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15-106197MEMORANDUM Community Development Department DATE: January 22, 2016 FILE -- TO: Erik Earle, IT GIS Analyst FROM: Isaac Conlen, Planning Manager SUBJECT: Critical Area Update — Type Ns Stream The purpose of this memo is to request an update to the GIS stream layer (atlas page #63). According to the Critical Area Report prepared by Sewall Wetland Consulting, Inc. (copy enclosed), there is a Type Ns stream located on parcel #768190-0020. The city's consultant, Otak, reviewed the report and they concur. The Department of Community Development concurs with the report of the Type Ns stream. (See page 4 of the report for the mapped feature.) Approved Isaac Conlen, Planning Manager Enc. December 7, 2015, Report by Sewall Wetland Consulting Inc. File #15-106197-00-AD Doc 1D 72045 r 2511 Jim Ferrell, Mayor Ms. Christine Phillips BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 Re: File #15-106197-00-AD; 3— PARTY STREAM REVIEW BCRA-Telecare, 3343013th Place South, Federal Way Dear Ms. Phillips: January 22, 2016 FILE On December 8, 2015, the City of Federal Way received your December 7, 2015, request for third party review of the Critical Area Report/Stream Determination for the Telecare property, prepared by Sewall Wetland Consulting Inc. Per the report prepared by Sewall, the site contains a Type Ns stream, which requires a 35-foot buffer. The site also contains another drainage feature which is not a stream. REPORT The city forwarded your request to our consultant, Otak, for their review. Otak completed a site visit and reviewed relevant documents. Otak's January 20, 2016, technical memorandum states: "We agree with the stream classification (Type Ns) and buffer width determination (35 feet) for the stream on the project site per FWRC 19.145.270. We also agree that the second drainage feature shown on the City map does not qualify as a stream per FWRC 19.145.260. The OHWM along the Type Ns stream should be delineated in the field and shown on any development proposal to ensure compliance with FWRC 19.145." CLOSING The Ordinary High Water Mark (OHWM) along the Type Ns stream must be delineated in the field. The stream, associated buffer, and building setback must be delineated on the site plan of any development application in conformance with Federal Way Revised Code (FWRC) 19.145.150(4) and 19.145.260. As discussed at the Preapplication meeting in October 2015, if it is determined that the project does not affect the on - site stream, then "lands covered by water" would not be affected and SEPA would not be required. A Use Process II land use application is required rather than a Process III. The additional public notice you have agreed to perform can be discussed once application is made. Should you have any questions about this letter, I can be reached at 253-835-2634, or stacey,-,velshCu7..�.ityoffcdemlway.corn.. Sincerely, Stacey Welsh, AICP Senior Planner enc: Otak January 20, 2016, Technical Memorandum Doc. I. D. 72039 33325 8th Avenue South, Federal Way, WA 98003-6325 - (253) 835-7000 9 www.cityoffederalway.com Technical Memorandum loll w To: Stacey Welsh, Senior Planner, City of Federal Way From: Jeff Gray, Senior Wetland Biologist Kevin O'Brien, Senior Ecologist 11241 Willows Road NE Copies: File Suite 200 Redmond, WA 98052 Phone (425) 8224446 Date: January 20, 2016 Fax (425) 827-9577 Subject: Telecare — Stream Determination 33430 13`h Place South, Federal Way Parcels: #768190-0010 & #768190-0020 Project No.: 032285.0 At the request of the City of Federal Way (City), Otak, Inc. biologists reviewed the Stream Determination report (dated December 7, 2015) prepared by Sewall Wetland Consulting, Inc. for parcels #768190-0010 and #768190-0020 located at 33430 13'' Place South in Federal Way, Washington. The report was reviewed for consistency with the requirements of the Federal Way Revised Code (FWRC) Chapter 19.145, "Environmentally Critical Areas," especially FWRC 19.145.270 (Stream Buffers). A site visit to the subject properties was conducted on January 14, 2016 to inspect the stream and drainage features identified in the report, and identify any other