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08-105447 (2) ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way. WA 98063-97 18 1253►835-7000 wv w.cityollederalway.corn February 6, 2009 J. Aaron Will Sewall Wetland Consulting, Inc. 1103 West Meeker Street, Suite 101 Kent, WA 98032 RE: File #08-105447-00-AD; LEAL VIOLATION-WORK w/O PERMITS 34701 5th Avenue SW, Federal Way Dear Mr. Will: During a telephone conversation with you, Greg Fewins, Director of Community Development Services, and myself on Thursday,January 29, 2009, we discussed the options the property owners have to bring their parcel into compliance with current Federal Way City Codes. Those options had previously been sent to the applicants in an email on January l6, 2009. Based on the site visit by Mr. Fewins and myself and our conversation with you, we agreed that if they chose to remove the wall, they would need to restore the area to its original condition by: • Removing all of the rock; • Grading the cut area back to a matching slope and reseeding/revegetating the area; • Installing erosion control Best Management Practices (BMP's)to the denuded site; or, • Planting vegetation on the denuded area. We are in receipt of your email dated January 30, 2009, on behalf of Kari Leal and Sandra Matteson, property owners at 34701 5th Avenue SW, Federal Way. You have verified that the property owners do not wish to pursue a Process RI land use application to allow the existing rock wall to remain on their site and to reduce the buffer on a Category II wetland adjacent to the west side of their property. You have also submitted a summary of what you perceive to be the proposed setbacks and limits of the landscape area. However, a review of aerial photos shows that the installation of the rock has already extended the intrusion into the wetland buffer area by several feet; and, thereby increased the landscaping area on the level area of the property next to the house. The grading must start at the base of the slope where the rock has been placed and then angled back towards the house to obtain the proper slope for stability. The top of that angled slope is where the landscaping and lawn should start. The applicants have submitted a proposed landscape plan as additional information during the review of this case.That plan included construction of a deck, several paved walkways, and planting of trees within the buffer on the west side of the rock wall. The intent of this letter is not to approve their landscaping plan but to correct a violation that has occurred on their property. Once the violation has been corrected, the applicants can install plantings and vegetation in their side yard, as long as they do not intrude into the buffer area past the top of slope. To correct the violation and to restore the critical areas they have impacted as expeditiously as possible,we are also including a copy of a'Voluntary Correction • Mr. Will February 6,2009 Page 2 Agreement." This agreement should be signed and returned as soon as possible. It will allow the owners some additional time past the original 30-day time frame to correct the violation as outlined. With a resubmittal form and the signed voluntary agreement form, please also submit a more specific plan showing approximate location of graded area, proposed angle of slope, location of proposed landscaping on the disturbed area, the proposed mix of seed and/or vegetation to be used for stabilizing the slope, and the timing of the rock removal. We will attempt to respond in a timely manner to allow the owners to start work immediately. Sincerely, f 41'6 — 4 a% 'd Joanne Long-Woods, AICP Senior Planner enc: Resubmittal form Voluntary Correction Agreement c: Kari Leal&Sandra Matteson,34701 5`1'Avenue,Federal Way, WA 98023 Rebecca Lemke,City Code Enforcement Officer 08-105447 Doc.1.D.48898 CITY OF DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Federal Way P.O.FERAL WAY,W HIND 0 N� SOUTH February 12,2009 VOLUNTARY CORRECTION AGREEMENT CASE NO.:08-104925-VO/08-105447-AD