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12-105613 IL ` CITY OF CITY HALLEth tr-ms Federal Way8th Aven Feder Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway..car► January 30,2013 Twin Lakes HOA Email to:maynard55@gmailcom Gary A Darcey 32205 40th Place SW Federal Way, WA 98023 RE: FILE#12-105613-00-AD;RESPONSE TO INQUIRY Lake Ponce De Leon Alteration,SW 323n1 Street,Federal Way Dear Mr. Darcey: The Community and Economic Development Department has received your inquiry regarding the necessary permits needed for filling Lake Ponce de Leon and constructing a park in its location.In addition to the list of city permits I have listed below,your proposal will also require additional permitting and approval from other state and federal agencies and any permitting requirements from such agencies should be requested through their respective offices. PLAT ALTERATION The Twin Lakes No. 1 subdivision identifies Lake Ponce de Leon as Tract A.Any change of use of Tract A from the lake feature shown on the subdivision document would require a Plat Alteration.The application for the alteration requires the signatures of a majority of the property owners of the 127 lots within the subdivision.The process for a plat alteration will require a recommendation from the city's Hearing Examiner followed by a public hearing and decision by City Council. WETLAND MITIGATION Historical aerial photos provided by the King County iMap service indicate Lake Ponce de Leon was a wetland feature prior to development of the area. Additionally, the U.S.Fish and Wildlife Service's National Wetland Inventory shows the lake as a palustrine freshwater pond wetland. Due to these circumstances,any filling of the lake would require permitting from the United States Army Corps of Engineers and Washington State Department of Ecology. Please contact the Army Corps Seattle field office at 206-764-3742 for information regarding a Section 404 permit and the Department of Ecology at 425-649-4447 regarding 401 Water Quality Certification. Filling the wetland fringe areas around the lake would also require permitting and mitigation from the city.A Process IV Master Land Use application and wetland mitigation plan would be required. Mitigation is restricted to restoration,creation,or enhancement and is typically meant to improve the function and values of the impacted wetland,but as you have proposed to fill and construct a park over the pond you are able to provide mitigation to another offsite wetland within the same basin. Wetland mitigation plan approval is issued by the city Hearing Examiner following a public hearing. Be advised that staff would not currently support such a proposal as Lake Ponce de Leon provides upstream storage capacity to Lakota Creek. Removing the storage capacity could cause downstream erosion and detriment to the salmon bearing reach near the Puget Sound outfall. Mr.Darcy January 30,2013 Page 2 Dredging and filling waterward of the ordinary high watermark is also regulated by Federal Way Revised Code 19.170.030. Mitigation of such impacts will also be considered under the required Use Process III application for the proposed park type use you have suggested. STATE ENVIRONMENTAL POLICY ACT(SEPA) The proposal is not categorically exempt from environmental review due to the proposed action taking place on lands covered by water.An environmental checklist must be completed and submitted with the Process IV Master Land Use application. You are strongly encouraged to identify how you propose to mitigate the downstream impacts of filling the lake within the checklist. ENGINEERING APPROVAL Filling the lake will trigger a requirement to design a stormwater facility that meets currently adopted codes.As of the date of this letter,the city requires a design in accordance with the 2009 King County Surface Water Design Manual. It is likely the current functions of Lake Ponce de Leon do not meet the required flow control and water quality standards of the current manual.These standards slow the rate at which stormwater is released into the downstream system and treats pollution generated flows from streets and parking area. CLOSING If you decide to move forward with your proposal,I would encourage you to contact the Washington State Governor's Office of Regulatory Assistance at 1-800-917-0043.The office can provide you additional guidance regarding inter-agency permitting.Please be advised that