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CAR Addendum #3 Partial ExemptionCity Hall 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor December 24, 2020 By Email Shelby Petro Shannon & Wilson 400 N 34th Street, Suite 100 Seattle, WA 98103 sdp@shanwil.com RE: 20-105014-AD - Partial Exemption for Wetlands North of 30432 Military Rd S as Identified in Federal Way Link Extension Critical Areas Report Addendum #3 (“Addendum”) Shannon & Wilson on behalf of Kiewit Infrastructure West, the Design-Build Contractor for Sound Transit’s Federal Way Link Extension (“FWLE”), has submitted an addendum to the Project’s critical area report to address the field finding of a wetland on the east side of Military Rd, south of 304th St. and west of Interstate-5. This letter is based on review of the addendum dated October 27, 2020 to the original report from November, 2019. There were found to be two separate wetlands equaling 0.12 acres in size. A third-party consultant by Landau Associates review concurred with the rating classification and delineation, but noted that the wetlands contain persistent vegetation and likely seasonal flooding or inundation, instead of permanent inundation as noted in the Addendum. These differences do not substantively change the findings of the addendum as it relates to the wetland ratings or FWRC 19.145 mitigation. The reason for the proposed impact to the wetland is to construct a storm water pond in support of the FWLE project, a Type 1 Essential Public Facility (“EPF”). This use will allow the site to retain its value for storm water retention capabilities and limit increased potential for new erosion hazards. The applicant has sought approval for the proposed mitigation under FWRC 19.145.120(1) which allows an EPF to be exempted from FWRC 19.145 by written approval provided there is an City Hall 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor attempt to mitigate the intrusion when avoidance is infeasible. Being a linear EPF, storm water facilities are required at regular intervals and a determination was made during the environmental review process that this location was needed for a storm water facility. The applicant proposes to mitigate the impact the impact to the wetland area subject to this report through payment of fee in-lieu to the King County Fee In-Lieu Program. Due to the scope of needed impact for purposes of constructing a storm water facility and the linear nature of the project’s environmental footprint, the options for compensatory mitigation are limited to the point of being impractical. Fee in-lieu is a form of mitigation that is allowed under FWRC 19.145.430(4)(a). The King County program constructs project based on geography thus the fee in-lieu will ultimately support an area proximal to the proposed impact. The King County program considers buffer restoration and enhancement projects as part of their work. The Addendum implies that buffers were not contemplated, however, the loss of buffer is considered in the fee charged for the removal of the wetlands and the City considers this impact mitigated in conjunction with the mitigation for loss of the wetlands. If the City receives receipt of payment in advance of the clearing of this area, the proposed mitigation will meet the intent of the FWRC. Further, FWRC 19.145.430(7) requires monitoring of the work area impacted. As the area will be improved with a storm water pond, it will be subject to monitoring under the City’s municipal storm water permit issued by the Department of Ecology. This monitoring will provide the City the adequate ability to ensure future environmental contamination does not occur as a result of this work. For the reasons stated above, the City hereby APPROVES a partial exemption under FWRC 19.145.120(1) for the impacts those wetlands identified as Wetland 27-2a and 27-3a in the FWLE Critical Area Report Addendum #3. This approval is subject to following conditions: 1. A receipt for the full payment to King County Fee In-Lieu Program shall be provided to the City prior to clearing within the relevant wetland areas or their associated buffers. 2. Nothing in this approval shall excuse the applicant from abiding by all other applicable Federal, State, or Local laws that may govern the proposed construction activity. Please reach out to Ryan Medlen, our Sound Transit Liaison, at (253) 350-6793 or Ryan.Medlen@cityoffederalway.com if you have any questions about this letter. City Hall 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Sincerely, Brian Davis Director, Community Development City of Federal Way Brian.Davis@cityoffederalway.com cc: Ryan Medlen, Sound Transit Liaison Stacey Welsh, Planning Manager James Rogers, Senior Planner Andrew Stringfellow, Kiewit Infrastructure West Katie Walter, Shannon & Wilson Dana Wilk, Sound Transit Digitally signed December 24, 2020 at 9:56 AM