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16-100805 (2)CITY OF Fbderial M/4 _1A 'aTY ALL L 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www, cityoffederalway. coma Jim Ferrell, Mayor Youngyul Na Email: )Lou _ngy u IC(i)-conicast. liet 3906 South 322'd Street Federal Way, WA 98001 Re: File #16-100805-00-AD; PEER REVIEW RESULTS, WETLAND DELINEATION REQUIRED Pierson/Na/Tran, 30xxx S 337 1h St., Parcel Nos. 442060-0025, 442060-0030 & 442060-0035 Please find the enclosed peer review for the 'Wetland Determination for North Lake Properties' prepar by C. Gary SCIILIIZ, Wetland/Forest Ecologist, October 25, 2014. The Department's consultant, ESA Associates, has determined a full delineation of the northern portion of the three above -mentioned properties Is required. No efforts to delineate the wetland boundaries of any identified wetlands were made by the peer reviewer. The following recommendations must be satisfied prior to site developmen V 1�11�1�=11111111011 11 111 11 11 0 The lake -fringe wetland in the northern portion of the three subject parcels should be delineated following methods required by the FWRC pursuant to the Corps 1987 Manual and regional supplement. Data plots Should be established within and outside of the wetland to document the delineation; and, 0 The wetland should be rated based on the methods required by the FWRC and a standard buffer should be applied and shown on a site plan. If You have any questions regarding this letter or your project, please contact me at 253-835-2644, or leila.willoughby-oakes@cltyoffederalway.coin. Sincerely EilaWilloughby-Oakes Associate Planner enc: ESA Peer Review Report (Wetland Determination Review: Na, Pierson, and Tran Properties, Federal Way) Bulletin 078 Optional Direct Services Application 16-101020-AD DocI D 73 ,10 City of Federal Way Attn: 33325 8th Avenue South U-ederal Way, WA 98003-631 20181030000870 COVENANT 7 Oil 0; 0 I M012018 2:38 KING COUNTY, CRITICAL AREAS Grantor (s): Y&aft)aQ�& , a Washington Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Legal Description: Assessor's Tax Parcel ID# (s): 442 This Restrictive Covenant ("Covenant") is made by_ �rUM Uf k �J d [Insert Legal Description] Lout5-,5 Movt� lC l j MAT A. Grantor has made application to the City of Federal 11fay una-er-U-7TT-3TF—ede—ra-r1T—ay II-rio. J'J (OJ_2-g PQ ("Permit") for the purposes of constructing a new single family residence which is adjacent to a Regulated Wetland Buffer. B. Federal Way Revised Code ("FVVRC") requires that no land surface modification (clearing, grading, or vegetation removal) may take place and no structure or improvement may be located within a ?ss,#W06-,4 im-a4l.2:-tri 'kf5� r, Fix�hwrLxAA*ge,�/ citLma;,,, . t�ates the -.Lc1uire the applicant to dedicate development rights or an open space easement to the city to ensure protection of regulated wetlands and other areas within jurisdiction of the Critical Areas division. 1 . Use of Propea. Grantor agrees that no land surface modification (clearing, grading, or vegetation removal) may take place and no structure or improvement may be located in the wetland buffer located on the Property (Exhibit A). Only passive recreation activity can take place in the wetland buffer. The vegetation within the wetland buffer area may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the City of Federal Way Community and Economic Development. 2. Rcste'cti The restrictions contained herein shall touch and concern the land and run with the land, and the rights and obligations granted herein shall inure to the City of Federal Way By: A \J bi Its: Date: Grantor By: Y0,,,1n6Vt4( �j eA ) ss. COUNTY OF 1�i" �/Lo IU(n to me known to be the On this day personally appeared before me kg--. f trggt voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. a)a I GIVEN my hand and official seal this p4j day of 20jz Notary's signature tiYotary's printed name C Notary Public in and for the State of Washington. I My commission expires 0 • From: Leila Willoughby -Oakes Sent: Monday, July 10, 2017 11:16 AM To: youngyul' Cc: 'David R Knight' Subject: FW: Na SF (Lousie North Lake Tracts -Lot 5) Greetings Mr. Na, Please see the attached documents that help guide you with wetland signage. The code section and State Wetland Manual below describes the signage requirements: Signs. Development proposals approved by the city shall require that the boundary between a critical area buffer and contiguous land shall be identified with permanent signs. Permanent signs shall be a city -approved type designed for high durability. Signs must be posted at an interval of one per lot or every 150 feet, whichever is less, and must be maintained by the property owner or homeowners' association in perpetuity. The wording, number and placement of the signs may be modified by the director based on specific site conditions. The following text would be acceptable by: Critical Areas Do Not Disturb Contact the City of Federal Way Community Development Department Regarding Uses and Restrictions 1 The property owner shall maintain the signs, Kind regards, L. Willoughby -Oakes Associate Planner Fe==e°==l Way 333Zs8mAvenue South Federal Way, VVA98UU3'63a5 phvne:zs3/8asas44 pax: 25$835-260e From: Stacey Welsh Sent: Monday, July 10, 2017 8:52 AM To: Leila Willoughby -Oakes Subject: Na SF Mr. Na called the POD line and asked about what he needs for wetland signage. Please contact him and discuss I told him we have a detail and that he will need to have the sign(s) made. I told him to continue working with you as you are the planner onthe project. Heisawaiting your call 253-661-1Z29. 33325 8th Avenue South Federal Way, VVAgQOO8-6325 Phone: 253/835-2634 Fax: 253/835-2609 2 34 CITY OF Fbderal MA February 13, 2017 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www,cityoffederalway.com Jim Ferrell, Mayor Young,y1 nIL110cQuic,U1 and Narnhyo Na. Emailed:-Ou N, 3906 South 322nd Street Federal Way, WA 98001 Re: File: 16-100805-00-AD, WETLAND DETERMINATION (LOUISE's NORTti LAKE TRACT LOT 5) Na Property Wetland Review, Parcel 442060-0025 Dear Mr. & Ms. Na: On February 12, 2016, the City of Federal Way received your request for third party review of the `Wetland Determination for North Lake Properties' prepared by C. Gary Schulz (dated October 25, 2014); and, 'Wetland Survey/Conceptual House Placement Site Plan' prepared by BarghaLlsen Consulting Engineers (dated December 31, 1, 2014). The submitted report indicates there are no wetlands or buffers on the abovernentioned property or on the two parcels immediately west (Parcels 442060-0030 & 442060- 003)5). WETLAND REPORT The City forwarded Your third party request to Our wetland consultant. ESA, for their review. ESA completed a site visit on April 5, 2016, and reviewed, relevant documents. Biologists llon Logan and Christina Hersurn prepared a technical memorandum on April 21, 2016. In the rrierno, ESA did rat concur with the applicant's report. ESA observed a lake -fringe wetland with an associated upland buffer along North Lake and noted the wetland extends across the northern property line of several lakefront properties, including the subject property (Parcel 442060-0025). Recommendations on page 2 of the enclosed ESA memorandum, state the wetland on the northern portion of the parcel should be delineated, and rated based on the methods required by Federal Way Revised Code (FWRC) 15.10.250.1-2. A standard wetland buffer Must be applied and shown on all mapping. On June 28, 2016, ESA biologist Michael MUSCari met biologist C. Gary ShUltZ Oil site to clarify the peer I., tl review. That day, C. Gary Shultz re -flagged the Ordinary High Water Mark (OHWM). ESA concurs with this OHWM boundary based on the conditions observed on the field visit. The wetland survey enclosed with this letter prepared by Bai-ghaLISCII Consulting Engineers Inc. depicts the correct OHWM flagged by biologist C. Gary Shultz (received December 23, 2016). Both ESA and C. Gary Shultz agreed g' reed wetlands are located in the shallow water along the southern shore of North Lake, water -ward of the Ordinary Highwater Mark (OHWM). ESA then directed the city to seek Z:� technical assistance from the Washington State Department of Ecology to finalize the city's wetland evaluation of parcel 442060-0025. Oil September 7, 2016, biologist PaLll S. Anderson, Department of Ecology Wetlands/401 Supervisor, conducted a field investigation with city staff. Ecology states the National Wetlands Inventory maps tho C� aquatic bed wetland as 12.21 acres. Biologist Paul Anderson's deterrn illation is that the lake fringe Z� I Mr. & Ms. Na February 13. 2017 Paae 2 of 2 wetland below the OHWM of North Lake should be considered as a regulated wetland and not considered to simply be part of the lake. The wetland is greater than 2,500 square feet and qualifies as a regulated wetland under FWRC 15.10.250.b. On October 10, 2016, Ecology provided the city with a technical memorandum on the regulatory status Of the lake fringe wetland adjoining the South shore of North Lake. The aquatic bed wetland within North Lake alona the south and west shoreline of North Lake is considered contiguous with strips of scrub - shrub wetland. The wetland ineets the definition of a Category 11 wetland, requiring a I 00-foot buffer landward from the wetland edge (FWRC 15.10.250.b), and the wetland edge on parcel 442060-0025 is coincident with the OHWM. CONCLUSIONS The Department hereby approves the redlined wetland map survey prepared by Barghausen Consulting 0 Engineers, date stamped as received December 23, 2016, depicting a Category 11 wetland with a 100-foot wetland buffer landward of the O. The approval corresponds with the Washington State Department of Ecology's `Wetland Determination at North Lake'technical rnerno (dated October 10, 2016), prepared by Paul S. Anderson, Ecology NWRO Wetlands/401 Supervisor, southern shore within North Lake areas as a Category 11 wetland. I When submitting your single-farrilly building permit and Shoreline Exemption application please Include I z:1 a scaled site plan showing the wetland, approved OHWM (dated as mapped on 8/l/2016), and the 100- foot wetland buffer measured frorn the OHWM. The wetland buffer will have implications on where you an place your building envelope. Please show that all proposed improvements are located Outside of the wetland buffer. CLOSING Please consider this peer review (file no. 16-100805-AD) closed. We will contact you if there are any unused funds to reimburse. If You have any qUeStiOl1S regarding this letter, I can be reached at 25' )-835- 2644 or lei Ia.-%vil IOLI�7Iibv-oakeslFt,,citvofl'cderalway.coi-n. 77=1Y, loug -11 Mes Associate Planner enc: ESA North Lake Peer Review- dated 04-16-16 North Lake Department of Ecology Memo, dated 10- 10- 16 Approved Wetland Survey Map. date stamped received 12-23-16 Ricka Gerstmann- Washington Federal, 425 Pike Street, Seattle. WA 98 104 Brian D. Gillooly, BarghaUsen Consulting Engineers, Inc.