19-105821CITY of
L Federal Way
January 2, 2020
Ms. Jessica Redman
ESA
5309 Shilshole Avenue NW, Suite 200
Seattle, WA 98107
jre man C@esassoc.corn
Re: File #19-105821-00-AD; REQUEST FOR THIRD PARTY REVIEW
All Right Auto Sales, 33333 Pacific Highway South, Federal Way
Dear Ms. Redman:
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway.. com
Jim Ferrell, Mayor
Enclosed please find the task authorization form for a third -party review- Documents noted as enclosures are
included as attachments. City staff is requesting review pursuant to the agreed terms of the on -call contract.
Please review the scope of work on the task authorization form, enter the task Gust on page two of the
document, sign, and return it to the city. Following the deposit of funds by the applicant, staff will provide
you with an authorization to proceed with the scope of work.
Please contact me at 253-835-2638, or natalie kamieniecki tij�:of£edealway.com, during your review to
discuss and if you have any questions regarding this task.
Sincerely,
Natalie Kamieniecki
Associate Planner
enc: October 7, 2019, Critical Areas Report prepared by Sewell Wetland Consultants, Inc.
Doc. I.D. 79962
19-105821-00-AD
MEMORANDUM
CITY OF
Federal Tay Community Development Department
CRITICAL AREAS CONSULTANT
Date:
AUTHORIZATION FORM
January 2, 2020
City: City of Federal Way
Community Development Department
33325 81h Avenue South
Federal Way, WA 98003
Consultant: Jessica Redman, ESA
5309 Shilshole Avenue NW, Suite 200
Seattle, WA 98107
jred mNq 6a.'esassoc corn
Project: All Right Auto Body — Fish and Wildlife Habitat Assessment Report
Parcels 172104-9047 & 768190-0030
File No.: 19-10582 l -PC
Project Proponent: Joe Azzam
NYH Properties, LLC
33333 Pacific Highway South
Federal Way, WA 98003
Agent: Savana Nagorski
ESM Consulting Engineers, LLC
33400 81h Avenue South, Suite 205
Federal Way, WA 98003
City Staff Contact: Natalie Kamieniecki, Associate Planner — 253-835-2638
natal ic.kamicniecki6i'cityo:* I' cO or:il�ti. t� co-m.
Project Background: The applicant has submitted a critical area assessment report summarizing
conditions on a site concerning regulated wetlands and fish and wildlife
habitat. The investigation and subsequent report conclude that the stream
feature on site is a non -fish bearing stream.
Critical Areas Consultant Authorization Form Page 1 of 2
19-105821-PC Doc 11) 79965
Documents Provided: • Critical Areas Report —October 7, 2019, prepared by Sewell Wetland
Consultants, Inc.
Task Scope: a Review Critical Area report for property subject to Federal Way Revised
Code (FWRC) 19.145 for critical areas.
• Conduct site visit as necessary.
• Provide written response to findings, recommendations, and request
additional information from applicant if needed.
■ Possible meeting with applicant's wetland biologist and city staff at
Federal Way City Hall.
■ Review of resubmittcd/corrected documents as needed.
Task Schedule: Provide a task cost estimate ASAP. Review work is not authorized until authorized in
writing by city.
Task Cost: Not to exceed S a�� without a prior written amendment to this Task
Authorization.
ACCFArrA K*
+ 3 Z z
Consultant ate
City Staff Date
1�?Oze9
Annlie t I Date
Critical Areas Consultant Authorization Form Page 2 of 2
19-105821-PC DOc ID 79965
.4k
CITY OF
Federal Way
RECEIVED REQUEST F ADMINISTRATIVE DECISION
COMMUNITY DEVELOPMENT DEPARTMENT
DEC 12 2019 33325 8 Avenue South
Federal Way, WA 9800
CITY OF FEDERAL WAY 253-835-2607; Fax 253-835-2609
COMMUNITY DEVELOPMENT www,citvoffederalway.com
FILE NUMBER —L 6�_ -1 405 S 0 1
Applicant
NAME
join-
BUSINESS/ORGANIZATION
MAILING ADDRESS
11 ';�'7'2 23 �GiU
CITY
S
ZIAP ( a )�)�
V i
Property Address/Location r LthN S
Date r� _/ 9
PRIMARY PHONE
20 U r- 2103 - (0g 03
ALTERNATE PHONE
E-MAIL
°t� 'e. @ oltly 1�hfa u�usce,
FAX
Description of Request Tka - %G iti°V1-e�ls� f �TIV-
&VAY"1 uAd COO&-Ltlfi&M rhwfcd Pub
List/Describe Attachments Cn `
For Staff Use
❑ Code Interpretation/Clarification
Critical Areas Letter/Analysis/Peer Review
❑ Request for Extension (Land Use/Plat Approval)
❑ Revisions to Approved Permit
❑ Tree Removal
❑ Zoning Compliance Letter
Bulletin #079 — January 4, 2016 Page 1 of 1 k:�Handouts\Request for Administrative Decision
5309 Shilshole Avenue, NW � .�.vti�,es-ssoc,cnrri
Suite 200
Seattle, WA 98107
206.789.9658 phor e
206.789.9684 °ax
memorandum
date January 16, 2020
to Natalie Kamieniecki — City of Federal Way Community Development Department
from Jessica Redman, Wetland Ecologist
subject Critical Areas Report Review: All Right Auto Sales (Parcels 1721049047 & 7681900030, Federal
Way)
At the request of the City of Federal Way (City), Environmental Science Associates (ESA) reviewed the critical
areas report prepared by Sewell Wetland Consulting Inc. for the property located off of Pacific Highway South
between S 332" Street to the north and S 336' Street to the south (Tax Parcels 1721049047 & 7681900030) in
Federal Way, Washington. Both parcels are owned by All Right Auto Sales (NYH Properties LLC). The eastern
portion of Parcel 1721049047 is currently developed with an auto sales business. The western portion of this
parcel, as well as all of Parcel 7681900030, are currently undeveloped. ESA also conducted a site visit on January
14, 2020 to review critical areas within these parcels.
