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19-103406STATE OF W, saHING ON DEPARTMENT OF ECOLOGY Northvvest Regional Office + 3190 160th Ave SE s Bellevue, %VA 93008-5,452 * 425-649-7/ 000 `711 forWashington Relay Servke - Persons with a speech disability can call Lr 7-833-634f1 August 29, 2019 Sean Singh 31343 2nd Avenue SW Federal Way, WA 98023 RE: filling Wetland and Buffer on Property without a Permit Dear Sean Singh: It has come to the attention of the Washington Department of Ecology (Ecology) that filling of wetland and buffer areas recently took place on your property. This 2.4-acre property (Tax Parcel No. 0721049242) is located at 31343 2nd Avenue SW in Federal Way, King County. The information that Ecology has collected thus far is listed below: • On August 22, 2019, Ecology was contacted by the City of Federal Way to confirm that state and federal wetland permits are required for impacts that occurred on your property. • The King County critical areas map indicates a wetland associated with Mirror Lake is located on the western edge of your property. • The City of Federal Way provided the Singh/Randhawa Critical Areas Violation memorandum prepared by Perteet dated August 12, 2019. This memorandum indicates a Category III wetland with a 105-foot buffer was impacted by clearing of vegetation and placement of fill material on your property. There, is no record on file at Ecology of a permit application or federal or state authorization for this activity. Impacting waters of the state, including wetlands, without prior authorization is a violation of federal and state laws. Therefore, Ecology is investigating this incident in order to obtain reasonable assurance that water quality standards and other applicable requirements of state law are being met as required by Section 401 of the Clean Water Act (33 USC §1341) and 40 CFR Section 121.2; see also WAC 173.201A and RCW 90.48. Please understand that any person who violates the provisions of Chapter 90.48.080 RCW can be liable for a penalty of up to ten thousand dollars ($10.000) per violation for each day of continuing noncompliance. Since the wetland is a water of the state, Ecology is issuing this letter in order to state our requirements. Likewise, through this letter, we are providing you an opportunity to present your view of this matter. Ecology would prefer to resolve this matter cooperatively, and we look forward to working with you to mitigate damage to waters of the state. Please provide the following information within 10 days from receipt of this letter: Sean Singh August 29, 2019 Page 2 Dates the mechanized clearing and grading occurred and who authorized it. Company name and list of all persons who were responsible for the mechanized clearing and grading. A sketch and description of the grading work done. This should quantify the wetland and buffer area impacted and volume of fill material dumped. Ecology requires the following actions to restore the wetland and buffer areas that were damaged on your property: 1. Install erosion control features to prevent any sediment from flowing into the remaining wetland before September 6, 2019. This involves installing a silt fence at the toe of the fill material. 2. Remove all of the fill material from the wetland and buffer area back to its original grade before October 15, 2019. 3. After the fill material has been removed, stabilize the disturbed ground in the wetland and buffer areas with coarse wood chips before October 30, 2019. 4. Plant native emergent, shrub, and tree species within the impacted wetland and buffer areas before November 30, 2019, based on Table 1 below. 5. Install a fence and critical area signs to mark the edge of the wetland buffer boundary based on City of Federal Way code requirements. Table 1. Recommended native plants to restore the disturbed wetland and buffer areas.. Location Common Name Scientific Name Wetland Small -fruited bulrush Scir us microcarpus Sloughsedge Carex obnu to Red -osier dogwood Cornus sericea Sitka willow Salix sitchensis Buffer Bi .leaf maple Acer marcro h llUm Beaked hazelnut Cor >lus cornuta Peafruit rose Rosa isocar a Thimbleberr Rubus arvi onus Snowberry S m horicar os albus Any questions or correspondence regarding this letter should be directed to me at: doug__gresham@ecy.wa._ ov or (425) 649-7199. Sincerely, Doug Gresham, PWS Wetland Specialist Shorelands and Environmental Assistance Program By Certified flail # 9171 9690 0935 0214 2206 66 Sean Singh August 29, 2019 Page 3 E-cc: Joe Burcar and Kerry Carroll, Ecology Leila Willoughby -Oakes, City of Federal Way Planning Department Jerry Gregory, U.S. Army Corps of Engineers J. S. Jones axid Associa.ies, lnc. RESUBMITTED DEC 31 2019 Uh Fry pOEyELDP,� Y Narrative of Unpermitted Actions Singh/Randhawa Critical Area Violation City of Federal Way Violation Notice 19-103242-00-VO 31343 2nd Ave. SE Federal Way, Washington 98003 King County Tax Parcel No. 072104-9242 Seclion 7, Township 21 North, Range 04 East, of'Ihe Willametle Meridian Prepared for: Darshan Randhawa 31343 2nd Ave. SE Federal Way, Washingl'on 98023 1-860-383-6090 Javesh Bokhins Dreamconelrucdon222.ca ■mail.con? Dated: December 3, 2019 Prepared by: Jeffery, S. Jones, Wetland Scientist P.O. SOX 1908 ISSAQUAH, WASHINGTON 98027 253-905-5736 jeff.jsjonesecomcast.net 1.0 Project Description The property owner cleared and graded wetland and wetland buffer. On behalf of the City of Federal Way, Perteet inc. staff made a site visit and reviewed a 2017 Critical Area Report, see the attached Perteet Report. Their findings are presented in a document dated August 12, 2019. The Mirror Lake wetland was determined to be a Category III with an 80-foot buffer. The Perteet report confirms removal of vegetation and the placement of fill in the wetland and wetland buffer. 2.0 Parcel Identification No. & Legal Descriptions The proposed address is 31343 2nd Ave. S.E., Federal Way, Washington 98003. The subject property is in Section 7, Township 21 North, Range 04 East, of the Willamette Meridian. The King County tax parcel number is 072104-9242. The abbreviated legal description is: S 1/2 OF N 1/2 OF SW 1/4 OF NE 1/4 OF SE 1/4 LESS E 30 FT THOF 3.0 Wetland and Buffer Impacts Touma Engineering and L,andsurveying located the extent of impacts and prepared the base map for a Critical Area Restoration Plan. All fill will be removed from critical areas, and the wetland and wetland buffer will be restored to a native plant community, see the Critical Area Restoration Plan, date 12/10/2019. Some of the fill will be relocated outside of the buffer and the remaining fill will be hauled offsite. The impacts were determined to be as follows: Wetland Impact 8,600 sf Wetland Buffer Impact 15,300 sf Unpermitted Clearing and Grading Outside of Buffer 16,025 sf Total Area of Unpermitted Clearing and Grading 39,925 sf Estimated Wetland & Wetland Buffer Unper7nitted Fill 347 cy Estimated Fill from Buffer to be Retained Onsite Outside of the Buffer 167 cy Erosion and sediment control measures have been installed. However. the lower limit of the silt fence will need to be moved several feet to the west so that all the fill area is included. Best management construction practices will be used when restoration is implemented. The outside boundary of the wetland buffer will be split -railed fenced and wetland buffer signs will be posted. A critical area notice on title will be recorded on title. The landowner will be required to obtain a Section 404 national permit approval from the U.S. Army Corps of Engineers (COE) and a hydraulic permit application (HPA) from WA State WDFW. The WA State DOE did not indicate that a Section 401 Water Quality Certification is required. However, if it is required by DOE, then it will be obtained. r IM U1'1r11111 11 P111nm1g Critical Areas Mitigation C24 09/09/2-315 Environmental Review Bond Quantity Worksheet Is-wks-sensareal3Q,xls �� 35030 SE Douglas Str. Suite 210 Is-wks-sensareaBQ.pdf .IngCOUntyr Snoqualmie, WAB8065-9266 206.296-6600 TTY Relay: 711 (Project Name: Randhawa Date: 10-Dec-19 Prepared by: Jeff Jones (Project Number: Not Assigned Project Description: Clearing & Grading I Critical Areas Restoration (Location: 31343 2nd Ave. S.W. 98D23 Applicant: Darshan Randhawa Phone: 860-383.6090 PLANT MATERIALS (includes labor test for wantinstalladonl Type Urll Price Unit Quantity 0e'cwhal Cost PL.A14TS Polled.4'diemeler. medium s5,o0 Each $ PLANTS Container gallon. medium soil 311-50 Eachl 548 S 6,302.DD PLANTS: Container, 2pion.Int�lr, sail S20,00 Each 12 S 240.00 PI ANTS Cmlainer, 5 galloni madlum coil S36.00 Each $ PLAfAS, 5 tmnd s0.10 SY 170G 5 170.00 PLANTS $bps fuillow. rod-2fiuy S2-00 EeEach 24 $ 4B.00 PLODS: Slakes (wilow) $2.D0 Each $ PLANTS Slakes (wllowj $2.D0 Each $ PLANTS Flelslpluys $2.00 600 _ $ 1,20000 TOTAL $ 6,760.00 INSTALLATION COSTS j LABOR, EQUIPMENT, & OVERHEAD) Twe Unit Price Umidl Cost Comoost vegeleble, delivered and spread S37.88 cyl S DecomDerring 1011hardeao, medium, to 6' deelh $$.57 CY $ D-roidaofing tilllhardpan medium to 1216wRR $1,57 CY 5 Hydmseediirg $0,51 SY $ Lhbrr en,eulA other than plan( inslailahonl 540 DO HR $ - LJ1m,v�. at (ox-lrpnon) S40-DO HR 4a $ 1.600.00 Labor: Cpns Nrd,sep.rnirq S55.00 HR $ Labor: Consultant. ensile radainz 595-00 HR. $ Rww G dwPw.xa+4 ladyIt mnky s70-00 HR Send coerce buildefs, delivered end wmd S42.00 Cy S Slakino maleriallsetoerbee) $7-00 Each $ Pdm¢fte LL fan d genie maoti HR $ Surveyinq lopogrephical $250,00 HIR 3 Nlalamm t' ol. ler. 50'sasker hose $3.62 MSF $ briliabon-mmpnlay E3-0011013 Acm $ Inigatim-hurled sb saD.Do Acre $ Thep lepwd A0 bm RIlia retw. Y.: Aw 51.02 SY $ ' TOTAL $ 1,6o0.00 HABITAT STRUCTURES' ITEMS Unit Cost Unit Cost Fasunes fwdlowl s 2.00. Each s Lags iceder(, wt roa-wM516%2Cd m-30'laag s1.o00.oc Each 5 t sanlrl sotrux:m 1Fv"4' 0 $400.00 Each S Lcgs..1-twads lfi'-24'dinm. 30'Ima $245,00 Each $ Legs wl mo[ cads, 16'-24' diem, 0 atom $45D.DG Each $ Rocks. oneman s60.00 Each $ Rocks (woman $1213 0w Each s - Poctwads $163.00 Each $ SOM&K grain, IrpeA S22.00 Cy s - We'r-lop $1-5aa.col Each $ Wcr -yp TahL• $2,000.00 E01hl S Woody dehre lama $163.130 Each Snaps -anchored $400.00 Each s -bn die 550.00 Each 3 -n4xred $BD0,00 Fachl IS ' • Allcosto-We debveryand install,,ion T07AL $ EROSION CONTROL ITEMS Unit Cost Uni. Cost Backfill and Comoachon-ambankmenl S 4-89 CY s Cn:shed sudacin , 1 1/4' minus s30.00 CY $ Dkhino $7.03 CY 5 Exraofinn, bulk $4,00 CY 347 s 1,388,00 Farce, sill $1,60 LF 50G S No-go Jule Mesh s1,25 SY 5 72* by h1M. ramr, 2'ti m $1.27 SY s - Mulch- by hand, .god rhlya'_' deep $3.25 SY 56o 5 1.820-00 Mulch. by machine, stray- 1' deep $0.32 SY 1 $ P dnp, lem-'.. CPP, 6' S9,3D LIF $ - PLoinq,mn •-CPF,C S14-OG LF S Ppinp. lam erary-CPP 12' S18A0 LF $ Place mn, ;mra Ofe/...sardbgaed S2.00 SY S Rip Raft mach+nerlacad slmes $33 98 CY $ Rock Cenw. ErMance 100x190' 53 000 Da E-1, s Rode Cpnctr, Entrance 50'05'xl' st.5oa Ga Each s Seba4'nlPmd pzor� $1,695.11 Each $ Sediment trap. 5' high be. S15 57 1 F S Sediment trim 5 hgh bens wlydrxxy ind nprep s59-6o LF $ Soddin .. 1' deep -laid q%M $5 24 SY 5 Soddino, 1' deep, sle ed iptod $6 da SY L Straw baler, ntaceandremove. s6ao'ao TOht $ Hauling and disposal $20.00 CY $ T on-L d6vered and spread $35.73 CY " TOTAL 16 4,008.00 RESUar,;�",7--'D DEC 31 2019 CrTy comma F D yELppMZV , GENERAL ITEMS ITEMS Unit C..L Unit Cost Fencing, than link„ G' high sisal LF $ - ncmg chainl!nk eomarpcsls 5111.17 Each 5 Ftn 64 946 5277,03 Each 5 .rhea c Wjt[s13' 12ir11 $10.54 LF 1B0 S 1.897.20 - xY ROM $120 LF $ sensilive area ecundeq' (ins bnkirq, poll, ..a?III $28.50 Each 2 $ 57.00 TOTAL $ 1,964.20 OTHER (Construction Cost Subtotal) $ 14,322.20 Fat tentage ITEMS °I Construction Dnjt Cost Mobilization 1nM, 1 $ 1,432.22 Contingency 30°.5 1 S 4296,66 fO FAL $ S,YIa.a- 11oTE' NCH with m mo, permit nmrramm� may be r ami to h— 1y,p.r MAINTENANCE AND MONITORING 1Aen Wim,wvd..m A e ter.. Thi—M bervAhllted- ass-bV- 1aiKfRraayte�men[applt[A a. Me"rldn9lnd main[aace fW[ass may be a.lJ anywhere Iron F Ic 1D Wan. 1d sR."m901alAli�HsaW�OQ (3 X SF 1021 fnr 31BMW ave111a; L ass than 1,000 Sq.", and bolft-6,13tion only q 1.09 SF hrrdudes monilcn in 5 Lass dton 1,000 sq.`:. with wetland or aq:!a0c area (3 X SF total far 3 annual event.; mdi aoun 5 1.35 SF Includes monitoring)3 Larger than 1O00 sq. 1L but less Nan 5,000 Sq IL el bu0r S 180.00 EACH Ole, $45rh) 5 Larger than 1000 Sq. fl but less Than 5,000 sea Of S 270.00 EACH '6hr $451hrl $ & Pre S 360.00 EACH 'B hr,S & 45.1hr1 $ Larger then 5,000 sq.2 but < I acre -butter d'agadon only Latgel than 5,000 Sq K uut< 1 sae with wetland u1 aquafic 6,750.D0 area m10c lion 5 450,00 EACH 1S 00 h. dD S456trJ $ Lwpn than 1 awe but • 5 acres • Eu11a and I fe nr7Md Or 'V4EC .*mwm s S 1,600.OD DAY nevi -S Larger Nan 5 acres-5u11er and i of vue0and or aeualr: areg miti adan S 2,000.00 DAY J,25 X VVEC crew $ Spill raujd ft olafur r 40mul q Larger Nan 1,000 sq,il bul less then 5,000-Land or $ tOWS,u $ 720.00 EACH IB J- 901hr Latget than 5000 sy t[ but < 1 acre win wetland or aquatic 5 900.00 EACH 5 (10 hrs R $90/hr) 5 4 500.00 Larger Nan 1 atta bul < 5 acres - butler and i or Welland or g aquatic area impacts S 1,44000 DAY 9s Lure a S90arr` Larger than5 area - buffer and t orwedand or aquafic area $ _ impacts 5 2.160.00 DAYI. 924 hrs LV $90Ihr) TOTAL S 11,250.Oa Total $31,301.08 WLAt 0 t 1'Ai 05� BASIS Of BEARING E$-i ? ne of the WLA— rim locust �'1 ftr F _ 4 f t n , uthemst qcC"L SLSection i Garage encroaches R' � CarOQe- foot ��ti ■ '� j r+ Ci�cnvtrt REFERENCE SURVEY RECORD OF SKYEY, AFN 20040201900005 RECORD OF SURVEY. AFAR 5309139002 LEGAL DESCR1P71 ON THE SOUTH HALF OF THE NOPTH HALF Cr T gUUTH►.+l QUARTER OF THE NORTHEAST GUARTER OF THE SOUTHEAS7 OUAPTER OF SECTION 71 7094NSHIP 21 NORTH, RANGE 4 EAST, �q,4L AMETpE HIE'PIDIAN, IN KING COUNTY, NASHINUTON, EXCEPT THE EAST 50 FEET THEREOF. GOD �r 6C_ i�� 14"F"r �RFir 0 r �l n� _ •-;.� -- y.,�� MCA -AP r f r r Lr I t Abet r �" 9 , 13 Ik 4 lei IL ' 3 �! 1'E'"rlr f 1 ' U3nd Avenue _�s ]w'J rr Lei r +t 1 • � ��r r _ e 7 j J J , r "Fir '�_'�0'{Fir SBr�'t _�fl NAM /x i 91 r. i].��f1A� ' w. i• kk I I , 4 X Mtn. ay S x X. x+ I 7e MEMORANDUM CITY OF . Federal Way DATE: 8-30-2019 TO: File FROM: Leila Willoughby -Oakes Community Development Department SUB3ECT: RANDHAWA- MIRROR LAKE WETLAND VIOLATION (19-103406-00-AD) 31343 2ND AVE SW -----Original Message ----- From: Leila Willoughby -Oakes Sent: Friday, August 30, 2019 12:17 PM To: 'DC LLC' Cc: 'Shawn Singh' Subject: Wetland Mitigation/Bond Requirements Hello Jayesh; Please find the attached memo with general instructions for mitigation plans and performance bonding. Thanks for your email and the meeting yesterday. I have enclosed the following: a) A mitigation bond worksheet b) City Performance/Maintenance Bond Information Worksheet- s) Mitigation plan code requirements d) Critical Area signage On receiving and reviewing the critical area report/rehabilitation plan and associated construction documents and bond worksheet staff will review the materials and either accept or provide comments for additional information on the proposal. Per a senior member of staff I am unsure if our city code permits Mr. Randhawa 100% lake access (i.e. a path through the entire width of the wetland buffer). However, passive recreational trails are permitted if the following requirements are met (i.e. if you did a raised boardwalk- less than 5-ft in width, with non -treated construction materials): (3) Trails. The director may provide written approval for passive pedestrian recreation facilities designed in accordance with an approved critical area report and the following standards: (a) Trails are composed of pervious surfaces no more than five feet in width. Raised boardwalks and wildlife viewing structures composed of nontreated pilings may also be considered; (b) Trails are generally located within the outer 25 percent of the buffer; and (c) Trails shall avoid the removal of mature trees. At the very end of the mitigation plan at final inspection we'll be recording a restrictive covenant on title establishing the wetland buffer boundary so the property owner or future owners can check that document before any other work on site. Let me know if you have any questions. Thanks, Leila ,L. Willoughby -Oakes Associate Planner 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www.cityoffederalway.com Planner on duty: 253-835-2655 1 planning@cityoffederalway.com -----Original Message ----- From: DC LLC [mailto:dreamconstruction222@gmail.com] Sent: Thursday, August 29, 2019 4:44 PM To: Leila Willoughby -Oakes Subject: Randhawa Contractor info Hello Leila, Below is my information, please send me surety bond details. Thank you, Jayesh Bokhiria, Dream Construction, LLC dreamconstruction222@gmail.com (860) 383-6090 Sent from my iPhone CITY OF Federal Way Centered on Opportunity August 16, 2019 Mr. Darshan Randhawa 31343 2^d Avenue SW Federal Way, WA 98023 shawnrandhawa ,, iahoo.com ILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Re: File 19-103406-00-AD; WETLAND REPORT/ADDITIONAL INFORMATION REQUESTED Kaur/Randhawa; 31343 2nd Avenue SW, Federal Way Dear Mr. Randhawa: Jim Ferrell, Mayor On June 18, 2019, the City of Federal Way received a notification from the City's Stormwater Management Division regarding clearing, filling, and grading in a wedand associated with Mirror Lake at the property referenced above. Staff engaged the City's third party consultant, Perteet, Inc. (Perteet), to review the Critical Areas Report for