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07-103420CITY OF 1. Federal Way August 31, 2007 Katie Johnson Realcom Associates 14432 Eastgate Street, Suite 260 Bellevue, WA 98007 F I LF CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www. cityoffederalway. com RE: File #07-103420-00-SE; DNS LETTER TO APPLICANT AT&T @ BUENA (WA931), 31001 Bch Avenue South, Federal Way Dear Ms. Johnson: This office and other City staff have reviewed the environmental checklist you submitted. We have determined that the proposal will not have a probable significant adverse impact on the environment. As a�result, an Environmental Impact Statement (EIS) is not required to comply with the State Environmental Policy Act (SEPA). A copy of the Determination of Nonsignificance (DNS) is enclosed. The 14-day comment period required by the SEPA Rules (WAC 197-11-355) ran concurrently with the public comment period associated with the notice of land use action. The comment period began on July 28, 2007, and ended on August 13, 2007. The City received no public comments during this time. The enclosed DNS was issued on August 31, 2007- A final determination may be appealed within 14 days of the date of issuance. No licenses, permits, or approvals may be issued until completion of the appeal period, which will end September 14, 2007. You may, but are not required to, publish a Notice of Action as set forth in RCW 43.21C.075. The Notice of Action sets forth a time period after which no legal challenges regarding the proposal's compliance with SEPA can be made. A copy of the Notice of Action form and copies of RCW 43.21C.080 and WAC 197-11-680 providing instructions for giving this notice are available from the Department of Community Development Services. The City is not responsible for publishing the Notice of Action. However, the City is responsible for giving a notice (to parties of record) stating the date for commencing a judicial appeal (including the SEPA portion of that appeal) if your proposal is one for which the City's action has a specified time period within which any court appeals must be made. If you need further assistance, please contact Laura Kim, Associate Planner, at 253-835-2641 or laura.kim@cityoffederalway.com. Sincerely, �J�V Kathy McC[Ung, Director Community Development Services enc: DNS Doc. I D 42213 CITY OF L ^,-••"' Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST AT&T @ BUENA 30929 Sth Avenue South, Federal Way File No: 07-103420-SE, 07-103419-UP NOTE: Technical reports and attachments referenced above may not be attached to all copies of this decision. Copies of exhibits, reports, attachments, or other documents may be reviewed and/or obtained by contacting Laura Kim, Associate Planner, 33325 8,h Avenue South, PO Box 9718, Federal Way, WA 98063-9718. Phone: 253-835-2642. I. SUMMARY OF PROPOSED ACTION The applicant proposes to install up to 12 panel antennas to support its wireless network. Associated transmission equipment will be housed in a CMU block building. II. GENERAL INFORMATION Project Name: AT&T @ Buena Applicant: The New AT&T (f/k/a Cingular Wireless) Agent: Katie Johnson Realcom Associates 14432 SE Eastgate Way, #260 Bellevue, WA 98007 206-604-7760 Location: 30929 8tn Avenue South, Federal Way, WA Zoning: RS 7.2 Comprehensive Plan Designation: High Density Residential L. The following information was submitted as part of the applications. 1. SEPA checklist, June 22, 2007 2. Photo simulations of proposed development 3. Preliminary Design Plans, prepared by Cornerstone Engineering, Inc, June 10, 2005 4. Process III application submittal letter, signed by Kate Johnson, June 25, 2007 5. Title report for parcel number 082104-9029 6. Radio Frequency Chart, prepared by John R. Williams, November 2002 III. REVIEW PROCESS The proposed action is subject to the State Environmental Policy Act (SEPA) review because it does not meet the exemptions contained in WAC 197-11-800(27). IV. BACKGROUND/PROPOSAL The application was submitted on June 25, 2007, and deemed complete on July 23, 2007. A Notice of Land Use Application and Anticipated Determination of Nonsignificance (DNS) was issued for the project on July 28, 2007. V. REVIEW OF THE ENVIRONMENTAL CHECKLIST The following lists the elements contained within the environmental checklist submitted for the proposed Personal Wireless Service Facility (PWSF). The numbers in the staff evaluation correspond to the numbers in the environmental checklist. If staff concurs with the applicant's response, this is so stated. If the response to a particular item in the checklist is found to be inadequate or clarification is needed, there is additional staff comment and evaluation. A. BACKGROUND 1-12. Concur with the checklist. B. ENVIRONMENTAL ELEMENTS 1. Earth a-h. Concur with the checklist. 2. Air a-c. Concur with the checklist. 