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17-103920CITY Of A" I My i�edera mus"MISIM FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Fei Tang Emailed: it offeFei.Tan cderalwa �.Com S@ Project Engineer City of Federal Way Public Works Department 33325 8h Avenue South Federal Way, WA 98003 RE: File #17-103920-00-AD; PARTIAL EXEMPTION A.PPROVAL Lakota Creek Debris Clean Up, 3203 SW Dash of Road, Federal Way The Community Development Department is in receipt of your August 15, 2017, partial exemption request to work within a critical area. The City of Federal Way Public Works Department proposes to remove mudslide debris and rehabilitate Lakota Creek. The proposal will remove approximately 40 cub yards of debris and a section of damaged guard-rail from the stream channel. On March 21, 2017, a landslide event (originating across the street) deposited mud, organics, and a guardrail from SW Dash Point Road. The event deposited a large earth mound on the west bank of Lakota Creek, resulting in a stream channel intrusion. Accordingly, the debris redirected the natural stream flow in Lakota Creek against a portion of the roadway embankment. I not alter the location, dimensions or size of the critical area or buffer and does not reduce the quality of the functions of the critical area or buffer pursuant to Federal Way Revised Code (FWRQ 19.145.120.5 'Partial exemption." The proposed activity will remove non-native debris and soils and restore the natural stream flow while protecting a roadway. Removing debris will maintain the effectiveness of the stream channel and protect Dash Point Road from further erosion and asphalt deposits into Lakota Creek. The Community Development Department hereby conditionally approves the debris removal request., based on the conditions noted below. 1-11 1. It is recommended that the construction timeframe be late August to early September to work within lowest stream flow rates. Per the Washington Department of Fish and Wildlife Hydraulic Project Approval (HPA) issued August 23, 2017, all work shall be completed by September 30, 2017. 2. The applicant shall comply with Washington Department of Fish and Wildlife HPA approval conditions I to 12. T ffo—M-737777 Environmen Mr. Tang August 23, 2017 Page 2 3. Please • Development Services Manager • Elliott at 253-835-2730 prior to the start • • to discuss erosion control and when the project is completed • •. inspection. Ilease contact Leila TT TilougYT6y-TaKe7,�'—X7TC=E? @cityoffederalway.com if you have any questions • this decision. Sincerely, Brian Davis Community Development Director c: Theresa Thurlow, Surface Water Manager enc: Approved Clean Up Vicinity Map 17-103920-00-A,D Doc, LD, 76407 Leila • •-Oakes From: Fei Tang Sent: Wednesday, August 23, 2017 8:46 AM To: Leila Willoughby -Oakes Subject: RE: Lakota Creek- Work in a Critical Area Request Attachments: HPA 2017-4-604+01 for APP ID 12335.pdf; output.docx Hi Leila, Both HPA application and approved HPA permit are attached — I am not familiar with where in G drive to put these files. Please let me know if you need additional information. Thank you for your help! Fei Tang, P.E. SWM Project Engineer X 2751 From: Leila Willoughby -Oakes Sent: Monday, August 21, 2017 11:08 AM To: Fei Tang Subject: Lakota Creek- Work in a Critical Area Request Morning Fei! I've just received the PW partial exemption request to perform work in a stream. Do you have any supporting documentation you can put on the G Drive for me (i.e. particularly an issued HPA or plans or emails from SWM staff) for the planning file? The permit file number is 17-103920-00-AD. If you could provide a description of the work in terms of human activity for the decision on how the debris will be removed that would be great as well (i.e. mitigation). Kind regards, Leila L. Willoughby -Oakes Associate Planner ...._Federal Way 33325 8'h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 ww " ypffe aralw y„com CITY • F&Oeral Vv�y mffl�� Robert Hansen, Planning-1,Tfanager City of -• Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Community Development Department 33325 8t" Ave S Federal Way, WA 98003 Re: SEPA Exemption and Critical Area Code — Lakota Creek Debris Clean Up Project exempt from SEPA threshold determination and whether the project coula oe exempt Trorn Me Environmentally Critical Areas code. The project is described below. I The project proposes to remove approximately 40 cubic yards • debris and a section of damaged guardrail • • Creek. Deposition of mud, organics, and a guardrail from the road was caused • landslide event that occurred on March 21, 2017. The debris was deposited in a large mound on the we bank of Lakota Creek (see attached project vicinity map and