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Home My WebLink AboutSHX2008-00027 JARPA Shoreline SDP Exemption - SHX Permit / Conditions - 9/11/2008 Pyo A-srgTFo� MASON COUNTY MO c DEPARTMENT OF COMMUNITY DEVELOPMENT � � s U = Planning Division i T c P O Box 279, Shelton, WA 98584 moo ti �,o~ (360)427-9670 1864 Exemption from Shoreline Management Act Case No.: SHX2008-00027 Substantial Development Permit Requirement The Proposal By: DOUG NEYHART 315 SENECA ST SEATTLE,WA 98101 To undertake the following development: New/Bridge Replacement projects to include bank armoring around the new bridge abutments and along the shoreline. Within and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2) as being category Please contact Bob Fink at ext 577 if you have a questions. t Issued: 8/28/2008 Expires: 8/28/2010 Authorized Local Government Official cc: APPLICANT WDFW USACOE WDOE TRIBAL COUNCIL f s F 0 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775• Olympia, Washington 98504-7775• (360)407-6300 September 11, 2008 Mason County Planning Dept. Ms. Barbara Adkins, Program Manager Mason County Community Development RECEIVED P O Box 279 Shelton WA 98584 Subject: SHX2008-00027, Shoreline SDP Exemption, Mr. Doug Neyhart Dear Ms. Adkins: Thank you for providing us with a copy of the Exemption from Shoreline Management Act Substantial Development Permit Requirement, SHX2008-00027,that you issued to Mr.Doug Neyhart on August 28, 2008. However, we do not consider this adequate or appropriate notification for an activity of this magnitude. The scope of activities authorized by this exemption is unclear. The exemption which these activities may fall under has not been specifically identified. It is not clear whether all the authorized activities are consistent with the SMP and the SMA. The exemption issued by your department contains one sentence—"New/Bridge Replacement projects to include bank armoring around the new bridge abutments and along the shoreline." The exemption also contains the following statement,which appears intended to justify the exemption based on shoreline regulations—"Within and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2)as being category". Unfortunately, I am unable to discern the meaning of that statement, and remain unclear as to your justification of this exemption. WAC 173-27-050 requires that you notify us in writing of an exemption for any project that also requires federal approval. Work within the banks of the Tahuya River(i.e., armoring)or structures placed above the river(i.e., bridge) require review and approval from the US Army Corps of Engineers. WAC 173-27-050(2) states— "The letter shall indicate the specific exemption provision fiom WAC 173-27-040 that is being applied to the development and provide a summary of the local government's analysis of the consistency of the project with the master program and the act." (emphasis added) You have not met either of these requirements. WAC 173-27-040 is also clear that all other requirements of the Shoreline Management Act (Chapter 90.58 RCW)and your Shoreline Master Program must be met for any activity that is exempt from a Substantial Development Permit. WAC 173-27-040(1)(b) states— "An exemption from the substantial development permit process is not an exemption from compliance with the act or the local master program, nor from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of the applicable master program and the Shoreline Management Act. A development or use that is listed as a conditional use pursuant to the local master program or is an unlisted use,must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a development or use is proposed that does not comply with the bulk,dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance." We have been given no information to demonstrate that the full extent of activities associated with and authorized by this exemption will also be compliant with other requirements of the SMA. The Tahuya River is a critical shoreline resource and its relationship to Hood Canal only increases its significance. We are sensitive to the needs of Mr.Neyhart and do not question the necessity of replacing the bridge and protecting that structure and other appropriate uses in a reasonable manner. Please provide us with a more complete description of the full range of activities that you intend to authorize with this exemption. I welcome the opportunity to talk with you more about this if you would like. Please call me at 360-407-7260,or email at plun461 c ecy.wa. ov, if you have questions or want to talk further. Si Peary J Lund Permitting and Technical Assistance Manager PJL:dn cc: Doug Neyhart Muffy Walker, USACOE Bob Fink,Mason County Tom Young, Assistant Attorney General Paula Ehlers, Ecology .