HomeMy WebLinkAboutSEP2008-00122 Environmental Checklist - SEP Application - 6/11/2008 HOSS & WILSON-HOSS, LLP
ATTORNEYS AT LAW
RICHARD T.Hogs 236 West Birch Street AREA CODE 360
ROBERT D.WILSON-HOSS SHELTON,WASHINGTON 98584 426-2999 FAx 426-6715
July 7, 2008
Mr. Ryan Crater 1.
Land Use Planner/Code Enforcement ` JUL 7
2
P. O. Box 279
Shelton, WA 98584 �'r' PEA
RE: Neyhart Tahuya Farm, LLC
Dear Mr. Crater:
Enclosed please find a SEPA Checklist and Shoreline Permit Application. Please
immediately contact me and advise if you have additional requests. A review of the applicable
facts regarding the Neyhart Tahuya Farm, LLC, herein "Neyhart Farm" agricultural bridge
follows:
1. In the week of December 1, 2007, the Tahuya River was severally flooded with flows
reaching a 1,000 year event. The Belfair-Tahuya Bridge and the Neyhart Farm agricultural
bridge were both destroyed by the flood and debris flows. Mason County replaced its bridge and
Neyhart Farm continues to request copies of all Mason County applications in connection with
its work.
2. Initial HPA was issued December 21, 2007 to replace the Neyhart Farm agricultural
bridge. Include in the HPA was the following requirement: "Abutments, piers, piling, sills,
approach fills, etc., shall not constrict the flows and cause any appreciable increase (not to
exceed 0.2 feet) in backwater elevation (calculated at the 100-year flood) or channel-wide scour,
and shall be aligned to cause the least effect on the hydraulics of the stream." "Bank protection
material (concrete blocks) which were toppled by the flood waters may be repositioned to their
original location." These provisions have been substantially complied with. The concrete blocks
were placed landward of their original location, because their original location would be in the
streambed of the Tahuya River.
3. JARPA application together with engineered bridge abutment assessment drawings and
photographs were submitted March 21, 2008.
4. Mason County granted emergency permit by public notice published December 22, 2007
and March 18, 2008. The emergency permit states that "a site re-evaluation will occur within 60
days to suggest any necessary mitigation or modifications to the emergency measures taken."
Mr. Ryan Crater July 7,2008
RE: Neyhart Farms Page 2 of 5
Instead of site re-evaluation, Mason County issued code violations, for reasons unknown to
Neyhart Farm.
5. Contemporaneous with the issuance of the Mason County emergency permit, Neyhart
provides notes on the bridge to Planner, Pam Bennett-Cummings and Gloria Rogers at
Washington Fish & Wildlife dated March 20, 2008. Included in the notes provided is the
following: "After the bridge is in place, the concrete blocks that are in the river will be removed,
and re stacked out of the river. The blocks will be locked together. And the bottom blocks will
be grouted in place."
6. Second HPA issued April 9, 2008 for collection of woody debris and excavator crossing
the river.
7. April 22, 2008, Pam Bennett-Cummings notifies Doug Neyhart that his application is
incomplete because he did not include a Site Plan. On April 23, 2008, Neyhart faxes scale Site
Plan of the site and project together with engineering report, engineering drawing and bridge
photographs.
8. Pam Bennett-Cummings prepared a report detailing Neyhart project information and the
report required Mr. Neyhart's written agreement to 7 items. On May 6, 2008, Neyhart agreed to
the 7 items in the report. Item No. 5 required the submission of a SEPA Checklist, and that
checklist is attached hereto, and its terms incorporated by this reference.
9. Third HPA was issued May 14, 2008.
10.Neyhart Farm believes that it worked within permit conditions, did not place portions of
the bridge structure beyond the ordinary high water mark, and did not expand the structure
beyond the original agreed upon building footprint. Neyhart Farm does not believe that the
Shoreline Master Program and Fish& Wildlife Habitat provisions apply to or govern its work for
the reasons cited below:
Notification of Mason County Code Violation was issued by letter dated June 5, 2008,
because of the following:
Working outside of permit conditions. Placing portions of the bridge
structure beyond the ordinary high water mark. Expanding the structure beyond
the original agreed upon building footprint. The notice states that the specific
Mason County Codes that apply to this activity are the Shoreline Master Program
17.50.060, and the Fish& Wildlife Habitat Conservation Areas in 17.01.110.