- 18215 72 d Avenue South. Kent, WA 98032 David R. Knight: Email: David Landman(W-misn.com 16- 1 00805-00-AD Doc I D 74379 Date: February 10, 2018 Subject: Louise's North Lake Tracts Wetland Determination & Ordinary Highwater Mark (Parcels: 442060-0025, 442060-0030 & 442060-0035) The purpose of this memo is to request an update to the GIS wetland base map to depict a Category II wetland requiring, a I 00-foot buffer landward from the wetland edge (FWRC 15.10.250.b). The wetland edge is coincident with the OHWM on parcels 442060-0025, 442060- 0 0 3 0 C + = M. Leila Willouqhby,�Oakes Fromm: Anderson, Paul l(ECY) ^paan46I@ECY)&Y\.GOV> Sent: Wednesday, October 26,2OI6l2:O4PK4 To: Leila Willoughby -Oakes Cc: Pater, David (E[Y) Subject: RE: North Lake wetland memo Leila., Thanks for the e-mail; I've been wondering what the status of these projects. You are correct, the landward wetland edge is the same as the OHWIVI, so the OHWIVI could be used for measuring the required buffer. Please let me know if you have any other questions Or if | can do anything else to assist. Pou|S. Anderson.PVVS VVetnndo/4O1Unit Supervisor Washington State Department ofEcology 319U-16OthAve. GE Bellevue, VVAA8U08 Phone: (425)848-7148 Cell: (425)7G5-40Qi Fax: (425)649-7098 Email: From: Leila Willoughby -Oakes [mailto:Leila.WillouRhbv-OakesCo)cit%(offed-eralwaycomI Sent: Wednesday, October 26, 2016 10:44 AM To: Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV> Subject: RE: North Lake wetland memo Hi Paul, On page 7 of 9 of the North Lake Wetland Determination, per Ecology is the OHWM (those OHVVK8delineations approved and accepted bvthe city, not on Lot 2 at this time) along North Lake synonymous with the 'wetland edge', and therefore the 100 ft. Category 11 wetland buffer would be measured from the OHWM for Lots 5, 6, and 7? Kind regards, Leila 33325 8thAvenue South Federal Way, vvx9800a-63z5 Leila Willoughby -Oakes From: Sent: To: Cc: Subject: Leila: Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV> Friday, September 23, 2016 8:25 AM Leila Willoughby -Oakes Pater, David (ECY) RE: North Lake wetland The consensus of Ecology wetland staff is that the aquatic bed wetland along the south and west shoreline of North Lake should be considered contiguous with the strip of scrub -shrub wetland identified on the site plans. Pertinent language from the current wetland rating system includes the following: Section 4.4 — 2014 Wetland Rating System for Western WA. "Sometimes a strip of open water is found between the wetland plants farther from shore and those closer to shore. In this situation, the open water is considered a part of one unit that encompasses both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the area of open water may only be temporary, or the submerged plants are present but not visible because they do not grow to the surface. The plants may also be absent due to wave action or physical removal." The National Wetlands Inventory maps the aquatic bed wetland as 12.21 acres. Therefore, the wetland is greater than 2,500 square feet and would qualify as a regulated wetland in the Federal Way Municipal Code. My initial interpretation of the wetland categories listed in SMP Appendix A, is that this is a Category II wetland that meets criteria (2)a. (a water body with fish) and b. (> 1 acre in size). I will provide the City with a formal write-up of Ecology's findings when I return from vacation the first week of October. If there is anything else we can do in the meantime, or if you have any other questions about this project, please let me know. I will be working today and then on vacation until Oct. 3rd Paul Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Paul .S. ndersort(&.ev.wa.. ov From: Michael Muscari [mailto:MMuscari@esassoc.com] Sent: Wednesday, August 17, 2016 4:15 PM To: Leila Willoughby -Oakes Cc: Ilon Logan Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Leila, When we were on the phone I mentioned that the wetland that is within the OHWM of the lake may be larger than 2500 sf. The first image below from 2002 Google Earth show that a good part of the south end of the lake was vegetated in June 2006. Some of that is algae but most looks like water lily. The second image shows GE photo from april 2015. You can see that the amount of lily changes from year to year; maybe it is managed? I will let you know what I hear from Paul Anderson. Michael Muscari Senior Wetland Ecologist ESA j Northwest Biological ReSOUrces GrOLIP 5309 Shilshole Avenue NW, Sea€te; 200 rmu c di e assdd.clom Unit boundary i4q, Vub �gqk Wetlands M Uplands boh, 2 k SRI Total wetland area >50% Wed -and ON k; A10 11 Ali* 's I'M Upland M re Wetland Yh J Figure 6. Determining unit boundaries when wetlands are in small patches. Each wetland polygon should be scored separately when the total area is less than 50% wetland. 4.4 I,Le ntifying'Wetland unit boundaries along the� shores of lakes or reservoirs (take Fringevetlands only) Lakes or reservoirs Will often have a fringe of wetland plants along their shores. Different width of plants narrows or they disappear completely. � Use the following criteria for separating units along a lakeshore. Only the vegetated areas along the lake shore are considered part of the wetland unit for rating. Open water within areas of plants are considered to be part of the wetland, but open water that separates patches of plants along a shore is not considered to be part of the wetland (Figure 7). I WIT11 111 •11 width for at least 33 ft (10m) (Figure 8). NOTE: If the open water is less than 20 ac, the entire area (open water and any other jr it -j-f is Wetland Rating System for Western WA: 2014 Update 21 Effective January 1, 2015 Open water inside the boundary of unit being rated. Open water outside the boundary of unit •` rated. Figure 8. Absence • wetland plants along the shore • a lake that separates the wetlands into two units • rating. Another common situation found in western Washington is a Lake Fringe wetland that is contiguous with a large wetland that extends far from the edge of the lake (Figure • wetlands are usually classified as Depressional or Riverine. The entire unit of Riverine and Lake Fringe wetlands should be rated as one unit. Wetland Rating System for Western WA: 2014 Update 22 Effective January 1, 2015 t Lake Fringe wetland Riverine wetland Stream Figure 9. Aerial photograph of a Lake Fringe wetland connected to a Riverine wetland without any topographic or hydrologic breaks between them. Both classes of wetlands are rated as one using the questions for the Riverine class. Sometimesr of open water is found- • plants farther from• + those•: • shore. In this situation, the open water is considered a part of one unit that encompasses both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the area of open water may only •- temporary,or the submerged • lants are present but not• because they do not• t the surface. The plants may also •- absent due to wave action or physical removal. 4Wetlandsbisected byhuman-Madefeatures When a Depressional wetland is divided •y a human -made feature, such as a road embankment,• should not •• divided into different water connection between the two parts of the wetland.• • be able to flow equall connectingwell between the two areas. For example, if there is a wetland on either side of a road with culvert • and both sidesof the culvert are partially or completely underwater•r most of the year, the wetland should be treated as one down gr?ti; r if the bottom of the culvert is above the high wat marks in the receiving wetland, or the high water marks on either side of the road or dike differ by more than • in of elevation. • r • • • 1• i • • ' • Wetland Rating System for Western WA: 2014 Update 23 Effective January 1, 2015 Willoughby-OakesLeila From: David R Knight <David_Landman@msn.com> Sent: Monday, January 30, 2017 5:31 PM To: Leila Willoughby -Oakes; David R Knight Subject: RE: Naymo- Lot 5 (Parcel: 4420600025) Follow Up Flag: Follow up Flag Status: Flagged Leila, Mr Youngyul Na is purchasing lot #5 (4420600025) LL Management LLC (Ivanchuk) Is purchasing lots 6, 7 (4420600030, 4420600035) LL Management LLC is also purchasing lot 2 (4420600010) — we have had a wetland biologist mark the OHWM and wetland edge, the surveyor will be at the lot later this week to locate them and produce a new map for the Buyer to submit per your request. Thanks! David R. Knight "We specialize in work which few understand" "The Land Specialist" - Serving all of the Puget Sound Area. Landman Inc - 19408 SE 322nd ST, Kent WA 98042. 253-631-9545 phone/txt 253-638-0545 fax www.Landman-inc.com David LandMAn@msn.com From: Leila Willoughby -Oakes Ern ilto:Leila.WiHou Irby- akes it o federale ay.corn] Sent: Monday, January 30, 2017 4:45 PM To: David R Knight Subject: Naymo- Lot 5 (Parcel: 4420600025) I., Please advise if Mr. Naymo is the applicant/purchaser for Parcel 4420600025. He has submitted a shoreline exemption application re -submittal for processing, however Mr. Nos Ivanchuk has submitted a portion of a real-estate contract stating he is the purchaser for all three lots. Clarification is much appreciated- a wetland delineation approval letter must be sent to Mr. Naymo regarding the delineation and peer review. in 2016 he did pay the city for the peer review by ESA. Thank you, L. Willoughby -Oakes Associate Planner Leila A��by-Oakes Subject: FW: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) ...., ... ... From: Gary Schulz [mailto:bear4all@yahoo.com] Sent: Friday, August 05, 2016 9:48 AM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Morning Leila, I submitted the copies of my letter and the new survey of OHWM boundary for North Lake yesterday afternoon. Sorry I missed you but they said you were out. As we discussed I concluded there is no wetland buffer extending onto Lot 7. 1 am working for the bank so I hope this can be approved and the lots sold to the parties that are still interested. Let me know if you have questions and have a nice weekend, Gary Schulz Ecologist 206-920-5489 On Friday, July 15, 2016 11:00 AM, Leila Willoughby -Oakes <Leila Willoughby-Oakes@citoffederaluvav com> wrote: Morning Gary, I've called Mr. Na and Ms. Mi Tran regarding a OHWM delineation and somewhat coached them through the shoreline permitting process. Thank you for informing me that it was the surveyor that did the OHWM delineation in the winter and not a biologist. We would need some sort of OHWM documentation by a biologist in their files for any future shoreline exemptions and building permits on all three lots. Mr. Na understood this. I would rather you or another wetland biologist also Type/Rate the wetland as well unless scrub or fringe wetlands does not have rating system under the Army Core manual for our review so we know what the actual buffer is (it could be 25 feet or 50 feet). If you determine the fringe wetland is less than 2,500 sq. ft. the following regs. apply: (c) CategoryIII wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. In summary as mentioned on the phone here are the next steps. 1) Memo on your findings re -ordinary high-water mark for all three lots (Summer Lots) 2) Accurate survey of the OHWM you have flagged in June with our third party wetland biologist ESA, also depicting the required 50 foot setback (50 feet from OHWM or as required for protection of critical areas, whichever is greater) 3) Statement regarding the size of the fringe/scrub wetland and which wetland type it triggers 4) Statement regarding your site visit with Michael of ESA and your professional opinion if a buffer from the off -site wetland identified protrudes onto Lot 7 of Louise's North Lake Tracts (Parcel No. 442060 0035). 5) Submit three copies of the final surveyed site plan drawings and three copies of the signed memo by you to the permit center to my attention with the attached resubmittl sheet. Have a great weekend, Leila From: Gary Schulz rrnailto:5ear4all�,� h o.cor i Sent: Friday, July 15, 2016 8:46 AM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Thanks Leila, I tried to call you back a couple times yesterday. I'm getting ready to leave but can we set a time to talk later today or later this morning? Appreciate your help, Gary Schulz Ecologist 206-920-5489 cell On Thursday, July 14, 2016 11:59 AM, Leila Willoughby -Oakes <Leil .Willow hb-Oakes�cityoff eral +ay.corn> wrote:' Greetings Gary, Please see below. For the applicant a the correct ordinary high-water mark would be required with documentation and surveyed accurately on the shoreline exemption site plan and building permit. With thanks, Leila From: Ilon Logan (m ilto:IL oaan@e sassou.com Sent: Tuesday, July 05, 2016 1:56 PM To: Leila Willoughby -Oakes Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Hi Leila, Last week ESA biologist, Michael Muscari, conducted a third -party review of the North Lake lots and prepared the following summary. With this email, we conclude our scope of services for this task order. Please feel free to give me a call with any questions. I met with Gary Shulz on the Na, Pierson, and Tran properties located at the south end of North Lake on Tuesday June 28, 2016. We met to discuss the wetland comment letter that ESA provided to the City of Federal Way on April 21, 2016. ESA's comment letter concluded that a lake fringe wetland is present along the north end of the property on the lake shore and that a delineation of the wetland boundary should be conducted. While on the properties, Gary and I collectively observed a scrub -shrub wetland along the lake shore, and the entire wetland area lies within the Ordinary High Water Mark (OHWM) of North Lake. Gary flagged the OHWM across the three parcels at six points with pink flagging tape. I concur with the OHWM boundary that Gary flagged based on conditions we observed on June 28, 2016. 