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17-103855CITY OF t Federal Way September 18, 2017 Level3 Communications Krishna Mitchell 1000 Denny Way, Suite 400 Seattle, WA 98109 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Email: Krishna.mitch ell6culevel3.com RE: File #17-103855-00-AD; CRITICAL AREAS PARTIAL EXEMPTION DETERMINATION Kitts Corner, 1201 S 336`h St, Federal Way Dear Mr. Mitchell: On August 4, 2017, the City of Federal Way received the Request for a Critical Areas Partial Exemption to allow the directional drilling of three conduits within an erosion hazard area on the southeast side of South 334"' St, near Kitts Corner Apartments. Per Federal Way Revised Code (FWRC) 19.145.120: 19.145.120, "Partial Exemptions" "The following activities are partial exemptions to the provisions of this chapter and require written approval from the director. "(l) Essential public facilities, public utilities and other public improvements. The director may permit the placement of an essential public facility, public utility or other public improvements in a critical area if no practical alternative with less impact on the critical area(s) exists. The specific location and extent of the intrusion into the critical area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility and not pose an unreasonable threat to the health, safety, or welfare on or off the subject property. The intrusion shall attempt to protect and mitigate impacts to the critical area function and values. The "public utility and other public improvements" shall not include improvements whose primary purpose is to benefit a private development, including without limitation interior roads or privately owned detention facilities installed within or during the construction of a residential subdivision, binding site plan, or other commercial development. The director may require supporting documentation to demonstrate compliance with partial exemptions.... The applicant, Leve13 Communications, proposes the installation of fiber optic cable to serve multiple customers in Federal Way. The project area begins on Pacific Hwy S, where three (3) 1.25" conduits will be installed under the existing sidewalk. The conduit will extend west on S 336"' St. to 9"' Ave. S. The line will terminate on 8"' Ave. S. All work will take place within the existing right-of-way. The proposed installation encroaches upon a wetland buffer. The city approved a partial exemption for the project on August 1, 2017, per file #17-103367-00-AD. After issuing the approval, the applicant notified the city of a second critical area —an erosion hazard shown on the city's Critical Areas Map on the southeast side of South 334"' St. A separate partial exemption is required for the erosion hazard. CITY OF Federal Way Date: GHA CONSULTANT AUTHORIZATION FORM August 25, 2017 Consultant: Landau Associates Craig Jordan 1115 West Bay Drive NW Suite 201, Olympia, WA 98502 (360) 791-3178 CJordati(@,Iandauinc.com Project: Evaluation of Erosion Potential — Level 3 Communications conduit installation Location: 33400 81h Ave S & 33405 S 33411` St., Federal Way, WA, King County parcels 9265000110 & 9265000060 City File No.: 17-103855-00-AD Applicant Contact: Lyle J. Stone, PE, GeoEngineers, 253-383-4940 City Staff Contact: Dave Van De Weghe, Senior Planner — 253.835.2638, david.vandc►vcghc(a citvoffcdcralway.com Documents Provided: Task Scope: Evaluation of Erosion Potential — Level 3 Communications, WA, by GeoEngineers, August 18, 2017 • Verify plans for compliance with FWRC 19.145.240— improvements within an erosion hazard area. • Conduct site visit as necessary. ■ Provide written response to findings, recommendations, and request additional information from applicant if needed. ■ Possible meeting with applicant's engineer if necessary. ■ Review of resubmitted/corrected documents as needed. Task Schedule: Provide task cost estimate ASAP. Review work is not authorized until authorized in writing by City. Task Cost: Not to exceed without a prior written amendment to this Task Authorization. 17-103855-00-AD Doc 113 Level 3 Communications GHA Review 17-1003855-00-AD Page 2 Acceptance: 17 t- AI Date (City Staff) Date (Applicant) Date 17-103855-00-AD Doc I D L RESUBMIT -FED AUG 2 3 2017 CITY OF FEi)ir�AL WAY OOMMUNCn' DEycl OP�iI"?1T August 18, 2017 K & B Technical Solutions 6566 SE Lake Road E Milwaukie, Oregon 97222 Attention: Jeff Mettert Subject: Evaluation of Erosion Potential Level 3 Communication Line Federal Way, Washington File No. 6933-005-00 INTRODUCTION AND PROJECT UNDERSTANDING GEOENGINEERS �11 1101 South Fawcett Avenue, Suite 200 Tacoma, Washington 98402 253.383.4940 This letter report presents our evaluation of the erosion potential for the proposed Level 3 Communication Line Installation in Federal Way, Washington. A portion of the installation located near the corner of 8th Avenue South and South 334th Street will cross an area designated as an erosion hazard on the City of Federal Way Critical Areas Map. A site plan provided by K & B is attached. This