Smith & Lowney, p.l.l.c.
2317 East John Street
Seattle, Washington 98112
(206) 860-2883, Fax (206) 860-4187

November 11, 1999

Via Fax (360) 336-3488

C. Thomas Moser, Hearing Examiner Pro Tem
Skagit County Planning and Permit Center
700 S. Second Street - Room 204
Mount Vernon, WA 98273

Re: Administrative Appeal of Randy Previs, AP 98 0400

Dear Hearing Examiner Moser:

Thank you for providing Evergreen Islands, and the public generally, the opportunity to submit additional comments for the record in the Administrative Appeal of Randy Previs.

We would like to focus your attention on the following points of fact, law, and policy.



The Hearing Examiner should do likewise.

"Because a federal license is required, and because the project may result in discharges into the Dosewallips River, petitioners are also required to obtain State certification of the project pursuant to [CWA] 401."

PUD No. 1, 114 S.Ct. at 1907. Under the Appellant's argument, the State certification would be required only if the federal permit requirement was "triggered" specifically by the discharges. But that is not the way the law works. Nothing in the language of the statute requires any "causal link" between the discharge and the federal permit to trigger the certification requirement.

Ruling in Mr. Previs's favor would unavoidably send several terrible messages. Because Mr. Previs is not personally entitled to any particular interpretation of the law, it is entirely legitimate and valid to consider the policy implications of his proposed interpretation. It is likely that:


Fundamentally, the Appellant has failed to satisfy his burden of demonstrating that the challenged interpretation is wrong. That burden is particularly high when an individual who utterly disregarded all applicable permit requirements wants the law to be interpreted so as to create a loophole. The appeal should resoundingly be denied.

For these reasons, we respectfully urge you to affirm Skagit County Planning and Permit Center Director Tom Karsh's October 27, 1998 Administrative Interpretation.

Thank you for your efforts in this matter.

Very truly yours,

Smith & Lowney, p.l.l.c.

By: __________________________
Richard A. Poulin
Of Counsel