the Randhawa Property, prepared by Wetland Northwest, LLC and dated September 28, 2017, in order to determine the extent of the wetland intrusion. WETLAND REPORT City staff forwarded your wetland report to wetland consultant, Perteet, for their review. Perteet completed a site visit on July 29, 2019, reviewed relevant documents, and prepared a memorandum on August 12, 2019, in which they recommend additional components of the Wetlands Northwest report, including, but not limited to a wetland buffer mitigation plan and a planting plan. The City concurs with Perteet's assessment and we request additional information. NEXT STEPS Please review the peer review comments in the enclosed memorandum prepared by Perteet. A revised wetland delineation report, wetland buffer restoration plan, and five-year performance atfd monitoring bond pursuant to Federal Way Revised Corte (fr%VRC) 19.145.100 ,rhall be submitted by September 15, 2019. The revised report and wetland buffer mitigation plan will be reviewed by the peer reviewer at the applicant's expense in accordance with FWRC 19.145.080(3). Should you have any questions about this letter, I can be reached at 253-835-2644, or lei] willow hbv- oal:es ci yo ffederalway co Sincerely, t tA J zJ Leila Willoughby -Oakes Associate Planner enc: August 12, 2019, Memorandum from Perteet King County Critical Areas Mitigation Guidelines c: Robert "Doc" Hansen, Planning Manager Bill Kidder, Lead Ecologist, Perteet Inc., bi i l 1 RCM Robert King, PWS, Wetlands Northwest, 5218 Ivanhoc Place Nfi, Seattle, W_"1 98105, robLiP [!wc rLinA m_,•.cvm Da I.D. 79509 19-103406-00 .AD r'!PERTEET Better communities, by design To: Leila Willoughby -Oakes, Associate Planner, City of Federal Way From: Bill Kidder, PWS, Lead Ecologist Jason Walker, PLA, PWS, Environmental Manager and Wetland Scientist Date: August 12, 2019 Re: Singh / Randhawa Critical Areas Violation PROJECT DESCRIPTION PERTEET.COM 2707 COLBY AVENUE, SUITE 900 EVERETT, WA 98201 425.252.7700 The City of Federal Way (City) observed critical areas violation concerns at 31343 2"d Avenue SW, Federal Way, Washington (subject parcel). The City issued violation notice 19-103242-00-VO to the landowner of the subject parcel (King County tax parcel 072104-9242) citing tree removal, fill and grading in wetland buffers. The City retained Perteet to determine the extent of the violation and to confirm a prior completed wetland delineation and wetland rating. This assessment memo discusses Perteet's findings and recommendations. DOCUMENTS REVIEWED The following documents and resource information websites were reviewed by Perteet to aid in the assessment: • Critical Areas Report of the Randhawa Property, 31343 2"d Ave SW, Federal Way, WA 9802, dated September 28, 2017, Prepared for Darshon Randhawa, Prepared by Wetlands Northwest LLC (hereafter referred to as 2017 Critical Areas Report) • City of Federal Way Critically Sensitive Areas map ht 1 ww. it ff r Iw m/ma s , • Google Earth Pro with historic imagery from 1990 to 2018 • Nearmap.com with historic imagery from 2014 to present SITE VISIT OBSERVATIONS Perteet completed a site visit to the subject parcel on July 29, 2019. Sean Singh, the property owner, joined Perteet for the site walk. He explained the origin of the fill material from a neighbor's construction project and their intent to construct a small basketball court and to open up views to Mirror Lake. Perteet didobserve filling and grading of imported earthen materials in the Mirror Lake wetlands and the wetland buffer on the subject property. An undetermined quantity of fill soil was deposited into the Mirror Lake wetland up to a depth of 2 to 3 feet at the fill's outer edge. Perteet didobserve extensive vegetation grubbing and clearing of the understory vegetation (small understory trees, shrubs, and herbaceous vegetation) in Mirror Lake wetlands and wetland buffers. Fill and grading were observed throughout the buffer. About 1 foot of fill was observed at the buffer's inner edge, zero to less than 1 foot of fill throughout the interior of the buffer, and up to 4-5 feet of fill at the outer edge of the wetland buffer. Perteet did notobserve tree felling or stumps of the larger overstory trees marked on the 2017 tree removal application's tree inventory, but nearly all understory vegetation in the buffer and the wetland fill areas were removed. Herbaceous weed species are beginning to return in some buffer areas. AERIAL PHOTO REVIEW Singh / Randhawa CAO Violation — Site Meeting and Report Review Memo Page I P E RT E E T AVENUE, 2707 COLBY AVENUE, SUITE 900 Better communities, by design EVERETT, WA 98201 425.252.7700 Aerial imagery available from Nearmap.com and Google Earth illustrate a distinct change in vegetation and land use conditions beginning around April 2018 and progressing through July 2019. Understorty vegetation removal, land clearing, and grading activities in critical areas and critical areas buffers occur on the subject parcel. FINDINGS Listed below ore Perteet's findings for the critical areas intrusion and review of the 2017CriticalAreas Report: The 2017 Critical Areas Study identified one Category III west present on the western quarter of the subject property. The Category III wetland was determined to have a habitat score of 5 points and a buffer width of 105 feet. Perteet concurs with the subject parcel's east wetland delineation boundary, the wetland's Category III rating, and the 105-foot wetland buffer based on the habitat score of 5 points specified in FWMC 19.145.420. Perteet's concurrence is based on the wetland conditions present during Perteet's July 29, 2019 site visit and review of Nearmap.com aerial photo review through July 21, 2019. 2. Perteet confirmed that unauthorized alterations to critical areas and buffers occurred between early 2018 andjuly 2019 that do not conform to Federal Way Revised Code (FWRC) Chapter 19.145 CriticalAreas. Lands were cleared and graded and fill was deposited that originated from off -site sources in wetlands, waters, and critical areas buffers between early 2018 and July 2019 without City approvals. These unauthorized actions occurred on Singh -owned tax parcel 072104-9242. Pursuant to FWRC 19.145.060(2) Unauthorized alterations, all disturbed areas within critical areas and critical areas buffers shall be restored. 3. All unauthorized critical areas and buffer alterations are subject to the provisions of FWRC 19.145.060 Unauthorizedalterations and enforcement. Preparation of a Restoration Plan with performance standards and monitoring requirements is required that meets 19.145.060(2) and (3) and by reference 19.145.140 Mitigation Plan Requirements. Perteet recommends utilizing the King County Critical Areas Mitigation Guidelines as recognized practice standards (and best available science) for completing a critical areas and critical areas buffer restoration plan. The guidelines provide standardized information regarding developing goals/objectives, performance standards, monitoring requirements, plan figures, planting plans, and maintenance/contingency options. A copy of the guidelines is attached. 4. The unauthorized action did not implement construction stormwater TESC or BMP. Potential surface water quality impairments may have occurred during land clearing, fill placement, and construction under FWRC 16.45 General Water Quality and Enforcement and 16.50.020 Prohibiteddischarges(27) Silts, sediments, andgravel. Site restoration required by this violation notice shall be required to implement surface water pollution prevention due to the action's location in and immediately adjacent to surface waters. As soil disturbance, fill removal, and grading is required, Perteet recommends that site restoration work shall comply with FWRC 19.145.190 Physical Barriers and the City's currently approved Construction Stormwater Management Manual Best Management Practices for erosion and sediment control for exposed soil areas. 5. No evidence or presence of costruction temporary erosion sediment controls was observed during the June 29, 2019 site reconnaissance. Soils and fill areas currently remain exposed with little to no vegetation established and no stormwater controls in place. It is advised the landowner install sediment and erosion control BMP as soon as possible in all areas with exposed soils and fill to reduce Singh / Randhawo CAO Violation —Site Meeting and Report Review Memo page 2 �Y PERTEET.COM PERTE ET 2707 COLBY AVENUE, SUITE 900 Better communities, by design EVERETT, WA 98201 425.252.7700 potential water quality impairments in Wetlands A and B, Hylebos Creek, and Hylebos Creek wetlands, and other wetlands / water courses that may be exposed to water quality, impairments in the southeast quarter of parcel 2921049098. 