plan is designated Sheet 14 of 14. Our evaluation is based only on the section of South 334th shown on this plan sheet. We did not evaluate any other areas of the project. Trenchless technologies, specifically a horizontal direction drill, will be used to install most of the conduit and no significant changes to the ground surface are expected after the installation. Based on review of this plan sheet, no permanent surface modifications, apart from the installation of one new vault, is expected in this area. We understand that no permanent site grading will be performed and that surface water flow patterns will not be changed by this project. Our services are being performed in accordance with the terms and conditions in our services agreement dated August 16, 2017. The purpose of our services is to provide an erosion evaluation needed for construction permits. SITE CONDITIONS We visited the site on August 18, 2017. The site is located in an area developed with commercial and government buildings such as Federal Way City Hall. The site slopes to the southwest with the intersection of South 334th Street and 8th Avenue South about 12 feet higher than the end of the project located about 220 feet to the southwest. Both South 334th Street and 8th Avenue South are asphalt paved roads with K & B Technical Solutions August 18, 2017 curb, gutter, and sidewalk. The areas within the right-of-way beyond the roads are maintained landscaping consisting of both mowed grass, large trees, and forest understory plants. There are some minor areas with exposed soil. One exposed flat area is located directly northeast of a driveway located on South 334th Street. This driveway is not shown on the attached site plan, but is located about 125 feet southwest of 8th Avenue South. There is also some exposed soil on a sloped area (about a 3H:1V [horizontal:vertical] to 4H:1V slope) under tree canopy located about 20 to 40 feet southwest of the driveway. This area appears to be outside of the City right-of-way. We observed no gullies, rivulets, or other signs of erosion in either of these exposed areas. CONCLUSIONS AND RECOMMENDATIONS It is our opinion that this portion of the site described above is not currently an erosion hazard. The existing pavement, surface water management, and landscaping appears to be providing adequate protection against erosion from surface water. During construction, most of the conduit will be installed using trenchless technologies that will not impact the ground surface. In our opinion, the trenchless technologies proposed for this project are the most practical construction method for limiting disturbance to the ground surface. Some disturbance is expected at the launching and receiving areas (where the directional bore enters and exists the ground) and around the vault. However, it is our opinion that this can be adequately managed using erosion control best management practices (BMPs) as outlined in State of Washington Department of Ecology Stormwater Management Manual for Western Washington, Volume Il, Chapter 4. We recommend that appropriate BMPs be implemented during construction. We recommend that once construction is complete, disturbed areas be hydro -seeded, re -sodded, or otherwise returned to their existing condition. It is our opinion that the proposed final condition will not increase the erosion potential in this area once disturbed vegetation has been reestablished. LIMITATIONS We have prepared this report for K & B Technical Solutions, for the Level 3 Communication Line Installation in Federal Way, Washington. K & B Technical Solutions may distribute copies of this report to Level 3 Communications, their authorized agents, and regulatory agencies as may be required for the Project. Within the limitations of scope, schedule and budget, our services have been executed in accordance with generally accepted practices for geotechnical engineering in this area at the time this report was prepared. The conclusions, recommendations, and opinions presented in this report are based on our professional knowledge, judgment and experience. No warranty, express or implied, applies to the services or this report. GEOENGINEERS 1 nlc "io 6933 005-00 K & B Technical Solutions August 18, 2017 Page 3 Please refer to Appendix A titled "Report Limitations and Guidelines for Use" for additional information pertaining to use of this report. Sincerely, GeoEngineers, Inc. Lyle J. Stone, PE Associate Geotechnical Engineer us:tt Attachments: Sheet 14 of 14 Appendix — Report Limitations and Guidelines for Use 1 copy submitted electronically Disclaimer. Any electronleform, facsimile orhard copy of the original document (email, text, table, and/orfigure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. GWENGINEERS File No. 6933-005-00 1 EROSION HAZARD CRmCAL AREA. �IY— ' SO. 334TH ST. SO. 334TH ST. BORE 244' (NW/SW) AT A MIN. OF 15' BELOW GRADE AND PLACE (3)-1.25- CONDUITS. - —50 r .. .. i ` BORE 53' SW ' IN. OF 15 BELOW ATAM r r GRADE AND PLACE (3)-1.25" CONDUITS. ............... N o ..... o � S o 0 y .. O.52' F�C�1 n1 R)a PLACE NEW 233 LEVEL3 VAULT 3. 