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16-101020Leila Willoughby -Oakes From: Richard Pierson <econoforester@msn.com> Sent: Sunday, June 12, 2016 8:11 PM To: Leila Willoughby -Oakes Subject: North Lake Summer Lots Leila -- I have withdrawn my offer on the lot we had been discussing. Thank you for your help. It just got to be too much. Best wishes, Richard Pierson Federal Way, WA 253-927-7465 FILE 14kCITY OF Federal Way March 24, 2016 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Jim Ferrell, Mayor Richard Pierson Emailed: ec not resternmsn.corn 3516 S 336"' Street Auburn, WA 98001-9655 Re: File #16-101020-00-AD; WETLAND CONSULTANT PEER REVIEW ESTIMATE Pierson/Na/Tran, 30xxx S 337`h St., Parcel Nos. 442060-0025, 442060-0030 & 442060-0035 Dear Mr. Pierson: Enclosed please find the consultant task authorization with the scope of work for review of the `Wetland Determination for North Lake Properties.' The Department's consultant, Environmental Science Associates (ESA), was asked to provide an estimate for their review of information prepared by C. Gary Schulz, Wetland/Forest Ecologist, October 25, 2014. The normal course of action is for the City to set up an account to be funded by the applicant and drawn down by the work performed by ESA. Please note that if any of the fiends are not used, they will be returned to the applicant. A check in the amount of $1,333.33, payable to the City of Federal Way, and signature on the consultant authorization form must be submitted before the review will begin (total peer review costs for both lots will be $4,000.00). Please note —this fee will cover the review of the materials, field review, and technical memorandum. Any meeting would occur during ESA's field review if requested by the applicant. Additional reviews or meetings beyond that will require a supplemental cost and authorization. Per formal discussions, the peer review costs will be divided between yourself, Mr. Youngyul and Ms. M. Tran for the report. Following receipt, I will authorize ESA to begin their formal review. If you have any questions regarding this letter or your project, please contact me at 253-835-2644, or leila.willoughby-oakes@cityoffederalway.com. Sincerely. -eila Willoughby -Oakes Associate Planner enc: REVISED Task Authorization Form (Signed) City of Federal Way Invoice I6-101020-AD Doc. I D 72517 Leila Willoughby -Oakes From: Leila Willoughby -Oakes Sent: Monday, May 09, 2016 2:35 PM To: 'Richard Pierson' Subject: RE: NL Summer Lots Hi Richard, Yes you do need a wetland delineation to apply, if you do apply the shoreline exemption will be put on hold and a technical review letter would be sent to you requiring site plan revisions to should the buildable area. Please proceed with retaining a wetland biologist to implement the recommendations outlined in the ESA peer review report prior to a land use application. I do not know the wetland categorization for your property, this will be determined by the wetland biologist during their delineation. Wetland buffers are now determined by habitat scores which make buffers vary from site to site, or from area to area. The biologist will do an evaluation and you may choose to retain the original report author. Thank you, Leila (2) Wetland buffers shall be measured perpendicular from the wetland boundary as delineated and marked in the field. Buffer widths are established as follows: Minimum Buffer Buffer Width Buffer Width Buffer Width Width (wetland (wetland (wetland scores (wetland scores scores 3— 4 habitat scores 5 6— 7 habitat 8— 9 habitat Wetland Category points) habitat points) points) points) Category I: 190 feet 190 feet 190 feet 225 feet Bogs and wetlands of high conservation value Category I: 75 feet 105 feet 165 feet 225 feet Forested and based on function score Category II 75 feet 105 feet 165 feet 225 feet Category III 60 feet 105 feet 165 feet 225 feet Category IV 40 feet 40 feet 40 feet 40 feet From: Richard Pierson [mailto:econoforester c msn.com] Sent: Monday, May 09, 2016 2:12 PM To: Leila Willoughby -Oakes Subject: NL Summer Lots Leila -- What do I need to include in the "Description of the Project" for the SPE application? And do I need to have the wetland buffer delineation conclude before I apply? Richard Pierson Federal Way, WA 253-927-7465 ld�kCITY OF Federal Way April 29, 2016 a1 F11' `-C17Y HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor Richard Pierson Emailed: econoforester0msn.com 3516 South 336"' Street Auburn, WA 98001-9655 Re: File #16-101020-00-AD; WETLAND CONSULTANT PEER REVIEW ESTIMATE Pierson/Na/Tran, 30XXX S 3371h St., Parcel Nos. 442060-0025, 442060-0030 & 442060-0035 Dear Mr. Pierson: Please find the enclosed peer review for the `Wetland Determination for North Lake Properties' prepared by C. Gary Schulz, Wetland/Forest Ecologist, October 25, 2014. The Department's consultant, ESA Associates, has determined a full delineation of the northern portion of the three above -mentioned properties is required. No efforts to delineate the wetland boundaries of any identified wetlands were made by the peer reviewer. The following recommendations must be satisfied prior to site development. Based upon afield investigation and other documentation provided, ESA recommends the following: • The lake -fringe wetland in the northern portion of the three subject parcels should be delineated following methods required by the FWRC pursuant to the Corps 1987 Manual and regional supplement. Data plots should be established within and outside of the wetland to document the delineation; and, • The wetland should be rated based on the methods required by the FWRC and a standard buffer should be applied and shown on a site plan. If you have any questions regarding this letter or your project, please contact me at 253-835-2644, or leila.willoughby-oakes@cltyoffederalway.com. Sincerely Ila Willoughby -Oakes Associate Planner enc: ESA Peer Review Report, April 21, 2016 (Wetland Determination Review: Na. Pierson. and Tran Properties) Bulletin 078 Optional Direct Services Application I6-101020-00-AD DOC I.D 73313 CITY OF ' _ Federal Way *REVISED* WETLANDS CONSULTANT PEER REVIEW Date: February 26, 2016 Consultant: Eon Logan 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 206-789-9658 i logan�rcr),esassoc. c om Project: Namyo House — Wetland Determination/ Pierson Weiland Determination Parcels #442060-0025 rLot 51 and 442060-0030 [Lot 61 File: 16-100805-AD 16-101020-AD Project Proponents: Youngyui Na 3906 S. 322"d Street, Federal Way, WA 98001 young• rul[a)conicast.net Richard Pierson Federal Way WA 253-927-7465 ecnoforester msn.com Project Planner: Leila Willoughby -Oakes, Associate Planner 33325 8t11 Ave S., Federal Way, WA 98003 253.835.2644 I.ciltz.Willoi�alzby-[)�tke s�rr��_��y�l'l cicralwa�__con Project Scope: The applicants (potential buyers for abutting lots) propose to construct two new single-family homes at the above -mentioned properties for personal use, unaddressed and undeveloped parcels. The project/building permit scope is undetermined. The City's Critical Areas inventory depicts a fringe wetland on the parcel along North Lake. During a 2015 preapplication, the former owner submitted a Wetland Determination for three undeveloped properties within the plat of Louise North Lake Tracts in Federal Way (442060-0010, 442060-0025 & 442060- 0030). This peer review request is limited to a review of Parcel #442060- 0025 and 442060-0030 for the presence of wetlands. Task Scope: ESA witl provide Third Party Wetland Review services for the Na Property, located at 30XXX S 337d' Street (Parcel #4420600025) and the Pierson Property, located at 30XX S 337h Street (Parcel 94420600030). Our scope includes: 16-100805-AD Doc ID: 72504 Mr. Na/Mr. Pierson February 26, 2016 1. A third -party review of Wetland Determination for North Lake Properties (dated October 25, 2014) for Parcel #442060-0025 and 442060-0030 and associated materials for consistency with Federal Way Revised Code (FWRC) Chapter 15.10 `Critical Areas'; especially Article VI `Regulated Wetlands,' FWRC 15.10.240-15.10.270 requirements. The proposal is located within the residential shoreline designation, therefore critical area regulations within FWRC Title 15- `Shoreline Management' apply (versus FWRC 19.145). 2. Perform a site visit' confirming conditions; and, 3. Prepare brief memo describing results of site visit and letter review. Memo will describe presence or absence of wetlands on subject properties and associated buffer (if present) according to FWRC 15.10. Documents Provided: Peer Review Application (Lot 5-442060-0025) Peer Review Application (Let 6- 442060-0030) 2014 Wetland Determination for North Lake Properties (C. Gary Schulz) Proposed SFR Building Site Plan (Submitted with Shoreline Exemption) City Critical Area Mapping Task Cost: Not to exceed 3 5$ . 00.00 without a prior written amendment to this Task Authorization. Acceptance: City of Federal Way (Planner, Leila Willoughby -Oakes) Date Consultant (Eon Logan, Senior Ecologist, ESA Associates) -I." ordi Lake Tracts Lot 5) (Youngyul Na) Project Proponent (Louise North Lake Tracts Lot 6) (Richard Pierson) Date Date e- / v Date 1 The cost estimate to provide this scope of services is $3,500 pursuant to the fee schedule in our Professional Services Agreement the City. This includes one full -day site visit by two qualified wetland biologists (one associate and one senior), one day to develop the memorandum, and two hours for administrative tasks and communication with City. 16-100805-AD Doc 1D: 72504 FILE CITY OF Federal Way WETLANDS CONSULTANT PEER REVIEW Date: August 24, 2016 Consultant: Ilon Logan I Senior Ecologist Environmental Science Associates 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 206.789,9658 Email: I Lo ga n [cr�.esassoc.corn Project. LL Management LLC— Wetland Determination Peer Review Parcel #442060 0010 (Lot 2 of Louise's North Lake Tracts) File: 16-103944-AD Project Proponent: Irina Dmitroychuk LL Management LLC 24913 104°i Ave. SE, Kent, WA 98030 Email: lawofficenow rnaiLcom Property Owner: Ricka Gerstmann Washington Federal 425 Pike Street Seattle, WA 98104 Email: ricka.tierstmanii().wafd.cosi3 Project Planner: Leila Willoughby -Oakes, Planner 33325 8"' Ave S., Federal Way, WA 98003 253.835.2644 Lei l a. W i llo«a i bb, -Oakes d o ityoffederalway.com Project Scope: A potential buyer proposes to construct a new single-family home at the above - mentioned property, a vacant parcel within the shoreline residential designation. Building pen -nit plans have not been submitted and exact site improvements are unconfirmed at this time. The City's Critical Areas inventory depicts fringe wetlands on the parcel along North Lake and within the open water. The property lines extend into the lake. A Category 11 Wetland and an associated 100 ft. buffer are located on the northern portion of the parcel. In 2015, a preapplication for the subject property and lots under the same ownership was submitted. Separate peer review requests for three lots west of the subject property were submitted in 2016. The on -call consultant peer reviews have not been finalized. Documentation associated with the ES UBMITTED NOV 01 2016 CITY OF FEDERAL WAY CDS reviews is enclosed, as wetlands are approximately on or within 200 ft. of the subject property per FWRC 15.10.240(2). LL Management subm itted a Boundary & Topographic Survey prepared for Washington Federal Bank, prepared by Barghausen Consulting Engineers (dated December 31, 2014). An updated wetland boundary survey is forthcoming from the applicant that depicts a Category II wet€and with a €00-foot buffer (FWRC 15.€ 0.250(1)(b)). The plan was prepared by Barghausen Consulting Engineers, dated revised August 1, 2016. Task Scope: l . A third -party review of Weiland Determination for North Lake Properties (dated October 25, 2014) for Parcel 4442060-0010 and associated materials for consistency with Federal Way Revised Code (FWRC) Chapter 15.10 `Critical Areas'; especially Article VI `Regulated Wetlands,' FWRC 15.10.240-1S.10.270 requirements and FWRC 15.03.030 [O] `Ordinary Highwater Mark' (OHWM). The proposal is located within the residential shoreline designation; therefore, critical area regulations within FWRC Title 15 `Shoreline Management' apply; rather than FWRC 19.145 'Environmentally Critical Areas." 2. Please confirm the OHWM is accurately surveyed for establishing the required 50 ft. shoreline setback under the City of Federal Way's Shoreline Master Program. 3. Perform site visits confirming conditions; and, 4. Prepare a technical memorandum, in particular describing results Of tile site visit and letter review and confining the presence or absence of wetlands on and within 225 feet of the subject property, determining the associated buffers, and the accuracy of the Ordinary Highwater Mark., 5. Project management as needed. Documents Provided: Peer Review Request Wetland Determination for North Lake Properties (Gary Schulz, Oct. 25, 2014) Boundary & Topographic Survey (received August 12, 2016); prepared by Barghausen Engineers (dated Sept. 23, 2014) Boundary & Topographic Survey, prepared by Barghausen Consulting Engineers (dated revised August 1, 2016) (forthcoming from applicant) ESA May 2016 Technical Memo (review for lots to west; same wetland study as above) Assessor Mapping I ordurrtrh.flFghwarerMark JFWRC IS.03.030 101) Weans the niark on all lakes, streams, and tidal waters that will be found by examining She beds and banks and aseertaining where the presence aid action of waters are so con7nion and usual and so long contin Lied in all ordinary years as to mark upon the snit a character distinct front that or the abutting upland. in respect to vegetation, as that condition existed an June I, 1971. as it may naturnlIv change thereafter, or as it rnay change thereafter in accordance with permits issued by u local government or the Department of Ecology- In any area where the ordinary high water Mark cannot be round. the ordinary high watermark adjoining salt water shall be the line of mean higher high tide and the ordinary high water niark adjoining Fresh water shall be the luie of mean high water.' Doc I D 74443 1 G-103944 Task Cost: Not to exceed $ 21 $5a without a prior written amendment to this Task Authorization, Acceptance: Cit f ederal Way (Leila Willoughby--akes, Planner) Date S31 nsultant (Ilon Log , Se ' .cologist, ESA Associates) I7a Project Proponent (Irina Dmitroychuk, LL Management LLC) Date Figure 1. City of Federal Way Critical Areas Map, September 2012 Source: ht�:ilna-icdcrllu;�z,civicius-rnrn+f]nc7rin�nlC'entCrilfnrsscll+ic��llCif! 16.103W Dot JD 74443 ' City of Federal Way Wetland Inventory Field Form Wetland Number Ij-, k Gy 19'I 1/4 SecVTwn/Rng � -,�/ Location (add ressicross-sire a(&) h�� -4F'�_ CyQy�<�aC�usGrwL� S Team Members_ _ %del Date Field Check:: /2 r8�9'F Base Map #: �Q SS �Oh Windshield Acces �Acqs/ Site Not Accessed ) FIELD DATA Cnwnrriin Class Dominant Snn % total W L roes a J�c) m U !j!e l 6,I w4e,- ile il Notable Wildlife Features I!"n 1✓,ir Snags:#'s Z6" z12" 2,24" Heights: � 11 re '?41 /nletpresento N; width ` flow N / Outlet present:&N; width 3 �`�'""'flo4 N None Observed None Observed SourcesV/N) strea culvert: (diam) sheet flow floodplain seeps Human Disturbances: fps, dr., � � a ( �ia.��-s a �vn / ; {to �c /� �� eta haw•, P ° � 4; ��c►�.r a.,d s� ��a / bGa'� GEC �c s . Buffer Conditions: j$G/con. a/, OFFICE DATA AP54- o"C" 4e CS4- NRCS Soil Unit: A a " d eq, WL Rating y Approximate Size: 500 tos 2,500 sq.ft z1 acre,s 2 acre z 2,500 sf, s 1/2 acre Z 2 acre, S 5 acre Z1/2 acres 1 acre 25 acre .OMMENTS/OBSERVATIONS n � 9 r � J _ �04504 r=o a:� aroa� � � � I�tI�� n l 4Q— C��nUal 4 �r,•yell. � 5 ��GK Qn,T dll. `Y''�- � fKd� G</J 1�C�'/ T ✓I-. 1- �l t . n -n i �/+ne� i^ �/ �l`� /� �.� l e +n l '• . f I f l nT :r ! 1 w F �il Leila Willoughby -Oakes From: Ilon Logan <ILogan@esassoc.com> Sent: Friday, February 26, 2016 12:50 PM To: Leila Willoughby -Oakes Subject: RE: Coordinating Peer Review- Northlake Wetland Study Hi Leila, As we just discussed over the phone, here is our revised scope and estimate to provide wetland services on two parcels instead of one. ESA will provide Third Party Wetland Review services for the Na Property, located at 30XXX S 337`h Street (Parcel #4420600025) and the Pierson Property, located at 30XX S 337`h Street (Parcel #4420600030). Our scope includes: • Review wetland letter report by C. Gary Schultz titled Wetland Determination for North Lake Properties (dated October 25, 2014) for consistency with Federal Way Revised Code critical area regulations of the Shoreline Management chapter (FWRC 15.10). Conduct site visit by two qualified wetland biologists to evaluate site conditions and confirm letter report. Prepare brief memo describing results of site visit and letter review. Memo will describe presence or absence of wetlands on subject properties and associated buffer (if present) according to FWRC 15.10. The cost estimate to provide this scope of services is $3,500 pursuant to the fee schedule in our Professional Services Agreement the City. This includes one full -day site visit by two qualified wetland biologists (one associate and one senior), one day to develop the memorandum, and two hours for administrative tasks and communication with City. Please let me know if you have any questions. Thanks! lion From: Leila Willoughby -Oakes [ma iIto: Lei Ia. WiIlou hby-Oa kes ci offederalwa .cam] Sent: Thursday, February 25, 2016 12:09 PM To: Ilon Logan Subject: RE: Coordinating Peer Review- Northlake Wetland Study Thanks lion. Please find a clearer wetland map attached and an excerpt from our City wetland inventory from 1998. With thanks, Leila From: Ilon Logan [mailto:ILogan@esassoc.com] Sent: Thursday, February 25, 2016 8:12 AM To: Leila Willoughby -Oakes Subject: RE: Coordinating Peer Review- Northlake Wetland Study Hi Leila, I've told our biologists to hold off until we hear more from you. Your proposal to Mr. Na seems like a smart idea. 1 guess we'll see. Thanks, Ilon From: Leila Willoughby -Oakes [maifto:Leila.Willoughby-Oake5@cityoffederalway.cam] Sent: Wednesday, February 24, 2016 8:52 AM 30. !yOungyi7i �+�0iii%ai.neL Cc: Ilon Logan Subject: Coordinating Peer Review- Northlake Wetland Study Greetings Mr. Na, Thank you for your shoreline exemption resubmission. I will be processing it next week. I would like to inform you that several potential buyers (two) for Lots 6 and 7 (4420600030 and 4420600035) visited City Hall. I told them there is an ongoing peer review and shoreline exemption on an abutting lot. 1 suggest you pause the wetland study peer review, in ff .+ to .d' to +h with +ha .d' id al + 'f +h id L lots A +I to ai! e!!v! w %ovr uin�'a�c u!i3 vviu! u! $e ii!uiviutr $ w $�� i! a!!ey vvvu!u li!�2 these !v�$ peer rc^vleweu �.vnr'11rr2n�!y determine the buildable area. They may call you shortly as I provided them with your contact information. Their names are: it Richard Pierson and ii) Alexander Statikov or Alec Kord (the latter is working on behalf of his father in law). We could the amend current scope of work with our on -call consultant to include an assessment of Lots 6 and 7 and divide the peer review costs three ways (essentially there would be 3 applicants on the administrative decision form and three separate invoices). This is in the event that you are OK with delaying the peer review possibly by a month provided the other potential buyers contact you within a reasonable amount of time (1-3 weeks) and submit a formal request. If they do not, they will also need to undergo a wetland peer review of their lots prior to building permits. I have not sent you the peer review applicant cost estimate letter (scope of work) yet due to this matter. If you have any questions or comments, please do not hesitate to contact me. Thank you for your time, L. Willoughby -Oakes Associate Planner Please resubmit all applications via the Permit Center. 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 wvv w.c 1 t yoffedera IwaV.com Leila Willoughby -Oakes From: Leila Willoughby -Oakes Sent: Wednesday, November 02, 2016 4:42 PM To: 'Law Offices'; 'David R Knight' ,Cc: 'MMuscari@esassoc.com'; 'Anderson, Paul S. (ECY)'; Ricka Gerstmann; 'Wayne Potter' Subject: North Lake Lots- Peer Review/Dept. of Ecology Determination (4420600025, 4420600030,4420600035 & 4420600010) Attachments: FWRC 15.10 'Critical Areas'.pdf, North Lake Wetland Memo 10-10-16.pdf, ResubmittalInformation.pdf Greetings Mr. Ivanchuk and Mr. Knight (please note David some remarks do not apply to you and please identify which parcel pertains to you), Mr. Ivanchuk, thank you for your call and signed task authorization yesterday. I will now engage the city's third party consultant (ESA) as the contract is signed for review of parcel 4420600010 (Lot 2). The critical area determination is still in process. The Department of Ecology is a technical assistance agency. They were engaged to visit and assess the wetland as directed by the city's on -call biologist (ESA). I will send you and those proponents of the previous three peer reviews a covering city letter outlining next steps attaching Ecology's technical memorandum ('Wetland Determination at North Lake', dated October 10, 2016). 1 will let you know if there are delays sending this package. In conclusion, the following critical areas apply to all lots abutting North Lake: The city determined the subject properties are within 200 feet of a mapped wetland (FWRC 15.10.240). We require the applicant submit a critical area report reviewed and approved by the city. This is the stage you are at now. • Wetland Rating: Per the Ecology assessment, North Lake contains a lacustrine aquatic bed wetland (htt s:ZLwww.fws.ZovLwetlandsLdata ma er.HTML). It is one contiguous wetland complex (see Ecology memo). The wetland is classified as a Category II wetland under FWRC 15.10.240(1)(b) (see attached). Previously, property surveys and reports submitted to the city did not show a wetland rating for the lacustrine wetland or wetland buffer. Wetland Buffer: *A 100 ft. upland wetland buffer applies measured from the Ordinary High Water Mark on tax parcels 4420600025, 4420600030, 4420600035, and 4420600010 (and per city permitting records 7261200035 [File 09-103006-AD]) and all parcels abutting North Lake. The wetland is one functioning complex/unit and must be evaluated as such. Per Ecology the landward wetland edge is the same as the Ordinary High Water Mark (OHWM). The OHWM location is depicted on plans resubmitted by Gary Shultz in August 12, 2016. The OHWM delineation was revised in summer 2016 from previous surveys submitted under a pre -application. There was confusion in the past — several potential buyers without a central contact began to approach the city; largely without technical assistance, to navigate a dually designated area under shoreline jurisdiction and critical areas ordinance. Proponents submitted a 2014 report prepared by C. Gary Schultz (dated October 25, 2014) associated with a 2015 pre -application submitted by the seller. A wetland peer review was completed by ESA with a review memo forwarded to the proponents. A response memo, prepared by the applicant's biologist was submitted on August 4, 2016. ESA, Planning and Ecology do not concur with the response findings. ■ The city has determined there is a consistent shared wetland boundary, wetland rating, and buffer width along North Lake. The city concurs with the Department of Ecology's October 10, 2016 technical report. Your next steps are to show, flag and map this accurately and resubmit to the city using a wetland biologist. Per Ecology do not need to delineate the extents of the wetland boundary in the lake. • A 2014 wetland report is not approved for development on Lot 2 (Parcel: 4420600010). ESA will visit the site in the forthcoming weeks in response to the signed task authorization received yesterday and provide a findings memo to you. If there are comments you must address them using a wetland biologist/qualified professional to respond. Review comments are enclosed in Ecology's technical memo (10/10/2016) regarding the OHWM determination on Lot 2. You will be required to do field work, retain a wetland biologist to re -flag the OHWM, followed by mapping the correct this. • Our on -call biologist concurs with Ecology's memo. If you have questions about Ecology's Wetland Determination please contact Paul Anderson, he is happy to assist. Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Pau I.S.AndersonPecy.wa.goy For lots 4420600025, 4420600030 and 4420600035 the following must occur. You may do these actions before finalizing Lot 2's (442060 0010) on -call peer review by ESA: ■ A wetland biologist, retained by the applicant must flag the wetland boundary (any land disturbance is limited to flagging and wetland report site reconnaissance) (a surveyor cannot perform flagging), after biologist field work the flags must be accurately surveyed to scale on a site plan (i.e. a hand -drawn line will not be accepted). • On future site plans you must show existing wetland buffer vegetation and trees on your building and shoreline land use permits. Full site plans 26 x 36 are highly recommended for city review. The residential shoreline designation requires a minimum required vegetation conservation area (FWRC Title 15), however the critical area/wetland regulations are more restrictive and supersede shoreline setback regulations per FWRC 15.05.040(4)(a) and table in FWRC 15.05.070. • Development defined below shall not occur in the buffer, as mentioned to you David, this will result in a code violation running with the property. o FWRC 19.05.040'D': "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Development includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, I bulkheading; driving or piling; placing of obstructions to any right of public use, and the storage o equipment or materials. • No vegetation or tree cutting, clea ri nx or grading may occur within the wetland buffer du ring or after construction. • No silt fencing or associated wood stakes/poles may be placed in the wetland buffer during construction or staging of construction materials. Please note, Mr. Anderson went above and beyond the call of duty to assist in the North Lake wetland assessment. The initial wetland report submitted to the city was prepared on a non -project specific basis in 2014 (i.e. feasibility analysis). As discussed previously with Mr. Ivanchuk, under the shoreline master program all the development will be subject to either a shoreline exemption or shoreline substantial development permit. The city will provide direction after staff reviews state legislation to determine which shoreline application process applies. If you have questions please contact me directly or Paul Anderson. Kind regards, Leila W-Oakes L. Willoughby -Oakes Associate Planner Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 w ww.c i tyof Fed a ra 1 wa v.co rn L. Willoughby -Oakes Associate Planner FederaI Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 w w w. ci tyoff'e d e ra_I_way-co m Leila Willoughby -Oakes From: Leila Willoughby -Oakes Sent: Wednesday, November 02, 2016 4:42 PM To: 'Law Offices'; 'David R Knight' Cc: '.MMuscari@esassoc.com'; 'Anderson, Paul S. (ECY)'; Ricka Gerstmann; 'Wayne Potter' Subject: North Lake Lots- Peer Review/Dept. of Ecology Determination (4420600025, 4420600030,4420600035 & 4420600010) Attachments: FWRC 15.10 'Critical Areas'.pdf; North Lake Wetland Memo 10-10-16.pdf; ResubmittalInformation.pdf Greetings Mr. Ivanchuk and Mr. Knight (please note David some remarks do not apply to you and please identify which parcel pertains to you), Mr. Ivanchuk, thank you for your call and signed task authorization yesterday. I will now engage the city's third party consultant (ESA) as the contract is signed for review of parcel 4420600010 (Lot 2). The critical area determination is still in process. The Department of Ecology is a technical assistance agency. They were engaged to visit and assess the wetland as directed by the city's on -call biologist (ESA). I will send you and those proponents of the previous three peer reviews a covering city letter outlining next steps attaching Ecology's technical memorandum ('Wetland Determination at North Lake', dated October 10, 2016). 1 will let you know if there are delays sending this package. In conclusion, the following critical areas apply to all lots abutting North Lake: The city determined the subject properties are within 200 feet of a mapped wetland (FWRC 15.10.240). We require the applicant submit a critical area report reviewed and approved by the city. This is the stage you are at now. ■ Wetland Rating: Per the Ecology assessment, North Lake contains a lacustrine aquatic bed wetland (https://www.fws.gov/wetlands/data/mapper.HTM ). It is one contiguous wetland complex (see Ecology memo). The wetland is classified as a Category II wetland under FWRC 15.10.240(1)(b) (see attached). Previously, property surveys and reports submitted to the city did not show a wetland rating for the lacustrine wetland or wetland buffer. Wetland Buffer: *A 100 ft. upland wetland buffer applies measured from the Ordinary High Water Mark on tax parcels 4420600025, 4420600030, 4420600035, and 4420600010 (and per city permitting records 7261200035 [File 09-103006-AD)) and all parcels abutting North Lake. The wetland is one functioning complex/unit and must be evaluated as such. Per Ecology the landward wetland edge is the same as the Ordinary High Water Mark (OHWM). The OHWM location is depicted on plans resubmitted by Gary Shultz in August 12, 2016. The OHWM delineation was revised in summer 2016 from previous surveys submitted under a pre -application. There was confusion in the past — several potential buyers without a central contact began to approach the city; largely without technical assistance, to navigate a dually designated area under shoreline jurisdiction and critical areas ordinance. Proponents submitted a 2014 report prepared by C. Gary Schultz (dated October 25, 2014) associated with a 2015 pre -application submitted by the seller. A wetland peer review was completed by ESA with a review memo forwarded to the proponents. A response memo, prepared by the applicant's biologist was submitted on August 4, 2016. ESA, Planning and Ecology do not concur with the response findings. ■ The city has determined there is a consistent shared wetland boundary, wetland rating, and buffer width along North Lake. The city concurs with the Department of Ecology's October 10, 2016 technical report. Your next steps are to show, flag and map this accurately and resubmit to the city using a wetland biologist. Per Ecology do not need to delineate the extents of the wetland boundary in the lake. A 2014 wetland report is not approved for development on Lot 2 (Parcel: 4420600010). ESA will visit the site in the forthcoming weeks in response to the signed task authorization received yesterday and provide a findings memo to you. If there are comments you must address them using a wetland biologist/qualified professional to respond. Review comments are enclosed in Ecology's technical memo (10/10/2016) regarding the OHWM determination on Lot 2. You will be required to do field work, retain a wetland biologist to re -flag the OHWM, followed by mapping the correct this. ■ Our on -call biologist concurs with Ecology's memo. If you have questions about Ecology's Wetland Determination please contact Paul Anderson, he is happy to assist. Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Pau I.S.AndersonCo}ecy-.wa gov For lots 4420600025, 4420600030 and 4420600035 the following must occur. You may do these actions before finalizing Lot 2's (442060 0010) on -call peer review by ESA: ■ A wetland biologist, retained by the applicant must flag the wetland boundary (any land disturbance is limited to flagging and wetland report site reconnaissance) (a surveyor cannot perform flagging), after biologist field work the flags must be accurately surveyed to scale on a site plan (i.e. a hand -drawn line will not be accepted). ■ On future site plans you must show existing wetland buffer vegetation and trees on your building and shoreline land use permits. Full site plans 26 x 36 are highly recommended for city review. The residential shoreline designation requires a minimum required vegetation conservation area (FWRC Title 15), however the critical area/wetland regulations are more restrictive and supersede shoreline setback regulations per FWRC 15.05.040(4)(a) and table in FWRC 15.05.070. m Development defined below shall not occur in the buffer, as mentioned to you David, this will result in a code violation running with the property. o FWRC 19.05.040'D': "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Development includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling, grading, paving dredging, excavation, mining, drilling, bu/kheading; driving of dire r placing of obstructions to any right of public use, and the storage _of equipment or materials. • No vegetation or tree cutting, clearing or grading may occur within the wetland buffer durinz or after construction. • No silt fencing or associated wood stakes/poles may be placed in the wetland buffer during construction or staging of construction materials. Please note, Mr. Anderson went above and beyond the call of duty to assist in the North Lake wetland assessment. The initial wetland report submitted to the city was prepared on a non -project specific basis in 2014 (i.e. feasibility analysis). As discussed previously with Mr. Ivanchuk, under the shoreline master program all the development will be subject to either a shoreline exemption or shoreline substantial development permit. The city will provide direction after staff reviews state legislation to determine which shoreline application process applies. If you have questions please contact me directly or Paul Anderson. Kind regards, Leila W-Oakes L. Willoughby -Oakes Associate Planner Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 wwwx i tvoff e d e ra I way. co m L. Willoughby -Oakes Associate Planner Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone:253/835-2644 Fax: 253/835-2609 www.cityoff edera Iway.co m CITY OF O Federal Way March 22, 2017 Irma Dmitroychuk LL Management LLC 24913 104t1' Ave. SE Kent, WA 98030 LL F3,325'8tLhAWveEnue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com Jim Ferrell, Mayor Emailed: iawofficenowc Inail.coln Re: File: 16-103944-AD (Rel. File 16-106166-AD); WETLAND DELINEATION APPROVAL LL Management, Lot 2, Louise's North Lake Tracts, S. 337`h Street, Federal Way Dear Ms. Dmitroychltk, On August 12, 2016, the City of Federal Way received your request for a third party review of the Wetland Report for parcel 442060-0010 prepared by Gary C. Shultz (October 25, 2014), and a wetland survey by Barghausen (dated September 23, 2014). The report indicates there is a Category 11 wetland (Wetland A) onsite with a 100-foot wetland buffer. WETLAND REPORT The city forwarded your request to our consultant, ESA, for their review. Biologist Michael Muscari of ESA completed a site visit on November 15, 2016, reviewed relevant documents, and prepared a technical memorandum (January 31, 2017) in which he did not concur with components of the Gary C. Shultz report and the 2014 Barghausen survey. The city conculTed with ESA's assessment and on February 8, 2017, requested a new wetland report and OHWM delineation. ESA did not agree with the mapped OHWM and wetland boundary. They requested your biologist re -flag the wetland boundary and OHWM to coincide with shoreline indicators that show recent high water. The OHWM is located south of where it is shown on the 2014 survey. The correct OHWM location is actually the Category 11 upland wetland boundary line shown on the 2014 survey, and the wetland boundary' is located south of the new OHWM. On December 27, 2016, the City received your direct services application (file #16-106166-AD) in order to address ESA's comments. That request was subsequently cancelled as Altman Oliver Associates was contracted to complete a new wetland report. On February 21, 2017 and March 9, 2017, you resubmitted a wetland delineation report prepared by Altman Oliver Associates (February 28, 2017) and a revised wetland survey prepared by Barghausen (February 16, 2017). After a review of the resubmittal, ESA concurs with the revised report, the corrected survey, Category 11 wetland rating, and 100-foot wetland buffer pursuant to FWRC 15.10.250. The city concurs with ESA's assessment. FUTURE DEVELOPMENT When submitting your building permit and Shoreline Exemption applications, please provide a scaled site plan depicting the Category 11 wetland, OHWMM, and a 100-foot wetland buffer measured landward from The wetland is a LaCUstrine—Aquatic bed, Category II wetland with a 100-foot buffer. It is contiguous with the southern and western shorelines of North Lake (Department of Ecology, 2016). The wetland is located upland on the subject property, but also extends into North Lake. Ms. Dmitroychuk March 22. 2017 -page. �-� f-2 - -• - - - ____ � _ . the OHWM. All proposed improvements shall be located outside of the wetland and wetland buffer pursuant to FWRC 15.10.260(1), FWRC 15.10.270(1), and FWRC 15.10.120. OcAraO LL Jl Please consider this peer review file no.16-103944-AD closed. Should you have any questions regarding this letter, I can be reached at 253-835-2644 or lei la.►v':llott2hb -oakes c�li citvoffederalway.com. Sincerely, Leila Willoughby -Oakes Associate Planner enc: Approved Wetland Report (dated 02-28-17) Approved Wetland Survey (dated 02-16-17) Dept. of Ecology North Lake Memo (10-10-16) C: Becky Chapin, Associate Planner David R. Knight-, Owner's Agent-, Emailed: David LandmanLeinisn.com David Pater- Dept. of Ecology_ Emailed: DAPA146147;ecv.u•a.V_ov Ricka Gerstmann, Assistant VP, Washington Federal, 425 Pike St., Seattle, WA 98104. Emailed: ricka.cerstntaitnsiiiward.com (w/ encl.) I6-106166-00-AD Doc- I D 7>S76 Leila Willoughby -Oakes From: Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV> I Sent: Friday, September 23, 2016 8:25 AM To: Leila Willoughby -Oakes Cc: Pater, David (ECY) Subject: RE: North Lake wetland ER Leila: The consensus of Ecology wetland staff is that the aquatic bed wetland along the south and west shoreline of North Lake should be considered contiguous with the strip of scrub -shrub wetland identified on the site plans. Pertinent language from the current wetland rating system includes the following: Section 4.4 — 2014 Wetland Rating System for Western WA. "Sometimes a strip of open water is found between the wetland plants farther from shore and those closer to shore. In this situation, the open water is considered a part of one unit that encompasses both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the area of open water may only be temporary, or the submerged plants are present but not visible because they do not grow to the surface. The plants may also be absent due to wave action or physical removal." The National Wetlands Inventory maps the aquatic bed wetland as 12.21 acres. Therefore, the wetland is greater than 2,500 square feet and would qualify as a regulated wetland in the Federal Way Municipal Code. My initial interpretation of the wetland categories listed in SMP Appendix A, is that this is a Category II wetland that meets criteria (2)a. (a water body with fish) and b. (> 1 acre in size). I will provide the City with a formal write-up of Ecology's findings when I return from vacation the first week of October. If there is anything else we can do in the meantime, or if you have any other questions about this project, please let me know. I will be working today and then on vacation until Oct. 3rd Paul Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Paul. S.Anderson(a)_ecy.wa.gov Memorandum To: Leila Willoughby -Oakes, City of'Federal Way From: Paul S. Anderson, Ecology NWRO Wetlands/401 Unit Supervisor Cc: David Pater, Ecology Date: 10/10/2016 Re: Wetland Determination at North Lake Background appC,'�7�D I understand that questions have been raised about the extent and category of wetlands along southern shore and within North Lake in the City of Federal Way (City). As the acting Washington State Department of Ecology (Ecology) Wetland Specialist for King County jurisdictions, I am happy to assist the City in answering wetland- and shoreline -related questions. Ecology is the state agency responsible for regulating wetlands and shorelines and, as such, has developed a number of guidance documents for protecting these valuable resources. To ensure that regulatory interpretations are consistent with that guidance and state law, Ecology staff routinely provide technical assistance to other agencies and local governments. At North Lake, the central question is whether wetlands below the ordinary high water mark (OHWM) of the lake should be regulated as wetlands or are they considered to be part of the lake itself and not subject to wetland regulation? Answering that question has important implications for future land use on several undeveloped parcels along the lake shore because it will determine the required buffers and regulatory setbacks. Regulatory Context In addition to other waters, water bodies greater than or equal to 20 acres in size are subject to regulation under the state Shoreline Management Act (SMA; RCW 90.58) and the City's Shoreline Master Program (SMP; Federal Way Revised Code (FWRC) Ch. 15.05). At approximately 56 acres in size, North Lake is a shoreline of the state regulated through the SMA and the City's SMP. Wetlands and other critical areas within shoreline jurisdiction are regulated by the City through the standards in SMP Appendix A. Wetlands are characterized by a dominance of plants adapted for life in saturated soils and by inundation or saturation (see RCW 90.58.030(2)(h)). Wetlands are frequently associated with water bodies or streams and may be found below the OHWM of those waters (Hruby 2014). For wetland delineation purposes, only five percent cover is required to consider an area vegetated (U.S. Army Corps of Engineers 2010). Page 2 of 9 October 10, 2016 The shorelands (landward 200 feet of the OHWM and any associated wetlands') at North Lake are apparently designated Urban Conservancy in the SMP and require a minimum 50-foot setback from the OHWM (FWRC § 15.05.070(6) Standards table). Wetlands under 2,500 square feet (sf) are exempt from regulation under the SMP; whereas, Category I wetlands require a 200-foot buffer, Category II wetlands require a 100-foot buffer, Category III wetlands greater than 10,000 sf have a 50- .foot buffer and Category III wetland between 2,500 and 10,000 sf have a 25-foot buffer (SMP -`:'.=Appendix A.§ 6.B). Additional regulatory guidance on wetlands, including lake fringe wetlands below OHWM, is found in the Washington State Wetland Rating System for Western Washington, 2014 Update (Hruby 2014). Of particular relevance to the wetlands waterward of the OHWM at North Lake is the following guidance from § 4.4 (p. 23): "Sometimes a strip of open water is found between the wetland plants farther from shore and those closer to shore. In this situation, the open water is considered a part of one unit that encompasses both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the area of open water may only be temporary, or the submerged plants are present but not visible because they do not grow to the surface. The plants may also be absent due to wave action or physical removal." Office Assessment A number of resources were reviewed in considering whether the lake fringe wetlands at North Lake should be regulated as wetlands, including the City's SMP, Ecology's current wetland rating system (Hruby 2014), Classification of Wetlands and Deepwater Habitats of the United States (Federal Geographic Data Committee (FGDC) 2013), aerial photographs, the National Wetlands Inventory (NWI; available at: https:/iwww.fws.gov/wetlands/Data/Mal2per.html) and a boundary and topographic survey (Barghausen Consulting Engineers, Inc., dated 9-23-14) for parcels along the southern shore of the lake. The survey shows three adjoining parcels, identified on the survey as Lots 5, 6 and 7 and Lot 2 to the east. The survey also shows the flagged OHWM on all of the subject parcels as well as 5 flags (labelled W-1 — W-5) on Lot 2 that apparently show a delineated wetland edge. Figure 1, below, shows the general location of North Lake and Figure 2 shows the parcels of interest at the south end of the lake. Aerial photographs for 2013, 2012, 2009, 2007 and 1936, available at the King County Parcel Viewer Website (available at: http://qismaps.kinqcounty.gov/parcelviewer2/ , show patches of aquatic bed vegetation along the southern shore of North Lake. The patches of vegetation most visible in the photographs are those where plants, such as water lily, extends to or above the water's surface. More extensive areas that appear to include submerged aquatic bed vegetation are also visible in the photographs. The distribution of aquatic bed vegetation in the aerial photographs varies from year to year due, in part, to the time of year the photograph was taken and also, apparently, due to vegetation management within the lake. ' The SMA implementing rules (WAC 173-22-030(1)) define "Associated wetlands" as those wetlands in proximity to and that either influence or are influenced by a shoreline water. Wetlands below the OHWM would be within the shoreline water and only those portions of the wetland that extend landward from the OHWM would be considered to be associated under the SMA. Page 3 of 9 October 10, 2016 The North Lake Management District was formed to address ongoing concerns about water quality and the City has been implementing a management program to reduce the extent of aquatic vegetation, including fragrant water lily ('Nymphaea odorata) within North Lake. The primary means of aquatic weed control at North Lake has been through herbicide application and weed rakes (City of Federal Way 2015). Where management activities may have altered the plant community, wetland delineation standards allow for consideration of other approaches in determining if wetland vegetation is present (Ch. 5, § 4.e. Managed plant communities, pp. 104 —105; U.S. Army Corps of Engineers 2010). Also, the federal definition of aquatic bed vegetation acknowledges that the distribution of plants varies within a year (growing season) and between years: "AQUATIC BED: Includes wetlands and deepwater habitats dominated by plants that grow principally on or below the surface of the water for most of the growing season in most years." (FGDC 2013). Figure 1. Annotated aerial photograph from the King County Parcel Viewer showing the general location of North Lake just east of 1-5 in the City of Federal Way and the area of interest for this study at the south end of the lake. Page 4 of 9 October 10, 2016 F -337th- St - � S Figure 2. Annotated 2013 aerial photograph from the King County Parcel Viewer showing the parcels of interest (Lots 2, 5, 6 and 7) at the south end of North Lake. Floating aquatic bed vegetation is visible immediately offshore of Lots 5, 6 and 7. The NWI map shows a lacustrine aquatic bed wetland contiguous with the southern and western shorelines of North Lake (Figure 3). This wetland, extending from the upland to a water depth of approximately 2.5 meters (8.2 feet)2, is mapped at 12.21 acres in size. The waterward margin of the aquatic bed wetland polygon appears to be consistent with the mapped 5- and 10-foot bathymetric contours for North Lake (Figure 4; Washington State Water Program 1973). 2 With the 2013 update to the federal wetland classification system, the boundary between wetland and deepwater habitat was changed from 2 meters depth to 2.5 meters (8.2 feet) (FGDC 2013). Page 5 of 9 October 10, 2016 Wt*wb "aaaa V2 0 Figure 3. Screenshot of the NWI map for North Lake showing a lacustrine aquatic bed wetland along the western and southern shores of North Lake. The mapped area of the aquatic bed wetland is 12.21 acres. Page 6 of 9 October 10, 2016 NORTH LAKE —KING T21 N—R4E—Secl! 56 Surface Acres Surv. 7 March 1954--S1c Volume—$16 Acre Feel Figure 4. Mapped bathymetric contours (feet) for North Lake (Washington State Water Program 1973). Field Investigation Thank you for taking time to join me for the North Lake site visit on September 7, 2016. Your familiarity with the permitting history on the parcels we visited was a big help in understanding the setting. During our site visit, we looked for wetland and OHWM indicators along the lakeshore. We were also able to see wetland vegetation, including scrub -shrub, emergent and aquatic bed communities at and below OHWM on the parcels of interest. Aquatic bed vegetation was visible approximately 12 feet waterward of the OHWM along the western parcels (Lots 5 — 7; Photo 1). On Lot 2 and to the east, emergent vegetation was found below OHWM and aquatic bed was seen just offshore (Photos 2 and 3). Observed OHWM indicators included a distinct topographic break along the upland edge that was demarcated by a small rockery, water marks on the rockery, a change in the dominant plant community (from wetland to upland) and substrate changes. On Lot 2, the OHWM extended to the landward edge of the wetland, encompassing a small island. The topographic survey (Barghausen Consulting Engineers, 9-23-14) incorrectly shows the North Lake OHWM on the waterward side of the island and wetland on Lot 2. Page 7 of 9 October 10, 2016 Conclusion Ecology concurs with the flagged OHWM boundary on Lots 5 — 7. We do not concur with the OHWM boundary shown on Lot 2 nor do we concur with the determination that the aquatic bed wetland in North Lake does not extend onto the parcels of interest. The OHWM on Lot 2 is coincident with the landward wetland edge. Based on my review of available background information and our site visit on September 71h, Ecology has determined that the wetland below OHWM on all of the subject parcels is greater than 2,500 sf and therefore, subject to regulation under SMP Appendix A. This conclusion is based on the following factors: • Aquatic bed vegetation was visible immediately offshore along all of the parcels we visited on September 7th; • The NWI has mapped a contiguous lacustrine aquatic bed wetland (12.21 acres) along the southern and western shores of North Lake; • Aquatic bed vegetation is visible along the shoreline of interest in several aerial photographs dating back to 2007; • Active management for aquatic weeds has very likely impacted the distribution of aquatic bed vegetation in North Lake; • Only five percent cover is required to consider an area vegetated and in areas subject to vegetation management, delineation standards allow for other approaches to making a wetland determination (U.S. Army Corps of Engineers 2010); and • the Washington State Wetland Rating System for Western Washington, 2014 Update (Hruby 2014) provides specific guidance for situations where there may be an unvegetated gap within lake fringe wetlands (see § 4.4, p. 23). Based on the wetland categories described in SMP Appendix A3, I believe the lake fringe wetland on the subject parcels would be rated as a Category II wetland as it is greater than 2,500 sf in area, is contiguous with a water body that supports a fish population and is greater than one acre in size (SMP Appendix A § 6.13.(a)(2)). Standard buffers for Category II wetlands shall be 100 feet (SMP Appendix A § 6.B.(b)(2)), which in this case would be measured from the OHVV etland edge.) a jraa References P-Y Q&Jo11d4CIP-^ dd �p City of Federal Way. 2015. North Lake Management District 2015 Final Report. Public Works Department, Surface Water Management Division. Federal Geographic Data Committee. 2013. Classification of wetlands and deepwater habitats of the United States. FGDC-STD-004-2013. Second Edition. Wetlands Subcommittee, Federal Geographic Data Committee and U.S. Fish and Wildlife Service, Washington, DC. 3 Interestingly, one of the criteria for Category I wetlands includes open water as a habitat class (SMP Appendix A § 6.13.(a)(1)c.). Page 8 of 9 October 10, 2016 Hruby, T. 2014. Washington State Wetland Rating System for Western Washington, 2014 Update. Washington State Department of Ecology Publication # 14-06-029, Lacey, WA. U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0). U.S. Army Engineer Research and Development Center Environmental Laboratory, Vicksburg, MS. Washington State Water Program. 1973. Lakes of Washington, Volume 1, Water Supply Bulletin 14. Olympia, WA. Site Photographs Photo 1. Site visit photograph of North Lake from Lot 6 just waterward of OHWM showing aquatic bed vegetation within approximately 12 feet of OHWM; facing north. Page 9 of 9 October 10, 2016 4 Photo 2. OHWM and emergent, obligate wetland vegetation (Iris pseudacorus, Persicaria hydropiper and Typha latifolia) below OHWM on Lot 2. The white line marks the OHWM on a small island; the OHWM to the landward (south) of the island was coincident with the wetland edge. Emergent vegetation extended out into the lake and aquatic bed vegetation was also visible just offshore; facing north. Leila Willoughby -Oakes From: Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV> Sent: Friday, September 23, 2016 8:25 AM To: Cc: Leila Willoughby -Oakes Pater, David (ECY) ' 1 Subject: RE: North Lake wetland Leila: The consensus of Ecology wetland staff is that the aquatic bed wetland along the south and west shoreline of North Lake should be considered contiguous with the strip of scrub -shrub wetland identified on the site plans. Pertinent language from the current wetland rating system includes the following: Section 4.4 — 2014 Wetland Rating System for Western WA. "Sometimes a strip of open water is found between the wetland plants farther from shore and those closer to shore. In this situation, the open water is considered a part of one unit that encompasses both the rooted submerged plants offshore and the shore -side plants. The absence of plants in the area of open water may only be temporary, or the submerged plants are present but not visible because they do not grow to the surface. The plants may also be absent due to wave action or physical removal." The National Wetlands Inventory maps the aquatic bed wetland as 12.21 acres. Therefore, the wetland is greater than 2,500 square feet and would qualify as a regulated wetland in the Federal Way Municipal Code. My initial interpretation of the wetland categories listed in SMP Appendix A, is that this is a Category II wetland that meets criteria (2)a. (a water body with fish) and b. (> 1 acre in size). I will provide the City with a formal write-up of Ecology's findings when I return from vacation the first week of October. If there is anything else we can do in the meantime, or if you have any other questions about this project, please let me know. I will be working today and then on vacation until Oct. 3,d Paul Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Pau I_S.AndersonAecy-wa.gov r.� i, ar RTH LAKE ITE v � �l VICINITY MAP 1•=500• BOUNDARY T P RAPHISURVEY --- ------- N K FLAGGED ORDINARY---I��\' HIGH WATER MAPPED 8/1/16 395.59 �"-3=6._ 395.65 6. 397.68 3$6.7 3Yfili �J172r 396.85 14 ' 396.az Lf 0 18 A -/. 395.60 FND REBAR/CAP MARKED 45789 +396M 40"C 36°C + 398.70 / O 39. FLAG DP-3f / 1 +398,78 �6.73 +396.72 / 394.75 ``\ 399.36 ))) , ; REBAR/� /'a MARKED 8"A y '�- - 400, -- -� D_ 45789 O o»C 9490 ' 8"A 'rt1 �- 4q, o \ o i /i \, 4 __ ' - FND 12" IP FND REBAR/CAP - t +39 6 / FND. 1 1/2" IP \ 361.0'E OF LINE » o MARKED 45789 , 3.4t3V LINE \: = / WOOD FENCE IS ; : -- -- ` ___ 9:08 ------ --- 0.1 E OF LINE w � / } J -1 O f\\l/ - 4�0 os m 1 r//O-M�`� J Z 12 Y: V +400.55 : / ^b�'' ``` ��`• % .24 ............. 4 �`' -- ---- 2.1 E OF LINE FND 1 1/4" IP - Q11 - / , i I-- 16"m Q -/-397.37 ' J 44 F +aozss J ,O ., o Al a, - - ^,) FLAG DP-4 ° +a02.9s ao3.3s =N 1 11 CASED MONUMENT +402.69 _--- - ------ BRASS PLUG W/PUNCH + O 4 \\ /;' i : - +4o33s �'�g8»M., , tl cm v {9-20-14) I 34"F --- - ----- ' +ass 7(!� _ /'' 5 400 x CO .....� 6"A i.. _ S f _ - 14"C j - -- ' sr9 iaA, 3- \-------- 0 _ , i V�� R�3 +403.77 ' f^, +399.07 7 % 4„C \, I �; '--- - 403.65-- +401.25 \$03. f y; +400.65 +404.50 - Q sz � o0 12"M 0011, All / / 40517 0 . �., 'to"H p fA WOOD FENCE CORNER IS / 0.2'W OF LINE 404.64 : - 201 + - �c O \� $,:M 10-c x X i FND. 1 3/4" IP / O- i' 0.6'W OF LINE j• ; + 93 404.76 40112 I i - 1 __ - 4oz.8, +401-67 WIRE FENCE CORNER IS N0. C ; 14"M+401-61 _ _ 0.2'W OF LINE - - w `` ' - 403.86 �40} t :.:y ' 405.22 PORTION OF I " 0304` +401.39 f';'' EXISTING 36»FA \ \ +401.53 F` HOUSE :. \ I;' ff' -- ;�� \ -- WIRE FENCE IS ;:,,. :•:. , s O +aoa.s7 f / 0.6'W OF LINE 403.9s 405.11 \ 12"x, �' / 1 `` lo' A&.27' �( -7 0 - --_„ -- - - ------------ _b- -- i rA 6"A 1' 4o7_: ``` - } v M__.407.52 3.29 J � , �jt404.85 \ 11 i / 00 4.37 403.56 " 8 A ,{.\ 4b3.a4 40-31 - '1 _ - - �= �\ I I" / /_ - \ i y-aoas, +aoa.76- ---� 16»H `__ i/, , `',1i✓ .6"A .°b03.73 402.83 I f \ \ --- 8"A +' v 12 M \k '12'M I: ;.: J / 44 ;/- 404.36 .40 ; i.`` !-____ - �' _ •�\ __-"�-_ / i' ,,`i 1... '�]�40296 :g0266 D 7 12;M �s f- ' 12"M j`4oz.Sg•^�; Y ! i + 4os.3�' ------- fr40s + 4oass /; o / `'r- t '. , ,., - l �' C?-� ----- - _ . M 6»C \ +aoa.37 1 O \, i / j i / p i i +404.78 t 04.5E O ! �F, i 2 M �\ 36"Co '`�' Y,f J 10,.0 +� aoz:is, % 6»A'f WIRE FENCE CORNER IS+4oz.7, '; r'I o "• ``i " \ z,a \ {----- 76 aos.zs / 0.2'W X 0.1'N OF 'de2a7,.' --4 os 8QQ0 ; \ + + Orr"" ( �° , 70.0 ./' i 79.00' PROP. CORNER/ _ 1:. • .,' . raoz4a ' /;------------ �06.96 12 M f 406.00 y _r � 406.46 ` - c/) ' i 406.,6 -__ -329 ' '`,; ; \�+4oss7 / I `'` - �,'.403 zs "da% FIND. ;:y IP 40 I 12"M --� ` - - - / 0.1 'E -------------- 404.97 �. LLJ N +4i\ �,\ - / \ / 1o"M 4oass ' W o / ' ,1 / - ,a03.11 •• i , `I 1t7 `\\ I :,�` /^Q i' ``.\ �, \ +"� r +405.74+403.04}02.�0 ,�•.402.45 D\O ; " + 409.49 % + 407.05 +4oz1s`` D� + a 34 s.as n i �f3 - _ ` +4oa , ;7.17 + 4069, `. 1� + + 0402.66 O , f . r 410.36 •�``_� 494ih- .\ --__ 90!_:_".__-�401.44•,\'+ \i / Y : 404 .. _ Z \ M +4os.zz 7._ - +407.14 EDGE OtTPHALT-4ff368 o3�Z :: , q /•a0aas<,. �4Azsa----- Z-----------2 --- I` 4oa.s +409.58 40 5 PRIVATE / _ \ \\ EDGE Of A ASPHALT ----- 137.96' - ~- \L� _ 86.33' +409.07 PROPERTY gig / 907.59 �. ;% +407.5+40/J.09'+404.95 404.94 ____�°\ -- __ 83.84- _ ` + 256.78' CALCULATED e e 407.Zi_-'- -- _ a 404.97 +404.90 ��(j• 404.53 �3 POSITION - - - _ �°° +407.1 +405.35 S88.58'03"E 640.00' 1 K OF WALK g W W. W W w W w a� w w w w w w w w w w w w� w a S 337TH ST LEGEND (NOTE: NOT ALL SYMBOLS MAY APPEAR ON THE MAP) e9 FOUND MONUMENT AS NOTED O SET REBAR/CAP LS #45789 o FOUND REBAR/CAP (AS NOTED) ❑ SET HUB ON LINE MAILBOX -0- POWER POLE o SEWER CLEANOUT WATER VALVE (WV) FIRE HYDRANT(FH) ® WATER METER r-I SIGN O SEWER STRUCTURE -4 GUY POLE E-- GUY ANCHOR (R#) REFERENCE SURVEYS IN �&"A li w 0*, E s, '� Q�r GAT/NG evlo\N�0 s 0 10 20 40 SCALE: 1"=20' LEGAL DESCRIPTION (PER TRUSTEE'S DEED FILED UNDER E2667309, RECORDED BY WASHINGTON FEDERAL UNDER RECORDING NO. 20140512000885) LOTS 5, 6 AND 7, LOUISE'S NORTH LAKE TRACTS, A REPLAT OF BLOCK 19, NORTH LAKE ADDITION TO EAST TACOMA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 40 OF PLATS, PAGE 23, IN KING COUNTY, WASHINGTON. ASSESSOR'S PARCEL NUMBER 442060, -0025 & 0030 & 0035 ADDRESS 31XX S. 337TH STREET FEDERAL WAY, WA 98001 BASIS OF BEARING (NAD83(1991) FEDERAL WAY) BASIS OF BEARING FOR THIS PROJECT IS A LINE BETWEEN A FOUND FEDERAL WAY 3" BRASS MONUMENT KNOWN AS MONUMENT ID 4453 AND ANOTHER FEDERAL WAY 3" BRASS MONUMENT KNOWN AS MONUMENT ID 4529. CONTROL VALUES WERE HELD FOR THESE MONUMENTS TO HOLD THE MONUMENTS NAD83(1991) CONTROL VALUES AND A LINE BETWEEN THE MONUMENTS HELD AS NORTH 50.28'06" EAST. BASIS OF ELEVATION NAVD88 (KING COUNTY) BASIS OF ELEVATION WAS ESTABLISHED BY HOLDING PUBLISHED NAVD 88 ELEVATION OF A FEDERAL WAY SURVEY CONTROL MONUMENT, KNOWN AS NO. 4453 VERTICAL DATUM SOURCE: KING COUNTY CONTROL DATABASE ID #: 4453 DESCRIPTION: 3" BRASS MONUMENT LOCATION: CENTERLINE OF WEYERHAEUSER WAY S AT THE INT OF HIGHWAY 18 ELEV = 392.18' CHECKED INTO CONTROL POINT #4529; CLOSURE 0.06' NOTES 1. ALL DISTANCE SHOWN ON THIS SURVEY ARE IN US SURVEY FOOT 2. UTILITIES ARE SHOWN PER FIELD OBSERVATIONS AND AVAILABLE RECORDS. NO UNDERGROUND LOCATE SERVICES WERE EMPLOYED FOR THIS PROJECT, FOR EXACT LOCATION OF UNDERGROUND UTILITIES POTHOLING SHOULD BE PERFORMED. 3. DATE OF SURVEY WAS SEPTEMBER 19, 2014 AND ALL MONUMENTS SHOWN AS FOUND WERE VISITED AT THIS TIME. 4. DISTANCE FROM PLAT ON NORTHEAST LINE OF LOT 6 HAS BEEN FOUND TO BE ERRONEOUS IN RECORDS SUBSEQUENT TO THE PLAT AND ON THIS SUR`ZY AREA ABOVE ORDINARY HIGH WATER LOTS 5-7 43,214 t S.F. (0.992t AC.) REFERENCE SURVEYS 1. LOUISE'S NORTH LAKE TRACTS, VOL. 40, PG. 23 2. RECORD OF SURVEY, AFN 20100323900005 TITLE REPORT NO TITLE REPORT WAS PROVIDED FOR THIS SURVEY. EASEMENTS OF RECORD ARE NOT SHOWN. CASED MONUMENT BRASS PLUG W/PUNCH (9-20-14) 0 0 W T cm z > � � Q � •o U p LL 0 Ov3 00 > Of qqt r W H N _ 00 Q Z Q I'I-^ Z Lu W V/ w (, m = O °- o W o o 0 0 oc 0 0 Q o W 0 F- � _o U Q Q od T W T- o Z N Z_ m o Q �= a Y 0 CD V) Q L U J Of U a_ Z = 0 ZCD 5 J �+ m O a Q ° 00 eqo 00 aim o LL T�Z6: cc O 0 W W T 00 Q cr.)W 4m W Q Q V'^ ' Z O Q Z LLJ N 0 Y w J Z 2 Z N Q Q Q Q L LL 0) C O O N N U V) 0- > al m J J Z v N c > 03 3 U OL N rn o as a 0 0 U Q in = cn Ld CD U O gU) w �9 z x Q z w W g V Q N ro C'4 N Z U O N 00 Z or) co I 00 I w w Q z in 0�-E-L c��l c��l z Z � Ln L!7 w 0-4Z 00 N CV w > '-e U N __- -_ GRAVEL/SAND (AS NOTED) TREE LEGEND ASPHALT F FIR 41 BUILDING LINE C CEDAR J X - CHAIN LINK FENCE A ALDER Q 0 z WOOD FENCE H HEMLOCK O BARBED WIRE FENCE P PINE SURVEYOR'S CERTIFICATE: "' -�- HOGWIRE FENCE S SPRUCE THIS IS TO CERTIFY THAT THIS MAP AND THE SURVEY UPON WHICH IT IS BASED WERE MADE �Q pF WASyi 00 `� - WATER LINE COT COTTONWOOD BY ME OR UNDER MY DIRECTION AND CORRECTLY REFLECTS THE CONDITIONS OF THIS SITE ttj�'`�`' �.. oRESUBMITTED y�� IN J� P(OH)- OVERHEAD/UNDERGROUND PWR. LINE WA WALNUT AS OF THE DATE OF THE FIELD SURVEY.o�JS { o � DECIDUOUS TREE HO HOLLY 0 C o CONIFEROUS TREE - 11/8/16 �F�sS ��OS�4 DEC,zo16 M Nq � L ANO CITY ®F FEDERAL WAY� r TREE DRIPLINE BRIAN D. GILLOOLY, P. DATE 11/8/16 Cps T WASHINGTON REGISTRA ON NO. 46315 Z BGILLOOLY@BARGHAUSEN.COM o r T