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HomeMy WebLinkAboutPermit PL17-0010 - TUKWILA STORAGE YARD - SPECIAL PERMISSION / SENSITIVE AREASTUKWILA STORAGE YARD 3348401890 Associated Files: PL17-0010 This File: 117-0016 SPECIAL PERMISSION/SENSITIVE AREAS Applied Ecology LLC 6637 Flora Ave South Seattle WA, 98108 206.484.6582 Justin@applied-ecology.com October 20th 2020 To whom it may concern, Please let this letter stand as the requested monitoring report for the Buffer Enhancement Project at Tukwila Storage Yard (TSY) Parcel# 334840-1890 owned by Daniel Assefa. Applied Ecology LLC, under contract with Mr. Assefa, has been providing ecological restoration services at the TSY for the past two years including installation and maintenance of the Wetland Buffer Enhancement required for the permitting relating to the construction of the storage yard. Those services include invasive species management, planting, maintenance/establishment work and vegetation monitoring. On October 16th 2020 we completed the first round of monitoring since project completion. From visual observation and selected photo points the site appears to be in good condition displaying positive year on year growth and native and invasive coverage consistent with expectations. There has been some off -target damage to native plantings from herbicide applied as part of the ongoing invasive species control but it is limited to a few specific areas of high invasive density and those individual plants affected appear to be alive/recovering. Additionally, we installed a 15x200ft belt transect along the northern boundary of the buffer enhancement to investigate survivorship of native plantings and coverage by invasive species. Our findings are as follows. 92% survival of installed plantings 100% survival of installed trees 158% mortality replacement by natural regeneration/recruitment <1% coverage by invasive species/noxious weeds Given the density of mature extant trees and shrubs in the southern portion of the site we did not install additional transects however we feel that the one installed represents the area of the site with the least beneficial/most stressful site conditions, it being more influenced by invasive propagules, more soil compaction due to construction activities, more Tight and less water availability and therefore represents the "worst case" for the project overall. Photopoints and visual observation of the rest of the enhancement area outside of the formalized transect supported the assumption that overall conditions were the same or better than the sample area. Given the success of the installed plantings, high levels of natural recruitment and the relatively low coverage by invasive species we recommend no change to the current maintenance/establishment plan. Watering and invasive control should be conducted for at least one more growing season with a reevaluation to determine if continued establishment work is warranted at the end of the summer of 2021. See following pages for site photos. Sincerely, Justin M. Howell Owner/Principal Photos showing good growth and vigor for evergreen trees and low coverage by invasive species. . ,/ • 'letiOZ.'"'"1,-'0 • i - 1 ' I ' '', r q.„ ..;4' ..7Z ; ; '": i-e-s"..t.--_---A,,i,;;* i..21,..-'.L..•.- ' . ; ...;4,P' •:' ,- 2 , ' ..,4 . ,.''' , ' - • ••.‘ * ; -.1 7 •..... ,,...,f • ...1% ' ' 4 , ' _..... - r_ . .'..-.. •- it- -..:..-.Z-_, ', -„{.'."r'J...;;,.'.,'---1'.-.-L.1,‘f'*::4;. .,'.,;..4 *''' t'. 4-- 4,,l.,2-., '4 '14-,, .''7.?'J;.,„q-tc.... .., _ ,' -- I -!:411-.,c..,- 4, . t.N.". _ 44 ' Ale'. -.• t * ..t.'...'" 'i.."-. N. '• .' . ,-7.-...:..- ^ielt•-•;i1.-, Ir... . Igor. ...,,,e, . ,,,,, s a, ,90.-, .,, • ' 1 '''' . ..iii. .-4.„ .4r. . - -4t• .., . -Jr _ , , • \ =-- --i, - . :..41;;:,-.— .' -1,1- '1,'• . ' ,—• , • * 111 .,-i• ,,„4 .. ,s,01:;4%... — --1‘ ', -',..s' 4" • .• - , • • -: •••"- '4'.. --• - 44, - A. ...;;..., -. :1.- ,.. ....- .. ..,•4 ,-,. 7 i, : :,,....1.n.-1., r''.. ~ *) -,,.. - ;.,i,... --.:- „, • 0 • . ..tr).4: .,--,, • -tt,j- ... 'N 0 . t•4,4;: ' ,., . r .1' • . 1/4„..),,...,'',.., . tO '' IRA - . .. ' ': •,.- -. -; r- t;, - "'" ,- ' — •-- '‘--,,L,. .. . Photo showing strong natural recruitment in the highly modified Northern boundary. Photos taken looking into the site from the NW and NE corners of the site. Both photos show good planting survival (pink/orange flags) and general site conditions including good leaf litter (mulch) and an abundance of large woody debris. The photo on the right illustrates a couple small areas of off -target herbicide damage. City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 206-431-3670 DEVELOPER'S PROJECT WARRANTY REQUEST FORM Section 1 —to be completed by Developer Name of Development: 7/,t /t Wikt- S40) /9 € yQ) c( Pa Key#3 D t8r 7f -h -J Address: 1-/ 7 Oelit g A•CCe$5 Rd Tu)cWiia`WR9f Permit No....-.y'= s-el L(7"a)/ Release should be sent to: Name: Sia 70 el )A is e fa Address: 1. 8o 9D 3 City/State/Zip 5eo.4W7& r WA 98%08 Phone Number: a-1)S�1- Description of items to be completed (reference plans/documents where items are described): , o V041. d M �, �, -FP �ia1i ce firm 4 -or S yez.Y'� . toud c , �►� * 7y 60, x� As the owner, or authorized agent of the owner, I hereby submit cash or cash equivalent in the amount of $ �� ti o2 '�7— (150% of value to complete work above) and attach support documentation for value of work. 1 wi h ve this work carried out and call for a final inspection by this date: zi- A /6 , or risk having the City use these funds to carry out the work with their own contractor or in-house manpower. If 1 fail to carry out the work, I hereby authorize the City to go onto the property and carry out completion of the above deficiencies. I further agree to complete all work listed above prior to requesting inspection and release of these funds. Signed: e rt Title: 0/ U71-Qr/IY) G Section 2 —tobe completed by City staff THIS FUND IS AUT�IORIZEP)TO BE ACCEPTED Signed: Qe4, u^-e f��MM/12r" Department Head: -,,�s� Amount: $ 7 t Ga 0 2, c7n Deposited this Date: '' /6, 0 Cash/Check 0 Cash Assignment A. Bond City Receipt No.: Received By: Section 3—to be completed by Developer All work identified in Section 1 of this form has now been completed and department which authorized warranty. I hereby request inspection and cash/cash equivalent/bond. Developer's Representative: To be completed by City staff I have reviewed the above work and found it acceptable and therefore authorize the release of the above cash/cash equivalent/bond. Inspector: Date: Section 4 — to be completed by City staff returned to release of my ow\ sNio)" Date: Authorized By: Amount Released: $ 0 Check - Check No. 0 Cash Equivalent — Letter attached 0 Bond — Letter attached Date Released: Released by: Y.din and fn ulntrenJ Mi'doclera *prowl .mmA form Crowe' khum. ZOOS PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group MAINTENANCE BOND Bond Number: PB00157000076 KNOW ALL MEN BY THESE PRESENTS: THAT, Pro USA. LLC as Principal and Philadelphia Indemnity Insurance company, a Corporation duly authorized to transact general surety business in the State of WA as Surety, are held and firmly bound unto City of Tukwila for the sum of Seventy Nine Thousand Six Hundred Two Dollars and 00/100 Dollars ($79,602.00 ), lawful money of the United States, for the payment of which, will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firnily by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written contract dated April 9, 2018.with the Obligee for Tukwila Storage Yard 4113 S. Boeing Access Road, Parcel 334840-1890 and; WHERAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of one year from and after the date of acceptance of said work; NOW, THEREFORE, if the said Principal shall for a period of 5 year(s) from and after the date of acceptance of said work, replace any and all defects arising in said work; whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 9th day of April 2018 Pro USA, LLC Principal ,I=3-OV/L Lam_ �iFi Philadelphia Indemnity Insurance Company Surety By Asa Thom , Attorney -in -Fact City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director November 30, 2017 NOTICE OF DECISION To: Alan Robertson, Applicant Daniel Assefa, Contact AGED LLC, Owner Karen Walter, Muckleshoot Indian Tribe Fisheries Division Paul Anderson, State Department of Ecology, NW Regional Office Lauren Swift, Senior Environmental Planner, Sound Transit King County Assessor, Accounting Division State Department of Ecology, SEPA Division This letter serves as a Notice of Decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L17-0016, Special Permission from the Director Applicant: Alan Robertson Type of Permit Applied for: Special permission from the Director for a 50% reduction in the width of a Category III wetland buffer. Project Description: Special permission application for a 50% reduction to the buffer of a Category III wetland. The project includes construction of a paved asphalt area approximately one acre in size to be enclosed with a chain link fence, associated storm drainage improvements, wetland enhancement, and wetland buffer restoration. Access to the site is from a driveway within an easement off Boeing Access Rd. and is proposed to be paved by the applicant as part of this project. Location: 4113 Boeing Access Road (parcel #334840-1890) Associated Files: Comprehensive Plan Designation/Zoning District: E16-0009 (Planned Action SEPA/Environmental Review) PW16-0132 (Public Works Permit) CE14-0439 (Code Enforcement Case Number) Manufacturing Industrial/Heavy (MIC/H) Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Tukwila Storage Yard Special Permission NOD (L17-0016) November 30, 2017 Page 2 II. DECISION SEPA Determination: Planned Action Approval granted on October 17, 2017 under permit number E16-0009. Decision on Substantive Permit: The Community Development Director has determined that the special permission application does comply wiith applicable City and state code requirements and has approved that application, subject to the following conditions: 1. Sensitive area signage shall be installed on the chain link fence to inform and protect the enhanced wetland and wetland buffer areas. 2. The applicant shall obtain all necessary state and federal authorizations for wetland and in -water impacts prior to beginning any ground disturbing activities or vegetation removal. 3. Restoration and enhancement work within the wetland and wetland buffers shall not be dependent upon construction timing for the storage area; restoration and enhancement shall occur prior to construction of the storage yard, and as soon as possible after issuance of this Special Permission. 4. Installation of an appropriately sized water tank for irrigation of the wetland mitigation area shall be provided and shown on revised plans. Location of tank connections and irrigation lines shall also be included. An inspection of these items shall be done as part of the Public Works permit. The irrigation system shall be entirely removed prior to release of the financial security. 5. The property owner shall record the location of the wetland and wetland buffers prior to final inspection of the Public Works permit for construction of the storage yard. 6. A financial guarantee of 150% of the cost of 5 years of maintenance and monitoring of the mitigation area shall be posted to ensure that the mitigation is successful. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the Hearing Examiner of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application, a written notice of appeal must be filed with the Department of Community Development within 14-days of the issuance of this Decision, that is by December 14, 2017. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Tukwila Storage Yard Special Permission NOD (L17-0016) November 30, 2017 Page 3 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition, all hearing examiner costs will be passed through to the appellant. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's final decision. Any party wishing to challenge the Hearing, Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. The City's decision to issue a DNS, an MDNS or an EIS is final for this permit and any other pending permit applications for the development of the subject property. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Jaimie Reavis, who may be contacted at 206-431-3659 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. The notice board must be removed at the expiration of the appeal period if no appeal is filed. Jack i:ce, Director Department of Community Development City of Tukwila Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: Tukwila Storage Yard — Spec Permissions Project Number: L17-0016 Associated File Number (s):E16-0009, PW16-0132, CE14-0439 Date Mailed: 11/30/17 Mailing requested by: JAIMIE R Mailer's signature: ❑ Board of Adjustment Agenda Packet ❑ Notice of Application for ❑ Board of Appeals Agenda Packet Shoreline Mgmt Permit O Determination of Non -Significance DX Notice of Decision ❑ Determination of Significance & Scoping Notice O Mitigated Determination of Non - Significance ❑ Notice of Action ❑ Notice of Application ❑ Notice of Public Hearing ❑ Notice of Public Meeting ❑ Official Notice CX Other: + ATTACHMENTS O Shoreline Mgmt Permit O Short Subdivision Agenda Parties of Record: Alan Robertson, Applicant Daniel Assefa, Contact AGED LLC, Owner Karen Walter, Muckleshoot Indian Tribe Fisheries Division Paul Anderson, State Department of Ecology, NW Regional Office Lauren Swift, Senior Environmental Planner, Sound Transit King County Assessor, Accounting Division State Department of Ecology, SEPA Division From: Jaclyn Adams To: "ECY RE SEPA REGISTER" Cc: )aimie Reavis Subject: L17-0016 Tukwila Storage Yard - Notice of Decision Date: Thursday, November 30, 2017 3:13:00 PM Attachments: 117-0016 NOD.odf Dear SEPA Official, Please find attached a Notice of Decision for L17-0016 Tukwila Storage Yard. This permit is special permissions for a 50% reduction in the width of a category III wetland buffer. This permit is associated with SEPA permit E16-0009. Please feel free to reach out to Project Planner Jaimie Reavis with any questions at Jaimie.Reavis@TukwilaWA.gov or 206-431-3659. Thank you, Jaclyn Adams Administrative Support Specialist' City of Tukwila 6300 Southcenter Bl, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 I F: 206-431-3665 Jaclyn.Adams0TukwilaWA.gov I http://www.TukwilaWA.gov The city of opportunity, the community of choice From: )aclvn Adams To: )aimie Reavis Bcc: "Karen.WalterCalmuckleshoot.nsn.us"; "lauren.swift(aa soundtransit.org"• "Christie.Most kinacountv.gov "oand461Ca1ecv.wa.gov" Subject: L17-0016 Tukwila Storage Yard Notice of Decision Date: Thursday, November 30, 2017 3:13:00 PM Attachments: 1,17-0016 NOD.Ddf Dear Interested Parties, You can find attached the Notice of Decision for L17-0016 Tukwila Storage Yard, Special Permissions Permit. Please feel free to reach out to Project Planner Jaimie Reavis with any questions at Jaimie.Reavis@TukwilaWA.gov or 206-431-3659. Thank you, Jaclyn Adams Administrative Support Specialist' City of Tukwila 6300 Southcenter Bl, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 1 F: 206-431-3665 Jac1yn.AdamsPTukwilaWA.gov I http://www.TukwilaWA.gov The city of opportunity, the community of choice Jaclyn Adams From: Jaclyn Adams Sent: Thursday, November 30, 2017 3:14 PM To: 'arobertson@nai-psp.com' Cc: Jaimie Reavis Subject: L17-0016 Tukwila Storage Yard Notice of Decision Dear Mr. Alan Robertson, You can use the Zink below to view the Notice of Decision for L17-0016 Tukwila Storage Yard , Special Permission from Director. This notice includes several relevant attachments: The original and revised Wetland Buffer Reduction and Enhancement Plan, Construction Plans, and Notice of Application comments and responses. https://tukwilawa.sharepoint.com/:b:/s/departmentofcommunitydevelopment/DCDPlanning/ESduoOLenK5Bt PFN nyVCXz0BFA8ik7y6krI100KdYHg96w?e=4703f01e2d674bc08a16e2e7db063f90 Please note that the approval of this permit does not authorize construction of the project and the Special Permission and Public Works permits are still under review. Please feel free to reach out to Project Planner Jaimie Reavis with any questions at Jaimie.Reavis@TukwilaWA.gov or 206-431-3659. Thank you, Jaclyn Adams Administrative Support Specialist' City of Tukwila 6300 Southcenter Bl, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 I F: 206-431-3665 Jaclyn.Adams@TukwilaWA.gov I http://www.TukwilaWA.gov The city of opportunity, the community of choice 1 Jaclyn Adams From: Jaclyn Adams Sent: Thursday, November 30, 2017 3:14 PM To: 'daniel@pro-usa-Ilc.com' Cc: Jaimie Reavis Subject: L17-0016 Tukwila Storage Yard Notice of Decision Dear Mr. Daniel Assefa, You can use the link below to view the Notice of Decision for L17-0016 Tukwila Storage Yard , Special Permission from Director. This notice includes several relevant attachments: The original and revised