Loading...
HomeMy WebLinkAboutWetland Alteration/Pond Enhancement/ Buffer Impacts/Land Restorations - BLD Letters / Memos - 4/7/1994 GARY YANDO,DIRECTOR PEON.STgTFo C �t o A u a N DEPARTMENT OF COMMUNITY DEVELOPMENT NT z PLANNING -SOLID WASTE-UTILITIES Y y BLDG. III • 426 W. CEDAR • P.O. BOX 578 1864 SHELTON,WA 98584 • (206)427-9670 April 7, 1994 Eugene Matijevich P.O. Box 5060 Belfair, Wa. 98528 1 Re: Wetland alteration/pond enhancement/buffer impacts. Dear Mr. Matijevich: A "Mason Environmental Permit" is required for the "alteration of wetlands and wetland vegetation area through clearing, harvesting. . .or planting of vegetation that would alter the character of a designated wetland" . I have enclosed the permit application form. Please submit it along with a check made .out to "Mason County Treasurer" in the amount of $100.00. Also include a , site plan showing the creek/drainage area and the wetland/pond, indicating proposed buffer areas and drawn in relation to existing structures on site. Any other information that would clarify your proposal would be helpful. It is also possible that a Department of Fisheries Hydraulic Project Approval may be required. If you have any questions feel free to give me a call. Thank you. Respectfully, Don Brush, Planner Department of Community Development ,41 /✓ ((jdWrJLp �'CrT •,'i �F 7 �'� Recycled • GARY YANDO,DIRECTOR y�N_STgTFo o A o N u DEPARTMENT OF COMMUNITY DEVELOPMENT r o T z PLANNING-SOLID WASTE-UTILITIES P N Y BLDG. III • 426 W. CEDAR e P.O. BOX 578 of 7864 SHELTON, WA 98584 • (206)427-9670 April 22, 1994 Pat Matijevich N.E. 2790 Old Belfair Highway Belfair, Wa. 98528 Re: Wetland/Creek Impacts; Site Restoration Dear Mr. Matijevich: Thank you for meeting with Doris Small of the WDF&W, and myself last week, 4/12/94 . I would like to clarify the County' s position relative to the work which has already taken place and the restoration work we discussed on site. Since our meeting I have been made aware by the State Department of Natural Resources that a Forest Practice Application is required for timber harvesting in excess of 5000 board feet in any 12 month period, regardless of the subsequent use of the timber. As such, the logging which took place on your property occurred in violation of the Forest Practices Act. Mason County enacted a policy on May 18, 1993 stating: Pursuant to RCW 76 . 09 .060 (b) (i) of the Washington Forest Practices Rules and Regulations, it shall be the policy of Mason County to enact a 6-year development moratorium under the following circumstances: 1. Owner or operator fails to obtain an approved Forest Practices Application from the DNR. The 6-year moratorium may be repealed if the degraded environment is restored and/or adequate mitigation is set forth to off-set the damage. The landowner shall be responsible for appealing the enactment of a 6-year moratorium to the Director of Community Development at which time the landowner must show that the site has been restored or mitigated. If your only proposed use of the property is agricultural the moratorium would not affect you. If however you are planning any structural development requiring permitting the moratorium would prevent such action for 6 years. The parcel that will be flagged is #12309-34-00080, Tr. 8 of S.E. , S .W. Please advise us if this is the incorrect parcel . As per our discussions on site, you are already planning to restore the creek buffer and to establish a wetland buffer. Such action would effectively resolve the moratorium issue. r flecycled As no county review of the site took place in conjunction with the filing of an FPA, it is difficult to determine the full extent of possible damage incurred to areas which may have been regulated as wetlands. We are certain that the integrity of the stream habitat and wetland in the area of the pond has been compromised and are concerned that additional wetland areas have been impacted as well . To ensure compliance with the intent of the ordinance, which is to protect critical resources, the county will require the following: 1. Compliance with Interim Resource Ordinance Section 17. 01.200 (Enforcement) subsection I (1) (a,b, c) . This includes udes the hiring of � a qualified wetland/stream biologist or consultant; the development of a restoration plan; the implementation of that plan; and the monitoring of that plan. The plan must take into consideration the biological requirements necessary to restore the stream and wetland to undisturbed functions and values. The plan can take into account your plans to create an open-water pond from the wetland area, but must compensate for any lost functions or values in the exchange. 