June 7, 2021, Technical Memorandum Letter LandauTechnical Memorandum
130 2nd Avenue South • Edmonds, Washington 98020 • (425) 778-0907
TO: Chaney Skandsen, City of Federal Way
FROM: Steven Quarterman
DATE: June 7, 2021
RE: 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)
LAI Project No. 0238094.010
Introduction
This technical memorandum provides Landau Associates, Inc.’s (LAI’s) peer review comments on 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 Report). The April
2021 report was prepared by Beaver Creek Environmental Services, Inc. (Beaver Creek 2021). LAI’s
peer-review comments are on the April 2021 report and associated information provided in the:
• November 10, 2020 Wetlands and Drainage Corridors Evaluation & Delineation Report &
Conceptual Mitigation Plan for Reasonable Use Exception P&M Development Parcels; Parcel
#1421039069, 1421039087, & 1421039043; 33305 43rd Avenue SW and Adjacent East
(November 2020 Report; Beaver Creek 2020b), and
• December 2020 Preliminary Plan Set, prepared by PM Development, LLC (Beaver Creek
2020a).
The assessment evaluated wetland and fish and wildlife habitat at the parcels noted above, referred
to collectively as the subject property.
The purpose of this peer review was to provide a 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
Peer-review comments regarding the April 2021 Report are as follows:
1) LAI staff conducted a reconnaissance of the subject property on May 19, 2021 and agree with
the delineated boundary of Wetland A, as observed at the time of the reconnaissance. LAI
observed flags A4 through A7, as shown on Att. 1 – Critical Areas Designation Map From
Survey in the November 2020 Report, and noted the wetland boundary generally follows the
toe of slope, as shown on the Preliminary Plans. Surface saturation and the water table were
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 2 June 7, 2021
observed in the wetland, as well as dominance of hydrophytic vegetation, and loamy mucky
mineral soil satisfying the hydric soils parameter.
2) LAI agrees with the delineation of Stream A based on observations of flagging present at the
time of the May 19, 2021 reconnaissance. LAI observed flags S1, S2, and A4 through A7, which
were located on the right bank of the stream.
3) LAI concurs with the water type of Stream A (Joes Creek) as Type F (fish habitat stream), based
on observed stream conditions and criteria provided in accordance with Washington
Administrative Code (WAC) 222-16-031.
4) LAI concurs with the general location configuration of Stream B as shown on Att. 1 – Critical
Areas Designation Map From Survey in the November 2020 Report, but was unable to confirm
delineation of the ordinary high water mark, based on a review of the report and Preliminary
Plans. Only one flag (STRM 2) located at the top of the bank was observed at the time of the
reconnaissance, which does not appear to correspond to flagging shown in the November
2021 Report or Preliminary Plans.
5) Based on review of the segment of Stream B on the subject property, LAI observed that the
physical characteristics of this stream satisfy the criteria as a Type F stream (i.e., fish habitat),
as opposed to Type N indicated in the April 2021 Report, and requires a 100-foot buffer per
the FWRC.
Stream type is based on Section 19.145.260 of the FWRC, where streams are classified in
accordance with the Washington Department of Natural Resources (DNR) water-typing system
(WAC 222-16-030). Stream classifications include:
• Type S: Streams inventoried as “shorelines of the state” under Chapter 90.58 of the
Revised Code of Washington (RCW) and the rules promulgated pursuant to Chapter
90.58 RCW
• Type F: Streams that contain fish habitat
• Type Np: Perennial non-fish habitat streams
• Type Ns: Seasonal non-fish habitat streams.
WAC 222-16-030 identifies fish habitat as “… habitat which is used by any fish at any life stage
at any time of the year, including potential habitat likely to be used by fish, which could be
recovered by restoration or management and includes off-channel habitat.”
According to WAC 222-16-030, the Interim Water-Typing System established in
WAC 222-16-031 is to be used until the “fish habitat water-typing maps” are adopted by the
state Forest Practices Board. Water-type descriptions summarized from the Interim Water-
Typing System are as follows:
• “Type 1 Water” means all waters, within their ordinary high water mark (OHWM), as
inventoried as “shorelines of the state” under Chapter 90.58 RCW and the rules
promulgated pursuant to Chapter 90.58 RCW, but not including those waters’
associated wetlands, as defined in Chapter 90.58 RCW.
