HomeMy WebLinkAboutCA-29 Second Declaration Marilyn Showalter (002)Second Declaration of Marilyn Showalter - p 1
SECOND DECLARATION of MARILYN SHOWALTER
I declare under penalty of perjury of the laws of the State of Washington:
1. My name is Marilyn Showalter. My address is 1596 Shine Road, Port Ludlow, WA
98365. I am an appellant in this case (072525, SDP2024-00006).
2. Like others in my community of Shine, I did not see any physical posted notice of the
Application in the case. I now know why: it was posted where neither I nor anyone else
could possibly see it.
3.I have already written in my (first) Declaration (attached to Appellants’ Motion to
Dismiss) how my efforts to be notified personally did not succeed. I would like to add
here that, had the physical notice been posted on Shine Road, which is the only road in
and out of the Shine community, I would have seen it, or been alerted to it, within one or
two days—at most.
4. Due to both failures in notification, I did not happen upon the Notice of Application
(NOA) until August 29, 2024 (Attachment 1)—and then, only because the heading of the
NOA incorrectly carried the case number of a case I happened to be following. As is
evident from the attachments in Appellants’ Motion to Dismiss and to this Declaration,
I’ve spent a great deal of time, for sure over 70 hours, trying to sort through the errors
and urging the County to issue a corrected NOA. I firmly believed it would, until I
received the MDNS.
5.That is a harm in itself, but it also means I was delayed in addressing the underlying
Application—like starting a race but not being allowed to take the first step until long
after the starting gun goes off.
CA received 07/29/25
EXHIBIT CA-29
Second Declaration of Marilyn Showalter - p 2
6. If this NOA goes forward and the MDNS is approved as is, I and the environment face
unnecessary risks (which are harms) of fire damage, bank erosion on a Shoreline of
Statewide Significance, litter on a public beach just west of the proposed site on which
my house fronts (DNR Beach 59), and interference with feeding habits of Marbled
Murrelets, which are endangered and I have documented near the site, to name a few.
This is why the County should be analyzing the full parcels (uplands and tidelands), and
why further conditions regarding enforcement are needed, as Appellants articulated in
their Appeal. But we—and the Shine community—deserve proper and complete notice of
the application so that we can timely and adequately review it.
7. Regarding fire, only yesterday I received a sobering evaluation from our East Jefferson
Fire Department Chief (Attachment 2), who reports that:
Fire engines won’t be able to go beyond the “End of County Road” sign on
Killapie Beach Road. . . . . Besides the quality of the dirt/gravel road on
Killapie Beach Road, the overgrown brush poses a hazard to our vehicles,
especially if it were on fire. We like to see the brush cleared back from the road’s
edge between five – ten feet, ideally ten. It is the responsibility of the property
owner to maintain emergency vehicle access.
8. The problem is that the road is closed, people don’t live on it, development is barred, and
yet Mr. Carson has “stuff” down there, including himself and his car sometimes, and
including a large solar panel that reportedly provides electricity to something. I don’t
believe there are permits for this electrical operation. Chief Black suggested I contact the
Building Code people at DCD. I will, but that is exactly what I think the County should
do. But the MDNS closed off “the uplands” as part of the Application. I think that is a
mistake for several reasons and hope to convince them of that, if a new NOA is issued.
Signed this 29th day of July, 2025
Marilyn Showalter
CA received 07/29/25
EXHIBIT CA-29