16-106166 (2)RECEIVED 12
DEC 2 7 2016
DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY OF FED EPA L 1NA1p 33325 81h Avenue South
Ak' CITY OF _��5 Federal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
FederalWay www.citvoffederalway.com
APPLICATION
CRITICAL AREA DIRECT SERVICES PROGRAM
Project Name:
Project Description.
Lo +
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Project Address: dv"_Cd #_ Wg Q f 0 0610
Parcel #:
yqd- D bo o 0/0
Contact Name: /y(S) S Phone: 2-c9>- FG C-3 }2 5 Email: %d1t*tfA
Mailing Address (if different from above): �L-I I c)(4`ku .)qVlf S=
V,Pvl+
I am the owner of the above referenced property and I authorize the city to obtain an estimate of project cost. I recognize the
Direct Services Program is optio and that I may choose to utilize any qualified consultant of my choosing. I agree to
ci indemnify and release the m all liability associated with the program or the work/reports of the consultant.
Signature: — Date:
City Use Only
Consultant Name:
Date Sent to Consultant:
O'n l
Materials Sent to Consultant:
I -Site Plan ❑ Landscape Plan
Special Study(s) 0 61 L'� v� .ham ad - P" ' EQ
❑ Other: ❑ Other: d E�.�Uc
Bulletin #078 — June 1, 2014 Page 1 of 1
Q c�- 2ol b
k:\Handouts\Critical Areas Optional Direct Services Application
4k
CITY OF
Federal Way
Date: July 6, 2018
To: Erik Earle, IT GIS Analyst
From: Doc Hansen, Planning Manager
MEMORANDUM
Community Development Department
Subject: Re: Louise's North Lake Tracts Lot 2 Wetland Delineation Approval
(Parcel: 442060-0010)
The purpose of this memo is to follow-up on a requested update to the GIS wetland base map
(atlas page #85), sent on March 22, 2017. According to the Wetland Delineation Report prepared
by Altman Oliver Associates, LLC and survey prepared by Barghausen (copies enclosed), there
is a Category II wetland located on parcel #442060-0010. The Category II wetland requires a
100-foot wetland buffer measured landward from the wetland edge. The wetland edge is
coincident with the OHWM.
The city's consultant, ESA, reviewed the report and they concur. The Department of Community
Development concurs with the report rating and delineation.
APPROVED
(/,?, 01 -4, � �ul
Robert `Doc' Hansen, Planning Manager
A
CITY OF
Federal Way
Community Development Department
Date: March 22, 2017
To: Erik Earle, IT GIS Analyst
From: Stacey Welsh, Acting Planning Manager
Subject: Louise's North Lake Tracts Lot 2 —Wetland Delineation Approval
(Parcel: 442060-0010)
The purpose of this memo is to request an update to the GIS wetland base map (atlas page #85).
According to the Wetland Delineation Report prepared by Altman Oliver Associates, LLC and
survey prepared by Barghausen (copies enclosed), there is a Category II wetland located on
parcel #442060-0010. The Category 11 wetland requires a 100-foot wetland buffer measured
landward from the wetland edge. The wetland edge is coincident with the OHWM.
The city's consultant, ESA, reviewed the report and they concur. The Department of Community
Development concurs with the report rating and delineation.
APPROVED
Alo
Stacey Welsh "Acting Planning Manager
Leila Willoughby -Oakes
From: Ilon Logan <ILogan@esassoc.com>
Sent: Friday, February 17, 2017 8:40 AM
To: Leila Willoughby -Oakes
Cc: Michael Muscari
Subject: RE: Proposal for Wetland and Stream Study: Federal Way parcel # 442060-0010
Very good, Leila. You have a great weekend too!
997,
From: Leila Willoughby -Oakes [mailto:Leila.Willoughby-Oakes@cityoffederalway.com]
Sent: Friday, February 17, 2017 7:55 AM
To: Ilon Logan
Cc: Michael Muscari
Subject: RE: Proposal for Wetland and Stream Study: Federal Way parcel # 442060-0010
Hi Ilon,
Thanks for the follow up. Yesterday, at the permit centre I confirmed with Mr. Nos Ivanchuk that he is not using direct
services. I have requested he emails Planning to formally cancel the request.
Apologies for the confusion, I will let you know if we need ESA to peer review Federal Bank's study in response to
Michael's Lot 2 memo (dated 01-31-17).
Have a great weekend,
Leila
From: Ilon Logan [mailto:ILogan(a7esassoc.com]
Sent: Thursday, February 16, 2017 5:16 PM
To: Leila Willoughby -Oakes
Cc: Michael Muscari; Becky Chapin
Subject: RE: Proposal for Wetland and Stream Study: Federal Way parcel # 442060-0010
Hi Leila,
I have not heard from Mr. Ivanchuk, but that made sense to me because I have always understood that Mr. Ivanchuk
and Ms. Dmitroychuck were the same party. So when I saw the email from you on 2/8/17 from David Knight (their
agent) saying that the bank had already contracted with a private consultant and were finishing up the work, I assumed
that we would not hear back from him. I also assumed he found someone else because it took me so long to send him a
scope of work.
I am in the office all day tomorrow if you want to give me a call to discuss.
Thanks!
Ilon
From: Leila Willoughby -Oakes Finailto:Leila.Willoughby-OakesC@cityoffederalway.com]
Sent: Wednesday, February 15, 2017 4:25 PM
To: Ilon Logan
Cc: Michael Muscari; Becky Chapin
Subject: RE: Proposal for Wetland and Stream Study: Federal Way parcel # 442060-0010
Hi lion,
Did you receive a response or payment from Mr. Nos Ivanchuk?
I have copied my colleague Associate Planner Becky Chapin. She is processing a shoreline exemption on Lot 2 and should
be kept abreast. However, I will close up any direct service contract or peer reviews on this lot.
Thanks again.
Best,
Leila
L. Willoughby -Oakes
Associate Planner
Federal Wayr
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.cityqffederalway.com
From: Ilon Logan [mailto:ILoganC@esassoc.com]
Sent: Tuesday, February 07, 2017 10:12 AM
To: lawofFicenow@gmail.com
Cc: Leila Willoughby -Oakes; Michael Muscari
Subject: Proposal for Wetland and Stream Study: Federal Way parcel # 442060-0010
Dear Mr. Ivanchuk,
The City of Federal Way forwarded me your Direct Services Program request for a wetland determination and ordinary
high water mark delineation of your property in Federal Way. I'd like to first apologize for our delay in contacting you
with a proposal as I know it has been several weeks. Secondly, and for your review, we have put together the scope and
fee estimate below based on the content in the City's request form. I have also attached a blank standard agreement
that we will use as our contract vehicle so that you can review that as well. Once you have reviewed the information
below and the attached contract, please feel free to contact with me with any questions or if something is unclear. If
the scope of work and agreement meets your needs, I will prepare a draft contract and request a retainer check (for half
of the total fee) to get started.
