16-100208 (3)CompanyFirst American Title Insurance
818 Stewart St, Ste 00
Seattle, WA i
January 04, 2016
Nick Wecker
Barghausen Consulting Engineers
18215 72nd Avenue S
Kent, WA 98032
Phone: (425)251-6222
Fax: (425)251-8782
Title Officer:
Phone:
Fax No.:
E-Mail:
Order Number:
Escrow Number::>
Buyer:
Owner:
Property:
Pat Fullerton
(206)615-3055
(866)904-2177
pfullerton@firstam.com
2577428
2577428
35505 Pacific Hwy S
Federal Way, Washington 98003
Attached please find the following item(s):
MAR 2 5 2016
CITY OF FEDERAL WAY
OOS
Guarantee
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First!
Form 5003353 (7-1-14) � Page 1 of 10
I
Number: 2577428
CLTA #14 Subdivision
ISS11 ED BT
First American Title Insurance Company
GUARANTEE NUMBER
5003353-2577428
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS
GUARANTEE,
a Nebraska corporation, herein called the Company
GUARANTEES
Barghausen Consulting Engineers
N!YA g-nmal IRS) RI-1 lVA1014011 V-141111,;NNZ 11Zq 11QraM*111Pl 114( Q$
First American Thke Insurance Company
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JetfreV S. Robinson
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This jacket was created electronically and constitutes an original document
Form 5003353 (7-1-14) lPage 2 of 10 Guarantee Number: 2577428
CLTA #14 Subdivision Guarantee (4-
Wash
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
(a) Defects, liens, encumbrances, adverse claims or other matters
Schedule A of this Guarantee, the Company assumes no
affecting the title to any property beyond the lines of the land
liability for loss or damage by reason of the following:
expressly described in the description set forth in Schedule (A),
(a) Defects, liens, encumbrances, adverse claims or other
(C) or in Part 2 of this Guarantee, or title to streets, roads,
matters against the title, whether or not shown by the
avenues, lanes, ways or waterways to which such land abuts,
public records.
or the right to maintain therein vaults, tunnels, ramps or any
(b) (1) Taxes or assessments of any taxing authority that
structure or improvements; or any rights or easements therein,
levies taxes or assessments on real properly; or, (2)
unless such property, rights or easements are expressly and
Proceedings by a public agency which may result in taxes
specifically set forth in said description.
or assessments, or notices of such proceedings, whether
(b) Defects, liens, encumbrances, adverse claims or other matters,
or not the matters excluded under (1) or (2) are shown
whether or not shown by the public records; (1) which are
by the records of the taxing authority or by the public
created, suffered, assumed or agreed to by one or more of the
records.
Assureds; (2) which result in no loss to the Assured; or (3)
(c) (1) Unpatented mining claims; (2) reservations or
which do not result in the invalidity or potential invalidity of
exceptions in patents or in Acts authorizing the issuance
any judicial or non -judicial proceeding which is within the
thereof; (3) water rights, claims or title to water,
scope and purpose of the assurances provided.
whether or not the matters excluded under (1), (2) or
(c) The identity of any party shown or referred to in Schedule A.
(3) are shown by the public records.
(d) The validity, legal effect or priority of any matter shown or
2. Notwithstanding any specific assurances which are provided
referred to in this Guarantee.
in Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
4. Company's Option to Defend or Prosecute Actions; Duty of
The following terms when used in the Guarantee mean:
Assured Claimant to Cooperate.
(a) the "Assured": the party or parties named as the
Even though the Company has no duty to defend or prosecute as
\
Assured in this Guarantee, or on a supplemental writing
set forth in Paragraph 3 above:
executed by the Company.
(a) The Company shall have the right, at its sole option and cost,
(b) "land": the land described or referred to in Schedule
to institute and prosecute any action or proceeding, interpose
(A)(C) or in Part 2, and improvements affixed thereto
a defense, as limited in (b), or to do any other act which in its
which by law constitute real property. The term "land"
opinion may be necessary or desirable to establish the title to
does not include any property beyond the lines of the
the estate or interest as stated herein, or to establish the lien
area described or referred to in Schedule (A)(C) or in
rights of the Assured, or to prevent or reduce loss or damage
Part 2, nor any right, title, interest, estate or easement in
to the Assured. The Company may take any appropriate action
abutting streets, roads, avenues, alleys, lanes, ways or
under the terms of this Guarantee, whether or not it shall be
waterways.
liable hereunder, and shall not thereby concede liability or
(c) "mortgage": mortgage, deed of trust, trust deed, or
waive any provision of this Guarantee. If the Company shall
other security instrument.
exercise its rights under this paragraph, it shall do so diligently.
(d) "public records": records established under state
(b) If the Company elects to exercise its options as stated in
statutes at Date of Guarantee for the purpose of
Paragraph 4(a) the Company shall have the right to select
imparting constructive notice of matters relating to real
counsel of its choice (subject to the right of such Assured to
property to purchasers for value and without knowledge.
object for reasonable cause) to represent the Assured and shall
(e) "date": the effective date.
not be liable for and will not pay the fees of any other counsel,
2. Notice of Claim to be Given by Assured Claimant.
nor will the Company pay any fees, costs or expenses incurred
An Assured shall notify the Company promptly in writing in
by an Assured in the defense of those causes of action which
case knowledge shall come to an Assured hereunder of any
allege matters not covered by this Guarantee.
claim of title or interest which is adverse to the title to the
(c) Whenever the Company shall have brought an action or
estate or interest, as stated herein, and which might cause
interposed a defense as permitted by the provisions of this
loss or damage for which the Company may be liable by
Guarantee, the Company may pursue any litigation to final
virtue of this Guarantee. If prompt notice shall not be given
determination by a court of competent jurisdiction and
to the Company, then all liability of the Company shall
expressly reserves the right, in its sole discretion, to appeal
terminate with regard to the matter or matters for which
from an adverse judgment or order.
prompt notice is required; provided, however, that failure to
(d) In all cases where this Guarantee permits the Company to
notify the Company shall in no case prejudice the rights of
prosecute or provide for the defense of any action or
any Assured unless the Company shall be prejudiced by the
proceeding, an Assured shall secure to the Company the right
failure and then only to the extent of the prejudice.
to so prosecute or provide for the defense of any action or
3. No Duty to Defend or Prosecute.
proceeding, and all appeals therein, and permit the Company
The Company shall have no duty to defend or prosecute any
to use, at its option, the name of such Assured for this
action or proceeding to which the Assured is a party,
purpose. Whenever requested by the Company, an Assured,
notwithstanding the nature of any allegation in such action or
at the Company's expense, shall give the Company all
proceeding.
7428 r' CLTA #14 Subdivision Guarantee (4-10-
Washing
Form 5003353 (7 1 14) Page 3 of 10 (Guarantee Number. 257
reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending
the action or lawful act which in the opinion of the
Company may be necessary or desirable to establish the
title to the estate or interest as stated herein, or to
establish the lien rights of the Assured. If the Company
is prejudiced by the failure of the Assured to furnish the
required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
S. Proof of Loss or Damage.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
6. Options to Pay or Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reasonable
attorneys' fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has
been given to the Company by the Assured the Company
offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness,
together with any collateral security, to the Company upon
payment of the purchase price.
Upon the exercise by the Company of the option provided for
in Paragraph (a) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has
exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name
of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and
expenses incurred by the Assured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for
in Paragraph (b) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
pro'section of any litigation for which the Company has
exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary
loss or damage sustained or incurred by the Assured claimant who
has suffered loss or damage by reason of reliance upon the
assurances set forth in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage of This
Guarantee.
The liability of the Company under this Guarantee to the Assured
shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by
the mortgage of an Assured mortgagee, as limited or provided
under Section 6 of these Conditions and Stipulations or as
reduced under Section 9 of these Conditions and Stipulations,
at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the estate or
interest subject to any defect, lien or encumbrance assured
against by this Guarantee.
S. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures any other matter assured
against by this Guarantee in a reasonably diligent manner by
Form 5003353 (7-1-14) 1 iPage 4 of 10
Number: 2577428
CLTA #14 Subdivision Guarantee (4-10-
any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be
liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the
Company, the Assured shall transfer to the Company all rights
and remedies against any person or property necessary in
order to perfect this right of subrogation. The Assured shall
permit the Company to sue, compromise or settle in the name
of the Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the
Assured may demand arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association. Arbitrable
matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or
relating to this Guarantee, any service of the Company in
connection with its issuance or the breach of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of
Liability is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Assured. All arbitrable matters when the
amount of liability is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The Rules
in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state
in which the land is located permits a court to award attorneys' fees
to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. Liability Limited to This Guarantee; Guarantee Entire
Contract.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this Guarantee
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be
made except by a writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary,
an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the
number of this Guarantee and shall be addressed to the Company
at First American Title Insurance Company, Attn: Claims
National Intake Center, 1 First American Way, Santa Ana,
California 92707 Clairns.NIC fit tam. om;Phone: 888-632-
1642 Fax: 877-804-7606
RL S 11 A E R I C
-
Form 5003353 (7-1-14)
Subdivision Guarantee
FirstAmerican
ISSUED BY
First American Title Insurance Company
Schedule A
GUARANTEE NUMBER
2772
Order No.: 2577428 Liability: $2,000.00 Fee: $350.00
Tax: $33.60
Name of Assured: Barghausen Consulting Engineers
Date of Guarantee: December 28, 2015
The assurances referred to on the face page hereof are:
1. Title is vested in:
CLERGET EVERGREEN LIMITED PARTNERSHIP, A WASHINGTON LIMITED PARTNERSHIP
2. That, according to the public records relative to the land described in Schedule C attached hereto
(including those records maintained and indexed by name), there are no other documents
affecting title to said land or any portion thereof, other than those shown under Record Matters
in Schedule B.
3. The following matters are excluded from the coverage of this Guarantee
A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing
the issuance thereof.
B. Water rights, claims or title to water.
C. Tax Deeds to the State of Washington.
D. Documents pertaining to mineral estates.
4: No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of
any matter shown herein.
5„. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence
as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W.,
and the local regulations and ordinances adopted pursuant to said statute. It is not to be used
as a basis for closing any transaction affecting title to said property.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment,
guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises
and First American expressly disclaims any liability which may result from reliance made upon it.
