SR 520 Shoreline Permit Comment Period: email corrected!

Note: This information has been developed in a group effort by Ron Melnikoff, Carl Stixrood, Anne Preston, Craig Van Riper, Gregg Dupont and Karen Wood. The Montlake Community Club is posting it here on their behalf.

WSDOT has applied for a City of Seattle Shoreline Permit for 6+ years of Portage Bay Bridge reconstruction that will start in 2024.   WSDOT has not provided any information on its web site about this Shoreline Permit submittal.   A public meeting has not been scheduled.

This permit has a public comment period that ends on September 10.  Your comments are needed !  This is your last opportunity to influence a permit that will condition this large project’s many years of neighborhood shoreline area impacts.  This permit will also require appropriate mitigation.

E-Mail:  PRC@Seattle.gov   Mailing Address: SDCI/PRC, PO Box 34019 Seattle WA 98124-4019

Please read the attached information.  It will  help you understand permit requirements and then write and send useful comments.

The first page of the document attached has both email address and mailing address to send your comments.  There is also an email address for your questions regarding the information.

Montlake and Portage Bay – Roanoke Park Area Residents:

You may have seen a large notice sign on the east side of Boyer Avenue under the SR 520 Portage Bay Bridge.   Other notices have been placed on some street telephone poles.  These notices are for public input for a Seattle Shoreline Permit required for the Bridge reconstruction.  This permit can only cover areas within and 200 feet from Portage Bay that will be impacted by the project.   Bridge reconstruction will last at least 6 years starting in 2024.   It now appears that all construction vehicles will reach just one bridge construction access site.   This is the vacant property on Boyer Avenue that is adjacent to the south side of the Bridge.

The City of Seattle determines the Shoreline Permit conditions.  This is the last chance for public comments to help determine the amount of mitigation that will be required for the project’s impacts.  You must send an  e-mail or letter with your comments by September 10.

E-Mail:  PRC@Seattle.gov   Mailing Address: SDCI/PRC, PO Box 34019 Seattle WA 98124-4019

WSDOT’s web site has not included any information on the permit application.  No public meeting has been scheduled.

Many residents have attended over a decade of meetings discussing project impacts and mitigation opportunities.   Yet, in its permit submittal, WSDOT only proposes to fund:

• • a small shoreline overlook at Boyer Avenue near the Portage Bay Bridge

• • limited shoreline planting at the Montlake Playfield area

• • wood chips or other mulch for a pedestrian trail extension in the Montlake Playfield.

• • replenishing gravel and providing additional mulch for existing footpaths

A group of neighbors have developed talking points and background reports.  These talking points and report information will help you prepare individually written comments.

They include:

• • WSDOT not meeting shoreline permit goals

• • The history of WSDOT’s interest in mitigation

• • Mitigation opportunities in the Montlake Shoreline Plan

• • Mitigation providing a trail to reconnect the Bill Dawson Trail and West Montlake Park

• • Mitigation needed for the substantial impacts at the west end of the Portage Bay Bridge

If you have a question about this information, send an e-mail to melngar@mindspring.com

Talking Point Examples for Comment

(If any of these talking points interest you, please use your own wording.)

• • WSDOT Not Meeting Shoreline Permit Goals (Read Report #1 for additional information)

• • WSDOT’s Shoreline Permit application provides very limited funding to improve the ecological functions of the South Portage Bay wetlands and shoreline areas. (Note: WSDOT did provide funding for wetland mitigation away from South Portage Bay.  An example is between the UW Center for Urban Horticulture and Union Bay.)

• • WSDOT’s Shoreline Permit Application does not promote maximum public access to the South Portage Bay shoreline.

• • Recreational access opportunities exist between the Bill Dawson Trail and West Montlake Park, at the Montlake Playfield, Everett Street end and the shoreline area under and adjacent to the west end of the Portage Bay Bridge.

• • WSDOT’s Shoreline Permit Application does not provide funding to reserve, enhance, and increase views of the water.

Specific mitigation opportunities are listed in the Montlake Playfield shoreline area Talking Points # 3, # 4 and #5 below.

• • History of WSDOT Mitigation Proposals (Read Report #2 for additional Information)

• • WSDOT’s proposed mitigation does not consider the extent of the non-playfield recreation use at the Montlake Playfield.

• • The 2011 Shoreline Permit required implementation of a Recreation and Environmental Improvement Plan (REIP). WSDOT did not include any update to this plan in its permit application.

