HomeMy WebLinkAboutAP21 Showalter Request for Documents Order SDP 2024-00006M A R I L Y N S H O W A L T E R
1596 Shine Road, Port Ludlow, WA 98365
marilyn.showalter@gmail.com, 360-259-1700
Aug 15, 2025
Honorable Gary N. McLean
Jefferson County Hearing Examiner
Jefferson County, Washington
carolyn@co.jefferson.wa.us
Dear Hearing Examiner McLean:
Re: Request for Order to Produce Voluntary Compliance Agreement Documents
Rock Island Shoreline Application SDP 2024-00006
As a Party of Record, I request the Hearing Examiner to order the County to file the “Voluntary
Compliance Agreement” referenced in Condition 37 of the Staff Report, EXH CL-10. I further
request that the Public Hearing be held open for 14 days after it is filed or delivered to me. My
reasons are:
1. “Implementing” the Voluntary Compliance Agreement (VCA) is a condition (Condition
37) in the Staff Report. It is therefore part of the Staff Report, and needs to be made
available, as an attachment or some other accessible mode, at least 14 days prior to the
Public Hearing under Rule 4.2.
2. As far as I can determine, in the whole casefile, this VCA is mentioned for the first time,
twice, on pages 8 and 14 of the Staff Report:
Unpermitted development occurs in the adjacent shorelands. The
development on the three parcels owned by the applicant is within the
shoreline buffer. To address the violation, the applicant has signed a
Voluntary Compliance Agreement (VCA) with the county, which allows the
applicant time to either obtain 'after-the-fact' permits or remove the
development from the properties. Compliance with the VCA is addressed
as a permit condition in this staff report. (Emphasis added.)
And
(37) The Permittee shall implement the Voluntary Compliance Agreement, which
addresses the unpermitted development on three upland parcels associated with this
shoreline application.
3. I have searched the case file and Laserfiche for the VCA and cannot find it.
4. From the sparse information provided above, it appears that this document directly relates
to arguments I have made regarding the necessity of addressing violations of law in the
upland properties in a manner that complies with the SMA, and not precluding SMA
enforcement by excluding the uplands from the scope of the Application “site.”
5. There are several initial questions I have about this unseen document:
• What violations are admitted? Under what code, WAC, or RCW provisions?
• Is the VCA executed under authority of the SMA and JCC 18.25?
• What is the Applicant required to do, and by what dates?
• Will there be any public process into what is to be done or not done under the VCA?
Why isn’t that this process, i.e., this public hearing in SDP 2024-00006?
• When was this agreement signed and who signed it?
• What discussions led to this agreement, and why aren’t emails or notes of meetings
and telephone calls included in the County’s filings in this case, as they are for other
emails and notes in this case?
• Did the County deliberately decide to omit the VCA and related documents from this
proceeding? Or was it inadvertent.
For these reasons, I request the Hearing Examiner to order the VCA to be produced immediately,
and to produce all County records leading up to its execution, including internal and external
communications, emails, notes, and drafts, as soon as practicable. I further request that the
Public Hearing be held open until 14 days after the filing of these documents.
Respectfully,
Marilyn Showalter
Marilyn Showalter