Form 3 7-1-14 Pa e 6 of 10 Gua —„umber: 2577428 Cm 5)�
LTA #14 Subdivision Guarantee (4-10-75}
Washington]
500335 rantee
Subdivision Guarantee
FiAmerican
'
ISSUED BY
First American Title Insurance Company
Schedule B
GUARANTEE NUMBER
2772
il+tEC9912 ICJ# ERA
1. Taxes which may be assessed and extended on any subsequent roll for the tax year 2015, with
respect to new improvements and the first occupancy which may be included on the regular
assessment roll and which are an accruing lien not yet due or payable.
2. Liability for any off record assessments, if any.
1 Facility Charges, if any, including but not limited to hook-up, or connection charges and
latecomer charges for sewer, water and public facilities of Federal Way Water and Sewer
District as disclosed by instrument recorded under recording no. 8608041129 and 8905120210.
4. Easement, including terms and provisions contained therein:
Recording Information: 7404230479
In Favor of: Puget Sound Power & Light Company, a Washington
corporation
For: Wire overhang
The Grantee's interest was assigned to the State of Washington by instrument recorded under
Recording Number 8207290576.
5. An easement reserved in a deed, including the terms and conditions thereof:
Reserved By: Northwest Junction Properties, a Joint Venture consisting of
James H. White and Susan E. White, husband and wife; and
James M. Randahl and Susan A. Randahl, husband and wife
For: Ingress and egress
Recorded: May 28, 1976
Recording Information: 7605280243
6. Easement, including terms and provisions contained therein:
Recording Information: 8510311008
In Favor of: Lakehaven Sewer District
For: Sewer mains with the necessary appurtenances
7. Easement, including terms and provisions contained therein:
Recording Information: 8512200564
In Favor of: Lakehaven Sewer District, a municipal corporation
For: Sewer mains with the necessary appurtenances
8. Easement, including terms and provisions contained therein:
Recording Information: 9001181206
In Favor of: Pacific Northwest Bell Telephone Company
For: Underground communication lines and manholes and conduits
( �) g � � � � LTA #14 Subdivision Guarantee
Form 5003353 7-1-14 Page of 10 Guarantee Number:2577428 C
9. Right to make necessary slopes for cuts or fills upon said premises for South 356th Street as
granted by deed recorded April 5, 1991 under recording nos. 9104051109, 9104051110,
9104051111,9104051112 and 9104051113.
Assignment of interest to the City of Federal Way, recorded under Recording Number
9210010327.
10. Easement, including terms and provisions contained therein:
Recording Information: 9104051121, 9104051122, 9104051123, 9104051124 and
9104051125
In Favor of: King County
For: Slopes and utilities
Assignment of interest to the City of Federal Way, recorded under Recording Number
9210010327.
11. Agreement and the terms and conditions thereof:
Between: Federal Way Water and Sewer District
And: Federal Way Community Center
Recording Information: 9106240811
12. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the
face of Survey Job No. 4391 recorded in King County, Washington as Instrument No.
20051114900006, including but not limited to the following matters:
(A) Gravel Drive Encroaches
13. The terms and provisions contained in the document entitled "Right of Entry Agreement"
Recorded: July 12, 2007
Recording No.: 20070712002433
Said instrument is a re-recording of instrument recorded under Recording Number
20070705000559.
14. The terms and provisions contained in the document entitled "Right Of Entry"
Recorded: September 25, 2007
Recording No.: 20070925001770
15. Easement, including terms and provisions contained therein:
Recorded: April 22, 2009
Recording Information: 20090422001838
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric transmission and/or distribution system
16. Easement, including terms and provisions contained therein:
Recording Information: 20131224000787
In Favor of: Brooklake Community Center
For: Access and Utilities Easement
17. Easement, including terms and provisions contained therein:
Recording Information: 20131224000788
In Favor of: Brooklake Community Center
For: Access and Utilities Easement
Fwas0-
orm 5003353 (7 1w14) (Page 8 of 10 Guarantee Number. 2577428 � CLTA #14 Subdivision Guarantee (4
Informational Notes, if any
A. General taxes for the year 2015, which have been paid.
Tax Account No.: 292104912707
Code Area: 1205
Amount: $ 16,880.34
Assessed Land Value: $ 1,188,800.00
Assessed Improvement Value: $ 0.00
(7-1-14) jPage 9 of 10 IGuarantee Number: 2577428 CLTA #14 Subdivision Guarantee (4-10-
Subdivision Guarantee
First American
ISSUED BY
First American Title Insurance Company
Schedule C
- GUARANTEE NUMBER
12577428
The land in the County of King, State of Washington, described as follows:
THAT PORTION OF THE SOUTHERLY 415.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON;
EXCEPT THE NORTH 30 FEET THEREOF, AS CONTAINED IN FULFILLMENT DEEDS UNDER RECORDING
NUMBERS 8905181096 AND 8905181102;
AND EXCEPT THAT PORTION LYING SOUTHERLY AND SOUTHEASTERLY OF THE NORTHERLY LINE OF
SOUTH 356TH STREET AND EAST OF THE WEST LINE OF PACIFIC HIGHWAY SOUTH (SR 99), AS
DESCRIBED IN DEEDS RECORDED UNDER RECORDING NUMBERS 669248 AND 1778238,
RESPECTIVELY;
AND EXCEPT THAT PORTION CONDEMNED FOR HIGHWAY PURPOSES IN SUPERIOR COURT CAUSE
NUMBER 81-2-05952-0;
AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS
RECORDED UNDER RECORDING NUMBERS 9104051109, 9104051110, 9104051111, 9104051112 AND
9104051113;
AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF FEDERAL WAY FOR RIGHT OF WAY, BY DEED
RECORDED UNDER RECORDING NUMBER 20070705000558 AND RE -RECORDED UNDER RECORDING
NUMBER 20070712002432, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 29;
THENCE ALONG THE NORTH LINE OF SAID SUBDIVISION, NORTH 88°32'26" WEST 1581.01 FEET TO
THE MONUMENTED CENTERLINE OF PACIFIC HIGHWAY SOUTH (SR99);
THENCE ALONG SAID CENTERLINE, SOUTH 22°47'51" WEST, 963.50 FEET TO A MONUMENT IN A STEEL
CASING, BEING A NAIL SET IN CONCRETE AT THE CENTERLINE OF SAID PACIFIC HIGHWAY SOUTH;
THENCE CONTINUING ALONG SAID CENTERLINE, SOUTH 22°48'31" WEST, 48.33 FEET TO THE SOUTH
LINE OF THE NORTH 30 FEET OF SAID SOUTHERLY 415 FEET;
THENCE ALONG SAID SOUTH LINE, NORTH 88°32'11" WEST, 53.68 FEET TO THE WESTERLY MARGIN
OF SAID PACIFIC HIGHWAY SOUTH AND THE TRUE POINT OF BEGINNING OF THIS LINE DESCRIPTION;
THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 88032'06" WEST, 12.88 FEET TO A POINT
62.00 FEET WESTERLY, AS MEASURED AT RIGHT ANGLES, TO THE CENTERLINE OF SAID PACIFIC
HIGHWAY SOUTH;
THENCE PARALLEL WITH SAID CENTERLINE, SOUTH 22048'31" WEST, 186,92 FEET TO A POINT ON
THE WESTERLY LINE OF THAT DEED RECORDED UNDER KING COUNTY RECORDING NUMBER
20070712002432 AND THE TERMINUS OF THIS LINE DESCRIPTION.
TOGETHER WITH THE RIGHT OF ENTRY OVER A PORTION OF THE ADJOINING PROPERTY, SUBJECT TO
THE TERMS AND CONDITIONS THEREOF CONTAINED IN INSTRUMENT RECORDED UNDER KING
COUNTY RECORDING NUMBER 20070925001770.
Form 5003353 (7 1-14) (Page 10 of 10 ®m Guarantee Number: 2577428 CLTA #14 Subdivision Guarantee (4-10-7
CnIRNCROSS6HE!-1 PE L VA NN
524 2nd Ave,.Suite 500
Seattle WA 98104
wwwcairncro5s.com
ATTORNEYS %T -'A'
office 206 587 0700
fax 206 587 2308
VIA U.S. MAIL AND E-MAIL
Stacey Welsh, AICP
Senior Planner
City of Federal Way
Develooment Department
33325 8" Avenue South
Federal Way, WA 98003-6325
stacev.Nvelsli,64�6W,f
R e: Files 416-100208-00-UP & 16-100209-00-SE
Arco Facility, 35505 Pacific Highway South, Federal Way
Response to Technical Comment #8
Q
6
711i �� ,�Mll
CITY OF FEDERAL WAY
CDS
This firin represents Triple B Pac. Hwy, Inc. (the "Applicant") regarding the proposed
construction of a 3,180 square foot gas station/mini-mart with a 4,408 square foot canopy over 8 multi-
product dispensers and 2 underground storage tanks, and a 1,152 square foot car wash (the "Project") at
35505 Pacific Highway South, in Federal Way, Washington (the "Site"). This letter is being sent in
response to technical comments in your February 11, 2016 letter to Mr. Nick Weeker of BarghauseP
Consulting Engineers Inc. ("Comment Letter").
The Comment Letter at technical comment 18 states that the City has accepted the June 25, 201
wetland report from Sewall Wetland Consulting Inc. ("Sewall Reportalong with its conclusion tha. t
Category III wetland exists in the north -central portion of the Site. The Comment Letter then requir
the Applicant to make several changes to application materials, including updating the Sewall Repol
survey drawings to show the alleged Category III Wetland.
For several important reasons described below, the Applicant objects to the conclusion that a
Reportall of the
Category III wetland exists on the Site. With the notable exception of the Sewall ,
wetland experts who have evaluated the Site over the years have determined that there are no wetlands
on the Site, including specifically the topographic low area in the north -central portion of the Site. Based
upon the strength and uniformity of the prior reports, the Applicant requests that the City conclude that
Direct: (206) 254-4418
(03069781.DOCX;2
I
Stacey Welsh, AICP
March 25, 2016
Page 2
the Site does not contain a wetland. Alternatively, the Applicant requests that the City continue
processing the Project submittal documents while an objective and final wetland determination can be
made by a neutral third -party reviewer.
The 2001 Raedeke & Associates Revised Wetland Addendum Found No Wetland on the Site.
