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16-104021 ECEIVED REQUEST FOR£.,MINISTRATIVE DECISION AUG �� DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF 33325 8`h Avenue South Federal Way Federal Way,WA 98003-6325 CITY OF FEDERAL 1,11/AY 253-835-2607;Fax 253-835-2609 CDS www.cityoffederalway.com FILE NUMBER ' - / O 2 1 Date Oru I ] a 0169 Applicant NAME PRIMARY PHONE �i4-<,( i PielCh� c'k -Co BUSINESS/ORGANIZA1I N ALTERNATE PHONE MAILING�AjD�ADDRESS -/ry/-{� I�'/j foe E-MAIL y/([///y��l/ /� ten,, CITY 9 0A i ' l Y 1 V C f o e STATE ZIP FAX io c s .. �1 a.h� �-0 4 `T'hccyvt rA wry- CI 810)— Property Address/Location 37CT0(c 13-TH. Ave . Description of Request (-r I >-i e d`A Ar ck- 0 l ced-- Secv (ILA .co-v &5T(e&an_ V eff an& ro-t-i tA-9 . List/Describe Attachments For Staff Use 07 till Interpretation/Clarification - No Fee Critical Areas Letter/Analysis/Peer Review - No Fee(Actual Cost if Applicable) ❑ Request for Extension(Land Use/Plat Approval) - Check Current Fee Schedule ❑ Revisions to Approved Permit - Check Current Fee Schedule ❑ Tree Removal - No Fee ❑ Zoning Compliance Letter - Check Current Fee Schedule Bulletin#079—January 4,2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision Stacey Welsh From: John <vipcarsl@yahoo.com> Sent: Wednesday,August 24, 2016 9:24 AM To: Stacey Welsh Subject: Re: Direct Services For$5000 I have estimate to do geotech,with excavator work,not looking into storm water ditch! Sent from my iPhone On Aug 24, 2016,at 8:24 AM,Stacey Welsh<Stacev.Welsh@citvoffederalway.com>wrote: Mr. Piekhotin, Please review the attached cost estimate. If you are interested in proceeding with the Critical Area Direct Services Program with Landau, a copy of any contract/agreement between the applicant and the consultant shall be provided to the City. Moving forward,direct communication between the consultant and applicant is permissible,as long as the City is copied on all such communication. Thank you, Stacey Welsh, AICP Senior Planner <image001.jpg> 33325 8th Avenue South Federal Way,WA 98003-6325 Phone:253/835-2634 Fax: 253/835-2609 www.cityoffederalway.com From: Steve Quarterman [mailto:suarterman@landauinc.com] Sent: Tuesday, August 23, 2016 3:07 PM To: Stacey Welsh Subject: RE: Direct Services Stacey, Please find attached requested direct services proposal. We will submit the attached to the applicant, but would like to determine if the City would like to review prior to submitting. Thank you, Steven Quarterman Landau Associates Ext. 121 Direct: (425)329-0321 1 From:Stacey Welsh [mailto:Stacey.Welsh@citvoffederalway.comj Sent:Thursday,August 18, 2016 10:54 AM To:Steve Quarterman<squarterman@landauinc.com> Subject: Direct Services Steve, See the attached Critical Area Direct Services Request and enclosures. Please provide a cost estimate. Any questions let me know. Thank you, Stacey Welsh, AICP Senior Planner <image001.jpg> 33325 Bch Avenue South Federal Way,WA 98003-6325 Phone: 253/835-2634 Fax: 253/835-2609 www.citvoffederalway.com <LAI Piekhotin Stream Services_prop - 08-23-16.pdf• 2 Stacey Welsh From: John <vipcarsl@yahoo.com> Sent: Wednesday, August 24, 2016 2:17 PM To: Stacey Welsh Subject: Re: Direct Services Sure,it's ripping off the people:from the cost of$1500 from Otak to Landau$5200!!!! Sent from my iPhone On Aug 24,2016, at 2:00 PM,Stacey Welsh<Stacey.Welsh@cityoffederalway.com>wrote: Mr. Piekhotin, We will consider this request for Direct Services closed. You need to obtain the services of a different consultant on your own to do the stream verification, rating and critical area report preparation.The City will have that report peer reviewed by one of our consultants at your cost per City Code Section 19.145.080.3. If you have any questions about this let me know. Stacey Welsh, AICP Senior Planner cmage001 jr g> 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253/835-2634 Fax: 253/835-2609 www.cityoffederalway.com From: John [mailto:vipcars1(ayahoo.com] Sent: Wednesday, August 24, 2016 9:20 AM To: Stacey Welsh Subject: Re: Direct Services No,thank you very much Sent from my iPhone On Aug 24, 2016,at 8:24 AM, Stacey Welsh<Stacev.Welsh@citvoffederalway.com>wrote: Mr. Piekhotin, Please review the attached cost estimate. If you are interested in proceeding with the Critical Area Direct Services Program with Landau, a copy of any contract/agreement between the applicant and the consultant shall be provided to the City. Moving forward, direct communication between the consultant and applicant is permissible,as long as the City is copied on all such communication. Thank you, 1 Stacey Welsh, AICP Senior Planner <rmage001.jpg> 33325 8th Avenue South Federal Way,WA 