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21-100017 Final Mitigation Plan 9-17-2021 REV1 FINAL MITIGATION PLAN for Reasonable Use Permit P & M Development Parcels PARCEL # 1421039069, 1421039087, & 1421039043 33305 43rd Avenue Southwest and adjacent east CITY OF FEDERAL WAY WASHINGTON City File folders #20-104505, 21-100016, 21-100-17 Prepared for: Ms. Michelle Henry, PE P & M Development LLC 35001 NE 147TH AVE Yacolt, WA 98675 p.m.development@outlook.com 360-281-8195 Prepared by Beaver Creek Environmental Services POB 731695 Puyallup, WA 98373 253 732-6515 MHeckert@Q.com REVISION 1 September 17, 2021 EXECUTIVE SUMMARY The P&M development, 33305 43rd Avenue Southwest and adjacent east (parcel #s 1421039069, 1421039087, & 1421039043) is located generally west of Hoyt Rd. SW, in the City of Federal Way, Washington. The project site is three parcels approximately 73,495 sq. ft. (1.7 acre). The site is bounded on the south, east, and west by residential development, and on the north by a vacant parcel. The site is vacant of development. As part of the site planning process an assessment of the project site was completed following the procedures outlined in the Washington State Wetlands Identification and Delineation Manual (Wash. Manual) and the Corps of Engineers Wetland Delineation Manual (2010 Supplement). Drainage corridors were also assessed in accordance with the criteria established by the City of Federal Way and the State of Washington Department of Natural Resources (WDNR) Forest Practice Rules (WAC 222 -16-030). These assessment activities resulted in the identification of one wetland area and one stream (See Wetland and Drainage Corridor Evaluation and Delineation Report and Conceptual Mitigation Plan for Reasonable Use exception, P&M Development, BCES, July 16, 2021). The site is totally encumbered by wetlands, stream, and their buffers. The selected site development action for this project site is the development of three single-family residences consistent with the City of Federal Way comprehensive plan and local land use zoning. Through site planning the project team has been able to design the house and associated utilities and access to avoid adversely impacting the identified onsite wetlands or stream. However, to obtain reasonable use of the parcels to accommodate single-family houses, the buffer of the on-site wetland and the stream will be reduced. To mitigate for the encroachment into the standard buffer, the reduced buffer area will be revegetated with native trees and shrubs. TABLE OF CONTENTS INTRODUCTION............................................................................................................. 1 STUDY PURPOSE ......................................................................................................... 1 SITE DESCRIPTION ..................................................................................................... 1 MITIGATION PLAN ....................................................................................................... 1 REASONABLE USE STANDARD AND ADHERENCE............................................. 3 DESCRIPTION OF THE MITIGATION PROGRAM ................................................... 3 GOAL AND OBJECTIVE OF THE MITIGATION PLAN ........................................... 4 SELECTED PLANT COMMUNITIES .......................................................................... 5 RESTORATION PLANTING GUIDELINES ............................................................... 7 CONSTRUCTION INSPECTION ................................................................................. 8 MITIGATION CONSTRUCTION SCHEDULE ........................................................... 9 STANDARDS OF SUCCESS ........................................................................................ 9 Vegetation Sampling Methodology and Monitoring Schedule ................................... 9 Vegetation Monitoring ................................................................................................ 9 WILDLIFE OBSERVATIONS .................................................................................... 11 COVERAGE FOR EXPOSED BUFFER AREA .......................................................... 11 CONTINGENCY PLAN .............................................................................................. 11 PLANTING NOTES ..................................................................................................... 12 REFERENCE LIST ........................................................................................................ 13 ATTACHMENT 1 - Bond Quantity Worksheet…….……………………………….......15 ATTACHMENT 2-5 - Mitigation Plan Drawings ………………………………………16 ATTACHMENT 6 - Reasonable Use Application Letter 9-15-21 with Attachments 20 ATTACHMENT 7 - Storm Water Narrative 9-15-21 with TIR Attached …………… STANDARD OF CARE Prior to extensive site planning, this document should be reviewed and the wetland boundaries verified by the appropriate resource and permitting agencies. Wetland boundaries, wetland classifications, wetland ratings, proposed buffers, and proposed compensatory mitigation should be reviewed and approved by City of Federal Way Planning dept. personnel and potentially other resource agency staff. BCES has prov ided professional services that are in accordance with the degree of care and skill generally accepted in the nature of the work accomplished. No other warranties are expressed or implied. BCES is not responsible for design costs incurred before this doc ument is approved by the appropriate resource and permitting agencies. Mark Heckert Beaver Creek Environmental Services [BCES] 1 P&M FedWay Mitigation Plan REV. 1 INTRODUCTION This report details activities to mitigate for unavoidable impacts to regulated City of Federal Way Environmentally Critical Areas as an initial element of the site planning process for the P&M DEVELOPMENT (Parcel #s 1421039069, 1421039087, & 1421039043). The project site is three parcels, approximately 73,495 sq. ft.. The site is bounded on the south, east, and west by residential development, and on the north by a vacant parcel. The site is vacant of development. STUDY PURPOSE This purpose of this document is to present the plan for mitigation of unavoidable impacts to the regulated wetland buffer within the project site. This study was designed to accommodate site planning and potential regulatory actions. This report is suitable for submittal to federal, state, and local authorities for wetland boundary verification and permitting actions. SITE DESCRIPTION The site is irregular, approximately 1.7 ac., sloping to the north throughout, and located within an urbanizing area of the City of Federal Way. Movement of surface water runoff across the site is generally to the north to the stream (Joes Cr.), and to the wetland. The majority of onsite surface water runoff pools on -site and infiltrates. MITIGATION PLAN The selected site development action for the P&M Development is the development of three single-family residences consistent with the City of Federal Way comprehensive plan and local land use zoning. The creation of these residences will include the establishment of houses and internal access for driveway and utilities. Through site planning the project team has been able to design the homesite and associated utilities to avoid unnecessarily adversely impacting the identified onsite wetland and stream. However, site characteristics, including parcel size, the proximity of regulated stream and wetlands, and the size of their respective buffers, makes reasonable development of the parcels to single-family houses impossible. The standard buffers of the stream and wetland must be reduced more than allowed by standard regulation to accommodate reasonable use of the site. Therefore, proponent requests permitting of these parcels under City of Federal Way Title 19.145.090 Reasonable use of the subject property (below). 2 P&M FedWay Mitigation Plan REV. 1 19.145.090 Reasonable use of the subject property. (1) The provisions of this section establish a mechanism whereby the provisions of this chapter may be modified or waived on a case-by-case basis if their implementation would deprive an applicant of all reasonable use of the subject property. (2) An applicant may apply for a modification or waiver of the provisions of this chapter using process IV; except, that applications for projects on single-family residential lots may use process III. (3) The city may approve a modification or waiver of the requirements of this chapter on a case- by-case basis based on the following criteria: (a) The application of the provisions of this chapter eliminates all reasonable use of the subject property; RESPONSE: see “Reasonable Use Application Letter 9-15-21 with Attachments” attached. (b) No feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site layout and/or reduction of impervious improvements; RESPONSE: see “Reasonable Use Application Letter 9-15-21 with Attachments” attached. (c) It is solely the implementation of this chapter, and not other factors, that preclude all reasonable use of the subject property; RESPONSE: see “Reasonable Use Application Letter 9-15-21 with Attachments” attached. (d) The applicant has in no way created or exacerbated the condition that forms the limitation on the use of the subject property, nor in any way contributed to such limitation; and RESPONSE: see “Reasonable Use Application Letter 9-15-21 with Attachments” attached. (e) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. RESPONSE: see “Reasonable Use Application Letter 9-15-21 with Attachments” attached. 3 P&M FedWay Mitigation Plan REV. 1 Mitigation Sequencing: Mitigation planning for this site followed standard and accepted mitigation sequencing protocol of Avoidance, Minimization, Mitigation. The development cannot be avoided to obtain use of the parcels. The development is minimized by siting the development as far to the south boundary as possible, in an area of previous impact. The development envelopes are minimized, and accessed through a common access. Planting is proposed for all unvegetated areas, resulting in the greatest mitigation possib le on the site. An encroachment into the identified buffer for the on -site wetland and stream is required to establish the home sites. The proposed development is the minimum required to achieve reasonable use of the site. The development is situated as far from the wetland and stream as practicable. Mitigation for the required buffer impact at the eastern boundary of the project site will be provided by re planting the retained buffer, as well as the Flow Control BMP Vegetated Flow Paths (FCVFP) and the areas would be planted with a variety of native trees and shrubs. Wetland enhancement and a reduction in the front-yard setback were also proposed as additional mitigation for the required buffer reduction. These measures were disallowed be the city reviewer. The proposed measures are the maximum mitigation possible on these parcels while still providing for reasonable development. Through this compensatory mitigation the development would not result in a “net loss” of regulated wetland area, function, or value consistent with City of Federal Way Zoning Code. Stream Buffer Impact & Mitigation Areas Analysis – (in sq. ft.) PARCEL # Development Impact Mitigation Enhancement Stormwater Enhancement Enhancement Overlap Total Enhancement Mitigation ratio MITIGATION : IMPACT 9069 1080 4822 4365 (4025+340) 1575 (1300 +275) 7612 7.4 : 1 9087 2900 3250 1090 400 3940 1.4 : 1 9043 3350 400 1515 0 1915 0.6 : 1 TOTAL 7330 8472 6970 1975 13467 1.8 : 1 Wetland Buffer Impact & Mitigation Areas Analysis – (in sq. ft.) PARCEL # Development Impact Mitigation Enhancement Stormwater Enhancement Enhancement Overlap Total Enhancement Mitigation ratio MITIGATION : IMPACT 9069 3250 4822 6160 (4880 +1500) 1575 (1300 +275) 9407 2.9 : 1 9087 2900 3250 1090 400 3940 1.4 : 1 9043 3350 400 1515 0 1915 0.6 : 1 TOTAL 9550 8472 8765 1975 15262 1.6 : 1 4 P&M FedWay Mitigation Plan REV. 1 The Mitigation Enhancement Area and the FCVFPs are areas of fill placed on presumably wetland many years prior. The FCVFPs will be channeling stormwater thru the sites to the wetland. As such, a matrix of FAC, FACU, and FACW species are proposed to vegetate what may be a complex water regime. Fencing: A fence will be installed at the southern reduced buffer boundary of the wetland and stream. City of Federal Way wetland buffer boundary will be attached on every third post. No further activity will occur within the fenced area once enhancement planting is complete. The existing wetland in the interior of the site has been degraded by prior filling and clearing of vegetation. Potential impacts to habitat from the development are: 1). Short-term construction disruption. This impact will be mitigated thru the placement of silt fence barriers in every area which may flow into the wetland and stream (see P&M development Site Civil Plans, erosion control Plan) and oversight by the project biologist during construction. The project biologist will observe and consult with construction crews during construction to ensure compliance with best management practices during the excavation of the buffer area. 2). Long-term impacts from development: a). Permanent loss of habitat area. There will be no functional loss of habitat area. The present wetland and buffer in the mitigation area is poor functional. Functional buffer area will increase as a result of installation of trees. b). Loss of habitat utility due to light and noise from the development and increased visitation by people. Lighting of the developed area will increase “spillover” of light to the mitigated buffer and wetland. All lighting will be directed away from the mitigation area. A boundary planting of shrubs will be placed within the retained buffer to provide light and auditory shading. The boundary fence will be a 2-post cedar fence to inhibit intrusion by people. MITIGATION FUNCTIONAL COMPARISON ENVIRONMENTAL FUNCTION EXISTING PROPOSED Hydrological Support Function Low Moderate Stormwater Storage Function High High Floodwater Storage Function High High Water Quality Function Moderate High Groundwater Recharge Function Moderate Moderate Natural Biological Functions Moderate High Education and Recreational Opportunities Low Low 5 P&M FedWay Mitigation Plan REV. 1 Threatened & Endangered Specie Moderate High (after Adamus et al. 1987: Reppert et al. 1979) DESCRIPTION OF THE MITIGATION PROGRAM 1. As mitigation for the unavoidable impact to 9,500 sq. ft. of City of Federal Way regulated Category 2 Wetland and 7,330 sq. ft. of Type F Stream buffers (overlapping) at the north boundary of the project site, the retained buffer of 8,472 sq. ft. will be restored with native trees and shrubs (Stream Buffer and Wetland Buffer Maps, attached). The Flow Control BMP Vegetated Flow Paths (FCVFP) of 8,765 sq. ft. will be enhanced with native shrubs (Storm Water Narrative 9-15-21 with TIR Attached, attached). The upland area to be enhanced is prese ntly dominated by reed canarygrass. The FCVFP areas to be enhanced will be cleared of exotic species and planted with native shrubs around existing vegetation. Supportive hydrology will continue to be provided by the existing stream corridor. Additional hydrology will be supplied by storm drains to the FCVFP areas. FCVFP areas will be hydroseeded with wetland buffer emergents. 