5- J VT-11 AT PROPOSED LOCATION. F EROSION HAZARD - 1 9.00' FRC�l FOC ( -) CRMCAL AREA. I © V x I { m N o VAULT-11 CONTINUE TO BORE 262' (NW) AT A MIN. OF 15' 233 _ LEVEL3 BELOW GRADE AND PLACE (3)-1.25" CONDUITS. 2.69' (R;'N �VA2.) TRENCH 6' (S) TO EXIST R/W AT 4. J0' A MIN. OF 36" BELOW GRADE cc 15 ) a �" ► AND PLACE (1)-2" CONDUIT. - .00' 5. ENLARGED PLAN - E7LIT R/W 13 o SCALE: 1 ••=10• AT TO SHEET 12 a Know what's be l ow. C31i b0ore you dig. 0 10' 20' 30, CONSTRUCTION NOTES 1. ALL WORK AREAS TO BE RESTORED TO LIKE OR BETTER CONDITION. 2. ALL OTHER UTIUfIES ARE BASED OFF EXISTING LOCATES OR UTILITY STRUCTURES. 3, IT IS THE CONSTRUCTION CONTRACTORS RESPONSIBILITY TO CALL FOR LOCATES BEFORE DIGGING. LEGEND DIRECTIONAL DRILL TRENCH PROPOSED LVL3 VAULT EXSTING VAULT ------------ NAME �V TYPE OWNER NAME OWNER unLiY POLE REMOVE/REPLACE SIDEWALK [ :: _ _ ALIGNMENT RIGHT OF WAY EASEMENT PROPERTY LINE EDGE OF PAVEMENT FACE OF CURB SIDEWALK STORM DRAIN STORM MANHOLE STORM CATCH BASIN STREET LIGHT/SIGNAL STREET LIGHT/SIGNAL HANDHOLE STREET LIGHT POLE SAN. SEWER SAN. SEWER MANHOLE WATER WATER MANHOLE TELCO TELCO MANHOLE TELCO PEDESTAL CAN - CATV PEDESTAL STEAM - ELECTRIC POWER VAULT/PED UNKNOWN UTILITY Q 3 AS -BUILT 2 06/15/17 G.W. J.M. REVISION F 1 1 05/02/17 G. ORIGINAL NO. DATE ENG DESIGN DRAFTING I COMMENT 011 l611a911ca1fla8$1 LEVEL 3 ENGINEER: Krishna Mitchell - 303.375.2769 ENGINEERING FIRM: K&B Technical Solutions PROJECT NUMBER: N321354 (LVL3-WA-8802-59715) LOCATION: 33405 8TH AVE. SOUTH FEDERAL WAY, WA 98003 1 amm . NAmF• MY OF 6EDERAL WAY PERMIT DRAWING SCALE: 1 "=30 SHEET: 14 OF 14 APPENDIX A Report Limitations and Guidelines for Use 'K & B Technical Solutions August 18, 2017 Page A-1 APPENDIX A REPORT LIMITATIONS AND GUIDELINES FOR USE' This appendix provides information to help you manage your risks with respect to the use of this report. Report Use and Reliance This report has been prepared for K & B Technical Solutions. GeoEngineers structures its services to meet the specific needs of its clients. No party other than K & B Technical Solutions may rely on the product of our services unless we agree to such reliance in advance and in writing. Within the limitations of the agreed scope of services for the Project, and its schedule and budget, our services have been executed in accordance with our Agreement with the Client dated August 16, 2017 and generally accepted geotechnical practices in this area at the time this report was prepared. We do not authorize, and will not be responsible for, the use of this report for any purposes or Projects other than those identified in this report. If changes to the Project or property occur after the date of this report, GeoEngineers cannot be responsible for any consequences of such changes in relation to this report unless we have been given the opportunity to review our interpretations and recommendations in the context of such changes. Based on that review, we can provide written modifications or confirmation, as appropriate. Information Provided by Others GeoEngineers has relied upon certain data or information provided or compiled by others in the performance of our services. Although we use sources that we reasonably believe to be trustworthy, GeoEngineers cannot warrant or guarantee the accuracy or completeness of information provided or compiled by others. Conditions Can Change This report is based on conditions that existed at the time the study was performed. The findings and conclusions of this report may be affected by the passage of time, by events such as construction on or adjacent to the site, new information or technology that becomes available subsequent to the report date, or by natural events such as floods, earthquakes, slope instability or groundwater fluctuations. If more than a few months have passed since issuance of our report or work product, or if any of the described events may have occurred, please contact GeoEngineers before applying this report for its intended purpose so that we may evaluate whether changed conditions affect the continued reliability or applicability of our conclusions and recommendations. Professional Judgment It is important to recognize that the geoscience practices (geotechnical engineering, geology and environmental science) rely on professional judgment and opinion to a greater extent than other engineering and natural science disciplines, where more precise and/or readily observable data may exist. To help clients better understand how this difference pertains to its services, GeoEngineers includes these explanatory "limitations" provisions in its reports. Please confer with GeoEngineers if you need to know how these "Report Limitations and Guidelines for Use" apply to your Project or site. 1 Developed based on material provided by ASFE, Professional Firms Practicing in the Geosciences; www.asfe.org. Glen Williams From: Glen Williams Sent: Tuesday, August 22, 2017 12:49 PM To: Glen Williams Subject: FW: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Attachments: Level3_N321354 (LVL3 WA-8802-5976)_KB_Evaluation of Erosion Report.pdf From: David VanDeWeghe [mailto:David.VanDeWe he cit offederalwa .com] Sent: Friday, August 11, 2017 8:48 AM To: Jeff Mettert <Jeff Mettert@kbmail.net> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Jeff, If the erosion hazard area in question is no longer present, then please have your engineer provide documentation. If he can demonstrate the hazard is no longer present in a short letter rather than a full geotechnical report, then that should be OK. Make sure his letter includes an engineer's stamp. You must submit one copy to the City's Permit Center with a resubmittal form, attached. Include the file number "17-103855-AD" and a hard copy of this email. We require peer review at the applicant's expense to confirm the erosion hazard area is no longer present. Once we receive your resubmittal, I will contact the City's engineering consultant to request a "not to exceed" quote to confirm your engineer's findings. I will send the quote to you, then the peer review will begin. Once the review is complete, the engineer will send an invoice to me. I will forward the cost of their work to you, to be paid before your exemption is approved. Best regards, Dave Dave Van De Weghe, AICP Senior Planner Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cit,yoffederalway.co m From: David VanDeWeghe Sent: Thursday, August 10, 2017 12:42 PM To: 'Jeff Mettert'; 'Mitchell, Krishna' Cc: 'Glen Williams'; 'Justen Phillips'; 'Hurd, Todd'; 'Pablo Mercado' Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Hello Jeff. Your latest submittal is missing the geotechnical report I requested. Please submit it to the City Permit Center. Thanks, Dave Dave Van De Weghe, AICP Senior Planner 41 "r+ a .� Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cityoffederalway.com From: David VanDeWeghe Sent: Wednesday, August 02, 2017 7:34 AM To: 'Jeff Mettert'; Mitchell, Krishna Cc: Glen Williams; Justen Phillips; Hurd, Todd; Pablo Mercado Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Hi Jeff. Please include your partial exemption approval letter with your right-of-way permit application. It will expedite approval of your request. And this exemption only applies to the wetland buffer on S 3201h. I have not seen any requests for a partial exemption for the erosion hazard area. If you have not already done so, you will need to submit a separate partial exemption request. A geotechnical report meeting the criteria of Federal Way Revised Code 19.145.250 is required with your application. Dave Van De Weghe, AICP Senior Planner cyrr Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cit offederalwa .com From: Jeff Mettert [mailto:Jeff Mettert@kbmail,net] Sent: Tuesday, August 01, 2017 3:10 PM To: David VanDeWeghe; Mitchell, Krishna Cc: Glen Williams; Justen Phillips; Hurd, Todd; Pablo Mercado Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Hi Dave, I just received notification from Leve13 that the exemption for directional drilling along S 336th St, through the wetland buffer, has been granted. Thank you very much! Do we need to present the letter granting exemption to the permit center to continue our permit request or will it be forwarded internally? Also, there is second area along our proposed route that lies within a critical area for which we were also seeking an exemption. The critical areas map I sent you on 7/28/17 (also attached here), shows an Erosion Hazard Area near the end of our route on S 334th St. Is the exemption for that area still pending? Please CC all with any correspondence. Please call or email me with any questions of concerns. Thank you, Jeff Mettert K & B Technical Solutions (503) 650-6041x202 Jeff Mettert@kbmail.net From: David VanDeWeghe [mailto:David.VanDeWe he cit ❑ffederalwa .com] Sent: Monday, July 31, 2017 1:26 PM To: Jeff Mettert <Jeff Mettert kbmail.net>; Mitchell, Krishna <Krlshna.Mltchell@level3.com> Cc: Glen Williams <Glen Williams@kbm_ail.net>; Justen Phillips <Justen Phillips@kbmail.net>; Hurd, Todd <todd.hurd 1eve13.corn>; Pablo Mercado <pablo.mercado@Ievel3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Thank you Jeff. Dave Van De Weghe, AICP Senior Planner AF4A®fi+ ederal Way 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cityoffederalway.com From: Jeff Mettert [mailto:Jeff Mettertbmail.net] Sent: Monday, July 31, 2017 12:33 PM To: David VanDeWeghe; Mitchell, Krishna Cc: Glen Williams; Justen Phillips; Hurd, Todd; Pablo Mercado Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Good afternoon Dave, This fiber build is not exclusive to one customer. The route is intended to provide service to multiple customers and the Leve13 sales engineering team is currently working with building/property owners to provide service but sales are pending and not executed. Please CC all with any correspondence. Please call or email me with any questions of concerns. Thank you, Jeff Mettert K & B Technical Solutions (503) 650-6041x202 Jeff Mettert@kbmail.net From: David VanDeWeghe mailto:David.VanDeWe he cit offederalwa .com] Sent: Monday, July 31, 2017 10:24 AM To: Jeff Mettert <Jeff Mettert@kbmail.net>; Mitchell, Krishna <Krishna. Mitchell@ €evel3.com> Cc: Glen Williams <Glen Williams@kbmail.net>; Justen Phillips <Justen Philli ps@ kbmail.net>; Hurd, Todd <todd.hurd@ievel3.com>; Pablo Mercado <pablo.mercado@leyel3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Jeff, Thank you for the additional info. Can you also explain the purpose of the conduit installation? Specifically, who will benefit from the proposed project? Per our city code, partial exemptions are intended for infrastructure improvements with broad service enhancements rather than those serving a single site. See the code section in question below: The "public utility and other public improvements" shall not include improvements whose primary purpose is to benefit a private development, including without limitation interior roads or privately owned detention facilities installed within or during the construction of a residential subdivision, binding site plan, or other commercial development. The director may require supporting documentation to demonstrate compliance with partial exemptions. (FWRC 19.145.120.1) Thanks, Dave Dave Van De Weghe, AICP Senior Planner Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.com From: Jeff Mettert [mailto:Jeff Mettert'kbr ail.net] Sent: Friday, July 28, 2017 1:42 PM To: Mitchell, Krishna; David VanDeWeghe Cc: Glen Williams; Justen Phillips; Hurd, Todd; Pablo Mercado Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) David, Please see the answers to your questions below in red. Please CC all with any correspondence. Please call or email me with any questions of concerns. Thank you, Jeff Mettert K & B Technical Solutions (503)650-6041x202 Jeff' Mettert@kbmail.net From: Mitchell, Krishna [mailto:Krishna.Mitchell@leyel3.com] Sent: Thursday, July 27, 2017 4:21 PM To: David VanDeWeghe <David.VanDeWeghe@cityoffederalway.corm> Cc: Glen Williams <Glen Williams@kbmaii.net>; Jeff Mettert <Jeff Mettert@kbmail.net>; Justen Phillips <Justen Phillips@kbmail.net>; Hurd, Todd <todd.hurd@level3.ccm> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Good Afternoon David, I've copied our engineering firm to provide feedback regarding your comments. Krishna (Kris) Mitchell OSP Project Manager & Engineer 720-387-3342 office 303-378-2759 mobile krishna.mitchell@level3.com From: David VanDeWeghe maiIto: David. Van DeWe he @ cit offederalwa .com] Sent: Wednesday, July 26, 2017 5:10 PM To: Mitchell, Krishna <Krishna.Mitchel1@level3.com> Subject: wetlands partial exemption 17-103367-00-AD Good afternoon. have a couple questions about your application for a partial exemption to allow drilling for conduits within a critical area along S 3361h St. in Federal Way, Washington. 1. Sheet 7 of your application shows two areas labeled "Wetlands Critical Area." a. Does this map show a wetland or a wetland buffer? The permit drawing shows wetland, our project crosses through the wetland buffer just north of the actual wetland area. b. What is your source for this data? Is there an associated Wetland Report that classifies the wetlands and delineates the boundaries of the wetlands & their buffers? I found the wetland areas depicted on the "Critical Areas Map" PDF (attached with our project area called out) produced by the City of Federal Way and found on their website. I know of no report classifying or delineating the wetlands, The map is the only information I had to go by. 2. Your application states all work will take place in the right-of-way. a. Is the area in question paved? Will any vegetation be disturbed? Our work zone within the wetland buffer is entirely under the sidewalk. No vegetation will be disturbed. b. What are the temporary and permanent impacts of the proposed drilling on the wetlands in question? What is the sq. footage of the impacts? The permanent impacts that will remain after construction are the presence of the conduit, vaults, and fiber cable. There will be no potential for contamination of the wetland/wetland buffer. The square footage of the permanent impact is difficult to calculate. The vault has a footprint of 6 sq. ft. and the conduits will occupy approximately a 4" wide path along their entire length. In addition to the permanent impacts, the temporary impact also includes the possibility of a "Frac-out". Please see the attached "Frac-out Mitigation Contingency Plan" for an 5 explanation. In addition to the square footage of the permanent impacts, the square footage of the temporary impacts includes the removal and replacement of the 8'x10' panel of sidewalk to set the vault. c. If there will be impacts, what mitigation measures are proposed? Please see the attached "Frac-out Mitigation Contingency Plan". Thanks for your help. Dave Van De Weghe, AICP Senior Planner Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.com LANDAU 14 ASSOCIATES September 14, 2017 City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Attn: Dave Van De Weghe, Senior Planner Transmitted via email to: David.VanDeWeghe@cityoffederalway.com Re: Evaluation of Erosion Potential Review Level 3 Communications Conduit Installation Federal Way, Washington City File No. 17-103855-00-AD LAI Project No. 0238077.010.011 Dear Mr. Van De Weghe: Per your request, this letter provides geotechnical review comments regarding the conduit to be installed by Level 3 Communications at 33400 8th Avenue South and 33405 South 334th Street in Federal Way, Washington. You provided the following document, which we reviewed for compliance with applicable sections of Title 19.145.240 of the Federal Way Revised Code (FWRC). GeoEngineers. 