Review of Documents
ESA reviewed the Critical Areas Report — Parcels #1721049047 & 7681900030 (dated October 7, 2019 and
hereinafter referred to as the Report) prepared by Sewall Wetland Consulting, Inc. (hereinafter referred to as the
Applicant's Biologist). The Report is based on site evaluations by the Applicant's Biologist that occurred on
August 26, 2019 and September 5, 2019. Additionally, in 2015, the Applicant's Biologist reviewed parcels in the
vicinity of the All Right Auto Sales property, including Parcels 7681900010 and 7681900020. According to the
Report, these parcels abut the south and west sides of the All Right Auto Property. ESA used the King County
Parcel Viewer to determine the location of these two additional parcels. Parcel 7681900020 is located south and
west of the subject parcels; Parcel 7681900010 could not be located.
According to the Report, one drainage channel occurs onsite. The drainage channel enters the subject parcels via
a 3-foot-diameter concrete culvert in the northeast portion of the site. It then flows north to south through the
parcel via an open channel before entering another culvert on the parcel to the south (Parcel 7681900020).
According to the Report, the channel works primarily as a stormwater drainage feature. This is based on the large
area of impervious surface to the north of the site, as well as the visual evidence of flashy hydrology (i.e., channel
incision). However, during the 2015 review of the adjacent parcels, WDFW determined this feature to be a
natural stream. The Report states that the channel was dry during both the August 26, 2019 and September 5,
2019 site visits conducted by the Applicant's Biologist. The Report concludes that the stream is a seasonal, non -
fish bearing stream (Type Ns) and is allotted a 35-foot buffer per Federal Way Revised Code (FWRC)
Critical Areas Report Review: All Right Auto )(Parcels 1721049047 & 7681900030, Federal Way)
19.145.270(1). The off -site portion of the stream was also determined to be a Ns stream during the 2015 review.
No other critical areas are reported as occurring onsite.
Results of Site Visit and Document Review
ESA biologists Jessica Redman and Amanda Brophy conducted a site visit on January 13, 2020 to confirm the
condition of the stream and overall site conditions. ESA walked the lower half of the stream channel; however,
the upstream portion of the site could not be reached due to the presence of thick Himalayan blackberry brambles
and hazardous conditions due to recent snow fall. The observed stream channel was actively flowing at a low
gradient (approximately 5%) and had a bankfull width that ranged between 4 and 6 feet. Piped conditions were
observed upstream and downstream of the subject parcels. The only observed open -channel reach flowed along
the length of the subject parcels, and continued for approximately 50 feet on the parcel to the south (Parcel
7681900020), where the stream entered a large culvert. The stream was then piped under the commercial
development to the south. No other critical areas were observed onsite.
Review Comments and Recommendations
■ Based on conditions observed during the January 13, 2020 site visit, ESA believes that the entirety of the
stream on the subject parcels meets the definition of a fish bearing stream (Type F) per the Washington
Administrative Code (WAC). The WAC currently references two water typing systems, the Permanent
Water Typing System and the Interim Water Typing System. The Permanent Water Typing System
classifies water as Type S (shoreline of the state), Type F (fish bearing), Type Np (perennial non -fish
bearing), and Type Ns (seasonal non -fish bearing). The Interim Water Typing System classifies waters as
a Type 1 through Type 5 with each category being defined in WAC 222-16-031. WAC 222-16-031 states
that until the Permanent Water Typing System is adopted by the board, the Interim Water Typing System
shall be used to classify waters. This section of code also provides a conversion table or crosswalk
between the Interim and Permanent Typing Systems.
