3615 GEYER LN 2020-05-22 - Laserfiche WebLink

watercourses,including swales,roadside ditches, and irrigation canals, are not considered streams. Artificial watercourse which flowed naturally defined channel prior to the creation of the artificial watercourse or are used by salmonid fish are considered streams. WaterMark Critical Areas,LLC determined that the channel was not a stream based on the length of the channel,the location of the channel relative to past development that includes significant fill for individual house sites,the presence of four pipes draining to the channel,the lack of a channel south of Upland Drive(upslope), aerial photography,topographic mapping, and critical areas mapping. See Letter of Finding in Appendix(WaterMark Critical Areas, LLC 2016). The city responded that they would require a peer review by another biological consultant to determine if the channel was a stream. The requirement was in part due to the inconsistency of regulation of the channel the past. The landowner on the adjacent property south was required to replant the riparian area based on a May 2006 assessment by the Jay Group, Inc that determined the channel was a Type Ns stream. To the northeast, an ongoing permit to build a single-family residence, did not regulate the channel as a stream. On December 2,2016,the site was visited by Steve Ingalsbe(City of Everett Land Use Planning Manager),Joni Urbanski(WaterMark Critical Areas, LLC), Jamie Bails (Washington Department of Fish and Wildlife Areas Fisheries Biologist), and Daniel and Svetlana Filippov (landowners). The site visit did not result in a determination of the regulatory status of the channel. We were not able to determine if the channel originated from a nature source such as a previously filled wetland or seep. The modification of the topography associated with home site development is significant in this area. Fill slopes of greater than four feet in height are common. It was not possible to determine if a natural stream channel existed before the construction of the ditch during the site visit. The conclusion of the meeting was to elect to regulate the channel as a stream or acquire the services of a city approved consultant to assess the channel. The Filippov's have chosen to regulate the channel as a Type Ns stream to facilitate the permit process for the single-family residence. In the future,they may pursue hiring a city approved consultant to get another opinion to determine the regulatory status of the channel. This assessment will address the restoration of the channel as Type Ns stream. Buffer will be enhanced in compliance EMC 19.37.170 C. Standard Stream Buffer Width Reduction with Enhancement. Type Ns Stream Buffer Enhancement Planting Everett Municipal Code(EMC) 19.37.170 Standard stream buffer requirement is 75 feet when vegetation existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species. The house will be setback 27 feet on the east side of the channel This approach will be consistent with the city of Everett Non-Conforming Building NCB #14-019 Planning Director Decision determined for the property in 2014 based on non-conformities that were established prior to current zoning code regulation for the property. Retained buffer on the property will be planted 3