2017. Letter: Evaluation of Erosion Potential, Level 3 Communication Line. From Lyle Stone, GeoEngineers, Inc., to Jeff Mettert, K & B Technical Solutions. August 18. Project Background We understand that an underground communication utility will be installed near the corner of 8th Avenue South and South 344th Street in Federal Way (site). The City of Federal Way (City) has determined that a portion of the installation will cross an erosion hazard area. GeoEngineers' August 18, 2017 letter indicates that the site is not currently an erosion hazard, and the proposed trenchless utility installation will limit disturbance to the ground surface during construction. To manage disturbance at the launching and receiving areas and around the vault, GeoEngineers recommends using the erosion control best management practices outlined in the Washington State Department of Ecology's Stormwater Management Manual for Western Washington, Volume II, Chapter 4. Additionally, GeoEngineers recommends that surface vegetation and ground cover be re-established after utility installation has been completed. Comments It is our opinion that GeoEngineers' August 18, 2017 letter fulfills the requirements set forth in FWRC Title 19.145.240 concerning protection measures for erosion hazard areas. However, GeoEngineers' 955 Malin Lane SW, Suite B • Tumwater, Washington 98501 • (360) 791-3178 • www.landauinc.com CITY O F Federal Way A!16 0 � 2017 .!F- FE:OERALWAYN G�oym� -`• C^'E' DPMENT yV11UVw.:! l i i. Y �. REQUEST FOR ADMINISTRATIVE DECISION FILE NUMBER - 0 3 5 5 Date Applicant COMMUNITY DEVELOPMENT DEPARTMENT 33325 8`h Avenue South Federal Way, WA 9800 253-835-2607;Fax 253-835-2609 www. c ityo f federa l way. cons NAME PRIMARY PHONE Krishna Mitchell 303.378.2759 BUSINESS/ORGANIZATION ALTERNATE PHONE Leve13 Communications 720.387.3342 MAILING ADDRESS E-MAIL 1000 Denny Way, Ste 400 Krishna. Mitchell@level3.com CITY STATE ZIP FAX Seattle WA 98109 Property AddressfLocation 33405 8th Ave South - southeast side of South 334th Street, southwest of 8th Ave South. Description of Request Leve13 Communications requests a variance to directional drill/bore (3)-1.25" conduits within an erosion hazard critical area. In the erosion hazard area, the proposed bore line lies completely within the R/W (right-of- way) 2' behind the back of the sidewalk on the southeast side of South 334th Street. List[Describe Attachments 1: Level3_N321354 (LVL3 WA-8802-5976)_Federal Way_Design Overview with Critical Areas.pdf 2: Level3_N321354 (LVL3 WA-8802-5976)_Federal Way_Permit Drawing_06152017.pdf For Staff Use ❑ Code Interpretation/Clarification ❑ Critical Areas Letter/Analysis/Peer Review ❑ Request for Extension (Land Use/Plat Approval) ❑ Revisions to Approved Permit ❑ Tree Removal ❑ Zoning Compliance Letter ;Y DA r-� ► -;,l F—x e cv - - No Fee - No Fee (Actual Cost if Applicable) - Check Current Fee Schedule - Check Current Fee Schedule - No Fee - Check Current Fee Schedule Bulletin #079 — January 4, 2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision RECEIVED Mitchell, Krishna 4 2017 From: Glen Williams <Glen_Williams@kbmail.net> Sent: Thursday, August 03, 2017 10:49 AM CITY OF FEDERAL WAY To: Mitchell, Krishna COMMUN[TY DEVELOPMENT Cc: Mercado, Pablo; Hurd, Todd; Jeff Mettert; Justen Phillips Subject: FW: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Attachments: Level3_N321354 (LVL3 WA-8802-5976)_Federal Way_Permit Drawing_06152017.pdf, Level3_N321354 (LVL3 WA-8802-5976)_Federal Way -Design Overview with Crit.... pdf; Level3_N321354 (LVL3 WA-8802-5976)_Federal Way -Request for Administrativ.... pdf Follow Up Flag: Follow up Flag Status: Flagged Krishna, I agree with Jeff s email below. The Attached application and supporting documents need to be submitted in person to the City of Federal Way. As Jeff mentioned below, the Federal Way Revised Code states that the exemption MAY require a Geotech report. We will contract that out if/when the City requires it. Please let us know when you submit this so we will know when to follow up with the City. Please call or email me with any questions or concerns. Glen F. Williams Metro-E/INET/ Cell Backhaul Manager 6566 SE Lake Rd, Suite F, Milwaukie, OR 97222 (503) 650-6041 x216 Office (503) 475-9232 Mobile Glen Williams@kbmail.net & From: Jeff Mettert Sent: Wednesday, August 2, 2017 8:48 AM TECHNICAL SOLUTIONS To: Mitchell, Krishna <Krishna.Mitch