October 22, 2021, Technical Memorandum from LandauTechnical Memorandum
155 NE 100th St, Ste 302 • Seattle, WA 98125 • 206.631.8680
TO: Chaney Skandsen, City of Federal Way
FROM: Steven Quarterman
DATE: October 22, 2021
RE: Peer Review – Resubmittal
Henry Reasonable Use — Wetlands and Drainage Corridors Evaluation &
Delineation Report & Conceptual Wetland Mitigation Plan
33305 43rd Avenue SW, Federal Way, Washington
Parcel Nos. 1421039043, 1421039069, 1421039087
(File Nos. 21-100016, 21-100017, 20-104505)
LAI Project No. 0238094.010
Introduction
This technical memorandum provides Landau Associates, Inc.’s (LAI’s) peer review comments on
resubmitted documents associated with the above-referenced project. LAI previously provided peer
review comments to the April 2, 2021 Wetlands and Drainage Corridors Evaluation & Delineation
Report & Conceptual Wetland Mitigation Plan for Reasonable Use Exception, P & M Development
Parcels; Parcel #1421039069, 1421039087, & 1421039043; 33305 43rd Avenue SW and Adjacent East
(April 2021 Delineation Report) in a technical memorandum, dated June 7, 2021 (LAI 2021).
LAI’s peer-review comments provided in this technical memorandum are based on information
provided in the:
• July 6, 2021, Wetlands and Drainage Corridors Evaluation & Delineation Report & Conceptual
Wetland Mitigation Plan for Reasonable Use Exception, P & M Development Parcels;
Parcel #1421039069, 1421039087, & 1421039043; 33305 43rd Avenue SW and Adjacent East,
Revision 2 (July 2021 Delineation Report; Beaver Creek 2021b)
• September 17, 2021, Final Mitigation Plan for Reasonable Use Permit, P & M Development
Parcels; Parcel #1421039069, 1421039087, & 1421039043; 33305 43rd Avenue SW and
Adjacent East, Revision 1 (September 2021 Mitigation Report; Beaver Creek 2021a)
• September 15, 2021, Stormwater Narrative Henry Reasonable Use, Process III (September
2021 Stormwater Narrative; P & M Development 2021b)
• September 15, 2021, Henry Reasonable Use (Burden of Proof) (September 2021 Reasonable
Use Narrative; P & M Development 2021a).
The scope of this peer review was limited to professional opinion regarding applicable regulatory
requirements in the City of Federal Way (City) Revised Code (FWRC) Title 19.145 (Environmentally
Critical Areas), specific to Article III, Fish and Wildlife Habitat Conservation Areas and Article IV,
Wetlands.
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 2 October 22, 2021
Peer Review Summary
1) The July 2021 Delineation Report does not satisfy all of the evaluation criteria provided in
FWRC 19.145.410(2), specifically item (c):
(c) Documentation of fieldwork, including field data sheets, rating system forms, and
baseline hydrologic data
• LAI acknowledges the April 2021 Report includes the data form for sampling
point SP 1W. However, the location of this sampling point is not shown in the
April 2021 Report or the July 2021 Delineation Report Att. 1a – Wetland
Delineation Map From Survey. No data forms are provided in the July 2021
Delineation Report.
2) LAI requests confirmation that the area of the dispersion trench associated with the Flow
Control BMP [Best Management Practice] Vegetated Flow Paths is not included in calculation
of “stormwater enhancements” identified in the Wetland Buffer Impact and Mitigation Area
Analysis presented in the September 2021 Mitigation Report and associated Stream Buffer
and Wetland Buffer maps for each parcel. The location of the dispersion trench is not shown
on the plans, and as an engineered feature a dispersion trench is not counted as mitigation.
Furthermore, the dispersion trench should be counted as impact area in the buffers.
3) LAI notes that the September 2021 Reasonable Use Narrative provides an evaluation of
wetland buffer functional assessment in the Development in Wetland Buffers discussion and
that an evaluation of stream buffer functions in accordance with FWRC 19.145.330(2) is
provided in the Intrusion into Stream Buffers discussion. Discussion of stream buffer functions
in accordance with FWRC 19.145.330(2) would be better situated in the September 2021
Mitigation Report or otherwise separate from the September 2021 Reasonable Use Narrative
since evaluation of reasonable use criteria for the proposed stream buffer impacts does not
apply. Furthermore, the mitigation functional comparison provided in table format in the
September 2021 Mitigation Report cannot be substantiated and does not appear to be
applicable to wetland buffer functions. The table references sources specific to wetland
functions and no site-specific support is provided for the classifications noted. This comment
is provided to clarify for the City where relevant contents of the application are located.
4) Performance criteria A1 and A2 in the September 2021 Mitigation Report shall also include
survivability standards for installed trees. As currently presented, only survivability of shrubs is
specified in these performance criteria.
5) LAI requests clarification on mitigation activities proposed in the 400-square-foot area shown
for Parcel -9043 and 3,250-square-foot area shown for Parcel -9087, as shown on the
respective Stream Buffer and Wetland Buffer maps for each parcel provided in the
September 2021 Mitigation Report. A portion of these mitigation areas is shown in Stream A
and it is not clear if in-stream activities are proposed as none are discussed in the September
2021 Mitigation Report text and proposed plantings do not appear to be appropriate for
installation in a stream.