1 did not observe any other wetlands on the three parcels. North Lake is classified as RECEIVED AUG 0 4 2016 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 1z I OF � �� 33325 8 h Avenue South ADS Federal Way, WA 98003-6325 CITY F 253-835-2607;Fax 253-835-2609 Federal Waywww.eitvoffedgEdwa bra "Please note: Additional or re vised 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 Permit Counter prior to submitting if you are not sure about the number of copies required. ** _ ANY I ES TO DRA WINGS MUST BE CLOUDED Ze- 7' / Project Number: Project Name: Project Address: Project Contact: Phone: I -at RESUBMITTED ITEM :' m Aff A 0 FA AA 71ga/ applicat®®n. * " "d µ Bulletin #129 — January 1, 2011 Page 1 of 1 k:\Handouts\Resubmittal Information A CITY OF 133��Z lion Logan, Senior Ecologist Environmental Science Associates 5309 Shilshole Avenue NW, Suite 200 61MMIMIMM am., MA Emailed: il_ogan _Qesassoe-com RE: File #16-101020-A-D/16-100805-AD/16.-101380-AD; REQUEST FOR WETLAND REPORT PEER REVIEW Na, Pierson and Tran — *No Site Address* (Parcels 442060-II' 5,442060-0030 & 442060-0035) 18, 2016) adds one tax parcel (442060-0030) to the scope of work. A separate Task Authorization form fortaxparcel 442060 0035 is also enclosed forthe Tran Wetland Peer Review (16-101380-AD). The City proposes to combine three requested peer reviews of the same wetland report prepared by C. Gary Schulz, Wetland/Forest Ecolouist October 25. 2014. ESA has quoted a cost of $4,000.00 to review all parcels. Please review the scope of work contained in the task authorization forms, review the task costs oil page 2 of each document as provided by your firm, and return to the city by email and the signed original by mail. Following the deposit of funds by the applicant, staff will provide authorization to proceed with the scope of work. For the purposes of expediting review timelines the City requests the proposed tasks be completed within 10 business days of receiving notice to proceed from the City. Please contact i-ne at 253-835-2644 or loila.willough qy�gM if you have a questions regarding this task or the proposed scope. Sincerely, Leila Willoughby -Oakes Associate Planner enc: Original Signed Task Authorization (Na Peer Review & Pierson Peer Review -Lots 5 and 6) Blank Task Authorization (Trap Peer Review -Lot 7) 16-101020-AD Doc I D 72789 AL CITY OF FOderial CITY nAJL 33325 Sth Avenue South 1`8ieral ��, �,4•Ni-13--i-i2a (253) 835-70 www.cityoffederalway.com Jim Ferreil, Mayor lion Logan, Senior Ecologist Emailed: Ljl0_g_anQ_e,9aSS0C-c01'n Environmental Science Associates 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 RE: File #16-101020-AD/16-100805-AD/16-101380-AD; REQUEST FOR WETLAND REPORT PEER REVIEW Na, Pierson and Tran — *No Site Address* (Parcels 442060-0025,442060-0030 & 442060-0035) SEXUL= Please find the enclosed task authorization forms for the above -mentioned tax parcels and project file numbers. Per our email discussions, a revised Task Authorization form enclosed (originally sent February 18, 2016) adds one tax parcel (442060-0030) to the scope of work. A separate Task Authorization form for tax parcel 442060 0035 is also enclosed for the Tran Wetland Peer Review (I 6-101380-AD). The City proposes to combine three requested peer reviews of the same wetland report prepared by C. Gary Schulz, Wetland/Forest Ecologist October 25. 2014. ESA has quoted a cost of $4,000.00 to review all parcels. Please review the scope of work contained in the task authorization forms, review the task costs on page 2 of each document as provided by your firm, and return to the city by email and the signed original by mail. Following the deposit of funds by the applicant, staff will provide authorization to proceed with the scope of work. For the purposes of expediting review timelines the City requests the proposed tasks be completed within 10 business days of receiving notice to proceed from the City. Please contact me at 253-83 5-2644 or Lei 111.%vil Jolt2 bb -oakenCa),cit-,,offederalwa,.Com if you have any questions regarding this task or the proposed scope. Sincerely Leila Willoughby -Oakes Associate Planner enc: Original Signed Task Authorization (Na Peer Review &Pierson Peer Review -Lots 5 and 6) Blank Task Authorization (Tran Peer Review -Lot 7) 16-101020-AD Doc:. J,D, 72789 Date: FebruaU 26; 2016 Consultant: lion Logan 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 206-789-9658 iloganr&csa soc.col Project: Namyo House - Wetland Determination/ Pierson Welland terrnination Parcels 42060-0025 LLot 5 and 442060-00301Lot 6]' File: 16-100805- 16-101020- Project Proponents: Yours " INa 3906 S. 322n' Street, Federal Way, WA 98001 PP —IIUHW COn1 aaSL11et Richard Pierson Federal Way WA 253-927-7465 ecnoforester@i sn.00r1 Project Planner: Leila 'Willou ` by -Oakes, Associate Planner 33325 8* Ave S., Federal Way, WA 98003 253.835.2644 &, Ia. illou h )ttlsc� i c l roffedcrahX1t °.i.'oil, ProjectScope: The applicants (potential buyers for abutting lots) propose to construct two new single-family homes at the above -mentioned properties for personal use, unaddressed and undeveloped parcels. The project/building permit scope is undetermined. The City's Critical Areas inventory depicts a ffinge wetland on the parcel along North Lake. During a 2015 prpapplication, the former owner submitted a Welland Determination for three undeveloped properties within the plat of Louise North Lake Tracts in Federal Way t+r r0r .. pit-00 44tt 0030). This peer review request is limited to a review of Parcel #442060- 0025 and 4MLO�0030 for the presence of wetlands. Task Scope: ESA will provide'nird Party Wedand Review services fbr the Na Pspperty, lotatei 0+ +the Piersonf*pgM4located } Y + i 1 `: + is 1 l: / Mr. Na/W. Pierson February 26, 2016 Documents Provided: fl�� F.T= � 1. A third -party review of Wetland Determination for North Lake Properties (dated October 25, 2014) for Parcel #442060-0025 and 442060-0030 and associated materials for consistency with Federal Way Revised Code (FWRC) Chapter 15. 10 'Critical Areas'; especially Article VI 'Regulated Wetlands,' FWRC 15.10.240-15.10.270 requirements. Theproposal is located within the residential shoreline designation, therefore critical area regulations within FWRC Title 15- 'Shoreline Management' apply (versus FWRC 19,145). 2. Perform a site visit' confirming conditions; and, 3. Prepare brief memo describing results of site visit and letter review. Memo will describe presence or absence of wetlands on subject properties and associated buffer (if present) according to FWRC 15.10. Peer Review Application (Lot 5-442060-0025) Peer Review Application (Lot 6- 442060-0030) 2014 Wetland Determination for North Lake Properties (C. Gary Schutz) Proposed SFR Building Site Plan (Submitted with Shoreline Exemption) City Critical Area Mapping Not to exceed $3,500.00 without a prior written amendment to this Task Authorization. City of Federal Way (Planner, Leila IN kh. nualibv-0akes) Date VA- ESA Associates) Date Lake Tracts Lot 5) (Youngyul Na) 1--7 Project Proponent (Louise North Lake Tracts Lot 6) (Richard Pierson) Dat-. Ilie cost esumatelf, prall,me;L.T—nv-7m!v�m==mj-,t�Lp-a MTOM"UnmV Tim Services Agreement the City. This includess one rull-day site visit by two qualified -Aetland biologists (one associate and one senior), one day to develop the memorandnd two hours for administrative tasks and communication with City. 16-100805-AD Doc ID:72504 N 40 CITY OF Federal Way WETLANDS CONSULTANT PEER REVIEW Date: March 23, 2016 Consultant: Eon Logan 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 206-789-9658 Email: ilop-an(a),esassoc.corn Project: Tran Wetland Peer Review (Lot 7) Parcels # 442060-0035 File: 16-101380-AD (Related Peer Reviews: 16-100805-AD & 16-101020-AD) Project Proponents: Mi Tran. 13008 SE 305'h Court Federal Way, WA 98092 Email: Mitr Project Planner: Leila Willoughby -Oakes, Associate Planner 33325 8"' Ave S,, Federal Way, WA 98003 253.835.2644 Email: Leila.Willoughby-Dales (&,citvoffederatwav,corn Project Scope: The applicant proposes to construct a future single-family home at the above - mentioned property (unaddressed and undeveloped). The City's Critical Areas inventory depicts a fringe wetland on the parcel5along North Lake. During a 2015 preapplication, the former owner submitted a Wetland Determination for undeveloped parcels within the plat of Louise North Lake Tracts in Federal Way (442060-0010, 442060-0025 & 442060-0030). This peer review request is limited to a review of Parcel # 442060-0035 for the presence of wetlands. Parcel 442060-0035 was uninerged with abutting parcels for building purposes. He No: 16-101380-AD Applicants Na and Pierson (Lots 5 and 6) initially entered into the peer review request jointly. Planning staff were contacted later by the owner/prospective owner of Lot 7 � , 6M0o be included in the peer review of the existing Wetland Determination. Peer review fees for all subject properties will be $4,000.00, split evenly among Na, Pierson and Tran. This is a separate Task Authorization for the Tran Peer Review request. Doc. I.D. 72799 Task Scope: I , A third -party review of Welland Determination for North Lake Properties (dated October 25, 2014) for Parcel 442060-0035 and associated materials for consistency with Federal Way Revised Code (FWRC) Chapter 15.10 'Critical Areas'; especially Article VI 'Regulated Wetlands," FV*TRC 15.10.240-15.10.270 requirements. The proposal is located within the residential shoreline designation, therefore critical area regulations within FWRC Title 15- 'Shoreline Management' apply (versus FWRC 19.145). 2. Perform site visits confirming conditions; and, 3. Prepare a brief memo of findings, in particular describing results of the site visit and letter review and confirming the presence or absence of wetlands on the subject property and determining the associated buffer. Documents Provided: Peer Review Application (Lot 7- 442060-0035) 2014 Wetland Determination for North Lake Properties (C. Gary Schulz) City Critical Area Mapping Task Cost: Not to exceed $1333.33 without a prior written amendment to this Task Authorization. ' Acceptance: Date C.Qn4tant (flon Logan, Senidr' oWst, ESA Asso iates) Date Project Proponent (Louise North Lake Tracts Lot 7) (Mi Tran) Date 'An additional $500.00 was added to February 26, 2016's contract for $3,500.00 between Na and Pierson to review Lot 7 per Ilon Logan, ESA Associates). File No: 16-101380-AD Doc. I.D. 72799 CITY OF 'OA Federal Way *REVISED* WETLANDS CONSULTANT PEER REVIEW Date: February 26, 2016 Consultant: Ron Logan 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 206-789-9658 floaan(Wesassoc.coni Project: Narnyo House — Wetland Determination/ Pierson Wetland Detern4nation Parcels #442060-0025 of 51 and 442060-900 Ll.� �t6 File: 16-100805-AD 16-101020-AD Project Proponents: Youngyul Na 3906 S. 322' Street, Federal Way, WA 98001 younM!@coincast.net Richard Pierson Federal Way WA 253-927-7465 ecnoforester(d)msn.coin Project Planner: Leila Willoughby -Oakes, Associate Planner 33325 8"' Ave S., Federal Way, WA 98003 253.835.2644 Le—ila-wiliqu Project Scope: The applicants (potential buyers for abutting lots) propose to construct two new single-family homes at the above -mentioned pmperties for personal use, unaddressed and undeveloped parcels. The project/building permit scope is undetermined. The City's Critical Areas inventory depicts a fringe wetland on the parcel along North Lake. Ohl 0030). This peer review request is limited to a review of Parcel #442060- 0025 and A42961 for the presence of wetlands. Task Scope: ESA will provide Tbird Party Wetland Review services f6r the NA Proper� locatei "69 i34 71b StrW 04rocl#4416600025) and the Pierson P�� 160ted At 30XX S 337b Street (Parcel #4420600030). Our scope includes: 16-100805-AD Doe M: 72504 Mr. Na/W. Pierson February 26, 2016 1. A third -party review of Wetland Determination for North Lake Properties (dated October 25, 2014) for Parcel #442060-0025 and 442060-0030 and associated materials for consistency with Federal Way Revised Code (FWRC) Chapter 15. 10 'Critical Areas'; especially Article VI 'Regulated Wetlands,' FWRC 15.10.240-15.10.270 requirements. The proposal is located within the residential shoreline designation, therefore critical area regulations within FWRC Title 15- 'Shoreline Management' apply (versus FWRC 19.145). 