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Planning Comm PKT 04-04-2007 Apri14,2007 7:00 p.m. Commissioners Hope Elder, Chair Dave Osaki Merle Pfeifer Wayne Carlson Kevin King (Alternate #2) City of Federal Way PLANNING COMMISSION City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATNE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARJNG Proposed Amendments to the City's Shoreline Master Program 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Dini Duclos, Vice-Chair William Drake Lawson Bronson Richard Agnew (Alternate #/) Caleb Allen (Alternate #3) City Staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 } 1111"\ P. citvo ffedel'alwav. com K:\Planning Commission\2007\Agend~ 04.04-07.doc .~ CITY OF ~ Federal Way SHORELINE MASTER PROGRAM UPDATE Planning Commission Public Hearing April 4, 2007 I. INTRODUCTION The City's Shoreline Master Program (SMP) establishes a vision for shorelines within the city and regulates development activity within shoreline areas. State law requires that local SMPs are updated every 7 years. The City has received an SMP grant from Department of Ecblogy. The grant requires completion of our SMP update by June 2007 (with final adoption following Dept. of Ecology review likely in fall of 2007). II. BACKGROUND The proposal is to amend the City of Federal Way Shoreline Master.Program (FWCC Chapter 18, Article III and Chapter Two of the Comprehensive Plan). The proposal also includes adoption of a Shoreline Inventory and Characterization Report, Shoreline Restoration Plan and Shoreline Cumulative Impact Analysis. The proposed amendment is considered a comprehensive update to the SMP and has been prepared consistent with Department of Ecology guidelines (WAC 173-26-201). The proposed Shoreline Master Program amendment is a citywide non-project action that affects activities and developments along Puget SOuild and SMP regulated lakes within the City limits. The proposed amendments also include regulated shorelines within the city's Potential Annexation Area (PAA), which will be effective when and if the area annexes to the city. The existing City of Federal Way Shoreline Master Program (SMP) was last amended in 1998-1999. City of Federal Way SMP update materials include an inventory, characterization, restoration plan, and all other required SMP components for SMP regulated shoreline areas both within the existing City limits and within the City's PAA. The shoreline areas regulated under the Federal Way SMP include appr.oximately 4.84 miles ofPuget Sound shoreline in the city limits and a total of approximately 12.09 miles of lake shoreline, within City and P AA. Table 1 below outlines the shoreline planning areas included in the SMP update. The shoreline jurisdiction in Federal Way includes subtidal and intertidal lands of the marine shoreline; lakes greater than 20 acres in area and their beds; associated wetlands; and adjacent uplands within 200 feet of the ordinary high water mark (OHWM) of marine waters and regulated lakes. Table 1. City of Federal Way Shoreline Planning Area Reach Approximate General Description Shoreline Number Length (miles) Coastal Puget IA 1.67 From the City limits boundary with Des Moines Sound - East on Puget Sound, near 1 SI A venue South, extending west to Dumas Bay Coastal Puget 1B 1.43 Dumas Bay Sound - Dumas Bay Coastal Puget lC 1.74 From Dumas Bay extending west to the City limits along the King/Pierce County line, Sound - West including Dash Point State Park Steel Lake 2 1.69 Inside the City limits, west of 1-5. Star Lake 3 1.33 Inside the northeast portion ofthe City's PAA, near the boundary with City of Kent Lake Dolloff 4 1.81 Inside the northeast portion of the City's PAA, near 1-5 and Military Road. Lake Geneva 5 1.12 In the southeast portion of the City's PAA, southeast of SR 18. North Lake 6 2.16 Inside the City limits, between 1-5, SR 18, and Military Road 7 2.12 Partially in the City limits, partially in the Lake Killarney southeast portion of the City's PAA, east ofI-5 and SR 18. 8 1.87 In the southeast portion ofthe City'sPAA, near Five Mile Lake Military Road. Approximately 4.84 miles ofPuget Sound Total 16.93 shoreline and approximately 12.09 miles oflake shoreline. See map in Shoreline Inventory and Characterization Report The proposed SMP amendment is, in part, a component of the City's Comprehensive Plan. It contains general goals and policies for several elements: Shoreline Use, Public Access and Recreation, Circulation, Historic and Cultural Resources, and Conservation and Restoration. Economic development and critical areas components are embedded within the Shoreline Use Element. In addition, goals and policies are identified for each ofthe shoreline environment designations, as described in greater detail below. The proposed SMP amendment contains three different shoreline environment designations - Shoreline Residential Environment, Urban Conservancy Environment, and Natural Environment. . The shoreline 2 environment designations are applied to different portions of the shoreline, based on their natural and built characteristics. Shoreline environment designations function as an overlay to provide additional policies and regulations in addition to the development standards and protections afforded in underlying zoning classifications. The proposed SMP amendment contains development standards and use regulations to be applied in each shoreline environment. Generally, "standards" refer to setbacks, height limitations, buffers, and design guidelines or preferences. "Use regulations" refer to the allowance or prohibition of specific uses (such as recreational, commercial, or residential development) in each shoreline environment. The standards and regulations address shoreline modifications (such as bulkheads and shoreline stabilization structures, piers and docks, land clearing and grading, etc.) and specific shoreline uses (such as commercial, residential, and recreational development). The SMP development standards also address management and protection of critical areas (wetlands, steep slopes, etc.) located in the shoreline. The proposed development standards and use regulations have been carried forward, altered, or newly created from the existing SMP. In some cases, development standards and regulations that occur in other sections of the municipal code have been directly integrated into the SMP. The proposed SMP amendment also contains a chapter addressing shoreline restoration goals, objectives, and opportunities (Shoreline Restoration Plan). Partnership and funding opportunities are identified and potential site-specific projects are discussed. Finally, the proposed SMP amendment contains administrative procedures such as permit submittal requirements and review procedures for exemptions, Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variance Permits. These elements have been updated from the existing SMP to clarify procedural requirements and reflect current practice. III. Overview of Proposed Code Amendments See Exhibit 1- Proposed Regulations Summary Table (also included in last packet). IV. Follow-Up on Planning Commission Comments from September 21, 2005, Meeting Due to the short turnaround time, responses to commission questions are not included in this packet, but will be addressed at the Public Hearing on April4lh. V. Staff Recommendation Staff recommends that the proposed SMP, including Inventory and Characterization Report, Goals and Policies, Environment designations Map, Shoreline Regulations, Cumulative Impact Analysis and Restoration Plan, with any Planning Commission changes identified at the April 4, 2007 Public Hearing, be recommended for approval to the City Council. VI. Reason for Planning Commission Action FWCC Chapter 22 "Zoning," Article IX, "Process VI Review," establishes a process and criteria for Comprehensive Plan and city code text amendments. Consistent with Process VI review, the role ofthe Planning Commission is as follows: 3 I. To review and evaluate the Comprehensive Plan amendments and city code text regarding any proposed amendments. 2. To determine whether the proposed Comprehensive Plan amendment and code text amendment meets the criteria provided by FWCC Section 22-530 and 22-528 respectively. 3. To forward a recommendation to City Council regarding adoption of the proposed Comprehensive Plan amendment and code text amendment. VII. DECISIONAL CRITERIA FWCC Sections 22-528 and 530 provide criteria for code text amendments and Comprehensive Plan amendments respectively. The following section analyzes the compliance of the proposed code text amendments and Comprehensive Plan amendments with the criteria provided by FWCC Section 22-528 and 530. The City may amend the text of the FWCC and Comprehensive Plan only ifit finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan (FWCC text amendments only). The proposed FWCC text amendment is consistent with the Federal Way Comprehensive Plan (FWCP) goals and policies. SMP goals and policies are proposed to be amended as part of this update process. The proposed goals and policies are consistent with the proposed code changes, which are intended to implement the goals and policies. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment and Comprehensive Plan amendment bear substantial relationship to the public health, safety, and welfare. The amendments address goals and policies and regulations to implement the goals and policies, affecting shorelines of the city, a valuable and important resource for the community. Rational development of city shorelines benefits the health and welfare of the community. 3. The proposed amendments are in the best interest of the residents of the City. The proposed FWCC text amendment and Comprehensive Plan amendment are in the best interest of the residents of the City because they establish a vision and a plan and related regulations addressing shoreline development activity. The proposed amendments will result in superior protection of valuable shoreline functions and processes while allowing compatible uses of the shoreline, both for private and public benefit. 4. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment (Comprehensive Plan amendment only). The proposed amendment is consistent with Chapter 36.70A RCW. Chapter 36.70A, more commonly referred to as the Growth Management Act, applies statewide to larger cities. The proposed amendments are consistent with the portions of the act, which address critical areas protection, open space and recreation, citizen participation and coordination and urban growth. 4 Likewise the proposed amendments are consistent with the portions of the Comprehensi \Ie Plan not affected, specifically, the general goals and policies of the Land Use Element, the Natural Environment Element and the Potential Annexation Areas Element . vu. Planning Commission Action Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed code text amendments and Comprehensive Plan amendments: 1. Recommend to City Council adoption of the FWCC text ainendn:Jents and Comprehensive Plan amendment as proposed; 2. Modify the proposed FWCC text amendments and Comprehensive Plan amendment and recommend to City Council adoption ofthe FWCC text amendments and Comprehensive Plan amendment as modified; 3. Recommend to City Council that the proposed FWCC text amendments and Comprehensive Plan amendment not be adopted; or 4. Forward the proposed FWCC text amendments and Comprehensive Plan amendment to City Council without a recommendation. VIII. EXHIBITS Exhibit 1 Proposed Regulations Summary Table Exhibit 2 Agency Review Comments Dueto the size of the SMP documents they have not been reproduced. All the proposed documents were Included in the Packets from February 14 and March 28 as noted below. Please contact staff if you need additional copies of any of these items. * Shoreline Inventory and Characterization Report (February 14 Packet) Goals and Policies (February 14 meeting - handout at meeting) Restoration Plan (February 14 Packet) Cumulative Impact Analysis (February 14 Packet) Regulations (March 28 Packet - Revised version) * * * * 5 ~.on to;3 .5 "0-., ;3-"' ,.-,~ ~,~ CI) '" '" --"S ~ E tho oU p:~ ~...... t;E '" '" ~~ "' ' cr- i.8 ON .a " CI)~ ~.g ~ \;l ca~ Is "0 "' \'-< tl) ...... ~ b ~ g ;:l r/). ,-.. S tl) '0 .~ c5 u ~ e:- rn g .... ~ ~ ~ tl) ~ .... ~ l-< ~ "d tl) VJ o g. l-< p.. -- 0 ,...-.c <"I 0'- f'"", 00 -.b <"I N_ o .~ 0\ "'., OON .... ~'-"' ....-5. o~B _bIl 0""' P "" -5~ ...: :.a~ OpS:; .S < .... UN ...... .~ 'Q)(/) :a C"l ~ --' 'O"OU ~e~ ~ I 0.... B..g-< \,0 ....C"l ~ ,8 N, ~~ 8 .... \$: <"I p.~ ~~-< t"- ~N ....8 . .... 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""' ~ '0 0 :g '0 8 ro >.,;..:{ en m ~ '0 01) OIl .g ~.:~ gj-o"" U5.8 @ '0' ~ \0' ...... I 00 C1l = :5 ~' o(:l C1l ;:I .Q '0' .. '" Q .n !EXHIBIT' -,-.---13 .-\0 0.... ~ 0 .\0 '" " - 00 ..c '" ~p.. :! Agency Comments - Draft SMP . We've received comments from King County, Washington Department of Fish & Wildlife, Washington Depattment of Natural Resources and Washington Department of Ecology. Comments received in 2006 relate to the Inventory and Characterization Report. Those received in 2007 relate to the Goals and Policies, Restoration Plan and Regulations. A decision was made to wait for Ecology's comments (received 3/26/07) rather than responding to each set of comments and making changes in a piecemeal fashion. Also, please note that the comments addressing regulations are based on the initial draft regulations (not the revised version, which you received with your last packet). Some of the comments are not relevant to the current version. Sally Abella (sallv.abella(a),metrokc.gov) King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization \'ING . ~ Review 6 Sept 2006 General comments on the Draft Shoreline I~ventory and Characterization: Generally, the text is very readable and flows well. The figures were not used as effectively as they might have been, and there are many places in the text where certain attributes are referred to as being mapped, but no maps are produced, or where a figure that exists should have been cited but was not. I have marked many of those spots in the section-by-sectionsynopsis, which follows the general comments. It was disappointing that the marine characterization focused almost exclusively on hydrologic and sedimentary processes, even though all the processes discussed in Stanley et al were listed at the beginning of the section. Certainly there is a very large amount of information on sedimentation and hydrology iri the nearshore, but some discussion needs to be added to the marine processes section about nutrients (nitrogen in particular for marine systems), toxins, pathogens and large woody debris. This should include sources, movement and loss for all processes, and if there is no information, then that should be noted and added to the data gaps section. Similarly, for lakes hydrology is discussed, but more is needed on sedimentation, toxins, sources for phosphorus (mentioned in water quality section), pathogens, and large woody debris (beyond the outflow delivery sentence). ' Although key areas and modifications were discussed, it was hard to see how the Stanley et al delivery-movement -loss model was followed for any process beyond sediment in the marine shoreline, even though the introduction states that a modification of the process was used. Perhaps just how the model was modified needs to be spelled out for clarification. It would be extremely helpful to have a summarization of findings for each reach, possibly in the conclusions at the end of the text. Since the information is scattered throughout the document by category rather than by reach, it is hard to get a sense of how it all adds up for each segment. A table that organizes the findings and characterizations by reach would definitely be beneficial. I am envisioning something like reaches on the X-axis and attributes on the Y, perhaps one table for the marine and one for the lakes. That way it is easier to keep score on what processes were examined and what findings were presented. Section by section commentary: (Note: "para" = paragraph in discussion below.) Section 1.3.2 Shoreline jurisdiction How did Federal Way determine which lakes were of20 acres or greater? The state has asked jurisdiction's to review the original WAC list that has never been updated and to modify the list based on applying OHWM criteria, submitting the new list to Ecology for review. Did Federal Way define what criteria would be used to determine OHWM and how to distinguish between adjacent wetlands and lake surface area? What about Mirror Lake? Was it assessed, and ifso, did it fail to meet criteria? RECEIVED .}~i Page 1 SEP~, 8 7.006 CITY OF FEDERAL WAY 81 11/ nl/\l~ ,......._ Sally Abella (sallv.abeIla(clJ,metTokc,gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization Section 1.3.3 Why is the eastern shoreline of North Lake regulated under the King County SMP when it has been incorporated into the city? Is it by annexation agreement? If so, how long will that agreement be in effect? Will all of North Lake shoreline be included in the updated SMP for Federal Way? Please clarify the reason for this statement and its impact on policy. Section 1.4 Please give the criteria for distinguishing the reaches along the coastal shoreline and also the rationale for not trying to divide the lakes into reaches. If geomorphic criteria were used, please list what was considered and what was not and why. Other wise, it seems arbitrary. North Lake perhaps ought to be divided into 2 reaches, based on the two different SMPs that are currently applied (east and west shoreline), unless the entire shoreline will be included under the new SMP, which needs to be clarified in the earlier section. , 2.1 Data sources These seem almost exclusively marine, except for groundwater, soils and trout water type. What resources exist for the lakes? Please discuss this and if available data is lacking, add it to data gaps. 2.2 Approach How did Federal Way adapt the Stanley et al model? Please ,describe adaptations and modifications, and also make it clear whether or notthe document will add~ess all 5 identified processes, for both marine and lacustrine shorelines. If some will not be addressed in a clear fashion, please explain why not and cite the parts of the document where the discussion of or references to those processes can be found. 2.3 ' I Please list which significant ~hanges were used in the "physical and biological resource composition" for reach delin~ation and how they were applied. In addition, some ofthe lakes do not have consistent ~evelopment around the shorelines, contrary to the statement. For example, ~os]t of the w~stern .shof(: of North Lake is open space, while most of the eastern shore IS single famIly resIdential, thus that would be an easy way to separate the shoreline into tvJ~ segments. 3.0 Eco-system wide proceJes and Functions ' Please explain the reason forltocusing mainly on hydrology out of all the processes described in Stanley at al. Is [his really the only process that acts in a system-wide fashion? The first paragraph~S puzzling because it uses the plural form ,of the word pro~ess, but then lists. only hk~rology. Please include th~ reaso~ing that excludes sedIment, L WD, nutnents, to~ins and pathogens from thIS section. 3.1 Watershed context :..'!.: ;~~..)::'.~ f:"~ Pa~~ 2 !,' Sally Abella (sally.abella(ciJ,TQ.etTok,LW) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization The WRIA paragraphs act as introduction to WRIA areas, but don't really explain how data at the WRIA level can be used for Federal Way characterization, especially important since much of it is not related to city jurisdictional areas. Figure 2 does not do much more than put Federal Way into a very general WRIA context, most of which has little or nothing to do with SMPshoreline jurisdiction inside the City. The WRIA9 marine work (and any similar work done in WRIAlO) will be useful, but it's hard to see why the White or the Green River drainages need to be in Figure 2. The lakes are not even marked on the Figure 2 map, nor mentioned in the text. The reaches 1 A, I B, and 1 C are not marked either, and yet the WRIA boundary probably cuts through reach IA. Please zoom in on the map, exclude areas that are not close to the city or important, get the WRIA 'boundary marked through the city and add the lakes and marine reaches for context. Why are only Star and Dolloff Lakes mentioned in this section? Please mention where the other lakes drain in the WRIA context, even if only to show that they don't go to , major salmonid bearing streams, if that's the point.. You should probably bring in a discussion of the Figure 3 "hydrological boundaries," explain how these relate to the hydrological watersheds, and point out the direction of water flow through those units. I would like to see arrows added to the hydrological units on Fig 3, showing the direction of surface water flow in order to make it clear. If anything is known about groundwater flow direction, that would be useful also, particularly in the later discussion of landslide triggers along the bluffs of Reaches I a,b,c. 3.1.1 Climate Why is .there a sentence about the effect of mountains on precipitation patchiness? Is there some effect within the Federal Way Boundary? Also, this would be a good place to discuss the present projections for climate change in the Pacific Northwest and the city's expectations for changes along the shorelines due to sea-level rise, changes in precipita,tion patterns, warmer water temperatures, etc. 3.1.2 Topography I don't think there is a "Federal Way area watershed" per se, unless you are talking about a subsurface groundwater unit. Water drains off ofthe upland in many different directions. Maybe just delete the word watershed there? "Area" alone seems to serve the purpose. 