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20-101386-DOE Letter-02-16-2022-V1 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office  PO Box 330316  Shoreline, Washington 98133-9716 (206) 594-0000 711 for Washington Relay Service  Persons with a speech disability can call 877-833-6341 November 18, 2021 Federal Way Campus, LLC Attn: Dana Ostenson 11100 Santa Monica Boulevard, Suite 850 Los Angeles, California 90025 Re: Administrative Order No. 20792 to permanently fill/impact 0.228 acres of non-federally regulated wetlands to construct Woodbridge Buildings A and B in King County, Washington Dear Dana Ostenson: The Department of Ecology (Ecology) received your Joint Aquatic Resources Permit Application (JARPA) on July 30, 2021, requesting an Administrative Order (Order) for proposed work in non-federally regulated wetlands. Ecology has determined that the proposed work, as conditioned by the enclosed Order, will comply with applicable provisions of Chapter 90.48 RCW and other applicable requirements of state law. This approval is subject to the conditions contained in the enclosed Order. You must familiarize yourself with and abide by the conditions in the Order, including all notification requirements. If you have any questions, please contact Leah Beckett at (425) 324 -5590, Leah.Beckett@ecy.wa.gov . The enclosed Order may be appealed by following the procedures described in the Order. Sincerely, Joe Burcar, Section Manager Shorelands and Environmental Assistance Program Northwest Regional Office Enclosure ec: Kristen McDermott, U.S. Army Corps of Engineers Dan Krentz, U.S. Army Corps of Engineers Jennifer Marriott, Wet.land, LLC Cindy Flanagan, Rainier Audubon/Save Weyerhaeuser Campus Leah Beckett, Ecology Doug Gresham, Ecology ECYREFEDPERMITS@ECY.WA.GOV STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF THE REQUEST BY ) ORDER No. 20792 FEDERAL WAY CAMPUS, LLC ) Corps Ref. No. NWS-2017-1077 FOR AN ADMINISTRATIVE ORDER TO ) CONDUCT WORK IN NON-FEDERALLY ) REGULATED WETLANDS ) TO: Federal Way Campus, LLC Attn: Dana Ostenson 11100 Santa Monica Boulevard, Suite 850 Los Angeles, California 90025 This is an Administrative Order requiring Federal Way Campus, L.L.C. to comply with Chapter 90.48 RCW and the rules and regulations of the Department of Ecology (Ecology) by taking certain actions which are described below. RCW 90.48.120(1) authorizes Ecology to issue Administrative Orders requiring compliance whenever it determines that a person has violated or creates a substantial potential to violate any provision of Chapter 90.48 RCW. On July 30, 2021 Ecology received a request to impact 0.228 acres of non-federally regulated wetlands to construct Woodbridge Buildings A & B in King County. The U.S. Army Corps of Engineers (Corps) issued its jurisdictional determination on July 27, 2021. The site is located at 33663 Weyerhaeuser Way South, Federal Way, Section 16 & 21, Township 21N, Range 4E, King County, and WRIA 10: Puyallup-White. The project proposes to construct approximately 439,050 square feet of new building space with associated infrastructure, parking, and stormwater facilities. The purpose of the project is to provide large commercial facilities to serve as warehouse storage and distribution centers. During construction of the facilities, nine depressional, Category III wetlands will be permanently filled. This Administrative Order authorizes 0.228 acres (9, 922 square feet) of Category III wetland impacts at the project location. Mitigation for this proposal will consist of the purchase of 13.5262 King County In-Lieu Fee credits and all other actions as proposed in the In -Lieu Fee Use Plan dated March 2, 2020. For purposes of this Order, the term “Applicant” shall mean Federal Way Campus, L.L.C., and its agents, assigns, and contractors. In view of the foregoing and in accordance with RCW 90.48.120(1): IT IS ORDERED that the Applicant shall comply with the following: Federal Way Campus, LLC Administrative Order 20792 November 18, 2021 Page 2 of 5 A. General Conditions: A.1 The Applicant shall construct and operate the project in a manner consistent with the project description contained in the JARPA received by Ecology on July 30, 2021, or as otherwise approved by Ecology. A.2 For purposes of this Order, all submittals required by its conditions shall be sent to fednotification@ecy.wa.gov and a cc to Leah.Beckett@ecy.wa.gov. Any submittals shall reference Order No. 20792. A.3 The Applicant shall provide access to the project site upon request by Ecology. A.4 Copies of this Order shall be kept on the job site and readily available for reference by Ecology personnel, the construction superintendent, construction managers and forepersons, and state and local government inspectors. A.5 Nothing in this Order waives Ecology’s authority to issue additional orders if Ecology determines further actions are necessary to implement the water quality laws of the state. Further, Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if additional impacts due to project construction or operation are identified (e.g., violations of water quality standards, downstream erosion, etc.), or if additional