2. Perform a site visit' confuming conditions; and, Documents Provided: Peer Review Application (Lot 5-442060-0025) Peer Review Application (Lot 6- 442060-0030) 2014 Wetland Determination for North Lake Properties (C. Gary Sc Proposed SFR Building Site Plan (Submitted with Shoreline Exemptio I City Critical Area Mapping Task Cost: Not to exceed $3,500.00 without a prior written amendment to this Task Authorization. Acceptance: 7 City of Federal Way (Planner, Leila Willoughby -Oakes) Date Com"41tan (11on Logan, Senior Ecologist, ESA Associates) Date Fro ject/r4onent (1,4sq(No�rth Lake Tracts Lot 5) (Youngyul Na) Date IM 1 The cost estimate to provide this scope of services is $3,500 pursuant to the fee schedule in our Professional Services Agreement the City. This includes one full -day site visit by two qualified wetland biologists (one associate and one senior), one day to develop the memorandum, and two hours for administrative tasks and communication with City. 16-100805-AD Doc ID: 72504 C. Gary SchulzWetland/Forest Ecologist 7700 S. Lakeridge Drive Seattle, Washington 98178-3135 206/772/6514 — 206-920-5489 cell July 25, 2016 Ms. Ricka Gerstmann' Vice President ; ; Special Assets Officer CITY OF FEDr-RAL iVAY' Washington Federal CDS Seattle, WA Re: Wetland Determination & Peer Review Response for Nortn Lae Properties: City of Federal Way, WA. Dear Ms. Gertsmann: A wetland determination was conducted for the adjoining North Lake Properties located along in the city of Federal Way (Assessor Parcel #s 4420600025, 4420600030, 4420600035, Lots 5 - 7) (Wetland Determination for North Lake Properties - 10/25/16 Letter Report, Schulz). The Properties are vacant, waterfront land on North Lake just north of Weyerhaeuser Way S. The majority of area for these Properties is above the Ordinary High Water Mark (OHWM) of North Lake. The City's peer review consultant (ESA) identified wetlands on the site and a re -assessment was requested (Wetland Determination Review: Na, Pierson, and Tran Properties — Federal Way April 21, 2016 Memorandum, ESA). North Lake is designated as a State Shoreline. Prior communication with city staff indicated the subject Properties are identified in the city's Shoreline Master Program as "Residential" with a 50-foot Shoreline setback. As part of the requested wetland re -assessment, a site meeting was conducted on 6/28/16 with ESA staff (Mr. Michael Muscari, Senior Wetland Ecologist) to review the wetland determination (10/25/16 Letter Report, Schulz). The results of the recent site meeting (Schulz and ESA) are summarized below. During the site review it was determined that wetland area located in shallow water along the shoreline is within the OHWM of North Lake. Some lake edge areas have a distinct steep bank or break in elevation and other areas have seasonally inundated wetland pockets with and without shrub vegetation cover. Because it was not apparent where the OHWM was previously surveyed, six pink flags were installed to locate the OHWM and insure small wetland areas are identified as part of North Lake. Ms. Ricka Gertsmann, North Lake Properties July 25, 2016 Page 2 As part of the city's Shoreline Management regulations (FWRC 15.10) North Lake has a "Residential" Shoreline setback of 50 feet. Aside from the lake shoreline area there are no wetlands on the subject Properties. Off -site Wetland Determination During this site visit and also the previous peer review, ESA observed a potential wetland west of the Properties. The off -site depression area is located more than 50 feet west of Parcel # 4420600035 (Lot 7). A cursory review of this area found a small and linear swale that appears to drain to North Lake. The swale is dominated by scrub -shrub vegetation that is mostly salmonberry (Rubus spectabilis) and estimated to be 12 feet wide at the widest area near the Lake. The swale extends south and west away from the western boundary of Parcel # 4420600035 and narrows in width to a few feet. Based on the cursory review and professional judgment, the potential wetland area is less than 2,500 square feet in size and has one wetland class (scrub -shrub). An updated professional survey map showing existing topography and the recently delineated Ordinary High Water Mark boundary is being submitted with this letter report as a full-sized drawing (Boundary and Topographic Survey for Washington Federal, Barghausen Consulting Engineers - Updated 8/l/16). Based on the City's Critical Areas code for Shorelines listed below, the off -site wetland would not be rated as Category II because it is a wetland contiguous with a water body that supports fish but appears to be less than 2,500 square feet in size (FWRC 15.10.250 (1) (b)). If this wetland was rated as Category III it would have a standard buffer of 25 or 50 feet depending on exact size (FWRC 15.10.250 (2) (c)). Summary North Lake Properties - Lot 7. if there are any q wetland response letter please feel free to contact me. Sincerely, C. Gary h . Wetland/Forest Ecologist RECENLD AUG 04 2016, DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CITY OF FEDERAL WAY 33325 8h Avenue South CITY OF Vw�%t= ADS Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.CiLyo - ff—ed;&WR Federal Way YGM "Please note: Additional or re visedplans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmitials 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 Permit Counterprior to submitting ifyou are not sure about the number of copies required ** A6LY7MNGES TO DR4 WINGS MUST BE CLOUDED. 1--e, w Project Number: Project Name: Project Contact: 11 AXOM&N MM - ---- - ------ --------- - - ------- OFFICE USE Oft Y Distlibuffon Date., --------- - Descl OEM WIMI Bulletin #129 —January 1, 2011 Page 1 of 1 kMandoutsMesubmittal Information Leila Willoughby -Oakes Fnmom; Anderson, Paul S.(ECY) <pean46I@E[Y.W0A.GOV' Sent: Monday, October 1O'2Ol6I0:06AK4 To: Leila Willoughby -Oakes Cc; Pater, David (E[Y) Subject: North Lake wetland memo Attachments: North Lake Wetland Memo IO 1O-l6.pdf Follow Up Flag: Follow up Flag Status: Flagged Leila: Attached, please find nnymemorandum with Ecology's findings on the regulatory status Qfthe lake fringe wetland adjoiningyJ the south 8hQF� of Lake. Ecology's d��iO��iQ� A consulted with other Ecology wetland staff before writing the memo) is that the lake fringe wetland below the OHWM of North Lake should beregulated @sBwetland and not considered t8simply bepart ofthe lake. My review of the Cit/S SMP and Appendix A, indicates that this wetland meets the definition of Category U wetland which would require 81OD-f}Otbuffer from the wetland edge. for the parcels Ofinterest Et the south end of North Lake, the wetland edge is coincident with the OHVVK8. As discussed in the nAeAlo. Ecology concurs with the flagged C)H\N/yN on Lots 5— 7, but does not concur with the (JH\8/IVI depicted On the survey for Lot2. AtLot 2.the (JHVVMshould be extended tOthe landward edge Ofthe wetland that surrounds the small island that we Visited. Thank you for your support in Ecology's review of this interesting question. Please let [neknow ifvvecan do anything else to be of assistance to the City. VM Paul S.Anderson, PVVS VVeUondo/401 Unit Supervisor Washington State Department ofEcology 319O-1GUthAve. GE Bellevue, VVAQ8OD8 Phone: (425)S4A'7148 Cell: (425)7G5-4SQ1 Fox: )849'7098 Memorandum To: Leila Willoughby -Oakes, City of Federal Way From: Paul S. Anderson, Ecology NWRO Wetlands/401 Unit Supervisor Cc: David Pater, Ecology Date: 10/10/2016 Re: Wetland Determination at North Lake Background understand that questions have been raised about the extent and category of wetlands along southern shore and within North Lake in the City of Federal Way (City). As the acting Washington State Department of Ecology (Ecology) Wetland Specialist for King County jurisdictions, I am happy to assist the City in answering wetland- and shoreline -related questions. Ecology is the state agency responsible for regulating wetlands and shorelines and, as such, has developed a number of guidance documents for protecting these valuable resources. To ensure that regulatory interpretations are consistent with that guidance and state law, Ecology staff routinely provide technical assistance to other agencies and local governments. At North Lake, the central question is whether wetlands below the ordinary high water mark (OHWM) of the lake should be regulated as wetlands or are they considered to be part of the lake itself and not subject to wetland regulation? Answering that question has important implications for future land use on several undeveloped parcels along the lake shore because it will determine the required buffers and regulatory setbacks. Regulatory Context In addition to other waters, water bodies greater than or equal to 20 acres in size are subject to regulation under the state Shoreline Management Act (SMA; RCW 90.58) and the City's Shoreline Master Program (SMP; Federal Way Revised Code (FWRC) Ch. 15.05). At approximately 56 acres in size, North Lake is a shoreline of the state regulated through the SMA and the City's SMP. Wetlands and other critical areas within shoreline jurisdiction are regulated by the City through the standards in SMP Appendix A. Wetlands are characterized by a dominance of plants adapted for life in saturated soils and by inundation or saturation (see RCW 90.58.030(2)(h)). Wetlands are frequently associated with water bodies or streams and may be found below the OHWM of those waters (Hruby 2014). For wetland delineation purposes, only five percent cover is required to consider an area vegetated (U.S. Army Corps of Engineers 2010). Page 2 of 9 October 10, 2016 The shorelands (landward 200 feet of the OHWM and any associated wetlands') at North Lake are apparently designated Urban Conservancy in the SMP and require a minimum 50-foot setback from the OHWM (FWRC § 15.05.070(6) Standards table). Wetlands under 2,500 square feet (so are exempt from regulation under the SMP; whereas, Category I wetlands require a 200-foot buffer, Category II wetlands require a 100-foot buffer, Category III wetlands greater than 10,000 sf have a 50- foot buffer and Category III wetland between 2,500 and 10,000 sf have a 25-foot buffer (SMP Appendix A § 6.B). Additional regulatory guidance on wetlands, including lake fringe wetlands below OHWM, is found in the Washington State Wetland Rating System for Western Washington, 2014 Update (Hruby 2014). Of particular relevance to the wetlands waterward of the OHWM at North Lake is the following guidance from § 4.4 (p. 23): "Sometimes a strip of open water is found between the wetland plants farther from shore and those closer to shore. In this situation, the open water is considered a part of one unit that encompasses both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the area of open water may only be temporary, or the submerged plants are present but not visible because they do not grow to the surface. The plants may also be absent due to wave action or physical removal." A number of resources were reviewed in considering whether the lake fringe wetlands at North Lake should be regulated as wetlands, including the City's SMP, Ecology's current wetland rating system (Hruby 2014), Classification of Wetlands and Deepwater Habitats of the United States (Federal Geographic Data Committee (FGDC) 2013), aerial photographs, the National Wetlands Inventory (NWI; available at: htt s:i/ .fws oviwetlands/Data/Ma er.html and a boundary and topographic survey (Barghausen Consulting Engineers, Inc., dated 9-23-14) for parcels along the southern shore of the lake. The survey shows three adjoining parcels, identified on the survey as Lots 5, 6 and 7 and Lot 2 to the east. The survey also shows the flagged OHWM on all of the subject parcels as well as 5 flags (labelled W-1 — W-5) on Lot 2 that apparently show a delineated wetland edge. Figure 1, below, shows the general location of North Lake and Figure 2 shows the parcels of interest at the south end of the lake. Aerial photographs for 2013, 2012, 2009, 2007 and 1936, available at the King County Parcel Viewer Website (available at: h -.ILgismags.kingcounty.gov/parceiviewer2/), show patches of aquatic bed vegetation along the southern shore of North Lake. The patches of vegetation most visible in the photographs are those where plants, such as water lily, extends to or above the water's surface. More extensive areas that appear to include submerged aquatic bed vegetation are also visible in the photographs. The distribution of aquatic bed vegetation in the aerial photographs varies from year to year due, in part, to the time of year the photograph was taken and also, apparently, due to vegetation management within the lake. ' The SMA implementing rules (WAC 