Per WAC 222-16-031(3), the onsite stream meets the definition of a Type 3 stream, which is defined as a
segment of natural water which has a moderate to slight fish use. Additionally, WAC 222-16-
031(3)(i)(A) defines a stream with presumed fish use as having a defined channel of 2 feet of greater
within the bankfal width and a gradient of 16 percent or less. Both of these conditions were observed
during the January 13, 2020 site visit. Furthermore, per the conversion table included in this section of
code, a Type 3 stream under the Interim Water Typing System translates to a Type F stream using the
Permanent Water Typing System. Therefore, it is ESA's professional opinion that the onsite stream is a
Type F stream and is allotted a 100-foot buffer per 19.145.270(1).
ESA understands the stream reaches both upstream and downstream of the subject parcels are piped, and
though the onsite portion of the stream provides fish habitat, fish use within the open channel on the
parcels is likely limited. However, it is our experience that Washington Department of Fish and Wildlife
(WDFW) tends to take a conservative approach to stream typing and because there is documented fish
use within West Hylebos Creek (approximately 1.5 miles downstream) they would likely also consider
the onsite portion of the stream to be fish bearing. If the applicant decides to dispute this finding, it is our
recommendation that a site visit by a WDFW biologist be requested, and a water type review and
determination be made.
2
Critical Areas Report Review: All Right Auto Sal( �'rcels 1721049047 & 7681900030, Federal Way)
Photograph 1. On -site open channel stream
looking downstream to the south
Photograph 2. On -site open channel stream
looking upstream to the north
Photograph 3. Open channel entering culvert
on parcel downstream to the south
3
-s Sewall Wetland Consulfing5 Inc.
- - Po Box 880 Phone 253-859Z15
FanCiry, WA98M4 RECEIVED
DEC 12 2019
FEDERALCITY OF EVELO MENT
October 7, 2019 COMMUNITY
All Right Auto Sales
c/o Joe Azzam
33333Pacific Highway South
Federal Way, Washington 98003
RE: Critical Areas Report — Parcels # 172104-9047 & #768190-0030
SWC Job # 19-161
Dear Joe,
This report describes our observations of any jurisdictional wetlands,
streams and buffers on or within 225' of your property (Parcels # 172104-
9047 & #768190-0030) located off Pacific Highway South, in the City of
Federal Way, Washington (the "site").
Vicinity Map of site
All Right Auto/# 19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 2
The site is an irregularly shaped accumulation of two parcels 3.63 acres
in size and located within the SE 1/4 Section 17, Township 21 North
Range 4 East of the W.M.
04
� Sully i, �• -�
�•� 31400
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,'35i1; � = i _ e •# a'3;Sb� � _ •yi•i5a �
Above: King County iMap 2017 aerail photograph of the site.
METHODOLOGY
Ed Sewall of Sewall Wetland Consulting, Inc. inspected the site on
August 26 and September 5, 2019. The site was reviewed using
methodology described in the Corps of Engineers Wetlands Delineation
Manual (Environmental Laboratory, 1987), and the Western Mountains,
Valleys and Coast region Supplement (Version 2.0) dated June 24, 2010,
as required by the US Army Corps of Engineers and the City of Federal
Way.
Soil colors were identified using the 1990 Edited and Revised Edition of
the Munsell Soil Color Charts (Kollmorgen Instruments Corp. 1990).
All Right Auto/#19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 3
OBSERVATIONS
Existing Site Documentation.
Prior to visiting the site, a review of several natural resource inventory
maps was conducted. Resources reviewed included the National Wetland
Inventory Map, the NRCS Soil Survey online mapping and the WADNR
Fpars stream mapping website and the WDFW Priority Habitats and
Species maps for the site.
Telecare Stream Determination - Sewall Wetland Consulting, Inc.
12-7-15.
A study of Parcels 768190-0010 & 0020 was conducted by our company
in 2015. This property abuts the south and west sides of the All Right
Auto property. A small stream passes through this site which enters the
site from the All Right Auto site. This stream was determined to be a
Type Ns stream in that study with a 35' buffer.
Soil Survey
According to data on file with the on-line NRCS Soil Survey, the site is
mapped as somewhat excessively drained Everett-Alderwood gravelly
loam. Neither Alderwood or Everett soils are considered "hydric" or
wetland soils.
National Wetlands Inventory (NWI)
According to the NWI map for the site there are no wetlands or streams
on the site.
I
f
• ■i
All Right Auto/#19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 5
WADNR Fpars Stream Mapping
The Washington Department of Natural Resources Fpars stream type
mapping website there are no streams on or near the site.