3.1.3 Geology and soils It is difficult to go between the text and Figures 4 and 5 without a way to move quickly between the geologic units in the key and the informal terms used in the text. For example, is "Lodgment till" the same as Qvi and Qvt? Is it only one of them? Is Lodgment till the same as "till" without the Lodgment modifier? The peat deposits on top of the lacustrine sediments and outwash: are those the wetland deposits (Qw) on figure 4? There is no key term on the map for peat. In Figure 5, is Orcas peat (Or) the only peat deposit (I could only find it at North Lake on the map), or should the Seattle, Sha1car and Page 3 --ir Sally Abella (sallibella(iiJ,rnetrollc.gov) King County DNRP 206-296-~l382 Federal ~~ay Draft Shoreline Inventory & Characterization 1 Review 6 Sept 2006 Tukwila mucks be included? There must be more peat mapped than just that at North Lake. I suggest you identify the geologic unit ~ymbols directly in the text to make reading the map easier. For example, "Lodgment till (Qvt on Figure 4)..." and "Peat deposits (Qw on Figure 4, Or,Sk etc on Figure 5)..." would go a long ways toward making this section understandable. Aquitard is jargon, please explain the concept another way. 3.1.4 Surface and groundwater The P AA lakes have not been included in this first paragraph of this section. Only Steel and North are mentioned. Yet the rest of the document includes the P AA lakes. Any reason for their exclusion? Also, the Federal Way watershed is again referenced. Please describe the boundaries of this watershed and explain how it meets the criteria for being described as a watershed. Is it a groundwater unit, defined separately from the surface watersheds? Please define the "upland area" mentioned at the beginning of paragraph 3 and mark its boundaries if possible on figure 6. Has a wetland loss calculation been done for the jurisdictional areas? If so, this might be mentioned in paragraph 5 when stating that development has reduced the number and area of wetlands. Also, please put in a citation to back this statement. Star Lake is mentioned in paragraph 6, but was not included in the introduction, along with the other P AA lakes. .3.1.5 General coastal processes Please mark the marine reaches lA, 1B, and 1C on FigUre 7 for clarification of the coastal processes relationship to the reach designations. Need citation for sentence on the slow natural recessional rate of bluffs in the area (para 2) . Where is the "net-shore drift direction" shown on Figure 7? Please clarify text in the middle,ofpara 3. Please refer to Fig II when you talk about the obstructions present along the shoreline in the same paragraph. The last sentence refers to work completed in 2005 for WRIA9, and yet you cite personal communication. No better reference for this than pers. compl? 3.1.6 Water quality Page 4 Sally Abella (sallv.abella(a)metrokc.gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization This beginning paragraph needs to be restructured to make it clear before the very end that all impaired water bodies are not actually included on the list, due to the voluntary nature of dat;;l submittal and the impossibility of monitoring every water body. In addition, the 2004 303d list was approved by the EP A in November 2005 and so it is no longer a draft list, nor is it preliminary. Please fix. The lakes listed in the 2004 edition of the 303d list were all included due to an error on Ecology's partand all have sentences in the on-line description that make this clear. Because the EPA had approved the list before Ecology acknowledged the error, they were not able to withdraw the listings, but they should not be there. Two data points were submitted, not two years of geometric means. I think the listings should probably be omitted from this table and a short discussion inserted instead to acknowledge that they appear on the list erroneously, just in case someone sees them on the 303d list, but fails to read the discussion. All will go to category 2 for "lack of data." This was caught for some of the lakes in the later discussion in section 5 in this document, but not alL Keeping them in Table 2 sends a misleading message. 3.2 Biological resources 3.2.1 Vegetation Please cite a reference for the vegetation description paragraph. Where did you get the information? Also add a citation for the first statement in para 2 about the relationship between reduced native vegetation to increased impervious surface. Does the last sentence about effects of increased impervious really belong in the biological resources section? Is it possible to narrow down the vegetation descriptions to the shoreline jurisdictional areas, or at least compare it somehow in order to make it more relevant to shoreline characterization? 3.3 major land uses and shoreline uses I don't think "restocking" shown on an 1897 map (3rd sentence in para 1) means that humans replanted for future harvest. It usually means that the areas were left alone for natural re-seeding to take place. This sentence is misleading, using "harvested" and "restocked" together as if both were actively pursued by logging outfits. It is difficult to see details in the 1944 phot,o in Figure 8 . Would it be possible to increase the contrast using Photoshop to bring out the forested tracts a little more clearly? In the last paragraph, it appears as if the reported land use is for the entire city. What is the land use for the shoreline jurisdictional areas, using these categories? Can that be calculated and added to this section to make it more relevant to the task? Page 5 Sally Abella (sallv.abella(itJ,metrokc.g.QY) Review 6 Sept 2006 King County DNRP, 206-296-8382 Federal Way Draft Shoreline Inventory '&Characterization 3.4 Key processes related to shoreline functions How was the Stanley's 5-step approach adapted? I would like some clarification of the modifications that were made and the sequence that was used for the analysis. Also, I don't understand the discussion sequence as following the structure of delivery- movement-loss for each process. I did not see the processes of delivery-movement-loss for nutrients, toxins, pathogens or large woody debris approached i:q. a systematic way in this section, although they are mentioned in paragraph 1. Please explain why they were not treated in an equivalent fashion to hydrology and sedimentation. If no data is available, please indicate that and include in the data gap section. Otherwise, please justify the omissions or the light treatment received. 3.4.1 Processes affecting marine coastal shorelines , There seems to be a muddle in this text between coastal bluff toe erosion and soil saturation levels as to which is the primary trigger or causal agent for landslides. A number of somewhat contradictory sentences occur throughout the text, and the relationship needs to be clarified. Of course, both are important in the process, but how do they relate to each other over time and in sequence in a slope failure? Please clarify the relationship between the two processes and how they operate together, perhaps with a summary paragraph. 3.4.1.3 Coastal blufflandslides In para 6, what does "Surface water volumes increase and become more concentrated" mean? Do you mean directed or channelized here? Concentrated sounds like it becomes extremely dense water. How do failed tightlines contribute to channelization or sheetflow? The last sentence in this paragraph seems like a non-sequitor. Can you be more specific on the landslide history? Where and when did the landslides occur? What do "eastern shores" and "western portion of the area" mean in terms of reaches lA, IB, and 1 C? What are historic landslides vs recent? Is there a maximum age to the record? What about information on the range of damage caused, size or amount of sediment inputs to the nearshore, L WD delivery to the shoreline as a consequence? 3.4.1.4 fluvial influences While the sediment-load ofthe small streams may be neglible in an ecosystem-wide context, it should be pointed out that along the marine reaches within the jurisdiction, they may be very important locally. I am somewhat confused about what is considered in the text as ecosystem-wide importance vs what is not. For example, in the following section, the text focuses on shoreline modification only within Federal Way rather than ecosystem-wide modifications, yet in this section, the bed loads of the small streams are dismissed because they don't appear to have ecosystem wide impact. This seems like an arbitrary judgment concerning "ecosystem-wide" and clarification would be welcomed. Page 6 Sally Abella (sally.:.~bellJ!(ii),metrokLgov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization 3.4.1.5 shoreline modifications Please refer to Fig 11 when reporting the 38.4 percent of the shoreline modified in the first paragraph, so the mapping and locations of modifications can be seen. The same practice should be followed throughout this section Why is fill referred to as "not easily observed" in para I and excluded from the modifications calculation, while in para 9-10 fill areas are described as apparent when comparing maps from different eras and are listed? Cannot that data be used? Please explain why not. 3.4.2 Processes affecting freshwater lakes Why are toxins and pathogens not included in this section? Why is large woody debris included here but not in marine systems? Please explain the rationale for exclusions. If they are included in water quality, please state why they are all dealt with together rather than separated as Stanley et al does. Much ofthis section seems to be directly from Stanley and may have limited utility in describing processes at lake shorelines. It is unclear how much of pages 21-22 relate to lakes in Federal Way. Please make this connection and describe how the bullets about streams and wetlands relate to the lake shorelines in Federal Way. 3.4.2.3 Please cite a source for the statement that lakes in Federal Way are important areas for , uptake and adsorption of nutrients to purify water. This seems like a very general statement that is not supported by specific evidence for lowered concentrations of nutrients in the outflows from the lakes. If there are no data, please omit. 3.4.2.5 shoreline modifications' You could include bullets for construction of septic systems and drain fields, as well as landscaping and shoreline structures (docks) that encourage Canada geese and ducks to remain in the area (delivery of nutrients and pathogens through fecal matter). Increased nutrients do not impact "weed growth" if you mean rooted aquatic plants, which derive most of their nutrition from the sediments. In fact, increased nutrients can indirectly impede rooted aquatic plant growth through shading by increased phytoplankton populations. Green .lake in Seattle is a case in point. Large algae blooms inhibited milfoil, but when alum treatment reduced phosphorus availability in the water column and limited algae growth, milfoil became luxuriant and created a big problem because it was not nutrient-limited and was no longer being shaded out by abundant algae. How do these alterations increase water temperature in 20+ acre lakes (last bullet on p.23) I doubt that overhanging trees have much impact. Page 7 Sally Abella (sallv.abella(iiJ,metTOkc.gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization 4.0 Nearshore/coastal planning area inventory Why does the first paragraph refer to the approximate boundaries of the shoreline planning area? If there are excursions outside or areas left out, please specify. 4.1.1 Add "modification through development" to the list of numerous influences on the physical condition of the shorelines. What determines the width of the beach (para 2), and how does armoring influence this? Para 3: need citations for statements about the differences in bluff composition in east vs west sections. Also, put in a citation for the change in particle size with increasing distance from the drift cell point of origin. ' The discussion of Johannessen et al (2005) data on feeder bluffs and transport zones, etc: is this the data mapped in Fig 77 If so, please refer to it. If this refers to other data, maybe you should include the maps. The tables are good summaries, but not reflective of the distribution across the landscape. What about the other processes that you did not mention on the ecosystem scale. . . pathogens, nutrients, toxins, large woody debris. Can something on these processes be added here? What about sewer outfalls? CSOs? Septic systems? Delivery of large woody debris by landsliding or currents along the shoreline? Pesticides and fertilizers coming from lawns adjacent to the beaches? For the discussions of the 3 reaches on p 26-28, please refer to Fig 7 and mark the reaches on the figure, so readers can see some illustration of the text. Please give a citation for the history of bluff failure in para 6 under Puget Sound East. Can you expand on that sentence to give slope failure dates, sizes, damage caused, amount of sediment delivered to the intertidal? Can you do the same for the one event in Dumas Bay listed in para 2 on p. 277 What about for the 13 listed for Puget Sound West? Are there any patterns of bigger landslides in one reach over another or more damage caused? I noticed woody debris recruitment is mentioned under Puget Sound West, but not the two other reaches. Please clarify if there are no L WD so.urces for them or if movement out of the other reaches keeps L WD from accumulating. Can you put the outline of Dash Point State Park on Figure 7, so that the location mentioned on p. 28, para 2 can be found? How was the typical cross-section of each of these reaches detemiined? Do you have a citation to back up the descriptions? 4.1.2 geological hazards and shoreline slope stability Page 8 Sally Abella (sallv.ab.ella(clY,mettQ.kc.gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization Need citation in para 1 for the second sentence on reporting the underlying cohesionless soils of low density and shallow groundwater table. 4.1.3 Shouldn't the sentence about wellhead protection areas by North Lake and Lake Killamey be in the lakes section (5)? 4.1.5 Are the streams mentioned along the marine shoreline ephemeral, or do they flow year- round? 4.2 biological resources Please cite Fig 6 and refer to it in this discussion. Put the park boundaries mentioned in the last para into Fig 6, so the wetlands can be located. 4.2.2 The only data mapped are for fish, crabs, and geoducks. Please explain why other species, such as birds or marine mammals are not included, and if there are no other sources of information, include this in data gaps. If marine riparian zone vegetation from Anchor was used, please reproduce the results as an attachment, so the reader can see the data. The other shoreline activities listed on p 34 feed into the processes of nutrients, toxins, and pathogens that have not been discussed. They should probably be addressed in a more systematic fashion. 4.2.4 Marine intertidal Please note if any of the possible shoreline activities listed on the top of p 35 are known to be impacting the unmapped tidal flats that exist in the Federal Way jurisdiction. Also perhaps this should be done for the list on the top of p.36 as well, although ifthere is no kelp within the reach boundaries, why is it even discussed? 4.2.5.1 shellfish Do you think a 1971 survey still has validity (top ofp37), based on all the modification. and development that has occurred since then? Perhaps a sentence should be added about the time elapsed since this information was collected, and what the implications are for the reliability of the data. Please add the "data gap" mentioned in par 2, p37 to the data gaps list. What does WDFW PHS stand for in Table 7? Please spell out in text. Where are the nearshore modifications listed in the bullets across p39-40 located along the marine shoreline? Are they all included in Fig II? Please refer to it, if so. Page 9 Sally Abella (,?allv.abella(iiJ,metTokc.gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization 4.3.5 Where are the Lakehaven sewer outfalls located? Do they have any potential impacts on the shorelines? There could be effects on nutrients, pathogens and toxins. Where are the 7500 current septic systems located? Do they have any potential impact on shorelines in a similar fashion to the sewer outfalls? Can you map the septic system areas or the outfall locations? 4.3.8 What does GLO stand for? Where can the article be found that Was authored by the Historical Society of Federal Way on prehistoric or historic Native American use within city boundaries? 5.0 Freshwater lakes Why is sedimentation not covered in the lakes reviews? Are the flows in both the inlet and outlet streams ephemeral or year-round? 5.1.6 What does percent bulkheading mean? Is this reported as % ofthe shoreline, or as number of parcels with some degree ofbulkheading? If it's parcels, then the percentages are less meaningful without knowing how much of the shoreline in a parcel is actually protected by armoring. 5.2 Littoral habitats, not lacustrine! Lacustrine just refers to lake habitat generically, like marine for salt water and riverine for rivers. The word probably meant to be used in the opening sentence, which refers to shallow water only, is probably "littoral," as opposed to the "pelagic" zone away from the shoreline. The littoral zone extends out from the shoreline to approximately the depth where light penetration no loner supports rooted aquatic plants and ecologically connected species. Please fix. Steel Lake has a milfoil infestation that has been treated and needs to be included in this sentence. Fivemile probably should be excluded; I do not know of any milfoil infestation being reported there. Dolloffhas an infestation of Egeria densa (Brazilian elodea) which is a truly scary aquatic weed on the KC noxious weed list and is being treated currently by the King County Noxious Weeds Program. Waterlily eradications have occurred recently on Geneva and North Lakes. There probably was lily extermination work on Killarney as well, but you should check their lake association, who has supported much of the community-based work. 5.2.3 Page 10 Sally Abella (saJly.abeJla(a),metrokc.gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization Please cite the source for the data presented in Table 9 and the discussion of listed species found near the FW shorelines. Citizen report? Federal or state lists? City staff? SEPA checklists? Lake by lake information: WDFW has published warm water fish assessments for some of these lakes, and the reports, which are available on-line, should be included here. Why is lake mean depth reported here? If it is to show the relationship between lakes with deeper mean depth to salmonid populations, point that out. Fivemile is listed onp.48 as draining to Trout Lake to the south. Does your 5.2.5 water quality This section needs quite a bit of work. Trophic status does not refer to the combination of clarity, nutrient concentrations, and algae levels. It refers specifically to the primary productivity of the phytoplankton in a lake, usually exemplified through biovolume of the standing crop. Rather, trophic state indicators are calculated from Secchi transparency, total phosphorus, and chlorophyll concentrations on the basis of regression equations developed by Carlson (Limnology and Oceanography, 1977) to predict algae biovolumes. This was because in general phytoplankton enumeration and biovolume estimation takes a long time and demands highly trained individuals in order to get reliable data. The trophic state indicators were seen as a quick and dirty way to predict trophic state, but in no way are they equivalent. Lake productivity is not in itself undesirable. If you have no productivity, you have no base for the food chain and life does not exist in the lake. It is high productivity that is sometimes considered undesirable it is seen as producing nuisance levels of algae that could interfere with beneficial uses. Please delete all references to the numbers of aquatic plants in the assessment of the terms oligotrophic, meso trophic and eutrophic. That is not part of the original definition and is not true anyway, as vascular plants get their nutrition from the sediments and the relationship between trophic state and numbers of rooted aquatic plants is not straightforward at all.