HomeMy WebLinkAbout2022-04-22 Witness and Exhibit List
APPLICANT’S WITNESS AND EXHIBIT LIST - 1
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MCCULLOUGH HILL LEARY, PS
701 Fifth Avenue, Suite 6600 Seattle, WA 98104 206.812.3388 206.812.3389 fax
BEFORE THE HEARING EXAMINER
FOR JEFFERSON COUNTY
In Re Appeal of OAK BAY CONCERNED CITIZENS,
Appellant,
v.
JEFFERSON COUNTY,
Respondent.
No. MLA21-00066
APPLICANT’S WITNESS AND EXHIBIT LIST
The Applicant Pomona Woods LLC (“Applicant”) submits the following list of witnesses
and exhibits in this appeal. For clarity, this Witness and Exhibit list does not identify witnesses
or exhibits that may be provided in Applicant’s presentation on its Conditional Use Permit
(“CUP”) application at the hearing. Rather, this Witness and Exhibit list identifies witnesses
who may be called and exhibits that may be offered in connection with the appeal by Oak Bay
Concerned Citizens (“Appellant”) of the Determination of Nonsignificance (“DNS”) for
Applicant’s proposed project (“Project”).
I. WITNESS LIST
The following are witnesses that Applicant may call in this matter:
APPLICANT’S WITNESS AND EXHIBIT LIST - 2
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MCCULLOUGH HILL LEARY, PS
701 Fifth Avenue, Suite 6600 Seattle, WA 98104 206.812.3388 206.812.3389 fax
1. Kevin Warner, Principal, Environmental Noise Scientist, Landau Associates. Mr.
Warner’s resume is included as an exhibit. Mr. Warner may testify regarding noise impacts from
construction and operation of the Project. Mr. Warner may respond to testimony offered by
Appellant relating to these matters. Applicant estimates Mr. Warner’s direct testimony may take
approximately 60 minutes.
2. Mike Swenson, PE, PTOE, Principal, Transpo Group. Mr. Swenson’s resume is
included as an exhibit. Mr. Swenson may testify regarding the traffic and transportation impacts
of the Project. Mr. Swenson may respond to testimony offered by Appellant relating to these
matters. Applicant estimates Mr. Swenson’s direct testimony may take approximately 60
minutes.
3. Laura Bartenhagen, PE, LEED AP, Principal, ESM Consulting Engineers LLC.
Ms. Bartenhagen’s resume is included as an exhibit. Ms. Bartenhagen may testify regarding
drainage and stormwater impacts of the Project. Ms. Bartenhagen may respond to testimony
offered by Appellant relating to these matters. Applicant estimates Ms. Bartenhagen’s direct
testimony may take approximately 30 minutes.
4. Jennifer Marriott, PWS, Owner, Wet.Land. Ms. Marriott’s resume is included as
an exhibit. Ms. Marriott may testify regarding the wetland impacts (if testimony on that subject
is admitted) and habitat impacts of the Project. Ms. Marriott may respond to testimony offered
by Appellant relating these matters. Applicant estimates Ms. Marriott’s direct testimony may
take approximately 60 minutes.
5. Dan McShane, President and Senior Geologist, Stratum Group. Mr. McShane’s
resume is included as an exhibit. Mr. McShane may testify regarding landslide and erosion
APPLICANT’S WITNESS AND EXHIBIT LIST - 3
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MCCULLOUGH HILL LEARY, PS
701 Fifth Avenue, Suite 6600 Seattle, WA 98104 206.812.3388 206.812.3389 fax
impacts of the Project. Mr. McShane may respond to testimony offered by Appellant relating to
these matters. Applicant estimates Mr. McShane’s direct testimony may take approximately 30
minutes.
6. Witnesses listed by Appellant or Jefferson County (the “County”).
Applicant reserves the right to call substitute witnesses if any of the witnesses identified
above become unavailable. Applicant also reserves the right to call additional witnesses at
hearing in rebuttal to testimony and exhibits introduced by Appellant, for impeachment, or as
otherwise allowed by the Hearing Examiner Rules of Procedure.
II. EXHIBIT LIST
The following are exhibits that Applicant may introduce in this matter:
1. Resume of Kevin Warner
2. Resume of Mike Swenson
3. Resume of Laura Bartenhagen
4. Resume of Jennifer Marriott
5. Resume of Dan McShane
6. Permit application dated June 2, 2021.
7. Supplemental application dated June 3, 3021.
8. SEPA checklist dated Nov. 17, 2021.
9. Soils report dated June 28, 2021.
10. Stormwater plan dated August 6, 2021.
11. Stormwater site plan approved March 2, 2022.
12. Building plans dated June 2, 2021.
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MCCULLOUGH HILL LEARY, PS
701 Fifth Avenue, Suite 6600 Seattle, WA 98104 206.812.3388 206.812.3389 fax
13. Site plan approved March 2, 2022.
14. Geotechnical report dated July 14, 2021.
15. Notices dated Sept. 15, 2021.
16. Certification of water supply dated Jan. 31, 2022.
17. Agency-department comments.
18. Staff report for the CUP dated March 2022.
19. SEPA determination dated March 2, 2022.
20. Applicant reserves the right to offer any other document contained in the
County’s file on the Project, which may be accessed as follows:
Go to https://www.co.jefferson.wa.us/586/Public-Notices
Click the “blue” permit number MLA21-000066
Follow this file address to access the file documents: Jefferson > Community
Development > DCD PUBLIC CASE FILES > 2021 > 2021 MLA (Master Land
Use Applications) > MLA21-00066
21. Applicant reserves the right to offer any exhibit identified or offered by Appellant
or the County.
Pursuant to the schedule set at the Pre-Hearing Conference, Applicant will identify any
expert reports it intends to offer on May 4, 2022.
Applicant reserves the right to submit additional exhibits at hearing in rebuttal to
testimony and exhibits introduced by Appellant, for impeachment, or as otherwise allowed by
the Hearing Examiner Rules of Procedure.
APPLICANT’S WITNESS AND EXHIBIT LIST - 5
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MCCULLOUGH HILL LEARY, PS
701 Fifth Avenue, Suite 6600 Seattle, WA 98104 206.812.3388 206.812.3389 fax
DATED this 22nd day of April, 2022.
s/Courtney A. Kaylor, WSBA #27519 s/David P. Carpman, WSBA #54753 McCULLOUGH HILL LEARY, PS 701 Fifth Avenue, Suite 6600
Seattle, WA 98104
Tel: 206-812-3388 Fax: 206-812-3398 Email: courtney@mhseattle.com Email: dcarpman@mhseattle.com
Attorneys for Applicant Pomona Woods LLC