• • In 2012 WSDOT provided shoreline area improvement plans and drawings in a Seattle Community Design Process. There was no serious commitment to adopt them.

• • In 2019 WSDOT held neighborhood meetings including discussions on project mitigation. The permit application does not include any additional mitigation considered in the meetings.

• • WSDOT will only fund some additional shoreline planting plus gravel and mulch replacement of existing foot paths. WSDOT will also fund wood chips or other mulch for a Montlake Playfield pedestrian trail extension.

• • WSDOT has not considered designing its Portage Bay Bridge reconstruction south side work bridge to save a historic beaver lodge.

• • Montlake Playfield Shoreline Plan (Read Report #3 for additional information)

• • WSDOT has not fully recognized the overall value and purpose of 2006 Montlake Community Park Shoreline Master Plan.

• • Phase 1 of the Master Plan included a boardwalk between the west end of the park property and an Everett Street end park that cannot be implemented. WSDOT had committed $400,000 for this project or for an alternative.   However, the permit application does not include this commitment.

• • WSDOT only funds the 2006 Master Plan’s uncompleted phase 5 pedestrian trail extension between the kayak launch area and the Bill Dawson Trail. WSDOT should also fund the Everett Street end park that was also included in the Master Plan.

• • Since much of the Master Plan has been implemented over a 15-year community effort, WSDOT should provide mitigation funding for additional enhancements. They include:

• • Effective gravel hardening of the principal shoreline trail that includes the meadow loop and a connection with the kayak launch area and the Bill Dawson Trail

• • Providing a raised shoreline viewpoint platform east of the kayak launch

• • Placement of more durable benches

Montlake Playfield to West Montlake Park Pedestrian Trail (Read Report #4 for additional information).

• • This footpath will provide for a 6-mile continuous walking loop. This allows one to walk from the Montlake Playfield to West Montlake Park, then on the Ship Canal pathway to the Arboretum. From the Arboretum one can walk to Interlaken Park, and return to the Montlake Playfield.

• • This footpath also allows one to walk to UW totally avoiding the busy SR 520 Montlake Boulevard intersection.

• • The nature trail would be free of bicycles, and provides access to the public shoreline.

• • This pedestrian trail connection is supported by the Seattle Parks Department.

• • This footpath provides appropriate mitigation for 6 years of closures of the Bill Dawson Trail.  But WSDOT does not propose funding or Bridge design compatibly for this pedestrian trail..

• • WSDOT has stated that connecting the new Bridge bike path to the Bill Dawson trial is appropriate mitigation. But this mitigation does not provide shoreline views or access.

Mitigation Needed at the West Side End of Portage Bay Bridge (Read Report #5 for additional information)

• • The Frolund property, located adjacent to the south side of the bridge, has a steep slope that requires a Shoreline Permit variance. It now appears that it will be principal access area for the Bridge during the entire reconstruction period.  However, there is no mitigation proposed by WSDOT for this impact.

• • Only a small Boyer Avenue viewpoint at this site was proposed before the Frolund property had been considered as the principal bridge construction access site.

• • Creating a shoreline park located under the bridge and on the adjacent Frolund property is appropriate mitigation for the enormous 6+ years of construction vehicle access to this site. The Park will be similar to the South and North Passage Parks at the Ship Canal under I-5.

• • WSDOT had not delineated or provided mitigation for the small wetland at the foot of the Frolund property. WSDOT however does provide mitigation for an equally small wetland located at the east side of the Bill Dawson Trail.

• • Shoreline application Bridge design figure #3, shows drainage outlets at the west shoreline of Portage Bay. The figure does not include any water quality treatment for these outlets.

Report #1

SR 520 Bridge Construction Compliance with Seattle Shoreline Permit Requirements

Permit Authority

The City of Seattle implements the policy and provisions of the WA Shoreline Management Act (RCW 90.58.020) and the Shoreline Goals and Policies of the Seattle Comprehensive Plan. It does so by regulating shoreline development, uses in order to:

1. 1. Protect the ecological functions of the shoreline areas

1. 1. Encourage water-dependent uses

1. 1. Provide for maximum public access to enjoyment of the shorelines of the City

1. 1. Preserve, enhance, and increase views of the water

In accordance with these requirements, WSDOT must receive a Shoreline Permit from the City for the construction of a new SR520 Portage Bay Bridge.  The entire application can be reviewed when clicking on https://web6.seattle.gov/dpd/edms/default.aspx?ref=005956-20PA Then type in record 3038112-LU for more specific project related information. Since the project is an essential public facility (RCW 36.70A.20), the City cannot deny the permit but can condition the project for shoreline permit requirements meeting the above program goals.