2 . Submission of a "Mason Environmental Permit" which is needed for the' "alteration of wetlands and wetland vegetation areas through clearing and harvesting" . This permit application, as well as the restoration work noted above, must indicate compliance with the specific setback and buffer requirements noted in the Interim Resource Ordinance for streams and wetlands. Of particular importance is the submission of an accurate site plan depicting the stream and wetland location and the proposed new buffers. 3 . Compliance with Washington Department of Fish and Wildlife requirements . As we are approaching the season best suited for both site development and site restoration it would be in your best interest to begin searching for a consultant as soon as possible. No work should be undertaken on the site, including continued clearing until compliance with county requirements has been achieved. We look forward to hearing from you. If you have any questions regarding this matter feel free to give me a call . Thank you for your cooperation. Respectfully, Don Brush, Planner Department of Community Development CC: Doris Small, WDF&W L RECEIVED APR 2 8 1994 "r R RCRWRd MASON CO. PLANNING f)19''f. APR 2 8 1994 boy *AZN CO. PI*ONG State of Washington DEPARTMENT OF FISH AND WILDLIFE Temporary Address: Post Office Box 43135,Olympia,Washington 98504-3135-(206)902.2200;TDD (206)902.2207 April 27, 1994 Pat Matije.vich NE 2790 Old Belfair Highway Belfair, Washington 98528 SUBJECT: Stream/Wetland Restoration, Unnamed Tributary to Union River, WRIA 15 . 0503A Dear Mr_ . Matijevich; Thank you for meeting with Don Brush of Mason County DCD and myself on April 12, 1994 . During the field review, we observed several projects which would have required a Hydraulic Project Approval (HPA) from the Department of Fish and Wildlife : 1 ) Logs and stumps were removed from the channel . 2 ) Most of the vegetation on the banks was removed . 3 ) A pond was dug . 4 ) A culvert was installed . In addition, the riparian corridor was eliminated and a wetland area off the property was possibly being drained per request of the neighbor . The small stream is a tributary to the Union River and has no fish passage barriers for juvenile fish, although adult fish may have some difficulty at the culvert . Therefore, it is likely that the small stream and wetland system was functioning as a coho salmon juvenile overwintering area . This was also explained to you during a field meeting on March 13, 1989 . Our primary interest is in restoring the functions and values of the stream and associated wetlands for fish and wildlife . Specific needs would be shade, food production, hiding cover, habitat loss and water quality protection . We highly recommend a wetlands/stream consultant be hired to assist . in your development of a plan to restore the area . The drainage swale from the off-property wetland area should also be addressed . The most important consideration is whether the wetland is being drained or otherwise adversely affected . Pat Matijevich April 27, 1994 Page 2 i We would expect the restoration work to be undertaken this summer . Please contact me at 895-4756 as needed during the plan preparation . I have enclosed a HPA application for your convenience . Sianere ly, C Doris J . gitat 1 Regional Manager cc : Don Brush, Mason County General Services Officer Brinson, WDFW Patrol RECEIVEC) JUN 0 7 1994 Patrick E. Matijevich MAS"N CO- NAW1,14IG DEPr. Country Garden Inn NE 2790 Old Belfair Hyw Belfair, Washington 98528 June 6, 1994 Attachment(1) URBPA Newsletter , April 1994, page 2 ; paragraph 2, "BAD NEWS". Dear Mr. Brush: Since our meeting on April 12, these are the actions that I have taken to cooperate and comply with new revelations of ordinances which by your letter of April 22, you have just been made aware of. In addition, your letter of April 22 stated I was in violation of the Forest Practices Act. This is not true. I contacted Lori Cox, DNR Forester, and she did a site inspection of my property April 27. As I indicated during previous discussions I started clearing in fall of 1993 which resulted in approximately half of what is in log piles and the rest in March 1994. Lori Cox told me that there was no problem with this and DNR is not in the business of placing moratoriums on land owners. I did not come close to the 5000 board feet in any instance. Also, no permit is required for the removal of danger trees, one and a half tree lengths from structures. The heights of trees in the subject area are between 50ft. and 70ft. I could have removed many more that