2015/05/06 Council Agenda Packet

Fact Sheet BNSF Rucker Hill Grading Project -- City of Everett, WA ► Proposal by BNSF (funded by WSDOT): • Excavate and regrade Rucker Hill at slide area; • Install 20'- deep trench drains approx. 1,600 feet long; import gravel backfill; • Construct retaining walls at based; trenches high up on the hill; • Traverse City roads, City property, steep slopes; • Sell "surplus" City park property. ► Amount of Cut and Fill: 80,000 cubic yards ► Equivalent of: 6,700 dump truck loads (approx.) ► Proposal is to use City property via license; requires City Council approval. • This is a contract voluntarily entered into by BNSF and is not subject to federal preemption; City is making a proprietary decision about use of City property. ► Proposed City Council license does not include or require: • A grading permit from City; • Detail on road construction, heavy equipment access plan; • Submittal or review of any final site restoration/revegetation plan, prior to permit or contract approval; • Compliance with Critical Areas code, §§ 37.080(C)(1), (4), (7): • Planning Director has not made two required determinations due to insufficient construction detail in the submittal; CAR requires two findings: • "The proposed development will not create a hazard to the subject property, surrounding properties or rights-of-way, or erosion or sedimentation to off-site properties or bodies of water." • "The proposal uses construction techniques which minimize disruption of existing topography and natural vegetation;" (including access road design). ► The Planning Director's recent Proposed Mitigated Determination of Non-Significance is subject to appeal until May 19, 2015. Points likely to be appealed: • Does not include any "conditions attached hereto" as stated in the MDNS. • New construction on property adjacent to BNSF ROW (private and City-owned) is not "maintenance" within meaning of categorical exemption. Lack of NEPA compliance. • Construction of the "Soil Nail Wall" and access road shown on Plan Sheet C-3 is not exempt from the City's shoreline process requirements. (See attached maps). ► The Public Hearing and City Council action on the license should be postponed. • Allows Council time to examine a modified MDNS in response to appeal issues.