698 Uncertainty:16 08:02:34 ALIGEO GeoLong:-122.205756 GeoLat:47.326698 ClosestAdd:1805 22ND WAY NE AddDesc:26 ft S ClosestInt:22ND WAY NE / RIVERVIEW DR NE InterDesc:348 ft NW Area1:AP2153 Area2:AF1921W 08:06:23 ENTRY Comment:**FONE** 2000, PITBULL ATTACKED AND KILLED RP'S DOG ON SIDEWALK ON 22ND ST NE, PITBULL LIVES AT 1604 22ND ST NE, AUB 08:06:23 -PREMIS Comment:PPR 08:07:18 -SELECT 08:07:20 HOLD 08:08:03 NOMORE 08:08:15 PRIOR Location:1815 22ND WAY NE #5, AUB PremType:PPR 09:13:58 INFO Location:1605 22ND ST NE, AUB LocDesc:btwn DRIVEWAY and 22ND WAY NE Comment:INDIV ADDRESSED CONDO, NOW, FEM OF DOG THAT RP'S DOG KILLED IS IN VEH IN RP'S DRIVEWAY CONSTANTLY HONKING HORN, RP NOT GOING OUTS, NO KNOWN WEPS. 09:13:58 ALI E911Phne:206/877-2608 E911Pilot:253/511-4252 E911Add:2604 2604 AUBURN WAY, COVER, AUB E911Subs:AT&T MOBILITY E911Srce:WPH1 AliLong:-122.221441 AliLatitude:47.330711 Uncertainty:1709 09:16:57 INFO Name:MCREYNOLDS, ROBERT L/08191956 Phone:206/877-2608 RPCon?:Y Comment:FEM IS IN DRK COLOR 4DR SEDAN L/UNK, APPEARS TO BE OCC'D BY DRIVER ONLY. ONLY DESC IS WF. CONT'D DISPUTE OVER LAST NIGHT'S DOG FIGHT. RP WILL WAIT INS TO AVOID ESCALATION. 09:17:06 PRIOR Location:1815 22ND WAY NE #5, AUB PremType:PPR 09:17:38 DISP 1A3 Operator:AP0892 OperNames:MAST, CHRIS (VCDU) 09:17:38 -PRIU 1A3 09:18:13 MISCN 1A3 Comment:WILL ADV 09:18:15 ENRTE 1A3 09:19:14 *BACKER 1A1 UnitID:1A3 Location:1815 22ND WAY NE #5, AUB Operator:AP0570 OperNames:BEMIS, RYAN Page 1 of 2CAD/Ti 9/25/2017http://vcc-tib-web/B780LiveCAD/Html/SystemDocs/CADInterface.aspx?_CMD=CHQ&QQQ=CAP12325&From=&To=&... Page 99 of 128 CONTACT INFO: 09:20:27 RFT 1A3 Comment:NAM/MCREYNOLDS, ROBERT L DOB/19560819 Repeat:Yes 09:20:27 RFT 1A3 Comment:INQUIRY QP,MCREYNOLDS, ROBERT L,08191956, ,,,,, 09:20:50 RFT 1A3 Comment:NAM/MCREYNOLDS, ROBERT L DOB/19590819 Repeat:Yes 09:20:51 RFT 1A3 Comment:INQUIRY QP,MCREYNOLDS, ROBERT L,08191959, ,,,,, 09:23:16 MISCA Comment:ORIG FEM RP CB, IS IN HER VEH PARKED OUTS MALE'S HOUSE.. WAITING FOR IN-PERSON CONTACT 09:26:54 *ONSCN 1A1 09:32:04 ONSCN 1A3 09:32:08 CASE 1A3 Case#:CAP170012325 09:34:04 *CLEAR 1A1 09:43:59 CHGLOC 1A3 Location:1605 22ND ST NE, AUB 09:44:48 *ONSCN 1A3 09:45:23 BACKOS 4A5 UnitID:1A3 Location:1605 22ND ST NE, AUB Operator:AP3280 OperNames:VOJIR, JOSEPH 09:49:08 *CLEAR 4A5 09:54:11 *CHGLOC 1A3 Location:AUBURN PD, AUB 09:59:23 *ONSCN 1A3 10:18:20 *CHGLOC 1A3 Location:LEA HILL SUB STATION, AUB 10:27:26 *ONSCN 1A3 11:27:07 *CLEAR 1A3 Dispo:A 11:27:07 -PRIU 1A3 11:27:07 -CLEAR 11:27:07 *CLOSE Name Phone RPaddr RPCon?IDCCode AltPhn RPCon4 GOLBIENKO, PAULA/OWNER 425/443-2993 Y MCREYNOLDS, ROBERT L/08191956 206/877-2608 Y Page 2 of 2CAD/Ti 9/25/2017http://vcc-tib-web/B780LiveCAD/Html/SystemDocs/CADInterface.aspx?