In 2001, Raedeke & Associates prepared a Revised Wetland Addendum ("Raedeke Report"),'
which evaluated the north -central portion of the Site for the presence of wetlands. The Report concludes
that the area contained no wetlands. The Raedeke Report was prepared for the development of the
storage facility property (the Western Pacific Property 2) immediately north of the Site. Section 3.2.1 of
the Raedeke Report identified the existence of a topographical low near the north -central portion of the
Site, however, nothing in the Raedeke Report indicates that the topographic low area contained
substantial amounts of water as of 200 1.
After evaluating the vegetative community in the area, the Raedeke Report concludes that the
4vegetative community is not indicative of wetland conditions." Raedeke also evaluated the soils near
the topographic low area and concluded that they did not indicate wetland soil conditions. The Raedeke
the /southern boundary of thel Western Pacific Property." (Emphasis added).
The City's Peer Reviewer, the U.S. Army Corps of Engineers, and Ultimately the City itself all
Agreed with the Raedeke Report's Finding of No Wetland on the Site.
The 2001 Raedeke Report updated Raedeke's 1993 wetland evaluation for the Western Pacific
Property. The Raedeke Report states at Section 2.2 that the U.S. Anny Corps of Engineers reviewed the
wetland boundaries in the field in 1993 and agreed with Raedeke's analysis of wetlands associated with
the Western Pacific Property. The Raedeke Report also states that the City's third -party reviewer
(Sheldon and Associates, Inc.) reviewed the site in 2000 and requested the additional evaluation
provided in the Raedeke Report.
Ultimately, after evaluation by the Army Corps of Engineers, Sheldon & Associates, Inc., and
Raedeke Associates, Inc., the City accepted the experts' conclusions that no wetland existed in the
topographic low area on the Site that would require a buffer extending onto the Western Pacific -
Property. Because the City agreed that the north -central portion of the Site contained no wetland, the
City approved the construction of the storage facility on the Western Pacific Property immediately
adjacent to the north boundary of the Site and without any need for setbacks due to wetland buffer
requirements.
1 The Raedeke Report is attached as
2 The Western Pacific Property evaluated in the Raedeke Report currently consists of King County Tax Parcel Nos.
1853180010, 1853180020, and 2921049128.
f ,03069781 DOCX:2
Stacey Welsh, AICP
March 25, 2016
Page 3
In March of 2015, Wetlands & Wildlife Environmental Consulting Agreed with all prior Wctland
Experts and Found No Wetland on the Site.
In 2015, the owner of the Site hired Wetlands & Wildlife Environmental Consulting ("W&W-)
to conduct a detailed evaluation of the Site pursuant to the City's Critical Areas regulations, and
specifically to determine if any regulated critical areas are located on the Site. The W&W Critical Areas
Reconnaissance Report, dated March 20, 2015, is attached as EXbihitR ("W&W Report"). W&W made
two separate site visits. The first on February 12, 2015 and the second on March 10, 2015. The W&W
Report confirms the prior conclusions of the 2001 Raedeke Report, which was confirmed by the Army
Corps of Engineers, the City's third -party reviewer, Sheldon & Associates, and ultimately accepted by
the City—i.e., there is no wetland on the Site.
Like the prior reports, the W&W Report confirms that the low topographic area in the north -
central portion of the Site fails to contain the necessary wetland vegetation to be categorized as a
wetland. As stated in the W&W Report, a positive wetland identification under the Army Corps of
Engineers methodologies requires that more than 50 percent of the dominant species in the area are
(acultative or wetter. For the Site, however, only two out of five (40 percent) of the dominant species
are facultative or wetter.
To be sure the analysis was correct, the W&W Report also evaluated the area using t
prevalence index test. Under that test, a positive hydrophitic vegetation among the area in question
achieved if the resulting score is less than or equal to 3.0. For the area in question, the prevalence ind
is 3.37. Accordingly, the Site's topographic low area fails to meet the criteria for a positive wed
determination under both the dominance test and the prevalence index test. The W&W Report th
concludes: I
[T]he three -parameter approach to wetland determinations requires positive indicators of
hydrophytic vegetation, hydric soils, and wetland hydrology to make a determination that
an area is a regulated wetland. In this case, hydrophytic vegetation is not currently
present and was not present during all of the previous evaluations by other professional
wetland ecologists.
Based on the information gathered and reviewed for this project, it is apparent that no
regulated wetlands are located on the subject property, and that all areas which may
currently display certain wetland characteristics (soils and hydrology) were
unintentionally created by the construction of the storage facility to the north of the
subject property.
f 03069781.DOCX,2
Stacey Welsh, AICP
March 25, 2016
Page 4
The June 2015 Sewall Report is the First Time any Consultant Determined that a Wetland Exists
on the Site.
For reasons unknown to the Applicant, a few months after the March 20, 2015 W&W Report
was completed, a second wetland consultant was hired to do yet another investigation of the topographic
low area in the notth-central portion of theSite. That investigation resulted in tht June 25, 2015 Ciifiol
3
Area Report completed by Sewall W61and Cortsuftlng� Inc. ("Sewall RepoTf�) . The Scw4jI Roporl�
found that the plants in the topographic low area did meet the dominance test. This is the first time that
any wetland consultant had concluded that the low area in the north -central portion of the Site contained
a wetland. All prior evaluations of the area found that less than 50 percent of the dominant species in the
area were facultative or wetter and, consequently, the wet area in question failed to meet the criteria to
be considered a wetland under accepted methodologies.
The City's Third -Party Reviewer, Landau Associates, was Not Made Aware of the Inconsistencies
between the Sewall Report and all prior Wetland Evaluations, and Landau did not Independently
Evaluate the Site for the Presence of Wetlands.
The City requested that Landau Associates complete a peer review of the Sewall Report, but the
scope of that review was very narrow. The City's Wetland Consultant Authorization Form states that the
only documents that were provided to Landau were the Sewall Report and an ALTA survey showing the
location of the alleged wetland described in the Sewall Report. Landau did not receive the W&W
Report, the Raedeke Report, or any other information regarding the prior determinations that no wetland
exists on the Site.
In addition to the limited material provided for Landau's review, the City's Wetland Consultant
Authorization Form 4 states that Landau's task was limited to "Review[ing] the wetland delineation and
associated data for consistency with the requirements of Federal Way Revised Code (FWRC) Chapter
19.145, 'Environmentally Critical Areas."' In other words, Landau was given limited information ani
asked only to verify that the Sewall Report and its wetland delineation complied with the City's critical
area regulations.
Landau's Peer Review Technical Memorandum ("Landau Memo") is dated August 27, 2015
The Landau Memo is two pages in length and states that the purpose of the peer review "was to asse
the adequacy of the submitted documents [for the Sewall Report] for compliance with Ci
requirements ... and conformance with conventionally accepted critical areas delineation practices
[It
3 The Sewall Report is attached as Exhibit C.
4 The Un's Authorization Fonn is attached aLE
The Landau Memo is attached as Exhibit E.
(03069781.DOCX;2)
Stacey Welsh, AICP
March 25, 2016
Page 5
test. It also does not reference or acknowledge any of the prior evaluations that confirmed that the Site
contains no wetland in the area in question.
Adjacent Property Owners have been Negligently or Willfully Sending Stormwater to the
Topographic Low Area on the Site without Authorization, which has Created an Unnaturally Wet
Condition there, but those Problems are being Corrected.
Weas to haw been constructed betwe in art 007 ai�Wrcungio Mal nnmos from KK
iMap. As the W&W Report explains:
Based on all available information, it is highly likely that the extent of impervious
surfaces and significant amount of fill associated with the storage unit properftty caused
interruption in the natural historical stormwater and groundwater regime, ultimately
resulting in a significant amount of water collecting in this topographically low point
among the north -central portion of the property. In short, it is our professional opinion
that the non -regulated area which currently displays some wetland characteristics was
unintentionally created due to its landscape position in relation to the storage facility
property.
6 Kaul Report at p. 2; Comment Letter at p. 4.
Kaul Report at p. 2; Comment Letter at p. 4.
Comment Letter at p. 4.
9 Comment Letter at p. 4.
(0306978 I.DOCX;2 I
Stacey Welsh, AICP
March 25, 2016
Page 6
Pursuant to state law: "Wetlands do not include those artificial wetlands intentionally created
from nonwetland sites." RCW '36.70A.030(21) and WAC WAC 365-190-030(22) (defining the term
"wetland" or "wetlands"). Here, the water that has been sent to the Site from the storage facility and the
sump pump on the BCC property cannot create a wetland where no wetland previously existed. For
these reasons, the City should adopt the conclusions of the majority of wetland experts who have
reviewed the Site—i.e., there is no wetland on the Site.
OM=11 M I
With the exception of the Sewall Report, all wetland experts that have evaluated the Site have
determined that the low area in the north -central portion of the Site contains no wetland. Previously, the
City accepted those detenninations and issued permits for the heated storage facility. The Applican!
believes that those prior evaluations were correct. Indeed, the W&W Report confirmed as of March
2015 that the Site continues to contain no wetland.
Because only one wetland consultant, Sewall Wetland Consulting, Inc., has concluded that the
Site contains a Category III Welland, the Applicant requests that the City reevaluate the prior wetland
reports and conclusions, as well as the City's prior acceptance of those reports, along with the recent
W&W Report and conclude that no wetland exists on the Site. Alternatively, the Applicant requests that
the City continue processing the Project submittal documents while an objective and final wetland
determination can be made by a neutral third -party reviewer.
There is no reason for the City to delay processing the Applicant's submittal documents based
upon the wetland issue. As shown on the attached Exhibit G, with the limited exception of certain
stormwater management facilities that the City has authority to allow within the buffer per FWRC
1014 1
areas. Further, the City's buffer averaging provisions (FWRC 19.145.440(5)) can be utilized to assure
that no portion of the developed Site will encroach into the buffer areas. Therefore, if the City does not
agree with the attached wetland reports and conclusions described herein, then the City should continue
processing the Applicant's submittal documents while an objective and final wetland determination can
be made by a neutral third -party reviewer.
We understand the City recently purchased the BCC property to the west of the Site and that if a
final determination is made that a wetland exists on the Site, then the corresponding wetland buffer7will
limi� development adjacent Ao� thenCi ' p I e a
Ws roperty�gBecause both the Applicant and the City hav
vested interest in the outcome of the wetland determination, the Applicant asks that a neutral third -party
welland reviewer be retained so that the final determination will be free of any perceived or actual undue
influence. The Applicant agrees to work with the City to identify the appropriate neutral third -party
wetland expert.