2. Temporary and long-term erosion control measures will be implemented (see Storm Water Narrative 9-15-21 with TIR Attached, attached). These measures include silt fencing during site preparation and buffer enhancement, retention of all possible existing vegetation and planting of new vegetation. 3. All onsite activities will be monitored by the project biologist. Following the completion of onsite planting activities, a "record-drawing" plan will be prepared and submitted to City of Federal Way. A five-year monitoring program will be undertaken to assure the success of the buffer enhancement program. A series of financial guarantees will also be implemented to assure that the proposed work is completed and is successful. 4. The outer boundaries of the established buffer tract would be marked with standard City of Federal Way buffer boundary signs. The buffer boundaries will be fenced to limit human intrusions between the upland boundary of the remaining buffer and the developed portion of the site. In addition, the project team will remove the trash, debris, and invasive shrubs within the retained wetland and buffer areas. 5. Wetland, stream and buffer vegetation cleared or otherwise damaged during the installation of the mitigation plan shall be revegetated with appropriate native plants installed at an appropriate density to restore the damaged condition. These plants shall be subject to the same performance standards indicated in the mitigation plan. GOAL AND OBJECTIVE OF THE MITIGATION PLAN 6 P&M FedWay Mitigation Plan REV. 1 The GOAL of the Mitigation Plan is to fully compensate for the unavoidable adverse impact to regulated buffer areas. Upon the completion of this mitigation plan there will be no net loss of wetland acreage, functions, or values; and an increase in the potential for the buffer to protect aquatic habitats. To achieve the defined GOAL, the following OBJECTIVES and PERFORMANCE CRITERIA have been established to apply to the compensatory mitigation wetland area.: Objective A. The retained & enhanced buffer area will total 8,472 sq. ft. and be located directly north of the houses. The enhanced buffer will be hydrologically connected to the adjacent City of Federal Way Category II wetland and Type F Stream. The enhanced buffer area will exhibit a scrub/shrub vegetation class within five years following initial planting. Performance Criterion #A1: As defined by plant counts 100% of the shrubs installed as a part of the initial planting phase will be alive at the end of the first growing season. Performance Criterion #A2: As defined by plant counts 80% of the shrubs installed as a part of the initial planting phase will be alive at the end of the fifth growing season. Performance Criterion #A3: As defined by aerial cover, invasives will cover less than 10% of the planting area in any one year. Objective B. The Flow Control BMP Vegetated Flow Paths (FCVFP) of 8,765 sq. ft. will be located adjacent to the houses. The FCVFP will be hydrologica lly connected to the City of Federal Way Category II wetland and Type F Stream. The enhanced FCVFP areas will exhibit a shrub vegetation class within five years following initial planting. Performance Criterion #B1: As defined by plant counts 100% of the shrubs installed as a part of the initial planting phase will be alive at the end of the first growing season. Performance Criterion #B2: As defined by plant counts 80% of the shrubs installed as a part of the initial planting phase will be alive at the end of the fifth growing season. Performance Criterion #B3: As defined by aerial cover, invasives will cover less than 10% of the planting area in any one year. SELECTED PLANT COMMUNITIES 7 P&M FedWay Mitigation Plan REV. 1 The plant communities and plants selected for the created wetland and buffer areas will be obtained as nursery stock. These selected species are native and commonly occur in the local area. The plant species prescribed are selected to increase plant diversity, match present onsite communities, increase wildlife hab itats, and enhance the aquatic environment. Plantings will be located as depicted on the attached P&M Development Mitigation Plan drawing. The overlapping areas of the Mitigation Enhancement Area and the FCVFPs will be planted as Mitigation Enhancement Area. MITIGATION ENHANCEMENT PLANTING AREA: RETAINED BUFFER – 8,472 sq. ft. @ 0.012/sq. ft. = 102 trees COMMON NAME SCIENTIFIC NAME LOCATION PROPOSED SPACING (oc) PROPOSED SIZE INDICATOR STATUS 15 Western red cedar (THP) Thuja plicata Buffer 9 ft 4 ft height minimum FAC 15 Sitka spruce (PIS) Picea sitchensis Buffer 9 ft 4 ft height minimum FAC 15 Oregon ash (FRL) Fraxinus latifolia Buffer 9 ft 4 ft height minimum FACW 15 Western Paper Birch(BEP) Betula papyrifera Buffer 9 ft 4 ft height minimum FAC 15 Scouler willow(SAC) Salix scouleriana Buffer 9 ft 4 ft height minimum FAC 15 Cascara (RAP) Rhamnus purshiana Buffer 9 ft 4 ft height minimum FAC 15 Western (black) Hawthorne (CRD) Crataegus douglasii Buffer 9 ft 4 ft height minimum FAC 8,472 sq. ft. @ 0.028/sq. ft. = 237 shrubs COMMON NAME SCIENTIFIC NAME LOCATION PROPOSED SPACING (oc) PROPOSED SIZE INDICATOR STATUS 22 Western crabapple (PYF) Pyrus fusca Buffer 6 ft 2 gal FACW 22 Vine maple (ACC) Acer circinatum Buffer 6 ft 2 gal FACU 22 Wild rose (ROG) Rosa gymnocarpa Buffer 6 ft 2 gal FACU 22 Black twinberry (LOI) Lonicera involucrata Buffer 6 ft 2 gal FAC+ 22 Pacific ninebark (PHC) Physocarpus capitatus Buffer 6 ft 2 gal FACW- 22 Hazelnut (COC) Corylus cornuta Buffer 6 ft 2 gal FACU 8 P&M FedWay Mitigation Plan REV. 1 22 Red-osier dogwood(COS) Cornus stolonifera Buffer 6 ft 2 gal FACW 22 Wild Gooseberry(RID) Ribes divaricatum Buffer 6 ft 2 gal FAC 22 Nootka Rose(RON) Rose nutkana Buffer 6 ft 2 gal FAC 22 Stink currant(RIB) Ribes bracteosum Buffer 6 ft 2 gal FAC 22 Thimbleberry(RUP) Rubus parviflorus Buffer 6 ft 2 gal FAC- FCVFP 1 PLANTING AREA: – 1,500 sq. ft. @ 0.028/sq. ft. = 42 shrubs COMMON NAME SCIENTIFIC NAME LOCATION PROPOSED SPACING (oc) PROPOSED SIZE INDICATOR STATUS 7 Western crabapple (PYF) Pyrus fusca FCVFP 6 ft 2 gal FACW 7 Vine maple (ACC) Acer circinatum FCVFP 6 ft 2 gal FACU 7 Wild rose (ROG) Rosa gymnocarpa FCVFP 6 ft 2 gal FACU 7 Black twinberry (LOI) Lonicera involucrata FCVFP 6 ft 2 gal FAC+ 7 Pacific ninebark (PHC) Physocarpus capitatus FCVFP 6 ft 2 gal FACW- 7 Hazelnut (COC) Corylus cornuta FCVFP 6 ft 2 gal FACU FCVFP 2 PLANTING AREA: – 5,750 sq. ft. @ 0.028/sq. ft. = 161 shrubs COMMON NAME SCIENTIFIC NAME LOCATION PROPOSED SPACING (oc) PROPOSED SIZE INDICATOR STATUS 15 Western crabapple (PYF) Pyrus fusca FCVFP 6 ft 2 gal FACW 15 Vine maple (ACC) Acer circinatum FCVFP 6 ft 2 gal FACU 15 Wild rose (ROG) Rosa gymnocarpa FCVFP 6 ft 2 gal FACU 15 Black twinberry (LOI) Lonicera involucrata FCVFP 6 ft 2 gal FAC+ 9 P&M FedWay Mitigation Plan REV. 1 15 Pacific ninebark (PHC) Physocarpus capitatus FCVFP 6 ft 2 gal FACW- 15 Hazelnut (COC) Corylus cornuta FCVFP 6 ft 2 gal FACU 15 Red-osier dogwood(COS) Cornus stolonifera FCVFP 6 ft 2 gal FACW 15 Wild Gooseberry(RID) Ribes divaricatum FCVFP 6 ft 2 gal FAC 15 Nootka Rose(RON) Rose nutkana FCVFP 6 ft 2 gal FAC 15 Stink currant(RIB) Ribes bracteosum FCVFP 6 ft 2 gal FAC 15 Thimbleberry(RUP) Rubus parviflorus FCVFP 6 ft 2 gal FAC- FCVFP 3 PLANTING AREA: – 1,515 sq. ft. @ 0.028/sq. ft. = 42 shrubs COMMON NAME SCIENTIFIC NAME LOCATION PROPOSED SPACING (oc) PROPOSED SIZE INDICATOR STATUS 6 Western crabapple (PYF) Pyrus fusca Buffer 6 ft 2 gal FACW 6 Vine maple (ACC) Acer circinatum Buffer 6 ft 2 gal FACU 6 Wild rose (ROG) Rosa gymnocarpa Buffer 6 ft 2 gal FACU 6 Black twinberry (LOI) Lonicera involucrata Buffer 6 ft 2 gal FAC+ 6 Hazelnut (COC) Corylus cornuta Buffer 6 ft 2 gal FACU 6 Red-osier dogwood(COS) Cornus stolonifera Buffer 6 ft 2 gal FACW 6 Thimbleberry(RUP) Rubus parviflorus Buffer 6 ft 2 gal FAC- ENHANCEMENT PLANTING GUIDELINES 1. Trees 9’ O.C., or 0.012 per square foot of area; (this assumes 2 -5 gal. size) — such trees are to be at least 50% conifers; 2. Plus shrubs 6’ O.C., or 0.028 per square foot (this assumes 1 -2 gal. size); CONSTRUCTION INSPECTION Essential to the success of the compensatory mitigation program is the accurate inspection of onsite activities immediately prior to and during the wetland creation and 10 P&M FedWay Mitigation Plan REV. 1 planting phases. These activities include pre-construction site inspection, onsite inspection and technical direction during wetland creation and planting activities, and post-creation/planting site inspection and evaluation. The pre-creation site inspection allows the project proponent and the project biologis t to evaluate and, if necessary, adjust the onsite construction steps. These steps include analysis of project site elevation features, project sequencing and timing, final grade analysis, unforeseen required minor modifications to the original establishm ent plan, and the establishment of environmental protections (silt fences, etc.) required during construction. Interaction with City of Federal Way wetland staff is also an essential element during pre-construction site inspections and discussions. Onsite technical inspection during construction and planting activities will be implemented by the project biologist. The project biologist will perform oversight and address minor unforeseen difficulties to assure that the intent of the wetland mitigation plan is met. The project biologist shall also be responsible for ensuring that the species and sizes of native plants selected are utilized during initial planting. If selected native species become unavailable, the project biologist will consult with C ity of Federal Way wetland staff for substitute plant species to ensure that the intent of the wetland mitigation plan is met. Post-creation site inspection/evaluation will include the preparation of a "record drawing” which will be submitted to City of Federal Way wetland staff. VEGETATION MAINTENANCE PLAN Maintenance of the created wetland and buffer plant communities may be required to assure the long-term health and welfare of the wetland's and buffer's environmental functions. The overall objective is to establish undisturbed plant communities that do not require maintenance. The reduced wetland buffer will require irrigation for the monitoring period. Irrigation will be supplied June 1 thru September 1 at a rate of 1 inch per wee k. Activities will include, but are not limited to, the removal of invasive non -native vegetation and the additional irrigation of selected areas. Established maintenance activities include the removal of any trash within the buffer. MITIGATION CONSTRUCTION SCHEDULE PROJECT TASK TASK SCHEDULE (On or before) Onsite pre-creation meeting September, 2021 Placement of protective fencing, final marking, and identification of work area. September, 2021 Planting of enhancement wetland & buffer November, 2021 11 P&M FedWay Mitigation Plan REV. 1 Record-drawings report to City December,2021 PROJECT MONITORING Following the successful completion of the proposed compensatory mitigation plan a five- year monitoring and evaluation program will be undertaken. The purpose of this program is to assure the success of the selected mitigation as measured by an established set of performance criteria (see above). This monitoring will also provide valuable information on the effectiveness of mitigation procedures. STANDARDS OF SUCCESS Vegetation Sampling Methodology and Monitoring Schedule Onsite monitoring will count and clearly identify each tree and shrub installed during the initial planting phase. Such monitoring will also include any subsequent planting required to meet the performance criteria. These defined performance criteria will be ap plied at the time of monitoring. All installed trees and shrubs will be visually evaluated to determine the rate of survivorship, health, and vigor of each plant. Vegetation Monitoring 1. Upon the completion of initial planting and as a part of each monitoring period the project biologist will count the number of live plants which were planted within the wetland and buffer areas. Plants will be identified to species and observations of general plant condition (i.e., plant health, amount of new growth ) are to be recorded for each plant. 2. The project biologist will count the number of undesirable invasive plants and estimate the aerial coverage (as if the observer were looking straight down from above) of these invasive plants. Undesirable plants include blackberries, Scot’s broom, tansy ragwort, and other such plants listed in the Washington State Noxious Weed List. 3. The project biologist will count the number of desirable "volunteer" plants and estimate the aerial coverage of these plants within the mitigation area. 4. The project biologist will take photographs that show the entire mitigation area. During the five-year monitoring period photos will be taken in the same direction and at the same location to provide a series of photos. These pho tos will show plant growth, plant species, and plant coverage. 