98003-6325 Phone:253/835-2634 Fax: 253/835-2609 www.citvoffederalway.com From: Steve Quarterman [mailto:squartermanlandauinc.com] Sent:Tuesday, August 23, 2016 3:07 PM To: Stacey Welsh Subject: RE: Direct Services Stacey, Please find attached requested direct services proposal. We will submit the attached to the applicant, but would like to determine if the City would like to review prior to submitting. Thank you, Steven Quarterman Landau Associates Ext. 121 Direct: (425) 329-0321 From:Stacey Welsh (mailto:Stacev.Welsh@citvoffederalway.coml Sent:Thursday,August 18,2016 10:54 AM To:Steve Quarterman<suarterman@landauinc.com> Subject: Direct Services Steve, See the attached Critical Area Direct Services Request and enclosures. Please provide a cost estimate.Any questions let me know. Thank you, Stacey Welsh, AICP Senior Planner <mage001..jpg> 33325 8th Avenue South Federal Way,WA 98003-6325 Phone: 253/835-2634 Fax: 253/835-2609 www.citvoffederalway.com <LAI Piekhotin Stream Services prop - 08-23-16.pdf5 2 Stacey Welsh From: Steve Quarterman <squarterman@landauinc.com> Sent: Tuesday,August 23, 2016 3:07 PM To: Stacey Welsh Subject: RE: Direct Services Attachments: LAI Piekhotin Stream Services_prop -08-23-16.pdf Stacey, Please find attached requested direct services proposal. We will submit the attached to the applicant, but would like to determine if the City would like to review prior to submitting. Thank you, Steven Quarterman Landau Associates Ext. 121 Direct: (425) 329-0321 From:Stacey Welsh (mailto:Stacev.Welsh@citvoffederalway.coml Sent:Thursday,August 18,2016 10:54 AM To:Steve Quarterman<squarterman@landauinc.com> Subject: Direct Services Steve, See the attached Critical Area Direct Services Request and enclosures. Please provide a cost estimate.Any questions let me know. Thank you, Stacey Welsh, AICP Senior Planner Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 Phone:253/835-2634 Fax: 253/835-2609 www.citvoffederalway.com 1 IA LANDAU ASSOCIATES August 23,2016 Vitaliy Piekhotin 2967 38th Avenue NE Tacoma,WA 98422 Re: Proposed Scope of Services and Cost Estimate Stream Verification/Typing Services 37006 12th Avenue South Federal Way,WA 98003 King County Parcel No.3221049080 Federal Way,Washington Dear Mr. Piekhotin: Landau Associates, Inc. (LAI) is pleased to provide this proposed scope of services and cost estimate to provide stream verification/typing services to you for the above-referenced project.This proposal is based on discussions with the City of Federal Way(City)and our experience on similar projects. Project Background We understand that you have elected to use the City's Optional Direct Services Program associated with the verification and typing of a stream located on King County Parcel No. 3221049080.The parcel is 2.23 acres,and the City has identified a potential stream that intersects the property associated with an open code violation on the property. Proposed Scope of Services LAI proposes to provide verification and typing of the stream per Federal Way Revised Code (FWRC) Chapter 19.145, "Environmentally Critical Areas,"especially Article III,"Fish and Wildlife Habitat Conservation Areas,"to include the following specific services: a) Background information review and coordination with the City to identify conveyance/ connection to upstream and downstream natural waterways,and fish use. b) If it is determined that the potential stream satisfies the definition of"stream"per the FWRC, LAI will complete field assessment of the segment of stream on the parcel to: i. Calculate stream slope for comparison with physical stream characteristics listed in Chapter 222-16-031 of the Washington Administrative Code(WAC) for presumed fish use. ii. Measure channel widths along the entire stream reach within the study area of the proposed project for comparison with physical stream characteristics listed in WAC 222-16-031 for presumed fish use(at least 10 cross sections will be measured). 130 2nd Avenue South • Edmonds,Washington 98020 • (425)778-0907 • www.landauinc.com Proposal:Piekhotin Stream Verification/Typing Services Landau Associates iii. Conduct qualitative habitat assessment to include characterization of in-stream large woody debris, riffles/pools,fish passage barriers, observed hydrology,and channel bed material. c) Prepare draft and final technical memorandum summarizing methods, results and conclusions, including applicable stream buffer widths. Assumptions • The City definition of"stream"excludes irrigation ditches,stormwater facilities,or other artificial watercourses unless they are used by resident or anadromous salmonid fish,or the feature was constructed to convey a natural stream that