The state’s effort to get approval of the Black Rock Terrace subdivision in the Wenatchee Foothills reconsidered has been denied by the city’s hearings examiner.
The Attorney General’s office, on behalf of the Washington Department of Fish and Wildlife had argued that the 13-acre subdivision infringed on important mule deer habitat.
But hearings examiner Andy Kottkamp noted in his denial that Fish and Wildlife did not send a representatives to either of two days of hearings on the development and was only contacted on his instruction to see if they had any additional comment about access restrictions required of the developer.
The Attorney General’s office cited several areas of concern with the 17-home development that Kottkamp said went beyond his request.
“To the extent that the Request for Reconsideration submits new factual information not previously admitted into the record, those facts are hereby excluded from the record,” Kottkamp wrote.
Any further attempt to delay or stop the development would need to come through a Chelan County Superior Court ruling.
Opponents have until the end of the month to decide if they want to take the matter to court.