due to complexity of the permit process a formal preapplication conference with city staff will be required prior to submitting a Master Land Use application. Please feel free to contact me at 253-835-2638 or matt.herrera@ciryoffederalway.com with any questions regarding this letter. Sincerely, Matthew Herrera Associate Planner c: Will Appleton,SWM Manager 12-105613 Doc.ID 62847 12 — IOSQ. (? st- * Isaac Conlen To: Gary Darcey Cc: William Appleton; Bob Hill; Ginelle Holyoak; Sandy Duvall Subject: RE: Lake Ponce de Leon Good morning Mr. Darcey, Although (I believe) this was an artificially created lake, it is now regulated as a critical area (both as a regulated lake and also a wetland). Based on these designations it is not clear if the lake can simply be filled. I'm assigning one of my staff to look into the issue. We'll follow up when we've had a chance to do so. Regards, Isaac 253 835 2643 From: Gary Darcey [mailto:maynard55@gmail.com] Sent: Monday, December 17, 2012 8:19 AM To: Isaac Conlen Cc: William Appleton; Bob Hill; Ginelle Holyoak; Sandy Duvall Subject: Re: Lake Ponce de Leon Good morning Mr Conlen We (Twin Lakes HOA) are contemplating filling in our Lake Ponce de Leon for the purpose of eliminating the lake and constructing a park. This effort would require us to hard pipe the storm drain inlet to the lake to the outlet point, a distance of about 500 feet. What type of permits would this require? gd On Wed, Dec 12, 2012 at 4:08 PM. William Appleton <William.Appleton cityoffederalway.com> wrote: Mr. Darcey, I have cc'd Isaac Conlen,the planning manager on this response, as it is his group that handles grade and fil' permits. We are unable to recommend contractors, but I believe that there are many of them out there capable of performing the work that you are contemplating. My suggestion would be to find multiple earthwork contractors and ask for references. Regards, Appleton i f From: Gary Darcey [mailto:maynard55Cagmail.com] Sent: Wednesday, December 12, 2012 12:54 PM To: William Appleton Subject: Re: Lake Ponce de Leon Mr Appleton We continue to kick this around. I need to come up with some financial numbers. Do you know or can you direct me to the person that handles permitting? I'm assuming some kind of permit will be required. Do you have a listing of contractors that the city has worked with that you could recommend? 9 On Thu, Oct 11, 2012 at 9:01 AM, Gary Darcey <mavnard55@gmail.com>wrote: Mr Appleton, Thanks for getting back to me and the Twin Lakes HOA. I am relatively new to this problem. I have lived in Twin Lakes for about 4 years and my time on the HOA board is less than 2 years. Once on the board, I was assigned the duties of managing the lakes. As far as the history of Ponce, all I have to go by are saved emails and other pieces of correspondence that the previous "lakes" person saved. I understand your position on this stormwater facility. I have reviewed several saved emails from discussions over the last 10 years. I know Mr Jeff Wolf's name was on several and I think your name was on a few also. It seems every email from the city on this subject has the same tone... it's your lake, it's your problem. Since I didn't agree with that position, I emailed the Mayor. I met the mayor a couple years ago while dealing with some criminal activity at one of our parks. 2 During my investigation into why Ponce currently looks like a swamp, I interviewed a couple of the homeowners that have lived on Lake Ponce for several years. They would definitely not agree with your statement .... "however it is highly unlikely that any significant amount of sediments have been transported into the facility in the last 5 to 10 years". Like I stated, I do not have the personal history. I will get a committee of Ponce homeowners together and gather all of the facts. We will provide a rebuttal when complete. Again, thanks { On Fri, Oct 5, 2012 at 3:02 PM, William Appleton<William.Appleton@cityoffederalway.com> wrote: Mr. Darcey, I am writing to you in response to your email to Mayor Priest concerning sediment buildup in Lake Ponce. Since the Surface Water Management Division of Public works is responsible for operating and maintaining all public stormwater infrastructure within the City, I would like to address the concerns you pointed out. Lake Ponce was constructed to provide both flow control and water quality for the Twin Lakes No. 1 development and is a private stormwater