ESA will provide Wetland Determination and Ordinary High Water Mark Delineation services for the property located at
30XX S 337`h Street, Federal Way (Parcel #442060-0010). Our scope includes:
s Conduct field investigation by qualified wetland biologists to complete a wetland and ordinary high water mark
delineation of the entire property.
■ Prepare brief memo summarizing results of site delineation. Memo will describe wetlands and waterbodies on
subject properties and associated buffer according to FWRC 15.10 (shoreline regulations).
1
Prepare wetland rating forms and figures for wetlands on subject properties according to FWRC 15.10.
The cost estimate to provide this scope of services is $3,900 pursuant to the fee schedule in our Professional Services
Agreement the City. This includes one (1) 8-hr/day site visits by two (2) qualified wetland biologists, one (1) day to
develop the memorandum and communication with City, one (1) day to complete the required wetland rating forms and
figures, and one half (0.5) hour for administrative tasks.
Best regards,
[Ion Logan
Ilon E. Logan, PWS
Senior Ecologist and Project Manager
ESA I Environmental Science Associates
5309 Shilshole Ave. NW, Suite 200
Seattle, WA 98107
206.789.9658 main 1206.789.9684 fax
ilogan@esassoc.com I www,esassoc.com
Leila Willoughby -Oakes
From: Leila Willoughby -Oakes
Sent: Wednesday, February 08, 2017 3:50 PM
To: 'David R Knight'; lawofficenow@gmail.com
Cc: Ricka Gerstmann (Ricka.Gerstmann@wafd.com); estatebids@gmail.com; 'Ilon Logan'
Subject: RE: REO SUMMERS RE: LL Management Lot 2 - Federal Way
David,
Please note the re-flagging/wetland map/delineation will still be peer reviewed ensuring the environmental work
complies with city biologist comments. The peer review letter was only sent to parties today, therefore please forward
the ESA review memorandum to Federal Bank's biologist.
LL Management did not cancel the direct services request with the city.
Thank you,
L. Willoughby -Oakes
Associate Planner
Ala
Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.citvoffederalway.com
From: David R Knight fmailto.,David Landman@msn.com]
Sent: Wednesday, February 08, 2017 3:42 PM
To: Leila Willoughby -Oakes; lawofficenQw@gmall.com
Cc: Ricka Gerstmann (Ricka.Gerstmann@wafd.com); estatebids@ymail.com
Subject: REO SUMMERS RE: LL Management Lot 2 - Federal Way
Leila,
Thanks for this.
Washington Federal (current owner of the property) has contracted with a private wetland consultant who has flagged
the property, Barghausen Surveying has surveyed the flagging and is finishing the required map to be submitted by LL
Management shortly.
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@rnsn.com
From: Leila Willoughby -Oakes [mailto:Leila.Willoughby-OakesCc�cityoffederaiwa +� cam]
Sent: Wednesday, February 8, 2017 3:38 PM
To: 'David R Knight'; lawofficenow@gma l_com
Cc: Ricka Gerstmann (Ricka.Gerstmann@wafd.com)
Subject: RE: LL Management Lot 2
David,
Please note LL Management LLC has applied for a direct services wetland delineation (File No. 16-106166-AD) with the
city's on call biologist for the required revisions - in order to complete the field work, data sheets and wetland mapping
(per p. 2 of the peer review), which is required prior to site development. The direct services payment by LL
Management is pending. The environmental work will be conducted when the consultant receives payment and a
signed contract from LL Management by Irina Dmitroychuk.
Thank you,
L. Willoughby -Oakes
Associate Planner
. `. Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.c itvoffede ra l way.corn
From: David R Knight [mailto:David Landmanamsn.com]
Sent: Wednesday, February 08, 2017 3:23 PM
To: Tamara Fix; lawofficenow@gmail.com
Cc: Leila Willoughby -Oakes
Subject: RE: LL Management Lot 2
Thank you for this. We will review.
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: Tamara Fix [mailto:Tamara.Fix@citvvfFederalway.com]
Sent: Wednesday, February 8, 2017 11:16 AM
To: lawofficenow@gmall.com
Cc: 'david_landman@msn.com'; Leila Willoughby -Oakes
Subject: LL Management Lot 2
Ms. Dmitroychuk,
Attached are two documents from the City of Federal Way regarding the above -mentioned project. The originals are
being mailed to you.
Leila Willoughby -Oakes
From: Michael Muscari <MMuscari@esassoc.com>
Sent: Tuesday, February 07, 2017 4:25 PM
To: Leila Willoughby -Oakes
Cc: Ilon Logan
Subject: RE: LL Managment Lot 2 review
Attachments: Lot 2 review memo revised feb 7.pdf
Thanks for catching that incorrect reference Leila.
We revised memo.
Ecology did not amend their wetland delineation manual but they did amend the WAC in 2011 which now requires use
of the Federal manual, which is the one we refer to in the memo.
I left the original date on the memo. Is that OK?
Michael
From: Leila Willoughby -Oakes [mallto:Leila.Wlllou�hhy-Oakes ci offederalway.com]
Sent: Wednesday, February 01, 2017 9:34 AM
To: Michael Muscari
Cc: Ilon Logan
Subject: RE: LL Managment Lot 2 review
Michael,
The city requests an edit on page 1 to reference the correct code, see below. Our critical area codes for state shorelines
are still housed in our shoreline code (Title 15). If you could advise on the difference between the two manualthat
would be appreciated!
Kind regards,
Leila
n..r:neae en M .. tah The methodology outlined in the manual is based upon three essential characteristics of
wetlands: (1) hydrophytic vegetation; (2) hydric soils; and (3) wetland hydrology. Field indicators of these three
characteristics must all be present in order to determine that an area is a wetland (unless problem areas or atypical
situations are encountered).
Per FWRC 15.10.240, the presence or absence of wetlands was determined based on the methodology in the
March 1997 Washington State Wetlands Identification and Delineation Manual (Department
of Ecology Publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999,
or as subsequently amended, will be used for identification and delineation of wetlands within the city.
Although a site -specific wetland may not meet the criteria described above, it will be considered a regulated
wetland if it is functionally related to another wetland that meets the criteria. Where vegetation has been removed,
a wetland may be determined by the presence of hydric soils, as well as other documentation of the previous existence
of wetland vegetation such as aerial photographs..