►'�'oN �0°4r7A MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning _ Mason County Bldg. 1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 L 1854 August 12, 2008 Doug Neyhart, Member Neyhart Tahuya Farms Real Estate Investment LLC 2297 Tahuya River Rd. Tahuya, WA 98588 Subject: Administrative Determination Letter dated July 30, 2008 regarding Parcels Numbers 32213-32-00050 and 32213-32-00040 Dear Mr. Neyhart, Because of the State Supreme Court decision in Futurewise v. Washington Growth Management Hearings Board issued July 3 0, and because of our discussion today with your Attorney, Mr. Hoss, and yourself; I am withdrawing the above determination letter. As was discussed, the county needs to sort through the implications of the court decision with respect to your property. We will also use this time to consider the points you raised in the discussion. I have acted today to withdraw the letter not as a final determination that the letter was issued in error or that any particular point was in error,but to allow time for its reconsideration without the necessity of your appeal of the letter tomorrow to protect your interests. If you have any questions or need clarification, you may contact me at(360) 427-9670 ext. 366. Sincerely, 4—"�L '6 �c.i Robert D. Fink Planning Manager Department of Community Development \\CLUSTER1_HOME_SERVER\-IOME\RDF\WP\PROJECTS\2008pro\neyhart.doc P6oN CO MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 >B54 September 26,2008 Mr.Perry Lund,Permitting and Technical Assistance Manager Department of Ecology Southwest Regional Office PO Box 47775 Olympia,WA 98504 Re: Response letter for SHX2008-00027-Neyhart Tahuya Farms Bridge Project Dear Mr. Lund, In response to your letter dated August 28,2008,Mason County submits the following additional information regarding the above shoreline exemption. The Neyhart Tahuya Farms project was originally verbally approved as an emergency repair in December 2007 immediately after that month's storm event. As understood,the project was the replacement and/or repair of a bridge, abutments, approaches, and erosion protection of the abutments. The original conditions of approval consisted of 1)widening and raising the bridge so that it is higher than the base flood event, and 2) applying for needed permits after the fact. Staff believed at the time(without the benefit of drawn plans for the work, a site inspection, nor other information normally required)that the required permits would include a building permit, a shoreline exemption, and SEPA. The situation just before the issuance of the exemption and building permit in August was that the bridge had been rebuilt,but earthwork around the abutments and erosion control work had not been completed. Applications had been made for a building permit, shoreline exemption and SEPA review,but were deemed incomplete. A stop work order had been issued by the county. Mitigation for the work had not been done. We had also just received better plans. Because of the unfinished work,the abutments appeared to be at risk from erosion and vibration from use; and silt and other material were eroding into the Tahuya River. A site inspection on August 21, 2008 identified these safety and pollution problems. Because of f , Perry Lund September 26, 2008 Page Two conditions on site,county planner Ryan Crater recommended that the"Stop Work"order be lifted and permits issued to allow immediate completion of the work necessary to control erosion into the river and to protect the abutments After further review of the permit application, an exemption as normal maintenance was granted from a substantial development permit under WAC 173-27-40 (2)(b). Some or all of the project