In lieu fee mitigation plan


Nearby Mitigation Encumbrances



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Nearby Mitigation Encumbrances


There are several areas in the immediate vicinity that are already encumbered by mitigation obligations associated with construction of the 154th Place SE Bridge (See Figure 2). These areas were planted in 2007, which initiated a 10-year monitoring period that will be completed in 2017, assuming performance measures are met (KC DOT, 2013). None of the mitigation activities proposed in this report overlap with these previously encumbered areas, nor will they negatively affect these areas. Establishment of healthy native plant communities on both these previously encumbered areas as well as on the EBR Mitigation Project should prove mutually beneficial by increasing the overall size of the planted areas, reducing the vectors for invasive species to colonize, and providing greater diversity of habitat types within the local area.

With its location within the landscape, surrounded by several parcels encumbered for mitigation as well as other publicly owned property, restoration work at the EBR Mitigation Project will create a corridor along the Cedar River where wildlife and native plant communities can thrive. On the left bank the EBR Mitigation Project is contiguous to 6.29 acres of County owned future restoration, 12.5 acres of existing habitat in public ownership and 63.84 acres of open space in public ownership. On the right bank the EBR Mitigation Project is contiguous with 1.17 acres of County owned conservation land. Together, the EBR Mitigation Project, the areas encumbered by mitigation, and the surrounding land in public ownership will create 89.26 acres of contiguous habitat and open space on the left bank and 6.04 acres of contiguous habitat and open space on the right bank shown in Figure 3. Figure 4 shows the known mitigation sites along the Cedar River.


    1. Regulatory Property Perimeter Buffer


WAC 173-700-304 requires buffers from certain adjacent land uses around a mitigation site to protect the functions at that site. The EBR Mitigation Project will have a 100 foot buffer on the left bank from the adjacent single-family home site to the south. The last 300 feet of road right of way to the east will be vacated and closed in the near term. The vacated road right of way and County owned land to the east will be included as part of a future restoration project and protected in perpetuity.

Adjacent to the left bank to the west is land owned by the City of Renton. A portion of the property has been developed into a park with soccer fields, baseball fields, basketball courts and restrooms; however, the portion of the property adjacent to the Cedar River and the EBR Mitigation Project will remain in its natural condition. The City has used portions of this land for mitigation for other projects constructed along the Cedar River and mitigation or habitat restoration may be the highest and best use of this portion of the property. Additionally, the area adjacent to the EBR Mitigation Project is part of a large wetland complex adjacent to Madsen Creek and the Cedar River. The property has multiple designations that restrict or prohibit development including:



  • Wetlands and wetland buffers- The area 200 feet from the large wetland complex would stretch into the EBR Mitigation Project from the wetland on Renton’s property, precluding development of the land between the wetland and EBR Mitigation Project.

  • Floodway

  • Moderate to severe channel migration area

  • Urban Conservancy (Shoreline Designation) - includes many prohibited activities/development and places severe restrictions on numerous other development activities.

City of Renton Critical Areas Regulations including 4-3-050 (B1f), 4-3-050 (C5a) and 4-3-050 (G4e), 4-3-090 (C2) and 4-3-090 (E1) layered together will reduce any likelihood of property development. While not impossible, development of that area is severely restricted by local, state and federal regulations and if allowed would require extensive mitigation to replace both area and functions lost.



Renton’s strict critical areas ordinance and shoreline master program approved by Ecology provides reasonable assurance that the EBR Mitigation Project will not be adversely affected by activities on the adjacent property.

On the right bank, the EBR Mitigation Project will earn credit 75 feet from the existing right of way of SE Jones Road which runs along the northern edge of the site. With the new 154th Place SE bridge in place, SE Jones Road now only serves six homes and there is no need for the road to be expanded. With limited traffic and the unlikely potential for future road expansion, the 75 foot buffer located outside of the right-of-way should be sufficient to protect the functions at the EBR Mitigation Project. Figure 2 shows the regulatory buffers to the site.


    1. Easements and Road ROW areas within Mitigation Site boundaries


The project site is composed of publicly owned property with deed restrictions that ensure they will perpetually be protected from development. All utilities serving the properties have been removed and there are no residual easements that will otherwise allow alterations of the parcels.

King County plans to vacate the road right-of-way of 149th Ave SE that crosses the river between the right and left bank mitigation components. This process can take three to five years to complete, but will be completed prior to the end of the monitoring period for the project. The intent is to close the road to traffic at the point beyond which area residents use the road to access their homes as soon as possible.

The abandoned road right-of-way will ultimately be vacated, and the cul-de-sac moved as far south toward SR 169 as possible while still allowing private residents in the area to access their properties, as well as space necessary to accommodate emergency vehicles. At least one of the parcels along 149th Ave SE has existing covenants that are incompatible with an expansion of the cul-de-sac (i.e. use of the parcel for a cul-de-sac would require “conversion” of the affected area per the requirements of the original funding source). These covenant and ROW matters will be resolved as expediently as possible. The Sponsor expects the credit releases associated with site protection of the RB and LB to be withheld until the recordation of covenants over all parcels within the RB and LB areas of the site.



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