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HomeMy WebLinkAboutWork without Regulated Type III Stream Buffer - PLN General - 1/10/2005 J A N 2 5 2007 HOSS & WILSON-HOSS, LLP Attorneys at Law Richard T.Hoss 236 West Birch Street (360)426-2999 Robert D.Wilson-Hoss Shelton,Washington 98584 fax(360)426-6715 rob@hctc.com January 24, 2007 Stephanie Pawlawski Mason County Planning Department PO Box 279 Shelton, WA 98584 Re: 321275300197; 321275400075; 321275400076 Dear Stephanie, These are the lots that were all once owned Jack Kukuk, and are subject to enforcement actions that culminated in a replanting requirement and bond. My client is Lake Limerick. I am told that no work of any kind appears to have been done on the lots since the original clearing. Of course, the replanting requirement specifies a number of responsibilities; again, it appears that none has been met. I just spoke with Jack Kukuk on the telephone yesterday. He told me that his consultants, Agua Tierra, had prepared a new plan that reported that the replanting had been generally achieved naturally, so that the requirements now, according to them, are substantially reduced. He said he did not know if the amended plan had been filed with the County yet or not, but the intent was that it would be. I would appreciate it if you would please let me know the status of the lots. Lake Limerick is close to finishing its investigation and imposing requirements, including replanting. It would be useful to know the County's position. Thank you for your help. Sincerely, Robert D. Wilson-Hoss c:client yw APR 0 2 HOSS & WILSON-HOSS, LLP Attorneys at Law (360)426-2999 Richard T.Hoss 236 West Birch Street Fax(360)426-6715 Robert D.Wilson-Hoss Shelton,Washington 98584 rob@hctc.com March 30, 2007 Stephanie Pawlawski Mason County Community Development PO Box 279 Shelton, WA 98584 RE: Lake Limerick, Division 5, Lots 75-76 Dear Stephanie: Enclosed for your information, please find a copy of a letter sent to Michael and Judith Callaghan on March 30, 2007. Please call if you have any questions. Sincerely, Gavin Phillips Paralegal for Robert D. Wilson-Hoss HOSS & WILSON-HOSS, LLP Attorneys at Law Richard T.Hoss 236 West Birch Street (360)426-2999 Robert D.Wilson-Hoss Shelton,Washington 98584 fax(360)426-6715 rob@hctc.com March 30, 2007 Michael and Judith Callaghan 981 East Passage View Road Shelton, WA 98584 RE: Lake Limerick, Division 5, Lots 75 and 76 Dear Mr. and Mrs. Callaghan: I represent Lake Limerick with concerns regarding the conditions of the above-referenced lots. As you know, the lots were subject to Mason County enforcement action taken in response to work done on the lots by previous owners, and as your deeds specify,when you took title to the lots, you assumed the responsibility for meeting County requirements. Please forgive me if these matters have been taken care of by the time of this letter. My last contact with Mason County planners about this matter was early in March. At that time, it appeared that no work had been done as required prior to your purchase. The most recent file notation at that time was that Mr. Callaghan met with the County planner in August,and suggested that natural reproduction would be sufficient. As I understand it from the notes, the response was that this would not be sufficient. I am also aware of some discussion of an amendment to the remediation plan already submitted and accepted. As I understand it, no such amendment has been submitted. If I may, I would like to suggest a possibility to you. The requirements of the original remediation plan were, in my opinion, quite reasonable, and not expensive to meet. I know of a local contractor who is familiar with such matters, and who charges very reasonable rates. I am guessing that his cost to replant according to the original plan would be less than the cost of amending the plan. If you are interested, please give me a call and I will let you know how to get in touch with him. This file has been complicated by a number of factors. Lake Limerick has its own rules and regulations,which were not met in this case. Before replanting,you should strongly consider applying for permission to Lake Limerick for the work you intend to do. At the time of the review of your application, Lake Limerick will impose its own requirements, which may simply be that you comply with the County requirements. I can also imagine that Lake Michael and Judith Callaghan March 30, 