(see Green Lake discussion under 3.4.2.5). While lake flushing (or a better term, which is mean residence time) can be important ot assessing the condition of a lake, this discussion is simplistic and misleading, since the quality of water coming into the lake as much impact as the residence time. In addition, nothing can be said about the residence times of the lakes in Federal Way without an assessment of the hydrological budgets of the lakes, which involves collecting reliable data on both surface and subsurface inflows and outflows throughout the entire year in order to calculate water-yield to and from the lake, both from surface sources and groundwater,. It is important also to evaluate the role of direct precipitation to the lake (which can be great in restricted watersheds), as well as the impact of surface Page 11 Sally Abella (sally.abelJill?l),metrokc.gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization evaporation. Any statements about flushing are simply unsupported speculations without this kind of information and need to deleted from the text. This applies directly. to the lake by lake discussions that follow. The 3rd paragraph states that turbidity and suspended sediment as issues and mentions that sedimentation and the quality of stormwater runoff are involved. YeUhis was not discussed in the earlier section on physical processes occurring in the lakes: Why not? Please delete all sentences on pp 59 - 60 that refer to speculations on flushing rate and the impact that it might have on water quality. These are unsupported and do not belong in this kind of document. Information which is appropriate to be reported here includes the trophic state as predicted by the trophic state indicators, the mean depth, water clarity, alke temperatures in mid-summer, and noxious weed information. This would be a better place for mean and max depth reporting than in the habitat section, and I noticed some of that data has been reproduced here, but not for every lake. If the lake has inflows or outflows, those should noted with an indication as to whether or not they are seasonal in nature. Either leave out the erroneous 303d listing of the lakes for fecal coliform by Ecology, or explain the situation carefully for all the lakes affected. Ithink it would be a good idea to interview members of the lake community associations to get a better idea of what the issues are at each lake. There seems to be a fair amount of information missing in these summaries, which appear to rely heavily on The KC Lake stewardship Program annual reports available on-line. These are good sources of information, but can in no way be comprehensive for each lake in the KC program and should be supplemented by a little more research on each lake. Going to the community, group can at the very least be informative about the recent history of each lake and what community concerns have been, which can be of use in knowing where to look for further information. Examples of missing information are below: Lake Dolloff is currently being treated for an infestation of Egeria densa (Brazilian elodea), which is a highly invasive noxious weed. The King County Noxious Weed Program is conducting the treatment. You can details about this from the program manager, Stephen Burke, or the noxious aquatic weed specialist, Katie Messick. Their phone numbers and email addresses can be gotten on-line. Lake' Geneva is currently infested with Eurasian milfoil, which is being treated through a community effort. They have also treated for fragrant water lily quite recently and have been having issues with floating islands of sediment, probably caused by decomposition of lily rhizomes. North Lake has recently been treated for water lilies and may have been treated for yellow flag iris, purple loos~strife and Eurasian milfoil. The grant they received from Ecology covered the possibility of treating for all four species. Page 12 Sally Abella (glly.abella(d),mctTokc.gov) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline li1Ventory & Characterization Lake Killarney has a history of copper sulfate treatment supported by the community to kill nuisance phytoplankton populations. It was treated as recently as 1998 and there is significant copper contamination of the sediments. They have also treated repeatedly for milfoil and may have treated for water lilies as well. The first sentence concerning Fivemile Lake is an incomplete phrase. Also, clarity in Fivemile Lake is impacted by the water color, which is yellow due to high DOC, and therefore the Secchi transparency is a poor predictor of water quality. This should be pointed out. It is important to note that although the volunteers collect the water samples and do temperature and Secchi transparency measurements, they are all specifically trained in these procedures and the data is QA/QC'd by knowledgeable KC staff who pursue answers to anomalies. In addition, the water chemistry measurements are carried out by the King County Environmental Lab, which is a federally accredited lab. 5.3.5 Where are the sewer outfalls connected to the pump stations and treatment plants? While , the location of pumps and plants are important in the case of inadvertent spills or overflows, it is also important to know where the treated effluent ends up in the ecosystem, and if there are no potential impacts, for example on the marine shorelines. CSos should also be discussed here and located on one of the figures, maybe 11. If there are no CSOs, then that should be pointed out. 5.3.7 Why are the trout and bass stocking information, as well as other fish species reports, included in the public access section? This should be discussed with the biological resources and pointed out as biological modification or manipulation of the environment. Creel counts or other assessments of the residence time of the stocked fish should also be included, if the information can be gotten from WDFW. In any case, the fish stocking information does not belong in this section at all and is lost here in terms of evaluation. There is no paved public boat ramp at Star Lake. There is street end boat access. The Lake Geneva boat ramp is not in the park. It is located on the southwest shoreline, almost directly across the street from the Lake Killarney boat ramp. 6.1.3 How will public/private property issues be addressed when looking at specific restoration opportunities? 7.0 This section is very small, compared to the number of processes that were ;left out of the characterization. If processes were not included because ofthe lack of available , information, those gaps need to be included here. Ifthere were other reasons, then please include the argument for omission in the appropriate section. Page 13 Sally Abella (sallv.abella(a)me.rr.okc.gov) 'Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization Do you mean littoral rather than lacustrine in the first bullet? I would also suggest that you mean water budget information rather than merely surface water flow for that first bullet as well. 8.1 conclusions I feel like I don't really understand the conditions for each reach in a systematic way and would like to see a wrap-up for each reach that pulls together the many isolated bits of information that are presented throughout the text. Perhaps an executive-type summary for eachreach would be useful here, in order to give a fell for what information is available for each segment when designations are made or perhaps it could be presented in tabular form. Miscellaneous notes on figures: Figure 1: The boundaries of lA, lB, and Ie are hard to see, Can you make the line bigger? Figure 2: Hard to see jurisdictional lines on this map. A large part ofthe map presented does not really pertain to the Federal Way shorelines and should be omitted in favor of seeing the Federal Way boundaries in relation to the WRIAs in more detail. . Figure 3: Please add bold arrows to show direction of surface water flow in these drainage areas. Some of them seem to go in opposite directions, such as the one that contains both Cold and Hylebos Creeks. Where did these boundaries come from? Please cite the source on the figure, if not in the text! Do the light turquoise lines represent identified creek beds? Please add the symbol to the key, if so. Figure 4-5: The geologic units key is great, but does not equate to the terms used in the text. Better identification of which units are referenced is needed in the text in order to make this map useful. The same is true for Figure 5. What does the soil unit PITS mean (it is defined in the key as Pits... .does this just mean holes in the ground? How does that relate to soil type?) Figure 6: Redondo Wy S is mistyped as Redonod. The flood plain defined around Dolloff is extremely hard to differentiate from the surface water and the stippling used for the P AA areas. Figure 7: I can'ffind any exceptional feeder bluffs along the shoreline as marked in the key. If they don't exist, please leave the symbol out. If they do, perhaps a different color would make them more prominent. Page 14 ' Sally Abella (salJ'{.abella(iI)metrokc,gQ.Y) Review 6 Sept 2006 King County DNRP 206-296-8382 Federal Way Draft Shoreline Inventory & Characterization Please mark the reach boundaries on the map to show how they relate to the identified processes. Fig. 8: Please mark the P AAs as well as the city boundaries on the aerials. That can be in a different color. The old photograph is very hard to read for detail. Can the contrast be increased? Fig 9 A-C: Please put the marine reach boundaries on these figures. Fig 9 D-H: Pleae put in the key that the light green wash indicates outside current city limits. Also, the color chosen is very close to the surface water color and makes the lake boundaries less obvious. Please darken the blue for lake surface water. The dark blue creek lines are not in the key either. Figure 10: Ifthe crab habitat only occurs outside city boundaries along the Tacoma shoreline, why is it included? What does "Fish species distribution" include? It seems to be mapped only in the creeks, so is it anadromous fish only? Please specify. Fig.12 B: Does therural designation over the green RS15.0 zoning on the east side of Dumas Bay also include the yellow area zoned RS7.2 to the north? There is no boundary between them, or "urban" marked on the map. I suspect you missed a boundary bwteen the two zones. Fig 13: Public boat launches managed by the WDFW should be marked and colored separately and colored to point them out as public access points to the lakes. These exist on Steel (marked a part of the park), Dolloff, North (marked as a park, which is it not), Geneva and Killarney. Page 15 ,~ RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT WASHINGTON STATE DEPARTMENTOF Natural Resources SEP 2 2 2006 DOUG SUTHERLAND Commissioner of Public Lands September 20, 2006 Isaac Conlen, Associate Planner City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Subject: Draft Inventory & Characterization Report Dear Isaac: Thank you for providing an opportunity for the Department of Natural Resources (DNR) to comment on the recent Draft Inventory & Characterization Report that was completed by the City of Federal Way in preparation for its Shoreline Master Program Update. The DNR is interested in working with the City to provide meaningful input to the update process. In reviewing the report, our staff has been pleased with the quality of the draft work. The inventory and characterization work was completed in a logical fashion; it is comprehensive and addresses many of the DNR's management goals, clearly demonstrating how our stewardship goals overlap with the City's planning goals. One additional comment is worth mentioning at this time. In the nearshore area, the DNR, on behalf of the State of Washington, manages state-owned aquatic land that includes consumable resources, including wild stock geoduck. All geoduck tracts on the eastern shore of Puget Sound, from Tacoma to Everett, are currently closed for commercial harvesting due to water quality concerns. . In order to better manage and protect these resources, it would be beneficial to include the geoduck tracts in the shoreline inventory as a natural resource that may be available for r~creational and commercial harvest when water quality issues are resolved. The Department. is excited about the opportunity to work with the City in developing and supporting planning efforts to find solutions to the water quality issues so that these areas could be re-opened for harvesting in the future. ~. SOUTH PUGET SOUND REGION I 950 FARMAN AVE N I ENUMCLAW, WA 98022-9282 TEL: (360) 825-1631 I FAX: (360) 825-1672 I ITY: (360) 825-6381 Equal Opportunity Employer ... RECYClED PAPER \,1 City of Federal Way Isaac Conlen, Associate rlanner September 20, 2006 Page 2 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT ~t~ 2 2 2006 Again, thank you for the opportunity to participate in the update at this early stage. If you have any further questions; please feel free to contact me at your convenience. I can be reached at (360) 825-1631 extension 2311 or at rex.thompson@wadnr.gov. Sincerely, 1'1-.- V ., , .'/ ,,:,- C-.-" /~ ' .' i\ o/1/~' '-#/',1'.// (}, 'lcQ.. '-\i .c /" '-/" .(L. /) i .~. Rex Thompson, District-Mirlager Shoreline District Aquatics Region c: Fran McNair, Aquatics Steward fm/FederalWay091906Report (i) King County Water and Land Resources Division Department of Natural Resources and Parks King Street Center 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 206-296-6519 206-296-0192 Fax RECEIVED 8'1' COMMUNITY DEVELOPMENT DEPARlr"it:.., j :' :- d ,i 4 2UO 1 February 9, 2007 Isaac Conlen Federal Way City Hall P.O. Box 9718 Federal Way, WA 98063-9718 Dear Mr. ~~ Thank you for providing King County with the opportunity to comment on the City of Federa1 Way's Draft Shoreline Goals and Policies, Designations and Restoration Plan. ,Our comments on your proposal are detailed below; our review focused on the proposed environment designations and restoration plan for lakes in the Federal Way Potential Annexation Area (P AA). As you know, we would like to see consistency between the City and County Shoreline Master Programs on lake shoreline management in the P AA. In general, your proposed environment designations in this area seem appropriate given what we know of existing lake conditions and the results of our recent shoreline characterization analysis (please see Map 5c, Shoreline Alterations Analysis Results for Southwest King County, at http://www.metrokc.gov/shorelines/technica1-appendix-contents.aspx). We would like to learn more about the critical areas standards that would be applied to carry out the draft shoreline environment management policies. We will not have completed our analysis of and proposal for PAA shoreline designations and standards until May of this year, and would like to continue to coordinate with you on shoreline management in the P AA. We appreciate your including a section in the draft restoration plan that promotes continued coordination. We will be developing specific restoration priorities for the lakes in the P AA. I apologize for the delay in getting these comments to you. Please let me know if you have any questions. Thanks again. Sincerely, m oe Shoreline Master Program Update Manager King County Water and Land Resources Division @.~'202M STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 16018 Mill Creek Boulevard. Mill Creek, Washington 98012. (425) 775-1311 FAX (425) 338-1066 February 14,2007 City of Federal Way Business and Economic Development Attn: Isaac Conlen 33325 8th Ave South Post Office Box 9718 Federal Way, Washington 98063-9718 SUBJECT: City of Federal Way; Shoreline Master Program Update, Draft Goals and Policies, and Restoration Plan Dear Mr. Conlen: Thank you for the opportunity to review and comment on the proposed goals, policies, and restoration plan for the City of Federal Way Draft Shoreline Master Program (SMP). We offer the following comments and suggestions in an effort to help you draft language ,that sufficiently protects valuable fish and wildlife resources in Washington State. The draft contains many excellent strategies for protecting critical areas within the city. Some examples are: ../ SMPP8: A policy that says development should be excluded from shoreliries containing critical areas. ../ SMPPl1.c: A policy that says new residential development or redevelopment should be located away from the shoreline in order to preclude the need for a bulkhead or other hard armoring along the beach. ../ Goal SMPG5: This goal encourages soft shore bioengineering solutions in an effort to limit traditional hard shoreline armoring. ../ SMPP44: This policy states that preference should be given to shared use of piers, which will help reduce the number of piers and docks along Puget Sound shorelines and freshwater lakes. ../ SMPP65: This policy states that boating activities should not increase shoreline erosion and should be discouraged. RECEIVED, FEB 1 4 2007 CITY QF FIEDERAL WAY BUILDING DEPT. Mr. Conlen , February 14,2007 Page 2 of7 DRAFT ./ SMPP70j: Language in this policy encourages early involvement with WDFW and the Indian Nations to determine if a proposed development will affect critical areas. ./ SMPP76 & 77: These policies promote working with the WRIA 9 governmental organizations to explore how local governments can contribute to the preservation and restoration of ecological processes. ./ SMPP89-9l: These policies encourage incentive programs to make it economically feasible to protect and restore shorelines, encourage the protection, enhancement, and restoration of native riparian vegetation, and promote bioengineering techniques. The Department of Fish and Wildlife (WDFW) does have some questions and concerns with the following sections of the SMP, and we offer the following comments and recommendatio'ns to ensure adequate protection of valuable fish and wildlife resources: Page 2, Goal SMPG2: WDFW believes this goal will have significant adverse effects on important fish and wildlife resources. Promoting single-family residential development along shorelines will likely result in significant impacts to fish and wildlife species, especially in undeveloped areas. Polluted stormwater runoff from new residential developments and new roads, shoreline armoring, and removal of native vegetation can all have major detrimental impacts on shorelines. Unless the City chooses to adopt conservative buffers (e.g., >150 feet) based on best available science (BAS), WDFW believes this goal has great potential to lead to significant impacts, particularly on aquatic species. In addition, because the majority ofPuget Sound shorelines are already in private ownership, WDFW recommends that the City promote uses of shoreline areas for the general public to the greatest extent possible. In addition, the second sentence in this paragraph says that new development or redevelopment should avoid tothe greatest extent possible, adverse impacts to the shoreline. One suggestion would be to say that development must be located sufficiently away from the shoreline to preclude the need for hard armoring structures along the beach. Pages 2 & 3, SMPP9b-e: WDFW recommends changing should to "shall." Page 3, SMPPlla: WUFW recommends rewording this sentence to read that subdivisions and new development should be designed to adequately protect fish and wildlife species and habitats instead of using the general term "water" and aesthetic characteristics. Page 4, Goal SMPG4: WDFW is very concerned that some of the elements outlined in ,- tqi~- g~al,G9.1lJd have adverse impacts on fish and wildlife. Utilities such as sanitary sewers; storril sewers, and petroleum products should be strongly dis~couraged, not Mr. Conlen February 14,2007 Page 3 of7 DRAFT encouraged (as written), in shoreline areas. There has been an increase in the number of sewer and storm lines located within shoreline areas along Puget Sound, some of them placed parallel and on the beach. One such example is the Lakehaven Sewer District, which serves the city of Federal Way. Over a mile of new sewer pipeline was installed on the beach a few years ago. This was a highly disruptive activity because major excavation was required and heavy equipment (e.g., frontloaders, backhoes, and vehicular traffic) was operating on the beach. These types of activities can cause significant impacts to fish and wildlife, and residential development contribute to these impacts because of the extensive shoreline armoring in the area. Work had to occur in lower, more productive areas of the beach because the equipment had to operate around the bulkheads and rip rap revetments. Because of this, WDFW strongly recommends that the reference to sanitary sewers, storm sewers, and petroleum products be removed from this goal. Page 5, Policy SMPP30: The wording of this policy is somewhat confusing. WDFW recommends deleting "improvement" at the end of the first sentence and replacing it with "development. " Page 6, SMPP45: Again, WDFW recommends that this policy be reworded to provide more clarity and better protection of fish and wildlife critical areas. As currently written, it requires that temporary moorage be designed so that upon termination ofthe project, habitat can be returned to original conditions within a year of proj ect completion. WDFW recommends deleting the timeline (one year) because we question how this could be enforced. It could be that the type of vegetation destroyed would take longer than one year to restore to original conditions. In addition, if the habitat feature takes a full year to return to original conditions, the City should require and include temporal losses (e.g., more dense planting or other enhancements) in the mitigation plan. To better protect fish and wildlife, WDFW recommends that the wording be revised to say something to the effect that the design and construction of temporary moorages shall be such to avoid and ' minimize impacts to nearshore areas in marine waters and shorelines along freshwater areas, and if impacts do occur, that a mitigation and monitoring plan, including temporal losses, will be required to ensure full recovery. Page 9, Goal SMPG9: Included in the goal of recreational experiences is the harvesting of driftwood. WDW recommends that this reference be deleted. Technically, the collection of driftwood is illegal and is regulated by the Washington State Department of Natural Resources. WDFW may also have concerns with this for several reasons. First, when driftwood breaks down, it adds organic detritus to the system, which is beneficial to small prey organisms that juvenile fish, including salmonids, feed upon. In addition, it may help provide habitat for forage fish eggs if large driftwood logs are located and have settled in the upper portions of the beach so that they protect the eggs from high wind and wave action along exposed beaches with long fetches. Page 9, Policy SMPP61: WDFW recommends that this policy be deleted because of possible unintended consequences. WDFW's Artificial Reef Policy states, "Until the Mr.Conlen February 14, 2007 Page 4 of7 DRAFT benefits of artificial reefs in Puget Sound can clearly be demonstrated, artificial reefs should not be used in the context of the current Artificial Reef Policy to enhance fisheries for groundfish. Artificial reefs may act as a population and habitat enhancement technique when used in the context of permanent no-take refuges, but only if their benefits do not negatively affect other marine organisms. " (Palsson et a!., 1998). Page 9, Policy SMPP62: WDFW is confused as to what this policy would actually allow. WDFW requests that you clarify the intent of this policy and why such a statement is needed. Page J 0, Policy SMPP67: WDFW recommends that marine areas be added to this sentence. Page J J, SMPP74a: WDFW recommends that the word "avoid" be inserted before mInImIze. Page 11, SMPP74b: WDFW recommends that more protective language be inserted here. Because this sentence refer to shoreline activities that can "substantially" degrade natural , resources, we recommend that such activities only be allowed if 1) significallt public benefit will be derived from such a project, or 2) ifit is to protect a single-family resident, mitigation sequencing must be closely adhered to by requiring a detailed critical area report documenting fish