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13-101108FiLE 41k CITY OF Federal Way COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER Pierson Stream Buffer Encroachment Process IV `Hearing Examiner's Decision' Federal Way File No. 13-101108-00-UP PUBLIC HEARING January 10, 2014 — 2:00pm City Council Chambers Federal Way City Hall — 33325 8t' Avenue South Report Prepared by: Matthew Herrera, AICP - Associate Planner Report Date:/� Decelllber 18, /- 13 I. PROJECT INFORMATION AND BACKGROUND Name of Project: Pierson Stream Buffer Encroachment City File No(s): Process IV File 13-101108-UP (Exhibit A) Staff Recommendation: Conditional approval of clearing/grading request and stream buffer encroachment contingent on Public Works Department engineering approval. Summary of Proposal: Construction of paved ingress/egress and utilities easement to serve two single- family residential lots. Construction activities and paving improvement will take place within a 100-foot stream setback. Site Location: The subject property is not currently addressed. The King County parcel identification number is 614360-0657. The property is located on South 334 h Street west of the 38"' Avenue South intersection. A portion of the vicinity map is shown in Figure 1 and the full sized map enclosed as Exhibit B. Applicant: Richard Pierson, 3516 South 336`h Street, Federal Way, WA 98001 Comprehensive Plan & Zoning Designations: Single -Family - High -Density Residential and RS 9.6, respectively. f� r� O - v r o :' 6 i7 - Oy r o /fed Site U Figure 1 - Vicinity Map Key Dates: Master Land Use application submitted March 8, 2013 Application determined complete April 2, 2013 Notice of Application issued April 5, 2013(Exhibit C) Notice of Public Hearing issued December 20, 2013 (Exhibit D) Public Hearing scheduled January 10, 2014 City Staff Representative: Matthew Hei.-ra, Asivviate Pla.u.er, 253-835_2638 II. REQUESTED DECISIONS The applicant is requesting a Process IV "Hearing Examiner" decision pursuant to Chapter 19.70 of the Federal Way Revised Code (FWRC). Proposed improvements or land surface modifications within stream setback areas that are not essential public facilities, public utilities, public improvements, or minor improvements shall be subject to Use Process IV review and criteria set forth in FWRC 19.165.070(3)(a)- (fl The applicant is also requesting clearing and grading plan approval that is not associated with a proposed building or land development activity pursuant to approval criteria set forth in FWRC 19.120.020(4)(b). Pierson Stream Buffer Encroachment Page 2 Process IV `Hearing Examiner's Decision' 13-1 Ol l 08-O0-UP/Doc. I.D. 63495 Typically, such a request would be administered via Process III, but due to the stream buffer encroachment associated with the request, staff has elected to have the entire proposal decided upon using Process IV as allowed by FWRC 19.70.010. Pursuant to FWRC 19.70.150(2), the Hearing Examiner shall issue a decision within 10 working days following the close of the public hearing. The Use Process IV decision of the Hearing Examiner, which is not the final decision of the city, may be appealed by the applicant, persons who submit written or oral comments to the Hearing Examiner, persons who specifically request a copy of the written decision, or by the city following procedures set forth in FWRC 19.70.170 et al. III. PROJECT PROPOSAL The applicant proposes to pave an existing ingress/egress and utilities easement that will serve two existing single-family residential lots that are currently undeveloped. The two existing single-family residential lots are landlocked within the subject property. As shown on the Driveway Plan and Profile Sheet 1 of 5 (Exhibit E), the proposed paved improvements will be located approximately 15 feet from the onsite stream near South 330 Street and will taper west to a distance of approximately 30 feet as the easement moves south into the subject property. The applicant has modified the location of the original easement shown on the recorded BLA document (referenced in the Background section below and Figure 2) in order to avoid the critical root zones of mature western red cedars on the neighboring property. The analysis of the staff report and recommendation is based on: 1. Clearing, grading and tree removal activities not associated with a proposed building or land development activity nor exempt from clearing and grading regulations - FWRC 19.120.020(4)(b). 2. Intrusions into stream setbacks - FWRC 19.165.070(3). 3. Use Process N decision criteria — FWRC 19.70.150(3). IV. BACKGROUND The subject property contains an existing ingress/egress and utilities easement to benefit lots A and B that was created by the recording of a Boundary Line Adjustment (BLA) document (Exhibit F). The BLA and easement were vested and reviewed under the permitting authority of King County and ultimately .Q� approved June 29, 2005. As a component of the BLA process, Figure 2 - Stream Location Parcel 614360-0657 onsite wetlands and a stream were delineated based on King County regulations which were then recorded on the BLA document. In 2007, two years following annexation of the neighborhood, the applicant requested the city review delineations prepared by the applicant's consultant (Exhibit G) for compliance under the city's critical areas requirements prior to submitting permits to construct the improvements within the recorded ingress/egress and utilities easement. The city's third party wetland consultant reviewed the report and agreed with the delineations (Exhibit H) recorded on the BLA document and affirmed the watercourse on the subject property as a stream (shown in Figure 2) per the FWRC definition of FWRC 19.05.190. Pierson Stream Buffer Encroachment Page 3 Process IV `Hearing Examiner's Decision' 13-I0I 108-00-UP/Doc. I.D. 63495 The applicant has requested clearing and grading approval to construct the paved easement to support the sale of the two single-family lots and aid in obtaining single-family building permits. V. ENVIRONMENTAL REVIEW The city's Responsible Official has determined the proposed improvements are exempt from State Environmental Policy Act (SEPA) review as the proposed improvements do not exceed flexible thresholds adopted by the city, specifically FWRC 14.15.030(1)(a) "For residential structures up to 20 dwelling units" and SEPA Rules WAC 197-11-800(1)(a) which state flexible threshold exemptions also apply to all licenses required to undertake the construction in question. Additionally, the city's environmental policy applies all categorical exemptions within critical areas. VI. COMMENTS RECEIVED ON THE APPLICATION The department received one letter on April 15, 2013, from Mr. Don Vandenheuvel of 3718 South 334t' Street, Federal Way, WA 98001. Mr. Vandenheuvel stated concerns with existing drainage that flows from the subject property onto his property before it outflows to North Lake and the potential for flooding on his property following the improvements. Staff provided a written response to Mr. Vandenheuvel detailing the requirements for the applicant to mitigate potential downstream impacts and several of the mitigation techniques that will be employed. The comment letter and response are included as Exhibit L VII. CONSULTED DEPARTMENTS/AGENCIES & PUBLIC NOTICE The following departments, agencies, and individuals were advised of this application: 1. Development Review Committee (DRC), consisting of Community and Economic Development Department; Public Works Development Services and Traffic Divisions; Lakehaven Utility District; and South King Fire and Rescue District. DRC comments have been incorporated into this report where applicable. 2. Pursuant to Process IV notice and distribution requirements set forth in FWRC 19.70.060, all property owners within 300 feet of the site were mailed the Notice of Application (NOA) April 4, 2013, and Notice of Public Hearing on December 20, 2013. The NOA and Notice of Public Hearing were posted on the site, published in the Federal Way Mirror, and posted on the City's official notice boards, in accordance with the City's public notice requirements. VIII. GENERAL CHARACTERISTICS OF SITE AND VICINITY The subject property is three unaddressed tax parcels identified by the King County Assessor as 614360- 0657, 614360-0450, and 614360-0451 approximately 2.74 acres in size and located on the south side of South 334 h Street near the intersection of 38't Avenue South. The site is currently undeveloped. The site is forested with a mix of mature deciduous and evergreen trees with a dense understory. A recent site investigation by the applicant's consultants Certified Ecologist Scott Luchessa, in November 27, 2012, was completed to update his prior 2005 report (Exhibit 3). Mr. Luchessa identified Wetland 1 as a category II wetland (due to the presence of two wetland classes), Wetland 2 as a category III wetland and an assumed major stream' on the larger parcel 614360-0657. As shown on the site survey, sheet 5 of 5, the site's topography is generally flat with an average elevation of 403 feet. The 1973 Soil Conservation Service Survey of King County identifies soils on the site as Alderwood gravelly sandy loam material (AgB) with 0-6 percent slopes. The site reconnaissance by Mr. Luchessa confirms the AgB designation. The subject property is within the Hylebos Creek drainage basin. I The onsite stream identified on the city's critical areas map is assumed major due to no evidence that any natural downstream blockage has occurred. Pierson Stream Buffer Encroachment Page 4 Process IV `Hearing Examiner's Decision' 13-I0I 108-00-UP/Doe. I.D.63495 The site is located in the North Lake Annexation area which became part of Federal Way in 2005. The property is surrounded on all sides by single-family high -density residential RS 9.6 zoning which is approximately four dwelling units per acre. Land uses surrounding the site are single-family residential with the exception of the parcel to the south of 614360-0657 which is currently developed as a church use. IX. CLEARING AND GRADING PLAN DECISIONAL CRITERIA Proposed clearing, grading, and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity, nor exempt per FWRC 19.120.030, may be approved subject to the following criteria: • Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands, or geologically hazardous areas, either on or off the subject property. Staff Response — The applicant does not propose any alterations to streams, wetlands, or any other environmentally critical areas. In order to obtain access to the two existing landlocked parcels the paved vehicular access easement will encroach into an onsite stream setback area. The applicant will mitigate the paving encroachment with a buffer enhancement plan for the remaining buffer between the easement and stream. The applicant will also be required to obtain engineering approval for construction of the access easement. Temporary erosion and sedimentation control plans will be implemented during construction and the applicant will mitigate the effects of the stormwater with infiltration trenches and porous paving materials. No adverse effects are anticipated as a result of the clearing, grading and paving of the access easement. • It will not violate any express policy of the city. Staff Response — No policies will be violated from clearing and grading within the easement area. The applicant is required to obtain project approval for the clearing and grading work under FWRC 19.120.020(4)(b) as the proposal is not associated with any building, land use or subdivision approvals nor is the proposal an exempt activity under the clearing and grading regulations set forth in FWRC 19.120.030. Staff finds the request meets the general purpose criteria set forth in FWRC 19.120.010. • It meets at least one of the following criteria: o It is necessary to correct an erosion or drainage problem on an undeveloped site. Staff Response — Not applicable. o It is necessa—y to create new utility or access corridors. Staff Response — The applicant's proposed clearing and grading activities are needed for access and utility connections to two existing single-family residences which are landlocked from South 3 3 e Street, a public right-of-way. Clearing and grading activities are limited to what is needed to construct an access easement to accommodate two single-family residential lots. o Other unusual circumstances exist which make it reasonable to permit clearing, grading, and/or tree and vegetation removal in advance of the issuance of a development permit, subdivision, or short subdivision approval, or shoreline substantial development permit. Pierson Stream Buffer Encroachment Page 5 Process IV `Hearing Examiner's Decision' 13-101108-00-UP/Doc. I.D.63495 Staff Response — Not applicable. X. STREAM SETBACK REDUCTION DECISIONAL CRITERIA The city may approve any request to locate an improvement or engage in land surface modification within stream setback areas based on the following criteria. Staff finds the applicant meets the criteria based on the delineation and buffer enhancement plan (Exhibit K) prepared by the applicant's consultant and the analysis below: • It will not adversely affect water quality. Staff Response — The proposed driveway will be designed to infiltrate stormwater flows via porous asphalt and dispersion trench. Infiltration of the paved surface will provide an adequate means of water quality treatment. The remaining buffer between the dispersion trench and stream (distances between approximately 15 to 30 feet) provide infiltration opportunities and the proposed buffer enhancement plantings will capture stormwater during heavy rainfall events. During construction of the driveway the applicant will implement a temporary erosion and sediment control plan that includes a compost berm and quarry spall construction entrance that will protect the stream from turbidity. ■ It will not adversely affect the existing quality of wildlife habitat within the stream or setback area. Staff Response — As a recommended condition of approval, the applicant will implement the proposed stream buffer enhancement plan prepared by certified ecologist Scott Luchessa. The executed plan will replace non-native and invasive plant species with diverse native plantings. A mix of native trees, shrubs and groundcover will be used to enhance the structure and diversity of the reduced buffer area. The multiple tier vegetation planting approach will provide additional feeding and breeding opportunities. Under the recommendation of the applicant's consulting arborist (Exhibit L), the applicant also proposes to construct the driveway several feet south of the property line near the South 330 Street location in order to avoid the critical root zone of two mature western red cedar trees on the neighboring property thereby increasing the survival of the trees. • It will not adversely affect drainage or stormwater retention capabilities. Staff Response — The applicant has designed the driveway utilizing the 2009 King County Surface Water Design Manual and City of Federal Way Addendum. The conveyance system will be designed to convey at least the 25-year storm via the use of porous asphalt and dispersion trenches. The applicant's civil engineering consultant Edward McCarthy states in the Technical Information Report (Exhibit M) that under forested conditions, the 100-year peak flow from the project area was predicted to be 0.017 cubic feet per second. Under the proposed developed conditions, with the flow control Best Management Practices in place (i.e. porous pavement and dispersion trenches) the 100- year peak flow rate was predicted to be 0.116 cubic feet per second. The 0.10 cubic foot per second increase is acceptable per the 2009 KCSWDM and is not considered adverse. * It will not lead to unstable earth conditions nor create erosion hazards. Staff Response — During construction, temporary erosion and sedimentation controls will be implemented per city standards. No history of unstable soils or geological hazardous areas is mapped on the subject property. Post developed conditions will provide soil coverage via paving, rock trenching, new plantings and mulching. Pierson Stream Buffer Encroachment Page 6 Process IV `Hearing Examiner's Decision' 13-101108-00-UP/Da I.D. 63495 • It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space. Staff Response — The proposed driveway will be designed to avoid potential tree damage to the northern adjacent property and thereby will preserve a mature canopy habitat resource. Tree and vegetation removal is limited to the area that will accommodate the access easement. The applicant will design the driveway using the current stormwater manual in order to mitigate the effects (onsite and offsite) of the proposed impervious surfaces. No loss of open space will result in granting approval of the clearing and grading associated with the construction of the access easement. • It is necessary for reasonable development of the subject property. Staff Response — The subject property contains two existing landlocked single-family residential properties. A paved access will be needed to obtain entry to the existing parcels. The proposed design and placement of the easement is the least impactful to the subject property's sensitive areas. XI. PROCESS IV DECISIONAL CRITERIA Process IV Decision Criteria — The applicant must meet five decisional criteria pursuant to FWRC 19.70.150(3). Staff has provided the following analysis of Process IV criteria: 1. It is consistent with the comprehensive plan. Staff Response — This criterion has been met. The comprehensive plan is used, among other documents, as a basis for implementing regulations such as zoning and critical areas requirements. The Process IV request was reviewed and determined to be consistent with the following policies contained in the Federal Way Comprehensive Plan: a) NEPI - Protect and restore environmental quality through land use plans, surface water management plans and programs, comprehensive park plans, and development review (emphasis added). Staff Response — The proposed stream buffer encroachment and clearing/grading plans have been reviewed under applicable regulations set forth in Title 19 Zoning and Development Code and Title 16 Surface Water Management. The applicant proposes to mitigate effects of the encroachment via enhancement to remaining buffer, stormwater infiltration techniques and erosion/sedimentation control during construction. b) NEP7 - The City may continue to require completion of environmental studies by qualified professionals to assess the impact of proposed development on sensitive areas. Staff Response — The applicant has provided critical area studies by Certified Ecologist Scott Luchessa. Mr. Luchessa identified and delineated the onsite wetlands and stream. Using the delineation, the applicant was able to locate and design the access easement that avoided the higher functioning wetland areas and prepared an enhancement plan that would mitigate the effects of the encroachment of the lower functioning stream buffer. c) NEP37 - Erosion control measures shall be used for any work in or adjacent to stream or lake buffers. Pierson Stream Buffer Encroachment Page 7 Process IV `Hearing Examiner's Decision' 13-10I 1o8-OO-UP/Doc. ID_ 63495 Staff Response — The applicant will be required to implement Public Works Department approved temporary erosion and sedimentation control measures. The applicant will be required to detail the method that will be utilized on the construction drawings as part of the engineering review and will be checked onsite during construction by city inspectors. 2. It is consistent with all applicable provisions of this chapter and all other applicable laws. Staff Response — This criterion has been met. The Process IV request has been reviewed under the FWCP; all applicable provisions of FWRC including Title 16 "Surface Water Management", and Title 19, "Zoning and Development Code;" and is consistent with all applicable provisions and laws. 3. It is consistent with the public health, safety, and welfare. Staff Response — This criterion has been met. The proposed clearing, grading and stream setback encroachment are consistent with the public health, safety, and welfare. The proposal will provide adequate and safe vehicular access to two existing single-family residential parcels. No adverse impacts to the stream or buffer area are anticipated. The buffer encroachment will be mitigated with an enhancement plan and stormwater generated by the paved surfaces will be infiltrated onsite. The construction permit plans for the access easement will be reviewed utilizing the 2009 King County Surface Water Design Manual and Public Works Department standards. 4. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. Staff Response -- This criterion has been met. The applicant will be required to erect one street light near the entrance to the easement along South 3340' Street per development improvement requirements set forth in FWRC 19.135.190. No significant adverse transportation impacts were identified by the Public Works Department Traffic Division. The future building permits will be subject to a transportation impact fee to fund city street improvements. The applicant will provide connections to water and sewer mains with the development of the two parcels. Lakehaven Utility District has both facilities in the area. 5. The proposed access to the subject property is at the optimal location and configuration for access. Staff Response — This criterion has been met. The easement meets Public Works width standards of 20 1Get (l6 feet paved) for serving two single-fairnily residential lots. The access easement also meets intersection and adjacent driveway separation requirements. During the review process, the applicant relocated a portion of the driveway to avoid portions of the critical root zone area of two mature hemlock trees on the adjacent property. XII. STAFF RECOMMENDATION Based on analysis from this report, the department recommends approval of the clearing/grading request and the stream buffer encroachment on the following conditions: 1. The buffer enhancement plan is implemented and monitored according to the specification of the plan. Pierson Stream Buffer Encroachment Page 8 Process IV `Hearing Examiner's Decision' 13-101108-00-UP/Doc I.D. 63495 2. The modified location of the ingress, egress and utilities easement shall be recorded with King County Recorder's Office prior to final inspection of the easement construction permit. XIII. MISCELLANEOUS If this request is approved by the Hearing Examiner, it does not authorize the applicant to begin clearing, grading and paving. The applicant will be required to obtain Public Works Department engineering approval of the vehicle access easement pursuant to FWRC 19.135.130. If approved by the Hearing Examiner, the applicant must substantially complete construction within five years after the final decision of the city on the matter, or the decision becomes void pursuant to FWRC 19.15.100(2). LIST OF EXHIBITS Note: Copies of the exhibits listed below are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. Copies of exhibits may be obtained upon request at the City of Federal Way's Community and Economic Development Department. Exhibit A Master Land Use application w/ applicant narrative Exhibit B Vicinity Map Exhibit C Notice of Application materials Exhibit D Notice of Public Hearing materials Exhibit E Engineered Plan Set w/ Survey Sheets 1-5 Exhibit F 2005 King County Boundary Line Adjustment Exhibit G Pierson Wetland Delineation prepared by Scott Luchessa Exhibit H Pierson Wetland Delineation Peer Review prepared by Doug Gresham Exhibit I Citizen Comment Letter and City Response Exhibit J Pierson Wetland Delineation Update prepared by Scott Luchessa Exhibit K Buffer Enhancement Plan prepared by Scott Luchessa Exhibit L Arborist Report prepared by Dennis Tompkins Exhibit M Technical Information Report TRANSMITTED To THE FoLLOWING: Hearing Examiner —Phil Olbrechts Applicant— Dick Pierson, 3516 South 336 h Street, Federal Way, WA 98001 Party of Record — Don Vandenheuvel, 3718 South 334d' Street, Federal Way, WA 98001 Federal Way Staff— Matthew Herrera, Ann Dower, Sarady Long, and Peter Beckwith Pierson Stream Buffer Encroachment Page 9 Process IV `Hearing Examiner's Decision' 13-101108-00-UP/Doc. I.D. 63495 RECEIVED JAN 2 7 2014 CM OF FEDERAL WAY CDS BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Pierson Stream Buffer Encroachment FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 13-101108-00-UP INTRODUCTION The applicant requests approval to encroach into a 100-foot stream setback in order to construct a paved driveway to access two undeveloped lots zoned for single-family use. The applicant also requests approval of a clearing and grading permit for the driveway. The applications are approved. ORAL TESTIMONY Matt Herrera, associate planner, stated that the subject site is located in the far eastern portion of the city. The city annexed this area in 2005. The subject property is zoned single-family, high -density, residential - use which allows 4 units per acre. Surrounding the single-family zone there is office, multi -family, natural, and neighborhood -commercial uses. In regard to critical areas, there is a stream and wetland on and adjacent to the property. Before the property was annexed in 2005, the applicant completed a boundary line adjustment (BLA) through King County. The BLA details delineated wetlands and the stream on the site. The BLA created two land -locked parcels (A and B) and a 20ft utility easement on lot C that reaches S 334t' Street. The applicant is requesting clearing and grading plan approval which is not associated with a proposed building or land development activity. The clearing and grading is necessary to make room for a driveway on site. The applicant's consultant has identified and delineated a category 2 wetland with a 100ft buffer on the property. North of the wetland is another wetland which is a category 3 with a 25ft buffer. Additionally, a stream was identified on the property. The city's wetland and stream biologist reviewed the stream and noted that the stream meets the city's definition of a major stream. The city's biologist clarified that, although there are no fish in the channel, the applicant failed to provide evidence of a natural downstream blockage, thus the channel is identified as a major stream by the city. A major stream requires a 100ft buffer, according to city code. Mr. Herrera testified that the easement is 20ft, and 16ft of it will be paved to create the driveway. The improvements will be within 15-30ft of the stream, but the driveway will not be within the wetland buffer area. During construction of the driveway, the city will require berms and a construction entrance to control sediment erosion into the stream. The applicant's arborist consultant identified several cedar trees Stream Buffer Encroachment and Clearing and Grading Permit P. 1 Findings, Conclusions and Decision on the site and adjacent property that need to be protected. The proposed driveway easement has been moved several feet to the east to protect these trees. The staff report states that the trees are on the north side of the property; however, the trees are on the west portion of the property. To mitigate the impacts of the buffer intrusion, the applicant will utilize a stream -buffer enhancement plan. The plan includes removing non-native, invasive plants, installing native shrubs, and maintenance and monitoring for five years. Staff recommends approval of the proposal. Lots A and B are undeveloped, and the easement will make it accessible to potential buyers of the lots. The easement will be as far from the stream as possible except for several feet to preserve the cedar trees. In regard to the removal of vegetation, trees within the easement do not have to be replaced according to city ordinance. Applicant Testimony Richard Pierson, applicant, stated that he is grateful for the Federal Way Community and Economic Development Department's help with this project. The approval of the driveway will help the environment and economy of Federal Way. EXHIBITS At the hearing, the December 18, 2013 staff report in addition to its attachments A-N were admitted into the record. FINDINGS OF FACT Procedural: ARnli�ant. The applicant is Richard Pierson. 2. He_ aring. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at Federal Way City Hall on January 10, 2014. Substantive: 3. Site/Proposal Description. The applicant requests approval to encroach into a 100-foot stream setback in order to construct a paved driveway to access two undeveloped lots zoned for single-family use. The stream is classified as a major stream and subject to the 100 foot setback requirement of FWRC 19.165.010(1)(a). The lots are Iocated on the south side of S. 334,' St. near its intersection to 38th Ave. S. The driveway will be constructed over an existing ingress/egress and utilities easement. The two existing single-family residential lots are landlocked within the subject property. As shown on the Driveway Plan and Profile Sheet 1 of 5 (Exhibit E), the proposed paved improvements will be located approximately 15 feet from the onsite stream near South 334th Street and will taper west to a distance of approximately 30 feet as the easement moves south into the subject property. The applicant has modified the location of the original easement in order to avoid the critical root zones of mature western red cedars on neighboring property. Stream Buffer Encroachment and Clearing and Grading Permit p. 2 Findings, Conclusions and Decision The site is forested with a mix of mature deciduous and evergreen trees with a dense understory. As shown on the site survey, sheet 5 of 5, the site's topography is generally flat with an average elevation of 403 feet. 4. Characteristics of the Area. The property is surrounded on all sides by single-family high -density residential RS 9.6 zoning which is approximately four dwelling units per acre. Land uses surrounding the site are single-family residential with the exception of the parcel to the south of 614360-0657 which is currently developed as a church use. 5. Adverse Impacts. There are no adverse impacts associated with the proposal. The applicant does not propose any alterations to streams, wetlands, or any other environmentally critical areas. Only the stream buffer will be encroached upon, and all adverse impacts have been thoroughly reviewed and addressed as determined below. A. Water Quality. Water quality will not be adversely affected by the proposal. Temporary erosion and sedimentation control plans will be implemented during construction and the applicant will mitigate the effects of the stormwater with infiltration trenches and porous paving materials. The proposed driveway will be designed to infiltrate stormwater flows via porous asphalt and dispersion trench. Infiltration of the paved surface will provide an adequate means of water quality treatment. The remaining buffer between the dispersion trench and stream (distances between approximately 15 to 30 feet) provide infiltration opportunities and the proposed buffer enhancement plantings will capture stormwater during heavy rainfall events. B. Stream Habitat. Stream habitat will not be adversely affected by the proposal. As a recommended condition of approval, the applicant will implement the proposed stream buffer enhancement plan prepared by certified ecologist Scott Luchessa. The executed plan will replace non-native and invasive plant species with diverse native plantings. A mix of native trees, shrubs and groundcover will be used to enhance the structure and diversity of the reduced buffer area. The multiple tier vegetation planting approach will provide additional feeding and breeding opportunities. Under the recommendation of the applicant's consulting arborist (Exhibit L), the applicant also proposes to construct the driveway several feet south of the property line near the South 334th Street location in order to avoid the critical root zone of two mature western red cedar trees on the neighboring property thereby increasing the survival of the trees. C. Storm Draina e. Storm drainage will not be adversely affected by the proposal. Storm drainage was a concern raised by one of the neighboring property owners in a comment letter. See Ex. I. As noted in the City's response to that letter, storm drainage impacts are thoroughly regulated by the City's stormwater regulations. These regulations set a legislative standard for stormwater control that effectively mitigates any adverse impacts to neighboring property owners. The applicable stormwater regulations are adopted by the City as the 2009 King County Surface Water Design Manual with a City of Federal Way Addendum. Pursuant to these Stream Buffer Encroachment and Clearing and Grading Permit p. 3 Findings, Conclusions and Decision regulations the conveyance system will be designed to convey at least the 25-year storm via the use of porous asphalt and dispersion trenches. The applicant's civil engineering consultant Edward McCarthy states in the Technical Information Report (Exhibit M) that under forested conditions, the 100-year peak flow from the project area was predicted to be 0.017 cubic feet per second. Under the proposed developed conditions, with the flow control Best Management Practices in place (i.e. porous pavement and dispersion trenches) the 100- year peak flow rate was predicted to be 0.116 cubic feet per second. The 0.10 cubic foot per second increase is acceptable per the 2009 KCSWDM and is not considered adverse. D. Unstable Soils. The proposal will not create any erosion hazards or other unstable earth conditions. During construction, temporary erosion and sedimentation controls will be implemented per city standards. No history of unstable soils or geological hazardous areas is mapped on the subject property. Post developed conditions will provide soil coverage via paving, rock trenching, new plantings and mulching. E. Other Impacts. The proposal will not create any other adverse impacts to neighboring properties. As previously noted, the driveway has been relocated from the originally proposed location in order to avoid damaging the trees on neighboring properties. No other potential adverse impacts are discernible from the record. F. Public Services. Public services will be adequate to serve the proposed development. The applicant will be required to erect one street light near the entrance to the easement along South 334th Street per development improvement requirements set forth in FWRC 19.135.190. No significant adverse transportation impacts were identified by the Public Works Department Traffic Division. The future building permits will be subject to a transportation impact fee to fund city street improvements. The applicant will provide connections to water and sewer mains with the development of the two parcels. Lakehaven Utility District has both facilities in the area. 6. Necessity of Drivewak. The proposed location of the driveway is necessary for the reasonable development of the property. As shown on the Ex. E site plans, the subject lots would be landlocked without the proposed driveway and there is no other possible location for a driveway that could be placed further from the stream (except that the northerly portion of the driveway was moved a few feet closer to the stream than necessary in order to avoid damaging the root system of neighboring trees). The proposed driveway encroachment is also necessary for the extension of utilities to the site as no other location is available. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: Chapter 19.70 FWRC provides the Examiner with the authority to conduct a hearing and issue a decision on Process IV Reviews, which includes Stream Buffer Encroachment and Clearing and Grading Permit p. 4 Findings, Conclusions and Decision stream buffer encroachments as dictated by FWRC 19.165.070(3). The associated clearing and grading permit application, normally a Process III application, is consolidated into the Process IV buffer encroachment as required by FWRC 19.70.010. Substantive: 2. Zoning Designation: The subject lots are zoned RS 9.6. 3. Review Criteria and A lication. Applicable criteria for the requested stream relocation and clearing and grade permit are governed by FWRC 19.165.070(3) and 19.120.020(4)(b), respectively. All Process IV decisions are also governed by the criteria of FWRC 19.70.150(3). All applicable criteria are quoted below in italics and applied through corresponding Conclusions of Law. Stream Buffer Encroachment Criteria FWRC 19.165.070(3)(a): Other than as specified in subsections (1) and (2) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process IV, based on the following criteria: (a) It will not adversely affect water quality; 4. The proposed encroachment will not adversely affect water quality as determined in Finding of Fact ("FOF") No. 5(A). FWRC 19.165.070(3)(b): It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; 5. The proposed encroachment will not adversely affect stream habitat as determined in FOF No. 5(13). FWRC 19.165.070(3)(c): It will not adversely affect drainage or stormwater retention capabilities; 6. The proposed encroachment will not adversely affect drainage or stormwater retention capabilities as determined in FOF No. 5(C). FWRC 19.165.070(3)(d): It will not lead to unstable earth conditions nor create erosion hazards; 7. The proposed encroachment will not lead to unstable earth conditions or hazards as determined in FOF No. 5(D). FWRC 19.165.070(3)(e): It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space; and Stream Buffer Encroachment and Clearing and Grading Permit p. 5 Findings, Conclusions and Decision 8. The proposed encroachment will not be materially detrimental to other properties or the city as a whole as determined in FOF No. 5(E). FWRC 19.165.070(3)(f): It is necessary for reasonable development of the subject property. 9. The proposed encroachment is necessary for the development of the subject lots as determined in FOF No. 6. Clearing and Grading Permit Criteria FWRC 19.120.020(4)(b)(i): Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands, or geologically hazardous areas, either on or off the subject property. 10. The proposal is limited to the encroachment of a stream buffer and otherwise does not alter or adversely affect any environmentally sensitive area such as streams, wetlands or geologically hazardous areas. FWRC 19.120.020(4)(b)(ii): It will not violate any express policy of the city. 11. The staff report concludes there is no violation of City policy and none is reasonably anticipated given that the proposal meets adopted criteria for stream buffer encroachments without any associated adverse impacts. FWRC 19.120.020(4)(b)(iii): It meets at least one of the following criteria: (A) It is necessary to correct an erosion or drainage problem on an undeveloped site. (B) It is necessary to create new utility or access corridors. (C) Other unusual circumstances exist which make it reasonable to permit clearing, grading, and/or tree and vegetation removal in advance of the issuance of a development permit, subdivision, or short subdivision approval, or shoreline substantial development permit. 12. As determined in FOF No. 6, the proposal is necessary to create a new access and utility corridor, thus qualifying under FWWRC 19.120.020(4)(b)(iii)(B). Generally Annlicable Process IV Criteria FWRC 19.70.150(3)(a): The hearing examiner shall use the criteria listed in the provisions of this title describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if.• (a) It is consistent with the comprehensive plan; 13. As determined at p. 7-8 of the staff report in the analysis of this criterion, adopted incorporated by reference as if set forth in full, the proposal is consistent with the comprehensive plan. Stream Buffer Encroachment and Clearing and Grading Permit p. 6 Findings, Conclusions and Decision FWRC 19.70.150(3)(b): It is consistent with all applicable provisions of this title and all other applicable laws; 14. Staff have reviewed the proposal for compliance with the zoning regulations of the City and found it consistent. There is nothing in the record to suggest otherwise. FWRC 19.70.150(3)(c): It is consistent with the public health, safety, and welfare. 15. As determined in FOF No. 5 and 6, the proposal provides access necessary for landlocked parcels and creates no adverse impacts. For these reasons the proposal is consistent with the public health, safety and welfare. FWRC 19.70.150(3)(d): The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. 16. As determined in FOF No. 5(E), the proposal will be served by adequate streets and utilities. FWRC 19.70.150(3)(e): The proposed access to the subject property is at the optimal location and configuration for access. 17. The access location and configuration is optimal because as determined in FOF No. 6 and as previously discussed, the proposed location of the driveway is the only location available to serve the property and the staff report notes the design and location meets all City development standards. FWRC 19.70.150(3)(f): Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. 18. As discussed previously and as determined in FOF No. 5, the proposal meets City street design standards and has been approved by the City's Public Works Department. Given this staff review, more likely than not the proposal has been adequately mitigated for traffic safety. DECISION The proposed stream buffer encroachment and clearing and grading permit is approved subject to the following conditions: The buffer enhancement plan is implemented and monitored according to the specification of the plan. 2. The modified location of the ingress, egress and utilities easement shall be recorded with Stream Buffer Encroachment and Clearing and Grading Permit p. 7 Findings, Conclusions and Decision King County Recorder's Office prior to final inspection of the easement construction permit. Dated this 27th day of January, 2014. < �� - G� PhiT A.Olbrechts Hearing Examiner City of Federal Way Right of Appeal This decision may be appealed to the City Council as governed by FWRC 19.70.170, which provides as follows: FWRC 19.70.170 Appeals of the hearing examiner's decision. (1) Who may appeal. The decision of the hearing examiner, which is not the final decision of the city, may be appealed by the applicant, persons who submit written or oral comments to the hearing examiner, persons who specifically request a copy of the written decision, or by the city. (2) How and when to appeal. A written notice of appeal must be delivered to the department within 14 calendar days after issuance of the decision of the director. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city. The notice of appeal must contain: (a) A statement identifying the decision being appealed, along with a copy of the decision; (b) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (3) Transcript. The appellant shall either pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour, or make separate arrangements to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on Stream Buffer Encroachment and Clearing and Grading Permit p. 8 Findings, Conclusions and Decision appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: (a) City staff preparation. Hourly cost of preparation. (b) Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (4) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. CHANGE IN VALUATION Notice is given pursuant to RCW 36.7013.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Stream Buffer Encroachment and Clearing and Grading Permit P. 9 Findings, Conclusions and Decision DECLARATION OF MAILING Pierson 13-101108-00-U P I, Phil Olbrechts, make the following declaration: 1. I am a resident of the State of Washington, over the age of 18 years, not a party to this action, and competent to be a witness herein. 2. On the 27th day of January, 2014, I mailed, via First Class U.S. Mail, a true and correct copy of the FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION to the following addresses: Dick Pierson, 3516 S. 336u' St, Federal Way, WA 98001 Dan Vandenheuvel, 3718 S. 334' St., Federal Way, WA 98001 Carol McNeilly, Federal Way City Clerk, 33325 8`" Ave. 5, Federal Way, WA 98003 I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. EXECUTED at Granite Falls, Washington, this 27th day of January, 2014. POf A.0lbrechts CITY r:F Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Friday, January 10, 2014, in the Federal Way City Council Chambers, 33325 8t' Avenue South, Federal Way, WA. Project Name/File Number: Pierson Driveway - #13-101108-UP Project Description: Paving of an existing ingress/egress and utilities easement to serve two single-family residential lots. Paving and stormwater management improvements are proposed within a 100-foot stream setback. Applicant: Richard Pierson, 3516 South 336�' Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334" Street between 33ra Place South and 38h Avenue South. ! . EN aT FEVifX7 Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Requested Decision: Applicant has requested improvements within a stream setback area and clearing/grading plan approval not associated with a proposed building or land development activity. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to FWRC 14.15.030(1)(a) and Washington Administrative Code 197-11-800(1)(a). Existing Environmental Documents: Citywide Final Wetland Inventory Report (July 19, 1999); Citywide Stream Inventory (November 29, 2001) Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comments and Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision once made may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and existing environmental documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8t' Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera - Associate Planner, 253-835-2638 Doc. I.D. 64699 CIT Feder0% al Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www-citvoffederalway.com DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Other was %mailed ❑ faxed C 1 `i 2013. Project Name File Number(s) Signature ❑ Land Use Decision Letter .I Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on Date / ) -! 9 - f - K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 11:39:00 AM CITY OF 4A Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Friday, January 10, 2014, in the Federal Way City Council Chambers, 33325 81' Avenue South, Federal Way, WA. Project Name/File Number: Pierson Driveway - #13-101108-UP Project Description: Paving of an existing ingress/egress and utilities easement to serve two single-family residential lots. Paving and stormwater management improvements are proposed within a 100-foot stream setback. Applicant: Richard Pierson, 3516 South 336rb Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334t' Street between 33ra Place South and 38t` Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Requested Decision: Applicant has requested improvements within a stream setback area and clearing/grading plan approval not associated with a proposed building or land development activity. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to FWRC 14.15.030(1)(a) and Washington Administrative Code 197-11-800(1)(a). Existing Environmental Documents: Citywide Final Wetland Inventory Report (July 19, 1999); Citywide Stream Inventory (November 29, 2001) Development Regulations Used for Project Mitigation: FWRC Title 14, `Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comments and Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision once made may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and existing environmental documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8 b Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera - Associate Planner, 253-835-2638 Doc. I D. 64699 N 4) N N L Ice � 3 ao E •(� G G D C 0 m V C ro n WE O E z Rf m Z 'D �M 4) ev >, "> co ii.N � Lx A r � O m ca N J cn cn O O Q O O O O O O O 00 O O O N O O O O O O O 47 O o O o O a O O O N O O O O O O O O O 0 0 00 00 00 00 00 00 co 00 00 00 M 00 00 00 00 00 00 0o 00 00 00 00 R Q\ R O\ a\ O\ T D\ all a\ O0 a\ O O\ R R R R ON ON R O\ o 0 4 4 o as Q R o d d 4 d Q CCv d 4 Q d Q 4 Q 0000 3300�3 00 :00 3Q �33 33 ;3333333 d< d 4 4 d,d Q d Q Q¢ .d ¢ 4¢ d d 4 ua d Q 4 Q Q d Q Q d 4¢ 4¢ c,3LLI 33333333�333333333 333 33�3333333 a° �aa�:WtQstWuai�m Wwa�wAw�aW¢ ��A w�dQAAW WAo Q d Q'Qww�,;wrs..d dwcz.ddww4¢.ww dww wu»Hw wwwwww �s. k Con on m v w E-4 F-+ F-+ E- E-� :F» . 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DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South _ Federal Way WA 98003 CITY, OF 253-835-7000; Fax 253-835-2609 �.� v^vw.cityQffederclwov.Corn _a DECLARATION OF DISTRIBUTION 1, hereby declare, under penalty of perjury of the laws of the State of Washington, that a. ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Peimit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed Me -mailed and/or ❑ posted to or at each of the attached addresses on - ) '� , 2013. Project Name File Number(s) ) Signature- Date K:\CD Administration Files\Declaration of Distdbution.doc/Last printed 1 /10/2013 11:39:00 AM Posted Sites: Federal Way City Hall: 33325 8h Ave South Federal Way Library: 34200 1st Way South Federal Way 320h Library: 848 S. 320►h St K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 11:39:00 AM ANS'., CITY OF Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Friday, January 10, 2014, in the Federal Way City Council Chambers, 33325 8th Avenue South, Federal Way, WA. Project Name/File Number: Pierson Driveway - 413-101108-UP Project Description: Paving of an existing ingress/egress and utilities easement to serve two single-family residential lots. Paving and stormwater management improvements are proposed within a 100-foot stream setback. Applicant: Richard Pierson, 3516 South 336th Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334"' Street between 33Td Place South and 38th Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Requested Decision: Applicant has requested improvements within a stream setback area and clearing/grading plan approval not associated with a proposed building. or land development activity. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to FWRC 14.15.030(1)(a) and Washington Administrative Code 197-11-800(1)(a). Existing Environmental Documents: Citywide Final Wetland Inventory Report (July 19, 1999); Citywide Stream Inventory (November 29, 2001) Development Regulations Used for Project Mitigation: FWRC Title 14, `Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comments and Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision once made may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and existing environmental documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8th Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera - Associate Planner, 253-835-2638 Doc. I.D. 64699 Tamara Fix From: Tamara Fix Sent: Wednesday, December 18, 2013 9:58 AM To: 'Mary Lou Goss' Subject: Legal Notices Attachments: 33142173046.DOC; 33578257054.DOC Please print the attached two legal notices (Pierson Hearing, 13-101108, and Soltys NOA, 13-105327) in Friday's (December 20, 2013) issue. Please confirm and issue affidavits of publication. Thanks and Merry Christmas! ,1 31919 1 'Ave S, Suite 101 1 e era , ay, W 98003 f 253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Community Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 20th day of December 2013 , and ending on the 20th day of December 2013 , both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 118.24, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 25th day of February 2014. Notary Public in and for the State of Washington,�ti;ti„�,,,,,,«+��+ _..`' C. Residing at BuckleSION �•��Y""'+++�+ $0 V A,?50 �� f L•I1 1� l�G ry � � � � = 1-"i c�'�'''►►►► 4U$4N'0 _-�o 7 9 �. --A Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Wayy Hearing Examiner will held a. public hearing at 2% P.M. or soon thereafter on Friday. January 10. 2014. In the Federal Way City Council Chambers, 33325 60h Avenue South, Federal way, WA, Project NamelFite Number: Pierson Driveway - 013.101100•llP Project Description: Paving of an existing in- gress/egress and utilities easement to serve two www.nw-ads.com single-lamily residential lots. Paving and stormwa- ter management Improvements are proposed wi,ifr- in a 100-foot stream Setback. Applicant: Richard Pierson, 3516 South 336th Street, Federal Way, WA 9800t Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334th Street be- tween 33rd Place South and 38th Avenue South, Application Received: March 8, 2013 Determined Complele. April 2, 2013 Notice of Application: Aprils, 2013 Requested Decision: Applicant has requested im- provements within a Stream setback area and clearingrgradfng plan approval not associated with a proposed building or land development activity, The city will use Process IV 'Hearing Examiner's Decision' to review and decide upon the appifca- lion. Staff has determined the application Is cate- gorically exempt from a Slate Enwonmentai Policy Act threshold delerminatian pursuant to FWRC 14.15.030(1)(a) and Washington Administrative Code 197.11-Wo(1](0). Existing Environmental Documents: Citywide Final Wetland Inventory Report (Jury 19. 1999); City- wide Stream Inventory (November 29, 2001) Development Regulations Used for Project MiGga- lion. FWRC Title 14, "Environmental Policy"; Thte 16, "Surface Water Management"; and Title 19. "Zoning and Development Code" Public Comments and Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these cdmmerits to the Community and Economic Development Department prior io the public hearing date, or by giving these directly to the Hearing Examiner at she public hearing. only the applicant, persons who submit written or ver- bal Comments to the Heading Examiner, or persons who speci0caly request a copy of fire written decf- Sion once made may appeal the Hearing Examin- ers decision. Details of appeal Procedures for the requested land use decision will he Included wish the written decision. Availability of File: The official project file and ex- isting environmental documents are available for Public review during normal business hours at the Community and Economic Development Depart- me01. 33325 81h Avenue South, Federal Way, WA 98063.9718, Staff Contact: Matthew Herrera - Associate Plan- ner,253-835-2638 Published in the Federal Way Mirror December 20, 2013. FWM 2090 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL Resubmittal DATE: TO: FROM: FILE NUMBER(s): RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS: ZONING DISTRICT: October 11, 2013 Ann Dower, Development Services Sarady Long, Traffic Matt Herrera — Planning 13-101108-00-UP None PIERSON DRIVEWAY *NO SITE ADDRESS* RS 9.6 PROJECT DESCRIPTION: Use process review for proposal to construct a driveway access to two residential lots. LAND USE PERMITS: PROJECT CONTACT., UPIV RICHARD NPIERSON 3516336THST M4TERM4LS RESUBMITTED: 1. Response Letter 2. Revised Figure 5B Developed Basins 3. Revised Figure 7 TESC Plan 4. Revised Sheet 1 Driveway Plan and Profile 5. Revised Sheet 2 Grading, Drainage and TESC 6. Revised Sheet 3 Notes & Details October 3, 2013 Mr. Mathew Herrera Associate Planner City of Federal Way 33325 8t" Ave. S, Federal Way, WA 98003 RE: File #13-101108-00-UP; TECHNICAL RESPONSE LETTER Pierson Driveway, APN 614360-0450 & 614360-0657, Federal Way Dear Mr. Herrera: Relative to the "Items Needed for Use Process IV Application" specified in your letter of May 30, 2013, the following are addressed: 1. Planting Plan —As reviewed with my consultant Scott Luchessa and you, this will be left to be included in "as built" report. 2. Civil Sheet Clarification —comments have been incorporated and six copies of the 1. Driveway Plan & Profile, 2. Grading, Drainage & TESC, and 3. Notes & Details are submitted. 3. Buffer Boundary Graphics —I e-mailed requested color copy of requested renditions to you on August 15. 4. Retaining Wall —Revision of the driveway entrance as recommended by a certified arborist to protect two large cedar trees on neighbor's property eliminated the need for a retaining wall. In addition six copies of revised Figure 5B Developed Basins of the Technical Information Report and Figure 7 TESC Plan are also submitted given the relocation of the driveway entrance as noted above. Regarding the "Items for Future Construction Permitting", items 1-6 have been incorporated in to the plan documents with the exception of the streetlight item 4. Items 7-9 will be implemented preceding the construction phase. I await your direction on next steps. Sincerely op Richard Pierson 3516 S. 336t" Street Federal Way, WA 98001 RESUBMITTED OCT 03 2013 CITY OF FEDERAL WAY CDS FILE CITY OF Federal June 5, 2013 Mr. Don Vandenheuvel 3718 South 3346' Street Federal Way, WA 98001 Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. ciiyoffederalway.. com RE: File #13-101108-00-UP; RESPONSE TO COMMENT LETTER Pierson Driveway, APN 614360-0450 & 614360-0657, Federal Way Dear Mr. Vandenheuvel: The Community and Economic Development Department has received your letter regarding the above - referenced land use application currently under review. The applicant proposes to clear, grade, and pave a new driveway to serve two existing single-family residential lots. The proposal requires a land use permit due to the driveway's relatively close proximity to a stream on the subject property. To paraphrase your comment letter, your concern is with potential stormwater impacts that may affect your property as it is downstream from the subject property. The applicant's proposal is subject to the requirements of current stormwater codes and regulations, which include the 2009 King County Surface Water Design Manual (KCSWDM). The applicant has proposed to mitigate potential downstream impacts by utilizing pervious paving surfaces and dispersion trenches. Following dispersion there remains approximately 20 feet of native vegetation between the dispersion area and the downstream channel for additional infiltration. The applicant's engineer and city staff have determined this conveyance system will contain a 25-year storm event which meets KCSWDM standards. Thank you for your comments regarding the Pierson driveway land use application. Your letter is now incorporated into the project file. You will receive mailed copies of the hearing date and decision related to the project. Please feel free to contact me at 253-835-2638 or matt.herrera@gityoffedemlway_com if you have any questions regarding this letter or the project in general. Matthew Herrera Associate Planner c: Ann Dower, Senior Engineering Plans Reviewer Doc I.D. 63558 April 15, 2013 'APR 1 5 20)3 This letter replaces previous letter dated April 6, 2013. City of Federal Way Department of Community and Economic Development 33525 8t' Ave . South Federal Way, Washington 98001 Re: Project: Pierson Driveway File: #13-101108 We have no objection to the above project. We do have the following concern about the drainage. The drainage from that property flows under 334t' street and under the property directly across the street exiting onto our property 3718 So 334th street and then flows several hundred feet in a hand made concrete channel exiting into North Lake. This concrete channel has been there for many years and is maintained by us as a landscape feature. We do the repairs, maintenance and in the winter time, frequently clean the channel of dirt and debris. Our concern is the volume of water, at times, in the winter could overwhelm this channel. We would like to be assured there will be sufficient controls retaining excess storm water flow and silt from this development. I know from experience this can be done without a great deal of expense. Don Vandenheuvel 253-927-4829 3718 So 334t` Street Federal Way, Washington CITY OF Federal Way May 30, 2013 Mr. Richard N. Pierson 3516 South 336 h Street Federal Way, WA 98001 CFTY HALLFILE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalvvay.com RE: File #13-101108-00-UP; TECHNICAL RESPONSE LETTER Pierson Driveway, APN 614360-0450 & 614360-0657, Federal Way Dear Mr. Pierson: City staff has reviewed your Use Process IV Master Land Use application for clearing and grading plan approval and stream setback intrusion for the proposed construction of a driveway to serve two existing single-family residential lots. Staff has identified several corrections and additional items that are needed prior to scheduling a public hearing. Development Services and Traffic staff from the Public Works Department have also included items needed for construction permitting but are not required as part of the Use Process IV application. ITEMS NEEDED FOR USE PROCESS IV APPLICATION 1. Planting Plan — Please provide a graphic representation (six copies) of the plant schedule from Table 1 of the buffer enhancement plan prepared by Scott Luchessa. 2. Civil Sheet Clarification — To avoid confusion for the Hearing Examiner and general public, please remove the 25-foot buffer from the stream feature and remove the term "short plat" from the title block and resubmit six copies of the affected civil sheets. 3. Buffer Boundary Graphics — Please submit color renditions of Figure 1 Delineated Wetland Boundaries and Standard Buffers from the wetland update memo and Figure 1 Buffer Enhancement Area and Monitoring Locations from the buffer enhancement plan. These orthophotos will assist staff when presenting the report to the Hearing Examiner during the public hearing. You can also email the documents to matt.herrera i ❑ffederalwa -com to save color printing costs. 4. Retaining Wall — Traffic Division staff has indicated the retaining wall cannot be within the 20-foot access and utilities easement. For further information and/or clarification of this requirement and to discuss alternatives, please contact Sarady Long, Senior Transportation Planning Engineer, at 253- 835-2743 or sarady.long@c yoffederalway.com. ITEMS FOR FUTURE CONSTRUCTION PERMITTING The porous HMA detail on sheet 3 is approved. Please revise detail 2, sheet 2 to match sheet 3 regarding HMA depth, gravel base depth, and subgrade information. 2_ In the construction sequence, #15 said to complete stabilization according to the landscape plans. However, the landscape plan is not specific about stabilization. Please coordinate and/or indicate on the civil plans how disturbed soils will be stabilized. Mr. Pierson May 30, 2013 Page 2 3. Add notes for the compost berm as follows (KCS WDM, Appendix D): • Compost shall meet criteria in WAC 173-350-220(10) for Designation of Composted Materials. • Compost shall be obtained from a supplier meeting the requirements of WAC 173-350-220. • Compost particle size distribution shall be as follows: 99% passing I" sieve, 90% passing %" sieve, and a minimum of 70% greater than the 3/8" sieve. A total of 98% shall not exceed 3" in length. 4. A streetlight is required at the intersection with South 334th Street, and could be placed on the existing pole next to the driveway if PSE agrees. Please contact PSE to verify feasibility and arrange for this to be done. Add the city's approval block to the lower right corner of the drawings. 6. Add city's inspection phone number to the plans — 253-835-2700. 7. Construction Permit - Please fill out the enclosed application for an EN approval. An inspection fee deposit in the amount of $1,000.00 will be due and payable upon application. This must be completed prior to the preconstruction meeting. With the application, please submit three sets of revised plans. A concurrency permit will be required at such time the applicant pursues with the development of the two lots. 9. Payment of traffic impact fee for the two lots estimated at $6,412. For residential land divisions and un-platted single-family residential lots, the transportation impact fee may be deferred, but shall be paid no later than the closing of sale of each individual house. Covenants prepared by the city to enforce payment of the deferred fees shall be recorded at the applicant's expense on each lot at the time of plat recording for residential land divisions and prior to building permit issuance for un- platted single-family residential lots. The fee shall be calculated based on the impact fee schedule in effect on the date of payment of the impact fee. CLOSING Please submit the 4 items requested in the Use Process IV subheading with the enclosed resubmittal bulletin. The development review clock has stopped with 58 days used. The clock will begin again within 14 days of the submittal of the 4 requested items above. Those items must be received within 180 days of this letter (November 26, 2013) or the application will expire unless extended under the terms of Federal Way Revised Code 19-15.050. Please contact me at 253-835-2638 or matt.herreLa@cityoffederalway.com if you have questions regarding this letter or your development project. nc Matthew Herrera Associate Planner enc: EN application Resubm ittal Information C. Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer 13-101108 Doc. I D. 63525 CITY OF ti. Federal Way April 2, 2013 Mr. Richard N. Pierson 3516 South 336`h Street Federal Way, WA 98001 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com FILE Re: File #13-101108-00-UP; LETTER OF COMPLETE APPLICATION Pierson Driveway, APN 614360-0450 & 614360-0657, Federal Way Dear Mr. Pierson: The Community and Economic Development Department is in receipt of your Use Process IV application submitted March 8, 2013. Your proposed driveway construction within a stream buffer requires the application pursuant to Federal Way Revised Code (FWRC) 19.165.070(3). The remainder of this letter outlines procedural steps as the department begins formal review of the application. NOTICE OF COMPLETE APPLICATION The Process IV application is deemed complete as of April 2, 2013. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC 19.15.040, "Development Application Submittal Requirements." A technical review of the application will now begin. The Hearing Examiner will issue a decision within 120 days of this letter. Please be advised that the 120-day review time will stop whenever the city or agencies with jurisdiction request corrections, additional studies, or information. The 120-day review time will begin within 14 days from the date the information has been provided to the city. PUBLIC NOTICE The Notice of Application will be distributed within 14 days of this letter as follows: (1) one copy will be posted at each of the official notification boards; (2) one copy will be published in the Federal Way Mirror; and (3) a copy will be mailed to property owners within 300 feet of the subject property. The department also has the responsibility to notify other agencies that may have jurisdiction over your development project or an interest in it. The applicant is responsible for the installation of one on -site notice board along the South 334`h Street frontage. This sign must be installed on or before April 16, 2013. The city prepared the four- by four -foot notice board that is now available for pickup at the. Community and Economic Development Department reception desk. Following installation of the notice board, the applicant is required to sign and return to the city within five days a Sign Installation Certificate (enclosed). Please refer to the enclosed public notice board handout for installation instructions. File 913-101108-00-UP Doc I D 63235 Mr. Richard N. Pierson Page 2 of 3 April 2, 2013 A notice of public hearing will be issued at least 14 days prior to the hearing date and a staff report with recommendation will be made available within seven days of the public hearing. . y CLOSING If you have any questions regarding this letter or your development project, please contact me at 253-835- 2638, or matt.herrera@cityoffederalway.com. Sincerely Ma ew Herrera Associate Planner Enc c: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Planning Engineer File N13-101108-00-UP Doc. LD. 63235 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: March 15, 2013 TO: Ann Dower, Development Services Rick Perez, Traffic Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Matt Herrera FOR DRC MTG. ON March 28 — Internal completeness and preliminary review FILE NUMBER(s): 13-101108-00-UP RELATED FILE NOS.: 12-101079-PC PROJECTNAME: PIERSON DRIVEWAY PROJECTADDRESS: APN 614360-0450 and 614360-0657 ZONING DISTRICT.- RS 9.6 PROJECT DESCRIPTION: Construction of a private driveway to serve two lots. Proposed driveway is within a stream buffer. LAND USE PERMITS: Process IV PROJECTCONTACT. RICHARD N PIERSON 3516 336TH ST Federal Way, WA 98001 MATERIALS SUBMITTED: 1. Signed MLU 2. Project narrative with responses to encroachment criteria 3. Title Report (2) 4. Site Photos (8) 5. Stream Buffer Enhancement Plan (4) 6. Wetland Delineation Addendum (4) 7. Stormwater Pollution Prevention and Spill Plan (4) 8. Technical Information Report (4) 9. Level 1 Downstream Drainage Analysis (4) 10. Plan Set (8) NOTICE OF MASTER LAND USE APPLICATION Project Name: Pierson Driveway File: #13-101108-UP Project Description: Proposed construction of a paved driveway located within a 100-foot stream buffer that will serve two single-family residential lots. Applicant: Richard Pierson, 3516 South 336tb Street, Federal Way, WA 98001 Project Location: King County Parcels 614360- 0450 & 614360-0657. Site is located along the south frontage of South 334th Street between 33rd -Place South and 38th Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Environmental Review: The proposed action is categorically exempt from review under the State Environmental Policy Act pursuant to WAG 197- 11-800(1)(a) and Federal Way Revised Code (FWRC)14.15.030(1)(a). Permits Under Review: Use Process IV pursuant to FWRG 19.165.070(3), and following procedures set forth in FWRC Chapter 19.70. Existing Environmental Documents: Final Wetland Inventory Report (duly 19, 1999); Stream Invento- ry (November 29, 2001) Required Studies: Technical Information Report; Wetland and Stream Delineation; Buffer Mitigation Plan Development Regulations Used for Project Miti- gation: FWRC Title 14, "Environmental Policy'; Ti- tle 16, "Surface Water Management'; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. A no- tice of public hearing will be issued at least 14 days prior to the hearing date. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifi- cally request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures fCT the requested land use deci- sion will be included with the written decision. Availability of File: The official project file and en- vironmental documents are available for public re- view during normal business hours at the Depart- ment of Community and Economic Development, 33325 8th Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Date Published: April 5, 2013 FWM1997 IPLVV�ln ( Ct �� 31919 1 �' Ave S, Suite 101 1 Federal, Way, WA 98003 1 253.925.55G5 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way - Economic Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 5th day of April 2013, and ending on the 5th day of April 2013, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $1 12.4.8, which amount has been paid in full, or billed at the legal rate according to RCW 65. 16.020. Subscribed to and sworn before me this 30th day of April 2013. Notary Public in and for the State of Washington, Residing at Federal Way Page I of I 4 CITY OF P0 Box 3 Federal Way Vpy WA SIGN INSTALLATION CERTIFICATE Pto)�.a Name: jlw\,jcc,t I-. ile No: lomblICLI B.y. Date Itimalladkon;. j�Ti) �/.,L-20f2;3- I hcrcb3 trslif j that the sip installed fully complies with Tb61malIxi,)m stmulard-4 (.)(the 0cpintyucat ut, l.)v.vclopiwm %erviec's "Tns1mL?dtm,i for ()bt;iir6vg & l'o-Aittg Nblic ,%trjjticatjtijj Sigils",L111(i that the: oZ.n wi',] he njainr-airwd Until a 1111al ducimoll is issucd on the Land me aclinn I undersland 41024 failure if) return thin certifictite within rive time tit pwiling msky recruit in damy,,4, notice nr correctionts, and ro-mullinp tit exji6lsr. 5 https://3warhg.bnl.livefilcstore.com/ylml-ffclmO2 sL4neRc gi7ca5TjtK6BS0A3hwzuoV... 4/15/2013 T /T * HE)Vd Wd 9V:Eo CTOZ'9T'-TdV '. A�k CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.dt offedero wa -C m DECLARATION OF DISTRIBUTION ►, C--T c-, ►' hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of. Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other_ ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed X e-mailed and/or ❑ posted to or at each of the attached addresses on l 2013. Project Name 91-C <-.S ` r u e-wr, File Number(s) /3 - L'off a& -(,(C? n _ Signature, C. - Date Ll_ V -13 �J K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 10:35:00 AM CITY Of Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Pierson Driveway File: #13-101108-UP Project Description: Proposed construction of a paved driveway located within a 100-foot stream buffer that will serve two single-family residential lots. Applicant: Richard Pierson, 3516 South 336th Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334"' Street between 33rd Place South and 381h Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Environmental Review: The proposed action is categorically exempt from review under the State Environmental Policy Act pursuant to WAC 197-11-800(1)(a) and Federal Way Revised Code (FWRC) 14.15.030(1)(a). Permits Under Review: Use Process IV pursuant to FWRC 19.165.070(3), and following procedures set forth in FWRC Chapter 19.70. Existing Environmental Documents: Final Wetland Inventory Report (July 19, 1999); Stream Inventory (November 29, 2 00 1) Required Studies: Technical Information Report; Wetland and Stream Delineation; Buffer Mitigation Plan Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. A notice of public hearing will be issued at least 14 days prior to the hearing date. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development, 33325 8`h Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Doc. I D. 63263 'Tina Piety From: Mary Lou Goss <mgoss@fedwaymirror.com> Sent: Thursday, April 04, 2013 9:31 AM To: Tina Piety Subject: Re: Legal Notice All taken care of... Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 19! Sound Publishing, Inc. Map Print Rates Online Rates Media Kit Sound Info On Thu, Apr 4, 2013 at 8:20 AM, Tina Piety <l ina.Piet�3_,cityoffederalway.coin> wrote: Good Morning Mary Lou, Please publish the attached legal notice (Pierson Driveway NOA, 12-101108-UP) in Friday's (4/5/13) issue. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601: Fax 253-835-2609 CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cif-offederalw,,oy.com DECLARATION OF DISTRIBUTION I, C; q�c�x hereby declare, under penalty of perjury of the laws of the State of Washington, that a: P Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Peirnit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 2013. Project Name tr1 C'-n File Number(s) Signature t Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 10:35:00 AM CITY,OF - -_ Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Pierson Driveway File: #13-101108-UP Project Description: Proposed construction of a paved driveway located within a 100-foot stream buffer that will serve two single-family residential lots. Applicant: Richard Pierson, 3516 South 336`h Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334`h Street between 33`d Place South and 38d' Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Environmental review: The proposed action is categorically exempt from review under the State Environmental Policy Act pursuant to WAC 197-11-800(1)(a) and Federal Way Revised Code (FWRC) 14.15.030(1)(a). Permits Under Review: Use Process IV pursuant to FWRC 19.165.070(3), and following procedures set forth in FWRC Chapter 19.70. Existing Environmental Documents: Final Wetland Inventory Report (July 19, 1999); Stream Inventory (November 29, 2001) Required Studies: Technical Information Report; Wetland and Stream Delineation; Buffer Mitigation Plan Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the'public hearing. A notice of public hearing will be issued at least 14 days prior to the hearing date. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development, 33325 8`h Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Doc [D 63233 Official Notification Boards until May 6, 2013. N O O 00 O O O ¢ — CD O 00 d O O 00 ¢ .-ti CD O 00 ¢ O O 00 ¢ O O 00 O O d O O 00 ¢ 3 O O 00 O O d 3 O O 00 Q O 3 CD O 00 O\ Q 3 00 N M 00 Q O O 00 O Q 3 O O 00 d 3 CD O 00 ¢ 3 N O 00 01 Q 3 O O 00 ON N Q 3 .-� O O 00 O1 d 3 r. 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TOMPKINS Certified Arborist — Consulting Urbana Forester Certified Tree Risk Assessor Phone: 253 863-7469 Email: dltl&blam.net Website: evergreen-arborist.com March 31, 2013 Richard Pierson 5373 W. Rafter Circle Tucson, AZ 85713 Dear Mr. Pierson: I visited the property of concern in your presence on March 24, 2013. The purpose was to determine the potential impacts of road construction on two large western red cedar trees located on the neighboring property. The neighbor's parcel number is 6143600445 at 3625 S. 3341 St., Federal Way, WA. The parcel number of your property is 6143600657. Observations: The existing plan includes a 20 foot right of way along the north boundary of your property for construction of an entrance road to two lots located to the west of the neighbor. It requires excavation that would occur within a few inches of two western red cedar trees on the neighbor's property. Such excavation would likely adversely impact these two trees. The neighbor is concerned about the health and safety of these cedars. If these trees would have a major portion of their root systems severed by the proposed excavation, the question is whether or not the trees should be removed. These trees are very large specimens of western red cedars with diameters at 4.5 feet of 35 and 58 inches. They appear to be in good condition. If appraised for their landscape values, they potentially could be valued at between $15,000 and $30,000 each — based upon their diameters and other factors considered by Certified Arborists. Recommendations: Observing the general area and its proximity to a small water way that dries up during the summer, it appears to be feasible to move the right of way approximately 10 feet south of its present location. This action would have several advantages: 1. The topography would negate the present plans to remove one to two feet of soil next to the trees. This would minimize potential damage to the roots. 2. It would enable a close by large cedar (36 inch DBIT) on your property to be saved. This action would preserve the small community of these three trees that have roots intertwined and serve to protect one another from the elements. It would not impact the nearby waterway. The "new" edge of the R/W would be approximately 15 feet from the bank of the ditch. 4. Moving the road would also allow for the preservation of several additional cedars to the west that are designated for removal under the current plan. 5. Preservation of these trees would enhance the forest "ambiance" of the entrance road to the two existing lots and provide a natural buffer to the neighbor's property. 6. Moving the road and preserving the trees in questions offer a "win -win" situation for all parties. The neighbor's trees would be minimally affected and could be preserved, several high valued trees would be saved, the natural environment between the road and the neighbor's property would be enhanced and the impact to the wetland, if any, would be minimal. 7. It is recommended that a future meeting on the site with appropriate city personnel, engineers and an arborist be considered. This would allow all parties concerned to ask and answer questions regarding the above recommendations. We discussed a few high risk trees to the west that potentially would not be removed with the relocation of the proposed road. However, it would be prudent to cut a few that that were pointed out that have structural defects. While a formal hazard assessment of the trees was not conducted, there is no guarantee that an act of God will not cause some type of branch or tree failure in the future of the trees that were observed. Since these occurrences are unpredictable, arborists are unable to accept responsibility for such events. We offer our best opinions based on visible signs and our experience in conducting hazard tree assessments and on -site inspections. Thank you for inviting me to help with your tree questions. Please call if you have further questions at 253 863-7469. Sincerely, Dennis Tompkins Certified Arborist PN-0469A Certified Tree Risk Assessor #485 March 7, 2013 RECEIVE® Mr. Matthew Herrera MAR 0 8 2013 City of Federal Way Community & Economic Development Department CITY OF FEDERAL WAY 33325 8th Avenue South CDS Federal Way, WA 98003 Re: File #12-101079-00-PC, Master Land Use Process IV Application, Pierson Driveway, Parcel 614360-0657, Federal Way Dear Mr. Herrera: The objective of this application is to obtain City of Federal Way permits to construct a driveway across an existing easement to access two residential building lots which were environmentally reviewed, approved and recorded in a BLA process with King County in 2005. The two lots are each just over 19,000 square feet and the proposed driveway is 317 feet long on site and 16 feet wide surfaced with both impervious and porous asphalt of just over 5,000 square feet. As you know I worked with City's Greg Fewins in 2006-7 and paid for a city recommended wetland consultant to review the wetland assessment report that had commissioned for the King County BLA. This review concluded that I would have to pursue a city Process IV Application to proceed with the driveway construction within a steam buffer. Subsequently your pre -application conference letter of April 10, 2012 specified that unless a natural fish blockage can be documented it would be determined that the stream is rated major and the driveway construction would require a Use Process IV approval for permitting action. Therefore I am filling the attached Master Land Use Application for a consolidated Use Process IV review containing the specifics of the check list you provided prepared by my consultants including reports and plans for mitigating the intrusion of the driveway into the stream buffer. Specifically these check list reports and plans address the following criteria (a) through (f) set forth in FWRC 19.165.070(3): a. The proposed project will not adversely affect water quality; The driveway will add less than 5,000 square feet of new impervious surface area. Potential pollutant loadings from the driveway surface will be low because the driveway will access only two homes and therefore will receive low traffic volume. Stormwater from the paved surface will be treated by dispersing it from the edge of the driveway, though a dispersion system and then into native soil. Stormwater runoff will be effectively treated by filtration, adsorption, and microbially-mediated processes within the soil. b. The proposed project will not adversely affect the existing quality of wildlife habitat within the stream or setback area; Habitat quality within the existing setback area has been degraded by historical disturbance, habitat fragmentation, and introduction of non-native and invasive plant species. The habitat quality of the setback area will be enhanced by removing invasive plant species and replacing these with a more diverse assemblage of native plant species. Non-native elm tree saplings, Himalayan blackberry, English ivy, English holly, and reed canarygrass within the stream setback area will be removed. Buffer structure and function will be enhanced by planting native trees and shrubs that provide cover and food for wildlife. c. The proposed project will not adversely affect drainage or stormwater retention capabilities; The drainage plan for the proposed driveway will maintain natural flow paths that occur on the site. Flow control best management practices (BMPs) including porous pavement and flow dispersion into native vegetation will be used to manage runoff from the driveway surface. These practices mimic natural hydrologic processes by infiltrating water into the native soil. d. The proposed project will not lead to unstable earth conditions nor create erosion hazards; A temporary erosion and sediment control (TESC) plan will be implemented during construction to maintain stable site conditions as the project is constructed. The site is flat and has low erosion potential. The vertical alignment of the driveway has been designed to reduce grading activity and minimize potential for soil erosion. The site will be graded and the driveway will be paved during a reasonable construction window, thereby reducing exposure to weather. e. It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space; The properties involved are currently zoned Single -Family High Density Residential RS 9.6 permitting four houses per acre. Plans for only two single- family lots are consistent with the city's land use and density policies and utilize existing vacant land adjacent to city and utility district infrastructure. In addition, the mitigation plan will enhance the function of the stream buffer and nearby wetlands and Native Growth Protection Area of the North Lake Ridge subdivision. f. It is necessary for reasonable development of the subject property. Having lived adjacent to these properties since 1975 and owned them since 1983, 1 have always considered them as large lot single family housing sites similar to my own home. However lots A and B are currently unbuildable for lack of access to a public street and utilities and therefore the proposed driveway access is necessary for the development of the subject properties. Your help in this process is appreciated and I await your guidance relative to next steps needed to complete this project. Sincerely, r�vf Richard Pierson Owner 3516 S. 336th St. Federal Way, WA 98001 $$ g g o Vn y�x o �7m c a poi 88 ' mDw xo r5:i A A m ~ao'�➢r•liu"nb4•�' O• D' * * P ITl z a m "n o o A oo ny n?. bz Sg. 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Ui.. - y I iiFFgg _S O Iv �z ffiHe H a o N d Z stp - Ii I QCy k n d. CG •. 4 m g �� o o �z c) o �• � oo ea.ca' 4 � �• •• c.� s e�srw• e k?I C c,, o ti " S. 334TH ST- o ENVIRON January 25, 2013 Electronic Mail Mr. Dick Pierson 3516 South 336th Street Federal Way, WA 98001 Re: Pierson Driveway Wetlands Dear Mr. Pierson: RECEIVED MAR 0 8 2013 C1Tr At your request, ENVIRON conducted a site investigation to determine if there have been any changes in wetland boundaries delineated on your properties in Federal Way. This investigation focuses on the three, undeveloped King County tax parcels (06143600657 [Lot C], 6143600451 [Lot B] and 6143600450 [Lot A]). As you know, I completed a wetland delineation in 2005 as required for your application to complete a boundary line adjustment that resulted in the three parcels identified above. The delineated wetland boundaries were confirmed by King County as stated in the Ecological Solutions' April 2006 addendum to the March 2005 delineation report. The purpose of this report is to update the wetland classifications as required by the City of Federal Way (City) for permitting the proposed driveway access road from South 3341h Street to Lots A and B. Per Matt Herrera's pre -application conference summary letter dated April 10, 2012 and addressed to Mr. Eric LaBrie, ESM Consulting Engineers, it is assumed that the stream/ditch on the northern portion of Lot C is rated as major for the purposes of this proposed access road permit application. A brief summary of my findings and rationale for the wetland classifications is provided below. APPROACH The approach used to identify whether wetland boundaries have changed and to classify existing wetlands is provided as follows. Onsite Wetlands The onsite portions of existing wetlands were re-established and identified with red surveyor flagging by others based upon the initial surveyed wetland boundaries. Portions of my old wetland boundary flags were clearly visible in many locations where red flagging was hung re-establishing the delineated, confirmed, and surveyed wetland boundaries. The entire western boundaries marked by the red flagging were walked on November 27, 2012. There has been no change in wetland parameters within the wetlands. The absence of any continuous hydric soils and wetland hydrology between the two wetlands was confirmed by digging a soil pit in the middle of the narrow ditch between the south end of Wetland 2 and north end of Wetland 1. Collective observations that I have made over the years and those of the City's wetland consultant Otak and others were used to classify the wetlands using the Federal Way Revised Code (FWRC) 19.175.020. Otak's Doug Gresham completed a peer review of the wetland delineation and confirmed the delineated wetland boundaries as indicated in his January 29, 2007 Technical Memorandum titled Pierson Property Sensitive Areas Review addressed to Greg Fewins, Deputy Director, Community Development Services Planning Division, City of Federal Way. This Technical Memorandum is hereafter referred to as Otak. 