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 3 June 7, 2021
• “Type 2 Water” means segments of natural waters that are not classified as Type 1
Water and have a high fish, wildlife, or human use. These are segments of natural
waters and periodically inundated areas of their associated wetlands.
• “Type 3 Water” means segments of natural waters that are not classified as Type 1
or 2 Water and have a moderate to slight fish, wildlife, or human use. These are
segments of natural waters and periodically inundated areas of their associated
wetlands.
• “Type 4 Water” means all segments of natural waters within the bankfull width of
defined channels that are perennial, non-fish habitat streams. Perennial streams are
flowing waters that do not go dry during any time of a year of normal rainfall and
include the intermittent dry portions of the perennial channel below the uppermost
point of perennial flow.
• “Type 5 Waters” means all segments of natural waters within the bankfull width of the
defined channels that are not Type 1, 2, 3, or 4 Waters. These are seasonal, non-fish
habitat streams in which surface flow is not present for at least some portion of the
year and are not located downstream from any stream reach that is a Type 4 Water.
Type 5 Waters must be physically connected by an aboveground channel system to
Type 1, 2, 3, or 4 Waters.
Conversion of the interim water-typing system to the permanent water-typing system, as
provided in WAC 222-16-031, is as follows:
Water Type Conversion
Permanent Water Typing Interim Water Typing
Type “S” Type 1 Water
Type “F” Types 2 and 3 Water
Type “Np” Type 4 Water
Type “Ns” Type 5 Water
In accordance with WAC 222-16-031, waters having any of the following physical stream
characteristics are presumed to have fish use:
a. Stream segments having a defined channel of 2 feet or greater within the bankfull
width in western Washington and having a gradient of 16 percent or less.
b. Stream segments having a defined channel of 2 feet or greater within the bankfull
width in western Washington and having a gradient greater than 16 percent and less
than or equal to 20 percent and having greater than 50 acres in contributing basin size
in western Washington based on hydrographic boundaries.
Bankfull width is identified using the guidance provided in “Section 2: Standard Methods for
Identifying Bankfull Channel Features and Channel Migration Zones” of the Forest Practices
Board Manual (WDNR 2004). Bankfull width for streams is the lateral extent of the water
surface elevation perpendicular to the channel at bankfull depth; where bankfull depth is the
estimated water surface elevation required to completely fill the channel to the point above
which water would enter the floodplain or intersect a terrace or hillslope.
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 4 June 7, 2021
The DNR guidance provides alternatives for making fish use determinations. The guidance
states: “Where field surveys for determining fish use have not been done, water type is
determined by applying the physical characteristics contained in WAC 222-16-031(3). The
DNR, in consultation with the Washington Department of Fish and Wildlife (WDFW),
Washington State Department of Ecology (DOE), and affected Indian tribes, may waive or
modify these characteristics where evidence provides relative certainty that such waters do
not support fish life.” While observed physical characteristics of the onsite segment of stream
appear to satisfy the criteria to support fish life as referenced in WAC 222.16-031(3), LAI is not
aware of any available information indicating that water quality in the delineated stream
cannot support fish life.
Based on observations, the slope of Stream B appears to be less than 16 percent and the
estimated bankfull width is greater than 2 feet.
6) LAI requests confirmation that stream buffer width measurements are based on distance from
the ordinary high water mark of Stream A and Stream B. LAI assumes that Att. 1 – Critical
Areas Designation Map From Survey of the November 2020 Report shows the centerline of
streams (i.e., “CL Stream”) as opposed to the OHWM. In accordance with FWRC 19.145.270
(1), buffer widths shall be measured outward on a horizontal plane from the OHWM or top of
bank, if the OHWM cannot be identified.
7) LAI requests labels for Wetland A, Stream A, and Stream B be added to project figures. While
the location of these features can generally be identified based on text description in the April
2021 Report, no labels are included on figures in the reports or Preliminary Plans.
8) LAI is clarifying that two wetland areas are mapped by National Wetland Inventory (NWI) on
the subject property. In addition to the R4SBC habitat referenced in the April 2021 Report,
Figure 3 – Nat’l Wetland Inventory Map of the November 2020 Report includes a portion of
PFO1C habitat intersecting the northern portion of the subject property.