and wildlife habitat at the site. Page J J, SMPP75b: The City has inserted good language about coordinating restoration projects with WRIA planning efforts earlier in the document and WDFW recommends that you add a statement about it in this paragraph as well. Page J 5, Policy SMPP99: WDFW recommends that the City add language in this policy about promoting development designs that preclude the need for motor transportation and instead promote pedestrian and bicycle traffic. Roads can have major impacts on fish and wildlife species by: ./ being a source and collection point of contaminants ./ causing partial or complete barriers to animal movement ./ creating conduits for animal movement (thereby increasing the number of road kill events) ./ creating barriers to surface water percolation (lowering groundwater tables) ./ fragmenting wildlife habitats ./ facilitating the spread of non-native species More information on roads and the impacts to wildlife can be found at http://www ,fhwa.dot. gov/environment/wildlifecrossings/. (Johnson et aI, 2001). Page 15, Policy SMPPI 03: WDFW is uncertain regarding the definition of a "shoreline roadway corridor." Mr. Conlen February 14, 2007 Page 5 of7 DRAFT There are still a few local jurisdictions that allow driving on Puget Sound beaches, and sometimes these "roadways" are referred to as shoreline corridors or roadways. Driving on the beach should not be allowed and can have significant impacts on fish species and other marine organisms. The tires on vehicles can compact the substrate making it uninhabitable for fish and other marine organisms. It can also degrade water quality by vehicles leaking oil and gasoline onto the beach. If the shoreline roadway corridor means driving on the beach, WDFW strongly recommends that this be deleted. Page 19, Shoreline Environments, Natural, #3: WDFW recommends that this be deleted and no single-family residential development be allowed within the Natural environment designation. There are only two small areas along the entire shoreline of Federal Way that are designated as a Natural environment. The City should make' every effort to protect these two small pockets from all development except for very low-intensity development such as trails or viewing platforms. This is especially important because according to the Federal Way Shoreline Master Program Update - DRAFT Restoration Plan, Dum;ls Bay (one of the two shorelines designated as Natural) has been identified as a pocket estuary with regional importance within the WRIA 9 nearshore habitat. If there are private undeveloped parcels located within the Natural shoreline designation, the City should make every effort to acquire these properties and convert them to public use. Ifthis cannot be accomplished, WDFW recommends that more restrictive requirements be created such as limiting the size of the home and amount of allowable impervious surfaces. Guidelines on low impact development (LID) designs can be found in the Low Impact Development, Technical Guidance Manual for Puget Sound. Finally, WDFW has reviewed the City of Federal Way Draft Restoration Plan and commends the City for including best available science and best management practices based upon WRIA recommendations, the Puget Sound Partnership, the Puget Sound Nearshore Project, Shared Strategy, Cascade Land Conservancy, Puget Sound Action Team, and local programs promoted by King County. Recommendations outlined by these entities, and promoted by the City of Federal Way, will provide an excellent foundation upon which to improve and create new strategies to protect fish and wildlife habitat, and WDFW appreciates the time you have spent on the restoration component of the SMP. The Washington Department ofFish and Wildlife wishes to thank you again for the opportunity to provide comments on the proposed updates to your SMP. We sincerely hope that you will find these comments constructive in your final deliberations. Please don't hesitate to contact me at the number listed below with any questions that you have regarding the comments and recommendations contained in this letter. I would be more than happy to sit down with you and discuss some of the above-mentioned issues in greater detaiL Sincerely, Mr. Conlen Febmary 14,2007 Page6of7 DRAFT gm;ib. ~d Pamela Erstad, PHS/GMA Biologist Washington Department ofFish and Wildlife 16018 Mill Creek Blvd Mill Creek, Washington 98012 Phone: 425.379.2308 Fax: 425.379.2323 E-mail: erstapke@dfw.wa.gov Cc: David Brock, WDFW Jennifer Hayes, WDFW Steve Penland, WDFW Russell Link, WDFW Sandra Lange, DOE Mr. ConI en February 14, 2007 Page 7 of7 DRAFT References Johnson, David H. and Thomas A. O'Neil. 2001. Wildlife-Habitat Relationships in Oregon and Washington. Oregon State University Press, Corvallis. Low Impact Development. Technical Guidance Manual for Puget Sound. January 2005. Puget Sound Action Team. Washington State University Pierce County Extension. Palsson, Wayne A., Thomas J. Northrup, and Morris W. Barker. Puget Sound Groundfish Management Plan. WDFW. 1998. . WA. pG:PT: o~ N~~ \2s.S~$ March 9, 2007 Isaac Conlen Senior Planner City of Federal Way 33325 8th Ave South Federal Way. WA 98063-9718 Re: Comments on proposed changes to the City of Federal Way Shoreline Master Program Dear Isaac: The Washington State Department of Natural Resources (DNR) wants to take this opportunity to congratulate the City of Federal for the planning efforts updating its Shoreline Master Program (SMP). DNR has some general comments and additions on the proposed SMP changes for the City of Federal Way. We will address comments specific to the draft regulations, followed by additional comments. 18-163 Additional definitions. There is no definition of aquaculture so it is uncertain which activities the regulations would apply to. Without a definition, this prohibition on aquaculture activities may include enhancement, restoration, and recreational shellfish opportunities. 18-165( a) Shoreline Stabilization There is concern over the use of chemically treated wood for use of bulkheads. For freshwater lakes and rivers, all chemically treated wood should be prohibited. For marine areas, use of creosote treated wood should be prohibited. 18-165(b) Piers, Docks, Moorage and Floats Piers, docks and floats should be constructed out of materials that will not adversely affect water quality. This concern regarding the use oftreated wood in the marine environment is discussed under Shoreline Stabilization, above. Residential docks, piers and floats should be limited to the upland adjacent property owner. For new docks and piers or replacements, materials that let light penetrate to the water should be used. This decreases the impact from the structures. The modifications to the shoreline master plan do not address the use of joint docks. By having multiple landowners share recreation'al docks, it would reduce the total number and resulting impacts of individual recreational docks. Docks and Piers should be perpendicular to the shoreline and placed in a north-south orientation to minimize the shading impacts. RECEIVED FedWay SMP 03-12-07 1 MAR 0 9 Z007 CITY QF FEDERAL WAY BUILDING DEPT. Mooring buoys are not directly addressed under the proposed changes of this section. Mooring buoys should be a preferred use over pile or float structures, since they have less of an environmental impact. Moorage at recreational docks may not be used for commercial or residential purposes. OTHER COMMENTS Utilities are not covered as a use or approved in any environmental designation. There are two sewage treatment outfalls in the SMP covered area, as well as stormwater and residential drainage outfalls that discharge into the area covered by the City of Federal Way SMP. Ifutilities are going to be included as an activity, it needs to be defined. Aquaculture is a water dependent use and should be encouraged. Shellfish aquaculture, when conducted with no adverse impacts, should be an allowed use. If there are concerns, it could be allowed under a shoreline conditional use permit. If the sewage treatment outfall is moved further out, the nearshore area off of The City of Federal Way could be classified as approved for commercial harvests by the Department of Health. This could increase the opportunities for the City of Federal Way residents that own their own tidelands. We would also like you to add in the definition of aquaculture that aquaculture does not include the harvest of the commercial wildstock geoduck on DNR managed lands, which is a fishery. Please let me know if you would like to discuss these issues or potential language changes with the DNR further. We will be happy to meet with you and your staff. Sincerely, Hugo Flores, SMA GMA Coordinator FedWay SMP 03-12-07 2 ';~ . STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE' 16018 Mill Creek Boulevard. Mill Creek, Washington 98012. (425) 775-1311 FAX (425) 338-1066 March 19,2007 City of Federal Way Business and Economic Development Attn: Isaac Corilen 33325 8th Ave South Post Office Box 9718 Federal Way, Washington 98063-9718 SUBJECT: City of Federal Way Shoreline Master Program Update, Draft Regulations Dear Mr. Conlen: The Department of Fish and Wildlife (WDFW) wishes to thank you again for the opportunity to review and comment on the proposed draft regulations for the City of Federal Way Draft Shoreline Master Program (SMP). We offer the following comments and suggestions in an effort to help you draft language that sufficiently protects valuable fish and wildlife resources in Washington State. The draft contains many excellent strategies for protecting critical areas within the city. Some examples are: ./ Prohibiting new residential docks and piers on Puget Sound shorelines. ../ Applicants for new freshwater single-family residential docks and piers must first demonstrate a need for new mooring buoy installations, and, if a new dock is proposed, proponents must demonstrate that ajoint dock is not feasible. ./ Prohibiting new breakwaters and jetties within shoreline areas. ../ Requiring that new boat ramps and lift stations obtain a conditional use permit. We do have questions and concerns with some sections of the SMP and offer the following comments and recommendations to ensure adequate protection of valuable fish and wildlife resources: General organization. The city may want to consider reorganizing some sec,tions of the document. For example, there are two sets of similar regulations for bulkheads contained under the critical salmonid habitat section and in a new section called shoreline modifications. RECE\VED ,. MAR 2 2 2007 CITY OF FEDERAL WAY BUiLDING DEPT. Mr. Conlen March 19, 2007 Page 2 of 13 DRAFT In order to ensure that projects with unavoidable impacts for fish and wildlife are properly mitigated and monitored, WDFW recommends including a section in the SMP that would require a shoreline critical areas report to be prepared by a qualified professional, including, at a minimum, the following information: ./' Site plan and cross-sections of development footprint and critical areas on and adjacent to the proposed development. ./' A detailed description of the project. ./' A detailed description of existing vegetation on and adjacent to the project area and its associated buffer. ./' Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate specIes that have a primary association with habitat on or adjacent to the project area. ./' An assessment of direct and indirect potential impacts to fish and wildlife species, including potential impacts to water quality. ./' An assessment of potential cumulative impacts the proposal may have on fish and wildlife critical areas. ./' A discussion of any federal, state, or local special management recommendations, including WDFW habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area. ./' A detailed discussion of mitigation measures that have been implemented in order to avoid and minimize adverse impacts to fish and wildlife species, as well as contingency mitigation measures that will be implemented to offset temporary and permanent impacts (i.e., monitoring plan with survey requirements, performance goals, and timelines). The WDFW recommends that mitigation and monitoring requirements be outlined in detail in an appendix in order to provide better guidance for project proponents. , If a critical areas report finds that significant impacts could occur to fish and wildlife, mitigation and monitoring should be required, including: . Baseline data . Estimate of impacts . Mitigation measures . Goals and objectives . Detailed implementation plan . Adequate replacement ratio · Performance standards to measure whether goals are being reached . Maps and drawings of proposal . As-built drawings · Operation and maintenance plans (including who will perform) . Monitoring and evaluation plans (including schedules) : \.,; >,<=Qn,~ingency plans, including corrective actions that will be taken if mitigation , ,. ':")developments do not meet goals and objectives ' i '. '\~ (: :-j ;',) - \ : ~ \ L'" I ~ Mr. Conlen March 19,2007 Page 3 of 13 DRAFT · Any agreements on performance bonds or other guarantees that the proponent will fulfill mitigation, operation and maintenance, monitor.ing, and contingency plan. WDFW also recommends that if mitigation is not feasible on-site, other off-site locations be based upon recommendations from WRIA planning effort within the basin or other local enhancement/restoration evaluations done within the same watershed. Section 18-163, Additional definitions: In the draft SMP, critical salt and freshwater habitats are defined only as applied to salmonids. WDFW recommends expanding this definition to include eelgrass and kelp beds, forage fish (including herring, surf smelt, and sand lance), endangered, threatened, and sensitive fish and wildlife species and habitats contained in the WDFW priority habitats and species (PHS) list, commercial and recreational shellfish beds, species oflocal importance, naturally-occurring ponds and lakes, and ponds and streams that provide important fish and wildlife habitat. This will ensure that the SMP provides protection for critical areas contained in shoreline jurisdiction. In the section addressing critical salmonid habitats (page 9), WDFW recommends that more avoidance language be included under the bulkheads section (4). Bulkheads significantly impact nearshore habitat by interrupting beach processes important for forage fish spawning, and erode away beach sands and gravels that support marine vegetation and provide food sources for juvenile salmonids. To ensure that bulkheads are avoided wherever feasible, WDFW recommends requiring an evaluation to first determine whether or not soft bank stabilization techniques can be employed before a new traditional bulkhead is considered. Shoreline stabilization and flood protection measures should be compatible with on-going shore processes in saltwater and should be constructed in a manner as to prevent the loss of in-channel habitat in freshwater areas. Soil bioengineering methods should be the preferred method of bank protection. Use of bank hardening methods, such as rip rapping, concrete walls, or extensive revetments, should only be allowed when the applicant demonstrates that soil bioengineering will not be effective. All stabilization and protection works should include revegetation in their design and implementation. The Washington State Department of Ecology (DOE) has several publications (Vegetation Management: A Guide for Puget Sound BluffProperty Owners, publication 98-31, Surface Water and Groundwater on Coastal Bluffs, publication 95-1 07, and Slope Stabilization and Erosion Control Using Vegetation, publication 93-30) that identify the types of vegetation that can be planted along streams and shorelines to help stabilize banklines in critical area habitats. In addition, a paper by Zelo et aI., (Alternative Bank Protection Methods for Puget Sound Shorelines) outlines various methods for employing soft bank protection techniques. In addition, permit review of shoreline armoring proposals should incorporate cumulative effects analysis to determine how the project may affect adjacent shoreline areas. Cumulative effects analysis should be evaluated by utilizing expertise in several different fields of study (i.e., geomorphologists, biologists, hydrologists). ' Mr. Conlen March 19,2007 Page 4 of 13 DRAFT Finally, WDFW highly recommends adding language outlining the minimum qualification requirements of the engineer who will be examining the new or existing bank stabilization structure. The reason for this is that language contained in this section requires that non-structural measures be used unless the evaluation indicates that only structural designs are feasible at the site. If the engineer or geologist doing the evaluation is not familiar with non-structural bank stabilization techniques, chances are that he/she will recommend a hardened structure instead - especially if that engineers will be held responsible for any damages that may ensue due to improper installation. WDFW recommends that additional language be inserted here that states, at a minimum, that the engineer/geologist must have experiencing evaluating and constructing non-structural stabilization techniques with demonstrated success for "x" number of years, or, for "x" number of structures. WDFW recommends that dredging language contained in this section (8) be more detailed so as to provide better guidance for project proponents. I've attached some sample language at the end ofthis letter for better guidance on this issue. Page 12, Section 18-165(3), Shoreline Modifications: Regarding the statement "Groins are permitted only as part of a public beach management program," WDFW is unsure to what public beach management program is the ordinance is referencing. We do recommend, however, that new residential groins not be allowed in marine or freshwater environments due to significant impacts to natural processes from these structures. In the section addressing piers, docks, moorage, and floats (page 13), there are no grating requirements outlined in the proposed regulations. In addition, the proposed allowable width of floats and docks is greater than what WDFW recommends. For freshwater docks, WDFW recommends that the first piling be installed 30 feet waterward of the ordinary high water mark to avoid impacting nearshore habitats and steel pilings should be no more than 6 inches in diameter. Better avoidance language should also be included for mooring buoys (examples of docks, floats, and mooring buoys are included at the end of this letter). These recommendations are based on.the most up-to-date science on impacts these structures have on fish and wildlife habitats. More information can be found at http://wdfw.wa.gov/hab/ahg/ahgwhite.htm Section 180167, Permitted Use Table: WDFW noticed that residential development in the Natural Environment designation is a permitted use. As mentioned in the WDFW letter dated 2/14/07, WDFW strongly recommends that no single-family residential development be allowed within the Natural environment designation. There are only two small areas along the entire shoreline of Federal Way that are designated as a Natural environment and the City should make every effort to protect these two small pockets from all development except for very low-intensity development such as trails or viewing platforms., If there are private undeveloped parcels located within the Natural shoreline designation, the City should make every effort to acquire these properties and convert them to public use. If this cannot be accomplished, WDFW recommends that more Mr. Conlen March 19,2007 Page 5 of 13 DRAFT restrictive requirements be created such as limiting the size of the home and amount of allowable impervious surfaces. Section 18-168, Shoreline Residential: WDFW recommends that the City incorporate language into the SMP that requires low impact development (LID) designs. This will help minimize the harmful effects of stormwater runoff in habitat areas that fish and wildlife use. The seriousness of this issue is highlighted in a large, multi-year project conducted by Nat Scholz and others researchers at the Northwest Fisheries Science Center, NOAA Fisheries. Urban streams were sampled to examine pre-spawn mortality rates (PSM) for adult coho salmon. Sampling conducted from 2002 through 2005 in Longfellow Creek in Seattle found that 66% to 89% of adult coho salmon died before spawning occurred. By comparison, the rate of die-offs in non-urban (e.g., forested) drainages appears to be low. The precise cause ofPSM is not known. However, at present, the weight of evidence suggests that the widespread coho die-:offs are a consequence of non-point source water pollution. Preliminary sampling conducted in other streams has shown similar trends. Information on LID designs can be found in the Low Impact Development, Technical Guidance Manual for Puget Sound (PSAT, January 2005). In addition, in vegetation conservation areas (which are missing from the definitions section and should be defined) up to 50% of the vegetation along shorelines can be removed and up to 20% of significant trees may be removed. These percentages are high and WDFW recommend that they be reduced. Removing vegetation along buffers negates the purpose ofthe buffer, namely, to have vegetation for filtering pollutants, sediment, providing shading in small streams, and providing cover and travel corridors for wildlife. Significant trees may contain important wildlife species (e.g., eagle nest/perch trees, trees with cavities) and should be protected to the greatest extent possible. Ifthe intent ofthe provision is to allow homeowners a view of the water, there are other alternatives that are less destructive for fish and wildlife habitat. One alternative is to allow limited "limbing" of the tree without significantly harming wildlife species and at the same time allow adequate views. In order to properly protect fish and wildlife, WDFW recommends language be inserted that states tree removal would be prohibited in vegetation conservation areas unless it is a threat to life or property. In addition, the need for tree removal should be justified (based