Property owner/Responsible party Name: Kari Leal/Sandra Matteson Mailing Address: 34701 5th Ave., SW Federal Way, WA 98023 Location of Violation: 34701 5th Ave., SW ("Property") Federal Way,WA Description of Violation: Construction of a rock retaining wall within two critical areas: within the 100 ft. wetland buffer area of a Category II wetland,and within a steep slope area(30-35% slopes) without permit approval. Code Section in Violation: FWCC Chapters 22-1359 (wetland buffers) &22-1286(steep slopes). Action Required to Correct: (1) Remove the retaining'rock wall structure, in its entirety, which runs through the west side of the parcel within the wetland buffer area extending from south ' ' .• • • • I I • the street right--of-way. (2) Regrade the disturbed area to original slope(approximately 31 'o)and hydrososikevitlatjate matting material to provide erosion control until vegetation takes root. moteftiotwato01111 • (3) A..1 best management •ractices BMP's on denuded area .• to 1...- iu�'�h�- '• p to the street and driveway until installation of landscaping and/o awn as..=e accomplis e (4) All actions must be completed withi ' ' . or no later than 09 March 14, 2009. (5) The owners must notify the Department,in writing, when all actions have been completed. I, Kari Leal and/or Sandra Matteson„ agree to voluntarily correct the violation(s) listed above according to corrective actions noted above. The City may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement. I understand that by entering into this agreement I am admitting the above violations, withdrawing any appeal currently scheduled to be heard by the Hearing Examiner, and waiving my right to any future appeal before the Federal Way Hearing Examiner regarding the matter of the violation, penalty and/or required corrective action. I further understand that failure to take the required corrective action within the time indicated above shall constitute a misdemeanor punishable by a fine not to exceed $1,000 and/or imprisonment for not more than 90 days. (FWCC 1-18). In addition, if the terms of this VCA are not met, the City may abate the violation(s) located on the Property and recover its costs and expenses as provided in FWCC 1-20. I DECLARE THAT I HAVE READ AND UNDERSOOD THIS AGREEMENT AND REALIZE THAT IT DEALS WITH MY LEGAL RIGHTS. I UNDERSTAND THAT I MAY CONDULT WITH AN ATTORNEY. I HAVE BEEN GIVEN ADEQUATE OPPORTUNITY TO REVIEW THIS AGREEMENT AND I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT VOLUNTARILY. PROPERTY OWNER Byy Kari Leal and/or Sandra Matteson Signed this /3 day of Fhrixg.r., , 200. STATE OF WASHINGTON ) ) ss. COUNTY OF \Ci►r9 ) On this day personally appeared before me, V- -\S' hVok\c" - ,to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this � j day of 'b' ,2009 S'—CA Mlle name of notary) Wry MO Notary Public in and for the State of Washington. IOWAI y My commission expires AV at) rl►NIA Wm*30.2012 CITY OF FEDERAL WAY By: --leta-si .,C-1• Code Compliance Officer,Rebecca Lemke 33325 8t Ave S P.O. Box 9718 Federal Way,WA 98063-91 ,2°°�. Signed this/ jday of AESUBMlTTE PART,LIENTOFCOMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 TYOF -v"'" r' n 'ly Ct �'--j i �" Federal Way WA 98063-9718 Federal Way CITY of FEDERAL WAY 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com B ILDiNGDEPT. RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Customer Service Counter prior to submitting if you are not sure about the number of copies required. ** Project Number: O 8 - i 0 4 - C ° `2 -. O 9- 4- 1 .- A c) Project Name: A t~.t l, At- / D c: : Project Address: >4- 10 A . w v 1:. t_ t.v a T ^f A Project Contact: t cA t.I ( c A 1_ Phone: (2 t.: ) ,41 - RESUBMITTED ITEMS: #of Copies ** Detailed Description of Item 1 v c i_t.t ti►.t «'t (.) D A.T f c' c.-e, i - .34.1 i / t2-t-y e_t7 S \ <, t./\i i �a t' 1 /� ry !- t=f� sal i t t'J /� (,l . W #+C t_ :v 7 P ti : i A.E ' l i-rt A i r.: i-cr {✓1 A-4 s�M **Always submit the same number of copies as required for your initial application.