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 2 - January 25, 2013 Offsite Wetlands Offsite wetlands were delineated by Talasaea Consultants (Talasaea) for the East Campus South Residential Development, which abuts this site to the east. Four lobes of a wetland identified as Wetland B identified by Talasaea are adjacent to the east boundary of Lot C. A fifth lobe is located in within and extends south of South 336th Street and the waterline easement. Though no wetland category is provided in the August 5, 2003 letter regarding Wetland and Buffer Restoration Plans addressed to Ms. Deb Barker, Associate Planner at the City, the letter does indicate that FWRC requires a 100-foot buffer. That document also indicates that Wetland B consists of a series of 5 wetland areas connected by narrow ditches. Talasaea assumed that there was hydric soil and hydrologic continuity and connectivity between all of these lobes in their June 2002 investigation. There is not continuous hydric soil or hydrologic connectivity as described by both myself and Otak. I examined the offsite lobes delineated by Talasaea during my onsite investigation on November 27, 2012. Total precipitation at Sea-Tac International Airport (NCDC Station 457473) was well above average for the months of October and November, drier than average in July and August, and wetter than average May through July. Table 1 shows the monthly total precipitation and standard deviation around the mean compared to the total monthly precipitation. Immediately preceding my site investigation weather has been much wetter than average. Table 1. Average and total monthly precipitation for Sea-Tac Airport (NCDC Station 457473) MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER AVGa 1.76 1.47 0.75 1.07 1.74 3.51 6.11 STD 0.87 0.84 0.53 1.04 4.35 4.91 2.79 2012b 2.05 2.96 1.04 0.00 0.03 6.71 8.28 — a Long-term average for the National Climatic Data Center Station at Sea-Tac International Airport for the period of record from 1948 through 2012 http://www.wrcc.dri.edu/cei-bin/cliMAIN.pl?wa7473. b Monthly total precipitation. Two days missing data for November FWRC 19.176.020 Wetland categories and standard buffers The following Wetland categories and standard buffers in the FWRC are quoted directly from the current Zoning and Development Code accessed online December 12, 2012 at htt :I/mvw.code ublishin .comNVA/FgderalWa !: (1) Regulated wetlands are classified into the following categories: (a) Category I wetlands meet one of the following criteria: (i) Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or (ii) Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 Tel: +1 206.336.1650 Fax: +1 206.336.1651 www.enx(ironcorp.com Dick Pierson - 3 - January 25, 2013 exchange areas, significant habitat or unique educational sites; or (iii) Have three or more wetland classes, one of which is open water. (b) Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: (i) Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or (ii) Are greater than one acre in size in its entirety; or (iii) Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by nonnative invasive species. (c) Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) Standard buffer widths for regulated wetlands are established as follows: (a) Category I wetlands shall have a standard buffer width of 200 feet. (b) Category I I wetlands shall have a standard buffer width of 100 feet. (c) Category I II wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. This code was used to classify the wetlands and identify the required standard buffers. RESULTS The collective observations and results of onsite and offsite wetland delineation are used to update the previous wetland report and classify the wetlands. Reduction of the major stream buffer is required to permit the proposed access road under the City's Process IV procedure. A wetland/stream buffer mitigation plan (buffer enhancement plan) will be provided separately. There remain two wetlands on the site as shown in Figure 1. There are no surface water connections or continuous hydric soils between Wetland 1 and Wetland 2 as explained in more detail in the next subsection. Discontinuous Wetland Characteristics A test pit (Figure 1) excavated in the bottom of the narrow ditch constructed to drain the wetlands contained no positive indicators of hydric soils or wetland hydrology, despite the wetter than average conditions preceding this most recent investigation. The test pit was dug to a total depth of 17 inches below the ground surface. From 0 to 9 inches below the ground surface, there was a very dark grayish brown (10YR 3/2) gravelly sandy loam, which was moist but not saturated and contained no redoximorphic features. Below this layer from 9 to 15 inches was a dark brown (10YR 3/3) gravelly sandy loam, which was moist and approached saturation near the interface with the layer below but was not saturated. This second layer contained a few, fine to medium, redox concentrations. Beneath this layer from 15 to more than 17 inches below the ground surface was a light yellowish brown (2.5Y 6/3) to pale yellow (2.5Y 7/3) weakly cemented gravelly sandy loam layer. This layer appeared to be weathered glacial till. This layer also was unsaturated. About 50 percent of this layer consisted of yellowish brown (10YR 5/6) and brownish yellow (10YR 6/8) redox concentrations. There were no positive indicators of hydric soils in the test pit. Rather, observed soils are consistent with and confirm the map unit designation of Alderwood gravelly sandy loam 0 to 6 percent slopes (Attachment A). Alderwood gravelly sandy loam soils are non-hydric. 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 4 - January 25, 2013 Inclusions of hydric soils, such as those observed in the delineated wetlands, are much different. These are present within the Wetlands 1 and 2, which are located in depressions to the north and south of the topographic saddle. Typical hydric soils in the wetlands consist of a very dark gray (10YR 3/1) silt loam with abundant redoximorphic features in the surface layer. The surface layer is underlain by a very dark brown (10YR 2/2) sandy loam with common and prominent redoximorphic features as indicated in the original wetland delineation report. It is important to note the absence of any positive indicators of wetland hydrology in the topographic saddle between Wetlands 1 and 2 and that there have been significant changes in the catchment or contributing drainage areas to these wetlands. The topographic contours in Figure 1 clearly show there is a topographic saddle between Wetland 1 and Wetland 2. This is the area where the narrow ditch was excavated. The ground surface here is a foot or more higher than the shallow depressions where the closed depressional (Wetland 2) and depressional outflow wetlands (Wetland 1) are located. There was up to six inches of standing water in the offsite portion of Wetland 2 to the northeast of the north end of the ditch. The surface of the water was at least 12 inches below the bottom of the excavated ditch. Both Talasaea and Otak noted this ditch in their reports. Otak agreed that there was no hydrologic connection between the two wetlands. Even deeper standing water was observed in depressional areas within Wetland 1. Surface water elevation at the south end of the ditch was about 1.5 feet below the bottom of the south end of the narrow ditch between the wetlands at the time of my site visit. Furthermore, you have indicated never seeing any surface water in the excavated ditch between these wetlands in the 30 plus years you have lived on the property. Thus, it is clear that neither hydric soils nor wetland hydrology are present in the ditch or topographic saddle between Wetlands 1 and 2. Therefore, it is considered upland. Contributing drainage area to both Wetland 1 and Wetland 2 has been reduced by the Quadrant East Campus Residential development to the east. This reduction in the total area contributing to the hydrology of these wetlands has likely altered the hydrologic regime of these wetlands making them drier. According to your personal communication with Kevin Peterson, the Engineering Plans Reviewer for the City of Federal Way Public Works Department, roof runoff from residences in the East Campus development that would historically have contributed to shallow groundwater recharge and interflow to Wetlands 1 and 2 as shown by the topographic gradient in Figure 1 is now collected and routed to stormwater management facilities at the south end of that development thereby bypassing the wetlands. This has reduced the area draining to these wetlands likely contributing to reduced groundwater recharge and drier conditions. In conclusion, there is no wetland hydrology or hydric soils in the narrow ditch or topographic saddle between Wetland 1 and Wetland 2. As noted in Ed McCarthy's Level 1 Downstream Drainage Analysis Wetland 2 is within the north basin and Wetland 1 is within the south basin. Surface flow from the north basin is towards the north through the stream/ditch and the concrete culvert beneath South 334t" Street as depicted in Figure 1. Surface flow from Wetland 1, which is within the area identified by Mr. McCarthy as the south basin, is to the south. Wetland Classification The previously delineated, confirmed, and surveyed wetland boundaries on the site have not changed. Clear indicators of hydrophytic vegetation, wetland hydrology, and hydric soils persist within the previously identified wetland areas despite the considerable reduction in contributing drainage area from the Quadrant East Campus Residential development to the east. Wetland 1 contains two wetland vegetation classes: scrub -shrub and forested. As was noted in the original 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.en)iironcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 5 - January 25, 2013 report and has been confirmed by Otak, there are no listed species present, nor any documented habitat recognized by state or federal agencies for such species nor are there plant associations of infrequent occurrence, irreplaceable ecological functions, or wetlands of local significance as identified in FWRC 19.175.020.1.a.ii. Category II wetlands have a standard buffer of 100 feet, according to FWRC 19.175.020.2.b. Wetland 2 contains only one wetland vegetation class. In places, Himalayan blackberry, an invasive species, is a codominant species. Total area of this wetland is approximately 8,734 square feet as shown in Figure 1. It does not exhibit characteristics of either a Category I or Category II wetland and is thus classified as a Category III wetland. In 2007, the City's consultant (Otak) agreed with this Category III classification. Category III wetlands between 2,000 and 10,000 sq. ft. have a standard buffer of 25 feet, according to FWRC 19.175.020.2.c. Yours sincerely Scott Luchessa Senior Science Advisor I Certified Ecologist Enclosures: Figure 1. Delineated Wetland Boundaries and Standard Buffers Attachment A. Soils in the Vicinity of the Pierson Driveway 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 - r - deHneated ❑1— " ^� 3 4 # h ti Welland Boundary Approximate Off -sits Wetland Boundary 25- and 100-toot F Wetland Buffers 20-foul Ingress) Egress Easement parcels 1-foal Contour rT Data 5owces 1 AM 1.1oa1 O"de Camoute. Drwowayy � t - Easemont, D7 Iinealod 0,. Sl:a Watlands f f ESM 1-kw! QA-Sire CvMaum. Appraslm klr 011•sito wetlands: IOpg County Aarcok 2012 ESRI Ima2aq 0, ENVI RON Delineated Wetland Boundaries and Standard Buffers N Pierson Driveway 12-101079-00-PC, Federal Way, Washington n Figure 0 25 y0 100 150 200 N Feet 905 Fifth Ave I Seatde, Washington Prepared By: E McCormick Approved By: S. Luchessa Project Number. 3D-31176A Scale: 1:600 Date: 2I62013 Attachment A Soils in the Vicinity of the Pierson Driveway A .LL oZZL BD 0 m n � a N M ��L ALL oZZL O O N � qp try S �. IL L..� pow (6 5z N p -0 L L Z 1 o T � U) W'o l4. 1 z u) > t } : U) U)n O m w �o 60LLo U I � O O L f l _ � r Y• N * , • f r`tirc� co ` ` N Q � O O 40 ■ N � C U CD m 7 ) * y Z O O N O F ' g N ��l m O ♦♦♦ ' z Q z U r ti tj� „sz,u ozzl � �I 0 m v T C m 0 3 rn� C .— L w Ca c 0 w m a) 2 d Q m w w c w 0 o o U � C U Y > Lw m w C O V) z O G 0 z Ca G M z w 0 W J a CD C CL O O N D) O c N w N w fn N 'mo °' N 16 > `o'er' N 30c 100 0 Cd °�-� co'E t v y G U p-0 o m CD0 U)O o N _ Z a) O- 7 C 0 m w O` U C O 4 .0, L O O % N •a m cL,a) w N .� C U U C L N r ID w w CDU Cn m w Co Emma) w >, pMp cai> Z mN UE'o ao 3 w otmEo w E a c0Q Z ?moo m m O ' Q Cc w a U w E U N N 0 N 2 N L N $0 w C O Q m U ` ID Q 7 07 a •- > c > t o= o 3 o w 3 �^ 0 E Tm ami O w QO a) o— w o O O w p a) w�N �' E o 2 O 3 L cL m� Em m 21 C C m L L U •2 m D y n o > Irv° ami w = m c� 3 y w U m m E y G L L fO Jcj� Z E2 y Y w L a)C m O O O a w m O m> E E m E m O) m w m o'rn d o w O O"O L"O C w QO �+ �R NQ E O-0 O O N 7 O (n C m~ 7 m y U O C >. N m 0 (n (n 2 - 0 C Q m u L C aL a m w •C w C E c E o— m o 2Q m L�� o w C a)CE� m 7 U w m7 Zn m m 0 Co j Q aa) w> N 2 w O 0°'a�a a O L m C y m� m al O p a� 0 L O 0 7 i6 m E m E L p E o F- W E a w n E u) U F- :E U) c F- U � w _ C c m a � 0 U t a w � > N N N co 0 O (D in O O U)a '" co E o �° d _co > > O c (� 0) O U co o m � J J 4 m LL N � A lL CL N <. r A r IL 3 F- 6 CL a o m U) a 2� CL mO2 (7 CJ J J �N Ca!s �N aU °Cs l6 a o N �u dO ° E> c a°w n a oa m m U) U) Q>7 cpQ U. CD > 0 O o aO > O ap 0 m U n U w (n U coQ m m U U � m a E Q w N co O O N N N N N a7 �(L 0 O 2 . o m Uw = m O U) a 3U m 0 m Z QCI� Soil Map —King County Area, Washington Map Unit Legend Sails in the Victnity of the Pierson Driveway King County Area, Washington (WA633) Map Unit Symbol Map Unit Name Acres In A01 Percent of AQt AgB Alderwood gravelly sandy loam, 0 to 6 percent slopes 30.6 100.0% Totals for Area of Interest 30.6 100.0% USDA Natural Resources Web Soil Survey 1211212012 Conservation Service National Cooperative Soil Survey Page 3 of 3 Pierson Driveway Buffer Enhancement Plan Prepared for: Mr. Dick Pierson Federal Way, WA Prepared by: Scott Luchessa ENVIRON International Corporation Seattle, Washington Date: February 2012 RECE1VProject Number: EL 30-31178A MAR 0 8 2013 CM of FEDERAL WAY CDs tlo ENV RO N Contents 1 Introduction 1.1 Wetland and Stream buffers 1.2 Mitigation Sequencing Pierson Driveway Buffer Enhancement Plan Page 1 1 3 2 Buffer Enhancement Plan 5 2.1 Goals and Objectives 5 2.2 Removal and Control of Non-native and Invasive Plants 5 2.3 Native Plant Materials 6 2.4 Performance Standards 8 2.5 Maintenance and Monitoring 8 2.6 Contingency Plans 10 3 References List of Figures Figure 1: List of Tables Table 1: Table 2: Table 3: List of Appendices Appendix A: Buffer enhancement and monitoring locations Plant material schedule for buffer enhancement Buffer enhancement area performance standards Maintenance and monitoring schedule Photographs of Existing Buffer Conditions 11 Contents 1 ENVIRON Pierson Driveway Buffer Enhancement Plan 1 Introduction This buffer enhancement plan is proposed for the reduction in the buffer to the assumed major stream (ditch) from Mr. Dick Pierson's proposed driveway (File No. 12-101079-00-PC) off of S 334th Street to access two developable lots. Mr. Pierson owns King County tax parcels 6143600450 (Lot A), 6143600451 (Lot B) and 06143600657 (Lot C). An existing easement is recorded on Lot C for a future driveway to access Lot A and Lot B. A small intermittent stream/ditch on the north end of Lot C is assumed to meet the criteria of a major stream as defined in the Federal Way Revised Code (FWRC). The stream is clearly an excavated feature having a straight configuration and carries seasonal flow north through a culvert beneath S 334th Street and ultimately to North Lake. It is approximately 170 feet long and varies in width from about three to eight feet. The depth of this feature is up to about a foot. The ditch is lined by red alder trees and a mixture of native and invasive shrubs and forbs. This degraded feature does not provide habitat for fish nor is it used by any fish. It also does not appear to support any amphibian breeding because it is too shady and lacks potential egg attachment sites but may be used for foraging or dispersal. For the purposes of permitting the proposed access road (driveway) to Lot A and Lot B under the City's Process IV procedure, it is assumed to be a major stream. Two small wetlands also are located on Lot C in the vicinity of the proposed driveway. The boundaries and classifications of these have been confirmed by the City of Federal Way. 1.1 Wetland and Stream buffers As shown in Figure 1, it is not possible to construct an access road from S 334th Street to Lot A and Lot B without encroaching into the stream buffer. The standard buffer for Wetland 2 (Category III) is maintained under the proposed driveway alignment though the effective buffer is reduced. Under Process IV, this proposed driveway is approvable provided the following criteria set forth in FWRC 19.165.070(3) below are met: (3) Other intrusions. Other than as specified in subsections (1) and (2) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process IV, based on the following criteria: (a) It will not adversely affect water quality; (b) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space; and (f) It is necessary for reasonable development of the subject property. These criteria are addressed in the cover letter for the permit application, which was produced in collaboration with Ed McCarthy, PE. Additional information on how the criteria are met is presented in the Technical Information Report prepared by Ed McCarthy, PE, PS and this buffer enhancement plan. Introduction 1 ENVIRON Delineated On -Site +?J 4 t d.. --- Wetland Boundary I! Approximate 011-site Wetland Boundary ' Buffer Enhancement Area - 25• and 100-Toot. - Wetland Buffers i 20-toot Ingressl Egress Easement " Parcels t 1-fool Contour Photopoint and DirecBon Qnta Sources. AXIS 1 -1001 On-Sna contours. Onvcrray Easement, 0t5ne awd OnSft Waliands: ESM 1-foot Off -Sue Contours, A{rprokimaln Od$po Wallarrds, IGng county Paroat► 2012 Espi onaaaty j h:lff&r Buffer Enhancement Area and Monitoring Locations N Pierson Driveway 12-101079-00-PC, Federal Way, Washington Figure E NVI RON 0 25 y0 100 150 G00 Feel "� 905 Fifth Ave I Seattle, Washington 1 Prepared By: E McCormick Approved By: S Luchessa Project Number: 30-31176A Scale: 1:600 Date: 2/202013 Pierson Driveway Buffer Enhancement Plan 1.2 Mitigation Sequencing There is limited driveway access to the legally platted lots. It is not possible to completely avoid buffer impacts. Access from S. 334th Street to Lot A and Lot B through Lot C is the least potentially environmentally disruptive alternative to identified environmentally sensitive areas (stream and wetlands) and thus minimizes potential buffer and stream and wetland impacts. Driveway access from S. 334th Street encroaches into the ditch (major stream) buffer but does not encroach into either of the wetland buffers. The ditch provides more limited water quality, hydrologic, and wildlife habitat functions than existing wetlands. A more detailed description of the potential impacts on these is described below. As part of our analysis, we looked at the alternative of providing access to the lots from S. 336th Street. Depending on the driveway access configuration from S. 336th Street, there might not be any encroachment into the ditch (major stream) buffer but there would be greater encroachment into the wetland buffers. Effective buffer widths would be similar for Wetland 2 (Category III) but there would be significant encroachment along the majority of the west side of the buffer of Wetland 1 (Category ll). Such buffer impacts would likely have greater potential impacts on wetland water quality, hydrologic support, and wildlife habitat functions compared to access from the north. Any access options from S. 336th Street would include proportionally more impervious surface area associated with a driveway at least 60 feet longer than the proposed configuration. Assuming a minimum width of 20 feet, there would be at least 1,200 sq. ft. more of new impervious surface area. This is almost 25 percent greater than the proposed driveway. The additional disturbance, encroachment into the buffers, and proportionally greater impervious surface area would translate to incrementally greater potential impacts on water quality and hydrology. Topography is steeper in this area, which increases the potential for erosion and delivery of sediment to Wetland 1 and downstream areas. Whereas access from S. 334th Street affects proportionally less buffer and is flat, reducing the potential for increased erosion and sedimentation impacts. Furthermore, the quality (structure and species diversity) of the stream and wetland buffer and thus potential wildlife habitat is more degraded to the north. Non-native and invasive species, including Himalayan blackberry (Rubus armeniacus), English holly (Ilex aquifolium), English ivy (Hedera helix), reed canarygrass (Phalaris arundinacea), elm trees (Ulmus sp.), and honeysuckle (Vinca minor) are abundant within and adjacent to the proposed access shown in Figure 1. By contrast, these species are far less common and abundant within the area where an access road could potentially be located from S 336th Street. Locating the driveway within the recorded easement and building a road from S 334th St. avoids and minimizes impacts to buffers, stream, and wetlands. The proposed pavement width is the minimum allowed that still meets code requirements. Total impervious surface area is minimized within the easement to a total area of about 2,944 sq. ft. Porous asphalt (2,320 sq. ft.) is incorporated into the driveway design to minimize the amount of new impervious surface area and reduce stormwater runoff. In addition, all stormwater runoff from the driveway will be conveyed to dispersion gravel at the east edge of the pavement. Stormwater from smaller storm events will infiltrate into the soil and runoff from up to a 25-year storm event would be similar to that for mature forest. Stormwater from larger events will sheet flow through the adjacent flat, riparian buffer a minimum of 20 feet, which will provide additional filtration and Introduction 3 ENVIRON Pierson Driveway Buffer Enhancement Plan infiltration before reaching the ditch. Estimated increase in the 100-year 15-minute peak flow rate is less than 0.1 cubic feet per second compared to existing forested conditions, according to the Pierson Driveway Technical Information Report prepared by Ed McCarthy, PE, PS (2013). This change is insignificant and there will be no adverse impacts to hydrology or water quality. Also, the existing easement and access minimizes fragmentation of remaining habitat and better preserves connectivity between onsite and offsite habitats, particularly to the higher functioning buffers and wetlands. Introduction 4 ENVIRON Pierson Driveway Buffer Enhancement Plan 2 Buffer Enhancement Plan The level of detail in this proposed mitigation (buffer enhancement) plan is commensurate with the potential impacts to the buffers and protection these provide to the existing degraded wetlands and aquatic resources in the vicinity of the proposed driveway. Mitigation plan components that should be included in more complex projects that have a greater potential to affect stream and wetland functions are not applicable and excluded here, which is consistent with existing mitigation planning guidance (Ecology et al. 2006). Buffer enhancement will be completed immediately upon completion or concurrent with driveway construction. The goals and objectives, methods for removing and controlling invasive species, and native tree and shrub plantings that will be used to enhance the remaining buffer are identified and discussed. Performance standards and maintenance and monitoring methods to be used to document achievement of the goals and objectives of the buffer enhancement are presented. Lastly, appropriate potential contingency plans are identified should the initial enhancements fall short of specified goals and objectives and performance standards. 2.1 Goals and Objectives The goals and objectives of the buffer enhancement plan are modest and have a high probability of success. They take into consideration the type, structure, and function of existing stream and wetland buffers as well as the need to balance resource protection and growth within the designated urban growth boundaries. Goals and objectives of the buffer enhancement are: Replace degraded non-native and invasive plant associations in the ditch (stream) buffer with plant associations dominated by native plant species; Improve water quality protection functions by increasing woody plant density and filtration capacity; • Improve wildlife habitat by reducing the abundance and distribution of non-native and invasive plants within the buffer; • Improve wildlife habitat by increasing the structural complexity and diversity of native plants within the buffer; • Maintain or improve buffer function and protect existing stream and wetland functions and values. 2.2 Removal and Control of Non-native and Invasive Plants The first step in enhancing the remaining buffer is to remove and control invasive plant species. To reduce competition for light, water, nutrients, and other resources, non-native and invasive plants will be grubbed from the driveway easement and adjacent areas identified in Figure 1. Aboveground and belowground biomass of non-native elm trees and saplings, English ivy, English holly, Himalayan blackberry, honeysuckle, reed canarygrass and other non-native or invasive plants identified by the project engineer or mitigation specialist shall be removed from the driveway and adjacent buffer enhancement areas within the decadent deciduous forest. Removed biomass shall be properly disposed of offsite or shredded and used for mulch in disturbed areas within the buffer enhancement area. Buffer Enhancement Plan 5 ENVIRON Pierson Driveway Buffer Enhancement Plan Following installation of native trees and shrubs specified in Section 2.3 Native Plant Materials, non-native and invasive plants shall be controlled as specified in this section. A combination of, cultural, mechanical, and herbicide treatments will be used to control re-establishment or regrowth of invasive species. Areas cleared of non-native and invasive species within the buffer enhancement areas shall be mulched with medium fine bark mulch or arborist wood chips at least 3-inches thick. Such mulch will enhance moisture retention, nutrient availability, and infiltration of stormwater runoff; reduce potential erosion; and increase pollutant removal and retention within the buffer. Beneficial impacts of mulch, such as increasing moisture retention, nutrient availability, and infiltration, contribute to increased survival of plantings (Zink and Allen 1998; Cahill et al. 2005). Mussman et al (2008) reported mulch effectively reduced erosion up to 99% on fine and coarse sediments from Lake Mills in experiments simulating high and low rainfall on slopes of 5 and 15%, which are steeper than those in the proposed enhancement area. During the period of native plant establishment and monitoring, periodic removal of invasive species will likely be required. Mechanical removal can be effective in controlling some invasive plants. Some listed noxious weeds, such as Himalayan blackberry and reed canarygrass that sprout from root fragments missed during initial grubbing may require a combination of methods including spot applications of systemic herbicides. If herbicides are used, it is strongly recommended that only those herbicides, surfactants, and adjuvants approved for use in aquatic environments by the Washington State Department of Ecology, such as Rodeo® and Habitat@ are used. A list of Ecology -approved herbicides, surfactants and adjuvants can be found online at htt ://www.ec .wa. ovl roaranis/w ! esticides/re esticides.htmI#adduvant. These systemic herbicides are non -selective and must only be applied by a licensed applicator in accordance with manufacturer specifications. Those herbicides approved for use in aquatic environments have undergone thorough environmental impact review and have been shown to have little impact on aquatic organisms at the manufacturer recommended application rates. 2.3 Native Plant Materials A mix of native trees and shrubs will be used to enhance the structure and diversity of the existing forested plant communities. Decadent, deciduous forest is the dominant cover type adjacent to the proposed driveway. There are also small areas dominated by dense western red cedar (Thuja plicata) and noble fir (Abies procera), planted by the landowner. These will be thinned and replaced with native trees and shrubs. The mixture of trees and shrubs identified in Table 1 will be used to create native plant -dominated associations where non-native and invasive species have been removed and improve the species diversity and structure within the deciduous forest. Underplantings of native trees and shrubs will improve the structure and ultimately create a multi -layered tree stratum where there is now only an even -aged structure. Buffer Enhancement Plan 6 ENVIRON Pierson Driveway Buffer Enhancement Plan Table 1. Plant material schedule for buffer enhancement. Spacing Scientific Name Common Condition in Feet Comments Quantity Name on Center Trees ' Groups of 2or 3 in open Fraxinus latifolia Oregon ash 2-gal container, Irregular areas near the east 6 min. height 3.5 ft. boundary of Lot A and _ scattered individuals I 2-gal container, Scattered individuals Picea sitchensis Sitka spruce_ min. height 2.5 ft. Irregular and groups of 2 or 3 J 12 Populus f Scattered individuals Black 2-gal container , balsamifera ssp. Irregular and groups of 2 in the 5 trichocarpa cottonwood min. height aft. open area near Lot A Salix lucida var. Live stakes, min. Groups of stakes near lasiandra Pacific willow 0.5-in. diameter x 3 1.5 ft o.c. the Wetland 2 boundary 18 ft Ion Thuja plicata Western red 2-gal container, Irregular Scattered individuals 15 cedar min. height 3.5 ft. and _groups of 2 Total 56 Shrubs Red -osier 2-gal container or Groups of 3 to 4 plants Corpus sericea dogwood bare root, min 6 to 9 and scattered 24 height 2.25 ft.* individuals Crataegus I Douglas 2-gal container Irregular Scattered individuals 11 dou lasii hawthorn !. Gaultheria Salal 1-gal container 3 to 6 Groups of 4 to 5 plants 18 shallop I in open area near Lot A Mahonia Tall Oregon 2-gal container or Groups of 4 to 5 plants aquifolium grape bare root, min. 6 to 9 in the open area near 40 height 2.5 ft. Lot A Physocarpus Pacific 12-gal container or Groups of 4 to 5 plants capitatus ninebark bare root, min 9 to 12 and scattered 36 height 2.25 ft.- individuals Ribes Pink- 2-gal container or Groups of 2 to 3 plants flowering bare root, min. 3 to 6 near the east boundary 16 sanguineum currant height 2.5 ft. of Lot A 2-gal container, Groups of 10 to 15 Rosa nutkana Nootka rose min. height 2.5 ft. 3 to 6 lants 50 1-gal container or Rubus spectabilis Salmonberry bare root, min 3 to 6 Groups of 6 to 8 plants 30 height 2 ft. 1 Total 225 j Buffer Enhancement Plan 7 ENVIRON Pierson Driveway Buffer Enhancement Plan To discourage future access into the buffer as well as increase water filtration capacity, groupings of prickly shrubs are proposed in existing open areas and newly cleared areas adjacent to the driveway. Adjacent to Lot A, there is an open area. Alternating, large groups of tall Oregon grape, Nootka rose, and salmonberry are recommended in this open area. In shadier areas, Nootka rose and salmonberry are better candidates being shade tolerant. All spread vegetatively once successfully established and will form dense thickets. Larger shrubs and trees will be planted behind these. Deciduous trees (Oregon ash, black cottonwood, and Pacific willow) are intended mostly for the open area (grassland) adjacent to Lot A. Companion plantings of individual conifers (western red cedar or Sitka spruce) can be placed east of deciduous trees and interspersed elsewhere in the deciduous forest dominated by decadent red alder. Red -osier dogwood, Pacific ninebark, and Douglas hawthorn will all tolerate more mesic conditions. Pink flowering currant and salal prefer drier conditions. This suite of native plants will improve the habitat structure and complexity by reducing or eliminating invasive species, creating additional breeding and feeding opportunities, and increasing plant species diversity. 2.4 Performance Standards All performance standards are relative to existing conditions. Density of woody shrubs within the buffer is relatively low because of the shade created by western red cedars in the driveway easement and existing open area (grassland). Photographs (from established points and aerial) combined with proposed monitoring will be used to demonstrate that identified performance standards have been met. All standards (Table 2) are reference to year five, the minimum duration of required monitoring, according to FWRC. Assuming construction of the driveway in 2013, the fifth full growing season would be 2018. Progress towards achieving these standards the first four years of monitoring will be gaged by characteristics (composition and total areal cover) of native and invasive species within the buffer enhancement area. Table 2. Buffer enhancement area performance standards. Type Performance Standard Water Quality —1 Increase the filtration function of riparian buffers by increasing the density of woody vegetation Habitat — 1 Increase the native plant species diversity by establishing populations of at least fivespecies not now present in the buffer Habitat — 2 Improve the forest structure by establishing a new cohort of trees Habitat — 3 Provide additional feeding and breeding opportunities by establishing multiple tiers of vegetation shrubs and trees) Habitat — 4 Greater than 65% total cover of native trees and shrubs within the enhancement area Habitat — 5 Total invasive plant cover less than 15% All standards apply to conditions five years after enhancement has been com feted. 2.5 Maintenance and Monitoring Regular maintenance is necessary for the successful control of invasive species and establishment of native plants. Herbivory by rodents (voles or mountain beaver) or deer does not appear to be a problem at this site. Thus the biggest threat to the successful establishment of native plantings is competition with non-native and invasive plants for limited resources. Control of Himalayan blackberry, reed canarygrass, and other weedy species through application of an integrated pest management plan, such as regular mechanical removal of Buffer Enhancement Plan 8 ENVIRON Pierson Driveway Buffer Enhancement Plan aboveground and belowground biomass, application and renewal of mulch, and spot herbicide treatments is an effective means of controlling non-native and invasive plants. It is recommended that monthly inspections be conducted at a minimum for the first two growing seasons. Appropriate maintenance actions can then be taken to promote successful native plant establishment. Any annual or perennial weedy species that colonize mulch (arborist wood chips) placed in a 2- to 3-foot diameter circle around plantings, shall be removed and then mulch renewed for at least the first two years (see Table 3). Mulch should be a minimum of 3 inches thick except where in contact with the stem of arborescent shrubs and trees. For arborescent trees and shrubs, mulch should be pulled back away from the stem so that there is little if any mulch in direct contact with the stem. Watering is recommended between approximately May and September for the first two growing seasons. The frequency of watering will depend on precipitation and temperature patterns. In general, plants should receive an inch of water a week, particularly during the summer drought (July through September). Use of a soil moisture retention polymer, such as SoilMoist®, in the planting holes and mulch will help to retain water and reduce the frequency of required watering. Soil moisture retention polymer shall be applied in all planting holes with sandy loam soils as specified by the manufacturer. At a minimum, all planted shrubs and trees shall be watered an inch per week during the summer drought the first two growing seasons after installation is completed. Adaptive management and monitoring will be implemented. The minimum maintenance and monitoring specified in Table 3 will be conducted. Monthly maintenance inspections will be conducted and these will be used to specify more frequent maintenance if appropriate. Monitoring will be used to verify incremental progress is being made, document that performance standards are being met, and determine whether or not contingency measures may need to be implemented. All years specified in Table 3 assume that the driveway will be constructed in 2013 and plantings installed in the fall of 2013. Table 3. Maintenance and monitoring schedule. 2014 - 2015 2014 -2015 2014 - 2015 2014 - 2015 2014 - 2015 Maintenance (March) (May) (July) (September) (October) Watering' X X X Remove Invasive X X X X s Renew mulch X Monitoring 2013 2014-2018 2014-2018 2014-2018 2014-2018 Ma (Fall)(Fall) As -built X hotos/re ort3 Monitoring photos X X Plant Cover X Monitoring report X At a minimum, all plants will be watering during the summer drought the first two growing seasons (see text for details). 2 Weeds shall be carefully removed within the 2- to 3-foot mulch ring around each shrub and tree before mulch is renewed. 3 Assumes plantings are completed in the fall 2013. 4 Monitoring re arts shall be com leted by no later than the end of each calendar year. Buffer Enhancement Plan 9 ENVIRON Pierson Driveway Buffer Enhancement Plan 2.6 Contingency Plans Contingency measures may include grubbing invasive species or completing supplemental plantings of native plants necessary to meet specified performance standards. Implementation of maintenance, maintenance inspections, and monitoring and adaptive management (if necessary) should eliminate the need for any contingency measures. Small-scale buffer enhancement is easily achieved provided identified maintenance is implemented. Monitoring reports will clearly demonstrate whether maintenance is being completed as recommended. Buffer Enhancement Plan 10 ENVIRON Pierson Driveway Buffer Enhancement Plan 3 References Cahill, A., L. Chalker -Scott, and K. Ewing. 2005. Wood -chip mulch improves plant survival and establishment at no -maintenance restoration site (Washington). Ecological Restoration 23:212-213. Ecology et al. 2006 (see Washington State Department of Ecology and others. 2006) McCarthy, E. 2013. Pierson Driveway Technical Information Report dated January 31, 2013. Ed McCarthy, PE, P.S., Renton, WA. Mussman, E.K., D. Zabowski, and S.A. Acker. 2008. Predicting secondary reservoir sediment erosion and stabilization following dam removal. Northwest Science 82(sp1):236-245. Washington State Department of Ecology, U.S. Army Corps of Engineers (Seattle District), and U.S. Environmental Protection Agency (Region 10). 2006. Wetland Mitigation in Washington State — Part 2: Developing Mitigation Plans (Version 1). Washington State Department of Ecology Publication #06-06-011 b. Washington State Department of Ecology, Lacey, WA. Zink, T.A. and M.F. Allen. 1998. The effects of organic amendments on the restoration of a disturbed coastal sage scrub habitat. Restoration Ecology 6:52-58. References 11 ENVIRON Appendix A Photographs of Existing Buffer Conditions ENVIRON 'Ma j 4. %Ai's•'„• •ter -�� _ '`� .'�i •_c ri Photo 1: Looking south from the north property line at non-native elm trees, Pacific blackberry, Himalayan blackberry, hedge bindweed, English ivy, scattered sword fern, English holly seedlings, and nettles. lit �9p � r' y' ��• - - � f•t_ r r. ._ 1 Y7 -- • f� C,�� M1 r �+ V �' t �� r _ F• t �.q�� f` : ti �f'r f �i. ' ti � '''�' s4� +� `►t �%'�' f: Y '� -. J - 41 '••- •- Title: Site Photographs Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington Date: November 27, 2012 ENVIRON Page 1 of 4 vnoto .S: LOOKmg florin Trom UUFHl dllI d Idl ye Wt7SLC1 I ICU usual at IIUI IICI UUa can aua V..1 arr 1M 1—Y seedlings, Robert's geranium, trailing blackberry, and salmonberry. 4 1 _ i'..., _• '�. ."� . .�.�"+n ^' r to Vi e i - JR. Cr. • �i _w}e. ;y ram', .. •. .` . .. [. '' a._ ..i: i-.Y.� 1� dr ,', A. i ax, 16L Photo 4: Looking north at a dense patch of honeysuckle in shade beneath western red cedar trees in the easement, which will be removed to construct the driveway. Title: Site Photographs Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington Date: November 27, 2012 ENVIRON Page 2 of 4 "1 •� �.�� •, •tea �.� .. k � s�� _ _ x • 4 ' 79. DIV 7% � � r. �.. � -x "J� .'fir ` '^ � ��. r" � i :.• - • �r- .1' .4.; - \. r1 .��:' �'�' ,may r�•.�.- Photo 6: Looking east from the southeast corner of Lot A at dense Himalayan blackberry, bentgrass, creeping buffercup, and a few swordferns within the buffer enhancement area of Wetland 2. Title: Site Photographs Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington Date: November 27, 2012 ENVIRON Page 3 of 4 16. ?3 Photo 7: Looking west at noble firs and primarily non-native grasses and forbs in the Wetland 2 buffer adjacent to the driveway. Title: Site Photographs Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington Date: November 27, 2012 ENVIRON Page 4 of 4 SITE PLAN AND LIMITED TOPOGRAPHIC SURVEY ,-E Photograph location, direction, and number y: wr '' -' '-� f.r`•s+, Y i rare-.5� I ROM WKIANA'l- I,a r71 4 00ll it ap �n,,.-.�.>,..ar� �.� «..a�w Pit .�,� ©� r I �. ✓ - SW 1/4, SW 1/A, SF.C.15,Rid C C11'Y OF FEDERAL WAY, K1 C Alb SITE PLAN & �� B AXIS T TMITED TOPOGRAPHIC SURVEY DY IG-]aJ ]I/JB/!L PIERSON DRIVEWAY " (FILE N0. 12-101079-00-K.) " •1-. zv l or z � AIL a . 40 � 4 n l s {Lyri 4�' jfi p �rw � • �.. � H �� '�F •i. .�} yr~ � yy rkA e •r •1 i t•� Photo 3: Looking north from beneath a large western red cedar at numerous elm suckers, swordfern, holly seedlings, Robert's geranium, trailing blackberry, and salmonberry- A; 414 CIO Md 01 A �. } •� ' K . �= - `� t:, ssi�t - 1 iw.y `^�:.A'4� ��1 " 7 ` • 1� ��' �' u 1 t, k Photo 4: Looking north at a dense patch of honeysuckle in deep shade beneath western red cedar trees . Title: Site Photographs Date: November 27, 2012 Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington ENVIRON Page 2 of 4 w �:� #-• }' � .�s ter• owl ,,... _ _ - � � `- . -•� SQL. _ r _ ,� , , �� - ice' V �•t�' �� f. •' ` - ak 4"i �ar ♦per � ` ` �•� � i�r � � � - � i- �+•ts- � .e ^•! L y• .# �. ��'� �• fry *. �� t � ,��'� Of I. Mxft I boll _,� M f. l Photo 7: Looking west at noble firs and primarily non-native grasses and forbs in the Wetland 2 buffer adjacent to the driveway. Title: Site Photographs Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington Date: November 27, 2012 ,-� 4 E NV I RC Page 4 of 4 4 TITLE �vA RESOURCES GUARANTY M -°-,' NY Order No.: 40109983 Limited Liability Guarantee Face Page Liability: $ 1,000.00 Charge: $ 500.00 Tax: $ 47.50 Total: $ 547.50 Guarantee No.. Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: January 23, 2013 at 8:00 A.M. `y.rr:,ey iy Title Resources Guaranty Company ExecOve Vice AroWOO Yi Ra SCCrelry '9d RECEIVE® MAR 0 S 2013 CITY OF FEDERAL WAY CDS TRGC Form No.: 3747 Limited Liability Guarantee Guarantee Conditions and Stipulations (09-12-08) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date the effective date. 2. Notice of Claire to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee, if prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be TRGC Form No.: 3747 Limited Liability Guarantee necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. TRGC Form No.: 3747 Limited Liability Guarantee Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or vvith the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to ail rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. TRGC Form No.: 3747 Limited Liability Guarantee 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 3747 Limited Liability Guarantee ' TITLE RESOURCESLimited Liability Guarantee Issued GUARANTY C O PANN Title Resources Guaranty Company Guarantee No.: SCHEDULE A Order No.: 40109983 Liability: $ 1,000.00 Charge: $ 500.00 Tax: $ 47.50 Total: $ 547.50 1. Name of Assured: Richard N. Pierson and Gail A. Pierson 2. Date of Guarantee: January 23, 2013 at 8:00 A.M. 3. The assurances referred to on the face page hereof are: a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Richard N. Pierson and Gail A. Pierson, husband and wife C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. TRGC Form No.: 3747 Limited Liability Guarantee Page 1 File No.: 40109983-800-T35 Guarantee No.: 40109983-1-E SCHEDULE A (Continued) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 614360 0657 YEAR BILLED PAID BALANCE 2013 $1,729.24 $0.00 $1,729.24 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,729.24. LEVY CODE: 1205 ASSESSED VALUE LAND: $107,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AF=TER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 614360 0450 YEAR BILLED PAID BALANCE 2013 $1,212.50 $0.00 $1,212.50 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,212.50. LEVY CODE: 1206 ASSESSED VALUE LAND: $75,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 4. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: FEDERAL WAY WATER AND SEWER RECORDED: MAY 12, 1989 RECORDING NO.: 8905120210 LATECOMER AGREEMENT BETWEEN LAKEHAVEN UTILITY DISTRICT AND THE QUADRANT CORPORATION RECORDED UNDER RECORDING NO. 20041021000099 TRGC Form No.: 3747 Limited Liability Guarantee Page 2 File No.: 40109983-800-T35 SCHEDULE A (Continued) Guarantee No.: 40109983-1-E 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM WEYERHAEUSER TIMBER COMPANY, A WASHINGTON CORPORATION, RECORDED MAY 06, 1926, UNDER RECORDING NO. 2179822, WHEREBY THE FIRST PARTY EXPRESSLY SAVES, EXCEPTS AND RESERVES OUT OF THE GRANT HEREBY MADE UNTO ITSELF, ITS SUCCESSORS AND ASSIGNS FOREVER, ALL ORES AND MINERALS OF ANY NATURE WHATSOEVER IN OR UPON SAID LANDS, INCLUDING COAL, OIL AND GAS, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LANDS FOR THE PURPOSE OF EXPLORING THE SAME FOR SUCH ORES AND MINERALS, AND FOR THE PURPOSE OF DRILLING, OPENING, DEVELOPING AND WORKING MINES AND WELLS THEREON, AND TAKING OUT AND REMOVING THEREFROM ALL SUCH ORES AND MINERALS, AND TO OCCUPY AND MAKE USE OF SO MUCH OF THE SURFACE OF SAID LAND AS MAY BE REASONABLY NECESSARY FOR SAID PURPOSE; PROVIDED THAT THE SECOND PARTY, THEIR HEIRS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS SHALL BE PAID JUST AND REASONABLE COMPENSATION FOR ANY INJURY OR DAMAGE TO THE SURFACE OF SAID LAND, TO THE CROPS OR TO THE IMPROVEMENTS THEREON BY THE EXERCISE OF ANY RIGHTS HEREIN RESERVED; BUT PROVIDED FURTHER THAT THE EXERCISE OF SUCH RIGHT BY THE FIRST PARTY SHALL NOT BE POSTPONED OR DELAYED PENDING REASONABLE EFFORTS TO AGREE UPON OR HAVE DETERMINED SUCH JUST AND REASONABLE COMPENSATION. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 7408280525. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. MATTERS SET FORTH BY SURVEY: RECORDED: MAY 22, 1997 RECORDING NO.: 9705229011 8, ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO.20050630900012. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. NOTE 1. WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: CW TITLE COLUMBIA CENTER 701 5TH AVE, 42ND FLOOR SEATTLE, WA 98104 ATTN: RECORDING DEPT. CW TITLE PRE -ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. TRGC Form No.: 3747 Limited Liability Guarantee Page 3 File No.: 40109983-800-T35 Guarantee No.: 40109983-1-E SCHEDULE A (Continued) NOTE 2: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: VACANT LAND KNOWN AS: XXXX S. 334TH ST FEDERAL WAY, WA NOTE 3: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOTS A & C KCLLA # L04L0030 REC 20050630900012 BEING A PORTION OF LOT C KCSP #674070 REC 7408280525 KING COUNTY TRGC Form No.: 3747 Limited Liability Guarantee Page 4 File No.: 40109983-800-T35 EXHIBIT A LEGAL DESCRIPTION Guarantee No.: 40109983-1-E THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOTS A AND C OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L041L0030, AS RECORDED JUNE 30, 2005 UNDER RECORDING NO. 20050630900012, BEING A PORTION OF LOT C, KING COUNTY SHORT PLAT # 674070, RECORDED AUGUST 28, 1974, UNDER RECORDING NO. 7408280525, RECORDS OF King COUNTY AUDITOR; SITUATE IN THE CITY OF Federal Way, County of King, STATE OF WASHINGTON. APN: 614360 0657, 614360 0450 TRGC Form No.: 3747 Limited Liability Guarantee Page 5 CIT Federal Way 4illkk� MASTER:AND USE APPLICATION TiVIENT OF COMMUNITY DFYELOPMENT SERVICES R � �E� 33325 8'h Avenue South Federal Way, WA 98003-6325 MAR 0 8 2013 253-835-2607; Fax 253-835-2609 AYyw. ci tvof'Federalwavcom O �'OF FEDERAL WAY CDS APPLICATION NO(S) r' Date M 6AG if._ 2— 0 Project Name I 1 e— Y' S 6u1 tJ fl 10 e-\AJ C- Property Address/Location r3 + ' Fe d era � W a U Parcel Numbers) Project Description _ (bW 5 4Y "4 s RtA 4--p A C C e s S TuI4 &511 >ett4tu I Z 015 r1Lr Aar Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) �r Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information Si►�p �-� �� x� Zoning Designation ■ (v Comprehensive Plan Designation Value of Existing Improvements -70g QOU . Value of Proposed Improvements International Building Code (IBC): occupancy Type Construction Type Applicant �7 Name: �[ c •� r i' i -C Y' $ a V1 Jr Address: D" +, �' j 3 �J G tl City/State: Fed t'Y+r � W't y ► zip: g 860 1 - 7_ 7 � Phone: 2 3 Fax: — ►+•� 1V Email: C r.Lb Y'1�7 l 4,� 1 �C+ Signature: JDL 1 Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner / p1 Name: R ' I IV. ^v `` .6 S u+1 336t'��- Address: �,�� (p �� City/Siaie: Fe �e v�a f , Zip: g 600 1 .. Phone: 2 2 5_3.� pS �7I Fax: q _ v1, Email: fCoVc0 Fo Ye e-. s4e r 60 , S N' a oA4 Si atu � n Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application RECEWED BY COMMU14ITY DEVELOPMENT DEPARTMENT April 6, 2013 APR 4 9 2013 City of Federal Way Department of Community and Economic Development 33525 86 Ave. South Federal Way, Washington 9800.1 Re: Project: Pierson Driveway File: #13-101108 We have no objection to the above project. We do have the following concern about the drainage. The drainage from that property flows under 334 h street and under the property directly across the street exiting onto our property 3718 So 334t' street and then flows several hundred feet in a hand made concrete channel exiting into North Lake. This concrete channel has been there for many years and is maintained by us as a landscape feature. We do the repairs, maintenance and clean the channel of dirt and debris frequently in the winter time. The channel flows often in the winter time. Our concern is the volume of water at times in the winter could overwhelm this channel in the winter. We would like to be assured there will be sufficient controls retaining excess storm water flow and silt provided in this development. I know from experience this can be done without a great deal of expense. Don Vandenheuvel 253-927-4829 3718 So 33e Street Federal Way, Washington Pierson Wetland Delineation King County, Washington Prepared for Mr, Dick Pierson King County, Washington March 11, 2005 2005-001 Prepared by ECOLOGICAL SOLUTIONS, INC. 4013 32nd Ave. W, Seat#le, WA 98199 ecol ogicalsolutions@seanet com (2001285-3015 Scott Luphessa Certified Ecologist, M.S. CONTENTS Page INTRODUCTION 2 Site Condition's 4 METHODS 5 RESULTS 6 Broad-leaved Deciduous Forest 6 Broad-leaved Deciduous Shrub 9 Evergreen Forest 12 Wetland and Stream Functions 12 Potential Impacts of Proposed BLA 13 CONCLUSIONS 14 Limitations 14 REFERENCES 15 FIGURES 1 Site vicinity map 3 2 Surveyed wetland boundaries 9 TABLES 1 Summary of wetland determination data and classifications I I APPENDIX A METHODS APPENDIX B DATA FORMS APPENDIX C SITE PHOTOGRAPHS APPENDIX D OFFSITE WETLANDS Ecological Solutions March 11, 2005 2005-001 INTRODUCTION At your request, Ecological Solutions has completed a jurisdictional wetland determination of your property located in unincorporated King County, Wasl}Ington (Figure 1). This property is located in the SW % of the SW'/4 of Section 15, Township 21 North, Range 4 East, Willamette Meridian. The property consists of four tax parcels (614360-0650; 614360-0657; 614360-0450; and 614360-0451). Your existing house and septic drainfield are located on lot 614360-0650, which is 0.76 acre. As you are aware, a wetland reconnaissance was conducted by me on this site in February 1996. My preliminary wetland determination at that.time was that there were two forested wetlands, one on parcel 614360-0657 and another on the two, smaller, northerly parcels (614360-0450 & 614360- 0451). These conclusions were drawn primarily on observations of only one of the required three jurisdictional parameters, hydrophytic vegetation. The purpose of this current investigation was to delineate the boundaries of any jurisdictional wetlands to assist with your boundary line adjustment (Application No. L04L0030), which was submitted to King County in 2004 before the revisions to the Critical Areas Ordinance were adopted. As part of this study, Ecological Solutions examined the proposed boundary line adjustment (BLA) and correspondence from King County to help determine what BLA would be likely to result in the least impact to existing sensitive areas (wetlands and streams). A copy of Mr. Greg Poels' response to your initial proposed boundary line adjustment (BLA) dated May 19, 2004 was provided and reviewed. Mr. Poels' letter dated December 28, 2004 and addressed to you notes that there are no wetlands on the parcel upon which your existing house is located. He also indicated there were two Class 3 streams and a forested wetland complex associated with a stream. - These sensitive areas are found within the eastern third of the site (i.e., on parcels 614360- 0657; 614360-0450; and 614360-0451). Mr. Poels indicated that the ditch on the "panhandle" (parcels 614360-0450; and 614360-0451), which conveys intermittent flows through a concrete pipe beneath South 334t` Street, was a Class 3 stream and estimated about 75% of the remainder of the panhandle area was forested wetland. He also noted that an assessment on the potential BLA can only be made after the wetland boundaries have been delineated and verified. Ecological Solutions agrees with Mr. Poels' assessment that sensitive areas are confined to the eastern third of the site. Sampling completed for this investigation focused on these areas. Although no sample plots were established in more westerly portions of parcel 614360-0657, hand auger borings completed in this area confirmed Alderwood gravelly sandy loam soils (a nonhydric soil) were present and these areas were upland forest. In addition, there were no positive indicators of wetland hydrology observed in more westerly areas. Ecological Solutions 2 2005-001 March 11, 2005 Site Conditions It is clear that there have been some hydrological, soil, and vegetation alterations to the site from historic and existing land use, particularly logging and more recent development. These have contributed to more rapid delivery of water from developed areas to the west and east to the series of shallow depressions on the site. The unusual and irregular topographic shape of the depressions that have developed wetland vegetation (see surveyed wetland boundaries and Appendix B soil horizon data) suggest that existing wetlands may have developed at least in part from historic logging activities. Topographic alterations, including apparently excavated drainages and alteration to soil structure appear to have altered the hydrology, including the frequency, duration, and timing of inundation. A ditch excavated in the deciduous forest in the northern panhandle portion carries surface water north through a concrete pipe. This has been identified as an intermittent stream by the county as noted above. After several days of heavy precipitation, water levels in portions of the ditch changed noticeably. On January 18, following more than 2.4 inches of rain over the previous 24 hours. (as recorded at Sea-Tac International Airport), there was some surface water towards the north end of the ditch and a trickle of water flowing through the concrete culvert beneath S 334h Street. Though there was saturation to the surface and water at a depth of about 2 to 3 inches below the ground surface in the ditch, there was no surface water in the southern two-thirds of this feature. After approximately another 0.9 inch of rain on January 18 (as recorded at Sea-Tac), approximately 2 to 3 inches of water was observed in the southern portion of the ditch and the flow through the culvert was similar to the day before. Higher flow rates, at least at observed water levels, appear to be prevented by the irregular topography in the ditch, which causes any surface water to have to filter through accumulated leaf and fine woody debris. Based on observations made in 1996 as well as Mr. Pgels' more recent observations, it is clear that surface water flows from this drainage north into Nao Lake are intermittent. Most. of the site appears to drain south towards Lake Killarney (see Figure 1) through a series of shallow depressions some of which are connected by narrow channels and swale-like drainages. Some turbid water was observed in offsite depressions near the eastern boundary of the site and delineated wetlands possibly from recently clearing on Quadrant's East Campus South Residential development to the east. Approximately half to more than a foot of inundation was observed in the most northerly depression. A narrow (<1 foot), ditch -like channel. appears to have been excavated in uplands in between two wetlands (Wetlands 2 and 3) on the eastern portion of the site in an attempt to help drain these features. However, there is no apparent connection to the northern wetland or evidence of surface water flow between this wetland and the wetland/stream complex that conveys surface water off this site to the south. Other drainage alterations likewise are apparent in the two more southerly wetlands. There are a couple of cuts (channels) in the central wetland (Wetland 2). One is a linear feature about four feet wide in approximately level ground that may have connected two separate depressional #reas and been an attempt to drain these areas. A small channo. near the south end of this wetland was observed to carry flows into a small grass -lined, sw4T%like drainage near the southeast corner of the site. On January 18 the wetted width of this channek,. \yhich connects the more central wetland Ecological Solutions March 11, 2005 2005-001 (Wetland 2) to the wetland that is predominantly offsite to the south (Wetland 1), were flagged. Flow through this cut/swale-like channel was estimated to be about 0.25 cubic feet per second on January 19. This was about half the flow observed on January 18. There was no flow more recently on March 10. In addition, there is a ditch that joins Wetland 1. This ditch reportedly picks up stormwater runoff from recent residential development to the west of the site. At the -time of this investigation water_ was observed flowing from the concrete pipe beneath the existing driveway (near Photograph 1 in Appendix C). This water was conveyed directly to the wetland in the southeast corner of the site. Most of this wetland is off site on the adjacent properties to the south and east. Offsite portions of this and the other two wetlands on the site were delineated by Talasaea Consultants (Talasaea) as part of Quadrant's East Campus project. Talasaea identified five separate lobes of Wetland B and likewise concluded that these wetlands were hydrologically connected by ditches. Drainage from Wetland B reportedly travels through a ditch lacking contiguous hydric soils to a larger forested wetland offsite that was identified by Talasaea as Wetland C (Appendix D). Neither the King County Wetland Inventory or the National Wetland Inventory (Poverty Bay Que 1987) maps covering this area identify any wetlands on the site. METHODS Ecological Solutions' used the Routine Determination method described in the Washington State Wetlands Identification and Delineation Manual (Ecology 1997) to determine whether any wetlands exist on the eastern third of the site. Sample plots were established in representative vegetation types in.topographic depressions and adjacent areas that were slightly higher. A more detailed discussion on the methods used to determine the presence or absence of each wetland criterion is presented in Appendix A. A total of eight sample plots (SP-1, SP-2, SP-3 through SP-8) were established by ]logical Solutions in the various vegetation cover types observed on the site. The predominant vegetation cover type consists of early successional broad-leaved deciduous forest associations daininated by red alder (Alnus rubra) or a combination of red alder and black cottonwood (Populus i3•alsamifera ssp. Trichocarpa). Six sample plots (SP-1 through SP-6) were established in variants of this broad-leaved deciduous forest type or red alder association. One sample plot (SP-8) was established in a small stand of mature western red cedar (Thuja plicata). The last sample plot (SP-7) was established in one of the topographic depressions, which is covered by a deciduous shrub - dominated vegetation types or shrub association. All sample plots were marked with white flagging labeled SP-1, SP-2, SP-3 and so on. In addition to test pits, soils were examined with hand auger borings, particularly in areas with gradual elevation gradients where wetland boundaries were determined by presence of hydric soils and wetland hydrology rather than hydrophytic vegetation, which is present throughout most of the study area. All sample plot data were recorded on Routine Determination forms (Attachment B). Photographs of wetland and upland vegetation types are included in Appendix C. The aerial photo shown on the cover of this report taken in 2002 and downloaded from the King County iMap website Ecological Solutions 5 March 11, 2005 2005-001 (http://www.metrokc.gov/gis/mapportal/iMAP—Main.htm) also shows the vegetation cover types on the four parcels. RESULTS The vegetation, hydrology, and soils observed in each of the vegetation. cover types are described in this section. For the deciduous forest cover type (red alder association), these are subdivided into wetland and upland. As noted above, most of the study area along the eastern third of the. site is characterized by the various broad-leaved deciduous forest cover types composed predominantly of red alder or a mixture of red alder and black cottonwood. Stand age and cover is variable but primarily even aged. Canopy cover ranges from more or less closed with relatively well developed understory associations of native plants to more open will lawn -like or more poorly developed understory associations consisting of a mixture of native and non-native plants. As shown in the site photographs, much of the red alder is mature with the exception being the younger -aged stand in the panhandle portion of the site. The other, more minor cover types sampled included a mature western red cedar type in the panhandle and a deciduous shrub -dominated association found in the depressional areas. Broad-leaved Deciduous Forest Of the.six sample plots established in the red alder associations, one sample plot (SP-1) met all three jurisdictional wetland parareters and the five others met one or fewer of the required parameters. While most of the red alder associations sampled met the hydrophytic (wetland) vegetation criterion), most did not meet the wetland hydrology or hydric soils criteria. As described in the following sections, there were clear patterns in the hydrology and soils between the wetland and upland deciduous forest types in this cover type. Wetland Type Only the sample plot (SP-1) established near the southeast corner of the site is a wetland cover type. Red alder, salmonberry (Rubus spectabilis), and sword fern (Polystichum munitum) were the dominant species. Cascara (Rhamnus purshiana), western red cedar, and Himalayan blackberry (Rubus discolor) also were present. Because more than 50% of the dominant plants had facultative (FAC) wetland indicator statusq;k the hydrophytic vegetation criterion was met. Off site to the south, there appears to have beefi�recent restoration or possibly compensatory mitigation done within this wetland. Slough sedge (Car -ex obnupta) was observed in areas containing more and deeper surface water. The sample plot is located near the head of a shallow depression close to the S 336th Street right-of- way. At the time of this investigation there was approximately 0.5 inch of standing water where the soils were examined. More than a foot of standing water was observed in deeper portions of the depression to the south near the property corner. Wetland drainage patterns, water marks, drift lines, Ecological Solutions 6 2005-001 March 11, 2005 sediment deposits, and water -stained leaves also were observed in this location. Saturation to the surface, inundation, and several other positive indicators of wetland hydrology were present. Soils, though technically hydric, were transitional and exhibited characteristics of more upland areas. Because of the inundation and saturation, soils were sampled with a hand auger. The surface horizon consisted of approximately 12 inches of very dark gray (IOYR 3/1) gravelly sandy loam. Beneath this, the B horizon from 12 to more than 16 inches was a dark grayish brown (1 OYR 4/2) to grayish brown (IOYR 5/2) sandy loam. Because the low chroma in the surface horizon extended to a depth of more than 10 inches, the hydric soil criterion was met. The apparent absence of redoximorphic features in the subsurface horizon suggests that there is not prolonged saturation or inundation and thus soils are more upland like in this regard. This is not unexpected considering that -the surface topography is approximately a foot higher than lower -lying portions of the depressionand the upland boundary is nearby (Figure 2). This association is part of Wetland 1, most of which is offsite to the south. The on site portion of the delineated wetland includes the lower end of the ditch that begins at the outlet of the pipe beneath the Pierson's existing driveway. The total area of all of the wetlands, including the offsite portion delineated by Talasaea is estimated to be no more than perhaps 22,000 square feet (-0.5 acre). Per King County's old sensitive areas code (KCC 21A.24), forested wetlands would be considered Class 2 systems, which typically require a 50-foot buffer. Buffer averaging also may be allowed subject to applicable provisions, which include having the same total amount of wetland buffer on the site compared to pre-BLA conditions. Upland Type Five sample plots (SP-2 through SP-6) were considered upland red alder or broad-leaved deciduous cover types. Two variants of this cover type were observed and distinguished based on canopy cover: more or less open and more closed. This cover type tends to be located on ground that is a foot or more above the ground surface in the adjacent topographic depressions where wetlands are located. Red alder and black cottonwood are the dominant trees, but there is also scattered western red cedar present. Although there are a few mature specimens of western red cedar, most are sapling or pole - sized specimens. SP-2 and SP-3 are examples of a more open canopy type beneath which are managed understory associations that are lawn like. Trees are rooted on adjacent hummocks and the dominant species in these areas included red alder, black cottonwood, salmonberry, Himalayan blackberry, creeping buttercup (Ranunculus repens), and colonial bentgrass (Agrostis capillaris). The more closed canopy association (SP-4, SP-5, and SP-6) had similar understory dominants. Other dominants sometimes observed beneath the more closed canopy included vine maple (Ater circinatum), sword fern, and Robert's geranium (Geranium robertianum). Except for SP-5, more than 50% of the dominant plants in this association contained species with FAC or FAC+ wetland indicator statuses and the vegetation was considered hydrophytic. Species with FACU and UPL indicator statuses are common suggesting that the soils are relatively well drained. Not surprisingly considering the higher topographic position where this upland type is found, strong indicators of wetland hydrology are absent. Despite more than 2.5 to 3.5 inches of precipitation over Ecological Solutions 7 2005-001 March 11, 2005 the three days immediately preceding the site investigation, depth to standing water in the test pits was six or more inches below the surface after more than five minutes. In addition, the many other indicators of wetland hydrology present in the wetland type; including water marks, drift lines, drainage patterns, and water stained leaves were absent. Except for SP-2 and SP-3, which were located in lower -lying areas near the channel connecting Wetland 1 and Wetland 2, depth to saturated soils also was more than six inches. Although saturation to the surface was observed to the surface in SP-1 and SP-3, this was a reflection of the recent heavy precipitation and proximity to the intermittent channel, topographic position, and very porous nature of the gravelly sandy loam soils. Although saturation to the surface was observed in SP-2 and SP-3, the structure, texture, and color of soils and lack of other positive indicators the conclusion was that it is very unlikely wetland hydrology is present fot sufficient duration (at least 30 consecutive days) to meet the wetland hydrology criterion in any of these areas. As noted above, soil structure, texture, and color are indicative of nonhydric soils. Except for SP-6, the soils in both the more open and more closed variants of this cover type closely resembled an Alderwood gravelly sandy loam, which is the map unit identified for the site (Snyder et al., 1973). The soils in SP-6 also resembled the mapped Alderwood gravelly sandy loam type but were slightly different than the others containing a loam texture and a different B horizon. The thickness of the surface horizon was somewhat variable consisting of five to eight inches of very dark grayish brown (IOYR 3/2) gravelly sandy loam. Beneath this was a subsurface horizon of brown (10YR 4/3) to dark yellowish brown (lOYR 4/4) very gravelly,.gravelly, or sandy loam to a depth of more than 16 inches. There were no redoximorphic features (e.g., mottles, soft masses, or concretions). Alderwood gravelly sandy loam is a nonhydric soil. The profile of SP-6 included a B 1 and B3 horizon.. The B 1 horizon consisted of a very dark brown (1 OYR 2/2) loam from about 6 to 12 inches. A B3 horizon of dark grayish brown (2.5Y 4/2) to olive brown (2.5Y 4/3) subtended this from 12 to more than 16 inches. Medium-sized, distinct, yellowish brown (IOYR 5/6) mottles were common in this lowermost horizon in SP-6. Mottles in the B3 horizon were below 12 inches. In addition, soils appear to be effectively drained by the nearby ditch and the mottles may be relicts. At any rate, mottles below a depth of 12 inches in the third horizon do not meet the hydric soil criterion. Although the hydrophytic vegetation criterion was met in some of the sample plots, none had clear positive indicators of wetland hydrology or hydric soils. Because all three parameters were not met, all of the sampled open and more closed canopy variants of this red alder association were considered upland. Broad-leaved Deciduous Shrub Broad-leaved deciduous shrub associations are found in Wetland 2 and Wetland 3. SP-7 is representative of this cover type in Wetland 3. Although trees cover about 50% of the sample plot, these are typically rooted at or upslope of the wetland boundary. However, the canopy extends out over the small depression where the shrub association is found. Except in the deepest seasonally inundated areas, shrub cover is relatively dense and composed almost entirely of spiraea (Spiraea douglasii) and salmonberry. All of the dominant plants have FAC or wetter indicator statuses and the vegetation is hydrophytic. Ecological Solutions 8 2005=001 March 11, 2005 - �;�'� STONE MON FD. F in 1:IN SHORT PLAT REG UNDER A.F.7408 iwl— REPLACED. BY _9 -q : z MON PER ROS- R UNDER A.F.97052 50' 100' 150' �!g N!4D d 3 LOT E MERIDIAN USED FOR THIS SURVEY IS BASED ON THE M C 'vi_ IG COUNTY GPS CONTROL -SURVEY VALUES AS VERIFIED 4' J i a, * a 55W Sjp WEEN THE HALUN & ASSOCIATES BASE STATION MA1 & `+� KING COUNTY REFERENCE. STATION 6951. HA1 WAS w Qr� r- OUSLY ESTABLISHED INDEPENDENTLY FROM NGS AND f Z DOT STATE GPS CONTROL STATIONS. THE RESULTING 3 RIDIAN IS NAD 83-91. I. i �i, ------LEGEND NN N INGRESS/EGR3ET 1/2' )C 24' RNEBAR i -TH PLASTIC JDENTIFI CATION . f ,AP UNLESS OTHERWISE NOTED. . 30' I 1 GuLVpT EP2A5 Aqq AA5 S 26AM: BUFFER DlAA4 1 13 �I3 D2 �p-r::D8 • -A I .lJD9 D10 :� Dll 1 w �� ST'REAIh BUFFER I • N I f��RO :1o.GD' I '02'59" W 30' M I3 ESM FD. I 1 UNDER AaN PER ROS RECORDED o PER SAQL9705229011, ALSO FO. RECORD D BY KING COUNTY a : & 1 " I m CONTROLA HELD THE COUNTY 30 I 30 AS90CIAT POSITION FOR THIS Z NAD 83—! SURVEY. NOTES ANTS COVENANTS 1. LOTS C dt D SHALL NOT HA'E,S TRICTI O N S 334TH STREET. i 1 1 lei �7 2. LOTS A. 8, C AND 0 SHALL OR CONNECTION CHARGES BY FEDERAL WAY WATER do SEA SOUTH 336TH STREET.. ADER . A.F ;8905120210. ) RESERVATIONS REGARDING OIL, GAS, COAI.,ETC. AS REC{ 3. THE SURVEY INSTUMENTAT1OI822, SURVEY WAS A LEICA TCRA, CONDITIONS, RESTRICTIONS. RESERVATIONS .AND EASEMFJ & ASHTEC SINGLE FRE4UENSHORT PLAT RECORDED UNDER A.F.7408280525. RESULTING POSITIONS MILLI ICE AGREEMENT WITH WATER DISTRICT #124 AS RECORDED OF WAC-332-130-090. C0408O384. MAY. 2004 do F'EBRUARY, 21 ED Table 1. Summary of wetland determination data and wetland classifications. Sample Plot Vegetation Hydrology Soils Wetland Determination/ Classification' King County Buffer 1 Hydrophytic Yes Hydric PFO1C (Wetland 1) 50 feet mineral Class 2 2 Hydrophytic No Nonhydric Upland Deciduous mineral Forest 3 Hydrophytic No Nonhydric Upland Deciduous mineral Forest 4 Hydrophytic No Nonhydric Upland Deciduous mineral Forest 5 Non- No Nonhydric Upland Deciduous hydrophytic mineral Forest 6 Hydrophytic No Nonhydric Upland Deciduous mineral Forest 7 Hydrophytic Yes Hydric PSS/FO1C (Wetland 3) 2 50 feet mineral Class 2 8 Non- Yes Nonhydric Upland Evergreen hydro hytic mineral Forest Wetland classification follows Cowardin et al. 1979. King County rating per KCC 21A.24 Z Wetland 2 and Wetland 3 are very similar in vegetation structure consisting primarily of scrub -shrub vegetation. Most trees are located on the margins and appear to be rooted outside of the wetlands; it seems unlikely that there is 30% cover of trees rooted in these wetlands. Multiple positive indicators of wetland hydrology were observed in the depression where the sample plot was established. In addition to inundation, there are water marks, drift lines, sediment deposits, and water stained leaves. Therefore, the wetland hydrology criterion was met. Soils could not be precisely catalogued because of the amount of inundation, which caused caving of the test pit. Instead a hand auger was used. The surface horizon to a depth of approximately 10 inches consisted of a very dark gray (10YR 3/1) silt loam with common, medium to coarse, and distinct yellow (1 OYR 7/6) and dark yellowish brown (1 OYR 3/4) mottles. Below this was a very dark brown (1 OYR 2/2) sandy loam. Common, medium to coarse, and distinct yellow and dark yellowish brown mottles also were present in the subsurface horizon. The thickness of this layer is uncertain. It appears that these depressions may have been created by excavation of the surface soils. Nonetheless, sub. soils with a chroma of 2 and mottles are considered hydric. Since all three parameters were met, this is a scrub -shrub wetland vegetation class. Although it is appears unlikely that deciduous trees rooted in the wetland form at least 30% areal cover, this wetland (Wetland 3) as well as Wetland 3 were classified as PSS/FO1C using the U.S. Fish and Wildlife Service's classification system. The shrub association in Wetland 2 includes arborescent specimens of vine maple (Acer circinatum). Ecological Solutions 10 2005-001 March 11, 2005 Evergreen Forest The last sample plot (SP-8) was established in a low-lying area within a small stand of mature western red cedar to the north of the ditch on the north part of the site. This association contained a mixture of native and non-native and invasive plants. Dominant plants were western red cedar, a tree tentatively identified as some sort of plum (Prunus sp.), salmonberry, Himalayan blackberry, evergreen blackberry, Robert's geranium, and common periwinkle (Vinca minor). Because only 33% of the dominants had FAC or FAC+ wetland indicator statuses, the vegetation is non-hydrophytic. Because of the recent heavy rainfall, the soil was saturated at a depth of 8 inches, and there was standing water in the test pit at 10 inches. Other that the saturation, there were no other positive indicators of wetland hydrology. The surface topography is at least a foot higher than the bottom of the adjacent ditch. It is assumed that observed saturation does not persist to the surface for sufficient duration (30 consecutive days) to meet the wetland hydrology criterion. The predominantly FACU and UPL plants supports this assumption. J Soils beneath the mature trees contain a surface horizon of black (1 OYR 2/1) loam. This layer is approximately twelve inches thick and appears to contain a lot of organic matter. The B horizon consists of more than 4 inches of dark grayish brown (I OYR 4/2) to olive brown (1 OYR 4/3) gravelly sandy loam. There are few to common, fine to medium, and distinct yellowish brown (1 OYR 5/6) mottles in the subsurface horizon. A matrix with a chroma of 1 immediately below the A horizon or at 10 inches, whichever is less, is a positive indicator of hydric soil. Because only one of the three parameters was met, this cover type is upland forest. Hydrophytic vegetation and wetland hydrology are lacking. Stream Classification As noted by Senior Ecologist Greg Poels, there appear to be two streams on the site. A ditch that appears to have been excavated on the northern -most portion of the site carries intermittent flow northward to North Lake. A second, intermittent drainage connects Wetland 1 and Wetland 2 and carries seasonal flows southward towards Lake Killarney. This swale-like drainage, which is covered by grasses, is demarcated in Figure 2 by flags AA7 through AA11 and B1 through B5. There is no contiguous hydric soil connecting the two wetlands. Although it is unclear whether the ditch and swale-like drainage meet the county's definition of Class 3 streams, Ecological Solutions concurs with Mr. Poels that these intermittent drainages do not provide fish habitat. Because they are intermittent and do not support salmonids, they have been considered Class 3 streams. As noted in Mr. Poels' letter, Class 3 streams typically require a 25-foot buffer. Wetland and Stream Functions Wetlands on the site appear to provide low to moderate levels of all functions. Although adjacent upland forests are becoming increasing fragmented because of increasing development, the mature Ecological Solutions 11 2005-001 March 11, 2005 upland forest vegetation east of the site together with the structure of wetland vegetation and proximity of the wetlands to one another appear to provide moderate habitat for small mammals, birds, amphibians, and reptiles. Hydrologic and water quality functions appear to be relatively low considering landscape position, small size of the wetlands, isolation (Wetland 3 only), and limited opportunity to remove pollutants. As the uplands areas around these wetlands continue to be developed, it appears that the hydrologic support functions of these interconnected wetlands and streams are being diminished. Potential Impacts of Proposed BLA The BLA will not have any direct impacts to any sensitive areas, but could potentially contribute to indirect impacts : n the h.ti:l v, depending on where an casement is located. indiiect impacts may arise from removal of adjacent buffers. Although there does not appear to be any surface water runoff through existing buffers to the wetlands, selection of an access route (north vs. south) could encroach on existing buffers of both wetlands and the intermittent stream on the northern part of the site. The existing buffer along the west side of existing Lots A and B is a mixture of non-native, invasive, and native plants. Much of the vegetation consists of an early seral pioneer, deciduous red alder association. Immature red alder generally forms the canopy beneath which is salmonberry, Himalayan blackberry, evergreen blackberry (Rubus laciniatus), stinging nettle (Urtica dioica), and hedge bindweed (Convolvulus sepium) [see the right side of Photograph 9 in Appendix C]. The southern part of a northern access road alignment includes a small stand of mature western red cedar. As shown on Figure 2, the width between the stream buffer and northern property boundary is less than 20 feet in a couple of places. Thus some buffer encroachment would be likely. In addition, it is likely that at least a couple of the five mature red cedar be removed to construct an access road from S 334t' St. Assuming a southerly access could be located between the existing raised beds and mixed deciduous and coniferous forest (see Photograph 2 in -Appendix C), there may be fewer habitat impacts and no buffer encroachment. Depending on the location and configuration of a south access road, it is likely that the mature black cottonwood. trees and some pole -sized conifers would be removed to construct the new road (see Photographs 3 and 5 in Appendix Q. In addition, a south access would reduce the value of the existing residence by reducing privacy. Although the south access may not encroach on sensitive area buffers, neither a north or a south access appears likely to have adverse affects on existing sensitive area functions. There is a similar level of.habitat fragmentation adjacent to both the wetlands and the northern stream (ditch). So, even with some potential minor encroachment on the stream buffer with a north access route, it seems unlikely that the apparently low level of function would be changed. By contrast, the existing lot layout, if developed would likely have both direct and indirect impacts on both Wetland 3 and the Class 3 stream. This assumes that some sort of single family residence could be permitted through a reasonable use exception process because the two northerly lots are legal lots. Ecological Solutions 12 2005-001 March 11, 2005 CONCLUSIONS . j There are portions of three wetlands on the site. All of the wetlands appear to be Category 2, which typically require a 50-foot buffer. A drainage Swale joins Wetland 1 in the southeast corner with Wetland 2. Intermittent flows from these appear to provide hydrologic support to a series of wetlands { to the south (see Appendix D). Wetland 3 is an isolated wetland, which is just south of proposed Lot C. The buffer of the Class 3 stream (ditch) on the north portion of the site overlaps a portion of the f buffer of Wetland 3. The unvegetated ditch carries intermittent flows to North Lake. The proposed BLA would result in a lot configuration that would likely reduce potential future development impacts on sensitive areas and their buffers. Limitations Work for this project was performed in accordance with generally accepted professional practices for the nature and conditions of the work completed in the same or similar localities, at the time the work was performed. It is intended for the exclusive use of Mr. Dick Pierson as it pertains to the referenced property. All findings with respect to sensitive areas determinations, classifications, and buffer requirements are preliminary and subject to verification by. all appropriate regulatory agencies, including King County. Wetland and stream classifications are interpretations of existing codes based on review of those codes and past experience. King County DDES makes the final decisions and are the ultimate authority on all code interpretations within their jurisdiction. No other warranty, express or implied, is made. Ecological Solutions 13 2005-001 March 11, 2005 REFERENCES Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. US Fish and Wildlife Service, Office of Biological Services, Publication FWS/OB S-79/3 1, Washington, DC Ecology (see Washiugtoii State Department of Ecology) Snyder, D.E., P.S. Gale, and RX. Pringle. 1973. Soil Survey: King County Area, Washington. U.S. Department of Agriculture, Soil Conservation Service, U.S. Government Printing Office, Washington, D.C. Washington State Department of Ecology (Ecology). 1997. Washington State Wetlands Identification and Delineation Manual. Publication No. 96-94, Olympia. Available online at ht!p://www.cey.wa.v-ov/biblio/9694.htm]. Ecological Solutions 14 2005-001 March 11, 2005 APPENDIXA METHODS METHODS OF DETERMINING WETLAND CHARACTERISTICS- AND CLASSIFICATION WETLAND CHARACTERISTICS Unless an area is a problem area or atypical situation, the Washington State Department of Ecology (Ecology 1997) and the U.S. Army Corps of Engineers (Corps 1987) require that the following three 'characteristics be present for an area to be identified as a wetland: (1) hydrophytic vegetation, (2) hydric soil, and (3) wetland hydrology. The following subsections detail the methods used to determine whether these characteristics are present on site. Hydrophytic Vegetation To determine whether an area has hydrophytic vegetation, the dominant plant species in each representative plant community are identified. Ecological Solutions uses the method described in the 1989 Federal Manual for Wetland Identifying and Delineating Jurisdictional Wetlands (FICWD 1989) to determine the dominant plants in each stratum (tree, shrub, herb). Dominant plants are those species with percent cover values that, when ranked in descending order of abundance and cumulatively totaled, immediately exceed 50 percent of the dominance threshold number, plus any additional species with cover values comprising 20 percent or more of the sum of the midpoints for a given stratum. The dominance threshold number is equal to 50 percent of the sum of the midpoints for a given stratum. Cover classes (and midpoints) are as follows: T = <1 percent (none), 1 to 5 percent (3), 6 to 15 percent (10.5), 16 to 25 percent (20.5), 26 to 50 percent (38), 51 to 75 percent (63), 76 to 95 percent (85.5), and 95 to 100 percent (98). Reed (1988) and Reed et al. (1993) have evaluated many plant species common in western Washington, and have assigned a wetland indicator status to each based on the species' probability of occurring in wetlands (Table 1). A plant community dominated by species commonly found in wetlands (OBL, FACW, and FAC) meets the criteria for hydrophytic vegetation. Table 1 Key to wetland indicator status. Code Wetland Indicator Status Probability of Occurrence in Wetland OBL Obligate wetland species >99 percent FACW Facultative wet 67 to 99 percent FAC Facultative 34 to 66 percent FACU Facultative upland 1 to 33 percent UPI, Obligate upland <1 percent A plus (+) sign or minus (-) sign is used with the facultative indicator categories to more specifically define the regional frequency of occurrence in wetlands. The + indicates a more frequent occurrence. Ecological Solutions A-1 2005-001 March 11, 2005 Hydric Soft To determine whether an area has hydric soil, test pits are dug and the soil color and other characteristics are examined. Soil in which any of the following indicators is present meets the criteria for hydric soil: • Low-chroma matrix. Soil with a low-chroma matrix typically develops when mineral soil is saturated or inundated for sufficient periods of.time to result in anaerobic (oxygen -less) conditions. j Anaerobic conditions cause elements common in soil, particularly iron compounds, to exist in reduced forms that -are usuallyy bluish, greenish, or grayish in color. Soil colors are determined using A Munsell color chart (Kollmorgen 1995), which uses abbreviations to describe colors; e.g., IOYR I 2/1. In the abbreviation, the last number indicates the chroma; a chroma of 1 (without mottles) or 2 (with mottles) in the subsurface horizon are positive indicators of hydric soils. Soils with a matrix chroma of 2 without mottles or redoximorphic features are usually not considered hydric. • Mottles or redoximorphic features. In seasonally saturated wetlands, fluctuating water levels can trap air bubbles in the soil. The air pockets allow magnesium and iron compounds in the soil to oxidize, forming rust -colored mottles (spots or blotches). Mottles found in soil with a matrix chroma of 2 or less often indicate the soil is hydric. , • Accumulation of organic matter. Organic soils form under anaerobic conditions that contribute to .low decomposition rates. These low decomposition rates result in the accumulation of organic matter. Organic content is considered high if the soil is composed of more than 20 to 30 percent (range fluctuates depending upon other soil characters) organic material by weight in the upper 32 inches of the soil profile. • Other hydric indicators. Other positive indicators of hydric soils include histic epipedons, sulfide or "rotten egg" odor, aquic or peraquic moisture regimes, presence of soils listed as hydric soils, and presence of iron or manganese concretions. Other indicators as specified by Ecology (1997) also are used to determine the presence or absence of hydric soils. Wetland Hydrology To determine whether an area has wetland hydrology, the area is examined for inundation, soil saturation, or shallow groundwater tables, and other hydrologic indicators. In the Puget Sound region of western Washington, an area in which soils are saturated to the surface for at least 12.5 percent of the growing season (30 days) meets the criterion for wetland hydrology. However, seasonal changes in water levels and antecedent conditions must be considered when an area's hydrology is evaluated. When wetland hydrology is not present at the time of the site visit, it can be inferred from the presence of any of the following hydrologic indicators: watermarks on vegetation, drift lines, sediment deposits, water -stained leaves, surface -scoured areas, wetland drainage patterns, or oxidized Ecological Solutions A-2 2005-001 March 11, 2005 root channels. However, as noted in the Washington Wetlands Identification and Delineation Manual (Ecology 1997), not all indicators are given the same weight and some are more reliable indicators than others. Presence of hydrophytic vegetation and hydric soils also are strong indicators that wetland hydrology -is likelypresent. Classification Wetlands are classified according to Classification of Wetlands and Deepwater Habitats of the United States (Cowardin et al. -1979). Under the Cowardin classification scheme, wetlands and deepwater habitats are grouped into systems based on shared hydrologic factors. The systems described in Cowardin et al. (1979) are palustrine, marine, estuarine, riverine, and lcustrine. The palustrine system includes all non -tidal wetlands dominated by trees, shrubs, persistent emergents; mosses and lichens, and all such wetlands that occur in tidal areas where the salinity due to ocean -derived salts is below 5 parts per thousand. Wetlands included in the palustrine system are those commonly referred to as marshes, swamps, bogs, fens, prairies, seeps, and intermittent ponds. Palustrine wetlands are divided into classes by the dominant vegetation: Forested wetlands are dominated by trees greater than approximately 20 feet tall .with 30 percent cover, scrub -shrub wetlands are dominated by woody shrubs, and emergent wetlands are dominated by non -woody plants. Other common palustrine wetland classes include unconsolidated bottom (<30 percent plant cover):and aquatic bed. These latter two classes are usually permanently inundated areas and sometimes referred to as open water. Ecological Solutions A-3 2005-001 March 11, 2005 REFERENCES Corps (U.S. Arrny Corps of Fhoiileers), 1987. Corps of Engineers Wetlands Delineation Manual. j U.S. Army Corps of Engineers, Technical Report Y-87-1, Waterways Experiment Station, Vicksburg, Mississippi. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe, 1979. Classification of Wetlands and Deepwater Habitats ofthe•United States. U.S. Fish and Wildlife Service, Office of Biological Services, Publicatioh FWS/OBS-79/31, Washington, DC. Ecology (Washingt,on Sta ie Department rf Ecgiogy), 1997. Washington State Wetlands Identification and Delineation Manual. Ecology, Publication No. 96-94, Olympia. FICWD (Federal Interagency Committee for Wetland Delineation), 1989. Federal Manual for Identifying and Delineating Jurisdictional Wetlands. U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Department of Agriculture Soil Conservation Service, cooperative technical publication, Washington, DC. KOHMorgen Corporation; 1995. Munsell Soil.Color Charts, Kollmorgen Corpuratiorr; Baltiruvre; Maryland. Reed, P.B., Jr, 1988. National List of Plant Species That Occur in Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service, Biological Report 88(26.9), Washington, DC. Reed, P.B., Jr., D. Peters, J. Goudzwaard, I. Lines, and F. Weinmann, 1993. Supplement to List of Plant Species That Occur in Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service, Supplement to Biological Report 88(269), Washington, DC. Ecological Solutions A-4 March 11, 2005 2005-001 APPENDIX B 117-11VI-111181:4 JIM .......... M-41 Al. 1 7; RuLitine Wetland Determination 0 B Adapted from the Washington State Wetlands Identification and uenneation manual Project/Site: Pierson Boundary Line Adjustment Date: 1/18/05 Applicant/owner: Dick Pierson County: King :Investigator(s): Scott Luchessa State: WA SMR: SW % 15/T21 N/R4E Do normal circumstances exist on the site? ® Yes ❑ No Community ID: Red alder association ' I th 't 'f tl d' t rbed (at ical situation) ❑Yes ®No (± closed canopy) s e si a signs scan y �s u yp Is the area a potential problem area? ❑ Yes ® No Explanation of atypical or problem area:. ID: ID : SPA Plot ID Plot VEGETATION " = dominant pla t species using the 50/20 rule; midpoints are shown in parentheses following % cover Plant Species Stratum % cover Indicator Plant Species Stratum % cover Indicator Alnus rubra* T 55 (63) FAC Rhamnus purshiana T 10.(10.5) � FAC- Thuja plicata (sapling) T 10 (10.5) I FAC Rubus spectabilis* SH 75 (63) FAC+ Rubus discolor SH 15 (10.5) FACU PolysUchum munitum* H 10 (10.5) FACU HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC: 67% (2 of 3) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland plant database ❑ Morphological adaptations ® Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ® Yes ❑ No Rationale for decision/Remarks: 67% of the dominants had FAC or wetter wetland indicator statuses. HYDROLOGY Is it the growing season? ❑ Yes 2 No Water Marks: ® Yes ❑ No Sediment Deposits: ® Yes ❑ No on Based on: ❑ Soil temp (record temp) Drift Lines: ® Yes [:]No Drainage Patterns: ® Yes ❑ No ® Other (explain) date Depth of inundation: 0.5 inches Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12in.: ❑ Yes ® No FAC Neutral: ❑ Yes ® No Water -stained Leaves: ® Yes ❑ No Depth to free water in pit: At surface [Depth to saturated soil: At surface Check all that apply & explain below: Other (explain): ❑ Stream, lake or gage data ❑ Aerial photographs ❑ Other Wetland hydrology present? ® Yes ❑ No Rationale for decision/remarks: There are numerous clear indicators of wetland hydrology. _ I it Name (Series and Phase) : 1Alderwood gravelly Drainage Class ,am, 0-6% slopes Field observations confirm mapped type? Q Yes ® No sub rou Iescri tion Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil profile Horizon Munsell moist) (Munsell moist size and contrast structure, etc. (match description) A 10YR 3/1 Gravelly sandy loam B 10YR 4/2-5/2 Sandy loam oil Indicators: (check all that apply) ❑ Histosol ❑ Matrix chroma s 2 with mottles ❑ Histic Epipedon ❑ Mg or Fe Concretions ❑ Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ❑ Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ❑ Reducing Conditions ❑ Listed on National/Local Hydric Soils List ® Low-Chroma (=1) matrix at 12" ❑ Other (explain in remarks) oils present? ® Yes ❑ No for decision/Remarks: Soil with a chroma of 1 immediately below the A horizon or 10 inches, whichever is less (per manual). Determination rtic vegetation present? ® Yes ❑ No oils present? ® Yes ❑ No hydrology present? ® Yes ❑ No 'npling point within a wetland? ® Yes ❑ No e/Remarks: All three parameters are present. So, the sample plot and community are wetland. Sample plot is located approximately 20 ft north of wetland flag A-3 in a transitional area near the wetland boundary. This is L evident based on the marginally hydric soils (no redoximorphic features in the subsurface horizon). L L rL rL L L Routine Wetland Determination IAdanted from the Washinaton State Wetlands Identification and Delineation Manual) Project/Site: Pierson Boundary Line Adjustment Date: 1/18/05 Applicantlowner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA Srf/R: SW % 151T21 N/R4E Do normal circumstances exist on the site? ® Yes ❑ No Community ID: Red alder association Is the site significantly disturbed (atypical situation)? ❑ Yes ® No (open canopy) Is the area a potential problem area? ❑ Yes ® No Transect ID: Explanation of aty2ical or problem area: Plot ID: SP-2 VEGETATION * = dominant plantspecies using the 50/20 rule; midpoints are shown in parentheses following % cover Plant Species Stratum % cover Indicator Plant Species Stratum % cover Indicator Thuja plicata* T 10 (10.5) FAC Agrostis capillaris* H 45 (38) FAC Anus rubra* T 5 (3) FAC Populus balsamifera* T 5 (3) FAC Rubus spectabi/is* SH 20 (20.5) FAC+ Rubus discolor* SH 10 (10.5) FACU Ranunculus repens* H 60 (63) FACW HYDROPHYTIC VEGETATION INDICATO.RS:- % of dominants OBL, FACW, & FAC: 86% (6 of 7) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland plant database ❑ Morphological adaptations ❑ Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ® Yes ❑ No Rationale for decision/Remarks: 86% of the dominant plants have FAC, FAC+, or FACW indicator statuses. HYDROLOGY Is it the growing season? ❑ Yes ® No Water Marks: ❑ Yes ® No Sediment Deposits: ❑ Yes ® No on Based on: ❑ Soil temp (record temp) Drift Lines: ❑ Yes ® No Drainage Patterns: ❑ Yes ® No ® Other (explain) date Depth of inundation: None Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12in.: ❑ Yes ® No FAC Neutral: ® Yes ❑ No Water -stained Leaves: Depth to free water in pit: 6 inches ❑ Yes ® No Depth to saturated soil: At surface Check all that apply & explain below. Other (explain): ❑ Stream, lake or gage data ❑ Aerial photographs ❑ Other Wetland hydrology present? ❑ Yes ® No Rationale for decision/remarks: Surface saturation and depth to free water in the test pit appear to be the result of recent heavy rainfall. Given the absence of other strong positive indicators, hydrology is likely absent for sufficient duration during the growing season. A Name (Series and Phase) : Alderwood gravelly Drainage Class )am, 0-6% slopes Field observations confirm "mapped ' pp type. ®Yes ❑ No m (subgroup) 7escriltion Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil profile Horizon Munsell moist Munsell moist size and contrast structure, etc. (match description] A 10YR 3/2 None Gravelly sandy loam B 10YR 4/3-4/4 None Very gravelly sandy loam ;oil Indicators: (check all that apply) ❑ Histosol ❑ Matrix chroma 5 2 with mottles ❑ Histic Epipedon ❑ Mg or Fe Concretions ❑ Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ❑ Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ❑ Reducing Conditions ❑ Listed on National/Local Hydric Soils List ❑ Gleyed or Low-Chroma (=1) matrix ❑ Other (explain in remarks oils present? U Yes Q9 No for decision/Remarks: Soil is similar to Alderwood series, a nonhydric soil. Determination oic vegetation present? ® Yes ❑ No ails present? ❑ Yes ® No hydrology present? ❑ Yes ® No •npling point within a wetland.? ❑ Yes ® No e/Remarks: Only one indicator is clearly present. Therefore, the sample plot and community are upland. The sample plot is located near the center of a swale-like depression between two forested areas. Trees are rooted on higher ground to the north and south of the swale-like depression, which appears to be mowed regularly. L, L L L i L i L L L I. i L L L L L L Routine Wetland Determination J 1A.ei.a..6-4 fwr.... +he Wftch;n+^n C4i24o WaNsinda Idantifir_atinn and nP_lineatinn Manuall J J J J J J J J J J i Project/Site: Pierson Boundary Line Adjustment Date: 1/18/05 Applicaht/owner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA S/T/R: SW % 151T21 N/R4E Do normal circumstances exist on the site? 0 Yes ❑ No Community ID: Red alder association Is the site significantly disturbed (atypical situation)? ❑ Yes ® No (t closed canopy) Is the area a potential problem area? ❑ Yes ❑ No Transect ID: Explanation of atypical or problem area: Plot ID: SP-3 VEGETATION * = dominant plant species using the 50120 rule, midpoints are shown in parentheses followin % cover Plant Species Stratum % cover Indicator Plant Species Stratum °/o cover Indicator Anus rubra* T 40 (38) FAC Populus balsamifera* T 10 (10.5) FAG Rubus spectabilis* SH 10 (10.5) FAC+ Gaultheria shallon SH T (0) FACU Agrostis capillaris* H 90 (85.5) FAC Unidentified weed H 10 (10.5) FAC** HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC: 100% (4 of 4) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland plant database ❑ Morphological adaptations ❑ Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ® Yes ❑ No Rationale for decision/Remarks: All of the dominant plants had a FAC or FAC+ wetland indicator status. HYDROLOGY Is it the growing season? ❑ Yes ® No Water Marks: ❑ Yes ® No Sediment Deposits: ❑ Yes ® No on Based on: ❑ Soil temp (record temp) Drift Lines: ❑ Yes ® No Drainage Patterns: ❑ Yes ® No ® Other (explain) date Depth of inundation: None Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12in.: ❑ Yes 0 No FAC Neutral: ❑ Yes ® No Water -stained Leaves: Depth to free water in pit: 10 inches ❑ Yes ® No Depth to saturated soil: At surface Check all that apply & explain below: Other (explain): ❑ Stream, lake or gage data ❑ Aerial photographs ❑ Other Wetland hydrology present? ❑ Yes ® No Rationale for decision/remarks: Surface saturation and depth to free water in the test pit appear to be the result of recent heavy rainfall. Given the absence of other strong positive indicators, hydrology is likely absent for sufficient duration during the growing season. it Name (Series and Phasg) : Alderw. ood gravelly . Drainage Class )arras, 0-6% slopes Field observations confirm mapped type?' ® Yes ❑. No m (subgroup) )escri Lion Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil profile .Horizon . Munsell moist Munsell moist sire and contrast structure, -etc. (match description) A 10YR 3/2 None Gravelly sandy loam B 10YR 4/3-4/4 None Gravelly sandy loam ;oil Indicators: (check all that apply) '❑ Histosol ❑ Matrix chroma 5 2 with mottles ❑ Histic Epipedon ❑ Mg or Fe Concretions El Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ❑ Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ❑ Reducing Conditions ❑ Listed on National/Local Hydric Soils List ❑ Gleyed or Low-Chroma (=1) matrix ❑ Other (explain in remarks) oils present? ❑ Yes ® No 3 for decision/Remarks: Soil is similar to Alderwood series, a nonhydric soil. Determination /tic vegetation present? ® Yes ❑ No ails present? ❑ Yes ® No hydrology present? ❑ Yes ® No npline point within a wetland? ❑ Yes ® No e/Remarks: Only one parameter was met. Therefore, the sample plot and community are upland. L { LI L L� Sample plot is located near the edge of a swale-like drainage approximately 8 ft west of wetland flag AA-8. L L L . I L. I L' L L L Routine Wetland Determination (Adapted from the Washington State Wetlands Identification and Delineation Manual) Project/Site: Pierson Boundary Line Adjustment Date: 1/18/05 Applicantlowner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA S/T/R: SW % 15/T21 N/R4E Do normal circumstances exist on the site? ® Yes ❑ No Community ID: Red alder association Is the site significantly disturbed (atypical situation)? ❑ Yes ® No (± closed canopy) Is the area a potential problem area? ❑ Yes ® No Transect ID: Explanation of atypical or problem area: Plot ID: SP-4 VEGETATION " = dominant 21ant species ecies using the 50/20 rule; midpoints are shown in parentheses following % cover Plant Species Stratum % cover Indicator Plant Species Stratum % cover Indicator Ain us rubra* T 55 (63) FAC Agrostis capillaris* H 25 (20.5) FAC Acercircinatum* SH 20 (20.5) FAC- Polystichum munitum H 5 (3) FACU Rubus spectabilis* SH 20 (20.5) FAC+ Tolmeia menziesii H 5 (3) FAC Rubus discolor SH 10 (10.5) FACU Juncus effusus H T (0) FACW Rubus ursinus SH T (0) FACU Carex deweyana H T (0) FACU Gaultheria shallop SH T (0) FACU Taraxacum officinale H T (0) 1 FACU HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC: 75% (3 of 4) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland plant database ❑ Morphological adaptations ❑ Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ® Yes ❑ No Rationale for decision/Remarks: 75% of the dominant plants had FAC or FAC+ indicator statuses. HYDROLOGY Is it the growing season? ❑ Yes ® No Water Marks: ❑ Yes ® No Sediment Deposits: ❑ Yes ® No on Based on: ❑ Soil temp (record temp) Drift Lines: ❑ Yes ® No Drainage Patterns: ❑ Yes ® No ® Other (explain) date Depth of inundation: None Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12iry ❑ Yes ® No FAC Neutral: ❑ Yes ® No Water -stained Leaves: ❑ Yes ® No Depth to free water in pit: 8 inches Depth to saturated soil: 6 inches Check all that apply & explain below: Other (explain): ❑ Stream, lake or gage data ❑ Aerial photographs ❑ Other Wetland hydrology present? ❑ Yes ® No Rationale for decision/remarks: Saturation and water seeping into the hole at 6 inches appears to be the result of the recent heavy rainfall. It appears unlikely that saturation is present to the surface for sufficient duration to meet the hydrology criterion. it Name (Series and Phase) : Alderwood gravelly Drainage Class -am, 0-6% slopes Field observations confirm mapped pp tYRR? 0 Yes ❑ No n sub rou escr[pUon Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil profile Horizon (Munsell moist) (Munsell moist size and contrast structure, etc. (match description) A 10YR 3/2 None Gravelly sandy loam B 10YR 4/3 None Sandy loam oil Indicators: (check all that apply) ❑ Histosol ❑ Matrix chroma s 2 with mottles ] Histic Epipedon ❑ Mg or Fe Concretions Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ] Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ] Reducing Conditions ❑ Listed on National/Local Hydric Soils List ] Gleyed or Low-Chroma (=I) matrix ❑ Other (explain in remarks) As present? ❑ Yes ® No for decision/Remarks: Similar to Alderwood series, a nonhydric soil. Determination tic vegetation present? Z Yes ❑ No ils present? ❑ Yes ® No iydrology present? ❑ Yes ® No npling point within a wetland? ❑ Yes ® No :/Remarks: Only one parameter clearly met. Therefore, the sample plot and community are upland Sample plot is located between wetland flags AA-21 and AA-22 approximately 15 ft NW of the wetland boundary in a slight depression between the wetland edge and forested uplands on higher ground to the west. There was some 2.5Y 5/3 clay loam with 2.5Y 6/6 mottles on the east side of the hole in the B horizon. This material may have been part of sidecast materials from the apparently excavated channel within the wetland to the east. It was atypical of the soil horizons in the vicinity based on numerous auger borings and was therefore excluded as an anomaly from the test pit horizons. f L L L L L. L L. L L L Routine Wetland Determination IAfin ntpri frcrm the Washinaton State Wetlands Identification and Delineation Manual) J" Project/Site: Pierson Boundary tine Adjustment Date: 1/18/05 Applicantlowner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA .S/T/R: SW % 15/T21 N/R4E: Do normal •circumstances exist on the site? 9 Yes 0 No Community ID: Red- alder association Is the site significantly disturbed (atypical situation)? ❑ Yes ® No (t closed canopy) Is the area a potential problem area? ❑ Yes ® No Transect ID: Explanation of a ical or problem area: Plot ID: SP-5 VEGETATION w = dominant plant species using the 50/20 rule; midpoints are shown in parentheses following % cover Plant Species Stratum % cover Indicator Plant Species Stratum % cover Indicator Alnus rubra* T 65 (63) FAC -Rubus spectabilis* SH 65 (63) FAC+ Rubus discolor* SH 20 (20.5) FACU Polystichum munitum* H 20 (20.5) FACU Geranium robertianum* H 5 (3) UPL HYDROPHYTIC VEGETATION INDICATORS: %'of dominants OBL, 1=ACW, & FAC: 40% (2 of 5) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland plant database ❑ Morphological adaptations ❑ Personal knowledge pf regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ❑ Yes ® No Rationale for decision/Remarks: <50% of the dominant plants have FAC or wetter indicator statuses HYDROLOGY Is it the growing season? ❑ Yes ® No Water Marks: ❑ Yes ® No Sediment Deposits: ❑ Yes ® No on Based on: ❑ Soil temp (record temp) Drift Lines: ❑ Yes E. No Drainage Patterns: ❑ Yes ® No ® Other (explain) date Depth of inundation: None Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12in.: ® Yes ❑ No FAC Neutral: ❑ Yes ® No Water -stained Leaves: Depth to free water in pit: 16 inches ❑ Yes ® No Depth to saturated soil: 14 inches Check all that apply & explain below: Notes: Many fine oxidized rhizospheres from 14-16+. Difficult to tell ❑ Stream, lake or gage data whether oxidation was around living rootlets. Many appear to be ❑ Aerial photographs decomposed. ❑ Other Wetland hydrology present? ❑ Yes ® No Rationale for decision/remarks: Lack of strong indicators. Unlikely there is saturation to the surface for sufficient duration during the growing season. lit Name .(Series and.Phase) : Alderwood gravelly;, :Drainage Class )am, 0-6% slopes Field observatiohs-confirm'ed e? . ma pp type? ®Yes . ❑ No my (subgroup), Mar-rintion Horizon Matrix color Munsell moist Mottle colors Munsell moist Mottle abundance size and contrast Texture, concretions, structure, etc. Drawing of soil profile [match description) A 10YR 3/2 None Gravelly sandy loam NA charcoal B 40Y13 4/2-4/3 _ None , Gravelly sandy loam toil Indicators: (check all that apply) ❑ Histosol ❑ Matrix chroma s 2 with mottles ❑ Histic Epipedon ❑ Mg or Fe Concretions _ ❑ Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ❑ Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ❑ Reducing Conditions ❑ Listed on'National/Local Hydric Soils List ❑ Gleyed or Low-Chroma (=1) matrix ❑ Other (explain in remarks oils present? ❑ Yes ® No s for decision/Remarks: Soil is similar to the map unit, a nonhydric soil. There are no positive indicators of hydric soils. Determination ftic vegetation present? ❑ Yes ® No )ils present? ❑ Yes ® No hydrology present? ❑ Yes ® No nlin point within a wetland? ❑ Yes ® No e/Remarks: None of the parameters were met. Therefore, the sample plot and community are upland. Sample plot is Iodated —8 ft north of wetland flag Z-11 on slightly higher ground. L L L L L i L i I L L L Routine Wetiand Determination J I Ad .. 4—A s....... 4h.. \A/hirarafr " Q*�*n wnflonria Irlan+ifiea+inn anri nalinaatinn Mani in II J J J J J J J J J \- --- --- -- ---- ---- --------- -- - - - ---- - Project/Site: Pierson Boundary Line Adjustment Date: 1/19/05 Applicant/owner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA S/T/R: SW % 15/T21 N/R4E Do normal circumstances exist on the site? Yes ❑ No Community ID: Red alder association Is the site significantly disturbed (atypical situation)? ❑ Yes ® No (f closed canopy) Is the area a potential problem area? ElYesYes ® No ct ID: Explanation of atypical or problem area: ID: SP-6 Plot ID VEGETATION * = dominant plant species using the 50/20 rule; midpoints are shown in parentheses followin % cover Plant Species Stratum % cover Indicator Plant Species Stratum % cover Indicator Alnus rubra* T 60 (63) FAC Thuja plicata T 10 (10.5) FAC Ilex aguifolium T 5 (3) UPL Rubus spectabilis* SH 65 (63) FAC+ HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC: 100% (2 of 2) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland plant database ❑ Morphological adaptations ❑ Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ® Yes ❑ No Rationale for decision/Remarks: All of the dominant plants have FAC or FAC+ indicator statuses. HYDROLOGY Is it the growing season? ❑ Yes ® No Water Marks: ❑ Yes ® No Sediment Deposits: ❑ Yes ® No on Based on: ❑ Soil temp (record temp) Drift Lines: ❑ Yes ® No Drainage Patterns: ❑ Yes ® No ® Other (explain) date Depth of inundation: None Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12 in.: ❑ Yes ® No FAC Neutral: ® Yes ❑ No Water -stained Leaves: Depth to free water in pit: 10 inches ❑ Yes ® No Depth to saturated soil: 8 inches Check all that apply & explain below: Other (explain): ❑ Stream, lake or gage data ❑ Aerial photographs ❑ Other Wetland hydrology present? ❑ Yes ® No Rationale for decision/remarks: Even after more than 3.2 inches of rain in the past 48 hours (see notes at the bottom of the next page), there is no saturation to the surface. It is unlikely that there is saturation to the surface for sufficient duration to meet the criterion. In addition, there is a lack of any strong indicators of wetland hydrology. it Name (Series and Phase): Alderwood gravelly Drainage Class .. yam, 0-6% slopes Field observations confirm mapped type? ❑ Yes . ® No lescriotion Horizon Matrix color Munsell moist Mottle colors Munsell moist) Mottle abundance size and contrast Texture, concretions, structure, etc. Drawing of soil profile (match description) A 10YR 3/2 None loam B1 10YR 212 None loam B3 2.5Y 4/2-4/3 10YR 5/6 Common, medium, distinct Gravelly sandy loam oil Indicators: (check all that apply) ❑ Histosol ❑ Matrix chroma 5 2 with mottles ❑,Histic Epipedon ❑ Mg or Fe Concretions ] Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ] Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ] Reducing Conditions ❑ Listed on National/Local Hydric Soils List ] Gleyed or Low-Chroma (=1) matrix ❑ Other (explain in remarks ails present? ❑ Yes ® No for decision/Remarks: Redoximorphic features are below the root zone and may be relicts. Soils appear to be effectively Determination tic vegetation present? ® Yes ❑ No ils present? ❑ Yes ® No iydrology present? ❑ Yes ® No ipiing point within a wetland? ❑ Yes © No L_ L i L f f L /Remarks: Clear indicators of only one parameter (hydrophytic vegetation). Therefore, the sample plot and community are L r Sample plot was established in the lowest lying area adjacent to the ditchrintermittent stream on the most northerly parcel. The ground surface is approximately 1 ft higher than the bottom of the ditch. There was no water in the ditch yesterday at L' this location despite more than 2.3 inches of rain over the previous 24 hrs (as recorded at Sea-Tac International Airport). Following approximately an additional 0.9 inches of rain yesterday bringing the 48-hour total to more than 3.2 inches of rain (as recorded at Sea-Tac), there is approximately 2 to 3 inches of surface water in the ditch. L L L Routine Wetland Determination J� rw.r....& A s...... 66 whr- 61..,.,+-- C+a+n Wn+IonAc Irlonfifir9+inn anri nplinpatinn Manfiall Project/Site: Pierson Boundary Line Adjustment Date: 1/19/05 Applicant/owner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA S/T/R: SW % 15/T21 N/R4E Do normal circumstances exist on the site? ® Yes ❑ No Community ID: Shrub association (t Is the site significantly disturbed (atypical situation)? ❑ Yes ® No open canopy) Is the area a potential problem area? ❑ Yes ® No' Transect ID: Explanation of atypical or problem area: Plot ID: SP-7 VEGETATION * = dominant plant species using the 50/20 rule; midpoints are shown in parentheses followin % cover Plant Species Stratum % cover Indicator Plant Species Stratum % cover Indicator Populus balsamifera* T 25 (20.5) FAC Alnus rubra* T 20 (20.5) FAC Thuja plicata T 5 (3) FAC Spiraea douglasii* SH 55 (63) FACW Rubus spectabilis* Sh 20 (20.5) FAC+ HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC: 100% (4 of 4) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation M Wetland plant database ❑ Morphological adaptations ❑ Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ® Yes ❑ No Rationale for decision/Remarks: All of the dominant plants had FAC or wetter indicator statuses. HYDROLOGY Is it the growing season? ❑ Yes ® No Water Marks: ® Yes ❑ No Sediment Deposits: ® Yes ❑ No on Based on: ❑ Soil temp. (record temp) Drift Lines: ® Yes [-]No Drainage Patterns: ® Yes ❑ No ® Other (explain) date Depth of inundation: 8 inches Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12iru El Yes ® No FAC Neutral: ® Yes ❑ No Water -stained Leaves: Depth to free water in pit: At surface ® Yes ❑ No Depth to saturated soil: At surface Check all that apply & explain below: Other (explain): ❑ Stream, lake or gage data ❑ Aerial photographs ❑ Other Wetland hydrology present? ® Yes ❑ No Rationale for decision/remarks: There are many positive indicators of wetland hydrology. 1 it Name (Series and.Phase).: Alderwood gravelly . Drainage Class )am, 0-6% slopes Field observations confirm mapped type? ❑ Yes ® No lescriDtion Horizon Matrix color Munsell moist Mottle colors Munsell moist Mottle abundance size and contrast Texture, concretions, structure, etc. Drawing of soil profile a d on A 10YR 3/1 10YR 3/4 and 10YR 716 Common, medium to coarse, distinct Texture varies from silt loam B 10YR 2/2 10YR 3/4 and 10YR 7/6 Common, medium to coarse, distinct Sandy loam i L L L L oil Indicators: (check all that apply) ❑ Histosol ® Matrix chroma 5 2 with mottles [ ❑ Histic Epipedon ❑ Mg or Fe Concretions ❑ Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ❑ Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils L Reducing Conditions ❑ Listed on National/Local Hydric Soils List ® Gleyed or Low-Chroma (-1) matrix ❑ 01he; (explain in remarks oils present? ® Yes ❑ No for decision/Remarks: Unable to accurately catalog soils below 10 because of inundation. Low chroma matrix & mottling in : subsurface horizons. Determination itic vegetation present? ® Yes ❑ No ils present? [3 Yes ❑ No iydrology present? ® Yes ❑ No npling point within a wetland? I(Z Yes ❑ No /Remarks: All three parameters were met. Therefore, the sample plot and community are wetland. Trees are generally rooted on higher in the adjacent uplands with few exceptions. Although there likely is less than 30% areal coverage provided by trees in the wetland, the area has nonetheless been classified as a forested wetland. L' L L 1 . i L L Routine Wetland Determination (Ada ted from the Washington State Wetlands Identification and Delineation Manual ProjectlSite: Pierson Boundary Line Adjustment Date: 1/19/05 Applicant/owner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA S/T/R: SW % 15rF21 N/R4E Do normal circumstances exist on the site? ® Yes ❑ No Community ID:Western red cedar Is the site significantly disturbed (atypical situation)? ❑ Yes ® No association (t closed canopy) Is the area a potential problem area? ❑ Yes ® No TransectlD: Explanation of atypical or problem area: Plot ID: SP-8 VEGETATION * = dominant plant species using the 50/20 rule; midpoints are shown in parentheses following % cover Plant Species. Stratum % cover Indicator Plant Species Stratum % cover Indicator Thuja plicata* T 65 (63) FAC Geranium robertianum* H 40 (38) UPL Prunus sp. (tent id)* T 20 (20.5) � FACU** Polystichum munitum* H 10 (10:5) FACU Ilex aquifolium T 5(3), UPL Rubus spectabilis* SH 15 (10.5) FAC+ Rubus ursinus* SH 5 (3) FACU Rubus discolor* SH 5 (3) FACU HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC: 33% (2 of 6 w/assigned FACU**); 50% (3 of 6 if assigned is FAC or wetter) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland -plant database ❑ Morphological adaptations ❑ Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ❑ Yes ® No Rationale for decision/Remarks: Majority of the dominant plants are not adapted for life in saturated soils. HYDROLOGY Is it the growing season? ❑ Yes ®No Water Marks: ❑ Yes ® No Sediment Deposits: ❑ Yes ® No on Based on: ❑ Soil temp (record temp) Drift Lines: ❑ Yes ® No Drainage Patterns: ❑ Yes ® No ® Other (explain) date Depth of inundation: None Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12n.: ❑ Yes ® No Depth to free water in pit: 10 inches FAC Neutral: ❑ Yes ® No Water -stained Leaves: ❑ Yes [-]No Depth to saturated soil: 8 inches Check all that apply & explain below: Other (explain): Unlikely there is saturation to the surface For at least 30 ❑ Stream, lake or gage data consecutive days during the growing season. Observed saturation at 8 inches follows about 3.5 inches of rain over the past four days. Ground ❑ Aerial photographs surface is about a foot higher than the adjacent ditch bottom ❑ Other Wetland hydrology present? ❑ Yes ® No Rationale for decision/remarks: There is a lack of positive indicators of wetland hydrology. I - it Name (Series and .Phase) : AlderwQod. gravelly Drainage Class Li ram, 0=6% slopes Field observations confirm mapped type? ❑ Yes No n (subgroup). L' Rescri tion I Horizon Matrix color Munsell moist Mottle colors Munsell moist Mottle abundance size and contrast Texture, concretions, structure, etc.(match Drawing of soil profile dowdo0on) - A 10YR 2/1 None loam B 2.5Y4/2-4/3 10YR 5/6 Few -common, fine- medium, distinct Gravelly sandy loam oil Indicators: (check all that apply) ❑ Histosol ❑ Matrix chroma <_ 2 with mottles ❑ Histic Epipedon ❑ Mg or Fe Concretions ❑ Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ❑ Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ❑ Reducing Conditions ❑ Listed on National/Local Hydric Soils List. ❑ Low-Chroma (_1) matrix at 12" ❑ Other (explain in remarks ails present? ® Yes ❑ No i for decision/Remarks: Soils are marginally hydric. Matrix with chroma of 1 immediately below A horizon or at 10 inches :r is less). Detenminadon tic vegetation present? ❑ Yes ® No ils present? ® Yes ❑ No iydrology present? ❑ Yes ® No npling point within a wetland? ❑ Yes ® No :/Remarks: Only one parameter (hydric soil) was met and indicators were not strong. Positive indicators of both hydrophytic n and wetland -hydrology were lacking. Therefore, the sample plot and communitv are upland. Suckering tree species with some lenticels and serrulate, deciduous leaves was tentatively identified as a plum (Prunus sp.). It was concentrated in a clump and likely represents a clone. This species was not observed elsewhere on the site and was tentatively assigned an indicator status. of FACU (as denoted by FACU**). L I L { L L L. L L L_ L L. L L- i Routine Wetland Determination J (Adapted from the Washin tan State Wetlands Identification and Delineation Manual J J Project/Site: Pierson Boundary Line Adjustment Date: 1/19/05 Applicantlowner: Dick Pierson County: King Investigator(s): Scott Luchessa State: WA S/T/R: SW % 15/T21 N/R4E Do normal circumstances exist on the site? ® Yes ❑ No Community ID:Western red cedar Is the site significantly disturbed (atypical situation)? ❑ Yes ® No association (± closed Is the area a potential problem area? ❑ Yes ® No Explanation of atypical or problem area: Tracanopy) ID: Dct IotD: SP-8 Plot I VEGETATION " = dominant plant species usin2 the 50/20 rule; midpoints are shown in parentheses following % cover Plant Species Stratum % cover Indicator Plant Species Stratum % cover Indicator Thuja plicata* T 65 (63) FAC Geranium robertianum* H 40 (38) UPL Prunus sp. (tent id)* T 20 (20.5) FACU** Vinca minor H 15 (10.5) UPL Ilex aquifolium T 5 (3) UPL Polystichum munitum H 10 (10.5) FACU Rubus spectabilis* SH 15 (10.5) FAC+ Rubus ursinus* SH 5 (3) FACU Rubus discolor* SH 5 (3) FACU HYDROPHYTIC VEGETATION INDICATORS: % of dominants OBL, FACW, & FAC: 33% (2 of 6 w/assigned FACU**) Check all indicators that apply and explain below: ❑ Visual observation of plant species growing in ❑ Physiological/reproductive adaptations areas of prolonged inundation/saturation ® Wetland plant database ❑ Morphological adaptations ❑ Personal knowledge of regional plant communities ❑ Technical Literature ❑ Other (explain) Hydrophytic vegetation present? ❑ Yes ® No Rationale for decision/Remarks: Majority of the dominant plants are not adapted for life in saturated soils. HYDROLOGY Is -it -the -growing season? ❑ Yes ® No Water Marks: ❑ Yes ® No Sediment Deposits: ❑ Yes ® No on Based on: ❑ Soil temp (record temp) Drift Lines: ❑ Yes ® No Drainage Patterns: ❑ Yes ® No ® Other (explain) date Depth of inundation: None Oxidized Root (live roots) Local Soil Survey: ❑ Yes ® No Channels <12 in.: ❑ Yes ® No FAC Neutral: ❑ Yes ® No Water -stained Leaves: Depth to free water in pit: 10 inches ❑ Yes [-]No Depth to saturated soil: 8 inches Check all that apply & explain below: Other (explain): Unlikely there is saturation to the surface for at least 30 ❑ Stream, lake or gage data consecutive days during the growing season. Observed saturation at 8 ❑ Aerial photographs inches follows about 3.5 inches of rain over the past four days. Ground surface is about a foot higher than the adjacent ditch bottom ❑ Other Wetland hydrology present? ❑ Yes ® No Rationale for decision/remarks: There is a lack of positive indicators of wetland hydrology. t Name (Series and Phase) : Alderwood gravelly Drainage Class am, 0-6% slopes Field observations confirm mapped type? ❑ Yes ® No 'r (subgroup) Dscription Matrix color Mottle colors Mottle abundance Texture, concretions, Drawing of soil profile Horizon Munsell moist) (Munsell moist) size and contrast structure, etc. (match description) A 10YR 2/1 None loam B 2.5Y 4/2-4/3 10YR 5/6 Few -common, fine- Gravelly sandy loam medium, distinct ail Indicators: (check all that apply) ] Histosol ❑ Matrix chroma <_ 2 with mottles ] Histic Epipedon ❑ Mg or Fe Concretions ] Sulfidic Odor ❑ High Organic Content in Surface Layer of Sandy Soils ] Aquic Moisture Regime ❑ Organic Streaking in Sandy Soils ] Reducing Conditions ❑ Listed on National/Local Hydric Soils List Low-Chroma (=1) matrix at 12" ❑ Other (explain in remarks ails present? ® Yes ❑ No for decision/Remarks: Soils are marginally hydric. Matrix with chroma of 1 immediately below A horizon or at 10 inches :r is less). Determination tic vegetation present? ❑ Yes ® No ils present? ® Yes ❑ No iydrology present? ❑ Yes ® No ipling point within a wetland? ❑ Yes - ® No dRemarks: Only one parameter (hydric soil) was met and indicators were not strong. Positive indicators of both hydrophytic i and wetland hydrology were lacking. Therefore, the sample pfot and community are upland. Suckering tree species with some lenticels and serrulate, deciduous leaves was tentatively identified as a plum (Prunus sp.). It was concentrated in a clump and likely represents a clone. This species was not observed elsewhere on the site and was tentatively assigned an indicator status of FACU (as denoted by FACU**). L L I f L A L L L L L APPENDIX C SITE PHOTOGRAPHS 1. 61 - - - A �� •. - J �_ lr �F fir _ _, . =a 0 0 L a x Cl) a � c L m c O LLJ O C = 3 0 oa o m E = t .� a� Y E - E U E W N Q m0a IL o N m� ao�+ o-00 0' .0 N O ZE3o 0 cUc3m c-0 M=Z Mca.00 03� CM c J = O :2 %6 0- O y C J L 0 M L = O O t' CLM0o- co 0 om�r> E 0 a3.E0�' (j) 0 0 a. E4 -A@ o M CL 0 O M.0 0 tm m r cca 0 jo- cv cm E C oM E E .-0 to 'O"a (A 0 Cc -C o t L.__3 IL a 3: Al 0 2-0-0 03 0 0 Cc 0- Co (1) (1) o 21.) w CL 0 (D 0 (j)cc o 0 0 U) C r m m cc Im > 0 0 0 E —J cL E 0 X (n 0 c o L E L N }�I r 0 L L W E O O L y`- C � a L O N O �rO .E C N O _ 0 .- 8 m J o O p I N A vl 1� Ld co co A�CO CM N C .8 = N O O 0a2.90 d rL.+ CL N C. c 0 O t ,all X a. C N tOn Q L R (D iA -A, Appendix C Pierson Site Photos Photograph 11 — Looking north northwest at typical red alder association (riparian forest) near SP-4 with open and depauperate understory. 2005-001 L H tf. r .E� . ^'rw.,' . .ti �S'- F' •t�.� �}"i • .. ,iJ. 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SW YARD V ON CORNER LOY, STREET SIDE) 20' FRONT YARD TYPICAL SETBACKS 4PA,404,A4!/It A, S()A,Ar'A'A(0N1,, IN(:., •1 706 28!i 301h I 1 706-7.83-037-3 1 C 206-841 3801 401:1 37nd Avr•.nim Wert .'ituritla:, WA !1H100 ernlo{7in;;Isolation^,G+1.;e;;uu;l.rnm April 19, 2006 Dick Pierson 3516 South 336tli Street Federal Way, WA 98001 Re: Addendum to March 11, 2005 Wetland Delineation Report Dear Mr- Pierson: This letter is an addendum to the wetland delineation report prepared by Ecological Solutions, Inc. dated March 11, 2005. As you know, that report was prepared in support of your boundary line adjustment (BLA) submitted to King County. It is my understanding that Greg Poels, Senior Ecologist with King County Department of Development and Environmental Services confirmed the delineated wetland boundaries and the wetland and stream classifications identified in the report. Furthermore, I understand that the BLA was approved by the county. Since that tune, the parcels that were the subject. of the BI.-,A have been incorporated into the City of Federal Way (City) via annexation. The purpose of this addendum is to update the previous wetland delineation report wetland and Stream classifications to clearly identify the City's classification. I have reviewed the wetland definitions and categories identified in the Federal Way City Code (FWCC). These were downloaded (March 4, 2006) or viewed online (April 3, 2006). According to FWCC 22-1357, there are three categories of wetlands (1, 11, and 111). As identified in Figure 2 of Ecological Solutions' 2005 report, there are portions of three small wetlands on your properties. Wetland 1 contains one wetland vegetation class and is approximately 22,000 square feet: [sfJ (.-.0.5 acre). Most of this wetland is off -site to the south of your properties. Wetlands 2 and 3 are smaller and primarily ore your properties. Including the estimated offsite areas, the total surveyed plus estimated off -site areas of Wetlands 2 and 3 are 8,242 and 5,978 square feet, respectively. Note that on the recorded boundary line adjustment (BLA) Wetland 1 and Wetland 2 are lumped together as Wetland 1. On the recorded BLA, line segments 1-14 to 1,19 are a narrow swale-like drainage that connects what are identified in Ecological Solutions' 2005 report- as Wetlands I and 2. The area. shown on the recorded BLA for Wetland 1 is 11,680 sf, which includes an upland area that extends sough of line segments 1.,14 to L 19 to the eastern property boundary. None of these wetlands contain threatened or endangered specic;s or documented habitat recognized by state or federal agencies For these species. None contain plant associations of infrequent occurrence, irreplaceable ecological functions, are considered of exceptional location significance, or have three or more wetland classes. So, none of the wetlands meet the Category 1 criteria.. 4W 11W 4D Peiminin!1 Wntar llunliry' Surina:e Wader Wntlnnds Wildliln I-hbir:;t Mr. Dick Pierson I'age 2 April 19, 2006 King Co_ Senior Fr-alogist Greg Paels indicated that the portions of the ditches that the county considered intermittent streams on the north. parcel and offsite to the south do not support: Fish populations. I concurred witin this assessment. As such, none of the wetlands are contiguous with water bodies or tributaries that under normal circumstances contain or support: fish. None are greater than an acre, and all possess only one wetland vegetation class. So, none of till wetlands meet the Category 11 wetland criteria. All of the wetlands appear to be Category III wetlands, according to FWCC 22-1357(a). Of the three., only Wetland i is greater than 10,000 square feet. Category Ill wetlands >10,000 sq. ft. require a. Standard buffer of 50 feet (FWCC22-1357(b)(3)). Wetlands 2 (ghat portion of Wetland 'I from line segment L20 to 1,29 in the recorded BLA) and Wetland 3 (identified as Wetland 2 in the recorded I3LA) are both between 2,500 and 10,000 sq. ft. and require a standard buffer of 25 feet:. In addition to die wetlands, King County considered two ditch segments streams. One of these is on your properly and the other is offsite to the south. In n1Y opinion, the ditches are _just that: and were excavated features dug in an attempt to drain the wetlands. The ditches do not appear to have been streams that were altered and placed in ditches_ Both of the ditches do apparently convey water seasonally primarily during the winter to natuial watercourses farther offsite to the north and to the south that would be considered streams. According to the definition of stream in the FWCC 22-1: "Stream means a course or route, formed by nature, including those which have been modified by hurnans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year round. In a developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not: meant to include irrigation ditches, stornawater facilities or other artificial watercourses unless they are used by resident: or anadromous salmonid fish., or the feature was constructed to convey .natural streams which existed prior to construction of the watercourse" Furthermore, FWCC 22-1306 identifies setbacks for minor and major streams. According to the definitions, a major stream "r..eans any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage on the stream course which precludes dic upstream movement of awWromous salmonid fish, then that portion of the stream which is dowlistream of the natural permanent blockage shall be regulated as a major strum." According to the definitions, "a minor stream is any stream that does not meet the definition of a major stream" Neither ditch segment on the site or immediately south of the site supports any species of fish as Mr. Poels' agreed. Thus, neither ditch appears to meet the definition of stream. identified in the FWCC- Please note that all wetland and strewn classifications and buffer requirements identified herein are preliminary and subject to verification by the City_ Sincerely, Scorn, LuctwSSA Certified Ecologist, M.S. cc: Bryan Nylin, Horai. Real Estate investments Jamb +;�1:QA8.4A9�A4'/�A. di4DH.B!'p'99D1`•1;�, NNI'. I %Off 'l7i h.:i(I1!i I I Yllfi•2}ia•(Ia'l.':7 C 711(; m I.Bfinl -4-4-4 oil t all M�4 si W-A T PROPOSAL — R.H. Landscape Supply CO. 3908 So. 384th Auburn, WA 98001 -5-.3- `I Z7_ / boo WORK TO BE PERFORMED AT: PROPOSAL SUBMITTED TO: gpID SS NAME A �_.- - -- - Pei ADDRESS GATE OF PLANS FHONE NO. -7� 7yLlr We hereby prapas.e #a furnish the ter is � and Perform toe. Abor n eiat7orn If rs rz J. � � n - c 8 e,.V �x cis - •, .' _. - . :35!�v. a - yAY A0 eCified, and .the, above work to be performed in accordance with the drawings and specifications All material is guaranteed to -be as sp . submitt d'#or above:work, and completed in a substantlal.Workmanlike mAnner for the sum of } Dollars _$ with -payments to be made As follows: �. A,- = Respectfully submitted Any altersuoh or deviation from above specifk awns lliriolvfrig ezlra 6DIAS will 'be executed only upon written order, and uirili pecorrte an extra charge per over and above: the estimate. All agreements oontirigant Upon st0as, ac- cidents, or delays beyond our controt. Note - This proposal may be withdrawn by us if not accepted within _MS_ AGCI«PTAhI PROP Ttie.abgve.prices,-ope�iti,ians and conditions are safi§factory ari4a�e.�ielai aocepfed. You are autliarized fa do the work as: specified: Payinet" Nil - e. made as outlined above: Signature Data Signature D8118 PROPOSAL nd— MADE IN USA APPROVAL IBC fES: THIS REQUI.S1 0UAor-Ii:5 FOR EXEMPTION UNDPR KCC 19 A, M 1'r [)OFs ,CDT GUARANTL+ --HA I THE LOTS WILL Bi- RUITABLL ro-.� I)E:VF[Gr'MFNl' NOW OR IN VHF FL)Tljj�r_ THE .-r.GAI. -RANISILI? 01 I-F PROPERl-Y MWO DONS, 9Y SEPARATI 1,4STRLJMLNI UNLESS A0. L.MS W-RFIN ARE UNDER 1141 SAME OWK"S"• P- PLCORDINO NO- VOL./PAG-E 50 loo, SCAl F: I TNO'll PoPlION 01- NEW LOT BOUNDARIES AND CRITICAL ARE, AS DELINEATIONS (NOTICE ON TITLE) loo.ol, Dralm- F '; Im'04'-w W 6,4s 0 - rrx z LOT A 0.44 Acm In ac UTILITY 0SWEN1' TO OEM& wi- .7, 4137.92' Fl-KI) 4;6.W 4&-41'4 -WET-,AND 2 ow By 0-13 AM= (IMMAN11 M-y) [:t,jj UNE 04- THE WEST 2t31i.,j1' OF TRAVE 117 !(A Ts farn !jr ERIDIAN USL S SURVEY IS o-f yA[UtS ATV VKUFTM KING COUNTY CPS =N"tOL S"RkWjrtj Elhk S�ATJM IIA-- I mlllr. iIALLIN 4: AtZOM . 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BOT YK-DARY ocia"les--,: Hallin & Ass Lewd Sarveyfng LINE, �DJU�YMENr:V-- Boundadow — A&PPM9 — Subdivisiaw 402 S. 333rd St. Suite .119 TTV, N 0- Ira. 98003 OPM b Fg /14� Technical Memorandum a To: 10230NEPi &&&race From: JUMe 4'a0 ffw 98033 Copies: Phow /42f/,F224V46 Fox /42S/ 827-9577 Date: Subject: Project No.: Greg Fewins, Deputy Director, Community Development Services Planning Division, City of Federal Way Doug Gresham, Wetland Ecologist, Otak, Inc. January 29, 2007 Pierson Property Sensitive Areas Peer Review 30879P As requested by the City of Federal Way, Otak conducted a site visit of the Pierson property located at 3516 S 336th Street, Federal Way, Washington (file #06-105384-00-AD). The purpose of our site visit was to verify wetland and stream boundaries, determine wetland and stream classifications, and assess impacts from the proposed action. In 2004, the applicant (Dick Pierson) undertook a boundary line adjustment to divide this property into four lots when it was within unincorporated King County. Mr. Pierson proposes to sell three of these four lots, which requires providing driveway access through critical area buffers. A previous wetland delineation performed by Ecological Solutions identified three wetlands and a stream on the property based on King County regulations. Once this area was annexed by the City of Federal Way, protection of these critical areas required compliance with Federal Way City Code (FWCC). We reviewed the following documents for consistency with Federal Way City Code (FWCC). • Pie>rarr I f/nrrr�Iieirrreatiar� Z'izcarrrrry, l arlrirrgiorrprepared by Ecological Solutions (dated March 11, 2005); Jirrpegmqz� afPrerrair dasrrrdarylirea�l>Ir.