DNS LetterCOMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325253-835-7000www.cityoffederalway.com
Jim Ferrell, Mayor
February 7, 2022
Ben Eldridge
Barghausen Consulting Engineers
18215 72nd Avenue South
Kent, WA 98032
beldridge@barghausen.com
Re: FILE #21-102067-SE; SEPA THRESHOLD DETERMINATION
Smith Brothers Farms, 34520 9th Avenue South, Parcels 926480-0060 and -0070, Federal Way
Dear Mr. Eldridge:
The city has reviewed the environmental checklist submitted with the Use Process III application for the
Smith Brothers Farm project located 34520 9th Avenue South. It has been 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.
A 14-day comment period is required by the SEPA rules (WAC 197-11-340). A notice inviting comments will
be published in the Federal Way Mirror, posted onsite, posted on the city website, and mailed to all property
owners within 300 feet of the site and agencies on February 11, 2022. The city will prepare three Public
Notice Boards that the applicant will be responsible for posting on site by February 11, 2022. Further
posting instructions and the notice boards will be available for pick-up at Will Call at the Receptionist Desk
on the 2nd floor of City Hall on November 7, 2022.
At the end of the comment period, the department will determine if the DNS should be withdrawn,
modified, or issued as proposed. All final determinations may be appealed within 21 days (March 18, 2022)
following the comment deadline. No licenses, permits, or approvals will be issued until completion of the
appeal period.
Our decision not to require an EIS does not mean that the license, permit, or approval you are seeking from
the city has been granted. Approval or denial of the proposal will be made by the appropriate administrative
or legislative body vested with that authority.
After a final decision has been made on your proposal (i.e., after a permit has been issued), 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.
Mr. Ben Eldridge
Page 2 of 2
February 7, 2022
File # 21-102067-SE Doc. I.D. 82017
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 on it has a specified time period within which
any court appeals must be made.
Questions regarding the environmental review component should be directed to me at
becky.chapin@cityoffederalway.com, or 253-835-2641.
Sincerely,
Becky Chapin
Senior Planner
enc: DNS
c: Kevin Peterson, Senior Engineering Plans Reviewer
Sarady Long, Senior Transportation Planning Engineer
Scott Hougham, KGIP, shougham@kgip.com
Dustin Highland, Smith Brothers Farms, dhighland@smithbrothersfarms.com