upon a report by a qualified professional arborist). WDFW also has concerns about cumulative impacts that may result from this language. If each property owner is allowed to remove up to 50% of the vegetation on a property, this could have much larger ramifications than anticipated on fish and wildlife habitat, particularly iftwo or more separate development tracts are adjacentto one another. . WDFW is confused with some ofthe terminology used in this document. There is no definition for vegetation conservation areas, although WDFW presumes these will provide the same functions of buffers by filtering out pollutants and stormwater runoff, as well as providing wildlife habitat. If vegetation is present, these areas will provide Mr. Conlen March 19,2007 Page 6 of 13 DRAFT habitat for birds and other wildlife species and help shade marine shorelines that contain surf smelt and sand lance spawning areas. "Setbacks" are typically referred to as the area between a building or impervious surface such as a driveway and a buffer area. Setbacks would not have to be vegetated and are established as a transition area between the development footprint and the untouched riparian habitat area or buffer. In order to prevent confusion, WDFW recommends defining the term "vegetation conservation area" as a protected area adjacent to the marine waterbody or freshwater aquatic system that contains elements of both aquatic and terrestrial ecosystems that mutually influence each other. The definition should include a description of how the area will be measured. Finally, the proposed setbacks/vegetation conservation areas in the Shoreline Residential, Urban Conservancy, and Natural Environment designations development are are considerably less than those recommended by WDFW in its publication titled "Management Recommendations for Washington's Priority Habitats: Riparian." This document IS based on a synthesis of scientific literature, and it represents WDFW's view of "best available science" regarding an important component in the protection of riparian areas across Washington State. The City has not provided any scientific analysis or support that demonstrates the proposed buffers and buffer reductions will adequately protect the functions and values of riparian areas. The proposed buffers could result in significant adverse impact of fish and wildlife species, including species that may be listed as endangered, threatened, or sensitive. In addition, the City is proposing to allow vegetation conservation area reductions on new residential development sites based, in part, on how wide the buffer is on adjacent properties where existing homes are located. The decision to do this is not science-based and could have significant impacts on fish and wildlife. Instead of allowing buffer reductions based upon where the adjacent neighbor's house is located relative to the shoreline, WDFW recommends that the city use a system of buffer averaging and enhancement through a variance process. A habitat survey would need to be conducted in order identify and prioritize highly functional fish and wildlife critical habitat within the project area. Buffers at locations containing highly functioning fish and wildlife habitat should be protected and should not be reduced in those areas. On the other hand, areas containing habitat of minimum value might be where reductions could be permitted. As mitigation, areas where buffers are reduced could be required to be enhanced with native vegetation to help reduce stormwater runoff. In addition, the City should require that the homeowner incorporate LID designs as well as other innovative 'designs that will minimize stormwater runoff. Finally, there should be a maximum threshold for the total allowable footprint on the property (WDFW recommends no more than 2500 square feet). Section 18-168(f), ParkingfaGilities: The City should require that all parking facilities incorporate LID designs to minimize nmoff into critical fish and wildlife habitat areas. Project proponents would need to prepare a feasibility study report that evaluates various Mr. Conlen March 19, 2007 Page 7 of 13 DRAFT LID designs to determine the extent that stormwater runoff could bereduced at the proposed development site. Examples of LID designs are listed below: · Amended soils: adding topsoil, if necessary, mixed with organic matter, in order to improve retention of stormwater runoff. · Design new streets with a curvilinear form to allow more flexibility in designing the water quality improvements. · Place sidewalks on only one side of the street. · Create graded swales and plant trees in amended soils to help provide stormwater retention and restore the evapotranspiration that was present before development. · Permeable pavement for parking lots, driveways and alleyways. · Grass parking lots with interlocking plastic grids. · Rooftop rainwater harvesting · Collection and reuse of residential stormwater runoff Incorporating the LID designs into projects can make a significant difference in total stormwater runoff. For example, a project in Seattle (Street Edge Alternative) resulted in a reduced total volume of stormwater within its two-block, 2.3-acre area by 97% for two consecutive years. More information about this project and other examples of the above- mentioned LID practices can be found in a publication titled Natural Approaches to Stormwater Management, Low Impact Development in Puget Sound written by the Puget Sound Action Team in March, 2003. The Washington Department ofFish and Wildlife wishes to thank you again for the opportunity to provide comments on the proposed updates to your SMP. We sincerely hope that you will find these comments constructive in your final deliberations. Please don't hesitate to contact me at the number listed below with any questions that you have regarding the comments and recommendations contained in this letter. I would be more than happy to sit down with you and discuss some ofthe above-mentioned issues in greater detail. Sincerely, ~nuib. ~d Pamela Erstad, PHS/GMA Biologist Washington Department ofFish and Wildlife 16018 Mill Creek Blvd Mill Creek, Washington 98012 Phone: 425.379.2308 Fax: 425.379.2323 Mr. Conlen March 19,2007 Page 8 of 13 DRAFT E-mail: erstapke@dfw.wa.gov Cc: David Brock, WDFW , Jennifer Hayes, WDFW Steve Penland, WDFW Russell Link, WDFW Sandra Lange, DOE Anne Fritzel, CTED References Alternative Bank Protection Methods for Puget Sound Shorelines. Ian Zelo, Hugh Shipman, and Jim Brennan May, 2000. Department of Ecology. http://www .ecy. wa.gov/pubs/00060 12a.pdf Knutson, K.Lea and Virginia L. Naef. Management Recommendations for Washington's Priority Habitats, Riparian. WDFW, December 1997. http://wdfw.wa.gov/hab/phsrecs.htm Low Impact Development, Technical Guidance Manual for Puget Sound. January 2005. Puget Sound Action Team. Washington State University Pierce County Extension http://www.psat.wa.gov/Publications/LID_tech_manua105/lid_index.htm Natural Approaches to Stormwater Management, Low Impact Development in Puget Sound. Puget Sound Action Team March 2003. http://www.psat.wa.gov/Publications/LID_studies/LID_approaches.htm Scholz, N:L. Stormwater and Salmon. Toxics in Puget Sound Forum Program. Connecting the Marine Environment to Human Health and the Economy. Seattle, Washington. Oral presentation. Mr. Conlen March 19,2007 Page 9 of 13 DRAFT Appendix -Sample Language BULKHEADS (Marine) 1. New bulkheads and revetments should be prohibited under the following circumstances: a. If a qualified shoreline hydrologist/geologist determines that the armoring structure may cause significant erosion or beach starvation b. If an armoring structure is proposed to be located on shorelines where valuable geohydraulic or biological processes are sensitive to alteration or development such as feeder bluffs, marshes, wetlands and accretion shoreforms such as spits, hooks, bars, or barrier beaches. 2. New bulkheads should only be if significant wave,erosion threatens an existing development. 3. Shoreline armoring proposals must incorporate cumulative effects analysis to determine how the project may affect adjacent beaches updrift and downdrift of the site. Cumulative effects analysis must be evaluated by utilizing expertise in several different fields of study (i.e.,geomorphologists, marine biologists, hydrologists). 1. Applicants must determine the feasibility of using soft-bank protection techniques prior to submitting a proposal for construction of a new, traditional bulkhead. A thorough physical assessment must be conducted by a qualified professional with background experience evaluating and constructing non-structural stabilization techniques with demonstrated success for "x" number of years, or, for "x" number of structures. 4. If the licensed engineering geologist determines that soft-bank protection is not feasible, the use of hard armoring may be allowed provided all impacts to habitat are fully mitigated and the bulkhead is located at or landward ofthe OHWM. 5. The structure should be designed to conform to the natural contours of the shoreline. 6. If a rock bulkhead is installed, it should be designed so that all spalls are fully contained behind the bulkhead using durable geotextile fabric or other heavy-duty materials. 7. Treated wood bulkheads are prohibited. 8. If an existing structure is to be replaced, the existing structure (i.e., rip rap, timber or concrete bulkhead) should be completely removed prior to installing the replacement structure. 9. Applications for new bulkheads shall include the following (at a minimum): a. Type of construction; b. Elevation of the toe and crest of the bulkhead with respect to water levels; c. Purpose of bulkhead; Mr. Coni en March 19,2007 Pag~ 10 of 13 DRAFT d. Direction of net longshore drift (when appropriate); and e. Normal, low and high water elevations (when appropriate). f. Important habitat features at the site. 10. Stairs or other permitted structures may be built into a bulkhead or revetment, but shall not extend waterward of the face of the structure. 11. If a new traditional bulkhead or revetment is approved, all project impacts must be fully mitigated, in advance, prior to the start ofproject activities. Mitigation measures must incorporate principles of landscape connectivity and extend to activities outside of the project boundaries. SHORELINE STABILIZATION (Freshwater) 1) Shoreline stabilization and flood protection measures shall be compatible with on going shore processes and shall be constructed in a manner as to prevent the loss of in-channel habitat. Soil bioengineering methods shall be the preferred method of bank protection. Use of bank hardening methods, such as rip rapping, concrete walls, or extensive revetments, shall only be allowed when the applicant demonstrates that soil bioengineering will not be effective. All stabilization and protection works shall include revegetation in their design and implementation. 2) Shoreline arrnoring proposals must incorporate cumulative effects analysis to determine how the project may affect adjacent shoreline areas upstream and downstream of the site. Cumulative effects analysis must be evaluated by utilizing expertise in several different fields of study. DREDGING 1. Regulate and control dredging to minimize damage to existing ecological systems and natural resources of both the area to be dredged and the area for deposit of dredged materials. 2. New dredging is prohibited in the following locations: a. Environmentally sensitive habitats (e.g., mudflats, sandflats, eelgrass, kelp, stream mouth estuaries, pocket estuaries). b. In habitats identified as critical to the life cycle of protected fish, shellfish or wildlife c. Along net-positive drift sectors and where geohydraulic processes are active and accretion shoreforms would be damaged, altered, or irretrievably lost. d. In shoreline areas with bottom materials that are prone to significant sloughing and refilling due to currents or tidal activity, thus resulting in the need for continual maintenance dredging. 3. Dredging of bottom materials for the single purpose of obtaining fill material is Mr. Conlen March 19,2007 Page 11 of 13 DRAFT prohibited. 4. In the case oflarge and potentially damaging, or unproductive projects where it is assumed that a beneficial use can be gained through in-water disposal projects, there must be a rigorous, scientific assessment of the proposal to ensure that existing habitats will not be detrimentally affected in the future as a result ofthe project. 5. New dredging projects that convert intertidal habitat to subtidal habitat in order to improve navigability, must include a comprehensive large-scaJe assessment that will identify potential cumulative impacts of site-specific changes to ecosystem dynamics Infrastructure such as marine terminals, piers, mooring areas, boat launches, and marinas should be located in or adjacent to water sufficiently deep to allow full use without dredging. MARINAS 1. Marinas shall make use of the natural site configuration to the greatest extent possible. 2. ,Skirting is prohibited around piers, docks, floats and wharfs. 3. Treated wood products are prohibited. 4. Grating must be incorporated into all overwater structures that will shade nearshore areas. 5. A mitigation plan will be required for all unavoidable impacts to nearshore marine areas. 6. Marinas shall not be sited in areas containing mudflats, sandflats, pocket estuaries or other nearshore sediment accretion areas. 7. Marinas shall not be located in areas that would detrimentally alter littoral drift. An evaluation of nearshore drift cell movement must be conducted during the siting process. 8. Marina's should be sited in deepwater areas to avoid the need for dredging. 9. When located in other than designated port areas, marinas shall be designed and constructed so that littoral drift shall not be detrimentally affected. 10. Marinas shall be designed to incorporate uninhibited tidal bypass in such a manner that will minimize the need for maintenance dredging. II. Marinas shall be designed in such a manner to allow adequate flushing and water circulation within the facility in order to avoid water quality degradation. 12. Prior to designing in-water marinas, an alternatives analysis must be conducted in order to determine if it is feasible to have upland boat storage areas in the vicinity of Mr. Conlen March 19, 2007 Page 12 of 13 DRAFT the project site. 13. Floats, piers, docks, and other structures associated with marinas must be placed in deep water to avoid prop scour and shading impacts. 14. Designs for large, commercial overwater structures should be such that the majority ofthe overwater coVerage is located in waters greater than -(minus) 30 feet MLLW. 15. Rub strips are required on all wood fender pilings. 16. Exposed or shrink-wrapped Styrofoam is prohibited on new and replacement float structures. Floats must be fully contained in a rigid polystyrene tub that is immune to ultraviolet radiation or abrasion. 17. Grounding of floats is prohibited Design Recommendations: In order to minimize reductions in ambient light levels, the following design criteria should be included: ~ Use narrow grated walkways or gangplanks perpendicular to the shoreline to connect to piers and floats in order to minimize shading impacts. ~ Maximize structure height above water. ~ Float widths should be minimized to the greatest extent possible and should not exceed 8 feet for public facilities and 4 feet for residential. Grating must be incorporated on all floats over 4 feet wide and must have aminimUlTI of 60% light penetration. ~ ' Orient float, pier, and dock structures in a north south configuration. ~ Minimize the number of piles needed and maximize pile spacing MARINE MOORING BUOY DESIGN CRITERIA 1. General: All mooring buoys that will be located in water with a depth ofless than -30 feet (MLLW = ?OO) shall meet the f9110wing design criteria: a. The line between the anchor and surface float shall not exceed the water depth as measured at extreme high tide plus a maximum of 20% additional line for scope. b. The buoy system shall include a subsurface float designed to keep the line between'the anchor and surface buoy from contacting the bottom during low tide Mr. ConI en March 19,2007 Page 13 of 13 DRAFT. cycles. The subsurface float shall be located off the bottom a distance equal to 1/3 the line length as defined above in item a. 2. Eelgrass Habitat: If a mooring buoy will be located in water with a depth of less than -30 feet (MLL W = 0.00), a preliminary level marine vegetation survey must be conducted by a qualified diver/biologist to verify the absence of eelgrass (2. marina). The mooring buoy system shall include an embedment style anchor in order to avoid potential impacts to eelgrass associated with surface anchor designs. BOAT LAUNCHES 22. Boat ramps are prohibited on beaches containing documented herring, surf smelt and sand lance habitat and on beaches containing eelgrass and kelp. Boat launches shall not be located on beach accretion areas or in shallowly-sloped intertidal areas because of the large footprint required for the launch pad. 23. Preferred boat ramp designs are as follows (in order of priority) a. elevated railways that have minimal disturbance to beach substrate b. open grid designs that have minimal coverage of beach substrate c. seasonal ramps that can be removed and stored upland d. solid structures that interlock with one another leaving spaces for natural beach substrate and can adapt to changes in beach profiles. 24. Ramps shall be placed and maintained near flush with the foreshore slope to minimize the interruption of geo-hydraulic processes. 25. Boat launching ramps shall be designed so that surface water runoff from adjacent parking, driveway, or road surfaces does 'not drain directly into the water body without water quality treatment. ~ ~ 'r::: /' CL.cGy vEPr; Or +-'- / March 21, 2007 Isaac Conlen, Shoreline Planner City of Federal Way PO Box 9718 -33325 Eighth Ave. S. Federal Way, WA 98063-9718 Dear Mr. Conlen: Re: Draft Federal Way Comprehensive Shoreline Master Program Amendmet (SMP) . Thank ypuJor submitting the prelimi aft of the Federal Way Shoreline Master Program.(S"YlP). Ecology reviews dr ,~, r consistency with Chapter 90-58 RCW - the Shoreline Management Act of 197~flde that carry out its policy and requiremenf$;,~rima Pro ram A roval/Amendment Procedu~$\an 173-27 - Shoreline Permittin and Enforcm Ecologym st also consider comments of other agencies or interested parties' on thet SMP. , After the City receives Ecology's comments on~' draft SMP, we would like to schedule a meeting with the City and its consultant to discu~hem and plan responses so the draft SMP can'~~'Med by Ecology, easily understood by all parties, and properly . imple . by 'he~~x of Federal Way and Ecology. Ecol lJiI'bas review~~ aft SMP submitted by the City, and has the following comm,~ questions: . . . Draft ShorelrA,e L vento Characterization Shoreline Inv3~CI Characterization Report 1.3 Regulatory O~.(view 1.3.1 Shoreline Management Act and Shoreline Guidelines 1. Include citation for the SMA (Chapter 90.58 RCW) and State Master Program Guidelines (Chapter 173-26 WAC) since you are discussing them here. Project reviewers or applicants may need them. 1.3.2 Shoreline Jurisdiction RECE\VED MAR 2 3 2007 CITY OF "'f~ERAL WAY BUILDING DEPT. March 21,2007 Ecology comments on draft SMP Page 2 The definition of shoreline jurisdiction on Page 3, inset paragraph, is confusing and incorrect. It states, "The specific language from the RCW describes the limits of shoreline, jurisdiction as follows: 'those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark (OHWM); floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all associated wetlands and river deltas (ReW 90.58.030 (2)(f)'." That is a partial definition of "shorelands", which is 0, n.,IM-F"."'" part of SMA shoreline jurisdiction. The complete definition of shorelands is: (RCW 90.5~ge (2)(f) "Shorelands" or "shoreland areas" means those lands extending landward for tw~~pcIred feet in all directions as measured on a horizontal plane from the ordinary high water m8i~.'" (gI4WM); flOOdW, ays and contiguous floodplain areas landward two hundred feet from such flood~y~ and all w nds and river deltas associated with the streams, lakes and tidal waters that are SU5J~):to the ,s'IOns of this chapter (of the RCW); the same to be designated as to location by th~~~f~t of ecology". Page 2, second sentence states, "These deSignation~~~stablished in 1972 and are described in WAC 173-18. That chapter of the WAC is titled, Shoreline Mana ement Act - Streams and Rivers constitutinq shorelines of the state... w~ 73-20 is "Lakes . constitutin shorelines of t tate. The definitions of Shoreline ,Shorelands, and Shorelines of the State;, tl1~, MA - RCW 90.58.030 (2). 2. Correct the refer · Citatiornlt J 3. Convey the fac t the SMJ.oreline jurisdiction the City will manage through this SMP includes bott\I~l'td a en ~ir;lcluding or paraphrasing the SMA definition of . "shorelines", "shorel1i~> "sho e~he state": . "Shorelines" means all of the wat~ reas of the state, including reservoirs, and their associated shorelands, together with the land',urejerIYing them; except (i) shorelines of statewide significance; (ii) shorelines on segments of stream~~,fitream from a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes." (RCW 90.58.030(2)(d) "Shorelines of the State" are the total of all "shorelines" and "shorelines of statewide significance" (RCW 90.58:030(2)(c) 4. Federal Way is on Puget Sound, which is designated a "shoreline of statewide significance" in the SMA (RCW 90.58.30(2)(e)(iii) and given special consideration. This would be a good place to include or summarize the SMA policy language describing these shorelines if you haven't done it elsewhere in this SMP: .1 \. i.!, , March 15, 2007 Ecology comments on draft SMP Page 3 RCW 90.58.020 "The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of statewide significance. The department (of Ecology), in adopting guidelines for shorelines of statewide significance, and local governments, in developing master programs for shorelines of statewide significance, shall give preference uses in the following order of preference which: 1. Recognize and protect the statewide interest O\l 2. Preserve the natural character of the shoreli 3. Result in long term over shortterm benefit. 