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91-100054CITY OF FEDERAL WAY BUILDING PERMIT 11 1 — 1oc"c�-Sc( BUILDING INSPECTION 941-1555 PERMIT NO. OWNER'S NAME _.._ JOB ADDRESS CONTRACTOR ADDRESS CONT. PHONE CONT. REG. NO. OWNER'S PHONE OWNER'S ADDRESS TYPE JOB: NEW RESIDENCE ADDITION NEW INDUSTRIAL NEW COMMERCIAL COMMERCIAL ADD. INDUSTRIAL ADD NEW PUBLIC PUBLIC ADD.---- DD._NEW NEWMULTI -FAMILY (UNITS ) MULTI. ADD. SIGN GRADING OTHER TAX ACCOUNT NO. LEGAL DESCRIPTION - _- ISSUED BY DATE OF ISSUE DATE OF APPLICATION BUILDING INFORMATION ZONE OCCUPANCY TYPE OF CONSTRUCTION BLDG. SQ. FT. SET BACKS: FRONT SIDE REAR_ ___ STORIES HEIGHT LIMIT PLUMBING NO. NO. MECHANICAL APPLIANCES AMT. AMT. BOND WATER CLOSETS ELEC. HOT WATER HEATER GAS PIPING FT, BOILER RECEIVED _ BATHTUBS LAUNDRY DRAINS COMPRESSOR TANK(S) SHOWERS URINALS _ FORCED AIR FURNACE _ _ AIR HANDLING UNIT _ NUMBER LAVATORIES DRINKING FOUNTAINS GAS HOT WATER HTR. MISC _ RETURNED SINKS MISC. CONVERSION BURNER BASIC FEE DISHWASHERS TOTAL FIXTURES UNIT HEATER TOTAL MECHANICAL AMOUNT "'f1 VALUATION °lnn PL, MNING, APPROVAL: COPY SMITH ON 1/22/91 (MUST ADHERE TO REARING PERMIT FEE EXAT41NFR i}ECi.ZION', ATTACHED) PLAN CHECK FEE _FPA: CQIPLIFITE.. PLUMBING FEE .CHANICAL FEE TVTAL BLDG. FEES PART P/C FEE SEPA REVIEW RLD}G DEPT APPROV AL - KEVIN ELLIS G 1/9/91 WATER SERVICE WATER MAIN CHG. S.B.C.C. FEE OTHER FEES +; AMOUNT DUE ALL PERMITS EXPIRE 180 DAYS AFTER ISSUANCE IF NO WORK IS STARTED. RESIDENTIAL AND GRADING PERMITS EXPIRE ONE YEAR AFTER DATE OF ISSUANCE. I CERTIFY THAT THE INFORMATION FURNISHED BY ME IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THE APPLICABLE CITY OF FEDERAL WAY REQUIREMENTS WILL BE MET: OWNER OR AGENT DATE 0 a SET BACKS AND FOOTINGS DATE ___-, _. ..-.-BY-,. OX TO POUR FOUNDATION WALLS DATE _-, __.. BY PLUMBING GROUNDWORK DATE BY PLUMBING ROUGH IN DATE WATER LINE O.K. GAS PIPING O.K. MECHANICAL INSPECTION DATE --BY O.K. TO ENCLOSE FRAMING DATE BY INSULATION DATE BY WALL BOARD AND FIRE WALL DATE BY FINAL O.K. TO OCCUPY DATE DCD PSD FD Cl I — I Ooo sq FCITY OF EDERAL WAY BUILDING PERMIT BUILDING 941'N 55ECTION o/s 91-00230T ETHEL GAUDIO ESTATE 35454 PACIFIC HWY S PERMIT NO. OWNER'S NAME JOB ADDRESS CONTRACTOR HART CROWSER ADDRESS 1910 FAIRVIEW AVE E SEATTLE CONT. PHONE 324-9530 HARTCI 7PS 12 9 593-6991 POB 1993 TACOMA CONT. REG. NO. OWNER'S PHONE OWNER'S ADDRESS TYPE JOB: NEW RESIDENCE ADDITION NEW INDUSTRIAL NEW COMMERCIAL COMMERCIAL ADD. INDUSTRIAL ADD. NEW PUBLIC PUBLIC ADD. NEW MULTI -FAMILY UNITS ) MULTI. ADD. SIGN GRADING OTHER GRADE be FILL 292104-9090 NE -29-21-4 TAX ACCOUNT NO. LEGAL DESCRIPTION ISSUED BY ELIZABETH SNYDER DATE OF ISSUEDATE OF APPLICATION 1/7/91 BUILDING INFORMATION ONE MP OCCUPANCY NA TYPE OF CONSTRUCTION 5-N GRADE & FILL) BLDG. SO. FT. NA SET BACKS: FRONT NA SIDE NA REAR NA STORIES NA HEIGHT LIMIT NA PLUMBING NO. NO. MECHANICAL APPLIANCES AMT. AMT. BOND WATER CLOSETS ELEC. HOT WATER HEATER GAS PIPING FT. BOILER RECEIVED BATHTUBS LAUNDRY DRAINS COMPRESSOR TANK(S) SHOWERS URINALS FORCED AIR FURNACE AIR HANDLING UNIT NUMBER LAVATORIES DRINKING FOUNTAINS GAS HOT WATER HTR. MISC. RETURNED SINKS MISC. CONVERSION BURNER BASIC FEE DISHWASHERS TOTAL FIXTURES NONE UNIT HEATER TOTAL MECHANICAL NONE AMOUNT NONE VALUATION $20,000.00 PLANNING APPROVAL: CORY SMITH ON 1/22/91 (MUST ADHERE TO HEARING PERMIT FEE $33.00 EXAMINER DECISION, ATTACHED) PLAN CHECK FEE 22.50 SEPA: COMPLETE PLUMBING FEE 0CHANICAL FEE TAL BLDG. FEES $55.50 PART P/C FEE SEPA REVIEW BLDG DEPT APPROVAL: KEVIN ELLIS ON 1/9/91 WATER SERVICE WATER MAIN CHG. S.B.C.C. FEE 4-50 OTHER FEES AMOUNT DUE S60-00 DATE PAID AMOUNT $60.00 RECEIPT 114� ALL PERMITS EXPIRE 180 DAYS AFTER ISSUANCE IF NO WORK IS STARTED.,RESIDENTIAL AND GRADING PERMITS EXPIRE ONE YEAR AFTER DATE OF ISSUANCE. I CERTIFY THAT THE INFORMATION FURNISHED BY ME IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THE APPLICABLE CITY OF FEDERAL WAY REQUIREMENTS WILL BE MET: .t- �� 00, 'o-2 z 1, 1 0_a/ OWNER OR AGENT `� "" DATE I V ! I ormit #� . RECEIVED CITY OF FEDERAL WAY JAN - 71991 QC u/ r �� ,, IE�,,� GITYO�FFEDEII3AL.WAY BUILDING PERMIT APPLICATION �� 1� 199f 11WING DEPT. — Please Print — BOX 1 TENANT NAME: OWNER C-27PEL CxAu d i o C 5 i 446; SITE LOCATION 3 !34 54 Pftci F (- /4wy S OWNER'S ADDRESS PC) Box- M53, CITY i AC6 A+\P NE DESCRIBE JOB e t_ //Ui4Lc €n 7 i Z -1D THE PROPERTY IS OWNED BY: SINGLE/MAR IED PARTNERSHIP kGORPORATION BOX 2 CONTRACTOR'S NAME HART C2 ow3E ie CONTRACTOR'S REG. # A/ =C 1 -It 12 7 89 Card MUST be presented CONTRACTOR'S ADDRESS 10 fA- p ie -,, E7 CITY f 7 L'E PHONE 324 -2530 EXPIRATION DATE i —OR— I HAVE READ CHAPTER 18.27.010 RELATING TO DEFINITIONS OF GENERAL CONTRACTORS AND SPECIALTY CONTRACTORS AND CHAPTER 18.27.110 WHICH PROHIBITS ISSUING PERMITS WITHOUT PROOF OF REGISTRATION. BOX 3 CONTACT PERSON -i-IM Wit- b ca PHONE _--�z4- gs3o BOX 4 SEWER DISTRICT Pr's WATER DISTRICT a"' BOX 5 ESTIMATED PROJECT COST kD CZ3D I -C— EXISTING BUILDING VALUATION BOX 6 PROPERTY TAX ACCOUNT NUMBER Z"i7 l®q - I 0-10 LEGAL DESCRIPTION A - 7_'1 -Z 1- q (If necessary, please submit, crate page with the legal description.) K.C. Plat Recording # BOX 7 BUILDING SQUARE FOOTAGE: (Existing/Proposed) 1ST FLOOR / 2ND FLOOR / 3RD FLOOR_____J_ BASEMENT / DECK / GARAGE / BOX 8 ( ) SINGLE FAMILY ( ) NEW CONSTRUCTION ( ) MULTIFAMILY (NO. OF UNITS = ) ( ) EXISTING STRUCTURE ( ) COMMERCIAL/INDUSTRIAL TOTAL AREA OF PROPERTY SQ FT BOX 9 PLUMBING FIXTURES (including rough -ins) MECHANICAL APPLIANCES — BASIC FEE $ N0. WATERCLOSETS GAS PIPING, FEET $ BATHTUBS N0. FURNACE, ELEC. GAS $ SHOWERS GAS HOT WATER HEATER $ LAVATORIES CONVERSION BURNER $ SINKS BOILER, SIZE BTU $ DISHWASHERS AIR HANDLING UNITS $ ELECTRIC HOT WATER HEATER HEAT PUMPS, SIZE $ LAUNDRY WASHER OUTLET UNIT HEATERS $ ._URINALS AIR COOLING UNITS, SIZE $ - DRINKING FOUNTAINS COMMERCIAL HOOD $ SUMPS, SPRINKLER VACUUM BREAKERS OTHER $ DRAINS $ OTHER $ TOTAL FIXTURES $ TOTAL MECHANICAL FEE $ I CERTIFY UNDER PENALTY OF PERJURY THAT THE INFORMATION FURNISHED BY ME IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND`FURTH�I THAT I AM AUTHORIZED BY THE OWNER OF THE ABOVE PREMISES TO PERFORM THE WORK FOR WHICH. PERMIT APPLICATION IS MADE. I FURTHER AGREE O SAVE HARMLESS THE CITY OF FEDERAL WAY AS TO ANY CLAIM (INCLUDING COSTS, EXPENSES; AND ATTORNEYS' FEES INCURRED IN INVESTIGATION AND DEFENSE OF SUCH CLAIM), WHICH MAY BE MADE BY ANY PERSON, INCLUDING,THE UNDERSIGNED, AND FILED AGAINST THE CITY OF FEDERAL WAY, BUT ONLY WHERE SUCH CLAIM ARISES OUT OF THE RELIANCE OF THE CITY, INCLUDING ITS OFFICERS AND EMPLOYEES, UPON THE ACCURACY OF THE INFORMATION SUPPLIED TO THE CITY AS A PART OF THIS APPLICA`TI'ON. OWNER/AGENT: DATE: ANP -008 3/90 OFFICE USE ONLY (PLEASE DO NOT WRITE BELOW THIS LINE) ZON 0 SETBACKS: FRONT SIDE REAR HEIGHT LIMIT PLANNING DEPARTMENT APPROVAL REMARKS: SERA: EXEMPT NOT EXEMPT���_) b FIRE DEPARTMENT APPROVAL DAT REMARKS: PUBLIC WORKS DEPARTMENT APPROVAL DATE REMARKS: TYPE OF JOB: NEW RESIDENCE NES. ADD/ALT NEW INDUSTRIAL 1NID. ADD/ALT NEW COMMERCIAL COMM. ADD/ALT NEW MULTIFAMILYUNITS ) MULTIFAMILY ADD/ALT TENANT IMP. rdOTHER G d � < �( OCCUPANCY TYPE OF CONSTRUCTION VA) STORES BUILDING SQ. FT. @ _ BUILDING SQ. FT. @ _ BUILDING SQ. FT. @ _ BUILDING SQ. FT. @ _ BUILDING SQ. FT. @ _ BUILDING SQ. FT. @ _ TOTAL SQ. FT. TOTAL VALUATION zcf)/, 66 BUILDING DEPARTMENT REMARKS: lvaedf o la (vA (� AP. R� cE��ED X91 Gee �QN�'®���. CEIVED PERMIT FEE 3 3- o 0 PLAN CHECK FEE Z z . PLUMBING FEE MECHANICAL FEE TOTAL BLDG. FEES s' PART P/C FEE SEPA REVIEW S.B.C.C. FEE ��SU OTHER FEES AMOUNT DUE ` Od ASSIGNED ADDRESS: PARTIAL PLAN CHECK FEE RECEIVED Amount Date Receipt # BUILDING DEPARTMENT APPROVAL BY DATE RECEIVE© JAN 23 1" pY ()Tl 1L.Pdl�dD DVIBIDEEPT ACCEPTED FOR FILING - B�I T X 0-F FIEDEF—AAL WAY UILC' j;�,G VNEFARTMENT Calculations �i FPERMFNUMBER li'�.ca qvd�, rv-()U('de- 1pc(t, �- CRO ss � .c -n w ,•fft`^ R mL 41@ FF � Mil -ill F la.y1. upnK - - -- - c - - -- TO THE APPROVED 3 — — FEDERAL WAY-BUILDIML —__- 60ARTMEJ� a Y a . d r v r dlEL C .c 0 o -� 2 "O c V O 0 C W }= cin --i uj O 3 lb 5az- + � Z o � d r v r dlEL ✓qy �G yQ�gq 9! l F,orly9l- .c 0 o -� 4w "O a� 