might also be exempt under WAC 173-27-40(2)(e) as argued by the applicant's representative,but it was unnecessary to reach that determination. Similarly, because there was active erosion of the river bank causing pollution and threatening the new bridge abutments as observed by Ryan Crater,the project may also have been eligible for an emergency exemption, as first granted. However, again it was unnecessary to reach that determination. Mason County determined that due to the storm damage and altered site conditions, development identical to the pre-existing development was not possible or desirable. This was recognized in the original(December 2007)permit conditions. Therefore a comparable structure, approach, and armoring were authorized. Mason County also determined that the project did not need a conditional use permit or a variance as the work/project was normal maintenance and the use as well as the non- conforming aspects of the project were pre-existing.. The Neyhart Tahuya Farms Bridge building permit(BLD2008-00318)was conditioned such that the project must be consistent with all applicable policies and provisions of the Shoreline Management Act. A tentative site plan was submitted,but due to site conditions a final site plan will be drawn up once the construction is completed. Final review for consistency with all permit conditions will be reviewed during that time. I have included the following information for your review: 1. Three site plans showing the approximate site conditions before the storm, after, and the new replacement bridge. 2. First proposed site plan of new bridge from July 1, 2008. 3. Permit conditions for BLD2008-00318. 4. Final site plan of proposed new/replacement bridge. (Tentative—Pending an as build inspection). I r Perry Lund September 26,2008 Page Three If you have any further questions,please contact me or Bob Fink at 360-427-9670 at Ext. 366. Regards, �� Robert D. Fink,AICP Planning Manager cam,�-an ,� "`•�' �� ' �� C�' '� � �� y � *IJ brJ 0 00000, 1 4tw bcnn� �'/h c�✓��L o� . Jul 01 08 05:44p Joel Neyhart 2066235111 p. 18 r, i Z2. 9 �"� ck��p fVE2 26l�D PARC5t NOT 3z 213-32-00o�O -Q Cl- >z i ri0(�SC 1 i pu�.p i �oGsc NoR�+�ti SCAIE I"!lo' �I C33 r� x AQ TR,L= La wI!k 22 9:7 TA, cOY-P RJVE-12 RcAP sNo� f3�f`tv F'A R Ce L N o.3 Z Z 1:?-22-0 Dc.�o W pFrtU�: 3,5 p�Res f TOPOGRAPHY PROFIL : �To 6 Q c Direction: Sc { Approval:roromce use Building Permit numxxber: &L DZOD//b// `OCR 3�p �f� ' Building: Owner/Applicant: �IOUG /U��Y119�� Date of Planning: o o 0 � O application: Env.Health: Parcel Number:' 3 Z1 Z00 i I 7/LJ/4VV0 Conditions Associated With 5:12:29PM Case #: BLD2008-00318 IP10 ertnit Condition Status updated `item# Code Title Status Changed By Tag Date By 1) 1000 ENGINEER APPROVAL NOT ML 1, 8/28/2008 RT13 Owner will submit a letter from the Engineer of record to the Mason County Building Department approving the structural adequacy and placement of prefabricated bridge,new bridge abutments,attachment to new abutments,and bridge approachs. This letter will be required prior to final approval of permit. Submit letter to Mason County Building Dept.Bldg.I11426 W.Cedar st.or mail to P.O.Box 186 Shelton WA 98584 X 2) 1000 "CUSTOM CONDITION NOT MET 4/18/2008 RTB Engineer of record has approved existing abutments see abutment Engineering attached. X 3) 1002 ADDRESS/ROAD SIGNING NOT MET 4/18/2008 RTB Owner/Agent is responsible to post the assigned address and/or purchase and post private road signs in accordance with Mason County Title 14.28. X 4) 5003 ALL CONSTRUCTION NOT MET 4/18/2008 RTB All construction must meet or exceed all local ordinances and the international codes requirements as adopted and amended by Mason County and the State of Washington. Occupancy is limited to the approved and permitted classification. Any non-approved change of use or occupancy would result in permit revocation. X 5) 320 All Necessary Permit Required NOT MET 4/18/2008 RTB All other necessary permits from Mason County,Washington State and/or Federal Agencies that are required for this proposed development and construction must be obtained PRIOR TO SAME DEVELOPMENT AND CONSTRUCTION.X 6) 5030 CHANGES TO APPROVED PLANS NOT MET 4/18/2008 RTB All changes to"approved"building