picture), which has resulted in a channel intrusion and has redirected the flow of the stream against a portion of the roadway embankment. Removing this debris would restore stream flow and protect the roadway. The guardrail was deposited diagonally across the stream between the debris mound and approximately 160 feet upstream from the debris mound. Removal of the guardrail would prevent leaching of zinc into the stream and alleviate th possibility of a dam developing at this location. I �Iivipivi I "The following activities shall be categorically exempt: The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, recreation, and transportation facilities involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or M�; — qRMMT3NF1?! 'V�Nwmf or mooring buoys, or minor repair, alteration, or maintenance of docks). The following maintenance activities shall not be considered exempt under this subsection: (a) Dredging of over fifty cubic yards of material;" SEPA and Critical Area Code August 14, 2017 Page 2 of 2 . . . . . Xublic facilities. Althouoh it is in part on lands that are covered by water, it is a minor repair work involving removal of less than 50 cubic yards of material. In accordance WAC 197-11-800 (3), this project is exempt from SEPA threshold determination. The project should also be exempt from the city's Environmentally Critical Areas code for the following reason: sirvice-its are exemi)t from the provisions of this chapter... (2) Operation, maintenance, or repair of existing public improvements, utilities, public or private roads, parks, trails, or drainage systems if the activity does not further alter or increase impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a, result of the proposed operation, maintenance, or repair, and no new clearing of native vegetation beyond routine pruning." 11 tVe criteria in this code section therefore should Please provide your deterrainatilon as early as possible. We are working on applying for an FIPA permit i from the $* Departinetitof Pish and W'ildfii�. We need to ow whether the project can be exempt for SEPA de"Tfina�iOn �before we can submit th6 HPA application. Fei Tang, P.E. SWM Project Engineer CC: Theresa Thurlow, P.E. SWM Manager Project File Day File S:\Engineering\Maintenance Support\Dash Point Rd Mud Silde\Road stabilization & Creek Restoration\Design\Approvals (thru Bid)\Permits\City\Cover Letter—Lakota Creek RECEIVED AUG 15 2011 CaY OF FEDERAL WAY REQUEST FOR ADMINISTRATIvE DECISION COMMUNITY DEVELOPMENT DEPARTMENT CITY OF COMMUNrTY DEVELOPMENT 33325 8 1h Avenue South Federal Way Federal Way, WA 9800 253-835-2607; Fax 253-835-2609 AAAsit 1�`ederaliva .coin A.0 . . . . ........... . FILE NUMBER I -r — Date Applicant NAME PRHIARY PHONE Fei Tang 253-835-2751 BUSHUM/ORGARIZATION ALTERNATE PHONE City of Federal Way, Public Works Department MAILING ADDREW 33325 8th Ave S fei.tang@cityoffederalway.com CITY ikr�zfp FAX 253-835-2709 Federal Way WA 1 98003 1 Property Address/Location The project is located in Lakota Creek on the west side of SW Dash Point Road, approximately 1,500 ft south of the intersection between SWrn Dash Point Road and 30th Ave S. Description of Request The project proposes to remove approximately 40 cubic yards of debris and a section of damaged guardrail from Lakota Creek. Deposition of mud, organics, and a guardrail from the road was caused by a landslide event that occurred on March 21, 2017. The debris was deposited in a large mound on the west bank of Lakota Creek, which has resulted in a channel intrusion and has redirected the flow of the stream against a portion of the roadway embankment. Removing this debris would restore stream flow and protect the roadway. The guardrail was deposited diagonally across the stream between the debris mound and approximately 160 feet upstream from the debris mound. Removal of the guardrail would prevent leaching of zinc into the stream and alleviate the possibility of a dam developing at this location. I List/Describe Attachments— Vicinit a Cover Letter � 1 0 1 � 44 ti'lk Z For Staff Use Code Interpretation/Clarification d No Fee Critical Areas Letter/Ana lysi s/Peer Revicu, No Fee (Actual Cwa /f Applicable) ❑ 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 11 Bulletin #079 — January 4, 2016 PaP I of I k:\Handouts\Request for Administrative Decision Washington Department of fi Fish & Wildlife 1 '00- PO Box43234 HYDRAULICPROJECT Olympia, WA 98504-3234 (360)902-2200 Issued Date: August 23, 2017 Permit Number: 2017-4-604+01 Project End Date: September 30, 2017 City of Federal Way :ATTENTION: Fei Tang 33325 8th Ave S Federal Way, WA 98003 FPA/Public Notice Number: N/A Application ID: 12335 s- r •- • •- Project Name: Lakota Creek Debris Clean Up Project