5. Upon the completion of the initial project planting and upon the completion of each monitoring period the project biologist will prepare a report defining methods, 12 P&M FedWay Mitigation Plan REV. 1 observations, and results along with the date the observations were completed. Each report will be sent to the City of Federal Way Planning Dept.. 6. The monitoring schedule is defined as: A. At the completion of initial project planting. This report will include a “record drawing” defining the species used, locations, and general site conditions. This report will also include a “lessons learned” section to assist in future monitoring and final project assessment. This “record drawing” and report will be provided to the City within two weeks after the completion of onsite planting. B. Once per year for five years following the completion of initial onsite planting. Onsite monitoring will be completed once near the end of the growing season (late September). For each onsite monitoring activity, a report will be prepared and provided to the city within two weeks after the completion of onsite monitoring. The last monitoring report will include notification to the City biologist that the monitoring program has concluded and that City review and site inspection is required for project analysis and release of the financial guarantee. This final report will also inc lude a “lessons learned” section to assist and final project assessment and to potentially assist in the evaluation other mitigation projects. Vegetation Monitoring Sequencing IDENTIFIED TASK DATE OF COMPLETION (On or before) First growing season fall plant inspection September 30, 2022 First growing season fall report October 15, 2022 Second growing season fall plant inspection September 30, 2023 Second growing season fall report October 15, 2023 Third growing season fall plant inspection September 30, 2024 Third growing season fall report October 15, 2024 Fourth growing season fall plant inspection September 30, 2025 Fourth growing season fall report October 15, 2025 Fifth growing season fall plant inspection September 30, 2026 Fifth growing season fall report October 15, 2026 WILDLIFE OBSERVATIONS Observations of wildlife will coincide with the onsite activities undertaken as part of the Vegetation Monitoring Program. The onsite team will document the extent of bird species 13 P&M FedWay Mitigation Plan REV. 1 abundance, site utilization, nesting and feeding activities, and species diversity. In addition, documentation of terrestrial and aquatic reptiles, amphibians, and mammals observable without trapping will also be documented. Wildlife observat ions will be documented within the Vegetation Monitoring Reports noted above. REMOVAL OF INVASIVE NON-NATIVE VEGETATION As a contingency, should the removal of invasive non-native vegetation become necessary, the project proponent will contact City of Federal Way wetland staff to establish and define specific actions to be taken. Resultant contingency plan activities will be implemented when the ongoing vegetation monitoring program indicates that plants listed in the Washington State Noxious Weed List and Scot's broom are becoming dominant in the community (greater than 20%). Following initial planting of the wetland and buffer areas the project team will undertake an invasive vegetation control program through the five-year monitoring program. This control program will focus on biannual hand-removal of re-sprouting invasive shrubs and will not adversely impact the desirable plants within the wetland and buffer. SALVAGE AND REUSE OF WOODY MATERIAL Woody material salvaged from trees cleared for construction of the new home will be salvaged and installed as large woody debris in the retained wetland and the wetland mitigation planting areas. No woody material will be imported to the site. Vegetation Control Program Schedule TASK TO BE COMPLETED ON OR ABOUT First growing season fall removal September 15, 2022 Second growing season fall removal September 15, 2023 Third growing season fall removal September 15, 2024 Fourth growing season spring removal September 15, 2025 Fifth growing season fall removal September 15, 2026 COVERAGE FOR EXPOSED BUFFER AREA Coverage for all exposed surfaces within the mitigation area will be completed within two weeks following the completion of onsite grading. Coverage will be by hydroseeding wetland buffer mix. CONTINGENCY PLAN As a contingency, should the proposed compensatory plan fail to meet the performance criteria the project proponent will undertake required remedial actions. Where plant 14 P&M FedWay Mitigation Plan REV. 1 survival is the failing component the project proponent will replant and ensure the success of this second planting which would be held to the same standard of success as measured by threshold criteria and monitoring processes. Should additional remedial actions be required, the project proponent will meet with City of Federal Way environmental staff to establish and define actions to be taken to meet the desired goal of this program. PLANTING NOTES All plant materials shall be native to the southern Puget Sound Region. The project biologist shall inspect plant materials to ensure the appropriate plant schedule and plant characteristics are met. The project proponent shall warrant that all plants will remain alive and healthy for a period of one year following completion of planting activities. The project proponent shall replace all dead and unhealthy plants with plants of the same specifications. 15 P&M FedWay Mitigation Plan REV. 1 REFERENCE LIST Adamus, P.R., E.J. Clairain Jr., R.D. Smith, and R.E. Young. 1987. Wetland Evaluation Technique (WET); Volume II: Methodology, Operational Draft Technical Report Y -87, U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Office of Biological Services, U.S. Fish and Wildlife Service, U.S. Department of the Interior, FWS/OBS-79/31. Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, US army Engineer Waterways Experiment Station, Vicksburg, Miss. Hitchcock, C.L., A. Cronquist. 1977. Flora of the Pacific Northwest. University of Washington Press. Seattle, Washington. Reppert, R.T., W. Sigleo, E. Stakhiv, L. Messman, and C. Meyers. 1979. Wetland Values - Concepts and Methods for Wetland Evaluation. Research Report 79 -R1, U.S. Army Corps of Engineers, Institute for Water Resources, Fort Belvoir, Virginia. U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-3. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Department of Agriculture, Soils Conservation Service. Soils Survey of King County Area Washington, February 1979. Washington State Department of Ecology. 1997. Washington State Wetlands Identification and Delineation Manual. Publication Number 96-94. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 September 15, 2021 Ms. Chaney Skadsen City of Federal Way Community Development 33325 8th Avenue South Federal Way, Washington 98003 RE: Henry Reasonable Use (Burden of Proof) Process III, 20-105405-UP, 21-100016-UP, 21-100017-UP Dear Ms. Skadsen: In meeting the decisional criteria in FWRC.65.100(2), please find convincing evidence provided in this letter that shows the provisions of the code requirements for reasonable use within the wetland buffer and stream buffer have been met. Each lot is zoned RS 15.0 and FWRC 19.145.090 (3) items a. through e. are met for each proposed single family residence as follows: FWRC 19.145.090 (3) a. The applications of the provisions of this chapter eliminates all reasonable use of the subject property. • 20-105405-UP: Lot 9043 shown on the attached wetland buffer and stream buffer intrusion map is encumbered as follows by critical areas: 9043 Lot Size: 36,744 SF SFR Bldg Footprint: 1,486 SF Wetland: 5,320 SF Wetland Buffer: 26,122 SF WB Intrusion: 3,350 SF (12.8% buffer reduction) Stream Buffer: 36,744 SF SB Intrusion: 3,350 SF (9.1% buffer reduction) The stream buffer encumbers the entire lot. A wetland and its 150-ft buffer encumber all but 5,302 SF in the southwest corner of the lot that is only accessible by crossing the stream. Previous single-family use of the lot cleared areas of the site accessible with an existing gravel road where a proposed new single-family home with a 1486 SF footprint is proposed. • 21-100016-UP: Lot 9069 as shown on the attached wetland buffer and stream buffer intrusion maps is encumbered as follows: 9069 Lot Size: 18,000 SF P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 SFR Bldg Footprint: 1,563 SF Wetland: 5,450 SF Wetland Buffer: 12,550 SF WB Intrusion: 3,250 SF (25.8% buffer reduction) Stream Buffer: 11,830 SF SB Intrusion: 1,080 SF (9.1 % buffer reduction) The wetland and its 150-ft buffer encumber the entire lot. All but 6,170 SF in the southeast corner of the lot is encumbered by the stream buffer. The proposed single family pushes up against setback limitations in the southeast corner with required building setbacks and a minimum 5-ft setback from buffer enhancements proposed to manage stormwater runoff. Intrusion for the proposed single-family use with a building footprint of 1563 SF will be split between the area of the lot only encumbered by the wetland buffer with the area encumbered by both wetland and stream buffers. • 21-100017-UP: Lot 9087 as shown on the attached wetland intrusion maps is encumbered as follows: 9087 Lot Size: 22,082 SF SFR Bldg Footprint: 1,300 SF Wetland: 9,310 SF Wetland Buffer: 12,772 SF WB Intrusion: 2,900 SF (22.7% buffer reduction) Stream Buffer 22,030 SF SB Intrusion: 2900 SF (13.1% buffer reduction) This lot is fully encumbered by wetland and wetland buffers. It is also fully encumbered by the stream buffer except for 52 SF in the southeast corner. The proposed single- family footprint on this lot of 1300 SF will intrude into both wetland and stream buffers. Please find for each lot there is no alternative practical buildable area due to the location of the critical areas, critical area buffers, and setbacks as evidenced above and shown on the stream buffer and wetland buffer maps that are attached. As evidenced by this the provisions of Chapter 19.145 eliminate all reasonable use of the subject properties. ✓ FWRC 19.145.090 (3) a. applies to all three lots. FWRC 19.145.090 (3) b. No feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site layout and or reduction of impervious uses. ALL LOTS As outlined above, all lots are fully encumbered by critical areas and the buffers of those critical areas. Each proposed single family house is average size or smaller. The footprints of less than 1600 SF each and push up against the minimum required setbacks to minimize intrusion and create maximum separation from the wetland and the stream. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 Please also recognize the existing gravel road identified as SW 333rd Place on King County Plat Maps in the King County Archives/Records Annex, as pictured below. The existing roadway extends through the south boundary of lot 9087 and lot 9069 onto lot 9043 as shown below in the 2019 topological survey pictured below and is proposed to be paved with the project to meet minimum site access requirements. The existing roadway of SW 333rd Place is considered an existing impervious surface and meets the provisions in the code FWRC 19.145.440(4) and FWRC 19.145.270(4) as Permanently Altered Buffer. A street modification request under Federal Way application 20-101257-SM was approved May 19, 2020 to reduce the pavement width of the existing road and will slightly reduce the intrusion of this road into the stream and wetland buffers. Due to the location of the roadway and minimum required setbacks relevant to the previously described buffer areas, the proposed project meets this item in the Reasonable Use Provisions P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 ✓ FWRC 19.145.90 (3) b. applies since no feasible and reasonable on-site alternatives to the proposal are possible, such as changes to site layout and or reduction of impervious uses. FWRC 19.145.090 (3) c. It is solely the implementation of this chapter, and not other factors that preclude all reasonable use of the subject property. Please find the proposed project has either met or has been identified the ability to meet all the following OTHER permit requirements which will facilitate the proposed single- family construction on each lot: • Utilities – Each lot will have access to public water and sewer with the proposed project. The Lakehaven Sewer District has identified a path forward for permitting public sewer to all three lots and a proposed sewer crossing the creek is shown on the plans. Tacoma Water has identified an existing water service and ability to provide water service to all three lots. Power exists on the site and the existing power pole is shown on the plans. • SEPA - The sewer crossing of the creek on lot 9043 requires a SEPA. This was addressed by SEPA application 21-100014-SE. A Determination of Non-significance was issued for the project on July 16, 2021. • HPA permit– The sewer crossing requires a Hydraulic Project Approval permit from the Washington Department of Fish and Wildlife. The HPA permit was approved on July 29, 2021 under permit number 2021-4—518-01. • Public Works – Proposed road improvements and the stormwater management plan have been approved through the reasonable use process and submitted for engineering permits under Federal Way permit application 21-103216-PW. • Traffic – Certificates of Concurrency were approved and issued for each lot on February 4, 2021 as follows; 21-100029-CN (lot 9043), 21-100030-CN (lot 9087), and 21-100031 (lot 9069). In addition, the previously mentioned street modification requested to reduce pavement widths was approved und application 20-101257-SM in May of 2020. • Fire – Fire has approved the project with the condition that each new single-family residence include fire sprinklers due to limited access. Fire sprinkler plans will be submitted to meet these fire sprinkler requirements. • Building – Once Reasonable Use has been determined through the Process III application, the single-family building codes will be met for each proposed house. This shows that all other permits are viable for the construction of a single family home on each lot and it is solely the implementation of Chapter 19.145, and not other factors that preclude all reasonable use of the subject property. ✓ FWRC 19.145.90 (3) c. applies to all three lots. FWRC 19.145.090 (3) d. The applicant has in no way created or exacerbated the condition that forms the limitation on the use of the subject property, nor in anyway contributed to such limitation. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 Attached is the Notice of Violation provided to the previous owners by Federal Way Code Compliance Officer, Angie Villalovos, in March of 2019. Please find the issues identified in the violation notice as evidence of the condition of the site when the current owners purchased the property. Also attached is an email dated April 19, 2019, from the Code Compliance Officer with photographic evidence that the current owners cleaned up the site. The pictures not only show the cleanup effort but also show the buffer areas where each home construction that is proposed had been previously cleared with previous uses. The areas on each lot where each house is proposed were deplete of any vegetation and the vegetation that is there now is what has since grown in during this land use process. In addition, as written in the project narrative dated December 1, 2019, submitted with the application process, the applicant upon taking ownership immediately consulted with Beaver Creek Environmental Services to identify the critical areas and performed a major clean-up effort to remove all the garbage, debris, and environmental hazards from the buffers and critical areas. Please find as proof that the applicant did no create or exacerbate the condition limiting the use or contribute to such limitation the attached preliminary Critical Areas Designation report prepared by Beaver Creek Environmental Services on May 18, 2019 upon the applicant taking ownership of the site. ✓ FWRC 19.145.090 (3) d. The applicant has in no way created or exacerbated the condition that forms the limitation on the use of the subject property, nor in anyway contributed to such limitation. Please also find that the project as proposed with the mitigation enhancement areas proposed improves the ecological function of the buffers and critical areas. FWRC 19.145.090 (3) e. The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. The site has a history of nefarious activities and criminal elements that were occurring on the property and neighboring sites as documented by City of Federal way police and explained to the applicant while working with the owner upon taking ownership. Please find that the proposed project provides each lot a purpose in providing safe and secure homes in support of a strong community. The proposed development will preserve and restore ecological functions, enhance the critical areas, and improve not only the site but the surrounding neighborhood with development compatible to neighboring properties. Please find the project as proposed in the submitted plans and reports support a strong and healthy residential community. ✓ FWRC 19.145.090 (3) e. has been met through the following documentation which has all been submitted during this process. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 • Completed Process III Submittal Requirements for Use Process III form • Project Narrative and Vicinity Map • Concurrency Application • Master Land Use Application • Plan Set – Survey, Topo, Tree Plan, Site Plan, Stormwater, Utilities, Road • Stormwater Report • Tree Unit Calculations • Sewer Availability – Lakehaven Sewer District • Water Availability – Tacoma Water District • Site Photos (E, W, N, S) • Wetlands and Drainage Corridors Evaluation & Delineation &, • Conceptual Mitigation Plan for Reasonable Use Exception • Final Mitigation Plan for Reasonable Use Exception • SEPA – environmental checklist • Title Report • Letter addressing technical review comments (3-31-21) • Variance request to reduce setback. • Letter to rescind variance request to reduce setback. • Letter addressing public comments. • Letter addressing technical review comments (7-19-21) • Stream and Wetland Buffer Maps • HPA Approved Permit Please find all the codes for the proposed reasonable use criteria have been met as supported by this letter and documentation provided in the Process III application process for your review and approval. Sincerely, Michelle Henry, PE Attached: Lot 9043 Stream Buffer and Wetland Buffer Intrusion Map Lot 9069 Stream Buffer and Wetland Buffer Intrusion Map Lot 9087 Stream Buffer and Wetland Buffer Intrusion Map Notice of Violation March 2019 Email dialog and documented photographs of site in April 2019 Preliminary Critical Areas Designation (5-18-2019) &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐ ^ĞŶƚ͗&ƌŝĚĂǇ͕Ɖƌŝůϭϵ͕ϮϬϭϵϰ͗ϭϬWD dŽ͗ΖWĂƚĂŶĚDŝĐŚĞůůĞ,ŽŵĞΖ ^ƵďũĞĐƚ͗Z͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ŝDŝĐŚĞůůĞ͕ /ǁĂƐŽƵƚƚŽǇŽƵƌƉƌŽƉĞƌƚŝĞƐƚŽĚĂǇ͘/ǁĂƐĂďůĞƚŽƚĂŬĞƉŚŽƚŽƐ͕ƚŚĞƐĞĂƌĞƚŚĞƉŚŽƚŽƐ/ǁŝůůƵƐĞƚŽĐůŽƐĞŽƵƚ ƚŚĞĐĂƐĞ͘ůů/ƐĞĞůĞĨƚĂƌĞƐŽŵĞϱŐĂůůŽŶƉĂŝŶƚďƵĐŬĞƚƐĂŶĚƚŚŝƐƉŝůĞŽĨůĂƌŐĞƐĐƌĂƉŵĞƚĂů͘/ƚƌƵƐƚƚŚĞƐĞ ŝƚĞŵƐǁŝůůďĞŐŽŶĞƐŽŽŶ͘/͛ůůďĞĐůŽƐŝŶŐŽƵƚƚŚĞǀŝŽůĂƚŝŽŶƐǁŝƚŚĐŽĚĞĐŽŵƉůŝĂŶĐĞŽŶĂůůƚŚƌĞĞƉĂƌĐĞůƐ͕ĂŶĚ ůĞƚǇŽƵǁŽƌŬǁŝƚŚǇŽƵƌtĞƚůĂŶĚŝŽůŽŐŝƐƚĂŶĚƚŚĞŝƚǇ͛ƐWůĂŶŶŝŶŐĞƉĂƌƚŵĞŶƚĂƐĨĂƌĂƐďƵŝůĚŝŶŐŐŽĞƐ͘/Ĩ ǇŽƵĞǀĞƌŶĞĞĚƚŽƐƉĞĂŬƚŽƚŚĞWůĂŶŶĞƌŽŶƵƚǇŚĞƌĞĂƚƚŚĞŝƚǇĨŽƌƋƵĞƐƚŝŽŶƐ͕ƚŚĞŝƌŶƵŵďĞƌŝƐϮϱϯͲϴϯϱͲ Ϯϲϱϱ͘&ŽƌƋƵĞƐƚŝŽŶƐƌĞŐĂƌĚŝŶŐWĞƌŵŝƚƐ͕ƚŚĞŶƵŵďĞƌŝƐ ϮϱϯͲϴϯϱͲϮϲϬϳ͘ &ĞĞůĨƌĞĞƚŽĐŽŶƚĂĐƚŵĞƐŚŽƵůĚǇŽƵŚĂǀĞĂŶǇŽƚŚĞƌĨƵƌƚŚĞƌƋƵĞƐƚŝŽŶƐ͘ dŚĂŶŬǇŽƵDŝĐŚĞůůĞ͘ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ ŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵ )URP3DWDQG0LFKHOOH+RPH>PDLOWRSDWDQGPLFK#PVQFRP@ 6HQW7KXUVGD\$SULO30 7R$QJLH9LOODORYRV 6XEMHFW5HUG$YH6: ,QWHUHVWLQJQHLJKERUVVDLGLWDOOFDPHRXWRIWKRVHWZRKRXVHV *HW2XWORRNIRU$QGURLG &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐфŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵх ^ĞŶƚ͗dŚƵƌƐĚĂǇ͕Ɖƌŝůϭϴ͕ϮϬϭϵϯ͗ϰϳ͗ϯϮWD dŽ͗ΖWĂƚĂŶĚDŝĐŚĞůůĞ,ŽŵĞΖ ^ƵďũĞĐƚ͗Z͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ŝ͕ dŚĂŶŬƐDŝĐŚĞůůĞ͕/͛ůůƚĂŬĞĂĚƌŝǀĞŽƵƚƚŽŵŽƌƌŽǁƚŽĚŽĂĨŽůůŽǁͲƵƉƐŝƚĞŝŶƐƉĞĐƚŝŽŶŽĨƚŚĞƉƌŽƉĞƌƚŝĞƐ͘ /ĚŝĚƐƉĞĂŬǁŝƚŚdŽŶǇĂŶĚĂĚǀŝƐĞĚŚŝŵƚŚĂƚƚŚĞŶĞǆƚƐƚĞƉŝƐƚŚĞŝƐƐƵĂŶĐĞŽĨĂĨŝŶĞ͘,ĞƐĂǇƐƚŚĂƚƚŚĂƚƐƉŽƚ ŝƐĂĐŽŵŵŽŶĚƵŵƉŝŶŐŐƌŽƵŶĚƐĨŽƌĂŶǇŽŶĞƚŽĚƌŝǀĞƚŚƌŽƵŐŚ͕ĚƵŵƉ͕ĂŶĚŬĞĞƉŐŽŝŶŐ͘ŶĚŚĞŝƐĐŽƌƌĞĐƚ͘ &ŽƌǀŝĐƚŝŵƐŽĨĚƵŵƉŝŶŐůŝŬĞƚŚĂƚǁĞĚŽŚĂǀĞĂƌĞƐŽƵƌĐĞƚŚƌŽƵŐŚ<ŝŶŐŽƵŶƚǇƚŽŽĨĨĞƌƉĞŽƉůĞĨƌĞĞĚƵŵƉ ǀŽƵĐŚĞƌƐ͕ŽĨĐŽƵƌƐĞƚŚĂƚůĞĂǀĞƐƚŚĞŝŶĚŝǀŝĚƵĂůǁŝƚŚƚŚĞƌĞƐƉŽŶƐŝďŝůŝƚǇŽĨŚĂǀŝŶŐĂƚƌƵĐŬĂŶĚŚĂƵůŝŶŐŝƚ ƚŚĞƌĞƚŽƚŚĞĚƵŵƉ͘dŽŶǇĚĞĐůŝŶĞĚƚŚĞĨƌĞĞĚƵŵƉǀŽƵĐŚĞƌĂŶĚĂƐƐƵƌĞĚŵĞŚĞǁŽƵůĚďĞƉŝĐŬŝŶŐƵƉƚŚĂƚ ĨƵƌŶŝƚƵƌĞƚŚŝƐǁĞĞŬĞŶĚĂŶĚŚŝƌŝŶŐĂĐƌĞǁƚŽĐůĞĂŶƵƉ͕ŚĞŝƐƐƵƉƉŽƐĞĚƚŽůĞƚŵĞŬŶŽǁǁŚŽŚĞŚŝƌĞĚĂŶĚ ǁŚĞŶĐůĞĂŶƵƉŝƐƐĐŚĞĚƵůĞĚĨŽƌ͘ /ƌĞĂůůǇĂƉƉƌĞĐŝĂƚĞǇŽƵƌŚĂƌĚǁŽƌŬŝŶĐůĞĂŶŝŶŐƵƉƚŚŝƐůĂŶĚ͘ dŚĂŶŬƐ͕ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ ŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵ )URP3DWDQG0LFKHOOH+RPH>PDLOWRSDWDQGPLFK#PVQFRP@ 6HQW7KXUVGD\$SULO30 7R$QJLH9LOODORYRV 6XEMHFW5HUG$YH6: +L$QJLH-XVWDTXLFNQRWHWROHW\RXNQRZRXUWKUHHSDUFHOVKDYHEHHQFOHDUHGDQGFOHDQHGXS 8QIRUWXQDWHO\7RQ\ZRXOGQ WZRUNZLWKXVWRFOHDQXSKLVPHVVDQGVWLOOKDVWUDVKHYHU\ZKHUH 0LFKHOOH *HW2XWORRNIRU$QGURLG &ƌŽŵ͗ŶŐŝĞsŝůůĂůŽǀŽƐфŶŐŝĞ͘sŝůůĂůŽǀŽƐΛĐŝƚǇŽĨĨĞĚĞƌĂůǁĂǇ͘ĐŽŵх ^ĞŶƚ͗dŚƵƌƐĚĂǇ͕Ɖƌŝůϰ͕ϮϬϭϵϭ͗ϯϬ͗ϬϲWD dŽ͗ΖƉĂƚĂŶĚŵŝĐŚΛŵƐŶ͘ĐŽŵΖ ^ƵďũĞĐƚ͗ϯϯϯϬϱϰϯƌĚǀĞ^t ,ĞůůŽDŝĐŚĞůůĞ͕ ,ĞƌĞŝƐƚŚĞEŽƚŝĐĞŽĨsŝŽůĂƚŝŽŶtĂƌŶŝŶŐŽŶĂůůƚŚƌĞĞƉĂƌĐĞůƐ͘ WƌŽƉĞƌƚǇŽǁŶĞƌĨŽƌϯϯϯϬϯϰϯƌĚ ǀĞ^tĂŶĚϰϯϬϲ^tϯϯϯƌĚ ^ƚŝƐŽǁŶĞĚďǇdŽŶǇ:ƵϮϬϲͲϳϴϴͲϳϳϭϭ͘ tŚĞŶǇŽƵĂƌĞƌĞĂĚǇĨŽƌŵĞƚŽĐŽŵĞŽƵƚƚŽƚĂŬĞƉŚŽƚŽƐůĞƚŵĞŬŶŽǁ͕ǇŽƵĚŽŶŽƚŶĞĞĚƚŽďĞƉƌĞƐĞŶƚŽŶ ƚŚĞƉƌŽƉĞƌƚǇĨŽƌŵĞƚŽĚŽƚŚĂƚ͘ dŚĂŶŬǇŽƵĨŽƌĐŽŶƚĂĐƚŝŶŐŵĞ͊ ŶŐŝĞsŝůůĂůŽǀŽƐ ͮŽĚĞŽŵƉůŝĂŶĐĞKĨĨŝĐĞƌ ϯϯϯϮϱϴƚŚ ǀĞ^ŽƵƚŚ ͮ&ĞĚĞƌĂůtĂǇ͕tϵϴϬϬϯ Ϯϱϯ͘ϴϯϱ͘Ϯϲϯϭ ŽƌϮϱϯ͘Ϯϳϴ͘ϲϰϰϭ ͮϮϱϯ͘ϴϯϱ͘ϮϲϬϵ P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 September 15, 2021 TECHNICAL MEMORANDUM – STORMWATER REQUIREMENTS To: Ms. Chaney Skadsen City of Federal Way From: Michelle Henry, PE RE: Stormwater Narrative Henry Reasonable Use, Process III Applications 20-105405-UP, 21-100016-UP, 21-100017-UP This is an executive summary of the stormwater Technical Information Report (TIR) and stormwater plan provided as basis for design with the proposed project seeking Reasonable Use for each single family lot through the above referenced Process III applications. This is to show the stormwater requirements have been met for the proposed intrusion into the stream buffer and into the wetland buffer. In general, the site is comprised of three residential lots zoned RS15.0 with a wetland to the north and a creek through the middle that divides the drainage area into two as shown in Figure 1.3 on page 11 of the stormwater TIR. The site’s topology is sloped such that all stormwater that falls on the site flows to the creek and then to the wetland or directly to the wetland with a natural discharge location on the north end shown in figure 1.28 on page 9 of the stormwater TIR. The stormwater TIR and plan meet the 2016 King County Surface Water Design Manual (KCSWDM) for runoff control and water quality treatment. A Level 1 downstream analysis was included in the stormwater report to show the proposed development would not adversely impact areas offsite downstream of the development. The project protects critical areas from stormwater runoff by enhancing areas within the buffers to to provide flow control, ensure water quality, and improve the buffers ecological function. The enhanced buffer areas provided in the stormwater report are for full dispersion per the KCSWDM best management practices (BMP) for flow control and water quality using naturally vegetated flow paths (NVFP) which are allowed within the buffers of critical areas per KCSWDM, Appendix C.2.1 p.31. These enhanced areas improve the buffer function to protect the stream and wetland, and support habitat. The following summary table from page 16 of the TIR identifies how each of the 9 core elements and special requirements in drainage design for meeting the KCSWDM stormwater requirements were addressed if applicable. Pages 16-19 in the stormwater TIR summarize these in more detail and subsequent chapters in the stormwater TIR go into further detail. P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 REQUIREMENTS: How being met if applicable: Core Reqmt #1: Discharge at the Natural Location No change to the natural discharge location. Core Reqmt #2: Offsite Analysis Level 1 offsite analysis completed (Section 3) Core Reqmt #3: Flow Control Full Dispersion (Section 4) Core Reqmt #4: Conveyance System Gravel channels and oversized drainpipes for roof downspouts for capacity exceeding the peak flow during a 100-year rainfall event. (Sizing analysis in Section 5) Core Reqmt #5: Erosion and Sediment Control ESC measures during construction and in final design. Core Reqmt #6: Maintenance and Operations Property owners will be responsible to maintain natural vegetated areas. Core Reqmt #7: Financial Guarantees and Liability Private Facilities/NVFP Area Covenant Core Reqmt #8: Water Quality Full Dispersion (Section 4) Core Reqmt #9: Flow Control BMPs NVFP -Full Dispersion (onsite), Sheet Flow Dispersion (offsite), Simple Detention Special Reqmt #1: Other Adopted Area-Specific Requirements Critical Areas: wetlands and stream to be protected. The project area lies within the South Lower Puget Sound Subbasin. Special Reqmt #2: Flood Hazard Area Delineation N/A – Not within the 100-yr flood plain. Special Reqmt #3: Flood Protection Facilities N/A – Not within an area of flooding. Special Reqmt #4: Source Control N/A - Single Family Special Reqmt #5: Oil Control N/A – Sindle Family The stormwater plan shows the project will retain approximately 64,062 SF of natural vegetation within the combined three lots of 76,826 SF, making up 83% of the overall project site. The remaining 17% will consist of the existing roadway, roofs, driveways, and lawn areas (TIR p.35). Below is a table from p.10 of the stormwater TIR that provides a breakdown of the stormwater surfaces shown within the project and shown on the stormwater plan which will require stormwater management. The stormwater design provides treatment of the existing impervious surfaces (SW 333RD Place) as well as new impervious surfaces (building and driveways), along with pollution generating pervious surfaces (grass lawns). The project plans provide construction details for each stormwater management BMP per the KCSWDM on plan sheet 7 of the project plan set. DESCRIPTION TYPE AREA (SF) METHOD/BMP Pavement (onsite, max 20-ft wide) PGIS 4939 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 Pavement (offsite, 10-ft wide strip) PGIS 1900 STRIP (SHEET FLOW) DISPERSION /BMP KCSDM C2.2 LOT -9043 - SFR Non-PGIS 1486 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 LOT -9087 - SFR Non-PGIS 1300 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 LOT -9069 - SFR Non-PGIS 1563 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 LOT -9043 -Lawn PGPS 1225 SIMPLE DETENTION POND/KCSWDM Chapter 5.1.7 LOT -9087- Lawn PGPS 1200 SIMPLE DETENTION POND/KCSWDM Chapter 5.1.7 LOT -9069 - Lawn PGPS 1300 SIMPLE DETENTION POND/KCSWDM Chapter 5.1.7 Note, because the buffer intrusion areas are exempt from including the existing roadway of 333rd Place per the FWRC 19. 145.440 (4) and FWRC 19.145.270 (4) Permanently altered buffers, the areas for impervious and pervious surfaces listed above are different than the areas of intrusion as defined by the clearing and grading limits for each lot. The stormwater plan provides details showing the direction and flow of surface discharges for control and treatment in the enhanced buffer regions recognized as an approved BMP for flow control and water quality. These areas are identified as NVFP on the site improvement plans. The applicant recognizes that all naturally vegetated flow paths proposed with the project will need to be constructed on all lots with the construction of the first lot to meet public works requirement for stormwater treatment of the improved existing roadway. Though the new paved surface replaces an existing impervious surface, replacement impervious is not exempt from stormwater treatment. Intrusion into Stream Buffers The stormwater plan and TIR compliments the Wetland and Drainage Corridors Evaluation & Delineation Report (Wetland Report) and the Final Mitigation Plan to provide buffer enhancements that meet the provisions of the Federal Way Revised Code 19.145.330 for intrusion into the stream buffers. FWRC 19.145.330 (2) Stream buffer intrusions may be permitted with a buffer enhancement plan. The applicant shall demonstrate that the remaining and enhanced reduced buffer will function at an equivalent or higher level than the standard buffer. The plan shall provide an P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 assessment of the following existing functions and conditions of the buffer and the effect of the proposed modification on those functions: (a)Habitat (b)Water quality (c)Stormwater retention capabilities (d)Groundwater recharge, and (e)Erosion protection The proposed stormwater design protects habitat with a proposed method for flow control and water quality that enhances the stream buffer to provide the same ecological benefit as enhanced areas outside of the stormwater flow paths. Habitat is addressed more fully within the project’s wetland report. The proposed project supports wildlife in critical areas and the critical area buffers. The proposed naturally vegetated flow paths that provide full dispersion of stormwater runoff improve the buffer function to provide both flow control and water quality per BMP provided in the KCSWDM, Appendix C.2.1 for full dispersion. The NVFP collects stormwater runoff from impervious surfaces and pollution generating pervious surfaces and slowly infiltrates the stormwater with some overland flow and naturally slows and filters the flow by using native vegetation, providing a natural pre-development discharge flow to critical areas. It also provides for long term erosion protection since soils will be stabilized with native vegetation to generate a sediment free discharge from the buffer regions to the stream. The prescriptive methods for this stormwater BMP, naturally vegetated flow paths, has been provided in the KCSWDM as a stormwater management method allowed within critical area buffers and meets all the provisions of FWRC 19.145.330 (2) as described above. FWRC 19.145.330 (3) applies to all three lots since naturally vegetated flow paths enhance the buffer function and; (a) will not adversely affect water quality, (b) will not adversely affect the existing quality of wildlife habitat within the stream or buffer area, (c) will not adversely affect drainage or stormwater retention capabilities, (d) will not lead to unstable earth conditions or create erosion hazards, (e) will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, and (f) is necessary for reasonable development of the subject property. The stormwater TIR evaluates this method of flow control and water quality in more detail in Chapter 4 starting on page 22 and includes an offsite analysis to show stormwater runoff from the proposed development will not generate any adverse impacts downstream. ✓The provisions of FWRC 19.145.330 (2) for instruction into stream buffers have been met. Development in Wetland Buffers The stormwater TIR and plan in combination with the Wetland and Drainage Corridors Evaluation & Delineation Report (Wetland Report) and the Final Mitigation Plan provide for buffer enhancements meeting the provisions of the Federal Way Revised Code 19.145.440 (6) Development in Wetland Buffers which states, ‘Buffers may be reduced up to 25% on a case by case basis if the project includes a buffer enhancement plan that clearly substantiates that the enhanced buffer will improve and provide additional protection of wetland functions and values.’ P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 There is a total of 51,444 SF of buffer area on all three lots which is contiguous to the wetland across all three lots on the northern portions of each project site. All proposed clearing and grading of 9,500 SF intruding into the wetland buffer represents a reduction in the buffer of 18.5% after the completion of all three lots. Below is a breakdown per lot of the enhance buffer areas for stormwater control. •20-105405-UP Lot 9043 Size:36,744 SF Wetland Buffer: 26,122 SF Stormwater NVFP in W-Bufr: 1,515 SF Stream Buffer:36,744 SF Stormwater NVFP in S-Bufr: 1,515 SF •21-100016-UP Lot 9069 Size:18,000 SF Wetland Buffer:12,550 SF Stormwater NVFP in W-Bufr: 6,160 SF Stream Buffer:11,830 SF Stormwater NVFP in S-Bufr: 4,365 SF •21-100017-UP 9087 Lot Size:22,082 SF Wetland Buffer:12,772 SF Stormwater NVFP in W-Bufr: 1,090 SF Stream Buffer:22,030 SF Stormwater NVFP in S-Bufr: 1,090 SF The stormwater BMP described here using naturally vegetated flow paths for full dispersion will be constructed on all lots with construction of the first lot to meet public works requirements for stormwater treatment of the existing roadways improved impervious surfaces. In general, 1,000 SF (10’ W x 100’ L) of naturally vegetated flow path provides for full dispersion of runoff from 1,400 SF of impervious, per the KCSWDM Section C.2.1.7 Table for Full Dispersion, page 38. The stormwater plan proposes a total of 8,750 SF of naturally vegetated flow paths within three separate enhanced buffer regions to improve the buffer function with stormwater flow control and water quality using this method to protect the buffers and wetland. Additional areas of enhancement are provided in the project Mitigation Plan of 8,472 SF overlaps with 1900 SF of the proposed stormwater NVFP in the buffers. This area is clearly identified on the Stream Buffer and Wetland Buffer Intrusion maps and has been deemed acceptable by the applicant’s consulting biologist since all enhancements perform the same purpose to improve buffer function and protect the ecology of the wetland and stream. In other words, the stormwater enhancements to the wetland buffer as proposed by the stormwater plan in combination with buffer enhancements proposed separately in the Mitigation Plan for both the buffer and wetland both improve not only the function of the wetland buffer but also the function of the wetland. All proposed buffer enhancements proposed in the stormwater plan and TIR meet the provisions of FWRC 19.145.440 (6) for Development within wetland buffers by improving water quality, improving the existing quality of the wetland and buffer for wildlife habitat, improving drainage and stormwater P & M Development, LLC – 35001 NE 147TH AVE, YACOLT, WA 98675 – (360) 263-4873 retention capabilities, controlling erosion with native vegetation to stabilize soils, and will bring value to the community and city. The proposed enhancement areas identified here that improve the buffer function for stormwater are in addition to the mitigation enhancement areas with some overlap as identified on the Stream Buffer and Wetland Buffer Maps that have been provided for each lot. Both the enhanced buffer for stormwater treatment and the additional enhanced buffer areas for mitigation serve the same purpose with dual function to protect critical areas and improve habitat. The proposed stormwater design in combination with the additional planting areas as proposed for mitigation meet all criteria within FWRC 19.145.440 Development within wetland buffers with buffer enhancements that will improve water quality, improves the quality of the wetland and wildlife habitat, control stormwater, provide stabilized soils for erosion control with natural vegetation, and will not be materially detrimental in any way. ✓The provisions of FWRC 19.145.440 Development within wetland Buffers (6) Buffer Reduction with enhancement have been met. Attached: Stormwater TIR TECHNICAL INFORMATION REPORT SURFACE WATER MANAGEMENT 9-2-2021 HENRY-MOORE REASONABLE USE SINGLE-FAMILY LOTS 9043, 9069, and 9087 Prepared for: City of Federal Way Community Development Project Folders: 20-104505-UP, 21-100016-UP, 21-100017-UP, 21-100014-SE, and 21-103216-SF Digitally signed by Michelle Henry Date: 2021.09.0 3 14:43:42 -07'00' Surface Water TIR Page 1 CONTENTS 1. PROJECT OVERVIEW .................................................................................................... 2 2. CONDITIONS AND REQUIREMENTS SUMMARY ........................................................ 14 3. OFFSITE ANALYSYST – LEVEL 1 ................................................................................. 22 4. FLOW CONTROL, LID, WQ FACILITY ANALYSIS, AND DESIGN .................................. 22 5. CONVEYANCE SYSTEM ANALYSIS AND DESIGN ....................................................... 26 6. SPECIAL REPORTS AND STUDY .................................................................................. 28 7. OTHER PERMITS ......................................................................................................... 29 8. CSWPP ANALYSIS AND DESIGN ................................................................................. 30 9. BOND QUANITITIES, FACILITY SUMMARIES, AND DECLARATION OF COVENANTS 31 10. OPERATION AND MAINTENANCE MANUAL .......................................................... 32 APPENDIX A - MAPS 1 - USGS TOPO MAP 2 - FEDERAL WAY CRITICAL AREAS MAP PDA_646 3 - USDA SOILS MAP AND INFORMATION 4 - KING COUNTY I-MAP OF DRAINAGE COMPLAINTS 5 - FEMA FIRMETTE - FLOOD HAZARD MAP 6 - FEMA FLOODPLAIN MAP 7 - FEDERAL WAY DRAINAGE BASIN MAP 8 - FEDERAL WAY FLOW CONTROL APPLICATION MAP 9- FEDERAL WAY GEOLOGICAL HAZARDS MAP 10- FEDERAL WAY SURFACE WATER RESOURCES MAP 11 - FEDERAL WAY WATER QUALITY APPLICATIONS MAP APPENDIX B - CRITICAL AREAS DELINEATION AND MITIGATION PLAN APPENDIX C - 1) SEPA CHECK LIST AND DNS, 2) HPA PERMIT APPENDIX D - PLANS APPENDIX E - COVENANT DECLARATION Surface Water TIR Page 2 1. PROJECT OVERVIEW GENERAL PROJECT INFORMATION The project site encompasses 1.76 acres and is divided into three existing lots within RS 15.0 zoning, surrounded by an older residential neighborhood. All three lots are encumbered by a stream, stream buffers, wetlands, and wetland buffers. There is no portion of the project site outside of the stream buffers or wetland buffers. The application seeks reasonable use for construction in the buffers of a single-family residence on each lot. Parcel A – 142103-9043, 0.83 AC (36,744 SF) Parcel B – 142103-9087, 0.5 AC (22,082 SF) Parcel C – 142103-9069, 0.41 AC (18,000 SF) Bordering the site to the west, south, and east are existing single-family houses. A large Category II wetland complex lies on portions of the site to the north and in a private native growth protection tract adjacent to the north boundary. The site slopes gently from south to north with Joes Creek flowing through the middle and capturing stormwater from surrounding higher elevations. Joes Creek funnels runoff from the surrounding neighborhood through the site to the wetland where the creek disperses. The site improvements proposed are to construct three single family houses, each with less than a 1600 SF footprint, on each lot. The existing gravel driveway will be replaced with a paved driveway to each lot for the minimum required width within private road easements. Public water and sewer utilities exist in Hoyt Road to be extended to the property. Figure 1.1: TIR WORKSHEET (following 5 pages) Surface Water TIR Page 3 Surface Water TIR Page 4 Surface Water TIR Page 5 Surface Water TIR Page 6 Surface Water TIR Page 7 Surface Water TIR Page 8 PROJECT SITE The site pictured below encompasses over one and three quarters acres in the Lower Puget Sound Basin and is located at 33305 SW 43rd Avenue along southwest 333rd Place, west of southwest 43rd Avenue and Hoyt Road, in the City of Federal Way. The site is comprised of three residential lots and there are wetlands on the northern portion of the site and a creek through the middle dividing the drainage area. All three lots are predominately located within the 150’ wetland buffers and 100’ stream buffers. Figure 1.2A: Site Map The site topography is generally flat with slopes less than 5% and gently sloping towards Joes Creek from both the east and west sides. Joes Creek is listed as “unclassified” and is a narrow drainage that flows from south to north through the middle of the site all year around. The creek collects all the stormwater from the site and surrounding higher elevation properties to the west, south, and east, and flows to a single discharge point along the north boundary. Downstream, the creek disperses into a large wetland complex. The creek path follows the wetlands and eventually discharges to Lorene Lake. Surface Water TIR Page 9 Figure 1.2B: Joes Creek flows from the south through the middle of the site and discharges north to the wetland. The total drainage area of the site is 76,826 SF with stormwater naturally collected by the creek which splits the site nearly in half. The drainage area of the site on the northwest side of the creek consists of 40,858 SF and is an unmanaged forest with natural vegetation such as Bigleaf Maples, Douglas-firs and Himalayan Blackberry. The drainage area of the site on the southeast side of the creek consists of 35,968 SF previously cleared with prior residential uses. The three lots had once contained two mobile homes and a house along with the existing gravel driveway. The structures have been removed but the gravel driveway remains. The vegetation on the southeast portion of the site mainly consists of a wild groundcover, a sparse number of trees, and shrubs. No construction is proposed for the 40,858 SF portion of the site on the west/northwest side of the creek. The area proposed for the construction of three single family residences and a paved access will be limited to the 35,968 SF portion of the site, on the east/southeast side of the creek. Access to the site is by Surface Water TIR Page 10 333rd Place, a gravel road in a 15’ wide road easement from SW 43rd Avenue to the site. The gravel road extends through the site and ends near the east bank of Joes Creek. The following surfaces are proposed with the redevelopment of the site: DESCRIPTION TYPE AREA (SF) METHOD/BMP Pavement (onsite, max 20-ft wide) PGIS 4939 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 Pavement (offsite, 10-ft wide strip) PGIS 1900 STRIP (SHEET FLOW) DISPERSION /BMP KCSDM C2.2 LOT -9043 - SFR Non-PGIS 1486 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 LOT -9087 - SFR Non-PGIS 1300 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 LOT -9069 - SFR Non-PGIS 1563 FULL DISPERSION/BMP FC-NVFP KCSWDM C2.1 LOT -9043 -Lawn PGPS 1225 SIMPLE DETENTION POND/KCSWDM Chapter 5.1.7 LOT -9087- Lawn PGPS 1200 SIMPLE DETENTION POND/KCSWDM Chapter 5.1.7 LOT -9069 - Lawn PGPS 1300 SIMPLE DETENTION POND/KCSWDM Chapter 5.1.7 PROPOSED DISPOSITION OF STORMWATER RUN-OFF AFTER DEVELOPMENT BY: x Full Dispersion: 9,288 SF of PGIS and Non-PGIS x Strip Dispersion: 1,900 SF of PGIS (offsite only) x Simple Detention Pond: 3,725 SF of PGPS Surface Water TIR Page 11 Figure 1.3: Drainage Basins, Subbasins, and Site Characteristics- Actual location of Joes Creek identified with thick blue lin e and the area highlighted is where soil excavation occurred for soil investigation shown in the site photo below. Surface Water TIR Page 12 SOILS The site is generally flat with slopes between 0-8% with an exception in the southwest corner and small slope between 8%-15%. A site investigation found soil consistent with the USDA map in Figure 4 on the next page. The soils are classified as Alderwood Gravelly Sandy Loam; AgB and AgC. The site is predominately recognized as AgB due to the flat topography. Soil samples from the southeast drainage area (southeast side of the creek) where construction is proposed found the soil to be consistent across the three lots with exception of the wetland. Soils found in the wetland are covered in the Wetland Report which is included in Section 6. The soil outside of the wetland does not contain clay and consisted predominately of small rock fragments creating a sandy loam mixture. Surface Water TIR Page 13 The hand dug excavation pictured below was performed near the south property line on the far west lot (lot- 9043), just east of the creek confluence point by about 12 feet. The flat area shown is characteristic of the southeast drainage area where construction is proposed. No cobble or stones were found within the excavation area. Underlying the gravelly sandy loam mixture are consolidated material creating a hard pan where groundwater perches during the wet season. The consolidated hard pan materials were found at a depth approximately 3.5’ deep. Above the hardpan, the soils are well drained, friable and non-sticky. Site photo showing area of soil excavation. Perspective is looking south while standing near the east property line of Lot A. Figure 1.3: USDA Soils Map (complete map with soil identifications attached in Appendix A) South property line (lot-9043) -orange property stake below is on the opposite creek bank of Joes Creek. Hand-dug Excavation Pit JOES CREEK Surface Water TIR Page 14 2. CONDITIONS AND REQUIREMENTS SUMMARY GENERAL REQUIREMENTS The site is encumbered with wetlands, wetland buffers, a stream, and stream buffers. A Critical Areas Report has been completed and provided in Section 6. The wetland lies on the northern portion of the site while Joes Creek, and unclassified stream, divides the site through the middle from south to north. All three lots are within the 165-ft wetland buffer and stream buffer. The project proposes intrusion to the buffers for ‘Reasonable Use’ for each single-family lot. The existing lots are large lots zoned RS15.0 as shown below. The scope of this project does not include a land division process. The project is subject to Process III Project Approval for Reasonable Use. The project design shall protect the natural environment and surrounding critical areas. Figure 2. 