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18-103908r TNI&AbelfBr lbpuzman rfedle raI way September 7, 2018 Mr. Abel Brambila Guzman 36606 Pacific Highway South Federal Way, WA 98003 abelbramb4aggzman ct yahoo.com Re: File #18-103908-00-VO; WETLAND & STREAM INTRUSION Guzman Property, 36606 Pacific Highway South, Federal Way Dear Mr. Guzman: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. cam Jim Ferrell, Mayor FILE It has come to the attention of the City of Federal Way that unauthorized clearing, grading and a new/ replacement water crossing (bridge) has occurred within a 100-foot stream buffer on tax parcel 292104-9044. The subject property contains a portion of the Hylebos, which is categorized as a Type-F Stream, and no work or development may occur within the 100-foot buffer. The site also contains a Category I wetland with regulated buffers ranging between 75 and 225 feet. Both critical areas must be delineated by a wetland biologist at the expense of the applicant in order to determine the extent of the environmental damage. VIOLATION Based on discussions with the Community Development Code Compliance staff, the owner did not obtained . city approvals to import fill within a critical area and establish a loop driveway within the stream and wetland buffer. Except as provided in Federal Way Revised Code (FWRC) 19.145.120, no development or improvements may be located within a wetland or stream buffer per FWRC 19.145.440 and 19.145.270. Also, the owner did not receive Hydraulic Project Approval (HPA) from the Washington State Department of Fisheries and Wildlife (DFW) for work within the ordinary high water mark of a stream. Further work on lands covered by water is not exempt from environmental review pursuant to Washington Administrative Code (WAC) 197-11-800(1)(a)(i). Also, new and replacement stream crossings require Process III `Director's Approval' prior to commencing work per FWRC 19.145.320. Please find the enclosed Environmental Checklist and Process III Checklist to be completed and submitted to the City of Federal Way Permit Center. Pursuant to FWRC 19.145.060, "Unauthorized alteration and enforcement," when a critical area or its buffer has been altered in violation of Chapter 19.145 "Environmentally Critical Areas," all ongoing development work shall stop and the critical area shall be restored. In order to evaluate the exact impacts to the site and what restoration actions will be necessary to mitigate for the damage, we need the following information prepared by a qualified professional: 18-103908-00-vo 4•.& NM Mr. Abel Brambila. Guzman Page 2 of 3 September 7, 2018 1. A written narrative of what actions occurred outside the clearing limits and explanation as to why they were needed. 2. A plan provided to the Public Works Department demonstrating how the mitigation plantings will provide for adequate stormwater runoff and fulfill the approved drainage plan. 3. A restoration plan prepared by a qualified professional using the best available science and describing how the actions proposed will: > . t;-aestore the wetland's previous structure and function related to maintaining water x quality and habitats, Roplicate. the historic soil types and configuration; iii. Replant the critical area and buffers with native vegetation that replicates the removed vegetation on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and iv. Information demonstrating compliance with FWRC 19.145.140 (mitigation plan requirements). This mitigation plan complying with FWRC 19.145.140 shall be submitted to the director. Please note that the City may, at the owner's expense, seek expert advice in determining the adequacy of the plan. The minimum performance standards identified above may be modified if the owner or violator can demonstrate that greater Functional and habitat values can be obtained. Any future vegetation maintenance, clearing, grading or intrusions within the 100-foot stream buffer, wetland buffers or Native Growth Retention Areas will require prior review and approval by the city. CLOSING Restoration of the impacted areas must be completed within the wetland and stream buffers as soon as possible. please provide the Community Development Department with a timeline and plan by September 14, 