existed prior to construction of the watercourse. • The potential stream appears to be channelized adjacent to 12th Avenue South,and the City will provide available information regarding construction of the roadway and associated drainage utility locations. • The City critical areas code references stream classification in accordance with WAC 222-16- 030(Water Typing System).The Water Typing System references application of WAC 222-16- 031 (Interim Water Typing System)until adoption of water type maps,which have not yet been adopted.Application of criteria included in the Interim Water Typing System shall be applied. • Stream slope will be estimated for a 500-linear-foot segment of stream and will be based on elevation contours available from the King County iMap website. • Channel width measurements will be limited to the stream segment in Parcel No. 3221049080,which may be less than the minimum 500 linear feet representative segment referenced in WAC 222-16-030 and 031. • Development of a mitigation plan,if required, is not included in our proposed scope of services. • All necessary property access permissions will be arranged by the applicant and/or the City. • LAI's measurements will be completed using pin flagging,tape measure,and/or survey rod, the accuracy of which will be sufficient for evaluation.This scope of work does not include a formal land survey to locate wetland/waterway flagging. • LAI's services will be provided in accordance with the City's Critical Area Direct Services Program,eliminating the need for a third-party review of the report.Our scope and budget does not include responses to comments if a third-party review is performed. • The City will be copied on all written correspondence, including emails. Deliverables • Electronic(Adobe PDF)copies of the draft and final stream determination technical memorandum. August 23,2016 2 Proposal:Piekhotin Stream Verification/Typing Services Landau Associates Cost Estimate and Authorization We propose to provide the above-described services on a time-and-expenses basis in accordance with the budget set forth below and attached compensation schedule.The estimated cost for the scope of services described herein is$5,200. If project requirements change or unforeseen conditions are encountered that require services beyond the scope outlined above,we will bring these to your attention and seek approval for modification to the scope of services and budget,as appropriate.We will not exceed the total estimated cost for our services without prior authorization. Our services will be provided in accordance with the attached General Conditions,which are hereby made a part of this agreement. If the above-described scope of services and cost estimate are acceptable, please provide us with written authorization by signing in the space provided below and returning one signed original of this proposal. We require a retainer in the amount of$2,600 payable to Landau Associates, Inc. prior to beginning any work on this project.We will also require payment of any outstanding invoices prior to issuing the final documentation. We appreciate the opportunity to work with you on this project. Please contact us if you have any questions about our proposed scope of services and cost estimate for this project. LANDAU ASSOCIATES, INC. F= - - Steven J.Quarterman Senior Associate SJQ/J W W/ccy 2017-3903 \\edmdata02\Proposals\C Federal Way\2016.08_Frantsevich Stream Verification\LAI Piekhotin Stream Services_prop-08-23-16.docx Attachments: 2016 Compensation Schedule General Conditions August 23,2016 3 Proposal:Piekhotin Stream Verification/Typing Services Landau Associates AUTHORIZATION The scope of services and contractual conditions as described in this proposal and its attachments are accepted and Landau Associates, Inc. is authorized to proceed. By Signature• Printed For Firms Date *Name of person with contractual authority and firm responsible for payment of Landau Associates, Inc. billing. Stream Verification/Typing 3700612"Avenue South Federal Way,WA 98003 King County Parcel No.3221049080 August 23,2016 4 LANDAU COMPENSATION SCHEDULE -2016 Lik ASSOCIATES Personnel Labor Hourly Rate Senior Principal 250 Principal 225 Senior Associate 205 Associate 185 Senior 165 Senior Project 150 Project 137 GIS Analyst 137 Senior Staff/CAD Designer 121 Staff/Senior Technician II 107 Data Specialist 107 CAD/GIS Technician 107 Project Coordinator 98 Assistant/Senior Technician I 94 Technician 78 Support Staff 67 Expert professional testimony in court,deposition,declaration,arbitration,or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor,including overtime. Equipment