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Home My WebLink AboutAppeal to the Hearing Examiner - GRD Letters / Memos - 3/20/2007 LAWYERS IM Davis Wright Tremaine LLP ANCHORAGE BELLEVUE LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, D.C. 2600 CENTURY SQUARE TEL (206) 622-3150 STEPHEN M. JAMES 1501 FOURTH AVENUE FAX (206) 628-7699 DIRECT (206)628-7742 SEATTLE, WA 98101-1688 www.dwt.com stephenjames@dwt.com March 20, 2007 VIA HAND DELIVERY MqR �? M,qs Rebecca S. Rogers, Clerk CdM,�� V/Jv Mason County Board of County Commissioners NFRV 411 North Fifth Street Shelton, WA 98584 Re: Pacific Northwest Salmon Center/Property Located at 22751 NE State Road 3, Belfair Washington (the "Property") / Notification of Violation and Warning Notice — Case No. ENF2006-00137 / Appeal to the Hearing Examiner Dear Ms. Rogers: On behalf of Pacific Northwest Salmon Center (the Property Owner) and Jack Johnson Construction, Inc. (the Lessee), and pursuant to the authority in Sections 15.11.020 of the Mason County Municipal Code and/or 17.01.180 of the Mason County Resource Ordinance, please accept this letter and accompanying exhibits as a formal appeal of the Warning Notice issued by Mason County's Department of Community Development dated March 8, 2007. It is our contention that this Notice was issued in error, and we are respectfully seeking a rescission of the Notice and pending enforcement actions with regard to the above referenced Property. The Hearing Examiner has jurisdiction in this matter pursuant to Sections 15.03.050 and 15.13.035 of the Mason County Code. This appeal is being timely filed in accordance with Section 15.11.020 of the Mason County Municipal Code, within fourteen days after the date of the decision being appealed. As further required under that Section, the following provides concise statements identifying the specifics of this appeal: I. The Decision Being Appealed The decision being appealed is the Notification of Violation and Warning Notice, issued by the Mason County Department of Community Development to Pacific Northwest Salmon Clerk of the Board Mason County Board of County Commissioners W March 20, 2007 Page 2 Center, which is dated March 8, 2007. See Exhibit "A." The Notice alleges dumping and filling of gravel within the buffer of Sweetwater Creek, as well as clearing and vegetation removal that occurred along the banks of that stream, without the necessary permits. The Notice also provides that the Appellants must obtain an after-the-fact Mason Environmental Permit, pay a triple-fee penalty, and prepare a Habitat Management Plan and Restoration Plan. II. Name and Address of Appellants and Their Interest in the Matter Property Owner: Pacific Northwest Salmon Center, Inc. P.O. Box 3238 22881 State Road 3 Belfair, WA 98528 Tel: (360)275-3575 Fax: (360) 275-0648 Lessee: Jack Johnson Construction, Inc. P.O. Box 1119 Belfair, WA 98528 Tel: (360) 275-5400 Fax: (360) 275-6400 III. Specific Reasons Whythe Appellants Believe the Decision is Wrong The subject Property has been developed and improved for over fifteen (15) years. The Property was the former home of a commercial feed store and rental yard, which conducted business uses including propane sales, a goat pen and a graveled parking lot, down to the edge of Sweetwater Creek. To the extent that these uses were located within the buffer area, the uses were legally established and constitute legal non-conforming uses. The Mason County Resource Ordinance (Ord. 77-93) provides that "[a] legally established nonconforming lot, use or structure shall be deemed a legal nonconforming lot, use or structure and may be continued, transferred or conveyed and/or used as if conforming." See MASON COUNTY, WA., RESOURCE ORDINANCE (MCC) § 17.01.140(B)(2006). Further, the gravel that was placed in this area was simply routine maintenance and repair of the already improved lot. The Resource Ordinance specifically allows routine maintenance and repair as follows: SEA 1966078v 1 0069629-000002 Seattle Clerk of the Board Mason County Board of County Commissioners March 20, 2007 K Page 3 Normal maintenance and incidental repair of legal nonconforming structures shall be permitted, provided that it complies with all sections of this Chapter and other pertinent chapters of the Mason County Code. Id., at § 17.01.140(D). The maintenance of the graveled area is also consistent with other provisions in the Resource Ordinance and Mason County Code. For example, the placement of gravel comports with specific activities that are allowed to be conducted without the requirement of a Mason Environmental Permit, including: • The reconstruction of structures destroyed by fire or other means in Fish and Wildlife Habitat Conservation Areas; provided that the reconstruction occurs within the previous structural footprint (even allowing for a 10% expansion) and completed within two years of destruction. MCC § 17.01.110 (17)(1)(b) (emphasis added). • Any general exemptions authorized in Section 17.01.130 • The normal maintenance, repair or operation of serviceable structures, facilities or improved areas within wetland buffers. MCC § 17.01.070(D)(2)(h). • Minor modification of existing serviceable structures within a buffer zone where the modification does not adversely affect wetland functions. Id. • Repair or reconstruction of damaged or destroyed structures within two years of the damage or destruction. Id. In addition, the placement of gravel as routine maintenance of an previously existing use is also consistent with General Exemptions in the Resources Ordinance, including: • The normal and routine maintenance and operation of existing irrigation and drainage actions; MCC § 17.01.130 • The maintenance, operation, reconstruction of or addition to existing roads, streets and driveways. Id. • The normal and routine maintenance or repair of existing utility structures. Id. SEA 1966078v 1 0069629-000002 Seattle Clerk of the Board Mason County Board of County Commissioners March 20, 2007 M Page 4 It is significant to note that Mason County staff had previously reviewed the replenishment of the pre-existing gravel on the subject Property, and advised that this maintenance work would not require permitting. It is quite likely that this interpretation was based upon staff familiarity with the subject Property and the existing uses, as well as the Code authority referenced above. A Declaration to this effect may be obtained and presented during this appeal process. It is also significant that Pacific Northwest Salmon Center is presently working toward the commendable goal of habitat enrichment on Sweetwater Creek, and has received project approval from the Washington Department Fish and Wildlife and the United States Army Corps of Engineers. See Exhibit `B." Mason County staff is fully aware of this project and has publicly expressed its support. This project is designed to increase fish spawning and population by improving the flow pattern of Sweetwater Creek, the installation of banking material, and by the placement of vegetation and woody debris along those banks. This project will actually result in the relocation of the creek approximately ten feet away from the subject Property, and the replenishment of gravel will effectively serve to keep sediment levels down in the creek. Clearly, the repair and maintenance of existing graveled areas on the Property is fully consistent with these specific habitat enrichment measures and environmental conservation generally. Moreover, the Appellants have already prepared and submitted a Restoration and Planting Plan for the realignment and vegetation of Sweetwater Creek, which details the proposed enhancements and improvements. See Exhibit "C." As a result, the requirement of a new Habitat Management Plan and Restoration Plan in this matter is simply without justification and superfluous. With regard to the allegations of clearing and vegetation removal, these claims are patently false. There has been no "clearing" whatsoever on the Property, and the only "vegetation"that was removed involved species of Japanese knotweed, or polyanum cuspidatum, which are noxious weeds as listed by the Washington State Noxious Weed Control Board pursuant to Chapter 17.10 RCW. These weeds are non-native species that are designated for control in regions where they are not yet widespread. Preventing