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2010-04-07 HEX# 10-002 Withdrawl of AppealRob McKenna ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division PO Box 40113 • Olympia WA 98504-0113 • (360) 753-6126 June 14, 2010 Via Email: carol.mcneilly(EDcityoffederalway.com And U.S. Mail Carol McNeilly, City Clerk P.O. Box 9718 Federal Way, WA 98063 Re: Withdrawal of Appeal; WSDOT Triangle Project Dear Ms. McNeilly: C, E E 14 E D JUN 1 b 2010 City Clerk's Ciii Ci of Federal Ze 1 O 1 I-101111M Enclosed for filing is WSDOT's Withdrawal of Appeal. We are filing electronically and by mail. This matter was scheduled for a hearing before the Federal Way City Council at 5:30 p.m., Tuesday, June 15, 2010. The hearing will no longer be necessary.' Thank you for your assistance. Sincerely, STEPHEN KLASINSKI Assistant Attorney General (360)753-4051 5tephenk@atg.wa. gov SRK:1ms Enclosures 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RE: WSDOT Triangle 09-1043 80-00-UP BEFORE THE CITY COUNCIL THE CITY OF FEDERAL WAY ect I WITHDRAWAL OF APPEAL Based on the clarification of the requirements set forth in Condition #5 of the Process IV land use decision approved by the Federal Way Hearing Examiner on April 28, 2010, as set out in the attached letter dated June 9, 2010, from Greg Fewins to Ms. Allison Hanson, the Washington State Department of Transportation hereby withdraws its appeal in this matter. DATED this 14th day of June, 2010. NOTICE OF APPEAL Respectfully submitted, ROBERT M. MCKENNA Attorney General STEPHEN R. KLASINSKI, WSBA# 11419 Assistant Attorney General Attorneys for Appellant WASHINGTON STATE DEPARTMENT OF TRANSPORTATION I ATTORNEY GENERAL OF WASH NGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PROOF OF SERVICE I certify that I served a copy of this document on all parties or their counsel of record on the date below as follows: ®US Mail Postage Prepaid via Consolidated Mail Service ®Electronic Mail ❑ABC/Legal Messenger ❑State Campus Delivery ❑Hand delivered by I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. DATED this 14th day of June, 2010, at Tumwater, WA. LISA M. SAVOIA Legal Assistant to STEPHEN R. KLASINSKI Assistant Attorney General NOTICE OF APPEAL 2 ATTORNEY GENERAL OF WASHINGTON Transportation & Public Construction Division 7141 Cleanwater Drive SW PO BOX 40113 Olympia, WA 98504-0113 (360) 753-6126 Facsimile: (360) 586-6847 CITY +5F �. Federal CITY HALL �� 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Ms. Allison Hanson, Director of Environmental Services Washington State Department of Transportation 999 3"1 Avenue, Suite 2424 Seattle, WA 98104 June 9, 2010* Re: File #09-104380-00-UP; PROCESS IV LAND USE DECISION —STATUS OF CONDITION #5 WSDOT Triangle Project, Interstate-5/State Route 18 Interchange, Federal Way Dear Ms. Hanson: The Department of Community Development Services provides this letter to the Washington State Department of Transportation (WSDOT) for specific clarification of the requirements set forth in Condition #5 of the Process IV land use decision approved by the Federal Way Hearing Examiner on April 28, 2010. The following iterns satisfy Conclusion of Law #21 as it imposes Condition #5 of the Process IV decision: l , Corrington site Temporary Erosion Control and Sedimentation (TESC) plan has been reviewed and approved by the Public Works Department. However, any change to the plan that results from a reportable non-compliance condition must be provided to the City; 2. Corrington site haul route has been reviewed and approved by the Public Works Department; 3. The City will provide notification to WSDOT prior to entering Corrington property to monitor water discharge from the site; and 4. WSDOT will provide payment up to $2,000.00 for review of the TESC plan that has been submitted and for changes to the plan resulting from reportable non-cornpliant conditions. The City will invoice WSDOT for payment. The City looks forward to the start of construction as it will provide an increased level of service to the citizens and visitors of Federal Way. If you have any questions regarding this letter, please contact Associate Planner Matthew Herrera at 253-835-2638, or matt.herrera@cityoffederalway.com. Sincerely, zzu_��� Greg Fewins, Director Community Development Services c: Brian Wilson, City Manager!Police Chief Pat Richardson, City Attorney Cary Roe, Director of Public Works/P ARCS Ken Miller, Deputy Director of Public Works Isaac Conlen, Planning Manager Peter Beckwith, Assistant City Attorney Matthew Herrera, Associate Planner *Replaces Julv 9, 2010, letter. Dale corrected from July 9, 2010, to June 9, 2010, No other chamees/corrections made. Doc. 1,D 54 s06