6. At the City's discretion, the landowner may be required to install critical areas signage and/or fencing pursuant to FWRC 19.145.180 7. The landowner did not provide evidence of other regulatory agency permits for the unauthorized actions, including a U.S. Army Corps of Engineers Section 404 permit, Washington Department of Ecology Section 401 Water Quality Certification, or Washington Department of Fish and Wildlife Hydraulic Project Approval. If the landowner decides to pursue future land alteration or development actions that directly or indirectly impact wetlands or streams, the landowner is advised apply for all relevant required permits from all federal, state, and local regulating agencies. SITE VISIT PHOTOS Singh / Randhowo CAO Violation — Site Meeting and Report Review Memo Page 3 TM' J. _ . •" _�. �y ."fin • a ...,_` ,�. �. - - � I•-- � ~ - ,>•. •' , !' �: ice• - - �r�t� ''S Y �� aye'"_' -�v � •.'�• • . •J_. '•:� -. Av� - r .X[n� �� •y a '�-�r_,��" Ct op 1 � `�;; fir.. ••.. r .F�` I r'+ ":w. .. - i ram'-4�� :V+ - • •� _ .. kM 711, at •. � .yam, . - � �. 1"'. -t' . �.....� �-_ . - •.�. - - -.� ._...fir � _7,...nd+.•x.-.. - - _. Z. jL %Aw Wetland buffer understory Wetland clearin clearing and fill and fill area area % I Legend . ............. site rr Wetland Sketch Oil Buffer (165') KC Parcels zii r `F-. • F� lv •ie•: • ti � .� .� Fyn" �: _ {mil _ -•' 3 t Jk Rr is - sue'=�. _ r': ,�' �F. :� ,,?Fy. y.�'�• �.�ed ✓. _ g:. .,t -ems -- �^- f,r , - :'� : i ? '� �• ` } A., V ' dF $, •2 �. x,Yr _..cam �� . �.4.�� :.r..i .�i ,�� ' Y ,yf`�� 'y� �.� �•, '?:��y �: r� .. AS Inc.•• ;FF 7+ Sw -�.��• ... v: ..! i,�• ., - it < ' n ' ) �'r �.� w"Fir �� - .ti• .�. y.hY - �, � ,t ��l" �(•, .+�' S, "- .� �-,. 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Federal Way Centered on Opportunity Mr. Shawn Randhawa 31343 2nd Avenue SW Federal Way, WA 98023 awruandha •ah9o.co[lt CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor FILE July 24, 2019 Re: File #19-103242-00-VO; WETLAND BUFFER INTRUSION Randhawa Residence (Mirror Lake), 31343 2nd Avenue SW, Federal Way Dear Mr. Randhawa: On October 6, 2017, the department received a request to clear 29 trees on and or within 225 feet of a wedand. The department initiated a third party review of the Critical Areas Report for the Randhawa Property, 31343 2-4Avenue SW prepared by Wetlands Northwest (September 2017). Due to the scope of the proposed activity, staff determined a peer review was required to prevent and avoid unnecessary buffer intrusions and limit clearing actions to hazardous and nuisance vegetation removal allowed by Federal Way Revised Code (FWRC) 19.145.120.1 Staff contacted the applicant to proceed with the critical area review and cancelled the application on April 6, 2018, after receiving no response. Under the city's prior wetland rating classifications, the wetland along the ordinary high water mark of Mirror Lake is a Category I wetland with a 200-foot buffer. The city accepted a wetland report prepared by B-twelve Associates, Inc., received on July 13, 2005, associated with a wetland violation on an adjoining property. There are no city approved wetland delineation studies on the subject property at this time. VIOLATION It has come to the city's attention that clearing, tree removal, grubbing, fill placement, and potential grading work occurred within the wetland buffer and five-foot critical area building setback (see enclosed photos). Code Enforcement and Planning Division staff posted a cease work order on the subject property on July 5, 2019. Per discussions with Public Works, the clearing action may also trigger a water quality violation. Please contact SWM Water Quality Coordinator Leah Myhre at Leah.Myhre(KcityofFederalwa =.cam, or 253-835- 2752. Additional city correspondence will follow under a separate cover. WETLAND MITIGATION REQUIRED Except as provided in FWRC 19.145.120, no development or improvements may be located within a wetland buffer per FWRC 19.145.440. Pursuant to FWRC 19.145.060, "Unauthorized Alteration and Enforcement," when a critical area or its buffer has been altered in violation of Chapter 19.145 "Environmentally Critical Areas," all ongoing development work shall stop and the critical area shall be restored. In order to evaluate the exact impacts to the site beyond the clearing limits and what restoration actions will be necessary to mitigate for the damage, we need the following information: tiJegetation maintenance such as hazard tree removal, removal of nuisance vegetation, and limited pruning for view preservation. The applicant shall submit a vegetation maintenance plan prepared by a certified arborist or registered landscape architect... " Doc. I.D. 79353 19-103242-00-VO Mr. Shawn Randhawa Page 2of2 July 24, 2019 1. A written narrative of what actions occurred outside the clearing limits and explanation as to why they were needed. 2. A plan provided to public works demonstrating how the mitigation plantings will provide for adequate stormwater runoff and UftU the approved drainage plan. 3. A restoration plan prepared by a qualified professional using the best available science and describe how the actions proposed will: i. Restore the wetland's previous structure and function related to maintaining water quality and habitats; ii. Replicate the historic soil types and configuration; a Replant the critical area and buffers with native vegetation that replicates the removed vegetation on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and iv. Information demonstrating compliance with FWRC 19.145.140 (mitigation plan requirements). This mitigation plan complying with FWRC 19.145.140 shall be submitted to the director prepared by a qualified professional. Please note that the city in this instance, at the owner's expense, will seek expert advice in determining the adequacy of the plan and wetland delineation and location submitted in 2017. The minimum performance standards identified above may be modified if the owner or violator can demonstrate that greater functional and habitat values can be obtained. Any future vegetation maintenance, clearing, grading, or intrusions within the wetland buffer or Native Grown Retention Areas will require prior review and approval by the city, and may require additional land use applications. CLOSING Restoration of the impacted area must be completed with the wetland buffer restoration planting as soon as possible, with critical area signage and split rail fencing installed along the buffer edge pursuant to FWRC 19.145.180 to prevent further encroachments. A five-foot building setback line shall be maintained from the wetland buffer edge at all times. Please provide us with a timeline and plan by August 1, 2019 to take the required steps needed to bring your site into with the enclosed resubmittal orm. y etactions taken on the property will result in a violation notice on title recorded with the King County Recorder's Office. If you have questions regarding this letter, please contact me at (253) 835-2644, or &' .wiUo hb - oakes oFFeder Iva .c tn. We wish to avoid compliance measures and assist your rehabilitation of the critical area buffer. Sincerely, Robert `Doc' Hansen Planning Manager c: File Copy enc: Enforcement Photos Quly 2019) Valirie Johnson, Code Compliance Resubmittal Form Leah Myhre, Water Quality Coordinator Bill Kidder, Perteet, bill.kid Y ertget.co Doc. LD. 79353 19-103242-00-Vo Leila Willoughby -Oakes From: Mike Fyles Sent: Tuesday, June 18, 2019 11:19 AM To: Theresa Thurlow; Leah Myhre; Leila Willoughby -Oakes Cc: CodeCompliance Subject: Issue and possible group discussion topic 31343 2ND AVE SW Possible clearing - grading -filling very near or possibly into wetland, stream and associated buffers. Attachments: Wetland mitigation restoration for Parcel to the North.pdf; Wetland Report 31343 2ND AVE SW.pdf All, I received a report from a PW staff member today regarding clearing -filling and grading into a wetland associated with Mirror Lake at 31343 2ND AVE SW. I attempted to access the property but observed No Trespassing signs posted prominently at the shared private roadway entrance that had not been there in the past. Historically I have seen Parks Maintenance vehicles access this roadway to perform maintenance at the dog park. I did not make access near the noted address that has the reported violation taking place nor from my vantage could I view any site work. I unsuccessfully attempted to get a clear view of the property from the other side of the lake. My question becomes a right of entry concern. Do we have right of entry in this case to access the shared private drive and then access the property for investigation. From the description given to me of the violation taking place the site work sounds substantial. Does anyone from Code Compliance have input on this? I have attached some historical information that I have found regarding this property and the one to the north that experienced similar violations in the past. Amanda folder # 2017 104815 000 01 AD states the following in regard to a canceled review of wetlands on the property back from 2017. Tree Removal -----PROJECT CANCELLED 'Third party review and tree removal on parcel for 30 trees near an existing dwelling unit with mapped wetland attached to Mirror Lake. per 1998 inventory the wetland extends to the south and north into Mirror Lake which is a regulated lake per FWRC 19.145.30. Applicant must determine where the wetland buffer exists and if any of the proposed trees lie within a regulated wetland buffer. 