9) LAI requests confirmation of the rating of Wetland A and associated buffer width provided
concurrence on corrections and review of information requested in support of the rating form
provided below:
i. D 1.2 should be noted as “Yes” with corresponding points of 4. The April 2021
Report indicates the presence of peat (i.e., true organic layer) in the wetland. This
change provides water quality function rating of site potential as “High.”
ii. Figure showing hydroperiod for entire wetland unit is required in support of D 1.4
and H 1.2. Figure 2 – Hydroperiod is limited to the southern limit of the wetland in
the vicinity of the subject property.
iii. Please specify other sources of pollutants associated with D2.4. LAI notes that any
change to this question will not affect the rating for Landscape Potential.
iv. Wetland A is not a headwater wetland as indicated in D 4.2 due to inflow from
Stream A, and the range in depth of storage during wet period will need to be
indicated. In accordance with the wetland rating manual, “To identify if the wetland
is a headwater wetland, use the information collected in question D 1.1. If the
wetland has a permanent or seasonal outflow through a defined channel but NO
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 5 June 7, 2021
inflow from a permanent or seasonal channel, it is a headwater wetland for the
purposes of this rating.”
v. A figure showing Cowardin plant classes for the entire wetland unit is required in
support of H 1.1. Figure 1 – Cowardin Plant Class provided in the April 2021 Report
does not include the entire wetland unit and it is not clear if Emergent and Scrub-
Shrub should be selected in H 1.1. LAI observed an Emergent component of the
wetland but it is not clear if the size threshold is satisfied for the selection on the
rating form. As noted above, NWI mapping identifies the wetland as forested
(PFO1C). LAI notes that any change to this question will not affect the habitat rating
for Site Potential.
vi. LAI cannot confirm the response to question H 2.1 based on the figures provided.
Based on Figure 5 – 1 Km Ply with Accessible & Undisturbed, it does not appear that
any area of accessible undisturbed habitat is contiguous with the wetland unit;
however, the extent of the wetland unit is not shown on the figure.
vii. H 3.1 should be provided 2 points and a corresponding rating value of “High.” The
wetland unit has three or more priority habitats within 100 meters. In addition to
the riparian and snags and logs priority habitats selected, instream (i.e., Stream A) is
also present.
10) LAI confirmed the wetland rating noted above. The wetland buffer shown on Att. 1 –
Critical Areas Designation Map From Survey should be 150 feet as opposed to 165 feet.
11) The April 2021 Report does not satisfy all of the evaluation criteria provided in FWRC
19.145.080(2), specifically items:
(c) The dates, names, and qualifications of the persons preparing the report and
documentation of any reconnaissance on site;
• Qualifications of the persons preparing the report are not provided.
(d) A scaled site plan depicting critical areas, buffers, setbacks, and proposed
improvements;
• LAI notes that the November 2021 Report and Preliminary Plans identify wetland
and stream buffers and proposed improvements; however, setbacks relative to
the proposed improvements are not shown.
(e) Photographs of the site and critical areas
• LAI notes that the Preliminary Plan Set includes reference to site photographs;
however, the photographs were not provided for review and it is unclear if they
show the identified critical areas. Attached photographs from LAI’s reconnaissance
may be used to fulfill this requirement.
(g) A description of efforts made to apply mitigation sequencing pursuant to FWRC
19.145.130 to avoid, minimize, and mitigate impacts to critical areas;
• LAI notes that the April 2021 Report refers to the mitigation sequence but does
not provide evaluation for each step of the sequence.
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 6 June 7, 2021
12) The April 2021 Report does not satisfy all of the evaluation criteria provided in FWRC
19.145.410(2), specifically items (c), (e), and, if necessary, (f):
(c) Documentation of fieldwork, including field data sheets, rating system forms, and
baseline hydrologic data
• LAI acknowledges the April 2021 Report includes data form SP 1W. However, this
sampling point is not shown on Att. 1 – Critical Areas Designation Map From
Survey of the November 2020 Report, and the data forms for sampling points
shown on the figure are not provided.
(e) Identification and characterization of all wetlands and buffers on and within 225 feet of
the subject property. For off-site areas with limited or no access, estimate conditions
using best available information.
• LAI acknowledges the April 2021 Report includes discussion of Offsite Wetlands
(page 5 of the report) but is not clear on the extent included in the evaluation, and
the extent of Wetland A and associated buffer should be shown within 225 feet of
the subject property.