Wetland Buffer Reduction and Enhancement Plan, Construction Plans, and Notice of Application comments and responses. https://tukwilawa.sharepoint.com/:b:/s/departmentofcommunitydevelopment/DCDPIanning/ESduo0LenK5BtPFNnyVCX z0BFA8ik7y6krIJ00KdYHg96w?e=4703f01e2d674bc08a16e2e7db063f90 Please note that the approval of this permit does not authorize construction of the project and the Special Permission and Public Works permits are still under review. Please feel free to reach out to Project Planner Jaimie Reavis with any questions at Jaimie.Reavis@TukwilaWA.gov or 206-431-3659. Thank you, Jaclyn Adams Administrative Support Specialist' City of Tukwila 6300 Southcenter Bl, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 I F: 206-431-3665 jaclyn.Adams@TukwilaWA.gov I http://www.TukwilaWA.gov The city of opportunity, the community of choice 1 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE DIRECTOR November 28, 2017 FILE NUMBER: L17-0016 APPLICANT: Alan Robertson for Daniel Assefa (AGED LLC) REQUEST: Type 2 Special Permission request to the Director for a 50% reduction to the buffer of a Category III wetland for construction of an outdoor contractor's storage yard. LOCATION: 4113 Boeing Access Road (parcel #334840-1890) SEPA DETERMINATION: Planned Action Approval granted on October 17, 2017 under permit number E16-0009. COMPREHENSIVE PLAN DESIGNATION: Manufacturing Industrial Center/Heavy (MIC/H) ZONING DESIGNATION: Manufacturing Industrial Center/Heavy (MIC/H) STAFF: Jaimie Reavis, Senior Planner; Andrea Cummins, Urban Environmentalist ATTACHMENTS: 1) Wetland Buffer Reduction and Enhancement Plan prepared by Altman Oliver Associates, including: a) the original dated July 25, 2016; and b) the revised version dated December 2, 2016 2) Project plans submitted for Public Works permit PW16-0132 3) Notice of Application comments and responses PROJECT DESCRIPTION Alan Robertson, on behalf of Daniel Assefa (AGED LLC), has submitted a request for a Type 2 Special Permission from the Director for a 50% reduction to the buffer of a Category III wetland, and SEPA Planned Action review for construction of an outdoor contractor's storage yard. The project includes construction of a paved asphalt area approximately one acre in size to be enclosed with a chain Zink fence, associated storm drainage improvements, wetland enhancement, and wetland buffer restoration. Access to the site is from a driveway within an easement off Boeing Access Rd, and is proposed to be paved by the applicant as part of this project. BACKGROUND The site of the proposed construction storage yard is located on the south side of Boeing Access Road, in between Interstate 5 and the Boeing Northern Santa Fe (BNSF) railyard. A large portion of the site is within a mapped wetland as per the City's Sensitive Areas Ordinance maps. A small parcel located in between Boeing Access Road and the project site is owned by Sound Transit and is occupied overhead by the Link Light Rail guideway structure. The parcel slopes down from the grade of Boeing Access Road and was planted with native species plantings by Sound Transit as part of light rail construction. The wetlands located on the project site are mapped as Category III wetlands and have an 80-foot buffer per the City's Environmentally Sensitive Areas regulations (TMC 18.45.080). Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Page 2 The project site is currently degraded due to a history of illegal fill, including activities in 2014 which initiated a code enforcement case. This project includes mitigation to address the 2014 code enforcement violations as well as mitigation in exchange for a 50% reduction to the 80-foot wetland buffer. DECISION CRITERIA This report provides an overview of project consistency with applicable criteria for allowed uses in sensitive areas, followed by discussion of the mitigation plan, comments, conclusions, and recommendations. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 3 Criteria Staff Analysis 18.45.070 Sensitive Area Permitted Uses B. PERMITTED USES SUBJECT TO ADMINISTRATIVE REVIEW. The following uses may be permitted only after administrative review and approval by the Director: 2. New surface water discharges to sensitive areas or their buffers from detention facilities, pre -settlement ponds or other surface water management structures may be allowed provided that the discharge meets the clean water standards of RCW 90.48 and WAC 173.200 and 173.201 as amended, and does not adversely affect water level fluctuations in the wetland or adversely affect watercourse habitat and watercourse flow conditions relative to the existing rate. Water quality monitoring may be required as a condition of use. 3. Bioswales and dispersion outfalls are the only storm water facilities allowed in wetland or watercourse buffers. Water quality monitoring may be required as a condition of use. 4. Enhancement or other mitigation including landscaping with native plants. 6. Public/Private Use and Access a. Vegetative edges, structural barriers, signs, or other measures must be provided wherever necessary to protect sensitive areas and their buffers by limiting access to designated public use or interpretive areas. b. Access trails and footbridges must incorporate design features and materials that protect water quality and allow adequate surface water and groundwater movement. Trails must be built of permeable materials. c. Access trails and footbridges must be located where they do not disturb nesting, breeding and rearing areas and must be designed so that sensitive plant and critical wildlife species are protected. Trails and footbridges must be placed so as to not cause erosion or sedimentation, destabilization of watercourse banks, interference with fish passage or significant removal of native vegetation. Footbridges must be anchored to prevent their movement due to water level or flow fluctuations. Any work in the wetland or stream The proposed use, outdoor contractor's storage yard for storage of dump trucks and construction equipment, is a permitted use within the MIC/H zoning district, but it is not a use that is permitted within the wetland buffer area. The applicant is requesting a variation of the standard wetland buffer width to allow the proposed use within the outer half of the buffer area in exchange for wetland buffer mitigation in the first half of the wetland buffer adjacent to the wetland. This staff report contains a discussion of project consistency with the review criteria for approval of a variation to the buffer width, under TMC 18.45.080 (F). The buffer area to remain after the proposed reduction is 40 feet wide, with an additional 10-foot setback area of the paved area from the edge of the reduced wetland buffer. A bioswale is proposed in between the reduced wetland buffer area and the new pavement area of the construction storage yard. Surface water from the paved area of the storage yard will be collected in catch basins located at the southwestern corner of the yard. Stormwater is proposed to flow from the catch basins, through the oil/water separator, to the bioswale, wetland, and ultimately, the Duwamish River. All discharges are required to meet state water quality standards and be controlled so as not to affect the hydrology of the wetland. The wetland and the reduced buffer will be enhanced with native trees and shrubs, which will improve these areas over existing conditions. A chain link fence is proposed to separate the storage yard from the reduced wetland buffer area. As a condition of approval, sensitive area signage shall be installed on the chain link fence to inform and protect the Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 4 below the OHWM will require additional federal and state permits. Dredging, Digging or Filling. a. Dredging, digging or filling within a sensitive area or its buffer may occur only with the permission of the Director and only for the following purposes: (1) Uses permitted by TMC Sections 18.45.080, 18.45.090, 18.45.110, 18.45.130; (2) Maintenance of an existing watercourse; (3) Enhancement or restoration of habitat in conformance with an approved mitigation plan identified in a sensitive area study; (4) Natural system interpretation, education or research when undertaken by, or in cooperation with, the City; (5) Flood control or water quality enhancement by the City; (6) Maintenance of existing water quality controls, for normal maintenance needs and for any diversion, rerouting, piping or other alteration permitted by TMC Chapter 18.45; Removal of Hazardous Trees. Only hazardous trees, as defined in Chapter 18.06.395, may be removed from a sensitive area. In cases where the hazard is not obvious, an assessment by an arborist certified by the International Society of Arborists may be required by the Director. Tree replacement in accordance with TMC Chapter 18.54 is required for any hazardous tree removed from a sensitive area. Dead trees may not be removed, unless they present a hazard to public safety or structures. enhanced wetland and wetland buffer areas. No public access to the sensitive area is proposed. The only access required into the site is for maintenance of plantings. The proposal includes enhancement within the wetland area. As a condition of approval, the applicant shall obtain all required federal and state permits for wetland and in -water impacts prior to beginning any ground disturbing activities or vegetation removal. Fill material) will be removed from the buffer and wetland to the extent possible without impacting the existing trees, which will be retained. Compost, at a depth of 4 inches, will be tilled into areas where fill and/or non- native vegetation was removed to improve planting and soil conditions. As a condition of approval, restoration and enhancement work shall occur prior to construction of the construction storage yard as soon as possible after issuance of this Special Permission. Many of the existing trees will be retained to the extent possible in Area 4, see Mitigation Plan. These decisions will be made in the field by a qualified biologist. 18.45.080 Wetlands Designations, Ratings, and Buffers A. WETLAND DESIGNATIONS. 1. For the purposes of TMC Chapter 18.45, "wetlands" are defined in the Definitions chapter of this title. A wetland boundary is the line delineating the outer edge of a wetland established by using the approved federal wetland delineation manual and applicable regional supplements. 2. Wetland determinations and delineation of wetland boundaries shall be made by a qualified professional, as described in TMC Section 18.45.040. 3. Wetland areas within the City of Tukwila have certain characteristics and functions and have been influenced by urbanization and related disturbances. Wetland functions include, but are not limited to, the Wetland boundaries were established in the field in July 2015 during an onsite visit with the project biologist, the City's current Urban Environmentalist, and a former City Urban Environmentalist who was familiar with the site. Delineation was difficult due to the greatly disturbed soil conditions —the site was subject to a previous wetland fill (in approximately 1990) and a buffer impact code enforcement action in 2014. The project will incorporate buffer restoration required to become in compliance with the code enforcement action. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 5 following: a. Improving water quality; b. Maintaining hydrologic functions (reducing peak flows, decreasing erosion, groundwater recharge, flood storage); and c. Providing habitat for plants, mammals, fish, birds, and amphibians. WETLAND BUFFERS — A buffer area shall be established adjacent to designated wetland areas. The purpose of the buffer area shall be to protect the integrity and functions of the wetland area. Any land alteration must be located out of the buffer areas as required by this section. Wetland buffers are intended in general to: 1. Minimize long-term impacts of development on properties containing wetlands; 2. Protect wetlands from adverse impacts during development; 3. Preserve the edge of the wetland and its buffer for its critical habitat value; 4. Provide an area to stabilize banks, to absorb overflow during high water events and to allow for slight variation of aquatic system boundaries over time due to hydrologic or climatic effects; 5. Reduce erosion and increased surface water runoff; 6. Reduce loss of or damage to property; 7. Intercept fine sediments from surface water runoff and serve to minimize water quality impacts; and 8. Protect the sensitive area from human and domestic animal disturbances. An undisturbed sensitive area or buffer may substitute for the yard setback and landscape requirements of the TMC Chapter 18.50 and 18.52. WETLAND BUFFER WIDTHS —The following standard buffers shall be established from the wetland edge: Category I and II Wetland: 100-foot buffer. Category III Wetland: 80-foot buffer. The wetland located on the southern portion of the development site is designated as a Category III wetland, which requires an 80ft buffer under TMC 18.45.080.D. Per the Wetland Ratings section of 18.45.080.B, "Category III wetlands have a moderate level of functions (scores between 30 and 50 points). Wetlands scoring between 30-50 points generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands." BUFFER SETBACKS — 1. All commercial and industrial buildings shall be set back 15 feet and all other development shall be set back 10 feet from the buffer's edge. The building setbacks shall be measured from the foundation to the buffer's edge. Building plans shall also identify a 20-foot area beyond the buffer setback within which the impacts of development will be reviewed. The required buffer setback for the property is an additional 10 feet as required in TMC 18.45.080.E. The paved area of the storage yard and associated chain link fence are proposed to be set back 10 feet from the reduced wetland buffer. The bioswale which is proposed to collect stormwater which has Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 6 2. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer from construction or occasional maintenance activities (see TMC Figure 18-2) VARIATION OF STANDARD WETLAND BUFFER WIDTH — 1. The Director may reduce the standard wetland buffers only where the buffer conditions are currently degraded (due to existing development within the prescribed buffer width, the presence of significant amount of invasive vegetation that impairs buffer function, and/or lack of native vegetation) on a case -by -case basis, provided the remaining buffer is enhanced and the buffer does not contain slopes 15% or greater. 2. Buffer reduction with enhancement may be allowed by the Director as a Type 2 permit with an approved buffer enhancement plan prepared by a qualified wetland biologist, if: a. Additional protection to wetlands will be provided through the implementation of a buffer enhancement plan; b. The existing condition of the buffer is degraded; and c. Buffer enhancement includes, but is not limited to the following: (1) Planting vegetation that would increase value for fish and wildlife habitat or improve water quality or hydrology; (2) Enhancement of wildlife habitat by incorporating structures that are likely to be used by wildlife, including wood duck boxes, bat boxes, snags, root wads/stumps, birdhouses and heron nesting areas; or (3) Removing non-native plant species and noxious weeds from the buffer area and replanting the area subject to 2.c. (1) above. 3. Buffers for all types of wetlands will be increased when they are determined to be particularly sensitive to disturbance or the proposed development will create unusually adverse impacts. Any increase in the width of the buffer shall be required only after completion of a wetland study by a qualified wetlands specialist or expert that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the been filtered through the oil/water separator is located within the 10-foot setback area between the wetland buffer and the paved area of the storage yard. All other improvements for the storage yard are located at least 10 feet from the outer edge of the 40-foot reduced wetland buffer. The applicant is requesting a 50% buffer reduction, from 80ft to 40ft to allow sufficient room for development. The current buffer is degraded, from the recent impact as well as from invasive vegetation and past dumping. The area is covered by Himalayan Blackberry plants, fill, and garbage, which are proposed to be removed. There are no significant slopes in the existing buffer. A buffer enhancement plan has been prepared by a qualified wetland biologist and will improve buffer and wetland function from the current degraded conditions. Native trees and shrubs proposed to be planted will improve wildlife habitat and water quality. Non-native plant species will be removed from the buffer and areas within the wetland. Monitoring of the buffer enhancement will be required for 5 years. Annual reports will be required to be submitted to DCD every year, and maintenance will be conducted on a routine basis as needs are identified. Contingency actions, such as replanting, will be conducted as required. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 7 demonstrated potential for significant adverse impacts upon the wetland that can be mitigated by an increased buffer width; or; b. The area serves as a habitat for endangered, threatened, sensitive or monitor species listed by the federal government or the State. 4. Every reasonable effort shall be made to maintain the existing viable native plant life in the buffers. Vegetation may be removed from the buffer as part of an enhancement plan approved by the Director. Enhancements will ensure that slope stability and wetland quality will be maintained or improved. Any disturbance of the buffers for wetlands shall be replanted with a diverse plant community of native northwest species that are appropriate for the specific site as determined by the Director. If the vegetation must be removed, or because of the alterations of the landscape the vegetation becomes damaged or dies, then the applicant for a permit must replace existing vegetation along wetlands with comparable specimens, approved by the Director, which will restore buffer functions within five years. The Director shall require subsequent corrective actions and long-term monitoring of the project if adverse impacts to regulated wetlands or their buffers are identified. 18.45.090 Wetlands Uses, Alterations and Mitigation A. No use or development may occur in a Category I, Category II, Category III or Category IV wetland or its buffer except as specifically allowed by TMC Chapter 18.45. Any use or development allowed is subject to review and approval by the Director. Where required, a mitigation plan must be developed and must comply with the standards of mitigation required in TMC Chapter 18.45. In addition, federal and/or state authorization is required for direct impacts to waters of the United States or the State of Washington. This project involves development of a paved storage area within the buffer area of a Category III wetland. The applicant has requested a 50% wetland buffer reduction in exchange for wetland mitigation within the remaining area of the wetland buffer. Additionally, enhancement within the wetland are proposed to mitigate for clearing of vegetation and fill that was dumped within the buffer area; activities which resulted in code enforcement action against the property. A mitigation plan has been prepared and reviewed as part of this application. The applicant has been notified by staff of the requirement to obtain federal and state permits for work within the wetland area, and shall be responsible for obtaining necessary federal and state authorizations. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 8 ALTERATIONS 1. Alterations to wetlands are discouraged and are limited to the minimum necessary for project feasibility. Requests for alterations must be accompanied by a mitigation plan, are subject to Director approval, and may be approved only if the following findings are made: a. The alteration will not adversely affect water quality; b. The alteration will not adversely affect fish, wildlife, or their habitat; c. The alteration will not have an adverse effect on drainage and/or storm water detention capabilities; Historic fill, debris, trash and invasive plants will be removed from parts of the wetland to facilitate enhancement planting. This alteration will improve the currently degraded conditions. C. MITIGATION SEQUENCING — Applicants shall demonstrate that reasonable efforts have been examined with the intent to avoid and minimize impacts to wetlands and wetland buffers. When an alteration to a wetland or its required buffer is proposed, such alteration shall be avoided, minimized or compensated for in the following order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing wetland and wetland buffer impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or 6. Monitoring the impact and taking appropriate corrective measures. The proposed usage of the site is not feasible without a buffer reduction. Enhancement of the wetland and its remaining 40ft buffer will improve current conditions. Maintenance and monitoring of the site will take place for a period of five years to ensure success. Corrective measures will be taken as warranted. D. WETLAND MITIGATION PLAN CONTENT. 1. The mitigation plan shall be developed as part of a sensitive area study by a specialist approved by the Director. Wetland and/or buffer alteration or relocation may be allowed only when a mitigation plan clearly demonstrates that the changes would be an improvement of wetland and buffer quantitative and qualitative functions. The plan shall follow the performance standards of TMC Chapter 18.45 and show how water quality, wildlife and fish habitat, and general wetland quality would be improved. 2. The scope and content of a mitigation plan shall be decided on a case -by -case basis taking into account the A wetland/buffer mitigation plan has been submitted by a qualified wetland biologist, which includes mitigation goals, performance standards, planting/construction plans, monitoring protocols, and contingency measures. Proposal includes: 1) removal of 21,819 square feet of non- native species within the remaining 40ft buffer and inside of the wetland, by hand and by machine as required 2) removal of fill and garbage from approximately 10,000 square feet of buffer Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 9 degree of impact and the extent of the mitigation measures needed. As the impacts to the sensitive area increase, the mitigation measures to offset these impacts will increase in number and complexity. 3. For wetlands, the format of the mitigation plan should follow that established in Wetland Mitigation in Washington State, Part 2 — Developing Mitigation Plans (Washington Department of Ecology, Corps of Engineers, EPA, March 2006 or as amended). 4. The components of a complete mitigation plan are as follows: a. Baseline information of quantitative data collection or a review and synthesis of existing data for both the project impact zone and the proposed mitigation site. b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should include a description of site selection criteria, identification of target evaluation species and resource functions. c. Performance standards of the specific criteria for fulfilling environmental goals and for beginning remedial action or contingency measures. They may include water quality standards, species richness and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. d. A detailed construction plan of the written specifications and descriptions of mitigation techniques. This plan should include the proposed construction sequence and construction management, and be accompanied by detailed site diagrams and blueprints that are an integral requirement of any development proposal. e. A monitoring and/or evaluation program that outlines the approach for assessing a completed project for the specified monitoring period. An outline shall be included that spells out how the monitoring data will be evaluated by agencies that are tracking the mitigation project's progress. f. Contingency plan identifying potential courses of action and any corrective measures to be taken when monitoring or evaluation indicates project performance standards have not been met. g. Performance security or other assurance devices as described in TMC Section 18.45.210. and wetland to the extent possible without adverse impact to existing deciduous forest 3) retention of existing deciduous forest trees in approximately 16,000 square feet of buffer and wetland 4) placement of soil amendment to a depth of 3"-6" depending on area. 5) replanting of 44 native trees and 449 native shrubs 6) installation of an above -ground temporary irrigation system for three years of plant establishment. Irrigation system shall be entirely removed prior to release of financial security. 7) applicant will submit an as -built plan prior to final acceptance of construction and beginning of monitoring period. The wetland/buffer mitigation plans submitted with this permit and the construction plans submitted with the Public Works permit to date (PW16-0132) do not show the location of the water tank proposed to provide irrigation to mitigation areas, and/or how water from the tank will be connected to the mitigation areas. As a condition of approval, installation of an appropriately sized water tank for irrigation of the wetland mitigation area shall be provided and shown on revised plans. The location of tank connections and irrigation lines shall also be included. An inspection of these items shall be done as part of the Public Works permit. A financial security of 150% of the cost of maintenance and monitoring of the mitigation area over the 5-year period will be required to be submitted to the City prior to groundbreaking activity. Mitigation shall be implemented prior to construction of the paved storage area as,a condition of approval of this permit. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 10 MITIGATION STANDARDS. 1. Types of Wetland Mitigation: a. Mitigation for wetlands shall follow the mitigation sequencing steps in this chapter and may include the following types of actions: (1) Restoration: a) Re-establishment. The manipulation of the physical, chemical or biological characteristics of a site with the goal of restoring wetland functions to a former wetland, resulting in a net increase in wetland acres and functions; b) Rehabilitation. The manipulation of the physical, chemical or biological characteristics of a site with the goal of repairing historic functions and processes of a degraded wetland, resulting in a gain in wetland functions but not acreage; (2) Creation (establishment). The manipulation of the physical, chemical or biological characteristics to develop a wetland on an upland or deepwater site, where a biological wetland did not previously exist; (3) Enhancement. The manipulation of the physical, chemical or biological characteristics to heighten, intensify, or improve specific functions (such as vegetation) or to change the growth stage or composition of the vegetation present, resulting in a change in wetland functions but not in a gain in wetland acreage. (4) A combination of the three types. b. Required mitigation ratios are described in TMC Section 18.45.090.E.b.(1). Alternate mitigation ratios may be accepted by the Director upon presentation of justification based on best available science that shows the proposed compensation represents a roughly proportional exchange for the proposed impacts. (2) Alterations to Category III wetlands are prohibited except where unavoidable and mitigation sequencing in accordance with this chapter has been utilized and where mitigation is carried out in accordance with the standards in the section. Mitigation for any alteration to a Category III wetland must be provided at a ratio of 2:1 for creation or re-establishment, 4:1 for rehabilitation and 8:1 for enhancement alone. The types of wetland mitigation proposed with this application iinclude rehabilitation of the existing wetland and buffer to repair functions and processes, and enhancement of the wetland buffer area to change the composition of the vegetation present to add a diversity of plantings. Mitigation ratios do not apply to the current proposal, since development of the site does not involve alteration to the wetland. Wetland rehabilitation and enhancement is proposed to compensate for the code enforcement violation on the site and the time it has taken for the property owner to implement corrective mitigation measures. F. WETLAND AND BUFFER MITIGATION LOCATION. 1. In instances where portions of a wetland or wetland buffer impacted by development remain, mitigation for The wetland buffer mitigation for buffer reduction will be conducted on site. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 11 buffer impacts shall be provided on -site. Where an essential public road, street or right-of-way or essential public utility cannot avoid reducing a buffer by more than 50%, additional buffer enhancement must be carried out at other locations around the impacted wetland. G. MITIGATION TIMING — Mitigation projects shall be completed prior to activities that will permanently disturb wetlands and either prior to or immediately after activities that will temporarily disturb wetlands. Construction of mitigation projects shall be timed to reduce impacts to existing wildlife, flora and water quality, and shall be completed prior to use or occupancy of the activity or development. The Director may allow activities that permanently disturb wetlands prior to implementation of the mitigation plan under the following circumstances: 1. To allow planting or re -vegetation to occur during optimal weather conditions; 2. To avoid disturbance during critical wildlife periods; or 3. To account for unique site constraints that dictate construction timing or phasing. Wetland and buffer enhancement will be required to occur prior to paving and grading of the storage yard. 18.45.200 Recording Required The property owner receiving approval of a use or development permit pursuant to TMC Chapter 18.45 shall record the City -approved site plan, clearly delineating the wetland, watercourse, areas of potential geologic instability or abandoned mine and their buffers designated by TMC Sections 18.45.080, 18.45.090, 18.45.100, 18.45.120, 18.45.140 and 18.45.150 with the King County Division of Records and Elections. The face of the site plan must include a statement that the provisions of TMC Chapter 18.45, as of the effective date of the ordinance from which TMC Chapter 18.45 derives or is thereafter amended, control use and development of the subject property, and provide for any responsibility of the property owner for the maintenance or correction of any latent defects or deficiencies. As a condition of approval, the property owner shall record the location of the wetland and wetland buffers prior to final inspection of the Public Works permit for construction of the storage yard. 18.45.210 Assurance Device A. In appropriate circumstances, such as when mitigation is not completed in advance of the project, the Director may require a letter of credit or other security device acceptable to the City to guarantee performance and maintenance requirements of TMC Chapter 18.45. All assurances shall be on a form approved by the City Attorney and be equal to A financial guarantee of 150% of the cost of 5 years of maintenance and monitoring will be posted to ensure that the mitigation is successful and fully implemented. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 12 150% of the cost of the labor and materials for implementation of the approved mitigation plan. B. When alteration of a sensitive area is approved, the Director may require an assurance device, on a form approved by the City Attorney, to cover the cost of monitoring and maintenance costs and correction of possible deficiencies for five years. In the event that more than five years monitoring and maintenance is required, the amount of security required will be for the first five years and years 7 and 10. If at the end of five years performance standards are not being achieved, an increase in the security device may be required by the Director. When another agency requires monitoring beyond the City's time period, copies of those monitoring reports shall be provided to the City. C. The assurance device shall be released by the Director upon receipt of written confirmation submitted to the Department from the applicant's qualified professional that the mitigation or restoration has met its performance standards and is successfully established. Should the mitigation or restoration meet performance standards and be successfully established in the third or fourth year of monitoring, the City may release the assurance device early. The assurance device may be held for a longer period, if at the end of the monitoring period, the performance standards have not been met or the mitigation has not been successfully established. In such cases, the monitoring period will be extended, and the bond held until the standards have been met. D. Release of the security does not absolve the property owner of responsibility for maintenance or correcting latent defects or deficiencies or other duties under law. COMMENTS A Notice of Application was distributed by mail on March 29, 2017, to owners and tenants of properties within 500 feet of the project site, as well as agencies that may have an interest in the project. The Notice of Application was also posted on the project site. Three comments were received in response to the Notice of Application, from the Washington State Department of Ecology, Sound Transit, and the Muckleshoot Indian Tribe. These comments are attached, along with City of Tukwila and applicant's responses to the comments. Conditions below requiring the applicant to obtain all necessary state and federal permits and to complete installation of the mitigation prior to construction of the storage yard have been added to address comments from the Department of Ecology and the Muckleshoot Indian Tribe. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 13 CONCLUSIONS 1. The proposed use of the site as a contractor's storage yard for storage of dump trucks and construction equipment is permitted within the underlying zoning district. The area of the yard proposed within the buffer of a Category III wetland cannot be allowed without approval of a variation to the standard 80- foot wetland buffer width. The applicant is requesting a 50% reduction to the width of the buffer. 2. The applicant is proposing to rehabilitate and enhance the remaining area of the wetland buffer. Fill previously dumped within the wetland buffer area will be removed, along with invasive species plants. Existing trees will be retained. The wetland and reduced buffer area will be enhanced with native trees and shrubs, which will result in an improvement over existing conditions. A chain link fence separating the storage yard from the buffer area shall include sensitive area signage to inform and protect the enhanced wetland and wetland buffer areas. 3. Any work within the wetland requires additional federal and state permits. The applicant has been informed of this requirement; all necessary state and federal authorizations for wetland and in -water impacts shall be obtained by the applicant prior to beginning any ground disturbing activities or vegetation removal. 4. The wetland buffer on site was subject to code enforcement actions in 2014 due to vegetation clearing and dumping of illegal fill within the wetland buffer. At the time of the code violation, Tukwila agreed with the applicant that the mitigation plan could be submitted with construction permits for the storage yard. However, construction permits for the project were not submitted for two years after the code violation occurred. As a condition of approval, the restoration and enhancement work proposed within the mitigation plan for this permit shall occur prior to construction of the storage yard, as soon as possible after issuance of this Special Permission decision. 5. Installation of appropriately sized water tank for irrigation of the wetland mitigation area shall be provided and shown on revised plans. Location of tank connections and irrigation lines shall also be included. An inspection of these items shall be done as part of the Public Works permit. The irrigation system shall be entirely removed prior to release of the financial security. 6. The wetland/buffer mitigation plans submitted with this permit and the construction plans submitted with the Public Works permit to date (PW16-0132) do not show the location of the water tank proposed to provide irrigation to mitigation areas, and/or how water from the tank will be connected to the mitigation areas. 7. TMC section 18.45.200 requires that the property owner receiving approval of a use or development permit pursuant to TMC Chapter 18.45 record the City -approved site plan which clearly delineates the wetland and its buffer with the King County Division of Records and Elections. Additionally, the face of the site plan must include a statement that the provisions of TMC Chapter 18.45 control use and development of the subject property and provide for any responsibility of the property owner for the maintenance or correction of any latent defects or deficiencies. As a condition of approval, this recording shall occur prior to final inspection of the Public Works permit for the storage yard. 8. The wetland located on the property is a Category III wetland, with an associated 80-foot buffer. The applicant is requesting a 50% buffer reduction, to reduce the buffer width from 80-feet to 40-feet to construct a portion of the storage yard within the outer area of the buffer in exchange for enhancement and restoration in the remaining area of the buffer. The storage yard shall be set back a minimum of 10 feet from the edge of the reduced buffer area to meet the buffer setback requirement. 9. The existing condition of the buffer is degraded, and a buffer enhancement plan has been prepared by a qualified wetland biologist and will improve buffer and wetland function from the current degraded conditions. A 5-year maintenance and monitoring period will be required once the wetland mitigation is Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Page 14 completed. Annual reports will be required to be submitted to DCD every year, and contingency actions, such as replanting, will be conducted as needed based on staff evaluation of the annual report and an annual site inspection. As a condition of approval, a financial guarantee of 150% of the cost of 5 years of maintenance and monitoring will be posted to ensure that the mitigation is successful. RECOMMENDATIONS Staff recommends approval of the Special Permission permit for a 50% reduction to the buffer of a Category III wetland, wetland buffer mitigation, and for wetland enhancement with the following conditions: 1. Sensitive area signage shall be installed on the chain link fence to inform and protect the enhanced wetland and wetland buffer areas. 2. The applicant shall obtain all necessary state and federal authorizations for wetland and in -water impacts prior to beginning any ground disturbing activities or vegetation removal. 3. Restoration and enhancement work within the wetland and wetland buffers shall not be dependent upon construction timing for the storage area; restoration and enhancement shall occur prior to construction of the storage yard, and as soon as possible after issuance of this Special Permission. 4. Installation of an appropriately sized water tank for irrigation of the wetland mitigation area shall be provided and shown on revised plans. Location of tank connections and irrigation lines shall also be included. An inspection of these items shall be done as part of the Public Works permit. The irrigation system shall be entirely removed prior to release of the financial security. 5. The property owner shall record the location of the wetland and wetland buffers prior to final inspection of the Public Works permit for construction of the storage yard. 6. A financial guarantee of 150% of the cost of 5 years of maintenance and monitoring of the mitigation area shall be posted to ensure that the mitigation is successful. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov Altmann Oliver Associates, LLC PO BM' 578 Carnation, W\ 98014 Office (425) 333-l535 Fax (425) 333-1509 July 25, 2016 ,RECEIVED Environmental Planning & Landscape Architecture AUG 18 2016 AOA-4748 Daniel Assefa PRO USA, LLC TUKWILA PO Box 80903 PUBLIC WORKS Seattle, WA 98108 SUBJECT: Tukwila Storage Yard — 4113 S. Boeing Access Road Parcel 334840-1890, Tukwila, WA (City File CE14-0439) Wetland Buffer Reduction and Enhancement Dear Daniel: 1.0 Background The northern edge of the wetland located on the project site was delineated in July of 2015 and subsequently surveyed. This wetland has been determined to be a Category III wetland by the City of Tukwila. Category III wetlands require a standard 80-foot buffer per TMC 18.45.080.D. The buffer also requires an additional 10-foot development setback from the buffer per TMC 18.45.080.E. The wetland and wetland buffer on the site has been historically degraded through significant filling and grading activities. More recent clearing and grading has occurred in the buffer as part of the subject code enforcement case. We have prepared a buffer and wetland enhancement plan for the project (Figures 1 through 8). The purpose of this plan is to: 1) allow for a reduction of the standard buffer per TMC 18.45.080.F and 2) restore the impacted buffer area to close the code enforcement case. 2.0 Proposed Proiect The proposed project consists of the construction of an outdoor truck storage yard. Due to the heavily disturbed and degraded condition of the wetland and buffer in the vicinity of the proposed project, an enhancement plan has been prepared to allow for the reduction of the standard 80-foot buffer down to 40 feet per TMC 18.45.080.E. As part of the enhancement plan, fill material and invasive non-native species would be removed and the area re -planted with a wide variety of native species to increase the plant species and structural diversity of the wetland and buffer over existing conditions. #Ptol(p.w013a Daniel Assefa July 25, 2016 Page 2 These plantings would increase the wildlife habitat of the area while also providing increased screening to the wetland from the storage yard. In addition, a water quality treatment area has been designed for the area adjacent the enhanced buffer. This stormwater facility would treat runoff from the storage yard prior to discharge into the buffer and wetland. 3.1 Goal, Objectives, and Performance Standards for Enhancement Area T �e C The primary goal of the enhancement plan is to increase the habitat and protective V functions of the buffer on the site over current conditions. To meet this goal, the CO eyt4[,e„ following objectives and performance standards have been incorporated into the design of the plan: Objective A: Increase the structural and plant species diversity within the enhancement areas. Performance Standard: There will be 100% survival of all woody planted species throughout the enhancement area at the end of the first year of planting. Following Year 1, success will be based on an 80% survival rate. Areal coverage of plantings or native re -colonized species will be at least 15% at Year 1, 20% at Year 2, 30% at Year 3, and 50% at Year 5. Objective B: Limit the amount of invasive and exotic species within the enhancement area. Performance Standard: After construction and following every monitoring event for a period of at least five years, exotic and invasive plant species will be maintained at levels below 10% total cover in all planted areas. These species include, but are not limited to, Himalayan and evergreen blackberry, reed canarygrass, Japanese knotweed, English ivy, thistle, and creeping nightshade. 3.2 Construction Management Prior to commencement of any work in the enhancement area, the clearing limits will be staked and all existing vegetation to be saved will be clearly marked. A pre - construction meeting will be held at the site to review and discuss all aspects of the project with the landscape contractor and/or the owner. A consultant will supervise plan implementation during construction to ensure that objectives and specifications of the enhancement plan are met. Any necessary significant modifications to the design that occur as a result of unforeseen site conditions will be jointly approved by the City of Tukwila and the consultant prior to their implementation. 3.3 Monitoring Methodology The monitoring program will be conducted for a period of five years, with the submittal of annual reports. Permanent vegetation sampling plots will be established to monitor the general appearance, health, mortality, colonization rates, percent cover, percent survival, volunteer plant species, and invasive weeds. Daniel Assefa July 25, 2016 Page 3 Photo -points will be established from which photographs will be taken throughout the monitoring period. These photographs will document general appearance and progress in plant community establishment in the enhancement area. Review of the photos over time will provide a visual representation of success of the plan. 3.4 Maintenance Plan Maintenance will be conducted on a routine, year round basis. Additional maintenance needs will be identified and addressed following periodic maintenance reviews. Contingency measures and remedial action on the site shall be implemented on an as -needed basis at the direction of the consultant or the owner. Routine maintenance of planted trees shall be performed. Measures include resetting plants to proper grades and upright positions. Tall grasses and other competitive weeds shall be weeded at the base of plants to prevent engulfment. Woody plants shall only be pruned at the direction of the consultant or to remove pest infestations. Routine removal and control of non-native and other invasive plants (e.g., Himalayan and evergreen blackberry, Japanese knotweed, English ivy, thistle and creeping nightshade) should be performed by manual means whenever possible. Undesirable and weedy exotic plant species shall be maintained at levels below 10% total cover within any given stratum at any time during the five-year monitoring period. 3.5 Contingency Plan All dead plants will be replaced with the same species or an approved substitute species that meets the goal of the enhancement plan. Plant material shall meet the same specifications as originally -installed material. Replanting will not occur until after reason for failure has been identified (e.g., moisture regime, poor plant stock, disease, shade/sun conditions, wildlife damage, etc.). Replanting shall) be completed under the direction of the consultant, City of Tukwila, or the owner. 3.6 As -Built Plan Following completion of construction activities, an as -built plan for the enhancement area will be provided to the City of Tukwila. The plan will identify and describe any changes in relation to the original approved plan. 3.7 Financial Guarantee A financial guarantee based on 150% of the cost of the project will be posted to ensure that the mitigation and monitoring program is fully implemented. Daniel Assefa July 25, 2016 Page 4 If you have any questions, please give me a call. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC John Altmann Ecologist Altmann Oliver Associates, LLC Office (415) 3334535Fa.x (425t 33345a9 Environmental Planning & Landscape Architecture ■..._.....Om 4•9 % \ \ \ \ \ '� / \ \ \ / I \ \ \ \ ( ) \ \ \ \/ / / / \ \ // / a / / / \ ( <\ / 1 // I / 1/ ca �) c1 1 / / / / T) / / // /` / / �// FISURE I: BUFFER ENHANCEMENT PLAN ASSEFA PROPERTY PARCEL: 334840-18c10 TUKWILA, WASH INSTON --22\ i \\\, \ \\ \, , \ \\ \ \ \ \ \\ \ \\ /\\\\. \\\., \\ ♦ \ \\\:\\ \\ —/' - - f �J/ ` / i i l � �r� ia4:t,.v714:\:) �lJ,,r�ll�JMv �r \ \ '\ '\ \ �/iiil�'il �W - rW - W.d W �W \:,\\ :\ .. „\\\.\ \.,\, \2 \\ \\,\\\\-\\ \\\,\\\ \\,\- \,'\\ \\\.\ :/\ ,,4li 1*.r4iV 1V f4,g.\*e40. 41*44&4.,A.A#04.4_l i,' .„. \ \ \ \ \ \ \ \ \\ \ 4,4$$4)-4s fix, 4 \,A\ '„, ' \ ` \ • \ • \ \ \\ \\ \ \\\ \ \ ` \ \ \\\ \ \ \ v44,f_t\-\ )\, • \ • \ \ \ \ \ . , , , , , , , \\ , . \ , , , , • , , , , . . , , , , , , , , , , f„„ .., ,,, \ ,,,\\ , ,,,\, \,\\\ ,‘\\ , . \ ‘,. ,\ \\.- \ ,.‘,\\•\'''' , „‘„„, , \ \\\\\, N\...;44b4. dn. .\\ \--\ \ ,\,.,,\\ -Now No'," la+ \\,,x, \ , , , \ , ,„ . „ , , \ \ , , Lc, \\,\\\\„\\,„\\\\,\\\,,\\\\„\\\\\\\\:":\\\\\\\\\\\\\\\\\\\‘\\\\\ __ , ,\„\ \\\‘..\\„\„, \ \ \ \ \ \ \\\\ \\ \ \ �... \ \ \\ .. \ :: \ \ \k, \ \ ' \ \ \\` \` \\ \ `\\\ \ 0 n-I Ln 0 z r- - Z H // i N -n O D� Oz rn rn-0 z NZ J� -1 --I � z Zr 00 ( rn 2c CD a D(I) \ `z • D=0 0i zni D=0�D 73O DaDXl 71 rnX3 7U 73rn7>Crn DCp-C1�,co73 pDCpOQD vT�O DTD�.N(F,U 1 D�H�rnOrn 1 Die ' HT A g-l7)U�N -� -- z-�z0 �� 10 �-00 �p-po 0-‹0* �N Z o xQ0 �D�pCzrnr rnr r U,cD rn zD D �� ND� <07\. Z l 7 z-1a�rnP���rn� Oi rn7c)XlrttX7 z3X1 - rrn_ X- -K D rn < r= Xrn- - zz0- z-Z �-1Z 1U i- j -i Zi r X► 0 UI (J- ) -n 4 N .:41 eal% :14 X] rn D CP \ 1 • / \ / 2 \ /\/ ei n9 Ot7 aNV-tl;M a�Onai eta..4�n9 aNV-fl;M ,OQ aIV INV1S • Z CA 0 c Z A 1 ' O 73 z -13 rn X -1 -n rrn rn c Z rn 1 D ri1 XJ rn rn r 1 1 1 1 Altmann Oliver Associates, LLC AOA 1'l) IYn 578 Camniion. WA 98014 U11itt (425) 3334535 Fnn 1425) 3334509 Environmental planning & Landscape Architecture FISURE 2: MITISATION AREAS ASSEFA PROPERTY PARCEL: 354840-18(40 TUKW I LA, WASH I NSTON DRAWN SO SCALE AS NOTE DATE 16 PROJECT 4748 2/8) 474R-MIT-07-27-16.dwg REVISED • AREA I PLANTING PLAN SCALE: 1:20 AREA I PLANT SCHEDULE z CO} w w 0 AREA 2 PLANTING PLAN 2, SCALE: 1:20 AREA 2 PLANT SCHEDULE TREES KEY SGIENTIFIG NAME COMMON NAME SPAGINS OTY SIZE (MIN.) NOTES FL FRAXINUS LATIFOLIA PG PICEA SITCHENSIS SHRUBS KEY SGIENT IFIC NAME ORESON ASH SITKA SPRUCE COMMON NAME a' O.G. 15 2 SAL. SINGLE TRUNK O.G. 18 2 SAL. FULL d BUSHY SPAGINS OTY SIZE (MIN.) NOTES C L PG D GORNUS SERIGEA LONIGERA INVOLUGRATA PHYSOGARPUS GAP I TATUS SPARAEA DOUSLASII RED -OSIER DOSWOOD BLACK TWIN -BERRY PACIFIC NINEBARK WESTERN SPIRAEA SHRUBS KEY SGIENT IFIG NAME COMMON NAME SPAGINS GTY SIZE (MIN.) NOTES G GORNUS SERIGEA L LONIGERA INVOLUGRATA PG PHYSOGARPUS GAPITATUS RED -OSIER DOSWOOD BLACK TWIN -BERRY PAC. IFIG NINEBARK 3' O.G. 3' O.G. 5' O.G. 33 30 32 1 SAL. I SAL. I SAL. MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) 3' O.G. 23 3' O.G. 22 5' O.G. 3' O.G. 23 NOTES 1 SAL. MULTI -STEM (3 MIN.) I SAL. MULTI -STEM (3 MIN.) I SAL. MULTI -STEM (3 MIN.) I SAL. FULL BUSHY 1. BASE INFORMATION PROVIDED BY BARSHAUSEN, 18215 12ND AVE. SOUTH, KENT, WA G8032, (425) 251-6222. 44144-- U cti 17.3 U 0 Altmann Oli x 4748-MIT-07-27-16.dwg SrLLV LIdVS(ldiVOSJ.Hd ›'&vigNIN OI�I'D'dd b1'dl'31110ANI b21INO-1 'd12f�5 S(1NZ4O') CO 71 > I du I n1 E rn o Ul UJ UJ O O O U1 -la -11 rrr i i i 0 —I —I —I rn rn rn 3 3 c>JUJcu 3 3 3 z z z 0 CT( rn 0 0 O Z z 3 rn (P 0 N rn 3 z z O rn E-111aaH G ±NV d G Vi > rn 0 N I-LN 1-1c:1 r • \ • • \ ©• • • • • • r \ • • \ • \ \ — • • \ \ • • • • \ • • • • • • • \ • • \ • • • • • • • • • • /\ \\ • • \\ • • • Altmann Oliver Associates, LLC PO Box 578 Csmntion. WO 98014 Of044 1425) 333.4525F. t425) 333.4504 AOA Environmental Planning & Landscape Architcctnrc FIGURE 4: AREA 3 PLANTING PLAN ASSEFA PROPERTY PARCEL: 334840-18d10 TUKWILA, WASHINSTON DRAWN 50 SCALE AS NOTE DATE 07-27-16 PROJECT 4748 4/s 4748-MIT-07-2 7-16. d wg REVISED • 0. • i7 00 0_004 0Q r 7140 ig0 004 0 2.4 46. _ Oa 00 ;'i7 �0 QOO 0 CPO 0 0 to o 0©Q it4 Abe t7i7 r / / I I / 2S7 i7i:4. /i C JI mQ G pOo�O\ 4�O® 0 - 0 01 AREA 4 FLANTI NG FLAN SCALE: I : 20 NOTES BASE INFORMATION PROVIDED BY BARSHAUSEN, 18215 -72ND AVE. SOUTH, KENT, HA ci8032, (425) 251-6222. AREA 4 PLANT SCHEDULE SHRUBS KEY SCIENTIFIC NAME COMMON NAME SPACINS 0TY SIZE (MIN.) NOTES L OG PG 5 GORNUS SERIGEA LONICERA INVOLUCRATA OEMLERIA GERASIFORMIS PHYSOGARPUS (API TATUS ROSA PISOGARPA SYMPHORICARPOS ALBUS RED -OSIER DOSWOOD BLACK TWIN -BERRY INDIAN PLUM PACIFIC NINEBARK CLUSTERED ROSE SNOWBERRY 3' O.G. 3' O.G. 5O.G. 5' O.G. 3' O.G. 3' O.G. AREA B PLANTING PLAN SCALE: 1:20 AREA 5 PLANT SCHEDULE 20 22 24 I5 51 45 SAL. SAL. SAL. SAL. SAL. SAL. MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) TREES KEY SCIENTIFIC NAME FL PG TP FRAXINUS LATIFOLIA PIGEA 51TGHENSIS THUJA PL I GATA SHRUBS KEY SCIENTIFIC. NAME COMMON NAME ORESON ASH 51 TKA SPRUCE WESTERN RED CEDAR COMMON NAME SPAGINS GTY 51ZE (MIN.) NOTES ci' O.G. 3 2 SAL. SINGLE TRUNK ci' O.G. 3 2 SAL. FULL 8 BUSHY G' O.G. 5 2 SAL. FULL & BUSHY SPA('I NO 0TY SIZE (MIN.) NOTES L OG PG R D 5 GORNUS SERIGEA LONICERA INVOLUGRATA OEMLERIA GERASIFORM IS PHYSOGARPUS GAP 1 TATUS ROSA PISOCARPA SPARAEA DOUSLASI1 SYMPHORIGARPOS ALBUS RED -OSIER DOSWOOD BLACK TWIN -BERRY INDIAN PLUM PACIFIC, NINEBARK CLUSTERED ROSE WESTERN SPIRAEA SNOWBERRY 3' O.G. 5 3' O.G. 5 5' O.G. 2 5' O.G. 2 3' O.G. 5 3' 0.G. 5 3' O.G. 5 SAL. SAL. SAL. SAL. SAL. SAL. SAL. MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) FULL 4 BUSHY MULTI -STEM (3 MIN.) F 63 a r- 3 Cm 0 1-,;] 5 PLANTINS PLANS c0O cry H OZ W LIJ CYO1-Q Qm� Q-itY W Q it H 41440 - coi 0 Altmann Oliver As PO BEA 578 carnaPon. WA 98014 00 748-MIT-07-27-16.dwg 0o ®®© 1) AREA FLANTING 'LAN SCALE: 1:20 AREA 6. PLANT SCHEDULE SHRUBS KEY SCIENTIFIC NAME COMMON NAME SPAGINS OTY SIZE (MIN.) NOTES C OG PRG 5 COMBINED F'LANT SCHEDULE FOR ALL AREAS GORNUS SERIGEA LONICERA INVOLUGRATA OEMLERIA GERASIFORMIS PHYSOCARPUS GAPITATUS ROSA PISOCARPA SYMPHORIGARPOS ALBUS RED -OSIER DOGWOOD BLACK TWIN -BERRY INDIAN PLUM PAGIFIG NINEBARK CLUSTERED ROSE SNOWBERRY TREES KEY SCIENTIFIC NAME COMMON NAME SPAGINS OTY SIZE (MIN.) NOTES FL PG TP FRAXINUS LATIFOLIA PICEA SITGHENSIS THUJA PL I CATA SHRUBS KEY SCIENTIFIC NAME ORESON ASH SITKA SPRUCE WESTERN RED CEDAR 9' O.G. 18 2 SAL. SINSLE TRUNK GI' O.G. 21 2 SAL. FULL 4 BUSHY c' O.G. 5 2 SAL. FULL 4 BUSHY COMMON NAME SPAGINS QTY SIZE (MIN.) NOTES C L OG PG R 5 GORNUS SERICEA LONI GERA I NVOLUGRATA OEMLERIA CERASIFORMIS PHYSOGARPUS GAPITATUS ROSA PISOGARPA SPARAEA DOUSLASII SYMPHORICARPOS ALBUS RED -OSIER DOSWOOD BLACK TWIN -BERRY INDIAN PLUM PACIFIC NINEBARK CLUSTERED ROSE WESTERN SPIRAEA SNOWBERRY 3' O.G. 3' O.G. 5' O.G. 5' O.G. 3' O.G. 3' O.G. 3' O.G. a6 Gig 32 -16 62 28 56 SAL. SAL. SAL. SAL. SAL. SAL. SAL. MULTI -STEM (3 MULTI -STEM (3 MULTI -STEM (3 MULTI -STEM (3 MULTI -STEM (3 FULL a BUSHY MULTI -STEM (3 MIN.) MIN.) MIN.) MIN.) MIN.) MIN.) 3' O.G. 6 3' 0.G. 6 5' O.G. 6 5' O.G. 3 3' 0.G. 6 3' O.G. 6 NOTES SAL. SAL. SAL. SAL. SAL. SAL. MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) MULTI -STEM (3 MIN.) I. BASE INFORMATION PROVIDED BY BARSHAUSEN, 18215 -12ND AVE. SOUTH, KENT, WA G8032, (425) 251-6222. r- 3 0 O Associates, LLC 4748-MIT-07-27-16.dwg SF'EG IF I GAT I ONS I. PRIOR TO ANY WORK WITHIN THE MITIGATION AREA, IT SHALL BE FLAGGED BY AOA. A PRE -CONSTRUCTION MEETING SHALL OCCUR ONSITE WITH THE LANDSCAPE CONTRACTOR, CLEARING CONTRACTOR AND AOA PRIOR TO ANY CLEARING. 2. THE MITIGATION AREA SHALL BE HAND -CLEARED AND GRUBBED IN AREAS I, 3 AND 6 AND MACHINE -CLEARED AND GRUBBED IN AREAS 2, 4 AND 5 OF ANY INVASIVE SPECIES (GANES AND ROOTS) INCLUDING THISTLE, HIMALAYAN AND EVERGREEN BLACKBERRY, REED GANARYGRASS, JAPANESE KNOTWEED, BUTTERFLY BUSH, TEASEL, POISON HEMLOCK, ENGLISH IVY, TREFOIL, STINKY BOB, LOOSESTRIFE, BINDWEED AND ENGLISH HOLLY. DURING CLEARING, AOA SHALL MONITOR TO ENSURE REMOVAL OF CORRECT SPECIES AND EXTENT OF CLEARING OF INVASIVES. EXISTING NATIVE WOODY SPECIES SHALL BE AVOIDED WHEN POSSIBLE. ALL GRUBBED VEGETATION SHALL BE EXPORTED FROM THE SITE. 3. UPON COMPLETION OF WEED REMOVAL, IMPORTED DE-JONS'S FERTIL-MULCH SHALL BE PLACED TO PREGLEARING GRADES IN AREAS I, 3, 4 AND 6, A MINIMUM OF 3". IN AREAS 2 AND 5, A MINIMUM OF 6" OF DE-JONS'S FERTIL-MULCH SHALL BE PLACED OVER GRADED AREAS AND TILLED INTO THE TOP 12" OF NATIVE SOIL PRIOR TO PLANTING. AOA TO REVIEW TOPSOIL PLACEMENT PRIOR TO TILLING. 4. CLEARING AND GRUBBING SHALL INCLUDE REMOVAL OF FILL SOILS IN AREAS 2 AND 5 AND REMOVAL OF ALL GARBAGE IN ALL AREAS. AOA TO DETERMINE DEPTH AND EXTENT OF FILL REMOVAL IN ALL AREAS UPON COMPLETION OF CLEARING. AOA TO REVIEW FILL AND INVASIVE REMOVAL PRIOR TO TOPSOIL PLACEMENT. 5. ALL PLANTS SHALL BE NURSERY GROWN (IN W. WA OR OR.) FOR AT LEAST I YEAR FROM PURCHASE DATE, FREE FROM DISEASE OR PESTS, WELL -ROOTED, BUT NOT ROOT -BOUND AND TRUE TO SPECIES. 6. ALL PLANTS SHOULD BE INSTALLED BETWEEN DECEMBER 1ST AND MARCH I5TH UNLESS SUPPLEMENTAL WATERING IS PROVIDED IMMEDIATELY FOLLOWING PLANT INSTALLATION. �. PLANT LAYOUT SHALL BE APPROVED BY AOA PRIOR TO INSTALLATION AND APPROVED UPON COMPLETION OF PLANTING. 8. ALL PLANTS SHALL BE PIT -PLANTED IN PLANTING PITS EXCAVATED 2X THE DIAMETER OF THE PLANT. FITS SHALL BE BACKFILLED WITH A 30170 MIX OF STEERCO TO NATIVE SOIL. PLANTS SHALL BE INSTALLED 3" HIGH AND SURFACED MULCHED TO A DEPTH OF 3" WITH MEDIUM -COURSE BARK MULCH PLACED WITHIN A 12" RADIUS AROUND EACH PLANT IN AREAS I, 3 AND 6. IN AREAS 2, 4 AND 5, MULCH SHALL BE PLACED TO A DEPTH OF 3" CONTINUOUSLY THROUGHOUT ENTIRE AREA. G. CONTRACTOR SHALL DESIGN BUILD AN ABOVE GROUND TEMPORARY IRRIGATION SYSTEM CAPABLE OF PROVIDING 1/2" OF FLOW TO EACH NEWLYINSTALLED PLANT. MP ROTORHEADS SHALL BE INSTALLED IN AREAS 2, 4 AND 5 AND DRIP IRRIGATION SHALL BE INSTALLED IN AREAS I, 3, AND 6 TO ALL NEW PLANTINGS. CLIENT SHALL PROVIDE WATER AND ELECTRICITY FOR THE SYSTEM. IRRIGATION IS REQUIRED WITHIN THE MITIGATION AREA FOR AT LEAST THREE GROWING SEASONS FOLLOWING PLANTING TO ENSURE ADEQUATE ESTABLISHMENT OF PLANT MATERIAL.THE MAINTENANCE CONTRACTOR SHALL BE RESPONSIBLE TO ACTIVATE, WINTERIZE, MAINTAIN, AND TO CONTINUALLY VERIFY ADEQUATE OPERATION OFTHE TEMPORARY DRIP IRRIGATION SYSTEM. SYSTEM FUNCTION (INCLUDING ELECTRONIC VALVE AND CONTROLLER FUNCTION) SHALL BE INSPECTED FOR OPERATION AND FULL COVERAGE OF ALL PLANTED AREAS DURING EACH MAINTENANCE VISIT. THE SYSTEM SHALL BE REPAIRED IMMEDIATELY IF FOUND TO BE DAMAGED OR MALFUNGTI ON I NG.THE SYSTEM SHALL BE ACTIVATED BY JUNE 15 AND WINTERIZED BY OCTOBER 15. IF HOT DRY WEATHER OCCURS EITHER BEFORE OR AFTER THESE DATES, THE IRRIGATION SYSTEM SHALL BE ACTIVATED EARLIER IN THE SEASON OR REMAIN ACTIVE LATER INTO THE FALL. DURING THE FIRST YEAR AFTER INSTALLATION, THE IRRIGATION SYSTEM SHALL BE PROGRAMMED TO PROVIDE ) " OF HATER EVERY THREE DAYS. IRRIGATION RATES MAY BE INCREASED AS NECESSARY DURING PROLONGED PERIODS OF HOT, DRY WEATHER TO PREVENT PLANT MORTALITY. DURING THE SECOND YEAR AFTER INSTALLATION, IRRIGATION SHALL BE PROGRAMMED TO PROVIDE Y2" OF WATER ONCE A WEEK. HOWEVER, IF MORE THAN 10% OF PLANT REPLACEMENT OCCURS, WATERING RATES HILL BE MAINTAINED AT A RATE OF Y2" OF WATER EVERY THREE DAYS FOR THE DURATION OF THE MONITORING PERIOD.A CHART DESCRIBING THE LOCATION OF ALL INSTALLED OR OPEN ZONES AND CORRESPONDING CONTROLLER NUMBERS SHALL BE PLACED INSIDE THE CONTROLLER AND GIVEN TO THE OWNER'S REPRESENTATIVE. THE IRRIGATION BID SHALL INCLUDE A ONE-YEAR WARRANTY AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FROM THE DATE OF FINAL PROJECT ACCEPTANCE. THE WARRANTY SHALL INCLUDE SYSTEM ACTIVATION AND WINTERIZATION FOR THE FIRST YEAR AND IMMEDIATE REPAIR OF THE SYSTEM IF IT IS OBSERVED TO BE MALFUNCTIONING. 10. UPON APPROVAL OF PLANTING INSTALLATION BY AOA, THE CITY OF TUKWILA WILL BE NOTIFIED TO CONDUCT A SITE REVIEW FOR FINAL APPROVAL OF CONSTRUCTION. II. MAINTENANCE AND MONITORING SHALL BE PERFORMED UPON CONSTRUCTION COMPLETION FOR A PERIOD OF AT LEAST 5 YEARS. 4444.8". O E L > y C u Associates, LLC 4748-M 1T-07-27-16.dwg MULCH 3" DEEP 24" DIA RING 0 ,r III ail=11 1-I11 ✓/ r1ir/\�11All l I1=1 '-H-IIi=\Ii1t � 111il�ll 1=I ; =i 1 I- \/\/.\/\\/\\/\ ,-I ,1= 1 ► +- _ ,i_f I It///�/,//,/,-, 11: . -! I I-111=11-111-111=11i=1 I-1 i 1 -111=111-111-=111-11 I-1 I -1111 ' - I I— I I-1,' 1=1 � 1=1 1 1=1 1 2 TIMES 4 ROOT BALL DIAMETER SET TREE/SHRUB STRAIGHT AND PLAGE ROOTBALL ON SOLID GROUND OR ON GOMPAGTED BAGKFILL. BAGKFILL PLANTING HOLE 1/2 FULL WITH NATIVE SOIL, TAMP SOIL TO STABILIZE ROOTBALL. DO NOT DISTURB ROOTBALL. BAGKFILL REMAINING PLANTING HOLE PER SPECIFICATIONS. AMEND BACKFILL AS NOTED IN THE INSTALLATION NOTES. FINAL GRADE. SCARIFY SIDES OF PLANTING HOLE. MAKE SURE HOLE HAS GOOD DRAINAGE. EXISTING NATIVE SOIL. CONTAINER TREE/SHRUB PLANTING (TYP.) SCALE: NTS U U 1- O O d 4748-MIT-07-27-16.dwg Tukwila Storage Yard - Jaimie Reavis Page 1 of 2 Tukwila Storage Yard Jaimie Reavis Tue 6/6/2017 4:54 PM To:Jaimie Reavis <Jaimie.Reavis@TukwilaWA.gov>; Minnie Dhaliwal <Minnie.Dhaliwal@TukwilaWA.gov>; Andrea Cummins <Andrea.Cummins@TukwilaWA.gov>; Hi Minnie, Below is the information I found on the use for the Tukwila/Boeing Access Road storage yard. It would be good to discuss the use tomorrow afternoon, if possible. http://pro-usa-Ilc.com/?page id=7 Pro USA LLC - Mission pro-usa-Ilc.com A Dump Trucking Company ... Mission. Our mission at Pro USA always will be to serve our customers better than anyone else could serve them. https://outlook. office3 65.com/owa/?viewmodel=ReadMessageItem&ItemID=AAMkADc... 06/07/2017 Tukwila Storage Yard - Jaimie Reavis Page 2 of 2 BuSiltel M Fierier my business =etre Y;an+crave appear atEer Tu ROVSL7100n. 4,NT0X4 ttte accourl d nor re9n7m1 with Ma DCSkirt.MCCN Or Revenue Nagar. it may to resevered ve t1 ether aQenc es in the state Washington State Department orRevenue State Business Records Database Detail TAX tNGOTlATIONN0rL:t])Y.•.) AMMO00010aIII iOat1/.01-.:4At1 LIe1: 6C1J3e:S3 ALtlOUKt <tOSfD:)"If701*sr t AH tNTItTNAnt MY FA Gitlin MMUS'Wel l ate) us+ NAILPG A17D1!liS 2X11 HILRUeY Sant VA 7) • )N77 (Wife TV ;Olt rte0INL"TO# WSngSS lO(At1O l t]al) K9MRe ID S Ifni, WA lit`))•IDD 01.W.1l*Pinar NO:„IA )tRNRt}lftTMII pIA KAKI COGI i MOS Nlt$fl tlttlNtlr p/A NAKS OttlinTIONIRCIM.121.0111ISKI Kan 4,511004005) FOR NONCOMMERCIAL (ISE ONLY 0101)SI7 SI*NAH iT yet ire utrDW bAV IN rtwIv paten you at lookup tSt, Irg Stattrint of tax repearamimet meoet wrrACt KCI ArrArt IN I r.fdw r •,...► I ..I TM*. r 0.11k) .s I.rarw(warm/we.ble.*h w..etrAt ram.. Yes 4400i,agwrr...r.tlC•11.4A.ITIT,7 Jaimie Reavis Senior PlannerlCity of Tukwila 6300 Southcenter Blvd, Suite 1001Tukwila, WA 98188 ph: (206) 431-3659 Jaimie. ReavisPTukwilaWA.gov 1 www.tukwilawa.gov The City of opportunity, the community of choice. http s://outlo ok. office 65. com/owal?viewmodel=ReadMessageltem&ItemID=AAMkADc... 06/07/2017 Ke: Draft Agreement - Jamie Keavis Page 1 of 3 Re: Draft Agreement Jaimie Reavis Mon 5/22/2017 12:46 PM To:John Schofield <jfschofield@comcast.net>; Cc:Mark Crowell <mark@culinex.biz>; Joanna Spencer <Joanna.Spencer@TukwilaWA.gov>; Robin Tischmak <Robin.Tischmak@TukwilaWA.gov>; Minnie Dhaliwal<Minnie.Dhaliwal@TukwilaWA.gov>; Charlotte Archer <Charlotte@ kenyondisend.com>; 2 attachments (360 KB) COVER_JR redlines_05222017.pdf; TUC_Land Uses by District.pdf; John, Below is the list of items that need to be changed or submitted prior to final signature on the BSIP: \fl. The margins of all survey sheets need to be clear of any text and sized to meet the requirements of the King County Recorder's Office. All sheets currently have the filepath within the left margin, which needs to be removed on all sheets to be recorded. —12. The surveyor's wet stamp shall be provided on all sheets to be recorded. t"1. The surveyor's signature shall be provided on the "LAND SURVEYOR'S CERTIFICATE" on Sheet 1 of 4. A. Add the existing parcel number to Sheet 1 of 4 in the space provided under "KING COUNTY ASSESSOR'S APPROVAL" ----5. All owners of the land within the BSIP shall have their original, notarized signatures on Sheet 1 of 4. -^ Revise the "DECLARATION" on Sheet 1 of 4 per the attached redlines, to remove the language in our template specific to short plats. 7. Revise Note #8 on Sheet 2 of 4 to say the following: "The owners of the properties within this BSIP agree to dedicate a 48-foot right-of-way along the north property line for future construction of S. 168th Street, and to dedicate a 24.5-foot wide right-of-way along the west property line for future construction of Bauch Drive. Both shall be conveyed within 14 days of written notice from the City that these conveyances are required. King County Recording " The 14-day time period is negotiable, but whatever time period is proposed will need to be included both in this note on the BSIP and within the separate agreement, for which there's a space for the recording number at the end of the statement on the BSIP. The agreement will need to be recorded with the BSIP, or before. The recording number for the agreement can be hand-written on the BSIP in the Recorder's Office. Please let me know if time period other than 14 days is proposed. An assurance for 150% of the cost of the work to be performed under D17-0093 will need to be submitted to the City of Tukwila. This can be in the form of a bond or cash assignment. Please https ://outlook.office3 65. com/owa/?viewmodel=ReadMessageltem&amp;ItemID=AAMk... 06/05/2017 Re: Draft Agreement - Jaimie Reavis Page 2 of 3 contact Brenda Holt at Brenda.Holt@TukwilaWA.gov or (206) 431-3672 for more information on submittal requirements. The AGREEMENT FOR FUTURE DEDICATION OF RIGHT-OF-WAY shall be filled out and signed by the owners of property within the BSIP, reviewed by the City of Tukwila, and signed by the Tukwila Mayor. 10. As was previously provided to you, attached here is a list of uses and corresponding information on whether they are permitted in the different districts within the Tukwila Urban Center. We encourage you to provide information on the proposed uses so that we can confirm the proposed use is permitted within the TUC - Pond District. d. Please include the dimensions and labels for future corridors that have been added to Sheet 2 of 4 for S. 168th St. and Bauch Dr. to all site plans in the BSIP, including Sheet 3 and Sheet 4. 12. Criteria in TMC 17.16.030 for approval of a BSIP requires that appropriate easements and maintenance agreements for shared facilities including circulation and utilities have been provided. Shared areas and facilities should be shown on the BSIP document rather than within the CC&Rs, since the CC&Rs are able to be modified at any time. Additionally, the CC&Rs should be referenced on the BSIP, with space for the recording number for the CC&Rs, to be added on the BSIP. It is unclear whether reciprocal agreements for circulation and utilities for the lots are limited to the Common Area Drive Aisles depicted in Exhibit C of the latest version of the CC&Rs (Common Area Cost Sharing Agreement and Easements, Covenants, Conditions and Restrictions for Southcenter Corporate Square, dated 05/05/17). Additional clarification is needed on both the BSIP and the CC&Rs to allow circulation over the lots for access, and for installation and maintenance of utilities on the lots (not just within the Common Area Drive Aisles depicted on Exhibit C). For example, if ingress/egress to all Tots is to be via Andover Park East and the areas on Exhibit C, Lot 1 of the BSIP will not have legal access. We have reviewed BSIPs that include a blanket agreement on the BSIP for use and maintenance of ingress/egress, utilities, landscaping, parking, etc. Please revise the BSIP and the CC&Rs to show shared ingress/egress and utilities access and maintenance areas on the Tots within the BSIP, or provide a blanket statement on all sheets of the BSIP which include a site plan and modify the CC&Rs to include this language. 