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2018-01-23 Rich SEPA and VMP appeal PHO Pre-Hearing Order (Dated January 23, 2017) Bainbridge Island Hearing Examiner Rich Appeal of a SEPA Determination and Administrative Decision No. HEA-2018-02; No. PLN50468 VEG Page 1 of 3 BEFORE THE HEARING EXAMINER FOR THE CITY OF BAINBRIDGE ISLAND In the Matter of the Appeal of ) No. HEA-2018-02 ) No. PLN50468 VEG Crystal and Yurie Rich ) ) PRE-HEARING ORDER Of a SEPA Determination and ) Administrative Decision ) (Superseding Prior Orders) TO: Jeremie Lipton, Attorney for Appellants Via email to: jeremie@liptonlawgroup.com James Haney, Attorney for City Via email to: jhaney@omwlaw.com Roz Lassoff, Clerk to the Hearing Examiner Via email to: rlassoff@bainbridgewa.gov [For file] PLEASE TAKE NOTICE that Crystal and Yurie Rich filed an appeal of the City’s SEPA Determination and conditions of the City’s approved Vegetation Management Permit (VMP). An open record appeal hearing in the above-referenced case will be held on: March 5, 2018, 10:00 AM Council Chambers, Bainbridge Island City Hall 200 Madison Ave N. Bainbridge Island, Washington Issues on Appeal SEPA MDNS Appeal 1. Is MDNS Condition 1, requiring a general NPDES construction permit, necessary to mitigate the impacts of the Appellants’ proposed development? VMP Appeal 2. Is VMP Condition 7, requiring a 25-foot nonfarmed buffer along the entire perimeter of the property, necessary to mitigate the impacts of the Appellants’ proposed development? 3. Is VMP Condition 12, requiring the Appellants’ farm plan be implemented within one year after completion of the conversion vision, a practical condition? Pre-Hearing Order (Dated January 23, 2017) Bainbridge Island Hearing Examiner Rich Appeal of a SEPA Determination and Administrative Decision No. HEA-2018-02; No. PLN50468 VEG Page 2 of 3 4. Is VMP Condition 13, requiring all residual forest areas, including the 25-foot nonfarmed buffer, be retained in windfirm condition pursuant to BIMC 16.22.060.A.3, a practical condition? ORDER ON APPEAL PROCEDURES The following order is intended to facilitate a hearing and resolution of this matter: 1. Motions: By Noon, February 2, 2018, two paper copies of any motions may be submitted by any party to the Clerk to the Hearing Examiner of the County (who will forward one copy to the Hearing Examiner), with a copy to the other party. By Noon, February 9, 2018, two paper copies of any response to motions may be submitted by any party to the Clerk to the Hearing Examiner of the County (who will forward one copy to the Hearing Examiner), with a copy to the other party. 2. Briefs: By Noon, February 9, 2018, two paper copies of a brief, not to exceed 15 double-spaced pages, may be submitted by the Appellants to the Clerk to the Hearing Examiner of the City (who will forward one copy to the Hearing Examiner), with a copy to the other party. By Noon, February 16, 2018, two paper copies of a response brief, not to exceed 10 double-spaced pages, may be submitted by the City to the Clerk to the Hearing Examiner (who will forward one copy to the Hearing Examiner), with a copy to the other party. 3. Witness and Document Lists: By Noon, February 26, 2018, the parties shall provide to the other party, with two copies to the Clerk to the Hearing Examiner (who will forward one copy to the Hearing Examiner), the following: a. a witness list, if any b. a documents list c. copies of the documents The witness list shall include the name, address and telephone number of each witness. If the witness will be providing expert testimony, the witness list shall also identify the witness’s area of expertise. Only those witnesses and documents identified shall be allowed at the hearing. Objections to admission may be made at the hearing; if no objection is made the document will be deemed admitted. All parties to the appeal shall have an opportunity to cross-examine witnesses. Copies of documents shall be tabbed and designated as follows: Appellants (A-1, A-2, etc.) and City (C-1, C-2, etc.). 4. The general format of the appeal hearing shall be as follows: SEPA Appeal a. Introductory remarks by the Hearing Examiner Pre-Hearing Order (Dated January 23, 2017) Bainbridge Island Hearing Examiner Rich Appeal of a SEPA Determination and Administrative Decision No. HEA-2018-02; No. PLN50468 VEG Page 3 of 3 b. Presentation of Appellants’ witnesses, and cross-examination of those witnesses by the City c. Presentation of City’s witnesses, and cross-examination of those witnesses by the Appellants d. Closing arguments, if any. VMP Appeal a. Introductory remarks by the Hearing Examiner b. Presentation of Appellants’ witnesses, and cross-examination of those witnesses by the City c. Presentation of City’s witnesses, and cross-examination of those witnesses by the Appellants d. Closing arguments, if any. 5. The parties are encouraged to discuss settlement and to notify the Clerk to the Hearing Examiner of any settlement reached prior to the scheduled hearing. SO ORDERED this 23rd day of January 2018. THEODORE PAUL HUNTER Hearing Examiner Sound Law Center