21-100017 Addressing Technical Review Comments 2 Ltr 07-19-2021 (NEW)
P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873
July 19, 2021
City of Federal Way
Community Development
33325 8th Avenue South
Federal Way, Washington 98003
RE: Addressing Technical Review Comments 2
Files 20-105405-UP, 21-100016-UP, and 21-100017-UP
Henry Reasonable Use Lots 142103-9043, -9069, and -9087
Dear Chaney Skadsen:
Please find the second round of technical review comments dated June 16, 2021, which included
comments from Landau Associates dated June 7, 2021, have been addressed for the subject projects.
TABLE OF REVIEW COMMENTS AND RESOLUTIONS
COMMENT# COMMENT RESOLUTION
1)
LAI staff conducted a reconnaissance of the subject property on May 19,
2021 and agree with the delineated boundary of Wetland A, as observed
at the time of the reconnaissance. LAI observed flags A4 through A7, as
shown on Att. 1 – Critical Areas Designation Map From Survey in the
November 2020 Report, and noted the wetland boundary generally
follows the toe of slope, as shown on the Preliminary Plans. Surface
saturation and the water table were observed in the wetland, as well as
dominance of hydrophytic vegetation, and loamy mucky mineral soil
satisfying the hydric soils parameter. NOTED
2)
LAI agrees with the delineation of Stream A based on observations of
flagging present at the time of the May 19, 2021 reconnaissance. LAI
observed flags S1, S2, and A4 through A7, which were located on the right
bank of the stream. NOTED
3)
LAI concurs with the water type of Stream A (Joes Creek) as Type F (fish
habitat stream), based on observed stream conditions and criteria
provided in accordance with Washington Administrative Code (WAC) 222-
16-031. NOTED
4)
LAI concurs with the general location configuration of Stream B as shown
on Att. 1 – Critical Areas Designation Map From Survey in the November
2020 Report, but was unable to confirm delineation of the ordinary high
water mark, based on a review of the report and Preliminary Plans. Only
one flag (STRM 2) located at the top of the bank was observed at the time
of the reconnaissance, which does not appear to correspond to flagging
shown in the November 2021 Report or Preliminary Plans.
The OHWM was
surveyed and is
identified in the plans.
Some of the original
flagging and stakes
have come up missing.
P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873
5)
Based on review of the segment of Stream B on the subject property, LAI
observed that the physical characteristics of this stream satisfy the criteria
as a Type F stream (i.e., fish habitat), as opposed to Type N indicated in
the April 2021 Report, and requires a 100-foot buffer per the FWRC.
Stream B classification
has been changed to
Type F (REV page 9).
6)
LAI requests confirmation that stream buffer width measurements are
based on distance from the ordinary high water mark of Stream A and
Stream B. LAI assumes that Att. 1 – Critical Areas Designation Map From
Survey of the November 2020 Report shows the centerline of streams
(i.e., “CL Stream”) as opposed to the OHWM. In accordance with FWRC
19.145.270 (1), buffer widths shall be measured outward on a horizontal
plane from the OHWM or top of bank, if the OHWM cannot be identified.
The stream buffer
boundary was adjusted
on the plans for width
measured from the
OHWM. Revised in
engineering plans.
7)
LAI requests labels for Wetland A, Stream A, and Stream B be added to
project figures. While the location of these features can generally be
identified based on text description in the April 2021 Report, no labels are
included on figures in the reports or Preliminary Plans.
Labels have been
added to reports,
figures, and plans.
8)
LAI is clarifying that two wetland areas are mapped by National Wetland
Inventory (NWI) on the subject property. In addition to the R4SBC habitat
referenced in the April 2021 Report, Figure 3 – Nat’l Wetland Inventory
Map of the November 2020 Report includes a portion of PFO1C habitat
intersecting the northern portion of the subject property.
Agreed, the National
Wetland Inventory
identified and noted
(REV page 6).
9)
LAI requests confirmation of the rating of Wetland A and associated
buffer width provided concurrence on corrections and review of
information requested in support of the rating form provided below:
Rating form revised
(REV p.23-31).
i.
D 1.2 should be noted as “Yes” with corresponding points of 4. The April
2021 Report indicates the presence of peat (i.e., true organic layer) in the
wetland. This change provides water quality function rating of site
potential as “High.”
Rating form revised
(REV p.23-31).
ii.
Figure showing hydroperiod for entire wetland unit is required in support
of D 1.4 and H 1.2. Figure 2 – Hydroperiod is limited to the southern limit
of the wetland in the vicinity of the subject property.
Rating form revised
(REV p.23-31).
iii.
Please specify other sources of pollutants associated with D2.4. LAI notes
that any change to this question will not affect the rating for Landscape
Potential.
Rating form revised
(REV p.23-31).
iv.
