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:
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12"08" PLASTIC SIGN WITH WHITE
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SLOPE CONCRETE TO DRAIN
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NATIVE GROWTH PROTECTION AREA
THIS WETLAND AND UPLAND
BUFFER ARE PROTECTED TO
PROVIDE WILDLIFE HABITAT
AND MAINTAIN WATER QUALITY.
PLEASE DO NOT DISTURB THIS
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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
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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