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