0'my W }= cin ✓qy �G yQ�gq 9! l F,orly9l- FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY IN THE MATTER OF THE APPLICATION OF: ) FILE # UP2-90-0003 FIRST INTERSTATE BANK, For ) FWHE # 90-2 Land Surface Modification within ) a Wetlands Setback area ) I. SUMMARY OF APPLICATION AND DECISION The applicant requested approval of a land surface modification within a wetlands setback area, for property located at 35454 - Pacific Highway South, on the southeast corner of Pacific Highway South and South 356th Street, Federal Way, Washington. A hearing was held, and based on the testimony and the evidence submitted, the applicant is granted approval of a land surface modification within the wetlands setback area on said property. H. BACKGROUND AND PROCEDURAL INFORMATION Hearing Date: November 27, 1990 Decision Date: December 21, 1990 At the hearing the following presented testimony and evidence: 1. Cory Smith, Associate Planner City of Federal Way 2. Ms. Jo Pigg, Asst. Vice President, Real Estate Division 1201 Pacific Avenue, Tacoma, Washington 98401 3. Jim Wilder, Hart Crowser 1910 Fairview Avenue East, Seattle, Washington 98102 4. John Karl, Siesta Motel 35620 Pacific Highway South, Federal Way, WA 98003 At the hearing the following exhibits were submitted and were admitted as part of the official record of these proceedings: GAUDIO ESTATES FILE #UP2-90-003 FWHE #90-2 PAGE TWO EXHIBIT A: Staff Report & Revised Staff Report EXHIBIT A(1): Determination of Non -Significance EXHIBIT B: Department of Ecology Letter EXHIBIT C: Notice of Determination of Non -Significance EXHIBIT D: Wetland Assessment/Hart Crowser EXHIBIT E: Vicinity Map EXHIBIT F: Plan View EXHIBIT G: Overhead Transparency EXHIBIT H: Acknowledgement from Mr. John F. Karl, Siesta Motel EXHIBIT J: Clarification of Bond EXHIBIT K: Letter to Cory Smith from Hart Crowser EXHIBIT L: Seven Photos of Property (EXHIBIT I was not submitted. The proposed exhibit was an acknowledgement from the Omni Partnership.) A personal inspection of the subject property and surrounding areas was made by the Federal Way Hearing Examiner. The findings of facts, conclusions of law and decision, however, are not based on the impressions of the Hearing Examiner at the site view. After due consideration of the testimony and evidence presented by the Applicant, and testimony and evidence elicited during the public hearing, the following findings of fact and conclusions constitute the basis of the decision of the Federal Way Hearing Examiner. M. FINDINGS OF FACT 1. The applicant requested approval of a land surface modification permit within the 100 foot setback of a wetland at 35454 - Pacific Highway South, on the southeast corner of Pacific Highway South and South 356th Street, Federal Way, Washington. 2. The subject property is a 4.84 acre site that is zoned Manufacturing Park (MP). The property to the north, east and south have the same zoning designation, while the property to the west across Pacific Highway South is zoned Office Park (OP). The Comprehensive Plan map of the City of Federal Way designates the subject property as Industrial Park. 3. Federal Way Zoning Code (FWZC) 80.160 provides that no land surface modification may take place within the City of Federal Way in a setback area from a regulated wetland. However, FWZC 80.160(4) sets forth a procedure for the exception to this staidard. The process for review of said modification is Process II (FWZC 65.20). GAUDIO ESTATES FH.E #UP2-90-0003 FWHE #90-2 PAGE THREE 4. Admitted as Exhibit F at the public hearing and attached hereto, is a map depicting the plan view of the applicant's clean-up. As shown on Exhibit F, the applicant's property is located in the northwest section that fronts South 354th Street. An adjoining property to the east, owned by the Omni Group, is part of the wetland and part of the area requested for the land surface modification. The property immediately to the south of the subject property is owned by John F. and Maureen Karl, and a portion of this land is part of the requested land surface modification. 