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