16-100804 (2)CITY OF
t Federal Way
April 3, 2017
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
Youngyul and Namhyo Na Emailed: younavulQcomeast.net
3906 South 322"d Street
Federal Way, WA 98001
RE: File #17-101258-00-SF; PLANNING & BUILDING LETTER
Na/Naymo Residence; Louise's North Lake Tracts, Lot 5, Parcel: 442060-0025
Dear Youngyul and Namhyo Na:
Staff has reviewed your building permit application for a new residence on North Lake located on parcel
442060-0025. Your proposal is located in the Shoreline Residential designation and contains a Category
11 wetland with a 100 ft. wetland buffer landward of the lake. A review of submitted materials indicates
the following issues must be addressed before building permit approval by the Planning and Building
Divisions.
TECHNICAL REVIEW
PLANNING DIVISION, Leila Willoughby -Oakes, leila.,%villouahbV-oakes rr.ci offecleralway.com, 253-835-2644
1 _ Please place the following construction note on Plan Sheets 21 and 22:
"No clearing and grading may take place and no structure or improvement may be located in the
Category 11 wetland or regulated wetland buffer except as provided in FWRC 15.10.260 and
FPVRC 15.10.270."
2. Please list the proposed lot coverage on the site plan. The maximum lot coverage is 60%.
3. Please depict the roof overhang as a dotted line/provide a plan legend.
4. Building Height— The proposed building height is 29'4". Please show the finished grade on the
elevation plans. You are within 2 feet of the 30 ft. height maximum; a height survey is required at the
time of floor framing inspections (FWRC 19.200.010). The height survey shall be performed by a
professional land surveyor.
5. Driveivay Width — A driveway and/or parking pad in the required front yard cannot exceed 20 ft. in
width (FWRC 19. 1.3 0.240(l)(a) & (b)). The proposal does not meet driveway width exceptions — a
driveway serving a three -car garage and a garage located no more than 40 ft. from the front property
per FWRC 19.130.240(b)(i) & (iii). Please reduce the parking pad width to 20 ft. or meet these
exceptions.
6. Please depict the clearing and grading limits on the plans pursuant to FWRC 19.120.080. Prior to
beginning clearing and grading activities, all clearing limits, sensitive areas and their buffers, and
trees and vegetation that are to be preserved within and adjacent to the construction area shall be
clearly marked, and protected per FWRC 19.120.160. Please depict construction and silt fencing
Youngyul & Namhyo Na
April 3, 2017
Page 2 of 4
on the development plans. No construction or development activities, storage of construction
materials, or land disturbance may occur past the construction fencing installed at the edge of
the 100 ft. wetland buffer.
7. Critical Root Zone —A no disturbance area shall be established for each tree on the site plan. The no
disturbance zone shall be equal to the critical root zone which is defined as 12 inches radius for every
one inch of tree diameter measured at 4.5 feet from the ground (FWRC 19.120.160). .
BUILDING DIVISION — Peter Lawrence, Petei•.La)vrence(a-)eityoffedea•alway.com, 253-835-2621
I am unable to complete the plan review of the above -referenced project until I receive additional
information regarding, but not limited to, the following:
1. The fastening schedule as shown on page A is not consistent with the 2015 IRC. If the designer
wants to add the fastening schedule, then please use table 602.3(l) of the 2015 IRC.
2. Please provide specifications of the electrical tankless water heaters.
3. You have claimed the 1.5 energy credits for the electrical water heaters in table 406.2 option 5C
of the 2015 WSEC. Option 5C requires gas, propane, or oil water heater or solar water heat
supplementing a minimum standard water heater, yet I do not see a location of that water heater
in order to claim that credit. Please address this concern and provide the location of the standard
water heater.
4. You have claimed energy credits for option 6 of table 406.2 of the 2015 WSEC. Please show how
this design will demonstrate the requirements using the National Renewable Laboratory
Calculator PVWatts per that credit. Documentation noting solar access shall be included on the
plans (see table 406.2 of the WSEC).
5. The designer has listed intermediate framing will be used. Please add notes regarding the required
R-10 insulation at the headers and the minimum 2 stud corners as defined for intermediate
framing per the 2015 WSEC.
On page 2 the garage roof has solar panels that will be installed. Please have a structural engineer
provide an analysis for the additional weight load on the trusses. Please provide 2 copies of the
calculations with your resubmittal stamped by the licensed structural engineer.
2015 IRO section 909.2 Structural requirements
Rooftop -mounted photovoltaic parcel systems shall be designed to structurallip support the systern
and withstand applicable gravity loads in accordance with Chapter 3. The roof xrlaon which these
systems are installed shall be designed and constructed to support 117e loads unposed by sucl�
systems by accordance moth Chapter 8.
Where mounted on or above the roof coverings, the collectors and supporting structure shall be
constructed of noncombustible raterials or fina-retardant-treated wood eguivalew to that
required for the roofconstruction.
7. Please provide complete installation specifications of the solar panels.
8. The International Residential Code only provides code compliance for dimensional lumber. The
design of this proposed single family home is utilizing engineered lumber products. There are
17-101255-00-SF Doc I.D. 75637
Youngyul & Namhyo Na
April 3, 2017
Page 3 of 4
other concerns that will require a structural engineer to evaluate. Please provide 2 copies of the
structural calculations stamped by a structural engineer and please incorporate the designs and
drawings of the structural engineering in the plan sets. Please have a structural engineer evaluate
the following:
a. Complete lateral and gravity analysis (shear and seismic)
b. Transfer of point loads to the footings
c. Footing sizes
d. Supporting members for load carrying members
e. Built up beams
f. Mechanical fasteners
g. Stitching of multiple framing members
2015 IBC section 1604.1 General.
Buildin structures and parts thereo shall be designed and constructed in accordance with
siren th desi rr load and resistance faclor (lesi . allowable stress de i ? enti2irical desi ? or
conventional construction methods as pernfitled by the Q12licable material cha ters.
1604.2 Strength.
Buildiij s and other structures and parts thereof shall be desi Fed and constructed to sir rt
so eI the fActored loads in load combinations defined in this code without exceeding the
qppmpriafe siren th limit states for the materials o construction. Alternatively, buildin s and
other spwctures and arts thereof shall be desi red and constructed to suppQrt sa elv the
norninal loads in load combinations de rued i?r this code ivithout exceeding the a ro riale
specified allowable stresses for the materials o construction.
1604.4 Analysis.
Load e eets on structural members and their connections shall be determined bv methods o
structural anaNsi's that take into account a uilibdienr ene?•al stabili eomelric cam atibili
and both short- and long -tern? material pioperties.
Members that tend to accumulate residual de ormati ns under- re Bated service loads shall have
included in their analysis the added eccentricities Lv ected to occur during Their service life,
Any system or method of construction to be used ha11 be based on a rational analysis in
accordance with well -established princ?)21es of weehanics. Stich anal siv s shall result in a s su ierr?
that rovides a com-121ere load Mth capable of transferringfransfei-ring loads from their 12oint of origin to the
loadi•esis•ting elements.
9. Will there be gas piping utilized in the home?
10. The designer is intending on having an unvented attic space located in the 2x10 rafters. Please
add language to the plan sets that demonstrate code compliance with section R 806.5 of the 2015
IRC for unvented attics. There can be no guesswork on the part of the contractor or the inspector
when it cornes to the installation requirements for unvented attics.
11. Please revise your plans and demonstrate code compliance with the ventilation requirements of
the 2015 IRC section M1507.1 as amended by the state. Please show if vented windows will be
used, the location of a whole house fan system, or other approved system compliant with the 2015
IRC section M1507.
17-101258-00-SF Doc. LD 75637
Youngyul & Namhyo Na
April 3, 2017
Page 4 of 4
CLOSING
Please submit 2 copies of the requested building permit sheets with the enclosed resubmittal form to the
Permit Center. Please include the comment letters with your written responses. Please cloud all changes.
Submit plans in the same size and format as the originals. Please provide 2 copies of the structural
calculations stamped by the licensed Washington State engineer. Should you have any questions
regarding this letter, please contact me at 253-835-2644 or leila.willoughby-
oakes@cityoffederalway.com.
SincerelyeaWillougghby-Oakes
L
Associate Planner
enc: Bulletin #129, ProjectResubmittal Form
FWRC 19.130.240 'Driveways and parking areas'
c: Peter Lawrence, Plans Examiner
Ann Dower, Senior Engineering Plans Reviewer
Chris Cahan, South King Fire & Rescue
Brian Asbury, Lakehaven Water & Sewer District
17-101255-00-SF Doc. 1-D. 75637
RECErvE®
COMMUNITY DEVELOPMENT DEPARTMENT
FEB 12 33325 81h Avenue South
1�k 2016 Federal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
CITY of CM OF FEDERAL Wqy www.ci(yoffederalway.com
FederN ay CDs
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
EXEMPTION APPLICATION
File#�/' e L/ S
TO BE COMPLETED BY APPLICANT
Project Name: Apu S-e—
Project Address: 17 6 ,
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4,4. WA qSW1
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Applicant: d n
Mailing Address:
Phone Number: 1 2Z
Description of Project:
E-mail:
YQUnIQ ►! U 10 1-0 ill IfA S�. 17
1-1
Meets the criteria for exemption under which section of * WAC 173-27-040:
*Washington Administrative Code online: apps.leg.wa.aov
12 ?,d I
/_// - App nt's Signature Date
NO
Bulletin #143 — March 25, 2013 1 of 2 k:\Handouts\Shoreline Exemption
TO BE COMPLETED BY STAFF
1) The proposed development is consistent with Section —o� of WAC 173-27-040
and is therefore exempt from the Substantial Development Ptrmit Process.
0/Yes ❑ No (explanatory narrative attached)
�TinQ A .1-nj- ( -FA r a IIeW SiiT--l1LAf' d t4
2) Proposal requires:
Yes No
❑ 0/ Shoreline Variance
O ❑ Shoreline Conditional Use
❑ Review, Approval or Perm
or Federal Agency
3) Proposal complies with applicable provisions of the City's Shorel. Master Program.
Imo'
/Yes ❑ No Condition(s) attached: LJ Yes ❑ No
d Vet b,9 • i C t i t S).
4) In accordance with FWRC Section 15.05.130, this application is hereby:
C' Approved ❑ Denied
� a
ixector, Community Development Department Date
Distribu n:
II Applicant n- vi d AP
❑ er taCi.
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DESIGNER
YOUNGYULNA
3906 S 322nd ST
FEDERAL WAY, WA 98001
(253-661-1229)
RESIDENCE FOR
YOUNGYUL & NAMHYO NA
3906 S 322nd ST
FEDERAL WAY, WA 98001
SITE ADDRESS
' SOUTH 337TH ST.
FEDERAL WAY, WA 98001
PARCEL NO.4420600025
FEDERAL WAY, WASHINGTOM 98001
PARCEL N0.
4420600025
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February 25, 2016
Ms. Leila Willoughby -Oakes
Associate Planner
City of Federal Way
33325 8th Ave S
Federal Way, WA98003
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
In future correspondence please refer to:
Project Tracking Code: 2016-02-01209
Property: 16-100804-SH Shoreline Exemption S 337th St, TPN # 4420600025
Re: c aeo ogy- ease a attached Inadvertent Discovery Plan to permit d
Dear Ms. Willoughby -Oakes:
Thank you for contacting the Washington State Department of Archaeology and Historic Preservation
(DAHP). The above referenced project has been reviewed on behalf of the State Historic Preservation
Officer. We have no specific concerns. Please add the attached inadvertent discovery plan to permit with
the condition that it be followed in case of the inadvertent discovery of archaeology and/or human
remains
Thank you for the opportunity to review. Please feel free to contact me if you have any questions.
Sincerely,
Gretchen Kaehler
Assistant State Archaeologist, Local Governments
(360) 586-3088
tchen.kaehler dah .wa_ v
cc. Richard Young, Cultural Resources Director, Tulalip Tribes
Steven Mullen -Moses, Cultural Resources, Snoqualmie Tribe
Laura Murphy, Archaeologist, Muckleshoot Tribe
Cecile Hansen, Chair, Duwamish Tribes
Dennis Lewarch, THPO, Suquamish Tribe
State of Washington • Department of Archaeology & Historic Preservation
P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
Inadvertent Archaeological and Historic Resources Discovery Plan King County
In the event that any ground -disturbing activities or other project activities related to this
development or in any future development uncover protected cultural material (e.g., bones, shell,
antler, horn or stone tools), the following actions will be taken:
1. When an unanticipated discovery of protected cultural material (see definitions below) occurs, the
property owner or contractor will completely secure the location and contact:
a. The property owner and/or project manager;
b. A professional archaeologist;
c. The Department of Archaeology and Historic Preservation (DAHP) (Gretchen Kaehler, Assistant
State Archeologist, Local Governments, 360-586-3088);
d. The Tulalip Tribe (Richard Young, 360-716-2652);
e. The Snoqualmie Tribe (Steven Mullen -Moses, 425-888-6551); Dennis Lewarch, THPO,
Suquamish Tribe (360-394-8529
f. Laura Murphy, Muckleshoot Tribe (253-876-3272)
g. The Duwamish Tribe (Cecile Hansen, Chair 206-431-1582).
2. If the discovery is human remains, the property owner or contractor will stop work in and adjacent
to the discovery, completely secure the work area by moving the land -altering equipment to a
reasonable distance, and will immediately contact:
a. The property owner;
b. The City of Federal Way Police Department (253-835-6700) and;
c. The King County Medical Examiner, Richard Harruff (206-731-3232) to determine if the remains
are forensic in nature;
d. If the remains are not forensic in nature the Department of Archaeology and Historic Preservation
(DAHP) Guy Tasa 360-586-3534); will take the lead on determining the appropriate method of
treatment for the remains and will consult with the affected tribes;
e. A professional archaeologist; and
3. Cultural material that may be protected by law could include but is not limited to:
a. Buried layers of black soil with layers of shell, charcoal, and fish and mammal bones (Figure 1).
b. Non -natural sediment or stone deposits that may be related to activity areas of people;
c. Stone, bone, shell, horn, or antler tools that may include projectile points (arrowheads),scrapers,
cutting tools, wood working wedges or axes, and grinding stones (Figures 2 and 3);
d. Stone tools or stone flakes (Figures 2 and 3);
e. Buried cobbles that may indicate a hearth feature (Figure 4);
f. Old ceramic pieces, metal pieces, tools and bottles (Figures 5 and 6); and
g. Perennially damp areas may have preservation conditions that allow for remnants of wood and
other plant fibers; in these locations there may be remains including: • Fragments of basketry,
weaving, wood tools, or carved pieces; and
• Human remains.
4. COMPLIANCE WITH ALL APPLICABLE LAWS PERTAINING TO
ARCHAEOLOGICAL RESOURCES (RCW 27.53, 27.44 and WAC 25-48) AND WITH
HUMAN REMAINS (RCW 68.50) IS REQUIRED. FAILURE TO COMPLY WITH THESE
REQUIREMENTS COULD RESULT IN A MISDEMEANOR AND POSSIBLE CIVIL
PENALTIES AND/OR CONSTITUTE A CLASS C FELONY.
Figure 1: Shell midden
Figure 2: Example of stone tools
Figure 3: Example of stone flake and tools.
Figure 5: Example of historic artifacts from debris scatter.
Figure 6: Example of bottle from historic debris dump.
6
,—)
1r3.stI.1.7.gton 11'edt'.s'al.
August 9, 2016
'ro :
City of Federal Way
Planning Department
RESUBMITTED
AUG 10 2016
CITY OF FEDERAL WAY
CDS
Washington Federal is the owner of the property known as parcels 442060 0025, 442060 0030, 442060
0035) and is authorizing Youngyul Na to apply for any and all permits for the property.
As the "applicant," Youngyul Na assumes financial responsibility for all fees and will receive any refunds
paid.
Please feel free to contact me if you have any questions.
Regards,
Ricka Gerstmann
Vice President, Special Assets Officer
206,777.8354; ricka.gerstmann@wafd.com
Nisqually Indian Tribe
4820 She-Nah-Num Dr. S.E.
Olympia, WA 98513
(360) 456-5221
February 17, 2016
Leila Willoughby -Oakes
City of Federal Way
33325 8th Ave. S.
Federal Way, WA 98003-6325
Dear Ms. Willoughby -Oakes,
The Nisqually Indian Tribe thanks you for the opportunity to comment on:
Re: S. 337th St. Shoreline Exemption
The Nisqually Indian Tribe has reviewed the report you provided for the above -named
project. The Nisqually Indian Tribe has no further information or concerns at this time.
Please keep me informed if there are any Inadvertent Discoveries of Archaeological
Resources/Human Burials.
Sincerely,
Jackie Wall
THPO
Nisqually Indian Tribe
(360)456-5221 Ext. 2180
wall. 'ackie nis uall -nsn. ov
i
1 r i OTE: Lakehaven Utility disirid
neither warrants nor guarantees 240
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the accuracy of any Facility 0 _ 120
information provided. Facility...
4itXmi toeaVons and conditions ar0
b11LITV FJ15fik' subje 1 to field verification. ��_� _ Fee', -- --
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Memorandum
To: Leila Willoughby -Oakes, City of Federal Way
From: Paul S. Anderson, Ecology NWRO Wetlands/401 Unit Supervisor
Cc: David Pater, Ecology
Date: 10/10/2016
Re: Wetland Determination at North Lake
Background
I understand that questions have been raised about the extent and category of wetlands along
southern shore and within North Lake in the City of Federal Way (City). As the acting Washington
State Department of Ecology (Ecology) Wetland Specialist for King County jurisdictions, I am happy to
assist the City in answering wetland- and shoreline -related questions. Ecology is the state agency
responsible for regulating wetlands and shorelines and, as such, has developed a number of guidance
documents for protecting these valuable resources. To ensure that regulatory interpretations are
consistent with that guidance and state law, Ecology staff routinely provide technical assistance to
other agencies and local governments.
At North Lake, the central question is whether wetlands below the ordinary high water mark (OHWM)
of the lake should be regulated as wetlands or are they considered to be part of the lake itself and not
subject to wetland regulation? Answering that question has important implications for future land use
on several undeveloped parcels along the lake shore because it will determine the required buffers
and regulatory setbacks.
Regulatory Context
In addition to other waters, water bodies greater than or equal to 20 acres in size are subject to
regulation under the state Shoreline Management Act (SMA; RCW 90.58) and the City's Shoreline
Master Program (SMP; Federal Way Revised Code (FWRC) Ch. 15,05). At approximately 56 acres in
size, North Lake is a shoreline of the state regulated through the SMA and the City's SMP. Wetlands
and other critical areas within shoreline jurisdiction are regulated by the City through the standards in
SMP Appendix A.
Wetlands are characterized by a dominance of plants adapted for life in saturated soils and by
inundation or saturation (see RCW 90.58.030(2)(h)). Wetlands are frequently associated with water
bodies or streams and maybe found below the OHWM of those waters (Hruby 2014). For wetland
delineation purposes, only five percent cover is required to consider an area vegetated (U.S. Army
Corps of Engineers 2010).
Page 2 of 9
October 10, 2016
The shorelands (landward 200 feet of the OHWM and any associated wetlands') at North Lake are
apparently designated Urban Conservancy in the SMP and require a minimum 50-foot setback from
the OHWM (FWRC § 15.05.070(6) Standards table). Wetlands under 2,500 square feet (sf) are
exempt from regulation under the SMP; whereas, Category I wetlands require a 200-foot buffer,
Category II wetlands require a 100-foot buffer, Category III wetlands greater than 10,000 sf have a 50-
foot buffer and Category III wetland between 2,500 and 10,000 sf have a 25-foot buffer (SMP
Appendix A § 6.B).
Additional regulatory guidance on wetlands, including lake fringe wetlands below OHWM, is found in
the Washington State Wetland Rating System for Western Washington, 2014 Update (Hruby 2014).
Of particular relevance to the wetlands waterward of the OHWM at North Lake is the following
guidance from § 4.4 (p. 23):
"Sometimes a strip of open water is found between the wetland plants farther from shore and those
closer to shore. In this situation, the open water is considered a part of one unit that encompasses
both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the
area of open water may only be temporary, or the submerged plants are present but not visible
because they do not grow to the surface. The plants may also be absent due to wave action or
physical removal."
Office Assessment
A number of resources were reviewed in considering whether the lake fringe wetlands at North Lake
should be regulated as wetlands, including the City's SMP, Ecology's current wetland rating system
(Hruby 2014), Classification of Wetlands and Deepwater Habitats of the United States (Federal
Geographic Data Committee (FGDC) 2013), aerial photographs, the National Wetlands Inventory
(NWI; available at: https://www.fwL.govlwetiands/Data/Mapper.html and a boundary and topographic
survey (Barghausen Consulting Engineers, Inc., dated 9-23-14) for parcels along the southern shore
of the lake. The survey shows three adjoining parcels, identified on the survey as Lots 5, 6 and 7 and
Lot 2 to the east. The survey also shows the flagged OHWM on all of the subject parcels as well as 5
flags (labelled W-1 — W-5) on Lot 2 that apparently show a delineated wetland edge. Figure 1, below,
shows the general location of North Lake and Figure 2 shows the parcels of interest at the south end
of the lake.
Aerial photographs for 2013, 2012, 2009, 2007 and 1936, available at the King County Parcel Viewer
Website (available at: http:llqismaps.kinqcounty.gov/parcelviewer2/), show patches of aquatic bed
vegetation along the southern shore of North Lake. The patches of vegetation most visible in the
photographs are those where plants, such as water lily, extends to or above the water's surface. More
extensive areas that appear to include submerged aquatic bed vegetation are also visible in the
photographs. The distribution of aquatic bed vegetation in the aerial photographs varies from year to
year due, in part, to the time of year the photograph was taken and also, apparently, due to vegetation
management within the lake.