5. On April 3, 1990, the City of Federal Way issued Building Permit #90-0214 to the Ethel Gaudio Estate for the removal of four underground fuel storage tanks. During inspection of the removal of the underground fuel storage tanks, it was determined by the City that the grading activity had resulted in the removal of approximately 1,000 cubic yards of contaminated soil. The applicant, however, indicated that the contaminated soils had not been removed from the underground fuel storage tanks area, but had been placed on the subject property over the years by prior owners and tenants. 6. After the City's inspection, a stop work order was issued for all grading activity, in order to make an environmental assessment of the contaminated soils. At that time it was determined that the activity for the fuel tank removal was within the 100 foot wetland setback area and that a Process H approval was required. 7. Between the time of the stop work order and the hearing on this matter, an interim measure was taken that required the applicant to immediately protect the graded areas and to stockpile the soils from erosion. In addition, appropriate measures were taken to protect the adjacent surface water resources in the wetland from contamination. An engineering report, done by the Hart Crowser engineering firm, determined that the soils testing of the excavated areas of the wetland revealed that no sidewalls or floors of the excavated pit contain any contaminated material. With the clean-up and proposed fill there will be no destruction or damage to the habitat area of the wetlands. 8. The land surface modification request of the applicant is for the allowance of stabilization of the wetlands that have been disturbed in the area and for the removal of the contaminated soils from the site. 9. Pursuant to the provisions of FWZC 80.160(4), certain criteria for land surface modifications within setback from a regulated wetland must be satisfied. These criteria include: GUADIO ESTATES FILE #UP2-90-0003 FWHE #90-2 PAGE FOUR A. It will not adversely affect water quality. B. It will not destroy nor damage significant habitat area. C. It will not adversely affect drainage or storm water retention capabililties. D. It will not lead to unstable earth conditions, nor create erosion hazards. E. It will not be materially detrimental to any other property in the area of the subject property, nor to the City as a whole, including the loss of significant open space or scenic vista. F. It is necessary for reasonable development of the subject property. 10. Historically the site, which is in the very southern area of the City of Federal Way, has been used for industrial purposes. For the last fifteen years it has been leased by a heavy equipment construction company. Prior to that time it was used by a well drilling company. Some time in the past, the site, including part of the wetlands, had been filled with various materials to provide parking areas for the previous tenants. The fill materials consisted of construction debris, wood chips and oily soils. 11. During the period of time in which the well drilling company used the property, mounds of dirt were periodically placed on site. These mounds of dirt included materials removed from the machinery stored on site, including oil and other contaminated substances. According to the applicant, it is these mounds that the City investigated and determined had to be removed because of their contaminated material content. 12. It is the intent of the applicant to clean the property, restore the wetland and create future business uses, including charitable ones. 13. Pursuant to the State Environmental Policy Act, a Mitigated Determination of Non - Significance (MDNS) was issued by the lead agency, the City of Federal Way. The MDNS was issued on September 12, 1990 and no appeals were made. 14. The MDNS included seven conditions. A statement of the conditions is set forth in the MDNS, admitted as Exhibit A(1). 