ell@level3.com> Cc: Glen Williams <Glen Williams kbmail.net>; Justen Phillips <Justen Phillips@kbmail.net>; Hurd, Todd <todd.hurd level3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Krishna, Glen is in meetings all day so I have to wait until he returns before we can discuss possible responses. I expected you to submit both applications at the same time. Now, with the specific stipulation that "A geotechnical report meeting the criteria of Federal Way Revised Code 19.145.250 is required with your application." being explicitly stated, we may not be able to sneak an exemption in without a Geotech report. They said the same thing about the wetland exemption however and we managed to get the exemption without one so, in the meantime while waiting for Glen to return, I suggest you submit the application for erosion hazard exemption. I have attached a copy of the original email with the app. already filled out for your convenience. Please CC all with any correspondence. Please call or email me with any questions of concerns. Thank you, Jeff Mettert K & B Technical Solutions (503) 650-6041x202 Jeff Mettert@kbmail.net From: Mitchell, Krishna[mailto.Krishna.Mitchell@leyel3.com] Sent: Wednesday, August 02, 2017 8:26 AM To: Jeff Mettert <Jeff Mettertkbmail.net> Cc: Glen Williams <Glen Williams@kbmail.net>; Justen Phillips <Justen Philli s kbmail.net>; Hurd, Todd <todd.hurd Ievel3.com>; Mercado, Pablo <Pablo.Mercado @ Level3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Jeff/ Glen, What's the game plan or estimated timeframe you'll need to get the additional documentation for " exemption for the erosion hazard area" to supplement the permit application? Krishna (Kris) Mitchell OSP Project Manager & Engineer 720-387-3342 office 303-378-2759 mobile krishna.mitchell@;eve]3.com From: David VanDeWeghe maiIto: David.VanDeWe he Ocityoffederalwa .com] Sent: Wednesday, August 02, 2017 7:34 AM To: 'Jeff Mettert' <Jeff Mettertkbmail.net>; Mitchell, Krishna <Krishna.Mitchel l level3.com> Cc: Glen Williams <Glen Williams@kbmail.net>; Justen Phillips <Justen Phillips kbmail.net>; Hurd, Todd <todd.hurd level3.com>; Mercado, Pablo <Pablo.Mercado Level3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Hi Jeff. Please include your partial exemption approval letter with your right-of-way permit application. It will expedite approval of your request. And this exemption only applies to the wetland buffer on S 3201h. I have not seen any requests for a partial exemption for the erosion hazard area. If you have not already done so, you will need to submit a separate partial exemption request. A geotechnical report meeting the criteria of Federal Way Revised Code 19.145.250 is required with your application. Dave Van De Weghe, AICP Senior Planner a.n e Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.com From: Jeff Mettert [mailto:Jeff Mettert@kbrnail.net] Sent: Tuesday, August 01, 2017 3:10 PM To: David VanDeWeghe; Mitchell, Krishna Cc: Glen Williams; Justen Phillips; Hurd, Todd; Pablo Mercado Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Hi Dave, I just received notification from Leve13 that the exemption for directional drilling along S 3361h St, through the wetland buffer, has been granted. Thank you very much! Do we need to present the letter granting exemption to the permit center to continue our permit request or will it be forwarded internally? Also, there is second area along our proposed route that lies within a critical area for which we were also seeking an exemption. The critical areas map I sent you on 7/28/17 (also attached here), shows an Erosion Hazard Area near the end of our route on S 3341h St. Is the exemption for that area still pending? Please CC all with any correspondence. Please call or email me with any questions of concerns. Thank you, Jeff Mettert K & B Technical Solutions (503) 650-6041x202 Jeff Mettert@kbmail.net From: David VanDeWeghe [mailto:David.VanDeWe he cit offederalwa .comj Sent: Monday, July 31, 2017 1:26 PM To: Jeff Mettert <Jeff Mettert@kbmail.net>; Mitchell, Krishna <Krishna.Mitchell@level3.com> Cc: Glen Williams <Glen Williams@kbmail.net>; Justen Phillips <Justen Phillips@kbmail.net>; Hurd, Todd <todd.hurd 1eve13.corn>; Pablo Mercado < ablo.mercado level3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Thank you Jeff. Dave Van De Weghe, AICP Senior Planner 4 Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cit offederalwa .cam From: Jeff Mettert [mailto:Jeff Mettertkbmaii.nct] Sent: Monday, July 31, 2017 12:33 PM To: David VanDeWeghe; Mitchell, Krishna Cc: Glen Williams; Justen Phillips; Hurd, Todd; Pablo Mercado Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Good afternoon Dave, This fiber build is not exclusive to one customer. The route is intended to provide service to multiple customers and the Leve13 sales engineering team is currently working with building/property owners to provide service but sales are pending and not executed. Please CC all with any correspondence. Please call or email me with any questions of concerns. Thank