13. Please note that the CC&Rs specify trash is the responsibility of each lot owner, to occur on each lot. Lot 2 does not currently have its own trash receptacles. If new trash enclosures will be added to Lot 2, they must meet the City of Tukwila requirements related to size and location. The new trash enclosure locations on Lot 2 will likely impact parking on Lot 2. Please contact me with any questions. I will be leaving early this afternoon, but I will be back in the office tomorrow morning at 10:00 a.m. Thank you, Jaimie Jaimie Reavis Senior Planner' City of Tukwila 6300 Southcenter Blvd, Suite 100jTukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavis@TukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&amp;ItemID=AAMk... 06/05/2017 i(s- 5107e_ ,12,4J PeC -C"1 5*s NAME' 7 0/4 co/P/9NY 11 ppl Eidk Efrt4ll 1-140,01h.,usilav @9Z:i Alorl<ef 1/4J co AGEA L Lc pro ocA oapielop-9-41,c4-2.1.6.co oC \\JA---u-0 I (1,141 -1:AkOril't4L-• c u-t F (tkike,\Arefy, CLthiYAA Vir4) 17,1UM (Ck.V\ y Jeorwe GoitSG 1 k_wilaa, 0. s •Meit) 206)30 2-41- 0C--cqC2-2 77 a 06-7Y0 .211/y bto-S11-(43,P3 F'r e2;d6 1131- 7,(04 0 21)(0-,-01-36/5q ex s- 3 062 RE: Notice of Application - Tukwila Storage Yard PL17-0010 - Jaimie Reavis Page 1 of 3 RE: Notice of Application - Tukwila Storage Yard PL17-0010 Karen Walter <KWalter@muckleshoot.nsn.us> Wed 4/12/2017 11:11 AM To:Jaimie Reavis <Jaimie.Reavis@TukwilaWA.gov>; Jaimie, Thank you again for sending us the requested documents. We have reviewed this information and have some questions and initial comments: 1. What are the known dates of the wetland and/or wetland buffer violations on this site? The Dec 2, 2016 letter from Altmann Oliver Associates implies that there were further violations post the City's 10/27/2014 Violation Order? Were there further violations of clearing and grading of this wetland or its buffer? ‘A 2. The Violation Order specifically states that the mitigation plan was to be installed by November 30, 2014. Since this work appears to not have been done yet, what is the mitigation for the temporal loss of wetland functions and wetland buffer functions as a result of the previous clearing and grading actions that have not been mitigated? There is no mention of these mitigation measures in the materials we reviewed. It should be noted that the site may be limited in its ability to fully mitigate for project impact therefore, the applicant may need to look at off -site areas, including King County's ILF program. L 3. Where is the analysis to demonstrate how the requested wetland buffer reduction meets TMC 18.45.080 (F)? 4. Has the rest of the property been surveyed for wetlands? The 2015 aerial photo from KC IMAP suggests a different vegetation type in the upper NE corner of the property near Sound Transit's rail line. 5. We didn't see the proposed truck storage plan set sheets with the materials received. Does the applicai t1 have detailed site plan drawings? � 6. How does the applicant propose to manage stormwater generated by the new truck storage project? 7. Has the applicant notified state (WDOE, WDFW) and the Corps of Engineers of their wetland/wetland buffer violation? They may also need state and federal permits to resolve their violations, assuming theses agencies have jurisdiction over the wetland. We appreciate the opportunity to review this proposal and look forward to the City/applicants' responses. Please let me know if you have any questions. Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&amp;ItemID=AAMk... 06/01 /2017 RE: Notice of Application - Tukwila Storage Yard PL 17-0010 - Jaimie Reavis Page 2 of 3 Habitat Program Phillip Starr Building 39015-A 172nd Ave SE Aubum, WA 98092 From: Jaimie Reavis[mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Friday, March 31, 2017 4:03 PM To: Karen Walter; Karen Walter Subject: Re: Notice of Application - Tukwila Storage Yard PL17-0010 Hi Karen, Attached are the wetland reports (original and revised), along with plans and other supporting information for this project. I don't believe I've received a copy of the original wetland delineation, so I will need to request that from the applicant in order to send it over for your review. Please let me know if you have any questions or need any other information. Thank you, Jaimie Jaimie Reavis Senior Planner City of Tukwila 6300 Southcenter Blvd, Suite 100 I Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavis@TukwilaWA.gov ( www.tukwilawa.gov The City of opportunity, the community of choice. From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Friday, March 31, 2017 8:13:17 AM To: Jaimie Reavis Subject: RE: Notice of Application - Tukwila Storage Yard PL17-0010 Hi Jaimie, We received this NOA and need more information to fully evaluate this project. Can we get a copy of the proposed site plan; the wetland delineation report; and the wetland/buffer mitigation plan? We would appreciate it. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&amp;ItemID=AAMk... 06/01 /2017 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office 3190 160th SE Bellevue, Washington 98008-5452 {425) 649-7000 April 11, 2017 Jaimie Reavis, Senior Planner City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 RE: Tukwila Storage Yard on Boeing Access Road, Project # PL17-0010 Ecology SEPA File No. 201701584 Dear Ms. Reavis: As the acting Washington State Department of Ecology (Ecology) Wetland Specialist responsible for King County jurisdictions, I wish to have the following comments entered for the record. Ecology recently received a Notice of Application (NOA) that indicates up to an acre of this site will be paved for a truck storage yard. The subject property is located at 4113 S Boeing Access Road just south of the Boeing Access Road and west of Interstate 5 (Tax Parcel No. 334840-1890). Included with the NOA were an environmental checklist and endangered species checklist. The environment checklist indicates there is a Category A wetland onsite and historic fill will be removed from the wetland as partial mitigation for a reduction in the standard buffer. I understand this parcel is also the subject of a code violation (File # CE 14-0439) for unauthorized grading within the wetland and buffer. The wetland on this property is a water of the state subject to the applicable requirements of state law (see RCW 90.48 and WAC 173.201A) and Section 401 of the Clean Water Act (33 USC § 1341) and 40 CFR Section 121.2. We will be contacting the applicant about submitting an application to Ecology and the U.S. Army Corps of Engineers (Corps). Ecology does not support the requested reduction in buffer width until after the current code violation has been resolved and the mitigation has been determined to be successful. Any work within the wetland itself will require state, and possibly federal, approval. To ensure resource functions are protected and impacts minimized, we ask that approval of any site work be conditioned with the following: The applicant shall obtain all necessary state and federal authorizations for wetland and in -water impacts prior to beginning any ground disturbing activities or vegetation removal. If you have any questions or would like to discuss Ecology's comments, please call me at (425) 649-7148 or send an email to Paul.S.Anderson@ecy.wa.gov. Jaimie Reavis RE: Tukwila Storage Yard April 11, 2017 Page 2 Sincerely, Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Shorelands and Environmental Assistance Program By email E-cc: Jerry Gregory, U.S. Army Corps of Engineers Daniel Assefa, Aged, LLC RE: Notice of Application - Tukwila Storage Yard PL17-0010 - Jaimie Reavis Page 3 of 3 Auburn, WA 98092 253-876-3116 From: Jaclyn Adams [Jaclyn.Adams@TukwilaWA.gov] Sent: Wednesday, March 29, 2017 9:42 AM To: Jaclyn Adams Cc: Jaimie Reavis Subject: Notice of Application - Tukwila Storage Yard PL17-0010 To Concerned Parties, Attached is a Notice of Application regarding Special Permission and SEPA Planned Action for the Tukwila Storage Yard Project in Tukwila. Written comments on the project may be submitted by email to Jaimie.ReavistdiTukwilaWA.gov<mailto:Jaimie.Reavis.icaukwilaWA.gov>, or may be delivered by mail or in person to DCD, 6300 Southcenter Blvd., Suite 100. Please contact Project Planner Jaimie Reavis with any questions at (206) 431-3659 or Jaimie.Reavis d'TukwilaWA.aovmailto:Jaimie.Reavis@TukwilaWA.cov>. Thank you, Jaclyn Adams Administrative Support Specialist] City of Tukwila 6300 Southcenter Bl, Suite 1001 Tukwila, WA 98188 T: 206-431-3670 1 F: 206-431-3665 Jaclyn.AdatnstTukwilaWA.t;ov<mailto:Jaclyn.AdamsTukwilaWA.gov> 1 [http://www.TukwilaWA.gov% 3chttp:/www.tukwilawa.gov/]http://www.TukwilaWA.gov<http://www.tukwilawa.gov/> The city of opportunity, the community of choice https://outlook.office3 65. com/owa/?viewmodel=ReadMe ssageItem&amp;ItemID=AAMk... 06/01/2017 Mr. Daniel Assefa, Tukwila Property (Parcel # 3348401890) July 30, 2015 Page 2 Wetland Delineation The northern area of the Property was investigated on July 14, 2015 to review the presence of wetland area and the delineated wetland boundary. The wetland boundary was delineated with 10 plastic flags tied to vegetation. The flagged wetland boundary is shown as approximate on the attached map. This wetland boundary may be surveyed after City verification and approval. The site's topography is nearly flat but there is a gradient that slopes north to south due to past filling events. The recent filling and grading activity did not appear to add a significant amount of fill to the area. Clearing of vegetation is evident but it is a relatively narrow portion of the north Property area. The Vegetation has dominant tree cover black cottonwood (Populus balsamifera) throughout the north area. Shrub cover does change from dense Himalayan blackberry (Rubus discolor) to scattered patches of Douglas' spirea (Spiraea douglasii) in the wetland. Creeping buttercup (Ranunculus repens) and soft rush (Juncus effusus) are groundcover also growing in the identified wetland area. Changes in shrub and groundcover species composition are not abrupt between the wetland and upland but do reflect the presence or absence of seasonal ponded water. The Soil type is not mapped in this area but due to development activities is primarily old fill material. One location near the wetland boundary has visible fill material of about 3 feet in depth. It appears that there may be wetland area formed on top of the fill due to poor drainage and the amount of stormwater runoff that drains to this property. Primary wetland Hydrology indicators were observed on the site to determine the wetland boundary. Due to the time of year the Group A primary indicators (surface water or saturated soils) would not need to be present. However, Group B primary hydrology indicators (evidence of recent inundation) are present. These primary indicators include B1 — water marks, B2 — sediment deposits, B6 — surface water cracks, B8 — sparsely vegetated concave surface, B9 — water stained leaves, and B 10 — drainage patterns. In summary, this Review assisted with delineating the wetland boundary for City permitting. The visible topographic relief (old fill) and hydrology indicators were relied on for the wetland determination. Please contact me if you require more information or have questions. ^SSincerely, `J 4 C.Gary S1 ulz Wetland/Forest Ecologist u lctth[nu ...1111 rtn1� 1FACFS()3i0( S B7°26'15' E \ \ \ DELTA = 3°34'OB"`\ RADIUS = 5264.14' LENGTH = 327.97\ CHORD BEARING \ \ N31,0426'W \\ CHORD = 327.91' FND. 1/2' I.R. BADLY BENT, 1.1' DOWN, TIED WHERE ENTERS GROUND, S 38°09'03' E 0.23' Approximate Wetland Boundary Map 40 SSS° \ Sp, DOSIINC FENCE #,0 N 1'31'54• E ?RA or TSOUNDTRANSIT April 12, 2017 Jaimie Reavis Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA 98188 Re: Project # PL17-0010 Tukwila Storage Yard on Being Access Road Dear Ms. Reavis: Thank you for the opportunity to review the SEPA Checklist and plans for the Tukwila Storage Yard project. Sound Transit considered a portion of this site for a multimodal station for Sounder commuter rail and Link light rail. The Sounder commuter rail station did not advance through ST3 planning, and now Sound Transit is considering alternative locations in the vicinity, along E. Marginal Way, for the Link light rail infill station. The proposed development would be in the vicinity of Sound Transit's existing light rail guideway. It would be important that the development of this project not interfere with maintenance access to the light rail guideway during construction or operation of the proposed storage yard. Sincerely, Lauren Swift Senior Environmental Planner Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org CHAIR Dave Somers Snohomish County Executive VICE CHAIRS John Marchione Redmond Mayor Marilyn Strickland Tacoma Major BOARD MEMBERS Nancy Backus Auburn Mayor Claudia Balducci King County• Councilmember Fred Butler Issaquah Mayor Dow Constantine King County Executive Bruce Dammeier Pierce County Executive Dave Earling Edmonds Mayor Rob Johnson Seattle Councilmember Kent Keel University Place Mayor Pro Tem Joe McDermott King County Council Chair Roger Millar Washington State Secretary of Transportation Mary Moss Lakewood Councilmember Ed Murray Seattle Mayor Paul Roberts Everett Councilmember Dave Upthegrove King County Councilmember Peter von Reichbauer King County Councilmember CHIEF EXECUTIVE OFFICER Peter M. Rogoff Altmann Oliver Associates, LLC AOA PO Box 578 C rnation, WA 98014 Office (425) 333-15:35 Fax (425) 333-1509 May 30, 2017 Environmental Planning & Landscape Architecture AOA-4748 Jaimie Reavis Senior Planner City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 SUBJECT: Tukwila Storage Yard — 4113 S. Boeing Access Road Parcel 334840-1890, Tukwila, WA City Files: PL17-0010 Response to SEPA Comments Dear Jaimie: The purpose of this letter is to address the comments received from the WA Department of Ecology and the Muckleshoot Tribe on the subject project during the SEPA Notice of Application period. WA Department of Ecology The comments presented by Paul Anderson with the Department of Ecology related to the impression by DOE that there is a current violation associated with recent wetland filling on the property. I spoke with Paul and explained that the more recent clearing/grading that was the subject of the City violation only occurred within the buffer on top of the historic pre-1990 wetland fill and that no new wetland filling has occurred or is proposed. For reference I have attached the 1988 letter from the Corps of Engineers authorizing the original wetland fill (Attachment A). It was my understanding that Paul seemed satisfied with this clarification. Muckleshoot Tribe Karen Walter with the Muckleshoot Tribe presented the following comments in an April 12, 2017 e-mail to you. My responses to these comments are below Jaimie Reavis May 30, 2017 Page 2 1. What are the known dates of the wetland and/or wetland buffer violations on this site? The Dec 2, 2016 letter from Altmann Oliver Associates implies that there were further violations post the City's 10/27/2014 Violation Order? Were there further violations of clearing and grading of this wetland or its buffer? There have been no violations on this property post 2014. As discussed above, the wetland in the northern portion of the site was historically filled and the filling was subsequently approved by the Corps of Engineers in 1988 (Attachment A). The 2014 violation consisted of clearing and grading on top of a portion of the previously filled area and included a relatively small area of degraded wetland buffer in the southern portion of the proposed development area. 2. The Violation Order specifically states that the mitigation plan was to be installed by November 30, 2014. Since this work appears to not have been done yet, what is the mitigation for the temporal loss of wetland functions and wetland buffer functions as a result of the previous clearing and grading actions that have not been mitigated? There is no mention of these mitigation measures in the materials we reviewed. It should be noted that the site may be limited in its ability to fully mitigate for project impacts; therefore, the applicant may need to look at off -site areas, including King County's ILF program. There has been no temporal loss of wetland functions since no wetlands have been recently filled. Furthermore, the total area of wetland buffer actually impacted on the site by the recent clearing is relatively small and was not functioning at a high level prior to impact. The City of Tukwila's municipal code specifically allows buffer reduction with the implementation of a buffer enhancement plan. We have prepared a buffer enhancement plan (Figures 1 through 8) that will significantly increase the plant species and structural diversity of the degraded buffer on the site. Early on in the project an agreement was reached with the City that the buffer restoration would be conducted in conjunction with the proposed project to avoid restoring areas that would then be subsequently impacted as part of a development proposal. The proposed enhancement of the degraded on -site buffer should fully mitigate for the proposed code - allowed buffer reduction and no off -site mitigation is necessary. 