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Barbara Nightingale
From: AI Scalf
Sent: Monday, October 23, 2006 1 :20 PM
To: Barbara Nightingale
Cc: Stacie Hoskins; David Alvarez
Subject: FW: LUPA Petition
fyi
AI
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Monday, October 23,200612:48 PM
To: AI Scalf
Cc: Powers & Therrien
Subject: LUPA Petition
AI:
Because no one responded to provide me with information on my right to appeal DCD's decision of October 2,
2006, that I lost my SEPA appeal rights by not appealing the 2005 MDNS in August, 2005 and I was at the 21st
day from that decision, I filed a protective LUPA Petition. I would prefer to withdraw the filing if your office can
assure me that I will be given the right administratively to appeal either the substantive decision to use the 2005
MDNS as compliance with SEPA for MLA 06-00221 or the procedural decision that my failure to file an
administrative appeal on the MDNS in August 2005 in respect of SUB05-00004 substantively terminated my
SEPA rights under MLA06-00221. I asked you to respond by October 18th. You said that you would respond last
week. I received no response and simply ran out of time. I again ask that you provide me the opportunity for an
administrative appeal and an official notice of what I consider a threshold determination to rely on the 2005 MDNS
without further mitigation to reflect AHE Galt's decision respecting the type of use that is associated with a Trend
West project.
Les Powers
Powers & Therrien, P.S.
3502 Tieton Drive
Yakima, WA 98902
Phone: 509-453-8906
Fax: 509-453-0745
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LOr ITEM
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