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2008-06-05 TSULLIVAN
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2008-06-05 TSULLIVAN
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BOWMAN: Sorry. Okay, it doesn’t matter. I’m just looking at the one that says <br />August 2006. <br />WATANABE: Yeah, I believe her application started in 2007 so 2006 would be wrong; <br />and I think Jeff indicated that when he was showing some of the pictures. <br />BOWMAN: Okay, I thought there was one in June of 2006 and another one in August <br />2007. I need to be clear on that. <br />DARROW: Okay, if I could clarify this. They’re both done in 2006. That’s where I <br />got those figures. It was on, if, they’re exhibits within -. <br />BOWMAN: Attachment 9? <br />DARROW: Right. And they’ll say the dates on there, 2006. The August 2006 I’ve <br />been informed by the applicant was submitted along with the application. The applicant had <br />subsequently had done another one in August of 2007. That’s where I was having the thinking <br />that that might be incorrect. <br />BOWMAN: Okay. So my question is this was done when DLNR was not certifying <br />these, right? I think that you said that the State in November 2006, the DLNR said they would <br />be doing shoreline certifications. But because they did this in August of 2006 why wasn’t it <br />accepted? <br />YUEN: We, the rule says that when the SMAA comes into the Department there <br />are several options; and one of them is at the end of the 35-day period to return the application as <br />incomplete because it does not have information that you need. And that was the option that we <br />decided to take because we found out the State was certifying shorelines, so we would be able to <br />find out where this property was in relation to a properly certified shoreline. <br />BOWMAN: Okay so this, I’m sorry. So this application even though the survey was <br />done in August the application wasn’t sent in till like November, December after? <br />YUEN: The exact date is somewhere in the records. I believe it was in September. <br />th <br />The 35 days would have run out some time before November 15. The applicant did extend the <br />th <br />time to November 15 to act on the application at our request. <br />BOWMAN: So basically it wasn’t approved because it wasn’t certified by DLNR? <br />YUEN: They didn’t have a certified survey, that’s it, that’s right. <br />BOWMAN: But they had a shoreline survey and other people prior to this that had that <br />-- I’m just trying to be clear so I understand – probably had their applications approved because <br />DLNR wasn’t certifying? <br />YUEN: We had done applications before using a private surveyor’s determination <br />of the shoreline at a high tide event, which was not a properly certified shoreline by the State. <br />8 <br /> <br />
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