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Home My WebLink AboutSHB04-007 Order of Dismissal - SHR Letters / Memos - 8/31/2004 . J 1 BEFORE THE SHORELINES HEARINGS BOARD STATE OF WASHINGTON 2 EDWINA BENT & GORDON 3 KAUHANEN, 4 Petitioners, SHB NO. 04-007 5 V. ORDER OF DISMISSAL 6 MASON COUNTY, 7 Respondent. 8 9 The Petitioners, having withdrawn their appeal, and having submitted a request for a 10 dismissal in this matter, and therefore, there being no contested case remaining for hearing, the 11 case is DISMISSED. 12 s� SO ORDERED this day of tkcR U IS , 2004. 13 14 SHORELINES HE N S BOARD 15 16 BILL CLARKE, Member 17 ' 18 tMY WtSON, Member 19 DARCIE NIELSEN, Member 20 21 ORDER OF DISMISSAL SHB NO. 04-007 1 e Pollution Control Hearings Board STAre 0 0 Telephone:(360)459-6327 .n r Shorelin s Hearings Board 0 FAX:(360)438-7699 Forest Practices Appeals Board Email:eho@eho.wa.gov Hydraulic Appeals Board w o1° Website:www.eho.wa.gov Environmental and Land Use Hearings Board STATE OF WASHINGTON RE' ENVIRONMENTAL HEARINGS OFFICE 4224-6fh Ave. SE, Bldg.2,Rowe Six SL'(' 1 ?nn4 PO Box 40903, Lacey, WA 98504-0903 MASON CCUN"VY PROSECUTOR.3a aas- 14-v 00 3v August 31, 2004 I 1-7 D E �fi 2t (U Malcolm S. Harris Darren Nienaber & Mary A. Winters Mason County Deputy Prosecuting Attorney HARRIS MERICLE & WAKAYAMA PO Box 639 999 Third Avenue, Suite 3210 Shelton WA 98584 Seattle WA 98104 RE: SHB NO. 04-007 EDWINA BENT & GORDON KAUHANEN v. MASON COUNTY Dear Parties: Enclosed is an Order of Dismissal in this matter, based on the Petitioners' withdrawal of their appeal. The Board appreciates the parties' efforts in resolving this matter. Sincerely yours, Kay M. Brown Administrative Appeals Judge, Presiding KMB/jg/S 04-0071tr Cc: Don Bales-7600 Mason County Dept of Community Development CERTIFICATION On this day,I forwarded a true and accurate copy of the documents to which this certificate is affixed via United States Postal Service postage prepaid to the attorneys of record herein. I certify under penalty of perjury under the laws of the State of W hington that the foregoing is true and correct. DATE `.,'�./ Cn at Lacey,WA. J� tot 1 TO BE KEPT IN TRRIS, MERICLE & WAKAYAMA A Professional Limited Liability Company PARCEL FILE ATTORNEYS AT LAW MARY A.WINTERS 999 THIRD AVENUE,SUITE 3210 Port Townsend Off ice of Counsel SEATTLE,WASHINGTON 98104 213 TAYLOR STREET E-mail:mwinters@hmwlaw.com FAX(206)624-8560 PORT TOWNSEND,WASMNGTON 98,W DIRECT LINE:379-2618 (206)621-1818 FAX(360)379-9378 Port Townsend Office (3W)379-9377 June 11, 2004 7JUN CEIVED Mason County Planning Department Attention: Diane Marcus Jones and Rick Mraz 11 4 2004P.O. Box 279D - PLANNING Shelton, WA 98584 Sent by Facsimile to: 360 427 7798 RE: Revision to Shoreline Substantial Development Permit# 2004-SW-02456 Edwina Bent& Gordon Kauhanen v. Mason County SHB No. 04-0007 Dear Planning Department: On February 24,2004,the Hearing Examiner for Mason County issued Shoreline Substantial Development Permit#2004-SW-02456,which approves a requested permit to construct a 6'by 50' pier, a 4' by 40' aluminum ramp and an 8' by 16' float, to extend 100 feet into Hood Canal. The permit was approved subject to various conditions, including a condition requiring removal of the six existing creosote pilings waterward of the proposed pier, ramp and boat structure. Edwina Bent and Gordon Kauhanen request a revision to the Substantial Development Permit to permit removal and replacement of the four outermost pilings with ACZA treated pilings. County Deputy Prosecuting Attorney Darren Nienaber and Planner Rick Mraz have advised us that the Review Authority has determined that this revision is within the scope and intent of the original permit,is consistent with Mason County Code Section 15.09.055(H)and WAC 173-27-100,and that it would be recommended for approval to the Hearing Examiner.We have also been advised that the County has determined that the revision is within the scope of the original SEPA review which resulted in a MDNS for the project, so that no further SEPA review is necessary. We also understand that every effort will be made to get this on the Hearing Examiner's docket for June 22"d. My clients are very concerned about the fast approaching window of July 15 to September 14 for construction of the dock. I will mail the revision fee today. I would appreciate it if you could fax me a copy of the staff report submitted to the Hearing Examiner,to 360 379 9378. Please let me know if we need to submit any further documents to the Hearing Examiner, and do not hesitate to call me if you have any questions. Yours very truly, ZJ _lIary A. W'nters HARRIS MERICLE & WAKAYAMA HARRIS, MERICLE & WAKAYAMA �}�" j I(� THE *" A Professional Limited Liability Company [.VI KEPT "' " +E ATTORNEYS AT LAW pAtLRS F I LE 999 THIRD AVENUE,SUITE 3210 Port Townsend Office unsel SEATTLE,WASHINGTON 98104 213 TAYLOR STREET E-mail:mwinters@hmwlaw.com FAX(206)624-8560 PORT TOWNSEND,WASHINGTON 98368 DIRECT LINE:379-2618 (206)621-1818A �u Port Townsend Office U�..