03-103310 /hi, CITY of CITY HALL
. Federal Way 33530 1st Way South•PO Box 9718
Federal Way,WA 98063-9718
(253)661-4000
www cityoffederal wa y.corn
Mr.Tres Kirkebo August 29,2003
Apex Engineering - rim
2601 South 35th Street, Suite 200 +;m
Mad
Tacoma, WA 98409 a
Re: File#03-103310-00-AD;Bulkhead Inquiry; 2876 SW 300`h Place
Dear Mr. Kirkebo:
This letter is in response to your August 12, 2003,e-mail requesting information about the above
referenced address. Specifically,you requested suggestions on how to move forward with bulkhead
process and the City's position on the granting of such a permit.
Your letter states your client, "...is looking to demolish an existing home and garage on a shoreline lot and
construct a single family residence along with a protective bulkhead.It appears the waterward part of the
property has been exposed to a history of significant erosion and the applicant wishes to address the state
of erosion before the condition grows worse."You also note,"...the applicant is willing to consider the
use of environmentally friendly alternatives to conventional concrete bulkheads to achieve this purpose."
The lot in question is located on Puget Sound, is zoned Residential Single Family(RS-7.2),and is within
a Rural Environment Shoreline Designation according to the Federal Way zoning map.The purpose of
the rural shoreline designation is one that insures optimal utilization of the shorelines by permitting
intensive use and by managing development so that is enhances and maintains the shorelines.'
The lot has a low bank,approximately five feet in height, which separates the beach from the building lot
with an existing single-family residence?Unimproved City right-of-way is west of the site,and a lot
developed with a single-family residence is east of the subject site.Minor erosion from an uncontrolled
drain line was noted at the northeast corner of the site. Based on a site visit by staff and review of
applicable codes,the following information is provided.
I. SHORELINE PROTECTION
All work within 200 feet of the ordinary high water mark is regulated under the Federal Way City
Code(FWCC)and RCW 90.580.030,3 and requires appropriate review. Shoreline protection is
permitted within rural environment areas subject to the provisions of FWCC Section 18-165(i),
which states that bulkheads shall not be considered an outright permitted use on the Puget Sound
Shoreline. Under WAC 173.27.040.2(c),a"normal protective"bulkhead includes those structural
and nonstructural developments installed at,or near and parallel to,the ordinary high water mark for
the sole purpose of protecting single-family residences and appurtenant structures from loss or
damage by erosion.
Federal Way City Code Section 18-165(a),"Rural Environment"
2 The beach also contains numerous large rocks and a large log.
3 Definition of shorelands
Mr.Tres Kirkebo
Page 2
August 29,2003
As bulkheads are not permitted outright,the applicant must demonstrate that a bulkhead is necessary
to protect single-family residences and appurtenant structures from loss or damage by erosion in
order for the City to permit any kind of bulkhead on the shoreline.The City is required to review
proposed bulkhead design as it relates to local physical conditions and the shoreline master program,
and must find that the criteria of FWCC Section 18-165(i)(1)(a through d)and FWCC Section 18-
165(i)(3),4 are met. Copies of the shoreline environments section of the Federal Way Comprehensive
Plan(FWCP)and FWCC Chapter 18 are enclosed.
A) Non-Structural Methods—A technical evaluation prepared by a licensed shoreline professional
shall be conducted to determine if shoreline stabilization is warranted in order to protect an
existing single-family residence or appurtenant structure from loss or damage by erosion. If the
analysis finds that shoreline stabilization is indeed warranted, an analysis of non-structural
methods of shoreline stabilization must be conducted. This analysis must evaluate the potential
for those non-structural methods of stabilization in lieu of a concrete bulkhead pursuant to
FWCC Section 18-165(i), "Shoreline Protection,"and FWCP Section 2.8.5,"Shoreline Master
Program"policies, including but not limited to,LUP93, LUP95,LUP99,LUP127,LUP132,
LUP133, and LUP 134.
If the report finds that non-structural shoreline stabilization methods such as vegetative growth
stabilization,gravel berms, and beach nourishment are warranted,the applicant shall file a
shoreline substantial development permit exemption request for the non-structural stabilization
methods,as well as submit a State Environmental Policy Act(SEPA)checklist for evaluation.
If the proposal is not exempt from the shoreline substantial development permit,the applicant
may apply for shoreline substantial development permit. However, if the proposal does not
meet the shoreline substantial development exemption criteria, it likely will not meet the
criteria for approval through the shoreline substantial development permit process. Since the
site is currently developed with a single-family use that will be demolished and a new single-
family residence constructed,the siting of the new single-family residence should consider any
erosion at the site.
B) Other Methods—Only if the report finds non-structural methods will not work to stabilize the
site;then other methods such as concrete bulkheads may be considered.Those structural
methods also require review of a SEPA checklist and shoreline substantial development permit
exemption request.
-As stated above, if a proposal is not exempt from the shoreline substantial development permit,
then you may apply for shoreline substantial development permit. However, if it does not meet
the shoreline substantial development exemption criteria, it likely will not meet the criteria for
approval through the shoreline substantial development permit process. Again, since the site is
currently developed with a single-family use that will be demolished and a new single-family
residence constructed, siting of the new single-family residence should consider any erosion at
the site.
4 Shoreline protection shall not have an adverse impact on other properties and shall be designed so as not to create a need for
shoreline protection elsewhere.
File M03-103310-00-AD Doc.LD. 24408
M
Mr.Tres Kirkebo
Page 3
August 29,2003
C) Preapplication Conference—Any work that is subject to environmental review under SEPA
requires a preapplication conference under FWCC Chapter 22,Article XX. A preapplication
handout and master land use application are enclosed.