' The SMA implementing rules (WAC 173-22-030(1)) define "Associated wetlands" as those wetlands in
proximity to and that either influence or are influenced by a shoreline water. Wetlands below the OHWM would
be within the shoreline water and only those portions of the wetland that extend landward from the OHWM would
be considered to be associated under the SMA.
Page 3 of 9
October 10, 2016
The North Lake Management District was formed to address ongoing concerns about water quality
and the City has been implementing a management program to reduce the extent of aquatic
vegetation, including fragrant water lily (Nymphaea odorata) within North Lake. The primary means of
aquatic weed control at North Lake has been through herbicide application and weed rakes (City of
Federal Way 2015). Where management activities may have altered the plant community, wetland
delineation standards allow for consideration of other approaches in determining if wetland vegetation
is present (Ch. 5, § 4.e. Managed plant communities, pp. 104 —105; U.S. Army Corps of Engineers
2010). Also, the federal definition of aquatic bed vegetation acknowledges that the distribution of
plants varies within a year (growing season) and between years: "AQUATIC BED: Includes wetlands
and deepwater habitats dominated by plants that grow principally on or below the surface of the water
for most of the growing season in most years." (FGDC 2013).
Figure 1. Annotated aerial photograph from the King County Parcel Viewer showing the general location of North
Lake just east of 1-5 in the City of Federal Way and the area of interest for this study at the south end of the lake.
Page 4 of 9
October 10, 2016
w
Figure 2. Annotated 2013 aerial photograph from the King County Parcel Viewer showing the parcels of interest
(Lots 2, 5, 6 and 7) at the south end of North Lake. Floating aquatic bed vegetation is visible immediately
offshore of Lots 5, 6 and 7.
The NWI map shows a lacustrine aquatic bed wetland contiguous with the southern and western
shorelines of North Lake (Figure 3). This wetland, extending from the upland to a water depth of
approximately 2.5 meters (8.2 feet)Z, is mapped at 12.21 acres in size. The waterward margin of the
aquatic bed wetland polygon appears to be consistent with the mapped 5- and 10-foot bathymetric
contours for North Lake (Figure 4; Washington State Water Program 1973).
2 With the 2013 update to the federal wetland classification system, the boundary between wetland and
deepwater habitat was changed from 2 meters depth to 2.5 meters (8.2 feet) (FGDC 2013).
Page 5 of 9
October 10, 2016
I✓
Figure 3. Screenshot of the NWI map for North Lake showing a lacustrine aquatic bed wetland along the western
and southern shores of North Lake. The mapped area of the aquatic bed wetland is 12.21 acres.
Page 6 of 9
October 10, 2016
JJW t
NORTH LAKE —KING COUNTY
T21N—R4E—Sec1S
56 Surface Acres
Sure. 7 March 1450—Slate Dept of Gao+e
Volume—I16 Acre Feel
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1
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Figure 4. Mapped bathymetric. contours (feet) for North Lake (Washington State Water Program 1973).
Field Investigation
Thank you for taking time to join me for the North Lake site visit on September 7, 2016. Your
familiarity with the permitting history on the parcels we visited was a big help in understanding the
setting. During our site visit, we looked for wetland and OHWM indicators along the lakeshore. We
were also able to see wetland vegetation, including scrub -shrub, emergent and aquatic bed
communities at and below OHWM on the parcels of interest. Aquatic bed vegetation was visible
approximately 12 feet waterward of the OHWM along the western parcels (Lots 5 — 7; Photo 1). On
Lot 2 and to the east, emergent vegetation was found below OHWM and aquatic bed was seen just
offshore (Photos 2 and 3).
Observed OHWM indicators included a distinct topographic break along the upland edge that was
demarcated by a small rockery, water marks on the rockery, a change in the dominant plant
community (from wetland to upland) and substrate changes. On Lot 2, the OHWM extended to the
landward edge of the wetland, encompassing a small island. The topographic survey (Barghausen
Consulting Engineers, 9-23-14) incorrectly shows the North Lake OHWM on the waterward side of the
island and wetland on Lot 2.
Page 7 of 9
October 10, 2016
Conclusion
Ecology concurs with the flagged OHWM boundary on Lots 5 — 7. We do not concur with the OHWM
boundary shown on Lot 2 nor do we concur with the determination that the aquatic bed wetland in
North Lake does not extend onto the parcels of interest. The OHWM on Lot 2 is coincident with the
landward wetland edge. Based on my review of available background information and our site visit on
September 7'h, Ecology has determined that the wetland below OHWM on all of the subject parcels is
greater than 2,500 sf and therefore, subject to regulation under SMP Appendix A.
This conclusion is based on the following factors:
■ Aquatic bed vegetation was visible immediately offshore along all of the parcels we visited on
September 7'h;
■ The NWI has mapped a contiguous lacustrine aquatic bed wetland (12.21 acres) along the
southern and western shores of North Lake;
• Aquatic bed vegetation is visible along the shoreline of interest in several aerial photographs
dating back to 2007;
■ Active management for aquatic weeds has very likely impacted the distribution of aquatic bed
vegetation in North Lake;
• Only five percent cover is required to consider an area vegetated and in areas subject to
vegetation management, delineation standards allow for other approaches to making a
wetland determination (U.S. Army Corps of Engineers 2010); and
• the Washington State Wetland Rating System for Western Washington, 2014 Update (Hruby
2014) provides specific guidance for situations where there may be an unvegetated gap within
lake fringe wetlands (see § 4.4, p. 23).