2007 Page 2 Limerick would impose its own additional timing requirements, so this does not go on too long, and a requirement that the lots be cleaned up as well; I cannot speak for the Architectural Committee. A problem is that the failure to remediate as required has caused the association to pursue its concerns through my office. We fully intend to address these expenses with the parties in ownership at the time of the violations, but you should be aware that they are technically obligations owing against the lots, and you as owners might be asked to pay what the previous owners will not or cannot. Lake Limerick has patiently waited for progress on these lots. I believe I spoke to Mr. Callaghan about these matters several month ago. They have also been addressed to the previous owners on a number of occasions. It would seem to everyone's advantage for you to take care of the responsibilities to Mason County and to Lake Limerick as soon as possible. If you need copies of the Project Permit Application,please call Lake Limerick at 426-3581. You will find the office staff friendly and helpful. Lake Limerick will not take further action on these accounts until April 30, 2007. Unfortunately, at that time, if the required work is not done, or a suitable timetable has not been agreed to, it will be necessary for me to begin drafting a complaint naming all parties, which will let the Court sort out who is responsible for what. If you do wish to submit a Project Permit Application,please do so through my office so that I can expedite the process. Thank you very much for your consideration of these matters. If you have any questions, please do not hesitate to call. Sincerely, tll-*"-- Robert D. Wilson-Hoss cc: Client Stephanie Pawlawski MASON COUNTY BOND FORM e Type of Permit �elo 11-a�,/4 Name: Type of Improvement: Project Location: L Legal Description of Property: With reference to the above-identified matter, this will certify that this institution has a savings account(or loan) for the above-re ferenced owner/developer/contractor e. p r/contractor for the project so identified. In consideration of the permitted improvement, and in lieu of a performance bond,this institution hereby agrees that it will freeze the following sums of money for the indicated improvement pending written authorization for release of said funds by in the amount of$ ��, 6 �� Dollars. The total sum indicated will be withheld by this institution from any disbursements of any kind until written authorization has been received b this institution fro m m Mason County to release the sum of money indicated by the written authorization from the County. The design,location;materials and other specifications for the indicated improvement are those required by Mason County as appears in the above-referenced document/permit, and shall be in compliance with the Mason County Resource Ordinance, Chapter 8.52 Mason County Code as amended. These funds shall be held by the institution for a period of three years. In the event that /Gle_4 11,�44 414 A�__ (responsible party's name) does not comply with the aforementioned requirements, Mason County may demand, and the institution shall make,payment to Mason County of said funds so that the necessary repairs can be perfumed immediately to Mason County standards. The institution shall not be liable to —,�c4- X,14 i-tI (-- (responsible party's name) for any disbursement of said funds to Mason County. The conditions in this agreement may only be amended or revoked by express written condition of Mason County. ign re of Responsible Party Date Confidential Page 1 Form Revised:03/25/03 AL � C) k1 �� N Accepted: I-I CD -05 Name of Bank/Phone Number Approved: Title: CLAcu�Y1c,J ��, .L, rnn Bank Address Date Account Number A"�3C3Y1C� STATE OF , County of 0.. (Individual Acknowledgement) PC,- `C-"� l e C1 Notary Public in and for the State of W gten,residing at m e-S C� LL p n Cv do hereby certify that on this lh day of c-.n�v- 20 personally appeared 31 before me sk W . �k�LC. ca to me known to be the individual described herein and who executed this instrument and acknowledged that h-e. signed and sealed the same as—LL15_free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAI,SEAL this 1 C)t h day of 4NotPu lic�inan for the State of residing at i in said County. My Commission expires �0 .2C WPATRfC[Aft mte nNOTARYPUBM-AnE0ftkd%W Confidential . Page 2 Form Revised:03/25/03 BANK=ONE. Member FDIC