December 9, 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: December 9, 2021
RE: Peer Review – Resubmittal (Revision 3)
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 in technical memoranda, dated June 7, 2021 (LAI 2021a) and October 22, 2021 (LAI
2021b).
LAI’s peer-review comments provided in this technical memorandum are based on information
provided in the:
• November 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, Revision 3 (July 2021 Delineation Report; Beaver Creek 2021a)
• November 2, 2021, Final Mitigation Plan for Reasonable Use Permit, P & M Development
Parcels; Parcel #1421039069, 1421039087, & 1421039043; 33305 43rd Avenue SW and
Adjacent East, Revision 2 (September 2021 Mitigation Report; Beaver Creek 2021b).
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.
Peer Review Summary
1) The November 2021 Delineation Report includes sample plot data forms in accordance with
FWRC 19.145.410(2)(c). LAI provides the following comments to the sample plot data forms:
i. The National Wetlands Inventory (NWI) classification in the header on all data forms
should be noted as PFO1C or variation of none/not listed instead of PSSE. NWI
mapping of the study area provided on Figure 3 of the report shows PFO1C wetland in
portion of study area (scale of the figure is not appropriate for confirming
classification of the sample plot locations in relation to the NWI mapped wetland).
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 2 Decenber 9, 2021
ii. LAI requests clarification on field observations of wetland hydrology indicators for all
sampling points. All data forms (with exception of Sampling Point SP 1W) include one
or all responses for field observations of surface water, water table, and saturation as
“No” but with depths at 0 inches. Providing depth of 0 inches implies indicators occur
at ground level in contradiction to “No” response and primary indicators responses.
iii. Form for SP 1U vegetation section contains errors or omissions and requires
clarification. Vegetation observed is not listed, whereas sapling/shrub cover is
identified with 30% cover, notes indicate 100% bare ground, and dominance test
worksheet notes 100% dominant species of OBL, FACW, or FAC species.
iv. Form for Sampling Point SP 1W:
a) The soil profile described does not satisfy the black histic or thick dark surface
indicators selected. LAI’s May 19, 2021 field observations identified loamy mucky
mineral soils in the vicinity of the sampling point.
b) Based on wetland hydrology indicators selected and field observations noted, the
response to question regarding Wetland Hydrology Present? should be “Yes”
instead of “No.”
2) LAI notes that the September 2021 Reasonable Use Narrative referenced in and attached to
the November 2021 Mitigation Report includes discussion of stream buffer whereas
reasonable use exception applies only to wetland buffers. This comment is provided to clarify
for the City the relevant contents of the application.
3) LAI recommends that the mitigation plan sheets included as attachment to the
September 2021 Reasonable Use Narrative referenced in and attached to the November 2021
Mitigation Report be omitted or updated with the approved mitigation plans.
4) LAI notes that the November 2021 Mitigation Report includes repeated sections for Intrusion
into Stream Buffers and Development in Wetland Buffers and suggests update to include
single discussion of each topic.
5) The Development in Wetland Buffers discussion in the November 2021 Mitigation Report
should omit reference to satisfying the provisions of FWRC 19.145.440 but can retain
description of improvements proposed by the enhancements. LAI notes that the project does
not comply with the provisions of FWRC 19.145.440 and that the applicant is seeking
reasonable use exception for wetland buffer intrusion in accordance with FWRC 19.145.090.
6) LAI requests clarification on area of clearing and grading/buffer intrusion on Lot 9043. Sheet 2
of 2 of the Stream Buffer and Wetland Buffer Map Lot 9043 attached to the November 2021
Mitigation Report labels clearing and grading limits in the plan view as 3,350 square feet (SF),
whereas the stream buffer and wetland buffer intrusion tables on the sheet indicate 2,325 SF
of intrusion.
* * * * *
This technical memorandum has been prepared for use by the City in evaluating the adequacy of the
November 2021 Delineation Report, November 2021 Mitigation Report, and supporting
documentation specifically identified herein. The purpose of this review was to assess the adequacy of
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 3 Decenber 9, 2021
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.
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\Nov resubmit\LAI HenryCritical Areas Peer Review Resubmittal_tm - 12-21.docx
References
Beaver Creek. 2021a. 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.
Beaver Creek. 2021b. 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.
LAI. 2021a. 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.
LAI. 2021b. Technical Memorandum: Peer Review - Resubmittal, Henry Reasonable Use - Wetlands
and Drainage Corridors Evaluation & Delineation Report & Conceptual 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. October 22.