173-22-030(1)) define "Associated wetlands" as those wetlands in proximity to and that either influence or are influenced by a shoreline water. Wetlands below the OHWM would be within the shoreline water and only those portions of the wetland that extend landward from the OHWM would be considered to be associated under the SMA. Page 3 of 9 October 10, 2016 The North Lake Management District was formed to address ongoing concerns about water quality and the City has been implementing a management program to reduce the extent of aquatic vegetation, including fragrant water lily (Nymphaea odorata) within North Lake. The primary means of aquatic weed control at North Lake has been through herbicide application and weed rakes (City of Federal Way 2015). Where management activities may have altered the plant community, wetland delineation standards allow for consideration of other approaches in determining if wetland vegetation is present (Ch. 5, §-4.e. Managed plant communities, pp. 104 — 105; U.S. Army Corps of Engineers 2010). Also, the federal definition of aquatic bed vegetation acknowledges that the distribution of plants varies within a year (growing season) and between years: "AQUATIC BED: Includes wetlands and deepwater habitats dominated by plants that grow principally on or below the surface of the water for most of the growing season in years." (FGDC2013). Figure 1. Annotated aerial photograph from the King County Parcel Viewer showing the general location of North Lake just east of 1-5 in the City of Federal Way and the area of interest for this study at the south end of the lake. Page 4 of 9 October 10, 2016 Figure 2. Annotated 2013 aerial photograph from the King County Parcel Viewer showing the parcels of interest (Lots 2, 5, 6 and 7) at the south end of North Lake.floating aquatic bed vegetation is visible immediately offshore of Lots 5, 6 and 7. The NWI map shows a lacustrine aquatic bed wetland contiguous with the southern and western shorelines of North Lake (Figure 3). This wetland, extending from the upland to a water depth of approximately 2.5 meters (8.2 feet)2, is mapped at 12.21 acres in size. The waterward margin of the aquatic bed wetland polygon appears to be consistent with the mapped 5- and 10-foot bathymetric contours for North Lake (Figure 4; Washington State Water Program 1973). 2 With the 2013 update to the federal wetland classification system, the boundary between wetland and deepwater habitat was changed from 2 meters depth to 2.5 meters (8.2 feet) (FGDC 2013). Page 5 of 9 October 10, 2016 Figure 3. Screenshot of the NWl map for North Lake showing a lacustrine aquatic bed wetland along the western and southern shores of North Lake. The mapped area of the aquatic bed wetland is 12.21 acres. Page Guf9 October 10,2OY6 NORTH LAKE —KING COUNTY Sury. 7 March 1950—State Dept of Game Volume—$ 16 Acre Feet 10 SCALE IN FEET Figure 4. Mapped bathymetric contours (feet) for North Lake (Washington State Water Program1S73). Thank you for taking time tojoin mefortheNodhLekeedavisiton September7.2O1O. Your familiarity with the pamndUng history on the parcels vvevisited was a big help in understanding the setting. During our site visit, we looked for wetland and OHWM indicators along the lakeshore. We were also able to see wetland vegetation, including scrub -shrub, emergent and aquatic bed communities atand below C)HVVK8onthe parcels ofinterest. Aquatic bed vegetation was visible approximately 12feet watenwond ofthe (]HVVK8 along the western parcels (Lots 5-7; Photo 1). On Lot 2 and to the east, emergent vegetation was found below OHWM and aquatic bed was seen just offshore (Photos 2and 3). Observed OHWM indicators included a distinct topographic break along the upland edge that was demarcated bvmsmall rockery, water marks onthe rockery,ochange inthe dominant plant community (from wetland b»upland) and substrate changes. C>nLot 2.the C)HVVK8extended bathe landward edge ofthe wetland, encompassing asmall island. The topographic survey (Bmrghauaan Consulting Engineers, 9-23-14) incorrectly shows the North Lake OHWM on the waterward side of the island and wetland onLot 2. Page 7 of 9 October 10, 2016 Ecology concurs with the flagged OHWM boundary on Lots 5 — 7. We do not concur with the OHWM boundary shown on Lot 2 nor do we concur with the determination that the aquatic bed wetland in North Lake does not extend onto the parcels of interest. The OHWM on Lot 2 is coincident with the landward wetland edge. Based on my review of available background information and our site visit on September 7th, Ecology has determined that the wetland below OHWM on all of the subject parcels is greater than 2,500 sf and therefore, subject to regulation under SMP Appendix A. This conclusion is based on the following factors: • Aquatic bed vegetation was visible immediately offshore along all of the parcels we visited on September 7th; • The NWI has mapped a contiguous lacustrine aquatic bed wetland (12.21 acres) along the southern and western shores of North Lake; • ; Aquatic bed vegetation is visible along the shoreline of interest in several aerial photographs dating back to 2007; • Active management for aquatic weeds has very likely impacted the distribution of aquatic bed vegetation in North Lake; • Only five percent cover is required to consider an area vegetated and in areas subject to vegetation management, delineation standards allow for other approaches to making a wetland determination (U.S. Army Corps of Engineers 2010); and • the Washington State Wetland Rating System for Western Washington, 2014 Update (Hruby 2014) provides specific guidance for situations where there may be an unvegetated gap within Jake fringe wetlands (see § 4.4, p. 23). Based on the wetland categories described in SMP Appendix A3, I believe the lake fringe wetland on the subject parcels would be rated as a Category II wetland as it is greater than 2,500 sf in area, is contiguous with a water body that supports a fish population and is greater than one acre in size (SMP Appendix A § 6.B.(a)(2)). Standard buffers for Category 11 wetlands shall be 100 feet (SMP Appendix A § 6.B.(b)(2)), which in this case would be measured from the OHWM/wetland edge. References City of Federal Way. 2015. North Lake Management District 2015 Final Report. Public Works Department, Surface Water Management Division. Federal Geographic Data Committee. 2013. Classification of wetlands and deepwater habitats of the United States. FGDC-STD-004-2013. Second Edition. Wetlands Subcommittee, Federal Geographic Data Committee and U.S. Fish and Wildlife Service, Washington, DC. 3 Interestingly, one of the criteria for Category I wetlands includes open water as a habitat class (SMP Appendix A § 6.13.(a)(1)c.). Page 8 of 9 October 10, 2016 Hruby, T. 2014. Washington State Wetland Rating System for Western Washington, 2014 Update. Washington State Department of Ecology Publication # 14-06-029, Lacey, WA. U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). U.S. Army Engineer Research and Development Center Environmental Laboratory, Vicksburg, MS. Washington State Water Program. 1973. Lakes of Washington, Volume 1, Water Supply Bulletin 14, Olympia, WA. 032�� Photo 1. Site visit photograph of North Lake from Lot 6 just waterward of OHWM showing aquatic bed vegetation within approximately 12 feet of OHWM; facing north. Page 9of9 October Y{\2Qf0 Photo 2.OHVV&4and emergent, obligate wetland vegetation (Iris paouuaoun/o.Pmnsicuriahydoopiporand 7yphe tsbfolia)below OHVVMonLot 2. The white line marks the OHWM onmsmall island; the QHWMtothe landward (south)ofthe island was coincident with the wetland edge. Emergent vegetation extended out into the lake and aquatic bed vegetation was also visible just offshore; facing north. Leila Willoughby -Oakes From: Ilon Logan <ILogan@esassoc.com> Sent: Tuesday, July 05, 2016 1:56 PM I To: Leila Willoughby -Oakes Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Hi Leila, Last week ESA biologist, Michael Muscari, conducted a third -party review of the North Lake lots and prepared the following summary. With this email, we conclude our scope of services for this task order. Please feel free to give me a call with any questions. I met with Gary Shulz on the Na, Pierson, and Tran properties located at the south end of North Lake on Tuesday June 28, 2016. We met to discuss the wetland comment letter that ESA provided to the City of Federal Way on April 21, 2016. ESA°s comment letter concluded that a lake fringe wetland is present along the north end of the property on the lake shore and that a delineation of the wetland boundary should be conducted. While on the properties, Gary and I collectively observed a scrub -shrub wetland along the lake shore, and the entire wetland area lies within the Ordinary High Water Mark (OHWM) of North Lake. Gary flagged the OHWM across the three parcels at six points with pink flagging tape. I concur with the OHWM boundary that Gary flagged based on conditions we observed on June 28, 2016.1 did not observe any other wetlands on the three parcels. North Lake is classified as a Shoreline of the State by FWRC and buffer regulations for wetlands within 200 feet of the shoreline are required by the Shoreline Management regulations (FWRC 15.010.240). It is not clearly stated in the FWRC whether wetlands within the OHWM require an additional buffer beyond the 50-foot setback from the OHWM required for Shoreline Residential designations (FWRC 15.05.070). We did observe what appears to be a wetland within a shallow swale located on the parcel located west of the three properties we reviewed. The potential off -site wetland is a linear feature that begins at the lake and extends to the southwest for a minimum of 200 feet. The potential wetland did not have surface water on June 28, 2016 and appeared to be greater than 50 feet, at its closest point, from the western boundary of the property we were reviewing. Michael Muscari Senior Wetland Ecologist ESA I Northwest Biological Resources Group 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 206.789-9658 1 206.789-9684 fax rn rn usca ri@ eaa ss0:co rr Thank you, lion lion E. Logan Senior Ecologist ESA I Environmental Science Associates 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 206.789.9658 main 1206.789.9684 fax ilo anesassoc.com I www.esassoc.com -----Original Message ----- From: Leila Willoughby -Oakes [mailto:Leila.Willoughby-Oakes@cityoffederalway.com] Sent: Tuesday, May 31, 2016 12:34 PM To: lion Logan Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Excellent. Thanks lion for that update and doing some of the leg work/project management for the applicants. -----Original Message ----- From: lion Logan [mailto:ILogan@esassoc.com] Sent: Tuesday, May 31, 2016 12:33 PM To: Leila Willoughby -Oakes Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Hi Leila, Thanks for keeping me in the loop. I should have done the same with you last week. Mi Tran contacted me directly and asked for a scope and fee for ESA to do the delineation work because Gary Schulz was on vacation until June 7th. I called her and told her that in the end, it would probably be cheaper for them to use Gary than to use ESA and that the work probably would get done much sooner than June 7th (due to ESA's current field schedule). She didn't care about the cost because "the bank is covering the cost" so I sent her an email later that day (I'll forward that to you). She replied that the bank came back noting the cost was too high and that they were going to be waiting for Gary to return. So, I think we'll still have Michael meet Gary onsite to do the delineation verification and use the remaining funds in the on -call task. lion -----Original Message ----- From: Leila Willoughby -Oakes [mailto:Leila.Willoughby-Oakes@cityoffederalway.com] Sent: Tuesday, May 31, 2016 10:38 AM To: lion Logan Subject: FW: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Morning lion, This project seems to be in limbo. It sounds like Gary might be passing the project over to ESA as direct services or an amendment to the existing peer review contract for the delineation (which would need surveying eventually)? Thanks, Leila -----Original Message ----- From: Leila Willoughby -Oakes Sent: Wednesday, May 18, 2016 12:21 PM To: Gary Schulz Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Gary, All three or just one of the applicants would need to pay for additional services from ESA. I would speak with IIon at ESA to