Wetland A is not a headwater wetland as indicated in D 4.2 due to inflow
from Stream A, and the range in depth of storage during wet period will
need to be indicated. In accordance with the wetland rating manual, “To
identify if the wetland is a headwater inflow from a permanent or
seasonal channel, it is a headwater wetland for the purposes of this
rating.” wetland, use the information collected in question D 1.1. If the
wetland has a permanent or seasonal outflow through a defined channel
but NO
Rating form revised
(REV p.23-31).
v.
A figure showing Cowardin plant classes for the entire wetland unit is
required in support of H 1.1. Figure 1 – Cowardin Plant Class provided in
the April 2021 Report does not include the entire wetland unit and it is
not clear if Emergent and Scrub-Shrub should be selected in H 1.1. LAI
observed an Emergent component of the wetland but it is not clear if the
size threshold is satisfied for the selection on the rating form. As noted
above, NWI mapping identifies the wetland as forested (PFO1C). LAI notes
that any change to this question will not affect the habitat rating for Site
Potential.
Added Rating Figure 1,
page 36.
P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873
vi.
LAI cannot confirm the response to question H 2.1 based on the figures
provided. Based on Figure 5 – 1 Km Ply with Accessible & Undisturbed, it
does not appear that any area of accessible undisturbed habitat is
contiguous with the wetland unit; however, the extent of the wetland
unit is not shown on the figure.
Added Rating Figure 2,
page 36.
vii.
H 3.1 should be provided 2 points and a corresponding rating value of
“High.” The wetland unit has three or more priority habitats within 100
meters. In addition to the riparian and snags and logs priority habitats
selected, instream (i.e., Stream A) is also present.
Rating form revised
(REV p.23-31).
10) LAI confirmed the wetland rating noted above. The wetland buffer shown
on Att. 1 –Critical Areas Designation Map From Survey should be 150 feet
as opposed to 165 feet.
Changed wetland
buffer width from 165-
ft to 150-ft, revised all
figures.
11) The April 2021 Report does not satisfy all of the evaluation criteria
provided in FWRC 19.145.080(2), specifically items: Addressed below.
(c) The dates, names, and qualifications of the persons preparing the report
and documentation of any reconnaissance on site; Added (REV page 15).
• Qualifications of the persons preparing the report are not provided. Added (REV page 15).
(d)
A scaled site plan depicting critical areas, buffers, setbacks, and proposed
improvements;
Setbacks added on all
plans. See additional
Stream and Wetland
Buffer Map developed
to provide further
clarity.
•
LAI notes that the November 2021 Report and Preliminary Plans identify
wetland and stream buffers and proposed improvements; however,
setbacks relative to the proposed improvements are not shown.
Revised engineering
site plan with both
buffers clearly shown
and dimensions
relative to building
footprints in addition
to a separate Stream
and Wetland Buffer
Map to provide
additional clarity.
(e) Photographs of the site and critical areas -
•
LAI notes that the Preliminary Plan Set includes reference to site
photographs; however, the photographs were not provided for review
and it is unclear if they show the identified critical areas. Attached
photographs from LAI’s reconnaissance may be used to fulfill this
requirement. Noted
(g)
A description of efforts made to apply mitigation sequencing pursuant to
FWRC 19.145.130 to avoid, minimize, and mitigate impacts to critical
areas;
Provided in the Final
Mitigatio Plan (page 5
of 21).
• LAI notes that the April 2021 Report refers to the mitigation sequence but
does not provide evaluation for each step of the sequence.
Provide in the Final
Mitigation Plan.
12) The April 2021 Report does not satisfy all of the evaluation criteria
provided in FWRC 19.145.410(2), specifically items (c), (e), and, if
necessary, (f):
Report revised to
satisfy the evaluation
criteria (c), (e), and (f)
as follows.
P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873
(c) Documentation of fieldwork, including field data sheets, rating system
forms, and baseline hydrologic data
Field data forms
attached Appendix 3.
• LAI acknowledges the April 2021 Report includes data form SP 1W.
However, this sampling point is not shown on Att. 1 – Critical Areas
Designation Map From Survey of the November 2020 Report, and the
data forms for sampling points shown on the figure are not provided.
All 4 sampling points
shown on ATT. 1a and
on the new Stream and
Wetland Buffer Map
provided separately.
(e)
Identification and characterization of all wetlands and buffers on and
within 225 feet of the subject property. For off-site areas with limited or
no access, estimate conditions using best available information.
Offsite addressed in
various locations in the
wetland report and an
offsite analysis for
stormwater runoff was
provided in the TIR
submitted with the
project.
• LAI acknowledges the April 2021 Report includes discussion of Offsite
Wetlands (page 5 of the report) but is not clear on the extent included in
the evaluation, and the extent of Wetland A and associated buffer should
be shown within 225 feet of the subject property.
Offsite evaluated with
best available
information in report
and offsite analysis for
flow control and water
quality addressed in
the TIR submitted with
the project.
(f) Provide the following for each wetland identified on and/or within 225
feet of the subject property. Acreage estimates, classifications, and
ratings shall be based on entire wetland complexes, not only the portion
present on the subject property:
Offsite addressed in
various locations in the
wetland report and an
offsite analysis for
stormwater runoff was
provided in the TIR
submitted with the
project.
i.
Wetland rating and score for each function;
Offsite is on private
property and best
available information
was used.
ii.
Required buffers;
Offsite is on private
property and best
available information
was used.
iii.
Hydrogeomorphic classification;
Offsite is on private
property and best
available information
was used.
iv.
Wetland acreage;
Offsite is on private
property and best
available information
was used.
v. Cowardin classification of vegetation communities;
Offsite is on private
property and best
P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873
available information
was used.
vi.
Habitat elements;
Offsite is on private
property and best
available information
was used.
vii. Soil conditions based on site assessment and/or soil survey information;
and
Offsite is on private
property and best
available information
was used.
viii.
To the extent possible, hydrologic information such as location and
condition of inlet/outlets, estimated water depths within the wetland,
and estimated hydroperiod patterns based on visual cues (e.g., algal mats,
drift lines, and flood debris).
Offsite is on private
property and best
available information
was used.
13)
The buffer impact assessment must include the extent of development on
the subject property and differentiate between wetland and stream
buffers. The impact area analysis in the November 2020 and April 2021
Reports is limited to the proposed building footprints, and the extent of
paving and other features that directly or indirectly impact buffers need
to be included as part of impacts. Impacts should also consider those
areas of functional buffer that would no longer be contiguous with the
stream/wetland as a result of development. LAI notes that the entirety of
the subject property proposed for development may be encumbered by
wetland buffer but is not completely encumbered by stream buffer.
Stream and Wetland
Buffer Map developed
clearly identifying the
stream buffers and the
wetland buffer along
with the square
footage of intrusion
into the wetland buffer
(all) and square
footage into the
combined stream and
wetland buffer.
14)
LAI requests that measurement of wetland buffer encroachment be
shown to support that application of FWRC 19.145.440(5) and (6) is not
feasible.
See new Stream and
Wetland Buffer Map
provided separately,
shows parcels
completely
encapsulated within
buffer regions.
15)
Project evaluation for stream buffer intrusion in accordance with FWRC
19.145.330 is required. It is LAI’s understanding that application of
reasonable use criteria in FWRC 19.145.090 would apply if a waiver from
FWRC 19.145.330 is required.
Placement of the
house is such to meet
the City’s setback
requirements. A
variance to the
setbacks was discussed
with the City as likely
denied since setbacks
could be met with
development in the
buffer areas but not in
the critical areas.
16) Additional project evaluation for stream crossing criteria in accordance
with FWRC 19.145.320(2) is required. LAI acknowledges that the April
2021 report provides evaluation of criteria in FWRC 19.145.320(2)(g) and
(h), however:
The stream crossing is
a required to bring
public sewer to the
property and is the
properties only feasible
access to public sewer
facilities.
P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873
i. The depth of scour for the base flood as predicted by a civil engineer is
required as referenced in FWRC 19.145.320(2)(g). The April 2021 Report
and Preliminary Plans indicate the proposed utility line will be located 4
feet below the creek, but do not identify scour depth.
Elevations, CREEK
BOTTOM = 244.99';
SEWER PIPE = 240.99'
TOP - Added to the
Stream and Wetland
Buffer Plan.
ii.
Criteria provided in FWRC 19.145.320(i) and (j) are also applicable.
Disturbances for the
stream crossing are
outside the stream
buffer. See Stream and
Wetland Buffer Map..
17) The Mitigation Planting Area on Att. 1a – Project Impacy (sic) & Mitigation
Area Map From Survey appears to extend across Stream A and Wetland A,
and would not be counted toward buffer enhancement.
Revise to include
naturally vegetated
flow path areas,
exceeding
enhancement
requirements.
18)
Subsequent mitigation plans will be required to include the mitigation
plan requirements in FWRC 19.145.140. LAI understands the intent of the
April 2021 Report is to present a conceptual mitigation plan, and that a
more detailed plan will be provided following City concurrence on the
conceptual plan. Revisions to the conceptual mitigation plan are required,
as noted in the comments above.
A Final Mitigation Plan
was submitted and
addresses FWRC
19.145.140.
19)
LAI requests that subsequent revisions include compilation of all existing
and corrected items. Consolidation of report components, including
sample plot data forms, rating forms, and associated figures into a single
report will help to facilitate efficient review.
Noted and compiled as
much as possible
within the
requirements for
electronic submittal.
Thank you for your review.
Sincerely,
Michelle Henry
Attachments:
Resubmittal Form
Wetland Delineation Report (revised)
P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873
Final Mitigation Plan (new)
Stream and Buffer Wetland Map (new)
Final Engineering Plan Set (revised)
Variance Request Rescinded Letter