_CMD=CHQ&QQQ=CAP12325&From=&To=&... Page 100 of 128 Detailed History for Police Inc #AP170073487 As of 9/28/2017 03:56:48 Output for: AP1444 Priority:4 Type:ANIMAL - Animal Complaint Location:1605 22ND ST NE, AUB LocCross:BTWN DRIVEWAY AND 22ND WAY NE ICUnit: PrimeUnit:2A20 Dispo:H Type:ANIMAL - Animal Complaint Agency:AP Group:A1 Beat:A2 RD:AP2153 Case #:CAP170012483 Detail Created: 09/27/2017 19:16:01 APM501 AP0647 Entered: 09/27/2017 19:16:01 APM501 AP0647 Dispatch:09/27/2017 19:16:01 APM501 AP0647 Enroute: 09/27/2017 19:16:01 APM501 AP0647 Onscene: 09/27/2017 19:16:01 APM501 AP0647 Control: 09/27/2017 19:49:34 APM501 AP0647 Closed: 09/27/2017 23:09:44 APM501 AP0647 19:16:01 *CREATE Location:1605 22ND ST NE, AUB Type:ANIMAL Group:A1 RD/MapBox:AP2153 TypeDesc:Animal Complaint LocCross:BTWN DRIVEWAY AND 22ND WAY NE Priority:4 Response:F:1AC Agency:AP LocType:S 19:16:01 *ENTRY Comment:ANIMAL IMPOUND 19:16:01 *DISPOS 2A20 Location:1605 22ND ST NE, AUB Operator:AP0647 OperNames:JOHNSON, DOUGLAS 19:16:01 -PRIU 2A20 19:16:01 -PREMIS Comment:PPR 19:16:10 *CHGLOC 2A20 Location:STN 19:16:36 *BACKER 2A10 UnitID:2A20 Location:STN Operator:AP5800 OperNames:MABIS, MICHAEL 19:17:19 PRMPT 2A10 Comment:Preempted and dispatched to call #AP170073489 19:24:53 *ONSCN 2A20 19:32:13 *BACKER 2A30 UnitID:2A20 Location:STN Operator:AP7316 OperNames:BENAVENTE, DANNY 19:35:52 *CHGLOC 2A20 Location:1605 22ND ST NE, AUB 19:39:55 *ONSCN 2A20 19:39:58 *ONSCN 2A30 19:41:03 RFT 2A30 Comment:LIC/B32115T Repeat:Yes 19:41:03 RFT 2A30 Comment:INQUIRY QL,B32115T, ,,,,,,,,,, 19:49:34 *OK 2A20 Comment:Code-4 Sent from MDC 19:49:48 *CASE 2A20 Case#:CAP170012483 19:51:09 *CLEAR 2A30 19:51:10 *STACK 2A20 22:00:31 *DISP 2A20 Operator:AP0647 OperNames:JOHNSON, DOUGLAS 22:00:45 *CHGLOC 2A20 Location:STN Comment:WRITING 22:08:35 *ONSCN 2A20 23:09:44 *CLEAR 2A20 Dispo:H 23:09:44 -PRIU 2A20 23:09:44 -CLEAR 23:09:44 *CLOSE Page 1 of 1CAD/Ti 9/28/2017http://vcc-tib-web/B780LiveCAD/Html/SystemDocs/CADInterface.aspx?_CMD=CHQ&... Page 101 of 128 Police Report for Incident 17-12483 Page 2of4 Involved Persons (Most current address on 09/28/17): SUSPECT: Last: MCREYNOLDS First: ROBERT Mid: LEE DOB: 08/19/59 Dr Lie: MCREYRL418NR Address: 1605 22ND STNE Race: w Sex: M Phone: (206)595-3814 City: Auburn, WA 98002 Height: 6'00" Weight: 170 SSN: Hair: BRO Eyes: BLU Work Phone: (206)877-2608 09/28/17 Page 103 of 128 Police Report for Incident 17-12483 Narrative D.Johnson / 0647 / v24 / no video Wed Sep 27 22:30:49 PDT 2017 An attempt was made to impound a dangerous animal.% FORWARD TO:Auburn Prosecutor's Office On 09-27-2017 at 1916 hours I attempted to impound a dangerous animal from 1605 22nd ST NE, City of Auburn, County of King, WA. The attempted impound was in response to Auburn Police case #17-12325, Animal Problem. On 09-24-2017, Ofc. Mast of the Auburn Police Department responded to an Animal Problem near 1605 22nd ST NE. The animal in question, an unregistered pit bull named Cassie, broke free from her owner, identified as Robert L. McReynolds, and attacked another dog. The dog Cassie attacked later died of its injuries. Due to the severity of the attack I was instructed to impound Cassie by my on duty supervisor. I contacted Robert at his residence. When Robert answered the door, I saw a grey and white pit bull behind him in the hallway of the house. I told Robert I was there to impound his dog "Cassie" and I would be taking her with