infestations in these areas is considered a high priority in Mason County. See e.g., Mason County Noxious Weed List (http://mason.wsu.edu/Weeds/weedlist.html); Exhibit"D." Furthermore, according to the Mason County Resource Ordinance, the removal from buffer areas of noxious weeds designated in Chapter 17.10 RCW are among the activities which do not require a Mason Environmental Permit. See MCC § 17.01.110 (F)(6). SEA 1966078v 1 0069629-000002 Seattle Clerk of the Board Mason County Board of County Commissioners f March 20, 2007 Page 5 IV. The Desired Outcome or Changes to the Decision Based upon the above, the Appellants seek a rescission of the Notification of Violation and Warning Notice. The Notice provides that the Appellants must obtain an after-the-fact Mason Environmental Permit, pay a triple-fee penalty, and prepare a Habitat Management Plan and Restoration Plan. Because the gravel replenishment was limited to the repair and maintenance of a previously existing and long-established use, a permit is not required and a penalty is inappropriate. Moreover, the gravel does not adversely affect habitat or resources in any measurable way. In fact, it serves as a benefit by preventing the deposit of soil and sediment into the waters of Sweetwater Creek. When considering these facts along with the expansive habitat enrichment project undertaken by the Appellant, it is clear that the requirement of a Habitat Management Plan and Restoration Plan is unjustified and inappropriate. Consequently, we respectfully request a rescission of these Notice requirements. V. Appeal Fee A check in the amount of$490.00 is enclosed herewith to cover the cost of the appeal fee as determined by Mason County pursuant to MCC § 1.10.020. Thank you for your considerate attention to this request for appeal. By all means, should you have any questions or require additional information, please feel free to call me directly at (206) 628-7742. Sincerely, DAVIS WRIGHT TREMAINE,LLP heJ. J Enclosures cc: Mr. Jack Johnson Paul Hirsch, Esq. Ms. Tori Dulemba Dennis Reynolds, Esq. Ms. Stephanie Pawlawski SEA 1966078v10069629-000002 Seattle LAWYERS ♦ 4`r Davis Wright Tremaine LLP ANCHORAGE BELLEVUE LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, D.C. STEPHEN M. JAMES 2600 CENTURY SQUARE TEL (206) 622-3150 1501 FOURTH AVENUE FAX (206) 628-7699 DIRECT (20s@dwt.com SEATTLE, WA 98101-1688 www.dwt.com stephenjamesQdwt.com 1 � � May 29, 2007 MAY 3 0 2007 VIA FEDERAL EXPRESS CO. PANING DEPT. Stephanie Pawlawski Code Enforcement Officer Mason County Department of Community Development 411 North Fifth Street Shelton, WA 98584 Re: Pacific Northwest Salmon Center / Jack Johnson Construction, Inc. Property Located at 22751 NE State Road 3, Belfair Washington Notification of Violation and Warning Notice — Case No. ENF2006- 00137 Dear Ms. Pawlawski: Thank you for taking the time to meet with Mr. Johnson and me last Friday afternoon. We certainly appreciate your kind consideration of the additional information that we obtained in support of our position that the graveled areas had been in use for several years, and that Mr. Johnson was simply performing routine maintenance and repair of these areas in conformance with the Code. Pursuant to your request, I have enclosed copies of those documents including historic photographs and an affidavit from Ms. Suzanne Jones, who stated that the graveled areas are within the same areas she graveled while operating Animal Outfitters and Sweetwater Creek Floral on the property from 2000-2003. You indicated that this documentation, along with the restoration and enhancement plans submitted by Pacific Northwest Salmon Center, were sufficient evidence of Code compliance, and that you intend to issue a formal rescission of the Notice of Violation. You also advised that you would include a Mason County reimbursement form along with your rescission letter, which would allow Mr. Johnson to recover the administrative appeal fees. Needless to say, we are very pleased to have reached a resolution without having to go through a formal administrative appeal process. SEA 2031598v 1 0069629-000004 Seattle Ms. Stephanie Pawlawski Mason County Department of Community Development Page 2 We look forward to hearing from you. By all means, should you have any questions or require additional information,please feel free to call me directly at(206) 628-7742. Sincerely, DAVIS WRIGHT TREMAINE LLP S ph e . J es Enclosures cc: Mr. Jack Johnson Dennis Reynolds, Esq. SEA 2031598v1 0069629-000004 Seattle i ..� ... ' � �.. � �` � •wax ♦�yf� • �wr 446 d ale • 1 ti 1 Y i ! 30 . •a ti•. a►F' iy. ` .;- ate-. • - �.aIF .;�iF �'� '. ut� . 'w `n. AC + 40 Ak .Y 'raw j .r' ! +IGO 'idA 4 RF ;y , a T r • r s M{ 1 ��, i ��},P�I li • ��} �. � j �', �. ✓ _rert: �9 { ;p•.�l r:R s� �'• J� All r ij ` r t' Ifj.t +}� f1 jn� < � �'X i _ i Jc' -11 w' Y y.4..�►x 1 - } 'Ya, �.�� t ..� 1�- - �. � '' `[ ''�, �.'' �. f �r �,`F,l �-�� '. J �~.� �1�1"a'✓r ' ' +a�t�-�r� _ .t. i � 14� .�J ,f.*j f •`M: p 1 9f `1. �.� �*� ��'t r_ �:s''.ar� `��~ {; 'ia.*. �,.'7. ��r yl, s Sl e �'�' 'r' � .'�'��4�fC.�,,►t .�"��L•• °h y A�1".�, ✓�vy1 •i��iAr-"+:r♦"' � ;t�{:bc�• i� �d /dy F� ti - � '� .,� :. -� '�1�4 r•�n. 3-^`�r ` .< r r„� ,.. � � "f"r, q' v.'A yr✓e,�._ ..rc ad?1�.�.'S�~ '3`a -tom< �. s41'��• !'-'T ' z 115, jy n � ii. ...a -�� "{..:�!+`.�. t �. fly♦ i' . ;!\. '�.y� t -rhi �,.^• wy`4 Y' �,. ss�7�l�.` ',... .i:r �,r„�` .c 'fit, �"e'a�.�,p".�4 ''^.cr/ r. i,>• � f�+y.JeR�i, e,t 4':�:+a�«�w R ... ,• ` w•'`,�' _ -,/ �` �Y J 'r1• •r �.A: ^�",' �'L ` j�� tLf r� ,+f '�A� •r �. - '� n .. .. ♦ � ':iP�`-c' _ �o" = ,Y' sj .rY T/,' 1.ft r 4. +•, `� '�t ..��1 ''.,,i i;•A` �'t � -'., M _ 41 g �ti y . t+ FriI r i> a = ��,�i� < 1!•Fe `�e it:'fi NC AX 'L. � ter- •M�, •f, `� �f^'�Jt \.- i. .,r C7R�,"T- + � ��' .� Alp fir `. . ^� "'!. •"�� "_r' ?•�' �'i �'•1tll�llt:r J t i. ..`.- 4+J� 71 � Y�r t 1411 J : 00 0 ;•i 1 '' x 67 04 •41r• Abb --Fi 1�♦ _ _ _ _ T Al � t Pb 7I, Y •~ r ... _ 414 lb qFF w Nit fz12 • _C ' F ' r`c+�' - r ��'��-.i,�1,v � ,• -'•3, Syr •,-.,�yri� ,�, .. 3/25/07 To Whom It May Concern, My name is Suzanne Jones and I am the owner/operator of Animal Outfitters and Sweetwater Creek Floral. I went to the property listed as 22751 Hwy 3 in Belfair WA. This building was the home of said business during the period of time from 2000-2003. I have reviewed the areas of the said property that has been recently graveled and graded and find that these areas to be within the areas that we had graded and graveled while operating Animal outfitters and Sweetwater Creek. Any questions please contact me at any time. Regards,? J Jones P.O.Box 2681 Belfair, WA. 98528 360-275-9171 (fax) Sclanoux@hotmail.com i LAWYERS Davis Wright Tremaine LLP ANCHORAGE BELLEVUE LOS ANGELES NEW YORK PORTLAND SAN FRANCISCO SEATTLE SHANGHAI WASHINGTON, D.C. STEPHEN M. JAMES 2600 CENTURY SQUARE TEL (206) 622-3150 DIRECT (206)628-7742 1501 FOURTH AVENUE FAX (206) 628-7699 stephenjamesQdwt.coin SEATTLE, WA 98101-1688 www.dwt.com March 20, 2007 p VIA HAND DELIVERY MqR �d ; 2001 D Rebecca S. Rogers, Clerk CpMJ�J OUN�• Mason County Board of County Commissioners /C/11RS 411 North Fifth Street Shelton, WA 98584 Re: Pacific Northwest Salmon Center/Property Located at 22751 NE State Road 3, Belfair Washington (the "Property") /Notification of Violation and Warning Notice — Case No. ENF2006-00137 / Appeal to the Hearing Examiner Dear Ms. Rogers: On behalf of Pacific Northwest Salmon Center (the Property Owner) and Jack Johnson Construction, Inc. (the Lessee), and pursuant to the authority in Sections 15.11.020 of the Mason County Municipal Code and/or 17.01.180 of the Mason County Resource Ordinance, please accept this letter and accompanying exhibits as a formal appeal of the Warning Notice issued by Mason County's Department of Community Development dated March 8, 2007. It is our contention that this Notice was issued in error, and we are respectfully seeking a rescission of the Notice and pending enforcement actions with regard to the above referenced Property. The Hearing Examiner has jurisdiction in this matter pursuant to Sections 15.03.050 and 15.13.035 of the Mason County Code. This appeal is being timely filed in accordance with Section 15.11.020 of the Mason County Municipal Code, within fourteen days after the date of the decision being appealed. As further required under that