see how much a delineation would cost and the scope of work. The applicant would then need to pay under a direct services contact with ESA (pay them directly) if they decided to use our optional direct services program. I was told Michael/you would visit the site to get a concurrence on the wetland extents and buffers etc. and Michael's trip would be covered under the remaining peer review fees and the study would be revised by you? Unfortunately I am out of the office for the next week and won't be able to take further action until May 31st. Thanks again, Leila From: Gary Schulz [bear4all@yahoo.com] Sent: May 18, 2016 9:47 AM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 00301 442060 0035) Ok Leila, Just to be clear then the City cannot have ESA finish the wetlands work (delineation & rating) through the peer review account? Sure would be much quicker then waiting for me. Gary Schulz Ecologist 206-920-5489 On Tuesday, May 17, 2016 10:12 AM, Leila Willoughby -Oakes <Leila.Willoughby-Oakes@cityoffederalway.com> wrote': Hi Gary, We can use the reminder in the account for the ESA portion, unfortunately it will be up to the applicants to arrange a contract and pay you outside of the City's peer review process- it's is a civil matter. These folks really do need a land use planner or engineering firm for their submittals as the city does not have the capacity to do the compliance work for them. I am not sure they are aware of the requirements to get through the process for the shoreline exemption, site plan, grading/building permit or understand that building permit will need engineering calcs. and a geotech. study. Thanks, Leila From: Gary Schulz [mailto:bear4all@yahoo.com] Sent: Tuesday, May 17, 2016 9:29 AM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Hi Leila, Thank you for trying to keep me in this loop. However, unless there is a policy at the City I would try to get ESA to finish the wetland work for these buyers. I am leaving town next week and just don't have time until I return in June. It seems 3 to be the easiest way to resolve since they have already put up a deposit.??? One of the other buyers called me last night but I did not call them back yet. What do you think? Gary Schulz Ecologist 206-920-5489 On Wednesday, May 11, 2016 8:08 AM, Leila Willoughby -Oakes <Leila.Willoughby- Oakes@cityoffederalway.com<mailto:Leila.Willoughby-Oakes@cityoffederalway.com>> wrote: Excellent thanks. From: Gary Schulz [mailto:bear4all@yahoo.com] Sent: Tuesday, May 10, 2016 4:40 PM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Thanks for the call Leila, Nice talking with you. I will reach out to these guys and let you know what happens. Gary Schulz Wetland/Forest Ecologist 206-772-6514 206-920-5489 cell On Tuesday, May 10, 2016 1:21 PM, Leila Willoughby -Oakes <Leila.Willoughby- Oakes@cityoffederalway.com<mailto:Leila.Willoughby-Oakes@cityoffederalway.com>> wrote: Hi Gary, Please see the following applicant's contact information for the delineation, who may be seeking to revise the report and survey/delineate wetland boundaries in order to submit development applications: Mi Tran (Lot 7?)- mitran163@gmail.com<mailto:mitran163@gmail.com> Richard Pierson (Lot 6?)-(econoforester@msn.com<mailto:econoforester@msn.com> Mr. Na (Lot 5?)-youngyuI@comcast.net<mailto:youngyul@comcast.net> If you have questions regarding Weyerhauser please contact Mr. Tim. Johnson, Economic Development Director at Tim.Johnson@cityoffederalway.com<mailto:Tim.Johnson@cityoffederalway.com> or the Chief of Staff Mr. Brian Wilson Brian.Wilson@cityoffederalway.com<mailto:Brian.Wilson@cityoffederalway.com>. With thanks, Leila L. Willoughby -Oakes Associate Planner [25thAnniversary-Medalion-Final-SingleRing-900px] 33325 8th Avenue South 4 Leila: The consensus of Ecology wetland staff is that the aquatic bed wetland along the south and west shoreline of North Lake should be considered contiguous with the strip of scrub -shrub wetland identified on the site plans. Pertinent language from the current wetland rating system includes the following: Section 4.4 = 2014 Wetland Rating System for Western WA. "Sometimes a strip of open water is found between the wetland plants farther from shore and those closer to shore. In this situation, the open water is considered a part of one unit that encompasses both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the area of open water may only be temporary, or the submerged plants are present but not visible because they donot grow to the surface. The plants may also be absent due to wave action or physical removal." The National Wetlands Inventory maps the aquatic bed wetland as 12.21 acres. Therefore, the wetland is greater than 2,500 square feet and would qualify as a regulated wetland in the Federal Way Municipal Code. My initial interpretation of the wetland categories listed in SMP Appendix A, is that this is a Category II wetland that meets criteria (2)a. (a water body with fish) and b. (> 1 acre in size). I will provide the City with a formal write-up of Ecology's findings when I return from vacation the first week of October. If there is anything else we can do in the meantime, or if you have any other questions about this projects please let me know. I will be working today and then on vacation until Oct. 3rd Paul Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Paul S.Anderson ecy wa.gov From: Leila Willoughby -Oakes [mailto:Leila.Willou hb Oakes cit offederalwa .darn] Sent: Thursday, September 15, 2016 8:23 AM To: Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV> Subject: RE: North Lake wetland Paul; Many thanks for the update. No great rush. The on -call consultant (ESAO is still evaluating the report for Lot 2; and I am focusing on different projects this week/next. Thanks again, Leila Sent: Thursday, September 15, 2016 7:40 AM To: Leila Willoughby -Oakes Subject: North Iake wetland Leila: I have decided to confer with my counterparts for an opinion on the North Lake wetland before I write up my findings. I meant to let you know earlier this week but didn't get a chance. I am up at Padilla Bay Int3erpretive Center for the OHWIVI training and won't be back to Seattle until tonight. I will have an answer for you by next Friday and if I can't get my formal findings written up by then, it will be the first week of October as I will be on vacation the last week of September. Paul Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Paul.S.Anderson@ecy.wa.gov 2 R -CEIVED EE t AUG 0 4 Z,016 CITY \,,,y DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES OF FEDERAL 33325 8h Avenue South CDS Federal Way, WA 98003-6325 4t CITY OF 253-835-2607; Fax 253-835-2609 Federal Way )y w w. ci Lyo f —fcdgrja ywaLg2m "Please note: Additional or re vised 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 Permit Counter prior to submitting if you are not sure about the number of copies required ** AN—YrAN ES TO DRA WINGS MUST BE CLOUDED. e PrfNiart Kl"mhar- rly-TER-1-r-Mm WA'WQ nr�!!2111111111111 0 of NIP OFFICE USE Oft Y Distribution Date: _B M-17 Description NEW. Bulletin #129 -January 1, 2011 Page I of 1 k:\Handouts\Resubmittal Information -----Original Message ----- From: lion Logan [mailto:ILogan@esassoc.com] Sent: Tuesday, May 31, 2016 12:33 PM To: Leila Willoughby -Oakes Subject: RE: Summer -Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Hi Leila, Thanks for keeping me in the loop. I should have done the same with you last week. Mi Tran contacted me directly and asked for a scope and fee for ESA to do the delineation work because Gary Schulz was on vacation until June 7th. I called her and told her that in the end, it would probably be cheaper for them to use Gary than to use ESA and that the work probably would get done much sooner than June 7th (due to ESA's current field schedule). She didn't care about the cost because "the bank is covering the cost" so I sent her an email later that day (I'll forward that to you). She replied that the bank came back noting the cost was too high and that they were going to be waiting for Gary to return. So, I think we'll still have Michael meet Gary onsite to do the delineation verification and use the remaining funds in the on -call task. gra -----Original Message ----- From: Leila Willoughby -Oakes [mailto:Leila.Willoughby-Oakes@cityoffederalway.com] Sent: Tuesday, May 31, 2016 10:38 AM To: lion Logan Subject: FW: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Morning lion, This project seems to be in limbo. It sounds like Gary might be passing the project over to ESA as direct services or an amendment to the existing peer review contract for the delineation (which would need surveying eventually)? Thanks, Leila -----Original Message ----- From: Leila Willoughby -Oakes Sent: Wednesday, May 18, 2016 12:21 PM To: Gary Schulz Subject: RE: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Gary, All three or just one of the applicants would need to pay for additional services from ESA. I would speak with lion at ESA to see how much a delineation would cost and the scope of work. The applicant would then need to pay under a direct services contact with ESA (pay them directly) if they decided to use our optional direct services program. I was told Michael/you would visit the site to get a concurrence on the wetland extents and buffers etc. and Michael's trip would be covered under the remaining peer review fees and the study would be revised by you? Unfortunately I am out of the office for the next week and won't be able to take further action until May 31st. Thanks again, 69 Leila From: Gary Schulz [bear4all@yahoo.com] Sent: May 18, 2016 9:47 AM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Ok Leila, Just to be clear then the City cannot have ESA finish the wetlands work (delineation & rating) through the peer review account? Sure would be much quicker then waiting for me. Gary Schulz Ecologist 206-920-5489 On Tuesday, May 17, 2016 10:12 AM, Leila Willoughby -Oakes <Leila.Willoughby-Oakes@cityoffederalway.com> wrote: Hi Gary, We can use the reminder in the account for the ESA portion, unfortunately it will be up to the applicants to arrange a contract and pay you outside of the City's peer review process- it's is a civil matter. These folks really do need a land use planner or engineering firm for their submittals as the city does not have the capacity to do the compliance work for them. I am not sure they are aware of the requirements to get through the process for the shoreline exemption, site plan, grading/building permit or understand that building permit will need engineering calcs. and a geotech. study. Thanks, Leila From: Gary Schulz [mailto:bear4all@yahoo.com] Sent: Tuesday, May 17, 2016 9:29 AM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Hi Leila, Thank you for trying to keep me in this loop. However, unless there is a policy at the City I would try to get ESA to finish the wetland work for these buyers. I am leaving town next week and just don't have time until I return in June. It seems to be the easiest way to resolve since they have already put up a deposit.??? One of the other buyers called me last night but I did not call them back yet. What do you think? Gary Schulz Ecologist 206-920-5489 On Wednesday, May 11, 2016 8:08 AM, Leila Willoughby -Oakes <Leila.Willoughby- Oakes@cityoffederalway.com<mailto:Leila.Willoughby-Oakes@cityoffederalway.com>> wrote: Excellent thanks. From: Gary Schulz [mailto:bear4all@yahoo.com] Sent: Tuesday, May 10, 2016 4:40 PM To: Leila Willoughby -Oakes Subject: Re: Summer Lots- Wetland Report Revisions (Parcels 442060 0025, 442060 0030, 442060 0035) Thanks for the call Leila, Nice talking with you. I will reach out to these guys and let you know what happens. Gary Schulz Wetland/Forest Ecologist 206-772-6514 206-920-5489 cell On Tuesday, May 10, 2016 1:21 PM, Leila Willoughby -Oakes <Leila.Willoughby- Oakes@cityoffederalway.com<mailto:Leila.Willoughby-Oakes@cityoffederalway.com>> wrote: Hi Gary, Please see the following applicant's contact information for the delineation, who may be seeking to revise the report and survey/delineate wetland boundaries in order to submit development applications: Mi Tran (Lot 7?)- mitranl63@gmail.com<mailto:mitranl63@gmail.com> Richard Pierson (Lot 6?)-(econoforester@msn.com<mailto:econoforester@msn.com> Mr. Na (Lot 5?)