Certificate of Deposit Receipt ACCOUNT TITLE JASCO SOUTHWEST INC ACCOUNT NUMBER 010-000-0957790 FBO MASON COUNTY DEPARTMENT OF PLANNING PERFORMANCE BOND DEPOSIT AMOUNT $1,066.63 �.rc.e.l ' 301,1-a'7- ��-poo•7e TERM 36 Months ADDRESS 2591 S WHITETAIL ISSUE DATE 01/10/2005 GOLD CANYON,AZ 85219-4809 MATURITY DATE 01/10/2008 TAXPAYER ID NUMBER 86-1018527 TYPE OF MATURITY Automatically Renewable ACCOUNT PURPOSE Business INTEREST RATE 2.96% TYPE OF OWNERSHIP Corporation ANNUAL PERCENTAGE YIELD 3.00% ISSUED BY JPMorgan Chase Bank, N.A. (601 ) INTEREST COMPOUNDING Daily Superstition Springs 285 PATRICIA A TEELE PAYMENT FREQUENCY Annually (480)890-5170 01/10/2005 INTEREST PAYMENT METHOD Capitalize THIS ACCOUNT IS NONNEGOTIABLE AND NONTRANSFERABLE. This receipt is provided solely for your convenience as an initial record of the account terms reflected on the books and records of the Bank as of the date hereof. It is not an instrument, note or security and is not required to be surrendered to the Bank as a condition for redemption or withdrawal. The deposit account referred to hereon is subject to Bank One's Certificate of Deposit and Certificate of Deposit Individual Retirement Account Agreement. You acknowledge that you have received this agreement and agree to its terms Penalty for Early Withdrawal M E M O R A N D U M DATE: DECEMBER 28, 2004 TO: Mason County Department of Planning Jack Kukuk FROM: Celina Abercrombie Agua Tierra Land and Water Services,Inc. 506 Edison Street SE, Suite 100 Olympia,WA 98501 Tel. (360) 754—3755; (360) 754—3431 E-mail: CELINA@AGUATIERRA.NET RE: RESTORATION BOND CC: FILE FILE: C://AT Projects/Restoration/Restoration 13ond.doc According to Mason County Critical Area Ordinance section 17.01.210,prior to commencing restoration of a wetland, deep water habitat,tributary stream or protected species habitat, or their vegetation area or a steep or unstable slope,the applicant shall post with the Director a bond or other security in an amount sufficient to cover the cost of conformance with the conditions of the restoration plan, including corrective work necessary to provide adequate drainage, stabilize and restore disturbed areas,and remove sources of hazard associated with work which is not completed.After the Director determines that restoration has been completed in compliance with approved plans and P P the monitoring period has expired,the bond or other security shall be released. The County may collect against the bond when work which is not completed is found to be in violation of the conditions set forth in the restoration plan and/or the Director determines that the site is in violation of the purposes of this Chapter. Restoration Bond Category Description of Work Quantity Unit Total Cost if applicable Cost Plant purchase Douglas fir(Pseudotsuga 60 $3.00 $180.00 menziesit evergreen huckleberry 60 $4.00 $240.00 Vaccinium ovatum red huckleberry(Vaccinium 60 $4.00 $240.00 arvi olium salal Gaultheria shallop 166 $3.50 $581.00 kinnikinnick(Arctostaphylos 167 $1.75 $292.25 uva-ursi Planting site Plant installation 40 hours $15.00/hr $600.00 preparation/installation Total Cost $2133,25 Feel free to contact us if you have any questions regarding Mason County's Restoration Bond requirements. i s C. ADT 25 uj (�!� Lr Q�j �L � r .,'o � jb to yyQ .r \:� 1 � r N.PP NE. BANK O Member FDIC Certificate of Deposit Receipt ACCOUNT TITLE JASCO SOUTHWEST INC ACCOUNT NUMBER 010-000-0957808 FBO MASON COUNTY DEPARTMENT OF PLANNING PERFORMANCE BOND PARCEL 321 27 5400076 DEPOSIT AMOUNT $1,066.63 TERM 36 Months ADDRESS 2591 S WHITETAIL ISSUE DATE 01/10/2005 GOLD CANYON, AZ 85219-4809 MATURITY DATE 01/10/2008 TAXPAYER ID NUMBER 86-1018527 TYPE OF MATURITY Automatically Renewable ACCOUNT PURPOSE Business INTEREST RATE 2.96% TYPE OF OWNERSHIP Corporation ANNUAL PERCENTAGE YIELD 3.00% ISSUED BY JPMorgan Chase Bank, N.A. (601 ) INTEREST COMPOUNDING Daily Superstition Springs 285 PAYMENT FREQUENCY Annually PATRICIA A TEELE (480)890-5170 01/10/2005 INTEREST PAYMENT METHOD Capitalize THIS ACCOUNT IS NONNEGOTIABLE AND NONTRANSFERABLE. This receipt is provided solely for your convenience as an initial record of the account terms reflected on the books and records of the Bank as of the date hereof. It is not an instrument, note or security and is not required to be surrendered to the Bank as a condition for redemption or withdrawal. The deposit account referred to hereon is subject to Bank One's Certificate of