Section, the following provides concise statements identifying the specifics of this appeal: I. The Decision Being Appealed The decision being appealed is the Notification of Violation and Warning Notice, issued by the Mason County Department of Community Development to Pacific Northwest Salmon Clerk of the Board Mason County Board of County Commissioners March 20,2007 Page 2 Center,which is dated March 8, 2007. See Exhibit "A." The Notice alleges dumping and filling of ravel within the buffer of Sweetwater Creek, as well as clearing and vegetation removal that g g g occurred along the banks of that stream,without the necessary permits. The Notice also provides that the Appellants must obtain an after-the-fact Mason Environmental Permit, pay a triple-fee penalty, and prepare a Habitat Management Plan and Restoration Plan. II. Name and Address of Appellants and Their Interest in the Matter Property Owner: Pacific Northwest Salmon Center,Inc. P.O. Box 3238 22881 State Road 3 Belfair, WA 98528 Tel: (360)275-3575 Fax: (360)275-0648 Lessee: Jack Johnson Construction, Inc. P.O. Box 1119 Belfair, WA 98528 Tel: (360)275-5400 Fax: (360) 275-6400 III. Specific Reasons WhytAppellants Believe the Decision is Wrong The subject Property has been developed and improved for over fifteen (15) years. The Property was the former home of a commercial feed store and rental yard, which conducted business uses including propane sales, a goat pen and a graveled parking lot, down to the edge of Sweetwater Creek. To the extent that these uses were located within the buffer area, the uses were legally established and constitute legal non-conforming uses. The Mason County Resource Ordinance (Ord. 77-93) provides that "[a] legally established nonconforming lot, use or structure shall be deemed a legal nonconforming lot, use or structure and may be continued, transferred or conveyed and/or used as if conforming." See MASON COUNTY, WA., RESOURCE ORDINANCE (MCC) § 17.01.140(B)(2006). Further, the gravel that was placed in this area was simply routine maintenance and repair of the already improved lot. The Resource Ordinance specifically allows routine maintenance and repair as follows: SEA 1966078vl0069629-000002 Seattle Clerk of the Board Mason County Board of County Commissioners March 20, 2007 Page 3 Normal maintenance and incidental repair of legal nonconforming structures shall be permitted, provided that it complies with all sections of this Chapter and other pertinent chapters of the Mason County Code. Id., at § 17.01.140(D). The maintenance of the graveled area is also consistent with other provisions in the Resource Ordinance and Mason County Code. For example, the placement of gravel comports with specific activities that are allowed to be conducted without the requirement of a Mason Environmental Permit, including: • The reconstruction of structures destroyed by fire or other means in Fish and Wildlife Habitat Conservation Areas; provided that the reconstruction occurs within the previous structural footprint (even allowing for a 10% expansion) and completed within two years of destruction. MCC § 17.01.110 (F)(1)(b)(emphasis added). • Any general exemptions authorized in Section 17.01.130 • The normal maintenance, repair or operation of serviceable structures, facilities or improved areas within wetland buffers. MCC § 17.01.070(D)(2)(h). • Minor modification of existing serviceable structures within a buffer zone where the modification does not adversely affect wetland functions. Id. • Repair or reconstruction of damaged or destroyed structures within two years of the damage or destruction. Id. In addition, the placement of gravel as routine maintenance of an previously existing use is also consistent with General Exemptions in the Resources Ordinance, including: • The normal and routine maintenance and operation of existing irrigation and drainage actions; MCC § 17.01.130 • The maintenance, operation, reconstruction of or addition to existing roads, streets and driveways. Id. • The normal and routine maintenance or repair of existing utility structures. Id. SEA 1966078v1 0069629-000002 Seattle Clerk of the Board Mason County Board of County Commissioners March 20, 2007 Page 4 It is significant to note that Mason County staff had previously reviewed the replenishment of the pre-existing gravel on the subject Property, and advised that this maintenance work would not require permitting. It is quite likely that this interpretation was based upon staff familiarity with the subject Property and the existing uses, as well as the Code authority referenced above. A Declaration to this effect may be obtained and presented during this appeal process. It is also significant that Pacific Northwest Salmon Center is presently working toward the commendable goal of habitat enrichment on Sweetwater Creek, and has received project approval from the Washington Department Fish and Wildlife and the United States Army Corps of Engineers. See Exhibit `B." Mason County staff is fully aware of this project and has publicly expressed its support. This project is designed to increase fish spawning and population by improving the flow pattern of Sweetwater Creek, the installation of banking material, and by the placement of vegetation and woody debris along those banks. This project will actually result in the relocation of the creek approximately ten feet away from the subject Property, and the replenishment of gravel will effectively serve to keep sediment levels down- in the creek. Clearly, the repair and maintenance of existing graveled areas on the Property is fully consistent with these specific habitat enrichment measures and environmental conservation generally. Moreover, the Appellants have already prepared and submitted a Restoration and Planting Plan for the realignment and vegetation of Sweetwater Creek, which details the proposed enhancements and improvements. See Exhibit "C." As a result, the requirement of a new Habitat Management Plan and Restoration Plan in this matter is simply without justification and superfluous. With regard to the allegations of clearing and vegetation removal, these claims are patently false. There has been no "clearing" whatsoever on the Property, and the only "vegetation" that was removed involved species of Japanese knotweed, or polyanum cuspidatum, which are noxious weeds as listed by the Washington State Noxious Weed Control Board pursuant to Chapter 17.10 RCW. These weeds are non-native species that are designated for control in regions where they are not yet widespread. Preventing infestations in these areas is considered a high priority in Mason County. See e.g., Mason County Noxious Weed List (http://mason.wsu.edu/Weeds/weedlist.html); Exhibit"D." Furthermore, according to the Mason County Resource Ordinance, the removal from buffer areas of noxious weeds designated in Chapter 17.10 RCW are among the activities which do not require a Mason Environmental Permit. See MCC § 17.01.110(17)(6). SEA 1966078v1 0069629-000002 Seattle Clerk of the Board Mason County Board of County Commissioners March 20, 2007 Page 5 IV. The Desired Outcome or Changes to the Decision Based upon the above, the Appellants seek a rescission of the Notification of Violation and Warning Notice. The Notice provides that the Appellants must obtain an after-the-fact Mason Environmental Permit, pay a triple-fee penalty, and prepare a Habitat Management Plan and Restoration Plan. Because the gravel replenishment was limited to the repair and maintenance of a previously existing and long-established use, a permit is not required and a penalty is inappropriate. Moreover, the gravel does not adversely affect habitat or resources in any measurable way. In fact, it serves as a benefit by preventing the deposit of soil and sediment into the waters of Sweetwater Creek. When considering these facts along with the expansive habitat enrichment project undertaken by the Appellant, it is clear that the requirement of a Habitat Management Plan and Restoration Plan is unjustified and inappropriate. Consequently, we respectfully request a rescission of these Notice requirements. V. Appeal Fee A check in the amount of$490.00 is enclosed herewith to cover the cost of the appeal fee as determined by Mason County pursuant to MCC § 1.10.020. Thank you for your considerate attention to this request for appeal. By