me. Robert said he was told by his lawyer and the Auburn Animal Control Officer to not give his dog to anyone who attempted to impound it. I told him I didn't believe the Auburn Animal Control Officer would tell not to give Cassie to a Police Officer. I explained to Robert that I was instructed to impound Cassie at the Auburn Humane Society while the process of the previous case was completed. Robert said he was told Cassie would be put down immediately if she was impounded. I told him that was not the case and asked him to give me Cassie for impound. Robert said "no" and did not give me Cassie. I explained to Robert that I would refer charges of Interfering with impoundment of an animal if he did not give me Cassie. Robert said something to the effect of, "Do whatever the fuck you have to do". I asked Robert again if he was refusing to allow me to impound Cassie and he said "I'm not letting you take her". Robert's dog Cassie was inside the house during my contact with Robert. Based on Robert's refusal to allow me to impound his dog Cassie, I am referring this case to the Auburn Prosecutor's Office for review of charges to include Interference with impounding, AMC 6.01.060. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT. Signature:D. Johnson #:0647 Date and Place:09-27-2017 City/Town of Auburn, County of King Page 3 of4 09/28/17 Page 104 of 128 Police Report for Incident 17-12483 Property Property Number: 246825 Item: Dog Brand: PITBULL Year: 0 Meas: Total Value: $500.00 Owner: MCREYNOLDS ROBERT LEE 167189 Agency: APD Auburn Police Department Accum Amt Recov: $0.00 UCR: 0TH Other Local Status: III Crime Lab Number: Date Released: **/**/** Released By: Released To: Reason: Comments: Owner Applied Nmbr: Model: CASSIE Quantity: 1 Serial Nmbr: Color: GRY Tag Number: Officer: C Mast UCRStatus: Storage Location: Status Date: 09/24/17 Date Recov/Rcvd: **/**/** Amt Recovered: $0.00 Custody: **:**:** **/**/** Page 4 of4 09/28/17 Page 105 of 128 CRIMINAL DTRAFFIC lZJNON-TRAFFIC LEA ORI#: WA017111A COURT ORI#: WA017173J CITATION#: 720866676 REPORT#: 17-12483 IN THE lZJDISTRICT DMUNICIPAL COURT OF DsTATE OFWASHINGTON DcouNTYOF DRIVER'S LICENSE NO. STATE: EXPIRES ADDRESS 1605 22ND ST NE KING COUNTY DISTRICT COURT lZJCITY/fOWN OF AUBURN THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON PHOTO I.D. MATCHED NAME: LAST FIRST DYES DNo MCREYNOLDS ROBERT IF NEW ADDRESS CITY AUBURN , PLAINTIFF VS. NAMED DEFENDANT MIDDLE LEE SFX CDUCLP DYESlZJNo STATE ZIP CODE WA 98002 () � 0 z 'Ila 0, C) C) C) -.J C) fi EMPLOYER - )> --;;E:;;'M;,;PL:-'O;;;Ye':E;;;R;;L;,;O';-CA�T�IO�N"--,==----,-;=-----r.c==-----r.===-----.==----r.,:,=-----,:;===-:--::===-.::-:;-;======----,,=====c--- :: () DATE OF BIRTH RACE HEIGHT WEIGHT EYES HAIR RESIDENTIAL PHONE NO. CELUPAGER PHONE NO. WORK PHONE NO. _ Z08-19-59 W 170 BLU BRO ---;;v"'1oiLA';c.Ta;IO;;:Nc;-;:;DA""T"'E=----='----,--l'*\====':'!.\�,,,..---l.!..!-"-,.,A-=Tc-L-=o-=c""AT='1"'0N"""'--;,;22"'N.;\'sD'-\S�T�N"E�-'---------+.,M,-,.P:-.