Field,laboratory,and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent(12%)handling charge.A higher handling charge for technical subconsultants and for high-risk field operations may be negotiated on an individual project basis; similarly,a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates'services will be issued monthly.Interest of 1%percent per month(but not exceeding the maximum rate allowable by law)will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed,Landau Associates reserves the right to make reasonable adjustments to our compensation rates over time(e.g.,long-term continuing projects). T:TemplateAContractACompensation Schedule 2016A Landau Associates • LANDAU GENERAL CONDITIONS IA ASSOCIATES SERVICES TO BE PROVIDED—Landau Associates agrees to provide Client,for Client's sole benefit and exclusive use,the consulting services identified in Landau Associates'proposal(the Services).The proposal,together with these general conditions,form the Agreement under which the Services will be performed and shall have control over any other forms or agreements unless expressly modified in writing and signed by Client and Landau Associates.This Agreement gives no rights or benefits to anyone other than Client and Landau Associates.The Services are limited to those expressly set forth in the proposal.If a service is not specifically identified,it is expressly excluded.Landau Associates shall have no other obligations,duties,or responsibilities except as expressly provided in this Agreement.Client expressly agrees that Landau Associates shall have no responsibility for construction means,methods,or safety. DIFFERING CONDITIONS—Landau Associates shall be entitled to rely on the accuracy and completeness of all testing,services,reports,data,and other information furnished by Client regarding the project site.If Landau Associates believes that any condition encountered at the site or during the course of the project is inaccurate or differs materially from that indicated,reflected,or referred to at the time of Landau Associates'proposal, Landau Associates shall notify Client within a reasonable time.Such differing conditions shall include but are not limited to:access,physical conditions such as subsurface conditions or underground utilities,condition of existing structures,and the presence of asbestos or any substance or material categorized as hazardous or toxic by federal,state,or local laws and regulations.Landau Associates shall not be required to continue performing the Services until such time as a change in compensation,time for performance,and/or other resolution of the differing condition has been mutually agreed to by Client and Landau Associates. OWNERSHIP OF DOCUMENTS—Unless otherwise agreed as evidenced by mutual written confirmation,all logs,notes,calculations,reports,and other documents("Work Product")prepared by Landau Associates are instruments of service and are the property of Landau Associates.Client is responsible for appropriate use of the Work Product and recommendations by Landau Associates.Any and all such Work Product and recommendations are provided for the specific project(s),as identified;any reuse of the same for extensions of a project,or disregard for or deviation from Landau Associates'recommendations,or for use on any other project,shall be at Client's sole risk and without liability to Landau Associates.Client shall not,absent prior written agreement,use any Landau Associates Work Product if Landau Associates'Services have been terminated prior to completion or Landau Associates has not been paid in full.Client shall release,defend,indemnify,and hold Landau Associates harmless from all claims,losses,liabilities,damages,expenses,and costs arising out of the unauthorized use or reuse of the Work Product. STANDARD OF CARE—Landau Associates'services will be performed with the degree of skill and diligence normally employed by engineering or other professionals performing similar services in the project area at the time Services are performed.No other warranty or representation,either express or implied,is included or intended in our proposals,contracts,reports,and communications. INSURANCE—Landau Associates,at its own expense,carries professional liability,workers'compensation,and employer's liability coverage as required by applicable state law,and general liability insurance,including automobile liability.The amount of insurance available may vary from year to year.The professional liability insurance is written on a claims-made basis.If Client desires insurance coverage in addition to that carried by Landau Associates at the time of the Agreement,Landau Associates will cooperate to obtain such