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HomeMy WebLinkAboutStop Work - Road Widening and Erosion - GRD Letters / Memos - 9/30/2010 360-427-9670 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION P.O. Box 279, Shelton, WA 98584 ALL PERSONS ARE HEREBY ORDERED TO AT ONCE TOP WORK On These Premises at 1 v , �r l/ -- � J � �e © 0 I � W4,&W 2,3ct to 2� R-ho - ?2 This order is issued because A.M. l / Posted P.M. >L� BY � �" The failure to stop work, the resuming of work without permission from the Department of Community Development,or the removal,mutilation,destruc- tionINGtion or concealment of this Notice is punishable by fine and imprisonment. - s . sly`. ♦ � �'s". �... s _ �, A Y� _� _ ... � .... :v rye-� ''t '7►� W �- .' r r �. e. �• �."'wry..' 'w ,.,r wy',^ �j.+ _. ,<.� �+ - - Roo* w r -W� l SMIN JB a I _— Y A � v" y ra 7, - a .41 •� �.�, _� `4�. 46 1. Jp / - 1 - r F M 4 !' w +1 ! 4F ,, At R INK �r Y , # i `4f �1 x 'k w _ �`` •"���-°� -�_� � + t 't''r"-`.��'' ,.may _: - Yowl w 3'+ f• _ ,4W_ r R , ''fir - ...1« ��`• - W J f y 41 It AL Aj 7.21 t} ,a♦ •�i, w'a i ......�♦ _.fir�� ti. - �i�... �., ',�- i.,� � yew' 'i :., r•�+�., �' `. � +� !",� �. MIS, �• rj�rr. •° \��• w, r . s ,y.'c ,- ':di'...µ: • + -. ..off� `l ��`.y. I} ��? :�; ~�"•�' w IRS- * r,► AIWI r• . .O%t • ti : 7J�Y imam .; '' y-.. - �' f ,:=* •�'�� -- ,.�'" s � � � ?� s �3.� .s,� yt, is+ �/ Ileram:- M&bs-AWN Af �..*I"� 'S� ^� '/ • !� � -�- .� Vim„ A7J�A ��� l r�• . f it -A °N °°Uv,A MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Shelton(360)427-9670 Mason County Bldg.I Belfair(360)275-4467 411 N 5th Street Elma(360)482-5269 PO Box 279 HOME PAGE—www.co.masonma.us ixsq Shelton,WA 98584 September 28,2010 Mr. David Tipton Belfair Water District P.O. Box 563 Belfair WA 98528-0563 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER: ENF2010-00086 PARCEL NUMBER: 12328-33-60000 SITE ADDRESS: Belfair Water District property behind 23910 NE State Route 3, Belfair Dear Mr. Tipton: Mason County has received a complaint to a potential violation of the Mason County Resource Ordinance Chapters,Landslide Hazard Areas 17.01.100 and Fish& Wildlife Habitat Conservation Areas 17.01.110. The site was identified as containing violations of these sections of the Mason County Resource Ordinance, including the cutting down trees on slopes,or within the buffer,that exceeds 15 percent and providing no erosion control; and allowing runoff to deposit sediments in nearby streams. This letter serves as a notice that no further ground-disturbing work shall take place on this parcel until a course of actions mentioned below are underway or are agreed upon by the Belfair Water District and Mason County Department of Community Development. The first iSSL. :,� ou must address is the control of runoff and sedimentation from surface disturbances that have taken place in August and September 2010. Silt fencing will not work in slopes areas with loose soil materials. Straw and fiber matting work more reliably to slow runoff and hold sediments in place. Considerable lengths of road surface are subject to erosion and are contributing to sediment delivery to the nearby streams. This type of activity impact needs to be corrected. A qualified biologist or stormwater&erosion control consulting enterprise can provide the expertise and problem solutions to address these problems. I anticipate receiving the erosion and sediment control plans and the necessary fees($255 review) by October 12,2010,due to the need for immediate control measures to be implemented. The second issue to address is that a Mason Environmental Permit(MEP) is required to be submitted prior to any further land clearing activities or grading on slopes exceeding 15 percent. When the slopes are greater than 40 percent in steepness, a geotechnical report is required with the MEP submittal. A qualified person,as defined in the Mason County Resource Ordinance, must prepare the geotechnical report and provide the study to the landowner, who then submits the document to Mason County for review. An application for the MEP can be found at our Home Page address,and copies of the applicable code provisions from the Mason County Resource Ordinance have been included. You will now need to submit the following: • Mason Environmental Permit with after-the-fact fees$630.00 x 3 =$1890.00.