fit the criteria but removed only wind fall already down and trees that were so close to the three structures that they would have caused significant damage or injury to my family. In Doris Small's WDF&W letter dated April 27, 1994 , it was stated that I removed logs and stumps from the channel. This is not true. Only limbs and branches from clearing danger trees were removed from the channel, there were no stumps nor logs in that channel. The herbal vegetation was scraped by machinery and was not removed. That vegetation has already returned within the buffer. As we discussed in the first week of April, upon your visit as a result of Attachment(1), the unfounded complaint is pure fantasy. For the last three years in fact, many nice folks from Mason County General Services have come out to my property for what in your business is referred to as "Elvis Sightings" in regards to unfounded complaints generated by "concerned" citizens. Doris failed to mention that she had been out to my property on two previous occasions where we had discussed digging out the pond and since it was well over two hundred feet from the Union River and no permit was ever mentioned on both occasions. As stated in her letter her main concern is specific needs for wildlife habitat one being shade. The clear area along the channel had no standing trees as they were blown down in the winter of'93 and '94 . Let me make this clear, no trees were cut down by the channel, no existing cover was removed from the channel. Another concern is water quality. We have discussed this issue before, (on another unfounded complaint in 1992)where Water Quality took samples of the pond and ditch across the Old Belfair Hyw. from my property, the culvert at the Hyw. spilling on to my property, the culvert spilling on my Father's property and at various points along the Union River flowing through my Father's property. In addition, we hired a private laboratory to take samples at these exact same points. E-coli counts across the Hyw were between 500 ppm to 300 ppm, the channel in excess of 160ppm and the Union River between 160 and 120ppm. There has been no action taken by Mason County or the State to find the non-point source pollution. 1 Referencing Attachment(1), this is a perfect example of how a citizens group makes a plethora of phone calls to Mason County General Services parroting what they have read . Only once in the last three years has any one from that group called us inquiring whether there was any truth to these fantasies. We have been targeted by this group and constant calls to make these unfounded complaints puts pressure on County employees to come as fast as possible, dragging in tow every State and Federal agency that you want to have written comments on and citing RCW or Interim Ordinances that do not apply as stated in subsequent paragraphs. Your letter of 22 April and WDF&W letter of 27 April are another example of inaccuracies to be made public record. County and State employees are supposed to take an impartial position, make fair and reasonable assessments to insure that the rules and regulations are complied with. I find the tone of your letters combined with the unfounded complaints smacks of collusion. If hasn't dawned on you yet, toll free phone calls to your offices with unfounded complaints, is a continuum of harassment which you are the vehicle and personal services messenger for their citizens group. This is also a continuum as in the case of my Fathers project, of being co-operative and doing all that is asked of us, we are put under the microscope. As time passes constant new revelation of ordinances, more fees, more consulting with state agencies etc. in an effort to appease a citizens group whose main agenda is not the environment, but zero growth. Any permit or business done with the County that has our family name on it will surely receive the maximum scrutiny, the most restrictions, and the most conservative course with no latitude. This is wholesale discrimination. I am incensed with the fact that not only is your statement about filing an FPA inaccurate, in addition, you have become judge and jury in the certainty of compromise of the channel and pond. In Doris Small's letter it is also "likely" that this also served as an over wintering area. Mason County and State agencies can force landowners to comply with interim ordinance enforcement based upon inaccuracies in public correspondence, professional opinion based on supposition and knee-jerk-reaction to unfounded complaints . This is the foundation for discrimination, focusing only after the fact of a unfounded complaint, (or