2018, to take the required steps needed to bring your site into compliance. A notice of violation (city file 18-103908-00-VO) will run with the property title until satisfactorily resolved. If you have questions regarding this letter, or regarding how to complete the form, please contact me at (253) 835-2643, or l3vay.eom. We wish to avoid compliance measures and assist your completion of the project. Sincerely, Robert "Doc"Panen Planning Manager enc-.. FWRC 19.145.060, "Unauthorized Alterations and Enforcement" FWRC 19.145.140, "Mitigation Plan Requirements" a Leila Willoughby -Oakes, Associate Planner Greg Kirk, Code Compliance Officer Cole Elliott, Development Services Manager Environmental Checklist Process III Submittal Checklist Leah Myhre, SWM Water Quality Specialist Larry Fisher, DFW, larrv.f%h r dfw_ . v Doc. LD, 78218 18-103908-00-VO October 17, 2018 Mr. Abel Brambila Guzman 36606 Pacific Highway South Federal Way, WA 98003 , lbrombijaeurntRntirtialuio.cnm Re: File # 18-103908-000-00-VO; WETLAND & STREAM INTRUSION Guzman Property, 36606 Pacific Highway South, Federal Way Dear Mr. Guzman: Regarding our September 7, 2018, letter concerning unauthorized clearing, grading, and replacement of a water crossing bridge within a wetland and stream buffer area. The letter asked for a timeline and plan by September 14, 2018, as needed to bring your site into compliance. Mr. Guzman, as always the City of Federal Way would like to reach an agreement for restoration; however, if you do not contact our planning office, by October 19, 2018, a civil citation of $100.00 per day will be enacted. X First violation: $100.00 Second violation: $200.00 Third violation: $300.00 /per day until compliance is achieved If you have questions regarding this letter, please contact Planning Manager Robert "Doc' Hansen at (253) 835-2643, or robeit.liansenCDcitvol'll:deralway.com. Sincerely, Nick Ruiz Code Compliance Officer 253-835-2647 enc: X MIN, 12"08" PLASTIC SIGN WITH WHITE REFLECTIVE BACKGROUND SEE DETAIL, BELOW axa PRESSURE TREATED WOOD POST WITH 1/2" CHAMFER AT TOP SLOPE CONCRETE TO DRAIN AWAY FROM POST " DEPTR CRUSHED ROCK 12" SIGN POST DETAIL NATIVE GROWTH PROTECTION AREA THIS WETLAND AND UPLAND BUFFER ARE PROTECTED TO PROVIDE WILDLIFE HABITAT AND MAINTAIN WATER QUALITY. PLEASE DO NOT DISTURB THIS VALUABLE RESOURCE. SIGN DETAIL REV. 1 1 /12/10 c��ow PUBLIC NATIVE GROWTH PROTECTION DWG. NO. PadG-M0Wft WORKS AREA SIGN 1 3-56 -- _ �-' --- - --'_•sue± i AIR � '���� • I Elf I • i^t . rr •+r-•-+�i f � iii 105 � , f may.VIA low J-6N TA AIL y� 1.FZ4� lay ■ { ti ., �`�► �•.� �� f•` .� � - "� � _� ; � � .� i} � � � � � 4 • '�. ; ti �,� � ti � ,, �� t F t- ol rldig N No 04, -- AT- 4JA% or— Nim L --h6 Poll NO Leila Willoughby -Oakes From: Fisher, Larry D (DFW) <Larry.Fisher@dfw.wa.gov> Sent: Thursday, August 23, 2018 3:34 PM To: Leila Willoughby -Oakes Subject: RE: FW Stream Violation- Parcel 322104-9044 Hi Leila An HPA would be required, but cannot be issued after -the -fact for work already done, though one could be issued for corrective action or to do additional work. So this is a new crossing. Amazing what people think they can get away with! Larry Fisher WDFW Area Habitat Biologist 1775 12th Ave NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 425-427-0570 Cell: 425-449-6790 <'){{))>< <')MJ>< From: Leila Willoughby -Oakes <Leila.Willough b -Oakes Pcityoffederalwa .com> Sent: Thursday, August 23, 2018 3:25 PM To: Fisher, Larry D (DFW) <LarrV.Fisher@dfw.wa.goV> Subject: FW Stream Violation- Parcel 322104-9044 Hi Larry, Folks have been busy lately... here's a violation in the Hylebos at 36606 Pacific Hwy. South. The city is handling this from a code enforcement and stormwater management end, but I am presuming this folks needed an HPA to make a water crossing. I believe culverts and bridges might need a Hearing Examiner decision or Discretionary approval with migitation in our jurisdiction. Please note they may be required fully take this down over the Hylebos as not permits were pulled/development within the 100 —ft stream buffer has occurred. The gravel driveway improvements were installed without permits as well. Let me know if you have any questions. This just can up today. Kind regards, Leila Leila Willoughby -Oakes From: Fisher, Larry D (DFW) <Larry.Fisher@dfw.wa.gov> Sent: Friday, August 24, 2018 8:38 AM To: Leila Willoughby -Oakes Subject: RE: FW Stream Violation- Parcel 322104-9044 WDFW does not have a useable civil process. We have used the criminal process, but currently the King County prosecutor's office is unwilling to work with us. So it is rare for a ticket to be issued by our Enforcement Program for hydraulic code violations. We often support the local government to help resolve violations. If I can help with this one, please let me know what I may be able to do. Thank you Larry Fisher WDFW Area Habitat Biologist 1775 12th Ave NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 425-427-0570 Cell: 425-449-6790 <'){{}}>< <'){{}}>< From: Leila Willoughby -Oakes <Leila.Willou hb -Oakes cit offederalwa .com> Sent: Thursday, August 23, 2018 3:36 PM To: Fisher, Larry D (DFW) <Larrv.Fisher�a@dfw.wa.gov> Subject: RE: FW Stream Violation- Parcel 322104-9044 Sigh, so DFW does not issue their own violation? From: Fisher, Larry D (DFW) [mailto:Larry.Flsher@dfw.wa.gov] Sent: Thursday, August 23, 2018 3:34 PM To: Leila Willoughby -Oakes Subject: RE: FW Stream Violation- Parcel 322104-9044 Hi Leila: An HPA would be required, but cannot be issued after -the -fact for work already done, though one could be issued for corrective action or to do additional work. So this is a new crossing. Amazing what people think they can get away with! Larry Fisher WDFW Area Habitat Biologist 1775 12th Ave NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 425-427-0570 Cell: 425-449-6790 <')MI>< <NII)>< From: Leila Willoughby -Oakes <Leila.Willoughby-Oakes@cityoffederalway.com> Sent: Thursday, August 23, 2018 3:25 PM To: Fisher, Larry D (DFW) <Larry.Fish er@dfw.wg.g > Subject: FW Stream Violation- Parcel 322104-9044 Hi Larry, Folks have been busy lately... here's a violation in the Hylebos at 36606 Pacific Hwy. South. The city is handling this from a code enforcement and stormwater management end, but I am presuming this folks needed an HPA to make a water crossing. I believe culverts and bridges might need a Hearing Examiner decision or Discretionary approval with migitation in our jurisdiction. Please note they may be required fully take this down over the Hylebos as not permits were pulled/development within the 100 —ft stream buffer has occurred. The gravel driveway improvements were installed without permits as well. Let me know if you have any questions. This just can up today. Kind regards, Leila Leila Willoughby -Oakes From: Leila Willoughby -Oakes Sent: Friday, August 24, 2018 11:02 AM To: Greg Kirk Subject: Rehab Plan Greg, The applicant is also required to submit and pay for a rehabilitation/restoration plan prepared by the biologist on account of the unpermitted work. Based on the quality of said plan it might be sent out for third party review; if it appears sufficient to planning staff we will not. 19.145.060 Unauthorized alterations and enforcement. 1q—SHARE (1) When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or violator's expense to compensate for violation of provisions of this chapter. (2) Restoration plan. All development work shall remain stopped until a restoration plan is prepared at the expense of the owner or violator and approved by the city. The plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsections (2)(a) and (b) of this section. The director may, at the owner or violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the owner or violator for revision and resubmittal. L. Willoughby -Oakes Associate Planner 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www. c ityoffe de ra lwa y. co rn Land Use Applications: htto://www.citvoffederalway.c_o_m/index.aspx?nid=481 Planner on Duty: 253-835-2655 1 Pingtnguirv@cityoffederalway.com 6:g-f- ��G L pcq (a, se) PPAZO.e�' 647z- 10L4R 04H p i Cu tC- C 1�t 1 -. f o rr-\ 411 b6s c,ZeeL(, - -e-s5K 9 cct-Qv—1 aL v CO-O- �-. d ME _4com pro - ,� eLo atL. ,.]e cam' ►2 e c eR-44'f -cLd A-o� 0� W H C� ��o�(' i � of ���-�►r--'YJ �ci/ - k�k . -I ; i , r. f g• _ •II ram== _ _ �; + !. - •� 7` , �. max= .S S [ /� -±-� jol J 7 - Ul I 'f�, .T .�' •- � F - r � F .tom �. { •+ �. .5 �� -J� r_ » PpIr 1 � fir, • f, � - _ -_ - . _ 1 j i '' ���� - 'ram •� �•� %'�• J•^r.