-----,C;;-l;;TY;-;/;;;C;;-O!,UN"TY=o"'F=------=ON OR ABOUT 09/27/2017 19:16 REF. TRAFFICWAY BLOCK# 1605 AUBURN/KING -�====---""""-'-'-='"-'-'-""'-'"-'""'""--- ----------"""'-"""'""'""'1-----------------....l.e="'""-''-'-"="'------j=""-'"'-"""-""-'""-- --i::::::. VEH LIC NO STATE EXPIRES DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND � VEHYR JMAKE IMODEL ISTYLE ICOLOR TR #1 LIC NO STATE EXPIRES TR YR OWNER /COMPANY IF OTHER THAN DRIVER ITR #2 UC NO ISTATE !EXPIRES ITRYR = = ---,,==-------------------�--------------------===---=-==-----=-ADDRESS CITY STATE ZIP CODE ---;;A;;-C;;-Cl"'D"'EN "T,;,-------�BA�c=----�CO�M=M�ER�C�IA�L��Y=E=s-�1-6-+��Y=E=s...L-rH�AZ.�M�A�T��Y�E�S,--�E�X=E�M=PT=-��F=1R=E,------'----'------------= __________ _JL_ ___ ..i,cVEe;H.!!ICe:L:,E'---_.LJ!N!!cOc.__.l!P�A�SO!S.LJ!N�Oc.__..J... _j_[!N,-,O"---VE =He,ICe,L,cE....1.--1.=Ls;EA'--------------_ --;,..-;-a;;-:-=======-==��=-----�_gDl\'sD'--1T,PH!.EgNf!A�NgD,JT J;!HJ.ERtl]E;,C!fO;!JM!!JM�l!,!,TJ,EA�CH�O:,;F,1,TgHE!a.)'FO�L\!LalaOg_Wl'.!INeeGe..s,Or,FFc,Ea,Ne,S.e,ESa,_ ______________ _ _ _ = 1. vI0LATION/STATUTE CODE AMC6.01.060 Dov INTERFERE WITH IMPOUNDING ANIMAL """ a::::::: """2.""'v"'1o"'LA70T;::1o"'N"'1s"°Tc;-Ac;:;TU"'T"E"c"'o"'oc:cE,-----------��D�V ---------------------------.---------""' = """a.""'v"'1o"'LA"""T;::IO;cN;:;IS"°Tc;-ATc;:;UccT::Ec:CccOc:cDc:cE,--------��D�V------------------------.------ 4. VIOLATION/STATUTE CODE 5, VIOLATION/STATUTE CODE MANDATORY COURT APPEARANCE DTICKET SERVED ON VIOLATOR DeooKED u. .:: z 01- CHG# RESPONSE 1 G NG z ,-:z -o w Si=�:. 2 G NG 0.< 0: (!)3 G NG :;; !:: ,_ 0ou"'c:>4 G NG U ID-, < 5 G NG Dov APPEARANCE DATE TIME RELATED# J DATE ISSUED 10-04-17 lZJTICKET REFERRED TO PRO SECUTOR CHG I DISPOSITION i FINES I SUSPENDED SUB-TOTAL FINDING/JUDGMENT DATE TO SERVE DAYS I G NG D Is Is s w DAYS SUSP I G NG D is Is s ABSTRACT MLD TO OLYMPIA CREDIT/TIME SVD. YIN I G NG D Is Is $ LIC. SURR. DT I G NG D Is Is $ TOTAL COSTS REC. NONEXTENSION OF i G NG D Is Is s s SUSI'. YIN PAGE 1 OF2 ;;:: () ;a m -<z 0 r 0 sn ;o 0 Cll m r 0 0, � Page 106 of 128 CASE NUMBER:17-12325 OFFICER: G. Winner AUBURN POLICE DEPARTMENT ANIMAL CONTROL DIVISION DATE ISSUED: 09-26-17 TYPE AND BASIS OF DECLARATION & REASONING Auburn Animal Control is seeking to declare your dog: JXf Dangerous D Potentially Dangerous At approximately 2000 hrs. on the 23rd day of September . 2017. Animal Control has witnessed or been provided evidence that your animal ran off your property and attacked a smallldog walking by. on leash. The victim dog later passed away at the Veterinarian's office. ********************************************************************************************************* Narrative: See APD Case #17-12325. Page 2 of 6 Page 109 of 128 ' CASE NUMBER:17-12325 OFFICER: G. Winner AUBURN POLICE DEPARTMENT ANIMAL CONTROL DIVISION DATE ISSUED: 09-26-17 RIGHTS UPON NOTIFICATION OF PRELIMINARY DECISION Owner Dog Address Under ACC 6.35.020(C) you have a right to meet with the Chief of Police or his designee to present any reasons, orally or in writing, why the animal should not be declared Dangerous or Potentially Dangerous: I If you are unable to attend this meeting