all means, should you have any questions or require additional information, please feel free to call me directly at (206) 628-7742. Sincerely, DAVIS WRIGHT TREMAINE, LLP hen . J• me Enclosures cc: Mr. Jack Johnson Paul Hirsch, Esq. Ms. Tori Dulemba Dennis Reynolds,Esq. Ms. Stephanie Pawlawski SEA 1966078v 1 0069629-000002 Seattle �- Mason County Dept. of Community Development + 3 /F/C7 Mason County Bldg. III, 426 W. Cedar, P.O. Box 186, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 i� Web: http://www.co.mason.wa.us Notification of Mason County Code Violation March 08, 2007 PACIFIC NW SALMON CTR PO BOX 3238 BELFAIR WA 98528-3238 The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case No.: ENF2006-00137 Parcel No.: 123325000059 Site Address: 22751 NE STATE ROUTE 3 BELFAIR In October 2006, a request for an investigation was submitted to the Mason County Planning Department regarding the deposit of gravel material up to the edge of Sweetwater Creek in Belfair. The alleged activity was reported to be occurring on the above-noted parcel, owned by the Pacific Northwest Salmon Center. Upon reviewing this site and observing the gravel that was spread to within 5' of Sweetwater Creek, I contacted Tori Dulemba with the Pacific NW Salmon Center. She provided me with an email of pictures that were taken during an appraisal of the site. These pictures did show gravel in place surrounding the immediate perimeter of the building, however they do not provide any evidence that gravel previously existed within several feet of the creek. According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark, posting on site, or delivery of the notice. Records indicate that this enforcement issue has not been resolved and is outstanding at this time. In order to bring your site into compliance you must also: BY APRIL 6, 2007 YOU MUST: Submit an after-the-fact Mason Environmental Permit for dumping and filling within the buffer of Sweetwater Creek and for the clearing and vegetation removal that occurred along the banks of that stream. These are permit-required activities as outlined in the Mason County Resource Ordinance section 17.01.110.G.1. This section of the Code also requires that a Habitat Management Plan be submitted with the Permit application. The Habitat Management Plan shall include a Restoration Plan for the 150-foot buffer that applies to Sweetwater Creek. After-the-fact permits are subject to a triple-fee penalty. The applicable permits and reference documents have been included for your convenience. This notice is to inform you that in the event that you fail to comply, we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 14 and Title 15 of the Mason County Code. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360)427-9670 ext 602 to discuss your concerns immediately. Sincerely, ,SP, L_"_L,- Stephanie Pawlawski Planner/ Code Enforcement Mason County Dept. of Comm. Development Cc: Property File ENF2006-00137 2 of 2 Mason County Dept. of Community Development Mason County Bldg. 111, 426 W. Cedar, P.O. Box 186, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 99, Web: http://www.co.mason.wa.us Notification of Mason County Code Violation March 08, 2007 PACIFIC NW SALMON CTR PO BOX 3238 BELFAIR WA 98528-3238 The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case No.: ENF2006-00137 Parcel No.: 123325000059 Site Address: 22751 NE STATE ROUTE 3 BELFAIR In October 2006, a request for an investigation was submitted to the Mason County Planning Department regarding the deposit of gravel material up to the edge of Sweetwater Creek in Belfair. The alleged activity was reported to be occurring on the above-noted parcel, owned by the Pacific Northwest Salmon Center. Upon reviewing this site and observing the gravel that was spread to within 5' of Sweetwater Creek, I contacted Tod Dulemba with the Pacific NW Salmon Center. She provided me with an email of pictures that were taken during an appraisal of the site. These pictures did show gravel in place surrounding the immediate perimeter of the building, however they do not provide any evidence that gravel previously existed within several feet of the creek. According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark, posting on site, or delivery of the notice. Records indicate that this enforcement issue has not been resolved and is outstanding at this time. In order to bring your site into compliance you must also: I EXHIBIT "A" BY APRIL 6, 2007 YOU MUST: Submit an after-the-fact Mason Environmental Permit for dumping and filling within the buffer of Sweetwater Creek and for the clearing and vegetation removal that occurred along the banks of that stream. These are permit-required activities as outlined in the Mason County Resource Ordinance section 17.01.110.G.1. This section of the Code also requires that a Habitat Management Plan be submitted with the Permit application. The Habitat Management Plan shall include a Restoration Plan for the 150-foot buffer that applies to Sweetwater Creek. After-the-fact permits are subject to a triple-fee penalty. The applicable permits and reference documents have been included for your convenience. This notice is to inform you that in the event that you fail to comply, we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 14 and Title 15 of the Mason County Code. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360)427-9670 ext 602 to discuss your concerns immediately. Sincerely, Stephanie Pawlawski Planner/ Code Enforcement Mason County Dept. of Comm. Development Cc: Property File ENF2006-00137 2 of 2 AGENCY USE ONLY Fge7acyReference R-. Dete Rettiied: CircUw_j by: (locar gout or agency) JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA) (for use in Washington State) M PLEASE TYPE OR PRINT IN BLACK INK. TO FILL IN ELECTRONICALLY USE F11 TO MOVE THROUGH THE FORM ❑x Application for a Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this completed JARPA application form and the (Fish Habitat Enhancement JARPA Addition)to your local Government Planning Department and Washington Department of Fish&Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS•-You must submit any comments on these projects to WDFW within 15 working days. Based on the instructions provided,I am sending copies of this application to the following: (check all that apply) x0 Local Government for shoreline:[]Substantial Development ❑Conditional Use ❑Variance []Exemption ❑x Revision ❑Floodplain Management ❑Critical Areas Ordinance ❑x Washington Department of Fish and Wildlife for HPA(Submit 3 copies to WDFW Region) ❑ Washington Department of Ecology for 401 Water Quality Certification(to Regional Office-Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification nCorps of Engineers for: ❑ Section 404 ❑ Section 10 permit Coast Guard for: ❑ General Bridge Act Permit ❑ Private Aids to Navigation (for non-bridge projects) ❑ For Department of Transportation projects onty: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality implementing Agreement SECTION A- Use for all permits covered by this application. Be sure to ALSO complete Section C(Signature Block)for all permit applications. 1.APPLICANT Pacific Northwest Salmon Center MAILING ADDRESS PO Box 3238, Belfair, WA 98528-3238 WORK PHONE E-MAIL ADDRESS CELL PHONE FAX# 360-275-0373 neil @ hcse9 or 360-620-1594 360 275-D648 If an agent is acting for the applicant during the permit process,complete#2. Be sure agent signs Section C(Signature Block) for all permit applications 2. AUTHORIZED AGENT Neil Werner MAILING ADDRESS PO Box 3238, Belfair, WA 98528-3238 WO�PHO�NE ESS CELL PHONE FAX# 360 ��nei�l@hcse�q.org ��360-620-1594 360-275-0648 3. Relationship of applicant to property: ❑x OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name,address and phone number of property owner(s)if other than applicant: 5. Location(street address, including city,county and zip code, where proposed activity exists or will occur) Local government with jurisdiction(city or county)Mason County Waterbody you are working in Sweetwater Creek Tributary of WRIA# Is this waterbody on the 303(d) List" YES ❑ NO ❑x Hood Canal 12 If YES,what parameter(s)? Shoreline designation "For 303d List, _ httl2://www.ecy.wa-gov/programs/wg/303d/index.htmi Zoning designation RR5 A Section Section Township Range Government Lot 23N R1 W DNR stream type ii known Type 4 Latitude and Longitude: Tax Parcel Number 12332 50 00063. ECY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or BOM17-0043 I EXHIBIT "B" 6. Describe the current use of the property,and structures existing on the property. Have you completed any portion of the proposed activity on this property? D YES ❑x NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. Currently there are two buildings on the property. These buildings are being used for commercial purposes. Is the property agricultural land? 0 YES x NO Are you a USDA program participant? YES x NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line,including types of equipment to be used. If applying for a shoreline permit,describe al work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project, you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. This work will realign Sweetwater Creek from SR3 to approximately 340 feet downstream. The project is not on the water side of the ordinary high water mark. It is anticipated that the work will utilize a backhoe and/or front loader to move material. PREPARATION OF DRAWINGS: See sample drawings and guidance ror completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site,but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-1/2 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES, 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. The proposed work is designed to enhance fish habitat that will increase fish spawning and population. The existing channel is shaped to create a difficult stream flow pattern, and needs to be revised. 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life,water quality, water supply, recreation and aesthetics. Identify proposed actions to avoid,minimize,and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. The proposed stream realignment has been designed to minimize sediment impacts and fish fife impacts. The stream will be re-channeled outside the existing st n stream channel to minimize work in the stream flow. low. When the channels are connected, sediment barrier will be installed to reduce floating sediment and down stream impacts. 7d. For in water construction work,will your project be in compliance with the Slate of Washington water quality standards for turbidity WAC 173.201A-110? x YES NO (See USEFUL DEFINITIONS AND INSTRUCTIONS) 8. Will the project be constructed in stages? YES NO Q Proposed starting date: March 2007 Estimated duration of activity: 2 months 9. Check if any temporary or permanent structures will be placed: WA 0 Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR (] Waterward of the mean higher high water for tidal waters? 10.Will fill material(rock,fill,bulkhead,or other material)be placed: No [] Waterward of the ordinary high water mark or line for fresh waters? If YES,VOLUME(cubic yards) /AREA (acres) Waterward of the mean higher high water for tidal waters? if YES,VOLUME(cubic yards) /AREA (acres) ECY 070-15(Rev. 11/04) JARPA contact the State of Washington Qffjce of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 2 11. Will material be placed in wetlands? YES []x NO If YES: A. Impacted area in acres: B. Has a delineation been completed? If YES,please submit with application. [] YES Qx NO C. Has a wetland report been prepared? If YES,please submit with application [] YES NO D. Type and composition of fill material(e.g.,sand,etc.) Existing onsite sand and gravel material. E. Material source: Excavation material from new channel. F. List all soil series(type of soil)located at the project site,and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service(NRCS). G. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? El YES NO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:If your project will impact greater than 14 of an acre of watland,submit a mtigation plan lo the Corps and Ecology for approval along with the JARPA form. NOTE:A 401 water quality certification wUJ be required from Ecology in addition to an approved mitigation plan d your project impacts wetlands that are: a)greater than 1i acre In size, orb)tidal wetlands or wetlands adjacent to tidal water. Please submit the JARPA form and mitigation plan to Ecology for an Individual 401 certification if a)orb)applies. 12. Stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current stormwater manual,or an Ecology approved local stormwater manual. Ex YES [] NO If YES-Which manual will your project be designed to meet? Washington State DOE If NO-For clean water act Section 401 and 404 permits only-Please submit to Ecology for approval,along with this DARPA application,documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards,WAC 173.201(A) 13.Will excavation or dredging be required in water or wetlands? YES NO If YES: A. Volume: (cubic yards)/area (acre) B. Composition of material to be removed: C. Disposal site for excavated material: D. Method of dredging: 14. Has the State Environmental Policy Act(SEPA)been completed EJ YES Qx NO SEPA Lead Agency:Mason County SEPA Decision: DNS, MDNS, EIS,Adoption, Exemption Decision Date(end of comment period) SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. List other Applications,approvals or certifications from other federal,state or local agencies for any structures,construction discharges or other activities described in the application(i.e.preliminary plat approval, health district approval,building permit, SEPA review, federal energy regulatory commission license(FERC), Forest practices application,etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE:For use with Corps Nationwide Permits,identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. None antici ated 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? [] YES Qx NO If YES, explain: ECY 070-1 S(Rev. 1 1/04) JARPA Contact the State of Washington Office of Requialory Assistance for latest version or call 360/407-7037 or 800/917-0043 3 SECTION B- Use for Shoreline and Corps of Engineers permits only: 7a.Total cost of project. This means the fair market value of the project, including materials,labor, machine rentals,etc. 17b. If a project or any portion of a project receives funding from a federal agency,that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. See instructions for Information on ESA.' FEDERAL FUNDING YES NO If YES,please list the federal agency. 18. Local government with jurisdiction: 19. For Corps,Coast Guard and DNR permits,provide names,addresses and telephone numbers of adjoining property owners,lessees, etc. - please riots: Shoreline Management Compliance may require additional notice—consult your local government. NAME ADDRESS PHONE NUMBER SECT/ON C-This section MUST be completed for any permit covered by this application 0. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and belief,such information is true,complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made,the right to enter the above-described location to inspect the proposed,in-progress or completed work. I agree to start work ONLY after all necessary permits have been received.. DATE SIGNATURE OF APPLICANT DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT,IF AN AUTHORIZED AGENT IS DESIGNATED, 18 U.S.0§1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies,conceals,or covers up by any trick,scheme,or device a material fact or makes any false,fictitious,or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitious, or fraudulent statement or entry, shall be fined not more than$10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline,such as marine,stream,lake, lagoon, marsh, bog,swamp,flood plain,floodway,delta;type of beach,such as accretion,erosion, high bank,low bank,or dike;material such as sand,gravel, mud,clay, ' rock, riprap;and extent and type of bulkheading,if any) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units,existing and potential,that will have an obstructed view: C. If the application involves a conditional use or variance,set forth in full that portion of the master program which provides that the proposed use may be a conditional use,or,in the case of a variance,from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs,please contact the appropriate agency in the Instructions ECY 070-15(Rev. 11/04) JARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 4 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.181-Appeal to Hydraulic Appeals Board WILDLIFE Montesano,WA 98563 (360)2494628 Issue Date:March 08, 2007 Control Number: 108342-1 Project Expiration Date:September 30, 2008 FPA/Public Notice#: N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR Pacific Northwest Salmon Center ATTENTION:Neil Werner PO Box 3238 Belfair, WA 98528-3238 360-620-1594 Fax:360-275-0648 Project Name: Sweetwater Creek Realignment Project Project Description: This project involves the creation of 340 feet of new roughened channel-and- the realignment of Sweetwater Creek into the new channel. The project will include excavating a new channel, installation of Large Woody Material (LWM) complexes, installation of new streambed materials and revegetation of the riparian area along both banklines with native species. PROVISIONS 1. TIMING LIMITATIONS: The project may begin Immediately and shall be completed by September 30, 2008; Provided: Work below the ordinary high water line shall only occur between June 15th and September 30th of calendar years 2007 through 2008. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB)listed below shall receive notification (phone, FAX, mail or email)from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee)or the agent/contractor prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 3. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled Sweetwater Creek Realignment Project and dated January 2, 2007,except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. NEW ROUGHENED CHANNEL: 4. The permanent new channel shall, at a minimum, be similar in length, width, depth, floodplain configuration, and gradient, as the old channel. The new channel shall incorporate fish habitat components, streambed materials, meander configuration, and native or other approved vegetation equivalent to or greater than that which previously existed in the old channel. 5. During construction, the new channel shall be isolated from the flowing stream by plugs at the upstream and downstream ends of the new channel. These plugs shall be substantial enough to prevent flood flows from entering the new channel during construction. Page 1 of 6 -� Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55.161-Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date: March 08, 2007 Control Number: 108342-1 Project Expiration Date: September 30,2008 FPA/Public Notice#: N/A 6. Before water is diverted into the permanent new channel, approved fish habitat components, streambed materials and bank protection to prevent erosion shall be in place. Fish habitat components and bank protection material shall be installed to withstand the 100-year peak flows. 7. The fish habitat log structures shall be of fir, cedar, or other approved coniferous species. 8. The fish habitat structures shall be placed so that they are within the low flow channel. 9. A minimum of 3 inches deep of clean, rounded, uniformly-graded gravel with a grain size composition as per calculations referenced in the design plans, with fines less than 0.25 inches not exceedit7g 3.0 percent total volume, shall be placed throughout the nevlfly`created channel. 10. Spoils from the new channel shall be placed in an approved upland site. If suitable, these materials may be used to fill the old channel once the diversion has been completed. 11. Stream diversion shall be conducted only after inspection and approval of the new channel by the Area Habitat Biologist listed below or his/her representative. 12. Diversion of flow into the new channel shall be accomplished by the following: 1. First remove the downstream plug. 2. Face the stream side of the plug with a sandbag revetment or similar approved mechanism. 3. Partially remove the upstream plug to allow 1/3 to 1/2 of the flow down the new channel for at least overnight. The old channel shall not be allowed to dewater. 4. Remove the rest of the upstream plug once the new channel has flow throughout its entire length. 5. Close the upstream end of the old channel and securely armor the entrance to the old channel to prevent re-entry of any flow. Armor material shall consist of clean, angular rock and shall be installed to withstand the 100-year peak flow. 13. Filling of the old channel shall begin from the upstream closure and the fill material shall be compacted. Water discharging from the fill shall not adversely impact fish life. EQUIPMENT: 14. Equipment used for this project may operate below the ordinary high water line, provided the drive mechanisms (wheels, tracks, tires, etc.)shall not enter or operate below the ordinary high water line. 15. Equipment used for this project shall be free of external petroleum-based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. Page 2 of 6 Washington HYDRAULIC PROJECT APPROVAL coastal ?.Department of 48 Devonshire Road FISH and RCW 77.55.181-Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:March 08,2007 Control Number: 108342-1 Project Expiration Date: September 30,2008 FPA/Public Notice#: N/A WATER QUALITY& FISH PROTECTION: 16. Erosion control methods shall be used to prevent silt-laden water from entering the stream during all phases of the project. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 17. Wastewater from project activities and water removed from within the work area during excavation and creation of the new channel shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 18. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 19. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 20. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. 21. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Department of Ecology at 1-800-258-5990, and to the Area Habitat Biologist listed below. REVEGETATION ALONG THE NEW CHANNEL: 22.Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks, including riprap areas, shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet(on center) and maintained as necessary for three years to ensure 80 percent survival. Page 3 of 6 Washington HYDRAULIC PROJECT APPROVAL Coastal Department of 48 Devonshire Road FISH and RCW 77.55A81-Appeal to Hydraulic Appeals Board Montesano,WA 98563 ON WILDLIFE (360)249-4628 Issue Date:March 08,2007 Control Number: 108342-1 Project Expiration Date:September 30,2008 FPA/Public Notice#: N/A PROJECT LOCATIONS Location#1 Sweetwater Creek WORK START: June 15, 2007 WORK END: September 30, 2008 WRIA: Waterbody: Tributary to: 15.0504 Unnamed Union River 11/4 SEC Section: Township: Range: latitude: Longitude: County SW 1/4 32 23 N 01 W N 47.43756 W 122.83696 Mason Legation 41 Driving Directions Actual Stream=Sweetwater Creek,Trib to Hood Canal near Belfair.On SR 3,project located next to future Pacific Northwest Salmon Center office area,downstream of culvert/fishway on SR 3 at Milepost 25.31,TAPPS ID#991797. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW(formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s)to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies(local,state and/or federal)that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued and operator(s)performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge,possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects)or 77.55.141 are subject to additional restrictions,conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s)to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation,stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s)to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION Page 4 of 6 `. Washington HYDRAULIC PROJECT APPROVAL Coastal .Department of 48 Devonshire Road FISH and RCW 77.55.181-Appeal to Hydraulic Appeals Board Montesano,WA 98563 WILDLIFE (360)249-4628 Issue Date:March 08,2007 Control Number: 108342-1 Project Expiration Date:September 30,2008 FPA/Public Notice#: N/A If you wish to appeal the issuance or denial of,or conditions provided in a Hydraulic Project Approval,there are informal and formal appeal processes available. A.INFORMAL APPEALS(WAC 220-110-340)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141,77.55.181,and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: i (A)The denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval;or (B)An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,600 Capitol Way North,Olympia,Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order Imposing civil penalties. If agreed to by the aggrieved party,and the aggrieved party is