(Triple cost waived if deadline met) • Geotechnical Report Review- $255.00 • Planning violation fee- $255.00 H:\WORD\Enforcement letters\Belfair Water District steep slopes clearing.doc I anticipate receiving the Mason Environmental Permit and site plans, necessary fees, and Geotechnical Report by October 22,2010. In regard to harvesting timber(aside from evaluation in geotechnical report),you must apply for a forest practices permit with Mason County when two acres of area are harvested or two truckloads of merchantable trees are harvested and sold. Regarding the requirements and the process for timber harvest,please confer with Mr.Michael MacSems, Senior Planner in this Department(phone extension 571). If you have questions regarding the compliance requirements,please contact me at(360)427-9670 ext 365,or by mail at P.O.Box 279,Shelton WA 98584. Thank you for anticipated cooperation. Sincerely, Allan Borden Senior Planner HAWORMEnforcement Ietters\Belfair Water District steep slopes clearing.doc Belfair Water District #1 P.O. Box 563 Belfair, WA 98528 RECEMM November 9, 2010 Mv ' O 426 W. CEDAR.S.T, Alan Borden Senior Planner Dear Mr. Borden, In response to the article in the Belfair Herald and the subsequent letter from you dated September 28, 2010 the enclosed is an erosion control plan and an extortion fee of $255 as you have demanded. I am asking for the name of the anonymous complainant at this time. Please provide any records of contact you have had with this person who you have not identified concerning the property. This letter is also intended as official notice that a contractor working for Mason County caused a monitoring well to be installed on our property. No one asked for or received permission to place this well on the property. I have notified individual County Commissioners over the last 2 years and nothing has been done. Please provide the permit, the geotechnical report, and any other information the County has on this trespass. Because of harassment of Mason County staff I have worked with and followed the recommendations of Ecology staff in resolving the alleged erosion control issue. The waddles and the silt fences are the selected means to control soil reaching the creek. off h road as For the record, there is a need to re-slope the old logging road to et the rain o the o P g9 9 9 Ecology suggested. This will not be done until spring when the rains let up. Charles Toal can explain this better than I can. Sincerely, Dave Tipton BWD#1- Manager Belfair Water District #1 RECEIvED P.O. Box 563 Belfair, WA 98528 DEC 2 8 Z010 MASON CO. PLANNING DEPT, December 22, 2010 Alan Borden Senior Planner Dear Mr. Borden, In response to the letter from you dated September 28, 2010 we sent an erosion control plan and an review fee of $255 as you demanded on November 9, 2010. I am again asking for the name of the anonymous complainant at this time. Please provide any records of contact you have had with this person who you have not identified concerning The District's property. The November 9'h letter also provided official notice that a contractor working for Mason County caused a monitoring well to be installed on our property. No one asked for or received permission to place this well on the property. We asked you to provide the permit, the geotechnical report, and any other information the County has on this trespass. We have received no information. Because of harassment of Mason County staff I have worked with and followed the recommendations of Ecology staff in resolving the alleged erosion control issue. The waddles and the silt fences are the selected means to control soil reaching the creek. For the record, there is a need to re-slope the old logging road to get the rain off the road as Ecology suggested. We need your approval to reslope and rock the road to control the flow of water. Charles Toal can explain this better than I can, but Ecology can fine the District $10,000 Per day if we do not complete this work. There is more rain on the way. Please contact us so we can this done! The County cashed our $255 warrant in November and we still do not know if the erosion plan is okay or not. Sincerely, Dave Tipton BWD#1- Manager W lcr C-'ilct #1 �pSes POST P.O.Ccx C53 f 5 EcN�c;r, VIA 90528 z� �_ -�PITNEY BOWES 02 1 P $ 000.440 0004457734 DEC 22 2010 MAILED FROM ZIP CODE98528 Community Development 426 W C/O: Alan Borden CE(` P.O. Box 279 Shelton,WA 98584 __-. =rc:" lt,I„l„l„I,I,L,t„I„ttl„,,,tIl11„JI,I„I,,,II,t,,,Ililt P5ON co MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1 411 N.5th _ P.O.Box 279 Shelton,WA 98584 18 4 January 24,2011 Mr. David Tipton Belfair Water District P.O. Box 563 Belfair WA 98528-0563 ENFORCEMENT CASE FILE NUMBER: ENF2010-00086 PARCEL NUMBER: 12328-33-60000 SITE ADDRESS: Belfair Water District property behind 23910 NE State Route 3,Belfair Dear Mr. Tipton: To address the reported concern for erosion and sedimentation into area streams,the letter of September 28, 2010 from Mason County Department of Community Development served as a notice that no further ground-disturbing work shall take place on this parcel 12328-33- 60000 until a course of actions mentioned below are underway or are agreed upon by the Belfair Water District and Mason County Department of Community Development. That letter emphasized that the first issue that you must address is the control of runoff and sedimentation from surface disturbances that have taken place in August and September (and through December)2010. Silt fencing will not work in slopes areas with loose soil materials. Straw and fiber matting work more reliably to slow runoff and hold sediments in place. Considerable lengths of road surface are subject to erosion and are contributing to sediment delivery to the nearby streams. This type of activity impact needs to be corrected promptly. A qualified biologist or stormwater and erosion control consulting firm can provide to Belfair Water District the expertise and work solutions to address these problems. A prepared erosion and sediment control plans and the necessary fees ($255 review)was to be submitted to Mason County by October 12, 2010, due to the need for immediate control measures to be implemented. This plan/plans was not submitted with your November 9, 2010 response letter, and still has not been received. In discussions with Washington Department of Ecology personnel, this report and plans have not been submitted or reviewed by their stormwater and water quality staff. If this plan was available at the time of your letter in November,please provide to the Department of Community Development this document that was prepared by a consulting enterprise with stormwater and erosion control expertise and presenting appropriate solutions to address these problems. Please provide these report and plans to Mason County by February 15, 2011. These prepared erosion and sediment control plans are still expected by Washington Department of Ecology in response to their water quality concerns. r Please note that the September 28, 2011 letter from the Department of Community Development requested that, due to the grading activities on steep slopes, a Mason Environmental Permit application and site plan, associated geotechnical report, and review fees be submitted to Mason County to evaluate the grading, filling, excavation, and relocation of soil materials on the access roads and areas adjacent to the existing storage tanks and work area known to have occurred already. Please submit this information materials, previously requested by October 22, 2010,to Mason County by March 2, 2011. Your request for information on monitoring wells on or near your property are best addressed by Mason County Department of Utilities and Waste Management, the department that has coordinated the under-construction community sewer system with other utility service in the Belfair Urban Growth Area. You may contact Mr. Tom Moore, Deputy Department Director, by phone at(360) 427-9670 or 275-4467 ext. 652. Mason County receives concerns and complaints about activities occurring with the county. Mason County departments respond to these concerns, and act to resolve each concern. Under the Public Records Law RCW 42.56, Mason County does not disclose information regarding the complainant. Thus, by state law,the request for the report or source of the concern cannot be provided. If you have questions regarding the compliance requirements, please contact me at(360) 427-9670 ext 365, or by mail at P.O. Box 279, Shelton WA 98584. Thank you for anticipated cooperation. Sincerely, Allan forden Senior Planner 123294100070 \ 123294100010 128M2900 94190024 1230 1232832900 i 3283290050 123294190240 12 123294100080+ �,= NA 1232941000900' 123294190230 ' f,,, `, �F ►' 7' ,` r,q saw � 123290060010 r " • 4�, 1 '3294100081 1 232941 901 90 � ' ,�• , ' - 1a: 1� 123294100170 . r1' t ° g, * t 123294100000 �, f _ n 123283290080 F, - e r,+ rlip < 123283100010 1232941 v. 12328329W •1 232941 001 50 �f�s,1M � � �..''" Z��V ��{f' � ^e � �•, '�' 1213.",4410010 jt fi• r 1?3 941001 30_' :.�.�� •. .+iri .:,aW'Y �, t. p-`k 4 .s sc i e' _"�• t. t 'v �i rfrAA le X' 4 is •.' t! ti, q�y.r ri )Y'Iip 1 3:_ 3360000 1 3�34400000 _ �x ry • r "�- 'C"' ��iiP• '�' ..�'t7'.'e* �"1, fi �A��., '..i � .y ,T '�,j `.123280060000 , ti 123283400000 ` 123283360000 try i v1 s �ha?y L� + i►IC I r r pot L-"DT. irw���� �r 123325290020 ' � _ y { {* r+7 ►a � t:�+ ,+,.. 1��r'r f ,.1�t+. f e� 123325200008 f +!' YF �T A 123328888886 ' ;"� �,r ��.r`! wR:� , , f* p '{,�� ;1 3 3 0/0. 333'000010 331 Oh0000�L� .s�•�:�"'�,� J f�r! : ., 123325200006 123325200007 sr ' rr' "rj d ' �`, , r 123325400005 ►' .''