you can request the meeting be rescheduled to a reason able time that falls within 10 calendar days of delivery of this notice. If you fail to appear for this meeting preliminary notice will become final, and your animal(s) 'Yill be declared Dangerous or Potentially Dangerous. If, after the meeting date, your animal is declared Dangerous or Potentially Dangerous you may appeal I that final declaration using the form provided on the following page. This form must be submitted to the City Clerk by certified mail or in person within fifteen (15) days of the determination of your animal's I status if the original notification was delivered to you in person, or within twenty (20) days if the original notification was mailed to you. REQUEST FOR MEETING ON PRELIMINARY DECLARATION I request a meeting as provided for in ACC 6.35.020(C) to discuss the preliminary decision to declare r y animal(s) as Dangerous or Potentially Dangerous in Case(s) No .. _____________ --,-. I understand that I have the right to present reasons or information in writing or verbally as to why m� animal(s) should not be declared Dangerous or Potentially Dangerous. Signature Printed Name/Date Auburn Police Department 340 E. Main St. Ste. 201 Auburn, WA 98002-5548 Phone: 253-931-3080 Page 3 of 6 Page 110 of 128 ' CASE NUMBER:17-12325 OFFICER: G. Winner DATE ISSUED: 09-26-17 DANGEROUS DOG REQUIREMENTS ' Within twenty (20) days ofreceipt of this declaration, you are required to obtain a certificate of registration and a special license for your Dangerous Dog from the Auburn City Clerk. The license will be issued upon compliance with the following requirements: 1.Per ACC 6,35.020(f)(1): Placement of a "proper enclosure" on the owner's/ keeper's property roconfine the dog.j 2.Per ACC 6.35.020(f)(1): Placement of a conspicuously displayed sign on the premises where the dog is harbored with a warning symbol that informs children or adults who cannot read of thepresence of a dangerous dog. 3.Per ACC 6.35.020(f)(2): A surety bond issued by a surety insurer qualified under chapter 48.28I R.C.W. in a sum of not less than $250,000 payment to a person injured by the dog, or a policy of liability insurance issued by an insurer qualified under title 48 R.C.W. in an amount not less th�n $250,000 insuring the owner or keeper for personal injuries inflicted by the dog. (OR) 4.Per ACC 6.35.020(f)(3): A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerousdog, or such liability insurance that otherwise meets the requirements of RCW 16.08.080.5.Per ACC 6.35.080 (A): If the Dangerous Dog is taken outside the required enclosure, such dog s1 all be muzzled and restrained by a substantial leash or chain and under the physical control of aperson sixteen (16) years or older who is capable of restraining such animal. 