3. Where is the analysis to demonstrate how the requested wetland buffer reduction meets TMC 18.45.080(F)? Jaimie Reavis May 30, 2017 Page 3 TMC 18.45.080.F allows for the reduction of a standard by up to 50% only on degraded buffers that do not contain slopes in excess of 15%. The buffer proposed for reduction with enhancement is relatively flat and has been significantly degraded through historic filling and the establishment of invasive plant communities. As part of the enhancement plan, fill material and invasive non-native species would be removed and the area re -planted with a wide variety of native species to increase the plant species and structural diversity of the wetland and buffer over existing conditions. These plantings would increase the wildlife habitat of the area while also providing increased screening to the wetland from the storage yard and would therefore meet the requirements of TMC 18.45.080.F. In addition, a water quality treatment area has been designed for the area adjacent the enhanced buffer. This stormwater facility would treat runoff from the storage yard prior to discharge into the buffer and wetland. 4. Has the rest of the property been surveyed for wetlands? The 2015 aerial photo from KC IMAP suggests a different vegetation type in the upper NE corner of the property near Sound Transit's rail line. Yes the rest of the property was reviewed. The different vegetation type in the NE corner of the property as observed on the 2015 iMAP aerial is a result of the area being used as a Sound Transit staging site and is clearly evident on the 2007 aerial photo (Attachment B). 5. We didn't see the proposed truck storage plan set sheets with the materials received. Does the applicant have detailed site plan drawings? Please request the most recent plan set from the applicant. 6. How does the applicant propose to manage stormwater generated by the new truck storage project? Please see most recent stormwater plans prepared by Barghausen Consulting Engineers. 7. Has the applicant notified state (WDOE, WDFW) and the Corps of Engineers of their wetland/wetland buffer violation? They may also need state and federal permits to resolve their violations, assuming theses agencies have jurisdiction over the wetland. As discussed above, I have been in contact with Paul Anderson from the WA Department of Ecology and since there has been no unpermitted wetland fill no further contact with the Corps of Engineers, WDOE, or WDFW is required to resolve the clearing violation. DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. SOX C-3753 SEATTLE. WASHINGTON 98124 SEP 8 Regulatory Brancn dr. Jack Cotter 450 - 3lst Street West Seattle, Washington 98199 Dear Mr. Cotter: Attachment A Reference: OYq-4-011472 Beam, John & Cotter, Jack Ian response to a complaint, we inspected your property off of the Boeing Access Road where fill was placed on isolated wetlands near Seattle, King County, Washington. Our inspection disclosed that the existing fill covers less than 1 acre of wetlands since January, 1987. We also determined that the wetland is hydrologically isolated. Department of the Army regulations dated November 13, 1986, authorized certain activities under nationwide permits. Paragraph 330.5(9)(26) of these regulations authorizes discharges of dredged or fill material into nontidal rivers, streams, end their lakes and impoundments, including adjacent wetlands, that are located above the headwaters where the average annual flow is less than 5 c.f.s. Similar discharges are also allowed into other nontidal waters. of the United States that are net pert of a surface tributary system to interstate waters or navigable waters of the United States. The discharge must not cause the loss or substantial adverse modification of 1 or more acres of wetlands. The tern "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted fur life in saturated soil conditions. The Corps of Engineers has the responsibility for determining whether e specific wetland area is within Section 404 jurisdiction. Based on the results of our investigation, the existing fill is authorizeo by this nationwide permit. No individual Department of the Army permit will be required, provided the enclosed nationwide permit conditions were met (enclosure 1). Also, enclosed is a copy of our inspector's drawing *U.S. GPO: 1983-696-524 Jaimie Reavis May 30, 2017 Page 4 If you have any questions, please give me a call. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC John Altmann Ecologist (enclosure 2). If additional wort( is contemplated in this area and involves VOWand fining prior notification of the Corps of Engineers is required. rellure to ;o so nay be a violation of Feaeral tar. Nothing in this letter shall be construed as excusing you from compliance with other Federal, state, and local statutes, ordinances, and regulations A -den nay pertain to this worK. If you have any questions concerning the requirements of nationwide permits, please contact Mr. Chris McAuliffe, telephone (206) 764-3495. Enclosures Copy Furnisrec: /enclosures Mr. John Beam 238 Northwest 49th Street • Seattle, Washington DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P. O. BOX C-3755 SEATTLE, WASHINGTON 98124-2255 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE,$300 eEWs.DP- Sin.erely., Warren E. Baxter Chief, Regulatory Branch ATT416, SEP-8'88 WAS1 John Beam 238 Northwest 49th St. Seattle, Washington 98107 U.S. OFRC 'EWAtTY .; OR R*VATE 'SE S3e0 {Itilittitttttl tttr ttFlt{t ti 11611ttt{tflutnl DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX C-3755 SEATTLE. WASHINGTON 98124 SEP 8 Regulatory 13rancn Mr. Jack Cotter 45C4 - 31st Street West Seattle, Washington 98199 Dear Mr. Cotter: •:•• • • Attachment A Reference: 0Y8-4-011472 Beam, John & Cotter, Jack Ian response to a coeplaint, we inspected your property off of the Boeing Access Road where fill was placed on isolated wetlands near Seattle, King County, Washington. Our inspection disclosed that the existing fill covers less than 1 acre of wetlands since January, 1987. We also determined that the wetland is hydrologically isolated. Department of the Army regulations dated November 13, 1986, authorized certain activities under nationwide permits. Paragraph 330.5(a)(26) of these regulations authorizes discharges of dredged or fill material into nontidal rivers, streams, end their lakes and impoundments, including adjacent wetlands, that are located above the headwaters where the average annual flow is less than 5 c.f.s. Similar discharges are also allowed into other nontidal waters. of the United States that are not pert of a surface tributary system to interstate waters or navigable waters of the United States. The discharge must not cause the loss or substantial adverse modification of 1 or more acres of wetlands. The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and oration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The Corps of Engineers has the responsibility for determining whether a specific wetland area is within Section 404 jurisdiction. Based on the results of our investigation, the existing fill is authorize° by this nationwide permit. No individual Department of the Army permit will be required, provided the enclosed nationwide permit conditions were met (enclosure 1). Also, enclosed is a copy of our inspector's drawing *U.S. 01.03 1983-696-524 King County iMap Attachment B 2007 Aerial r e.,.- „.• .• r" The information in cLided on this map has been comp ied 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, ti-neiness, or rghts to the use of such information. This document s not intended for use as a survey product. King County shall not be fable for any general, special, direct, incidental, orconsequential damages including, but not tinned to, lost revenues or bst 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 prohbited except by written permission of King County. Date: 6/8/2015 Notes: 5 IKing *ty, 'fttonietry, King County IA King County GIS CENTER t,o4L-Pnirykry ions pGIV?040,1- 't - t,JdI it w� wok v/ Wce ? 144 111' cv1-7 rtac4lv hwppem /45-14P (1 #& 155 favt5lrvG"-krvt se aG LcvL nQd tut' e-59pirab brY1 k .— p, re 1 toss, coda Ica 1446)7 era t4 oli rtlk..+4ta -la sith fir, it i6Dk v ' vB 7u pa i yt UJ'► �5���.SS w Imo.f . 160,4 4 D f Vvt u-f L.{1 Ai s will 6e. S1 asa + tot-0.vc€ 7 alLs k +0 Y'S 4 S i (CW1rPULVA3 hrno v kt l- fy€ w i II lae rekt.twaer V f SiZYIM dra.rna Re44-C- iS tier1, �G vet 5 76Y7 47) 01071,¢_ I S ci,e c Y.esponnsi bit -.}a dk‘tk.1 h -4Siz4fiik4fAip sliews ti4,47'5,tho?, c41410).„ itmik '+{ 1 A (enclosure 2). If additional work is contemplated in this area and involves *Wend Bing prior notifiostiOn of the Corps of Engineers is required. ratlurP to in so nary oe a violation of Feoeral is . Nothing in this latter snail be construed as excusingg, you from compliance with tither federal, state, and local statutes, ordinances, and rguiations ,=rich ;G:ay pertain to this work. If you have any questions concerning the requirements of nationwide permits, please contact Mr. Chris mmouliffe, tel (206) 764-3495. Enclosures .,opy Furnished;: w/enclosures Mr. John steam 238 Northwest 49th Street Seattle, Washington DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P. O. BOX C-3755 SEATTLE, WASHINGTON 98124-2255 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, S300 Sincerely., Warren E. Baxter Chief, Regulatory Branch t.J.S.OFTIC SEP-8'88 11,A g� .. John Beam 238 Northwest 49th St. Seattle, Washington 98107 c nn ,'ENALTY U.J.PU, OH RIVATE j iSE a3t`D; - .I 011i21tlt: :t ,11liistiIfs614 •' t"ittt f3tflf1" The nformation included on this map has been comp ied by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express orimplied , as to accuracy, completeness, tinelness, or rights to the use of such information. This document is not intended for use as a survey product. King County shall not be fable for any general, special, ndirect, incidental, or consequential damages including, but not linitedto, lost revenues or bst profits resulting from the use or mbuse of the inforrnatbn contained on this map. Any sale of this map or information on this map is prohbited except by written permission of King County. Date: 6/8/2015 Notes: etry, King• County King County GIS CENTER 11/14/2017 Re: Tukwila Storage Yard on Boeing Access Road (Project # P... - Jaimie Reavis Re: Tukwila Storage Yard on Boeing Access Road (Project # PL17-0010) Jaimie Reavis Fri 6/9/2017 4:10 PM To:Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV>; cc:Andrea Cummins <Andrea.Cummins@TukwilaWA.gov>; d 1 attachments (1 MB) Applicant's Response to Comments .pdf; Paul, Thank you for submitting comments on this project. Attached is the applicant's response to comments. The City of Tukwila is planning to approve the request for a 50% wetland buffer reduction and wetland and wetland buffer enhancement, with conditions including the following: (1) the mitigation work be started as soon as possible (prior to, and - if needed - independent of, the storage yard construction schedule), (2) the applicant shall obtain all necessary state and federal authorizations for wetland and in -water impacts prior to beginning any ground disturbing activities or vegetation removal, as requested in your letter, and (3) the property owner shall conduct monitoring and maintenance of the mitigation area for 5 years. There may be other conditions we add to the permit as we are finishing up our review of the project. As a party of record you will receive the Notice of Decision on both the SEPA decision and the Special Permission application. Please contact me if you have any further comments or questions. Thank you, Jaimie Jaimie Reavis Senior Planners City of Tukwila 6300 Southcenter Blvd, Suite 100 (Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.Reavis(TukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: Jaimie Reavis Sent: Monday, April 10, 2017 11:12:09 AM To: Anderson, Paul S. (ECY) Subject: Re: Tukwila Storage Yard on Boeing Access Road (Project # PL17-0010) Paul, Attached is the delineation letter completed in 2015 by Gary Schultz, which was forwarded to us by Altmann Oliver Associates. John Altmann forwarded it with the following note: https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 1/2 11/14/2017 Re: Tukwila Storage Yard on Boeing Access Road (Project # P... - Jaimie Reavis As indicated at the bottom of the first page, due to the historic fill it was not possible to dig formal test pits and the boundary was necessarily interpolated. Thank you, Jaimie Jaimie Reavis Senior Planners City of Tukwila 6300 Southcenter Blvd, Suite 100 (Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: Anderson, Paul S. (ECY) <paan461@ECY.WA.GOV> Sent: Friday, March 31, 2017 3:50:23 PM To: Jaimie Reavis Subject: Tukwila Storage Yard on Boeing Access Road (Project # PL17-0010) Hi Jaimie. Thanks for getting back to me so promptly and for helping me understand where things are at with this application. If you could provide some additional information on the site plans and wetland investigation, that would be a big help. Thanks, Paul Paul S. Anderson, PWS Wetlands/401 Unit Supervisor Washington State Department of Ecology 3190 - 160th Ave. SE Bellevue, WA 98008 Phone: (425) 649-7148 Cell: (425) 765-4691 Fax: (425) 649-7098 Email: Paul.S.Anderson(a�ecy.wa.gov https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&Item) D=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLWUSYzBkNjVhZDIOYwBG... 2/2 11/14/2017 Re: Notice of Application - Tukwila Storage Yard PL17-0010 - Jaimie Reavis Re: Notice of Application - Tukwila Storage Yard PL17-0010 Jaimie Reavis Mon 6/12/2017 4:25 PM To:Karen Walter <KWalter@muckleshoot.nsn.us>; Karen.Walter@muckleshoot.nsn.us<karen.walter@muckleshoot.nsn.us>; d 2 attachments (4 MB) Applicant's Response to Comments .pdf; Preliminary Construction Plans.pdf; Karen, Thank you for sending us comments on this project. Attached are the applicant's responses to comments. The City's response to comments is included in blue text below. Please contact me with any questions or additional comments. 1. What are the known dates of the wetland and/or wetland buffer violations on this site? The Dec 2, 2016 letter from Altmann Oliver Associates implies that there were further violations post the City's 10/27/2014 Violation Order? Were there further violations of clearing and grading of this wetland or its buffer? There were no violations of clearing and grading of this wetland or its buffer after the 10/27/2014 Violation Order. See applicant's response for further information. 2. The Violation Order specifically states that the mitigation plan was to be installed by November 30, 2014. Since this work appears to not have been done yet, what is the mitigation for the temporal loss of wetland functions and wetland buffer functions as a result of the previous clearing and grading actions that have not been mitigated? There is no mention of these mitigation measures in the materials we reviewed. It should be noted that the site may be limited in its ability to fully mitigate for project impacts; therefore, the applicant may need to look at off -site areas, including King County's ILF program. We are planning to issue the Special Permission permit with a condition of approval requiring that the mitigation work shall be started as soon as possible (prior to, and - if needed - independent of, the storage yard construction schedule). 3. Where is the analysis to demonstrate how the requested wetland buffer reduction meets TMC 18.45.O8O(F)? See applicant's response. The degraded condition of the wetland buffer (including the condition before the 2014 code violation) and the wetland and wetland buffer enhancement proposed are consistent with the criteria in 18.45.080(F) for approval of a wetland buffer reduction. 4. Has the rest of the property been surveyed for wetlands? The 2015 aerial photo from KC IMAP suggests a different vegetation type in the upper NE corner of the property near Sound Transit's rail line. See applicant's response. 5. We didn't see the proposed truck storage plan set sheets with the materials received. Does the applicant have detailed site plan drawings? See attached Preliminary Construction Plans submitted for the Public Works permit (PW16-0132). 6. How does the applicant propose to manage stormwater generated by the new truck storage project? See applicant's response and the attached Preliminary Construction Plans. https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjInLWUSYzBkNjVhZDIOYwBG... 