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17-105489-Response Letter to ESA Review Memo-04-02-2020-V13Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 1 April 2020 TAL-1572C Mr. Jim Harris, Senior Planner City of Federal Way Department of Community Development 33325 8th Avenue South Federal Way, WA 98003 Via email: Jim.Harris@cityoffederalway.com REFERENCE: Greenline Business Park Project, Federal Way, Washington SUBJECT: Response to ESA Review Memorandum dated 30 November 2018 Dear Jim: In response to the comments provided by Ms. Jessica Redman and Ms. Ilon Logan on 30 November 2018 (ESA) I am providing the following responses. The ESA Review Memo addressed the Critical Areas Report and Conceptual Mitigation Plan prepared by Talasaea Consultants, Inc. (27 October 2017) for the property located at approximately 32901 Weyerhaeuser Way South, Federal Way, Washington. I am providing you with our responses and clarifications to the comments and recommendations posed by ESA. To ensure accuracy, I am providing the text of their comments below in bold text, using the same bulleted list system as found in ESA’s Memo. My responses follow immediately in italic text. • As documented in our previous review of the Tech Center BLA (memo dated August 22, 2017), we agree with the wetland delineation boundaries, rating forms, and rating classifications established by Talasaea for wetlands occurring on the proposed project site. Comment noted. • We generally agree with the conceptual mitigation plan and believe that the proposed mitigation site appears to be an adequate location for wetland creation. As the mitigation design progresses, we strongly recommend that the applicant perform further environmental investigations (groundwater level monitoring, soil analysis, etc.) at the proposed mitigation site to acquire the necessary data and information to inform mitigation feasibility and design. Comment noted. Additional investigations are anticipated, but have not been completed to date. Mr. Jim Harris 1 April 2020 Page 2 of 5 Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 • Impacts to wetlands and wetland buffers should be minimized to the extent possible. It appears that in several areas, impacts could be further minimized, if not avoided, by minimal design and layout modifications while still resulting in a viable project. These areas include the following: o The proposed 820 SF of wetland fill in Wetland DE near the southwest corner of Building A; Building A (Building 1 on civil plans) is a large rectangular warehouse with limited opportunity to modify the shape. Additionally, vehicular access completely around the building is required. Impacts to Wetland DE have been reduced to the greatest extent feasible for the proposed Site Plan. o The proposed filling of Wetland CG and the intrusion into the buffers of Wetland BA and PK, by the construction of Detention Pond 1; The Detention Pond 1 has been sized based on existing data, assuming no possibility of infiltration. Additional geotechnical testing will be conducted to further evaluate the possibility of infiltration in this general area to determine if the pond can be further reduced. At this point in time, the pond has been reduced to the greatest extent possible. The physical geometry of the pond has been designed to reduce its footprint as much as possible, and preserve the large conifers along Weyerhaeuser Way South as much as feasible while minimizing impacts to critical areas. o The proposed intrusion of the eastern edge of Detention Pond 2 into the buffer of Wetland AV; Only temporary construction impacts are proposed to the buffer of Wetland AV due to grading around Detention Pond 2. These temporary disturbance areas include an existing road with adjacent roadside ditches that will all be restored post-developed to a forested condition. o The proposed intrusion of the southeast corner of Detention Pond 3 into the buffer of Wetland BR; No direct or indirect impacts are proposed to Wetland BR or its buffer Detention Pond 3 does not extend into the buffer of Wetland BR. o The proposed intrusion of the western edge of Detention Pond 4 into the buffer of Wetland AH; Wetland AH currently occurs at the base of the berm surrounding the existing stormwater pond and is likely the result of water leaking through the berm, consistent in formation/origins of Wetland AG. Wetland AH will only have minor temporary impacts to its buffer resulting from regrading of the existing stormwater pond berm to expand this facility, but will be fully restored afterwards. Wetland AH will be indirectly impacted Mr. Jim Harris 1 April 2020 Page 3 of 5 Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 as a result, but the post-development condition will be no different than the existing condition – where the buffer includes a stormwater pond and adjacent berm. o The proposed intrusion of the southwest corner of Building B into the buffer of Stream AC. Building B (Building 2 on civil plans) has been pulled back out of the stream buffer. We recommend the current design and layout, which results in the proposed impacts to wetlands and wetland buffers, is reevaluated for the areas described above and included in the mitigation sequencing process. The site plan has been revised since this comment letter was issued, with the proposed area of development reduced from what was previously proposed. Direct wetland impacts are limited to a few select areas where warehouse geometries are difficult to adjust or finesse around organically shaped wetlands. Wetland impacts have been targeted to the lower quality wetlands. Buffers have been averaged to the greatest extent possible, and indirect impacts have been calculated where wetland fill will result in insufficiently buffered wetlands in the post- development condition. • The City considers grading within a wetland buffer to be development, and therefore, the applicant needs to show that the proposed temporary buffer impacts due to site grading meet the criteria under FWRC 19.145.440 – Development within wetland buffers. Additionally, the applicant shall demonstrate that temporary buffer impacts have been avoided or minimized to the extent possible, per FWRC 19.145.130. Temporary buffer impacts should also be included on the figures in the Report. Temporary buffer impacts are identified on the revised critical area plan sheets and