facility that functions to serve the stormwater needs of approximately 100 residents with the HOA and the associated streets. The facility also has been used as an aesthetic water feature for a private park. As such, the HOA is and has been responsible for the maintenance and upkeep of the facility since its completion in 1965, as planned for in the original development. Flows from the drainage area upstream of the Twin Lakes No. 1 development are routed through Lake Ponce as a result of the original design; however it is highly unlikely that any significant amount of sediments have been transported into the facility in the last 5 to 10 years for several reasons: firstly, the drainage basin (attached) has been fully built out for more than 30-years and more than half the contributing area flows to the SW 340th Street Regional Infiltration Facility which significantly reduces the amount of stormwater being conveyed downstream; and secondly, Surface Water Management implements a catchbasin cleaning program annually to remove sediment and/or debris from the conveyance system (The system upstream of Lake Ponce was cleaned as recently as 2011). Additionally, in 2007, the City installed a stormwater vault to provide pretreatment upstream of Lake Ponce, further enhancing the removal of sediments and floatables. In summary, the City has and continues to maintain our system as required by our National Pollutant Discharge and Elimination System (NPDES) Permit. With respect to the stormwater outfall and inflow elements of Lake Ponce, in 2003, SWM replaced a section of the inlet trunk at the outfall of Lake Ponce and removed loose rock and some sediments 3 from the channel to facilitate th .ork. Additional channel/outlet wo 'as performed in 2005 and 2006 primarily to remove rock that had fallen into the channel. In 2007, the City replaced a section ': of stormwater trunk line up to and including the outfall pipe into Lake Ponce. As part of this work, it was documented that sediment was removed from the Lake to help facilitate the work, but only enough to facilitate the completion of the replacement project. In all cases where maintenance work on City owned infrastructure was performed, material (including some sediment) was removed, and not left behind. It is clear that Lake Ponce has experienced sediment buildup over the last 40+ years, and that a lack of sediment management over that time period has gotten the facility to this point. The City has been and will continue to be diligent with respect to maintaining the public stormwater system; however, the use of SWM fees for the maintenance of private facilities is prohibited, as it would constitute a gift of public funds. SWM will continue to provide technical guidance in support of the HOA's efforts to maintain the stormwater facility, but the responsibility to perform the work lies with the HOA. If I can be of any further assistance or if you wish to meet onsite, please do not hesitate to email or call me at (253) 835-2750. Respectfully, William Appleton Surface Water Manager 4 City of Federal Way Wetland Inventory Field Form Wetland Number /3-2/' a 3—/2- 1/4 Sect/Twn/RngA e g/ 3 Location (address/cross-streets) ZG q&e SW 323`14ST Team Members inn'? /14 F Date Field Check: /D.ZG•'1 Base Map#: D-- Windshield Access/Site Access�)Site Not Accessed FIELD DATA Cowardin Class Dominant Spp % total WL Pfi 7o� . � A pow 9570 4- Notable Wildlife Features /Jo Snags:#'s 26" Z12" Z24" Heights: Ida to? Inlet present:® N;width-4" flow:Y N/ Outlet present:0N;width 6 flow:Y I� None Observed None Observed 75- s i q pr� Water Sources Y/N ., stream ulvert: diam 2 /, sheet flow floodplain seeps Human Disturbances: /Qwh 0.4 /v. Fr+ At/Lay tut tie-- L ei'i, lac F, itaS- Buffer Conditions: (9446.1,fl `I"`35 '1" 5.,as'7 rack) /Q,'' 4))Gc'''Le 1 OFFICE DATA NRCS Soil Unit: 444 WL Rating - ' Shit Gut- 1144,,uk_ Approximate Size: pA.a 00 io soo - 1 -12o>e Z/6 500 tos 2,500 sq.ft - e s 2 acre z2,500 sf, s ,/2 acre owerao k 1/2 acre,s 1 acre >5 acre COMMENTS/OBSERVATIONS ina/fi*J5 x n n M at) o CoN N 'a M C r al coE 71 o nr o t. W U- c nr c a j `m m m 4) o m a N > 3 c c ; c rn m r r m o r o m 0 K u. LL W W LL J d S ' Q N Z iZ = ill 111111Ca e 941 u� .f a °e ga c ' e g u ° 1 u :° iG- e l CA cy M S`m L tl L; s C =tc ref 413) d 3 V Ae . r'J i ) A.' Z o N H Xi co to T �c��SaJ2 J L I \ A r--err .06 0 -,e0 d n - �� t-r e.,``0 -.� S Qv 1 i l R" 0r c'V C 1 ) O O L ) jp f