D) Resources—The Washington State Department of Ecology has a publication titled Alternative
Bank Protection Methods on Puget Sound that contains environmentally friendly shoreline
stabilization projects.This document is available in hard copy form from Ecology Publications
at 360-407-7472. It is also available online at http://www/ecy.wa.gov/biblio/0006012a.html.
Those consultants whose projects are featured may be a useful resource for your clients' project.
SUMMARY
As stated above, a shoreline substantial development permit exemption cannot be considered for any
shoreline work that does not protect an existing single-family residence or appurtenant structure. If
the proposal is not exempt from the shoreline substantial development permit,then you may apply for
shoreline substantial development permit. However, if the proposal does not meet the shoreline
substantial development exemption criteria, it likely will not meet the criteria for approval through the
shoreline substantial development permit process.Any proposed bulkhead requires comprehensive
review of several varied components.Any time you wish to meet with staff to review the collected
information,I would be glad to set up a meeting.
II. GEOLOGICALLY HAZARDOUS AREA DEVELOPMENT
According to the City's Environmentally Sensitive Areas map,the site is located within an erosion
hazard area, with soils classified as InC—Indianola Loamy Fine Sand. Erosion hazard areas meet the
definition of a geologically hazardous area and as such are regulated under FWCC.Pursuant to
FWCC Section 22-1286,"Geologically Hazardous Areas Development,"any development activity
may not occur on or within 25 feet of a geologically hazardous area unless no reasonable alternative
exists,and then only if the development activity will not lead to or create any increased erosion
hazard. A soils report prepared by a qualified engineer licensed in the State of Washington must
address the criteria of FWCC Section 22-1286(c)(1)(a-e), and provide recommended foundation
design and recommended methods for mitigating identified impacts.
III. FEES
The filing fee to process an environmental SEPA checklist is $1,486.00, shoreline exemption
determination fees are $71.50, and shoreline substantial development permit fees are$2,294.50, plus
additional fees based on the value of the project.5
IV. REVIEW OF TECHNICAL INFORMATION
Please be advised that the City does not have geotechnical engineers on staff and contracts with an
outside consultant for this review. Pursuant to FWCC Section 22-1243,the applicant will be
obligated to reimburse the City for any geotechnical project review based on a predetermined scope
of work and cost estimate.
5 See attached fee sheet.
File 403-103310-00-AD Doc.I . 24408
Mr.Tres Kirkebo
Page 4
August 29,2003
V. CONSTRUCTION
Construction on shorelands of an owner occupied single-family residence that does not exceed 35
feet above average grade level,and which meets all requirements of the state agency or local
government having jurisdiction, is considered exempt from substantial development permit
requirements pursuant to WAC 173-27-040(g).
SUMMARY
New bulkheads are not permitted outright in shoreline areas. In order for the City to approve any kind of a
shoreline protection,the applicant must demonstrate that the shoreline protection bulkhead is necessary to
protect an existing residence from loss or damage by erosion.The City code and state law require
implementation of non-structural solutions over hardened structures whenever possible. Specific
information relating to the existing conditions,as well as specific recommendations, must be provided
with the application. Environmental review and a shoreline substantial development permit are required,
as is a preapplication conference.
The City is encouraged to learn that your client is willing to consider the use of environmentally friendly
alternatives to concrete bulkheads, since the codes do not support such methods as the highest alternative.
If it is found that a bulkhead is necessary to protect an existing single-family residence from loss or
damage by erosion, staff would support use of environmentally friendly alternatives.
I may be reached at 253-661-4103 if you have any questions. Again, I would be glad to meet with you or
your client to go over any aspects of this letter or project issues in advance of the preapplication
conference.
Sincerely,
Deb Barker
Associate Planner
enc: Master Land Use Application
Fee Sheet
Preapplication Conference
SEPA Checklist
WAC173.27.040
FWCP Section 2.8.5
FWCC Chapter 22,Article III,"Shoreline Management"
FWCC Chapter 22,Article XIV,"Environmentally Sensitive Areas"
FWCC Chapter 18,"Environmental Protection"
File 803-1 03 3 10-00-AD Doc.I .24408
,FI\/E i BY
Transmittal rcri• rl'IrT' -AUG 13 2003ipeXgineering
Full Name: Greg Fewins Business: (253)661-4108
Company: City of Federal Way Business Fax: (253)661-4129
Address: PO Box 9718 Federal Way,WA 98063-9718 0 5_ (0?:J? D —(%'O —A19
Date: 8/12/03 Email:
Regarding: Bulkhead permits Total Pages:
File/Task:
Comments: U �' 30e. 'L
Greg,
As a follow up from the conversation we had with Jim Harris on 8/12/03 we are interested
in compiling necessary background information before beginning the bulkhead permit application
process with the City of Federal Way. Our client is looking to demolish an existing home and
garage on a shoreline lot and construct a single family residence along with a protective
bulkhead. It appears the waterward part of the property has been exposed to a history of
significant erosion and the applicant wishes to address the state of erosion before the condition
grows worse. The applicant is willing to consider the use of environmentally friendly alternatives
to conventional concrete bulkheads to acheive this purpose. Please respond with the City's
suggestion on how to move foward with this process and what the City's position is on the
granting of such a permit.
Please call me if you have any questions.
Tres Kirkebo
Copy to: I Jim Harris Fax:
Sender: Tres Kirkebo
Email: kirkebo@apexengineering.net
2601 S. 35th Ste 200
Tacoma,WA 98409
(253)473-4494
Fax: (253)473-0599
PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY