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04-102513BILE CITY OF �. Federal September 12, 2007 CITY HALL 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Dyanne Sheldon 10230 NE Points Drive, Suite 400 Kirkland, WA 98033 RE: File #04-102513-00-SE; Re -Issuance of Authorization to Proceed (from September 8, 2006) Gill SEPA for Short Plat & Wetland Violation, 2420 South 298tb Street, Federal Way Dear Ms. Sheldon: The purpose of this letter is to authorize the services of Otak to conduct work identified in the May 22, 2006, Sheldon task authorization, in order to continue review of the wetland fill conducted at the site in the mid 1990's. Previous review work by Sheldon & Associates was authorized in Scopes of Work (SOWS) dated June 9, 2004, and July 9, 2004. The current May 22, 2006 SOW, identifies several tasks to be completed with the estimated funds in the amount of $3,350.00, including review of the file, reports, and Federal Way City Code (FWCC); conduct an on -site meeting with B-12 Associates, the applicant's wetland biologist, to jointly determine the location of the wetland edge as it has not been formally delineated (and the B-12 staff person who did the initial delineation analysis has left the firm); review a revised wetland and buffer restoration plan that includes the agreed upon wetland delineation edge; and associated correspondence and review. Any unused funds will be returned to the applicant at the conclusion of the project. At this time, funds in the amount of $3,350.00 have been paid by the applicant. Please consider this letter as an authorization to proceed with the review as detailed in your May 22, 2006 SOW, not to exceed $3,350.00. Please advise me of the arranged meeting date between your firm and B-12 so that City staff can attend. I can be reached at 253-835-2641 if you have any questions about this letter. Sincerely, eqAX19611� Laura Kim Associate Planner c: John Rutland, 945 North Central Avenue, #104, Kent, WA 98032 Kashmir Gill. 2420 South 298" Street, Federal Way, WA 98003 Doe. I.D. 42351 REr - VED SY Qff,IUNliY DE, )PMEN7 DEPARIMENI - Patrick M. Hanis Michael M. Hanis JUN IEIBrian 10 U 1 2007 Sarah K.Wahl John J. Greaney Karen J. Scudder Greg L. Girard J. Hanis Dennis J. Shanhan* Mark W. Prothero HAMS GREANEY - PLLC Florian "Ian" Purganan Jamie L. Danielson Michael Ditchik** ATTORNEYS EYS AT LAW Cynthia A. Irvine*** *CPA/LLM **Also admitted in New York and Washington DC ***Also admitted in Virginia phanis@hgzlaw.com May 31, 2007 City of Federal Way Attn: Deb Barker 33525 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 RE: File #04-102513-SE; Gill SEPA for Short Plat/Wetland Violation Dear Ms. Barker: Pursuant to your letter of August 22, 2006, and my letter of September 5, 2006, we were expecting that the environmental review would continue. 1 understand that my client paid the fee for the work to be performed. We have not heard anything further to date_ We would appreciate an update of the City's wetland consultant. Very Truly Yours, Patrick M. Hanis 6703 South 234th Street, Suite 300 • Kent, Washington 98032-2900.253.520.5000 • Fax 253.893.5007 CITY OF Federal Way Ms. Dyanne Sheldon OTAK, Inc. 10230 NE Points Drive, Suite 400 Kirkland, WA 98033 _1i J,(Y HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Re: File #04-102513-00-SE; AUTHORIZATION TO PROCEED Kashmir Gill Short Plat = Continued Investigation of Wetland Violation Dear Ms. Sheldon: September 8, 2006 The purpose of this letter is to authorize the services of Otak to conduct work identified in the May, 22, 2006, Sheldon task authorization, in order to continue review of the wetland fill conducted at the site in the mid 1990's. Previous review work by Sheldon & Associateg was authorized in Scopes of Work (SOWS) dated June 9, 2004, and July 9, 2004. The current May 22, 2006, SOW identifies several tasks to be completed with the estimated funds in the amount of $3,350.00,' including review of the file, reports, and Federal Way City Code (FWCC); conduct an on -site meeting with B-12 Associates, the applicant's wetland biologist, to jointly determine the location of the wetland edge as it has not been formally delineated (and the B-12 staff person who did the initial delineation analysis has left the firm); review a revised wetland and buffer restoration plan that includes the agreed upon wetland delineation edge; and associated correspondence and review. Any unused funds will be returned to the applicant at the conclusion of the project. At this time, funds in the amount of $3,350.00 have been paid by the applicant. Please consider this letter as an authorization to proceed with the review as detailed in your May 22, 2006 SOW, not to exceed $3,350.00. Please advise me of the arranged meeting date between your firm and B-12 so that City staff can attend. I can be reached at 253-835-2642 if you have any questions about this letter. Sincerely, Ah- 16A_kt. Deb Barker Senior Planner enc: May 22, 2006, SOW c: Martin Nordby, Code Compliance Officer Tamara Fix, Administrative Assistant Kashmir Gill, 2420 South 298`h Place, Federal Way, WA 98003-4218 I The task authorization estimated funding in the amount of $4,160.00. In a June 26, 2006 conversation, Dyanne Sheldon determined that only one Sheldon staff person, not two, would be necessary to meet with B-12 at the subject site and delineate the wetland edge. Therefore, the cost estimate was revised by $810.00 (eight hours at $90.00/hour), and reduced accordingly to $3,350.00. Doc I D 37944 GILL PRELIMINARY SHORT PLAT ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Gill Preliminary Short Plat 2. Name of applicant: Mr. Kashmir Gill 3. Address and phone number of applicant and contact person: Mr. Kashmir Gill 2420 S. 298`h St. Federal Way, WA 98003 (253) 946-0310 Agent for Applicant: B-twelve Associates, Inc. 1103 W. Meeker St. Kent, WA 98032 (253) 859-0515 Contact: Susan L. Burgemeister 4. Date checklist prepared: May 24, 2004 5. Agency requesting checklist: City of Federal Way, WA 6. Proposed timing or schedule (including phasing, if applicable): Completion of the short plat -Fall 2004 7. Do you have any plans for future additions, expansions, or further activity related to or connected with this proposal? If yes, explain. One residence may be constructed on each of the 3 northern lots in the future. As shown on the preliminary short plat map, driveway access will be provided for all loF,s. RIEGE N E D JUN 9. 4 ?r"'d CITY OF FEDERAL WAY BUILDING DEPT. RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 2 of 14 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. -Wetland and Stream Analysis Report and Buffer Enhancement Plan, by B-twelve Associates, Inc., dated May 25, 2004. -Landscape/tree Replacement Plan, by Lauchlin R. Bethune Associates -Preliminary Technical Information Report (TIR), by John J. Pittman, PE 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are known. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Preliminary and final short plat approval Grading and storm drainage plan approval 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. The project will subdivide the existing 2-acre lot into 4 lots, creating 3 new lots for single-family residences and preserving the existing home on the parcel. The lots will range in size from 9, 000 sf to 22,700sf. The new lots will be served by a new private road constructed as a continuation of South 29e Place, and named 241h Place South. The project will also include a storm drainage pond. 12. Location of the proposal. The property is located along the north side of S. 298�h Place and east of S. 296rh Place if extended. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site: Flat, rolling hilly, steep slopes, mountainous, other: RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 3 of 14 b. What is the steepest slope on the site (approximate percent slope)? The parcel slopes from south to north at approximately ten percent. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. The soils are Arents/Alderwood (AmQ, which are Hydrologic Group C. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None are known. e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. The project is not expected to require any fill material. The construction of the access road will require very little grading, as the new road will be built nearly at existing grade. The total size of the driveway tract is 11,500 sf. The construction of the stormpond will require a cut of approximately 720 cubic yards. Grading for the individual homes will be typical to construction on 10% slopes. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Because the site is primarily flat or slightly sloped, no long-term erosion is expected. Erosion during construction will be controlled according to the approved Sediment and Erosion Control Plan for the project. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? After the access and future residences are constructed, approximately 25-30% of the site will be covered with impervious surfaces. RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 13-twelve Associates, Inc. May 25, 2004 Page 4 of 14 h. Proposed measures to reduce or control erosion, or other impact to the earth, if any: BMP's including silt fencing and hydroseeding will be employed. A temporary erosion and sediment control plan will be submitted at the civil stage. 2. Air a. What types of emissions to the air would result from the proposal .(i.e. dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known. Some machinery exhaust may be emitted during construction. Emissions typical to single-family- residences are expected when project is complete b. Are there any off -site sources of emissions or odors that may affect your proposal? If so, generally describe. None are known. C. Proposed measures to reduce or control emissions or other impacts to air, if any: None 3. Water a. Surface 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. A Category II wetland and Major Stream are located offsite to the north. The buffer of the wetland and stream extends approximately 85' into the northern end of the project site. See Wetland and Stream Analysis Report and Buffer Enhancement Plan, by B-twelve Associates, dated May 25, 2004. RE:. Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 5 of 14 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. All construction will be completed outside of the sensitive areas and their required buffers. Buffer enhancement will occur within the buffer to mitigate far a clearing violation that removed primarily blackberries. 3. Estimate the amount of fill and dredge material that would be placed in or removed from the surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No grading will occur within sensitive areas or their required buffers. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. No surface water withdrawals or diversions are proposed. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No, the site is not within a 100 year floodplain. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Discharge of waste materials to surface water is not proposed. b. Ground 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. No groundwater will be withdrawn, nor will water be discharged to groundwater. RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 6 of 14 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the systems are expected to serve. The site is connected to sewer; therefore, no waste material will be discharged into the ground. C. Water Runoff (including storm water): L Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other water? If so, describe. A combined detention/water quality pond is proposed at the north end of the site. Please see attached TIR. 2. Could waste material enter ground or surface waters? If so, generally describe. No waste material will enter ground or surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Please see Sections III and IV in TIR (attached). 4. Plants a. Check or circle types of vegetation found on the site: X�deciduous trees: _X_evergreen trees: _X_shrubs _X_grass alder, maple, aspen, other fir, cedar, pine, other _pasture crops or grains wet soil plants: cattail, buttercup, bulrush, other water plants: water lily, eelgrass, milfoil, other other types of vegetation RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 7 of 14 b. What kind and amount of vegetation will be removed or altered? Several trees were removed from the site without a permit. These trees will be replaced, and additional trees will also be planted in order to meet landscape requirements. In addition, buffer enhancement will occur within the buffer to mitigate for a clearing violation that removed primarily blackberries. C. List threatened or endangered species known to be on or near the site. None are known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Landscaping requirements will be met on the site. (See Landscape Plan) In addition, native plants will be installed in the wetland/stream buffer, as described above and in B-twelve's "Gill Preliminary Short Plat, Wetland and Stream Analysis Report and Buffer Enhancement Plan ", dated May 25, 2004. 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawks, heron, eagle, soniabird, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. The offsite Major Stream may carry salmonid species during part of the year. RE:. Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 8of14 C. Is the site part of a migration route? If so, explain. None are known. d. Proposed measures to preserve or enhance wildlife, if any: Wetland and stream buffers will be observed. Buffer enhancement, tree replacement, and tree retention will occur on the site. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electricity will be used for heating and general purposes in the residences. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. None are known. 1. Describe special emergency services that might be required. N/A 2. Proposed measures to reduce or control environmental health hazards, if any: N/A RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 9 of 14 b. Noise 1. What types of noise exist in the area which may affect your project (for example- traffic, equipment, operation, other)? Some airplane noise from Sea-Tac Airport. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Minor construction noise (short-term) will occur during building of the homes. Minimal traffic noise could be a long-term effect. 3. Proposed measures to reduce or control noise impacts, if any: None 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The site currently has one single-family residence. Properties to the east and west are single-family, and protected sensitive areas are located to the north. b. Has the site been used for agriculture? If so, describe. C0 C. Describe any structures on the site. One single-family mobile home and one garage. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? RS9.6 (Single Family Residential, 1 unit/9, 600 sq. ft.) RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 10 of 14 f. What is the current comprehensive plan designation of the site? Single Family High Density g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify: Buffers extend onto the site from the offsite wetland and stream. See "Wetland and Stream Analysis Report and Buffer Enhancement Plan". by B-twelve Associates, dated May 25, 2004. i. Approximately how many people would reside or work in the completed project? The 4 residences that could be constructed on site would typically house 2-6 people per home. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project is consistent with the single-family lots to the east and west of the site. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. One house will be placed on each lot in the future; therefore, 3 new houses will be provided, in addition to the existing house on the site. RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 11 of 14 b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle or low-income housing. None. C. Proposed measures to reduce or control housing impacts, if any: None 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas? What is the principal exterior building material(s) proposed? No new structures are proposed on the site for this application. Project will meet standard height requirements of the City of Federal Way. b. What view in the immediate vicinity would be altered or obstructed? None are known. C. Proposed measures to reduce or control aesthetic impacts, if any: None. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Small houselights and automobile headlights are likely to be noticeable after dark. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off -site sources of light or glare may affect your proposal? None are known. RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 12 of 14 d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? None are known or designated. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts of recreation, including recreation opportunities to be provided by the project or applicant, if any: 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. None. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. C. Proposed measures to reduce or control impacts, if any: None. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on -site plans, if any. South 298`h St. is located at the south end of the site. The driveway for the RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 13 of 14 existing house on the site enters on S. 298"' St. Access for the remaining 3 lots will be located on an extension of South 296`h Place b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The nearest bus stop (K.C. Metro) is approximately 0.8 miles from the site. C. How many parking spaces would the completed project have? How many would the project eliminate? Two standard parking spaces will be provided for each home. The project will have a driveway for each new residence. The project will not eliminate any parking spaces. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). As stated above, South 296th Place will be extended east and south as access to the north 3 lots. The new road will be a private road. e. Will the project use (or occur in the immediate vicinity of) water, rail or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Traffic volumes are not known at this time. A Traffic Impact Study will be submitted at the civil stage. g. Proposed measures to reduce or control transportation impacts, if any: None RE: Environmental Checklist Gill Preliminary Short Plat/Job #A3-162 B-twelve Associates, Inc. May 25, 2004 Page 14 of 14 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No, the need for public services will increase only slightly to serve the 3 new homes. b. Proposed measure to reduce or control direct impacts of public services, if any: N/A 16. Utilities a. Circle utilities currently available at the site: electrici , natural gas, water, refuse services, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on the site or in the immediate vicinity which might be needed. The existing utilities will be extended to each new residence. SIGNATURE The above answers are true and complete to th best of my knowledge. I understand that the lead agency is relying on; em to make its decision. Signature of Ahhlicant. Date ag 04 Signature of Agenl Date Z p Date Submitted File: dm/A3162-Gi1VA3162-Gill-SEPA.doc CITY OF A�k Federal Way June 27, 2006 Mr. Kashmir Gill 2420 298"' Place Federal Way, WA 98003-4218 FILE CITY HALL 33325 8th Avenue South Mailing Address: PO Box 971,8 Federal Way, WA 98063-9718 ' (253) 835-7000 www.cityoffederalway.com RE: File #04-102513-00-SE; GILL SEPA FOR SHORT PLAT & WETLAND VIOLATION Dear Mr. Gill: The purpose of this letter is to advise you of a revision to the Sheldon & Associates Scope of Work (SOW) for continued review of the revised wetland report prepared by B-12 Wetland Consultants, and wetland delineation for the site previously impacted by illegal filling. On May 30, 2006, the City forwarded the current Sheldon SOW, dated May 22, 2006, which identified several tasks to be completed with the estimated funds, including review of the file, reports and FWCC; conduct an on -site meeting with B-12 Associates to jointly determine the location of the wetland edge as it has not been formally delineated (and the B-12 staff person who did the initial delineation analysis has left the firm); review a revised wetland and buffer restoration plan that includes the agreed upon wetland delineation edge; and associated correspondence and review. A cost estimate of $4,160.00 was identified for these tasks. Any unused funds will be returned to the applicant at the conclusion of the project. In a June 26, 2006 conversation, Dyanne Sheldon determined that only one Sheldon staff person not two, will be necessary to meet with you at the subject site and delineate the wetland edge. Therefore, the cost estimate is revised by $810.00 (8 hours at $90.00/hour), and reduced to $3,350.00. If you agree with the cost estimate, a check in the amount of $3,350.00, payable to the City of Federal Way, must be submitted before Sheldon & Associates will be authorized to continue review on this project and meet with B-12. As noted above, any unused funds will be returned to you at the conclusion of the project. I can be reached at 253-835-2642 if you have any questions about the status of this project or the estimate. Sincerely, GCS & 4_ , � Deb Barker Associate Planner c: Martin Nordby, Code Compliance Officer - Suzanne Bagshaw, Sheldon & Associates, 5031 University Way NE, #204, Seattle, WA 98105-4341 Ed Sewell, Sewell Wetland Consulting, Inc., 1103 West Meeker Street, Kent, WA 98032-5751 04-102513 Doc I.D. 36975 CITY OF �. Federal Way May 30, 2006 FILE CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Kashmir Gill 2420 298"' Place Federal Way, WA 98003-4218 RE: File #04-102513-00-SE; GILL SEPA FOR SHORT PLAT & WETLAND VIOLATION Dear Mr. Gill: Following your March 1, 2006, submittal of revised documents for the wetland fill and buffer restoration at the above -referenced site, the City forwarded relevant documents to Sheldon & Associates for review. It should be noted that the initial Sheldon & Associates Scope of Work (SOW) dated July 28, 2004, for $3,010.00, only included review of those documents listed in that SOW.' Review of any revisions requires supplemental funding as all previous funding allocations have been depleted with initial review and site visits to verify fill locations. This current Scope of Work, dated May 22, 2006, identifies several tasks that will be completed with the estimated funds, including review of the file, reports and FWCC; conduct an on -site meeting with B-12 Associates, the applicant's wetland biologist, to jointly determine the location of the wetland edge as it has not been formally delineated (and the B-12 staff person who did the initial delineation analysis has left the firm); review a revised wetland and buffer restoration. plan that includes the agreed upon wetland delineation edge; and associated correspondence and review. Any unused funds will be returned to the applicant at the conclusion of the project. At this point, please review the proposed cost estimate for. the Scope for Gill Wetland/Buffer Violation. If you agree with the cost estimate, a check in the amount of $4,160.00, payable to the City of Federal Way, must be submitted before Sheldon & Associates will be authorized to continue on review on this project or meet with B-12. I can be reached at 253-835-2642 if you have any questions about the status of this project or the estimate. Sincerely, & &kj� Deb Barker Associate Planner enc Sheldon SOW dated May 22, 2006 c: Martin Nordby, Code Compliance Officer Suzanne Bagshaw, Sheldon and Associates, 5031 University Way NE, #204, Seattle, WA 98105-4341 1 Sheldon invoices for $760 dated 9/30/04, $315 dated 10/31/04, $472.50 dated 12/31/04, and $1263.85 dated 12/14/05 have been paid leaving a balance of $198.65. Doc I D. 36537 04-102513 Sheldon & Associates, Inc, 5031 University Way NE #204 • Seattle, WA 98105-4341 Ph 206-522-1214 o Fax 206-522-3507 Gill Wetland Violation Scope of Work Prepared for the City of Federal Way May 22, 2006 The following scope of work and cost estimate was developed by Sheldon & Associates, Inc. (S&A) to assist the City of Federal Way with the resolution of the wetland fill and buffer restoration project on the Gill site. This scope of work includes: reviewing information submitted by the applicant's consultant; a site visit with the applicant's consultant to determine the former edge of the wetland and the expectations for a buffer and/or wetland restoration plan; preparation of a memorandum of the meeting outcome; review and comment letter on a revised buffer and wetland restoration plan; plus project management. This is a not to exceed Scope of Work: this cost estimate will not be exceeded without the prior permission of the client and the City. Work will only be billed as actual hours and expenses are accrued. Task 1: Background Information S&A will review previously prepared reports and file content on the Gill project, as well as relevant portions of the City of Federal Way code. Task 2: Field Meeting Sheldon & Associates staff will set up a field meeting with the applicant's biologist, on -site, to jointly determine the former location of the wetland edge. The edge will be estimated based on hand - digging through fill present on the site. The approximate boundary of the wetland will be measured with hand-held tapes in order to be able to sketch the approximate boundary. This jointly agreed edge will then be used as the premise for a wetland and buffer restoration plan. A brief summary memo for the City files will be prepared to document concurrence of the wetland edge. Task 3: Review the Wetland and Buffer Restoration Plan Staff of S&A will review and comment on the wetland and buffer restoration plan that will have to be re -submitted by the applicant to reflect the jointly approved wetland boundary. A letter of findings and recommendations to the applicant for the City will be prepared. Task 4: Project Management This includes general project management, development of the project approach, and coordination with City staff. Scope of Work — Federal Way/Gill Wetland Violation Page 1 of 2 May 22, 2006 ti Sheldon & __. Associates, Inc. 5031 University Way NE #204 • Seattle, WA 98105-4341 Ph 206-522-1214 • Fax 206-522-3507 Scope for Gill Wetland/Buffer Violation TASK 1: Review Background Information 2: Field Visit & Prepare Memo IDS 1 SB 2 SS 9 4 Exp. Sub -Totals $290 $1,480 9 $40 3: Review Restoration Plan & Prepare Memo 4: Project Management 1 1 18 3 $2,010 $380 Total Hours Rates Per Hour Estimated Total 3 $110 $330 32 $90 $2,880 13 $70 $910 $40 $4,160 SIB - Suzanne Bagshaw, Wetland Biologist IDS - Dyanne Sheldon, Principal SS- Stephanie Smith, Field Biologist Expenses Include: Mileage, Photocopies, Printing, and Faxes. Scope of Work — Federal Way/Gill Wetland Violation Page 2 of 2 May 22, 2006 B-12 Wetland Consultinq, Inc. 1103 W. Meeker St. (v)253-859-0515 Kent, WA98032-5751 (f 253-852-4732 03-100161 RESUBMITTED MAR 0 12006 CITY OF FEDERAL. WAY BUILDING DEPT. March 1, 2006 Ms. Deb Barker City of Federal Way 335301st Way South PO Box 9718 Federal Way, Washington 98063 RE: Gill Wetland Violation - Federal Way File #03-100161 B-12 Project #A3-162 Dear Deb, This letter and attached restoration plan are in response to your letter to Kashmir Gill dated January 17, 2006. Specifically, this letter requested 4 items in regards to the existing wetland/buffer fill violation as well as several for the proposed Short Plat. The Short Plat is not being pursued at this time, therefore, this letter and plan will respond only to the violation. Item #1 requested a revised wetland delineation addressing the issues in the previous Sheldon Site inspection reports. Following site visits that were conducted in late 2004 and on April 21 of 2005, Darcey Miller of B-12 re -delineated the wetland edge on the site as depicted on the attached plan. This re -delineation included several excavations throughout the fill area to determine how much wetland was filled by the current owner. Specifically, existing trees in the graded area were investigated along the base to determine the depth of fill at each tree, therefore determining where wetland and where buffer was impacted by the current grading. It should be mentioned that previous filling on the site had occurred prior to this owner working on the property, so the task of determining what was a recent (violation) fill and what was historic is somewhat difficult. A Sewall Wetland Consulting, Inc. Company Gill/#A3-162 B-12 Wetland Consulting, Inc. March 1, 2006 Page 2 What was discovered was that an area on the northeast portion of the site was wetland under 12"-14" of fill. To the east and south, older fill and buffer was discovered as evidenced by an obvious vegetated surface on top of fill under the more recent fill. The new edge of the wetland was re -delineated by Darcey on April 21, 2005, and is depicted on the attached as flags B1-B6. This edge depicts our best estimation of the wetland edge that existed prior to Mr. Gill grading on the site. All other areas were determined to be previously filled areas prior to Mr. Gill's ownership of the property. Items #2,#3 & #4 refers to providing a restoration plan that addresses the fill. The attached Wetland and Buffer restoration plan addresses restoration of the wetland filled by Mr. Gill as well as restoring a native plant community to the buffer area. Currently, the buffer has a good coverage of grass and the remaining trees are alive and surviving. Several soil pits were excavated during my site visit in early February and I found the soil to be gravelly, with a good amount of organic material creating an adequate growing medium for native trees and shrubs. Since there is a good coverage of grass on the area and the existing soil appears to be adequate for plant growth, there is no good reason to remove this material down to the original soil surface. Additionally, removing the material will undoubtedly create a blackberry problem as the understory in the previous plant community had a heavy growth of blackberry. This seed stock is still present in the underlying filled soil surface and if this soil was opened up to the surface this species would proliferate. The site currently has little if any blackberry growing in the buffer making a very good starting point for restoration of a native plant community in this area. The proposed restoration plan includes removing approximately 6,000sf of fill from the filled wetland on the northwest corner of the site. Prior to removing this material, a silt fence will be installed along the property lines as depicted on the Restoration Plan. After installation of the slit fence, a backhoe will remove the fill down to the original soil surface and dispose of the material outside the wetland and buffer as depicted on the plan. The biologist will be on -site to coordinate the fill removal. After the fill is removed, a native seed mix will be spread across the disturbed soil surface. Next removal of several stumps stockpiled neat the southeast corner of the buffer will occur. Several of these stumps and a large log will make good habitat materials in the buffer and will be placed in appropriate locations as determined by the biologist during the grading work. After this work is completed the GiIU#A3-162 B-12 Wetland Consulting, Inc. March 1, 2006 Page 3 proposed plantings will be installed throughout the wetland and buffer. Sensitive area signs will be placed along the buffer edge to identify and demarcate this line from any future encroachment. The proposed restoration area will be monitored for three years as required by the City. If you have any questions or require any further information please contact me at (253) 859-0515 or at ed@bl2assoc.com Sincerely, B-12 Wetland Consulting, Inc. Ed Sewall President Attached: Gill Wetland and Buffer Restoration Plan BILE ACITY OF ' Federal Way March 8, 2006 Ms. Dyanne Sheldon Sheldon and Associates 5031 University Way NE, Suite 204 Seattle, WA 98105-4341 RE: File #04-102513-00-SE; REVISED WETLAND REPORT Gill Short Plat, 2420 South 298t" Street, Federal Way Dear Ms. Sheldon: CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com The purpose of this letter is to request that your firm continue its review. of the wetland reports and a revised plan submitted for the above -referenced application. On March 1, 2006, the City of Federal Way received a Wetland and Buffer Restoration Plan and letter prepared by B-12 Wetland Consulting, Inc. dated March 1, 2006. This information was required by the City to address illegal grade and fill activities on the subject site. In reviewing the Gill file, I noted that your Scope of Work dated July 28, 2004, identified an initial fee of $3,010.00 for project review, and assumed one site visit, with no wetland delineation for the Gill Short Plat project. It appears that review of the Restoration plan may exceed review work beyond the approved scope of work. If this is correct, please provide a revised Scope of Work that includes a task of reviewing the Restoration plant and letter based on the enclosed Wetland Consultant Authorization Form. I can be reached at 253-835-2642 if you have any questions about this request. Sincerely, Deb Barker Associate Planner Enc: Doc l D 35376 04-102513 41111kkk� I CITY OF Federal Way WETLAND CONSULTANT AUTHORIZATION FORM Consultant: Dyanne Sheldon Sheldon Associates 5031 University Way NE, Suite 204 Seattle, WA 98105-4341 Project: Gill Short Plat: Wetland and Stream Restoration/Mitigation Date: March 7, 2006 File No: 04-102513-SE, (also 04-102509-SU) Planner: Deb Barker, Associate Planner, 253-835-2642 Documents: 1) Gill proposed Short Plat Wetland and Buffer Restoration Plan, prepared by B-Twelve Wetland Consulting, Inc., March 1, 2006 2) Letter from Ed Sewell B-Twelve Wetland Consulting, Inc., dated March 1, 2006 Task Scope: 1) Review letter and Restoration plan for conformance with Sheldon Memorandums dated September 30, 2004 and November 16, 2005. 2) Review Delineation as applicable, and determine if it meets FWCC and conforms with Sheldon Memorandums dated September 30, 2004 and November 16, 2005_ 3) Indicate whether the proposed restoration and mitigation identified in the plan and letter is sufficient to mitigate the impacts of the illegal grading and filling, and if not, what additional mitigation is required. . Task Schedule: Provide task cost estimate by March 28, 2006. Once task authorization is signed, written project review is to be completed within three weeks of executing task authorization. Task Cost: Not to exceed _ without a prior written amendment to this task authorization. ACCEPTANCE City of Federal Way Planner Date Date Consultant Date Applicant Doc. I D. 35371 04-102513 B-12 Wetland Consulting, Inc. 1103 W. Meeker St (v)25M59-0515 Kent, WA 98032-/51 (fl 253.852-4732 March 1, 2006 Ms. Deb Barker City of Federal Way 335301st Way South PO Box 9718 Federal Way, Washington 98063 RE: Gill Wetland Violation - Federal Way File #03-100161 B-12 Project #A3-162 Dear Deb, 03-100161 RESUBMITTED MAR 0 12006 CITY OF FEDERAL WAY BUILDING DEPT. This letter and attached restoration plan are in response to your letter to Kashmir Gill dated January 17, 2006. Specifically, this letter requested 4 items in regards to the existing wetland/buffer fill violation as well as several for the proposed Short Plat. The Short Plat is not being pursued at this time, therefore, this letter and plan will respond only to the violation. Item #1 requested a revised wetland delineation addressing the issues in the previous Sheldon Site inspection reports. Following site visits that were conducted in late 2004 and on April 21 of 2005, Darcey Miller of B-12 re -delineated the wetland edge on the site as depicted on the attached plan. This re -delineation included several excavations throughout the fill area to determine how much wetland was filled by the current owner. Specifically, existing trees in the graded area were investigated along the base to determine the depth of fill at each tree, therefore determining where wetland and where buffer was impacted by the current grading. It should be mentioned that previous filling on the site had occurred prior to this owner working on the property, so the task of determining what was a recent (violation) fill and what was historic is somewhat difficult. A Sewall Wetland Consulting, Inc. Company Gill/#A3-162 B-12 Wetland Consulting, Inc. March 1, 2006 Page 2 What was discovered was that an area on the northeast portion of the site was wetland under 12"-14" of fill. To the east and south, older fill and buffer was discovered as evidenced by an obvious vegetated surface on top of fill under the more recent fill. The new edge of the wetland was re -delineated by Darcey on April 21, 2005, and is depicted on the attached as flags B1-136. This edge depicts our best estimation of the wetland edge that existed prior to Mr. Gill grading on the site. All other areas were determined to be previously filled areas prior to Mr. Gill's ownership of the property. Items #2,#3 & #4 refers to providing a restoration plan that addresses the fill. The attached Wetland and Buffer restoration plan addresses restoration of the wetland filled by Mr. Gill as well as restoring a native plant community to the buffer area. Currently, the buffer has a good coverage of grass and the remaining trees are alive and surviving. Several soil pits were excavated during my site visit in early February and I found the soil to be gravelly, with a good amount of organic material creating an adequate growing medium for native trees and shrubs. Since there is a good coverage of grass on the area and the existing soil appears to be adequate for plant growth, there is no good reason to remove this material down to the original soil surface. Additionally, removing the material will undoubtedly create a blackberry problem as the understory in the previous plant community had a heavy growth of blackberry. This seed stock is still present in the underlying filled soil surface and if this soil was opened up to the surface this species would proliferate. The site currently has little if any blackberry growing in the buffer making a very good starting point for restoration of a native plant community in this area. The proposed restoration plan includes removing approximately 6,000sf of fill from the filled wetland on the northwest corner of the site. Prior to removing this material, a silt fence will be installed along the property lines as depicted on the Restoration Plan. After installation of the slit fence, a backhoe will remove the fill down to the original soil surface and dispose of the material outside the wetland and buffer as depicted on the plan. The biologist will be on -site to coordinate the fill removal. After the fill is removed, a native seed mix will be spread across the disturbed soil surface. Next removal of several stumps stockpiled neat the southeast corner of the buffer will occur. Several of these stumps and a large log will make good habitat materials in the buffer and will be placed in appropriate locations as determined by the biologist during the grading work. After this work is completed the GillVA3-162 B-12 Wetland Consulting, Inc. March 1, 2006 Page 3 proposed plantings will be installed throughout the wetland and buffer. Sensitive area signs will be placed along the buffer edge to identify and demarcate this line from any future encroachment. The proposed restoration area will be monitored for three years as required by the City. If you have any questions or require any further information please contact me at (253) 859-0515 or at ed@bl2assoc.com Sincerely, B-12 Wetland Consulting, Inc. Ed Sewall President Attached: Gill Wetland and Buffer Restoration Plan RECEIVES} BY -� C0MMUNITYDEVr WENT DEPARTMENT Michael M. Hams j t p U 7 2006 Patrick M. Hanis John J. Greaney ***Cynthia A. Irvine Greg L. Girard Sarah K. Wahl Dennis J. Shanhan* Karen J. Seeburger Mark W. Prothero HANES GRFSEY - PLLC Brian J. Hanis Michael Ditchik** ATTORNEYS AT ]LAW Florian "Ian' Purganan *CPA/LLM "Also admitted in New York and Washington DC phanis@hplaw.com ***Also admitted in Virginia September 5, 2006 City of Federal Way Attn: Deb Barker 33525 8`' Avenue South PO Box 9718 Federal Way, WA 98063-9718 RE: File #04-102513-SE; Gill SEPA for Short Plat/Wetland Violation Dear Ms. Barker: Thank you for your letter and the documents you sent me. It was helpful. I understand that my client has paid the fee and that the review will continue. We look forward to the response. It may be sent directly to my client. I also understand that the City is extending any deadlines with respect to this issue. Please send confirmation to me at your convenience indicating that my client is in compliance with the process at this point. VeYck' ly Yours, Pa. Hanis 6703 South 234th Street, Suite 300 • Kent, Washington 98032-2900.253.520.5000 • Fax 253.893.5007 FILE CITY OF t Federal Way August 22, 2006 Mr. Patrick M. Hanis Hanis Greaney PLLC 6703 South 234"' Street, Suite 300 Kent, WA 98032-2900 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.'cityoffederalway.com RE: File #04.