the Hydraulic Project / ro al#gpG_gt,resolution of,the c oc c ct�s u (I hie( a( at�d r agh tli rt� sit?t alYjtk�11�4 ,hl itat Biologist and his/her supervisor. If resolution is not reached,W the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B.FORMAL APPEALS(WAC 220-110-350)OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation,stock watering or bank stabilization projects)or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A)The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B)An order imposing civil penalties;or (C)Any other'agency action'for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator,shall be plainly labeled as'REQUEST FOR FORMAL APPEAL'and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North,Olympia,Washington 98501-1091,within 30-days of the Department action that is being challenged. The time period for requesting a format appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal,the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C.FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181,or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office,4224 Sixth Avenue SE, Building Two- Rowe Six,Lacey,Washington 98504;telephone 360/459-6327. D.FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21L RCW: A person who Is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval,or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board,4224 Sixth Avenue SE,Building Two-Rowe Six,P.O. Box 40903, Lacey,Washington 98504;telephone 3601459-6327. E.FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal,the department action shall be final and unappealable. Page 5 of 6 Washington HYDRAULIC PROJECT APPROVAL coastal Department of 48 Devonshire Road FISH and RCW 77.55.181-Appeal to Hydraulic Appeals Board WILDLIFE Montesano,WA 98563 (360)2494628 Issue Date:March 08,2007 Control Number: 108342-1 Project Expiration Date:September 30,2008 FPA/Public Notice#: NIA ENFORCEMENT: Sergeant Makoviney(31) P1 Habitat Biologist d for Director Gary Bell 360-249-1228 r WDFW CC:WRIA File, Olympia Marty Ereth, Skokomish Tribe Chuck McCoy, Planning, Mason County CDC Gloria Rogers, WDFW (email) Page 6 of 6 HTA Tr R 0 N Y� State of Washington DEPARTMENT OF FISH AND WILDLIFE Mailing Address: 600 Capitol Way N-Olympia,Washington 9 I i shi on S eet E- TDD a,W 902 2207 Main Office location:Natural Resources Building 1111 Washington Street SE Olympia,WA February 7,2007 Pacific Northwest Salmon Center Attn: Neil Werner PO Box 3238 Belfair, WA 98528-3238 to Use the Streamlined Fish Habitat Enhancement ProcessTributary of Hood ectSUBJECT: Request on _ Sweetwater Creek Mason County. Cont of# 107957-01 a Trt y Canal, WRIA 1 Dear Mr. Werner: The Washington Department of Fish and Wildlife (WDFW)has reviewed your application to use the Streamlined Fish Habitat Enhancement Process under RCW 77.55.181. Based on the information provided in the Joint Aquatic dResource oPerject it Appli Application (JAss. Undert the his project meets the requirements for the Streamlined Hy Streamlined Process, this project is exempt from the requirements of the State Environmental Policy Act, as well as all local government permits and fee The WDFW Area Habitat Biologist for your region,will be reviewing your JARPA and assist with development of your permit. For questions, please contact me at(360) 902-2575. Sincerely, 1 Teresa A. Eturaspe, SEPA/NEPA Coordinator Habitat Program TAE: tae/FEP07-004 cc: Mason County Planning Gary Bell, AHB Debbie Wells,ITAS2 Files j a�t BRUCE �Wo D E E S& ilaall� ��li ASSOCIATES � sg LenAtcgw Architeeture•Urban Detign - Sit.Plonia g•Recn 6-F-Otim Dmign m L M L M EPf.rMwa wt trlxt (a3)m->•a b 6 1i d COfCOCt; 6fion N. Ma �+ P.F. OJ PERMIT RESUBMITTAL DRAWINGS FOR: SWEETWATER CREEK RESTORATION = BELFAR, WQSIf- N LGTON /~�r•� W �1 a « rTl OA O VICINITY MAP LEGAL DESCRIPTION SYMBOLS DRAWING INDEX .,�- � N Vom OF LN0 M M YORDEW C70O1 OF ME S" xo rw of twcr RO 2s of SW R iN 1DP5 RO1E AM SECTION S DETAIL CALLOUT eAR0O1 TWM R=RDM M ROUK N OF RAL P M. 0O I cQsR sm PARWANLT OEVW)AS FOUOM' rnON ILrrEx - O"t ws DaSrnO 91E TOROCI4WIY m}� G Ct.l CRf37c RUII}11FM CT M k DETAE • Kapa"AT A POMP EA FEET MR AM 310 FM UST Of C21 CRtDt RV1011dr SECIICNL t CETAkS �_ V �.:• _ M 1Q11MLR C0R1O1 OF SAO truer W. ORECTON OF IIIm ' ToV"IMN I70 FM.NOIR:OR LM ro M NTRS WN ¢t91EE1 REFERENCE « • (,,.A;:• N TR WMTUU MW OFNMT tMT 1!E OF FUM WM tl ° NO No 1A LFFNR vto NIMMq'} ° to _ ro=to A Fan FEET,FMD aF M wMr D mPOW O DETAIL CALLOUT f/ r, wto tai nE.4 rFu,Noic OR 1E5[ro MF roar or EORMC OVA&N KR ¢t .,,...... :. • 'i � � I. SNEET REFERENCE ,1Og 1Y1O7 �AIIA�IIIBIIII�InI G0.1 PERMrT RESUBMFrTAL M.w 1 a 1 _� s s Tk.. .Tr [Y b rmlauye7 r y �`Y�y1t �' CQIPIIC SG:F , Project Dolurn M,a & Totk. A—Mcd EI, 100.00 G 0 Nar/Ver Scale: 1'.30' 110 r-----'---•-------- IN —" —_- _ oo m3 -. _----•--- ea v 2� VOdS rn m?Se• f7 m� _ 9.00 7.00 H00 5+00 1.00 3+00 24M 1.00 0.00 kR1 y m Existing Stream profile, Beginning Upstream of SR3 ' x,a fuox _NOTE MINOR MAPPING PROVIDED By MASON CONSERVATION DISTRICT E. , I.. PERMR RE.] LANDSCAPE PLANiMl6 LEGEND sEc mN 1f' y LCCATmfIS ) i o �.... .....- ;.: (a P 8. 9 `\\-'• ll�dutllulllllll�uQ�IIN w•++r iPN6rtOxaSOR �Mt'1➢1 wfow i TO NE,OUM OF TW ® w.r.. �••-. ;d;; * •r^ ANB PODS y0 TN1r THE MO m,mmw NM•t6 Y n.. OEleY06 W 11E vOR OroSs g1:11oM $ va wa lmle.rW rnoa R.cNlw wA n nwnn R1KW REIo.E MET. Nftl O 1 IAvn rwe.cx+a rwva n nonm t.w A n.Nna TO wF Dm$ c W T LF NOIBw04E FJCSiNG ••RE100�t,lOs ro�[ —�.,n�' ro RflTE,iwtllFt WIT rm,bNew ItELO+ED n oR,w„p rw.n.l.— �• 3 a ^05 Rm E1G.0.1Rm GeA�LL B rnaN ioa pYwcry ce mu Dm�WO a®ovum¢ ( /rJ rc Low muD woaor '�lOe4 OM ��F i ��l !� iP� F y a; j'�-.\_D�rvi Cw.R2 yTA H'!I tl �) /• \ e OIN/lti�C/1E1 fFCAWTE PCOlS 1'W tS CCMIFAUS / ``C`N TIIW RvilE Utv. av vnOOwo m'�c ,� - CND;Nlx DOWEL STREAM BED GRAVEL NOTES: � ��^� _.—R�_ t.!TEAM eta oi�,Q 9O1 Cp6ET �-1 PROPOSED FEATURES LEGEND Tw rounom wTwA,YPES ro,oc u \w Pool . N1i6XCOK�mf-e•coaela ��.��'' �� roM au(ow¢-s¢Ora)/� 7 YLOK-f-,•Is ww `� r ,ba' Cat CIOM fl.+ac PPOIEI�W 151T!-'-'I) 3 Kow ^i•-1'oMW eoc mu mO -sa 1mIF5) �J 1 SL170P-RA OW6 ,SCOW-ATu D yIJO TrAm(ocmtr PNET or Dw c Proleel Datum L P"loawxw.CMUC M� ------- DOWEL CO+RNNE(ulrl RAX5.JET Nub $ TOCk,AseuTeO El. T00.00 AND THE WMII o,8,,TM R THE m MP oP►vW(DOWEL emTN-,'Tot) Pwa ToTE 9 DELNERY. --._. tM or D( TION w CI LL 1.2 p _.01sfi4 ai-i ,� m 4 E%6TIm .e Z owWE,mmaxa d g ,00 - tsE EacrvArm eeArtL --- -m u -- CWTE acnE- wmN vaa ro Eolar (_ 1_ ma•• v. may ro AT CMNMI CDRERIJIE 'W vwx - O Z claDf3 a E72SIWv IsDVC-ieu) -- _ - _ '---- UWS f sb CNEEIc + Rx b"'m Niue, V una al-� wm q�q AT _ T1fa1R 1N A 16, � W cmu(W RE7wrp -- rnM'w. n m C W --- h W lo IS !00. pTnoW �� CC Pm 'K U eT ARYaR eM0[ IQ ARM LK JCR 17101 eC XIA .n m•r. NOTED 03.00 62 w ai,00 a, a,.m bOC 'dl'l l!w�V�IIG��B�I� PROPOSED W REALIGNMENT PROFILE �, �EKr_, C1.1 PERMff RESJBMITTA,L I Da�SIT A'��WITTER R Y -S AVERAGE wATR CWINR tEOFM-4 TO r AVERAGE WATR OWINf1 WRIDI•-:TD r (�.7 O SLAA2[1LVTTON wRFACE [%GWTM SWACE OCwvATiDI �1tn nX.71D I tlwP4 [tE1TN na3) [FEVAFFDN awARIG (DEPM vARE) K f 11 ) BfPc CULVERT �. EXSTNG GPADC PROP03D O0S0NG GPADC E RROPOSfD m , r^ (WES) � GRADE (WPES) CRADC � E iCRM^DR �gggqqqqq�qlllllllllll nDVE�Ta — —— T .']Jt A e•DPDt OF t(� " _JA•m r Or GRAVEL.AT POINT E iIOY tl r- 'M.DFPTM -V 0 t9 .'.�t L�f am..1' ,�; EDrINAttOFQ Ai anTa 0- CULVERT 1'Wr DFT'M fif-� B11M RfRL E11V. CRm E]ZgW7RIM SPOILS IM R�{a alaY. t VLE OFl1(EIUAfOf SPAS N4To ($ALUM' /MI \ r DEPIN Or A'-C• EDIYI AOUl6 011 WM SOCS M EDIAAL AAIOIRRS ON ROM SOER OFDLOMTIGN)AT Ivxa \ t Lpm SAALLS a®E(T0 tr EWL 16LM ADM CRED(0 tr I x Hmff A mR4TND ASV MN ODSiNG WOE)AS S)OWN SI.POOL DEPTH-t'MRL 1RA181gM T) GIDDE Rmt TRNem+T)"C"m""WDN ,am RREEL mv. TT EMM SADR 21 ws ADPC - AI TYPICAL POOL CROSS SECTION TYPICAL RI CROSSN n. . . . . n.f smE t t/z- D f O.t >LYL: t -t'o n.t p. . PREHM a"ANT)HIRE CHANNEL HETI,-/'TO f FROM TOP AND sm TIN(AFTER I% OF ROOIRYL AFTF, gAAWNp AMEAAf)E MTR Nml /' G FA RWT UNDER W AND F PLACa T IN moil ($II PINS) 4NFAIOaroArION R L a,"EROY p 1RFE STAgC'AReI]�YPC flmIING OHftE1 Fr N ) _ 1 GlN GDM TOP AND ItOIQT SIDES OF CDMf " (SII PW6l 1W0 W ROOD IS!)=II f11 (901'E MR6) �ofeYl/WOTMYd EA.ME 611EI./%+ANCID N LINE PARWIR W/AOIE k (ADP m,"L) 1'-r tad A I.m. •+'�� — ORNINl7 rRSN GRADE ~ 'mm GRADE GPADE WE 7S1 FAB • mmo SWITCH A?TERM !l INR/ �1l' � ji. E SDL 11 Rfgilll q a FOOL(SEA , a9 I I ' Aa MRADE °TFFI RODIWL aOLW G Noun TEE wood RDp 'I •REID'I ROOIIKL p 1DbMIR 1 NAG I nAKES(M) W9 OF TQ RR Wn OF TRUE PIN 1 Imm tr MN DEPTH mit.M CIe AND n� f��•J �� l�Il.ueRE.