WSDOT Permit Submittal Compliance

The 2012 Shoreline Permit required WSDOT to contribute funding for a Phase 5 Portage Bay Montlake Playfield Shoreline Master Plan design.  The plan included trail and viewpoint enhancements. Since the Bridge reconstruction was delayed, the permit and its requirements were not implemented.

Following the Master Plan, the Park area has had 15 years of neighborhood sponsored shoreline habitat and pedestrian trail access improvements.   However, WSDOT only partially recognizes this ongoing program. The WSDOT Shoreline Permit application only provides funding for replenishing gravel and providing wood chips or other mulch for existing footpaths. WSDOT will also purchase wood chips or other mulch for a new pedestrian trail. This footpath will connect the kayak launch area and the Bill Dawson Trail.

The playfield’s shoreline area and adjacent, heavily used soccer field will endure 6 + years of highway construction noise, plus wildlife viewing and recreational water use limitations.  A neighborhood sponsored enhancement plan will provide a more appropriate level of mitigation (See Report #3)

WSDOT does not provide mitigation funding for closures of the existing Bill Dawson trail during project construction.  A new shoreline trail connecting the Bill Dawson Trail with West Montlake Park, supported by Seattle Parks, has been proposed.  So far WSDOT’s Bridge design provides no compatibility for a shoreline trail passage under the Bridge. (See Report #4)

An East Everett Street End Park should also be part of project mitigation. It will provide a kayak launch site that can provide water recreation access both during and after project construction.

On Boyer Avenue East a steep slope shoreline permit variance is needed for the Frolund property (the area between the bridge and the Bayshore Condominium.) This is required to meet Chapter 23.60A of the Seattle Land Use Code.  This property is now proposed as the only access to Portage Bay Bridge reconstruction work bridges needed during 6+ years of project construction.  No specific information on how the property is to be altered is included in the permit application.  Also, no appropriate mitigation for a post construction shoreline park is included.  WSDOT has only proposed a small overlook off of Boyer Avenue for this site.  (See Report #5) 

Report #2

History of WSDOT Mitigation Proposals

• • The 520 bridge crosses South Portage Bay, an environmentally diverse shoreline and wetlands habitat. Montlake Park protects and supports this natural setting that provides recreational hiking and water access.

• • The 2011 Final Environmental Impact

Statement (EIS) and 4(F) documents characterized the Park as a “playfield”, though only 6 of the 27 acre park area is primarily for playfield use.

• • Seattle Parks and Recreation began working with the local community about reclaiming and improving Montlake Park, culminating in a Master Plan Report in 2006. Much of the plan was been accomplished, but there is still much more to do.

• • The 2011 EIS did not consider recent environmental changes in the park, its shoreline and South Portage Bay including those resulting from the neighborhood resident work activities. During the 2011 Shoreline Permit review process, a request was made that a recreational and environmental enhancement plan (REIP) to be prepared by WSDOT.  There is no indication that the plan was completed.

• • In December 2012, WSDOT also engaged in a Seattle Community Design Process (SCDP) working with the City Seattle Design Commission, the West Side Community Design Collaborative and other agencies.  WSDOT presented drawings and a set of designs based on key stakeholder and public input.  They included having public park and recreational use under the bridge, including down the slope to the waterfront and a replacement of the connecting stairway, between Boyer Ave and Delmar Drive.

• • Area residents have also proposed a shoreline footpath connecting the Bill Dawson trail with West Montlake Park, an Everett Street end park and most recently a shoreline park on the property that extends from under the between the Bridge to the Bayshore Condominium. These proposals were discussed in WSDOT community workshops in the summer and fall of 2019.  WSDOT has only committed to provide an overlook viewpoint adjacent Boyer Avenue on this property

• • WSDOT has not included any of these proposals in its current Shoreline Plan submittal. WSDOT only proposes to (1) fund some additional shoreline planting, (2) provide existing footpath gravel and mulch replenishment, (3) provide a Boyer Avenue overlook and (4) complete Phase 5 of Master plan.  Phase 5 is the extension of the primary footpath from the kayak launch site to the Bill Dawson trail.  For Phase 5 WSDOT only will fund the cost of wood chips or other mulch for the extended footpath.

