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