�' �1 �: ,:. - •i - -4 Ir WIN ~ V.v z ' +• ,`i �,.. :.�4;l. � - Est `'�: ' �; - � t�' t 4 16 . n ;w4 �yy Mark Orthmann From: Mark Orthmann Sent: Tuesday, August 28, 2018 2:27 PM To: 'Pearsall, Amy' Subject: RE: Essential Public Facility land use approval Hi Amy, Thanks for the email. We reviewed this issue internally and did not see a way around the language in FWRC 19.85.110— requiring process IV approvals to be completed prior to Council's consideration of the DA. In addition to FWRC 19.85.110, the purpose statement also cuts against including the essential public facility land use approval in the DA: "[tjhe intent of a development agreement is not to waive requirements normally associated with a proposed use." FWRC 19.85.010. That being said, the City generally agrees with ST's attempt to reduce what may ultimately be redundant processes Do you have some authority saying that Council can supersede its own code requirements (process or substantive) with a DA in a situation like this? The only wiggle room I saw was whether the essentially public facilities request qualifies as a "request associated with the project -specific development plan." But, I think that argument is a pretty thin. I am happy to review the language you have used in past DAs to address this issue. Ultimately, we are open to suggestions, but the code says what the code says. am generally available on Thursday from 11:00 a.m. to 2:30 p.m., and in the afternoon on Friday for either a meeting or a call. Let me know what might work for you. Best, Mark D. Orthmann Deputy City Attorney City of Federal Way (253) 835-2571 mark.orthmann@cityoffederalway.com From: Pearsall, Amy [ma ilto:Amy.Pearsall @soundtransit.org] Sent: Monday, August 27, 2018 6:01 PM To: Mark Orthmann Subject: FW: Essential Public Facility land use approval Hi Mark, Just wondering if you were aware of Tony's email below. We've all been operating under a different thought process, so I'm not sure where we're at. Do you have time for a call this week? I have examples of language we can put in the DA to further clarify that the DA is, in fact, the land use approval (I think it already says that, but we can be clear that Council's approval of the DA supersedes the need for a HEX hearing if we need to). Anyway, don't want to get too far into this if you and I are already on the same page and we just need to get Tony there or if there is a larger issue that needs to be addressed. As always, thanks in advance. I'll also be in the Fed Thursday afternoon if that works, too. Amy From: Tony Doucette [mailto:Tony.Doucette@citvoffederalway.com] Sent: Thursday, August 23, 2018 1:17 PM To: Lowry, Soraya <Sora a.Lowr soundtransit.or > Cc: Eskenazi, Zachary <Zacha .Eskenazi soundtransit.or > Subject: Essential Public Facility land use approval Hi Soraya, As I mentioned on the phone yesterday, our code does not appear to allow us to provide land use approval for the Federal Way Link Extension as part of the Development Agreement. It looks like anything requiring a process IV must be resolved prior to the development agreement. Chapter 19.105.020 requires that Class I Essential Public Facilities shall be reviewed under process IV, hearing examiner decision. Additionally Chapter 19.85.110 reads: Any requests associated with the project -specific development plan requiring a public hearing by the hearing examiner shall be heard by the hearing examiner prior to the public hearing by the city council on the development agreement and development plan. The hearing examiner's review shall follow the provisions of Chapter 19.70 FWRC, Process IV — Hearing Examiner, and shall be limited to that particular aspect under his or her purview and shall not extend to either the development agreement or development plan. I am out of the office tomorrow, but wanted to send this today in the likely event that Sound Transit legal staff want to discuss the matter with our legal staff. I am still talking with planning and public works staff on suggestions for the best way to move through process IV requirements and will touch base with you next week. Thanks, Tony Doucette, P.E. Sound Transit Liaison City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Desk: (253) 835-2716 Cell: (253) 457-2874 to ny. dou cette @ cityoffed a ra Iway.co m