From: Leila Willoughby -Oakes
Sent: Wednesday, February 01, 2017 9:23 AM
To: 'Michael Muscari'
Cc: Ilon Logan
Subject: RE: LL Managment Lot 2 review
Hi Michael,
Thank you so much for completing the peer review File No. 16-103944-AD.
I gather you will follow-up with a formal wetland delineation, mapping and field sheets in a direct service request by the
applicant (File No. 16-106166-AD)? The city requests we are copied on all communication between you and Mr. Nos
Ivanchuk/Ms. Irina Dmitroychuk.
Have a great day,
L. Willoughby -Oakes
Associate Planner
Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.cityoffedera lway.corn
Land Use Forms: htta.,//www.citvoffederalway.com/index.aspx?nid=481
For general planning inquiries please call. 253-835-2655. The on -call planner will assist you.
From: Michael Muscari [maiito;MMuscari esassoc.com]
Sent: Tuesday, January 31, 2017 4:50 PM
To: Leila Willoughby -Oakes
Cc: Ilon Logan
Subject: LL Managment Lot 2 review
Leila,
Attached is our review memo for the LL Management recon conducted in November 2016.
Please don't hesitate to call if you have questions.
Michael
Michael Muscari
Senior Wetland Ecologist
ESA I Northwest Biological Resources Group
5309 Shilshole Avenue NW, Suite 200
Seattle, WA 98107
206.789-9658 1 206.789-9684 fax
m en u sca h(a7es a ssoc.co m
Leila Willoughby -Oakes
From: Ilon Logan <Ioogan@esassoc.com>
Sent: Tuesday, February 07, 2017 10:12 AM
To: lawofficenow@gmail.com
Cc: Leila Willoughby -Oakes; Michael Muscari
Subject: Proposal for Wetland and Stream Study: Federal Way parcel # 442060-0010
Attachments: ESA _Feb2017_IvanchukProperty FeclWay_DRAFT AGREEMENT.pdf
Dear Mr. Ivanchuk,
The City of Federal Way forwarded me your Direct Services Program request for a wetland determination and ordinary
high water mark delineation of your property in Federal Way. I'd like to first apologize for our delay in contacting you
with a proposal as I know it has been several weeks. Secondly, and for your review, we have put together the scope and
fee estimate below based on the content in the City's request form. I have also attached a blank standard agreement
that we will use as our contract vehicle so that you can review that as well. Once you have reviewed the information
below and the attached contract, please feel free to contact with me with any questions or if something is unclear. If
the scope of work and agreement meets your needs, I will prepare a draft contract and request a retainer check (for half
of the total fee) to get started.
ESA will provide Wetland Determination and Ordinary High Water Mark Delineation services for the property located at
30XX S 337t' Street, Federal Way (Parcel #442060-0010). Our scope includes:
• Conduct field investigation by qualified wetland biologists to complete a wetland and ordinary high water mark
delineation of the entire property.
• Prepare brief memo summarizing results of site delineation. Memo will describe wetlands and waterbodies on
subject properties and associated buffer according to FWRC 15.10 (shoreline regulations).
• Prepare wetland rating forms and figures for wetlands on subject properties according to FWRC 15.10.
The cost estimate to provide this scope of services is $3,900 pursuant to the fee schedule in our Professional Services
Agreement the City. This includes one (1) 8-hr/day site visits by two (2) qualified wetland biologists, one (1) day to
develop the memorandum and communication with City, one (1) day to complete the required wetland rating forms and
figures, and one half (0.5) hour for administrative tasks.
Best regards,
[Ion Logan
lion E. Logan, PWS
Senior Ecologist and Project Manager
ESA I Environmental Science Associates
5309 Shilshole Ave. NW, Suite 200
Seattle, WA 98107
206.789.9658 main 1206.789.9684 fax
iiogan -.esassoc.com I www.esassoc.com
Leila Willoughby -Oakes
From: Leila Willoughby -Oakes
Sent: Thursday, January 05, 2017 10:59 AM
To: Ilon Logan
Cc: 'Michael Muscari'
Subject: Direct Services Request (File: 16-106166-AD)
Attachments: North Lake Lot 2 Direct Services Request.pdf, Direct Services Application -Lot 2.pdf
Hi Ilon,
The City of Federal Way received a request for Direct Services Program for a wetland determination and
ordinary high water mark delineation. Presently, Michael is processing a peer review on the property, the
applicant has chosen to fulfil ESA's forthcoming technical review memo and the 10/10/2016 Ecology Wetland
Determination using direct services. Ecology and did not concur with the applicant's biologist findings (Gary. C.
Shultz) requires the applicant reassess the wetland. I wanted to contact you to see if ESA is available to do the
work. I've attached the Scope of Work/Cost Estimate form. Under optional direct services the applicant and city
consultant will be required to copy the Planning Division on all correspondence and provide the city with the
resulting product.
The applicant is a pending purchaser and would like an assessment of the critical areas on site for the
purposes of a single family development. The address is 30XX S 337th Street, Federal Way parcel # 442060-
0010.
If you are available, please let me know if you would like the scope of work mail to you or if the attached PDF is
sufficient. Please feel free to contact me if you have any questions or concerns.
Thanks,
Leila Willoughby -Oakes
L. Willoughby -Oakes
Associate Planner
srrr o+
Federal Way
33325 8ch Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.citvofederalway.com
Land Use Forms: http://www.cityoffederalway.com/index.aspx?nid=481
For general planning inquiries please call. 253-835-2655. The on -call planner will assist you.
Leila Willoughby -Oakes
From:
Sent:
To:
Cc:
Subject:
Good morning Mr. Ivanchuk,
Leila Willoughby -Oakes
Tuesday, February 21, 2017 11:25 AM
'Law Offices'
'David R Knight'
RE: Direct Services Cancellation (16-106166-AD)
Per the Planning Manager, the Department will consider your direct services request for tax parcel 442060-001 closed
within 30 days of this email. You must engage a wetland biologist privately to complete the wetland report/wetland
map survey (delineation, rating, ordinary high water mark determination, and buffer). The wetland report will be subject
to review by the city's consultant.
Thank you,
Leila
L. Willoughby -Oakes
Associate Planner
Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.citvoffederalway.com
From: Leila Willoughby -Oakes
Sent: Friday, February 17, 2017 7:59 AM
To: 'Law Offices'
Cc: 'David R Knight'
Subject: Direct Services Cancellation (16-106166-AD)
Hello Mr. Ivanchuk,
Please formally cancel your critical area study Direct Services request for tax parcel 442060-001 in writing. Submitted
critical area/wetland reports may be reviewed by the city's third party consultant at the applicant's expense.