6.Per ACC 6.35.020 (g): Any dog which is declared to be a "dangerous dog" pursuant to thischapter or Chapter 16.08 RCW shall also be required to be microchipped by a veterinarian of the owner's choice, at the owner's expense. This shall be inaddition to the other requirements of this chapter and in addition to the applicable requirements for licensing as defined within this title, and this procedure must be accomplish d within 30 days after the owner's receipt of the dangerous dog declaration issued pursuant to t is chapter or Chapter 16.08 RCW. 7.The special license fee for a Dangerous Dog is $500.00 per year, in addition to the regular license�-I I Page 4 of 6 Page 111 of 128 CASE NUMBER:17-12325 OFFICER: G. Winner DATE ISSUED: 09-26-17 POTENTIALLY DANGEROUS DOG REQUIREMENTS Within twenty (20) days ofreceipt of this declaration you are required to provide obtain a certificate of registration and a special license for your Potenti ally Dangerous Dog from the Auburn City Clerk. The license will be issued upon compliance with the following requirements: 1.Per ACC 6.35.030: Placement of a "proper enclosure" on the owner's/ keeper's property to confine the dog. 2.Per ACC 6.35.030: If the Dangerous Dog is taken outside the required enclosure, such dog shal!;be restrained by a substantial leash or chain and under the physical control of a person sixteen (16) years or older who is capable of restraining such animal. 3.Per ACC 6.35.035: The notice of potentially dangerous dog form, available from the city clerk, s,hall be filed. 4.Per ACC 6.35.035: The special license fee for a Potentially Dangerous Dog is $100.00, and the annual renewal fee is $100.00. · Page 5 of 6 Page 112 of 128 CAOn--i Page I of l Detailed History for Police Incident #AP170072703 As of 09/25/2017 08:37:50 Output for: AP0637 Priority:4 Type:FUP -FollowUp Request Location: 1505 22ND ST NE, AUS btwn PIKE ST NE and DRIVEWAY !created: 1109/25/2017 07: 41: o7llcR08 llvo1339I !Entered: 1109/25/2017 07 :42: 19IIcR08 llvo1339I IDispatch:II09/25/2017 07 :43:07IIPD40 llvo1os7I I En route: 1109/25/2017 07 :44: u!IAPM516IIAP0892I lonscene: 1109/25/2017 07:44: 13IIAPM516IIAP0892I 1109/25/2017 08:02:49IIPD40 llvo115ol!Closed: PrimeUnit: 1A3 Dispo: F Type: FUP -FollowUp Request Agency:AP Group:Al Beat:A2 RD:AP2153 0Detail 07:41:07 CREATE V01339/CR08 Location: 1505 22ND ST NE, AUB Type: FUP Name: 07:42:19 ENTRY 07:42: 18 -SELECT 07:42:19 -PREMIS V01339/CR08 GOLBIENKO, PAULA/VIC Phone: 425/443-2993 Group: Al RD/MapBox: AP2153 TypeDesc: FollowUp Request LocDesc: btwn PIKE ST NE and DRIVEWAY Priority: 4 Class: F:lP Agency: AP LocType: S Comment: **FONE** REF AP72421/ANIMAL. WANTS FUP ABOUT DOG THAT BIT HER DOG Comment: PPR 07:42:22 NOMORE V01339/CR08 07:42:59 LOGM 07:43:07 DISP 07:43:07 -PRIU07:43:43 BACKUP 07:43:46 PRMPT 07:43:46 -PRIU07:44:13 *ONSCN08:02:49 CLEAR 08:02:49 -PRIU08:02:49 -CLEAR08:02:49 CLOSE CONTACT INFO: Name V01087/PD40 V01087/PD40 V01087 /PD40 Message: MSGIDOll 709251442022901 MessageType: XML Received: 09/25/2017 07:42:27 Comment: *PRIOR INC 1A2 Location: PHONE Operator: AP4723 OperNames: FEERO,SHAUN (VCDU) 1A2 1A3 UnitlD: 1A2 Location: PHONE Operator: AP0892 OperNames: MAST, CHRIS (VCDU) V01087/PD40 1A2 AP0892/APM516 1A3 V01150/PD40 1A3 Dispo: F 1A3 V01150/PD40 Phone RPaddr RPCon? IDCCode AltPhn RPCon4 GOLBIENKO, PAULA/VIC 425/443-2993 http://vcc-tib-web/B780LiveCAD/I Itml / ystemDocs/CADlntcrface.aspx?IHQ .AP! 70072... 