• • A large historical beaver lodge adjacent to the bridge, is scheduled to be demolished. Beavers, while “not federally protected” are an environmental game-changer providing positive impacts on wetland habitat health.  WSDOT has not considered placing the location of the temporary construction work bridge piers to avoid destruction of the lodge.

Report # 3

                                                            Montlake Playfield Shoreline Plan

A Seattle City Department of Neighborhoods grant funded the 2006 Montlake Community Park Shoreline Master Plan.  The plan was completed with extensive nearby resident input.  In 2012, the City issued a Shoreline permit for SR 520 Portage Bridge reconstruction.  The permit included the requirement that WSDOT implement the plan.  WSDOT then delayed construction of the bridge and the 2012 permit was not implemented.

The Montlake Playfield shoreline area has since been enhanced by extensive neighborhood volunteer work efforts that in part were supported by grant funding and other donations.  These activities were focused on implementing the Master Plan.   There have been more than 4,300 Volunteer hours of work removing invasive weeds, mulching, and planting of 130 native trees and 460 native bare root plants.

Completed Master Plan Elements include:

• • Upgrading of Playfield’s kayak launch area with a picnic table

• • Creation of a meadow at the west end of the Park surrounded by extensive plantings of native trees and shrubs

• • Removal of invasive plants along the Playfield shoreline and their replacement wit native trees and shrubs

• • Completing a primary pedestrian trial that connects the meadow with the kayak launch site.  It also includes a meadow loop.

• • Placement of foot trails providing access to shoreline and wildlife viewpoints

Uncompleted Master Plan elements include:

• • A boardwalk connecting the meadow area to the Everett Street end.  Seattle Parks would not agree to its installation as it crosses a water area. WSDOT had committed $400,000 to fund it or an alternative use.

• • A raised platform viewpoint located east of the kayak launch area

• • Completion of the primary pedestrian trail between the kayak launch area and the Bill Dawson Trail.

WSDOT now plans to construct the Portage Bay Bridge starting in 2023 or 2024.  It has submitted a new shoreline permit application.  In it WSDOT proposes providing minimal funding.  WSDOT may fund additional planting and replenish gravel and mulch for the existing footpaths.  WSDOT will also fund a so called fifth phase of the Master Plan to be completed by Seattle Parks.  For this fifth phase, WSDOT proposes only to provide funding for wood chips or other mulch for the uncompleted footpath between the kayak launch area and the Bill Dawson Trail.

Neighbors involved with the shoreline enhancement propose that WSDOT should also fund:

• • The raised platform viewpoint

• • Hardening both the existing and the uncompleted parts of the primary trail with compacted soil overlain by compacted gravel

• • Providing durable benches at viewpoint areas

• • Improving the Everett Street end area as a small park with a kayak launch site
  • 

Report # 4                 

Montlake Playfield Pedestrian Trail to West Montlake Park

This proposed mitigation involves a pedestrian trail reconnecting Montlake Park/Playfield and West Montlake Park.  This footpath will provide direct access to the Montlake Cut ship canal pathway that continues to the UW and across Marsh Island to Foster Island, the Arboretum, Madison Park and Valley and beyond.  This connection existed for decades until the fence around the NOAA property closed it off with a locked gate in the early ‘90s following the bombing of the Oklahoma City Federal Building.  Ever since, there has been a strong desire by area residents to create a footpath along the shoreline to reconnect these two parks without crossing NOAA’s Federal land.  Completing this pedestrian trail link will provide a continuous pedestrian path around south Portage Bay and also a 6-mile loop to the Arboretum, southward to Interlaken Park and returning to Montlake Park.

WSDOT has stated: “In negotiations with NOAA, WSDOT worked very hard to reach to an agreement for right of way needs for the trail connection between West Montlake Park and the Bill Dawson Trail and it was a requirement of NOAA to maintain the fence as its facility is required to be secure.”  The implication was that the proposed footpath crosses NOAA property.  However, this connection to West Montlake Park was already included in the WSDOT/City 2015 Final Design Concept Plan.  The plan noted a short section of the path as “area requiring further study by City.”

The proposed pedestrian trail starts from City property at the Bill Dawson Trail in Montlake Park.  It then follows the shoreline on State property in or around the to-be-newly-reconfigured parking lot under the WSDOT SR 520 Bridge right-of-way.  It then continues along the shoreline to West Montlake Park through Department of Natural Resources (DNR) property.   See figure below.  This low-cost pathway would be ADA compliant as the land is flat and a simple gravel path is considered accessible.  A public right-of-way has already been established across/around the Seattle Yacht Club parking which is leased from DNR.  This footpath need not cross wetlands.  This reconnection pathway would be a public good on public land.

