Exhibit T - Ecology SEA Program Comments - Summit View Estates aka Summit at Steel Lake Preliminary Plat Files 21-102770-SU &From: Molstad, Neil (ECY) <NEMO461@ECY.WA.GOV>
Sent: Friday, September 30, 2022 8:27 AM
To: Natalie Kamieniecki; Brian Davis
Cc: evan@soundbuilthomes.com; ECY RE NW SEPA (NWRO)
Subject: Ecology SEA Program Comments - Summit View Estates aka Summit at Steel
Lake Preliminary Plat Files 21-102770-SU & 21-102841-SE SEPA Number
202204799
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Hello,
On behalf of Ecology’s Shorelands and Environmental Assistance (SEA( Program, I am providing the
following comments regarding the City of Federal Way’s SEPA Determination of Nonsignificance (DNS)
decision for the Summit View Estates aka Summit at Steel Lake Preliminary Plat:
On June 17, 2021, Ecology received a Pre-Filing Meeting Request for a Section 401 Water Quality
Certification for the Summit at Steel Lake Property. The reason for this request was for permission to fill
in approximately 1,300 square feet of wetlands on the property. The project description provided to
Ecology is as follows:
The Summit at Steel Lake property (King County Tax Parcel Number 0521049033) is an approximately 6-
acre parcel located at the northeastern corner of the intersection of South 304th Street and 11th Avenue
South in Federal Way, Washington. The property is currently undeveloped. Two wetlands were confirmed
on the property. Both wetlands are Category IV depressional wetlands with habitat scores of 7. Proposed
development includes 24 single-family residences and a new road extending northward from South 304th
Street. The proposed development will need to fill the two on-site wetlands; protecting the wetlands with
their associated buffers would eliminate approximately 10 of the proposed 24 lots, thus making the
project infeasible. Since the entire property will be developed, it will not be possible to mitigate for the
wetland fill on-site. Therefore, mitigation will occur through the purchase of credits from an accredited
wetland mitigation bank whose service area includes the site, or purchase of credits from the King
County In-lieu Fee program.
No formal Section 401 Water Quality Certification Request was ever received for this project by Ecology,
and the SEPA checklist for the project, submitted to the city on July 9, 2021, says the following regarding
the presence of wetlands within the project area:
a. Surface Water:
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. To the applicant’s knowledge there are no surface
water bodies in the immediate vicinity of the site.
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. No, it will not.
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. None.
Any wetlands delineated on this property would be considered waters of the state subject to the
applicable requirements of state law (see RCW 90.48 and WAC 173.201A) and possibly require a permit
under Section 401 of the Clean Water Act (33 USC §1341) and 40 CFR Section 121.2). If the wetlands are
determined to be not subject to federal government jurisdiction, they remain state jurisdictional
wetlands and will require permitting by Ecology and, potentially, the City of Federal Way in regards to
applicable local critical areas requirements.
Ecology’s SEA program recommends that the City of Federal Way refrain from issuing permits or
permissions that could potentially impacts the on-site wetlands until all required permissions/permits
for the proposed wetland impacts are obtained.
Please feel free to contact me with any questions regarding the above comments.
Regards,
Neil Molstad
Neil Molstad, PWS (he/him)
Wetland Specialist – Northwest Regional Office
Shorelands and Environmental Assistance Program
Washington State Department of Ecology
Cell 425.389.5549 | neil.molstad@ECY.WA.GOV
This communication is a public record and may be subject to disclosure per RCW 42.56.