15. The subject property is relatively flat, although it does slope sharply to the wetlands associated with the Hylebos Creek. These wetlands are located in the southeastern portion of the site. 16. Drainage from the site and other surrounding properties, extends into the wetland area. Apparently there is an intermittent stream course along the edge of the property that runs through the wetlands into Hylebos Creek. GUADIO ESTATES FILE #UP 2-90-0003 FWHE #90-2 PAGE FIVE 17. Although the wetlands on the site are not a designated wetland on the City of Federal Way's sensitive area map, the property bordering the south boundary of the site is a wetland. The wetland type of area on the subject property is similar in topography and environmental makeup to the designated wetland. An assessment of the clean-up done by the City of Federal Way decreed that the site is located within the required setback area for the wetland and is subject to review. 18. It is necessary to correct the adverse condition that affects the wetlands. Some measures must be taken to backfill the excavated areas in order to protect the walls from further deterioration. The proposal for excavation and fill within the area is reasonable and will not be detrimental to the wetlands. 19. The proposed project will remove contaminated soils that contain petroleum hydrocarbons. With the removal of the hydrocarbons on the site and the other contaminated materials, the water quality of the wetlands and the streams in the area will not suffer a detrimental impact. 20. Surface run-off will not be affected by the clean-up. There will be no placement of asphalt or impervious material placed on the site that will increase surface run-off. 21. The applicant proposed to grade the newly back-filled areas to ensure that surface run-off will not cause surface erosion. With placement of materials into the excavated area there will be no increase in unstable earth conditions and no further erosion hazards created. 22. No material detrimental impact to other properties in the area will occur as a result of the proposed land surface modification. 23. FWZC 115.75(4)(c) sets forth additional criteria that must be considered by the City for the approval of land surface modifications. Although these criteria are for modifications of land outside the wetlands, they have been considered in the review of this matter. These include: 1) Except as allowed under this Code, it will not alter or adversely affect streams lakes, wetlands or significant trees, either on or off the subject property. 2) It will not violate any expressed policy of the City. 3) It meets at least one of the following criteria: GUADIO ESTATES FILE #UP2-90-0003 FWHE #90-2 PAGE SIX a) It is necessary to correct an erosion or drainage problem on an undeveloped site. b) It is necessary to create new utility or access corridors. c) Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivision approval or shoreline substantial development permit. 24. Some placement of fill material to correct erosion and drainage problems on the undeveloped wetlands is required. The proposal of the applicant will provide the same. 25. The unusual circumstance of protecting the remaining wetlands exists to permit land surface modification in advance of other permits. Measures must be taken to secure the stability of the slopes of the wetland. 26. Prior to the public hearing, the City of Federal Way recommended that the modification of a wetland setback area be denied for the placement of fill within the wetland setback area. The City did, however, recommend approval of the cleanup subject to conditions. The conditions were set forth in the staff report. 27. At the public hearing, after submittal of testimony, the City modified its original recommendation and requested that the modification of the wetland setback area be granted, subject to the condition that the applicant secure the acknowledgement of the adjoining property owners for the filling of the wetland, and that the applicant provide some proof of bonding and insurance for the engineering company that had reviewed the project. 