1. Majority of subject property is in a 6-month wellhead capture zone (east and west property lines). 2. Applicant to provide a critical areas report pursuant to the minimum critical area report requirements contained in FWRC 19.145.080. 3. After a preliminary review of the resubmitted on October 10, 2017, the critical area and wetland report per FWRC 19.145(3) the applicant is subject to a third party review or the report. The wetland biologist Robert King proposes to reclassify the wetland from a Category I to a Category III under the city's new CAO (adopted June 2015) and as such technical assistance is necessary for quality control. Wetland appears to be a large system with hydrology (stream) connecting critical areas from Mirror Lake and Fisher's Pond per city's permitting records on adjoining parcels and the city's critical area mapping )} 2 ij ;I;Lpm 11 OZN,__� City OP Federal Way M MORANDUM Community Development Department WETLANDS CONSULTANT AUTHORIZATION FORM Date: July 16, 2019 Consultant: Jason Walker, PLA, PWS Perteet Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Project: Project Location: City File No.: Applicant Contact: City Staff Contact: Singh/Randhawa — Mirror Lake Wetland Report & Critical Area Violation 31343 2"d Avenue SW, Federal Way (Parcel No. 072104-9242) 19-103242-00-VO (associated file no. 17-104815-00-AD) Darshan Randhawa Sean Singh 31343 2"d Avenue SW Federal Way, WA 98023 Wetlands North LLC Robert King, PWS 5218 Ivanhoe Place NE Seattle, WA 98105 Leila Willoughby -Oakes, Planning, 253.835.2644 l : a.ru � :rlb:-cake :f, cit.offfder,,,Iwa�x-oni Documents Provided: Critical Areas Report of the Randhawa Property, 31343 2"d Avenue SW, by Wetlands Northwest LLC (dated September 28, 2017) + Applicant's Tree and Vegetation Retention Schematic' + City of Federal Way Critical Area Mapping • Site Photos, City of Federal Way Code Enforcement, July 2019 Existing Permit Documents: Mario Property, Mitigation Plan to correct Buffer Fill Violation (Parcel 072104 9029) prepared by H & S Consulting (dated August 23, 2009) Mario Property, Wetland Analysis Report, prepared by B-twelve Associates, Inc. (dated February 17, 2005) Background: In 2017, applicant has proposed to remove 30 trees on a 2.37-acre parcel containing a wetland associated with Mirror Lake. Mirror Lake is a regulated lake under the city's critical areas ordinance pursuant to Federal Way Revised Code (FWRC) 19,145.350. Proposal cancelled due to June 2019, Storm Water Management Public Works staff identified tree removal and grading occurring on subject property in a wetland buffer without permits. Planning Division and Code Enforcement staff conducted a site visit and posted a cease order on the subject property, confirming site conditions. 'PW Development Services Division requests additional information in order to conduct their review_ Task Scope: Task Cost: • Confirm accuracy of wetland rating and associated buffer set forth in FWRC 19.145, reviewing provided field data. ■ Estimate total area impacted and describe the requirements/scope of restoration plan. ■ Conduct a site visit as necessary. ■ Provide one technical review response memo to city. Not to exceed $ 2618.00 without a prior written amendment to this Task Authorization. / 2 LI pC'onsu iant) Date — 7/22/19 (City Staff) (Applicant) Date Date S 312 I Figure 1. City of Federal Way Critical Area Mapping, Updated 2016 Source: jtq. t� !,yjj_xit affedrrnlw ar.; s �hlsitevrile{sui[rfiir5llr"'L.� rc�T�iti�e „2016.nd f 19-103244-00-VO Consultant Fee Determination Summary PERTEET 2707 Colby Avenue, Suite 900, Everett, WA 982011 P 425.252.7700 Project: Federal Way On -Call Wetlands/Stream Consultants - Randhawa Kaur trees Client: City of Federal Way Project #: 20130090.012 Hourly Costs Classification Hours Rate Amount Sr. Associate 2 $195.00 $390 Lead Ecol/Mgr 15 $140.00 $2,100 Accountant 1 $90.00 $90 Total Hourly Costs 18 $2,580.00 Reimbursables In-H_o_use C_asis Qt Rate Amount Mileage - $.58 65 $0.580 $38 Total In -House Costs $38.00 Other Management Reserve Total Other Costs Contract Total Prepared By: Jason T Walker Date: July 22, 2019 $0 $ 0.00 $2.618.00 to-,, qk.: t � 'n lk.A. Pi; ure I. King County 1%irci l Viewer, 2015 Source: 3n :;�^iszn� is.iciu= c�nu l ; •ut! rzr Aria serif 19-103212-00-VO MEMORANDUM CITY 0F � `�� Community Development Department Federal Way WETLANDS CONSULTANT AUTHORIZATION FORM Date: July 16, 2019 Consultant: Jason Walker, PLA, PWS Perteet Inc. 2707 Colby Avenue, Suite 900 Everett, WA 98201 Proj ect: Project Location: City File No.: Applicant Contact: City Staff Contact: Documents Provided: SinghlRandhawa --- Mirror Lake Wetland Report d't Critical Are 31343 24 Avenue SW, Federal Way (Parcel No. 072104-4242) 19-103242-00-VO (associated file no. 17-104815-00-AD) ❑arshan Randhawa Sean Singh 31343 2r Avenue SW Federal Way, WA 98023 Wetlands North LLC Robert King, PWS 52 1. 9 Ivanhoe Place NE Seattle, WA 98105 Leila Willoughby -Oakes, Planning, 253.835.2644 leila.willou hb -oaken ca,,ci offcderdlwa .cote • Critical Areas Report of the Randhawa Property, 31343 2"`° A% by Wetlands Northwest LLC (dated September 28, 2017) • Applicant's Tree and Vegetation Retention Schematic' • City of Federal Way Critical Area Mapping Site Photos., City of Federal Way Code Enforcement, July 2019 Existing Permit Documents: Mario Property, Mitigation Plan to correct Buffer Fill Violation (Parcel 072104 9029) prepared by H & S Consulting (dated August 23, 2009) Mario Property, Welland Analysis Report, prepared by 13-twelve Associates, Inc. (dated February 17, 2005) Background: In 2017, applicant has proposed to remove 30 trees on a 2.37-acre parcel containing a wetland associated with Mirror Lake. Mirror Lake is a regulated lake under the city's critical areas ordinance pursuant to h'aderal Way Revised Code (FWRC) 19.145.350. Proposal cancelled due to June 2019, Storm Water Management Public Works staff identified tree removal and grading occurring on subject property in a wetland buffer without permits. Planning Division and Code Enforcement staff conducted a site visit and posted a cease order on the subject property, confirming site conditions. 'PW Development Services Division requests additional information in order to conduct their review Task Scope: Task Cost: Acceptance: (Consultant) (City Staff) • Confirm accuracy of wetland rating and associated buffer ,set forth in FWRC 19.145, reviewing provided field data. • Estimate total area impacted and describe the requirements/scope of restoration plan. ■ Conduct a site visit as necessary. • Provide technical review response to city. Not to exceed $ Q without a prior written amendment to this Task Authorization. ��,.. f S31 rl �` . � •r i FY, Lit rpnch l )�741 I 1�0 B2 # �t F4hers 1 r U r Pond RS .2 Da re Date Date I '- a• — . j Figure 1. City of Vederal Way Crltleal Men Mapping, Updated 2016 Sour¢[: hrt :IOW^dl�hC njiCrohYaY•Few_�} fjefauiV![i�yinian5/SCls.lilly@ 20i411drC t7.Inlfsr�M.vel Figure 1, Kiel; County Parcel VI ewer. 2015 Source: iim-n r 1 .9 �r 0 0 z TL#0721p4_9029 TL#0721p4-9p30 GRAPHIC SCALE 30 0 15 30 60 120 ( IN FEET ) LEGEND 1 inch = 30 ft. -o- UTILITY POLE SURVEY NOTES E- GUY WIRE INSTRUMENT: FOCUS 35 & SP 80 GPS METHOD USED: FIELD TRAVERSE WITH ACTUAL FIELD MEASUREMENTS AND ANGLES CONIFER TREE WAC 332-130-090 (F) FIR DATE OF SURVEY: NOVEMBER 2019 (C) CEDAR BASIS OF BEARING: PLAT OF MIRROR LAKE SITE BENCHMARK: NORTHWEST CORNER OF CONCRETE 0 DECIDUOUS TREE PATIO NEAR THE NORTHWEST CORNER MAPLE OF EXITING HOUSE EL = 319.87(NAVD88) �M� AALDER (COT) COTTONWOOD RESUBMITTED DEC 0 3 2019 CfTY OF FEDERAL WAY COMMUNTTY DEVELOp'MENT CONTACT INFORMATION APPLICANT: SHAWN SINGH DARSHAN RANDHAWA 31343 2ND AVE. S.W. FEDERAL WAY, WA 98023 SHAWNANDHAWA@YAHOO. COM DREAMCONSTRUCTION222@GMAIL. COM JAYESH 860-383-6090 ENVIRONMENTAL CONSULTANT: J. S. Jones and Associates, Inc. PO Box 1908 Issaquah, Washington 98027 253-905-5736 jeff.jsjones@comcast.net LEGAL DESCRIPTION: THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST. WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. NORTH SCALE: 1 = 20' APPROXIMATE WET LAND PER WETLANDS REPORT DATED SEPTEMBER 2017 W Randhawa Critical Area Restoration Plan Parcel No. 072104-9242 31343 2nd Ave. S.W., Federal Way, Washington 98023 NW 1/4, Section 7, Township 21 N, Range 4 E KEY WETLAND RESTORATION AREA BUFFER RESTORATION AREA EROSION CONTROL FENCE SPLIT -RAIL FENCE --- —��— WETLAND BOUNDARY 105' WETLAND BUFFER TL#072104_9029 629.4" e' TL#07 21 04-9030 PROPOSED GRADE LINES PROPOSED GRADE LINES r12 a • TL#072104-9242 SITE _ P' VICINITY MAP NOT TO SCALE Critical Area Impacts Wetland Impact Area 8,600 square feet Wetland Buffer Impact Area 20,360 square feet 0 CD C z O w m w Q 0 C7 z U O o z V1 U CC3 � 01 Q� 00 Z z W Q z Z O C M N O 00 O E 0 U M0 O 0 � M >� C > 3 0 c C � _ C U_ a�a o L CD O ai (D yam°CO — L N CO 00 M M L z w U LU O _I U x a m LU w m m m � w CD i-n °� o z Q °� o -) ui Y w o� -� O 0 N N -i -i U Q Cq W _j o <C N W U !