you, Jeff Mettert K & B Technical Solutions (503) 650-6041x202 Jeff Mettert@kbmail.net From: David VanDeWeghe [mailto:David.VanDeWe he cit offederalwa .cam] Sent: Monday, July 31, 2017 10:24 AM To: Jeff Mettert <Jeff Mettertkbmail.net>; Mitchell, Krishna <Krishna.Mitchell level3.com> Cc: Glen Williams <Glen Williams kbmail.net>; Justen Phillips <Justen Philli s kbmail.net>; Hurd, Todd <todd.hurd level3.com>; Pablo Mercado < ablo.mercado level3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Jeff, Thank you for the additional info. Can you also explain the purpose of the conduit installation? Specifically, who will benefit from the proposed project? Per our city code, partial exemptions are intended for infrastructure improvements with broad service enhancements rather than those serving a single site. See the code section in question below: The "public utility and other public improvements" shall not include improvements whose primary purpose is to benefit a private development, including without limitation interior roads or privately owned detention facilities installed within or during the construction of a residential subdivision, binding site plan, or other commercial development. The director may require supporting documentation to demonstrate compliance with partial exemptions. (FWRC 19.145.120.1) Thanks, Dave Dave Van De Weghe, AICP Senior Planner ur* a 4 Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.co m From: Jeff Mettert [mallto:Jeff Mettert@kbmail.net] Sent: Friday, July 28, 2017 1:42 PM To: Mitchell, Krishna; David VanDeWeghe Cc: Glen Williams; Justen Phillips; Hurd, Todd; Pablo Mercado Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) David, Please see the answers to your questions below in red. Please CC all with any correspondence. Please call or email me with any questions of concerns. Thank you, Jeff Mettert K & B Technical Solutions (503) 650-6041x202 Jeff Mettert@kbmail.net From: Mitchell, Krishna[mailto:Krishna.Mitc_hell@level3.com] Sent: Thursday, July 27, 2017 4:21 PM To: David VanDeWeghe <David.VanDeWe he cit offederalwa .com> Cc: Glen Williams <Glen Williams@kbmail.net>; Jeff Mettert <Jeff Mettertkbmail.net>; Justen Phillips <Justen Phillips@kbmail.net>; Hurd, Todd <todd.hurd level3.com> Subject: RE: wetlands partial exemption 17-103367-00-AD (Federal Way permit) Good Afternoon David, I've copied our engineering firm to provide feedback regarding your comments. Krishna (Kris) Mitchell OSP Project Manager & Engineer 720-387-3342 office 303-378-2759 mobile krishna. mitchell Ievel3.co m From: David VanDeWeghe [mailto:David.VanDeWeghe@citvoffederalway.com] Sent: Wednesday, July 26, 2017 5:10 PM To: Mitchell, Krishna <Krishna.Mitchell level3.com> Subject: wetlands partial exemption 17-103367-00-AD Good afternoon. I have a couple questions about your application for a partial exemption to allow drilling for conduits within a critical area along S 336th St. in Federal Way, Washington. 1. Sheet 7 of your application shows two areas labeled "Wetlands Critical Area." a. Does this map show a wetland or a wetland buffer? The permit drawing shows wetland, our project crosses through the wetland buffer just north of the actual wetland area. b. What is your source for this data? Is there an associated Wetland Report that classifies the wetlands and delineates the boundaries of the wetlands & their buffers? I found the wetland areas depicted on the "Critical Areas Map" PDF (attached with our project area called out) produced by the City of Federal Way and found on their website. I know of no report classifying or delineating the wetlands. The map is the only information I had to go by. 2. Your application states all work will take place in the right-of-way. a. Is the area in question paved? Will any vegetation be disturbed? Our work zone within the wetland buffer is entirely under the sidewalk. No vegetation will be disturbed. b. What are the temporary and permanent impacts of the proposed drilling on the wetlands in question? What is the sq. footage of the impacts? The permanent impacts that will remain after construction are the presence of the conduit, vaults, and fiber cable. There will be no potential for contamination of the wetland/wetland buffer. The square footage of the permanent impact is difficult to calculate. The vault has a footprint of 6 sq. ft. and the conduits will occupy approximately a 4" wide path along their entire length. In addition to the permanent impacts, the temporary impact also includes the possibility of a "Frac-out". Please see the attached "Frac-out Mitigation Contingency Plan" for an explanation. In addition to the square footage of the permanent impacts, the square footage of the temporary impacts includes the removal and replacement of the 8'x10' panel of sidewalk to set the vault. c. If there will be impacts, what mitigation measures are proposed? Please see the attached "Frac-out Mitigation Contingency Plan". Thanks for your help. Dave Van De Weghe, AICP Senior Planner Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.com