1/4 11/14/2017 Re: Notice of Application - Tukwila Storage Yard PL17-0010 - Jaimie Reavis 7. Has the applicant notified state (WDOE, WDFW) and the Corps of Engineers of their wetland/wetland buffer violation? They may also need state and federal permits to resolve their violations, assuming theses agencies have jurisdiction over the wetland. See applicant's response. Additionally, the following condition of approval will be added to the Special Permission permit, as requested in the comment letter submitted to Tukwila from the Department of Ecology: The applicant shall obtain all necessary state and federal authorizations for wetland and in -water impacts prior to beginning any ground disturbing activities or vegetation removal. Thank you, Jaimie Jaimie Reavis Senior Planner' City of Tukwila 6300 Southcenter Blvd, Suite 100 (Tukwila, WA 98188 ph: (206) 431-3659 Jaimie.ReavisPTukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Wednesday, April 12, 2017 11:11:02 AM To: Jaimie Reavis Subject: RE: Notice of Application - Tukwila Storage Yard PL17-0010 Jaimie, Thank you again for sending us the requested documents. We have reviewed this information and have some questions and initial comments: 1. What are the known dates of the wetland and/or wetland buffer violations on this site? The Dec 2, 2016 letter from Altmann Oliver Associates implies that there were further violations post the City's 10/27/2014 Violation Order? Were there further violations of clearing and grading of this wetland or its buffer? 2. The Violation Order specifically states that the mitigation plan was to be installed by November 30, 2014. Since this work appears to not have been done yet, what is the mitigation for the temporal Toss of wetland functions and wetland buffer functions as a result of the previous clearing and grading actions that have not been mitigated? There is no mention of these mitigation measures in the materials we reviewed. It should be noted that the site may be limited in its ability to fully mitigate for project impacts; therefore, the applicant may need to look at off -site areas, including King County's ILF program. 3. Where is the analysis to demonstrate how the requested wetland buffer reduction meets TMC 18.45.080(F)? 4. Has the rest of the property been surveyed for wetlands? The 2015 aerial photo from KC IMAP suggests a different vegetation type in the upper NE corner of the property near Sound Transit's rail line. 5. We didn't see the proposed truck storage plan set sheets with the materials received. Does the applicant have detailed site plan drawings? 6. How does the applicant propose to manage stormwater generated by the new truck storage project? https://outlook.office365.com/owa/?viewmodel=Read Messageltem&Item I D=AAMkADcwOTdiODIILTVIMj EtN DQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 2/4 11/14/2017 Re: Notice of Application - Tukwila Storage Yard PL17-0010 - Jaimie Reavis 7. Has the applicant notified state (WDOE, WDFW) and the Corps of Engineers of their wetland/wetland buffer violation? They may also need state and federal permits to resolve their violations, assuming theses agencies have jurisdiction over the wetland. We appreciate the opportunity to review this proposal and look forward to the City/applicants' responses. Please let me know if you have any questions. Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program Phillip Starr Building 39015-A 172nd Ave SE Auburn, WA 98092 From: Jaimie Reavis [mailto:Jaimie.Reavis@TukwilaWA.gov] Sent: Friday, March 31, 2017 4:03 PM To: Karen Walter; Karen Walter Subject: Re: Notice of Application - Tukwila Storage Yard PL17-0010 Hi Karen, Attached are the wetland reports (original and revised), along with plans and other supporting information for this project. I don't believe I've received a copy of the original wetland delineation, so I will need to request that from the applicant in order to send it over for your review. Please let me know if you have any questions or need any other information. Thank you, Jaimie Jaimie Reavis Senior Planner' City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie. ReavisPTukwilaWA.gov ( www.tukwilawa.gov The City of opportunity, the community of choice. From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Friday, March 31, 2017 8:13:17 AM To: Jaimie Reavis Subject: RE: Notice of Application - Tukwila Storage Yard PL17-0010 Hi Jaimie, We received this NOA and need more information to fully evaluate this project. Can we get a copy of the proposed site plan; the wetland delineation report; and the wetland/buffer mitigation plan? We would appreciate it. https://outlook.office365.com/owa/?viewmodel=ReadMessageltemBltemID=AAMkADcwOTdiODIILTVIMjEtN DQwMi04Mj.11mLWUSYzBkNjVhZDIOYwBG... 3/4 11/14/2017 Re: Notice of Application - Tukwila Storage Yard PL17-0010 - Jaimie Reavis Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Jaclyn Adams [Jaclyn.Adams@TukwilaWA.gov] Sent: Wednesday, March 29, 2017 9:42 AM To: Jaclyn Adams Cc: Jaimie Reavis Subject: Notice of Application - Tukwila Storage Yard PL17-0010 To Concerned Parties, Attached is a Notice of Application regarding Special Permission and SEPA Planned Action for the Tukwila Storage Yard Project in Tukwila. Written comments on the project may be submitted by email to Jaimie.Reavis(a�TukwilaWA.gov<mailto:Jaimie.Reavis(a�TukwilaWA.gov>, or may be delivered by mail or in person to DCD, 6300 Southcenter Blvd., Suite 100. Please contact Project Planner Jaimie Reavis with any questions at (206) 431-3659 or Jaimie.Reavi sTukwilaWA.gov<mailto:Jaimie. Reavis(aiTukwilaWA.gov>. Thank you, Jaclyn Adams Administrative Support Specialist' City of Tukwila 6300 Southcenter B1, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 I F: 206-431-3665 Jaclyn.Adams(7a TukwilaWA.gov<mailto:Jaclyn.Adams@a,TukwilaWA.gov> [http://www. TukwilaWA.gov%3 chttp:/www.tukwilawa. gov/]http://www.TukwilaWA. gov<http://www.tukwjlawa.gov/> The city of opportunity, the community of choice https://outlook.office365.com/owa/?viewmodel=ReadMessageltem&ItemID=AAMkADewOTdIODIILTVIMjEtNDQwMi04M0mLW USYzBkNjVhZDIOYwBG... 4/4 11/14/2017 Re: PL17-0010 Tukwila Storage Yard - Jaimie Reavis Re: PL17-0010 Tukwila Storage Yard Jaimie Reavis Mon 6/12/2017 4:33 PM To: Swift, Lauren<lauren.swift@soundtransit.org>; Lauren, Thank you for submitting comments on the Tukwila Storage Yard project. We forwarded Sound Transit's comment letter to the applicant for a response, and received the following via email: The ownerships access rights and planned development do not interfere with the Sound Transit light rail guideway and the roadway to be improved already exists. As a party of record, you will receive copies of the City's decisions on the SEPA and Special Permission applications. Please contact me with any questions or further comments. Thank you, Jaimie Jaimie Reavis Senior Planner 'City of Tukwila 6300 Southcenter Blvd, Suite 100ITukwila, WA 98188 ph: (206) 431-3659 Jaimie. Reavis@TukwilaWA.gov I www.tukwilawa.gov The City of opportunity, the community of choice. From: Swift, Lauren <lauren.swift@soundtransit.org> Sent: Wednesday, April 12, 2017 2:51:22 PM To: Jaimie Reavis Cc: Levy, Chelsea; Batey, Val; Ridge, Cathal Subject: PL17-0010 Tukwila Storage Yard Jaimie Attached is Sound Transit's comment letter on the Tukwila Storage Yard project. Thank you, Lauren Swift, AICP Senior Environmental Planner Environmental Affairs and Sustainability Sound Transit W (206) 398-5301 C (2O6) 696-5072 https://outlook.office365.com/owa/?viewmodel=ReadMessagelteraltemID=AAMkADcwOTdiODIILTVIMjEtNDQwMi04MjJmLW USYzBkNjVhZDIOYwBG... 1/2 11/14/2017 Re: PL17-0010 Tukwila Storage Yard - Jaimie Reavis Connect with us facebook.com/SoundTransit twitter.com/SoundTransit VSOUNDTRANSIT https://outlook. office365.com/owa/?viewmodel=ReadMessageltem&Item I D=AAM kADcwOTd iODll LTVI Mj EtN DQwM iO4MjJ mLW USYzBkNjVhZDI OYwBG ... 2/2 SANSILKITIZI EER BOOS EO.NG CONSTRUCTION. COR0T ROC WO. EY16 .6MCIOR AD LOELOE A MOCO STRYCROI RETNO 2. ROI. M LITILMB*244 INSPECTOR AT 206-405-01Al LEAST b .EARS (2 Ran.w DAYS) ) WOSUR. PROJECT CT LE .ON. 3. MM`R. OM) I AWARE DI GALRG 2LTFLITY '�0B 433U . xoIRS 1DE ASAP. SOLE MM... FOR .001 SOETT. APO A. O MUM. wm °EIl6 MILTING MOM APPRO. COMIC. M19* A CR0n1 Caul OF 005 OFF i"""I.L' "" CEVELORENr OODEES Ara DONA MO CONSTR.. 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MMIKEMMMIIMIM ®B1t 2a01wATwn01ME BE.D ROCK OREN BM CLONED MEN COLLECTED MOS EXCEEDS In OF 6 DER. KEY ROOK NO0 OARRY ROCK. ROCK CHECK DAM DETAILS Nar TO SOLE ASPHALT PAVING SECTION Not TO 16. i-J.r.S"C*FIZ FORTS WEB ART. DOM. M' WOEARL. USE STAPUS OR M" �L5 TO TORN. 10 INK I I w"RI" R B a""w_ I I II II I I 11 -g ca"`"L.rzRH16Ahs'LEn Fac PE"`gt LJ RLTER FABRIC FENCE DETAIL 1.1 NOT TO SOLE RLTER FABRIC FENCE INSTALLATION NOTES TEE `BAAR`"RB`R t'1TO 00EIM 0 . OF BE 0 n" CUT FITTEREmm D` S.1 E SNCED T°mxER ONLY AT A LN WEN N.. W. A MUSS.. 6-11.1 dERW. ARO TH PROS ECO., FASTENED 70 M POST. THE FILTER `"a Tixt"5.1 E POSTS SHALL EE' MPACED A uXX.1 OF 6 FEET ANCOWIDIRS III COMM SECUREST MOM GROUND aOUW OF 00 NOES). TRENCH EinroETHEX WOOD EXCAVATED. TO ALLOW `CME FILIM RIDE :ORK'TO BEE REED. RP6LaPE M FRANC VS. A NNE ExAl ESN SUPPORT FENCE S 0801 SOMA. tl YC�OiEMOTE BE r TO M WLOE 6"E OF M POSTS UAW REM DUTY ONE STARES Al LEAST I NCH Law. TIE .Es DR HOG Rwrs. M PTO NERDS Aw SOAI HOT EXTENDEXTENDNCR(.11 6RRCP. ONE ORM. GROUND FACE. DE SUN.. STRING.m FaUC MALE STAPLED OR ROD to THE FENCE. Mal 20 NOES OF THE FM. S.1 E EX110E0 MO TO TR(xM. ` t NOT WEND LC. TIM1 36 NOES ABOVE TIE O 19111 GROUND .PALE.R1ER FABR CSHALL NM BE STARED TO COS. TREES. CASE. MENE ZI F'ARRCRS FAKED OR WIRED DDECTLY6TO TIC POSTS LWax AU. OTHER PRW6row M STANDARD . i 1 5 APR. 1MENCx SHALL E MO2u0 "Ex S/A-xM MONN ODIEIFN .. ED GRAM. a Fl. PRRPOSE. BUT "NxCWO11 FE ROOMED W. Ter HAVE SEWED LYN RE DE UPSLOE AEA 1MS BEEN PERME'ELY DDT STOWOED. "L`BE"w`P w"EPPIEST ONO DmHOaRAW. AM R.. EAM1 BE w"NODEA Altmann Oliver Associates, LLC PO Box 578 Carnation, WA 98014 Mire (425) 333- . 35 Fax (425) 333-4509 May 30, 2017 AOA Environmental Planning & Landscape Architecture AOA-4748 Jaimie Reavis Senior Planner City of Tukwila 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 SUBJECT: Tukwila Storage Yard — 4113 S. Boeing Access Road Parcel 334840-1890, Tukwila, WA City Files: PL17-0010 Response to SEPA Comments Dear Jaimie: The purpose of this letter is to address the comments received from the WA Department of Ecology and the Muckleshoot Tribe on the subject project during the SEPA Notice of Application period. WA Department of Ecology The comments presented by Paul Anderson with the Department of Ecology related to the impression by DOE that there is a current violation associated with recent wetland filling on the property. I spoke with Paul and explained that the more recent clearing/grading that was the subject of the City violation only occurred within the buffer on top of the historic pre-1990 wetland fill and that no new wetland filling has occurred or is proposed. For reference I have attached the 1988 letter from the Corps of Engineers authorizing the original wetland fill (Attachment A). It was my understanding that Paul seemed satisfied with this clarification. Muckleshoot Tribe Karen Walter with the Muckleshoot Tribe presented the following comments in an April 12, 2017 e-mail to you. My responses to these comments are below s.e,t*12_ F_ Jaimie Reavis May 30, 2017 Page 2 1. What are the known dates of the wetland and/or wetland buffer violations on this site? The Dec 2, 2016 letter from Altmann Oliver Associates implies that there were further violations post the City's 10/27/2014 Violation Order? Were there further violations of clearing and grading of this wetland or its buffer? There have been no violations on this property post 2014. As discussed above, the wetland in the northern portion of the site was historically filled and the filling was subsequently approved by the Corps of Engineers in 1988 (Attachment A). The 2014 violation consisted of clearing and grading on top of a portion of the previously filled area and included a relatively small area of degraded wetland buffer in the southern portion of the proposed development area. 2. The Violation Order specifically states that the mitigation plan was to be installed by November 30, 2014. Since this work appears to not have been done yet, what is the mitigation for the temporal loss of wetland functions and wetland buffer functions as a result of the previous clearing and grading actions that have not been mitigated? There is no mention of these mitigation measures in the materials we reviewed. It should be noted that the site may be limited in its ability to fully mitigate for project impacts; therefore, the applicant may need to look at off -site areas, including King County's ILF program. There has been no temporal loss of wetland functions since no wetlands have been recently filled. Furthermore, the total area of wetland buffer actually impacted on the site by the recent clearing is relatively small and was not functioning at a high level prior to impact. The City of Tukwila's municipal code specifically allows buffer reduction with the implementation of a buffer enhancement plan. We have prepared a buffer enhancement plan (Figures 1 through 8) that will significantly increase the plant species and structural diversity of the degraded buffer on the site. Early on in the project an agreement was reached with the City that the buffer restoration would be conducted in conjunction with the proposed project to avoid restoring areas that would then be subsequently impacted as part of a development proposal. The proposed enhancement of the � etktg degraded on -site buffer should fully mitigate for the proposed code- V (� allowed buffer reduction and no off -site mitigation is necessary. V`' V1 3. Where is the analysis to demonstrate how the requested wetland buffer reduction meets TMC 18.45.080(F)? Jaimie Reavis May 30, 2017 Page 3 TMC 18.45.080.F allows for the reduction of a standard by up to 50% only on degraded buffers that do not contain slopes in excess of 15%. The buffer proposed for reduction with enhancement is relatively flat and has been significantly degraded through historic filling and the establishment of invasive plant communities. As part of the enhancement plan, fill material and invasive non-native species would be removed and the area re -planted with a wide variety of native species to increase the plant species and structural diversity of the wetland and buffer over existing conditions. These plantings would increase the wildlife habitat of the area while also providing increased screening to the wetland from the storage yard and would therefore meet the requirements of TMC 18.45.080.F. In addition, a water quality treatment area has been designed for the area adjacent the enhanced buffer. This stormwater facility would treat runoff from the storage yard prior to discharge into the buffer and wetland. 4. Has the rest of the property been surveyed for wetlands? The 2015 aerial photo from KC IMAP suggests a different vegetation type in the upper NE corner of the property near Sound Transit's rail line. Yes the rest of the property was reviewed. The different vegetation type in the NE corner of the property as observed on the 2015 iMAP aerial is a result of the area being used as a Sound Transit staging site and is clearly evident on the 2007 aerial photo (Attachment B). 5. We didn't see the proposed truck storage plan set sheets with the materials received. Does the applicant have detailed site plan drawings? Please request the most recent plan set from the applicant. 6. How does the applicant propose to manage stormwater generated by the new truck storage project? Please see most recent stormwater plans prepared by Barghausen Consulting Engineers. 7. Has the applicant notified state (WDOE, WDFW) and the Corps of Engineers of their wetland/wetland buffer violation? They may also need state and federal permits to resolve their violations, assuming theses agencies have jurisdiction over the wetland. As discussed above, I have been in contact with Paul Anderson from the WA Department of Ecology and since there has been no unpermitted wetland fill no further contact with the Corps of Engineers, WDOE, or WDFW is required to resolve the clearing violation. Jaimie Reavis May 30, 2017 Page 4 If you have any questions, please give me a call. Sincerely, ALTMANN OLIVER ASSOCIATES, LLC • John Altmann Ecologist City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director NOTICE OF COMPLETE APPLICATION March 15, 2017 Mr. Dan Balmelli Barghausen Consulting Engineers 18215 72"d Ave S Kent, WA 98032 Subject: 4113 Boeing Access Road (parcel #334840-1890) - Special Permission - Director L17-0016 Dear Mr. Balmelli: Your application fora Special Permission - Director for wetland mitigation and a request to reduce the buffer width of a Category III wetland for construction of a paved storage yard area on the south side of the Boeing Access Road (parcel #334840-1890) is considered complete on March 15, 2017 for the purposes of meeting state -mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Please feel free to contact me with any questions at (206) 431-3659. Sincerely, Ve7a0"--e Jaimie Reavis Senior Planner Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov