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