28. Pursuant to an order of the Hearing Examiner, the applicant submitted an acknowledgement of an adjoining property owner, John F. and Maureen Karl, that the applicant was undertaking activities to remove the contaminated soils from the property, and to fill the depression located in the wetland area of the property. The applicant did not provide an acknowledgement from the other adjoining property owner, the Omni Partnership. As a result, the Omni Partnership has not participated in this matter. 29. The applicant provided proof of bonding and insurance of the engineering company, Hart Crowser. The bonds were admitted as part of the official record of these proceedings. GUADIO ESTATES FILE #UP2-90-0003 FWHE #90-2 PAGE SEVEN IV. CONCLUSIONS 1. The applicant requested approval of a land surface modification permit with the 100 foot setback of wetlands at 35454 - Pacific Highway South, on the southeast corner of Pacific Highway South and South 356th Street, Federal Way, Washington. In addition, the applicant proposed the removal of contaminated soils from the site. 2. The Hearing Examiner of the City of Federal Way has jurisdictional authority to hear the case and to issue a decision, based on the authority granted him pursuant to the provisions of FWZC 170.35. 3. The wetlands on the subject property are not designated as wetlands by the City of Federal Way. However, because of their close proximity to designated wetlands, including the adjoining southern property, a review was made pursuant to the provisions of the Federal Way Zoning Code. 4. The FWZC 80.160(4) sets forth criteria for land surface modifications within setback areas from regulated wetlands. These criteria, which have been identified in the findings of this document, have been satisfied by the applicant. The specific findings relating to the satisfaction of these criteria are set forth in the findings. 5. The requested land surface modification will not adversely affect water quality. 6. The proposed land surface modification within the setback area for regulated wetland will not destroy or damage significant habitat area. 7. The requested land surface modification within the setback area from a regulated wetland will not adversely impact drainage or storm water retention capabilities. 8. With the filling in of the depressed area and the preservation of the existing walls and floor of the wetlands, the requested land surface modification within the setback area from a regulated wetland will not lead to unstable earth conditions, nor create erosion hazards. 9. The requested land surface modification within the setback area from a regulated wetland will not be materially detrimental to other properties in the area, nor to the City. GUADIO ESTATES FILE #UP2-90-0003 FWHE #90-2 PAGE EIGHT 10. In order to preserve the subject property and to protect the wetlands, the filling of the depression of the wetlands and the removal of the soils is necessary. 11. The depression of the wetlands is located on the subject property and on adjoining properties. One of the adjoining property owners, John and Maureen Karl, have agreed to participation in the filling of the depression. V. DECISION Based upon the proceeding findings of facts and conclusions and the testimony and evidence submitted at the public hearing, it is hereby ordered, pursuant to the authority granted the Hearing Examiner in FWZC 170.35, that the requested land surface modification within the wetland setback area for property at 35454 - Pacific Highway South, on the southeast corner of Pacific Highway South and South 356th Street, Federal Way, Washington, is granted. In addition, the applicant is allowed to remove contaminated soils from the site. This permit for the modification and removal of soils is granted, subject to the following conditions: 1. An erosion sedimentation and pollution control plan shall be submitted for review and approval prior to issuance of a development permit. At a minimum, the plan shall be designed to minimize erosion, sedimentation and pollution impacts on site and off-site drainage courses, and existing wetlands. If the fill is permitted, control measures shall be implemented prior to beginning filling and grading activities. 