Based on the wetland categories described in SMP Appendix A3, I believe the lake fringe wetland on the subject
parcels would be rated as a Category II wetland as it is greater than 2,500 sf in area, is contiguous with a water
body that supports a fish population and is greater than one acre in size (SMP Appendix A § 6.B.(a)(2)). Standard
buffers for Category 11 wetlands shall be 100 feet (SMP Appendix A § 6.8.(b)(2)), which in this case would be
measured from the OHWM/wetland edge.
References
City of Federal Way. 2015. North Lake Management District 2015 Final Report. Public Works
Department, Surface Water Management Division.
Federal Geographic Data Committee. 2013. Classification of wetlands and deepwater habitats of the
United States. FGDC-STD-004-2013. Second Edition. Wetlands Subcommittee, Federal Geographic
Data Committee and U.S. Fish and Wildlife Service, Washington, DC.
3 Interestingly, one of the criteria for Category I wetlands includes open water as a habitat class (SMP Appendix
A § 6.B.(a)(1)c.).
Page 8 of 9
October 10, 2016
Hruby, T. 2014. Washington State Wetland Rating System for Western Washington, 2014 Update.
Washington State Department of Ecology Publication # 14-06-029, Lacey, WA.
U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). U.S. Army
Engineer Research and Development Center Environmental Laboratory, Vicksburg, MS.
Washington State Water Program. 1973. Lakes of Washington, Volume 1, Water Supply Bulletin 14.
Olympia, WA.
Site Photographs
Photo 1. Site visit photograph of North Lake from Lot 6 just waterward of OHWM showing aquatic bed vegetation
within approximately 12 feet of OHWM; facing north.
Page 9 of 9
October 10, 2016
r
Photo 2. OHWM and emergent, obligate wetland vegetation (Iris pseudacorus, Persicaria hydropiper and Typha
latifolia) below OHWM on Lot 2. The white line marks the OHWM on a small island; the OHWM to the landward
(south) of the island was coincident with the wetland edge. Emergent vegetation extended out into the lake and
aquatic bed vegetation was also visible just offshore; facing north.
Leila Willoughby -Oakes
From: David R Knight <David_Landman@msn.com>
Sent: Monday, January 30, 2017 5:31 PM
To: Leila Willoughby -Oakes; David R Knight
Subject: RE: Naymo- Lot 5 (Parcel: 4420600025)
Follow Up Flag: Follow up
Flag Status: Flagged
Leila,
Mr Youngyul Na is purchasing lot #5 (4420600025)
LL Management LLC (Ivanchuk) Is purchasing lots 6, 7 (4420600030, 4420600035)
LL Management LLC is also purchasing lot 2 (4420600010) —we have had a wetland biologist mark the OHWM and
wetland edge, the surveyor will be at the lot later this week to locate them and produce a new map for the Buyer to
submit per your request.
Thanks!
David R. Knight
"We specialize in work which few understand"
"The Land Specialist" - Serving all of the Puget Sound Area,
Landman Inc - 19408 SE 322nd ST, Kent WA 98042.
253-631-9545 phone/txt
253-638-0545 fax
www.Landman-inc.com
David Landman@msn.com
From: Leila Willoughby -Oakes [ma !Ito•Le!la.Willoughby-Oakes ci offederalway_.com]
Sent: Monday, January 30, 2017 4:45 PM
To: David R Knight
Subject: Naymo- Lot 5 (Parcel: 4420600025)
David,
Please advise if Mr. Naymo is the applicant/purchaser for Parcel 4420600025. He has submitted a shoreline exemption
application re -submittal for processing, however Mr. Nos Ivanchuk has submitted a portion of a real-estate contract
stating he is the purchaser for all three lots.
Clarification is much appreciated- a wetland delineation approval letter must be sent to Mr. Naymo regarding the
delineation and peer review. in 2016 he did pay the city for the peer review by ESA.
Thank you,
L. Willoughby -Oakes
Associate Planner
To: Leila Willoughby -Oakes
Cc: Pater, David (ECY)
Subject: North Lake wetland memo
Leila
Attached, please find my memorandum with Ecology's findings on the regulatory status of the lake
fringe wetland adjoining the south shore of North Lake. Ecology's determination (I consulted with
other Ecology wetland staff before writing the memo) is that the lake fringe wetland below the OHWM
of North Lake should be regulated as a wetland and not considered to simply be part of the lake.
My review of the City's SMP and Appendix A, indicates that this wetland meets the definition of a
Category I I wetland which would require a 100-foot buffer from the wetland edge. for the parcels of
interest at the south end of North Lake, the wetland edge is coincident with the OHWM. As discussed
in the memo, Ecology concurs with the flagged OHWM on Lots 5 — 7, but does not concur with the
OHWM depicted on the survey for Lot 2. At Lot 2, the OHWM should be extended to the landward
edge of the wetland that surrounds the small island that we visited.
Thank you for your support in Ecology's review of this interesting question. Please let me know if we
can do anything else to be of assistance to the City.
Paul
Paul S. Anderson, PWS
Wetlands/401 Unit Supervisor
Washington State Department of Ecology
3190 -160th Ave. SE
Bellevue, WA 98008
Phone: (425) 649-7148
Cell: (425) 765-4691
Fax: (425) 649-7098
Email: Paul .S.Anderson ec .wa. ov
From: youngyul [mailto:youngyul@comcast.net]
Sent: Friday, September 02, 2016 4:14 PM
To: Leila Willoughby -Oakes
Subject: s.l `i : RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
Good to have your answer and looking forward.