potential regulated features per FWRC Chapter 19.145. This memorandum presents the findings of our review. Summary of Applicant's Stream Determination Report The Stream Determination report from Sewall Wetland Consulting, Inc. documents a southerly flowing stream on the east side of parcel #768190-0020 that flows into a culvert with a trash rack. The stream is described as arrintermittendy flowing system based on the low flows observed during site visits in November 2015 following periods of heavy rain. Due to the apparent seasonal flow and lack of fish access, the stream is suggested to meet the criteria of a Type Ns (non -fish habitat, seasonal) water, which has a 35-foot buffer measured from the ordinary high water mark (OHWNv . A second mapped drainage shown on the City map is described in the report as an artificially created overflow from the southerly flowing Type Ns stream. It is lined with riprap, and connects to the Type Ns stream approximately 15 feet north of the where the Type Ns stream enters the culvert and flows underground. The report states there is no well-defined drainage to the west of the Type Ns stream as shown on the City maps, and that it is an artificial overflow feature rather than a stream. Stacey Welsh, Senior Planner, City of Federal Way 33430 13`h Place South, Telecare — Stream Determination Background Review and Field Inspection Page 2 January 20, 2016 The Type Ns stream identified in the report is an unnamed tributary to West Fork Hylebos Creek. It flows into a culvert as described in the report, and then west toward 13`h Place SE in an underground pipe. It is situated high in the watershed, and receives stormwater runoff from the surrounding urban landscape. Regarding flow regime, the Type Ns stream is not mapped per the Washington Department of Natural Resources (WDNR) Forest Practices Application Mapping Tool, nor by the Washington Department of Fish and Wildlife (WDFW) SalmonScape mapping application that utilizes the National Hydrography Dataset (NHD). Salmonscape shows an unnamed tributary with an intermittent flow regime beginning approximately 1000 feet south of the project site, which is also shown on WDNR's mapping tool as fish presence "Uknown". During the site inspection in January 14, 2016, the Type Ns stream was inspected for the presence of benthic macroinvertebrates that would potentially indicate the presence of perennial flows. Three separate sections of the stream in the project area were inspected, but no benthic macroinvertebrates were observed. Due to the stream reach's location high in an urbanized watershed and lack of observed benthic macroinvertebrates in the stream reach, Otak agrees that the stream has an intermittent flow regime. Regarding fish presence in the stream reach on the project site, WDFW's Salmonscape application shows two total fish passage blockages south of South 336`h Street due to dams that were previously constructed for flood control. It is highly unlikely that anadromous fish from the main stem of West Fork Hylebos Creek can reach the project site. Resident fish are also not likely present due to the intermittent flow regime of the Type Ns stream, and the apparent lack of aquatic habitat refugia available during low flow conditions north of South 336`h Street, as the stream is mainly piped underground. The other drainage feature (i.e., pathway) identified in the report and shown on the City map was not identified as a stream in the field due to the absence of an OHWM. Indicators of an OHWM, such as defined bed and banks and gravel sorting, were not observed. Additionally, no evidence of erosional scour or rilling was observed as English ivy (Hedera helix) was growing within the drainage feature. English ivy typically grows in upland habitats. The drainage feature directs overflow water from the Type Ns stream to three inlets that drop into the underground piped system presumably during storm events of sufficient magnitude, but not at a frequency to make an impression on the landscape separate from the surrounding uplands (see Photo 1). Stacey Welsh, Senior Planner, City ofFederal Way 33430 13`h Place South, Telecare — Stream Determination Summary of Findings Page 3 January 20, 2016 We agree with the stream classification (Type Ns) and buffer width determination (35 feet) for the stream on the project site per FWRC 19.145.270. We also agree that the second drainage feature shown on the City map does not qualify as a stream per FWRC 19.145.260. The OHWM along the Type Ns stream should be delineated in the field and shown on any development proposal to ensure compliance with FWRC 19.145. Photo 1. Photo of drainage pathway (indicated by the blue arrow) that is indistinct from the surrounding uplands and overgrown with English ivy; view east. '�.a,W WETLAND CONSULTANT 4" ' AUTHORIZATION FORM Date: December 14, 2015 City: City of Federal Way Community Development Department 33325 8 h Avenue South Federal Way, WA 98003 Consultant: Kevin O'Brien Otak 11241 Willows Road NE, Suite 200 Redmond, WA 98052 Project: Telecare — Stream Determination 33430 13U' Place South, Federal Way Parcels: 768190-0010 & 768190-0020 File No.: 15-106197-00-AD Project Proponent: Christine Phillips BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 ,q�)S(@.bcradesign.com �i )S(@.bcradesign.com Project Planner: Senior Planner Stacey Welsh stace .welshQcit al'federahvay.com, 253-835-2634 Project Background: The applicant is interested in developing the 2.36-acre site, which contains a stream. Prior to submitting permit applications, review of the stream determination report is requested. Documents Provided: a Critical Area Report, prepared by Sewall (report date: December 7, 2015) Task Scope: 1. Review the stream determination for consistency with the requirements of Federal Way Revised Code (M]KC) Chapter 19.145, "Environmentally Critical Areas," (recently updated per Ordinance No. 15-797) especially: a. FWRC 19.145.270 (Stream Buffers) RECEIVE® JAN 0 8 2016 CITY OF FEDERAL WAY CDS Task Scope: 2. Conduct site visit(s) as necessary. 3. Provide written response to findings, recommendations, and request additional information from applicant if needed. 4. Possible meeting with applicant's wetland biologist. 5. Review of resubmitted/corrected documents as needed. 6. Project management as necessary if additional land use review is required. Task Cost: Not to exceed $� �, . without a prior written amendment to this Task Authorization. Acceptance: Consultant Date X. City of Federa i Way —Staff . I _ rn*% 4 rill, Applicant Wetland Consultant Authorization ronn Page -2- 1- l��G Date 11-1 Date File 415-1061.97-00-AD / Doc ID 71690 � �7�p� BV�LDfti Qeratw WETLAND CONSULTANT AUTHORIZATION FORM 'UJ ,ham Date: December 14, 2015 City: City of Federal Way Community Development Department 33325 8th Avenue South Federal Way, WA 98003 Consultant: Kevin O'Brien Otak 11241 Willows Road NE, Suite 200 Redmond, WA 98052 Project: Telecare — Stream Determination 33430 13th Place South, Federal Way Parcels: 768190-0010 & 768190-0020 File No.: 15-106197-00-AD Project Proponent: Christine Phillips BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 cph i l l i ps@bc rades i gn .corn Project Planner: Senior Planner Stacey Welsh Stacey.welshO,cityoffederalway.com, 253-835-2634 Project Background: The applicant is interested in developing the 2.36-acre site, which contains a stream. Prior to submitting permit applications, review of the stream determination report is requested. Documents Provided: + Critical Area Report, prepared by Sewall (report date: December 7, 2015) Task Scope: 1. Review the stream determination for consistency with the requirements of Federal Way Revised Code (FWRC) Chapter 19.145, `Environmentally Critical Areas," (recently updated per Ordinance No. 15-797) especially: a. FWRC 19.145.270 (Stream Buffers) Task Scope: 2. Conduct site visit(s) as necessary. 3. Provide written response to findings, recommendations, and request additional information from applicant if needed. 4. Possible meeting with applicant's wetland biologist. 5. Review of resubmitted/corrected documents as needed. 6. Project management as necessary if additional land use review is required. Task Cost: Not to exceed $ �, Q without a prior written amendment to this Task Authorization. Acceptance: Consultant Date -jlex — City of Federal Way Staff Applicant I _I Date Date Wetland Consultant Authorization Form Page -2- File #15-106197-00-AD / Doc ID 71690 Jim Ferrell, Mayor January 7, 2016 Ms. Christine Phillips BCRA FILE 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 Re: File #15-106197-00-AD; CONSULTANT REVIEW ESTIMATE Telecare Stream Determination, 33430 13�h Place South, Federal Way Dear Ms. Phillips: Enclosed please find the consultant task authorization with the scope of work for review of the Telecare Stream Determination report. The Department's consultant, Otak, was asked to provide an estimate for their review of information prepared by Sewall. The normal course of action is for the City to set up an account to be funded by the applicant and drawn down by the work performed by Otak. Please note that if any of the funds are not used, they will be returned to the applicant. A check in the amount of $1,600.00, payable to the City of Federal Way, and signature on the consultant authorization form must be submitted before the review will begin. Please note —this fee will cover the review of the materials, field review, memorandum, plus one revision review. Any meeting would occur during Otak's field review if requested by the applicant. Additional reviews or meetings beyond that will require a supplemental cost and authorization. Following receipt, I will authorize Otak to begin their formal review. If you have any questions regarding this letter or your project, please contact me at 253-835-2634, or stacey.welsh@cityoffederalway.com. Sincerely, Stacey Welsh, AICP Senior Planner enc: Task Authorization Form City of Federal Way Invoice Doc. I.D. 71898 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 • www.cityoffederalway.com Jim Ferrell, Mayor December 14, 2015 Mr. Kevin O'Brien Otak 11241 Willows Road NE, Suite 200 Redmond, WA 98052 1:1LE Re: File #15-106197-00-AD; REQUEST FOR THIRD PARTY REVIEW Telecare Stream Determination, 33430 13th Place South, Federal Way Dear Mr. O'Brien: Please find the enclosed task authorization form and critical area report for third party review of the Telecare Stream Determination. City staff is requesting review pursuant to the agreed terms of the on -call contract. Please review the scope of work on the task authorization form, enter the task cost on page two of the document, and -return it to the city. Following the deposit of funds by the applicant, staff will provide you with an authorization to proceed with the scope of work. Please contact me at 253-835-2634, or st ce -.welsh r ci offederalwa .com if you have any questions regarding this task. Sincerely, Stacey Welsh, AICP Senior Planner enc: Task Authorization Form Critical Area Report Doc. ID. 717 10 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 - www.cityoffederalway.com WETLAND CONSULTANT 5A& N AUTHORIZATION FORM Date: December 14, 2015 City: City of Federal Way Community Development Department 33325 8"' Avenue South Federal Way, WA 98003 Consultant: Kevin O'Brien Otak 11241 Willows Road NE, Suite 200 Redmond, WA 98052 Project: Telecare — Stream Determination 33430 13`�' Place South, Federal Way Parcels: 768190-0010 & 768190-0020 File No.: 15-106197-00-AD Project Proponent: Christine Phillips BCRA 2106 Pacific Avenue, Suite 300 Tacoma, WA 98402 253-627-4367 cphillipsO, laoradesi n.com Project Planner: Senior Planner Stacey Welsh stace .welsh ci ❑ffederalwa .com, 253-835-2634 Project Background: The applicant is interested in developing the 2.36-acre site, which contains a stream. Prior to submitting permit applications, review of the stream determination report is requested. Documents Provided: • Critical Area Report, prepared by Sewall (report date: December 7, 2015) Task Scope: 1. Review the stream determination for consistency with the requirements of Federal Way Revised Code (FWRC) Chapter 19.145, "Environmentally Critical Areas," (recently updated per Ordinance No. 15-797) especially: a. FWRC 19.145.270 (Stream Buffers) Task Scope: 2. Conduct site visit(s) as necessary. 3. Provide written response to findings, recommendations, and request additional information from applicant if needed. 4. Possible meeting with applicant's wetland biologist. 