NOTIFICATION OF INTENT TO OBTAIN CUSTODY.

WA Dept of Natural Resources (DNR) has declared the vessel Cape Naden, and USCG #141126 an emergency because it meets the criteria described under RCW 79.100.040(3). DNR took temporary possession of the vessel and had it removed from Lake Bay marina, Pierce County in order to prevent it from sinking, breaking up or posing a threat to human health and safety or the environment. DNR intends to take formal and full custody of the vessel on 01/18/2021 (Custody Date). After taking custody, DNR may use or dispose of it without further notice. The owner is responsible for all related costs. To retain custody of the vessel, before the Custody Date, the owner must: 1) Pay DNR back for costs incurred to date, 2) Move the vessel to an anchorage area, moorage facility, or storage location that has authorized the vessel. To redeem the vessel once DNR has taken custody, or challenge DNR’s decision to take custody or temporary possession, the owner must file a written request (one original and one copy) for a hearing with the Pollution Control Hearings Board, in person at 1111 Israel Rd, Tumwater WA, or by mail to PO Box 40903, Olympia WA 98504-0903, and serve one copy on DNR’s Aquatic Resources Division at 1111 Washington Street SE, MS 47027, Olympia WA 98504-7027. The appeal must include the following information: a copy of the decision you are appealing; your name and address (mailing and legal, if different) and, if applicable, the name and address of your representative; a daytime phone number; a brief statement why you are appealing; a statement of what you want the Board to do; the signature of you or your representative. [This signature certifies that the content of the appeal is true.] The written request can be submitted immediately but cannot be filed any later than 02/17/2021 (Appeal Date). The right to a hearing is deemed waived if a request is submitted late, and the owner is liable for any costs owed to DNR. These costs may include all administrative costs incurred by DNR, removal and disposal costs, and costs associated with environmental damages directly or indirectly caused by the vessel. In the event of litigation, the prevailing party is entitled to reasonable attorneys’ fees and costs. DNR reserves the right to pursue any other remedies available under law. For more information, contact the Derelict Vessel Removal Program at (360) 902-1574 or DVRP@dnr.wa.gov. IDX-917243

January 8, 2021