„ 1' I 123 3�1 000c+oO �t'� .f �' yt �'� "`¢t,.x-Tf Ty��• {r`r�,�i ��t; � `��+1k��' t",f•�'��e,wf�' .� �.5` .A�`C 123325400003 {{;' � fYs•'.�v'�',',.. ter'-..fi.?. X"� .a'"�,. �" . �"r�. Jr �'!�i 123325200005%'�.��� '�, �, .rp.r ,;,t; . ,�:� �•'" rl.- v:�" 123325400001 123325200100 f"G�^ '€tern a t �.;:� ; '"i>f, s`j .H .,.. 33 3?100060, 123325300005 123325200004 123325200009 �+°" N 1 inch = 300 feet W E 1 inch = 0.06 miles > S �I MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT P.O. Box 279 Shelton,WA 98584 I Mr. David Tipton Belfair Water District P.O. Box 563 Belfair WA 98528-0563 Nlason Uounty investigation tceport corm Case Number ��—�OX Parcel Number: 3ZP - 33 - b000 C) Person receiving the complaint: M Ste Date: I Al A0 Violation Site Address: jkb AdAft,& Property Owner(s): Bel ks v- 1d), c,, th b 1 C T Phone#: Mailing Address: � (} Q A Q 3 ���) fc•% i _ W Ci VSZ k - Q S 6 3 Tenant/Contractor/Operator on site: Complaint Received by: Phone_ Email_ Web Site In Person Directions to Site: 'Zo be 01 i Description of Concern: Department of Concern: Building Planning Fire Pubic works Environmental Health: Solid Onsite Wells Food Other investigation Date and Findings: Road widening w/o grading permit,logging permit (if needed),MEP for work on steep slopes,depositing lose - dirt in stream buffer(Belfair Creek).Also a problem with erosion running off site. - Under the provisions of the Public Disclosure Law, RCW 42.56.240, the complainant may indicate a desire for disclosure or non-disclosure of their identity. If non-disclosure is chosen, the bottom portion of this form will not be released to the public unless this case is filed in court. Iffiled,'your name will be disclosed ifyou are a witness in-the case. Mason County investigates possible violations on a complaint basis only. Therefore, the name of the person filing the:complaint should be provided. Please Check One Of The Following Lines: ❑ Please do not disclose my identity. i understand that disclosure may be required by court order or if this matter goes to court. ❑ You may disclose my identity. Name(please print): Phone: Address: Street City State Zip x. Signature of Complainant: Date: bsoK Co 1Y MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Shelton(360)427-9670 Mason County Bldg.I Belfair(360)275-4467 411 N 5th Street Elma(360)482-5269 - PO Box 279 HOME PAGE—www.co.mason.wa.us Shelton,WA 98584 September 28,2010 Mr. David Tipton Belfair Water District P.O.Box 563 Belfair WA 98528-0563 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER: ENF2010-00086 PARCEL NUMBER: 12328-33-60000 SITE ADDRESS: Belfair Water District property behind 23910 NE State Route 3,Belfair Dear Mr.Tipton: Mason County has received a complaint to a potential violation of the Mason County Resource Ordinance Chapters,Landslide Hazard Areas 17.01.100 and Fish&Wildlife Habitat Conservation Areas 17.01.110. The site was identified as containing violations of these sections of the Mason County Resource Ordinance, including the cutting down trees on slopes,or within the buffer,that exceeds 15 percent and providing no erosion control;and allowing runoff to deposit sediments in nearby streams. This letter serves as a notice that no further around-disturbing work shall take place on this parcel until a course of actions mentioned below are underway or are agreed upon by the Belfair Water District and Mason County Department of Community Development. The first issue that you must address is the control of runoff and sedimentation from surface disturbances that have taken place in August and September 2010. Silt fencing will not work in slopes areas with loose soil materials. Straw and fiber matting work more reliably to slow runoff and hold sediments in place. Considerable lengths of road surface are subject to erosion and are contributing to sediment delivery to the nearby streams. This type of activity impact needs to be corrected. A qualified biologist or stormwater&erosion control consulting enterprise can provide the expertise and problem solutions to address these problems. I anticipate receiving the erosion and sediment control plans and the necessary fees($255 review)by October. 12,2010,due to the need for immediate control measures to be implemented. ' The second issue to address is that a Mason Environmental Permit(MEP)is required to be submitted prior to any further land clearing activities or grading on slopes exceeding 15 percent. When the slopes are greater than 40 percent in steepness,a geotechnical report is required with the MEP submittal. A qualified person,as defined in the Mason County Resource Ordinance,must prepare the geotechnical report and provide the study to the landowner, who then submits the document to Mason County for review. An application for the MEP can be found at our Home Page address,and copies of the applicable code provisions from the Mason County Resource Ordinance have been included. You will now need to submit the following: • Mason Environmental Permit with after-the-fact fees$630.00 x 3 =$1890.00.