Thank you,
L. Willoughby -Oakes
Associate Planner
Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.ci tvoff ed a ra lway. co rn
�� 5309 Shilshole Avenue NW
,lid Suite 200
J Seattle, WA 98107
206.789.9658 phone
206.789.9684 fax
memorandum
date January 31, 2017
to Leila Willoughby -Oakes, City of Federal Way Department of Community Development
www.esassoc.corn
from Michael Muscari and Ilon Logan
subject Wetland Determination Review: LL Management LLC_(Lot 2, Parcel #442060-0010, of Louise's North
Lake Tracts), Federal Way
This memo provides a summary of our review of the wetland and ordinary high water mark (OHWM)
delineation on Lot 2 of the Louise's North Lake Tracts (Tax Parcel Number 442060-0010) at 30XXX S 337t'
Street in Federal Way, Washington. Wetland and ordinary high water mark (OHWM) delineations were reported
and submitted to the City on Plan Sheets produced by Barghausen Consulting Engineers, Inc. dated August 1,
2016.
Review of Documents
Environmental Science Associates (ESA) reviewed the Plan Sheets that were submitted to the City and
conducted a site visit to observe wetland and lake conditions. ESA also reviewed a memo from Paul Anderson
(Ecology) addressed to the City on October 10, 2016. The conclusions and information in the documents were
used to compare to the site conditions observed during the ESA site visit (described below).
Site Review of Wetland and OHWM Delineation
ESA wetland biologist Michael Muscari conducted a site visit on November 15, 2016 to observe site conditions
on the properties. Observations were made of existing soil conditions, hydrology sources and patterns, and
vegetation communities in order to make a determination whether conditions in any portion of the study area
meet the definition of wetland in the Federal Way Revised Code (FWRC). No efforts to delineate the precise
boundaries of any identified wetlands were made during the November site visit.
Per FWRC 15.10.240, the March 1997 Washington State Wetlands Identification and Delineation Manual
(Department of Ecology Publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1,
1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city.
State wetland rules were revised in 2011 to no longer require the use of the Department of Ecology publication
referred to above. The amendment to state rules (WAC 173-22-035) requires the use of current approved federal
manuals and supplements. Therefore, the presence or absence of wetlands on this project site was determined
based on the methodology in the Western Mountains, Valleys, and Coasts Regional Supplement to the Corps of
Engineers 1987 Wetlands Delineation Manual. The methodology outlined in the manual is based upon three
essential characteristics of wetlands: (1) hydrophytic vegetation; (2) hydric soils; and (3) wetland hydrology.
Field indicators of these three characteristics must all be present in order to determine that an area is a wetland
(unless problem areas or atypical situations are encountered).
Page 1 of 3
Lot 2
Wetland and OHWM Review
January 31, 2017
Wetland conditions were observed in one area of the parcel only; on the north end along the lake shore. ESA
observed plant species and dug multiple soil sample pits to a depth of 18 inches. Sandy loam soils were
characterized as 1 OYR 5/2 with 5Y 4/6 redox features (Munsell color chart), which is consistent with hydric soil
indicator A 11 (depleted below dark surface). Wetland hydrology and wetland vegetation were also observed.
Wetland hydrology indicators included saturation to the surface and standing water at a depth of 4 inches in the
soil pit. All of the dominant plants at the soil pit location were hydrophytic (i.e., water tolerant) species. The
attached figure shows a view near the approximate location of the wetland boundary. The portion of the wetland
on -site is covered primarily by grasses and shrubs. The wetland extends off -site to the west where the dominant
plants are trees and shrubs, and also extends north into the lake. Dominant plants within the lake are water lily,
cattail, and sedges. We estimate the size of the wetland to be greater than 2,500 square feet. Photo 1 shows a view
looking north at the southern extent of the wetland.
The wetland is contiguous with North Lake, which is a Shoreline of the State, therefore the wetland is considered
to be an associated with shoreline and is regulated under Title 15 of the FWRC. Wetlands within Shoreline
jurisdiction greater than 2,500 square feet are classified as a Category II based on FWRC. The standard buffer
required for Category II wetland is 100 feet (Chapter 15.10.250 FWRC).
We also made observation of surface water and indications of flooding to determine the OHWM of North Lake
following the definition of OHWM in Chapter 15.05.030 of the FWRC. Surface water was present up to the
OHWM during our site visit in November 2016. The attached figure shows the approximate location of the
OHWM on Lot 2. Photo 2 shows a view looking northwest at surface water along the OHWM.
Recommendations
Based upon our field investigation and other documentation provided, ESA recommends the following:
• The wetland boundary should be re -delineated following methods required by the FWRC pursuant to the
Corps 1987 Manual and regional supplement. Data plots should be established within and outside of the
wetland to document the delineation.
The wetland should be rated based on the methods required by the FWRC and a standard buffer should be
applied and shown on a parcel map.
• The OHWM of North Lake should be re -flagged to coincide with indicators that show recent high water.
The OHWM, as observed during our site visit, is south of where it is shown on the Plan Sheet (it is
located approximately where the wetland boundary line is shown on the Plan Sheet).
Limitations
Within the limitations of schedule, budget, seasonal constraints, and scope -of -work, we warrant that this study
was conducted in accordance with generally accepted environmental science practices, including the technical
guidelines and criteria in effect at the time this study was performed. The results and conclusions of this report
represent the authors' best professional judgment, based upon information provided by the project proponent in
addition to that obtained during the course of this study. No other warranty, expressed or implied, is made. The
wetland boundaries, classifications and ratings should be considered subject to change until reviewed and
approved by regulatory agencies.
Page 2 of 3
Lot 2
Wetland and OHWM Review
January 31, 2017
PHOTOS
Photo 1. Looking north at emergent wetland on Lot 2. The stainless steel soil auger in the foreground of the photo
is near the approximate wetland boundary. (Nov 15, 2016)
Photo 2. Looking NW at surface water showing OHWM in NW corner of Lot 2. (Nov 15, 2016).
Page 3 of 3
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LEGAL DESCRIPTION
(PER TRUSTEE'S DEED FILED
WASHINGTON FEDERAL UNDER
LOTS 2, 5, 6 AND 7, LOUISE
OF BLOCK 19, NORTH LAKE,
ACCORDING TO THE PLAT THE
OF PLATS, PAGE 23, IN KING
ASSESSOR'S PARCEL NUN
442060-0010, -0025 & 0030
ADDRESS
31XX S. 337TH STREET
FEDERAL WAY, WA 98001
BASIS OF BEARING
(NAD83(1991) FEDERAL 1
BASIS OF BEARING FOR THIS F
FOUND FEDERAL WAY 3" BRAS'.
