HomeMy WebLinkAbout039 - Comment from Marilyn ShowalterFrom:Marilyn Showalter
To:Donna Frostholm
Cc:Carolyn Gallaway; Philip Hunsucker
Subject:Showalter Cmt Rock POINT FLUPSY Public Hearing
Date:Wednesday, November 13, 2024 4:06:11 PM
Attachments:Showalter f cmt Rock Point FLUPSY.pdf
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Attached are my comments for the hearing tomorrow.
Carolyn, I hope you can ensure that the Hearing Examiner sees these comments before the
hearing, as they concern procedural issues.
Marilyn Showalter
1596 Shine Rd
Port Ludlow, WA 98365
(360) 259S-1700 (cell)
marilyn.showalter@gmail.com
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M A R I L Y N S H O W A L T E R
1596 Shine Road Port Ludlow, WA 98365
marilyn.showalter@gmail.com, 360-259-1700
November 13, 2024
Jefferson County Hearing Examiner
c/o Donna Frostholm
dfrostholm@co,jefferson.wa.us
Jefferson County, Washington
Re: Rock Point FLUPSY; Urging Dismissal of the Hearing Pending Re-Issuance of
a Valid Notice of Application and further process
I may not be at the public hearing tomorrow, but please bring these two issues to the attention of
the Hearing Examiner:
A. The Notice of Application, which is foundational to the validity of the process,
contains false statements of law; and
B. The (unsigned) affidavit of posting supplied in Log Item 34, page 8, is for a different
case. There does not appear to be a timely, correct, and signed affidavit in the file, as
required, see Log Item 34, page 7.
A. The Notice of Application contains false statements of law.
As the Notice of Application notes, accurately, at its beginning, it is for a "substantial
development permit application." Toward the end of the Notice, however, it states (underlining
and highlighting for emphasis is mine):
SEPA ENVIRONMENTAL REVIEW: The optional DNS process of the State
Environmental Policy Act (SEPA), Washington Administrative Code (WAC) 197-11-355
is being used. This may be the only opportunity to comment on the environmental
impacts of the proposal. DCD reviewed the proposal for probable adverse environmental
impacts and expects to issue a DNS. This determination is based upon a review of the
SEPA Checklist, project submissions, and other available information. The SEPA Official
has determined that:
If the proposal is approved, policies and performance standards found in the Jefferson
County Code and the Jefferson County Comprehensive Plan will be used to form permit
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conditions intended to mitigate adverse environmental impacts. Additional conditions or
mitigation measures may be required under SEPA. If the threshold determination is a
Determination of Non-Significance (DNS) or a Mitigated Determination of Non-
Significance (MDNS), parties of record may appeal the decision to the Hearing Examiner
within 14 days of the final Notice of Decision. A Determination of Significance (DS)
may not be appealed to the Hearing Examiner. Decisions of the Hearing Examiner may
not be further appealed except to Superior Court.
PUBLIC HEARING INFORMATION: This is a Type III permit application. An open
record hearing will be scheduled and separate public notice will be provided at least 15
days prior to the hearing. A copy of the staff report will be made available for inspection
at no cost at least seven calendar days prior to such a hearing.
APPEALS: The final permit decision for this Type III permit application will be made
by the Hearing Examiner. Decisions of the Hearing Examiner may not be further
appealed except to Superior Court.
Contrary to the County SEPA official's determination, a final decision by the County for a
Substantial Development Permit under the State Shorelines Management Act (SMA) is
appealable to the Shorelines Hearings Board (SHB). The Notice of Application seems to have
forgotten that the application is subject to the SMA/SMP.
Appealing a Shoreline Permit - Washington State Department of Ecology
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Also:
RCW 90.58.180: Review of granting, denying, or rescinding permits by shorelines hearings
board—Board to act—Local government appeals to board—Grounds for declaring rule,
regulation, or guideline invalid—Appeals to court—Consolidated appeals.
The Notice of Application flatly contradicts the law, in violation of JCC 18.40.190 (9):
JCC 18.40.190 Notice of application – Contents.
The notice of application shall include the following:
. . .
9) Statements of the right of any person to comment on the application, become a party
of record, receive notice of and participate in any hearings, request a copy of the decision
once made, and any appeal rights;
The Notice has not stated the correct appeal rights, so it does not comply with JCC 18.40.190,
and misleads any reader.
B. There is insufficient evidence of posting the Notice of Public Hearing.
Log Item 34 includes instructions for posting the physical Notice of Public Hearing. But Log
Item, page 8, of supplies information for a different case in a different bay:
Log Item 34, page 7, instructs the notice to be posted by October 30, 2024, and warns:
Complete the affidavit, have it notarized, and return it to this office within 3 days of
posting. If the affidavit is not filed as required, any scheduled hearing or date by
which the public may comment on the application will be postponed in order to
allow compliance with this notice requirement.
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There is no document in the file, that I can see, containing a signed and notarized affidavit of
posting by the dates required. If so, the hearing must be postponed.
These two issues are foundational to the validity of the process and the public hearing. The
correct way to cure them is to issue a new notice of application, re-setting the process that may
lead to a public hearing.
Thank you for considering these comments.
Sincerely,
Marilyn Showalter
Marilyn Showalter
Attachment: Notice of Application in Port Townsend Leader, April 3, 2024