Thank you and see soon.
Sent from my T-Mobile 4G LTE Device
t+L bl 1 °JI--------
Al R : Leila Willoughby -Oakes <Leila.Willou b -Oakes cit offederalwa .com>
- + 16/9/2 ° -a 3 :41 (GMT-08:00)
A mil•
R . "'youngyul@comcast.net"' <youngyul�a�corncast.net>
pN_ : Ricka Gerstmann <ricka._gcrstmann@a,wafd.com>
Al : RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
Good afternoon Mr. Na,
Thank you very much for your email. The city will provide you with an update as soon as we receive a final
environmental determination from the Department of Ecology and the City's on —call wetland consultant. A
written letter will be provided by the Department of Ecology. In terms of your next steps, there may be some
necessary report revisions, a delineation and clarifications needed per the city's wetland consultant. In phone
discussions with the City's wetland consultant (Michael Muscari, ESA), it appears ESA did not agreed with all
finding made by the applicant's wetland consultant/consultant who prepared the submitted report. There are
questions that remain outstanding and possibly data to be collected. A site reconnaissance (we are working with
several parties' schedules) will occur before a final determination is made, to review the lacustrine system
wetland, vegetation and habitat observed within Northlake based on past site visits and historical aerial imagery.
The construction season is a fairly busy time. The city's on call consultant may need to know a) how large the
system is to determine to determine there are adequate wetland buffers upland and the size of those buffers (i.e.
a delineation will be required; we'll need to know the boundaries), and upon delineating; b) the wetland rating
(Category I, II or III) under Title 15 `Shoreline Management'.
In terms of process, the city will issue an acceptance/approval letter of the wetland study and any survey. When
these parties and the city are satisfied that the critical areas report or addendums are in compliance with city's
critical area shoreline codes; the critical area report/map approval letter will be issued. You can then proceed
with your shoreline exemption application on hold and a building permit application. The shoreline exemption
site plan must contain correct critical area designations. The shoreline exemption (improvements and building
footprint) must match the building permit proposal.
I am copying Federal Bank's representative, Ricka Gerstmann on further communication to ensure the property
owner is apprised of Ecology's and the City's findings. If you have any questions do not hesitate to contact me.
I would be happy to answer any questions you have about the city's critical area ordinance and the Washington
Delineation Manual documents used to delineate wetlands.
Have a great long weekend.
Kind regards,
Leila
L. Willoughby -Oakes
Associate Planner
33325 8`h Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.cityoffederalway.com
From: youn of comcast.net [mailtoTyoungyul@comcast.net]
Sent: Tuesday, August 30, 2016 10:43 AM
To: Leila Willoughby -Oakes
Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
Hi Leila
You are doing great job to extending expanding .. that you told me that just need Gary's cleared
statement letter to satisfy
your need (or City) to finishing this matter (delineation).. Didn't you ?
Spend almost half year, your statement unbelievably technical.. I am so dumb to understand at this
time why you dragging and annoying
of time gone each responses.
What is time line of this your quest to satisfying City of Federal Way ?
From: "Leila Willoughby -Oakes" <Lella.Wiliou hb -Oakes cit ❑ffederalwa .com>
To: "ygungyu14comcast.net" <youngyulR_comcast.net>
Sent: Tuesday, August 30, 2016 10:12:52 AM
Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060
0035)
Greetings Mr. Na,
In regards to the response memo and topographic plan resubmitted by C. Gary Schultz addressing
the city's comments, the lots along North Lake are currently being reviewed by the City's on call
consultant and State Department of Ecology for potential required wetland buffers upland within the
required 50 foot shoreline setback or greater. A required buffer restricts development within the
required setback including clearing, grading, docks and installation of structures; or if proposed
required the appropriate mitigation sequencing under the Critical Areas Ordinance. North Lake
contains wetlands below the ordinary high water mark satisfying the three wetland parameters. The
peer review is in process and therefore the submitted shoreline exemption is on -hold.
Leila Willou hby-Oakes
From: Leila Willoughby -Oakes
Sent: Friday, December 30, 2016 8:21 AM
To: youngyul'
Cc: 'David_Landman@msn.com'
Subject: Shoreline Exemption
Attachments: North Lake Wetland Memo 10-10-16.pdf
Mr. Na
In order to proceed with your shoreline exemption, you must have a surveyor depict and biologist flag the 100 ft.
wetland buffer from the revised ordinary high water mark of North Lake pursuant to the attached Department of
Ecology memorandum/highlighted email below.
You must submit two updated full-size drawings (i.e. 26 x 36 inches) to the city for Planning Division manager approval
and mapping by the city's GIS department. Your shoreline exemption file number is 16-100804-SH. You may not place
structures, improvements or residences within 5 feet of the wetland buffer.
Please read the critical area report prepared by the Department of Ecology carefully and forward any question you may
have to Paul Anderson, Wetland Unit Supervisor or myself.
Thank you,
L. Willoughby -Oakes
Associate Planner
Federal Warr
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.cityoffederalway.co m
Land Use Forms: httu:Ilwww.cityoffederalway.comlindex.asp0nid=481
For general planning inquiries please call. 253-835-2655. The on -call planner will assist you.
From: Anderson, Paul S. (ECY) [mailto:paan461@ECY.WA.GOV]
Sent: Monday, October 10, 2016 10:06 AM
To: Leila Willoughby -Oakes
Cc: Pater, David (ECY)
Subject: North Lake wetland memo
Leila:
Attached, please find my memorandum with Ecology's findings on the regulatory status of the lake fringe
wetland adjoining the south shore of North Lake. Ecology's determination (I consulted with other Ecology
wetland staff before writing the memo) is that the lake fringe wetland below the OHWM of North Lake should
be regulated as a wetland and not considered to simply be part of the lake.