MONUMENT ID 4453 AND ANON
MONUMENT KNOWN AS MONUME
WERE HELD FOR THESE MONUA
NAD83(1991) CONTROL VALUES
MONUMENTS HELD AS NORTH 5
BASIS OF ELEVATION I
BASIS OF ELEVATION WAS E
NAVD 88 ELEVATION OF A
MONUMENT, KNOWN AS NO.
VERTICAL DATUM
SOURCE: KING COUNTY Cf
ID #: 4453
DESCRIPTION: 3° BRASS N
LOCATION: CENTERLINE OF
5 '
41k
CITY OF
Federal Way
CRITICAL AREA DIRECT SERVICES REQUEST
Date: January 5, 2016
Consultant: Ilon Logan
ESA
5309 Shilshole Ave. NW, Suite 200
Seattle, WA 98107
206.789.9658
ilogan(@esassoc.com
Project: LL Management LLC- Louise's North Lake Tracts Lot 2
31XX S 337t' St.
Federal Way, WA
Parcel #442060-0010
File No.: 16-106166-AD
Applicant: Nos Ivanchuk
24913 104t' Ave SE
Kent WA 98030
lawofficenow@gmail.com
City Staff. Leila Willoughby -Oakes, Associate Planner
Community Development Department
33325 8th Avenue South
Federal Way, WA 98003
253-835-2644
leila,willoughby-oakes@cityoffederalway.com
Scope of Work: The City received a request for use of the Critical Areas Direct Service Program.
The project proponent has requested a cost estimate be provided for the delineation
and rating of the wetland on the subject property and the ordinary high water mark
along North Lake, pursuant to Federal Way Revised Code (FWRC) Chapter 19.145,
`Environmentally Critical Areas'. Specifically, Article IV, Wetlands.
There is an ongoing critical area peer review of an existing critical area study on the
subject property (file no. 16-103944-AD) and the applicant has chosen to address
technical review comments from the city's consultant using direct services.
Documents Provided: Signed Application for Critical Area Direct Services Program
Critical Areas Map
Task Cost: Estimate $ . Costs to the applicant are pursuant to the fee schedule in
the consultant's Professional Services Agreement with the City. Applicant shall pay
consultant directly. The consultant may require pre -payment of estimated cost.
Communication: A copy of any contract/agreement between the applicant and the consultant shall be
provided to the city. The city staff representative noted above shall be copied on
any communication moving forward.
File # 16-106166-AD
Page 1
Doc ID 75183
City of Federal Way Critical Areas Map, 2016
File # 16-106166-AD Page 2 Doe ID 75183
Leila Willoughby -Oakes
From: Leila Willoughby -Oakes
Sent: Wednesday, December 14, 2016 2:25 PM
To: 'Law Offices'
Cc: 'David R Knight'
Subject: North Lake Lots- Addressing Required Buffer/OHWM/Wetiand Category Revisions
Attachments: 078 Critical Areas Optional Direct Services.pdf, North Lake Wetland Memo 10-10-16.pdf
Nos,
Per our call. Please find the attached Direct Services form as requested. I have forwarded this form previously to your
real estate agent and Mr. David Knight on November 17, 2016. Mr. Daniel Ivanchuk had been in contact with the city via
phone and email. I have responded with the email below outlining the process. Unfortunately, we did not received a
response or application submission.
If you choose this option please submit the request to the Permit Center. The direct services request will be reviewed
and considered by the Planning Manager. If you proceed with direct services request the city's on -call consultant and
applicant must copy the city on all communication and release all critical area reporting/ reports/mapping to the city.
You second option, when the peer review for Lot 2 is received by the on -call consultant (ESA) the applicant may retain
their own wetland biologist to conduct the revisions and survey. The city will review these documents for consistency
with the technical review comments on file from Ecology and the city's on -call consultant.
With thanks,
Leila
L. Willoughby -Oakes
Associate Planner
Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.citvoffedera Iway.com
From: Leila Willoughby -Oakes
Sent: Thursday, November 17, 2016 1:32 PM
To: 'estatebids@gmail.com'
Cc: 'Law Offices'; 'David R Knight'
Subject: North Lake Wetland- Direct Services Request Form
Greetings Mr. Ivanchuk:
Per our conversation this morning, please find the attached Optional Direct Services Form attached, as requested. if you
choose to perform the remaining wetland delineation, buffer depiction, and biologist work on Lot 2 (Parcel-
4420600010), Lots. You had asked if you might use the city's on -call biologist.
There will be a cost to do this field work and mapping. Direct services costs must be paid prior to proceeding directly to
the consultant. You must apply through the permit center directly, in person. Electronic submittals are not accepted.
Until we have received this application we cannot process your request, despite our conversation today, we have not
received an application. Once received the application would routed a biologist on our on call list. For a direct services
contract it is understood the city is cced on all contact/emails and the final report/mapping. I do not know which city on -
call biologist will be used. A 100 ft. wetland buffer upland on Lots 5, 6 and 7 remains to be mapped measured from the
correct ordinary high water mark on plans date stamped August 2016. This will also require a wetland biologist and
accurate surveying or GPS mapping.
Unfortunately, you may not apply a 150 ft. buffer to Lot 2, as you mentioned. The wetland must be correctly
mapped/flagged as well as the Ordinary High Water Mark — these two items must be are performed by and at the
expense of the applicant (Mr. Dimitroychuk) via a professional wetland/wildlife biologist. The edge of the wetland on
Lots 5,6, and 7 is the ordinary highwater mark. The edge of the Category II wetland on Lot 2 (Parcel- 4420600010) is still
being evaluated by ESA (city's on -call biologist), and lie upland from the ordinary high water mark. A review
memorandum from ESA (Michael Muscari, Senior Ecologist, ) is forthcoming.
If you have any questions do not hesitate to contact me.
Kind regards,
L. Willoughby -Oakes
Associate Planner
Federal Warr
33325 8ch Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
w ww. c Itvaff ed a ra I way.co m
From: Leila Willoughby -Oakes
Sent: Thursday, November 17, 2016 9:08 AM
To: 'Daniel Soleil Real Estate'; David R Knight
Cc: tbarghausen@barghausen.com; bear4all@yahoo.com; Ricka.Gerstmann@wafd.com
Subject: RE: Parcel 4420600010
Good morning gentleman and Ms. Gerstmann,
The critical area peer review process for parcel (Lot 2) is not complete (4420600010). 1 will forward a technical review
memorandum from the city's on -call biologist ESM. They performed their site visit earlier this week. The city did not
received a signed contract to proceed with the peer review until November 1, 2016.
