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Revised CA-10-0033 determination.pdfREVISED CITY OF EDMONDS CRITICAL AREAS RECONNAISSANCE REPORT Site Location: 9511 & 9513 Edmonds Way Tax Acct. Number: 27033600101400 & 27033600100200 Determination: Study Required Determination #: CRA -2010-0033 Applicant: John Bissell Owner: Whitworth Land On April 12, 2010, the City of Edmonds issued a determination that there was a wetland at the subject site based in part on a wetland report submitted by the applicant from Hart Crowser, dated March 4, 2010. The determination was not appealed. Subsequently, the applicant submitted a second report from Hart Crowser, dated July 21, 2010, which contradicted the earlier report indicating that there was in fact no wetland present on the site. As a result of the conflicting evidence, the City requested third -party review by Landau Associates of the documentation provided by the applicant and additional field work to evaluate whether or not a wetland was present on the subject site. After reviewing the applicant's evidence and performing additional field testing, Landau reported that there is no wetland at the subject site based on the City's critical areas criteria. A Technical Memorandum from Landau Associates, dated October 20, 2010, indicates that while there is some wetland -type vegetation at the site, the hydrology and soils did not indicate the presence of a wetland. As a result, the Citv's oriqinal determination_ issued on April 12, 2010, is hereby rescinded and replaced with this determination which finds no critical areas at the subject site as defined in Chapters 23.40 — 23.90 of the City of Edmonds Community Development Code. ►fTiR• WE r 27. 2010 Name Signatures Date CITY OF EDMONDS CRITICAL AREAS RECONNAISSANCE REPORT Site Location: 9511 & 9513 Edmonds Way Tax Acct. Number: 27033600101400 & 27033600100200 Determination: Study Required Determination #: CRA -2010-0033 Applicant: John Bissell Owner: Whitworth Land BACKGROUND During review and inspection of the subject site, it was found that the site contains and/or is adjacent to critical areas, including Wetlands, pursuant to Chapters 23.40 and 23.50 of the Edmonds Community Development Code (ECDC). The subject parcels are approximately 25,237 square feet and are surrounded by Edmonds Way (SR -104), 228th Street SW, and 95th Place West. A single family residence is located on the parcel adjacent to the west. The subject parcels are generally slightly below the level of the roads and contain little topography. The entire site, however, is at the foot of a larger slope to the north. As part of the critical area checklist application, the Applicant submitted a critical area report from Hart Crowser dated March 4, 2010, which identified a 5,450 square foot Category III wetland present on the western portion of the site. While a depressional wetland has been identified at the subject location, the Applicant raises the question of whether it is a regulated wetland or not. According to the Hart Crowser report, the wetland has existed only since July 2006 when the City installed a discharge pipe near the northern edge of the site and used the parcels as an infiltration basin for excess stormwater in the area of 2281 and 95th Place West (Page 3) — in other words, it is a man-made wetland. Using that one fact, the Applicant asserts that the wetland is not regulated pursuant to the Washington State Wetland Identification and Delineation Manual (1997), Part II Section 25.a.: "Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands." However, the City has reason to believe that the wetland has existed for much longer than the several years that the Hart Crowser report indicates. In reviewing the wetland delineation on Page 5 of the report, it indicates that "Data Plot DP -1 demonstrated wetland characteristics for all three wetland parameters (vegetation, soils, and hydrology)." The report goes on to say on Page 6 that with respect to soils at DP -1: "[t]his data plot demonstrated positive hydric soil characteristics within the identified wetland." According to the Field Guide for Wetland Delineations: 1987 Corps of Engineers Manual produced by the Wetland Training Institute in 2004: "Although wetland indicators of all three parameters (i.e. vegetation, soils, and hydrology) may be found in some man -induced wetlands, indicators of hydric soils are usually absent. Hydric soils require long periods (hundreds of years) for development of wetland characteristics, and most man -induced wetlands have not been in existence for a sufficient period to allow development of hydric soil characteristics." Given this information, it would appear that the subject wetland is much more than four years old. In fact, it would appear that the wetland is not man-made (although used