1: City of Federal Way Zoning Map Surface Water TIR Page 15 A stream crossing is proposed to extend a sewer force main to public sewer. The sewer will be laterally drilled a minimum of 4’ below the creek bed pursuant to FWRC 19.145.320 2(g). The project is subject to environmental review and an environmental checklist. A SEPA checklist has been submitted as part of the ‘Reasonable Use’ process and for the utility crossing and is included in Appendix B. A paved driveway in a private road easement will provide for access to each lot. The stormwater runoff from the new pollution generating surfaces shall be treated by allowing the run-off to disperse and flow naturally through naturally vegetated paths using Full Dispersion methods before discharging to the creek or wetland. Individual single-family site plans with erosion and sediment control plans will be submitted with each building permit application for review and approval prior to constructing any improvements. Roof downspouts will collect the non-pollution generating run-off and disperse the flow for Full Dispersion through a naturally vegetated flow path to control runoff from the site. Grass lawns will be kept to a minimum of less than 1500 SF of pollution generating pervious surface per lot and will be controlled and filtered through ‘Simple Detention Ponds for Cleared Areas’ meeting the requirements of Chapter 5.1.7 in the 2016 King County Surface Water Design Manual. Surface water runoff control and water quality treatment per the 2016 King County Surface Water Design Manual are required. The project must comply with all nine core and five special requirements where relevant. Project requirements protect the natural areas which and are important to the environment. The project design will be for natural vegetated flow paths to provide water quality and flow control in treating the stormwater runoff before leaving the site. The project is not allowed to impact habitat, water quality, stormwater retention, groundwater recharge, or generate erosion. The Core Requirements 1-9 and Special Requirements 1-5 will be addressed as described in the following table: Surface Water TIR Page 16 SUMMARY TABLE: REQUIREMENTS: How being met if applicable: Core Reqmt #1: Discharge at the Natural Location No change to the natural discharge location. Core Reqmt #2: Offsite Analysis Level 1 offsite analysis completed (Section 3) Core Reqmt #3: Flow Control Full Dispersion (Section 4) Core Reqmt #4: Conveyance System Gravel channels and oversized drainpipes for roof downspouts for capacity exceeding the peak flow during a 100-year rainfall event. (Sizing analysis in Section 5) Core Reqmt #5: Erosion and Sediment Control ESC measures during construction and in final design. Core Reqmt #6: Maintenance and Operations Property owners will be responsible to maintain natural vegetated areas. Core Reqmt #7: Financial Guarantees and Liability Private Facilities/NVFP Area Covenant Core Reqmt #8: Water Quality Full Dispersion (Section 4) Core Reqmt #9: Flow Control BMPs NVFP -Full Dispersion (onsite), Sheet Flow Dispersion (offsite), Simple Detention Special Reqmt #1: Other Adopted Area-Specific Requirements Critical Areas: wetlands and stream to be protected. The project area lies within the South Lower Puget Sound Subbasin. Special Reqmt #2: Flood Hazard Area Delineation N/A – Not within the 100-yr flood plain. Special Reqmt #3: Flood Protection Facilities N/A – Not within an area of flooding. Special Reqmt #4: Source Control N/A - Single Family Special Reqmt #5: Oil Control N/A – Sindle Family CORE REQUIREMENT #1 – DISCHARGE AT THE NATURAL LOCATION The runoff from the site is collected and concentrated in a natural drainage named Joes Creek, an unclassified stream flowing from south to north through the middle of the site. The creek naturally discharges at a singular point on the north end of the property into a Category III wetland. Upstream, the channel collects the drainage from higher elevation properties to the south and funnels the flow through to the north where it disperses within a wetland. After leaving the site, the downstream flow travels 0.4 miles through the wetland Surface Water TIR Page 17 and then another 0.2 miles in a secondary channel from where it discharges into a series of two lakes known as the Twin Lakes: first discharging into Lorene Lake and then into Jeane Lake. The project proposes no changes to the natural discharge location. Figure 4: USGS - FWS WETLAND – NATURAL DISCHARGE POINT (Note, thicker blue line is actual location of Joes Creek also represented by the thin blue line in the topo map. ) Surface Water TIR Page 18 CORE REQUIREMENT #2 – OFFSITE ANALYSIS Due to critical sensitive areas a level 1 offsite analysis is required. The analysis has been completed and is included in Chapter 3. CORE REQUIREMENT #3 – FLOW CONTROL Flow control is required for all new impervious, new pervious, and replaced pervious surfaces within the redevelopment of the three lots. The onsite impervious surfaces fall within the wetland buffer and stream buffer. Runoff from these surfaces will be controlled using Full Dispersion methods per BMP Flow Control with Vegetated Paths. Pervious surfaces such as lawns will be controlled using simple detention as described in the KCSWDM, Section 5.1.7. CORE REQUIREMENT #4 – CONVEYANCE SYSTEM The conveyance systems for this project are simple and will consist of collecting the roof downspouts and short drainage channels alongside a portion of the 20-ft wide driveway. Curbs and rolled edges will be used to directing sheet flow to dispersion areas for discharge in a naturally vegetated path. CORE REQUIREMENT #5 – EROSION AND SEDIMENT CONTROL Single family erosion control measures recognized by the City of Federal Way will be used during construction to contain and stabilized denuded soils. In addition, pollutant control measures recommended in the critical areas study by the project’s environmental expert will be followed to protect the surrounding wetlands and creek. After construction, vegetation shall be established and maintained to enhance the stream bank and natural areas. CORE REQUIREMENT #6 – MAINTENANCE AND OPERATIONS Natural vegetation areas require little maintenance once established and are to flourish naturally when they remain untouched. In order to maintain the requirements that natural areas be maintained with no adverse impact by future home owners, an easement including a covenant running with the land shall be executed to identify the reserve areas and to notify the future owners of the duty for protection of the surrounding environment. CORE REQUIREMENT #7 – FINANCIAL GUARANTEES AND LIABILITY All proposed drainage facilities are to be privately owned and maintained by the applicant or future property owner. Covenants will be recorded on the properties disclosing liability of subsequent owners to retain natural areas. CORE REQUIREMENT #8 – WATER QUALITY Water quality is required for all new and replaced pollutant generating impervious and pollutant generating pervious surfaces. Full Dispersion methods per BMP, naturally vegetated flow paths will be used for treating the runoff from all onsite impervious surfaces within the wetland buffer and stream buffer. Simple detention ponds will be used to capture lawn runoff and filter out any potential pollutants prior to discharge to natural areas. Surface Water TIR Page 19 CORE REQUIREMENT #9 – FLOW CONTROL BMPS BMPs to meet the performance standards for a Low Impact Development: Full Dispersion Applications, Restricted Footprint, Minimum Disturbance Foundations, and Native Growth Retention BMP Full Dipsersion by Naturally Vegetated Flow Paths – PGIS and NPGIS (onsite) BMP Sheet Flow Dispersion – PGIS (offsite 10-ft pavement strip) Simple Detention – PG Pervious Surfaces (grass lawns) SPECIAL REQUIREMENT #1 – OTHER ADOPTED REQUIREMENTS Sensitive areas are defined and delineated in the critical areas report in Section 6. These areas will be protected and enhanced per the recommendations of the environmental expert to mitigate for reasonable use of the buffer areas and provide stream corridor protection. Along with the recognized critical areas on the site, the project is located in the South Lower Puget Sound Sub- basin of the Lower Puget Sound Basin and identified in the Hylebos Creek and Lower Puget Sound Basin Plan Surface Water TIR Page 20 as area11A, subcatchment J2. No significant problems or adverse impacts were identified within the subcatchment. The plan recognizes flooding has occurred downstream of the project in the Twin Lakes development area. No flooding is indicated for the project area or areas adjacent to it. Flow controls are proposed for the project which will not adversely impact the existing flood conditions downstream. No other adopted plans or requirements were found applicable to the site. SPECIAL REQUIREMENT #2 – FLOOD HAZARD AREA DELINEATION This project is not within a 100-year floodplain or area mapped for a Flood Hazard Reduction Plan. The FEMA map is attached in the Appendix. Therefore, additional requirements from a Flood Hazard Reduction Plan do not apply. SPECIAL REQUIREMENT #3 – FLOOD PROTECTION FACILITIES Not Applicable. The project is not within the 100-year flood plain. SPECIAL REQUIREMENT #4 – SOURCE CONTROL Not Applicable. Does not apply to single family. SPECIAL REQUIREMENT #5 – OIL CONTROL Not Applicable. Does not apply to single family. Surface Water TIR Page 21 Surface Water TIR Page 22 3. OFFSITE ANALYSIS OFFSITE ANALYSIS LEVEL 1 A minimum Level 1 downstream analysis is required for a distance of at least 0.25 mile from the project. The discharge leaving the site, concentrated by Joes Creek, flows downstream through a wetland that extends Surface Water TIR Page 23 over 0.4 miles long before it is conveyed in a secondary channel about 0.2 miles long and then discharges to a series of lakes. Downstream Water Quality: The State’s Water Quality Atlas does not report any water quality issues for the portion of Joes Creek downstream of the site before it discharges into a series of lakes, over half a mile away. FEMA Maps – A FEMA map was reviewed (attached in Appendix) and the site is not within a flood plain as it is covered by “Zone X - outside the 500-year flood plain”. FEMA indicates it is an area of minimal flood hazard. Basin Plan - The South Lower Puget Sound Subbasin plan indicates the nearest area of known flooding along Joes Creek occurred 0.6 miles downstream in the development area surrounding the Twin Lakes also known as Jeane Lake and Lorene Lake. Geologic Hazards – Slope hazards do not exist on the site or within 200-ft. Site survey and topographic data shows the majority of the site is relatively flat and slightly rolling. There is a manmade 20% slope in the southwest corner of the site that shows no evidence of movement. Record drawings indicate fill was added in that area to create the slope during the construction of the neighboring houses to the west. The 1965 aerial below shows the site and original homestead prior to being surrounded by larger developments. Note that fill was imposed on the property in the 90’s with house construction to the west and is shown on record drawings. It appears that prior to development that occurred later that likely water flowed naturally through the site but was not channeled into the drainage by what is now called Joe’s Creek. The project does not propose to impact any areas west of the creek. Downstream Drainage Problems (within 0.25 miles): 1. Conveyance System Nuisance Problem: No record was found of any downstream drainage problems requiring special attention. 2. Server Erosion Problem: No record was found of any downstream drainage problems requiring special attention. 3. Server Flooding Problem: No record was found of any other downstream drainage problems requiring special attention. 4. Potential Impacts to Wetland Hydrology: Subject to critical area review. There will be no intrusion into the wetland with the proposed project. Intrusion into the wetland buffers are unavoidable. Mitigation efforts and BMP’s for flow control and water quality will be used to prevent impacts to the wetland hydrology. Refer to Section 6 for the complete Critical Areas Report and analysis. The downstream wetland starts on the north end of the project site and encompasses an area of over 16 acres extending 0.4 miles past the site. The project proposes will intrude into the buffers of the wetland. This is unavoidable because no portion of the site lies area outside of the wetland buffer. The Critical Areas Report provided in Section 6 gives a detailed analysis of the wetland. Mitigation efforts are proposed by the project Surface Water TIR Page 24 to protect the wetland biology from stormwater runoff and will prevent any significant alteration in the wetland hydrology. The project proposes to use Full Dispersion methods per BMP T5.30 to fully dissipate the stormwater runoff from the 20’ driveway and residential downspouts through a naturally vegetated forested path before leaving the site. This will control the flow and provide for water quality from pollution generating impervious surface and the non-pollution generating impervious surfaces proposed onsite with the project. Small lawns are proposed for each lot which will be flow controlled using a ‘Simple Detention Pond for Cleared Areas’ as identified in Section 5.1.7 of the KCSWDM. These ponds will be constructed at the base of each grassy lawn to control the flow and filter out pollutants from the pollutant generating pervious surfaces. Along with the BMPs, trees and vegetation will be retained within the natural forested areas beyond the project areas on both sides of the creek. The impervious surfaces will make up less than 14% of the total natural vegetative areas within the Total Drainage Area. The proposed project will not have any adverse impact on the downstream hydrology. All maps are attached in Appendix A. 1965 AERIAL PHOTO OF SITE: Surface Water TIR Page 25 4. FLOW CONTROL, LID, WQ FACILITY ANALYSIS, AND DESIGN Full Dispersion Sheet Flow Dispersion Simple Detention Ponds STORMWATER PLANS (included in Appendix D) CORE REQUIREMENT #3 – FLOW CONTROL The City of Federal Way Flow Control Applications Map indicates the area is in the Lower Puget Sound Basin and the application of Conservation Flow Controls is required. The minimum requirement is for historic site conditions to be met for Level 2 flow control standards to match 50% of 2 year through 50 year peaks and to match the 2 year and 10 year peaks and additional flow controls may be required since the downstream discharges to a wetland. The project proposes native vegetation in areas beyond the clearing limits as shown on the plans to retain approximately 64,062 SF of natural vegetation within the combined three lots 76,826 SF, making up 83% of the site. The 17% of the site not containing natural vegetation is the sum of 9,194 SF of impervious (roof and driveway) at 12% and 3,900 SF (grass lawns) of replaced pervious surface at 5% of the Total Discharge Area. Full Dispersion methods using vegetated flow paths are proposed for the total 9,194 SF of new impervious surface to be created with the build out of all three lots. Grass lawns are pollutant generating pervious surfaces. Areas proposed for grass lawns are constrained by the Joes Creek and the site topography. Full dispersion of these areas cannot be met given the length of flow path required and the closeness of the creek. Simple Detention Ponds are proposed at the base of each lawn to decrease the velocity of stormwater run-off and protect the creek from erosion, sediment, and pollutants. The proposed project with proposed flow control methods will not concentrate flows to the creek or increase the flow downstream at the natural discharge location from the site. Surface Water TIR Page 26 5. CONVEYANCE SYSTEM ANALYSIS AND DESIGN CORE REQUIREMENT #4 – CONVEYANCE SYSTEM Roof Down Spouts – The maximum size roof area to be captured is less than 1600 SF. Pipe diameters have been sized conservatively to accommodate the 100-year storm event of 4.2 inches over a 24-hour period. For practical purposes, a conservative peak rain intensity of 4.0 in/hr was used to calculate maximum flow and ensure the proposed drainpipes have sufficient capacity to handle the peak flow. According to data published for Seattle Public Utilities 1 which includes surrounding regions such as Federal Way, the maximum intensity of a 100-year rainfall event in the area is 3.23 in/hr when comparing 5-minute intervals. Therefore, the peak rain fall intensity of 4.0 in/hr being used here is taking a conservative approach. REF: http://climatechange.seattle.gov/wp-content/uploads/2018/01/Seattle-IDF-Curve-Update-TM_12-29- 2017.pdf Roof downspouts will be collected in 4-inch diameter drains along the house footers where they will flow to a yard catch basin. From the yard catch basin, the collected flows will be conveyed in a 6-inch drainpipe to either a 50-ft or a 10-ft dispersion trench with naturally vegetated flow path where shown on the plans. The conveyance pipe from the yard catch basin to the dispersion trench will be a 6-inch diameter drainpipe at a 0.0052 slope. The capacity for this pipe is 243 gpm. If the peak rainfall of 4.0 inches were to fall over the course of an hour, the flow in the 6-inch pipe would be 70 gpm. The capacity in the 6-inch pipe is 243 gpm which is 3.5 times the amount needed to handle the peak rainfall intensity. In other words, based on the pipe size and slope