2. The recommended cleanup and reclamation of the site shall be completed within six months of issuance of the permit. The applicant shall apply for a permit within 60 days of the Hearing Examiner's decision becoming final. 3. A soils report shall be submitted prior to commencing work. The report shall contain sufficient information to determine the impacts of the land surface modification as well as proposed measures to reduce or eliminate these impacts. 4. Immediately after the cleanup has been completed, all disturbed areas shall be re - vegetated with native growth plants on the slope and within 100 feet of the edge of the wetland along the top of the bank. 5. All work must occur without any further intrusion or disturbance of the wetland area, except where unavoidable to implement the cleanup. Where disturbance does occur, restoration as required by FWZC Chapter 80 will apply. GUADIO ESTATES FILE #UP2-90-0003 FWHE #90-2 PAGE NINE 6. Bonds, agreements and insurance certificates are required prior to commencing work. a. A performance bond to guarantee that the land surface modification will conform to the City standards and requirements. For a performance bond, the amount will be one hundred and twenty percent of the cost of the work or improvements covered by the bond based on estimated costs immediately following the expiration of the bond. b. A maintenance bond for the stability of the work and the preservation of vegetation. For a maintenance bond, the amount will be thirty percent of the cost of replacing the materials covered by the bond, based -on estimated costs on the last day covered by the bond. 7. The existing stockpile soils shall be tested and approved by the City of Federal Way before any of it can be used as fill. All materials used as fill must be non -dissolving and non -decomposing. Fill material must not contain organic or inorganic material that would be detrimental to water quality or existing habitat, or create any other significant adverse impacts to the environment. 8. A maximum fill slope of two feet horizontal to one foot vertical or as recommended by a Geotechnical Engineer, is required. 9. If the fill is allowed, the fill embankment must be placed in horizontal compacted lifts with compaction results certified by a Geotechnical Engineer. 10. The applicant shall provide the necessary fill for any depressions on the adjoining properties. If the property owner of the adjacent property is unwilling to participate in such activity, the applicant shall take all necessary measures to protect the wetlands that are not filled. The necessary measures shall control erosion within the exposed wetland area and protect walls from further damage. 11. All activity shall be done by a licensed and bonded construction company and/or engineering company. 12. All conditions as set in the MDNS must be adhered to. • GUADIO ESTATES FILE #UP2-90-0003 FWHE #90-2 PAGE TEN 13. The modification shall include the removal of all soils containing petroleum hydrocarbons, the disposal of the contaminated soils at an approved off-site landfill, the backfill of the excavated area, and the restoration of the site to its original condition. Done and dated this 21st day of December, 1990. JAMES M. DRISCOLL IV. RIGHTS TO RECONSIDERATION AND APPEAL Any person who has a right to appeal a decision under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her decision by delivering a written request for reconsideration to the Planning Department within seven (7) calendar days after the date of issuance of the Hearing Examiner's decision. The person requesting the reconsideration shall specify in the request what aspect of the decision he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way Zoning Code. within ten (10) working days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way Zoning Code whether or not the decision will be reconsidered. The Hearing Examiner may reconsider the decision only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code.