[03069781.DOCX;2
Stacey Welsh, AICP
March 25, 2016
Page 7
Thank you for your time and consideration of this important matter. Please do not hesitate to
contact me with questions.
Very truly yours,
Randall P. Olsen
(0306978LDOCX;2)
IXAI -- I -
REVISED
V1 WETLAND ADDENDUM
Western Paciflc Property
Federal
January 23, 21
JAN 2 0 2009
CITY F FEDERAL WAY
Report To:
Title:
Project Number:
Prepared By:
Date:
5711 Northeast 63rd St,
MIMMINIMUT, MTEM
Western Pacific Property,
Federal Way, Washington
MMM"
5711 Northeast 63rd Street
Seattle, Washington 98115
(206) 525-8122
RU01111111 0 0
RAEDEKE ASSOCIATES, INC
Seattle, WA 98115
Hamm
Principals:
Kenneth J. Raedeke, Ph.D.
Certified Senior Ecologist, ESA
Dorothy A, Milligan Raedeke, M.S.
Wildlife Biologist
Project Manager
Richard W. Lundquist, M.S.
Wildlife Biologist
Current Project Personnel:
Dawn Garcia, B.S.
Wildlife and Wetland Biologist
Kristin M. Fredericks, M.S.
Fisheries Biologist
.krny Payne, B.S.
Soil Scientist
Claude McKenzie, B.A.
'Landscape Architect
Lisa C. Danielski, B.A.
Technical J Administrative Assistant
RAEDEKE ASSOCIATES, INC
5711 Northeast 63rd St.
Seattle, WA 98115
EMEM
WITMs���
This report documents the results of our recent and current field investigations of the
Western Pacific Property in Federal Way, Washington- The purpose of our 1999
investigation was to determine if there have been substantial changes in the delineated
boundary of the Hylebos 18 wetland boundary since it was delineated in 1993 by
Raedeke Associates, Inc. (1993) and approved by the U.S. Army Corps of Engineers
(OE). We also investigated off -site areas along the property boundary to assess wetland
features that could extend buffers or setbacks on the subject property. The results were
presented in an addendum report (Raedeke Associates, Inc. 1999). Based on the review
of the site and 1999 summary document, the reviewer for the city of The Federal Way,
Sheldon & Associates, Inc. (2000), requested additional information: 1) a survey of the
modified northeast boundary of the Hylebos 18 wetland, 2) a depiction of the standard
200 foot buffer on existing condition maps, 3) a delineation of the Hylebos 18 west
wetland boundary that extends west off site, to determine the location of the standard
200-foot buffer, and 4) additional information regarding a small wetland off -site to the
north to make a rating and buffer determination.
The purpose of this report is to provide the requested information in addition to the
results of our 1999 investigation. Racdeke Associates, Inc. conducted field investigations
of the Western Pacific property July 8 and September 15, 1999, November 14 and
December 14, 2000, and January 5, 2001. During the site visits, we collected general
descriptions of vegetation, soil, and hydrologic conditions to document our observations,
and extend the flagged boundary of Hylebos 18 as requested. Tables 2-10 present field
data from our 1999 investigation and Tables 11-15 provide additional observations of the
off -site wetland to the northeast.
1.2 STUDY AREA
The Western Pacific Property, approximately 17.2 acres in size, is located in the
northwest quarter of the northeast quarter of Section 29, Township 21 North, Range 4
East, W.M., in Federal Way, Washington. The site lies west of Pacific Highway South
(Highway 99), between South 356th Street and South 352nd Street (if extended).
Partially cleared, undeveloped land borders the property to the south; forested land
borders most of the northern and western portions of the site, and light commercial land
Western Pacific Property — Revised Weiland Addendum Raedeke Associates, Inc.
January 23, 2001
borders the property in the northeast and the southwest portions of the study area
(Raedeke Associates, Inc. 1993).
Flmffa�•�
Wetlands and streams are protected by federal law as well as by state and local
regulations. Federal law (Section 404 of the Clean Water Act) generally prohibits the
discharge of dredged or fill material into the nation's waters, including wetlands, without
a permit from the U.S. Army Corps of Engineers (COE 1997). The COE makes the final
determination as to whether an area meets the definition of a wetland, and thus, if it is
under their jurisdiction, and whether any permits are required for any proposed
alterations.
The COE wetland definition was used to determine if any portions of the study area could
be classified as wetland. A wetland is defined as an area "inundated or saturated by
surface or groundwater at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically adapted for life
in saturated soil conditions" (Federal Register 1986:41251).
We based our investigation upon the guidelines of the COE Wetlands Delineation
Manual (Environmental Laboratory 1987), as revised in the Washington State Wetlands
Identification and Delineation Manual published by the Washington Department of
Ecology (WDOE 1997). The WDOE wetland manual is required by state law for all local
jurisdictions (including King County), is consistent with the 1987 COE wetland
delineation manual with respect to wetland identification and delineation, and
incorporates subsequent amendments and clarifications provided by the COE (1991a,
199lb, 1992, 1994). Generally, as outlined in the 1987 wetland delineation manual,
wetlands are distinguished by three diagnostic characteristics: hydrophytic vegetation
(wetland plants), hydric soil (wetland soil), and wetland hydrology.
We used the Braun-Blanquet cover -abundance scale and plotless sampling methodology
to describe homogenous plant "cover types" in representative areas of both wetland and
uplands (Mueller-Dombois and Ellenburg 1974). The locations of additional wetland
flags placed on the site in our current studies have been surveyed by Hugh G. Goldsmith
& Associates, Inc. and plotted on an existing conditions map (Figure 1).
Western Pacific Property —Revised Wetland Addendum Raedeke Associates, Inc.
January 23, 2001
s
3
2.2 BACKGROUND
Raedeke Associates, Inc.'s staff delineated the on -site wetland area (a portion of Hylebos
19, as designated in the King County 1990 inventory; King County 1991) during field
investigations in September'1989 d March 1990. Additional hydrologic observations
were gathered in March 199 (Raedeke Associates, Inc. 1993). The wetland boundary
flags and soil pit locations were surveyed by Hugh G. Goldsmith;& Associates, Inc. Our
staff reviewed the wdtland boundaries with COE staff in the field in September 1993, and
the COE confirmed the wetland delineation as flagged in the fieldand depicted on the
survey map included in the 1993 report. The COE wetland boundary confirmation was
valid for a period of three years. In January 1997, the COE granted the applicant's
request for an extension of their confirmation of the wetland boundaries. That
confirmation expired in September 1998 In October 2000, we received a copy of the
comments from the City of Federal Way and the review memorandum by Sheldon &
Associates requesting additional information and clarification. In response to these
comments, we conducted site visits in November and December 2000, and January 2001,
to delineate the wetland boundaryfurther off -site from the west property boundary, and
investigate the off -site wetland to the northeast, as they may affect the development of
the Western Pacific property.
Western Pacific Property — Revised Wettand Addendum Raedeke Associates, Inc.
January 23, 2001
C',
3.0 EXISTING CONDITIONS
3.1 ON -SITE WETLAND (HYLEBOS 18 )
As determined from our previous investigations, the on -site wetland extends off -site to
the west and north as part of the larger Hylebos 18 wetland, which encompassed 2.14
acres on the property. Based on the revised delineation (Figure 1) the on site wetland
area now totals 2.27 acres. Drained hydric or transitional soils continue in a topographic
low trough to the southern boundary. This southerly topographic low was excluded from
the wetland boundary based on hydrologic observations in early spring of 1990 and 1993
in a series of soil logs (Raedeke Associates, Inc. 1993), and this determination was
confirmed by COE staff in 1993.
Prior to our 1999 field surveys, the approximate location of the previously confirmed
wetland boundary was re -staked in the field by Pathmann Surveying. Based on our
review of current field conditions, the current on -site wetland boundary in general
appears to be consistent with the previously approved wetland boundary. The wetland
boundary as delineated by Raedeke Associates, Inc. staff and surveyed by Goldsmith &
Associates, Inc. for our 1993 report still accurately reflects the wetland boundary, except
at the northeast end near the north property line (Figure 1). The majority of the wetland
boundary is defined by a distinct topographic break at the base of upland slopes
corresponding with a change in soil characteristics and subtle changes in vegetation, as
described in our 1993 report (Raedeke Associates, Inc. 1993).
We examined areas on either side of the boundary of the south -easternmost lobe of the
on -site wetland to describe the current conditions and compare them with previous
observations. One area was described within the south end of the wetland finger near
Soil Log 17, where the vegetation was dominated by'an overstory of red alder, with
scattered western red cedar, and a dense tall shrub layer of vine maple, with herbaceous
cover consisting of false -lily -of -the -valley, scattered skunk cabbage, water parsley, and
horsetail (Table 2, Plot E).
The soil profile for this area was generally consistent with that described previously for
Soil Log 17, with a dark organic -rich surface horizon to 9 inches, over a sandy layer to 15
inches, and a heavier silt loam layer below 15 inches. The profile was moist throughout
during our July 1999 visit, with saturation at about 15 inches. Based on our previous
investigations, this area was considered to have wetland hydrology and included within
the wetland.
This area was similar in some ways to the area described just south of the wetland finger
(outside the wetland boundary) near previous Soil Logs 11 and 12. The vegetation
consisted of an overstory of red alder and vine maple, with an herbaceous layer
Western Pacific Property — Revised Wetland Addendum Raedeke Associates, Inc.
January 23, 2001
dominated by false -lily -of -the -valley and bedstraw, including a few widely scattered
skunk cabbage (Table 3, Plot D). Thus, the vegetation was similar, but lacked two of the
herbaceous wetland plants found in Plot E to the north, and the skunk cabbage here were
smaller and more widely scattered, which was noted during our previous investigations
(Raedeke Associates, Inc. 1993).
The soil profile for this area was similar to Soil Log 11, with a black organic -rich surface
to a depth of 12 inches, over medium sand to a depth of 24 inches, over a silty clay loam
layer with mottles. No water table was encountered, although the soil was saturated
below 22 inches. Based on our early spring observations in 190 and 1993 (Soil Logs 11
and 12), this area lacked wetland hydrology and was excluded from the wetland
boundary. Our current observations are consistent with this determination, as the upper
profile was drier than within the wetland, and saturation was found at a deeper depth (22
inches).