The June 5,2008 Notice was receive by Doug Neyhart on June 23,2008 and requires that
Neyhart complete 2 items: A call from Fisheries employee Gloria Rogers to Ryan Crater that he
has fulfilled the HPA requirements and all requested permit paperwork has been submitted to the
County and an inspection by Ryan Crater is completed before July 7, 2008 to verify there are no
other remaining Code Violations. Phone call has been made to Gloria Rogers requesting that she
contact Ryan Crater in connection with Item 1. The SEPA Checklist and Shoreline Permit
Application, copies of which are attached hereto and their terms incorporated herein, have been
Mr. Ryan Crater July 7, 2008
RE: Neyhart Farms Page 3 of 5
submitted. Request is hereby made that the Enforcement Planner Ryan Crater complete an
inspection by July 7, 2008.
11.Doug Neyhart received his notice from Mason County 20 days prior to July 14, 2008. On
June 23, 2008 Ryan Crater stated: "The dates can be extended if more time is needed."
However, by message on July 2, 2008, Ryan Crater changed his position in demanding strict
compliance with his July 7, 2008 deadline. Strict compliance was required despite previous
notice of available extension, actual receipt of notice by Doug Neyhart on June 23, 2008, and no
opportunity for Neyhart Farm to review the secret staff meeting notes and Mason County Public
Works bridge application.
12. On June 27, 2008, Ryan Crater contacted Neyhart's attorney Richard Hoss, and stated
that he had coordinated a meeting between Gloria Roger, Mary Ereth, Kim Van Zwalenburg and
Pam Bennett Cummings. On behalf of Doug Neyhart, Richard Hoss requested the right to be
present at the meeting. The request was declined, and the meeting conducted without Neyhart or
his attorney present, or the opportunity to be present.
13.On June 30, 2008, request was made of Ryan Crater to assist by providing a copy of the
Mason County Public Works Department applications in connection with their bridge
replacement that was washed out in the same flood event. Ryan Crater's response was "you
need to fill out a public request before I can release any information". Request had previously
been submitted in writing. As a result, Neyhart Farm still has not had a chance to review the
Mason County Public Works applications and permits.
14.Public Records Requests have been submitted in order to obtain on the Belfair-Tahuya
Bridge and records relating to the closed Neyhart meeting that Neyhart Farm or its representative
was not allowed to attend.
REGULATORY ANALYSIS
The Shoreline Management Act, and not the Growth Management Act, is the sole
framework for statewide shoreline regulation. Biggers v. City of Bainbridge Island, 162 Wn.2d
683, 695, 169 P.3d 14 (2007). Article XVII, §1 of the Washington Constitution requires that the
powers of the State in regulating shorelines are controlling over any powers of local government.
Id. The limitation on local police power over shoreline use and development is reinforced by
the public trust doctrine. Id. The policies, goals and provisions of Chapter 90.58 RCW and
applicable guidelines shall be the sole basis for determining compliance of a Shoreline Master
Program with the Shoreline Management Act, except internal consistency procedural provisions.
Id at 700. No local government may impose regulations that are in conflict with the State's
general laws. Id at 702.
The Shoreline Management Act details activities that are prohibited, subject to permit,
and allowed. The Neyhart Farm conducts only "agricultural activities" on "agricultural
facilities" and "agricultural lands" as defined in RCW 90.58.065(2). The guidelines adopted by
Department of Ecology and master programs developed or amended by local governments shall
Mr. Ryan Crater July 7, 2008
RE: Neyhart Farms Page 4 of 5
not require modification of or limit agricultural activities occurring on agricultural lands.
RCW 90.58.065(1).
Construction and practices normal or necessary for farming and ranching activities shall
not be considered substantial developments for the purpose of the Shoreline Management Act.
RCW 90.58.030(3)(iv).
