4Mitigated Determination of Non-significance (MDNS) and Adoption of Existing Environmental Document File No. PLN11-0002 Description of current proposal: The Villages MPD Phase 1A Preliminary Plat, a subdivision of 127.3 acres into 413 lots, consistent with the approved Villages Master Planned Development and the Villages MPD Development Agreement. The project will feature 393 residential lots, a 12.5 acre elementary school site (two lots) and 18 lots totaling 14.28 acres for commercial/mixed use. Approx. 22.48 acres of open space will be set aside in parks, trails and landscape tracts. Proponent: BD Village Partners, LP Location of current proposal: The site is located on the south side of SE Auburn-Black Diamond Road, extending west of its intersection with Lake Sawyer Road SE to the western city limits and generally ½ mile to the south. Lead agency: City of Black Diamond Adoptionof Existing Environmental Document: Title of document being adopted: The Villages Master Planned Development Final Environmental Impact Statement (FEIS) Agency that prepared document being adopted: City of Black Diamond Date adopted document was prepared: December 11, 2009 Description of document being adopted: FEIS for a 1,196 acre mixed use development including 4800 dwelling units; 775,000 sq. ft. of retail, office and light industrial uses; and educational, recreational, and open space uses. If the document being adopted has been challenged (WAC 197-11-630), please describe: The FEIS is the subject of a pending appeal: Toward Responsible Development, et al., v. City of Black Diamond, King County Superior Court Cause No. 10-2-35957-5 KNT. The document is available to be read at (place/time): City of Black Diamond Community Development Department, 24301 Roberts Drive, Black Diamond, M-F, 8:30 AM – 5:00 PM. We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decision-maker. Mitigated Determination of Nonsignificance: After review of the FEIS adopted above, the completed environmental checklist, The Villages MPD Phase 1A Preliminary Plat application and related materials, the lead agency has determined the proposal will not have a probable significant adverse impact on the environment if the mitigation measures set forth below are implemented. Therefore, neither a new environmental impact statement (EIS) or a supplemental environmental impact statement (SEIS) is required under RCW 43.21C.030(2)(c) or WAC 197-11-600. This MDNS is issued under WAC 197-11-350; the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by September 14, 2012. Mitigation measures include those required by applicable provisions of the Black Diamond Municipal Code, conditions of the MPD permit approval in Ordinance No. 10-946, The Villages MPD Development Agreement approved in Ordinance No. 11-970, and as imposed by this MDNS. Mitigation measures required by Black Diamond Municipal Code (Exhibit "E" of The Villages MPD Development Agreement): 1. Pursuant to BDMC 19.10.220.D, wetland buffer boundaries adjacent to land within this plat shall be permanently delineated by split-rail fencing and identification signs, as approved by the City. 2. The proponent shall submit a wetland buffer vegetation management plan prepared in accordance with BDMC 19.10.230.F for review and approval prior to the issuance of any site development permits for lands adjacent to wetland buffers. Mitigation measures required by Ordinance 10-946 (The Villages MPD approval): 1. Prior to final plat approval of any division within the Phase 1A Preliminary Plat, the proponent shall re-channelize the south leg of the intersection of SE 288th St. and 216th Ave. SE to provide a refuge/merge area for westbound left-turning vehicles. 2. Stationary construction equipment shall be located distant from sensitive receiving properties wherever possible. Where this is infeasible, or where noise impacts would still be likely to occur, portable noise barriers shall be placed around the equipment (pumps, compressors, welding machines, etc.), with the opening directed away from sensitive receiving properties. 3. All equipment required to use backup alarms shall utilize ambient-sensing alarms that broadcast a warning sound loud enough to be heard over background noise, but without having to use a preset, maximum volume. Alternatively, use broadband backup alarms instead of typical pure tone alarms. 4. Operators shall be required to lift, rather than drag materials wherever feasible. 5. Electric pumps shall be used whenever pumps are required. 6. The proponent shall establish a noise control "hotline" to allow neighbors affected by noise to contact both the City and the construction contractor to ask questions or to complain about violations of the noise reduction program per Condition of Approval No. 41 of The Villages MPD permit. 7. The proponent shall provide construction noise attenuation for existing residents adjoining development parcels Villages V10, V13 and V15 as set forth in Condition of Approval No. 44 of The Villages MPD permit. Mitigation measures required by Ordinance 11-970 (The Villages MPD Development Agreement): 1. Work hours of operation shall be limited to 7:00 a.m. and 7:00 p.m. on weekdays, 9:00 a.m. and 5:00 p.m. on Saturday, and shall be prohibited on Sundays and City holidays, subject to emergency construction and repair needs as set forth in BDMC 8.12.040.C. Other mitigation measures: 1. Wetlands and all required wetland buffers shall be defined as separate tracts in the final plat (BDMC 19.10.150.B). These tracts shall be as shown on the proposed preliminary plat drawings, except as may be modified pursuant to BDMC 19.10.230 prior to final plat approval. 2. Prior to issuance of certificates of occupancy for the 726 ERU (equivalent residential unit), the proponent shall construct a single-lane roundabout at the realigned intersection of Lake Sawyer Rd. SE and SE Auburn-Black Diamond Rd. 3. Prior to issuance of certificates of occupancy for the 327 ERU (equivalent residential unit), the proponent shall install a traffic signal at the intersection of SE Auburn-Black Diamond Rd. and Village Pl. SE (aka Main St.). 4. Prior to the issuance of certificates of occupancy for the 1,128 ERU (equivalent residential unit), the proponent shall construct a single-lane roundabout at the intersection of SE Auburn-Black Diamond Rd. and Villages Parkway SE (aka Community Connector "A"). 5. The proponent shall model and monitor traffic at the midpoint of occupancy of Phase 1A (596 equivalent residential units) and determine what additional requirements may be necessary to comply with the transportation concurrency requirements of the Comprehensive Plan. Name of Agency Adopting Document: City of Black Diamond Responsible official: Steve Pilcher, AICP Position/title: Community Development Director Phone: 360-886-5700 Address: P.O. Box 599, Black Diamond, WA 98010 Date: August 31, 2012 Signature This MDNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date above. Comments must be submitted by September 14, 2012. You may appeal this determination at the Community Development Department, 24301 Roberts Drive, Black Diamond, no later than 5:00 p.m., September 14, 2012 by completing the proper appeal form and paying an appeal fee of $250.00. You should be prepared to make specific factual objections. Contact the Community Development Department at 360-886-5700 to read or ask about the procedures for SEPA appeals. Published in the Covington/Maple Valley/Black Diamond Reporter on August 31, 2012. #669379