Above: WADNR Fpars stream mapping
WDFW Priority Habitat mapping
According to the WDFW Priority Species maps for the site, there are no
priority habitats or species on or near the site.
Above; WDFW Priority Species and habitat mapping of the site and area
surrounding the site.
All Right Auto/#19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 6
City of Federal Way Critical Areas Mapping
According to the Federal Way Critical Areas Map, there are no wetlands
or streams on the site.
Above: City of Federal Way Critical Areas map of the area of the site.
Field observations
Uplands
The western side of the site is vegetated with a mix of douglas fir and red
alder with a sparse understory due to transient use. There are also
significant patches of blackberry in these areas. The eastern and
southern end of the site is an open canopy of black cottonwood with
nearly a 100% coverage of Himalayan blackberry.
All Right Auto/#19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 7
i
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Above: King County iMap izaar aepicuon of me site.
Soil pits excavated throughout the upland portions of the site revealed a
silt loam similar in profile to the AldE.,rwood soil series and were dry or
moist during our site visit.
Wetlands
No areas meeting wetland criteria were found on the site.
Unnamed Stream
All Right Auto/#19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 8
As previously discussed, a drainage channel passes through the site
which would be considered a natural stream based upon our previous
site visit with WDFW. This channel was flagged with blue flagging
labeled E 1-E 16 and W 1-W 16. This channel consists of a highly incised
channel which emerges out of a 3' concrete culvert at the northeast
corner of the site. This channel appears to work primarily as a storm
drainage feature and has a highly flashy hydrology based upon large
areas of impervious surface which feed the storm drain system north of
the site where this water originates. The channel has a cobble bottom
and has been dry during our site visits, but heavy flows are evident from
the amount of erosion and in cutting of the channel. Portions of the
channel have cut into the soil up to 7' deep vertically. Trash and debris
from storm flows are evident throughout the channel.
This stream appears to be a seasonal non-fishbearing stream and
therefore best meets the definition in Federal Way Municipal Code
(FWMC) of a Type Ns stream due to seasonal flow. According to FWMC
19.145.270.1, Type Ns streams have a 35' buffer measured from the
OHWM.
19.145.270 Stream buffers. CO SH13RE
(1) No development may lake place within a stream or within She following buffer areas except as allowed within this chapter. Buffer
stiidlhs shall be measuoed outward on a horizontal plane from the ordinary high via Iar mark or tap of bank H the ordinary high water
mark cannot be identified:
(a) Type F stream —100 feet.
(b) Type Np stream — 50 feet
(c) Type Ns stream - 35 feel
If you have any questions in regards to this report or need additional
information, please feel free to contact me at (253) 859-0515 or at
esewall(@sewa1lwc.com .
Sincerely,
Sewall Wetland Consulting, Inc.
Ed Sewall
Senior Wetlands Ecologist PWS #212
All Right Auto/#19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 9
REFERENCES
Cowardin, L., V. Carter, F. Golet, and E. LaRoe. 1979. Classification of
Wetlands and Deepwater Habitats of the United States. U.S. Fish and
Wildlife Service, FWS/OBS-79-31, Washington, D. C.
Environmental Laboratory. 1987. Corps of Engineers Wetlands
Delineation Manual, Technical Report Y-87-1. U. S. Army Corps of
Engineers Waterways Experiment Station, Vicksburg, Mississippi.
Federal Way Municipal Code Chapter 19.145
Muller-Dombois, D. and H. Ellenberg. 1974. Aims and Methods of
Vegetation Ecology. John Wiley & Sons, Inc. New York, New York.
Munsell Color. 1988. Munsell Soil Color Charts. Kollmorgen
Instruments Corp., Baltimore, Maryland.
National Technical Committee for Hydric Soils. 1991. Hydric Soils of the
United States. USDA Misc. Publ. No. 1491.
Reed, P., Jr. 1988. National List of Plant Species that Occur in
Wetlands: Northwest (Region 9). 1988. U. S. Fish and Wildlife Service,
Inland Freshwater Ecology Section, St. Petersburg, Florida.
Reed, P.B. Jr. 1993. 1993 Supplement to the list of plant species that
occur in wetlands: Northwest (Region 9). USFWS supplement to Biol.
Rpt. 88(26.9) May 1988.
USDA NRCS 8v National Technical Committee for Hydric Soils, September
1995. Field Indicators of Hydric Soils in the United States - Version 2.1
Pt;
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a -fir ,►•F�: �'i � `� '! j !' -
All Right Auto/#19-161
Sewall Wetland Consulting, Inc.
October 7, 2019
Page 13
Above: trash rack and culvert at end of channel just off -site to south (photo
from December of 2015 from Telecare study).
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