(f) Provide the following for each wetland identified on and/or within 225 feet of the
subject property. Acreage estimates, classifications, and ratings shall be based on
entire wetland complexes, not only the portion present on the subject property:
i. Wetland rating and score for each function;
ii. Required buffers;
iii. Hydrogeomorphic classification;
iv. Wetland acreage;
v. Cowardin classification of vegetation communities;
vi. Habitat elements;
vii. Soil conditions based on site assessment and/or soil survey information; and
viii. To the extent possible, hydrologic information such as location and condition of
inlet/outlets, estimated water depths within the wetland, and estimated
hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, and flood
debris).
13) The buffer impact assessment must include the extent of development on the subject
property and differentiate between wetland and stream buffers. The impact area analysis
in the November 2020 and April 2021 Reports is limited to the proposed building
footprints, and the extent of paving and other features that directly or indirectly impact
buffers need to be included as part of impacts. Impacts should also consider those areas
of functional buffer that would no longer be contiguous with the stream/wetland as a
result of development. LAI notes that the entirety of the subject property proposed for
development may be encumbered by wetland buffer but is not completely encumbered
by stream buffer.
14) LAI requests that measurement of wetland buffer encroachment be shown to support that
application of FWRC 19.145.440(5) and (6) is not feasible.
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 7 June 7, 2021
15) Project evaluation for stream buffer intrusion in accordance with FWRC 19.145.330 is
required. It is LAI’s understanding that application of reasonable use criteria in FWRC
19.145.090 would apply if a waiver from FWRC 19.145.330 is required.
16) Additional project evaluation for stream crossing criteria in accordance with FWRC
19.145.320(2) is required. LAI acknowledges that the April 2021 report provides
evaluation of criteria in FWRC 19.145.320(2)(g) and (h), however:
i. The depth of scour for the base flood as predicted by a civil engineer is required as
referenced in FWRC 19.145.320(2)(g). The April 2021 Report and Preliminary Plans
indicate the proposed utility line will be located 4 feet below the creek, but do not
identify scour depth.
ii. Criteria provided in FWRC 19.145.320(i) and (j) are also applicable.
17) The Mitigation Planting Area on Att. 1a – Project Impacy (sic) & Mitigation Area Map From
Survey appears to extend across Stream A and Wetland A, and would not be counted
toward buffer enhancement.
18) Subsequent mitigation plans will be required to include the mitigation plan requirements
in FWRC 19.145.140. LAI understands the intent of the April 2021 Report is to present a
conceptual mitigation plan, and that a more detailed plan will be provided following City
concurrence on the conceptual plan. Revisions to the conceptual mitigation plan are
required, as noted in the comments above.
19) LAI requests that subsequent revisions include compilation of all existing and corrected
items. Consolidation of report components, including sample plot data forms, rating
forms, and associated figures into a single report will help to facilitate efficient review.
* * * * *
This technical memorandum has been prepared for use by the City in evaluating the adequacy of the
summary of the April 2021 baseline conditions presented in the April 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 report and supporting documentation. 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
Landau Associates
Peer Review – Henry Reasonable Use
Wetland Delineation Report – Federal Way, Washington 8 June 7, 2021
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
\\edmdata01\projects\238\094\R\LAI HenryCritical Areas Peer Review_tm - 06-07-21.docx
References
Beaver Creek. 2020a. Preliminary Plan Set: Henry-Moore Reasonable Use, Single Family Lot 142103-
9069, 333rd Place/43rd Avenue SW, Federal Way, Washington 98023. Beaver Creek
Environmental Services, Inc. December 4, Resubmitted April 2, 2021.
Beaver Creek. 2020b. 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. November 10.
Beaver Creek. 2021. Revision 1: 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. April 2.
WDNR. 2004. Forest Practices Board Manual. Section 2: Standard Methods for Identifying Bankfull
Channel Features and Channel Migration Zones. Washington Department of Natural Resources.
November. https://www.dnr.wa.gov/publications/bc_fpb_bmsection2.pdf.
Attachment
Attachment 1: Site Photographs
ATTACHMENT 1
Site Photographs
Figure 1-1 Site Photographs
05/26/21 P:\238\094\R\HenryCritical Areas Peer Review_Att1-1.docx
Peer Review
Henry Reasonable Use
Federal Way, Washington
1. Stream A, facing southeast near southern border of
subject property. 2. Stream B, facing east.
Figure 1-2 Site Photographs 05/26/21 P:\238\094\R\HenryCritical Areas Peer Review_Att1-2.docx Peer Review
Henry Reasonable Use
Federal Way, Washington
3. Wetland A, facing northeast from southern portion of wetland.
4. Subject property upland.