9/25/2017 Page 114 of 128 Detailed History for Police Inc #AP170072478 As of 9/25/2017 00:37:19 Output for: AP2035 Priority:4 Type:ANIMAL - Animal Complaint Location:1815 22ND WAY NE #5, AUB btwn 22ND ST NE and 22ND ST NE Info:RIVERS EDGE CONDOS ICUnit: PrimeUnit:1A3 Dispo:A Type:ANIMAL - Animal Complaint Agency:AP Group:A1 Beat:A2 RD:AP2153 Case #:CAP170012325 Detail Created: 09/24/2017 08:02:34 CR02 V01350 Entered: 09/24/2017 08:06:23 CR02 V01350 Dispatch:09/24/2017 09:17:38 PD40 V01029 Enroute: 09/24/2017 09:18:15 PD40 V01029 Onscene: 09/24/2017 09:26:54 APM507 AP0570 Closed: 09/24/2017 11:27:07 APM516 AP0892 08:02:34 CREATE Location:1815 22ND WAY NE #5, AUB Type:ANIMAL Info:RIVERS EDGE CONDOS Name:GOLBIENKO, PAULA/OWNER Phone:425/443-2993 Group:A1 RD/MapBox:AP2153 TypeDesc:Animal Complaint LocDesc:btwn 22ND ST NE and 22ND ST NE Priority:4 Class:F:1AC Agency:AP LocType:S RPCon?:Y 08:02:34 ALI E911Phne:425/443-2993 E911Pilot:253/961-9246 E911Add:800 4TH ST NE - N SECTOR, AUB E911Subs:SPRINT E911Srce:WPH2 AliLong:-122.205756 AliLatitude:47.326698 Uncertainty:16 08:02:34 ALIGEO GeoLong:-122.205756 GeoLat:47.326698 ClosestAdd:1805 22ND WAY NE AddDesc:26 ft S ClosestInt:22ND WAY NE / RIVERVIEW DR NE InterDesc:348 ft NW Area1:AP2153 Area2:AF1921W 08:06:23 ENTRY Comment:**FONE** 2000, PITBULL ATTACKED AND KILLED RP'S DOG ON SIDEWALK ON 22ND ST NE, PITBULL LIVES AT 1604 22ND ST NE, AUB 08:06:23 -PREMIS Comment:PPR 08:07:18 -SELECT 08:07:20 HOLD 08:08:03 NOMORE 08:08:15 PRIOR Location:1815 22ND WAY NE #5, AUB PremType:PPR 09:13:58 INFO Location:1605 22ND ST NE, AUB LocDesc:btwn DRIVEWAY and 22ND WAY NE Comment:INDIV ADDRESSED CONDO, NOW, FEM OF DOG THAT RP'S DOG KILLED IS IN VEH IN RP'S DRIVEWAY CONSTANTLY HONKING HORN, RP NOT GOING OUTS, NO KNOWN WEPS. 09:13:58 ALI E911Phne:206/877-2608 E911Pilot:253/511-4252 E911Add:2604 2604 AUBURN WAY, COVER, AUB E911Subs:AT&T MOBILITY E911Srce:WPH1 AliLong:-122.221441 AliLatitude:47.330711 Uncertainty:1709 09:16:57 INFO Name:MCREYNOLDS, ROBERT L/08191956 Phone:206/877-2608 RPCon?:Y Comment:FEM IS IN DRK COLOR 4DR SEDAN L/UNK, APPEARS TO BE OCC'D BY DRIVER ONLY. ONLY DESC IS WF. CONT'D DISPUTE OVER LAST NIGHT'S DOG FIGHT. RP WILL WAIT INS TO AVOID ESCALATION. 09:17:06 PRIOR Location:1815 22ND WAY NE #5, AUB PremType:PPR 09:17:38 DISP 1A3 Operator:AP0892 OperNames:MAST, CHRIS (VCDU) 09:17:38 -PRIU 1A3 09:18:13 MISCN 1A3 Comment:WILL ADV 09:18:15 ENRTE 1A3 09:19:14 *BACKER 1A1 UnitID:1A3 Location:1815 22ND WAY NE #5, AUB Operator:AP0570 OperNames:BEMIS, RYAN Page 1 of 2CAD/Ti 9/25/2017http://vcc-tib-web/B780LiveCAD/Html/SystemDocs/CADInterface.aspx?