additional insurance,if available,at Client's expense. LIMITATION OF UABILITY—Landau Associates shall not be liable for loss or damage occasioned by delays beyond its control,or for loss of earnings, loss of use,or other incidental or consequential damages suffered by Client or others,however caused.Landau Associates'liability under this Agreement shall be limited as follows:(a)for insured liabilities arising out of Landau Associates'negligence,to the amount of the insurance then available to fund any settlement,award,or verdict;(b)for uninsured liabilities,to an amount not to exceed the total fee paid under this Agreement or$50,000,whichever is greater. PERSONAL LIABILITY—No employee of Landau Associates shall incur personal liability to Client related to the Services. INDEMNIFICATIONS—Client acknowledges that Landau Associates is not responsible for the creation or presence of contamination or pollution,if any,at the property.Client agrees to release,indemnify,and defend Landau Associates and any of its officers and employees from and against any claim,suit,action,or liability due to or related to contamination conditions at the property except to the extent such claim,suit,action,or liability is caused by the negligence of Landau Associates.For the purposes of this clause,contamination conditions shall mean the actual or alleged existence,discharge,release,or escape of any irritant,pollutant,contaminant,or hazardous substance into or upon the atmosphere,land, groundwater,surface water,or sediment of or near the property.Landau Associates will promptly notify Client of contamination conditions,if identified. SITE SUPERVISION—Landau Associates has no overall supervisory authority or actual and/or direct responsibility for the specific working conditions at the site and/or for any hazards resulting from the actions of any trade contractor.Unless expressly provided in the scope of services, Landau Associates has no duty to inspect,supervise,note,correct,or report any health or safety deficiencies of Client,contractors,or other entities or persons at the project site not employed or subcontracted by Landau Associates. PAYMENT—Invoices for Landau Associates'services will be issued monthly,payable upon receipt.Interest of 13/2 percent per month(but not exceeding the maximum rate allowable by law)will be payable on any amounts not paid within 30 days,payment thereafter to be applied first to accrued interest and then to the principal unpaid amount.Any attorney's fees or other costs incurred by Landau Associates in collecting any delinquent amount shall be paid by Client.If the Client fails to pay any invoice within thirty(30)days of the invoice date and such failure continues fifteen(15)days after Landau Associates gives Client notice of such failure,Landau Associates shall have the right to immediately terminate this Agreement and the Services provided hereunder.The right to terminate shall be without liability to Landau Associates and shall be in addition to all T.Templates\Contracts\General Conditions August 3,2016 Landau Associates other legal,equitable,or contractual remedies available to Landau Associates.Client shall have no right of setoff against any billings of Landau Associates for disputed claims or withholding of services. SUSPENSION OR TERMINATION—If Client requests suspension or termination of our services prior to completion,Landau Associates reserves the right to complete such analyses and records as are necessary to place the files in order,and,when necessary to protect our professional reputation,to complete a report on the services provided to date.Client shall compensate Landau Associates for personnel time and all reasonable expenses at current rates for work completed prior to suspension or termination and for work required to accomplish such closing. TIME BAR TO LEGAL ACTION—The parties agree that all legal actions by either party against the other concerning the Services provided under this Agreement shall be barred two(2)years after the completion of Services by Landau Associates. GOVERNING LAW—This Agreement shall be governed by Washington law unless otherwise mutually agreed upon in writing. SEVERABILITY AND SURVIVAL—In the event that any provision of this Agreement shall be held invalid and unenforceable by a decision of a court of competent jurisdiction,the remaining provisions shall be valid and binding.All terms of this Agreement allocating or limiting liability shall survive the completion of the Services hereunder and the termination of this Agreement. T:Templates\Contracts\General Conditions August 3,2016 Stacey Welsh From: Stacey Welsh Sent: Thursday,August 18, 2016 10:54 AM To: 'Steve Quarterman' Subject: Direct Services Attachments: 20160818104526.pdf; 23014339026.docx Steve, See the attached Critical Area Direct Services Request and enclosures. Please provide a cost estimate.Any questions let me know. Thank you, Stacey Welsh, AICP Senior Planner K tv rxe ,'�.. Federal Way 33325 8th Avenue South Federal Way,WA 98003-6325 Phone: 253/835-2634 Fax: 253/835-2609 www.citvoffederalway.com i f REQUEST FOR ADMINISTRATIVE DECISION DEPARTMENT OF COMMUNITY DEVELOPMENT CITY OF �,,.,,�-„' .