� , = O U) U) �su � Uz KEY FILL AREA ��-- WETLAND BOUNDARY 105' WETLAND BUFFER PROPOSED GRADE LINES ---------------------------------------- EXISTING GRADE LINES EROSION CONTROL FENCE SPLIT -RAIL FENCE F-1 CRITICAL AREA SIGN NORTH S ALE: 1 " = 20' S8805221"E o ■ ■ WETLAND BOUNDARY ACCORDING TO — JARTEET WETLANDS REPORT DATED SEPTEMBER 2017 w LC7 CD CD MOVE SILT FENCE TO EDGE OF FILL AT APPROX. 304 FT CONTOUR Randhawa Critical Area Restoration Plan Parcel No. 072104-9242 31343 - 2nd Ave. S.W., Federal Way, Washington 98023 NW Quarter, Section 7, Township 21 N, Range 4 E Clearing and Grading LOT AREA 103,237 SF LOT GRADING 40,980 SF PERCENTAGE OF SITE 40% WETLAND AREA 8,600 SF BUFFER AREA INCLUDING OFF -SITE 20,360 SF IMPACT AREA OUTSIDE OF BUFFER 12,020 SF TOTAL CLEAR & GRADING IMPACT 40,980 SF EST. WETLAND CUT 160 CY EST. BUFFER CUT 188 CY TOTAL CUT 348 CY FILL AREA #1 1,070 SF FILL AREA #2 1,180 SF TOTAL ONSITE FILL AREA 2,250 SF EST. ONSITE FILL 83 CY TOTAL FILL AREA 2,250 SF IFILL A Mr- n 4-4 1 L 0p2104-9029 UT AREA ❑UTSIDE BUFFER 1,800 SF N \ . RADING ----� OUTSIDE ❑F: N I BUFFER 1 AREA RITICAL AREA SIGN (TYP.) 12,020 SF I f' _ �g _�� --- ff SHE T BE i REM E D Y It 1. =� 15 W A' N > 629.4 �' ] ,�,F �o ILL AREA #Z 1,180 SF 072104J9030 TL#072104-9242 d- 0 CD z O C0 W m W C O z N 00 o H Coax U 3 v� x � Q.i � x o ,~ � o H z J � f fn 0 Q Im N O 00 cy) E 0 O O U O O 5) mc C CU O Mc C�� L �N (Io L o ai (0 mc y Q CO N CO co00 L W0 t— U LIJ U IIa. } m o W m m a W C�>°� U) O Z > O LIJ Y W O O a- W N W o Q N W 4- = o U U) N W>4 Cm EL 2 m� t...3 LL Cf)Lca a: v SYMBOL ■ Randhawa Critical Ara Restoration Parcel No. 072104-9242 31343 2nd Ave. S.W., Federal Way, Washington 98023 NW Quarter, Section 7, Township 21 N, Range 4 E Plant Materials Wetland Restoration Area (8,600 sf) Qty. COMMON NAME SCIENTIFIC NAME SIZE Wetland Area Trees OREGON ASH TOTAL Shrubs WILLOW RED -OSIER DOGWOOD SLOUGH SEDGE TOTAL FRAXINUS LATIFOLIA 2 GAL 12 12 SALIX SP. 32" MIN. WHIP 12 CORNUS STOLONIFERA 32" MIN. WHIP 12 RUBUS SPECTABILIS STEMS 600 624 Plant Materials Buffer Restoration Area (20,360 sf) Qty. Buffer Qty. per SYMBOL COMMON NAME SCIENTIFIC NAME SIZE Restoration Area 50x50 Square Trees WESTERN RED CEDAR THUJA PLICATA 1 GAL 56 7 t_>j BIG -LEAF MAPLE ACER MACROPHYLLUM 1 GAL 56 7 RED ALDER ALNUS RUBRA 1 GAL 56 7 TOTAL 168 21 Shrubs sL SALAL GAULTHERIA SHALLON 1 GAL 160 20 sF SWORD FERN POLYSTICHUM MUNITUM 1 GAL 160 20 vM VINE MAPLE ACER CIRCINATUM 1 GAL 48 6 BH BEAKED HAZELNUT CORLUS CORNUTA 1 GAL 48 6 sB SALMONBERRY RUBUS SPECTABILIS 1 GAL 96 12 pN PACIFIC NINEBARK PHYSOCARPUS CAPITATUS 1 GAL 48 6 TOTAL 560 69 TREE AND SHRUB PLANTING AND STAKING DETAIL 4 ! ' kD N ;44 TREE TIE SHALL NOT CONSTRICT PLACE TOP OF ROOTBALL 1 INCH TREE DEVELOPMENT PLACE TOP OF ROOTBALL 1 INCH ABOVE THE LEVEL OF NATIVE SOIL. ABOVE THE LEVEL OF NATIVE SOIL. BEFORE MULCH, POTTING SOIL BEFORE MULCH, POTTING SOIL SHOULD BE VISIBLE STAKE ONLY IF NECESSARY (TYPICALLY IF TREE IS GREATER SHOULD BE VISIBLE 2 INCH DEPTH MEDIUM BARK THAN 4 FEET TALL) 2 INCH DEPTH MEDIUM BARK MULCH NOT TOUCHING ST MULCH NOT TOUCHING ST STAKE TREE AT 1/3 HEIGHT OF `. TREE, USE "TREE TIES' OR CUT CIRCLING ROOTS AND ENGINEER APPROVED CUT CIRCLING ROOTS AND X SPREAD OR "BUTTERFLY" EQUIVALENT, REMOVE STAKE SPREAD OR "BUTTERFLY" ROOTBALL AND TIE AFTER 1 YEAR ROOTBALL NATIVE SOIL BACKFILL WITH NATIVE SOIL NATIVE SOIL • ONLY, COMPACT MODERATELY ! BY HAND REST BOTTOM OF ROOTBALL ON UNDISTURBED NATIVE SOIL WIDTH OF PLANTING TOLE SHALL 3" WIDER AND READ A 3 FOOT MINIMI NAMETER MULCH RIN( (DONUT) AROUND THE PLANTING HOLE 0 L0 Typical Buffer 50 ' (DONUT) AROUND THE PLANTING HOLE TREE TIE SHALL NOT CONSTRICT TREE DEVELOPMENT —STAKE ONLY IF NECESSARY (TYPICALLY IF TREE IS GREATER THAN 4 FEET TALL) 2 INCH DEPTH MEDIUM BARK MULCH NOT TOUCHING STEP/ STAKE TREE AT 1/3 HEIGHT OF TREE, USE "TREE TIES' OR CUT CIRCLING ROOTS AND ENGINEER APPROVED ' SPREAD OR 'BUTTERFLY' EQUIVALENT, REMOVE STAKE ROOTBALL AND TIE AFTER 1 YEAR - BACKFILL WITH NATIVE SOIL NATIVE SOIL ONLY, COMPACT MODERATELY BY HAND (DONUT) AROUND THE PLANTING HOLE t.� PLACE TOP OF ROOTBALL 1 INCH ABOVE THE LEVEL OF NATIVE SOIL. BEFORE MULCH, POTTING SOIL SHOULD BE Buffer Grass Seeding GRASS NAME SCIENTIFIC NAME PERCENTAGE BLUE WILDRYE ELYMUS GLAUCUS 60% MEADOW BARLEY HORDEUM BRACHYANTHERUM 30% TUFTED HAIRGRASS DESCHAMPSIA CAESPITOSA 10% • APPLICATION RATE: 40 LBS PER ACRE • TOTAL BUFFER AREA TO BE SEEDED: 0.47 ACRES • TOTAL AMOUNT OF SEED NEEDED: 20 LBS • BROADCAST SEED APPLICATION BY HAND NOTE: THE ABOVE SPECIFIED GRASS SEED IS A SPECIFIC MIXTURE OFTEN USED IN RESTORATION PROJECTS. IF THE ABOVE SPECIFIED MIX IS NOT READILY AVAILABLE CONTACT THE CONSULTING BIOLOGIST FOR OTHER APPROPRIATE MIXTURES. P VISIBLE i- BACKFILL WITH NATIVE SOIL D z 0 W m W d 0 0 z H V1 O zo U^3 CCS 14 Z z V a H J � Z O U C Q M N O O O C ° O U O O mc _ M'S C N � a) _ C� a� L ��O L a mcCO� co L N CO CO d' co co 1� W F— W 0 O U d � W m m LU C� U) a) O Z Q CD 4 � W a) O O d o N -� Q _j 7 W LO W U O y— = o t) Z to M e.. LLJ c r SILT FENCE DETAIL METAL FENCE POST 4 WIRE BACKED SILT FENCE A�Ae%utfr%T� M^n i•rrr4, Note: INSTALL SPLIT RAIL FENCE ALONG LOWER LIMIT OF CLEARING AND GRADING 318' 317' 316' 315' 314' zz 313' 312' 311' Li 310' w 309' 308' 307' 306' 305' 304' SILT FENCE METAL POST Randhawa Critical Area Restoration Plan Parcel No. 072104-9242 31343 2nd Ave. S.W., Federal Way, Washington 98023 NW Quarter, Section 7, Township 21 N, Range 4 E SPLIT RAIL FENCE DETAIL 4"x4" SPLIT RAIL POST • • 30" TO 42" 18" TO 2 4" NOTES: INSTALL SPLIT RAIL FENCE ALONG WETLAND BUFFER FENCE MAYBE CONSTRUCTED OF CEDAR SPLIT RAIL OR VINYL COATED PLASTIC THE FENCE NOT BE SOLID AND MUST ALLOW WILDLIFE TO PASS THROUGH. GRADING CROSS-SECTION A -A WETLAND SIGN DETAIL PROTECTION OF THIS NATURAL AREA IS IN YOUR CARE. ALTERATION, DISTURBANCE AND DUMPING ARE PROHIBITED IN CRITICAL AREAS. ATTACH SIGN TO POST WITH TWO 5/16 WOOD SCREWS, OR NAILS WITH RUBBER WASHERS PRE-PRINTED METAL SIGN SIGNS SHALL BE POSTED IN LOCATIONS SHOWN ON SHEET 2 OF 5 SIGNS ATTACHED TO SPLIT -RAIL FENCE POSTS 50' 100' 50' 200' 252' DISTANCE FT z 0 U) W m W a 0 0 z U � Oz V cis � ^3 ct a '1-'' 14 z z W Q H U z O U C 0 M i� »� N O O O E 0 O O U O mc s�� M (CS �C C c C —�. O =i U) M o yM -� , L N M O co Q co i� z W U O U IY a m m o W } m m m o W z z L O W a Q Q 0 N J W Q z W W c� o = o U) z U) �,- 4 car -J LUr M V ri] O LL w Q U 1.0 Executive Summary The applicant proposes to resolve City of Federal Way Violation Notice 19-103242-00-VO. The property owner cleared and graded wetland and wetland buffer. The area of wetland impact is 8,600 square feet. The area of wetland buffer impact is 20,360 square feet. The unpermitted clearing above the wetland buffer is 12,020 square feet. All fill will be removed from critical areas and the wetland and wetland buffer will be restored to a native plant community. Some of the fill will be relocated outside of the buffer and the remaining fill will be hauled offsite. Wetland Restoration Area 8,600 sf Buffer Restoration Area 20,360 sf Clearing and Grading Outside of Buffer 12, 020 sf Total Area of Unpermitted Clearing and Grading 40,980 sf Estimated Cut 348 cy Estimated Onsite Fill 83 cy 1.1 Goals and Objectives The goal of mitigation is to restore impacted wetland and wetland buffer. The objectives necessary to meet the above stated goal are: • Install erosion control measures • Remove unpermitted fill • Decompact topsoil • Install native plant materials • Install split rail fencing and wetland signs • Maintain and monitor the enhancement area for a period of five years or until the site meets the specified performance standards • Record the sensitive area in a "Notice on Title" • If the enhancement area fails to meet performance standards provide a contingency plan to rectify the situation. 