�Qu WAVY steewtt schm vjowA c Im�� j a Z AI„lu(T>h e-r DIA TTEE Illm° o aoo r C IR C /-51 SHRUB PLI4NTiNG DETAIL CI TREE P�NG/STAKING DETAJL a N n.t SCALE: f/r-rid `et.tJmu: t/r-t-o' n.t sWt: 1/� z UW� W ELaED lDOf A IDAWUW mRp r. � ' W EFFT NO FA01 AVERAGE WATER m m "ACE MA1R OVJIO R^M- 10 E' A MFIa(T1RGId) SURFACE SUFffAQ f]EVAIIDN \ RDmt DRaS, t1EVAT%�M ONMNFl CrIm D"-I• tU �.` 9-If DERMETER L= DwTm MADE 4 AT RIFFLECM. m C EARS AT EMIT LWD) (yyFS) GRADE t,(Omim GRACE .�` . •\. '8 r-12'ttW ODIED 1DGt A YNNIL t� (_VAA'ES) )(;:ta. -:` w CT- PORE(GRa[U '- - -`— - . ,IDa tzGDz 6MANl1 GDfIOiLLwE tL� j YI AE4E4F-}aIS 11WR6 ..— ----A'70 r((DEPM OF SfilG NOTED E7GVATOATA�WTiFS \ P001 / `VNGE wDOOfE DEIRR6 19i�glgllglqqqqllqllllq MRIiDTN BAAa PRDTE:TIN— CRFEA DEPTH-1'J B e-tY OwETCR LAGS ;I SAMPLE PUN NEW AT RIFFLE ELEV. SECTION A-A SECTION B-B 7 LARGE WOODY DEBRIS (LW — TYPICAL AT 3 LOCATIONS SHOWN ON P (3 EACH AT EA W) n.t 9GNE: KLS C�.1 P[RMR RESyRnT AL m.e A Mason Uounty Extension Noxious Weed List Pagel of 5 TASEtiN1NTA1 P_ - jJN1VERSFIY O County Mason County Noxious Weed List To help protect the state's resources, the Washington State Noxious Weed Control Board adopts a State Noxious Weed List each year. This list categorizes weeds into three major classes -A B and C -according to the seriousness of the threat they pose to the state or a region of the YAlt CoUR state. Contact Washington State Noxious Weed Control Board to participate in the weed listing process. • Class A weeds are non-native species with a limited distribution in Washington.Preventmg new infestations and eradicating existing infestations is the hest pirior" Caiitrol of tltese sped I!§"4k'f'M--tf'1A_*. �r • Class B weeds are non-native species that are presently limited to portions of the state. Class B species are designated for control in regions where they are not yet widespread. Preventing infestations in these areas is a high priority. In regions where a Class B species is already abundant,control is decided at the local level,with containment as the primary goal. • Class C weeds are other non-native weeds found in Washington.Many of these species are widespread in the state.Long-term programs of suppression and control are a local option,depending upon local threats and the feasibility of control in local areas. Class A Weeds 2006 Common name Scientific name bighead knapweed centaurea macrocephala buffalobur Solanum rostratum clary sage Salvia sclarea common crupma Crupina vulgaris denseflower cordgrass Spartina densiflora Cdyers woad Isatis tinctoria eggleaf spurge Euphorbia oblongata floating primrose(Willow) Ludwigia peploides garlic mustard A11iaria petiolata Cgiant hogweed Heracleum mantegazzianum goatsrue Calega ofcinalis hydrilla Hydrilla verticillata Italian thistle Carduus pycnocephalus johnsongrass Jr— Sorghum halepense kudzu IF Pueraria montana var. lobata http://mason.wsu.edu/Weeds/weedlist.html EXHIBIT ccD» 3/20/2007 Mason County Extension Noxious Weed List Page 2 of 5 1 lawnweed I( Soliva sessilis meadow clary Salvia ratensis Mediterranean sage Salvia aethiopis milk thistle Silybum marianum purple starthistle cntaurea calcitrapa reed sweetgrass Glyceria maxima salt meadow cordgrass Spartina patens silverleaf nightshade Solanum elaeagnifolium slender flower thistls—_—_--Il Carduus tenuiorus Spanish broom Spartium junceum spurge flax Thymelaea passerina Syrian bean-caper Zygophyllum fabago Texas bluewe.ed Heliawhus cdaris velvetleaf Abutdon theophrasti vochin knapweed Centaurea nigrescens wild four o'clock mirabilis nyctaginea yellow devil hawkweed Hieracium jloribundum back to to Class B Weeds annual bugloss Anchusa arvensis Austrian fieldcress Rorip a austriaca black knapweed Centaurea nigra blackgrass Alope-urus myosuroides blueweed Echium vulgare Bohemian knotweed Polyanum bohemicum brown knapweed Centaurea jacea camelthorn Alhagi maurorum Common bugloss Anchusa offcinalis cordgrass,common Spartina anglica dalmatian toadflax Linaria dalmatica ssp.dalmatica diffuse knapweed Centaurea di1J'usa Eurasian watermilfoil Myriophyllum spicatum fanwort Cabomba caroliniana garden loosestrife Lysimachia vulgaris giant hogweed Polyganum sachalinense grass-leaved arrowhead Sagittaria graminea hedgeparsley Tordis arvensis himalayan knotweed Polyganum polysatchyum http://mason.wsu_edu/Weeds/weedlist.html 3/20/2007 Mason County Extension Noxious Weed List Page 3 of 5 hoary alyssum F Berteroa incana indigobushm fB Japanese knotweed Polyanum cus idatum kochia Ko to leafy spurge Euphorbia esula lepyrodiclis Lepyrodiclis holosteoides Longspine sandbur________jj Cenchrus longis inus meadow knapweed Centaurea jacea x nigra mouseear hawkweed Hieracium pilosella musk thistle Carduus nutans oxtongue,hawkweed Picris hieracioides parrotfeather Myriophyllum aquaticum pepperweed,perennial Lepidium lati olium per"�ttt�t sQwtttlstle - - --Sprtc#11�ui-verisis=�p:rvetlsts _ plumeless thistle Carduus acanthoides polar hawkweed Hieracium atratum policeman's helmet Impatiens glandulifera purple loosestrife Lythrum salicaria Queendevil hawkweed Hieracium glomeratum Rush skeletonwee I Chondrilla juncea Russian knapweed Acroptilon repens saltcedar IF Tamarix ramosissima Scotch thistle Onopordum acanthium skeletonweed,rush Chondrilla juncea smooth cordgrass Spartina alterniora smooth hawkweed Hieracium laeyigatum spotted knapweed Centaurea biebersteind sulfur cinquefoil Oitebtukka recta swainsonpea Sphaerophysa salsula wand loosestrife Lythrum virgatum water primrose Ludwigia hexapetala white bryony Bryonia alba wild chervil Anthriscus sylvestris yellow floating he Nymphoides peltata yellow hawkweed Hieracium caespitosum yellow nutsedge Cyperus esculentus yellow starthistle Centaurea solstitalis back to too 11 Non-Designated Class B Weeds http://mason.wsu.edu/Weeds/weedlist.html 3/20/2007 mason Uounty Mension Noxious Weed List Page 4 of 5 Recommended for Control in Mason Co unty I � Brazilian elodea Eregia densa common catsear Hypochaeris radicata gorse Ulex eruopaeus herb robert Geranium robertianum houndstongue Cynoglossum officinale Myrtle spurge Euphoorbia myrsiniles orange hawkweed Hieracium aurantiacum oxeye daisy Leucanthemum vulgare puncturevine Tribulus terrestris Scotch broom isus scoparius tansy ragwort Senecio jacobaea wild carrot Daucus carota Class C Weeds Recommended for Control in Mason County Absinth wormwood Artemesia absinthium Bab sbreath Gypsophila Black henbane Hyoscyamus ni er Bull thistle Cirsium vul are Butterfly bush Buddleia davidii Canada thistle Cirsium arvense Cereal rye Secale cereale Common groundsel Senecio vul are Common reed non-native Phra mites australis Common tansy Tanacetum vul are Curly-leaf pondweed Potomo eton cris us Codder Cuscuta approximala English ivy Hedera helis 'Baltica'. 'Pittsburg, "Slar'Hedera hibernica 'Hibernica' Field bindweed Convolvulus arvensis Fragrant water lily N m haea odorata Hairy whitetop Cardaria ubescens Hairy willow-herb E ilobium hirsutum Hawkweed Hieracium s . Hoary cress Cardaria draba Jointed goatgrass Ae ilo s cylindrical Old man's beard Clematis vitalba Poison hemlock Conium maculatum Reed canarygrass Phalaris arundinacea Scentless ma weed Matricaria perforata S ikeweed Hemizonia un ens Spiny cocklebur Xanthium s inosum _ St.Johnswort H ericum perforatum White cockle Silene lati olia ss .alba Yellow flag iris Iris pseudocorus Yellow toadflax Linaria vul aris back to to http://mason.wsu.edu/Weeds/weedlist.html 3/20/2007 Mason County Extension Noxious Weed List Page 5 of 5 The Washington State Noxious Weed List is updated annually. Everyone is encouraged to participate in the process. For additional information and timeline for the weed listing process, contact: Washington State Noxious Weed Control Board P.O. Box 42560 Olympia, WA 98504-2560 Steve McGonigal, Executive Secretary (360)902-2053 Sean MacDougall, Education Specialist(360)902-2053 You can find more information about Noxious Weeds from these Web sites: Washtington State Noxious Weed Control Board Contact:Bonnie Halt 36OA27-9670 ext.6801 Accessibility I Copyright I Policies WSU Mason County Extension,11840 N.Hwy. 101,Shelton,WA.98584 USA http://mason.wsu.edu/Weeds/weedlist.htmi 3/20/2007