� �, � ?.:jl� Federal Way 33325�Ih Avenue-6325 { Federal Way,WA 98003-6325 cm OF F DFPAL''�''fiY 253-835-2607;Fax 253-835-2609 (;D S www.citvoffcderalway.com FILE NUMBER ! - / 0 "'" ( Date c /! 7/?O f&0 Applicant NAME PRIMARY PHONE VI ll t 1 Pie Vi'lt t.1 c2- -Co l BUSINESS/ORGAN/2K7IN ALTERNATE PHONE MAILING ADDRESS E-MAIL CI' 961 l+v foe STATE ZIP PAX Viecco-s Zei rY (th .com Property Address/Location 3 70-0(C AV e- S. FEG -L (A t c,)w q$tiOD, j Description of Request C,r i ke e.A A rec. 0 C fed- Se..co fsz.. ' G v t -re A..ir1 V e r xi C c.-* a`v\ „Act. r"CI`�- . . List/Describe Attachments For Staff Use 0/ Code Interpretation/Clarification -- No Fee Critical Areas Letter/Analysis/Peer Review No Fee(Actual Cost if Applicable) ❑ Request for Extension(Land Use/Plat Approval) - Check Current Fee Schedule O Revisions to Approved Permit - Check Current Fee Schedule ❑ Tree Removal - No Fee ❑ Zoning Compliance Letter - Check Current Fee Schedule Bulletin 4079—January 4;2016 Page I of I k:\Handouts\Request for Administrative Decision Community Development Department 33325 8�d Avenue South Y Federal Way,WA 98003 253 835 2617 ' � 44 WIl%N irhntle(le li\il Coat NOTICE OF VIOLATION WARNING The undersigned City of Federal Way Code Compliance Officer hereby certifies and states that: 'Violation Location '37006 12th Avenue South ;File: 15 105113-000-00-VO [Property Owner's Name Sergey Kozhcvntkov jAddress 405 Porter Way, Unit B [City/State/Zip Milton, WA 98354 DESCRIPTION OF VIOLATION Mr. Kozhevnikov: The City of Federal Way has attempted to contact you since October 2015;you have never responded to correspondence from this office. It is very important that you contact the City of Federal Way Code Compliance as there may be civil penalties if the clearing and grading work you did on the above property if it is not corrected or satisfied per the Federal Way Revised Code(FWRC). FWRC, 19.120.070,"General Provisions" (I)General.The applicant shall comply with this section with respect to all clearing and grading actions.The requirements of FWRC Title 19, Division V, Environmentally Critical Areas,shall govern for proposed clearing and grading actions occurring in all critical areas. FWRC, 1.9.120.02(1,"Applicability" (2)Clearing and grading plan approval required.No person shall remove any trees,make changes or cause changes to be made in the surface of any land by clearing,grading, filling,or drainage alteration in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director;except for those activities that are exempt as described in FWRC 19.120.030. (3)'Free and vegetation retention plan approval required.No person shall remove any trees on a site without first obtaining approval of a tree retention plan by the director; except for those activities that are exempt as described in FWRC 19.120.030.Tree and vegetation removal may also require Class IV —General forest practices application approval as administered by the city of Federal Way per FWRC 19.120.180 et seq. Type of Permits Required: I. Use Process (Land Use)—The property owner must apply for a Process I Director's Decision.The application for a Process I may be acquired at the Federal Way City Hall Permit Center(due to the amount of grading, an Environmental Review(SEPA)could be triggered—see more below under SEPA comments). Following are the items required for submittal: File 4I5-1051 3 U0 01:..Vu Page I of 3 Doc U)72512 a. A formal site plan with the amount of cut and fill performed on the site;the plan must contain elements listed in FWRC 19.120.040. b. Show the trees removed(existing situation); 55.75 tree units must be retained on the site and be shown on the plan. c. There is a stream on the subject property,the applicant must illustrate they have not impacted the 50-foot to 35-foot steam buffers. It is likely a non-fish bearing stream(Np or Ns)under FWRC 19.145.270,"Stream Buffers." 2. Engineering Permits(EN)—Contact Public Works Development Services Manager El Walsh at 253-835-2730 for submittal requirements.The Use Process I grading and site plan can be used for the EN permit,if it contains the proper information. 