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Barbara Nightingale
From: Powers & Therrien [powers_therrien@yvn.com]
Sent: Saturday, September 30, 2006 10:22 AM
To: Barbara Nightingale
Cc: Powers & Therrien
Subject: Re: Appeal of MDNS Decision on Ludlow Cove II
Barbara:
Please check to see if you sent me a copy of this notice. I do not recall receiving it.
Les
--- Original Message ----
From: Barbara Niohtinoale
To: Powers & Therrien; AI Scaif
Cc: Stacie Hoskins
Sent: Friday, September 29, 2006 5:57 PM
Subject: RE: Appeal of MDNS Decision on Ludlow Cove II
Les,
We have reviewed your claims. A careful review of the case files reveal that the SEPA MDNS, signed on July
26,2005, requested a SEPA appeal to be submitted in writing to this office by August g, 2005. Specifically, the
SEPA document instructs: "Any appeal of this final threshold determination must be submitted in writing before
4:30 P.M. August g, 2005 to the SEPA Responsible Official, at Jefferson County Department of Community
Development, 621 Sheridan Street, Port Townsend, WA 98368 for consideration by the Jefferson County
Hearing Examiner.
Appeal statements must make specific factual objections to the analysis presented in this report. Contact the
Department of Community Development to read or ask about the procedures for SEPA appeals."
You did not file an appeal during that time period, using the SEPA appeal process. Rather, the next
correspondence this office received from you was on August 16, 2005, which was a letter to the Hearing
Examiner, not a SEPA Appeal.
You are not recognized as having filed an appeal to the SEPA MDNS and you do not have standing any
different than any other member of the public in Port Ludlow in the decision-making as to when the hearing will
be held. At this time, the hearing will take place on November 3, 2006 at 1 :00 in the Bay Club in Port Ludlow at
120 Spinnaker Place, Port Ludlow.
The next point of appeal would be to Superior Court following the Board of County Commissioners Decision on
the present Trendwest Project Application and Proposal.
Respectfully,
Barbara Nightingale M.MA, MAS.
Associate Planner
Port Ludlow Master Planned Resort
Jefferson County
Dept. of Community Development
(360) 379-4472
bn iohtinoalelalco. iefferson. wa. us
L,lG ITEM
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10/16/2006
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From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Monday, September 25, 2006 6:35 PM
To: AI Scalf
Cc: Powers & Therrien; Barbara Nightingale
Subject: Appeal of MDNS Decision on Ludlow Cove II
AI:
Covered is a confirmation of my repeated emails confirming my appeal of the threshhold decision to comply with
SEPA on Ludlow Cove 11 with an MDNS. Please log this item and pursuant to this email and my prior emails
confirm my appeal status and the date that the MDNS notification will be officially issued.
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-0745
This email is covered by the Eiectronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is
legally privileged. This message and any attachments hereto is intended only for the use of the person named
above. If you are not that person, you are hereby notified that any dissemination, distribution or copying of this
email message other than to the addressee is strictly prohibited. If you have received this message in error,
please immediately notify the sender and delete this email from your computer.
To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice
contained in this communication was not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding tax-related penalties under the Internal Revenue Code or (Ii) promoting, marketing or recommending
to another person any tax-related matter.
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