I have spoken with Mr. Nos Dmitroychuk over the phone earlier this week, and conveyed the message to him. I have
spoken with Mr. David Ivanchuk amd Mr. David Knight and conveyed the same message.
Please find the Department of Ecology's assessment attached. The city concurs with their assessment. Accordingly,
mapping and field work must be revised by the applicant's (Mr. Dmitroychuk) wetland biologist to address review
comments by the city's on -call biologist (forth -coming for Lot 2) and Ecology.
Kind regards,
Leila Willoughby -Oakes
From: Anderson, Paul S. (ECG <paan461@EC(.WA.GOV>
Sent: Monday, October 10, 2016 10:06 AM
To: Leila Willoughby -Oakes
Cc: Pater, David (EC)
Subject: North Lake wetland memo
Attachments: North Lake Wetland Memo 10-10-16.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
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@ecy.wa.gov
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 may be 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 § 6.13).
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'llwww.fws.clov/wetlands/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:llgismaps.kingcounty.govlparcelviewer2/], 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 odorald) 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
3ir1
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
vk4bndr Ma"W V2
Lt.]
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
.uw
NORTH LAKE —KING COUNTY
T21 N—R4E—Sec15
56 Surface Acres
Surv. 7 March 1450—Slate pep} of Game
Volume—! 16 Acre Feel
W
SCA/E IN FEET
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 7th, 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 7th;
■ 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 A3,1 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.B.(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
Hru by, 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
p'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: Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV>
Sent:
Friday, September 23, 2016 8:25 AM
To:
Leila Willoughby -Oakes
Cc:
Subject:
Pater, David {ECY7
RE:
North Lake wetland
Leila. -
The consensus of Ecology wetland staff is that the aquatic bed wetland along the south and west shoreline of
North Lake should be considered contiguous with the strip of scrub -shrub wetland identified on the site plans.
Pertinent language from the current wetland rating system includes the following: Section 4.4 — 2014
Wetland Rating System for Western WA.
"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."
The National Wetlands Inventory maps the aquatic bed wetland as 12.21 acres. Therefore, the wetland is
greater than 2,500 square feet and would qualify as a regulated wetland in the Federal Way Municipal
Code. My initial interpretation of the wetland categories listed in SMP Appendix A, is that this is a Category II
wetland that meets criteria (2)a. (a water body with fish) and b. (> 1 acre in size).
I will provide the City with a formal write-up of Ecology's findings when I return from vacation the first week of
October. If there is anything else we can do in the meantime, or if you have any other questions about this
project, please let me know. I will be working today and then on vacation until Oct. 3rd
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@ecy.wa.gov
Leila Willoughby -Oakes
From: Leila Willoughby -Oakes
Sent: Tuesday, December 01, 2015 9:50 AM
To: 'Alex WhiteBelenky'
Cc: David Litowitz; 'Kaehler, Gretchen (DAHP)'
Subject: RE: File # 15 - 100738-00 - /Summer Lots Shoreline Residential Development
(4420600010, 4420600025, and 4420600030)
Greetings Alex,
1. A brief peer review of the wetland study will be required to concur with the findings of the professional wetland
scientist retained by the seller, ensuring the study is accurate prior to residential building permit approvals.
Ultimately determining the buildable land area and mapping designated critical areas on the site and ensuring
the extent of the lake fringe wetlands, which there typical of this area due to shoreline vegetation are protected.
You may start a peer review to vet this report by submitting an Administrative Decision Request and the a
hardcopy of the report to the Permit Center in person at City Hall:
http://www.citvoffederalway.com/DocumentCenter/View/6437 all wetland reports are peer reviewed for
quality control. You may do this without owning the land. The city will contact their on -call consultant and
provide you a quote for the peer review. The report will be reviewed for consistency with the new critical areas
ordinance adopted by the city in June 2015. The property was reviewed under the old critical areas code, no
vesting has occurred as no permits have been submitted.
2. Please provide proof of the segregation/merger approval from King County during any building permit
submission on these lots. The assessor data we have may not be up to date. The Building Department does not
permit buildings on top of lot lines.
As listed in the pre -application letter, contact Gretchen Kaehler a state Archaeologist, cced on this email to
confirm the legislative requirements of an outside agency for address. Provide documentation that there are no
cultural resources on these sites (4420600010, 4420600025, and 4420600030). An Archeological Historic
Resources Survey/Study is at the discretion of the Department of Archaeology and Historic Preservation (DAHP).
Unless the planner you spoke to is a DAHP official, the local planners or a private consultant retained do not
have jurisdiction over satisfying state requirements. Please provide documentation of any sign -off by DAHP
archaeologists.:
Gretchen Kaehler
Assistant State Archaeologist, Local Governments
Department of Archaeology and Historic Preservation
Olympia
Ph:360-586-3088
Cell:360-628-2755
Thank you,
L. Willoughby -Oakes
Associate Planner
Please resubmit all applications via the Permit Center.
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone:253/835-2644 Fax: 253/835-2609
www.cit ofPederalwa .com
From: Alex WhiteBelen
ky[mailto:alexwhitebelenkyCDgmail.com]
Sent: Monday, November 30, 2015 5:19 PM
To: Leila Willoughby -Oakes
Cc: David Litowitz
Subject: File # 15 - 100738-00 - /Summer Lots Shoreline Residential Development
Leila
We are under P&S Agreement to purchase lots 5,6&7. I would appreciate if you can respond to following
questions.
1. In paragraph # 3 of above started file, there is a condition associated with further King County segregation
process. According to seller representative segregation process has been completed and we do have three
separate lots of record. Lots 5, 6 and 7. Please find attached records from King County. Please let me know if
you can remove comments associated with paragraph # 3 and it's no longer condition to above stated file.
If not, please identify what needs to be done for above stated condition to be removed.-
2.Paragraph 413. Archeological and Historic Resources. During my visit with senior planer, I was told that
subject area not normally subject to Archaeological review. Please identify reason fur such condition, and if that
condition can be removed.
3. Paragraph # 14, Wetland. Please find attached letter from Wetland specialist identifying NO wetland for lots
5,6 and 7; the only lot that is effected by on site wetland is lot # 2.
Please let me know if attached letter is satisfactory.
I appreciate for your time.
Sincerely.
Alex White
Member
Cottage Cour FW LLC.