Deposit and Certificate of Deposit Individual Retirement Account Agreement. You acknowledge that you have received this agreement and agree to its terms Penalty for Early Withdrawal November 20, 2008 Michael &Judith Callaghan 981 E Passage View Rd. Shelton, WA 98584 Re: Tax Parcel # 321275400076 /ENF2004-00501 Dear Mr. &Mrs. Callaghan, I, Ryan Crater/Enforcement Planner for Mason County, have found that the restoration of the critical area buffer is complete. You are hereby released from any bonds posted and further enforcement action associated with this case. If you have any questions regarding the management of the buffer zone area please give the Planning Department a call. There are management options available as well as possible stewardship options and incentives through the Assessors Office. When you have time,please forward me hard copies of the final site inspection photos for the record. If you have any questions,please give me a call at 360-427-9670 at Ext. 577. Regards, Ryan Crater Land Use Planner/Code Enforcement Planning Department/Mason County 360-427-9670 at Ext. 577 November 20, 2008 Jack Kukuk 2591 S. White Tail Rd. Gold Canyon, AZ 85218 Re: Release of bond for enforcement case number ENF2004-00501. Dear Kukuk, You are hereby released from the bond you posted for the above enforcement case. If you have any questions,please give me a call at 360-427-9670 at Ext. 577. Regards, Ryan Crater Land Use Planner/ Code Enforcement Planning Department/Mason County 360-427-9670 at Ext. 577 PLEASE NOTE: THIS ENFORCEMENT CASE WAS CLOSED, AND A RESTORATION FILE WAS CREATED. THE RESTORATION FILE AND RESTORATION PLAN/BOND ARE FILED IN THE PLA NNING DEPARTMENT CODE ENFORCEMENT PLANNER'S OFFICE. RESTORATION EFFORTS ARE TO BE MONITORED FOR A PERIOD OF THREE YEARS FROM �����o S — 1 // -7 � OF) . AT THE CONCLUSION OF THE THREE-YEAR PERIOD, THE RESTORATION BOND SHALL BE RELEASED IF SUCCESSFUL RESTORATION HAS BEEN ACHIEVED. Case Activity Listing 1/19/2005 Case#: ENF2004-00502 4:31:46PM lip, ENFA400 Compliance Due Date 12/28/2004 1/15/2004 None DONE KLF KLF 1/19/2005 KLF see meeting notes,review ATEC submittal timeline.klf ENFE10 Monitoring 1/19/2005 None PEND KLF KLF 1/19/2005 KLF 1/19/08-review site for compliance with restoration plan and release bond if appropriate.klf. ENFE100 Annual Update 1 None PEND KLF 1/19/2005 KLF ENFE110 Annual Update 2 None PEND KLF 1/19/2005 KLF ENFE120 Annual Update 3 None PEND KLF 1/19/2005 KLF ENFE300 Final Inspection None PEND KLF 1/19/2005 KLF ENFA010 Complaint Received 12/7/2004 None KLW 12/16/2004 KLW COMPLAINT RECEIVED AND FORWARDED TO KLF 12/7/04 ENFA911 Miscellaneous Action 12/16/2004 12/16/2004 None KLF 12/16/2004 KLW ROUTED FOR INSPECTION ENFB001 Inspection 12/27/2004 12/27/2004 None DONE KLF KLF 12/28/2004 KLF 12/27/04-met on site with ATEC staff and owners. Discussed specific issues related to each of the three sites. Notes in ENF case files. Owners are going to have ATEC perform work,I will tag files for review based on ATECs timeline.kif. ENFC050 Complaint Closed 1/19/2005 None DONE KLF KLF 1/19/2005 KLF 1/19/05-All required submittals received,reviewed and accepted. Enforcement action resolved,monitoring activity initiated. Owner is authorized to remove logs retained on-site and owner is authorized to implement plan prepared by ATEC. Please notify planning staff,Kristin French(360)427-9670 ext.593 when plantings are installed. Owner is responsible for submitting annual updates for three year period.klf. Page 1 of 2 CaseActivity..cpt Case Activity Listing 1/19/2005 Case#: ENF2004-00502 4:31:46PM t zee ;. �� ply ter dt �>y ENFD10 Restoration Bond Submitted 1/19/2005 1/19/2005 None DONE KLF KLF 1/19/2005 KLF 1/19/05-$1,066.63 bond submitted. Review and release if appropriate 1/19/08.klf. ENFD20 Restoration Plan Submitted 1/19/2005 1/19/2005 None DONE KLF KLF 1/19/2005 KLF 1/19/05-Acceptable plan prepared by ATEC submitted.klf. Page 2 of 2 CawActivity..rpt 360-427-9670 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION j P.O. Box 279, Shelton, WA 98584 ALL PERSONS ARE HEREBY ORDERED TO AT ONCE WORK I On These Premises at A i FIE,� This order is issued because (.. C-MZ4" AKA G'RA-21N.�3- 1 KI s Ff Ark A.M. Posted G -3 03- By The failure to stop work, the resuming of work without permission from the WARNING Department of Community Development,orthe removal,mutilation,destruc- tion or concealment of this Notice is punishable by fine and imprisonment.