3. Water a. (1) — (6) Concur with the checklist. b. (1) — (2) Concur with the checklist. C. (1) — (2) Concur with the checklist. d. Concur with the checklist. Final Staff Evaluation for Environmental Checklist Page 2 AT&T @ Buena 07-103420/Doc. 1 D 42206 4. Plants a-d. Concur with the checklist. 5. Animals a. There may be song birds in the vicinity. b.-d. Concur with the checklist. 6. Energy and Natural Resources a-c. Concur with the checklist. 7. Environmental Health a.-b. Concur with the checklist. 8. Land and Shoreline Use a-k. Concur with the checklist. 1. Compliance with the city's adopted telecommunication development and siting ordinance (FWCC Section 22-966), in regard to prioritized location and development standards, should mitigate adverse impacts. 9. Housing a-c. Concur with the checklist. 10. Aesthetics a-c. Concur with the checklist. 11. Light and Glare a-d. Concur with the checklist. 12. Recreation a-c. Concur with the checklist. 13. Historic and Cultural Preservation a. Concur with the checklist. b. The site was already disturbed when the water tank was developed. C. Concur with the checklist. 14. Transportation a. A 40-foot driveway from 8`h Avenue South may be required. b-g. Concur with the checklist. 15. Public Services a-b. Concur with the checklist. 16. Utilities a-b. Concur with the checklist. Final Staff Evaluation for Environmental Checklist Page 3 07-103420/no� i D. 42206 AT&T @ Buena VI. CONCLUSION The proposal can be found to not have a probable significant adverse impact on the environment pursuant to a Determination of Nonsignificance (DNS). This DNS is based on impacts identified within the environmental checklist, attachments, and the above "Final Staff Evaluation for Environmental Checklist," and is supported by plans, policies, and regulations formally adopted by Federal Way for the exercise of substantive authority under SEPA to approve, condition, or deny proposed actions. The city reserves the right to review any future revisions or alterations to the proposal to determine the environmental significance or nonsignificance of the proposal. Prepared by: Laura Kim, Associate Planner Date: August 31, 2007 Final Staff Evaluation for Environmental Checklist Page 4 AT&T @ Buena 07-103420/Doc I D 42206 F I L,rn �L CITY OF `' "^'_^"�' Federal Way ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) Application No. 07-103419-UP, 07-103420-SE Project Name: AT&T @ Buena Project Description: The proposal is to add up to 12 panel antennas to support the "New AT&T" wireless network (formerly Cingular Wireless). The antennas will be located just below the rim of the water tower, which is about 81 feet above the ground, and they will be painted to match. The antennas measure approximately 6'8" x 10" x 5". Associated transmission equipment will be housed in a 209 square -foot shed to the east of the tower. Applicant: The New AT&T; PO Box 97061; Redmond, WA 98073 Applicant Contact: Katie Johnson c/o Realcom Associates; 14432 SE Eastgate Way #260; Bellevue, WA 98007 Project Location: 31001 8"' Avenue South Lead Agency: City of Federal Way City Contacts: Laura Kim, Associate Planner, 253-835-2641 The Responsible Official of the City of Federal Way hereby makes the following decisions based upon impacts identified in the environmental checklist, Federal Way Comprehensive Plan; Final Staff Evaluation, incorporated herein by reference as though set forth in full; and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to the Revised Code of Washington (RCW) 43.21C.060. The lead agency for this proposal has determined that the proposed action does not have probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period. This decision may be appealed by filing a written appeal within 14 days of the date of issuance listed below. Appeals must be submitted by 5:00 p.m., September 14, 2007. Responsible Official: Kathy McClung Position/Title: Director of Community Development Services Address: 33325 8`h Avenue South, PO Box 9718, Federal Way, WA 98063-9718 Date Issued: 8 3 I I Signature: Doc 1 D 42214 CRT OF 4& FFearal Way AT&T @ Buena 31001 8th Ave South Parcel No. 082104-9029 - = ors a -- t- �-- 'S 309 ST o 5 309,PL Lit - S 310=PL, _l File 07-103419-UP / 07-103420-SE 500 Feel N Sf?A C,4tJitoks-St Fed."-«k Wa1, -'111t tN4M � A. BACKGROUND 1. Name of proposed project, if applicable: 2. 0 Name of applicant: Ad ress and phone number of applicant and contact person: , 14Y-3a -SE 6�� W , a 4,n . r3c. !rc VUJ w � 9 9-607 �d4P . (pay• 77&0 �. 4. Date checklist prepared: N T T v� WA 9 3 )1 0 7 - lu34zu-00-'SE 5. Agency requesting checklist: Jr6�ta.