_CMD=CHQ&QQQ=CAP12325&From=&To=&... Page 115 of 128 CONTACT INFO: 09:20:27 RFT 1A3 Comment:NAM/MCREYNOLDS, ROBERT L DOB/19560819 Repeat:Yes 09:20:27 RFT 1A3 Comment:INQUIRY QP,MCREYNOLDS, ROBERT L,08191956, ,,,,, 09:20:50 RFT 1A3 Comment:NAM/MCREYNOLDS, ROBERT L DOB/19590819 Repeat:Yes 09:20:51 RFT 1A3 Comment:INQUIRY QP,MCREYNOLDS, ROBERT L,08191959, ,,,,, 09:23:16 MISCA Comment:ORIG FEM RP CB, IS IN HER VEH PARKED OUTS MALE'S HOUSE.. WAITING FOR IN-PERSON CONTACT 09:26:54 *ONSCN 1A1 09:32:04 ONSCN 1A3 09:32:08 CASE 1A3 Case#:CAP170012325 09:34:04 *CLEAR 1A1 09:43:59 CHGLOC 1A3 Location:1605 22ND ST NE, AUB 09:44:48 *ONSCN 1A3 09:45:23 BACKOS 4A5 UnitID:1A3 Location:1605 22ND ST NE, AUB Operator:AP3280 OperNames:VOJIR, JOSEPH 09:49:08 *CLEAR 4A5 09:54:11 *CHGLOC 1A3 Location:AUBURN PD, AUB 09:59:23 *ONSCN 1A3 10:18:20 *CHGLOC 1A3 Location:LEA HILL SUB STATION, AUB 10:27:26 *ONSCN 1A3 11:27:07 *CLEAR 1A3 Dispo:A 11:27:07 -PRIU 1A3 11:27:07 -CLEAR 11:27:07 *CLOSE Name Phone RPaddr RPCon?IDCCode AltPhn RPCon4 GOLBIENKO, PAULA/OWNER 425/443-2993 Y MCREYNOLDS, ROBERT L/08191956 206/877-2608 Y Page 2 of 2CAD/Ti 9/25/2017http://vcc-tib-web/B780LiveCAD/Html/SystemDocs/CADInterface.aspx?_CMD=CHQ&QQQ=CAP12325&From=&To=&... Page 116 of 128 Jesse McReynolds 1605 22 nd st NE Auburn WA 98002 Auburn Police Department Chief of Police Auburn WA 98002 Intent to declare Cassie a dangerous dog under RCW 16.08 Chief of Police, October 4, 2017 An intent to declare Cassie, our dog, dangerous has been filed, and I am writing this letter on Cassie's behalf because I am unable to be present in the hearing today. The incident this declaration stems from began on September 23, 2017. On that Saturday My dad and I were walking Cassie at about 7:00 pm. As we arrived home a lady, walking three dogs, was traveling in the opposite direction. As she approached the area across the street from our house she began yelling "no, no, no ...... stop, stop, stop .... " Cassie became attentive, and saw one of her dogs crossing the street towards Cassie. The dog was barking, and postured in a way of aggression. This is when Cassie broke her leash and attacked the other dog. The question before us today is whether Cassie is a dangerous dog. According to Washington State Law (RCW 16.08} ""Dangerous dog" means any dog that ... (b) kills a domestic animal without provocation while the dog is off the owner's property." I contend to this hearing Cassie was provoked by the lady yelling and her dog charging towards Cassie. "Proof of provocation of the attack by the injured person shall be a complete defense to an action for damages." RCW 16.08.010 Cassie is not dangerous either. As seen in the photos provided this hearing Cassie is attentive to the family, and is well behaved. In the many years we have had Cassie she has never attacked a person, and does not play rough with anyone. In understanding this incident has led to a most serious hearing that equates to a potential death sentence we have taken measures to ensure a similar incident cannot occur. These measures include a recommended muzzle, a reinforced leash and collar, setting up appointments with a Veterinary Animal Behaviorist and a trainer. In contacting the trainer and Veterinary Animal Behaviorist they have stated they will work with Cassie to curb her fear of other dogs. In conclusion, during my time with Cassie I have not witnessed any behavior that would demonstrate Cassie being a dangerous dog, and in accordance with Washington State law we Page 119 of 128