-youngyuI@comcast.net<mailto:youngyuI@comcast.net> If you have questions regarding Weyerhauser please contact Mr. Tim. Johnson, Economic Development Director at Tim.Johnson@cityoffederalway.com<mailto:Tim.Johnson@cityoffederalway.com> or the Chief of Staff Mr. Brian Wilson Brian.Wilson@cityoffederalway.com<mailto:Brian.Wilson@cityoffederalway.com>. With thanks, Leila L. Willoughby -Oakes Associate Planner [25thAnniversary-Medalion-Final-SingleRing-900px] 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www.cityoffedera lway.com<http://cP.mcafee.com/d/avndygwd6Qm64jhOCeuhhdTd L81cecL6TAm6777zgtSm6nlM UQsL CQrL9Lcc3Cm3s37Sa_454dyh9WTjUsKr8r4yjRKDMVsSCYCyCW-_R- p7cELzKLsKCOMzPRQmmbZhSdgWgJSmel3PWApmU6CQjg9K_8K6zBdCUVMQsFCXCM01FjblttZ3UWuoQJO- 6P_AvL697DRr8A01oLniLQllFjblttZ3UWuoQJOVJ54QsTKr4wOc6y01tfaCdb6y05- pBi Io6y0iGG HY9Qd FCzASa pvH W M LxTAf> Land Use Forms: http://www.cityoffederalway.com/index.aspx?nid=481 5309 Shilshole Avenue NW www.esassoc-com Suite 200 710411141 = Mte' MR date April 21, 2016 to Leila Willoughby -Oakes , City of Federal Way Department of Community Development B1MEff_-M This memo provides a summary of our review of a wetland determination conducted by C. Gary Schulz for Tax Parcel Numbers 442060-0025 and 442060-0030, as well as a summary of our wetland reconnaissance investigation of Tax Parcel Number 442060-0035. The three parcels (442060-0025, 442060-0030, and 442060- 0035) are the Na, Pierson, and Tran properties located at 30XXX S 337h Street in Federal Way, Washington. Mr. Shulz's wetland determination was reported in a letter to Barghausen Consulting Engineers, Inc. dated d an additional narcel (Tax Parcel Number 442060-00 10) that was not part of our [97ATITIMIr tnvironmentai Science Associ �M Me - a copy of the wetland delineation map provided in the letter produced by Mr. Schulz. The conclusions and information provided in these portions of the document were used to compare to the site conditions observed during the ESA site visit (described below). The wetland determination conducted by Mr. Schulz references parcels 442060-0010, 442060-0025, and 442060-0030 and concludes that no wetlands or streams were observed on parcels 442060-0025 and 442060- 0030. According to the wetland data sheets, Mr. Schulz based his conclusions on two field visits in early October 2014. The data sheets indicate that one wetland parameter (vegetation) was observed at two data plots and no evidence of the other wetland parameters (hydrology, or soils) was observed. ESA wetland biologists Michael Muscari and Christina Hersurn conducted a site visit on April 5, 2016 to observe site conditions on the properties. We observed existing soil conditions, hydrology sources and patterns, 4P44 meet the definition of wetland in the Federal Way Revised Code (FWRC). No efforts to delineate the boundaries of any identified wetlands were made during the April site visit. Per FWRC 19.145.410, the presence or absence of wetlands was determined based on the methodology in the Western Mountains, Valleys, and Coasts Regional Supplement to the Corps ofEngineers 1987 Wetlands Delineation Manual. The methodology outlined in the manual is based upon three essential characteristics of wetlands: (1) hydrophytic vegetation; (2) hydric soils; and (3) wetland hydrology. Field indicators of these three characteristics must all be %resent in order to determine that an area is a wetland '�unless problem areas or atjj&ical situations are encountered). Na, Pierson, and Tran Properties Weiland Review April 21, 2016 mum" Soils were characterized as a 10 YR 2/1 (Munsell col chart) silty loam, which is consistent with hydric soil indicator Al I (depleted below is surface). At each of the soil • locations that had • soil indicators, mm*wte I MUFALWO] #U-1rurewas MGM • provided by shrubs and trees (see photos). No problem area • atypical conditions were noted during the site Visit. , Lmmv nowt. a uque Recommendations Based upon our field investigation and other documentation provided, ESA recomrnends the following: a The wetland in the northern and northwestern portions of the parcels should be delineated following methods required by the FWRC pursuant to the Corps 1987 Manual and regional supplement. Data plots should be established within and outside of the wetland to document the delineation. The wetland should be rated based on the methods required by the FWRC and a standard buffer should be applied and shown • a parcel map. Within the limitations • schedule, budget, • constraints, and scope-mof-work, we warrant that this study was conducted in accordance with generally accepted environmental science practices, including the technical guidelines and criteria in effect at the time this study was performed. The results and conc usions o s report represent the authors' best professional judgment, based :if inforination provided by the project proponent in addition to that obtained during the course of this study. No other warranty, expressed or implied, is made. The wetland boundaries, classifications and ratings should be considered subject to change until reviewed and approved by regulatory agencies. 9�� Na, Pierson, and Tran Properties Wetland Review April 21, 2016 Looking north across North Lake in Parcel 442060-0035 Looking north across North Lake in Parcel 442060-0025 CITY OF F6deral My 7UNIMIRMWIM E CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www, cityoffederalway, com Jim Ferrell, Mayor Youngyul Na Email: yojing yul �vcomcastmet 3906 South 322 nd Street Federal Way, WA 98001 man= Enclosed please find tile consultant task authorization with a scope o worK for review L— Deterin ination for North Lake Properties.' The Department's consultant, ESA Associates, was asked to Ic-ovide an estimate for their review bf information prepared by C. Gary Schulz, Wetland/Forest Ecologist, October 25, 20 14. The normal Course of action is for the City to set up an account to be funded by the applicant and drawn down by the work performed by ESA. Please note that if any of the funds are not used, they will be returned to the applicant. A check in the amount of $1,' )33.33 ), payable to the City of Federal Way, and �i&512-"tlliwcimfivw*-itk&v4*jjtmt#tilkliN-?-it#JlMki)flXIM:nLl;,t be submitted before the review will beSgw-�t �tal yeer review costs for both lots will be $4,000.00). Please note —this fee will cover the review of the materials, field review, and technical memorandum. Any meeting would occur during ESA's field review if requested by the applicant. Additional reviews or meetings beyond that will require a supplemental cost and authorization. Per formal discussions, the peer review costs will be divided evenly between Yourself, Mr. Pierson and Ms. Tran for the report. Following, receipt, I will authorize ESA to begin their formal review. If you have any questions regarding this letter or YOUr project, please contact me at 253-835-2644, or C, 01 lei la.wl I loughby-oakes(a),c ltvoffederalway.com. Smce,rly e eil W a Willoughby -Oakes illol ilghby-Oakes Associate Planner enc: REVISED Task Authorization Form (Signed) City of Federal Way Invoice Task Authorization Form for Tran Weiland Report Peer Review 16-100905-AD Doc I D 72404 CITY OF Ir 111. - 11 U-i W t9A XTA 141 D1 11AIMA By I 114te: FebruM 26, 2016 Consultant: Ron Logan 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 206-789-9658 iJgganC&_esassoc.cotn ff'roject: Namyo House — Wetland Determination/ Pierson Wetland Determinatim Parcels #442060-0025 rLot 51 and 4&fLQ�bOQ��a�oto File: 16-100805-AD 16-101020-AD Project Proponents: Youngyul Na 3906S.322 nd Street, Federal Way, WA 98001 your pLul@.conicast.net Richard Pierson Federal Way W 253-927-7465 ecnofbrcste[gmsn.cozrt Project Planner: Leila Willoughby -Oakes, Associate Planner 33325 8h Ave S., Federal Way, WA 98003 253.835.2644 Leila.Willou S_hb y-Oakes &cityoffederalway,cony Project Scope: The applicants (potential buyers for abutting lots) propose to construct two new single-family homes at the above -mentioned properties for personal use, unaddressed and undeveloped parcels. The project/building permit scope is undetermined. The City's Critical Areas inventory depicts a fiinge wetland on the parcel along North Lake. During a 2015 preapplication, the former owner submitted a Wetland Determination for three undeveloped properties within the plat of Louise North Lake Tracts in Federal Way (442060-0010, 442060-0025 & 442060- 0030). This peer review request is limited to a review of Parcel #442060- 0025 and 442060-0030 for the presence of wetlands. Task Scope: ESA will provide Third Party Wetland Review services for (he Na Ptopqrty� located at 30XXX S 337h Street (Parcel #4420600025) and the Picrson�Prqperty, located at 30XX S 337h Street (Parcel #4420600030). Our scope includes: 16-100805-AD Doc ID: 72504 9 i 11 1 ME•m. IBM NIFA&Aagrmy ILOM A third -party review of Wetland Determination for North Lake Properties (dated October 25, 2014) for Parcel #442060-0025 and 9,:ffi Revised Code (FWRC) Chapter 15. 10 'Critical Areas'; especially Article VI 'Regulated Wetlands.' FVVRC 15.10.240-15.10.270 requirements. The proposal is located within the residential shoreline designation, therefore critical area regulations within FWRC Title 15- 'Shoreline Management' apply (versus FWRC 19.145). 3. Prepare brief memo describing results of site visit and letter review. Memo will describe presence or absence of wetlands on subject properties and associated buffer (if present) according to FWRC 15. 10. Documents Provided: Peer Review Application (Lot 5-442060-0025) Peer Review Application (Lot 6- 442060-0030) 2014 Wetland Determination for North Lake Properties (C. Gary Schulz) Proposed SFR Building Site Plan (Submitted with Shoreline Exemption) City Critical Area Mapping Task Cost: Not to exceed $3,500.00 without a prior written amendment to this Task Authorization. 03H= City of Federal Way (Planner, Leila Willoughby -Oakes) DatAJ Consultant (Ilon Logan, Senior Ecologist, ESA Associates) Date Project Proponent (Louise North Lake Tracts Lot 5) (Youngyul Na) Date Project Proponent (Louise North Lake Tracts Lot 6) (Richard Pierson) Date 1 1 V�091pubkbitwvlant to the fee schedule in our Professional Services Agreement the City. This includes one fall -day site visit by two qualified wetland biologists (one issociate and one senior), one day to develop the memorandum, and two hours for administrative tasks and communication with City. rlfff.•� Doc ID: 72504 . . . .......... . .. .... From: lion Logan <ILogan@esassoc.com> Sent: Friday, February 26, 2016 12:50 PIVI To: Leila Willoughby -Oakes Subject: RE: Coordinating Peer Review- Northlake Wetland Study As we just discussed over the phone, here is our revised scope and estimate to provide wetland services on two parcels instead of one. ESA will provide Third Party Wetland Review services for the Na Property, located at 30XXX S 337h Street (Parcel #4420600025) and the Pierson Property, located at 30XX S 337t" Street (Parcel #4420600030). Our scope includes: • Review wetland letter report by C. Gary Schultz titled Wetland Determination for North Lake Properties (dated October 25, 2014) for consistency with Federal Way Revised Code critical area regulations of the Shoreline Management chapter (FWRC 15.10). • Conduct site visit by two qualified wetland biologists to evaluate site conditions and confirm letter report. • Prepare brief memo describing results of site visit and letter review. Memo will describe presence or absence of wetlands on subject properties and associated buffer (if present) according to FWRC 15.10. The cost estimate to provide this scope of services is $3,500 pursuant to the fee schedule in our Professional Services Agreement the City. This includes one full -day site visit by two qualified wetland biologists (one associate and one senior), one day to develop the memorandum, and two hours for administrative tasks and communication with City. Please let me know if you have any questions. Thanks! lion From: Leila Willoughby -Oakes [m ilt�oLeila,�Willou �hb-O�akes C�Ioffe�deralwa �.Com] Ai_ Sent: Thursday, February 25, 2016 12:09 PM To: lion Logan Subject: RE: Coordinating Peer Review- Northlake Wetland Study Thanks lion. Please find a clearer wetland map attached and an excerpt from our City wetland inventory from 1998. With thanks, WR From: lion Logan mailto.