have been labeled as temporary construction impacts. These areas have been reduced to the greatest extent possible, and are generally limited to areas near the proposed detention ponds and where work is proposed to remove an existing trail and restore this area as forested buffer. • The wetland buffers on the Site Plan are inconsistent with the wetland buffers on the figures in the Report. For example, buffers for Wetlands BA-2, PK, and BB appear larger on the Site Plan than on Figure WI.1 in the Report. The Site Plan should be revised to reflect the buffers presented in the Report. Plans have been revised to be consistent on buffer widths shown. • Sheets of the Site Plan that contain the proposed development should only show the buffers post-development and should not include existing buffers for wetlands that will be filled or indirectly impacted. Site Plan sheets should be revised to show post- development buffers and an existing conditions figure should be added to the Site Plan. Comment noted. This revision has been made. Mr. Jim Harris 1 April 2020 Page 4 of 5 Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 • We recommend the ordinary high water mark (OHWM) of North Lake, within the project area, be delineated in order to accurately calculate and assess proposed impacts and activities in the shoreline. The OHWM of North Lake was delineated in the field, as well as cross checked against topography to ensure the most accurate reflection on the Site. The delineation was done during a period of very high water, and so elevation data was used to correct the OHWM location. While the OHWM would be located behind any obligate wetland species, no wetlands that meet these parameters occur on the Site that would alter the location of the OHWM from the clear topographic break along the northwest and west edge of the lake where either salal begins, or where facultative or facultative wetland species occur. • If the proposed mitigation area or any other development is within 200 feet of the OHWM of North Lake, then shoreline review is triggered under FWRC 15.05 – Shoreline Management. We recommend Section 6 – Regulatory Review of the Report be revised to include all required permits. The only work proposed within shoreline jurisdiction is enhancement plantings as part of the mitigation effort to restore areas to a native vegetation community, and minor grading to ensure positive drainage towards the lake. No development is proposed within the shoreline jurisdiction. No permanent impacts to wetlands or their buffers are proposed. The Project proposes to clean up the existing buffers and restore these areas. Native vegetation is generally limited in these areas to young red alder and black cottonwood due to the compact soils and range of hydrologic conditions. These areas of habitat enhancement do not affect areas dominated by large conifers – as these stands have been specifically avoided. Ultimately, the proposal will result in an increase in quality of critical areas and will be consistent with the intent of the Shoreline Management Program. • Referring to Figure WI.3 of the Report, it appears that buffer creation is proposed in the existing buffer of Wetlands BB and BD North. This area cannot be considered as new buffer and the Report and figures should be revised to reflect any changes. The mitigation plan has been revised to clearly show wetland and buffer creation outside of existing buffers. • The areas shown as buffer creation and wetland creation areas on Figures W1.3 and W3.1 of the Report are inconsistent. Areas of the mitigation area between the southern end of Wetland BB and the northern end of Wetland BD North are shown as wetland buffer creation on Figure W1.3 and shown as emergent and scrub-shrub wetland creation, as well as buffer enhancement, on Figure W3.1. We recommend the figures be revised to show the correct proposed mitigation actions, consistently across all relevant Report figures. The plan sheets have been revised for consistency to accurately reflect which areas are wetland creation versus wetland enhancement, and then to distinguish between buffer creation, buffer enhancement, and buffer restoration. Mr. Jim Harris 1 April 2020 Page 5 of 5 Resource & Environmental Planning 15020 Bear Creek Road Northeast • Woodinville, Washington 98077 • Bus: (425)861-7550 Fax: (425)861-7549 • A 10-foot wide sewer easement runs through the proposed mitigation area. The sewer was installed approximately 18 years ago along with its corresponding impact mitigation area, which is apparently located north of the existing boat launch access. Future application materials should show this area of previous mitigation so that it is clear the area is not included within the current mitigation proposal. This sewer line is shown and clearly labeled on the plans. No portion of this sewer line has been included within this mitigation proposal. No work is proposed within the limits of this sewer line easement. • A portion of the buffer enhancement area on Figure W3.1 of the Report encroaches into the existing sewer easement. This area should be removed from the mitigation calculations. Some planting will be allowed within the terms of the easement agreement, but this area cannot be secured in perpetuity as mitigation for the Greenline Business Park wetland impacts. The plans have been revised to remove any mitigation activity from within this sewer line easement. • Within the mitigation area, some portions of the wetland creation areas that are closest to the sewer easement, will have less than a 25-foot buffer. The wetland creation area should be relocated or reconfigured so that it can be adequately buffered. The mitigation area has been adjusted to reflect a full buffer off the sewer line easement. While grading is being proposed near this easement as part of the wetland creation effort, only those areas that are clearly buffered have been accounted as wetland creation. The other areas will be buffer enhancement. We trust that the information presented above is sufficient to address ESA’s comments regarding Talasaea’s Critical Areas Report and Conceptual Mitigation Plan submittal for this project. If you have any additional questions or need more information, please contact me at (425) 861-7550. Thank you. Sincerely, TALASAEA CONSULTANTS, INC. Jennifer Marriott, PWS Senior Wetland Ecologist/Project Manager