3. State Environmental Protection Act(SEPA Review)— SEPA review is required if the property owner moved 500 cubic yards of dirt,or more(likely if the total disturbed area is one acre with a volume with a depth of three inches). Mr.Kozhevnikov,you need to obtain a civil engineer to determine how much cut was done on the site,the vegetation/tree removed,and showing parcel contours for the Development Services/Surface Water Management review. If SEPA is triggered,a Process III Land Use application is required. Process III applications are located at the Federal Way City Hall Permit Center. 4. Demolition Permit—The application and further information may be obtained at the Federal Way City Hall Permit Center. If there's an inclination there might be asbestos,contact the Puget Sound Clean Air Agency at www t sek;gi<iil.org;osk,trrs. Puget Sound Clean Air Agency can levy fines for noncompliance that will be in addition to City of Federal Way fines. 5. Change of Use—If the property owner(SK Trucking) intends to store or park commercial trucks (i.e.,vehicle storage and contractor yards for storage of commercial equipment vehicles, bulk building materials,and similar items)on the property, it is not a permitted use in the Single- Family Residential(RS)35.0 zone.Please contact the Permit Center(253-835-2607,or permiteenter(teeitvollederlam a .ctom) for direction and requirements(FWRC 19.120.020). Your property was found to be in violation of the above FWRC regulations. Mr. Kozhevnikov,you are receiving a violation confirmation letter that directs you to immediately resolve the violations.This violation confirmation letter includes code references to the specific codes your property is in violation of and the necessary requirements to bring the property into compliance with the FWRC and 2012 International Building Code(appendix.I,clearing and grading).Accompanying this letter you will find handouts for the change of use requirements and a checklist for commercial grade and fill. ACTION REQUIRED Within five days from the date of this letter,you must bring your property into compliance(see Types of Permits Required, number 1 —5,above).Once the property is brought into compliance, you must maintain the property to be in compliance with city codes. File#15-1051 13-000-o0-VO Page 2 01.3 Doc II)72512 A CIVIL INFRACTION CITATION MAY BE ISSUED IF THE VIOLATION CONTINUES BEYOND THE DATE AND TIME ESTABLISHED FOR CORRECTION. TILE AMOUNT OF THE PENALTY FOR EACH CIVIL INFRACTION SHALL BE AS FOLLOWS: First violation: $100.00 per day Second violation: $200.00 per day XX Third violation: $300.00 per day You must call for an inspection to verify compliance and to cease additional legal actions from being taken to gain compliance. Signed: Today's Date: March 1,2016 Name: DenoBi Olegba Phone: 253-835-2632 • Title: Code Compliance Officer Email: Denobi-Olegba@cityoffederalway.com 'rite 4I5-I05113-O000)-V(i Page 3 ur 3 Doc ID 72?I2 CITY OF Federal a CRITICAL AREA DIRECT SERVICES REQUEST Date: August 18, 2016 City: City of Federal Way Community Development Department 33325 8`h Avenue South Federal Way, WA 98003 Consultant: Steve Quarterman,Associate Ecologist Landau 130 2"Ave South Edmonds, WA 98020 suarterman@landauinc.com Project: Frantsevich—Stream Verification/Typing 37006 12th Avenue South Federal Way, WA 98003 Parcel#322104-9080 File No.: 16-104021-00-AD Project Proponent: Vitaliy Piekhotin 2967 38th Ave NE Tacoma, WA 98422 253-332-6564 vipcarsl@yahoo.com Project Planner: Stacey Welsh,AICP, Senior Planner stacey.welsh a,cityoffederalway.com,253-835-2634 Project Background: There is an open code violation on the property(see enclosed Notice of Violation). The city received a request for use of the Critical Area Direct Services Program. The project proponent has requested a cost estimate be provided for the verification and typing of a stream located on the subject property. The stream is identified on the city's Critical Areas Map as running along 12`h Avenue South (see image on next page). Documents Provided: Application for Critical Area Direct Services Program Notice of Violation Warning Task Scope: 1. Verification and typing of the stream per Federal Way Revised Code(FWRC) Chapter 19.145,"Environmentally Critical Areas,"especially Article III,"Fish and Wildlife Habitat Conservation Areas." 2. Provide a report of findings and conclusions. 3. Complete a cost estimate for the above-mentioned items. i s i F 2 a ,...f,... .,,,,—,<1 1 1 7 ,, _h r ,4''''''''----"-----i 1,—..._„...._—I___,„.,„,,„ .. .,-i— ' —' : "1, !it' ,, 41 ,,,e,,,s 7 : i-----t- i i , ' ; i I : ,- ' 1._„.,_1 i i,- :,--'-://f- / ----# .,,,,,''-'7,''' ;........._ if, 1 E , I 1. i ,. . ' E City of Federal Way Critical Areas Map,September 2012