parroted plethora of unfounded complaints)your "concerned" citizens get to pick and choose who to put the most political pressure on at the State and County and continue to scream to make sure that the process continues indefinitely forcing the landowner to hire professionals to prove these inaccuracies and unfounded accusations false. On your initial visit I told you that I fully intended to replant the buffer next to the channel. I sure as hell don't need your threats of moratoriums to comply. You totally discounted the fact that the open sewer that originates as drainage ditches on the opposite side of the highway magically becomes a sacred "possible" game fish bearing stream when it flows on to my property. On my side of the highway your County Engineers have not properly maintained the road ditches and have allowed the culvert to silt-up constricting it to less than half its capacity. In addition, those ditches which run for annroximately 900' NE from the culvert and 600' SE from the culvert do not have the same buffers as outlined in IRO Section 17.01.070 B. 2. When flowing onto my property having the same origin as the road ditches, now the silt has built up in the channel bed further expanding the channel bed. The ditches exempt by this ordinance when they flow on to my property now are transformed into sacred ground. Again, this is wholesale discrimination. Mason County through negligence is in violation of IRO Section 17.01.070 D. 1. b. allowing the discharge of silt onto my property raising the channel bed to a false height further causing problems to natural drainage of my property. I must insist that you bring the channel bed to the elevation at or below the outlet of the culvert spilling on to my property. This will serve as a benchmark so the County Engineers can remove the silt from the channel up to the beginning of the pond and restore the proper elevation and grade to allow for natural drainage from when the culvert under the highway was installed. I must also insist that Mason County provide adequate drainage ditches along the highway to remove surface water running onto my property from the highway. There are drainage ditches on the county easement adjacent to my property next to the highway that also have been neglected and over grown with danger trees next to the highway. 2 On May 5, Emmett Pritchard one of the Field Wetland Ecologists for Wiltermood Associates completed a site inspection of my property. At the conclusion of his visit he wanted to see the channel which was not involved in the clearing. This was to provide a comparison or contrast to serve as a bench mark for replanting along the channel cleared of wind fall . The only contrast was undistrubed herbal vegetation. The tree spacing was comparable and also exhibited the comparable degree of wind fall. He also noted that the topography had not been changed, but we had merely removed stumps and scraped the herbal vegetation as part of the clearing. In addition, Mr. Pritchard said the herbal vegetation would return on its own(which it already has). On May 9, I contacted Rob Ryan of the Mason County Conservation District . Rob provided me with information in obtaining native species trees and shrubs to replant the channel. I will obtain the trees and shrubs from the Conservation District early next spring in the March and April time frame. This is the time to plant bare root vegetation to minimize shock and ensure maximum survivability of the transplants. I don't need "experts" to verify this, agronomy is my business. The subsequent paragraph satisfies the compliance of IRO Section 17.01.2.1.(1) (a,b,c), for the channel. I see no reason to pay professional fees for 8"x12" glossies of the site and a 100 page written report directing me to plant what amounts to less than a small pick-up load of bare root transplants. With submission of my MEP, I will comply with all of your requirements in your April 22, letter subparagraph(2.) I contacted Mr. Rudy Pojtinger, U. S. Army Corps of Engineers. He will not be able to visit my property until after June 10. Oh, by the way, Rudy says you sent him some correspondence in regards to my property. I responded that I had not heard nor seen of such correspondence and I told Rudy that you had perhaps just forgotten me when it came to distribution. I request that all correspondence(including telcons and E-Mail)that regards my families property whether coming into Mason County offices or outgoing that I be furnished a complete copy of such correspondence. Not only is this out of courtesy, but no less than demanded of you under the Freedom of Information Act by the "concerned" citizens of Attachment(1). If you should have any questions feel free to call. QJ Cordiallya Patrick E. Matijevich Mr. Don Brush Planner Mason County Department of Community Development Bldg III 426 W. Cedar P.O. Box 578 Shelton, WA. 98584 cc: Doris Small Wiltermood Associates Llil♦111' 1liL 1`'1L'l1L I 11 / ED AUG 1 a 1994 � Regulatory Branch 'JUL 2 g 1994 Mr. Pat Matijevich N.E . 