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
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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,
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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
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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
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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.
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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.