� ( LJ"„UN 00 June 11, 2004 JUN 14 2004 Mason County Planning Department Attention: Diane Marcus Jones and Rick Mraz HEALT -SERVICES P.O. Box 279 Shelton, WA 98584 Sent by Facsimile to: 360 427 7798 RE: Revision to Shoreline Substantial Development Permit# 2004-SW-02456 Edwina Bent& Gordon Kauhanen v. Mason County SHB No. 04-0007 Dear Planning Department: On February 24,2004,the Hearing Examiner for Mason County issued Shoreline Substantial Development Permit#2004-SW-02456,which approves a requested permit to construct a 6'by 50' pier, a 4' by 40' aluminum ramp and an 8' by 16' float, to extend 100 feet into Hood Canal. The permit was approved subject to various conditions, including a condition requiring removal of the six existing creosote pilings waterward of the proposed pier, ramp and boat structure. Edwina Bent and Gordon Kauhanen request a revision to the Substantial Development Permit to permit removal and replacement of the four outermost pilings with ACZA treated pilings. County Deputy Prosecuting Attorney Darren Nienaber and Planner Rick Mraz have advised us that the Review Authority has determined that this revision is within the scope and intent of the original permit,is consistent with Mason County Code Section 15.09.055(H)and WAC 173-27-100,and that it would be recommended for approval to the Hearing Examiner. We have also been advised that the County has determined that the revision is within the scope of the original SEPA review which resulted in a MDNS for the project, so that no further SEPA review is necessary. We also understand that every effort will be made to get this on the Hearing Examiner's docket for June 22"d. My clients are very concerned about the fast approaching window of July 15 to September 14 for construction of the dock. I will mail the revision fee today. I would appreciate it if you could fax me a copy of the staff report submitted to the Hearing Examiner,to 360 379 9378. Please let me know if we need to submit any further documents to the Hearing Examiner, and do not hesitate to call me if you have any questions. Yours very truly,,,-, ._ u —Metry A. Winters HARRIS MERICLE & WAKAYAMA STATp o� �� s RECEIVED �yy aov MAY 0 4 2004 1BBJ STATE OF WASHINGTON ENVIRONMENTAL HEARINGS OFFICE MCCD - PLANNING 4224- 61h Avenue SE, Bldg. 2, Rowe Six PO Box 40903, Lacey, WA 98504-0903 Phone: (360)459-6327 FAX: (360)438-7699 a-mail: ehogeho.wa.gov Website: www.eho.wa.gov April 30, 2004 Malcolm S. Harris Darren Nienaber & Mary A. Winters Mason County Deputy Prosecuting Attorney HARRIS MERICLE & WAKAYAMA PO Box 639 999 Third Avenue, Suite 3210 Shelton WA 98584 Seattle WA 98104 RE: SHB NO. 04-007 EDWINA BENT & GORDON KAUHANEN v. MASON COUNTY Dear Parties: Because of ongoing settlement negotiations, parties have requested cancellation of the May 11 th pre-hearing conference, and a continuance of the August hearing. Parties have also agreed to send a written agreement to waive the 180-day deadline. Therefore, the hearing is now continued to November 5, 2004, with a status report from the parties due on May 30, 2004. Please file your written waiver of the 180-day deadline as soon as possible, but no later than May 6, 2004. The parties' settlement efforts are appreciated. If you have questions,please do not hesitate to call. Sincerely yours, Kay M. Brown KMB/jg/S 04-0071tr Administrative Appeals Judge, Presiding For the procedural rules of the Board, see WAC 461-08 Cc: Don Bales—7600 Mason County Dept of Community Development CERTIFICATION On this day,I forwarded a true and accurate copy of the documents to which this certificate is affixed via United States Postal Service postage prepaid to the attorneys of record herein. I certify under penalty of perjury under the laws of the State of Wa hingto that the fmregoipp,is true and correct. DATED at Lacey,WA. II