Description: The project proposes to remove approximately 40 cubic yards of debris and a section of damaged guardrail from Lakota Creek. Deposition of mud, organics, and a guardrail from the road was caused by a landslide event that occurred on March 21, 2017. The debris was deposited in a large mound on the west bank of Lakota Creek (see attached project site map and picture), which has resulted in a channel intrusion and has redirected the flow of the stream against a portion of the roadway embankment. Removing this debris would restore stream flow and protect the roadway. The guardrail was deposited diagonally across the stream between the debris mound and approximately 160 feet upstream from the debris mound. Removal of the guardrail would prevent leaching of zinc into the stream and alleviate the possibility of a dam developing at this location. 1. 1. TIMING LIMITATION: You may begin the project immediately and you must complete the project by September 30, 2017. 2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and this HPA available on site during all phases of the project proposal. 3. Work shall be limited to removal of damaged guardrail and removal of the sediment deposit above the wetted perimeter and any small woody material associated with it. Large woody material (trees or tree parts larger than four inches diameter and six feet long and rootwads) shall not be removed. Any loose crushed rock that was installed during the road shoulder repair on the bank of the creek shall also be removed. 3. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. You can find additional information in the Washington Department of Fish and Wildlife°s Invasive Species Management Protocols (November 2012), available online at hftp://wdfw.wa.gov/publications/01490/wdfwOI490.pdf. NOTIFICATION REQUIREMENTS 4. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife Area Habitat Biologist listed below of the problem by calling 425-313-5683 or 425-449-6790. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Page 1 of 5 Washington Department of Fish & Wildlife HYDRAULICPROJECT PO Box43234 �•..< Olympia, WA 98504-3234 FISH �,r H FRIF} (360) 902-2200 Issued Date: August 23, 2017 Permit Number: 2017-4-604+01 Project End Date: September 30, 2017 FPA/Public Notice Number: N/A Application ID: 12335 Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. CONSTRUCTION -RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 5. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 6. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 7. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. 8. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment - laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 9. Deposit waste material from the project, such as the guardrail, excess dirt, or overburden, in an upland area above the limits of anticipated floodwater. 10. Deposit all trash from the project at an appropriate upland disposal location. DEMOBILIZATION AND CLEANUP 11. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick -establishing plant species. 12. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. LOCATION #1: , WA WORK START: August 23, 2017 WRIA 09 - Duwamish - Green 1/4 SEC: Scti 12 Wterbgd�L Lakota Creek WORK END: September 30, 2017 R n e: a itudt 21 N 03 E 47.324886 Puget Sound nraitudo: County: -122.368672 King Start at the intersection between 21 st Ave SW and SW Dash Point Rd, head west on SW bash Point Rd for approximately 3,900 ft, the project site is on your left in the creek. Page 2 of 5 Washington Department of Fish & Wildlife APPROVAL PO Box 43234 HYDRAULIC PROJECT Olympia, WA 98504-3234 { iSh' !RLDI"IFE (360)902-2200 Issued Date: August 23, 2017 Permit Number: 2017-4-604+01 Project End Date: September 30, 2017 FPA/Public Notice Number: N/A Application ID: 12335 This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person (s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requester's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. Page 3 of 5 Washington Department of Fish & Wildlife Y T v PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Issued Date: August 23, 2017 Permit Number: 2017-4-604+01 Project End Date: September 30, 2017 FPA/Public Notice Number: N/A Application ID: 12335 MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. Page 4 of 5 k Washington Department of Fish & Wildlife PO Box 43234 F`n v HYDRAULIC T APPROVAL Olympia, WA 98504-3234 TSI a ;,117LDLIFE (360)902-2200 Issued Date: August 23, 2017 Permit Number: 2017-4-604+01 Project End Date: September 30, 2017 FPA/Public Notice Number: N/A Application ID: 12335 A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Larry.Fisher@dfw.wa.gov Larry Fisher 425-313-5683 for Director WDFW