5. Review of resubmitted/corrected documents as needed. 6. Project management as necessary if additional land use review is required. Task Cost: Not to exceed $ without a prior written amendment to this Task Authorization. Acceptance: Consultant City of Federal Way Staff Applicant Date Date Date Wetland Consultant Authorization Form Page -2- File #15-106197-00-AD / Doc ID 71690 -VYIA 11- 7- 13 RECEIVED DEC 0 8 2015 REQUEST FOR ADMINISTRATIVE DECISION DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 81" Avenue South CITY OF - - CITY OF FEDERAL WAY Federal Way, WA 98003-6325 Federal WayCDS 253-835-2607; Fax 253-835-2609 www.citvoffederalway.com FILE NUMBER - v -q_ --7 — 0 0— " e Applicant NAME Christine Phillips BUSINESS/ORGANIZATION BCRA MAD.ING ADDRESS 2106 Pacific Ave Suite 300 CITY Tacoma STATE ZIP WA 98402 I?-/.9/1j"�- PRIMARY PHONE (253) 627-4367 ALTERNATE PHONE E-MAD. cphillips@bcradesign.com FAX (253) 627-4395 Property Address/Location 33500130'PiS.Eadera1Way.WA980031 Parrels 76 1 00010 & 7681900020 Description of Request Review of Stream Determination letter by Sewell Wetland Consulting. Inc. dated Dec 7 20I5. Stream is designated t Ns with 35' buffer. Remainder of drainage to south and west is artificial and not considered a water of the state or stream er WDFW. List/Describe Attachments Stream Determination letterby Sewell Wetland Consultin Inc. dated Dec 7 2015. For Staff Use ❑ Code Interpretation/Clarification - No Fee X Critical Areas Letter/Analysis/Peer Review - No Fee (Actual Cost if Applicable) ❑ Request for Extension (Land Use/Plat Approval) - $62/hour ❑ Revisions to Approved Permit - $62/hour ❑ Tree Removal - No Fee ❑ Work Hours Variance _ $62/hour ❑ Zoning Compliance Letter - $100 El Bulletin 4079 — September 10, 2015 Page 1 of 1 k:UIandouts\Request for Administrative Decision e Sewall Wetland Consulting_, Inc. - — = PO Box 880 Phone: 253.559-0515 FaH City, WA 980E December 7, 2015 Jim Wolch BCRA 2106 Pacific Ave suite 300 Tacoma, WA 98402 RE: Telecare Stream Determination — 768190-0010 & 768190-0020 City of Federal Way, Washington SWC Job # 15-187 Dear Jim, This report describes our observations of jurisdictional streams and/or buffers on or within 100' of Parcels #768190-0010 & 768190-0020. These parcels are located on the east side of 13t' Place S in the City of Federal Way, Washington (the "site"). Above: Vicinity Map of site The purpose of our investigation was to review the drainage features on the site to determine which if any, are jurisdictional streams. The City of r� Telecare/#15-187 Sewall Wetland Consulting, Inc. December 7, 2015 Page 2 Federal Way Commercial Site Inspection Maps for the site depict a south flowing drainage entering the eastern side of the site, as well as a westerly flowing drainage along the south boundary of the eastern parcel. Above: City of Federal Way mapping of drainages on the east side of the site. OBSERVATIONS The site consists of an abandoned paved area on the western parcel, as well as a disturbed forested area on the east. Several abandoned vagrant camps with associated trash and debris were noted in the forested area. A deeply dug ditch enters the east side of the site and flows into a culvert with a trash rack which enters an underground storm system and is assumed to flow westerly in a culvert. The ditch contains several check dams, and based upon the low flows observed during our site visits in November following periods of heavy rain, this appears to be an Telecare/#15-187 Sewall Wetland Consulting, Inc. December 7, 2015 Page 3 intermittent flowing feature. Although this feature has been channelized, it does appear to contain some natural flow and appears to be a ditched stream. Given its apparent seasonal flow, lack of fish access to the channel, this stream appears to best meet the criteria of a Type Ns water. According to FWMC 19.145.270.1, Type Ns streams have a 35' buffer measured from the OHWM. Type Ns stream on east side of site looking north from culvert. As previously described, a second mapped drainage is shown on the City of Federal Way maps along the south side of the eastern parcel. This consists of a poorly defined artificially created