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Barbara Nightingale
From: Powers & Therrien [powers_therrien@yvn.com}
Sent: Thursday, September 21,20067:54 AM
To: Barbara Nightingale
Cc: Powers & Therrien
Subject: Trend West and SEPA
Barbara:
Last June, I believe, you sent a request for comment on SEPA. I responded. I noticed in the Staff Report that
you recommended or concluded that an MONS based on the MDNS and Staff Report from 2005 was adequate.
want to be certain I understand this issue procedurally. My initial response expressed disagreement with your
conclusion that an MDNS based on last yea~s Staff Report was sufficient because its underlying premis, that is
that Trend West is residential, was rejected by AHE Galt. I believe, I also raised other SEPA issues I have
received nothing until the Staff Report. Do I interpret its treatment of the SEPA as the issuance of an MDNS and
notice thereof for purposes of perfecting an appeal to the HE? I note that the current Staff Report does not
change the position of the prior notice to which I responded. Neither the initial notice nor the Staff Report advise
as to appeal rights. I want to be clear. I want the HE to hear the MONS issue as an appeal of DCD's threshhold
decision. Please let me know how to proceed.
I also want to confirm that the hearing before the HE scheduled for September 22d has been cancelled.
received this notice indirectly from Diana Smeland.
Thank you for your assistance.
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-o745
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9/21/2006