08-101072CITY OF
�.. Federal
March 19, 2008
•
� FILE
CITY HALL
Way 33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063 -9718
(253) 835 -7000
www. cityoffederalway. com
Sandy Cassmerio
4325307 1h Street
Federal Way, WA 98023 -2127
RE: File #08- 101072- 00 -AD; CASSINERIO - HERON NESTING CONCERNS
4301 SW 3081h Street, Federal Way
Dear Ms. Cassinerio:
This letter is in reply to your inquiry, dated received on February 29, 2008, regarding the
development activity and the potentially environmentally sensitive nature (blue heron nesting area)
of the parcel addressed as 4301 SW 308`h Street. The city appreciates your vigilance over the
aforementioned site in regards to the blue heron and development activity. As you indicated in your
letter, and shown by your submitted photographs, soil test -pits were dug into the parcel. Per Federal
Way City Code (FWCC) Section 22- 1093(5), excavations of an exploratory nature are permitted
outright. However, in terms of your concerns regarding the possible blue heron nesting grounds on or
near the property, Chris Anderson of the Washington State Department of Fish & Wildlife (WDFW)
has contacted the City of Federal Way informing us of his findings from a recent field study of the
site. Mr. Anderson concurs that this site does contain herons and therefore is subject to development
regulations as prescribed by the WDFW. However, Mr. Anderson's studies are inconclusive as to the
existence of active heron nests.
When single- family construction permits are applied for on un- platted parcels (like the parcel in
question) in the City of Federal Way, the plans are reviewed by city staff. One of the steps the city
takes is to check the site for any environmental issues (including documented sensitive wildlife
areas) against a city -wide environmentally sensitive areas (ESA) map. If the proposed site falls
within a sensitive area, the city works with the appropriate jurisdiction (in this case WDFW) to
ensure all measures are taken to ensure the development activity falls within the governing
guidelines. Additionally, if the site falls within an ESA, the project is subject to a State
Environmental Policy Act (SEPA) review (FWCC Section 18 -143 and FWCC Section 18 -141). A
component of the SEPA review is a public comment period which is opened for two weeks at the
beginning of the project when it is determined complete and when an environmental determination
has been issued. A public notice would be posted at the site, in the local newspaper (Federal Way
Mirror), at the local libraries, and a letter sent to all owners of property within 300' of the site. The
City of Federal Way must review any and all applications for development that are deemed complete.
The City of Federal Way has been alerted to the concern regarding this property through your
correspondence and by Chris Anderson at WDFW. Any future applications for development will be
reviewed per Federal Way City Code and any applicable state environmental codes and jurisdictions.
Please feel free to call me at 253- 835 -2622 or e-mail me at david.lee @cityoffederalway.com if you
Ms. Cassinerio
March 19, 2008
Page 2
have any further questions or concerns. I have enclosed a copy of the correspondence I received from
Chris Anderson and the Washington State Department of Fish & Wildlife.
Sincerely,
David Lee
Associate Planner
enc: Chris Anderson e-mail
Kari Cimmer, Permit Center Supervisor
08- 101072
Doc. 1. D. 44611
SANDY C SI1vE'R10
February 27, 2008
Greg Fewins
P.O. Box 9718
Federal Way, WA 98063 -9718
Mr. Fewins,
BY
F/ 1, • DEPARTMENT
FE6- 11
4325 SW 307th St.
Xw
11 —
Federal Way, WA 98023
(253)661 -1551 , V O
I wanted to say thank you for your interest in the issue in my neighborhood in
regards to the Blue Heron population and possible development of land where they
are nesting. I appreciate your time in helping me solve this issue. This means a
great deal to me and my neighbors.
I would like to take a moment to describe the issue at hand. I live by Dumas Bay
Park Wildlife Sanctuary in Federal Way. In this park reside, maybe, a dozen Blue
Heron. During late February the heron begin to fly around in preparation for mating
season. It is a sight to behold as these birds have a considerable wing span and a
majestic presence. Right next to the sanctuary is a piece of property which is for
sale. On this property is an existing house but it is quite old and not in very good
condition. The house needs to be torn down and rebuilt. The problem is this: a
developer is looking to move the site of the house to a different location on the
property, right where heron are nesting. Yesterday, I came home and found a
backhoe on the property in question digging holes. When I Inquired as to what was
going on I was told they were digging holes to test the soil for a possible drain field
and rebuild of the house. This morning I walked through the property in question
and counted nine holes ranging from approximately three to six feet deep,
approximately two feet wide and approximately six feet long. Considerable damage
has been done to this property already and in close proximity to the heron nests.
I have been in contact with several people in regards to this issue. I have had an
email from Chris Anderson, Wildlife Biologist for WDFW Region 4. He states that
"the great blue heron nesting season, as defined by the State, is Feb. 15 through
July 31. They are a Priority Species under WDFW due to their vulnerability in a
colonial nesting situation. WDFW recommends management consideration of
nesting herons. Federal Way is currently working with WDFW in the management of
other heron nesting sites within the city and would be interested in this as well."
My concern is this: if any development occurs on this specific part of the property
(not where the house is sitting currently) then the heron nesting here will be
adversely affected. I have lived in this neighborhood for five and a half years. From
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