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
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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
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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