2.0 Project Location The property is King County Tax Parcel No.: 072104-9242, located at 31343 2nd ave SW, Federal Way, Washington 98030. 3.0 Responsible Parties Property Owners Darshan Randhawa 31343 2nd Ave. S.W. Federal Way, Washington 98023 866-383-6090 shawnandhawa@yahoo.com Environmental Consultant J. S. Jones and Associates, Inc. Attn: Jeffery S. Jones, PWS P.O. Box 1908 Issaquah, Washington 98027 jeff.jsjones@comcast.net 253-905-5736 4.0 Standards All work and materials shall conform to City of Federal Way standards and specifications, and to the specifications and details shown on these plans. 5.0 City of Federal Way Contact Certain actions within this mitigation/restoration plan require inspection or approval by City of Federal Way staff. Requests for inspection/approval shall be coordinated with City of Federal Way staff. 6.0 Contractor Information When it is available, contact information shall be provided to City of Federal Way that includes names, addresses and phone numbers of persons/firms that will be responsible for grading the mitigation/restoration area, installing required plants, and performing required maintenance and monitoring. 7.0 Contractor's Qualifications Contractor/Landscape Installer must be experienced in mitigation and restoration work. The Permittee shall provide that there is one person on the site at all times during work and installation who is thoroughly familiar with the type of materials being installed and the best methods for their installation, and who shall direct all work being performed under these specifications. This person shall be experienced in installing native plant materials for wetland mitigation or restoration projects, unless otherwise allowed by the Wetland Scientist and/or City of Federal Way staff. 8.0 Site Conditions The Permittee and/or Wetland Scientist shall immediately notify City of Federal Way staff of any discrepancies between these plans and the site conditions. The locations of plants shown may be Randhawa Critical Area Restoration Plan Parcel No. 072104-9242 31343 2nd Ave. S.W., Federal Way, Washington 98023 NW Quarter, Section 7, Township 21 N, Range 4 E modified in the field by the Wetland Scientist and/or City of Federal Way staff, based on field conditions at the time of planting. Changes should be documented and as -built drawings submitted to City of Federal Way upon request for formal construction approval. 9.0 Plants 9.1 Origin: Plant materials shall be Northwest native plants, nursery grown in the Puget Sound region of Washington. Dug plants may only be used upon approval of City of Federal Way staff. 9.2 Handling: Plants shall be handled so as to avoid all damage, including breaking, bruising, root damage, sunburn, drying, freezing or other injury. Plants must be covered during transport. Plants shall not be bound with wire or rope in a manner that could damage branches. Protect plant roots with shade and wet soil in the time period between delivery and installation. Do not lift container stock by trunks, stems, or tops. Do not remove from containers until ready to plant. Water all plants as necessary to keep moisture levels appropriate to the species horticultural requirements. Plants shall not be allowed to dry out. All plants shall be watered thoroughly immediately upon installation. Soak all containerized plants thoroughly prior to installation. Bare root plants shall not be used unless planted between November 1 and March 1, and only with the permission of the Wetland Scientist and City of Federal Way staff. Bare root plants must have enough fibrous root to insure plant survival. Roots must be covered at all times with mud and/or wet straw, moss, or other suitable packing material until time of installation. Plants whose roots have dried out from exposure will not be accepted at installation inspection. 9.3 Storage: Plants stored by the Permittee for longer than one month prior to planting shall be planted in nursery rows, and treated in a manner suitable to that species horticultural requirements. Plants must be reinspected by the Wetland Scientist prior to installation. 9.4 Damaged Plants: Damaged, dried out, or otherwise mishandled plants will be rejected at installation inspection. All rejected plants shall be immediately removed from the site. 9.5 Plant Names: Plant names shall comply with those generally accepted in the native plant nursery trade. Any questions regarding plant species or variety shall be referred to the Wetland Scientist or City of Federal Way staff. All plant materials shall be true to species and variety. 9.6 Plant Substitutions: Plant substitutions are not permitted without the permission of the Wetland Scientist and/or City of Federal Way staff. Same species substitutions of larger size do not require special permission. 9.7 Quality and Condition: Plants shall be normal in pattern of growth, healthy, well -branched, vigorous, with well -developed root systems, and free of pests and diseases. Damaged, diseased, pest -infested, scraped, bruised, dried -out, burned, broken, or defective plants will be rejected. Plants with wounds will be rejected. 9.8 Roots: All plants shall be balled and burlapped or containerized, unless explicitly authorized by the Wetland Scientist. Rootbound plants or B&B plants with damaged, cracked or loose rootballs (major damage) will be rejected. Immediately before installation, plants with minor root damage (some broken and/or twisted) must be root -pruned. Matted or circling roots of containerized plantings must be pruned or straightened and the sides of the root ball must be roughened from top to bottom to a depth of approximately half and inch in two to four places. Bare root plantings of woody material is allowed only with permission from the Wetland Scientist, and/or City of Federal Way staff. 9.9 Sizes: Plant sizes shall be the size indicated in the plant schedule. Larger stock may be acceptable provided that it has not been cut back to size specified, and that the root ball is proportionate to the size of the plant. Smaller stock may be acceptable, and under some circumstances preferable, based on site -specific conditions. Measurements, caliper, branching and balling and burlapping shall conform to the American Standard of Nursery Stock by the American Association of Nurserymen (latest edition). 9.10 Form: Evergreen trees, if used, shall have single trunks and symmetrical, well -developed form. Deciduous trees shall be single trunked unless specified as multi -stem in the plant schedule. Shrubs shall have multiple stems, and be well -branched. 9.11 Planting: Planting shall be done in accordance with illustrated details in the mitigation/restoration plan set and accepted industry standards. 9.12 Timing of Planting: Unless otherwise approved by City of Federal Way staff, all planting shall occur between September 1 and May 31. 9.13 Weeding: Existing and exotic vegetation in the mitigation and buffer areas will be hand weeded from around all newly installed plants at the time of installation and on routine basis through monitoring period. No chemical control of vegetation on any portion of the site is allowed without the written permission of City of Federal Way staff. 9.14 Soil Amendments: Unless otherwise specified and approved by City of Federal Way, native soil will be incorporated into the planting pits. 9.15 Mulch: The soil surface surrounding all planting pit areas shall receive no less than 2%4" of organic compost or medium bark mulch after planting. Compost or mulch shall be kept well away (at least 2") from the trunks and stems of woody plants. Compost shall be Cedar Grove Pure Compost or approved equal. 9.16 Site Conditions: Contractor shall immediately notify the Wetland Scientist of drainage or soil conditions likely to be detrimental to the growth or survival of plants. Planting operations shall not be conducted under the following conditions: freezing weather, when the ground is frozen, excessively wet weather, excessively windy weather, or in excessive heat. 9.17 Plant Locations: Locations shall be as depicted in the approved plan set. The Wetland Scientist may change the locations of plantings shown on plans based on field conditions. 9.18 Planting in Pits: Planting pits shall be circular or square with vertical sides, and shall be 3" deeper and 6" larger in diameter than the root ball of the plant. Break up the sides of the pit in compacted soils. Set plants upright in pits, as illustrated in planting detail. Burlap shall be removed from the planting pit. Backfill shall be worked back into holes such that air pockets are removed without adversely compacting soils. 