4. Protect the resources and ecology of the sho eline; '5. Increase public access to publicly owned areas of the sh '~\~s; 6. Increase recreational opportunities for the public in the shorelin~;r 7. Provide for any other element as defined in RCW 90.58.1 00 die~;P~ appropriate or necessary". V 1.3.3 City of Federal Way Shoreline Master Program Page 4, first paragraph, fifth senten~1i-l~aIlY,- environment designations should be based on biological and physical capab/~,i<<es~~/iJ!!!t,a"tions of the shoreline, existing and planned development patterns, and a ~~[r1, und' VlsiEn 0, r objectives for its future development." This doesn't convey the in\e~tio 'A~: Guidelines, WAC 173-26-211 for the shoreline e~viro.nme~! c1~ssifi~atio~~;, nor cfoe~. sound like ~ho~eline ecosystems or habitat Identified In this Shor~l~ Inventory and Charactenzatlon would necessarily be protected through more string\~evelopmentstandards. , 5. Substitute language closer to that of the SM~uidelines, WAC 173-26-211, such as, "The s".ttlJ.,~vironment designation or classification system should be based on the bio/q. p.afld2~I;i>f::~ical character of the shoreline, the existing and planned use pattern, ~)" goals ~~tions of the community for its shorelines." . 1.4 ShO~:l~e Planning' s The ext~ shorelin j"nning area is described incorrectly: . . 200 feet f~t~ed waterline edge (to approximate OHWM) of the Puget . . ~g~~~e~~~:~ ~~I~~:d waterline edge of seven freshwater lakes...... This indicates confusion about SMA shoreline jurisdiction and what shoreline areas the City ,will manage through their SMP. Figure 1 depicts a line that appears to represent a 200' strip along the water, but it is not detailed enough to see if it is landward or waterward of the OHWM. One would assume it defines a 200' strip of land that is landward of the OHWM, but the bulleted statement confuses the issue more than clarifies it. March 21,2007 Ecology comments on draft SMP Page 4 6. Make the bullets consistent with Figure 1 and definitions of "shorelines" or "shorelands" to determine shoreline jurisdiction for planning. 7. If the extent of the planning area includes 200' from the aSSO~~J'?l d floodplains and wetlands identified in bullets 3 and 4 include that informatig" SMA shoreline jurisdiction includes "shorelines. compos~ ~ds, water, and the land beneath the water, so the City's shoreline jurisdictiorl,probabl'NP udes the water and beds of the lakes. Whether King County will continue to include Puget; "und waters ' adjacent to Federal Way in their SMA shoreline jurisdiction and adminTh~F; tJeir SMP regulations should be resolved during this SMP amendment process. Theh~Qeral W.ay's Puget Sound shoreline jurisdiction should be characterized and mapped so'a~opment standards compatible with land uses and shoreline resources are included. ' ioh~h~~~:~~=:~;t~~ ~~:: ~:sk~~:~~~ing County SMP, but this is the time 8. Resolve the location of shoreline i1\t, ion"~",,,a, ,r,: botM,.t,h""e,I, a."." kes and Puget Sound, and correct lhe bulleted language to agre~~~jUrisdiction. 9. The Fish and Wildlife Habitat map (Fi9l.~) and Coastal Restoration Opportunities map (Figure 14), would be more usef~l. if l~fScale of this map match~d the scale of other maps such as the Current Conditions (f;")gures 11A-C) and Environmental Designations maps (Figures 12A-C). V 10. Th" u -BEZr we details regarding locations of restoration opportunities. If re, " nced matei1~~~ethe Johannessen et al.report (2005) contain essential ' ~t<'?) ation the te~~ ~p~ld be included here. Any referenced material that is essential to impl~p e";,n,,t the SMP Sj.' .~.'.,"\d be included in the SMP as text or attached and cited as an Appe~~~ '. . 11. King C~artl~A.!jif Natural Resources and Parks (Sally Abella) provided , detailed commept~~~l'tember 6,2006 on the Draft Shoreline Inventory and Characterizatio~kh should be addressed so the Shoreline Inventory and ' Characterization is as complete, accurate and useable as possible. This is important because it will be used for years to determine shoreline designations, identify restoration opportunities, indicate protective development standards and monitor for success March 21, 2007 Ecology comments on draft SMP Page 5 Draft Restoration Plan A. SMP restoration plans must (i) Identify degraded areas, impaired ecological functions, 'and sites with potential for ecological restoration. ' This was done by referencing the Shoreline Inventory and Characterization Report, but the Shoreline I&C report does not describe the locations of restoration opportunities in sufficient detail and the map showing the locations of these opportunities (Figure 14) is too broad a scale to determine the precise locaf "!,~: 12. Again, this requirement appears to rely 0 should be included here. B. Master program restoration plans must (ii) Esta rail goals and priorities for restoration of degraded areas and impaired ecologic.",\.,ptions. 13. Section 3.0 - Developing Restoration Goals and POli~~~langUage to be used as .," "...a starting point for developing proposed goals and polici~ and no prioritization is included. This section, ".qe completed. c. M~ster progra~", :8,';" ratio~'\,",..~ must (iii) Identify existing and ongoing projects and programs that are~~r. ently beinplemented, or are reasonably assured of being . ::,:~:;:~~r:,,~~~~;a ~ likely in the foreseeable future), which are 14. Existing plans and progr~m~,care identified at the regional level and some city and county programs are listea~H~ever, more local information could be included here. For example, Friends of the H~t.~~os Wetlands http://www.hvlebos.orq is a local non- governmental organization inv~\l;d in restoration projects in Federal Way. D. Master program restoration plans must (iv) Identify additional projects and programs needed to achieve local restoration goals, and implementation strategies including identifying prospective funding sources for those projects and programs. 15.Additional programs are suggested in general terms and some specific projects are listed. Funding sources are listed in general terms but are not linked to projects or programs. This section is written as if a consultant was providing options to a client, which might be the case here. The text includes phrases such as "... Federal Way could consider... ", "... the program could implement..." that indicate this section is waiting for the City of Federal Way to state what projects and programs they want and their strategy for accomplishing them. This section must be completed. March 21,2007 Ecology comments on draft SMP Page 6 E. Master program restoration plans must (v) Identify timelines qnd benchmarks for implementing restoration projects and programs and achieving local restoration goals. 16. No timelines or benchmarks are suggested, but they would ~.bly apply to the list of restoration goal projects and programs required by "D." ab~YThe statement that the City should document progress towards achieving restodf!?~~~s during the SMP review required every 7 years is not meaningful unJe~,~'ere ~~rojects and pr.ograms to assess. The requirements of "D." should be comPleted so i~ €;an be done. F. Master program restoration plans must (vi) Providefor mechanis~s~;~a~egieS to ensure that restoratIOn projects and programs will be Implemented acc~~~", plans and to appropriately review the effectiveness of the projects and programs in me~ the overall restoration goals. ' 17. There are no mechanisms or str~ttQ~~~o ensure restoration projects and programs will be implemented included here. T~~~~~~ction on Monitoring and Adaptive ' Management, but it will only be rel~~,nnt,tw tL~Jfi~ntified restoration projects and programs are implemented. This reqlJ~ ment. s afs~. ,dependent on the restoration goal projects and plans required by "0". "--... Intra-agency Coordination Issue . The City of Federal Way consulted with ~c\ logy and other state agencies about odor complaints in the Dumas Bay area. \>' e possible source of the odor discussed b",y'i.J"",,~li.s..!he accumulation of decomposing seaweed (ulvoid) material in the ',filifitidaJa-re.a o~umas Bay. Several staff at Ecology (Kathy Taylor, Lynn lfneider, a~t~s) as well as Washington State Dept. of Health and Puget und Action Tea:m~ave developed a draft fact sheet on beach odors, and will oodti u,e to work W~lh"i lhe City on this issue. ~ ... 3.2.2 Wetland~!Page 17 18. The discu~..a,b",o, ..u,rw,...~.,.tiands along streams does not say whether they are regulated. How do they li~m ,~)! ?ity's plan for providing protection and functions for lakes and other shorelines o~,tne state in Federal Way's SMA jurisdiction? For example, do they help mediate transport of pollutants and/or sediments to the lakes? This section must be completed. 4.1.5 PLiget Sound East, Page 31 19. Four short unnamed streams enter the coastal shoreline in Reach 1A. These streams have steep gradients and are associated with landslide and erosion hazard zones. March 21 , 2007 Ecology comments on draft SMP Page 7 Are they covered in the local CAO? Because of their association with these hazards, they are likely to be important sediment contributors to the marine shoreline on a local scale. The document previously states that the fluvial sediment transport is negligible for the whole Puget Sound. Since Federal Way's jturisdiction is much smaller than the whole Puget Sound, they should not be di~issed. (Refer to King County (Sally Abella) comments on Page 6, Section 3. '( ce? How does it affect 20. Joe Creek is on the 303D List for fecal coliform. Wha, the stream functions and the marine shoreline? Shoreline Environment Designations WAC 173-26-211 (2)(a) State Master Proqram approval/amendment proceau "es and master proqram quidelines contains basic requirements for classifying shor~ine environment designations based on the existing use pattern, biological and physical character of the shoreline, and t~~;/ Is and aspirations of the community expressed through comprehensive plans an~!\~Jtte" ia in WAC 173-26-211 (5). The Recommended classification Syst~);o"" "".S",i..X", b"asic shoreline environments: High Intensity, ~hore~ine Resid~nti~l, U ~,',a"",.,n"" Co ','~h~ <~~"c",:y" ",."R" ural Conservancy, Natural, and AquatiC, which are defined In W <F 17 'Q'~tg)~ocal governments should assign these to their shoreline areasth ;t;f~ criteriafQ(each. The environment designations should assure that existing~y logical functions are protected with the proposed pattern and intensity of develop ',8 1. The shoreline environment designations should also be consistent with policies for r , ring degraded shorelines in the Shoreline Restoration Plan. The City chose shoreline designations of Urban Conservancy, Shoreline residential, and Natural to match their current and planned uses, as well as protect their shoreline resources. These appear to' be appropriate for the shoreline areas designated for each. Although additional research and analysis is needed for the Shoreline Inventory and Characterization; it is not likely to require revision of the environment designations. Management Policies for shoreline environment designations 21. The City chose to include those in WAC 173-26-211 for each designation, but might omit those that do not apply to their shorelines, which is appropriate. Existing Management Policies to Keep (from current SMP) "LUP83 Emphasis should be given to development within already developed areas" This policy applied to the former "Urban" Federal Way SMP (FW SMP) shoreline designation and is proposed for the new "Shoreline residential" designation. March 21 , 2007 Ecology comments on draft SMP Page 8 It appears to conflict with the proposed FW SMP Management Policy A for "Shoreline residential" to establish standards and regulations for density, setbacks, lot coverage, buffers, vegetation conservation, and other dimensional and functional restrictions to assure "no net loss" of ecological functions. It might also conflict with other local codes and plans that apply to residential areas, like zoning codes. It would probably apply best to "High Intensity" environment, which the City did not use. 22. While it is important to direct development to appropriate areas, further qualifications are needed if this policy is applied to the "Shorelin Residential" environment. Part 2 Revised Table of Permitted Uses for n oreline Environment Designations (Page 8 of 9/27/06 version) , . The "P" used in the legend stands for "Allowed as e~~ pt fr2~rmitting or permitted with Substantial Development Permit". The legend incl~a:s,.,~,' '. urmi~~:~ses and additional qualifiers, resulting in a confusing table that would need more expla 'a"ti;~' to ensure that shoreline permits would be consistent with the SMA and its provisions, partic l~J,.WAC 173-26 - the Shoreline Master Proqram Guidelines and WAC 173-27 - Shoreline Perm.itlf and Enforcement Some uses included in this table as possibly exempt from shoreline permit re"'iji~{Tlents need development standards to reduce their impacts on shorelines. These include shat~ne Stabilization/"Protection" projects; Piers, Moorage, 'it1!~MQ)ts' Office and Commercial development; Recreational ~~;~~mm:~~;it~~~~~~ti ~:~~; Accessory Structures; Transportation/Parking facilities; Most of these are li~ . s.,possibl ~ or needing only an SOP in either Shoreline Residential or Urban Conservancy S~I'~lin~it:Q~~~'4'~ Residential Development, Recreati~nal Development, and Access0~ie(Ures belng~p.Q~!ll)bly exempt or needing only an SDP In the Natural Environment, which a~,not comply with1he SMP Guidelines - WAC 173-26-211 (5)(a)(ii) (C) Single family residential deve.J...~T:!!.ent may be allowed as a conditional use within the "Natural" shoreline environment if the densltY,anCZintensity of such us~ is limited as necessary to protect ecological functions and be consisten~h the purpose of this environment designation. The information and organization of the table is too broad and does not appear to support the purpose of the shoreline environments or be consistent with the SMA, SMP Guidelines - WAC 173- 26 or WAC 173-27- Shoreline Permitting. For uses or development to be exempt from the requirements of a Shoreline Substantial Development Permit within SMA shoreline jurisdiction, they must comply with RCW 90.58.030(3)(e)(i-xii), WAC 173-27-040, and the Federal Way SMP. 23. This table should be revised reflecting uses that support the shoreline designations; and standards and regulations for those, uses consistent with WAC 173-26-211 and WAC 173-27 - Shoreline permitting and enforcement. March 21,2007 Ecology comments on draft SMP Page 9 CHAPTER # SHORELINE MASTER PROGRAM Purpose 24.lf this is the only place that the Shoreline Management Act and purR~~ and contents of Shoreline Master Programs are mentioned, insert a definition Wi!R..~~", )'9re information before the first sentence, such as "The State Shoreline Management Act.(01A) - RCW90.58 directs local governments to develop and administer local Shoreline Mas~';f.,; ms (SMPs) for regulation of uses on shorelines of the state, and Chapter 173-26 W~,.,tt'e S , uidelines - provide standards and criteria for those regulations. The local SM~ a comp ~)Qsive use plan for local shoreline areas that includes desired goals and policies that are con..s~tent with the State SMA; maps, diagrams, and charts; other descriptive material; uses and dev~""m"e,m n, t regulations." ~ Shoreline Use Element Shoreline Master Program Goals (5 J~,~. SMPG1 Shoreline areas shall permit a~'~~ City's zoning and Comprehens v.,/ Plan" locations for all allowed uses a "e1f evel' natural features of the shoreline 11).,s adverse effects on shoreline ecolo'f nctions. 25. This goal should be revised to include the inm~lon to establish standards to protect the shoreline from impacts of the variety of develT2m~nt types that will be allowed so no net loss of the shoreline ecological functions occur. It shOlli~f~Rclude the term "SMP shoreline designations" to reflect the importance the SMA jurisdiction an~iJtie new SMP, as well as City Zoning and Comp 8 ;~~iQ(lations. They are the core of your shoreline management effort that will hOP, e .~~, .et loss" of ecological functions identified in your Shoreline Inventory and c... erizaliO:. ~ Shore ~aster progr~ ~IICles (SMPP) . SMPP2 Sh'e~!,.Q:"e, ,land and \~,~er uses should sa.tisfY the economic, social, and physical needs~qf,,\he regio il~population, but should not exceed the physical carrying capacity, Q~he s' ';1 line areas. . 26. This policy sh~ v[ed to indicate that necessary and desired uses of the shorelines can be balanced with e~~ther and still protect the shorelines and their ecological functions. Using the term "carrying capacity" implies that all desired uses will be allowed until they stretch the limit of what the shoreline ecosystem can endure, which is probably not what the City intends. This is where your Shoreiine designation, purpose for the designation, uses that support the purpose, and development standards forthose uses really mean something. evelopment types in accordance with the ations. Designs, densities, and ould consider physical and he greatest extent possible, March 15, 2007 Ecology comments on draft SMP Page 10 SMPG2 - Residential use of shoreline areas should be continued and encouraged, allowing a variety of housing types. New development or redevelopment of residential uses should avoid, to the greatest extent possible, adverse effects on shoreline ecological functions. 27. This goal should be revised to make a connection with the shorelin '~entory findings, subsequent shoreline designation, allowed uses, and developmef'~€Julations to prevent adverse effects to the shoreline ecology. As stated, there is no ".\arlink between how continued and encouraged residential development will a~v, .@'" U~!D~ adverse effects to the shoreline. In the Natural Shoreline Environment, the SMP>~ eli~~~ AC173-26- 211 (5)(a)(iii)(C) only allows single family residential develo ment as a~€.. ditional Use, so it would not be encouraged. . ' SMPP9 a. Residential devel~pm, ent in desig~ated c~i~ical areas or thei~ ass~"'~""~,edd buffers should be regulated as required under the City'S critical areas regulations. ' ".> 28. If the critical area is within SMA shoreline jurisdiction the SMP standards also app ,and they prevail if they are more consistent with the SMA or the WAC seCtions that implement it, including WAC 173-27, Shoreline P~l"r:Bitting and Enforcement. For instance, the SMP regulations for shoreline variance P'~"~,ii's..~<-till",, aa,p"p.".,I,y for proposed reductions of setbacks from the ordinary high water mark or othe: :rfi)dif4~~~ to required dimensions. b. Residential development oQ"pl\iers en O've-twater should not be permitted 29. This should be rewordeQ.gs "Reside'nt~ d.9'pQil~,..on piers or over water is , pro~ibite~" so there,i.~ ':' ., ',~OOiMu.,s, ,ion a~,'" ' ,tole sn . r . e permit exemption for single family resldence~ co ~'jent wifr"..\ SMP GUidelines. . ~:::"~~:t:~~~~~~ sh ,.,~~~~.~:h~ot displace or encroach upon water- 30. This goal should a~.~~~termine allowable uses for the different shoreline deSignation~Q'~"r,n""ti.nued opera,tlon of existing uses is assured. Preservation of the shoreline for water ,l~~endent uses is consistent with the SMA and SMP Guidelines, as is predictabi~ontinued residential use where it is designated. SMPP11 Residential densities should be consistent with zoning and should consider physical capabilities of the shoreline areas and public services requirements when considering new plats or rezoning applications. and effects such densities have on the environment. 31. This goal should be revised to reflect how the shoreline ecosystems, processes, and functions identified in the Shoreline Inventory and Characterization will be considered when determining residential densities, zoning, development patterns, etc. The sentence that was stricken was the only part of the goal that indicated density might affect the shoreline. The meaning of "physical capabilities" of the shoreline is not clear as it is used here. SMPP11 a Subdivisions and new development should be designed to adequately protect the water and shoreline aesthetic characteristics March 21, 2007 Ecology comments on draft SMP Page 11 32. This should reflect the intention to protect shoreline resources identified in the Shoreline Inventory and Characterization through appropriate development regulations. SMPG3 Shoreline areas designated by the Comprehensive Plan to allow for commercial development shall permit a variety of commercial and office park development types. New development or expansion of existing commercial and office uses should avoid, to the greatest extend possible, adverse effects on shoreline ecological functions. 33. Revise this goal to reflect the SMP's shorelini, 'lgnation where commercial development will be allowed, which may b.,. ',' .,r~ consistent with the SMA than the Federal Way Comprehensive Plan. The St~'Guideline '\./pAC 173-26-241 (3)(d) state that local Master Programs should prohibit riofl~9ter Flied commercial uses on the shoreline (SMA shoreline jurisdiction) unless thE9~ ." ,".,'"...... ertain criteria, including restricted navigability at the site, they are part of ~i~d-useproject with water- dependent and public benefit functions, and/or provio'~'!r!.blic access and ecological restoration. In addition (3)(d) states, "Master programs~~,Jl(" a a:ssure that commercial development will not result in a net loss of shoreline ecolo"fJ,~ functions 'or have significant impact to, 001, 'f1~7i"'8h.,o" Ii, eline uses, resources, or values provided for in the SMA policy (RGW 90.58,,~a)jst:li1'as navigation, recreation, and public access." Policies SMPP14~>. . garding.~ mercial development and aspects of development on shorelines and,CJ.}tl~tic res" '~'-. 