** Resubmittal Requested by : To'. E, zi-titter Dated: 0 ;: / 0 / c. (Staff Member) OFFICE USE ONj,Y RESUB#: Distribution Date2/13/ 06 By Or-- Dept/Div Name # Description Building X Planning JOB/1,1 _ PW Fire Other Bulletin 11129-August 8,2006 Page 1 of 1 k:\Handouts\Resubmittal Information March 6, 2009 City of Federal Way Department of Community Development Services Re: Case No. 08-104925-VO / 08-105447-AD Kari Leal / Sandra Matteson 34701 5th Ave. SW Federal Way, WA 98023 We are writing to notify you that all actions per the Voluntary Correction Agreement dated February 12, 2009 have been completed. Kari Leal Sandra Matteson RESUBMITTED MAR 0 6 23u9 'tH 5 AVE S)A I I 20' Easement ✓ � 4 LOT 14 I Existing Residencies-160.83' rea to Res d A Top of Slope ' (Per GeoTech Report) I ++ Silt Fence Cross Section Line �162.99' 77 NOTES: FILTER FABRIC MATERIAL 1. INSTALLATION SHALL FOLLOW THE MANUFACTURER'S RECOMMENDATIONS, 2. POSTS SHALL BE INSTALLED SO THAT A MIN, OF 2 EXTENDS ABOVE THE GROUND WITH A MIN. OF 2W EMBEDMENT. PROVIDE 3/4"-1.5" WASHED GA RAVEL, IN TRENCH & ON BOTH SITES OF FILTER FABRIC ON THE SURFACE 8" MIN, PROFILE VIEW NOT TO SCALE 2" BY 2" BY 14 GA. WIRE FABRC OR EQUIV. FILTER FABRIC MATERIAL 60" WIDE ROLLS USE STAPLES OR WIRE RINGS TO ATTACH FABRIC TO WIRE I I III lill 2"X4" WOOD POSTS, STD. OR BETTER OR EQUAL, ALTERNATE STEEL POSTS BURY IN NATIVE -' Y 6' GROUND MAX. SECTION VIEW FILTER FABRIC FENCE DETAIL NOT TO SCALE TEMP. EROSION & SEDIMENTATION CONTROL NOTES 1, THE IMPLEMENTATION OF THESE TESL PLANS & THE CONSTRUCTION, MAINTENANCE, REPLACEMENT & UPGRADING OF THESE TESL FACILITIES IS THE RESPONSIBILITY OF THE APPLICANTITESC SUPERVISOR UNTIL ALL CONSTRUCTION IS APPROVED, 2, THE BOUNDARIES OF THE CLEARING LIMITS SHOWN ON THIS PLAN SHALL BE CLEARLY MARKED BY SILT FENCE PRIOR TO CONSTRUCTION DURING THE CONSTRUCTION PERIOD, NO DISTURBANCE BEYOND THE CLEARING LIMITS SHALL BE PERMITTED. THE CLEARING LIMITS SHALL BE MAINTAINED BY THE APPLICANT/TESC SUPERVISOR FOR THE DURATION OF CONSTRUCTION, AFTER GRASSES HAVE BECOME ESTABLISHED, SILT FENCING MAY BE REMOVED. 3, THE TESC FACILITIES SHOWN ON THIS PLAN MUST BE CONSTRUCTED PRIOR TO OR IN CONJUNCTION WITH ALL CLEARING & GRADING SO AS TO ENSURE THAT THE TRANSPORT OF SEDIMENT TO SURFACE WATERS, DRAINAGE SYSTEMS & ADJACENT PROPERTIES IS MINIMIZED. 4. THE TESC FACILITIES SHOWN ON THIS PLAN ARE THE MINIMUM j REQUIREMENTS FOR ANTICITAPED SITE CONDITIONS. DURING THE CONSTRUCTION PERIOD, THESE TESC FACILITIES SHALL BE UPGRADED AS NEEDED FOR UNEXPECTED STORM EVENTS & MODIFIED TO ACCOUNT FOR CHANGING SITE CONDITIONS (E.G., RELOCATION OF DITCHES & SILT FENCES, ETC. Approx. Backfill Material Rockery Top of Slope Silt Fence It 122.0 120.0 118.0 116.0 114A 112.0 110.0 108.0 106.0 104.0 102.0 100.0 ®®®m®rMM .►lM ► MMA MllllMM ®®®®®iMMMM `►W®i`IIMM mmmm ®M=1�����®`.®i►1®�►�®1! � O®.O®®®®.��®®®®®® 000MMOMMMMMO®.®®®MMMI I a ,0 3.0 6.0 .0 12.0 15.0 18,0 21.0 24.0 27.0 30.0 33.0 36.0 3A,0 42.0 45.0 48.0 51.0 54.0 57,0 60;0 63,0 t SCALE.- fill-- 10' 122.0 120.0 118.0 116.0 114,0 112.0 110.0 108.0 106,0 104.0 102.0 100.0 Area to be restored to slope description per GeoTech RI. -Port (See Prof----,e View). + +} + + + + LA*storically landscaped area with approximately 3 percent I+ + + slope. Ln^ D N' Historicallyvested' landscapedarea west of Residence. BUFFER AREA SEED MIX LCj • (Buffer areas disturbed during Censt. are to be seeded) 0'14*11 Z_2� - mitig S 25% Redtop Bentgrass Agrostos alb 1 Silt Fence Installation 25% Perennial Rye 2. l ygnus Cinerus Rockeryremoval 25% Idaho fescue 3. Grading of slope Festuca idaheensls 40 Seed mdis*-%ersal, 25% Red Fescue a JuteMatting Installat Fest Ca ru ra seedin rate: W 1 . f RESUBMITTED FEB 1 3 2009 CITY OF FEDERAL WAY BUILDING DEPT. NOTE: a not a survey, parcel: lines were gab No. As z�T Base map �� �� Designed by. AW constructed y Sewall from historic parcel 'awn ®rby; Aw Checked by. in County File. SeVVQII Wetland Consulting, Inc. Date: FEB. 2009 SHEET W 1 UV-1 27641 COVINGTON WAY SE 2, We 98042 253-859-0515 Fax 253-852-4732 OF