plans that effect compliance with the international codes as amended and adopted,or any other Mason County ordinance or regulation,must be reviewed and approved by Mason County prior to construction. X 7) 5002 ENGINEERING OR ARCHITECTURE NOT MET 4/18/2008 RTB Any changes in proposed construction shall be reviewed by the engineer or architect of record and submitted in writing to the Mason County Building Department prior to construction. All engineering and/or architectural documents are a part of the approved set of plans and shall remain attached thereto. If documents are removed, approval will not be granted. In addition,a re-inspection fee(refer to current fee schedule,minimum 1 hour) will be charged and shall be collected by the Building Department prior to any further inspections being performed or approvals granted.. X 8) 5045 FIELD CORRECT NOT MET 4/18/2008 RTB CONSTRUCTION PROCESS TO BE FIELD CORRECTED AS REQUIRED PER MASON COUNTY BUILDING DEPARTMENT AND THE ADOPTED BUILDING CODE. The construction of the permitted project is subject to inspections by the Mason County Building Department. All construction must be in conformance with the international codes as amended and Adopted by Mason County. Any corrections,changes or alterations required by a Mason County Building Inspector shall be made prior to requesting additional inspections. X Page l of 4 CaseConditions..rpt a. ¢yyx y-' �►1P"..�"� Air r � . • 4 K4. -. ) v� j s T _ _ i c tr • v - y. .11y } -6F � . �• _.>y`_ •.� � - - - s- _ �Y _ - _- - - _ ��-! ^tip_ Y Z,r — � -� -t+ f' ��- q, +,c n - -�r RM 5 ..r N f I � I w � KA { z 71 1+4J Y£ 5< - !i I a co 7457 1 4 i rAHVYa 7 �b Cl RIVER Cl C-0 ROAD N 11 ® tv m N .A a` o — a= R 3 W _ — R2W � 11 I MASON COUNTY DEPARTMENT OF COMMUNTIY DEVELOPMENT Courthouse Annex P.O.Box 279,Shelton,WA 98594 (360)427-9670 SHORELINE PERMIT AULICATION PERMIT NO. SHORELINE SUBSTANTIAL DEVELOPMENT SHORELINE VARIANCE DATE RECEIVED SHORELINE CONDITIONAL USE SHORELINE EXEMPTION The Washington State Shoreline Management Act(RCW 90.58) requires that substantial devel within es designated shorelin of the state comply with its administrative procedures(WAC 173-14)and the pro�viao s of the Mason County Shoreline Management Master Program The purpose of this Act and local program is to tect the State's shoreline resources. The Program requires that substantial development(any development of which to total cost or fair market value exceeds$5,000.00 or materially interferes with the normal public use of the��aber or shorelines of the State be reviewed with the goals,polices,and performance standards established in the,Master Program. Answer an .questions completely. Attach any additional information that my further describe the proposed dcvelopmCuL Incomplete applications will be rettnned. APPLICANT: V1 tN Tcs, J rWv-,4 L'V ADDRESS: Z Z r 1 J -J ew (city) ) (ap) TELEPHONE: (ho-) k(business) AUTHORIZED REPRESENTATIVE: I L 1 �VI i'i(1'tl S7G� r, j ADDRESS: 1A1 A-,� F ( ) � � L F 26 ( ) ((zip)) TELEPHONE: PROPERTY DESCRIPTION: Tty 3`Z 00 000SfO General location(include property address,water body and associated wedands—.identify the name of the I shoreline): '� �`1 J�,(rA I •+��t! try/ I I Legal description(include section, township, and range to the nearest quarter, quarter section or lati4d. and longitude to the nearest nmmutc. Projects located in open water areas away from land shall provide a ngitude location)—include all parcel numbers: �d aLlovL OWNERSHIP:. Contract Apphcaat /y, Owner Lessee Purchaser (Identify). Oder owner. Lj 'l �'ry I (etreet) ' (may) (state). 1.'\PLANNDK3pHARELL&RENERtSHORM2WERbUrAPP REVISED:06.25-03 ! I c ` DEVELOPMENT DESCRIPTON Development(identify and describe the proposed project,including the type of materials to be used,construction methods,principle dimensions,and other pertinent information): C Use(identify current use of property with exist improvements: Clhl^i L VL �LL� 0�7 i Reason for requesting development �L ACKOVaMGEMENf I hereby declare,to the best of my knowledge and belief,the forgoing information and all attached information is true and correct. (applicant or authorized representative) (date) .............................................................................. TO BE