At the northeast end of the wetland on site, approaching the north property line, we found
an area where the wetland line needed adjustment. A minor topographic rise
approximately 30 to 60 feet east of the previous survey line appears to more accurately
correspond to the current wetland boundary. We marked the revised wetland boundary,
d the flags have been surveyed by Hugh G. Goldsmith & Associates (Figure 1). Red
alder, western hemlock, and western red cedar form the canopy over vine maple, red
elderberry and salmonberry. Lady -fern, horsetail, skunk cabbage and wood-fem
comprise the herbaceous community in this area (Table 4, Plot Al).
The area just upslope of this topographic break had similar vegetation, except that skunk
cabbage and horsetails dropped out and were replaced by sword -fern (Table 5 Plot A2).
The surface soil was dry and bright (10 3/2 at 16 inches) over silty clay loam. Based
on the topographic rise and change in soil and vegetation, this upslope area lacked
sufficient characteristics to be considered wetland. The wetland line appears to continue
off -site in a northerly direction.
The wide topographic low sampled extensively in spring of 1990 and 1993 continues
south to the southern property boundary (Figure 1). This area appears to remain similar
to what it was during the previous investigations. In most areas, the vegetation was
similar to that described near the south end of the wetland (Table 3, Plot D), with a
deciduous to mixed overstory, dense tall shrub layer (mainly vine maple), and scattered
herbaceous layer. An area described within the south end of this trough near the south
property bound (old Soil Log 1) consisted of an overstory of red alder and Oregon ash,
a tall shrub layer of salmonberry with lesser cover of western crabapple, and scattered
herbaceous cover mainly consisting of false lily -of -the -valley and a few skunk cabbage
(Table 6, Plot C2).
Western Pacific Property — Revised Wetland Addendum Raedeke Associates, Inc.
January 23. 2001
0
The soil in this area consisted of a dark brown surface horizon with subsoil that included
a light brown to yellowish layer of ash or diatomaceous earth, similar to ;the profile
described at Soil Log 3 from the 1993 report. The soil profile was dry during our
September 1999 visit, in contrast to other areas observed within the wetland boundary on
the same day. This is consistent with the early spring 1990 obser�rations`in this general
vicinity (,Soil Logs 1, 2, 3 and 4). , Although the area has hydrophytic vegetation, our
current observations remain consistent with the earlier determination by our staff and the
COE that this area lacks wetland hydrology.
3.2 OFF -SITE PERIMETER
•
3.2.1 South and West Perimeter
Along the western property line, we re -flagged the wetland boundary as it continued off -
site .in a southwesterly direction. In November 2000, we continued our delineation of the
flag line using the same piny and black diagonally striped flagging as was used for the
previous delineation, Our delineation extension continued off -site in a southwesterly
direction for approximately 300 feet until we terminated it near a fenceline at the south
end of the state park property (Figure 1). We established our last wetland delineation flag
(3 S) within the West Hylebos state park, approximately 130 feet west of the Western
Pacific property line. The wetland line appears to continue to the west. The property
south of the state park (at the end of the flagline) is light industrial cleared land with
gravel parking and several trailers.
The wetland boundary tends to follow a topographic break as was observed in our
previous investigations (Raedeke Associates, Inc. 1993). Vine maple and salronberry
with lady-fe , false lily -of -the -valley and skunk cabbage grow under a canopy of red
alder, western red cedar and western hemlock (Table 7, Plot B1).
The soil in this area was moist to saturated at the surface during our September 1999, and
November and December 2000 field visits. The wetland soils are very similar to what
was described as Soil Log 19 in the 1993 delineation (Raedeke Associates, Inc. 1993). In
the adjoining upland (upslope from Plot B1), red alder, western hemlock, and western red
cedar trees provide overstory cover for salmonberry, vine maple, Indian plum, Pacific
blackberry, and sword-fem (Table, S, Plot 132).. This may be a transitional vegetative
community, but the soil is similar to the upland soil described as Soil Log 21 in 1993
(Raedeke Associates, Inc. 1993).
Western Pacific Property — Revised Weiland Addendum Raedeke Associates, Inc.
January 23, 2001
An outlet to an 18-inch culvert (under Pacific Highway South) is located just south of the
southeast comer of the property and coincides with the head of a ditch that extends
westerly along the southern property boundary. Water, when present, flows from the
outlet through the ditch for a short distance and then may flow diffusely, in a westerly
direction into a topographical low south of the site (Raedeke Associates, Inc. 1993).
The ditch drains to a topographic low dominated by a vegetative community consisting of
big -leaf maple and black cottonwood trees with common snowberry, Himalayan
blackberry and bracken-fem understory. This vegetative community is not indicative of
wetland conditions (Table 9, Plot Cl). Although we did not sample within the off -site
topographic low area, the soil along the property boundary in this location is relatively
bright (chroma above 3) with a sandy texture and was dry during our September 1999 site
visit. Based on these observations, the low area does not appear to contain a wetland area
within 100 feet of the Western Pacific Property boundary.
No wetland areas were found along the remainder of the southern boundary within at
least 100 feet of the property. An area described near the southwest comer was
representative: vegetation was dominated by red alder, a variety of tall shrubs including
salmonberry, vine maple, red elderberry, and Indian plum, and a patchy herbaceous layer
of stinging nettle and bracken- and sword-fems (Table 10, Plot C3). Soils were similar to
upland (Everett/Alderwood) soils described elsewhere on the site.
3.2.2 Northeast Off -site Wetland
Based on our reconnaissance of the northern property boundary, only one wetland feature
was observed along the boundary between the east end of Hylebos 18 and Pacific
Highway South. Our preliminary observations in 1999 indicated that the area was very
small and just off site. Based on their review of the site in 2000 for the City of Federal
Way, Sheldon & Associates, Inc. (2000) staff concurred that a wetland feature was
present, and requested additional information to determine the approximate size, rating,
distance from the property boundary, and whether it was connected to Hylebos 18. This
was to determine whether any buffer would be required on this wetland that would extend
onto the Western Pacific property. We obtained permission from the neighboring
property owner to conduct a reconnaissance of the wetland to make these determinations,
but not to delineate the boundaries or have them surveyed.
Thus, we did not conduct a formal delineation or mark the off -site boundaries or sample
plot locations with plastic flagging. Based upon further investigation in November and
December 2000, the south boundary of the wetland appears to extend to the north
boundary of the Western Pacific property, about 25 feet east of a concrete monument
along the property line (Figure 1). The wetland is an isolated depressional feature
bounded on the east by a topographic break and fill from an old dirt road and the
Western Pacific Property — Revised Wetland Addendum Raedeke Associates, Inc.
January 23, 200I
8
fillslopes of a developed area further east. No surface drainage features were evident, as
the area is bounded by upland soils and vegetation communities to the north, west, and
south. There is no evident hydrologic connection between this wetland and Hylebos 18..
The areas to the west and northwest consist of alder forest, with an understory of
salmonberry, red elderberry, Indian plum, and ferns, with non-hydric, sandy soils (Tables
11-14).
The wetland area had been cleared and logged since our 1999 field investigations. Since
the wetland was cleared of most vegetation, we noted the vegetation bordering the cleared
area, the stumps of logged trees, and leaves that remained in the wetland (Tables 14 and
15). We also used notes from our previous visit in September 1999 to identify the
vegetation that existed prior to clearing. During this September visit, we noted
an
understory of salmonberry, Pacific blackberry, red elderberry, lady -fern,, and sedge and
horsetail species as the primary vegetation, by visual observation only, Based on these
observations, the offsite wetland would likely be classified as a p lustrine, broad-leaved
deciduous, forested wetland (PFO1).
The soils in the main southern end of the wetland are a black organic muck (10YR 2/1)
over gray (2.5Y 4/2) and light olive brown (2.5Y 5/4) fine sandy loams with mottles
(Table 15). The soils were saturated at the surface from 0-3 inches and became drier with
depth during, our November and December 2000 field visits. The north end had mottled
subsoil at varying depths, but no saturation was observed (Fable 14).
Upland soils on the west edge of the wetland were bright chroma silt loams, a dark
yellowish brown (10 3/4) over dark brown and (IOYR 3/3) and brown silt loams
(Tables 11). Similar soils were recorded to the west and northwest (Tables 12 and 13).
Without flagged or surveyed boundaries, the precise area of this wetland could not be
determined. The wetland was about 15 feet wide at the south end along the Western
Pacific property boundary and appeared to be up to 25 to 30 feet wide along most of its
length. Based on soil profile observations, the lowest, wettest portion occurred within 70
feet of the Western Pacific property boundary, Extending further north, the soils had
some hydric characteristics, such as mottled subsoils, but became more transitional in
appearance across a'road area, without saturation in the upper portions. Thus, hydrology
could not be confirmed in the potential north end of the wetland area. Based on our
observations, the wetland could therefore be from 70 feet to as much as 115 feet long (in
a north -south direction). Consequently, the approximate area of the wetland appears to
total between 2,000 and 3,000 square feet.
Based on its small size and apparent single vegetation class, the off -site wetland does not
meet the criteria for a Category I or 11 wetland according to the City of Federal Way
(1999) Environmentally Sensitive Areas Ordinance. If it is smaller than 2,500 square
Western Pacific Property — Revised Wetland Addendum Raedeke Associates, Inc.
January 23, 2001
0
no buffir is r0q*04. if it is
.# greateri • 1
ilgtll i ire" ,• for this wedand along the north boundaryof
Pacific ". fi. property.
Western Paciftc Property —Revised Wettand Addendum Raedeke Associates, Inc.
January 23, 2001
co
Based on our July and September 1999 observations, the wetland boundary as delineated
during previous investigations and confirmed by the U.S. Army COB in 1993 has not
changed significantly. Except at the northeast end near the northern property boundary,
the wetland boundary is consistent with the confirmed boundary as depicted on the
topographic survey map prepared for our 1993 report. At the northeast end, the current
wetland line to extends ere than the previous line (Figure 1). The revised line has
now been surveyed, and the on -site wetland totals 2.27 acres. Although our field
observation occurred during the summer of 1999, the wide topographic low that extends
south from the delineated wetland edge appears to be in condition similar to that observed
during previous studies. Our current observations are consistent with the previous
determination to exclude this area from the approved wetland boundary
Based on a reconnaissance by visual observation only along the property boundaries, we
searched for potential wetlands within at least 100 feet of the property in response to a
request from the City of Federal Way. Except for a small offsite wetland depression
along the north property line near the northeast comer (Figure 1), no additional areas that
could meet the definition of wetland were observed along the perimeter of the site. The
wetland line along the west property boundary extends to the southwest beyond the
property.