2790 Old Belfair Highway Belfair, Washington 98528 it Reference : 94-4-00552 Matijevich, Pat Dear Mr. Matijevich: On June 30 , 1994 , we inspected your property near Belfair, Mason Count Washington in response to 1 y, g p a complaint . We observed that you mechanically land cleared, excavated and graded wetlands . Mechanized landclearing constitutes a discharge of fill material (inspector' s drawing enclosed) . Based on our investigation, we have determined that the landclearing and associated work adversely P J impacts 1 . 35 acre of wetlands adjacent to the Union River. We consider this work to be in violation of Federal law. Section 404 of the Clean Water Act requires Department of the Army authorization for the placement of fill or dredged material in waters of the United States including wetlands . I direct you to do no further filling of wetlands at this site . The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions . The U.S . Army Corps of Engineers, has the responsibility for determining whether a specific wetland area is within Section 404 jurisdiction. The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the United States by manmade dikes or barriers, natural river berms, beach dunes, and the like are "adjacent wetlands . " Based on the discussion during our site visit, you agreed to remove the fill from wetlands . We appreciate your cooperation. The fill can either be removed to an upland area, part of it may be used to fill in the ditch or be placed in the area as indicated on the enclosed sketch. Two hundred twenty five feet of the existing ditch must be restored in addition we strongly recommend that you restore the remainder of the ditch up to the pond area . This will aid restoration of the site more rapidly. You must complete all restoration within 45 days from KY;A:NAIiJhVI -2- the date of this letter and advise Mr. Rudy Pojtinger of my staff when removal of the fill material and work as indicated above has been completed. We will resolve this violation when the fill has been removed and the area has revegetated to our satisfaction. If additional work is contemplated in this area which involves wetland excavation, filling, grading, or mechanized landclearing, you should consult with our office to determine if you will be required to obtain an individual Department of the Army permit . I Nothing in this letter shall be construed as excusing you from compliance with other Federal, State, and local statutes, ordinances, and regulations which may pertain to this work. If you have any questions please contact Mr. Rudy Pojtinger, telephone (206) 764-6914 . Sincerely, Donald T. Wynn Colonel, Corps of Engineers District Engineer Enclosures 7 2s/Ai CC : WRIGHT/OP-RG --�/�li Y Environmental Protection Agency, WD-128 ML'ER/OP-RG Washington State Department of Ecology RAFIELD y OC ATTN: Shorelines Enforcement �- �`Z'j APPLEBURY�" Washington State Department of Ecology ATTN: Nationwide Permit Coordinator DICKEY/DD WYNN/DE/s/ Reg Br File F,ETA ff, tA r d z 4 11994 Hf Inp9�� State of Washington DL'"7 DEPARTMENT OF FISH AND WILDLIFE Mailing Address. 600 Capitol Way N, Olympia, WA 98501-1091 - (206)902-2200; TDD (206) 902-2207 Main Office Location: Natural Resources Building, 11 11 Washington Street SE, Olympia, WA October 14 , 1994 Pat Matijevich Northeast 2790 Old Belfair Highway Belfair, Washington 98528 SUBECT: Stream/Wetland Restoration of Unnamed Tributary to Union River , Section 9/16, Township 23 North, Range 01 West, Mason County, WRIA 15 . 0503A Dear Mr . Matijevich; Thank you for meeting with Dave Gufler and myself on September 29, 1994 . During our site review we discussed a potential mitiqation project for the work done last spring on the property as described in our letter on April 27, 1994 . The mitigation project included the following elements : Before rainy season (November 1 ) : 1 . Establish fish passage in the culvert under the gravel access road . This would involve removing the hay bale and boards at the inlet . Both culverts would need to be maintained to be passable to fish in the future (per RCW 75 . 20 . 060 ) . 2 . Add a minimum o€ 5 large fir or cedar logs to the pond area . The logs should be a minimum of 12 inches diameter and in sound condition. Logs with branches or rootwads are preferred . The logs should be at least 10 feet in length with approximately one third of the length resting on the bank . A small amount of excavation to lay the logs into the bank would be acceptable . Rootwads of minimum 4 feet diameter would be a suitable substitute for a log . 3 . Erosion control (qrass seed, silt fence ) should be added to disturbed soils within 25 feet of the stream . Pat Matijevich October 14, 1994 Paqe 2 Durinq winter : 4 . We note that native vegetation has been re-established along most of the stream length. If erosion control is in place where needed, we would allow one additional spring growing season to determine the extent of revegetation necessary. If native streamside plants have not reappeared by May 1, 1995, suitable plantings should be added within the 25 foot corridor on both sides of the stream channel (as measured from the stream channel edge ) . 5 . Conifer should be planted at 10 foot centers along the 25 foot corridor where trees are absent . 6 . No further clearing of the stream corridor or excavation of the pond is permitted . An application for a Hydraulic Project Approval (HPA) is enclosed . You will need to contact Don Brush at Mason County ( 427-9670 ) to determine if County permits are necessary for this work and if the work is consistent with County requirements . If SEPA is required, there will be a delay in processing the HPA application . However, we will attempt to work with the weather to see that the project is accomplished this year . We recognize that the stream may seem insignificant due to seasonal water flow. However, overwintering areas such as these are important to juvenile coho salmon during the most critical phase of their life history. We appreciate your cooperation in restoring this area and anticipate your reply, in the form of an application, at the earliest possible date . Please contact me at 895-4756 if you have any questions . Si erely, Doris J . Sm 11 Area Habit Biologist Habitat Management Division cc : Don Brush, Mason County Dave Gufler, WDFW Attachment : HPA application GARY YANDO,DIRECTOR �pN.STA TF O o A o u DEPARTMENT OF COMMUNITY DEVELOPMENT r o T z PLANNING -SOLID WASTE - UTILITIES Z� N Y Y BLDG. I • 411 N. 5T11 ST. • P.O. BOX 578 1864 SHELTON,WA 98584 • (360) 427-9670 March 7, 1996 Elaine Manheimer Union River Basin Protection Association 10195 W. Old Belfair Highway Bremerton, Washington 98312 Dear Ms . Manheimer: In response to your letter of February 13 , 1996, the Department of Community Development is sending this letter to inform you that progress is being made on Pat Matijevich' s property regarding the re-establishment of the wetland - backwater area that existed prior to significant site alterations done several years ago. On February 14, 1996, Mr. Matijevich contacted Allan Borden (Shoreline Planner) about a February 15th meeting on his property with both Mason Conservation District and Washington Department of Fish and Wildlife. At the February 15, 1996 meeting, Allan Borden met with Pat Matijevich, Doris Small of WA. Dept. of Fish & Wildlife, Mike Masden and Sue Hayward of Mason Conservation District, and Deb Black (an engineer) and an engineering technician of U.S . Natural Resources Conservation Service. The discussion started with what had occurred in the past (removal of trees and the ditching and placement of fill in the wetland area) and that the Army Corps of Engineers had Mr. Matijevich fill in some of the ditching. The Corps did stake some areas as the boundary of the wetlands . The site has easily observable wetland vegetation, saturated soils, ponded water, and a water current passing through the property. It is a portion of a winter ponding - wetland covering an extensive area, across which the Old Belfair Highway is built, and this area remains wet or saturated for much of the year. Mr. Matijevich proposed creating a pond in the area between Old Belfair Highway and where the Corps of Engineers made Matijevich fill in his ditches . This pond would need to be connected to the stream which crosses his property and which eventually joins the Union River. Natural Resources Conservation District and WA. Dept. of Fish & Wildlife were willing to come up with a design Recycled for such a pond. Mason Conservation District would assist in accomplishing the work. Allan Borden asked if creating a pond was the necessary action to resolve the wetland and habitat damage caused. He suggested that creating the water flow patterns (shallow channels) to connect with the stream to the south would result in less impact and re-establish what once was on the property, a backwater area accessible by coho salmon in the winter via this nearby small stream. The Natural Resources Conservation Service engineer and technician will be working on a design to accomplish this backwater area. Any proposal will need a State Hydraulic Project Approval and county approval through a Mason Environmental Permit and environmental checklist. The project design will be reviewed by these agencies as well as by the Skokomish Tribe and Corps of Engineers. The work would need to occur in the summer when the least amount of water is present and the project erosion control can be effective. You can be notified when project specifics are available and during the review of county permits. For additional information, please contact Allan Borden of Department of Community Development at (360) 275-4467 ext. 365 . Since ely, Gary Yan o irector Department of Community Development cc: Doris Small WDFW Mike Masden MCD GARYYANDO,DIRECTOR STgTFO o A o N DEPARTMENT OF COMMUNITY DEVELOPMENT U o T z PLANNING - SOLID WASTE- UTILITIES o N Y oy BLDG. III • 426 W. CEDAR • P.O. BOX 578 J a 1864 SHELTON, WA 98584 - (206) 427-9670 March 20, 1995 Pat Matijevich N.E. 2790 Old Belfair Highway Belfair, Wa. 98528 Re: Site restoration; permitting requirements Mr. Matijevich: Last fall I met with you and Gene on site along with Jason Manassee of this department . I believe we left with the understanding that the following would occur: 1. Site to #be seeded when conditions allowed. 2 . Mason Environmental Permit (MEP) required for alteration of wetlands. (Includes both the "pond" and the remaining de-vegetated portions of the site. You will recall that we discussed the possibility of your turning a portion of the property into Agricultural Open Space, which would eliminate the need for the environmental permit on all areas excepting the pond) . If seeding has taken place or is about to please advise me (I have not recently been past the site) . The MEP should be submitted within 30 days of receipt of this letter (new blank application enclosed) . It should be accompanied by a plan and the required fee (now $105 . 00) . If you have any questions feel free to give me a call . Thanks for your cooperation. Respectfully, t Don $rush, Planner Department of Community Development Y Patrick E.Matijevich NE 2790 Old Belfair Hyw Belfair,WA 98528 March 23, 1995 Don Brush,Planner Department of Community Development Bldg. II1426 W.Cedar P.O.Box 578 Shelton, WA. 98584 Re: Site restoration;permitting requirements r Mr.Brush, Before the requirements of attachment(1) can occur there were some issues that needed to be resolved that were not listed in attachment(1).Those issues are: 1. Stop the flow of surface water that has been mechanically diverted onto my property from the adjacent property to the north. This mechanical diversion of surface water and mechanical grading of the topography to the landscape changes the grade to benefit drainage in a southerly direction whose point of origin is the gravel road that cuts east to west intersecting with the Old Belfair Hyw. approximately one quarter mile north of my property. Those surrounding properties have been cleared,dozed,or ditched to benefit drainage in the direction of my property. Remember, at great expense, I had to"repair" the ditch on my site just to have surface water from scores of acreage to the north and east cascading on to my property. 2. You and the county's road engineer were going to take care of the road drainage problems along my property and north of my property next to the Old Belfair Hyw. I cannot fill out the MEP or seed until Mason County takes care of the above problems that adversely effect my property in the above issues. I have discussed these issues with Mr.Bill Hunter by phonon last fall. I would request that you lift the restriction of the 30 day completion of the MEP until you and the county resolve these issues. In addition, Mr.Hunter told me the only reason that my property is receiving this attention is because of U.R.B.P.A. and General Services discrimination and conflict of interest. Some how my cooperation has given Mason county license to stomp all over my rights as a citizen and private property owner.I'm sure that any decisions about my property will only include me to be patronizing and I can count on interpretations of ordinances or laws to be enforced to the extreme restriction when concerning property with my name on it. (N, W r� MAR 2 81995 Patrick E.Matijevich Cc: Bill Hunter MASON CO. r LANNNG DEPT. Gary Yando Attachments: (1)Letter, Dated March 20, 1995, DCD Mason