(Triple cost waived if deadline met) • Geotechnical Report Review-$255.00 • Planning violation fee-$255.00 HAWORD\Enforcement Ietters\Belfair Water District steep slopes clearing.doc I anticipate receiving the Mason Environmental Permit and site plans, necessary fees,and Geotechnical Report by October 22,2010. In regard to harvesting timber(aside from evaluation in geotechnical report),you must apply for a forest practices permit with Mason County when two acres of area are harvested or two truckloads of merchantable trees are harvested and sold. Regarding the requirements and the process for timber harvest,please confer with Mr.Michael MacSems, Senior Planner in this Department(phone extension 571). If you have questions regarding the compliance requirements,please contact me at(360)427-9670 ext 365,or by mail at P.O. Box 279, Shelton WA 98584. Thank you for anticipated cooperation. Sincer y, /an Borden r Planner HAWORMEnforcement letters\Beffair Water District steep slopes clearing.doc I I UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Mom Count►Comm*as Nop III* R0.boaZ'J9 �IIIINOA.IIW1 99M �R� COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No Mr. David Tipton Belfair Water District P.O. Box 563 3. Serv' e Type Belfair ` -0563 Certified Mail ❑ Express Mail V ❑ Registered ❑ Return Receipt for Merchandise L Z� ❑Insured Mail ❑ C.O.D. ° a °& 'j�a 4. Restricted Delivery?(Extra Fee) ❑Yes ° o ; d 4 o s o m 75 0390 0004 9504 648 0,a.d n- -n. omestic Return Receipt 102595-02-M-1540 U.S. Postal Service,. _ CERTIFIED MAIL,,, RECEIPT • (Domestic Mail Only,No Insurance Coverage Provided; For delivery information visit our website at www.usps.com: EMU - M-W.' ' . PS Form 3800.June 2002 See Reverse for Instructions Certified Mail Provides: (es-aLf)zooz eunr'oo9c wiod Sd ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. STA7•p O� 4 pPi y a � d — x 0 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300 RECEIVED February 2, 2011 FEB 0 4 20 , MASON CO. PLANNING DEPT. CERTIFIED MAIL 7010 0780 0002 3400 2028 Mr. Dave Tipton, Manager Mr. John Philips, Chairman of the Board Belfair Water District#1 Belfair Water District#1 P.O. Box 563 P.O. Box 563 Belfair, WA 98528-9476 Belfair, WA 98528-9476 Mr. Alan Borden Department of Community Development Mason County 411 N. 5th Street Shelton, WA 98584 Re: WARNING LETTER: Ongoing Violations of State Water Quality Standards and the Potential to pollute Waters of the State. Dear Mr. Tipton, Mr. Philips, and Mr. Borden: During a site inspection on September 23, 2010, Charles Toal and I observed that the access road to the water towers is eroding, delivering sediment to Belfair Creek. Additionally,the dam near the water towers has developed cracks and presents the potential to pollute if it collapses by discharging sediments that may be stored behind the dam and/or erosion caused by the sudden release of water stored behind the dam. Belfair Creek is considered waters of the state and sediment discharge or potential discharge of sediments is a violation of the Water Pollution Control Act, Chapter 90.48 RCW. On September 30, 2010, Charles Toal spoke on site with Dave Tipton, Manager of Belfair Water District#1. During their conversation they discussed the water quality concerns associated with the road and the dam. Since that time some repairs to the road were installed, including water bars with wattles and a double silt fence to redirect the water to the forest floor. Road repairs to date have proven inadequate, and sediment continues to be delivered to Belfair Creek. The Belfair Water District and the Belfair Water District Board of Directors and Mason County Planning must prevent further discharges of turbid waters to waters of the state. M n i«1 Mr. Dave Tipton Mr. John Philips Mr. Alan Borden Page 2 The Department of Ecology(Ecology)recommends hiring a professional engineer licensed in the state of Washington to design and construct a road or road repairs that effectively stop the delivery of sediment to Belfair Creek. Ecology also recommends that the dam be either repaired or removed to address the concerns about the leaking dam on site. Ecology also recommends implementing temporary measures to stop erosion within three weeks of receipt of this letter. A long term plan should also be developed to make permanent changes to the road to prevent erosion or discharge of sediment to waters of the state in the future. You will have to coordinate with Washington State Department of Fish and Wildlife concerning actions to repair or remove the dam. This work will have to be completed by September 2011. Failure to comply with the water quality laws and regulations can result in enforcement actions that can include penalties of up to $10,000 a day per violation. We prefer to use a process of voluntary compliance. However, Ecology does have the responsibility for implementing the Water Pollution Control Act. Therefore, we reserve the right to take appropriate enforcement action if necessary. If you have any questions or concerns,please contact me at 360-407-6554 or by email at brba46l @ecy.wa. og_v. Thank you for your cooperation in this matter. Sincerely, Bruce Barbour Non-point Compliance Specialist Southwest Regional Office Water Quality Program cc: Gloria Rogers, Washington State Department of Fish and Wildlife Charles Toal, Washington State Department of Ecology °��� MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Shelton(360)427-9670 Mason County Bldg.I Belfair(360)275-4467 % 411 N 5th Street Elma(360)482-5269 PO Box 279 HOME PAGE—www.co.masonma.us ISsa Shelton,WA 98584 September 28,2010 Mr. David Tipton Belfair Water District P.O. Box 563 Belfair WA 98528-0563 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER: ENF2010-00086 PARCEL NUMBER: 12328-33-60000 SITE ADDRESS: Belfair Water District property behind 23910 NE State Route 3, Belfair Dear Mr. Tipton: Mason County has received a complaint to a potential violation of the Mason County Resource Ordinance Chapters, Landslide Hazard Areas 17.01.100 and Fish& Wildlife Habitat Conservation Areas 17.01.110. The site was identified as containing violations of these sections of the Mason County Resource Ordinance, including the cutting down trees on slopes, or within the buffer,that exceeds 15 percent and providing no erosion control; and allowing runoff to deposit sediments in nearby streams. This letter serves as a notice that no further Lrround-disturbine work shall take place on this parcel until a course of actions mentioned below are underway or are agreed upon by the Belfair Water District and Mason County Department of Community Development. The first issue that you must address is the control of runoff and sedimentation from surface disturbances that have taken place in August and September 2010. Silt fencing will not work in slopes areas with loose soil materials. Straw and fiber matting work more reliably to slow runoff and hold sediments in place. Considerable lengths of road surface are subject to erosion and are contributing to sediment delivery to the nearby streams. This type of activity impact needs to be corrected. A qualified biologist or stormwater&erosion control consulting enterprise can provide the expertise and problem solutions to address these problems. I anticipate receiving the erosion and sediment control plans and the necessary fees($255 review) by October 12,2010,due to the need for immediate control measures to be implemented. The second issue to address is that a Mason Environmental Permit(MEP) is required to be submitted prior to any further land clearing activities or grading on slopes exceeding 15 percent. When the slopes are greater than 40 percent in steepness, a geotechnical report is required with the MEP submittal. A qualified person, as defined in the Mason County Resource Ordinance,must prepare the geotechnical report and provide the study to the landowner, who then submits the document to Mason County for review. An application for the MEP can be found at our Home Page address,and copies of the applicable code provisions from the Mason County Resource Ordinance have been included. You will now need to submit the following: • Mason Environmental Permit with after-the-fact fees $630.00 x 3 =$1890.00. (Triple cost waived if deadline met) • Geotechnical Report Review- $255.00 • Planning violation fee- $255.00 K\WORD\Enforcement letters\Belfair Water District steep slopes clearing.doc I anticipate receiving the Mason Environmental Permit and site plans, necessary fees, and Geotechnical Report by October 22,2010. In regard to harvesting timber aside from evaluation in eotechnical report), ou must apply for a forest practices r t ( sy rr y permit with Mason County when two acres of area are harvested or two truckloads of merchantable trees are harvested and sold. Regarding the requirements and the process for timber harvest,please confer with Mr.Michael MacSems, Senior Planner in this Department(phone extension 571). If you have questions regarding the compliance