-ILogan J esassor-.com] Sent: Thursday, February 25, 2016 8:12 AM To: Leila Willoughby -Oakes Subject: RE: Coordinating Peer Review- Northlake Wetland Study [am=- EI 1 I've told our biologists to hold off until we hear more from you. Your proposal to Mr. Na seems like a smart idea. I guess we'll see. Thanks, Ilon From: Leila Willoughby -Oakes [mallto°Leila Wllloughby Oakes cLtypf ederalwa .com] Sent: Wednesday, February 24, 2016 8:52 AM To: 'youngyul@comcast.net' Cc: Ilon Logan Subject: Coordinating Peer Review- Northlake Wetland Study Greetings Mr. Na, Thank you for your shoreline exemption resubmission. I will be processing it next week. I would like to inform you that several potential buyers (two) for Lots 6 and 7 (4420600030 and 4420600035) visited City Hall. I told them there is an ongoing peer review and shoreline exemption on an abutting lot. I suggest you pause the wetland study peer review, in an effort to coordinate the with these individuals to see if they would like these lots peer reviewed concurrently to determine the buildable area. They may call you shortly as I provided them with your contact information. Their names are: i) Richard Pierson and ii) Alexander Statikov or Alec Kord (the latter is working on behalf of his father in law). We could the amend current scope of work with our on -call consultant to include an assessment of Lots 6 and 7 and divide the peer review costs three ways (essentially there would be 3 applicants on the administrative decision form and three separate invoices). This is in the event that you are OK with delaying the peer review possibly by a month provided the other potential buyers contact you within a reasonable amount of time (1-3 weeks) and submit a formal request. If they do not, they will also need to undergo a wetland peer review of their lots prior to building permits. I have not sent you the peer review applicant cost estimate letter (scope of work) yet due to this matter. If you have any questions or comments, please do not hesitate to contact me. Thank you for your time, L. Willoughby -Oakes Associate Planner Please resubmit all applications via the Permit Center. 33325 8'h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 vvwWS, 6 ffedemlwa ,Cc Leila Willouqhby-Oakes From: Ilon Logan <ILogan@esassoc.com> Sent: Wednesday, February 17, 2016 1:58 PM To: Leila Willoughby -Oakes Cc: Michael Muscari Subject: RE: Wetland Peer Review (North Lake-442060 0025) Leila, Thank you for contacting ESA to request our on -call services. I have looked at the documents you provided and developed the following scope of services and fee estimate. ESA will provide Third Party Wetland Review services for the Na Property, located at 30XY_X S 337h Street (Parcel #4420600025). Our scope includes: • Review wetland letter report by C. Gary Schultz titled Wetland Determination for North Lake Properties (dated October 25, 2014) for consistency with Federal Way Revised Code critical area regulations of the Shoreline Management chapter (FWRC 15.10). • Conduct site visit by two qualified wetland biologists to evaluate site conditions and confirm letter report. • Prepare brief memo describing results of site visit and letter review. Memo will describe presence or absence of wetlands on subject property and associated buffer (if present) according to FWRC 15.10. I lie UV91 Agreement the City. This includes one half -day site visit by two qualified wetland biologists (one associate and one senior), one day to develop the memorandum, and two hours for administrative tasks and communication with City. Please let me know if you need a more detailed breakdown of the cost estimate (my staff and rates) or if the above is sufficient. Our field staff is available to conduct this work next week if we are able to get authorization from the From: Leila Willoughby -Oakes rrn646Leila. flioughiiibv-Oake�octbQftderal�6��_ Sent: Wednesday, February 17, 2016 9:22 AM To: Ilon Logan Subject: Wetland Peer Review (North Lake-442060 0025) Please find attached materials for a peer review request for wetlands identified on lots abutting Federal Way's Nort Lake (30XXX S 337 th St). May ESA provide summarized scope of work? The city will retain our on call consultant for .1 and ensure the report meets our code. The area is designated -"Shoreline Residential" within the SMP. The submittea report evaluate several properties in the area; however there is one subject parcel. I A task authorization for signatures from the City, Applicant and ESA will follow shortly. if you have any questions or comments, please do not hesitate to contact me. IS -Mr KIMU111TOORM MOM= F-'TTr• UHMM Please resubmit all applications via the Permit Center. 251-h 33325 8 th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2644 Fax: 253/835-2609 wwvv.citvoffederalway.co IN Leila Willouahbv-Oakes From: Leila Willoughby -Oakes Sent: Thursday, February 25, 2016 12:09 PM To: 'Ilon Logan' Subject: RE: Coordinating Peer Review- Northlake Wetland Study Attachments: North Lake Inventory Wetland No. 16-21-4-189.pdf.docx; North Lake Inventory Wetland No. 16-21-4-189.pdf Thanks lion. Please find a clearer wetland map attached and an excerpt from our City wetland inventory from 1998. With thanks, Leila From: Ilon Logan rmailfo:ILo an e ssoc.com] Sent: Thursday, February 25, 2016 8:12 AM To: Leila Willoughby -Oakes Subject: RE: Coordinating Peer Review- Northlake Wetland Study Hi Leila, I've told our biologists to hold off until we hear more from you. Your proposal to Mr. Na seems like a smart idea. I guess we'll see. Thanks, lion From: Leila Willoughby -Oakes [mailto:Lella.Willu hb -Oakes ci offederalwa ,cdl] Sent: Wednesday, February 24, 2016 8:52 AM To: 'youngyul@comcast.net' Cc: Ilon Logan Subject: Coordinating Peer Review- Northlake Wetland Study Greetings Mr. Na, Thank you for your shoreline exemption resubmission. I will be processing it next week. I would like to inform you that several potential buyers (two) for Lots 6 and 7 (4420600030 and 4420600035) visited City Hall. I told them there is an ongoing peer review and shoreline exemption on an abutting lot. I suggest you pause the wetland study peer review, in an effort to coordinate the with these individuals to see if they would like these lots peer reviewed concurrently to determine the buildable area. They may call you shortly as I provided them with your contact information. Their names are: i) Richard Pierson and ii) Alexander Statikov or Alec Kord (the latter is working on behalf of his father in law). We could the amend current scope of work with our on -call consultant to include an assessment of Lots 6 and 7 and divide the peer review costs three ways (essentially there would be 3 applicants on the administrative decision form and three separate invoices). This is in the event that you are OK with delaying the peer review possibly by a month provided the other potential buyers contact you within a reasonable amount of time (1-3 weeks) and submit a formal request. If they do not, they will also need to undergo a wetland peer review of their lots prior to building permits. VT'V� �Ve ce-r MIT questions or comments, please do not hesitate to • me. I 11 6 1 # F-Ir-r-ToTolf-lUIN - i I - Please resubmit all applications via the Permit Center. 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2644 Fax: 253/835-2609 AAW.cityoffecleratway.corn Leila i; • • From: Leila Willoughby -Oakes Sent: Tuesday, December 01, 2015 9:50 AM To: 'Alex WhiteBelenky' Cc: David Litowitz; 'Kaehler, Gretchen (DAHP)' Subject: RE: File # 15 - 100738-00 - /Summer Lots Shoreline Residential Development (4420600010, 4420600025, and 4420600030) Greetings Alex, A brief eer review of the wetland study will be required to concur with the findings of the professional wetland scientist retained by the seller, ensuring the study is accurate prior to residential building permit approvals. Ultimately determining the buildable land area and mapping designated critical areas on the site and ensuring the extent of the lake fringe wetlands, which there typical of this area due to shoreline vegetation are protected. You may start a peer review to vet this report by submitting an Administrative Decision Request and the a hardcopy of the report to the Permit Center in person at City Hall: htt wwwit offderalwa .com OoumentCenter tiew 6437 all wetland reports are peer reviewed for quality control. You may do this without owning the land. The city will contact their on -call consultant and provide you a quote for the peer review. The report will be reviewed for consistency with the new critical areas ordinance adopted by the city in June 2015. The property was reviewed under the old critical areas code, no vesting has occurred as no permits have been submitted. 2. Please provide proof of the segregation/merger approval from King County during any building permit submission on these lots. The assessor data we have may not be up to date. The Building Department does not permit buildings on top of lot lines. As listed in the pre -application letter, contact Gretchen Kaehler a state Archaeologist, Iced on this email to confirm the legislative requirements of an outside agency for address. Provide documentation that there are no cultural resources on these sites (4420600010, 4420600025, and 4420600030). An Archeological Historic Resources Survey/Study is at the discretion of the Department of Archaeology and Historic Preservation (DAHP),. Unless the planner you spoke to is a DAHP official, the local planners or a private consultant retained do not have jurisdiction over satisfying state requirements. Please provide documentation of any sign -off by DAHP archaeologists.: Gretchen Kaehler Assistant State Archaeologist, Local Governments Department of Archaeology and Historic Preservation Olympia Ph:360-586-3088 Cel l:360-628-2755 Thank you, L. Willoughby -Oakes Associate Planner Please resubmit all applications via the Permit Center. 33325 8'h Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2644 Fax: 253/835-2609 www.cityaffede-ratw@y.com From: Alex WhiteBelen ky [mailtoalexwhitebetenk4@gmaii.com] Sent: Monday, November 30, 2015 5:19 PM To: Leila Willoughby -Oakes Cc: David Litowitz Subject: File # 15 - 100738-00 - /Summer Lots Shoreline Residential Development Leila We are under PS Agreement to purchase lots 5,6&7. 1 would appreciate if you can respond to following questions. 1. In paragraph # 3 of above started file, there is a condition associated with further King County segregation process. According to seller representative segregation process has been completed and we do have three separate lots of record. Lots 5, 6 and 7. Please find attached records from King County. Please let me know if you can remove comments associated with paragraph # 3 and it's no longer condition to above stated file. If not, please identify what needs to be done for above stated condition to be removed. 2.Paragraph #13. Archeological and Historic Resources. During my visit with senior planer, I was told that subject area not normally subject to Archaeological review. Please identify reason fur such condition, and if that condition can be removed. 3. Paragraph # 14, Wetland. Please find attached letter from Wetland specialist identifying_L0 wetland for lots • and 7, the • lot that is effected •' • site wetland is lot # 2. Please let me •, if attached letter is satisfactory. Imam Alex White Member ADMINISTRATIVEREQUEST FOR CSI RECEIVED `DEPARTMENT OF COMMUNITY DEVELOPMENT . CI Y 6F 33325 8`h Avenue South Federal Way FEB 12 2016 Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 CITY 0F FEDERAL WAY Kv v1,,2-c.ityoltederalvva ni CDS FILE NUMBER � to Applicant N E _. PRIMARY PHONE 1 BUSINESStORGANi ZATI ALTERNATE PHONE MAILING ADDRESS E-MAIL C I OI. STATE ZIP P 7i ca Property Address/Location - w Description of Request.. Vt't� i a List/Describe Attachments " 4 r Staff use Vode Interpretation/Clarification - No Fee critical Areas Letter/Analysis/Peer Review No Fee (Actual Cost if Applicable) 11 Request for Extension (Land Use/Plat Approval) Check Current Fee Schedule El Revisions to Approved Permit _ Check Current Fee Schedule El Tree Removal - No Fee El Zoning Compliance Letter Check Current Fee Schedule Bulletin #079 —January 4, 2016 Page 1 of 1 k:\HandoutslRequest for Administrative Decision ors SIT LAN FLAN SCALE 1 = 29-9' DESIGNER YOUNGYUL NA 3906 8 322nd ST FEDERAL WAY, WA 98001 (253-661-1229) RESIDENCE FOR YOUNGYUL & NAMHYO NA 3906 S 322nd ST FEDERAL WAY, WA 98001 SITE ADDRESS - SOUTH 337TH ST. FEDERAL WAY, WA 9B601 PARCEL NO, 4420600025 FEDERAL WAY, WASHINGTOM 98001 0 YOUNGYRNA 25M61-129 DATE; REVISION; --BY—` -- — #is -1$ %1$ --i'2$ .2$ %2$ #3$ '3$ %3$ --i4$ -4$ %4$ %5$ #os •6$ %6$ --;7$ '7$ #0$ 'B$ %S$ #9$ %9$ #10$ 110$ %10$ #12$ %12$