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Home My WebLink AboutA18_2025 08 15 Appellant Revised Witness and Exhibit ListAPPELLANTS’ REVISED WITNESS AND EXHIBIT LIST - 1 Telegin Law PLLC 216 6th Street Bremerton, WA 98337 bryan@teleginlaw.com (206) 453-2884 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 Stephanie Marshall Jefferson County Hearing Examiner BEFORE THE LAND USE HEARING EXAMINER IN AND FOR JEFFERSON COUNTY In re Appeal of Rathvon Shoreline Conditional Use Permit, DCD File No. SDP2023-00020 APPELLANTS’ REVISED WITNESS AND EXHIBIT LIST Pursuant to Section B of the Examiner’s July 23, 2025, Prehearing Order, Appellants John DiMaggio and Michelle Oliver submit the following witness and exhibit lists in the above-referenced matter. I.WITNESS LIST 1. Donna Frostholm—1 hour Ms. Frostholm may be called to testify concerning the contents of and analysis in the County’s April 10, 2025, staff report (County Exhibit 12), as well as any other investigations or analyses performed by Ms. Frostholm during her review of the shoreline conditional use permit at issue in this appeal, and any conclusions that she may have reached concerning compliance with the Jefferson County Code and Shoreline Master Program. Ms. Frostholm may also be called to testify concerning the facts and circumstances of the County’s approval of the permit. 2. Greg Ballard—1 hour Mr. Ballard may be called to testify concerning the details of his review of the shoreline conditional use permit at issue in this case, as well has his review of the related building permit CA received 08/15/25 Exhibit A17 APPELLANTS’ REVISED WITNESS AND EXHIBIT LIST - 2 Telegin Law PLLC 216 6th Street Bremerton, WA 98337 bryan@teleginlaw.com (206) 453-2884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 issued on March 6, 2025, and later withdrawn (permit no. RBLD2024-00109). Mr. Ballard may be called to testify concerning the facts and circumstances of the County’s approval and/or issuance of both of those permits. 3. John DiMaggio—1 hour Mr. DiMaggio may be called to testify concerning his and others’ use of Twana Way and knowledge of road conditions, his knowledge of the surrounding environment and steep, unstable slopes, and his prior interactions with the applicant, Mr. Rathvon, concerning Mr. Rathvon’s proposal to widen and/or alter Twana Way. Mr. DiMaggio may also testify concerning foreseeable impacts on himself and the surrounding environment from Mr. Rathvon’s plans to widen and alter Twana Way. 4. Michelle Oliver—1 hour Ms. Oliver may be called to testify concerning her use of Twana Way and knowledge of road conditions, her knowledge of the surrounding environment and steep, unstable slopes, and her prior interactions with the applicant, Mr. Rathvon, concerning Mr. Rathvon’s proposal to widen and alter Twana Way. Ms. Oliver may also testify concerning foreseeable impacts on herself and the surrounding environment from Mr. Rathvon’s plans to widen and alter Twana Way. 5. Keith Schembs and/or William Cedzich—1 hour Mr. Schembs and/or Mr. Cedzich may be called to testify concerning geotechnical deficiencies in the applicant’s permit submittals, including lack of slope stability analysis for Twana Way, lack of sub-surface exploration borings and test pits, lack of erosion hazard evaluation, lack of a boundary or topographic survey (without which there is no basis to verify slope angles, road centerline, ROW limits, or proximity to critical area buffers, and undermines the reliability of any proposed setbacks or safety assumptions), lack of a location map and site plan for road CA received 08/15/25 Exhibit A17 APPELLANTS’ REVISED WITNESS AND EXHIBIT LIST - 3 Telegin Law PLLC 216 6th Street Bremerton, WA 98337 bryan@teleginlaw.com (206) 453-2884 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 improvements, lack of delineation of critical areas, buffers, and steep slopes, lack of slope stability modeling (for both existing and proposed slopes), lack of soil logs, groundwater, and relevant engineering properties, lack of FOS values for static, seismic, and construction loading conditions, lack of evaluation of potential sediment delivery to streams and Dabob Bay, and lack of slope hazard classifications on the applicant’s site plan. In addition, Mr. Schembs and/or Mr. Cedzich may be called to testify concerning the nature of critical areas surrounding Twana Way, including that the roadway is located in a mapped landslide hazard area, that the site is mapped by the WA Department of Ecology Coastal Zone Atlas as containing unstable, old, and recent landslide features, that the slope classification falls within Coastal Atlas and WA DNR categories requiring hazard assessment, that the area meets the definition of Holocene epoch landslide activity due to mapped evidence of mast wasting debris, and that streams crossing Twana Way provide a potential sediment delivery to Dabob Bay, requiring erosion and water quality controls. Mr. Schembs and/or Mr. Cedzich may be called to testify that given the location Twana Way and nature of the surrounding environment, construction work on the road itself, and use of the road for heavy construction vehicles and equipment, should not be undertaken without a thorough and code- compliant geotechnical investigation and hazard assessment. 6. Richard Rathvon—1 hour Mr. Rathvon may be called to testify concerning his development plans, any plans to widen and/or alter Twana Way, and his related dealings or interactions with the residents of Twana Way. II. Exhibit List A1 Third Telegin Declaration and Exhibits (note several exhibit emails have imbedded links to the original email attachments) A2 Land Hazard and Erosion Susceptibility Assessment CA received 08/15/25 Exhibit A17 APPELLANTS’ REVISED WITNESS AND EXHIBIT LIST - 4 Telegin Law PLLC 216 6th Street Bremerton, WA 98337 bryan@teleginlaw.com (206) 453-2884 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 A3 Fish Distribution and Abundance in Shallow Intertidal Habitats of Tarboo and North Dabob Bays A4 Twana Way Photographs A5 LUPA Petition of Building Permit RBLD2024-00109 A6 Note for LUPA Initial Hearing A7 Notice of Appearance A8 Stipulated Order of Dismissal A9 County Permit Webpage for Building Permit RBLD2024-00109 A10 Twana Way Emergency Vehicle Access Email A11 Keith Schembs Resume A12 William Cedzich Resume A13 Slope Characteristics Layout A14 Slope Characteristics Layout 2 A15 Slope Stability and Landslides, Coastal Atlas A16 GeoResources Technical Memo The referenced exhibits may be downloaded at the following URL: https://drive.google.com/drive/folders/11CSiwr9PUtmIuPVOc0y5iqFXRAUjDCNK?usp=sharing. Appellants reserve the right to call additional witnesses, to call any witness identified by any other party, and to introduce exhibits identified by any other party. Dated this 15th day of August, 2025. TELEGIN LAW PLLC By: Bryan Telegin, WSBA No. 46686 Counsel for Appellants John DiMaggio and Michelle Oliver CA received 08/15/25 Exhibit A17