requirements,please contact me at(360)427-9670 ext 365,or by mail at P.O.Box 279, Shelton WA 98584. Thank you for anticipated cooperation. Sincerely, Allan Borden Senior Planner HAWORMEnforcement Ietters\Belfair Water District steep slopes clearing.doc P�0N CO MASON COUNTY �, Tp Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 184 January 24, 2011 Mr. David Tipton Belfair Water District P.O. Box 563 Belfair WA 98528-0563 ENFORCEMENT CASE FILE NUMBER: ENF2010-00086 PARCEL NUMBER: 12328-33-60000 SITE ADDRESS: Belfair Water District property behind 23910 NE State Route 3,Belfair Dear Mr. Tipton: To address the reported concern for erosion and sedimentation into area streams,the letter of September 28, 2010 from Mason County Department of Community Development served as a notice that no further around-disturbing work shall take place on this parcel 12328-33- 60000 until a course of actions mentioned below are underway or are agreed upon by the Belfair Water District and Mason County Department of Community Development. That letter emphasized that the first issue that you must address is the control of runoff and sedimentation from surface disturbances that have taken place in August and September (and through December)2010. Silt fencing will not work in slopes areas with loose soil materials. Straw and fiber matting work more reliably to slow runoff and hold sediments in place. Considerable lengths of road surface are subject to erosion and are contributing to sediment delivery to the nearby streams. This type of activity impact needs to be corrected promptly. A qualified biologist or stormwater and erosion control consulting firm can provide to Belfair Water District the expertise and work solutions to address these problems. A prepared erosion and sediment control plans and the necessary fees ($255 review)was to be submitted to Mason County by October 12, 2010, due to the need for immediate control This plan/plans was not submitted with our November 9, measures to be implemented. measp p Y 2010 response letter, and still has not been received. In discussions with Washington Department of Ecology personnel, this report and plans have not been submitted or reviewed by their stormwater and water quality staff. If this plan was available at the time of your letter in November,please provide to the Department of Community Development this document that was prepared by a consulting enterprise with stormwater and erosion control expertise and presenting appropriate solutions to address these problems. Please provide these report and plans to Mason County by February 15, 2011. These prepared erosion and sediment control plans are still expected by Washington Department of Ecology in response to their water quality concerns. Please note that the September 28, 2011 letter from the Department of Community Development requested that, due to the grading activities on steep slopes, a Mason Environmental Permit application and site plan, associated geotechnical report, and review fees be submitted to Mason County to evaluate the grading, filling, excavation, and relocation of soil materials on the access roads and areas adjacent to the existing storage tanks and work area known to have occurred already. Please submit this information materials, previously requested by October 22,2010,to Mason County by March 2, 2011. Your request for information on monitoring wells on or near your property are best addressed by Mason County Department of Utilities and Waste Management, the department that has coordinated the under-construction community sewer system with other utility service in the Belfair Urban Growth Area. You may contact Mr. Tom Moore, Deputy Department Director, by phone at(360) 427-9670 or 275-4467 ext. 652. Mason County receives concerns and complaints about activities occurring with the county. Mason County departments respond to these concerns, and act to resolve each concern. Under the Public Records Law RCW 42.56, Mason County does not disclose information regarding the complainant. Thus,by state law,the request for the report or source of the concern cannot be provided. If you have questions regarding the compliance requirements, please contact me at(360) 427-9670 ext 365, or by mail at P.O. Box 279, Shelton WA 98584. Thank you for anticipated cooperation. Sincerely, Allan Borden Senior Planner January 24, 2011 RECEIPT OF LETTER I acknowledge that I have received the letter of January 24, 2011 hand-delivered by Mason County Department of Community Development to Belfair Water District and Mr. David Tipton on this date. i Name of Belfair Water DistrA Personnel Date Z?Ai, Name of Mason County Personnel Date V� V O 0�'