-102513-00-SE; Gill Wetland Violation, 2420 South 2981h Street, Federal Way Dear Mr. Hanis: The City is in receipt of your July 31, 2006 letter, regarding the above -referenced application. You indicate that your client objects to the payment of additional funds for the City's wetland consultant to conduct review on behalf of the City, and that the City provide specific comments and findings with the B-12 report, detailed time, and verification of the wetland delineation. This letter provides background information about the applications submitted by your client, the current status of those applications including comments from the City's wetland consultant, relevant invoicing documentation, and specific information about the status of the wetland delineation. Background Documentation from the enclosed October 11, 2004 letter,' notes that a preapplication conference for a proposed short plat was held in 2003; the formal short plat application and environmental checklist were submitted on June 24, 2004. Those applications were determined to be incomplete on July 8, 2004. Previously, illegal clearing and filling of a regulated wetland and wetland buffer at the subject site had been reported to the City's Code Enforcement Officer 2 To address the violations, the applicant submitted the Gill Preliminary Short Plat Wetland and Stream Analysis Report and Buffer Enhancement Plan prepared by B-12 Associates, Inc. dated May 26, 2004, with the formal applications. Invoicing Funding in the amount of $3,010.00 for the City's wetland consultant Sheldon & Associates (Sheldon) to review the B-12 wetland report was received on September 15, 2004. The funding was based on a scope of work (SOW) prepared by Sheldon 3 Their comments on the B-12 report as well as a site visit to confirm wetland filling have previously been forwarded to your client; copies of those documents are enclosed a Sheldon invoices from September 30, October 31, and December 31, 2004, as well as December 14, 2005, are also provided with this letter.5 1 The October 14, 2004 letter, from previous planner lays out summary of the project to date, provides Sheldon comments on wetland report, and requested additional information. 2 File #03-100161-00-CR 3 SOW dated July 28, 2004 4 Sheldon comments are dated September 29, 2004, September 30, 2004, December 7, 2004, and November 16, 2005 5 Sheldon invoices of September 30, 2004 for $760.00, October 31, 2004 for $315.00, December 31, 2004 for $472.50, and December 14, 2005 for $1,263.85 Mr. Hanis August 22, 2006 Page 2 Revised Wetland Report The City's January 17, 2006 letter, requested specific information to continue review of the proposed wetland and buffer mitigation. On March 1, 2006, the applicant responded to that request for information by submitting a letter and revised drawings titled Gill Proposed Short Plat Wetland and Buffer Restoration Plan, prepared by B-12 Wetland Consulting Inc, dated March 1, 2006. Your. letter asserts that "in a letter from B-12, consultant for my client, it was stated that compliance with those points has fully occurred." However, as discussed below, the City's wetland consultant has yet to review this revised document to confirm conformance. Peer review by Sheldon for the initial scope of work totaled $2,811.35. The initial scope of work did not include funding for review of any revisions to any reports. The remaining balance of $198.65 is not enough to review the revised wetland report. In a May 20, 2006 letter, the City forwarded the May 22, 2006 Sheldon SOW, for their review of the revised wetland report. The review cost was amended to $3,350.00 in a June 27, 2006 letter. To date, these funds have not been received, and Sheldon has not reviewed the revised wetland report. Wetland Delineation Your letter asserts that the wetland has been delineated and that there has been no reasonable objection to that delineation. However, Sheldon has stated to the City as well as to Ed Sewell with B-12 Associates that while there is a -wetland delineation, the applicant has provided no data to substantiate the results of the delineation. As noted in an April 12, 2006 e-mail from Dyanne Sheldon, "there are no data sheets, no WL report and no information except anecdotal information in the text of the report as to why the wetland edge was placed where they did." Knowing that the person who did the B-12 staff work is no longer with the firm, Sheldon has offered to go to the site with Ed Sewell and together resolve the wetland delineation. However, funding for this site visit as well as review of the revised wetland report is included in their May 22, 2006 SOW, and must be received before the City can authorize their consultant to proceed with a site visit. The wetland delineation. can only be accepted with either the required data sheets or Sheldon's site verification in conjunction with B-12. Summary I understand that your client is interested in resolving the wetland violation. However, the City will not approve wetland mitigation work without endorsement by the City's wetland consultant. Review of the revised wetland report requires funding by the applicant. To date, this funding has not been received. In addition, your client should be aware that correcting the wetland violation requires not only an approved plan of action, but approved work may also require that a bond or assignment of funds be submitted to the City and monitoring of the restoration by a qualified wetland biologist. As you are aware, funding of these items is the responsibility of the applicant. Lastly, as information requested in 2004 to complete the short plat application has never been submitted, the short plat application has expired pursuant to Federal Way City Code (FWCC) Section 22-32. The City's Code Enforcement Officer has been apprised of the current funding requirement for review of the revised wetland report. If these funds are not remitted by September 5, 2006, the matter will be referred back to code enforcement for action. 04-102513 Doc. I.D. 37660 Mr. Hanis August 22, 2006 Page 3 I trust that this letter provides the requested technical requirements as well as requested invoicing information. I can be reached at 253-835-2642 if there are any questions. We look forward to moving forward with this review. Sincerely. Deb Barker Senior Planner Enclosures -as noted c: Dyanne Sheldon, OTAK, 10230 NE Points -Drive, Suite 400, Kirkland, WA 98033 Suzanne Bagshaw, OTAK, 10230 NE Points Drive, Suite 400, Kirkland, WA 98033 Ed Sewell, B-12 Associates, 1103 West Meeker Street, Kent, WA 98032 Kashmir Gill, 2420 South 2986 Street, Federal Way, WA 98003 John Rutland, Cramer NW, 945 North Central Avenue, Suite 104, Kent, WA 98032 Martin Nordby, Code Enforcement Officer 04-102513 Doc.1.D. 37660