COMPLETED BY LOCAL OFFICIAL Identify and describe existing features of the site and surrounding area: i If proposed structures will exceed a height of 35 feet above the existing grade level,indicate the location of auy residential units that will have an obstructive view: j If a Conditional Use or Variance is requested,make reference to the appropriate section in the Master Program: LAP HOREUNEPERMrr."P REVISED:06.25-03 THE SHORELINE PERMIT PROCESS I Publication cost is the responsibility of the applicant. Final permit processing will not occ� until advertising fees have been paid to the newspaper by the applicant.The Shelton-Mason County Journal will bill the applicant directly. VWE understand that I/WE must sign and date the.attached acknowledgement indicating that UWE understand that is MY/OUR responsibility. UWE must submit the signed page as paft of this application in order for it to be considered as complete. i � �� • i DATE i O*NE�O I APPLI � J � 1I i ' f i i i .f • i f i THE SHORELINE PERMIT PROCESS LIST OF ADJACENT PROPERTY OWNERS i WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR CONDMONAL USE AND VARIANCE i i I Addresses may be obtained from the Mason County Assessor's Office,Building I,Second Floor. �0 6(q 3 � i � �► � � w,q- q�Sg ►ivy-�✓ yyLq74 �� r.�. �^►e� �' d � � vim- `I � 3 I .Z i i I I /�- EXISTING ROCK EXISTING LARGE WOOD TO REMAIN IOFT PROPOSED 8'-10' RIP RAP AS NEEDED A A PROPOSED 3 (MAX) 8'-10' RIP RAP 1 .,.. w R 26FT+ 26FT+ EXISTING BRIDGE ABUTMENT (TYP) A A 1.5FT PROPOSED } MAN TO 2'-3 1 MAN ROCK (TYP) 4 1 i DOUG NEYHART 2297 TAHUYA RIVER ROAD PROJECT/ LOCATION 1 I 3Fr BANK PROTECTION 1 TOP VIEW I TAHUYA, WASHINGTON �--7.5FT --I CONTRACTOR, DOUG NEYHART 2297 TAHUYA RIVER ROAD SECTION A-A EDGE PROTECTION TAHUYA, WASHINGTON NTS DRAWN BY, DATE, ENGINEERS REV[SIONS, MCS 06/26/08 TECH ENGINEERING REV.DESCRIPTION v OATE 74 NE HURD ROAD DESIGNED BY, DATE- Michael Staten, P.E. 06/26/08 NE BELFAIR, WASHINGTON 98528 SHEET ^ PHONE- (360) 275-9374 -- LJ FAX4 (360) 275-4789 SHEET 2 OF 2 EXISTING BRIDGE •-79' •} PROPOSED 8'-10' RIP RAP ., 1.5' MIN. .,• THICKNESS 2 (MIN) -------------Q----------- 6' - 10' EXISTING BRIDGE { AEXISTING BUTMENT BRIDGE ABUTMENT (TYP) rc 2' -- PROPOSED MAN TO 2'-3' 1 MAN ROCK (TYP) 40' PROJECT/ LOCATION, BANK PROTECTION SIDE VIEW DOUG NEYHART 2297 TAHUYA RIVER ROAD TAHUYA, WASHINGTON CONTRACTOR, DOUG NEYHART 2297 TAHUYA RIVER ROAD TAHUYA, WASHINGTON DRAWN BY, DATE PB 06/26/08 ENGINEER, REVISIONS; DESIGNED BYE DATE, ENVIROTECH ENGINEERING REV.DESCRIPTION --BY DATE Michael Staten, P.E. 06/26/08 74 NE HURD ROAD BELFAIR, WASHINGTON 98528 SHEET PHONE, (360) 275-9374 FAX: (360) 275-4789 SHEET 1 OF 2 I Jul 23 08 02: 29p Joel Neyhart 2000235111 p. 2 � .. TM AGENCY USIid{1LY' • J4�tnry rlefcreilco A: 1, �L mle Put 16 dt ,c;tgiriat�:�b,� _ �T_� __..___..---- __ (1�'e�l�sii>�,.u:(-a encyj �..�+ ./ _^ • JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (JARPA) (far use in Washington State) t :1 PLEASE TYPE OR PRINT IN BLACK INK. �� TO FILL IN ELECTRONICALLY USE Ftt TO MOVE THROUGH THE FORM ❑ Application for a Fish Habitat Entrancement Project per requirements of ROW 77.55.290. You must submit a copy of this completed JARPA application form and the (Fish I-labitat Enhancement JARPA Addition)to your local Government Planning Department and Washington Department of fish &Wildlife Area Habitat Biologist on the same day. MOTE: 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) ❑ Local Government for shoreline: []Substantial Development []Conditional Use [-jVariance NExemption []Revision []Floodplain Management []Critical Areas Ordinance 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 ❑ Corps 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 only: 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 Urls application. Be sure to ALSO complete Section C(Slgnature Block)for all pennit applications. 