6) LAI requests that 1,240 square feet of wetland enhancement on Lot 9087 and 2,760 square
feet of wetland enhancement on Lot 9069 be removed from the calculation of wetland buffer
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 3 October 22, 2021
enhancements, and mitigation ratios updated accordingly. Enhancements to a wetland do not
apply to wetland buffers.
7) LAI requests areas of existing gravel road be removed from the calculation of buffer impacts.
LAI notes that areas of existing gravel road appear to be included in calculations of buffer
impacts in the Stream Buffer and Wetland Buffer maps for each parcel provided in the
September 2021 Mitigation Report. The existing gravel road within wetland buffer and stream
buffer is considered a Permanently Altered Buffer in accordance with FWRC 19.145.440(4) and
19.145.270(4), respectively.
8) The wetland buffer mitigation shown on the Stream Buffer and Wetland Buffer maps for
Parcel -9043 provided in the September 2021 Mitigation Report shall be re-evaluated. The
Stormwater Native Vegetation Flow Path (NVFP ) on Parcel -9043 does not count toward
1,515 square feet of wetland buffer enhancement since the area is separated from Wetland A
by the existing gravel road and proposed access road. Furthermore, it is not clear why the
proposed mitigation north of the proposed residence is limited to a 400-square-foot area on
the parcel. LAI requests that the applicant evaluate the potential for enhancements in a larger
area on this parcel between Stream A, the proposed building setback, and areas of buffer
contiguous with Wetland A with the goal of providing a minimum mitigation ratio of 1:1.
9) The section on Development in Wetland Buffers in the September 2021 Stormwater Narrative
regarding application of buffer reduction with enhancement in accordance with FWRC
19.145.440(6) does not apply and is not an accurate application of the code. Buffer reduction
in reference to FWRC 19.145.440(6) is based on the width of the buffer as opposed to the area
of intrusion identified in the narrative. LAI understands that FWRC 19.145.440 applies to sites
that accommodate the standard buffer width, and that the applicant is seeking a Reasonable
Use exception for wetland buffer intrusion since criteria in FWRC 19.145.440 (5) and (6)
cannot be satisfied.
* * * * *
This technical memorandum has been prepared for use by the City in evaluating the adequacy of the
July 2021 Delineation Report, September 2021 Mitigation Report, and supporting documentation
specifically identified herein. The purpose of this review was to assess the adequacy of the submitted
documents for compliance with City requirements, as promulgated in FWRC Title 19, and
conformance with conventionally accepted wetland/waterway delineation practices.
No other party is entitled to rely on the information, conclusions, and recommendations included in
this document without the express written consent of LAI. Further, the reuse of information,
conclusions, and recommendations provided herein for extensions of the project or for any other
project, without review and authorization by LAI, shall be at the user’s sole risk. LAI warrants that
within the limitations of scope, schedule, and budget, these services have been provided in a manner
consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing in the same locality under similar conditions as this project. LAI makes no other warranty,
either express or implied.
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 4 October 22, 2021
LAI appreciates this opportunity to be of service to the City. Please contact me if you have any
questions or if I may be of further service.
LANDAU ASSOCIATES, INC.
Steven Quarterman
Senior Associate
SJQ/JAF/ccy
P:\238\094\R\October 2021 Resubmittal\LAI HenryCritical Areas Peer Review Resubmittal_tm - 10-22-21.docx
References
Beaver Creek. 2021a. Revision 1: Final Mitigation Plan for Reasonable Use Permit, P & M Development
Parcels, Parcel #1421039069, 1421039087, & 1421039043, 33305 43rd Avenue SW and Adjacent
East, City of Federal Way, Washington. Beaver Creek Environmental Services. September 17.
Beaver Creek. 2021b. Revision 2: Wetlands and Drainage Corridors Evaluation & Delineation Report &
Conceptual Wetland Mitigation Plan for Reasonable Use Exception, P & M Development Parcels,
Parcel #1421039069, 1421039087, & 1421039043, 33305 43rd Avenue SW and Adjacent East, City
of Federal Way, Washington. Beaver Creek Environmental Services, Inc. July 6.
LAI. 2021. Technical Memorandum: Peer Review, Henry Reasonable Use - Wetlands and Drainage
Corridors Evaluation & Delineation Report & Conceptual Wetland Mitigation Plan, 33305 43rd
Avenue SW, Federal Way, Washington, Parcel Nos. 1421039043, 1421039069, 1421039087 (File
Nos. 21-100016, 21-100017, 20-104505). Landau Associates, Inc. June 7.
P & M Development. 2021a. Letter: Henry Reasonable Use (Burden of Proof), Process III, 20-105405-
UP, 21-100016-UP, 21-100017-UP. From Michelle Henry, P & M Development, LLC, to Chaney
Skadsen, Department of Community Development, City of Federal Way. September 15.
P & M Development. 2021b. Technical Memorandum: Stormwater Narrative, Henry Reasonable Use,
Process III, Applications 20-105405-UP, 21-100016-UP, 21-100017-UP. P & M Development, LLC.
September 15.