� Waj ; (fie ja- of COmma.n1 Se VICC4 A 7. Proposed timing or schedule (including phasing, if applicable): D� w � t w e c�rr Ou"'cd pt-VnA4 � ISs"AAVIdt, Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. —no kA4Vn 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. `�io c✓te ��2�h -� �e JUN 2 5 2007 CITY OF FEDERAL WAY BUILDING DEPT. Bulletin #050 — December 22, 2005 Page 2 of 18 k:\Handouts\Environmental Checklist 10. List any government approvals �or"permits that will be needed for your proposal, if known. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. A� w "4- bt fi L emit b4- b 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other. J-LlitL b. What is the steepest slo a on the site (approximate percent slope)? 9' c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know tthe classification of agricultural soils, specify them and note any prime farmland. n / w Bulletin #050 — December 22, 2005 Page 3 of 18 k:\Handouts\Environmental Checklist d. Are tth)eree surface indications or history of unstable soils in the immediate vicinity? If so, describe. c'/W. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. IV I� f. Could erosion occur as a result of clearing, construction, or use? if so, generally describe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 50 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known604V�� pry- 41-b ap-Ev b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. Bulletin #050 - December 22, 2005 Page 4 of 18 k:\Handouts\Environmental Checklist c. Proposed measures to reduce or control emissions or other impacts to air, if any. 3. WATER a. Surface. 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 401-. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. Bulletin #050 — December 22, 2005 Page 5 of 18 k:\Handouts\Environmental Checklist 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. he /' w b. Ground. 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems; the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. c. Water Runoff (including stormwater) 1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. 2) Could waste materials enter ground or surface waters? If so, generally describe. Bulletin #050 — December 22, 2005 Page 6 of 18 k:\Handouts\Environmental Checklist d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. vrT� 4. PLANTS a. Check or circle types of vegetation found on the site. Xdeciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other _ shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plant: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? `LLD V � GcfC,�'iti `i� �•� c. List threatened or endangered species known to be on or near the site. `emu KaunJ�. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Bulletin #050 — December 22, 2005 Page 7 of 18 k:\Handouts\Environmental Checklist 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site. birds: hawk, heron, eagle, songbirds other mammals: deer, bear, elk, b , Cher fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. c. Is the site part of �a/mmiigration route? If so, explain. �,�� J ,� `TI/ T' Y— en(/ mac/ d. Proposed measures to preserve or enhance wildlife, if any. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, elcdx A7�0 VOM" r U(N b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. I vr,� Bulletin #050 - December 22, 2005 Page 8 of 18 k:\Handouts\Environmental Checklist c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. 1) Describe special emergency services that might be required. 2) Proposed measures to reduce or control environmental health hazards, if any. b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction operation, other)? Indicate what hours noise would come from the site. e4X',� Cat i�J w &.aaP 4/' l,- cc,)�JJ i2- hVtc-l- r Bulletin #050 — December 22, 2005 Page 9 of 18 kAHandoutsEnvironmental Checklist 8 3) Proposed measures to reduce or control noise impacts, if any. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? b. Has the site been used for agriculture? If so, describe. —1/w c. Describe any structures on the site. -moo ��� t�va.ir amino( d. Will any structures be demolished? If so, what? e. What is the current zoning classification of the site? I�s9.;2, f. What is the current con, rohomi'vo plan designation of the site? � Bulletin #050 — December 22, 2005 Page 10 of 18 k:\Handouts\Environmental Checklist g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as an environmentally critical area? If so, specify.,, i. Approximately how m y people would reside or work in the completed project? j. Approximately how many people would the completed project displace? k. Proposed measures to avoid or reduce displacement impacts, if any. 1-1'&'Ia---", 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. O GtJI/LC.�Q/Y� 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. Bulletin #050 — December 22, 2005 Page 11 of 18 k:\Handouts\Environmental Checklist b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. c. Proposed measures to reduce or control housing impacts, if any. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? b. What views in the immediate vicinity c; ity would be altered ref obstructed. u-� k 1 you.. . c. Proposed measures to reduce or control aesthetic impacts, if any. 11. UGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Bulletin #050 — December 22, 2005 Page 12 of 18 k:\Handouts\Environmental Checklist b. Could light or glare from the finished project be a safety hazard or interfere with views? c. What existing off -site sources of light or glare may affect your proposal? d. Proposed measures to reduce or control light and glare impacts, if any. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed displace any existing recreational uses? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. Bulletin #050 — December 22, 2005 Page 13 of 18 k:\Handouts\Environmental Checklist 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation registers known to be on or next to the site? If so, generally describe. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. c. Proposed measures to reduce or control impacts, if any. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. �,r qz) - -" �' /--, — w4A-t - /01�& Az� eY- b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop?J�I�� c. How many parking spaces would the completed project have? How man w eliminate? �A,, _ 4 Bulletin #050 — December 22, 2005 Page 14 of 18 k:\Handouts\Environmental Checklist d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, nor including driveways? If so, generally describe (indicate whether public or private). e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. d4-�,e Wt"u 4�La- Iv g. Proposed measures to reduce or control transportation impacts, if any. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. vru Bulletin #050 — December 22, 2005 Page 15 of 18 kMandoutsTrivironmental Checklist b. Proposed measures to reduce or control direct impacts on public services, if any. 16. UTILITIES a. Circle utilities currently available at the site: ectricit atural gas, water, refuse servic telephone anitary sewer, septic system, other (please list) �b. Describe the utilities tl# a proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. SIGNATURE: DATE SUBMITTED: U (" a-� ��e a G Bulletin #050 — December 22, 2005 Page 16 of 18 k:\Handouts\Environmental Checklist *t� DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 81h Avenue South PO Box 9718 CITY OF Federal Way WA 98063-9718 r 253-835-7000; Fax 253-835-2609 Fee l V.-a www,ciivoffederalway.cam DECLARATION OF DISTRIBUTION 1, - 1 hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) P9 Notice of Land Use Application & Anticipated DNS/MDNS ❑ FWCC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed 'fie -mailed and/or ❑ posted to or at each of the attached addresses on 2007. i Project Named -Ir- I as File Number(s) _ Q 7—/d 35/.26 - S E_ Signature Date 7--)&-D K:\CD Administration Files\Declaration of Distribulion_doc/last printed 1 /8/2007 4:34:00 PM Nk CITY OF Federal Way NOTICE OF LAND USE APPLICATION AND OPTIONAL DETERMINATION OF NONSIGNIFICANCE (DNS) Project Name: AT&T @ Buena (WA931) Project Description: This proposal is to add up to 12 panel antennas to support "The New AT&T" wireless network (formerly Cingular Wireless). The antennas will be located just below the rim of the water tower, which is about 81 feet above the ground, and they will be painted to match. The antennas measure approximately 6' 8" x 10" x 5". Associated transmission equipment will be housed in a 209 square -foot shed to the east of the tower. Applicant: The New AT&T; PO Box 97061; Redmond, WA 98073 Agent: Katie Johnson c/o Realcom Associates; 14432 SE Eastgate Way #260; Bellevue, WA 98007 Owner: Lakehaven Utility District; PO Box 4249; Federal Way, WA 98063 Project Location: 31001 8`b Avenue South Date Application Received: June 25, 2007 Date Determined Complete: July 23, 2007 Date of Notice of Application: July 28, 2007 Comment Due Date: August 13, 2007 (5:00 p.m.) SEPA File #. 07-103420-SE Permits Required: Process III Approval (File #07-103419-00-UP) Relevant Environmental Documents Are Available at the Address Below: X Yes No Optional Environmental Determination: Based upon review of a completed environmental checklist and other information on file with the City, it is anticipated that a Determination of Nonsignificance (DNS) will be issued for the proposed project. The optional DNS process in WAC 197-11-355 is being used. It is likely that the City of Federal Way will determine that the project will not have a probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) will not be required under RCW 43.21 C.030(2)(c). Existing Environmental Document(s): SEPA Checklist Integrated Comment Period: Consistent with the provisions of WAC 197-11-355, a single integrated comment period will be utilized to