The replacement of a bridge structure is categorically exempt under the SEPA rules.
WAC 197-11-800(3).
NEYHART FARM
Neyhart Farm is an agricultural facility where agricultural practices take place. A 1,000
year flood event destroyed the Neyhart Farm, LLC's bridge and a Mason County bridge also
over the Tahuya River. Neyhart Farm has struggled to identify, understand and comply with all
applicable regulations in the replacement of its bridge, and wishes to continue to comply with all
governing regulations. Neyhart Farm does not understand why a meeting would be held with the
interested government staff members, but Neyhart and his attorney would be prohibited from
attending the meeting. Neyhart does not understand why Mason County Planning has not
voluntarily provided a copy of the Mason County Public Works' applications for its similar
bridge replacement, and why Mason County has forced compliance with an arbitrary time
deadline before Neyhart Farm's Public Records request can provide a copy of the County
emergency applications.
Neyhart Farm has diligently sought, and received necessary permits, attempted to comply
with the permits, and submits the additional requested applications, without admitting these
applications are in fact required or due.
Finally,Neyhart Farm requests that future meetings concerning the bridge replacement or
Neyhart Farm be conducted with Neyhart or his representative present, and not in secret. The
open exchange of information will assist all parties in bringing this matter to a prompt
conclusion. Demands for public record requirements for a simple, similar application, and
demands for strict deadline compliance despite previous offers to extend and late mailing seem
more designed to create an atmosphere of hostility rather than one of cooperative resolution. Ail
of Neyhart Farm's activities are lawful, and all the consequence of a natural disaster. Even
though the HPA issued December 21, 2007 allowed Neyhart Farm to replace the concrete blocks
toppled by the flood waters to their original location, Neyhart Farm protected the river and
stream bed by replacing them outside of the ordinary high water mark. Had Neyhart Farm
strictly complied with the HPA, those concrete blocks would now be in the riverbed. Neyhart
Farm incurred significant additional expense to improve the habitat after the natural disaster by
removing the old abutments, the destroyed bridge and many of the concrete blocks that had been
washed into the river. The work performed was the best under the circumstances to comply
with the letter and spirit of the governing regulations, while being far more protective than the
law required of the Neyhart Farm ecology.
Mr. Ryan Crater July 7, 2008
RE: Neyhart Farms Page 5 of 5
Please consider this letter a formal notice of appearance on behalf of Doug Neyhart and
Neyhart Tahuya Farms, LLC. If you have any additional requirements or requests, please
forward them promptly.
Sincerely,
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RICHARD T. HOSS
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Enclosures: As stated.
cc: Neyhart Farm
Jul 01 U6 05: 38p Joel Neyhart 2066235111 p. 4
MASON CO. ENVIROMENTAL CHECKLIST
A. BACKGROUND
SED
1 . Name of prop 0
sed project, if applicable: MAS_
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2. Name of applicant:
3. Address and "dne numberpplicant and contact person:
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4. Date checklist pre ared:
5. Agency requesting checklist:
6. Proposed timing or schedule (including phasing, if applicable):
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7. Do you have any plans for future expansion, or further activity related to or connected with this
proposal: If yes, explain.
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8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal.
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9. Do you know whether applications are pending for governmental approvals of other proposals
directly affecting the property covered by your proposal? If yes, explain.
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10. List any government approvals or permits that will be needed for your proposal, if known.
Jul 01 08 05: 39P Joel Neyhart 2066235111 P. 5
11. Give a brief, complete description of your proposal, including the proposed uses and the size
of the project and site. There are several questions later in this checklist that ask you to
describe certain aspects of your proposal. You do not need to repeat those answers on this
page. (Lead agencies may modify this form to include additional specific information on
project description.)
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12. What is the location of the proposal? Give sufficient information for a person to understand the
precise location of your proposed project including a street address, if any, and section,
township, and range, if known. If a proposal would occur over a range of area, provide the
range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and
topographic map, if reasonably available. While you should submit any plans required by the
agency, you are not required to duplicate maps or detailed plans submitted with any permit
applications related to this checklist.
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B. ENVIRONMENTAL ELEMENTS:
1. EARTH:
a. General description of the site (circle one): Flat rolling, hilly, steep slopes, mountainous, other
b. What is the steepest slope on the site approximate percent slope)?
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)?
If you know the classification of agricultural soil , specify them and note any prime farmland.
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d_ Are there surface indications or history of unstable soils in the immediate vicinity: If so,
describe.
Mason County Environmental Checklist Page 2
Jul 01 08 05139P Joel Neyhart 2000235111 P. G
e. Describe the purpose, type, and approximate quantities of any filling or grading proposed.
Indicate source of fill.
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f. Could erosion occur as a result of clearing, construction, or use. If so, generally describe.
9- About what percent of the site will be covered with impervious surfaces after project
constructions (for example, asphalt or buildings)?
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h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
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2. AIR:
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a. What types of emissions to the air would result from the proposal (i.e. dust, automobile, odors,
industrial wood smoke) during construction and when the project is completed? If any,
generally describe and give approximate quantities, if known.
b- Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
Mason County Environrnental Checklist Page 3
Jul 01 08 05: 39p Joel Neyhart 2000235111 p. 7
C. Proposed measures to reduce or control emissions or other impacts to air, if any:
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3 WATER:
a. Surface:
1) Is there any surface water body on or in the immediate vicinity of the site (including
year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe
type and provide names. If appropriate, state what stream or river it flows into.
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans.
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3) Estimate the amount of fill and dredge material that would be placed in or removed from
surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill material.
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4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
Page 4
Mason County Environmental Checklist
Jul 01 08 05: 40p Joel Neyhart 2066235111 p. 8
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
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6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
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b. Ground:
1) Will ground water be withdrawn, or will water be discharged to ground water? Give
general description, purpose, and approximate quantities, if known.
2) Describe waste material that will be discharged into the ground from septic tanks or
other sources, if any (for example; domestic sewage, industrial, containing the following
chemicals..., agricultural, etc.). Describe the general size of the system, the number of
such systems, the number of houses to be served (if applicable), or the number of
animals or humans the system(s) are expected to serve.
C. Water runoff (including storm water):
1) Describe the source of runoff (including storm water) and method of collection and
disposal, if any (include quantities, if known). Where will this water flow? Will this flow
into other waters? If so, describe.
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2) Could waste materials enter ground or surface waters: If so, generally describe.
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Mason County Environmental Checklist Page 5
Jul 01 08 05: 40p Joel Neyhart 2066235111 P. 9
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any:
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4. PLANTS:
a. Check or circle types of vegetation found on the site:
deciduous tree: alder,-maple, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
grass
pasture
crop or grain
wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other
other,types of vegetation
b. What kind and amount of vegetation will be removed or altered?
C. List threatened or endangered species known to be on or near the site.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
Mason County Environmental Checklist Page 6
Jul 01 08 05: 41p Joel Neyhart 2066235111 p. 10
5. ANIMALS
a. Circle any birds and animals which have been observed on or near the site or are known to be
on or near the site:
Birds: w heron, ea I songbirds, other
Mammals: ear, elkALj�v, other
Fish: bass, almon trout herring, shellfish, other
b. List any threatened or endangered species known to be on or near the site.
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c. Is the site part of a migration route? If so, explain.
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d. Proposed measures to preserve or enhance wildlife, if any:
6. ENERGY AND NATURAL RESOURCES:
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the
completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc_
b. Would your project affect the potential use of solar energy by adjacent properties: If so,
generally describe.
C. What kinds of energy conservation features are included in the plans of this proposal? List
other proposed measures to reduce or control energy impacts, if any:
Mason County Environmental Checklist Page 7
Jul 01 08 05: 41p Joel Neyhart 2066235111 p. 11
7. ENVIRONMENTAL HEALTH:
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire
and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so,
describe. ,N
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1) Describe special emergency services that might be required.
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2) Proposed measures to reduce or contro,I environmental health hazards, if any:
b. Noise.
1} What types of noise exist in the area which may affect your project (for example: traffic,
equipment, operation, other)?
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)?
Indicate what hour's noise would com_e from the site.
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3) Proposed measures to reduce or control noise i pacts, if any:
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8. LAND AND SHORELINE USE:
a. What is the current use of the site and adjacent properties?
Mason County Environmental Checklist Page 9
Jul 01 08 05: 41p Joel Neyhart 20G6235111 p. 12
b. Has the site been used for agriculture? If so, describe. `
G. Describe any structures on the site.
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d. Will any structures be demolished? If so, what?
e. What is the current zoning classification of the site?
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f. What is the current comprehensive plan designation of the site?
g. If applicable, what is the current Shoreline Master Program designation of the site?
h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify.
i. Approximately how many people would reside or work in the completed project?
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j. Approximately how many people would the completed project displace?
k. Proposed measures to avoid or reduce displacement impacts, if any:
Mason County Environmental Checklist Page 9
Jul 01 08 05: 42p Joel Neyhart 2066235111 p. 13
I. Proposed measures to ensure the proposal is compatible with existing and projected land uses
and plans, if any: ``his C11L,6 tA14ie
9. HOUSING: J
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or
low-income housing. � )
b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or
low-income housing. /v
C. Proposed measures to reduce or control housing impacts, if any:
10. AESTHETICS:
a. What is the tallest height of any proposed structure(s), not including antennas; what is the
principal exterior building material(s)yroposed?
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b. What views in the immediate vicinity would be altered or obstructed?
C. Proposed measures to reduce or control aesthetic impacts, if any:
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Mason County Environmental Checklist Page 10
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Jul 01 08 05: 42p Joel Neyhart 2066235111 p. 14
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
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b. Could light or glare from the finished project be a safety hazard or interfere with views?
No,
C. What existing off-site sources of light or glare may affect your proposal:
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d. Proposed measures to red e or control light and glare impacts, if any:
12. RECREATION:
a. What designated and informal recreational opportunities are in the immediate vicinity?
b. Would the proposed project displace any existing recreational uses? If so, describe.
C. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
Mason County Environmental Checklist Page 11
Jul 01 08 05: 43p Joel Net1hart 2066235111 p. 15
13. HISTORIC AND CULTURAL PRESERVATION:
a. Are there any places or objects listed on, or proposed for, national, state, or local preservation
registers known to be on or next to the site? If so, generally describe.
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b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural
importance known to be on or nexJ to the site.
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C. Proposed measures to reduce Qr control impacts, if any:
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14. TRANSPORTATION:
a. Identify public streets and highways serving the site and describe proposed access to the
existing street system. Show on site plans, if any.
b. Is site,currently served by public transit? if not, what is the approximate distance to the
existing street system? Show on site plans, if any.
C. How many parking spaces would the completed project have? How many would the project
eliminate?
d. Will the proposal require any new roads or streets, or improvements to existing roads or
streets, not including driveways? If so, generally describe (indicate whether public or private).
Mason County Emgronrnental Checklist Page 12
Jul 01 08 05: 43p Joel Neyhart 2066235111 p. 16
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If
so, generally describe. /� SS
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f. How many vehicular trips per day would be generated by the completed project: If known,
indicate when peak volumes would occur.
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g. Proposed measures to reduce or control transportation impacts, if any:
15. PUBLIC SERVICES:
a. Would the project result in an increased need for public service (for example: fire protection,
police protection, health care, schools, other)?
If so, generally describe: / 1 0
b. Proposed measures to reduce or control direct impacts on public services, if any:
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Mason County Environmental Checklist Page 13
Jul 01 08 05: 43p Joel Neyhart 2066235111 p. 17
16. UTILITIES:
a. Circle utilities currently available at the site electricity, natural gas water refu�sarvice,
telephon , sanitary sewer, septic system, othe .
b. Describe the utilities that are proposed for the project, the utility providing the service, and the
general construction activities on the site or in the immediate vicinity which might be needed.
Signature:
The above answers are true and complete to the best of my knowledge. I understand that the
lead agency is relying on them to make its decision.
Signature: "
Date submitted:
Mason County Environmental Checklist Page 14
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