9.19 Fertilizer: Slow release fertilizer may be used if pre -approved by City of Federal Way staff. Fertilizers shall be applied only at the base of plantings underneath the required covering of mulch (that does not make contact with stems of the plants). No fertilizers will be placed in planting holes. 9.20 Water: Plants shall be watered upon completion of backfilling. For spring plantings (if approved), a rim of earth shall be mounded around the base of the tree or shrub no closer than the drip line, or no less than 30" in diameter, except on steep slopes or in hollows. Plants shall be watered a second time within 24-48 hours after installation. The earthen rim/dam should be leveled prior to the second growing season. 10.0 Grass Seeding Seeding is required as described in approved plans. Use specified native mix at rate specified. All seed materials shall be free of weed seeds or other foreign matter detrimental to plant growth. 10.1 Timing: Seeding shall not take place until mulch has been applied. Contractor shall insure that areas to receive seed are clean of debris and that final grades are correct. Seeding shall be performed after other plant installation is complete. Seeding is the final step of the initial installation; site shall be closed to all vehicles and foot traffic shall be minimized after seeding is complete. Seeding shall not take place when the ground is frozen or in windy weather. Seeds shall be hand broadcast or by mechanical hand powered spreader, with as even distribution as feasible. Areas within 6"-12" of stems of installed plants shall not be seeded. 11.0 Maintenance Maintenance shall be required in accordance with City of Federal Way guidelines and approved plans. 11.1 Survival: The Permittee shall be responsible for the health of 100% of all newly installed plants for one growing season after installation has been accepted by City of Federal Way staff (see Performance Standards). A growing season for these purposes is defined as occurring from spring to spring (March 15 to March 15, following year). For fall installation (often required), the growing season will begin the following spring. The Permittee shall replace any plants that are failing, weak, defective in a manner of growth, or dead during this growing season, as directed by the Wetland Scientist, and/or City of Federal Way staff. 11.2 Installation Timing for Replacement Plants: Replacement plants shall be installed between September i and March 31, unless otherwise determined by the Wetland Scientist, and/or City of Federal Way staff. 11.3 Duration and Extent: In order to achieve performance standards, the Permittee shall have the mitigation/restoration area maintained for the duration of the monitoring period, 5 years. Maintenance will include watering, weeding around base of installed plants, pruning, replacement, restaking, removal of all classes of noxious weeds (see Washington State Noxious Weeds List, WAC 16-750-005) as well as Himalayan blackberry, and any other measures needed to insure plant survival. Reed -canary grass in the enhancement area will be continually mowed so that it does not out -compete the planted native species. All maintenance shall be directed by the Wetland Scientist. 11.4 Standards for Replacement Plants: Replacement plants shall meet the same standards for size and type as those specified for original installation unless otherwise directed by the Wetland Scientist, and/or City of Federal Way staff. Replacement plants shall be inspected as described above for the original installation. 11.5 Replanting: Plants that have settled in their planting pits too deep, too shallow, loose, or crooked shall be replanted as directed by the Wetland Scientist, and/or City of Federal Way staff. 11.6 Herbicides/Pesticides: Chemical controls shall not be used in the mitigation/restoration area, sensitive areas or their buffers. However, limited use of herbicides may be approved depending on site specific conditions, only if approved by City of Federal Way staff. 11.7 Irrigation/Watering: Water shall be provided during the dry season (May 1-October 15) for the first two years after installation to ensure plant survival and establishment. Water should be provided by a temporary above ground irrigation system. Water should be applied at a rate of 1" of water two times a week for year 1 and 1" of water one time a week during year 2. 11.8 General: The Permittee shall include in general maintenance activities the replacement of any vandalized or damaged signs, habitat features, fences or other structural component of the mitigation site. 12.0 Performance Standards - Plant Cover and Survival Plant survival and cover standards are established to measure mitigation success as follows: Performance Standards Year 1 Year 2 Year 3 Year 4 Year 5 Shrub and Sapling Tree Cover* >10% >15% >20% >20% >25% Shrub and Sapling Tree Survival 100% >90% >80% >80% >80% *Includes beneficial native plants in that category that are naturally recruiting volunteers Less than 10% invasive vegetation during any monitoring event. 13.0 Monitoring Monitoring shall be conducted annually for 5 years in accordance with the approved mitigation/restoration monitoring plan. 13.1 Vegetation Monitoring: Sample belt-transect and plots will be established for vegetation monitoring, and photo -points established from one end of each transect and one per plot. No less than (1) one transect and (3) three plots will be established in each enhancement area. Permanent plot location(s) must be identified on mitigation/restoration site plans in the first monitoring report (they may be drawn on approved mitigation/restoration plans by hand). Monitoring of vegetation plots shall occur annually between August 1 and October 15 (prior to leaf drop), unless otherwise specified. 13.2 Photopoints: No less than one (1) permanent photo point per plot and transect will be established within the mitigation/restoration area. Photographs will be taken from these points to visually record the condition of the mitigation/restoration area. Photos shall be taken annually between August 1 and September 30 (prior to leaf drop), unless otherwise specified. 13.3 Reports: Monitoring reports shall be submitted by December 31 of each year during the monitoring period. As applicable, monitoring reports must include description/data for: a. Site plan and location map ii. Historic description of project, including date of installation, current year of monitoring, restatement of mitigation/restoration goals, and performance standards iii. Plant survival, vigor, and aerial coverage from every plant community (transect data), and explanation of monitoring methodology in the context of assessing performance standards iv. Buffer conditions, e.g. surrounding land use, use by humans, wild and domestic creatures vi. Observed wildlife, including amphibians, avians and others ix. Receipts for off -site disposal of any dumping, weeds, or invasive plants X. Receipts for any structural repair or replacement xi. 411x6" color photograph taken from permanent photo -points as shown on Monitoring/Restoration plan. xiii. Summary of maintenance and contingency measures proposed for next season and completed for past season 13.4 Deficiencies: Any deficiency discovered during any monitoring or inspection visit must be corrected within 60 days of approval by City of Federal Way. 13.5 Contingency Plan: Should any monitoring report reveal the mitigation has failed in whole or in part, and should that failure be beyond the scope of routine maintenance, a Contingency Plan will be submitted. The Contingency Plan may range in complexity from a list of plants substituted, to cross -sections of proposed engineered structures. Once approved, it may be installed, and will replace the approved mitigation/restoration plan. If the failure is substantial, the City of Federal Way may extend the monitoring period for that mitigation. 14.0 Bond Prior to beginning any work, the Permittee must provide a mitigation/restoration bond or assignment of funds per City of Federal Way procedures. Upon approval of the mitigation plan, a bond quantity worksheet will completed based on all elements of the mitigation/restoration plan. 15.0 As -Built Plans Where field conditions require minor changes to approved plan, those changes must be documented and submitted to City of Federal Way for approval. Monitoring period begins when the As -Built plan has been approved, which then becomes the approved mitigation plan for future inspection purposes. z 0 w m w Q 0 z • U N . rM04 o r� U � U x � �-' 4 o •� N ~ V 1 z 414 F- J � c co 0 C 0 (y) 4d 4d 00 G rn E o y M O o O Cn@ y C C M LL S o L � rn o ai W MC (A N W CO 00 NT co Q co L z U w _J U 0 W n. m w m m ZLU fn ai O a�'i O Y w ai O > o ( H C) N 0 -) � 0 _-) -i U - � -i a. N ..J W Q Z W W 4- 00 = o cn Z c) L, W -� .. im UJ ,r