obtain comments on the Notice of Land Use Application and Notice of File No, 07-103419 Doc I D 41556 Optional Determination of Nonsignificance. This may be the only opportunity to comment on the environmental impacts of the proposal. Any person may submit written comments on the land use application or the environmental impacts of the proposal to the Director of Community Development Services by 5:00 p.m. on August 13, 2007. Only persons who submit written comments to the Director, or specifically request a copy of the decision, may appeal the Process III decision. However, any interested party may appeal the environmental threshold determination. Details of appeal procedures for the requested land use decision will be included with the written decision. Issuance of Final Environmental Determination: The final DNS may be issued without a second comment period, unless timely comments identify probable significant adverse impacts that were not considered by the Notice of Optional DNS. A copy of the DNS may be obtained upon request. Development Regulations to Be Used for Project Review Known at this Time: Federal Way City Code (FWCC) Chapters 18, 21, and 22 Consistency with Applicable City Plans and Regulations: Development of the site is subject to all applicable City codes and regulations, including the FWCC chapters pertaining to zoning, environmental protection, landscaping, community design guidelines, environmental protection, and planning and development. The official project file is available for public review at the Department of Community Development Services, 33325 8t' Avenue South. Comments may be mailed to PO Box 9718, Federal Way, WA 98063. City Staff Contact: Andy Bergsagel, Associate Planner Phone: 253-835-2644 File No. 07-103419 Doe. I.D. 41556 Wireless Provider: Site Name: Project Address: Parcel Number: r—,,kt Ku..6., Prepared by Realcorn Associates The New AT&T (f/k/a Cingular Wireless) AT k T (53 Lau kv%Q (WA?.bl) 30929 8th Avenue South 082104-9029 07 - LO 1411 - oL) - Lq (7/26/20{37) Tamara Fix - Re: Legal No#ice Y ---- - - --- Page 1 From: Teryl Heller <theller@fedwaymirror.com> To: "Tamara Fix"<Tamara.Fix@cityoffederalway.com> Date: 7/26/2007 10:57 AM Subject: Re: Legal Notice Attachments: Part.001; 19841515049.DOC Thanks, Tamara. Will do. Teryl Heller Federal Way Mirror 1414 South 324th Street, Suite B210 Federal Way, WA 98003 (phone) 253-925-5565 (fax) 253-925-5750 On Jul 26, 2007, at 9:11 AM, Tamara Fix wrote: > Please publish the following legal notice (AT&T @ Buena NOA & Opt DNS, > 07-103419) In Saturday's (July 28, 2007) issue. > Please furnish an affidavit of publication. > Thanks! > Tamara Fix > Administrative Assistant > City of Federal Way > PO Box 9718 > Federal Way, WA 98063-9718 > 253-835-2602 8/28i2097) Laura Kim - FWARC contact it � Page-1 From: "Swartz, Dave" <dave.swartz@weyerhaeuser.com> To: "Laura Kim" <Laura.Kim@cityoffederalway.com> Date: 8/28/2007 11:36 AM Subject: FWARC contact info Hi Laura, Thank you for your note. Here is just some brief information about myself and the Federal Way Amateur Radio Club (FWARC). The Federal Way Amateur Radio club is a 501(c)3 non-profit corporation located in Federal Way. One of the many public services that we perform is to assist the City of Federal Way with emergency communications support. We also provide assistance to community events such as Festival Days. (see www.fwarc.org) To facilitate radio communications in Federal Way we have constructed three radio repeater systems. Two of those system are at Lakehaven's Tanks 1 &4 site where AT&T wireless is planning to build a personal wireless facility. My responsibilities with the FWARC are repeater operations. I lead the team that builds, maintains, and operates the repeaters owned by the FWARC. I am serving as the point of contact for the FWARC on this issue. Here is my contact information. David Swartz P.O. Box 1797 Milton, WA 98354 phone: 253-924-6291 work 253-218-5874 cell email: dave.swartz@weyerhaeuser.com david@swartzfamily.org As you can see from the file related to this project we are very concerned that this system be engineered to not interfere with our co -located systems. We believe that the system as currently proposed has the potential to produce significant interference to our 147.04 repeater system which has been in operation at this site for many years. My understanding is that AT&T has now engaged their engineers to study the issue and hopefully develop an acceptable solution to eliminate this interference. Please don't hesitate to call me if you have any questions or do not understand any of the material presented. This can be quite technical and you are not expected to be an expert on the design of radio systems. Best wishes, Dave Swartz Federal Way Amateur Radio Club -rom: Laura Kim[mailto:Laura.Kim@cityoffederalway.com]