34.These should be re~~d ,gt7f;le€tiJ@qMlte~nts of WAC 173-26-241 (3)(d); state and local requirements for"': anage~nt-.practices to protect water quality from stor.mwater run.off; and a~.IR.P~ent regulation~ to protect shoreline resources and avoid adverse Impacts to s~~es and aquatic resources. ' SMPPG4 Regional and sUbregioh~ utility facilities, including communications, (radio, TV, and telephone), energy distribution(petroleum products, natural gas, and electricity), water, sanitary sewers, and storm sewers should be allowed in shoreline areas. Design, location, construction, and maintenance of utility facilities should avoid, to the greatest extent possible, adverse effects to shoreline ecological functions. . 35. While it is often necessary for these to be located within shoreline jurisdiction, this policy appears to encourage them without indicating the need for regulations to protect the shorelines. This policy should indicate that when these utilities must be located within shoreline jurisdiction, they must follow all local, state, and federal laws that apply to them - and the Federal Way SMP should have development regulations that will apply to utilities for each shoreline designation. March 21,2007 Ecology comments on draft SMP Page 12 SMPP26 New utility facilities should be located so as to neither require extensive shoreline protection nor to restrict water flow, circulation, or navigation. 36. This policy is not clear and should be reworded, perhaps as, "New utility facilities shall not be located within shoreline jurisdiction unless there is no alt rnative; or in geologically unstable areas where shoreline armoring would eeded to protect them; or where they would restrict water flow, circulation or navi . SMPP29 New freestanding personal wireless service..r:~~ It:s' ~', ,..,',' e discouraged from . locating within the shoreline environment. V, ' 37. How are they discouraged and in which shoreline environments? 'f~,.City should develop a policy on this use since demand is high. They might be ac~~~ablle in some shoreline areas but not others. ' ~ ' SMPP 40 Areas of significance in the spawning, nesting, rearing, or resid ncyof aquatic and terrestrial biota should be given special consideration in review of proposed shoreline protection act~t~ 38. This language should be Change~~~tention. which appears to be to consider shoreline ecosystem comp@J'l~nts whf'!Il re'ltiewing shoreline stabilization projects because the project might in~~ere '.' atl.tF~oreline processes. Connecting the Shoreline Inventory anat:~}.fi;l. cteriza1ib~?o the permit review process is essential to achieve "no net loss of ecold~I.~1 functions" like the organisms described in SMPP 40 above. Change the term "shore~iinfiit protection activities" to "shoreline stabilization" if hardening, armoring, or erd~ control methods are really meant here. SMPP 41 l1~~~e protection activities should be discouraged in areas where they would. ' ffe~~J?luffS' processes important for maintaining beaches. 39. . f this Goal 'S~~ction has been appropriately changed from shoreline "protection" t ~~o.',..r.,e"line "stabiliza~~R'" and ~o ~hould this reference to shorelin.e, protection b~. chaFl,g~d to reflect the\SMP GUidelines, WAC 173-26-231 (3) ProvIsions for speCIfic shoreli~'~',O",.dificationS~,(a\"ShOreline stabilization". Using the term "shoreline protectioAZI., misleadin~ .npw because the shorelines themselves are the focus of protection und~he :!)~J:}(, Chapter 90.58 RCW and SMP Guidelines, Chapter 173-26 WAC. Wher~Iil~. s~~~es that term it is c1earthe residence is being protected, not the shoreline, as in~~ 90.58.030(3)(e)(ii) regarding development exempt from shoreline permit requirements, "Construction of the normal protective bulkhead common to single family residences". SMPG6 Piers and moorages should be allowed when associated with residential, recreational, or other public facilities. The design, location, and construction of any pier or moorage should avoid, to the greatest extent possible, adverse effects on shoreline ecological functions. March 21,2007 Ecology comments on draft SMP Page 13 SMPP43 . Conflicts between piers and recreational uses; 40. Change this language from "Piers should be discouraqed where conflicts with recreational boaters and other recreational water activities would be created by pier construction" to "Piers will be rohibited or ermitted as a con .. nal use where conflicts with recreational boaters would occur......." beca".F9.' sounds like a potential safety issue. " / . SMPP44 The random proliferation of single purpos ' s :~ be discouraged. Preference should be given to shared use of piers in all shoreH~'Meas 41. The term "single purpose pier" is not clear. This should be revised t~)~'"",I,.e.c"t the requirement of the SMP Guidelirles regarding residential piers and do~k;L" WAC 173-26-231 (3)(b) "Where new piers and docks are allowed, master progr~tS should contairi provisions to require new residential development of two or more Clw~lIings to provide joint use or community dock facilities, when feasible, rather than allow individual docks for each residence." SMPG7 Increase public access to shoreline areas provided that private rights, public safety, and the natural shoreline character are not adversely affected. 42. Include language fro is u'M" ' RCW 90.58.020 or SMP Guidelines to convey the fact th~ public alread",,:',Y, , .,:yan Infe~E1t in the shorelines of the state even though much is pnvately. owned~r WAC173-26-221 (4 )~~IiC ac !'Wl\Les the ability of the general public to reach, touch, and enJoy th.e water's e~ge, te"t~:V~ he-w~~ 0 . ~ s~ate, a~d to view the water a~d the shoreline from adjacent locations Publ~ a.~",cessprOVISlonS-(wthIS section) apply to all shorelmes of the state , unless stated otherwise." Als0, WAC 173-26-221 (4 )(b )(irprom~'1<~hance the public interest with regard to rights to access waters held in public trust by the stat~~lle protecting private property rights and public safety," (b)(ii) "Protect the rights of navigation and space necessary for water dependent uses," (b)(iii) to the greatest extent feasible consistent with the overall best interest of the state and the people generally, protect the public's opportunity to enjoy the physical and aesthetic qualities of shorelines of the state, including views of the water. SMPP49 Development of public access should respect and protect the enjoyment of private rights' on shoreline property. 43. The meaning of this policy is not clear. Does it mean that members of the public or private property owners should be able to enjoy their private (individual) rights when they are on shorelines of the state, or public or private shorelines? March 21, 2007 Ecology comments on draft SMP Page 14 SMPG9 Recreational experiences that depend on, or utilize, the shoreline, including harvesting activities of fish, shellfish, fowl, minerals, and driftwood, various forms of boating, swimming, and shoreline pathways; and watching or recording activities; such as photography, painting, or viewing of water dependent activities, shall be encouraged within parks and other public access areas, given that they avoid to the greatest extent possible adverse effects on shoreline ecological functions. 44. "Harvesting activities" for fish, shellfish, fowl, minerals, and driftwood can have adverse impacts on the shoreline ecosystems in which they' exist, which is why some are managed through permits, like fishing and hunti!1~riftwood cali be an important part of beaches' aquatic ecosystems for stabilizatio~pa habitat, so its removal should be restricted either by education so people W~",j,~.,',m,,/.jI{,,'h hleir drift,W"OOd collecting, posting the Washington Dept. of Natural Resources r'~,.""n"""s f,or"r,~,c~!, cting driftwood, Policies SMPP61-66 Policies to carry out Goal'SIVJ;R@~ve 45. These policies should be linked to achieving IIno~~~$ of ecological functions" by considering resources and ecological functions identi~~.,tnh".,.e Shoreline Inventory and Characterization for each shoreline area and environmen,q~ignation, and the detrimental effects som roposed recreational activities cOl:1ltJ have on them. ~i~f[~~~~~I~~~il~~i~~~E1[~~~~~~~~:~fj~;~~ Natural EnVironment.~~~lan. SMPP68 Develop standarc:l's~l?uffers, and mitigation requirements for designated critical areas in the shoreli~~'q~istent with citywide regulations unless more protective. measures ~r~ requir~tp prot~ct shoreline ecological ~unctions. 46. Regarding SMP PoliCies 67 and 68 - While CAO and SMP regulations need to be consistent with each other and the plans they implement (comprehensive plan and shoreline master program) the local CAO/Comp Plan regulations for critical areas within SMA shoreline jurisdiction will now become part of the SMP shoreline requlations and be implemented as part of the SMP by both the City and Dept. of Ecology. They will be revised, when necessary, through the SMP amendment process described in the SMP Guidelines (Chapter 173-26 WAC). Since the City is completing their comprehensive SMP amendment, this is the time and process by which to integrate the CAO regulations into the SMP. 47.ln addition to being consistent with the CAO and Comp Plan, the new regulations must be consistent with the Shoreline Management Act and its provisions for permitting and enforcement - Chapter 173-27 WAC, and the SMP Guidelines - WAC 173-26. March 21,2007 Ecology comments on draft SMP Page 15 The shoreline regulations must establish standards and regulations for allowed uses in shoreline segments that support the purpose for the shoreline's environment designation. . The criteria the City used to determine the shoreline environment esignations included analysis of findings from Shoreline Inventory and Characterizati is provided information on ecological functions, processes and shoreline t that must be considered when development is proposed. The complete .j~opment shall result in no net loss of those resources from the shoreline in which t " ' et~~~ent will occur. The ~~:n~~~li~~~to contain mitigation measures that will beaj>plied t~ate for some . SMPP69 All new development and activity in or adjacent to shorel~\as should be designed, constructed, and operated as to not cause si~mificant adve,l!~e impacts to ground or surface water quality. ' v 48. Revise to say "and operated to avoid siqnificant adverse impacts to ground or surface water quality". This is an approp.mit:~lace to affirm that the City will use Ecology's , Storm water Manual's Best ManctQ~~'".",. ',~.~r'l,i, ra"",c., t,ice" s fo r all development to protect water quality from runoff. Existing measu'r~, for"I~~l2act development (LID) might be required in areas where shoreline e6~..y'stem~~1:I.nctioning well or where they are barely functioning. Less runoff from d~ 10 ns~~or either situation, as is established vegetation along the shore11i een d~elopment and the water. That underscores the need for a detailed Ve ~t~il ion Conservation section with Goals, Polices, standards and development regu ' ns. SMPG11 Assure preservation of unique and an-renewable natural resources and assure cQ,I1l~!~~'ij,(:>n of renewable natural resources for the benefit of existing and future~ra(iOfl~ the public interest. ' 49.1:, 'ppears to fre~ffi~ Goal that should include policy language regarding "Shoreline 'i fl 'ation conserv,,)~on", required by the SM.P. Guidelines, WAC17~~26-221 (5)- WA.€ 3-26-221 Gen < master ro ram rovlslons state, "The proVIsions of thiS sectio ~~II be applie IthEir generally to all shoreline areas or to shoreline areas that meet th~li,eead crit, jOf the provision without regard to environment designation. SMPPolicies ~~., .. ended to carry out SMPGoaI11, and they would benefit from language requiring pr~lrvation of existing vegetation during development to protect the shorelines. In addition, SMPGoals 12, 13, 14, and 15 and the policies to implement them, SMPPolicies 76, 77, 78, 79, 80,82, 83, 84, 85, 86, 88, 90, 91,92, address protecting shoreline ecosystems from impacts of development; restoring and enhancing shoreline habitat, functions, and processes; addressing impaired shorelines; and voluntarily restoring shorelines on private property. ' March 21,2007 Ecology comments on draft SMP Page 16 50.AII of these Goals and policies indicate the need or refer to the issue of vegetation conservation, but stop short of establishinq requirements to actually do it. This should be done. SMPP69 All new development and activity in or adjacent to ~eline areas should ~: :r~~~~e:; :~~:~~~:~/qn~a~~~rated as to not cau,s ~""e"", ~r.:r,'I,.'c",ant adverse impacts SMPP71 All renewable natural resources should be ~~~~,~~hat use or ~':;:~~P::;o~~~: ~~~::~:~~~h:h:a~:;;~:a~~".",i"o"".,,~~~ ~:~~;:Lc\v,n" e. planning. a. All future shoreline developme"n""", ,..... ~d be Plann:;d~~,n", ed, and sited to minimize adverse imp~ ~pon the natural shOre~~f1. , environment and ecological ~~~.ons. ..,'. SMPP73 Scenic and aesthetic qualities and e~.,;.. ic ctions of shore:ne should be recognized and preserved as valuable res_our~~;./~ a. When appropriate natural flora and f~~fl;... should be preserved. b. In shoreline areas, the natural topograp~-J1. ould not be substantially altered., ~ c. Shoreline structures should be sited and des'g. ed to minimize view obstructio" tI.,',.,,'~~"',u u!blic properties and shoul be visually compatible with the,~reli,~i.~aracter. , d. :~d~.i;, d. d aqult';~ jabitats, including spawning grounds, should be SMPP74 Resourc~ )~).ould b c!,Ar;l,CM)ed to enhance the environment with minimal adverse effect. ' ,". '''~ a. Shoreline, .rl.~..~ er and ove"""Y-ster activities and development should be planned, cQl)~tructed, and operated to minimize adverse effects on the natural proc~~~s of the shoreline, and should maintain or enhance the quality of air sq,i1~natural vegetation, and water on the shoreline. Use or activity which substantianYdegrades the natural resources or ecological functions of the shoreline should not be allowed without b. mitigation as required under the Federal Way Municipal Code (FWMC) Chapter 18, Environmental Protection. SMPP75 Critical saltwater and freshwater habitats (critical habitats) support valuable recreational and commercial fisheries and should be protected for their importance to the aquatic ecosystem as well as state and local economies. Where uses, activities, structures and landfills must locate in critical habitats, impacts to these areas should be lessened to the maximum extent possible. Significant unavoidable impacts should be mitigated by creating in-kind replacement habitat near the project where feasible. Where in-kind replacement mitigation is not feasible, rehabilitation of March 21,2007 Ecology comments on draft SMP Page 17 b. out-of-kind or offsite degraded habitat should be required. Mitigation proposals should be developed in consultation with the City, State Department of Fish and Wildlife, and any affected Indian Nations. c. Development that is outside critical habitats that has the potential to significantly affect said habitats should be located and designed as to not create significant negative impacts to said habitats. d. Wherever feasible, bioengineering should be used as the bank protection technique for all streams considered to have critical habitat. e. through k. - regarding effects of deve pment on shoreline resources. SMPGoals 11,12,13,14, and 15 address pro 9 shoreline ecosystems from impacts of development; restoring and en~:\,""'"",.. ' g shoreline habitats, functions, and processes; assessing shoreline impairmen}~V~ degra n; and promoting voluntary shoreline restoration projects on p ~~t.e p y. SMPPolicies 69, 71, 72, 73, 74, 75, 76, 77, 78, 79)~8,);) ;:i,.,., ,83, 84, 85, 86, 88, 90, 91,92, implement the above Goals. 51. These Goals and Poli.cies must be linked to the Sho ~"'...' ,Inventory and Characterization and shoreline regulations so the SMP\;~~!..be implemented to result in 'no n.et lo~s of shor~line ecological functions. The lin~s fr~ncept t~ action seem lackmg with no partlcu#[~~.~erence to the SMA polley "to protect agamst adverse effects to the. publi~~lt~~land and its vege.tation and wil~lif~, and the water~ of the state and their a9'~~1C life". Ttil~~\ may be essential to accomplishing these shoreline management.f and thos~the Re. s,toration Plan. Shoreline Environ~ 1-c;J. ;,oU.cies document) Purpose 52. The terrT:l"Purpose" here Is C, IJfusing since the "Purpose statement" is an SMP Guidelines requirement for ~~~s.horeline environment designation. Remove it and begin this section with this or simi~r text: Shoreline Environments "Shoreline management must address a wide range of physical conditions and development settings along shoreline segments. Effective shoreline management requires that the Federal Way Shoreline Master Program (SMP) assign different sets of environmental protection measures, allowable uses, and development standards for each of these shoreline segments. The method for local governments to account for different shoreline conditions is to assign an environment designation to each distinct shoreline section in its jurisdiction. The environment designation assignments provide the framework to implement shoreline goals, policies and regulatory measures specific to the environment designation." (WAC 173-26-191 Master Program Contents (1)(d) Shoreline environment designations) March 21 , 2007 Ecology comments on draft SMP Page 18 This will hopefully convey the concept and remind future users of the Federal Way SMP how the shoreline environment designation process is used to carry out the Goals and Policies of the SMP/comprehensive plan. I Page 16, "Purpose" last paragraph, "Each environment desi~tion category includes (1) a purpose statement which clarifies the mea ..u~.., nd intent of the designation; (2) criter,ia to be used as a basis for classi "~~,"" specific shoreline area with that environmental designation; and (3) Detaile .,. .: . ' anagement policies designed to guide management decisions and ass is :\I- interp~tt,.i i"o,o.n of environment designation regulations consistent with the character of the envi~I!)"n:i' ent". ' 53. Some changes are s~ggested to t~e ~~ove statement because "cafu9;Q.t>.'.',appears to be another layer of requirements (which It IS not) and the management pOl~~s,must be "detailed" instead of "general" according to WAC 173-26-211(4 )(a) "-> Page 16 Draft Goals and Policies - Shoreline Environments ' 54. This section quotes parts of the ~~'~",~uidelines, WAC 173-26-211 language that local governme~ts must u~e to deSign~~~n~-eQ.ulat~ the vari~us .shoreline environm~~ts. , However, It does not Include the Cl,.1i,{s"~,,,' 0 ~nQ~"c"es"""..f,or criteria, management poliCies or development regulations that will be~pl,ied" t t'9i" Q~ftif:lJ!a",rr s sEegments of the Federal Way, Shorelines. How and where are thes~/i,n.ked40 ttfe~oats..and Policies in the draft SMP? Page 16, Shoreline Residential Purpose, last paragraph, first sentence,".... ctures that are consistent with this chapter." 55. Substitute "consistent with the SMP Guidelin~ - WAC 173-26-211 (5)(f); the SMP' , GUid.eeJi :~~,.. "r~..,.aa,,!Pter 173-26 WAC to clarify what "chapter" you are referring to. ~~ to refer to a chapter of the Federal Way SMP. cri~erbatim lan~e from the SMP Guidelines, WAC 173-26-211 (5)(f)(iii) for Shorelill~ ~esidential ~~V\onment Designation criteria. 56. The~~fite, r"ia should 1:)' ,l"iTsted and used to determine what kind of shoreline areas will be deSigfl,ate~s "ShoriY1e Residential". Even if they are used exactly the way they are written, th~lll s, h"O,.,U"",. akeownership of them by removing the third person directions and listing th~6'e covered. . Page 17 Management Policies 2. "Standards should be developed and implemented for setbacks or buffers, lot coverage limitations, shoreline stabilization, vegetation conservation, critical area protection and water quality. These standards should be employed in residential designs so that new development would not degrade shoreline ecological functions or aesthetic values, taking into account the environmental limitations and sensitivity March 21,2007 Ecology comments on draft SMP Page 19 of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations." 57. The manaqement policies for each shoreline designation are the last step before development reaulations are established, but the above language does not convey a strong enough intention to do that. I suggest substitute language more closely reflecting the intent of the SMP Guidelines, WA.C 173-26-211 (5)(f)(ii); .., Standards shall should be developed and implemented for setbacks or buffers, lot coverage limitations, shoreline stabilization, vegetation conservation, cr" }ical area protection and water quality to assure no net loss of shoreline ecological fun , taking into account the environmental limitations and sensitivity of th ,. ,eline area, the level of infrastructure and services available, and other compreh e planning considerations." 58. Some substitutions to make the statement ~0~ on with the SMP Guidelines are: "These standards shall should be emPloy~d.f:J r ential designs so tRat-new . development will would not degrade shoreline e,~nclions or aesthetic values". 4. All residential development should occur in a manne'~Q~sistent with the policies listed under Goal SMPG2 of the shoreline use element. V 59. Goal SMPG2 and its " have already been noted as needing more details , regarding where re i'a~~elopment should be continued and encouraged, and what regulations a be neecL d to achieve "no net loss of shoreline ecological functions" fro~~opment.l ). . 60.Make sure the ~h~);.e~~~a",~the,comprehensive 'plan Land Use Element are not remo f m the SMPza~eause they are essential for a complete SMP (RCW 90.58.030(3)(b). Page 17 - Shoreline Residenti '\ 61. The SMP Guidelines - WAC 173",/6-211 (4) includes the General Environment Designation provisions: (i) Purpose (ii) Classification criteria (iii) Manaqement policies, and (iv) Environment-specific requlations The Shoreline regulations to carry out each Shoreline Environment's Purposes and Management policies are not included here to address these: (A) Types of shoreline uses permitted, conditionally permitted or prohibited; (B) Building or structure height and bulk limits, setbacks, maximum density or minimum frontage requirements, and site development standards; (C) Other topics not covered in general use regulations that are necessary to assure implementation of the purpose of the environment designation." How will uses and regulations for the Shoreline Environments be linked to the "Shoreline Inventory and Characterization" so impacts from proposed development can be assessed? March 21. 