Based on our November and December 2000 observations, the small off -site wetland
along the north property boundary in the Northeast comer of the offsite property is an
isolated depressional wetland not hydrologically connected to the Hylebos 18 wetland.
Without permission to flag the boundary and have the flags surveyed, the size of the
wetland could only be roughly approximated and appears to total between 2,000 and
3,000 square feet. Because the wetland may be greater than 2,500 square feet but less
than 10,000 square feet and has one wetland class, palustrine, forested broad-leaved
deciduous (PFO I) from observations prior to logging, it could qualify as a Category III
Wetland according to the City of Federal Way (1999) regulations. Category III wetlands
of this size typically require a 25-foot buffer. Because the offsite wetland essentially
abuts the north property boundary, a 25-foot buffer, if required, would extend into the
northern portion of the Western Pacific property.
Western Pacific Property — Revised Wetland Addendum Raedeke Associates, Inc.
January 23, 2001
We have prepared this report for the exclusive use of Logan Federal Way, Inc. and
Pacific West Development, L.L.C.. No other person or agency may rely upon the
information, analysis, or conclusions contained herein without permission from them.
The determination of ecological system classifications, functions, values, and boundaries
is an inexact science, and different individuals and agencies may reach different
conclusions. With regard to wetlands, the final determination of their boundaries for
regulatory purposes is the responsibility of the various resource agencies that regulate
development activities in wetlands. We cannot guarantee the outcome of such agency
determinations. Therefore, the conclusions of this letter should be reviewed by the
appropriate regulatory agencies prior to any construction activities.
We warrant that the work performed conforms to standards generally accepted in our
field, and was prepared substantially in accordance with then -current technical guidelines
and criteria. The conclusions of this letter represent the results of our analysis of the
information; provided by the project proponents and their consultants, together with
information gathered in the course of this study. No other warranty, expressed or
implied, is made.
Western Pacific Property — Revised Wetland Addendum Raedeke Associates, Inc.
January 23, 2001
k
Cooke, S. 1997. A field guide to common wetland plants of Western Washington and
Northwestern Oregon. Seattle Audubon Society. Seattle, Washington.
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual.
Technical Report Y-87-1, US Army Engineers Waterways Experiment Station,
Vicksburg, Mississippi. 100 pp.
Federal Way, City of. 1999. Environmentally Sensitive Areas. Ordinance No. 99-353.
Adopted November 16, 1999.
Federal Register. 1986. 40 CFR Parts 320 through 330: Regulatory programs of the
Corps of Engineers; final rule. Volume 51, No. 219, pp. 41206-41260, U.S.
Government Printing Office, Washington, D.C.
Hickman, J. 1993. The Jepson manual: higher plants of California. Univ. of Cal. Press,
1400 pp.
Hitchcock, C., and A. Cronquist. 1976. Flora of the Pacific Northwest. Univ. of
Washington Press, Seattle, Washington. 730 pp.
King County. 1991. Sensitive Areas Map Folio. King County Wetlands Inventory.
King County Environmental Division: Parks, Planning and Resources Dept.,
March, 1991.
Mueller-Dombois, D. and H. Ellenburg. 1974. Aims and methods of vegetation ecology.
John Wiley and Sons, New York. 547 .pp.
Pojar, J., and A. MacKinnon. 1994. Plants of the Pacific Northwest Coast, Washington,
Oregon, British Columbia, and Alaska. B.C. Ministry of Forests; B.C. Forest
Service; Research Program.
Raedeke Associates, Inc. 1993. Wetland Assessment of the Western Pacific Property,
Federal Way, Washington. May 3, 1993 report to International Equity (USA),
Ltd., Renton, WA. 39 pp.
Sheldon & Associates Inc. 2000. Federal Way Business Center, Review of Wetland
Assessment. October 24, 2000 memorandum to Jim Harris, City Planner, City of
Federal Way. 3 pp.
Western Pacific Property — Revised Welland Addendum Raedeke Associates, Inc.
January 23, 2001
m
U.S. Army Corps of Engineers. 1991a. Special notice. Subject: Use of the 1987
wetland delineation manual. U.S. Army Corps of Engineers, Seattle District.
August 30, 1991.
U.S. Army Corps of Engineers. 1991b. Memorandum. Subject: Questions and answers
on the 1987 manual. U.S. Army Corps of Engineers, Washington D.C. October
7, 1991. 7 pp. including cover letter by John P. Studt, Chief, Regulatory Branch.
U.S. Army Corps of Engineers. 1992. Memorandum. Subject: Clarification and
interpretation of the 1987 methodology. U.S. Army Corps of Engineers,
Washington D.C., March 26, 1992. 4 pp. Arthur E. Williams, Major General,
U.S.A. Directorate of Civil Works.
U.S. Army Corps of Engineers. 1994. Public Notice. Subject: Washington Regional
Guidance on the 1987 Wetland Delineation Manual. U.S. Corps of Engineers,
Seattle District. May 23 1994.
U.S. Army Corps of Engineers. 1997. Final regional conditions, 401 water quality
certification conditions, Coastal Zone management consistency responses, for
Nationwide permits for the Seattle District Corps of Engineers for the state of
Washington. March 5, 1997. Special Public Notice. Seattle District. 72 pp.
Washington Department of Ecology. 1997. Washington state wetland identification and
delineation manual. March 1997. Pub. no. 96-94. 88 pp. plus appendices.
Western Pacific Property — Revised Wetland Addendum Raedeke Associates, Inc.
January 23, 2001
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Scientific Namel
Common Name
WISl=
TREES
Acer circinatum
Vine maple
FAC -
Acer macrophyllum
Big -leaf maple
FACU
Alnus rubra
Red alder
FAC
Populus balsamifera
Black cottonwood
FAC
Thuja plicata
Western red cedar
FAC
Tsuga heterophydla
Western hemlock
FACU-
Acer circinatum
Vine maple
FAC-
Cornus sericea
Red -osier dogwood
FACW
Malus fiisca
Western crabapple
FACW
Oemleria cerasiformis
Indian plum
FACU
Rubus discolor
Himalayan blackberry
FACU
Rubus spectabilis
Salmonberry
FAC+
Rubus ursinus
Pacific blackberry
FACU
Sambucus racemosa
Red elderberry
FACU
Ilex aquifolium
English holly
UPL
Lonicera involucrata
Black twin -berry
FAC+
Athyrium falix femina
Lady -fern FAC
Dryopteris expansa
Wood -fern FACW
Equisetun: spp a
Horsetail FACW®
Lysichiton americanum
Skunk cabbage OBL
Western Pacific Property — Revised Wetland Addendum
Raedeke Associates, Inc.
January 23, 2001
False lil of -the -valley FAC
Maianthemum dilatatum y'
P®lystichum munitum
Sword-fem FACU
Pteridium aquillrtaaan
Bracken-fem FACU
Raedeke Associates, Inc.
Western Pacific Property — Revised Wetland Addendum
January 23, 2001
Table 2. Field survey data SE of wetland lobe, Plot E, (near Soil Log 17).
F-.
C+rrer
Duet
S
Product ofVS�
Ai'ION
index
Class
Index
Midpoint and
Value
Midpoint
Value
WIS Value
Scientific Name
-
Trees
4
62.5
3.0
187.5
Alnus rubs
3
37.5
3.3
124.9
Acer ciirtatur
1
2. 5
3.0
7.5
Thuja plicata
-
Shrubs
Herbs
4
62.5
3.0
187.5
Maianthemum dilatatum
1
2 5
2.0
5.01.0
Equisetum spp.
2.5
2.5
Lysichiton americanum
F
1 n
2.5
Weighted Mean Index: „.....,....A ...............
% of dominant species with a WIS Hydrophytic vegetation
index of 3.0 or less: ..,. ;..tawtZ7......,..,., 96 methodology)*..Yes
Veg Notes ,.................. .........
............> ,..., .,
Habitat Features .....*.,......,, .>,.. ...*...
(snags, logs, etc.
Field Date: 7/8/99 Observers: n, me Project Number: 99046-001
Table 2. Continued.
SOIL
Soil pit number JE .................. Field observations confirm mapped type? E3 Yes g No
Map Unit (Seriis/Phase) On hydric list? M Yes 13 No
Map Symbol U ... ... . ....... . .. Hydric inclusion? C3 Yes ill No
Profile: Matrix Color mottle Quantity, Mottle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
0-9 black (10YR 2/1)
organic
9-15 gray 10YR 5/1) sand
present silt loam
15+ grayish brown (10YR
512)
Soil Profile
Notes:
Hydric Soil Indicators (check):
Histosol — Aquic Moisture Regime — Concretions
— Reducing Conditions
-7 Histic Epipedon — High Organic Surface (sandy sails)—
Sulfidic Odor Gley/Low Chroma — Organic Streaking (sandy soils)
Hydric Soil Criteria Met? Z<: Yes = No
Rationale Ja I Aox-omania ...... .
HYDROLOGY Field Date: 718199
Field Observations: Recorded Data (gauge or well):
Depth of pit
Depth to saturation Notes (inlettoutlet, etc.):
Depth to free water/water table NIA ................
Inundation depth .........
Other indicators: .... . ...
Wetland Hydrology? Z Yes — No
Rationale:
..........
CLASSIFICATION
Wetland Criteria Met? Yes —. No
Classification ------
............ . ........... . .
Field Date: 7/8/99 Observers: d. me Project Number: 99046-001
Table 3. Continued.
11 ON
SOIL
Soil pit number Q...... .... _....... Field observations confirm mapped type? p Yes a No
Map Unit (Series/Phase)On hydric list? p Yes g No
Map Symbol ,Ever loam 6 15% Hydric inclusion? 13 Yes p No
Profile: Matrix Color Mottle Quantity, Mottle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
0_12 black (10YR 2t1) sandy loam
12-24 gray (10YR 5/1) sandy loam
24+ grayish brown (10YR present O silt loam
5/2)
Soil Profile
Notes:
Hydric Soil Indicators (check):
— Histosol _ Aquic Moisture Regime = Concretions
Histic Epipedon — Reducing Conditions High Organic Surface (sandy soils)
- Sulfidic Odor << Gley/Low Chroma = Organic Streaking (sandy soils)
Hydric Soil Criteria Met? $ Yes — No
Rationale
^f Anil I etrrta 11 1.............................................................I..............................