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ATTACHMENT A
DATA SHEETS
i
WETLAND DETERMINATION DATA FORM —Western Mountains, Valleys, and Coast Region
Project/Site: A 1F C-e L- 4 4-2. Li G City/County: 1 E� k {�A � {''`I A V Sampling Date:
Applicant/Owner: A iN A r e2 i, z 1'* V State: L^t A Sampling Point
A P
Investigator(s): L,-r �Anit) Section, Township, Range: C,L C 211� Z 21 1 r l 41 C W , M
Landform (hillslope, terrace, etc.): 116 'FACE Local relief (concave, convex, none): Ca,-� CA`�� Slope (%):
Subregion (LRR): _ A Lat: �,. 29 1 Iq --Long: r 122 ;� L� Datum:
Soil Map Unit Name: A;-Vt c wvCl? G9844 LA 5Ay..ta; Lu Pry d cS 's o S t-0 ; NWI classification: L2 A 5
Are dimatic / hydrologic conditions on the site typical for this time of year? Yes L No (If no, explain in Remarks.)
Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes_)(_ _ No
Hydric Soil Present? Yes- < No Is the Sampled Area
Wetland Hydrology Present? Yes No within a Wetland? Yes -X— No
Remarks: pc_IrJrr&r IOIJ Cc3�Du0��'c� s 1t�(� i=,-zk C1: f�6o1f_ A�1c( CSC
iC-V'-C1 f i-TA'Clae3
VEGETATION — Use scientific names of plants.
Tree $Iralum (Plot size: J
1.
2.
3.
4.
Saollno/Shrub Stratum (Plot size:
1.
2.
3.
4.
Absolute Dominant Indicator
% Cover Snectes? Status
= Total Cover
5.
Herb S tum (Plot size: 1
1. RC1A0^C-JkLJ s re e
2. lao i LC: '%Ac +U
-2-0
= Total Cover
y f-AIL—
_
3.
�, o. J rv. Ir7r�a-^i i
t
N �rPu ua
_
4.
.
,fr+i QK i-. 5 .J5
S
p.l AIC.
5.
6.
7.
8.
9.
10.
11.
I G
= Total Cover
Woody Vine Stratum (Plot size: }
1.
2.
= Total Cover
% Bare Ground in Herb Stratum
Remarks:
?t.,k, T IS P410'0\CALC -y f4 00. -7
US Army Corps of Engineers
Dominance Test worksheet:
Number of Dominant Species
�-
That Are OBL, FACW, or FAC.
(A)
Total Number of Dominant
Species Across All Strata:
(B)
Percent of Dominant Species
L
That Are OBL, FACW, or FAC:
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals:
(A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indlcatars:
_ 1 -Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is >50%
_ 3 - Prevalence Index is s3.0'
_ 4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ 5 - Wetland Non -Vascular Plants'
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Hydrophytic
Vegetatlon
Present? Yes X No
Western Mountains, Valleys, and Coast -Version 2.0
SOIL
Sampling Point: I
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) �Cotor fmoist]
Color (moist) % Type' Loe
Texture Remarks
GfA�,4uY SA��t C.AY wK✓—
'Type. C=Concentration, D=De letion, RM=Reduced Matrix CS=Covered or Coated Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils':
_ Histosol (Al)
_ Sandy Redox (S5)
_ 2 cm Muck (A10)
_ Histic Epipedon (A2)
_ Stripped Matrix (S6)
_ Red Parent Material (TF2)
_ Black Histic (A3)
_ Loamy Mucky Mineral (F1) (except MLRA 1)
_ Very Shallow Dark Surface (TF12)
Hydrogen Sulfide (A4)
Loamy Gleyed Matrix (F2)
_ Other (Explain in Remarks)
Depleted Below Dark Surface (A11)
_
_ Depleted Matrix (F3)
_ Thick Dark Surface (Al2)
_ Redox Dark Surface (F6)
3Indicators of hydrophytic vegetation and
_ Sandy Mucky Mineral (S1)
_ Depleted Dark Surface (177)
wetland hydrology must be present,
_ Sandy Gleyed Matrix (S4)
_ Redox Depressions (F8)
unless disturbed or problematic.
Restrictive Layer (if present):
Type:
Depth (inches): _ _
_
Hydric Soil Present? Yes —2L No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
I
Prima U Indicators On Inimum of one required check all that a ppi Secondary lndirators 2 or more re aired
_X Surface Water (Al)
_ Water -Stained Leaves (139) (except _
Water -Stained Leaves (139) (MLRA 1, 2,
High Water Table (A2)
MI -RA 1, 2, 4A, and 4B)
4A, and 4B)
_ Saturation (A3)
_ Salt Crust (B11) _
Drainage Patterns (B10)
_ Water Marks (B1)
_ Aquatic Invertebrates (1313) _
Dry -Season Water Table (C2)
_ Sediment Deposits (B2)
_ Hydrogen Sulfide Odor (Cl) _
Saturation Visible on Aerial Imagery (C9)
_ Drift Deposits (133)
_ Oxidized Rhizospheres along Living Roots (C3) _
Geomorphic Position (D2)
_ Algal Mat or Crust (64)
_ Presence of Reduced Iron (C4) _
Shallow Aquitard (D3)
_ Iron Deposits (B5)
_ Recent Iron Reduction in Tilled Soils (C6) _
FAC-Neutral Test (D5)
Surface Soil Cracks (136) ,_,,,
Stunted or Stressed Plants (D1) (LRR A) ®
Raised Ant Mounds (D6) (LRR A)
_® Inundation Visible on Aerial Imagery (137)
_ Other (Explain in Remarks) _
Frost -Heave Hummocks (D7)
_ Sparsely Vegetated Concave Surface (68)
Field Observations:
, f
r
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
Depth (inches):
Saturation Present? Yes No
Depth (inches):
Wetland Hydrology Present? Yes No
(includes capillary fa
Describe Recorded Data (stream gauge, monitoring
well, aerial photos, previous Inspections), if available:
Remarks:
A c� �: D Ir+�m-rG7�pr�it,`i 'rrj twt -lt r-J (�
US Army Corps of Engineers Western Mountains, Valleys, and Coast — Version 2.0
-N �2 Io SL-1 AA - I
WETLAND DETERMINATION DATA FORM —Western Mountains, Valleys, and Coast Region
ProjectlSite: �l 64 � Colo City/County: fta Elm •- t" (i[ Y Sampling Date:
Applicant/Owner: WA l e-vi AL, State: 11`JA Sampling Point:
Investigator(s): 3 L v',-ANt-.I Section, Township, Range: _� L.t `'( 1 Z.I r_j# P N 6 Ws �m
Landform (hillslope, terrace, etc.): 5LC, `f' Local relief (concave, convex, none): Cd"4C_AJ1�- Slope (%):
g ( ) 7,q9 -71 Long: IZZ. � 2,-, 2.5— Datum:
Subregion LRR : Lat: y Z � _
Soil Map Unit Name: At-1 4_wo4 %, Aj6l Lo I SA-j,,?Y. L6AY- f O -170 $ f c 5 LG? G 5 NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes K No
Hydric Soil Present? Yes No .x Is the Sampled Area
Wetland Hydrology Present? Yes No X within a Wetland? Yes No
p'C L-1 pj'E,AiCv�T iL),J o,V(IEy v nriU A f'I-.3'-D ,aO i3so A-,AE AC J ['1Ci�C
kz�;C1T1 1 v-i /e-,�
VEGETATION — Use scientific names of plants.