by man in the past) and is thus a regulated wetland subject to Edmonds' critical areas codes. The Applicant may choose to submit additional information in support of the contention that the subject wetland should not be considered a regulated wetland. However, any such information will be sent by the City for peer review pursuant to ECDC 23.40.090.6. Alternatively, development proposals for the parcel could be proposed which comply with the relevant sections of the critical areas code — ECDC 23.40 and 23.50. GENERAL CRITICAL AREAS REPORT REQUIREMENTS Critical Areas Reports identify, classify, and delineate any areas on or adjacent to the subject property that may qualify as critical areas. They also assess these areas and identify any potential impacts resulting from your specific development proposal. If a specific development proposal results in an alteration to a critical area, the critical areas report will also contain a mitigation plan. You have the option of completing the portion of the study that classifies and delineates the critical 2 areas and waiting until you have a specific development proposal to complete the study. You may also choose to submit the entire study with your specific development application. • Please review the minimum report requirements for all types of Critical Areas that are listed in ECDC 23.40.090.D. There are additional report requirements for different types of critical areas (see below). • Note that it is important for the report to be prepared by a qualified professional as defined in the ordinance. There are options on how to complete a critical areas study, and there is an approved list of consultants that you may choose from. You may contact the Planning Division for more information. • General Mitigation Requirements for all Critical Areas are discussed in ECDC 23.40.110 through 23.40.140. REPORT REQUIREMENTS — WETLANDS The site investigation has shown that the site may contain or be adjacent to a wetland. Wetlands are areas inundated or saturated by ground or surface water that support, under normal circumstances, vegetation adapted for life in saturated soil. • Wetlands are generally rated according to their size, condition, function, and vegetation types into four (4) different categories described in ECDC 23.50.010 and by use of the "City of Edmonds Wetland Field Data Form" by the critical areas consultant. • Buffer widths for wetlands vary depending on the category of the wetland as listed in ECDC 23.50.040. F. In addition to the general requirements for Critical Areas reports referenced above, there are specific Critical Areas report requirements for wetlands that are provided in ECDC 23.50.030. DEVELOPMENT PROPOSALS ASSOCIATED WITH WETLANDS Development proposals that encroach into wetlands, wetland buffers, or building setbacks may be allowed through the approval of certain processes. • The width of a wetland buffer may be reduced through buffer enhancement if the criteria described in ECDC 23.50.040.F.3 can be met. The maximum amount that a buffer can be reduced through buffer enhancement is 50%. • A buffer may also be modified through a process called buffer averaging. The criteria applied to buffer averaging are listed in ECDC 23.50.040.F.4. The maximum amount that the buffer width can be reduced at any single location through buffer averaging is 50%. • Development proposals that propose encroachments into buffers beyond what is allowed through the above methods require a Critical Areas Variance. Specific criteria for such variances are identified in ECDC 23.40.210. If you think that you have a proposal that may require a variance, please contact a Planner for more information. • Any time a development proposal requires an alteration to a wetland, a mitigation plan is required as part of the Critical Areas report. In addition to the General Mitigation requirements referenced above, mitigation requirements specific to wetlands are provided in ECDC 23.50.050. • NOTE: There are specific performance standards for the subdivision of lands in wetlands and wetland buffers. These are listed in ECDC 23.50.060. 3 ALLOWED ACTIVITIES AND EXEMPT DEVELOPMENT PROPOSALS Certain activities are allowed in or near critical area buffers as specified in ECDC 23.40.220. Similarly, certain development proposals may be exempt from Critical Areas Requirements (ECDC 23.40.230). If you have any questions about whether your proposed development qualifies as an allowed or exempt activity, please contact a Planner for more information. If you have any questions about this determination, please contact a Planner for more information. Michael Cluqston, AICP April 12, 2010 Name Signature Date NOTE: Cited sections of the Edmonds Community Development Code (ECDC) can be found on the City of Edmonds website at www.ci.edmonds.wa.us. 0