�irrerilprepared by Hallin & Associates Land Surveying (dated June 20, 2005); and _Aa�ierl'lzrrrr to ibePierrarr prepared by Ecological Solutions (dated April 19, 2006). Summary This memorandum is divided into three sections: (1) background review; (2) results of the site visit; and (3) proposed buffer impacts and mitigation. Sections 2 and 3 include issues that must be addressed in future submittals of the project. Those issues include: • Correct all site maps to show Wetlands 1 and 2 as a single Category III wetland with a 50-foot buffer. K\project\ 30800\ 30879P \Reports\ Pierson012907M.d oc City ofFederal Way Page 2 J rrriiiae�4rearfJrrelrr�.ei�lforl�rerroarPro�ery ja�rs�ary29 2007 • Correct all site maps to designate the ditch at the northeast corner of the property as a stream, and show the appropriate buffer for either a major (100-feet) or minor (50-feet) stream. Provide information to determine whether the off -site stream that this ditch flows into is rated as a major or minor stream according to FWCC 22-1. • Provide a complete Process IV application as specified below in Section 3. 1. Results of the Background Review The Pierson property is located near North Lake, between S. 334'h Street and S. 336`h Street. This 3.56-acre property is divided into four lots (A through D). Lots A and B consists of a Christmas tree farm, shed, upland mixed forest, and disturbed areas dominated by non-native invasive species. Lot C contains upland mixed forest, three wetlands, and a stream. Lot D contains the Pierson house, a septic drain field, shed, and landscaping. Proposed development of this property involves constructing a driveway from S. 334`� Street in order to provide access to Lots A and B. This 15-foot-wide driveway would extend south from S. 334'h Street along the western boundary of Lot C and then turn southwest into Lot A. This driveway would follow a 20-foot-wide easement along the west edge of Lot C, while maintaining a 5-foot setback from the adjacent property. In addition, the southwest corner of Lot C may be developed with driveway access from S. 336`h Street. In 2005, Ecological Solutions identified three wetlands (designated as Wetlands 1 through 3) and a stream along the eastern side of Lot C. These critical areas were described in the Ins a& hvellavrl IJa."eohoo, Kz�jCarrny, 9"Zr/r��loxprepared by Ecological Solutions. All three of these wetlands extend off -site to the east, and the off -site portions were delineated by Talasaea Consultants as part of the Quadrant East Campus project. According to the King County critical area ordinance regulations in effect at the time, these wetlands were classified as Category 2 and the stream as a Class 3 stream. The boundaries and classification of the wetlands and stream were verified by King County staff in 2004. In 2006, after this area was annexed by the City of Federal Way, Ecological Solutions prepared the �IriWffAw1a113ePre7oa fflellrrrrd.Vkll�vzdf nthat re-classified the three wetlands and stream based on FWCC. According to Ecological Solutions, under FWCC 22-1357(a), Wetland 1 should be classified as a Category III wetland with a 50-foot buffer (because it is larger than 10,000 square feet), while Wetlands 2 and 3 should be classified as Category III wetlands requiring 25-foot buffers. According to Ecological Solutions, the ditch at the north end of the property, which was rated as a Class 3 stream by King County, does not meet the definition of a stream in FWCC 22-1, and therefore should not be regulated: K:\project\ 30800\ 30879P\ Reports\ Pierson012907M.doc City ofFederal Way Jettri�iis��4rear'14.r1e�fr�ierr�f rl�rerrori Aro�ery 2. Results of the Site Visit Page 3 fa"ayy29, 2007 On December 17, 2006, Doug Gresham of Otak conducted a reconnaissance of the Pierson property to assess wetland and stream conditions. Our findings from the background review and site visit are discussed below. 2.a Wetlands During our site visit, we located most of the wetland flags placed by Ecological Solutions. As required by FWCC 22-1 (Weiland Definition), they followed methodology specified in the March 1997 l,�zr®r &Slate hF'kllandrldetrirf�rkzmv,maDelirrealrarrlllarrual(Department of Ecology publication No. 96-94) to identify Wetlands 1 through 3. We generally agree with the Ecological Solutions boundaries of Wetlands 1 through 3. Wetland 1 is located on Lot C in the southeast corner of the property, and it extends off -site to the south. The on -site portion of this forested wetland is connected to a off -site mitigation site that is predominately emergent. The combined area of both on- and off -site wetland is approximately 0.5- acre. The dominant vegetation includes red alder (�4ltrrtrrrtdr�, western red cedar (.MOMcat , vine maple (�4cercrrcritrrditrf�], salmonberry (Xudrtr n6Elrr�, and slough sedge (Ca1r_r&1 .V.A4. We agree with the Ecological Solutions classification of Wetland 1 as Category III according to FWCC 22- 1357(a) with a buffer width of 50 feet according to FWCC 22-1357(b)(3). Weiland 2 is located on Lot C in the south central portion of the property, and it extends off -site to the east. The combined area of both on- and off -site wetland is estimated at 8,242 square feet. The dominant vegetation includes red alder, western red cedar, vine maple, salmonberry, and slough sedge. Wetland 2 is directly hydrologically connected to Wetland 1 through a small man-made ditch. As a result, Wetlands 1 and 2 constitute a single wetland. Although the boundary line adjustment map combined Wetlands 1 and 2, the /a 113e continues to identify them as two separate wetlands. We agree with the Ecological Solutions classification of Wetland 2 as Category III according to FWCC 22-1357(a). However, we disagree with a buffer width of 25 feet assigned by Ecological Solutions. Because Wetlands 1 and 2 constitute a single Category III wetland with a combined area greater than 10,000 square feet, the combined wetland has a buffer width of 50 feet according to FWCC 22-1357(b)(3). Weiland 3 is located on Lot C in the east central portion of the property, and it extends off -site to the east. The combined area of both on- and off -site wetland is estimated at 5,978 square feet. Although this wetland is ringed by trees it is dominated by shrubs and therefore is predominately a scrub/shrub wetland. The dominant vegetation includes red alder, black cottonwood (Powlwr da&,zmri3j, salmonberry, hardhack (J iraeadot larx , slough sedge, and soft rush (jttrrcarAe x&�. Although there is a man-made ditch located between Wetlands 2 and 3, there was no hydrologic connection during either the site visit by Ecological Solutions or Otak. We agree with the Ecological Solutions classification of Wetland 3 as Category III according to FWCC 22-1357(a) with a buffer width of 25 feet according to FWCC 22-1357(b)(3). K:\ project\ 30800\30879P\ Reports\ Pierson012907M.doc City ofFederal Way Page 4 ierrr�kveflrearflrrerr�rerrffrPierrorrPraAery farrrsary29, 2007 2.a. I —Provide corrections on all site maps to show Wetlands 1 and 2 as a single combined wetland with a 50-foot buffer. 2.b Stream A ditch is located in the northeast corner of the property that drains north to S. 334th Street. During our site visit, we located most of the ordinary high water mark flags that had been placed along the banks of this ditch by Ecological Solutions. This ditch is approximately 170 feet long, varies from three to eight feet wide, and averages one foot deep. The banks of the ditch are lined by red alder, salmonberry, hardhack, Himalayan blackberry (Rsrdsrrarrrierrracxrr}, trailing blackberry (Xrcdrrrrrrrrnurj, and sword fern (l'olyrlid✓rrmmarrrirrrrr�. It appears this ditch was excavated to drain the northern end of the property, but it does not appear to be hydrologically connected to Wetland 3. The onsite ditch is located in a natural linear depression. It conveys water seasonally through a culvert under S. 33e -Street to a natural watercourse off -site to the north that drains to North Lake. This watercourse is considered to be a stream. Although the onsite depression was excavated in the past, there is insufficient evidence to conclude that it was not a natural drainage course before human modifications. This ditch was rated as a Class 3 stream by King County Senior Ecologist Greg Poels in December 2004. The King County Sensitive Areas Code effective at that time (KCC 21A.06.1240) defined a stream as IeT-v1rf• share arz"AlXrrg Corrrry where.=7"gcewaferr mdrrce ad rredcharrrrelorded, rratirrclrrdrrg irrr�vt�orr c11c/ ,canal, .riornr or.rrsrface rr�aierraJr a�devir�r oroihererrlrrn� r�rYxficraluarerz-orrrrcr; sirrlerr they are rrredy,ra, v&=1r arare rrredr'o carrveyfrrrar r rrafisral acc,�rrirg�rrorto corrr�YruYrorr in .arch r�alert'arrrr�r. " We disagree with Ecological Solutions' conclusion that this ditch does not meet the definition of a stream according to FWCC 22-1, which defines a stream as 'D,a�aavmearzra caurre orrnscie, j rrriedd� lw&re, rfrc/rdmghave hem ma,o Wnlly 1iwma",, arrdge»erally rorrrirhrrg afa c.6aarrelwil%r a ded, darrkror.rider�lmrbof rr�,rrrG,r�arrPraly allr�.r�rrgtfi, Qla�gwhach.rrrrfacerr�alexrrrarrra!! a�rdrrorrirallyfiarr•irrdravrrr�fmfrs hgheriolovrerelerrariortr fl xireamrree,V,VO `cnrrtrrire,Wairryearrvurrd Irr a level xis rertirrg rrrea> rnray nrrr irr csrlvertr ormay 6e charrirel-dirr a eig"tawk,, rvrc,6 oroiherarrifcialcorrveyarrce gxlem TfirrIle �o&arr irrrotmearriia iaclvde irrrgaryarr dxdche, lmlerr they are rrsedhy lwnl l ar arrvdrnmvur.ra/rvorrrdfir ardhefeairirx° rvarcorrrlrrrcedl� rortc rrarfrrtrlrtipamr rUhich erirred�rrorio mrrrlrrrrrfo» ofihe Aw1errorrrre. „ It has not been determined whether the ditch is rated as a major or minor stream (FWCC 22-1). Although we agree that this ditch is not utilized by anadromous fish, in order to qualify as a minor stream, it must be determined that a natural migration barrier occurs downstream of the property. 2.b. I —Provide information to determine whether the off -site stream that this ditch flows into is rated as a major or minor stream according to FWCC 22-1. Correct all site maps to designate the K:\project\30800\30879P\Reports\PiersonOI2907M.doc City ofFederad Way Page 5 1'e7r1hi,?- irearRire. men..farPrerr'o& P1Very frrrer�rrry 2-9 2007 ditch as a stream according to FWCC 22-1, and show the appropriate buffer for either a major (100- feet) or minor. (50-feet) stream (FWCC 22-1306). 3. Proposed Buffer Impacts and Mitigation The proposed clearing for a driveway from S. 334`h Street to provide access to Lots A and B would impact approximately 4,250 square feet of the stream buffer. Clearing for this driveway would require removal of approximately five western red cedar trees, two black cottonwood trees, and several red alder trees. Other vegetation that would be removed from the buffer includes vine maple, salmonberry, Himalayan blackberry, holly (Ilexayrrr!rf'�r], trailing blackberry, and sword fern. The proposed impact to the stream buffer constitutes a buffer modification [FWCC 22-1312(c)]. Stream buffer modifications require approval through Process IV evaluation and must satisfy six criteria [FWCC 22-1312(c)]. In addition, buffer modification may require approval of a buffer enhancement plan as part of the Process IV evaluation [FWCC 22-434(b)(6) and 22-1243]. The buffer enhancement plan should include (but is not limited to): mitigation sequencing information; goals and objectives; measurable/quantifiable performance standards; engineered site plans; grading plan; planting plan; plant schedule; installation and construction specifications; maintenance plan; five-year monitoring plan; as -built report and annual monitoring reports; financial guarantees; and contingency plans. The buffer enhancement plan should generally be consistent with specifications in Version 1, March 2006, Ecology Publication 06-06-011b [FWCC 22-1243 and 22-1270]. We observed that portions of the stream buffer are degraded and therefore provide opportunities for buffer enhancement through removal of invasive species and supplemental planting of native species that will develop into a coniferous forest community. 3.a. I Provide a complete Process IV application as specified in FWCC 22-434 including: stream buffer modification criteria; a buffer enhancement plan; and other required information. If you have any questions regarding this memorandum, please contact Doug Gresham at 425-739- 7937 or at doug.gresham@otak.com K:\pfoject\30800\30879P\Reports\PiersonOI2907M.doc ENVIRON January 25, 2013 Electronic Mail Mr. Dick Pierson 3516 South 336th Street Federal Way, WA 98001 Re: Pierson Driveway Wetlands Dear Mr. Pierson: RESUBMITTED AUG 15 2013 CITY OF FEDERAL WAY At your request, ENVIRON conducted a site investigation to determine if there have been any changes in wetland boundaries delineated on your properties in Federal Way. This investigation focuses on the three, undeveloped King County tax parcels (06143600657 [Lot C], 6143600451 [Lot B] and 6143600450 [Lot Al). As you know, I completed a wetland delineation in 2005 as required for your application to complete a boundary line adjustment that resulted in the three parcels identified above. The delineated wetland boundaries were confirmed by King County as stated in the Ecological Solutions' April 2006 addendum to the March 2005 delineation report. The purpose of this report is to update the wetland classifications as required by the City of Federal Way (City) for permitting the proposed driveway access road from South 334th Street to Lots A and B. Per Matt Herrera's pre -application conference summary letter dated April 10, 2012 and addressed to Mr. Eric LaBrie, ESM Consulting Engineers, it is assumed that the stream/ditch on the northern portion of Lot C is rated as major for the purposes of this proposed access road permit application. A brief summary of my findings and rationale for the wetland classifications is provided below. APPROACH The approach used to identify whether wetland boundaries have changed and to classify existing wetlands is provided as follows. Onsite Wetlands The onsite portions of existing wetlands were re-established and identified with red surveyor flagging by others based upon the initial surveyed wetland boundaries. Portions of my old wetland boundary flags were clearly visible in many locations where red flagging was hung re-establishing the delineated, confirmed, and surveyed wetland boundaries. The entire western boundaries marked by the red flagging were walked on November 27, 2012. There has been no change in wetland parameters within the wetlands. The absence of any continuous hydric soils and wetland hydrology between the two wetlands was confirmed by digging a soil pit in the middle of the narrow ditch between the south end of Wetland 2 and north end of Wetland 1. Collective observations that I have made over the years and those of the City's wetland consultant Otak and others were used to classify the wetlands using the Federal Way Revised Code (FWRC) 19.175.020. Otak's Doug Gresham completed a peer review of the wetland delineation and confirmed the delineated wetland boundaries as indicated in his January 29, 2007 Technical Memorandum titled Pierson Property Sensitive Areas Review addressed to Greg Fewins, Deputy Director, Community Development Services Planning Division, City of Federal Way. This Technical Memorandum is hereafter referred to as Otak. 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 2 - January 25, 2013 Offsite Wetlands Offsite wetlands were delineated by Talasaea Consultants (Talasaea) for the East Campus South Residential Development, which abuts this site to the east. Four lobes of a wetland identified as Wetland B identified by Talasaea are adjacent to the east boundary of Lot C. A fifth lobe is located in within and extends south of South 336th Street and the waterline easement. Though no wetland category is provided in the August 5, 2003 letter regarding Wetland and Buffer Restoration Plans addressed to Ms. Deb Barker, Associate Planner at the City, the letter does indicate that FWRC requires a 100-foot buffer. That document also indicates that Wetland B consists of a series of 5 wetland areas connected by narrow ditches. Talasaea assumed that there was hydric soil and hydrologic continuity and connectivity between all of these lobes in their June 2002 investigation. There is not continuous hydric soil or hydrologic connectivity as described by both myself and Otak. I examined the offsite lobes delineated by Talasaea during my onsite investigation on November 27, 2012. Total precipitation at Sea-Tac International Airport (NCDC Station 457473) was well above average for the months of October and November, drier than average in July and August, and wetter than average May through July. Table 1 shows the monthly total precipitation and standard deviation around the mean compared to the total monthly precipitation. Immediately preceding my site investigation weather has been much wetter than average. Table 1. Average and total monthly precipitation for Sea-Tac Airport (NCDC Station 457473) MAY JUNE I JULY AUGUST SEPTEMBER OCTOBER NOVEMBER AVGa 1.76 1.47 0.75 1.07 1.74 3.51 6.11 STD 0.87 0.84 0.53 1.04 4.35 4.91 2.79 2012b 2.05 2.96 1.04 0.00 0.03 6.71 8.28 a Long-term average for the National Climatic Data Center Station at Sea-Tac International Airport for the period of record from 1948 through 2012 httg--/Iwww.wrcc.dri.edu/cqi-bin/cliMAIN.pl?wa7473. b Monthly total precipitation. Two days missing data for November FWRC 19.175.020 Wetland categories and standard buffers The following Wetland categories and standard buffers in the FWRC are quoted directly from the current Zoning and Development Code accessed online December 12, 2012 at http://www.codepublishinq-comNVA/FederalWayJ: (1) Regulated wetlands are classified into the following categories: (a) Category I wetlands meet one of the following criteria: (i) Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or (ii) Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 3 - January 25, 2013 exchange areas, significant habitat or unique educational sites; or (iii) Have three or more wetland classes, one of which is open water. (b) Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: (i) Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or (ii) Are greater than one acre in size in its entirety; or (iii) Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by nonnative invasive species. (c) Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) Standard buffer widths for regulated wetlands are established as follows: (a) Category I wetlands shall have a standard buffer width of 200 feet. (b) Category I I wetlands shall have a standard buffer width of 100 feet. (c) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. This code was used to classify the wetlands and identify the required standard buffers. RESULTS The collective observations and results of onsite and offsite wetland delineation are used to update the previous wetland report and classify the wetlands. Reduction of the major stream buffer is required to permit the proposed access road under the City's Process IV procedure. A wetland/stream buffer mitigation plan (buffer enhancement plan) will be provided separately. There remain two wetlands on the site as shown in Figure 1. There are no surface water connections or continuous hydric soils between Wetland 1 and Wetland 2 as explained in more detail in the next subsection. Discontinuous Wetland Characteristics A test pit (Figure 1) excavated in the bottom of the narrow ditch constructed to drain the wetlands contained no positive indicators of hydric soils or wetland hydrology, despite the wetter than average conditions preceding this most recent investigation. The test pit was dug to a total depth of 17 inches below the ground surface. From 0 to 9 inches below the ground surface, there was a very dark grayish brown (10YR 3/2) gravelly sandy loam, which was moist but not saturated and contained no redoximorphic features. Below this layer from 9 to 15 inches was a dark brown (10YR 3/3) gravelly sandy loam, which was moist and approached saturation near the interface with the layer below but was not saturated. This second layer contained a few, fine to medium, redox concentrations. Beneath this layer from 15 to more than 17 inches below the ground surface was a light yellowish brown (2.5Y 6/3) to pale yellow (2.5Y 7/3) weakly cemented gravelly sandy loam layer. This layer appeared to be weathered glacial till. This layer also was unsaturated. About 50 percent of this layer consisted of -yellowish brown (10YR 5/6) and brownish yellow (10YR 6/8) redox concentrations. There were no positive indicators of hydric soils in the test pit. Rather, observed soils are consistent with and confirm the map unit designation of Alderwood gravelly sandy loam 0 to 6 percent slopes (Attachment A). Alderwood gravelly sandy loam soils are non-hydric. 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 Tel: +1 206.336.1650 Fax: +1 206.336.1651 www.environcorp.com Dick Pierson - 4 - January 25, 2013 Inclusions of hydric soils, such as those observed in the delineated wetlands, are much different. These are present within the Wetlands 1 and 2, which are located in depressions to the north and south of the topographic saddle. Typical hydric soils in the wetlands consist of a very dark gray (10YR 3/1) silt loam with abundant redoximorphic features in the surface layer. The surface layer is underlain by a very dark brown (10YR 2/2) sandy loam with common and prominent redoximorphic features as indicated in the original wetland delineation report. It is important to note the absence of any positive indicators of wetland hydrology in the topographic saddle between Wetlands 1 and 2 and that there have been significant changes in the catchment or contributing drainage areas to these wetlands. The topographic contours in Figure 1 clearly show there is a topographic saddle between Wetland 1 and Wetland 2. This is the area where the narrow ditch was excavated. The ground surface here is a foot or more higher than the shallow depressions where the closed depressional (Wetland 2) and depressional outflow wetlands (Wetland 1) are located. There was up to six inches of standing water in the offsite portion of Wetland 2 to the northeast of the north end of the ditch. The surface of the water was at least 12 inches below the bottom of the excavated ditch. Both Talasaea and Otak noted this ditch in their reports. Otak agreed that there was no hydrologic connection between the two wetlands. Even deeper standing water was observed in depressional areas within Wetland 1. Surface water elevation at the south end of the ditch was about 1.5 feet below the bottom of the south end of the narrow ditch between the wetlands at the time of my site visit. Furthermore, you have indicated never seeing any surface water in the excavated ditch between these wetlands in the 30 plus years you have lived on the property. Thus, it is clear that neither hydric soils nor wetland hydrology are present in the ditch or topographic saddle between Wetlands 1 and 2. Therefore, it is considered upland. Contributing drainage area to both Wetland 1 and Wetland 2 has been reduced by the Quadrant East Campus Residential development to the east. This reduction in the total area contributing to the hydrology of these wetlands has likely altered the hydrologic regime of these wetlands making them drier. According to your personal communication with Kevin Peterson, the Engineering Plans Reviewer for the City of Federal Way Public Works Department, roof runoff from residences in the East Campus development that would historically have contributed to shallow groundwater recharge and interflow to Wetlands 1 and 2 as shown by the topographic gradient in Figure 1 is now collected and routed to stormwater management facilities at the south end of that development thereby bypassing the wetlands. This has reduced the area draining to these wetlands likely contributing to reduced groundwater recharge and drier conditions. In conclusion, there is no wetland hydrology or hydric soils in the narrow ditch or topographic saddle between Wetland 1 and Wetland 2. As noted in Ed McCarthy's Level 1 Downstream Drainage Analysis Wetland 2 is within the north basin and Wetland 1 is within the south basin. Surface flow from the north basin is towards the north through the stream/ditch and the concrete culvert beneath South 3341h Street as depicted in Figure 1. Surface flow from Wetland 1, which is within the area identified by Mr. McCarthy as the south basin, is to the south. Wetland Classification The previously delineated, confirmed, and surveyed wetland boundaries on the site have not changed. Clear indicators of hydrophytic vegetation, wetland hydrology, and hydric soils persist within the previously identified wetland areas despite the considerable reduction in contributing drainage area from the Quadrant East Campus Residential development to the east. Wetland 1 contains two wetland vegetation classes: scrub -shrub and forested. As was noted in the original 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 Tel: +1 206.336.1650 Fax: +1 206.336.1651 www.environcorp.com Dick Pierson - 5 - January 25, 2013 report and has been confirmed by Otak, there are no listed species present, nor any documented habitat recognized by state or federal agencies for such species nor are there plant associations of infrequent occurrence, irreplaceable ecological functions, or wetlands of local significance as identified in FWRC 19.175.020.1.a.ii. Category II wetlands have a standard buffer of 100 feet, according to FWRC 19.175.020.2.b. Wetland 2 contains only one wetland vegetation class. In places, Himalayan blackberry, an invasive species, is a codominant species. Total area of this wetland is approximately 8,734 square feet as shown in Figure 1. It does not exhibit characteristics of either a Category I or Category II wetland and is thus classified as a Category III wetland. In 2007, the City's consultant (Otak) agreed with this Category III classification. Category III wetlands between 2,000 and 10,000 sq. ft. have a standard buffer of 25 feet, according to FWRC 19.175.020.2.c. Yours sincerely Scott Luchessa Senior Science Advisor I Certified Ecologist Enclosures: Figure 1. Delineated Wetland Boundaries and Standard Buffers Attachment A. Soils in the Vicinity of the Pierson Driveway 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Attachment A Soils in the Vicinity of the Pierson Driveway 47' IS 11' 47' 19' 0" Soil Map —King County Area, Washington (Soils in the Vicinity of the Pierson Driveway) Map Scab: 1:2,4401f pdnfadanAsze(95"x 11")sheet Md. q � 0 30 sa 120 ISO /l\V aet 0 IN 200 400 GOO USDA Natural Resources Web Soil Survey 12/12/2012 iiM Conservation Service National Cooperative Soil Survey Page 1 of 3 47' 19 11' 47' ISO' MAP LEGEND Area of Interest (A0Q Area of Interest (AOI) Soils O Sol Map Units Special Point Features V Blowout ® . Borrow Pit �{ Clay Spot Closed Depression X. Grovel Pit A Gravely Spot ® Landfill Lava Flow Marsh or swamp Mine or Quarry ® Miscellaneous Water ® Perennial Water v Rack Outcrop } Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip jor SodIC Spot $ Sped Area a Stony Spot Soil Map —King County Area, Washington (Sails in the Vicinity of the Pierson Driveway) MAP INFORMATION Very Stony Spot Map Scale: 1:2,440 if printed on A size (8.6" x 11") sheet Wet spot The soil surveys that comprise your A01 were mapped at 1:24,000. Other Warning: Soil Map may not be valid at this scale. Special Line Features Erdargement of maps beyond the scale or mapping can cause - Guy misundarstarMing of the detail of mapping and accuracy of soii Hne Short Sleep Slope ptacerrienl The maps do not show the small areas of cartrasUng soils that could have been shown at a more detailed Scala. Other Political Features Please rely on the bar scale on each map sheet for accurate map p Cities measurements. Source of Map: Natural Resources Conservation Service Water Features Web Soil Survey URL: http:/twebsoilsurvey.nres.usda.gov Streams and Canals Coordinate System: UTM Zone 10N NAD83 Transportation This product is generated from the USDA-NRCS certified data as of Rails the version date(s) listed below. N Interstate Highways Sal Survey Area: King County Area, Washington .,. US Routes Survey Area Data: Version 7, Jul 2, 2012 — Major Roads Date(s) aerial images were photographed: 7/24/2006 ; N Local Roads The orthophota or olher base map on which the soil lines were compiled and digitized probat Ay differs hom the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 12/1212012 "ism$ Conservatfon Service National Cooperative Sal Survey Page 2 of 3 Soil Map —King County Area, Washington Map Unit Legend King County Area, Washington (WA633) Map Unit Symbol Map Unit Name I Acres In AOI AgB Alderwood gravelly sandy loam, 0 to 6 30.6 percent slopes Totals for Area of Interest 30.6 Soils in the Vicinity of the Pierson Driveway Percent of AOI 100.0% 100.0% USDA Natural Resources _ Web Soil Survey 12/12/2012 � Conservation Service National Cooperative Soil Survey Page 3 of 3 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 vwaw.cif offederalwa .corn DECLARATION OF DISTRIBUTION I, L I rt+~ +r�ry hereby declare, under penalty of perjury of the laws of the State of Washington, that a: lk Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed )X e-mailed and/or ❑ posted to or at each of the attached addresses on 1 2013- Project Name ` S e c File Number(s) 3 - Signature ' Date 7 - K:\CD Administration Files\Declaration of Distributlon.doc/Last printed 1 /10/2013 10:35:00 AM CITY OF Federal Wray NOTICE OF MASTER LAND USE APPLICATION Project Name: Pierson Driveway File: #13-101108-UP Project Description: Proposed construction of a paved driveway located within a 100-foot stream buffer that will serve two single-family residential lots. Applicant: Richard Pierson, 3516 South 336`h Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south Frontage of South 3341h Street between 33rd Place South and 3 8`h Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Environmental Review: The proposed action is categorically exempt from review under the State Environmental Policy Act pursuant to WAC 197-11-800(1)(a) and Federal Way Revised Code (FWRC) 14.15.030(1)(a). Permits Under Review: Use Process IV pursuant to FWRC 19.165.070(3), and following procedures set forth in FWRC Chapter 19.70. Existing Environmental Documents: Final Wetland Inventory Report (July 19, 1999); Stream Inventory (November 29, 2001) Required Studies: Technical Information Report; Wetland and Stream Delineation; Buffer Mitigation Plan Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. A notice of public hearing will be issued at least 14 days prior to the hearing date. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development, 33325 8`h Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Doc. I,D. 63263 Tina Piety From: Mary Lou Goss <mgoss@fedwaymirror.com> Sent: Thursday, April 04, 2013 9:31 AM To: Tina Piety Subject: Re: Legal Notice All taken care of... Mary Lou Goss Office Coordinator/ Advertising Sales Consultant Office: 253-925-5565, Ext 3056 Internal: 02-3056 31919 1st Ave S, Ste 101, Federal Way, WA 98003 A Sound Publishing, Inc. Map Pdnt Rates Online Rates Media Kit Sound Info On Thu, Apr 4, 2013 at 8:20 AM, Tina Piety <'ina.Pie cit offederalwa .comma wrote: Good Morning Mary Lou, Please publish the attached legal notice (Pierson Driveway NOA, 12-101108-UP) in Friday's (4/5/13) issue. Please furnish an affidavit of publication. Thank you, Tina Piety, Administrative Assistant II Department of Community and Economic Development City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2601; Fax 253-835-2609 CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www. c i t ya f f ederalway.corn DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: P Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on Ar2013. Project Name 1 t C-r File Number(s) J 3 -/ / cad - Signature Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 10:35:00 AM CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Pierson Driveway File: #13-101108-UP Project Description: Proposed construction of a paved driveway located within a 100-foot stream buffer that will serve two single-family residential lots. Applicant: Richard Pierson, 3516 South 336`h Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334 h Street between 33'd Place South and 38`h Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Environmental Review: The proposed action is categorically exempt from review under the State Environmental Policy Act pursuant to WAC 197-11-800(1)(a) and Federal Way Revised Code (FWRC) 14.15.030(1)(a). Permits Under Review: Use Process IV pursuant to FWRC 19.165.070(3), and following procedures set forth in FWRC Chapter 19.70. Existing Environmental Documents: Final Wetland Inventory Report (July 19, 1999); Stream Inventory (November 29, 2001) Required Studies: Technical Information Report; Wetland and Stream Delineation; Buffer Mitigation Plan Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. A notice of public hearing will be issued at least 14 days prior to the hearing date. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal. the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and environmental documents are available for public review during normal business hours at the Department of Community and Economic Development, 33325 8"' Avenue South, Federal Way, WA 98003. Staff Contact: Associate Planner Matthew Herrera, 253-835-2638 Doc [D 63233 Official Notification Boards until May 6, 2013. 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The City of Federal Way makes no warranty as to its accuracy. n O O M CD O 11') It O O CD M V O ��0 Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name; Pierson Oriveway File: 913-101108-UP Project Description: Proposed construction of'a paved driveway located within a 100-foot stream buffer that will serve two single-family residential lots. Applicant: Richard Pierson, 3516 South 336th Street, Federal Way, WA 98001 Project Location: King County Parcels 614360- 0450 & 614360-0657. Site Is located along the south frontage of South 334th Street between 33rd Place South and 38th Avenue South. Application Received: March 8, 2013 Determined Camp lete:April 2, 2013 Notice at Application: April 5, 2013 Environmental Review: The proposed action is categorically exempt from review under the State Environmental Policy Act pursuant to WAG 197- 11-800(1)(a) and Federal Way Revised Cade (FWRC) 14.15.030(1)(a)_ Permits Under Review: Use Process IV pursuant to FWRC 19.1)55.070(3), and following procedures set forth in FWRCChapter 1930. Existing Environmental Documents: Final Wetland Inventory Report (July 19, 1999); Stream Invento- ry (November 29, 2001) Required Studies: Technical Information Report; Wetland and Stream Delineation; Buffer Mitigation Plan Development Regulations Used for Project Mitl- gaffon: FWRC Title 14, "Environmental Policy'; Tr. Ne 16, "Surtaca Water Management"; and Title 19, ."toning and Development Code" Public Comment & Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering These comments to the Community and Economic Development Department prior to the public hearing date, of by giving these directly to the Hearing Examiner at the public hearing. A no- fice of public hearing will be issued at least 14 days prior to the hearing date. Only the applicant. persons who submit written or verbal comments to the Hearing Examiner, or persons who speciti-i tally request a copy a! the written decision may appeal the Hearing Examiner's decision. Detalls of appeal procedures f& the requested land use deci-' sion will be included with the written decision. Availability of File: The official project file and en- vironmental documents are available for public re- view during normal business hours at the Depart- ment a$ Community and Economic Development, 33325 8th Avenue South, 4deral Way, WA 98003. Staff Contact Associate Planner Matthew Herrera, 253-835-2638 Date Published: April 5, 2013 FWM1997 _1P_LVW1 31919 1 ti' Ave S, Suite 10 1 1 Federal, Way, WA 98003 1 253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a weekly newspaper. That said newspaper is published in the English language continually as a weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way - Economic Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 5th day of April 2013, and ending on the 5th day of April 2013, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $112.48, which amount has been paid in full, or billed at the legal rate according to RCW 65. 16.020. Subscribed to and sworn before me this 30th day of April 2013. Notary Public in and for the State of Washington, 4�1'•j1'.�;Pdlffr h�INS\ tic U l' ��►'*/ A � Q~� �,�p,►.551Cy�. �ar��' Q•�O -ro, y,� DEC �►� 7$ '.d, 2013 �; A Q °Pr/A-ffi 4rYY+ PO Residing at Federal Way Page 1 of 1 41� CITY Of - -•° Federal Way 11xr � k t+a:. r• �»- Cntt�n'vrt-v llfF.vKt. nrear'.rr era. at •ram PO •i5l.fiti::N,7; I'bx wn .: ti�+tTxlcr�fe��t)'•�+gym SIGN INSTALLATION CERTIFICATE Pwjl . i Name:/M. IIRjcrt f ile No: /.' 40 � 4�43---j:;_> a._ InstaticJ [):'Ate nt Ite<ttuEl ttitrll;AWJ 1 /.J [:D;;lttiirn <ait>:>•anl{:aiiYn �- .. ., .. _ - - .- ., �.' � - rb re . x ,�r. . .. � . .r'• . e war.."� -_ ll �_ y�.'•b-I I• • ♦��rr'� l hcr63 trstilj' that the sip ifvelalled I-uliy eontplick `A•ith the ittrrillivion quuld.1rck ofthe Mpattmeni vi'C'[ttttnttmta:t?' Ih:`:cktptrnttt Service's " Tnsrrttutirtn•, 1 N' 0bt4Lir6t:b & Nct•.;tittii Nblic trulicatiatl 5i} ttc" tnd That the �o_n wi�i be nnainiairwd until a f ual 1ii'I(i o'0li is issucd llt] tl]CG 1 ind n;r :ic,;inn uaiderxla,ad thal [sill re to return thin eertifictittr..sithin Rate tlt►yo of rualirrd MAY result in drinyx, notice of eorrectiom, and rr-mall{RP ttt 1hC u{S{tlietAlli'tt ex-I'mnsr. InA[sllcr'x 5c;:nstwrr 1�ttt0 5V36,16 I`,.- 1 ��, 1; 71.71'.inril:�'•I;!-� ln:lullstr.ai: Ci �PIi At. https://3warhg.bnl.livefilestore.com/ylmilfclmO2 sL4neRc gi?ca5TjtK6BS0A3bwzuoV... 4/15/2013 T /T ,asvd AId 9b=c0 eTOZ'9T'-Tdv 47 'Al l'r Fi ,z e- jkSubject F.4operty,L r � �y i i • Cn.- ilk 3Pti+ . ' ay ;. �.. t S S I =?'"r r , fir. �.• _ ' -L ! GoogIe earth 7 s Oat- lay, �� wcir�Dr+x^r�d�y �� -:•.;' it `_ ��;,;•s�- _ , �+. �`_yy;- + �'e■ N ? 1 li/� � `' ��^fin •�+ _•��_y �- � - 77 •� lam. .. r ,�•.. , . .V "r ,: �'.+'.•. --+5�333Pd•S� '�' � ,' �� Subject Prvoeriy �orr.1..+?-.� r'j 176�SlrCJ�• ul . �.� .. :I i� Y� f'•G �r #. •tT • i• .T Q'lcl �� } 44 s CITY OF � Federal Way (Pierson Driveway This map is a graphic representation only. The city makes no warranty to its accuracy 0 50100 200 Feet I I I I I I I I I N 4111kk� FederalOF Way MASTER LAND USE APPLICATION ARTMENT OF COMMUNITY DEVELOPMENT SERVICES EIVED 33325 81h Avenue South Federal Way, WA 98003-6325 MAR 4 8 2013 253-835-2607; Fax 253-835-2609 w ww.ci tyoffederalwgy.com l C) CJ `� � � D (5i aF FEDERAL WAV Cos APPLICATION NO(S) Date t 7 ®/ 3 Project Name 1 t e y,6 avl D f i Ue_\A) e._ 11 Property Address/Location 11:4 571;. FC d ".L 1 .� V , U) Parcel Number(i) Project Description ,A S 4y Lte_4i?t.A &,nTv A e G e s S T%_oo PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) �r Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information 41� Zoning Designation ■ Comprehensive Plan Designation Value of Existing Improvements '7Qg QOCI + Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type ■ Applicant }} �} Name: � ", h •c r 11� Address: 3 S/410 3 3 - City/State: Fe Zip: 4) 0660 i� Phone: 2! 3 -- 9 2 7— 7 Fax: -! Email: E-C 0 h.O F-41res4e i Signature: t 6�r � U� Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: �,��rcv� !►+. eatI r=. P_I c�Y'S °�'t Address: �',P iA+I,ti Ci tyistate: �e P ra WAY, Zip: 9A I Phone: 2 S3 - J 2 7— 7'''+ (; Fax: _ c. A4 Email: fCoVkO Fo Y,es4et SAl. e.40?" Signatu Bulletin #003 — January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application March 7, 2013 RECEIVED Mr. Matthew Herrera MAR 0 8 2013 City of Federal Way Community & Economic Development Department CITY OF FEDERAL WAY 33325 8th Avenue South Federal Way, WA 98003 Re: File #12-101079-00-PC, Master Land Use Process IV Application, Pierson Driveway, Parcel 614360-0657, Federal Way Dear Mr. Herrera: The objective of this application is to obtain City of Federal Way permits to construct a driveway across an existing easement to access two residential building lots which were environmentally reviewed, approved and recorded in a BLA process with King County in 2005. The two lots are each just over 19,000 square feet and the proposed driveway is 317 feet long on site and 16 feet wide surfaced with both impervious and porous asphalt of just over 5,000 square feet. As you know I worked with City's Greg Fewins in 2006-7 and paid for a city recommended wetland consultant to review the wetland assessment report that I had commissioned for the King County BLA. This review concluded that I would have to pursue a city Process IV Application to proceed with the driveway construction within a steam buffer. Subsequently your pre -application conference letter of April 10, 2012 specified that unless a natural fish blockage can be documented it would be determined that the stream is rated major and the driveway construction would require a Use Process IV approval for permitting action. Therefore I am filling the attached Master Land Use Application for a consolidated Use Process IV review containing the specifics of the check list you provided prepared by my consultants including reports and plans for mitigating the intrusion of the driveway into the stream buffer. Specifically these check list reports and plans address the following criteria (a) through (f) set forth in FWRC 19.165.070(3): a. The proposed project will not adversely affect water quality; The driveway will add less than 5,000 square feet of new impervious surface area. Potential pollutant loadings from the driveway surface will be low because the driveway will access only two homes and therefore will receive low traffic volume. Stormwater from the paved surface will be treated by dispersing it from the edge of the driveway, though a dispersion system and then into native soil. Stormwater runoff will be effectively treated by filtration, adsorption, and microbially-mediated processes within the soil. b. The proposed project will not adversely affect the existing quality of wildlife habitat within the stream or setback area; Habitat quality within the existing setback area has been degraded by historical disturbance, habitat fragmentation, and introduction of non-native and invasive plant species. The habitat quality of the setback area will be enhanced by removing invasive plant species and replacing these with a more diverse assemblage of native plant species. Non-native elm tree saplings, Himalayan blackberry, English ivy, English holly, and reed canarygrass within the stream setback area will be removed. Buffer structure and function will be enhanced by planting native trees and shrubs that provide cover and food for wildlife. c. The proposed project will not adversely affect drainage or stormwater retention capabilities; The drainage plan for the proposed driveway will maintain natural flow paths that occur on the site. Flow control best management practices (BMPs) including porous pavement and flow dispersion into native vegetation will be used to manage runoff from the driveway surface. These practices mimic natural hydrologic processes by infiltrating water into the native soil. d. The proposed project will not lead to unstable earth conditions nor create erosion hazards; A temporary erosion and sediment control (TESC) plan will be implemented during construction to maintain stable site conditions as the project is constructed. The site is flat and has low erosion potential. The vertical alignment of the driveway has been designed to reduce grading activity and minimize potential for soil erosion. The site will be graded and the driveway will be paved during a reasonable construction window, thereby reducing exposure to weather. e. It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space; The properties involved are currently zoned Single -Family High Density Residential RS 9.6 permitting four houses per acre. Plans for only two single- family lots are consistent with the city's land use and density policies and utilize existing vacant land adjacent to city and utility district infrastructure. In addition, the mitigation plan will enhance the function of the stream buffer and nearby wetlands and Native Growth Protection Area of the North Lake Ridge subdivision. f. It is necessary for reasonable development of the subject property. Having lived adjacent to these properties since 1975 and owned them since 1983, 1 have always considered them as large lot single family housing sites similar to my own home. However lots A and B are currently unbuildable for lack of access to a public street and utilities and therefore the proposed driveway access is necessary for the development of the subject properties. Your help in this process is appreciated and I await your guidance relative to next steps needed to complete this project. Sincerely, Richard Pierson Owner 3516 S. 336th St. Federal Way, WA 98001 Y OF �leral Way DEPARTMENT OF Coivimu m AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.ciiyoffederalway.cor n DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretatbn ❑ Land Use Decision Letter B Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pelrnit ❑ Adoption of Existing Environmental Document ❑ Other was Zmailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on d r- 1 C 2013. Project Name File Number(s) Jb I % Dg Signature Date �� -f 9 - f � g K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1/10/2013 11:39:00 AM CITY OF - Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Friday, January 10, 2014, in the Federal Way City Council Chambers, 33325 8 h Avenue South, Federal Way, WA. Project Name/File Number: Pierson Driveway - #13-101108-UP Project Description: Paving of an existing ingress/egress and utilities easement to serve two single-family residential lots. Paving and stormwater management improvements are proposed within a 100-foot stream setback. Applicant: Richard Pierson, 3516 South 3361 Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 33e Street between 33rd Place South and 38h Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 0 c Requested Decision: Applicant has requested improvements within a stream setback area and clearing/grading plan approval not associated with a proposed building or land development activity. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to FWRC 14.15.030(1)(a) and Washington Administrative Code 197-11-800(1)(a). Existing Environmental Documents: Citywide Final Wetland Inventory Report(July 19, 1999); Citywide Stream Inventory (November 29, 2001) Development Regulations Used for Project Mitigation: FWRC Title 14, "Environmental Policy'; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comments and Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision once made may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the. written decision. Availability of File: The official project file and existing environmental documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8'h Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera - Associate Planner, 253-835-2638 Doc- I.D. 64699 N cn a , Q- 0 p 0 O O Q - O O O CO O O O N 0 0 0 0 0 0 0 C> O C7 O p O C7 O O O fq C O Cl O 0 Cl 0 0 0 0 0 00. 00 00. 00 00 00 00 - 00 00 00 M 00 00 00 Oct 00 00 00 00 00 00 00 0% 'O, Q+ T 0,.; O1 ch - O, O, a p0 O, O1 O, as O\ O, 4\ 0% a, O, O, oc.o Q:dQ:dd(D C)CodQoada' odd ddc`ry ddddddd 0��333;33� 33000 0000 ¢ 00 33 003333333 zO, O. O, O+ a y, m 0, ?, a, as �, 3 as y �+ y+ a, >1 _, d Q•d �, d¢ d Q d d d Q d d d s� d Q d d Q d Q d Q d d d d �, 333 ,3a3�333�3.33333� ; 333 3333333333 a al -I �aaaaa fsl W W W pq W w - W LQ 0 W A W W W w © W rQ�q u W Q w� w A Q p A A A A A A LT,d¢ w rx3 w w w .r r ,� y- t/1 ' C> 43 r �.ti . 3 d NGo rn on CA on uJ W Era W w. 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I I r I!1 215461TRCT = �• 21546e-6036 I r t � � 21546&TRCT 2154e6-0020 1ef i z+s4e6.00+a" Legend King County Tax Parcels Subject Properly Notified Properties ! r` f 215466-0040 , 'sr+ 6143804520 i { 1 814360U515 fa141 ..r rn 4x„<,�„�„tS 33tST P a 81 145�70 16141.6310 f814S�R00 6143600585'B18f4LC32R16[4fv:.M, �018140. pf 6143a0.0B14, 1 814380.0500 i 61e740•; {! 0910 i 614360-0490 pj { 814380-0817 loyal i , � 818740. ataaoa4ea 0960 1 S 3 e143M-" i 3 I 1 618140.1010 143- U, i �111-1, 6143wosr3 618143-0940 —jIata�'s430�,, ao4o N �erar_�J _� i61B143-0940 . 611 d143� 81�� 0 � 816�43-n,836 1 61D i s 335�L � ia143.i 6791 � I 0820 OSBOCT W: r� 1fY ` f OII7a Ba - { 0' e, 618143-0990 A� afe743- e1�i7S1}. 0e70 '. a,aiae�fp -6f814& S a1e1 e19,4E• t�141 F. TSl r o'er < o7aape,ar4s 'arra,v�43. m ase�ia3-, oe,a , oa as,a y i a ; wm ! �a143{778k�F �taf43A51a 819143-0950 , ' ,8,814.1CB50•�7 e1 T49.0500 �.,,'+7.- �/ et4, 43{i8e0 ,49.a4PG , Q, 3g747-�i7ar-51 --� T43 3 eAle1-, % d1(434//r14 v141 WH 1-0,00, • is •. ,�fsIRTa " _' - 4A$ 014M=," 8181430970 rr � - I 1 2154WTRCT ' 6181434910 ata1430100 / 6181430920 m� �M ; &r. dF'I, '" v '" .9 r-+i Scale: ;& Fed-*aI Way N 0 125 250 Feet 1 ' This map is intendro far ua4 a, a gmoiCu1 roFr48en1aaon nnlp The Citf of Fedw 4k way msen no w MY as to its a= racy. 0n CO O O CO M CO O v 0 0 CD 0•M O w U CIT Federal Way DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederalway,com DECLARATION OF DISTRIBUTION hereby declare, under penalty of per of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significarce (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Pemnit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed Me -mailed and/or ❑ posted to or at each of the attached addresses on g 2013. Project Name File Number(s) ) 3 -) 01) o 8 Signature Date ) )_ / 9-- ) K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /10/2013 11:39:00 AM Posted Sites: Federal Way City Hall: 33325 8h Ave South Federal Way Library: 34200 lst Way South Federal Way 320h Library: 848 S. 320Ih St K:\CD Administration Files\Declorclion of Distribution.doc/Last printed 1 /10/2013 11:39:00 AM CITY OF Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2.00 p.m. or soon thereafter on Friday, January 10, 2014, in the Federal Way City Council Chambers, 33325 81, Avenue South, Federal Way, WA. Project Name/File Number: Pierson Driveway - #13-101108-UP Project Description: Paving of an existing ingress/egress and utilities easement to serve two single-family residential lots. Paving and stormwater management improvements are proposed within a 100-foot stream setback. Applicant: Richard Pierson, 3516 South 336t' Street, Federal Way, WA 98001 Project Location: King County Parcels 614360-0450 & 614360-0657. Site is located along the south frontage of South 334t' Street between 33`d Place South and 38ffi Avenue South. Application Received: March 8, 2013 Determined Complete: April 2, 2013 Notice of Application: April 5, 2013 Requested Decision: Applicant has requested improvements within a stream setback area and clearing/grading plan approval not associated with a proposed building or land development activity. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to FWRC 14.15.030(1)(a) and Washington Administrative Code 197-11-800(1)(a). Existing Environmental Documents: Citywide Final Wetland Inventory Report (July 19, 1999); Citywide Stream Inventory (November 29, 2001) Development Regulations Used for Project Mitigation: FWRC Title 14, `Environmental Policy"; Title 16, "Surface Water Management"; and Title 19, "Zoning and Development Code" Public Comments and Appeals: Any person may submit written comments regarding the Master Land Use application to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit written or verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision once made may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file and existing environmental documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8'h Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera - Associate Planner, 253-835-2638 Doc ID 64699 Tamara Fix From: Tamara Fix Sent: Wednesday, December 18, 2013 9:58 AM To: 'Mary Lou Goss' Subject: Legal Notices Attachments: 33142173046.DOC; 33578257054.DOC Please print the attached two legal notices (Pierson Hearing, 13-101108, and Soltys NOA,13-105327) in Friday's (December 20, 2013) issue. Please confirm and issue affidavits of publication. Thanks and Merry Christmas! Pierson Driveway Buffer Enhancement Plan Prepared for: Mr. Dick Pierson Federal Way, WA Prepared by: Scott Luchessa ENVIRON International Corporation Seattle, Washington Date: February 2012 Project Number: 30-31178A RESUBMITTED AUG 152013 1_ ENVIRON CITY OF FEDERAL WAY CDS Contents Pierson Driveway Buffer Enhancement Plan Page 1 Introduction 1 1.1 Wetland and Stream buffers 1 1.2 Mitigation Sequencing 3 2 Buffer Enhancement Plan 5 2.1 Goals and Objectives 5 2.2 Removal and Control of Non-native and Invasive Plants 5 2.3 Native Plant Materials 6 2.4 Performance Standards 8 2.5 Maintenance and Monitoring 8 2.6 Contingency Plans 10 3 References 11 List of Figures Figure 1. List of Tables Table 1: Table 2: Table 3: List of Appendices Appendix A: Buffer enhancement and monitoring locations Plant material schedule for buffer enhancement Buffer enhancement area performance standards Maintenance and monitoring schedule Photographs of Existing Buffer Conditions Contents 9 ENVIRON Pierson Driveway Buffer Enhancement Plan 1 Introduction This buffer enhancement plan is proposed for the reduction in the buffer to the assumed major stream (ditch) from Mr. Dick Pierson's proposed driveway (File No. 12-101079-00-PC) off of S 334th Street to access two developable lots. Mr. Pierson owns King County tax parcels 6143600450 (Lot A), 6143600451 (Lot B) and 06143600657 (Lot C). An existing easement is recorded on Lot C for a future driveway to access Lot A and Lot B. A small intermittent stream/ditch on the north end of Lot C is assumed to meet the criteria of a major stream as defined in the Federal Way Revised Code (FWRC). The stream is clearly an excavated feature having a straight configuration and carries seasonal flow north through a culvert beneath S 3341h Street and ultimately to North Lake. It is approximately 170 feet long and varies in width from about three to eight feet. The depth of this feature is up to about a foot. The ditch is lined by red alder trees and a mixture of native and invasive shrubs and forbs. This degraded feature does not provide habitat for fish nor is it used by any fish. It also does not appear to support any amphibian breeding because it is too shady and lacks potential egg attachment sites but may be used for foraging or dispersal. For the purposes of permitting the proposed access road (driveway) to Lot A and Lot B under the City's Process IV procedure, it is assumed to be a major stream. Two small wetlands also are located on Lot C in the vicinity of the proposed driveway. The boundaries and classifications of these have been confirmed by the City of Federal Way. 1.1 Wetland and Stream buffers As shown in Figure 1, it is not possible to construct an access road from S 334th Street to Lot A and Lot B without encroaching into the stream buffer. The standard buffer for Wetland 2 (Category III) is maintained under the proposed driveway alignment though the effective buffer is reduced. Under Process IV, this proposed driveway is approvable provided the following criteria set forth in FWRC 19.165.070(3) below are met: (3) Other intrusions. Other than as specified in subsections (1) and (2) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process IV, based on the following criteria: (a) It will not adversely affect water quality; (b) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space; and (f) It is necessary for reasonable development of the subject property. These criteria are addressed in the cover letter for the permit application, which was produced in collaboration with Ed McCarthy, PE. Additional information on how the criteria are met is presented in the Technical Information Report prepared by Ed McCarthy, PE, PS and this buffer enhancement plan. Introduction 1 ENVI RON Pierson Driveway Buffer Enhancement Plan 1.2 Mitigation Sequencing There is limited driveway access to the legally platted lots. It is not possible to completely avoid buffer impacts. Access from S. 334th Street to Lot A and Lot B through Lot C is the least potentially environmentally disruptive alternative to identified environmentally sensitive areas (stream and wetlands) and thus minimizes potential buffer and stream and wetland impacts. Driveway access from S. 334th Street encroaches into the ditch (major stream) buffer but does not encroach into either of the wetland buffers. The ditch provides more limited water quality, hydrologic, and wildlife habitat functions than existing wetlands. A more detailed description of the potential impacts on these is described below. As part of our analysis, we looked at the alternative of providing access to the lots from S. 336th Street. Depending on the driveway access configuration from S. 336th Street, there might not be any encroachment into the ditch (major stream) buffer but there would be greater encroachment into the wetland buffers. Effective buffer widths would be similar for Wetland 2 (Category 111) but there would be significant encroachment along the majority of the west side of the buffer of Wetland 1 (Category 11). Such buffer impacts would likely have greater potential impacts on wetland water quality, hydrologic support, and wildlife habitat functions compared to access from the north. Any access options from S. 336't' Street would include proportionally more impervious surface area associated with a driveway at least 60 feet longer than the proposed configuration. Assuming a minimum width of 20 feet, there would be at least 1,200 sq. ft. more of new impervious surface area. This is almost 25 percent greater than the proposed driveway. The additional disturbance, encroachment into the buffers, and proportionally greater impervious surface area would translate to incrementally greater potential impacts on water quality and hydrology. Topography is steeper in this area, which increases the potential for erosion and delivery of sediment to Wetland 1 and downstream areas. Whereas access from S. 334th Street affects proportionally less buffer and is flat, reducing the potential for increased erosion and sedimentation impacts. Furthermore, the quality (structure and species diversity) of the stream and wetland buffer and thus potential wildlife habitat is more degraded to the north. Non-native and invasive species, including Himalayan blackberry (Rubus armeniacus), English holly (Ilex aquifolium), English ivy (Hedera helix), reed canarygrass (Phalaris arundinacea), elm trees (Ulmus sp.), and honeysuckle (Vinca minor) are abundant within and adjacent to the proposed access shown in Figure 1. By contrast, these species are far less common and abundant within the area where an access road could potentially be located from S 336th Street. Locating the driveway within the recorded easement and building a road from S 334th St. avoids and minimizes impacts to buffers, stream, and wetlands. The proposed pavement width is the minimum allowed that still meets code requirements. Total impervious surface area is minimized within the easement to a total area of about 2,944 sq. ft. Porous asphalt (2,320 sq. ft.) is incorporated into the driveway design to minimize the amount of new impervious surface area and reduce stormwater runoff. In addition, all stormwater runoff from the driveway will be conveyed to dispersion gravel at the east edge of the pavement. Stormwater from smaller storm events will infiltrate into the soil and runoff from up to a 25-year storm event would be similar to that for mature forest. Stormwater from larger events will sheet flow through the adjacent flat, riparian buffer a minimum of 20 feet, which will provide additional filtration and Introduction 3 ENVIRON Pierson Driveway Buffer Enhancement Plan infiltration before reaching the ditch. Estimated increase in the 100-year 15-minute peak flow rate is less than 0.1 cubic feet per second compared to existing forested conditions, according to the Pierson Driveway Technical Information Report prepared by Ed McCarthy, PE, PS (2013). This change is insignificant and there will be no adverse impacts to hydrology or water quality. Also, the existing easement and access minimizes fragmentation of remaining habitat and better preserves connectivity between onsite and offsite habitats, particularly to the higher functioning buffers and wetlands. Introduction 4 ENVIRON Pierson Driveway Buffer Enhancement Plan 2 Buffer Enhancement Plan The level of detail in this proposed mitigation (buffer enhancement) plan is commensurate with the potential impacts to the buffers and protection these provide to the existing degraded wetlands and aquatic resources in the vicinity of the proposed driveway. Mitigation plan components that should be included in more complex projects that have a greater potential to affect stream and wetland functions are not applicable and excluded here, which is consistent with existing mitigation planning guidance (Ecology et al. 2006). Buffer enhancement will be completed immediately upon completion or concurrent with driveway construction. The goals and objectives, methods for removing and controlling invasive species, and native tree and shrub plantings that will be used to enhance the remaining buffer are identified and discussed. Performance standards and maintenance and monitoring methods to be used to document achievement of the goals and objectives of the buffer enhancement are presented. Lastly, appropriate potential contingency plans are identified should the initial enhancements fall short of specified goals and objectives and performance standards. 2.1 Goals and Objectives The goals and objectives of the buffer enhancement plan are modest and have a high probability of success. They take into consideration the type, structure, and function of existing stream and wetland buffers as well as the need to balance resource protection and growth within the designated urban growth boundaries. Goals and objectives of the buffer enhancement are: • Replace degraded non-native and invasive plant associations in the ditch (stream) buffer with plant associations dominated by native plant species; Improve water quality protection functions by increasing woody plant density and filtration capacity; • Improve wildlife habitat by reducing the abundance and distribution of non-native and invasive plants within the buffer; • Improve wildlife habitat by increasing the structural complexity and diversity of native plants within the buffer; • Maintain or improve buffer function and protect existing stream and wetland functions and values. 2.2 Removal and Control of Non-native and Invasive Plants The first step in enhancing the remaining buffer is to remove and control invasive plant species. To reduce competition for light, water, nutrients, and other resources, non-native and invasive plants will be grubbed from the driveway easement and adjacent areas identified in Figure 1. Aboveground and belowground biomass of non-native elm trees and saplings, English ivy, English holly, Himalayan blackberry, honeysuckle, reed canarygrass and other non-native or invasive plants identified by the project engineer or mitigation specialist shall be removed from the driveway and adjacent buffer enhancement areas within the decadent deciduous forest. Removed biomass shall be properly disposed of offsite or shredded and used for mulch in disturbed areas within the buffer enhancement area. Buffer Enhancement Plan 5 ENVIRON Pierson Driveway Buffer Enhancement Plan Following installation of native trees and shrubs specified in Section 2.3 Native Plant Materials, non-native and invasive plants shall be controlled as specified in this section. A combination of, cultural, mechanical, and herbicide treatments will be used to control re-establishment or regrowth of invasive species. Areas cleared of non-native and invasive species within the buffer enhancement areas shall be mulched with medium fine bark mulch or arborist wood chips at least 3-inches thick. Such mulch will enhance moisture retention, nutrient availability, and infiltration of stormwater runoff; reduce potential erosion; and increase pollutant removal and retention within the buffer. Beneficial impacts of mulch, such as increasing moisture retention, nutrient availability, and infiltration, contribute to increased survival of plantings (Zink and Allen 1998; Cahill et al. 2005). Mussman et al (2008) reported mulch effectively reduced erosion up to 99% on fine and coarse sediments from Lake Mills in experiments simulating high and low rainfall on slopes of 5 and 15%, which are steeper than those in the proposed enhancement area. During the period of native plant establishment and monitoring, periodic removal of invasive species will likely be required. Mechanical removal can be effective in controlling some invasive plants. Some listed noxious weeds, such as Himalayan blackberry and reed canarygrass that sprout from root fragments missed during initial grubbing may require a combination of methods including spot applications of systemic herbicides. If herbicides are used, it is strongly recommended that only those herbicides, surfactants, and adjuvants approved for use in aquatic environments by the Washington State Department of Ecology, such as Rodeo® and Habitat® are used. A list of Ecology -approved herbicides, surfactants and adjuvants can be found online at htt ://www.ec .wa. ovl ro ramslw 1 esticides/r esticides.htmWadiuvant. These systemic herbicides are non -selective and must only be applied by a licensed applicator in accordance with manufacturer specifications. Those herbicides approved for use in aquatic environments have undergone thorough environmental impact review and have been shown to have little impact on aquatic organisms at the manufacturer recommended application rates. 2.3 Native Plant Materials A mix of native trees and shrubs will be used to enhance the structure and diversity of the existing forested plant communities. Decadent, deciduous forest is the dominant cover type adjacent to the proposed driveway. There are also small areas dominated by dense western red cedar (Thuja plicata) and noble fir (Abies procera), planted by the landowner. These will be thinned and replaced with native trees and shrubs. The mixture of trees and shrubs identified in Table 1 will be used to create native plant -dominated associations where non-native and invasive species have been removed and improve the species diversity and structure within the deciduous forest. Underplantings of native trees and shrubs will improve the structure and ultimately create a multi -layered tree stratum where there is now only an even -aged structure. Buffer Enhancement Plan 6 ENVIRON Pierson Driveway Buffer Enhancement Plan Table 1. Plant material schedule for buffer enhancement. Spacing Scientific Name Common Condition in Feet Comments Quantity Name on Center Groups of 2or 3 in open Fraxinus latifolia Oregon ash 2-gal container, min. height 3.5 ft. Irregular areas near the east boundary of Lot A and 6 scattered individuals Picea sitchensis Sitka spruce 2-gal container, min. height 2.5 ft. Irregular Scattered individuals and groups of 2 or 3 12 Populus balsamifera ssp. Black 2-gal container, Irregular Scattered individuals and groups of 2 in the 5 trichoca a cottonwood min. height 3ft. open area near Lot A Live stakes, min. Groups of stakes near Salix lucida var. Pacific willow 0.5-in. diameter x 3 1.5 ft o.c. the Wetland 2 boundary 18 lasiandra ftIon Thuja plicata Western red 2-gal container, Irregular g Scattered individuals 2 15 cedar min. height 3.5 ft. and groups of Total 56 ' Shrubs Corpus sencea Red -osier 2-gal container or bare root, min 6 to 9 Groups of 3 to 4 plants and scattered 24 dogwood hei ht 2.25 ft.* individuals Crataegus Douglas 2_gal container Irregular Scattered individuals 11 dou lasii hawthorn Gaultheria Salal 1-gal container 3 to 6 Groups of 4 to 5 plants I in open area near Lot A 18 shallop 2-gal container or Groups of 4 to 5 plants Mahonia Tall Oregon bare root, min. 6 to 9 in the open area near 40 aquifolium grape height 2.5 ft. Lot A 2-gal container or Groups of 4 to 5 plants Physocarpus Pacific bare root, min 9 to 12 and scattered 36 capitatus ninebark hei ht 2.25 ft.* individuals Pink- 2-gal container or Groups of 2 to 3 plants Ribes flowering bare root, min. 3 to 6 near the east boundary 16 sanguineum currant height 2.5 ft. of Lot A Rosa nutkana Nootka rose 2-gal container, min, height 2.5 ft. 3 to 6 Groups of 10 to 15 P12nts 50 1-gal container or Rubus spectabilis Salmonberry i bare root, min height 2 ft. 3 to 6 I Groups of 6 to 8 plants I Total 30 I. 225 Buffer Enhancement Plan 7 ENVIRON Pierson Driveway Buffer Enhancement Plan To discourage future access into the buffer as well as increase water filtration capacity, groupings of prickly shrubs are proposed in existing open areas and newly cleared areas adjacent to the driveway. Adjacent to Lot A, there is an open area. Alternating, large groups of tall Oregon grape, Nootka rose, and salmonberry are recommended in this open area. In shadier areas, Nootka rose and salmonberry are better candidates being shade tolerant. All spread vegetatively once successfully established and will form dense thickets. Larger shrubs and trees will be planted behind these. Deciduous trees (Oregon ash, black cottonwood, and Pacific willow) are intended mostly for the open area (grassland) adjacent to Lot A. Companion plantings of individual conifers (western red cedar or Sitka spruce) can be placed east of deciduous trees and interspersed elsewhere in the deciduous forest dominated by decadent red alder. Red -osier dogwood, Pacific ninebark, and Douglas hawthorn will all tolerate more mesic conditions. Pink flowering currant and salal prefer drier conditions. This suite of native plants will improve the habitat structure and complexity by reducing or eliminating invasive species, creating additional breeding and feeding opportunities, and increasing plant species diversity. 2.4 Performance Standards All performance standards are relative to existing conditions. Density of woody shrubs within the buffer is relatively low because of the shade created by western red cedars in the driveway easement and existing open area (grassland). Photographs (from established points and aerial) combined with proposed monitoring will be used to demonstrate that identified performance standards have been met. All standards (Table 2) are reference to year five, the minimum duration of required monitoring, according to FWRC. Assuming construction of the driveway in 2013, the fifth full growing season would be 2018. Progress towards achieving these standards the first four years of monitoring will be gaged by characteristics (composition and total areal cover) of native and invasive species within the buffer enhancement area. - Table 2. Buffer enhancement area performance standards. Type_ Performance Standard Water Quality — 1 Increase the filtration function of riparian buffers by increasing the density of oody vegetation Habitat — 1 Increase the native plant species diversity by establishing populations of at least fivespecies not now present in the buffer Habitat — 2 Improve the forest structure by establishing anew cohort of trees Habitat — 3 Provide additional feeding and breeding opportunities by establishing multiple tiers of vegetation shrubs and trees Habitat — 4 Greater than 65% total cover of native trees and shrubs within the enhancement area Habitat — 5 Total invasive plant cover less than 15% All standards apply to conditions five years after enhancement has been completed. 2.5 Maintenance and Monitoring Regular maintenance is necessary for the successful control of invasive species and establishment- of native plants. Herbivory by rodents (voles or mountain beaver) or deer does not appear to be a problem at this site. Thus the biggest threat to the successful establishment of native plantings is competition with non-native and invasive plants for limited resources. Control of Himalayan blackberry, reed canarygrass, and other weedy species through application of an integrated pest management plan, such as regular mechanical removal of Buffer Enhancement Plan a ENVIRON Pierson Driveway Buffer Enhancement Plan aboveground and belowground biomass, application and renewal of mulch, and spot herbicide treatments is an effective means of controlling non-native and invasive plants. It is recommended that monthly inspections be conducted at a minimum for the first two growing seasons. Appropriate maintenance actions can then be taken to promote successful native plant establishment. Any annual or perennial weedy species that colonize mulch (arborist wood chips) placed in a 2- to 3-foot diameter circle around plantings, shall be removed and then mulch renewed for at least the first two years (see Table 3). Mulch should be a minimum of 3 inches thick except where in contact with the stem of arborescent shrubs and trees. For arborescent trees and shrubs, mulch should be pulled back away from the stem so that there is little if any mulch in direct contact with the stem. Watering is recommended between approximately May and September for the first two growing seasons. The frequency of watering will depend on precipitation and temperature patterns. In general, plants should receive an inch of water a week, particularly during the summer drought (July through September). Use of a soil moisture retention polymer, such as SoilMoist@, in the planting holes and mulch will help to retain water and reduce the frequency of required watering. Soil moisture retention polymer shall be applied in all planting holes with sandy loam soils as specified by the manufacturer. At a minimum, all planted shrubs and trees shall be watered an inch per week during the summer drought the first two growing seasons after installation is completed. Adaptive management and monitoring will be implemented. The minimum maintenance and monitoring specified in Table 3 will be conducted. Monthly maintenance inspections will be conducted and these will be used to specify more frequent maintenance if appropriate. Monitoring will be used to verify incremental progress is being made, document that performance standards are being met, and determine whether or not contingency measures may need to be implemented. All years specified in Table 3 assume that the driveway will be constructed in 2013 and plantings installed in the fall of 2013. Buffer Enhancement Plan 9 ENVIRON Pierson Driveway Buffer Enhancement Plan 2.6 Contingency Plans Contingency measures may include grubbing invasive species or completing supplemental plantings of native plants necessary to meet specified performance standards. Implementation of maintenance, maintenance inspections, and monitoring and adaptive management (if necessary) should eliminate the need for any contingency measures. Small-scale buffer enhancement is easily achieved provided identified maintenance is implemented. Monitoring reports will clearly demonstrate whether maintenance is being completed as recommended. Buffer Enhancement Plan 10 ENVIRON Pierson Driveway Buffer Enhancement Plan 3 References Cahill, A., L. Chalker -Scott, and K. Ewing. 2005. Wood -chip mulch improves plant survival and establishment at no -maintenance restoration site (Washington). Ecological Restoration 23:212-213. Ecology et al. 2006 (see Washington State Department of Ecology and others. 2006) McCarthy, E. 2013. Pierson Driveway Technical Information Report dated January 31, 2013. Ed McCarthy, PE, P.S., Renton, WA. Mussman, E.K., D. Zabowski, and S.A. Acker. 2008. Predicting secondary reservoir sediment erosion and stabilization following dam removal. Northwest Science 82(sp1):236-245. Washington State Department of Ecology, U.S. Army Corps of Engineers (Seattle District), and U.S. Environmental Protection Agency (Region 10). 2006. Wetland Mitigation in Washington State — Part 2: Developing Mitigation Plans (Version 1). Washington State Department of Ecology Publication #06-06-011b. Washington State Department of Ecology, Lacey, WA. Zink, T.A. and M.F. Allen. 1998. The effects of organic amendments on the restoration of a disturbed coastal sage scrub habitat. Restoration Ecology 6:52-58. References 11 ENVIRON Appendix A Photographs of Existing Buffer Conditions ENVIRON 41� seedlings, Robert's geranium, trailing blackberry, and salmonberry. llx 1 Photo 4: Looking north at a dense patch of honeysuckle in shade beneath western red ceaar trees in the easement, which will be removed to construct the driveway. Title: Site Photographs Date: November 27. 2012 Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington ENVIRON Page 2 of 4 creeping buttercup, soft rush, reed canarygrass, and bentgrass just south of the curve in the drliveway. buffercup, and a few swordfems within the buffer enhancement area of Wetla d 2entgrass, creeping Title: Site Photographs Date: November 27, 2012 Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington ENVIRON Page 3 of 4 'Illy L s -A_ "I ,' Photo 7: Looking west at noble firs and primarily non-native grasses and forbs in the Wetland 2 buffer adjacent to the driveway. Title: Site Photographs Site: Pierson Driveway 12-101079-00-PC, Federal Way, Washington Date: November 27, 2012 ENVIRON Page 4 of 4 r7- ,+ww.�•. r .1 +.ter r s LEGEND Rom.. f North Basin Channel Flow °'w s 1 { ; r r �Y ""i4 Discharge Location a Sheet Flaw -{1� • '•• 7 Culvert • ri�•� �y i _.._.._ OnsiteSubbasin £ Boundary PROJECT AREA SUMMARY: b 3 Impervious Asphalt 2,944 SF 1 Porous Asphalt 2,320 SF Landscape 1,316 SF p Total 6.580 SF b NORTH BASIN 1,45 AC FOREST f 0.03 AC LANDSCAPE 0.12 AC PAVEMENT 1.60 AC TOTAL u Dispersion along ' a Eas! Edge of Driveway Driveway -16'-Wide Pavement in �., rb � LOT C 20'-Wide Easement COP i ,Rj •f ` Ali b :hr3 all STA 1+00 -2*45 �. gyp' �,• SOUTH BASIN �etl�nd"I 0 40 6' Feet e�R 1 nR Figure 5B. Developed Basins Ed McCai"[Fsy, PE, PS q Pierson Driveway H DROIOGY . MYDRAVUGS • MGINfRING 'JNIl33N1'JN3 SJIlOtltlOAH A901WOAH ram ��'T�� f+".., 133L15 Nl6FF 'S XX9F 3d 7MIIJ- C3 a N i{ i UEvILL'SLV Q uos/a�d OS OuwY !i 69066 --1- y=oM 'uoivay �; awwYPl1[ CSdd OS31 8 DE NNMR] `JNIGV?19 'Z 0 N s ''-•••w� Sd `3d `�YY e��W P3 P✓6dAo pro F C� � I w W� 0. R Mai 9W aN ��o °� pia"yam :I'u oho Wg`:'q^ 'l'li Ell i I N a _ o o gw k F ` 08 U U) W H ti The Evergreen Arborist, Inc. DENNIS L. TOMPKINS Certified Arborist Consulting Urban Forester Certified Tree Risk Assessor Phone: 253 863-7469 Email: dlticWg n Website: evergreen-arborist.com March 31, 2013 Richard Pierson 5373 W. Rafter Circle Tucson, AZ 85713 Dear Mr. Pierson: I visited the property of concern in your presence on March 24, 2013. The purpose was to determine the potential impacts of road construction on two large western red cedar trees located on the neighboring property. The neighbor's parcel number is 6143600445 at 3625 S. 334' St., Federal Way, WA. The parcel number of your property is 6143600657. Observations: The existing plan includes a 20 foot right of way along the north boundary of your property for construction of an entrance road to two lots located to the west of the neighbor. It requires excavation that would occur within a few inches of two western red cedar trees on the neighbor's property. Such excavation would likely adversely impact these two trees. The neighbor is concerned about the health and safety of these cedars. If these trees would have a major portion of their root systems severed by the proposed excavation, the question is whether or not the trees should be removed. These trees are very large specimens of western red cedars with diameters at 4.5 feet of 35 and 58 inches. They appear to be in good condition. If appraised for their landscape values, they potentially could be valued at between $15,000 and $30,000 each — based upon their diameters and other factors considered by Certified Arborists. Recommendations: Observing the general area and its proximity to a small water way that dries up during the summer, it appears to be feasible to move the right of way approximately 10 feet south of its present location. This action would have several advantages: 1. The topography would negate the present plans to remove one to two feet of soil next to the trees. This would minimize potential damage to the roots. 2. It would enable a close by large cedar (36 inch DBH) on your property to be saved. This action would preserve the small community of these three trees that have roots intertwined and serve to protect one another from the elements. 3. It would not impact the nearby waterway. The "new" edge of the R/W would be approximately 15 feet from the bank of the ditch. 4. Moving the road would also allow for the preservation of several additional cedars to the west that are designated for removal under the current plan. 5. Preservation of these trees would enhance the forest "ambiance" of the entrance road to the two existing lots and provide a natural buffer to the neighbor's property. 6. Moving the road and preserving the trees in questions offer a "win -win" situation for all parties. The neighbor's trees would be minimally affected and could be preserved, several high valued trees would be saved, the natural environment between the road and the neighbor's property would be enhanced and the impact to the wetland, if any, would be minimal. 7. It is recommended that a future meeting on the site with appropriate city personnel, engineers and an arborist be considered. This would allow all parties concerned to ask and answer questions regarding the above recommendations. We discussed a few high risk trees to the west that potentially would not be removed with the relocation of the proposed road. However, it would be prudent to cut a few that that were pointed out that have structural defects. While a formal hazard assessment of the trees was not conducted, there is no guarantee that an act of God will not cause some type of branch or tree failure in the future of the trees that were observed. Since these occurrences are unpredictable, arborists are unable to accept responsibility for such events. We offer our best opinions based on visible signs and our experience in conducting hazard tree assessments and on -site inspections. Thank you for inviting me to help with your tree questions. Please call if you have further questions at 253 863-7469. Sincerely, Dennis Tompkins Certified Arborist PN-0469A Certified Tree Risk Assessor #485 i 1-9 April 15, 2013 ,-APR 5 2Gi This letter replaces previous letter dated April 6, 2013. City of Federal Way Department of Community and Economic Development 33525 8 h Ave. South Federal Way, Washington 98001 Re: Project: Pierson Driveway File: #13-101108 We have no objection to the above project. We do have the following concern about the drainage. The drainage from that property flows under 3340' street and under the property directly across the street exiting onto our property 3718 So 334'h street and then flows several hundred feet in a hand made concrete channel exiting into North Lake. This concrete channel has been there for many years and is maintained by us as a landscape feature. We do the repairs, maintenance and in the winter time, frequently clean the channel of dirt and debris. Our concern is the volume of water, at times, in the winter could overwhelm this channel. We would like to be assured there will be sufficient controls retaining excess storm water flow and silt from this development. I know from experience this can be done without a great deal of expense. Don Vandenheuvel 253-927-4829 3718 So 33e Street Federal Way, Washington FILE CITY OF Federal June 5, 2013 Mr. Don Vandenheuvel 3718 South 3346 Street Federal Way, WA 98001 Way CfrY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway. com RE: File #13-101108-00-UP; RESPONSE TO COMMENT LETTER Pierson Driveway, APN 614360-0450 & 614360-0657, Federal Way Dear Mr. Vandenheuvel: The Community and Economic Development Department has received your letter regarding the above - referenced land use application currently under review. The applicant proposes to clear, grade, and pave a new driveway to serve two existing single-family residential lots. The proposal requires a land use permit due to the driveway's relatively close proximity to a stream on the subject property. To paraphrase your comment letter, your concern is with potential stormwater impacts that may affect your property as it is downstream from the subject property. The applicant's proposal is subject to the requirements of current stormwater codes and regulations, which include the 2009 King County Surface Water Design Manual (KCS WDM). The applicant has proposed to mitigate potential downstream impacts by utilizing pervious paving surfaces and dispersion trenches. Following dispersion there remains approximately 20 feet of native vegetation between the dispersion area and the downstream channel for additional infiltration. The applicant's engineer and city staff have determined this conveyance system will contain a 25-year storm event which meets KCSWDM standards. Thank you for your comments regarding the Pierson driveway land use application. Your letter is now incorporated into the project file. You will receive mailed copies of the hearing date and decision related to the project. Please feel free to contact me at 253-835-2638 or matt.herrera@cityoffederalway_.com if you have any questions regarding this letter or the project in general. Matthew Herrera Associate Planner c: Ann Dower, Senior Engineering Plans Reviewer Doc I.D. 63559 ENVIRON January 25, 2013 Electronic Mail Mr. Dick Pierson 3516 South 336th Street Federal Way, WA 98001 Re: Pierson Driveway Wetlands Dear Mr. Pierson: RECEIVE® MAR 0 8 2013 CITY OF FEDERAL WAY At your request, ENVIRON conducted a site investigation to determine if there have been any changes in wetland boundaries delineated on your properties in Federal Way. This investigation focuses on the three, undeveloped King County tax parcels (06143600657 [Lot C], 6143600451 [Lot B] and 6143600450 [Lot A]). As you know, I completed a wetland delineation in 2005 as required for your application to complete a boundary line adjustment that resulted in the three parcels identified above. The delineated wetland boundaries were confirmed by King County as stated in the Ecological Solutions' April 2006 addendum to the March 2005 delineation report. The purpose of this report is to update the wetland classifications as required by the City of Federal Way (City) for permitting the proposed driveway access road from South 3341h Street to Lots A and B. Per Matt Herrera's pre -application conference summary letter dated April 10, 2012 and addressed to Mr. Eric LaBrie, ESM Consulting Engineers, it is assumed that the stream/ditch on the northern portion of Lot C is rated as major for the purposes of this proposed access road permit application. A brief summary of my findings and rationale for the wetland classifications is provided below. APPROACH The approach used to identify whether wetland boundaries have changed and to classify existing wetlands is provided as follows. Onsite Wetlands The onsite portions of existing wetlands were re-established and identified with red surveyor flagging by others based upon the initial surveyed wetland boundaries. Portions of my old wetland boundary flags were clearly visible in many locations where red flagging was hung re-establishing the delineated, confirmed, and surveyed wetland boundaries. The entire western boundaries marked by the red flagging were walked on November 27, 2012. There has been no change in wetland parameters within the wetlands. The absence of any continuous hydric soils and wetland hydrology between the two wetlands was confirmed by digging a soil pit in the middle of the narrow ditch between the south end of Wetland 2 and north end of Wetland 1. Collective observations that I have made over the years and those of the City's wetland consultant Otak and others were used to classify the wetlands using the Federal Way Revised Code (FWRC) 19.175.020. Otak's Doug Gresham completed a peer review of the wetland delineation and confirmed the delineated wetland boundaries as indicated in his January 29, 2007 Technical Memorandum titled Pierson Property Sensitive Areas Review addressed to Greg Fewins, Deputy Director, Community Development Services Planning Division, City of Federal Way. This Technical Memorandum is hereafter referred to as Otak. 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 2 - January 25, 2013 Offsite Wetlands Offsite wetlands were delineated by Talasaea Consultants (Talasaea) for the East Campus South Residential Development, which abuts this site to the east. Four lobes of a wetland identified as Wetland B identified by Talasaea are adjacent to the east boundary of Lot C. A fifth lobe is located in within and extends south of South 336th Street and the waterline easement. Though no wetland category is provided in the August 5, 2003 letter regarding Wetland and Buffer Restoration Plans addressed to Ms. Deb Barker, Associate Planner at the City, the letter does indicate that FWRC requires a 100-foot buffer. That document also indicates that Wetland B consists of a series of 5 wetland areas connected by narrow ditches. Talasaea assumed that there was hydric soil and hydrologic continuity and connectivity between all of these lobes in their June 2002 investigation. There is not continuous hydric soil or hydrologic connectivity as described by both myself and Otak. I examined the offsite lobes delineated by Talasaea during my onsite investigation on November 27, 2012. Total precipitation at Sea-Tac International Airport (NCDC Station 457473) was well above average for the months of October and November, drier than average in July and August, and wetter than average May through July. Table 1 shows the monthly total precipitation and standard deviation around the mean compared to the total monthly precipitation. Immediately preceding my site investigation weather has been much wetter than average. Table 1. Average and total monthly precipitation for Sea-Tac Airport (NCDC Station 457473) MAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER AVG' 1.76 1.47 0.75 1.07 1.74 3.51 II 6.11 STD 0.87 0.84 0.53 1.04 4.35 4.91 2.79 2012b 2.05 2.96 1.04 , 0.00 0.03 6.71 8.28 a Long-term average for the National ClimaData Center Station at Sea-Tac International Airport for the period of record from 1948 through 2012 http://www.wrec.dri.edu/ccii-bin/cliMAIN.pI?wa7473. b Monthly total precipitation. Two days missing data for November FWRC 19.176.020 Wetland categories and standard buffers The following Wetland categories and standard buffers in the FWRC are quoted directly from the current Zoning and Development Code accessed online December 12, 2012 at http://www.codepublishing.com/WA/FederalWa l: (1) Regulated wetlands are classified into the following categories: (a) Category I wetlands meet one of the following criteria: (i) Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or (ii) Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 3 - January 25, 2013 exchange areas, significant habitat or unique educational sites; or (iii) Have three or more wetland classes, one of which is open water. (b) Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: (i) Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or (ii) Are greater than one acre in size in its entirety; or (iii) Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by nonnative invasive species. (c) Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) Standard buffer widths for regulated wetlands are established as follows: (a) Category I wetlands shall have a standard buffer width of 200 feet. (b) Category I I wetlands shall have a standard buffer width of 100 feet. (c) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. This code was used to classify the wetlands and identify the required standard buffers. RESULTS The collective observations and results of onsite and offsite wetland delineation are used to update the previous wetland report and classify the wetlands. Reduction of the major stream buffer is required to permit the proposed access road under the City's Process IV procedure. A wetland/stream buffer mitigation plan (buffer enhancement plan) will be provided separately. There remain two wetlands on the site as shown in Figure 1. There are no surface water connections or continuous hydric soils between Wetland 1 and Wetland 2 as explained in more detail in the next subsection. Discontinuous Wetland Characteristics A test pit (Figure 1) excavated in the bottom of the narrow ditch constructed to drain the wetlands contained no positive indicators of hydric soils or wetland hydrology, despite the wetter than average conditions preceding this most recent investigation. The test pit was dug to a total depth of 17 inches below the ground surface. From 0 to 9 inches below the ground surface, there was a very dark grayish brown (10YR 3/2) gravelly sandy loam, which was moist but not saturated and contained no redoximorphic features. Below this layer from 9 to 15 inches was a dark brown (10YR 3/3) gravelly sandy loam, which was moist and approached saturation near the interface with the layer below but was not saturated. This second layer contained a few, fine to medium, redox concentrations. Beneath this layer from 15 to more than 17 inches below the ground surface was a light yellowish brown (2.5Y 6/3) to pale yellow (2.5Y 7/3) weakly cemented gravelly sandy loam layer. This layer appeared to be weathered glacial till. This layer also was unsaturated. About 50 percent of this layer consisted of yellowish brown (10YR 5/6) and brownish yellow (10YR 6/8) redox concentrations. There were no positive indicators of hydric soils in the test pit. Rather, observed soils are consistent with and confirm the map unit designation of Alderwood gravelly sandy loam 0 to 6 percent slopes (Attachment A). Alderwood gravelly sandy loam soils are non-hydric. 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 4 - January 25, 2013 Inclusions of hydric soils, such as those observed in the delineated wetlands, are much different. These are present within the Wetlands 1 and 2, which are located in depressions to the north and south of the topographic saddle. Typical hydric soils in the wetlands consist of a very dark gray (10YR 3/1) silt loam with abundant redoximorphic features in the surface layer. The surface layer is underlain by a very dark brown (10YR 2/2) sandy loam with common and prominent redoximorphic features as indicated in the original wetland delineation report. It is important to note the absence of any positive indicators of wetland hydrology in the topographic saddle between Wetlands 1 and 2 and that there have been significant changes in the catchment or contributing drainage areas to these wetlands. The topographic contours in Figure 1 clearly show there is a topographic saddle between Wetland 1 and Wetland 2. This is the area where the narrow ditch was excavated. The ground surface here is a foot or more higher than the shallow depressions where the closed depressional (Wetland 2) and depressional outflow wetlands (Wetland 1) are located. There was up to six inches of standing water in the offsite portion of Wetland 2 to the northeast of the north end of the ditch. The surface of the water was at least 12 inches below the bottom of the excavated ditch. Both Talasaea and Otak noted this ditch in their reports. Otak agreed that there was no hydrologic connection between the two wetlands. Even deeper standing water was observed in depressional areas within Wetland 1. Surface water elevation at the south end of the ditch was about 1.5 feet below the bottom of the south end of the narrow ditch between the wetlands at the time of my site visit. Furthermore, you have indicated never seeing any surface water in the excavated ditch between these wetlands in the 30 plus years you have lived on the property. Thus, it is clear that neither hydric soils nor wetland hydrology are present in the ditch or topographic saddle between Wetlands 1 and 2. Therefore, it is considered upland. Contributing drainage area to both Wetland 1 and Wetland 2 has been reduced by the Quadrant East Campus Residential development to the east. This reduction in the total area contributing to the hydrology of these wetlands has likely altered the hydrologic regime of these wetlands making them drier. According to your personal communication with Kevin Peterson, the Engineering Plans Reviewer for the City of Federal Way Public Works Department, roof runoff from residences in the East Campus development that would historically have contributed to shallow groundwater recharge and interflow to Wetlands 1 and 2 as shown by the topographic gradient in Figure 1 is now collected and routed to stormwater management facilities at the south end of that development thereby bypassing the wetlands. This has reduced the area draining to these wetlands likely contributing to reduced groundwater recharge and drier conditions. In conclusion, there is no wetland hydrology or hydric soils in the narrow ditch or topographic saddle between Wetland 1 and Wetland 2. As noted in Ed McCarthy's Level 1 Downstream Drainage Analysis Wetland 2 is within the north basin and Wetland 1 is within the south basin. Surface flow from the north basin is towards the north through the stream/ditch and the concrete culvert beneath South 334'h Street as depicted in Figure 1. Surface flow from Wetland 1, which is within the area identified by Mr. McCarthy as the south basin, is to the south. Wetland Classification The previously delineated, confirmed, and surveyed wetland boundaries on the site have not changed. Clear indicators of hydrophytic vegetation, wetland hydrology, and hydric soils persist within the previously identified wetland areas despite the considerable reduction in contributing drainage area from the Quadrant East Campus Residential development to the east. Wetland 1 contains two wetland vegetation classes: scrub -shrub and forested. As was noted in the original 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 www.environcorp.com Tel: +1 206.336.1650 Fax: +1 206.336.1651 Dick Pierson - 5 - January 25, 2013 report and has been confirmed by Otak, there are no listed species present, nor any documented habitat recognized by state or federal agencies for such species nor are there plant associations of infrequent occurrence, irreplaceable ecological functions, or wetlands of local significance as identified in FWRC 19.175.020.1.a.ii. Category II wetlands have a standard buffer of 100 feet, according to FWRC 19.175.020.2.b. Wetland 2 contains only one wetland vegetation class. In places, Himalayan blackberry, an invasive species, is a codominant species. Total area of this wetland is approximately 8,734 square feet as shown in Figure 1. It does not exhibit characteristics of either a Category I or Category II wetland and is thus classified as a Category III wetland. In 2007, the City's consultant (Otak) agreed with this Category III classification. Category III wetlands between 2,000 and 10,000 sq. ft. have a standard buffer of 25 feet, according to FWRC 19.175.020.2.c. Yours sincerely � M� Scott Luchessa Senior Science Advisor I Certified Ecologist Enclosures: Figure 1. Delineated Wetland Boundaries and Standard Buffers Attachment A. Soils in the Vicinity of the Pierson Driveway 901 Fifth Avenue, Suite 2820, Seattle, WA 98614 Tel: +1 206.336.1650 Fax: +1 206.336.1651 www.enxiironcorp.com ❑eliaeated On -Site — — ' A � 1 Wetland Boundary Approximate Off -site Welland Boundary 25- and 100-foot Wetland Buffers Mfoot Ingress; Egress Easement f: Parcels 1•foot Contour bola s t On.Sda C n, Driveway WflB 1-foot O - on-s Eassirlanl, pofineatal On•Siln Wcllands ESµ 1-foot OR•Silc CoMoum Appi Oalmote OMS110 Voomarift 2012Vcounty Paroe is CM imagery i - k 114rerN WOO IU rS E NVI RO N Delineated Wetland Boundaries and Standard Buffers N Figure Pierson Drivewayy 12-101079-00-PC, Federal Way, Washington 0 25 50 100 150 200 N 1 Feel 905 Fifth Ave I Seattle, Washington Prepared By: E. McCormick Approved By: S. Luchessa Project Number: 30-31176A Scale: 1:600 Date: 2/6/2013 Attachment A Soils in the Vicinity of the Pierson Driveway N M ,ZZL O O N � N N iAL Poll 7 � L CD O Z W W J a ci C. CD cm O_ to O O) C O — C y as cca a3 '. N _ 3 N M O O a)o a) m 3 c OCY) U C O m 3 'a to p 0� C_EO Li '0 N m ccwm O U ! CO O U CD .Q m O N c0 m U O N N O N ill N m N f6 N N N 0 Z m N U E oD w O m O E cc O Z Q N a) w CD 0_ N Q a5 U N w O L m N ZO 0 N C, cnp 0 Q d Q 0 m E 3 a7 l0° E d ¢ o m vi CO T > O j N d N C +L' ?j '�' O E N _ 0 O m (D 0 0 O o C) a) m 9 a) T G c E O 0 C C (D O a) R 0 L ns w- a� m a0 a� O N a3 9 a o E CD 0-0 :� U m a m m-0 N O - N J Z N_ Y m L_ O C N O 0 ca O w m m> E E L E �` =' C m a) m O) E ��-, O .O T 7 m O�L� .L.. C.m.. aa) T a) m NQ .2� c0 O O` O N j U) 'C Q f6 O L C d cu m E CD N m N cu p— c6 "O O Q a3 0-0, 7 O m OI C '` p� C E w N a) 7 m m U U-0 a N 7 a) m o a) 0_ d N n (p 7 U m m N j 0 ] Mn — Z ° w E m E Cc L F- al C w a5 .O W E a m a) a) a E p d 0 u) U L O H w O 7 co N a7 0 L O H 0 0 a a _ d c m G m U t l) U rn Cl) 2 C 2 u v m m m m O d A co E .m. 00 fY 2 lL >+ ` N m V) W Cr O N 2` t 3 O t Z N .d. •lp U > O c 0 U O r U in c -Oj J m W LL m U) o IL 3 C 0 c CL h rN-N E �` y ��.. Q N m d ~O m m 3 f0 O O Q C ` $ _ C �' a) a+ (n 3 a C r 2 G W C2 d d a CL O (] c6 T a) O `o m d 3 CO v d T = LL s `o c O > d o o U Q U Q m LL 3 0 N > > v m a) 0 2 0 c c a) Y m do .o C O a m o m m m 'm m c h m o "m m m c v o n o Q U 'o m m a U U U in in U U U m a c o - ® -4 O Q > + X ICI A, 'A, pi m a a ` co Q fn N m o 0 N N N (D 0) N cc m Z Soil Map —King County Area, Washington Map Unit Legend Soils in the Vicinity of the Pierson Driveway King County Area, Washington (WAG33) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOi AgB Alderwood gravelly sandy loam, 0 to 6 percent slopes I 30.6 100.0% Totals for Area of Interest 30.6 100.0% Natural Resources Web Soil Survey 12/12/2012 Conservation Service National Cooperative Soil Survey Page 3 of 3 TITLE RESOURCES GUARANTY COM ;-:.NY Order No.: 40109983 Limited Liability Guarantee Face Page Liability: $ 1,000.00 Charge: $ 500.00 Tax: $ 47.50 Total: $ 547.50 Guarantee No.: Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: January 23, 2013 at 8:00 A.M. o "tic Title Ree//� 7,`s]]ourcesy}G�uaranty Company !f ww Execube Vice pros dens Secieiary RECEIVED MAR 08Z013 CITY OF FEDERAL. WAY CD5 TRGC Form No.: 3747 Limited Liability Guarantee Guarantee Conditions and Stipulations (09-12-013) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. if prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sale option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be TRGC Form No.: 3747 Limited Liability Guarantee necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. TRGC Form No.: 3747 Limited Liability Guarantee Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. TRGC Form No.: 3747 Limited Liability Guarantee 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,0001000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing Endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 3747 Limited Liability Guarantee TITLE RESOURCELimited Liability Guarantee GUARANTY TY C�. MPAN. Issued Title Resources Guaranty Company Guarantee No.: SCHEDULE A Order No.: 40109983 Liability: $ 1,000.00 Charge: $ 500.00 Tax: $ 47.50 Total: $ 547.50 1. Name of Assured: Richard N. Pierson and Gail A. Pierson 2. Date of Guarantee: January 23, 2013 at 8:00 A.M. 3. The assurances referred to on the face page hereof are: a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Richard N. Pierson and Gail A. Pierson, husband and wife C. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. TRGC Form No.: 3747 Limited Liability Guarantee Page 1 File No.: 40109983-800-T35 Guarantee No.: 40109983-1-E SCHEDULE A (Continued) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 614360 0657 YEAR BILLED PAID BALANCE 2013 $1,729.24 $0.00 $1,729.24 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,729.24. LEVY CODE: 1205 ASSESSED VALUE LAND: $107,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AF=TER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 614360 0450 YEAR BILLED PAID BALANCE 2013 $1,212.50 $0.00 $1,212.50 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,212.50. LEVY CODE: 1205 ASSESSED VALUE LAND: $75,000.00 ASSESSED VALUE IMPROVEMENTS: $0.00 4. NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE DUE IN CONNECTION WITH DEVELOPMENT OR RE -DEVELOPMENT OF THE LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE CITY/COUNTY/AGENCY. CITY/COUNTY/AGENCY: FEDERAL WAY WATER AND SEWER RECORDED: MAY 12, 1989 RECORDING NO.: 8905120210 LATECOMER AGREEMENT BETWEEN LAKEHAVEN UTILITY DISTRICT AND THE QUADRANT CORPORATION RECORDED UNDER RECORDING NO. 20041021 000099 TRGC Form No.: 3747 Limited Liability Guarantee Page 2 File No.: 40109983-800-T35 SCHEDULE A (Continued) Guarantee No.: 40109983-1-E 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM WEYERHAEUSER TIMBER COMPANY, A WASHINGTON CORPORATION, RECORDED MAY 06, 1926, UNDER RECORDING NO. 2179822, WHEREBY THE FIRST PARTY EXPRESSLY SAVES, EXCEPTS AND RESERVES OUT OF THE GRANT HEREBY MADE UNTO ITSELF, ITS SUCCESSORS AND ASSIGNS FOREVER, ALL ORES AND MINERALS OF ANY NATURE WHATSOEVER IN OR UPON SAID LANDS, INCLUDING COAL, OIL AND GAS, TOGETHER WITH THE RIGHT TO ENTER UPON SAID LANDS FOR THE PURPOSE OF EXPLORING THE SAME FOR SUCH ORES AND MINERALS, AND FOR THE PURPOSE OF DRILLING, OPENING, DEVELOPING AND WORKING MINES AND WELLS THEREON, AND TAKING OUT AND REMOVING THEREFROM ALL SUCH ORES AND MINERALS, AND TO OCCUPY AND MAKE USE OF SO MUCH OF THE SURFACE OF SAID LAND AS MAY BE REASONABLY NECESSARY FOR SAID PURPOSE; PROVIDED THAT THE SECOND PARTY, THEIR HEIRS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS SHALL BE PAID JUST AND REASONABLE COMPENSATION FOR ANY INJURY OR DAMAGE TO THE SURFACE OF SAID LAND, TO THE CROPS OR TO THE IMPROVEMENTS THEREON BY THE EXERCISE OF ANY RIGHTS HEREIN RESERVED; BUT PROVIDED FURTHER THAT THE EXERCISE OF SUCH RIGHT BY THE FIRST PARTY SHALL NOT BE POSTPONED OR DELAYED PENDING REASONABLE EFFORTS TO AGREE UPON OR HAVE DETERMINED SUCH JUST AND REASONABLE COMPENSATION. 6. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 7408280525. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 7, MATTERS SET FORTH BY SURVEY: RECORDED: MAY 22, 1997 RECORDING NO.: 9=:052.29.01.1 8. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20050630900012. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. NOTE 1: WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: CW TITLE COLUMBIA CENTER 701 5TH AVE, 42ND FLOOR SEATTLE, WA 98104 ATTN: RECORDING DEPT. CW TITLE PRE -ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. TRGC Form No.: 3747 Limited Liability Guarantee Page 3 File No.: 40109983-800-T35 Guarantee No.: 40109983-1-E SCHEDULE A (Continued) NOTE 2: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: VACANTLAND KNOWN AS: XXXX S. 334TH ST FEDERAL WAY, WA NOTE 3: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOTS A & C KCLLA # L04L0030 REC 20050630900012 BEING A PORTION OF LOT C KCSP #674070 REC 7408280525 KING COUNTY TRGC Form No.: 3747 Limited Liability Guarantee Page 4 File No.: 40109983-800-T35 EXHIBIT A LEGAL DESCRIPTION Guarantee No.: 40109983-1-E THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOTS A AND C OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L041L0030, AS RECORDED JUNE 30, 2006 UNDER RECORDING NO. 20060630900012, BEING A PORTION OF LOT C, KING COUNTY SHORT PLAT # 674070, RECORDED AUGUST 28, 1974, UNDER RECORDING NO. 7408280525, RECORDS OF King COUNTY AUDITOR; SITUATE IN THE CITY OF Federal Way, County of King, STATE OF WASHINGTON. APN: 614360 0657, 614360 0450 TRGC Form No.: 3747 Limited Liability Guarantee Page 5 SW 1/4, SEC.15, T. 21 N,, R. 4 E. GENERAL NOTES 1. THE CONTRACTOR SHALL CONTACT THE UNDERGROUND UTILITIES LOCATION SERVICE (1-800-424-5555) AT LEAST 48 WORKING HOURS PRIOR TO ANY EXCAVATION WORK. 2. ALL SURVEYING AND STAKING SHALL BE PERFORMED BY A QUALIFIED ENGINEERING OR SURVEYING FIRM AND SUPERVISED BY A SURVEYOR OR ENGINEER LICENSED BY THE STATE OF WASHINGTON. 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING STREET USE AND OTHER RELATED OR REQUIRED PERMITS PRIOR TO ANY CONSTRUCTION ACTIVITY IN THE RIGHT-OF-WAY. 4. ALL LOCATIONS OF EXISTING UTILITIES SHOWN ON THE DRAWINGS HAVE BEEN ESTABLISHED BY FIELD SURVEY OR OBTAINED FROM AVAILABLE RECORDS AND SHOULD THEREFORE BE CONSIDERED APPROXIMATE ONLY AND NOT NECCESSARILY COMPLETE. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY OF ALL UTILITY LOCATIONS SHOWN AND TO FURTHER DISCOVER AND AVOID ANY OTHER UTILITIES NOT SHOWN HEREON WHICH MAY BE AFFECTED BY THE IMPLEMENTATION OF THIS PLAN. 5. THE CONTRACTOR SHALL VERIFY THE LOCATIONS, WIDTHS, THICKNESSES, AND ELEVATIONS OF ALL EXISTING PAVEMENTS AND STRUCTURES, INCLUDING UTILITIES AND OTHER FRONTAGE IMPROVEMENTS, THAT ARE TO INTERFACE WITH NEW WORK, PROVIDE ALL TRIMMING, CUTTING, SAW CUTTING, GRADING, LEVELING, SLOPING, COATING, AND OTHER WORK, INCLUDING MATERIALS AS NECESSARY TO CAUSE THE INTERFACE WITH EXISTING WORKS TO BE PROPER, WITHOUT CONFLICT, ACCEPTABLE TO THE ENGINEER AND AFFECTED JURISDICTION, COMPLETE IN PLACE, AND READY TO USE. 6. SEE SHEET 2 FOR ABBREVIATIONS. SHEET NOTES: 1. AT THE JOINT BETWEEN NEW & EXISTING HMA, THE EXISTING HMA SHALL BE SAW CUT TO A VERTICAL EDGE AND TACKED WITH ASPHALT EMULSION CSS-1. 2. THE NEW ASPHALT SHALL BE FEATHERED BACK OVER THE EXISTING TO PROVIDE A SEAL AT THE NEAT CUT LOCATION AND THE JOINT SEALED WITH GRADE AR-4000W PAVING ASPHALT. 3. SEE SHEET 2 FOR DRIVEWAY SECTIONS & ALIGNMENT, SHEET 3 FOR PHMA DETAIL & ADDITIONAL NOTES, & SHEETS 4 & 5 FOR SURVEY INFORMATION. 4. TOPOGRAPHIC & SURVEY INFORMATION SHOWN IS FROM AXIS SURVEY & MAPPING DRAWING "SITE PLAN & LIMITED TOPOGRAPHIC SURVEY OF PIERSON DRIVEWAY (FILE NO. 12-101079-00-PC)'; DATED 11108112. SEE SHTS 4 & 5. 5. SEE WETLANDS REPORT BY SCOTT LUCHESSA WITH ENVIRON CORP. FOR VEGETATION PRESERVATION & RESTORATION. FEDERAL WAY GENERAL NOTES 1. All construction shall be in accordance with the Federal Way Revised Code (FWRC), applicable ordinances, and the City Council conditions of project approval. These documents are supplemented by the Standard Specifications for Road, Bridge, and Municipal Construction (WSDOT/APWA), the King County Road Standards (KCRS), and the King County Surface Water Design Manual (KCSWDM). It shall be the sole responsibility of the applicant and the Professional Engineer to correct any error, omission, or variation from the above requirements found in these plans. All corrections shall be at no additional cost or liability to the City of Federal Way. 2. The design elements within these plans have been reviewed according to the Federal Way Engineering Review Checklist. Some elements may have been overlooked or missed by the City Engineering Plan Reviewer. Any variance from adopted standards is not allowed unless specifically approved by the City of Federal Way, prior to construction. 3. Approval of this road, grading, and drainage plan does not constitute an approval of any other construction (i.e. domestic water conveyance, sewer conveyance, gas, electricity, etc.) 4. Before any construction or development activity, a Preconstruction Meeting must be held between the City of Federal Way, the applicant, and the applicant's construction representative. 5. A signed copy of these approved plans must be on the job site whenever construction is in progress. 6. Construction noise and activity (on private property) shall be limited as per FWRC (Section 19.105.040); normally this is 7:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00 a.m. to 8:00 p.m. on Saturdays. 7. Construction activity within City Rights -of -Way shall be limited to the hours of 8:30 AM to 3:00 PM. 8 It shall be the applicant's/contractor's responsibility to obtain all construction easements necessary before initiating off -site work within the road right-of-way. 9. Franchised utilities of other installations that are not shown on these approved plans shall not be constructed unless an approved set of plans that meet all City requirements and the requirements of KCRS Chapter 8 are submitted to the City of Federal Way at least three days prior to construction. 10 Vertical datum shall be KCAS or NGVD-29. 11 Groundwater system construction shall be within a right-of-way or appropriate drainage easements, but not underneath the roadway section. All groundwater systems must be constructed in accordance with the WSDOT/APWA Standard Specifications. 12. All utility trenches in the right-of-way shall be backfilled 518"' crushed rock and compacted to 95% density. When trench width is 18 inches or less, and is within the traveled way, trench will be backfilled with control density fill (self -compacted flowable fill) as defined by Washington Aggregates and Concrete Association. The aggregate will be 3/8-inch minus. 13. All roadway subgrade shall be backfilled and compacted to 95% density in accordance with WSDOT 2-06.3. 14. Open cutting of existing roadways is not allowed unless specifically approved by the Public Works Director and noted on these approved plans. Any open cut shall be restored in accordance with KCRS 8.03(b) 3. 15. The contractor shall be responsible for providing adequate safeguards, safety devices, protective equipment, flaggers, and any other needed actions to protect life, health, and safety of the public, and to protect property in connection with the performance of work covered by the contractor. Any work within the traveled right-of-way that may interrupt normal traffic flow shall require at least one flagger for each lane of traffic affected. All sections of the WSDOT Standard Specifications 1-07.23 - Traffic Control, shall apply. 16. Contractor shall provide and install all regulatory and warning signs per the latest edition of Manual on Uniform Traffic Control Devices (MUTCD). 17. All utilities shall be adjusted to final grade after paving asphalt wearing course. 18. Rockeries are considered to be a method of bank stabilization and erosion only. Rockeries shall not be constructed to serve as retaining walls. All rockeries shall be constructed in accordance with CFW Drawing Numbers 3-22, 3-23. Rockeries may not exceed six feet in height for cut sections or four feet in height for fill sections unless designed by a geotechnical or structural engineer licensed in the state of Washington. >ON OT PARCEL NO. 6143600451 NCI°G2'59" ' ,.A :,ty%4�Al s:.............I................ ...�,,..-^'.::.4 .......... a V o . 0 rn ca o ALIGNMENT SEE DET 311 �- 03 Qa a °�? VOA _i�'? k �26:` < P A k k , , C k < X, '00: q L 0 PARCEL NO. 41 �k k 6143600657 e, 415 410 :M M•M 395 0+80 P LAN 1 "=20' 1 +00 1 +20 1 +40 1 +60 1 +80 2+00 2+20 2+40 2+60 2+80 PROFILE 2 1 "=20'H & 1 "=5'V ou 4 EXISTING HOUSE n. nnn/r1A/A\/ STA MATCH r SEE SHT NO STA S. 3 �E 3+00 3+20 3+40 3+60 M5M 3+80 4+00 4+20 4+40 DRIVEWAY CL ALIGNMENT Station ID Northing Easting Bearing Distance PI Station Radius Arc Delta PI Northing PI Eastina 0+ 9 0.0 0 113445.22 1279648.74 N 02`02'59.0" E 10.00' APPROX. EARTHWORK QUANTITIES 1 +00.00 113455.22 1279649. 10 N 02°02'59.0" E 61.92' Total Cut : 27 C.Y. (INCL. STRIPPING) 1 +61.92 PC 113517.09 1279651.31 Total Fill: 103 C.Y. 1 +73.46 20.00' 20.94' 60`00'00" 113528.63 1279651.72 1 +82.86 PT 113534.04 1279661.92 1 +82.86 PC 1135134.04 1279661.92 AREA CALCULATIONS 1 +94.41 20.00' 20.94' 60`00'00" 113539.46 1279672. 12 2+03.80 PT 113551.00 1279672.54 DESCRIPTION LZF N 02'02'59.0" E 3.45' IMPERVIOUS 2,944 2+07.26 113554.45 1279672.66 POROUS ASPHALT 2,320 N 02 02'59.0" E 125.01 ' LANDSCAPE/DISPERSION 1,316 3+32.27 PC 113679.38 1279677.13 TOTAL 6,580 3+41.32 30.00' 17.57' 33°3326.9" 113688.42 1279677.46 3+49.84 PT 113695.77 1279682.72 3+49.84 PC 113695.77 1279682.72 3+58.88 30.00, 17.56' 33°31 '47.2" 1 13703. 12 1279687.98 3+67.40 PT 113712.15 1279688.31 N 02°02'59.0" E 51.84' 4+ 19.23 113763.96 1279690.17 N 02'02'58.9 E 11.57' 4+30.80 113775.52 1279690.58 N 02°02'59.0" E 18.43' 4+49.23 113793.94 1279691.24 Total Length: 359.23' DRIVEWAY ALIGNMENT 0 20 40 SCALE IN FEET I 'UT 1' MI, SHT S 1 & 2 415 410 405 400 395 SHEET INDEX NAME NO. DRIVEWAY PLAN & PROFILE 1 CLEARING, GRADING & TESC PLAN 2 NOTES & DETAILS 3 SURVEY - 1 OF 2 4 SURVEY - 2 OF 2 5 CITY INSPECTION: 253-835-2700 PERMIT NO. XX-XXXXXX-XX RESUBMITTED OCT 0 3 2013 CITY OF FEDERAL WAY -- APPROVED CDS DATE Call 811 2 Working Days Before You Dig CONTRACTOR SHALL VERIFY LOCATION AND DEPTHS OF ALL SERVICES AND UTILITIES IN THE FIELD PRIOR TO CONSTRUCTION Ln N rn V) Z w 0 U 0 N \ Ln C: 0 U z 0 Z A W /W Cn Z 11U.J M Uzi O0• C,4 . 0 N � V o '\ a p h v 04 N 6 O 0 z W �Q zQ Q v � �W 0 � N o o W O O W W 0 3: 0,- M Q Q W Q 0 0 Dill Q SHEET OF 1 5 NS PROJECT NUMBER SW 1/4, SEC,15, T. 21 N., R. 4 E. ABBREVIATIONS AD ALGEBRAIC DIFFERENCE BOUNDARY LINE BLDG BUILDING CENTERLINE DET DETAIL EX EXISTING GB GRADE BREAK EG EXISTING STING GRADE ELEV ATION ELEV EX EXISTING FG FINISHED GRADE GEN GENERAL H HIGH HT HEIGHT HMA HOT MIX ASPHALT IE INVERT ELEVATION L LONG, LENGTH LF LINEAR FEET MIN MINIMUM NO NUMBER PHMA PERMEABLE HOT MIX ASPHALT PRC POINT OF REVERSE CURVATURE PROP PROPOSED PRVC POINT OF REVERSE VERTICAL CURVATURE PVC POINT OF VERTICAL CURVATURE PVI POINT OF VERTI CAL INTERSECTION PVT POINT OF VERTICAL TANGENCY ROW RIGHT-OF-WAY SD STORM DRAIN SHT SHEET SPEC SPECIFICATION STA STATION STD STANDARD SS SIDE OR SANITARY SEWER TYP TYPICAL VC VERTICAL CURVE 213 DETAIL NUMBER/SHEET NUMBER SP23013 STANDARD PLAN NUMBER/SHEET NUMBER © AT NUMBER WEST OR ESMT 1.5'0.5' 8' c�T EAST All LOT�2J EXISTING HOUSES ` PARCEL NO. - _ & DRIVEWAY `ol, c r 6143600450 , 3625 S. 334TH ST. 'M fi` t H a r----� PARCEL NO. 6143600445 > C'p . .. i i Q i i 8 r. i < �0 :� i cr; e w Y ;e L"OT -` � F r O r' rw. r ts= .. CLEARING ~• 40 6' . L N0. _ :s CU PARCEL ,( t M.. q i:' a x -�--�-.. NT LIMITS C� l� iT'f EASEE FL' b 3 6143600451 -�, �, � ++er�gg S O Y'r e sfr i o SEES NOTE 1 s. I f •�� u 0.40 , ----------`-- �fl, . r 9vl2°C a s- ----- ^',-, -404 - \ - -- __-- ---------405 , ........... _404 - 403.5, 2' INGRESS/EGRESS �0 -- , 1;"17I_.IT`� EASEMENT �J ' '-----------------` -------tea- �--- - ------ --= - "------------ m (.4 !, �.. > TOE OF F L �E-- t M �_40�-_ r k\a "1r me <_ k \04 �s # f K, 00- A 6 k ¢ �-' Q k k � el k '+; 1 % v �- [ fit ` kk '4 Y •i'' tJ' 4_ < m k ¢ ESMT ESMT @ 1.4' 8' 2' PROFILE POINT DISPERSION 2% 2% GRAVEL << OUTLET ---------------- - - - - - 4" POROUS HMA EX. GRADE SEE DET 1/3 GEOTEXTILE SEE DET 1/3 4" PERMEABLE GRAVEL FIRM, UNYIELDING & UNDISTURBED SCE DET 1/3 SUBGRADE AFTER STRIPPING. SEE DET 1/3 16' DRIVEWAY - POROUS HMA 1 =4 H&V APPROX. STA 2+20 TYPICAL STA 1 +00 TO STA 2+45 WEST OR ESMT ESMT d 2" HMAJ SEE NOTE 2 4" CRUSHED SURFACING BASE COURSE SEE NOTE 4 1 6' DR EAST ESMT 1 o' 1' 8' 2' - PROFILE POINT DISPERSION 2% 2% 2 7 GRAVEL OUTLET ---- - - - - - ---------------- - EX. GRADE GRAVEL BASE SUBGRADE AFTER SEE NOTE 5 STRIPPING COMPACTED ©95% ASTM D1557 SEE NOTE 6 VEWAY - HMA 1 "=4' H&V APPROX. S I A 5+40 TYPICAL STA 2+45 TO STA 4+30.2 jL ` 2 . ............ -402-, �. c �4-___----- --- 404-------- ---- - - }`\ TOE OF FILL 03........................:...........................-.................-403,.•. � 360 LF COMPOST BERM AND CLEAR9LIMITS ; c T1OTE4T 312 �OON ',r.o ,9a i NS` s m o CONS k CTION ENTRANCE O G6-czr t SEE DET 2/3LOT c� >Z Z (n C C� � r, c -4 cA PARCEL NO. 6143600657 ' ` t INLET P�PTION TOTAL SEE DET 5/2 ;00•OZ , P LAN 1 1 "=20' SHEET NOTES 1. CLEARING LIMITS FOR PHMA DRIVEWAY ARE 3'f FROM TOE OF FILL AND 3'f FROM TOP OF CUT, AND FOR HMA DRIVEWAY 3'f FROM TOP/TOE OF CUT/FILL ALONG DRIVEWAY EXCEPT ON WEST SIDE FROM STA 2+07 TO 2+20. 2. FINAL SITE STABILIZATION SHALL INCLUDE APPLYING A 3-INCH DEPTH OF COMPOST MULCH ON DISTURBED SOILS. NOTES: 1. REPLENISH COMPOST AS REQUIRED TO MAINTAIN HEIGHT OF BERM AT 12". 2. COMPOST SHALL MEET CRITERIA IN WAC 173-350-220(10) FOR DESIGNATION OF COMPOSTED MATERIALS. 3. COMPOST SHALL BE OBTAINED FROM A SUPPLIER MEETING THE REQUIREMENTS OF WAC 173-350-220. 4. COMPOST PARTICLE SIZE DISTRIBUTION SHALL BE AS FOLLOWS: 99% PASSING I" SIEVE, 90% PASSING 314" SIEVE, AND A MINIMUM OF 70% GREATER THAN THE 3/8" SIEVE. A TOTAL OF 98% SHALL NOT EXCEED 3" IN LENGTH. 24" ►� 3 COMPOST BERM NS DRIVEWAY SECTION NOTES 1. PAVEMENT MATERIAL THICKNESS IS AFTER COMPACTION. 2. FOR POROUS HMA INFO SEE DET 1/3 & NOTES ON SHT 3. 3. HMA SHALL BE CLASS X-, PG 64,-22 (CLASS A). 4. CRUSHED SURFACING BASE COURSE (CSBC) SHALL MEET REQUIREMENTS OF WSDOT STD SPEC 9-03.9(3) CRUSHED SURFACING. 5. GRAVEL BASE SHALL MEET REQUIREMENTS OF WSDOT STD SPEC 9-03.10 GRAVEL BASE. 6. ANY PORTION OF SUBGRADE THAT CANNOT BE COMPACTED TO 95% ASTM D-1557 FOR HMA, OR DOES NOT PROVIDE A FIRM, UNYIELDING SURFACE FOR PHMA, SHALL BE REPLACED TO A MIN. DEPTH OF 6" WITH GRAVEL BASE PER WSDOT 9-03.9(1) AND A MAX. OF 590 PASSING THE NO. 200 SIEVE. BALLAST SHALL BE PLACED OVER MIRAFI 140N GEOTEXTILE, OR PRODUCT APPROVED BY ENGINEER. 7. ALL PAVEMENT MATERIALS AND CONSTRUCTION SHALL CONFORM WITH WSDOT STD SPEC 4-04 & 5-04. 8. PROVIDE SUBMITTALS FOR HMA MIX, CSBC, GRAVEL BASE, & GEOTEXTILE TO OBTAIN APPROVAL PRIOR TO CONSTRUCTION. CONSTRUCTION SEQUENCE 1. Before any construction or development activity, a preconstruction meeting shall be held between the City of Federal Way, the applicant and applicant's construction representative. 2. Flag clearing limits. 3. Install stabilized construction entrance. 4. Install compost berm as indicated on plan. 5. Install offsite catch basin protection. 6. Clear and grub areas of the site to be rough graded or filled. 7. Rough grade to subgrade for HMA and 6"-12" above subgrade for PHMA. 8. Install underground services, utilities or conduits in driveway if required. 9. Final grade for HMA driveway only, and replace uncompactable subgrade with import and geotextile. 10. Final grade for PHMA driveway, and replace unsuitable subgrade. 11. Install geotextile and permeable gravel. 12. Construct PHMA. 13. Implement landscape plan. Stabilize bare soil with 4" of compost mulch. 14. Clean storm drainage system, on and off site, of all sediment and debris. 15. Remove temporary erosion control facilities and disperse compost berms in place when site is completely stabilized. nnn-rr T ^ ,TEXTILE NOTES: 1. REMOVE DEPOSITS WHEN DEPTH OF ACCUMULATED -RFLOW SEDIMENT & DEBRIS REACHES 1/3 HEIGHT OF BAG. ASS 2. SIZE THE BELOW GRATE INLET DEVICE (BGID) FOR THE STORM WATER STRUCTURE IT WILL SERVICE. IMENT 3. THE BGID SHALL HAVE A BUILT-IN, HIGH -FLOW )EBRIS RELIEF SYSTEM (OVERFLOW BYPASS). 4. THE RETRIEVAL SYSTEM MUST ALLOW REMOVAL OF THE BGID WITHOUT SPILLING THE COLLECTED MATERIAL. 5. REPAIR OR REPLACE BGID THAT HAS BEEN DAMAGED. GRATE /� RETRIEVAL / SYSTEM GEOTE> NOT TO SCALE NOT TO SCALE CROSS SECTION ISOMETRIC VIEW INLET PROTECTION. 5 NS ?FLOW aSS LiJ -,, �Ln Q N 0 Y_t 0 7 > ,film 0 W Ln -- a_ 0 C) 0 20 40 z SCALE IN FEET lol 0 LEGEND •TENSAR FENCE AND LIMIT CLEARING & GRADING LIMITS • COMPOST BERM AND T-r-+ CLEARING & GRADING LIMITS O • INLET PROTECTION y • GRADING CUT T • GRADING FILL APPROX. EARTHWORK QUANTITIES Total Cut : 27 C.Y. (INCL. STRIPPING) Total Fill: 103 C.Y. CITY INSPECTION: 253-835-2700 PERMIT NO. XX-XXXXXX-XX RESUBMITTED OCT 0 3 2013 APPROVED CITY OF FEDERAL WAY CDS DATE Call 811 2 Working Days Before You Dig CONTRACTOR SHALL VERIFY LOCATION AND DEPTHS OF ALL SERVICES AND UTILITIES IN THE FIELD PRIOR TO CONSTRUCTION U W 06 CD Q Z W Q Z Q Q�: :E v~ v W 13) o N o o W O W ] w � � Q w D- o 0 Q SHEET OF 2 5 PROJECT NUMBER SW 114. SEC. 15 T. 21 X., R. 4 E. n EROSION/SEDIMENTATION CONTROL NOTES 1. Approval of this Erosion/Sedimentation Control (ESC) Plan does not constitute an approval of permanent road or drainage design (i.e. size and location of roads, pipes, restrictors, channels, retention facilities, utilities, etc.). 2. The implementation of these ESC plans and the construction, maintenance, replacement, and upgrading of these ESC facilities is the responsibility of the applicant/contractor until all construction is approved. 3. The boundaries of the clearing limits shown on this plan shall be clearly flagged in the field prior to construction. During the construction period, no disturbance beyond the flagged clearing limits shall be permitted. The flagging shall be maintained by the applicant/contractor for the duration of construction. 4. Stabilized construction entrances and wash pads shall be installed at the beginning of construction and maintained for the duration of the project. Additional measures may be required to ensure that all paved areas are kept clean and tracking in the roadway does not occur for the duration of the project. 5. The ESC facilities shown on this plan must be constructed prior to or in conjunction with all clearing and grading activities, and in such a manner as to ensure that sediment laden water does not enter the drainage system, adjacent properties, or violate applicable water standards. 6. The ESC facilities shown on this plan are the minimum requirements for anticipated site conditions. During the construction period, these ESC facilities shall be upgraded and/or revised as needed for unexpected storm events, and modified to account for changing site conditions (e.g. additional cover measures, relocation of ditches and silt fences, perimeter protection, etc.). 7. The ESC facilities shall be inspected daily by the applicant/contractor and maintained as necessary to ensure their continued proper functioning. 8. Any areas of exposed soils, including roadway embankments, that will not be disturbed for seven (7) days during the dry season or two (2) days during the wet season, shall be immediately stabilized with the approved ESC methods (i.e. seeding, mulching, netting, erosion blankets, etc.). 9. Any area needing ESC measures, not requiring immediate attention, shall be addressed within seven (7) days. 10. The ESC facilities on inactive sites shall be inspected and maintained a minimum of once a month or within 24 hours following a storm event. 11. At no time shall more than one (1) foot of sediment be allowed to accumulate within a catch basin. A// catch basins and conveyance lines shall be cleaned prior to paving. The cleaning operation shall not flush sediment -laden water into the downstream system. 12. Any permanent retention/detention facility used as a temporary settling basin shall be modified with the necessary erosion control measures and shall provide adequate storage capacity. If the permanent facility is to function ultimately as an infiltration system, the facility shall not be used as a temporary settling basin. No underground detention tanks or vaults shall be used as a temporary settling basin. 13. Cover measures will be applied in conformance with Appendix D of the KCSWDM. 14. Management practices providing significant tree protection (per FWRC) shall be provided on the ESC plans. 15. Wet Season Special Provisions, as described in Section D.5.2 of Appendix D, KCSWDM are in effect October 1 through April 30. Prior to the beginning of the wet season, all disturbed areas shall be reviewed to identify which ones can be seeded in preparation for winter rains. Disturbed areas shall be seeded within one week of the beginning of the wet season. NOTES: 1. HOT MIX ASPHALT CONCRETE PAVEMENT (HMA) SHALL HAVE AN AIR VOID RATIO >= 16% PER ASTM D3203. DRAINDOWN SHALL BE <=0.3% @ 15' F ABOVE MIX TEMPERATURE PER ASTM D63990-05. BITUMINOUS ASPHALT SHALL BE 5.5 TO 6.0 % BY WEIGHT OF DRY AGGREGATE. BITUMINOUS ASPHALT GRADE SHALL BE 85 TO 100 PENETRATION. AGGREGATE GRADING: POROUS HMA 4` DEPTH SEE NOTES 1 & 2 2. PERMEABLE GRAVEL 4" DEPTH SEE NOTE 3 3. FILTER FABRIC. SEE NOTES 5 & 6 FIRM, UNYIELDING & UNDISTURBED 4. SUBGRADE AFTER STRIPPING. SEE NOTE 4 5. A U.S. STANDARD SIEVE PERCENT PASSING 314 100 112 90-100 318 70-90 4 20-40 8 10-20 40 7-13 200 0-3 ELASTOMERIC POLYMER OR FIBERS CAN BE ADDED TO THE BITUMINOUS ASPHALT TO REDUCE DRAIN -DOWN. PERMEABLE GRAVEL SHALL MEET REQUIREMENTS OF WSDOT STD SPEC 9-03. 1(4)C COURSE AGGREGATE FOR PORTLAND CEMENT CONCRETE CONFORMING TO AASHTO GRADING NO. 57. LIGHTLY COMPACT EACH LIFT WITH A MAXIMUM DEPTH OF 8 IN. NO COMPACTION OF EXISTING SUBGRADE SHALL BE ALLOWED. TRACKED VEHICLES ONLY ALLOWED ON SUBGRADE. ADJACENT AREAS SHALL BE STABILIZED TO PREVENT RUNOFF AND SEDIMENT FROM ENTERING PAVEMENT AREA. PROVIDE NON -WOVEN FILTER FABRIC AGAINST ALL EXCAVATION SIDES AND TO 4 FT BEYOND TOP OF EXCAVATION. FILTER FABRIC SHALL BE FOLDED OVER PLACEMENTS TO PROTECT INSTALLATION FROM SEDIMENT CONTAMINATION FOLLOWING PLACEMENT OF BOTTOM AGGREGATE AND AGAIN AFTER PLACEMENT OF ASPHALT CONCRETE. EXCESS FILTER FABRIC SHALL NOT BE TRIMMED UNTIL SITE IS FULLY STABILIZED, FILTER FABRIC SECTIONS SHALL BE MIRAFI 140N OR BETTER AND HAVE 24 INCH MIN. OVERLAP. GEOTEXTILE SHALL BE MIRAFI 140N OR PRODUCT APPROVED BY ENGINEER, AND PLACED UNDER ALL PERMEABLE GRAVEL. POROUS HMA 1 NTS DRAINAGE NOTES 1. Proof of liability insurance shall be submitted to the City prior to, or at, the Preconstruction Meeting. 2. All pipe and appurtenances shall be laid on a properly prepared foundation in accordance with WSDOT Specifications. This shall include leveling and compacting the trench bottom, the top of foundation material, and required pipe bedding, to a uniform grade so that the entire pipe is supported by a uniformly dense unyielding base. 3 All pipe in the ROW that is in excess of 18" in diameter must be plain or reinforced concrete. Additionally, if more than 100' of non -concrete pipe is installed, the pipe must be videoed to verify the integrity of the completed system. The contractor shall provide a copy of the video to the City. 4. Storm pipe within the public right of way shall have a minimum diameter of 12" (8" diameter ductile iron pipe may be permitted on cross street laterals less than 66 feet long, only to avoid utility conflict or meet shallow gradient as approved by the Public Works Department). 5. Steel pipe shall be galvanized and have Asphalt Treatment #1 or better inside and outside. 6. All drainage structures, such as catch basins and manholes, not located within a traveled roadway or sidewalk shall have solid locking lids. All drainage structures associated with a permanent retention/detention facility shall have solid locking lids. 7. All driveway culverts located within the right-of-way shall be of sufficient length to provide a minimum 3:1 slope from the edge of the driveway to the bottom of the ditch. Culverts shall have beveled end sections to match the side slopes. 8. Rock for erosion protection of ditches, channels and swales, where required, must be of sound quarry rock, placed to a depth of one foot and must meet the following specifications: 4"-8" rock/40%-70% passing; 2"-4" rock/30%-40% passing; and -2" rock/10%-20% passing. Installation shall be in accordance with KCRS, or as amended by the approved plans. Recycled asphalt or concrete rubble shall not be used. 9. Lots not approved for infiltration shall be provided with drainage outlets (stub -outs). Stub -outs shall conform to the following: A. Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard drains, and any other surface or sub -surface drains necessary to render the lots suitable for their intended use. Each outlet shall have free -flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. B. Outlets on each lot shall be located with a five-foot high, 2 x 4 stake marked "Storm". The stub -out shall extend above surface level, be visible and be secured to the stake. C. Pipe material shall conform to underdrain specifications described in the KCRS and, if non-metallic, the pipe shall contain wire or other acceptable detection. D. Drainage easements are required for drainage systems designed to convey flows through individual lots. E. The applicant/contractor is responsible for coordinating the locations of all stub -out conveyance lines with respect to the utilities (i.e. power, gas, telephone, television). F. All individual stub -outs shall be privately owned and maintained by the lot homeowner. P� ?P ° . .. 01 7. ALL MATERIALS AND CONSTRUCTION SHALL CONFORM WITH WSDOT SECTION 4-04 & `a 5-04. PROVIDE THE FOLLOWING SUBMITTALS FOR APPROVAL 10 DAYS MIN. BEFORE R=�o' MINIMUM ' CONSTRUCTION: , . as : :: s G a 9" MINIMUM " °� ° 7.1. PROPOSED HMA JOB MIX. :4 . 7.2. AGGREGATE. 7.3. GEOTEXTILE. PLACE AMOCO GEOTEXTILE A A a° 2002 FABRIC BENEATH ROCK 15 8. CONTRACTOR PERFORMING WORK ON THE JOB SITE SHALL PROVIDE DOCUMENTATION OF AT LEAST THREE SUCCESSFUL INSTALLATIONS OF PERMEABLE HMA FOR SIMILAR SIZE AND SCOPE PROJECTS. NOTES: 9. SUPPLIERS SHALL HAVE EXPERIENCE WITH PRODUCING SUCCESSFUL MIX DESIGNS FOR PERMEABLE HMA. 1. INSTALLATION: THE ENTRANCE AREA SHALL BE CLEARED OF ALL 10. SEDIMENT SHALL NOT BE INTRODUCED TO THE PAVEMENT SURFACE OR SUBGRADE; VEGETATION, ROOTS AND OTHER OBJECTIONABLE MATERIAL. THE GRAVEL SHALL 11. SUBGRADE COMPACTION FOR PHMA PAVEMENT SHALL BE FIRM AND UNYIELDING. SEE BE PLACED TO THE SPECIFIED DIMENSIONS. ANY DRAINAGE FACILITIES REQUIRED DRIVEWAY SECTION NOTE 511. DUE TO WASHING SHALL BE CONSTRUCTED ACCORDING TO SPECIFICATIONS IN THE PLAN. IF WASH RACKS ARE USED, THEY SHALL BE INSTALLED ACCORDING 12. FINAL GRADING SHALL BE COMPLETED BY MACHINERY OPERATING ON A PRELIMINARY TO MANUFACTURER'S SPECIFICATIONS. SUBGRADE THAT IS AT LEAST 6-12 INCHES HIGHER THAN FINAL GRADE, OR ON STRUCTURES TO DISTRIBUTE EQUIPMENT LOAD (E.G.,STEEL PLATES OR AGGREGATE 2. AGGREGATE: 4" TO 6" CRUSHED BALLAST ROCK WSDOT BASE MATERIAL). FINAL EXCAVATION PROCEEDS AS MACHINERY IS PULLING BACK AND STANDARDSPECIFICATION 9-03.9 (1). TRAVELING ON THE PRELIMINARY GRADE AS FINAL GRADE IS EXCAVATED. 3. ENTRANCE DIMENSIONS: AGGREGATE LAYER THICKNESS - 9 INCHES, MIN. 13. IMMEDIATELY BEFORE PLACING BASE AGGREGATE AND PAVEMENT, REMOVE ANY EXTEND THE FULL WIDTH OF VEHICULAR INGRESS AND EGRESS AREA. LENGTH ACCUMULATION OF FINE MATERIAL (IF PRESENT) FROM EROSION WITH LIGHT - 50 FOOT MIN. EQUIPMENT AND SCARIFY SOIL TO A MINIMUM DEPTH OF 6 INCHES TO PREVENT SEALING OF THE SUBGRADE SURFACE. 4. WASHING: IF CONDITIONS ON THE SITE ARE SUCH THAT MOST OF THE MUD IS 14. THE AGGREGATE BASE SHALL BE DUMPED ONTO THE SUBGRADE FROM THE EDGE OF NOT REMOVED FROM VEHICLE TIRES BY CONTACT WITH THE GRAVEL, THEN THE THE INSTALLATION, AND AGGREGATE IS THEN PUSHED OUT ONTO THE SUBGRADE. TIRES SHALL BE WASHED BEFORE VEHICLES ENTER A PUBLIC ROAD. WASH TRUCKS SHALL DUMP SUBSEQUENT LOADS FROM TOP OF THE AGGREGATE BASE AS WATER SHALL BE CARRIED AWAY FROM THE ENTRANCE TO A SETTLING AREA TO THE INSTALLATION PROGRESSES. REMOVE SEDIMENT. A WASH RACK MAY ALSO BE USED. 15. COMPACT COMPLETE AGGREGATE BASE WITH A MINIMUM 10-TON VIBRATORY ROLLER 5. MAINTENANCE: MAINTAIN ENTRANCE IN A CONDITION WHICH WILL PREVENT OR 13,500 PSF PLATE COMPACTOR WITH A COMPACTION INDICATOR. MAKE 2 PASSES TRACKING OR FLOW OF MUD ONTO PUBLIC RIGHTS -OF -WAY. THIS MAY REQUIRE WITH THE ROLLER IN VIBRATORY MODE, AND 2 PASSES IN STATIC MODE UNTIL THERE PERIODIC TOP DRESSING WITH 2-INCH STONE, AS CONDITIONS DEMAND, AND IS NO VISIBLE MOVEMENT OF THE AGGREGATE. DO NOT CRUSH AGGREGATE DURING REPAIR AND/OR CLEAN OUT OF ANY STRUCTURES USED TO TRAP SEDIMENT. COMPACTION, OR CREATE RUTS IN AGGREGATE FROM TRUCKS OR EQUIPMENT. ALL MATERIALS SPILLED, DROPPED, WASHED OR TRACKED FROM VEHICLES ONTO 16. DO NOT PREPARE SUBGRADE DURING WET PERIODS WHEN COMPACTION COULD BE ROADWAY OR INTO STORM DRAINS SHALL BE REMOVED IMMEDIATELY. COMPROMISED. CONSTRUCTION ENTRANCE 2 NTS CITY INSPECTION: 253-835-2700 PERMIT NO. XX-XXXXXX-XX RESUBMITTED OCT 0 3 2013 APPROVED CITY OF FEDERAt WAY CDS DATE Call 811 2 Working Days Before You Dig CONTRACTOR SHALL VERIFY LOCATION AND DEPTHS OF ALL SERVICES AND UTILITIES IN THE FIELD PRIOR TO CONSTRUCTION Ln N u7 z w 12 12 0 U n 0 N Ln L ry 0 U z a M h M 00 0` N > Q o � N a r.. 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