BIZ
Absolute
Dominant Indicator
Tree Stralum (Plot size: i0 )
% Cover
Sees? Status
6o
r
2.
3.
4.
�
G
Total Cover
Sapl[ng&hrub__Strafurn (Plotsize: Io 1
1.
fAC.
2.
3.
4.
5.
I o
= Total Cover
Herh.Stratum (Plot size:
2. 9- M eX r '
rJ r1kC
3.
4.
5.
6.
7.
8.
9.
10.
11.
s
5�= Total Cover
Woody lane Stratum (Plot size: 1
1.
= Total Cover
% Bare Ground in Herb Stratum
KemarKs:
Dominance Test worksheet:
Number of Dominant Species
3
That Are OBL, FACW, or FAC:
(A)
Total Number of Dominant
3
Species Across All Strata:
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
I O O (A/B)
Prevalence Index worksheet:
Total % Cover of --Multiply
by:
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals:
(A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_ 3 - Prevalence Index is s3.0'
_ 4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ 5 - Wetland Non -Vascular Plants'
_ Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Hydrophytic
Vegetation
Present? Yes �_ No
US Army Corps of Engineers Western Mountains, Valleys, and Coast - Version 2.0
�191 IN
Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features _
[inches) _ Calnr (mols.0 _
Color (moist) % Type' Loc`
Texture _ Remarks
y -) y r I a7 �ti� '3 � I .,i,
U (=/},�t`c.�L � Srkv.l� 1 c.c:%�✓y)
'Type: G=Concentration, D=De letion. RM=Reduced Matrix, CS=Covered 4r Coated Send Grains. 2Location: PL=Pore Lining. M=Matrlx.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils':
_ Histosol (A1) _
Sandy Redox (S5)
_ 2 cm Muck (A10)
_ Histic Epipedon (A2) _
Stripped Matrix (S6)
_ Red Parent Material (fF2)
_ Black Histic (A3) _
Loamy Mucky Mineral (F1) (except MLRA 1)
_ Very Shallow Dark Surface (TF12)
_ Hydrogen Sulfide (A4) _
Loamy Gleyed Matrix (F2)
_ Other (Explain in Remarks)
_ Depleted Below Dark Surface (Al 1) _
Depleted Matrix (F3)
_ Thick Dark Surface (Al 2) _
Redox Dark Surface (F6)
3Indicators of hydrophytic vegetation and
_ Sandy Mucky Mineral (S1) _
Depleted Dark Surface (F7)
wetland hydrology must be present,
_ Sandy Gleyed Matrix (S4) _
Redox Depressions (F8)
unless disturbed or problematic.
Restrictive Layer (if present):
Type:
Depth (inches):
Hydric Soil Present? Yes No
Remarks:
c�-k Fwm A
HYDROLOGY
Wetland Hydrology Indicators:
—
Primary indicators iminimum of one reciulred7 check al ha I
Secondary Indicators f2 or more required)
_ Surface Water (Al)
_ Water -Stained Leaves (B9) (except
_ Water -Stained Leaves (B9) (MLRA 1, 2,
High Water Table (A2)
MLRA 1, 2, 4A, and 4B)
4A, and 4B)
_ Saturation (A3)
_ Salt Crust (B11)
_ Drainage Patterns (1310)
_ Water Marks (Bi)
_ Aquatic Invertebrates (B13)
_ Dry -Season Water Table (C2)
_ Sediment Deposits (B2)
_ Hydrogen Sulfide Odor (C1)
_ Saturation Visible on Aerial Imagery (C9)
_ Drift Deposits (B3)
_ Oxidized Rhizospheres along Living Roots (C3)
_ Geomorphic Position (D2)
_ Algal Mat or Crust (B4)
_ Presence of Reduced Iron (C4)
_ Shallow Aquitard (D3)
_ Iron Deposits (B5)
_ Recent Iron Reduction in Tilled Soils (C6)
_ FAC-Neutral Test (D5)
_ Surface Soil Cracks (66)
_ Stunted or Stressed Plants 01) (LRR A)
_ Raised Ant Mounds (D6) (LRR A)
_ Inundation Visible on Aerial Imagery (B7)
_ Other (Explain in Remarks)
_ Frost -Heave Hummocks (D7)
_ Sparsely Vegetated Concave Surface (138)
Surface Water Present? Yes No X Depth (inches):
Water Table Present? Yes No X Depth (inches):
Saturation Present? Yes �_ No Depth (inches): lZ'r Wetland Hydrology Present? Yes No X
(includes Qa illary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available;
Remarks: ,� kT tZ I: S v L-T Z =
N6 SGTJ/G, ");3 0&Ski'_✓&-b
6,1 V(/ l� ( 1-7
US Army Corps of Engineers Western Mountains, Valleys, and Coast -Version 2.0
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: John Altmann [mailto John@altoliver.com]
Sent: Monday, January 23, 2017 1:04 PM
To: David R Knight
Subject: North Lake Federal Way
Hi David -
Per our phone discussion, on January 19, 2017 1 conducted a site review on Lot 2 of the Washington Federal property
located on North Lake. During my site visit I noticed that recent white flags pre -labelled "OHWM" had been placed
along the ordinary high water of the lake and recent pink flags labelled "wetland delineation" had been placed along the
wetland boundary south of the OHWM. Based on writing on several blue test plot location flags, the flags appear to
have been placed on November 15, 2016 by Environmental Science Associates (ESA), a local consulting firm.
During my site review, I concurred with the ESA flagging regarding the delineation of the OHWM and wetland
boundaries. I placed my own flags in the same location as the ESA flags and numbered them OHW 1-1 through OHW 1-5
and Wetland AA-1 and AA-2. See the attached field sketch for the surveyor.
Please let me know if you have questions. Thanks_
John
John Altmann
Altmann Oliver Associates, LLC
425.333.4535
iohn@7altoliver.com
www.altoliver.com