2007 Ecology comments on draft SMP Page 19 , , 4.1 ARTICLE III SHORELINE MANA,GEMENT - DRAFT REGULA TIONS Page 2 of 46 18-163 Additional definitions 52.Add Chapter 173-27 WAC to list of laws and codes because it defines terms used to carry out SMA (RCW90.58) objectives for shoreline permitting and enforcement. 53. Include a few additional words from WAC 173-27-030(1) for "Act" - the Washington State Shoreline Management Act of 1971. Chapter 90.58 RCW, as amended. This clarifies that the SMA continues to apply eV~~hen amended. 54. Add "r" in stream - ~ritical saltwater and f!:es"",..',.,',..",.,..",.',erhta,.,b,.,,i,tats. (5.) Pocket estuaries ' including stream mouths.... " 55. Include definitions of shoreline ma, nageme. nt-,~ GJ,iff,iiCC l~ ',' from the SMA (RCW 90.58.030 or WAC 173-27-030, "Definitions" s€6~~i the Federal Way SMP so present and future city staff will understand what ro~ ,overnments and Ecology must use to implement the SMP. I listed some here. but tti~~ay be others. Averaqe qrade level means the average of the natural or exIstJ.. 'toPOgraPhY of the portion of the lot, parcel. or tract2frF"~hRroperty which will be directly under the proposed building or s.tructure; In the ca".~"s"" ~e~rtl~":",e,,,s to be built over the water, average grade level shall be the elevation of t@,..rtJinarylii9t:.,...,watermark(OHWM).Calculationof the average grade level shall be ma~,." a.,.,veraging iit",ground elevations at the midpoint of all exterior walls of the proposed bUlldJI'l~ or stru \ '. ' (Include this definitionY{f!!J ..".,. ..~ 1~~8:f).';3J so Ecology and the City are consistent when reviewing or enforce~ ~. . ~horeline pel(lJifs and as-built co~ditions. Even if t~e City has "averaqe qrade level" eJef!.rutjons and measurement methods In other codes, thIs one applies within SMAshorelinefwf~tiOn).. . Fair market value of development i~e open market bid-price for conducting the work, . using the equipment and facilities. and purchase of the goods, services, and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor. materials. equipment and facility use, transportation and contractor overhead and profit. The fair market value of any donated, contributed or found labor. equipment or materials. (This definition is the value applied to developmentto determine whether it needs an SOP or is exempt from those permit requirements). March 22, 20.0.7 Ecology comments on draft SMP Page 20. Heiqht in the shoreline is measured from "average grade level" to the highest point of a structure, and television antennas,chimneys, and similar appurtenances shall not be used in calculating height, except where they obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the a"""R,.,..,p. licable SMP requires that such appurtenances be included. Temporary construction eQtfi~ ent is excluded in this calculation. Natural or existinq topoqraphv means the topography ofJ,.", ,gi~~I, or tract of real property immediately prior to any site preparation or graa1tt , inclu i~C,,' avating or filling; Development means a use consisting of the construction or exterior altef:~Qn of structures; dr~~ging; d.r~lIing; du~ping; filling; r.emoval of any ~and, gravel, or minera~)",~~kheading; dnvlng of pIling; plaCing of obstructions; or any project of a permanent or temp~ary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the SMA (RCW 90..58) at any state of water level. Department of Ecoloqy and the partnership e '!!E!lplished by the SMA (RCW 90..58.0.50.) between local governments and the state (DeJi~~$!~ Ecology) to manage the state's shorelines should be included somewhere ne~r';pe beginning of the SMP or in the definitionJ~~"", ased RCW 90..58.0.50. here as suggested language: . ."'~ liThe established"a c .~.erative program of shoreline management between local government and ... s,,~tate ,with local ~'~e),,',.',.n,ments having the primary responsibility to initiate planning for their Shorell~. aster Program ('N.' ,., :..\.) and administer its regulations consistent with SMA policy (RCW 90.58.020}~:d its provisions.!2~imarily Chapters 173-26 and 27 WAC. The Dept. of Ecology has a supportive r01~ tG. provide, loc: :J"g\overnments with planning and technical assistance; review and approve SMP~a~" in.sure., G,.,lfflilPliance with the SMA and related WAC sections when the SMP is implemented ~~d"'~/ Hearinqs Board meal'l~e shoreline hearings board established by the SMA. Substantial Development means an value exceeds five thousand dollars ( interferes with the normal public use of threshold must b~ adjusted for inflation b five years." Geographical terms from the SMA- RCW 90..58.0.30. (2) may be important to include for consistency with the SMA and related WAC sections when the SMP is implemented by the City and Ecology. Some may already be in the Federal Way SMP: Extreme low tide means the lowest line on th~ land reached by a receding tide. (used to determine SMA shoreline jurisdiction on Puget Sound). March 22, 2007 Ecology comments on draft SMP Page 21 Floodway (paraphrased)- that part of a river valley lying streamward from the outer limits of a water course where flood waters are carried during regular flood events, as determined . by soil and vegetation conditions. It does not include land expected to be protected by flood control measures maintained directly or under contract by federal or state governments. Wetlands (paraphrased) - areas inundated orsaturated by surface or ground water often and long enough to predominantly support vegetation adapted to live in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas, but not artificial wetlands intentionally created from non-wetlajl;Q sites like irrigation and drainage ditches, grass-lined swales, canals, stormwater de ~C>h ponds, wastewater treatment facilities, farm ponds, landscape features, or wet ' unintentionally created after 7/1/1990 from construction of a road, street or ay. Wetlands may include artificial wetlands created at non-wetland sites to miti oss of na ~~, wetlands. Shoreline Variance - is a means to grant relief from~> .,,~"...".'" cif ic bulk, dimensional or performance standards in the local SMP, but not a me~to vary a "use" of a shoreline. 66. The City should include definitions from the SMP GUidef.itlt~,., WAC 173-26-020, Definitions, to enhance understanding of concepts used wi hr e SMP for shoreline management to ins.ur~~~f1et los~" of ec?logical functio~s .om shoreline development. So~~. terms aritsc ~jffc-or;.tE~'6:fnlCal while others descnbe Im~ort~nt conce?ts and activities that be,...'~more I rtant because of new SMP GUidelines requIrements. Drift cell. drift secto. 0,:Uttoral c., "'""R-,C3rticular reach of marine shore in which littoral drift may occur without Signl~~,." ~~~iCh contains any natural s,ources of such drift and also accretion f'~~ated by sl1&b~drift. . Ecoloqical functions or shoreline functions - work performed or role played by the physical, chemical, and biological procesS'e~t~t contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173- 26-200(2)(c) Ecosystem-wide processes - the suite of ,naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. ' Fill - the addition of soil, sand, rock, gravel, sediment, earth-retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. March 22, 2007 Ecology comments on draft SMP Page 22 Flood Plain - synonymous with the one~hundred year flood plain - that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this arec;l shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the act. Geotechnical report or qeotechnical analysis - a scientific study or evaluation conducted by a qualified expert that includes a desc~iption of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or proGesses, conclusions and rec~endations regarding the effect of the proposed development on geologic conditions,,~(jequacy of the site to be developed, the impacts of the proposed develop , alternative approaches to the propos~d development, .and. measures to miti f,:,'.',',.~,:,,',",' otential S""it,e, -, specific a~d cumulative geological and hydrological Impacts of the pr '€)$ed deveICJl1'1~nt. These Include the potential adverse impacts to adjacent and down-I,,')'fi8nt 9~Qerties. Geotechnical reports shall conform to accepted technical standards and,Ystfb~repared by qualified professional engineers or geologists who have profes ~~xpertise about the regional and local shoreline geology and processes. . ~ ~ Priority habitat - a habitat type with unique or significant value~one or more species. An area classified and mapp" d~Qriority habitat must have one or more of the following attributes: ~\ . Comparative I~ fish or\wildlife density . · Comparati :~9h fis20rAwi 81ife species diversity . Fish spawnin~\habitat " · Important wildlif~~bj < . .... · I ,an!!lM..Qr wllQH~,: ,seasonalrange7 &tan! '"" eo.wild~~"~,o"",v"".""e""..,,ment corridor .'>, aring and fora ~ h~,~~ ~... <~ortant marine mal A€!.', -out · Re~'i9 habitat · ,Limlt~~~yailability · High ~<liIil~J;8bility , bitat alteration · Unique ~~),.e, ,(species · Shellfish beef , ' Provisions - means policies, regulations, standards, guideline criteria, or environmental designations March 22, 2007 Ecology comments on draft SMP Page 23 Priority species - Species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population (replacement) levels. They need to meet criteria as . Native fish or wildlife species that are State-listed (legally d~ignated as endangered, threatened or sensitive) or proposed (Possi~)ting as endangered, . ~~~:~~;~~'aO;g~:~~~ii~~~;. which include species or",."" 9, f,f,?~,."ff"" sa", nimals susceptible to significant population declines, within a specific a(~Jf St~'wide, by virtue of their inclination to congregate. Examples include heron'eOlon.ieS~~~~~'\~ird concentrations and marine mammal congregations. ' ,.. ' . Species of recreational, commercial, arid/or tribal importance . Federally listed on the Endangered Species List as proposed, threa oen"d, or endangered. "0 Restore, restoration, or ecoloqicaLrestoration - means the re-establishment or upgrading of impaired ecologica~rOcesses or functions. Measures may include revegetation, removal of intrusive,FibFe!!~structures, toxic materials, or treatment of toxic materials. It does not require refurnmf:J~~ oreline to aboriginal or pre-European settlement standards. \\ Shoreline jurisdiction - all shorelines oi\~ ~ elands (RGW90.58.030) Shoreline modifications - generally actions\ti'{3t modify the physical configuration or qualities of the shoreline, such as dikes, bre~~aters, piers, weirs, dredged basins, fill, bulkheads or other structures. It can include 'Blearing, grading, or chemical applications. Siq'1;IC' nt Veqetatl,'n removal- means the removal or alteration of trees, shrubs, ~l€>f groundcover~~learing, topping, grading, cutting, burning, chemical means, or ot'~~'r0c;lc"t"ivitY that c,ili~,~"",., significant impacts to ecological functions provided by such vegetClU~Jn. Does not in~ll.lde removal of invasive or noxious weeds or tree pruning. SUbS~ . .~e rade bans to cause significant negative ecological impact. Water quality -~J,/ physical characteristics of water within shoreline jurisdiction, including water q\!.gu'ltity, hydrological, physical, chemical, aesthetic, recreation-related, and biological characteristics. Water "quantity" for purposes of the SMP Guidelines (WAC 173-26) does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250-340: . Page 2 of 46 Division 1. Generally 67.18-162 Jurisdiction. (a.) Add..."and 'shorelands' in RCW 90.58.030(2)(f)." after (2)(e). March 22, 2007 Ecology comments on draft SMP , Page 24 68. This sentence should be revised because it seems like the term "shoreline means "ordinary high water mark" (OHWM) at least the second time it is used-or maybe both. , "The approximate location of these shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the exact location of the shoreline when a permit is filed. " If the permit applicant has the responsibility to find the OHWM for his/her property, Ecology should be contacted to delineate that lan<U~ater interface in the shoreline because it is Ecology's authority and responsibi ~~t, do so under the SMA - RCW 90.58.030(2)(f). .. 69. Page 8 of 46, 4th line, activities is miss 18-164 General Development Standards Page 9 of 46 (b) Vegetation conservation 70. This should link the need and/or goal to preserve vegetatlo I shoreline jurisdiction with an established set of ',@~nal, qualitative, and/or quantitative standards that apply to any or all of the 'n~~ronments. The language of this development standard sounds more lik > oal" ~h~j":~yegulation, and might be more appropriate for SMPGoal11 i~, als and PoH~.es". Here it should describe standards and regulations for establishing aQ~""/ aintai ~ion in shoreline jurisdiction. It should convey information about l~ W~"h"'\"aJ-veg:et~~!Q~JJjhe shoreline and the importance of leaving an undisturbed swath~exjsting ve~tatio,~ whether native or not - along the shoreline. Existing, undfSI:J)~ed vegetation is beneficial to shoreline habitat and functions because it slows Il<;iter and filters sediment in runoff from construction or land use activities. It also provides~ge and other habitat components for both terrestrial and aquatic organisms. Determ 1'1"8 vegetation conservation measures generally and/or specifically for shoreline designations according to WAC 173~26-221 (5). (c) Water quality/stormwater 71. A reference to FWCC Chapter 21 for Surface and Stormwater Management does not provide enough information to assure Ecology that proposed shoreline development will not result in a net loss of shoreline functions - unless it is attached to the SMP as an Appendix for easy reference. Runoff from construction activities and established development contributes to degradation of shoreline ecology generally, so it will be an important factor to assess and address through the permit review process. March 22, 2007 Ecology comments on draft SMP Page 25 (c ) Critical areas ["c" is repeated here]. The SMP Checklist (2/13/2007) notes that Critical Areas Ordinance regulations for critical areas within SMA shoreline jurisdiction will be integrated into the SMPfor the final submittal. 72. Hopefully that integration is underway because Ecology must see how the SMP is organized and how easy it is to implement. That is important because every applicant and every segment of the shoreline should have ,.. b~benefit of complete and consistent information. This integration will comply with S <~~/RCW 90.58.030 Findin - Intent - 2003 ~ 321 (3) The legislature intends that c" ",fA, .~'" 'areas within the jurisdiction of the shorelme management act (SMA) shall be .9." rned by the SMA, and that cnt/cal areas outside the jurisdiction of the SMA shall be ~tf,rs:.ned b_Growth Management Act (GMA). The legislature further intends that t~~f113l1it /'1 formation currently required by the SMA to be applied to the protection of cntt:zCl,: as within shorelines of the state shall not be limited or changed by provisions of th~l'(i~ 73. City codes or regulations referenced in the 8MP that a~~ all areas of the City. including shoreline jurisdiction, can be included or attache~~s Appendices and noted as being informational only. These might include design standards for subdivisions, parking, trails, or outdoor lighting, etc. They do not need to go through the SMP amendment process to be changed, although circumstances might arise where proposed changes conflict with the SMA or the Federal Way SMP. In such cases, resolution would need to be made consistent with requirements for compatibility between lans and regulations. PAGE critiCa~~as 74. ~.,<t.,ection has int~~)a,ted very important critical area information and draft regulations, inBt4f1:i"",g., those for crm.~".",,~,,1 salmonid habitat. Others, including Geoloqically Hazardous area:s.~ .,sociated Stre'8rrls and Wetlands (part of shoreline jurisdiction because they are associat~~.",i i1~,h ~ d~Si", ,.""ed shoreline);. and .Fre.quentIY floode? or ~Iood ~azard areas only hav~tl;)~\ cltatlo'ls ~9 current locations In city documents In thiS section, but Ecology as~~~:? tl],~I"IJ6rmation and regulations for them will be included in a format similar to "Critlcal1fmmbnid habitat". We assume thatlSv~at the SMP Checklist notation from the City means where it says "Language from the city's critical areas code will be added to the SMP regulations per Ecology recommendation." On March 19,2007, the Washington Dept. of Fish and Wildlife (Pam Erstad) provided the City and Ecology with comments on the draft SMP Regulations, which Ecology supports. All parties participating in comprehensively updating the state's SMPs wonder how to get from "Here" to "There" - allowing uses described in the SMA while protecting and/or March 22, 2007 Ecology comments on draft SMP Page 26 restoring the state's shoreline ecological functions. Information and education to enhance understanding of shoreline ecology and processes; potential impacts from land use activities; and measures to help avoid or reduce negative impacts to shorelines (both land and water portions) are increasingly important to achieve the prim goal of "no net loss of shoreline ecological functio'ns". 75. Page 1 of 13 - WDFW letter. First comment recomm~nl!J ,',' r organization of some part~ o~ the. SMP, which was not~d by the City in the~~~h.~~~list and by Ec?logy earlier In th,lS comment letter. This should be done a8'l1le cntlca\.~e~s regulations and "provisions" for each shoreline environment are integrated into th~. 76. Page 2 - WDFW letter - Recommendation to require a "shoreline criti~as report" prepared by a qualified ,professional that would cover eight (8) items and'be,t/;le responsibility of the applicant. Perhaps this could be included as a require~nt for a shoreline permit orshoreline permit exemption the way a geotechnical report is required for a project in a "Geol ~JJy hazardous area". This requirement, for which the ap nt~ ,'" ,l~~ responsible, would have to be satisfied before shoreline permits or mit clc~ttli~ti@ns would be issued for projects with potential impacts to shorelines. . prq~'S'cQ.1.I~€}9tablish an important link between the Shoreline Inventory & Ch ,~. ation ~cl4.ifuplementing the SMP to avoid loss of shoreline ecological functions. 77. Page 2 - WDFW letter - The 2nd part of th,i~ment is to require a (thirteen-point) mitigation and monitoring program if the initi~report indicates likely significant impacts from"'-0,,~\ed development to fish and/or wildlife, their habitat, or shoreline ecOlaTlufTet~~r processes. As follow-up to a "pro-active" assessment of'. ' ,,~, lal impacts k~~evelopment, this would establish a method and process for ~0~an"Od""'O",wner:Ss'~p."".""".\..,.."o",,,,JJ,',ect proponents responsible for protecting the shoreline they us~ I \ 78. Ecology sUR~rts the>YfW suggestions regarding bulkheads and priorities for non- structural ~h.~e, U,'"""innEe.",S,IUzation methods when and whe,rever possible. There should also be empha$i~1 a on the need/requirement to locate structures as far landward from the OHWM~~)1ecessary to preclude the need for immediate or future shoreline armoring to proted residences. . 79. Page 3 ~ WDFW letter - Ecology suggested adding more scientific, technical, and environmental terms to reflect objectives of the SMP Guidelines, and support adding those recommended by WDFW since they promote better understanding of the shoreline resource we all manage together. ' March 22, 2007 Ecology comments on draft SMP Page 27 80. WDFW Letter - Ecology agrees that residential use in the Natural Shoreline Environment should be avoided and the land acquired for public use if possible. 81. WDFW letter - Ecology also supports the suggestion, to include low impact development designs and more conservative standards for tree removal and clearing in the SMP to avoid significant negative impacts to shoreline ecosystems. 82. WDFW letter provides important information to consider when determining standards and development regulations for the three chosen shoreline environments regarding Shoreline stabilization, Marinas, Buoys, Dredging, and Boat launches. This information would be helpful to include in the SMP for project~sessment, permitting, conditioning of permits, and monitoring. Page 12 of 46 18-165 [NEW SECTIOr-.n Sh~i" e modifications (a) Shoreline protection'. " ' 83. The term shoreline "protection" is inconsistentij~.. "., P Guidelines fY'JAC 173.-26- 231) definitions of shoreline modification method~n.EliS confusing because of the current publicized need to "protect" and restore Puget~~.und and other state shorelines. Shoreline modification methods may provide "protection" ~~tructures, but the SMP Guidelines section focuses on "protection" of shoreline p)b~Jses and functions when they are faced with bUkl")~~,~ rip rap, and other hard armonng methods of shoreline stabilization that in Jie- 'h~shoreline processes. Article III Draft R~t ations 18- 4 Urban Conservancy shoreline environment 84. Page 34 of 46 (e~)"oreline.:..~allowed Uses (a) Residential Development 1. Setbacks-50 ft. from~., i"7M,{)f~~r;~ the top of bluffs, whichever IS greater." These do not seem adeq, r the shoreH~depicted, and 25 ft. from the top of a Puget Sound bluff seems too small~q~ safe. On steep slopes, the OHWM can be close to the top of the bluff. It also does not\!ke~"", i,.ree any vegetated buffer between development and the shoreline, which should be reqUir~ These conclude Ecology's comments for now, although the Cumulative Impacts Analysis will be reviewed in conjunction with the final shoreline environment provisions, particularly uses and development regulations. The public access and shoreline permitting provisions have not been fully reviewed. Comments are still expected from a few staff who have not completed their review. Additional comments can be expected to be similar to these provided, and it is possible some comments provided in this draft may be removed. Ecology looks forward to meeting with the City and Consultant to address the comments and move the process along.