Field Date:
•-• •
•.
Depth of pit ...,, ... - .., ...,.....,...». .. ,
24 !...............................................................,.......................
, » »..., ....
Depth to saturation ?. .:.,.,,, . Notes (inlettoutlet, etc.):
Depth to free water/water table NIA ................ ��lura�te�..�t.�2:: anlYsJ.l9htly... ...........................
Inundation Inundation depth NI.E.. ......» ....»....»........».»..... » ..,..»m<, . ......
Otherindicators: .......................................................................................................................................................................................
Wetland Hydrology? —Yes g No
Rationale: l�ck.of. wt�l .tabfe.dtaC�n9. �rIX..SA.C1n9..9.�Q...1.��3d.J.ack..af..watr. po..u��er..AcafiJ.a..to.............
��ntr.Est.Wlth.other..19'�9.abmarv. U.0.5.........................................................................................».......................
CLASSIFICATION
Wetland Criteria Met? Yes - No
Classification If,i#1111.15.tlltttj.. .,.....,. ..».. ..,....,..
Field Date: 7/8/99 Observers: rl, me Project Number, 99046-001
Table 4. Field survey data, Plot Al, (inside wetland edge near northern property
boundary).
Product f
7EGETIMATION Cover ro
Index Class Index Midpoint and
Scientific Name Value Midpoint Value WIS Value
Shrubs
' A cer circinalum (sl
Weighted mean Index: ...,_J.Z .........
% of dominant species with a WIS
index of 3.0 or less.
HydrophytIc vegetation
048'7 methadolOgA*. No
Habitat Features . ...... ......
(snags, logs, etc.) . ............. .......
Field Date: 9/15/99 Observers: d, ap, Project Number: 99046-001
Table 4. Continued.
SOIL
Soil pit number Al ......... ..... _. Field observations confirm mapped type? p Yes g No
Map Unit (Series/Phase) ............ On hydric list? W-Yes p No
Map Symbol .lt..,,... ,............ . ..............-...,....,.> ,. ..W .-..... Hydric inclusion? ❑ Yes p No
Profile: Matrix Color Mottle Quantity, Mottle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
0-8 black (1®YR 2/1) silt loam
8+ silty clay loam
Soil Profile".a[gltl.dlt. IgJ9Cy.iCJyla171tliJJ,.,yOt;IOit. ....
Notes: .............
Hydric Soil Indicators (check):
- Histosol — Aquic Moisture Regime = Concretions
Histic Epipedon Reducing Conditions = High Organic Surface (sandy soils)
Sulfidic Odor ` Gley/Low Chroma = Organic Streaking (sandy soils)
Hydric Soil Criteria Met? Yes _ No
Rationale.......... ...... ...... ......... ,- .....
HYDROLOGY Field Date: 9/15/99
Field Observations: Recorded Data (gauge or well):
Depth of pit �a�::. ..,, �.. >...... .,-...,...
Depth to saturation NIA.....,... ........... ..»._.-. ...... Notes (inletioutlet, etc.):
Depth to free water/water table NIA ............... p of11...Y.DIY.mat.S>v.......................... ••••••
.................................................
Inundation depth NIA ................................................ ............
Other indicators ... ...... ............
.......
Wetland Hydrology? 6 Yes _ No
Rationale: pr,.gfiJ.a..m�iat.in.Splambs[..11Y.dIQIAgY..infarcad.fram..sail.Gh�tat�[iat�cs..�la�oG.af...............
w.aJiand.abligataa
CLASSIFICATION
Wetland Criteria Met? Z Yes ::No
Classification P..�lu;:irin�..faraat�d.,.J�rsad:laavt:d..daaidua�la..W�tland...........................................................
t
Field Date: 9/15/99 Observers: d, ap Project Number: 99046-001
Table 5. Field survey data, Plot A2, (upland near northern property boundary),-
VEG ATION Cover over WIS (Product of
Index Class Index Midpoint and
Scientific Name Value Midpoint Value WIS Value
., ice► 4 625
Weighted Mean Index: ,,,.
% of dominant species with a WIS Hydrophytic vegetation
index of 3.0 or less: , (967 methodology). No
Veg Notes d ..
HabitatFeatures .....,. .>... ........* ,........ ..,.*-.«....
(snags, logs, etc.) ...........-.�.. .».. ..�,.....
Field Date: 9/15/99 Observers: d. ap Project Number: 99046-001
Table 5. Continued.
HIL Field. .. _ ,
No
On . ■ yes Iiiii
• Unit (SeriesiPhase)
.. loam, •
Hydric inclusion? ` `. •.- No
Map Symbol
Profile:
Matrix Color
Mottle Quantity,
Mottle Color
Depth Horizon
(moist)
Slze,ContraSt
— (moist) Texture
Soil Profile M►9] sll..t�dT.xS.,tw r..x�.,x�nmw .. ..-_-.
Notes: tA+b.. w., , ... wu•.0 .r.r:.«.......
Hydric Soil Indicators (check):
- Histosol - Aquic Moisture Regime _ Concretions
- Histic Epipedon _ Reducing Conditions _ High Organic Surface (sandy soils)
- Sulfidic Odor S. Gley/Low Chroma _ Organic Streaking (sandy soils)
Hydric Soil Criteria Met? - Yes :g No
Rationale 0:(t.oil,d��d.:10.1.:.ley.f19y...Olt.ti�,.t�.l�.t�iltt��.1g0 l0 pa�10� 0.,�
kt'.ttt0.1.'� �l.»Ot�Btl�l,ll�t�,..w,......�,.� .....,.t..,...,w, ..�.......,.. .-.,,....,........ .
HYDROLOGY Field Date: 9/15/99
Field Observations:
Depth of pit .,.+
Depth to saturation NLA.....,...... Notes (inlettoutlet, etc.):
Depth to free water/water table NIA ............... ........... »..-.............w................................. ........
...»» ..
Inundation depth ..*....,..
Nl.• ..www ....
Other indicators. *....,,. ..w: ....,
Hydrology?Wetland
Rationale:• _
CLASSIFICATION
Wetland Criteria Met? Yes g No
Classification ..,,.. . ,,
Field Date: 9115/99 Observers: rl, ap Project Number: 99046-001
Table 6. Field survey data for topographic low, Plot C2, (center of southern property
boundary near Soil Pit 1 (1993 rept.).
VeGETATicN
Cover
aver
Class
IS
Index
Product of
Midpoint and
-
Index
Value
Midpoint
Value
WIS Value
Scientific Name
Trees
3
37.5
3.0
112.5
-i AMus ►ubra
3
31".
2.0
75.0
re inns ladfolia
Shrubs
4
62 5
2.7
166.9
Rubus spectabilis
15.0
2.0
30.0
Malus tusca (s)
2
Herbs
Maianthemum dilaiatum
2
15.0
4.
Lysich* n ameri anurrr
+
2.5
1A
2.5
a
SUMS
170.0
431.9
Weighted Mean Index:*....»...».
% of dominant species with a WIS
Hydrophytic vegetation
index of 3.0 or less: ........... Q„QQ..........
(1987 methodology):
Yes
Veg Notes ...., .. ..»...,.
....»..,., .-�............�».ate ..»....»....:�,,..»...,w» ...,». .,.w>.... � .,.,,;
Habitat Features .,.....
(snags, logs, etc.) ........... ---- ........... »,,.......»..» .,. » * .» ..s : ..... .
Field Date: 9/15/99 Observers: H. ap Project Number: 99046-001
I able 6. Continued.
SOIL
Soil pit number ............... . ....... Field observations confirm mapped type? (3 Yes 2 No
Map Unit (Series/Phase) 9.WtftMU0 ..... . —.— . ..... On hydric list? Ig Yes C3 No
Map Symbol ... . ...... . ... . .. - - — ---------- . ..... Hydric inclusion? E3 Yes g Nq
Profile: Matrix Color Mottle Quantity, Moftle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
Hydric Soil Indicators (check):
Histosol — Aquic Moisture Regime — Concretions
Histic Epipedon — Reducing Conditions — High organic Surface (sandy soils)
Sulfidic Odor" Gley/Low Chroma Organic Streaking (sandy soils)
Hydric Soil Criteria Met? v,, Yes — No
Rationale. . ... . .. . ......... . ... ............... i ................ ....... . ....... . . ................. . ................ .
HYDROLOGY Field Date: 9115/99
Field Observations: Recorded Data (gauge or well):
Depth of pit aLwgq.r..s.amP1.eAo 14.. ........................... ..... ........
Depth to saturation
Notes (Inletioutlet, etc.):
Depth to free water/water table ......................... diy.1bw.wqhP.u1;rQAleL . . . ....... . .... . ... . ................ . ..............
Inundation depth ...... ............
Other indicators:
Wetland Hydrology?
Rationale: ...................................
CLASSIFICATION
Wetland Criteria Met? —,Yes ENo
Classification ................... ......
Field Date: 9115/99 Observers: H, ap Project Number: 99046-001
Table 7. Field survey data for wetland extension, Plot B 1, (off -site, west of western
property boundary).
VEW ATOM Cover cover V"6 iS Product of
Index Class Index Midpoint and
Scientific, Name Value Midpoint Value WIS Value
Shrubs
Rubus spectabilis 4 62.5 2.7 166.9
�:...... � 1'5.0 3.3 50,0
Weighted Mean Index: .... ^&...
% of dominant species with a WIS d6 meth®goetation Yes
index of 3,0 or less: ,3;.....,.,x ( methodology,):
VegNotes ......,. ,.,rt,...a....... ........ ................w.
Habitat Features
P...u4.a.nim.,Xe+'b+M X.+mA.ae.nm'8ti. nXmrrWa rAsmgaamYea 8awrwaawa-kiaar:awam+mn.aaiB+M+'n4Nr�sa'=X13swparmmamaxww.riaYrmmsaYtlAmm
(snags, logs, etc.) ,.m ...... ,,,-....�
Field Date: 9/15/99 Observers: d, ap Project Number: 99046-001
Table 7. Continued.