overflow from the Type Ns stream. On the east side of the Type Ns stream about 15' north of the Telecare/#15-187 Sewall Wetland Consulting, Inc. December 7, 2015 Page 4 culvert, is a rip -rap lined overflow area cut in the top of the ditch. There is no well-defined drainage to the west as shown on the City map. There are several trash rack lined catch basin type features on an asphalt lined depression along the southeast side which appear to enter a vault. In order to get a definitive determination on these features I had Larry Fisher, the area habitat biologist for WDFW visit the site with me on November 12, 2015 to determine which if any of these features meet the definition of a stream. As detailed in the email follow up to our site visit (attached), Larry agreed that only the eastern ditch contained a stream and the one depicted flowing west is an artificial overflow feature and not a stream. Telecare/#15-187 Sewall Wetland Consulting, Inc. December 7, 2015 Page 5 If you have any questions in regards to this report or need additional information, please feel free to contact me at (253) 859-0515 or at esewallQsewallwc. com . Sincerely, Sewall Wetland Consulting, Inc. Ed Sewall Senior Wetlands Ecologist PWS #212 Attached: email correspondence with WDFW Page 1 of 4 Ed Sewall From: "Fisher, Larry D (DFW)" <Larry.FisherPdfw.wa.gov> Date: Tuesday, November 17, 2015 7:53 AM To: "Ed Sewall" <esewalI@sewallwc.com> Subject: RE: Federal Way Ed: Thanks for summarizing our meeting so effectively. I agree with what you wrote below. 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 <')(0)>< <1101>< From: Ed Sewall [mailto:esewall@sewallwc.com] Sent: Monday, November 16, 2015 11:24 AM To: Fisher, Larry D (DFW) Subject: Re: Federal Way Larry, Thanks for meeting me on the Telecare site in Federal Way last week to review the mapped streams/drainages as shown on the below City of Federal Way map. This email is to confirm that you are in agreement that the only stream on the site is the drainage that crosses from north to south along the eastern edge of the site. After our site visit you confirmed that the drainage shown below on the City map going from east to west across the south end of the site is a totally artificial feature and would not be considered a stream by WDFW. Thanks! Ed Sewall Sewall Wetland Consulting, Inc. (253) 859-0515 12/7/2015 Page 2 of 4 From: Fisher, Larry D (DFW) Sent: Thursday, November 12, 2015 8:32 AM To: Ed Sewall Subject: RE: Federal Way OK, Ed, see you about 1:45. 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: Ed Sewall fmailto:esewall@sewallwc.coml Sent: Thursday, November 12, 2015 8:20 AM To: Fisher, Larry D (DFW) Subject: Re: Federal Way Larry, you can park right along road on 13th Place if front of the site. Ed 12/7/2015 Page 3 of 4 From: Fisher, Larry D (DFW) Sent: Thursday, November 12, 2015 7:44 AM To: Ed Sewall Subject: RE: Federal Way I have the address. I think we need to identify a parking location. Larry Fisher WDFW Area Habitat Biologist 177512th Ave NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 425-427-0570 Cell: 425-449-6790 <')(())>< <110 >< From: Ed Sewall [mailto: esewall sewallvuc.�oml Sent: Wednesday, November 11, 2015 1:41 PM To: Fisher, Larry D (DFW) Subject: Re: Federal Way Yes, that will work, was the map I sent you good enough so you can find the site? Ed From: Fisher Larry D (DFW) sent: Tuesday, November 10, 2015 4:09 PM To: Ed Sewall Subject: RE: Federal Way Hi Ed: I can meet you there at 1:45 Thursday. Will that work for 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: Ed Sewall mail o: w II wallwc. m Sent: Tuesday, November 10, 2015 9:13 AM To: Fisher, Larry D (DFW) Subject: Federal Way Larry, I have a site in Federal Way that's in the Hylebos drainage (see attached map). There is a stream along the east side of the site, but then there is this odd constructed overflow the City thinks is possibly a stream. Doesn't look it to me and I wanted to see if you had time to meet there and take a look at it with me. Let me know what would work. 12/7/2015 Page 4 of 4 Ed Sewall Sewall Wetland Consulting, Inc. PO Box 880 Fall City, WA 98024 (253) 859-0515 12/7/2015