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Jerry Smith
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Josh Peters
Tuesday, September 26,20001 :44 PM
AI Scalf; Warren Hart
Randy Kline; Jerry Smith; David Alvarez
SEPA & Port Lud Marina expansion
Dear AI and Warren:
Jerry, Randy and I held a meeting yesterday afternoon to discuss the Port Ludlow Marina expansion proposal. We ended
up phoning David Alvarez and I faxed him Jon Rose's cover letter to the application. David and I spoke this afternoon on
the phone and he suggested that I seek out your thoughts on the matter.
BACKGROUND: the 30-day comment period is up and the next move is a threshold determination. In Mr. Rose's cover
letter, he presents an argument that discrete SEPA review of the Marina expansion is not "piecemealing" (forbidden by
WACs and the MPR Ordinance), but "phased review." He concedes that they cannot get any building permits before doing
a full SEIS (or new EIS) for the Resort Plan as a whole, and says that they don't intend to begin construction in the Marina
expansion project until the terms of the Ordinance are met in full.
The Ordinance says that they need to submit a Resort Plan that handles the whole package and that the Resort Plan as a
whole is to reviewed under one complete SEIS (a Supplemental EIS to the programmatic EIS done in 1993) or new EIS.
Also, no building permits can be issued until they submit the full Resort Plan and the environmental review cannot be
piecemealed. The Ordinance does not specifically say that land use approvals (except building permits) and "phased
review" prior to the submittal of the Resort Plan are not allowed. The question is whether premature shoreline approval for
something that was supposed to be part of the Resort Plan as a whole is in the spirit of the Ordinance and whether Mr.
Rose's bullet points justifying "phased review" in this case are accurate. David A. sees the first three and the sixth as
accurate, but questions the fourth and fifth. Refer to Mr. Rose's cover letter of July 25,2000 I put in your inboxes.
The likely reason that OPG is interested in getting shoreline approval now is to avoid surprises when and if the rules
change to protect salmon. The other agencies (DOE, WDFW, COE, DNR) are already involved.
David believes it is important that we don't allow OPG to violate their own Ordinance, but also that Mr. Rose's justification
may hold merit and we may have essentially given permission to do it this way in meetings with Mr. Rose earlier this year.
Questions: do you recall the conclusion of those meetings and what do you think of going forward with the Marina
expansion application at this time (a threshold determination of OS)?
Regards,
Josh
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