for a capacity for 243 gpm and a roof area of 1600 SF, the rainfall intensity could be as much as 14.6 in/hr before it exceeded the capacity of the drain line. Ditches - The roadside channels will be constructed of a drain rock bed with a 6-inch perforated underdrain pipe. A minimum slope of 0.005 will be used to construct the base of the channel and allow flow to the 50-ft notched board dispersion trench and naturally vegetated flow path as shown on the plans. The flat gravel channel will allow flows to dissipate to control erosion as the flow makes it way towards the dispersion trench. The underdrain shall be 6-inch perforated pipe with a capacity of 233 gpm which well exceeds the capacity needed to capture the peak flow of the 100-year rain event for a 1,000 SF area of sheet flow to the 1 Intensity Duration Frequency Curves and Trends for the City of Seattle, Technical Memorandum, December 29, 2017 completed by Tetra Tech for Seattle Public Utilities CSO reduction Program. Surface Water TIR Page 27 channel. Based on a conservative peak intensity rainfall of 4.0 inches/hour, the channel has over 5 times the capacity needed to handle the peak intensity rainfall for a 100-year event. The oversized conveyance systems will help to control flows and allow for storage and dissipation. They will also help in long term maintenance to avoid the potential for debris collection to cause flooding. SUMMARY TABLE: RUNOFF AREA CONVEYANCE SYST PIPE DIA/SLOPE CAPACITY 100 YR PK FLOW (MAX GPM) ROOF <1600SF Yard CB w/ Drainpipe to Dispersion and NVFP 6” /0.0052 243 GPM 70 GPM @ 4.0 in/hr PAVEMENT <1000 SF Gravel Channel with Underdrain to Dispersion and NVFP 6”/0.005 233 GPM 43 GPM @ 4.0 in/hr Surface Water TIR Page 28 6. SPECIAL REPORTS AND STUDY CRITICAL AREAS DELINEATION AND MITIGATION PLAN See final Wetland Report and Mitigation Plan. Prepared by: Mark Heckert, Beaver Creek Environmental, LLC POB 731695 Puyallup, WA 98373 mheckert@Q.com (253) 732-6515 Dated: July 6, 2021 SEPA (APPENDIX C1) SEPA Checklist submitted. Prepared by: Michelle Henry, PE P.M.Development@outlook.com (360) 281-8195 Dated: November 23, 2020 DNS Issued: July 16, 2021 Surface Water TIR Page 29 7. OTHER PERMITS Building Applications and Permits Utility Connection Permits – Lakehaven Sewer District, Tacoma Water District WDFW Hydraulic Project Approval (HPA) Permit -APPENDIX C2 Approved HPA Permit #2021-4-518-01 issued by Washington Department of Fish and Wildlife for the stream crossing with a sewer main to serve all three lots. The approved permit is attached in Appendix C. Surface Water TIR Page 30 8. CSWPP ANALYSIS AND DESIGN The site was previously occupied by single family dwelling units and cleared by previous occupants. There will be minor clearing needed to widen the existing roadway. Excavation for new dwelling units will be kept to a minimum with stepped foundations. A final erosion control plan will be submitted with each single-family lot through the building application and permit process. Surface Water TIR Page 31 9. BOND QUANITITIES, FACILITY SUMMARIES, AND DECLARATION OF COVENANTS Covenants are to be recorded for each lot to retain naturally vegetated areas for flow control and water quality. Example Covenant to be recorded is attached in Appendix E. Surface Water TIR Page 32 10. OPERATION AND MAINTENANCE MANUAL Natural vegetation areas require little maintenance once established and are to flourish naturally when they remain untouched. In order to maintain the requirements that natural areas be maintained with no adverse impact by future home owners, an easement including a covenant running with the land shall be executed to identify the reserve areas and to notify the future owners of the duty for protection of the surrounding environment. 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King County iMap Date: 10/24/2020 Notes:±The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County. 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This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for Applicants This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions.You may use “not applicable” or "does not apply" only when you can explain why it does not apply and not when the answer is unknown.You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of Checklist for Nonproject Proposals For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words “project,” “applicant,” and “property or site” should be read as “proposal,” “proponent,” and “affected geographic area,” respectively.The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not contribute meaningfully to the analysis of the proposal. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 2 of 15 k:\Handouts\Environmental Checklist A. BACKGROUND 1. Name of proposed project, if applicable: 2. Name of applicant: 3. Address and phone number of applicant and contact person: 4. Date checklist prepared: 5. Agency requesting checklist: 6. Proposed timing or schedule (including phasing, if applicable): 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. Henry-Moore Reasonable Use (Single Family) Michelle Henry 35001 NE 147th Ave, Yacolt, WA 98675 360-281-8195 December 27, 2020 City of Federal Way Construction of one single family home starting in spring 2021. The existing private gravel driveway will be paved to meet driveway standards. Stormwater Preliminary TIR Critical Areas Report No. Land Use Approval (reasonable use) Building Permit Sewer Connection Permit Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 3 of 15 k:\Handouts\Environmental Checklist 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site: (circle one): Flat, rolling, hilly, steep slopes, mountainous, other _____________ b. What is the steepest slope on the site (approximate percent slope)? c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. The 0.84 ac lot was previously occupied and cleared where there was once a house and mobile home. There is a creek through the middle, wetland to the north. The lot is fully encumbered by buffers. The proposal is for a new single family home in the buffer with a sewer line to be bored under the creek. Site Address: 33305 43rd Ave SW, Federal Way Parcel: 103142-9043 SEE ATTACHED SITE IMPROVEMENT MAP Generally flat and slightly rolling with one steep slope in the SW corner. 20% at the SW edge of the property. Gravelly clay loam on top of consolidated till. None. Area of disturbance= 3,250 SF. Grading to widen existing gravel road will result in 37 CY of cut materials, no fill. Foundations will be stepped to minimize additional grading. Yes, during earthwork for construction. Erosion control measures will be in place to prevent any discharge of sediment from the site. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 4 of 15 k:\Handouts\Environmental Checklist g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. Air a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: 3. Water a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Yes, during earthwork for construction. Erosion control measures and monitoring the site during construction to prevent any sediment discharge. During construction, dust could be emitted. None. Dust control during construction to contain dust on site. Joes Creek runs through the site and there is a wetland on the north portion. Yes, construction will occur in the 165' buffer of the creek and wetland. No construction will occur in the creek or in the wetland. No fill material anticipated. No. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 5 of 15 k:\Handouts\Environmental Checklist 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s)are expected to serve. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. 2) Could waste materials enter ground or surface waters? If so, generally describe. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. d.Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: No. No. No. None. Driveway and roof areas will create runoff which will be diverted to naturally vegetated flow paths for flow control and water quality. No. No. BMPs for creating naturally vegetated flow paths will reduce any impacts of runoff from the proposed surfaces. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 6 of 15 k:\Handouts\Environmental Checklist 4. Plants a. Check the types of vegetation found on the site: ____deciduous tree: alder, maple, aspen, other ____evergreen tree: fir, cedar, pine, other ____shrubs ____grass ____pasture ____crop or grain ____ Orchards, vineyards or other permanent crops. ____ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ____water plants: water lily, eelgrass, milfoil, other ____other types of vegetation b. What kind and amount of vegetation will be removed or altered? c. List threatened and endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: e. List all noxious weeds and invasive species known to be on or near the site. 5. Animals a.List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened and endangered species known to be on or near the site. Areas to be disturbed are mostly gravel and grass. A few alders, vine maple, and shrubs will need to be removed to widen the driveway. None. The site will be enhanced with some new plantings, native plants for the majority of the site. Natural areas on over half the site will be retained. None. Songbirds have been observed. None. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 7 of 15 k:\Handouts\Environmental Checklist c. Is the site part of a migration route? If so, explain. d. Proposed measures to preserve or enhance wildlife, if any: e. List any invasive animal species known to be on or near the site. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1) Describe any known or possible contamination at the site from present or past uses. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. Yes, the site is within the Pacific Flyway which covers the entire west coast. No adverse impacts to migrating birds are anticipated. Protect existing water ways, conservation of trees, tree protection, new plantings. None known. Power to be supplied by PSE. No. Energy conservation will be included with residential construction. The site falls within the Tacoma Smelter Plume. None. Fuel for equipment operation during construction. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 8 of 15 k:\Handouts\Environmental Checklist 4) Describe special emergency services that might be required. 5) Proposed measures to reduce or control environmental health hazards, if any: b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? 2) What types and levels of noise would be created by or associated with the project on a short- term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. 3) Proposed measures to reduce or control noise impacts, if any: 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: None. The contractor shall comply with all local ordinances and environmental regulations. None. Typical construction noises during building will occur during regular daytime hours. Construction will be limited and not allowed outside regular daytime hours. The site is surround on three sides by residential and to the north is a large open space containing a vast wetland. The proposal will not affect any current land uses . Records indicate the site contained 2 different homesteads over the course of the last 55 years, not set aside for forestry or agricultural purposes. No. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 9 of 15 k:\Handouts\Environmental Checklist c. Describe any structures on the site. d. Will any structures be demolished? If so, what? e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as a critical area by the city or county? If so, specify. i. Approximately how many people would reside or work in the completed project? j. Approximately how many people would the completed project displace? k. Proposed measures to avoid or reduce displacement impacts, if any: l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. Remnants of a concrete foundation from the original homestead built in 1960's, remnants in another location of a wood structure, the steel undercarriage of a mobile home, and an outdoor brick fireplace. No structures of significance will be demolished. The steel undercarriage will be hauled off for recycling. RS15.0 Low Denisty Residential - 1 Unit/15,000 SF Lot RS15.0 Low Denisty Residential - 1 Unit/15,000 SF Lot N/A Yes, the site contains a creek and a wetland. Average Family - 2.5 people None. The project provides housing and does not displace anyone. Following the City of Federal Way land use processes for approval. The project does not pose any impact to agricultural or forest lands. The project proposes a medium income housing unit. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 10 of 15 k:\Handouts\Environmental Checklist b. Approximately how many units, if any, would be eliminated? Indicate whether high-, middle-, or low-income housing. c. Proposed measures to reduce or control housing impacts, if any: 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s)proposed? b. What views in the immediate vicinity would be altered or obstructed? c. Proposed measures to reduce or control aesthetic impacts, if any: 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? b. Could light or glare from the finished project be a safety hazard or interfere with views? c. What existing off-site sources of light or glare may affect your proposal? d. Proposed measures to reduce or control light and glare impacts, if any: 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? None. Previous housing units on the site had already been removed. The project does not pose any adverse impacts to housing. Proposed houses will be two story, less than 30-ft tall. Most of the surrounding houses are two story. The project sits in a basin surrounded by houses and will not obstruct anyones view than that of the project site itself. New house construction to blend in with trees and untouched natural areas. The typical light glare of a single family home is expected. No. None. None. Walking paths through the neighboring open spaces and natural areas. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 11 of 15 k:\Handouts\Environmental Checklist b. Would the proposed project displace any existing recreational uses? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13. Historic and Cultural Preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. 14.Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The proposed project will not block access to these areas. None. No. None found. Land records indicate the property has been occupied with typical single family residences which were constructed in the 1960's and early 1990's. These structures are gone. No adverse impacts. The project takes public access off of Hoyt Road to 43rd Avenue SW, which is a private roadway. Yes. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 12 of 15 k:\Handouts\Environmental Checklist c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. h. Proposed measures to reduce or control transportation impacts, if any: 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other ___________ The new home will have a 2-car garage for parking. An existing private road serves the site. No new public roads are included with the project. No. The project site previously contained a residence and generates no new net trips. No. The project does not pose any traffic impacts. Due to limited access to the sites by fire apparatus vehicles the proposed new residential construction will have fire sprinklers. None. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 14 of 15 k:\Handouts\Environmental Checklist D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com Bulletin #050 – October 17, 2016 Page 15 of 15 k:\Handouts\Environmental Checklist 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s)are: 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. STATE ENVIORNMENATAL POLICY ACT NOTICE OF DETERMINATION OF NONSIGNIFICANCE (DNS) Henry Lot 9043 Reasonable Use Request File No: 21-100014-00-SE Proposal:State Environmental Policy Act (SEPA) Determination of Nonsignificance for a proposed utility stream crossing to serve a proposed Reasonable Use Request for a single-family residence on a lot completely encumbered by critical areas and critical area buffers. The stream crossing proposes to extend a sewer force main to public sewer from the southwest corner of parcel #142103 9043 across Joes Creek. The sewer will be laterally drilled a minimum of four feet below the creek bed pursuant to Federal Way Revised Code (FWRC) 19.145.320(2)(g). Applicant:Michelle Henry, P & M Development LLC, 35001 NE 147th Avenue, Yacolt, WA 98675 Project Location:33305 43rd Avenue SW, Parcel #142103 9043, Federal Way Lead Agency:City of Federal Way Staff Contact:Associate Planner Chaney Skadsen, 253-835-2644,chaney.skadsen@cityoffederalway.com This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by 5:00 p.m. on July 30, 2021. Email comments should be directed to planning@cityoffederalway.com. Unless modified by the city, this determination will become final following the above comment deadline. Any person aggrieved of the city’s final determination may file an appeal. Anyone may appeal this determination to the Federal Way City Clerk (address below), no later than 5:00 p.m. on August 23, 2021, by a written letter stating the reason for the appeal of the determination, along with the required appeal fee. You should be prepared to make specific factual objections. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. Responsible Official:Brian Davis Title:Director of Community Development, City of Federal Way Address: 33325 8th Avenue South, Federal Way, WA 98003 Phone:253-835-2612 Date Issued: July 16, 2021 Digitally Signed July 9, 2021, at 10:28 AM Signature: Vicinity Map PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Michelle Henry 35001 NE 147th Ave Yacolt, WA 98675 Project Name:Henry Single Family Lot-9043 Sewer Connection Project Description:Directionally bore 445 linear feet of 1-1/4" diameter sewer force main to connect a single family home to public sewer per the attached sewer extension plan. PROVISIONS 1. TIMING LIMITATION: You may begin the project immediately and you must complete the project by July 28, 2026. 2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application to the Washington Department of Fish and Wildlife entitled, "HENRY LOT-903 SEWER EXTENSION", dated July 4, 2021; PRIVATE SEWER EXTENSION PLAN & PROFILE, dated July 20, 2021; and "FINAL MITIGATION PLAN for Reasonable Use Permit P&M Development Parcels", dated July 16, 2021, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and this HPA available on site during all phases of the project proposal. 3. INVASIVE SPECIES CONTROL: Follow Method 1 for low risk locations (i.e. clean/drain/dry). Thoroughly remove visible dirt and debris from all equipment and gear (including drive mechanisms, wheels, tires, tracks, buckets, and undercarriage) before arriving and leaving the job site to prevent the transport and introduction of invasive species. For contaminated or high risk sites please refer to the Method 2 Decontamination protocol. Properly dispose of any water and chemicals used to clean gear and equipment. You can find this and additional information in the Washington Department of Fish and Wildlife's "Invasive Species Management Protocols", available online at https://wdfw.wa.gov/species-habitats/invasive/prevention. NOTIFICATION REQUIREMENTS 4. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress or there is a frac-out of drilling lubricant at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem by calling 425-449-6790. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 5. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 6. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. Page 1 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-518+01 FPA/Public Notice Number: N/A Application ID: 25785 Project End Date: July 28, 2026 Issued Date: July 29, 2021 APPLY TO ALL HYDRAULIC PROJECT APPROVALS LOCATION #1:Site Name: Henry Single Family Lot-9043 33305 43rd AVE SW, Federal Way, WA 98023 WORK START: July 29, 2021 WORK END: July 28, 2026 WRIA Waterbody:Tributary to: 10 - Puyallup - White Joes Creek Puget Sound 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: SW 1/4 14 21 N 03 E 47.30281 -122.38902 King Location #1 Driving Directions 7. Stop all hydraulic project activities except those needed to control erosion and siltation, if weather conditions arise that will result in erosion or siltation of waters of the state. 8. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment- laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. UTILITY CROSSING 9. Install the conduit well below scour depth of the watercourse per the approved plan to prevent natural scouring of the stream bed from exposing the pipeline. 10. Construction involving boring: a. Isolate the pit from surface water flow to prevent bore hole collapse; and b. Before discharging wastewater to state waters, route wastewater from project activities and dewatering to an area outside the watercourse to allow removal of fine sediment and other contaminants. DEMOBILIZATION AND CLEANUP 11. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. 12. Complete installation of the mitigation planting plan prior to the end of the first dormant season (late fall through late winter) after installing the sewer conduit per the approved plan. Monitor and maintain plantings for at least three years to ensure compliance with the standards of success detailed in the mitigation plan. Page 2 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-518+01 FPA/Public Notice Number: N/A Application ID: 25785 Project End Date: July 28, 2026 Issued Date: July 29, 2021 This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person (s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. Page 3 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-518+01 FPA/Public Notice Number: N/A Application ID: 25785 Project End Date: July 28, 2026 Issued Date: July 29, 2021 MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. Page 4 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-518+01 FPA/Public Notice Number: N/A Application ID: 25785 Project End Date: July 28, 2026 Issued Date: July 29, 2021 A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Larry.Fisher@dfw.wa.gov for Director WDFWLarry Fisher 425-449-6790 Page 5 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-518+01 FPA/Public Notice Number: N/A Application ID: 25785 Project End Date: July 28, 2026 Issued Date: July 29, 2021 APPENDIX D PLANS VICINITY MAPSHEET# TITLE PROJECT LOCATIONJuly 20211 Cover Sheet2 Survey3 Existing Plan/TOPO4 Site and Stormwater Plan5 Clearing and Grading Plan6 Road and Utility Plan7 Standard Details & Erosion Control NotesEngineer: Michelle Henry, PE360-263-4873Biologist: Beaver Creek Environmental Services, Inc.Mheckart@Q.com253-732-6515Surveyor: Larson & Associates253-474-3404Contacts:33305 SW 43RD AVE, FEDERAL WAY, WA 98023DEVELOPMENT, LLCHENRY-MOORE REASONABLE USESINGLE FAMILY LOT 142103-904335001 NE 147th AvenueYacolt, Washington 98675Ph: (360) 263-4873Email: P.M.Development@outlook.comCITY STAMP LOCATION THIS LOT THIS LOTXX THIS LOTXX THIS LOTXX THIS LOTXX APPENDIX E COVENANT DECLARATION FOR FLOW CONTROL RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Federal Way 33325 8th Ave S Federal Way, WA 98003-6325 Attn: DECLARATION OF COVENANT For Maintenance and Inspection of Flow Control BMPs Grantor: P&M Development, LLC Grantee: City of Federal Way, a Washington municipal corporation Legal Description, Lots -9043, -9069, -9087 SW 14-21-3 Additional Legal(s) on: Exhibit ‘A’, attached Assessor’s Tax Parcel ID#: 142103-9043, 142103-9069, 142103-9087 The GRANTOR, P&M Development, LLC , for and in consideration of the approved City of Federal Way (check one of the following) residential building permit, commercial building permit, clearing and grading permit, subdivision permit, or short subdivision permit for Application No . 21-103216 relating to the real property (“Property”) described above, the Grantor(s), the owner(s) in fee of the Property, hereby covenants (covenant) with the City of Federal Way, a Washington municipal corporation, and its municipal successors in interest and assigns, that he/she (they) will observe, consent to, and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the Property. Grantor(s) hereby grants (grant), covenants (covenant), and agrees (agree) as follows: 1. Grantor(s) or his/her(their) successors in interest and assigns (“Owners”) shall retain, uphold, and protect the stormwater management devices, features, pathways, limits, and restrictions, known as flow control best management practices (BMPs”), shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost, operate, maintain, and keep in good repair, the Property’s BMP’s as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. City of Federal Way shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days, the Owners shall allow the City of Federal Way to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the City, the Owner my elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. If the engineer option is chosen, the Owners shall provide written notice to the City of Federal Way Surface Water Management Division (SWM) or its municipal successor in interest within fifteen days of receiving the City’s notice of inspection. Within 30 days of giving this notice, the Owners, or the engineer on behalf of the Owners, shall provide the engineer’s report to SWM. If the report is not provided in a timely manner as specified above, the City may inspect the BMPs without further notice. 4. If the City of Federal Way determines from its inspection, or from an engineer’s report provided in accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is required for the BMPs, SWM shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (Work) required. SWM shall also set a reasonable deadline for completing the Work or providing an engineer’s report that verifies completion of the Work. After the deadline has passed, the Owners shall allow the City access to re-inspect the BMPs unless an engineer’s report has been provided verifying completion of the Work. If the work is not completed properly within the time frame set by SWM, the City of Federal Way may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of and may subject the Owners to enforcement under the Federal Way Revised Code (FWRC), including fines and penalties. 5. Apart from performing routine landscape maintenance, the Owners are hereby required to obtain written approval from SWM before performing any alterations or modifications to the BMPs. 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party, or after three (3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property, and it shall inure to the benefit of all the citizens of the City of Federal Way and its municipal successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s), and Grantor’s(s’) successors in interest and assigns. 8. This Declaration of Covenant may be determined by execution of a written agreement by the Owners and the City of Federal Way this is recorded by King County in its real property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this day of , 20 . GRANTOR: By: Signature Patrick Henry Printed Name STATE OF ) ) ss. COUNTY OF ) On this day personally appeared before me, Patrick Henry , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seat this day of , 20 . (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires . EXHIBIT A LEGAL DESCRIPTION LOT 9043: That portion of Government Lot 2, Section 14, Township 21 North, Range 3 East, W.M. in King County, Washington, described as follows: Beginning at a point on the Northeasterly line of the Puyallup Indian Reservation which is South 45°47' 42" East 651.03 feet from the West line of said Government Lot, said point to be called Point "A" for reference purposes; Thence North 40° 37' 42" also East 299.32 feet, more or less, to the True Point of Beginning, said point being the Northwest corner of that certain tract conveyed to Larry Mansur and Darlene M. Mansur, his wife, by deed recorded under Recording No. 5266574, hereinafter referred to as the Mansur Tract; Thence Easterly along the Easterly prolongation of the Northerly line of said Mansur Tract to the West line of that certain tract conveyed to Miles Hall by deed recorded under Recording No. 5477205, herein after referred to as the Hall Tract; Thence North 0° 37' 31" West along the West line of said Hall Tract and the Northerly prolongation thereof to a point which bears North 40° 37' 07" East from the True Point of Beginning, said point also being the Northwest corner of that certain tract conveyed to Ora Paul Brown by deed recorded under Recording No. 7206230368; Thence South 40° 37' 07" West to the True Point of Beginning; LOT 9087: That portion of Government Lot 2, Section 14, Township 21 North, Range 3 East, W.M. in King County, Washington, described as follows: Beginning at the Southeast corner of said Government Lot 2; Thence North 0° 37' 31" West 785.1 feet; Thence South 89° 12' 18" West 300 feet to the True Point of Beginning; Thence South 89° 12' 18" West 95 feet; Thence North 0° 37' 31" West to the Southerly line of a tract conveyed to Henry R. Spedden by deed recorded under Recording No. 6444915; Thence North 40° 37' 07" East along said Southerly line to a point which bears North 0° 37' 31" West from the True Point of Beginning; Thence South 0° 37' 31" East to the True Point of Beginning; LOT 9069: That portion of Government Lot 2, Section 14, Township 21 North, Range 3 East, W.M. in King County, Washington, described as follows: Beginning at the Southeast corner of said Government Lot 2; Thence North 0° 37' 31" West 785.1 feet; Thence South 89° 12' 18" West 200 feet to the True Point of Beginning; Thence South 89° 12' 18" West 100 feet; Thence North 0° 37' 31" West 200 feet; Thence North 89° 12' 18" East 80 feet; Thence South 0° 37' 31" East 100 feet; Thence North 89° 12' 18" East 20 feet; Thence South 0° 37' 31" East 100 feet to the True Point of Beginning; Except any portion thereof lying Northwesterly of a line beginning on the Southwesterly line of said Government Lot 2 at a point South 45° 47' 42" East, 651.03 feet from the West line of said Government Lot and running Thence North 40° 37' 07" East, 1158.91 feet to a point on the North line of said Government Lot, distant North 89° 40' 45" East 1225.47 feet from the Northwest corner of said Government Lot; EXHIBIT B MAP OF FLOW CONTROL BMP -NATURALLY VEGETATED FLOW PATH