My review of the City's SMP and Appendix A, indicates that this wetland meets the definition of a Category II
wetland which would require a 100-foot buffer from the wetland edge. for the parcels of interest at the south
end of North Lake, the wetland edge is coincident with the OHWM. As discussed in the memo, Ecology
concurs with the flagged OHWM on Lots 5 — 7, but does not concur with the OHWM depicted on the survey for
Lot 2. At Lot 2, the OHWM should be extended to the landward edge of the wetland that surrounds the small
island that we visited.
Thank you for your support in Ecology's review of this interesting question. Please let me know if we can do
anything else to be of assistance to the City.
Paul
Paul S. Anderson, PWS
Wetlands/401 Unit Supervisor
Washington State Department of Ecology
3190 - 160th Ave. SE
Bellevue, WA 98008
Phone: (425) 649-7148
Cell: (425) 765-4691
Fax: (425) 649-7098
Email: Paul, S.Anderson(�i)ecy.wa.gov
From: youngyul [mailto:youngyul@comcast.net]
Sent: Friday, September 02, 2016 4:14 PM
To: Leila Willoughby -Oakes
Subject: s1 Li : RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
Good to have your answer and looking forward.
Thank you and see soon.
Sent from my T-Mobile 4G LTE Device
-------- t,IIEL 011 (ill-, --
1 A ? : Leila Willoughby -Oakes <Leila.Willow hb -Oakes ci offederalwa .com>
}: 16/9/2 ° 33r 3:41 (GMT-08:00)
�} p : "'youngyul@comcast.net"' <young_yulna comcast.net>
Rt z: Ricka Gerstmann <ricka. erstmann wafd.com>
-1 : RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
Good afternoon Mr. Na,
Thank you very much for your email. The city will provide you with an update as soon as we receive a final
environmental determination from the Department of Ecology and the City's on --call wetland consultant. A written
letter will be provided by the Department of Ecology. In terms of your next steps, there may be some necessary report
revisions, a delineation and clarifications needed per the city's wetland consultant. In phone discussions with the City's
wetland consultant (Michael Muscari, ESA), it appears ESA did not agreed with all finding made by the applicant's
wetland consultant/consultant who prepared the submitted report. There are questions that remain outstanding and
possibly data to be collected. A site reconnaissance (we are working with several parties' schedules) will occur before a
final determination is made, to review the lacustrine system wetland, vegetation and habitat observed within Northlake
based on past site visits and historical aerial imagery. The construction season is a fairly busy time. The city's on call
consultant may need to know a) how large the system is to determine to determine there are adequate wetland buffers
upland and the size of those buffers (i.e. a delineation will be required; we'll need to know the boundaries), and upon
delineating; b) the wetland rating (Category I, II or III) under Title 15'Shoreline Management'.
In terms of process, the city will issue an acceptance/approval letter of the wetland study and any survey. When these
parties and the city are satisfied that the critical areas report or addendums are in compliance with city's critical area
shoreline codes; the critical area report/map approval letter will be issued. You can then proceed with your shoreline
exemption application on hold and a building permit application. The shoreline exemption site plan must contain correct
critical area designations. The shoreline exemption (improvements and building footprint) must match the building
permit proposal.
I am copying Federal Bank's representative, Ricka Gerstmann on further communication to ensure the property owner is
apprised of Ecology's and the City's findings. If you have any questions do not hesitate to contact me. I would be happy
to answer any questions you have about the city's critical area ordinance and the Washington Delineation Manual
documents used to delineate wetlands.
Have a great long weekend.
Kind regards,
Leila
L. Willoughby -Oakes
Associate Planner
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.citvof edera lway.corn
From: oun ul comcast.net [mailto:youngyul@comcast.net]
Sent: Tuesday, August 30, 2016 10:43 AM
To: Leila Willoughby -Oakes
Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
Hi Leila
You are doing great job to extending expanding .. that you told me that just need Gary's cleared statement
letter to satisfy
your need (or City) to finishing this matter (delineation).. Didn't you ?
Spend almost half year, your statement unbelievably technical.. I am so dumb to understand at this time why
you dragging and annoying
of time gone each responses.
What is time line of this your quest to satisfying City of Federal Way ?
From: "Leila Willoughby -Oakes" <Lei€a.Willou hb -Oakes ci offederalwa .com>
To: "youngyul@comcast.net" < ❑un ul comcast.net>
Sent: Tuesday, August 30, 2016 10:12:52 AM
Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
Greetings Mr. Na,
In regards to the response memo and topographic plan resubmitted by C. Gary Schultz addressing the city's comments,
the lots along North Lake are currently being reviewed by the City's on call consultant and State Department of Ecology
for potential required wetland buffers upland within the required 50 foot shoreline setback or greater. A required
buffer restricts development within the required setback including clearing, grading, docks and installation of structures;
or if proposed required the appropriate mitigation sequencing under the Critical Areas Ordinance. North Lake contains
wetlands below the ordinary high water mark satisfying the three wetland parameters. The peer review is in process and
therefore the submitted shoreline exemption is on -hold.
Thank you for your inquiry.
Kind regards.
Leila
From: youngyui@comcast.net [mailto:younclyuI5comcast.net]
Sent: Wednesday, August 24, 2016 1:56 PM
To: Leila Willoughby -Oakes
Subject: Fwd: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035)
body=">
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