- SOIL
Soil pit number 51.................. Field observations confirm mapped type? g Yes ® No
Map Unit (Series/Phase) SeaktlILMLIGIS....... ........................ ............ - On hydric list? g Yes p No
Map Symbol S ,,,, ,, .....®,.... _-= Hydric inclusion? ❑ Yes im No
Profile: Matrix Color Mottle Quantity, Mottle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
ProfileSoil Hydric Soil Indicators (check):
=_ Histosol r Aquic Moisture Regime _ Concretions
- Histic Epipedon Reducing Conditions - High Organic Surface (sandy soils)
- Sulfldic Odor R Gley/Low Chroma
Hydric Soil Criteria Met? - Yes _ No
- Organic Streaking (sandy soils)
Rationale1.aw.chr.�m�;.maiat..ia..��kuratd..at.9rQundsurfa�a................................... ,
HYDROLOGY Field Date: 9/15/99
Field Observations: Recorded Data (gauge or well):
Depth of pit au9eC-UlM.W.S.-A-01Y...........................-.........- ...,
ee#,rMS ®ar»�Y.a u♦ ax'M•i x'AF
Depth to saturation ,..,,....r,.., . Notes (Inledoutlet, etc.):
Depth to free water/water table ....................:.. SQI1.OlQ1SX.tq.S tµf.Lt d. x.9LQlanS�..S�IrfeG�...... -......... ...........
Inundation depth
Other indicators: -.., ....., .,
Wetland Hydrology? 3 Yes _ No
Rationale: SI1ttSlt.lq.ttIt.,9Cpltl.a.Iefile.►Ifi1111t),p1,ie..;,.....
.......... , - 4.,, , ....,.. ......,..,....... ...,..
CLASSIFICATION
Wetland Criteria Met? X Yes —No
Classification P..al�St�ine,..for.acted.,.kr.I�ad:leavd..daidua�Is..w�I.and.�P..F.Qi.)......_...................................
Field Date: 9/15/99 Observers: rl, ap Project Number: 99046-001
Table S. Field survey data for wetland extension, Plot B2, (upland west of western
property boundary).
P ry d u Ct
VEGETATION Dover cover
et
Index Class Index Midpoint and
Scientific Name Value Midpoint Value WIS Value
rQas
Shrubs
Rubus ipecta@—Is 5 87.5 2.7 233.6
A --- -Z-:--4.- f-1 13 150 3.3 50.0
Oemleria cerasifonni . s 1 2.5 4.0 10.0
Rubus ursinus 1 2.5 4,0 10.0
Herbs
Polystichum munitum 1 2.5 4.0 10.0
SUMS 177.5 519.4
Weighted Mean Index: ..............Z9..............
% of dominant species with a WIS Hydrophytic vegetation
index of 3.0 or less: ............ Q0.&.7 ........... (1987 methodology): Yes
Veg Notes
Habitat Features
(snags, logs, etc
Field Date: 9/15/99 Observers: d, ap Project Number: 99046-001
i Table S. Continued.
a. SOIL..
Soil pit number 82................. Field observations confirm mapped type? Yes ❑ No
Map Unit (Series/Phase) IEYAr A:rAld .. �A.d.9taV. 11Y.- aindY. On hydric list? p Yes No
Map Symbol JE� loam, 6 15% Hydric inclusion? ❑Yes No
Profile: Matrix Color Mottle Quantity, Mottle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
Soil Profile
Notes:
Hydric Soil Indicators (check):
— Histosol Aquic Moisture Regime — Concretions
— Histic Epipedon — Reducing Conditions _ High Organic Surface (sandy soils)
— Sulfidic Odor _ Gley/Low Chroma _ Organic Streaking (sandy soils)
Hydric Soil Criteria Met? _ Yes Z No
Rationale......................................................................................................................................
HYDROLOGY Field Date: 9/15/99
Field Observations:
Recorded Data (gauge or well):
Depth of pit auser..5MMP1.QAR[' ........................... .......
Depth to saturation ,,,,, .,..... , , , .,.« Notes (inlet/outlet, etc.)::
Depth to free water/water table ................ .
Inundation depth .. ...,,...
Otherindicators:..,,, �........ ... .... .......,.,,.
Wetland Hydrology? T Yes T No
Rationale: 1�G1<.s?f.�Q;aitiYe..indi.��tol S..Af..�!etla�ad.hyd �oIQ. ar..hxdri.;;Ail..................................................................
CLASSIFICATION
Wetland Criteria Met? - Yes g No
Classification tJAlaLld.She.GIdtJAUS.f.A[i<St...........................................................................................................................
Field Date: 9/15/99 Observers: ri, ap Project Number: 99046-001
Table 9. Field survey data for topographic low, plot C1, (southeast property comer,
southwest of ditch outlet).
VG Aiti�l Cover
00
over !
Class Index
Product Of
Midpoint and
Index
Value
Midpoint Value
WIS Value
Scientific Name
Tries
+
2.5 4.0
10.0
-Acer macrooh llum
2.5 3.0
7.5
Populus balsam i"era +
._ Shrubs
3
37.5 4.0
150.0
e Symp oficarpos albs
37.5 4.0
150.0
3
Rubus discolor 2
15.0 2.7
40.1
_ Rubus spectabilis
2.5 2.0
5.0
Comas sercea +
Herbs
3
37`.5 2.7
100.1 .
Urtica dioica
y
15.0 4.0
.�
60.0
Pterrdium aquilinum
150.0
522.7
SUMS
Weighted Mean Index .„......
% of dominant species with aaWIS
1ydrophyticregetatan
index of 3.0 or less: .......,....4.Q,QQ.W.......
(1967 methodology): No
Veg Notes ..
.... ..,...... ..
,..,...
..,..
101!.al. a tOg
glut cl C1.5#iril Op10d
ill
Habitat Features i9
O..It.3Syi1t09 .c00a1.01+gY11iiI.i1t .., �...,...
(snags, logs, etc.) p.ltl.i .
Field Date: 9/15/99 Observers:
ri, ap Project Number:
99046.001
Table 9. Continued.
Soil pit number
Field observations confirm mapped type? p Yes p No
Map Unit (Series/Phase) On hydric list? p Yes 0No
sandy loam, 6-15°/® p Yes No
Map Symbol .,,.........„,....,-„ „-.,..,.. Hydric inclusion?
Profile: Matrix Color Mottle Quantity, Mottle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
Soil Profile „...,,..,*.... , .,..... «.. „..�.«...,......
Notes: -.«.,
Hydric Soil Indicators (check):
-_Histosol - Aquic Moisture Regime = Concretions
Histic Epipedon _ Reducing Conditions - High Organic Surface (sandy soils)
- Sulfidic Odor - Gley/Low Chroma _ Organic Streaking (sandy soils)
Hydric Soil Criteria Met? i Yes _ No
Rationale iIS.itr.7S0f!l?f10i.t:gp.l'i.pt4Jl6,d it)S[f ()1',).
HYDROLOGY Field Date: 9115/99
Field Observations:
NIA......................................I...........„....
Depth to saturation ,,,,„ ............................. ................ Notes (inlet/outlet, etc.):
Depth to free water/water table ....................„.
Inundation depth ,,,..„,... ..• ••
................«.,... ...... .
Other indicators:
Depth of pit
Wetland Hy�rn1n^°''
Rationale:
CLASSIFICATION
-Yes - No
Recorded Data (gauge or well):
Wetland Criteria Met? Yes S, No
Classification .J...... ,• .
Field Date: 911519g Observers: d, al) Project Number: 99046-001
A "W A%O L V. %-ununuea.
SOIL
Soil pit number ........................ Field observations confirm mapped type? N Yes C] No
Map Unit (Series/Phase) On hydric list? 13 Yes g No
Map Symbol E%Q,. loam, 6-151"'b
Hydric inclusion? (3 Yes Cg No
Profile: Matrix Color Mottle Quantity, Mottle Color
Depth Horizon (moist) Size, Contrast (moist) Texture
Soil Profile
Notes:..
Hydric Soil Indicators (check):
Histosol = Aquic Moisture Regime
Concretions
Histic Epipedon Reducing Conditions
High Organic Surface (sandy soils)
Suffidic Odor = Gley/Low Chroma
Organic Streaking (sandy soils)
Hydric Soil Criteria Met? — Yes �z No
Rationale
.......................... . .. . ...... . . . .............. ............ . ..... . .......... . . .... ................. ........ ........ . ............
HYDROLOGY
Field Date: 9/15/99
Field Observations:
Recorded Data (gauge or well):
Depth of pit aLuger..s.aMpl.p..qn ly .............................
. . ............
Depth to saturation
Notes (Inlettoutlet, etc.):
Depth to free water/water table ....... ................
Inundation depth .. ................... — — -----
......... . .. .. . . ... . ....... .........
Other indicators:
Wetland Hydrology? — Yes --, No
Rationale:
................... ...... . . ........... ...... .... . ........... . . ........ .......... . . . .........
CLASSIFICATION
Wetland Criteria Met? -7i Yes No
Classification WmL ........ . .. .... . ............ ............ . ...... . ....
... . . . . .......... . . ......
Field Date: 9/15/99 Observers:
ri, ap Project Number" 99046-001
Table 10. Field survey
data topographic low southwest property comer, Plot C3,
(southwest comer along property boundary).
110"Craver
VEGETATION
aver
Class
UYIS
Index
Product of
Midpoint and
`
Index
Value Midpoint
Value
WIS Value
Scientific Name
Trees
4 62.5
3.0
187.5
Alnus rubra
1 2.5
3.0
7.5
Thuja plicata
Shrubs
5 87.5
2:7
233.6
Rubus s ecta rills
3 37.5
4:0
150.0
5ambucus racemosa
3 37.5
3.3
-
124.9cer
Acircinatum (s)
15.0
4.0
60 0
Oemlerra' carasi ormis
2
Herbs
Weighted Mean Index:.1 .._..•.
% of dominant species with a WIS Hydrophytic vegetation
index of 3.0 or less: (1987 methodology): No
VegNotes ...,...................... M
.....,.w ... , .... ......-
Habitat Features ..- 3� ..,,b.... „..
(snags, logs, etc.)
Field Date: 9/15i99 Observers: d, ap Project Number: 99046-001