Therefore, the path only traverses Seattle Parks and Recreation (SPR) property plus State (WSDOT and DNR) property.   It does not cross federal NOAA property.  WSDOT misrepresented the situation at a third community stakeholder workshop. This has been confirmed by City staff.  In a more recent meeting with community members, NOAA indicated no aversion to a pedestrian path that does not cross their land.  As for DNR, their policy explicitly states a preference to include public access on their leased lands.  The City’s Office of Planning & Community Development has developed a Proof-of-Concept Design for this Shoreline Permit mitigation proposal.  The SPR Superintendent has directed his strategic advisor to work to implement this pathway.  He stated that SPR appreciates the importance of pedestrian connections to and through our parks.  He recognized the value of this proposal interconnecting City parks as a high SPR priority.

Montlake area residents strongly advocate for this path to be included in the new Shoreline Permit.  Reconnecting Montlake Park/Playfield to West Montlake Park will provide needed mitigation.  This mitigation is needed for the environmental, visual and recreational use impacts of the expanded bridge over Portage Bay and its associated wetlands plus the 6 years of closure of the Bill Dawson Trail.  This pedestrian trail connection is also consistent with the 2012 Shoreline Permit and the 2015 Final Concept Design Report.  It can be argued that the City would be remiss in its duty to implement the Coastal Zone Management Act and its Shoreline code if it did not require this connection.

However, in its current Shoreline Permit submittal, as discussed, WSDOT does not provide design compatibility or written commitment allowing passage of the pedestrian trail under the new Portage Bay Bridge.  The permit application states that the existing Bill Dawson Trail will be improved with a connection to a new bike and pedestrian trail added to the Portage Bay Bridge.  This connection does not provide any Portage Bay water views or accessibility to the shoreline.

WSDOT also does not offer any funding for the shoreline pedestrian trail’s completion.  The Seattle Department of Construction and Inspection will determine what mitigation measures are included in the Shoreline Permit conditions.  Please support this proposed trail connection with your comments.

Report #5

Mitigation Needed on Shoreline at West Side End of the Portage Bay Bridge

WSDOT now is considering using the vacant lot between the Bayshore Condominium and the SR 520 Portage Bay Bridge as the primary access point for the entire 6+ years of Bridge reconstruction.  This lot, now owned by WSDOT, is often called the Frolund property as they were the previous owners.  There is a small wetland on the property shoreline that WSDOT did not delineate and consider for wetland mitigation.

The permit submittal only includes a viewpoint on the Frolund property. WSDOT no longer proposes that the area under the Bridge would have a stormwater treatment linear bioswale.  This would treat highway drainage from the area west of Boyer Avenue.

Project Impacts

In the first phase, the northside (west bound lanes) will be fully built before the southside (east bound lanes) phase of construction.  In conversations with the Bayshore Condominium and marina owners, WSDOT has stated that a large crane, in Portage Bay, near the marina, will receive construction materials from trucks on the Frolund property.  Materials will be lowered to the water level by the crane and then transported under the existing Bridge to a northside work bridge.  This arrangement may be used for the entire Bridge construction. WSDOT’s submitted plans do not indicate how the steep sloped Frolund property will be used.  Extensive regrading, possibly including a retaining wall, would be needed.

WSDOT has stated that it will use its lot west of Eastlake, south of the University Bridge, as a mobilization site.  In a previous community meeting, WSDOT staff also stated that the existing mobilization site off Lake Washington Boulevard near the Arboretum could be used.  There will be 6 + years of heavy construction vehicles using Boyer-Fuhrman Avenues for Frolund property access.  This may occur in evening hours.  Also, Boyer Avenue will have closures during the Bridge reconstruction.  Detour traffic will also use Boyer Avenue during construction of the Delmar Lid and a new 10^th Avenue Bridge.

Needed Mitigation

The Shoreline permit requires a variance for the use of the Frolund property.  To meet the Shoreline permit’s stated goals and requirements, the permit should include tig                           ation that promotes recreational use and public access.  It should also require storm water treatment for all SR 520 runoff. 

The Frolund property, with the adjacent area under the Bridge, can become a public park with shoreline access after Bridge reconstruction. The Frolund property area can provide viewpoints plus kayak and other water use access.  This is similar to the nearby North and South Passage Parks located under I-5 on both sides of the Ship Canal.  Neighborhood input should be included in the design process.