conditions are necessary to further protect the public interest. A.6 The Applicant shall ensure that all appropriate project engineers and contractors at the project site have read and understand relevant conditions of this Order and all permits, approvals, and documents referenced in this Order. B. Notification Requirements: B.1 The Applicant shall provide written notification to Ecology in accordance with condition A.2 above for the following activities: a. At least seven (7) days prior to conducting work activities in wetlands. b. Immediately following a violation of the state water quality standards or any condition of this Order. c. Within seven (7) days of completing work activities in wetlands. C. Wetland Mitigation Conditions C.1 The Applicant shall mitigate wetland impacts as described in In-Lieu Fee Use Plan (hereafter called the “mitigation plan”) prepared by Talasaea Consultants, Inc., dated March 2, 2020 or as revised and approved by Ecology. Federal Way Campus, LLC Administrative Order 20792 November 18, 2021 Page 3 of 5 C.2 The Applicant shall notify and submit in writing to Ecology (see A.2) any proposed changes to the amount of wetland impacts or revision to the mitigation plan for review and approval before implementing the changes. C.3 The Applicant shall obtain a Statement of Sale from the Sponsor as documentation of purchase of 13.526 credits for this impact project (see A.2). The Applicant shall submit a copy of the Statement of Sale to Ecology (see A.2) before impacting wetlands and within 60 days of receipt from the Sponsor. 1. Documentation from the Sponsor shall include: a. Ecology’s Order number, b. Order issuance date, c. Description of mitigation credits purchased, d. Signatures from the Sponsor and the Applicant. C. 4 The Applicant shall complete the purchase of credits before the impacts to wetlands occur, or Ecology may require additional compensation to account for additional temporal loss of wetland functions. C.5 If the Applicant has not purchased credits within 13 months of the date of this Order, the Applicant shall inform Ecology, in writing, of the status of a) Woodbridge Buildings A & B b) When ILF credits will be purchased With the: c) Reason for the delay d) Expected date of completion. The Applicant shall submit an updated written notification every 12 months thereafter until Woodbridge Buildings A & B is complete and the required credits are purchased. C.6 Until the Applicant has received written notice from Ecology that the Mitigation Plan has been fully implemented, the Applicant's obligation under Condition C.1 to mitigate for wetland impacts is not met. D. Timing D. 1. This Order is valid until the Applicant meets all its requirements and the applicant has received written notification from Ecology to that effect. Failure to comply with this Order may result in the issuance of civil penalties or other actions, whether administrative or judicial, to enforce the terms of this Order. Federal Way Campus, LLC Administrative Order 20792 November 18, 2021 Page 4 of 5 Your right to appeal You have a right to appeal this Order to the Pollution Control Hearings Board (PCHB) within 30 days of the date of receipt of this Order. The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. “Date of receipt” is defined in RCW 43.21B.001(2). To appeal you must do all of the following within 30 days of the date of receipt of this Order:  File your appeal and a copy of this Order with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours.  Serve a copy of your appeal and this Order on Ecology in paper form - by mail or in person. (See addresses below.) E-mail is not accepted. You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371-08 WAC. Address and location information. Filing an appeal with the PCHB: Mailing Address: Pollution Control Hearings Board PO Box 40903 Olympia, WA 98504-0903 Street Address: Pollution Control Hearings Board 1111 Israel RD SW STE 301 Tumwater, WA 98501 Serving a copy of the appeal on Ecology: Mailing Address: Department of Ecology Attn: Appeals Processing Desk PO Box 47608 Olympia, WA 98504-7608 Street Address: Department of Ecology Attn: Appeals Processing Desk 300 Desmond Drive SE Lacey, WA 98503 MORE INFORMATION  Pollution Control Hearings Board Website http://www.eluho.wa.gov/Board/PCHB  Chapter 43.21B RCW - Environmental and Land Use Hearings Office – Pollution Control Hearings Board http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B  Chapter 371-08 WAC – Practice And Procedure http://app.leg.wa.gov/WAC/default.aspx?cite=371-08  Chapter 34.05 RCW – Administrative Procedure Act http://app.leg.wa.gov/RCW/default.aspx?cite=34.05 Federal Way Campus, LLC Administrative Order 20792 November 18, 2021 Page 5 of 5  Chapter 90.48 RCW – Water Pollution Control http://app.leg.wa.gov/RCW/default.aspx?cite=90.48  Chapter 173-201A WAC – Water Quality Standards for Surface Waters of the State of Washington http://apps.leg.wa.gov/WAC/default.aspx?cite=173-201A DATED November 18, 2021, at Shoreline, Washington. _________________________________________ Joe Burcar, Section Manager Shorelands and Environmental Assistance Program Northwest Regional Office