1.APPLICANT MAILING ADDRE S _ WORK PHONE ti1A1L ADDRESS_ HOME PHONE ' FAX# If an agent Is acting for the appllcarrt during the perrnFt process, complete#2, Be sure agent signs Section C(Signature Block) for all permit applications 2.AU-FHORiZED AGENT MAILING ADDRESS ---WORK PHONE PHONE E-MAIL ADDRESS HOME PHONE FAX# 3.Relationship of applicant to property: OWNER ❑ PURCHASER ❑ LESSEE ❑ 4. Name,address and phone number of property owner(s)if other than applicant: 5. Location (street address,n)eluding ci( county and zip code,where proposed activi exists or will occur) Local government with juris c,tion (cit y or county) WMD I� /�f f�' Tributary of WRIA Waterbody you are working in tF Is this walerbody on the 303(d)List- YES U NO If YES,what parameter(s)? **For 303d List, Shoreline designation httpa/www.ocv.wa.cLovlproc}rams/wy1303dlinrlex.html �-- � Zoning designation f,, y cv eFv /+Sectlon Se lion Township age Go�:ernmen(Lot �1 2 Z1 DNR stream type if known l(`� Latitude and Longitude Fax Parcel Nurnberg ECY 070-15(Rev. 11/04) JARPA Contact the State of Washlnyton Office of Requlatory Assistance for latest version or call 360/407-7037 or 80 019 1 7-004 3 l Jul 23 08 02: 30p Joel Neyhart 2066235111 p. 3 6. Describe tho current use of the property,and structures oxisting on the property. Have you completed any portion of the proposed activity on 11118 property? ❑ YES ❑ NO For an portion of the proposed activity already.compteted on this property,Indicate month and year of completion. Is the property agricultural land? YES ❑ NO Are you a USDA program participant? YES NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for-4 work waterward of the ordinary high water mark or line,including types of equipment to be used. If applying for a shoreline permit,describe all 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. te PREPARATION OF DRAwtNGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUC113LE DRAMMGS MUST eC ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site.but lliese DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-1/2 X I I 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 design. �nU� �� /f?i�J �� ,s°Z�(�!^..�• 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 offish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. 7d. For in water construction work,will your project be in compliance with the State of Washington water quality standards for turbidity WAC 173.201A-1101 YES NO See USEFUL DEFINITIONS AND INSTRUCTIONS) a. Will the project be constructed in stages? YES NO C] Proposed starting date: Estimated duration of activity: 9. Check if any temporary or permanent structures will be placed: bd Waterward of the ordinary high water mark or line for fresh or ti al 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: Waterward of the ordinary high water mark or line for fresh waters?roe`/-ZOC- 2/'"T'C'T L�7Z If YES,VOLUME_(cubic yards) /AREA (acres) Q � �j��dX 3�� _S/S s7Z, [] Waterward of the mean higher high water for tidal waters? If YES,VOLUME(cubic yards) /AREA (acres) /C 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 Jul 23 08 02: 30p Joel Neyhart 20GG235111 p. 4 1. Will material be placed in wetlands? E} YES mo • if YES: A. Impacted area in acres: B. Has a delineation been completed? If YES,please submit with application. ❑ YES [] 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.) E. Material source: 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 informatil can be obtained from the nalurat Resources Conservation Service(NRCS). G. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES FIO If YES,IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE:Ii your project will Impact greater than Y:of an acre of wetland,submit a mitigation plan to the Corps and Ecology for approval a"with the JARPA loan. NOTE A 401 water quatlly certificalon will be required from Ecology in addition to an approved mitigation plan if your project impacts wetlands that are: a)greater than V.acre In size, orb)tidal wetlands or wetlands adjaoent to tidal water. Please submit the JARPA form and mitigation plan b Ecoogy for an Individual 401 certification 10)orb)apptles. 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. ❑ YES X NO If YES—Which manual will your project be designed to meet? If NO--For clean water act Section 401 and 404 permits only—Please submit to Ecology for approval, along with this JARPA application,documentation that demonstrates the stormwater runoff from your projector 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 (acro) 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 YES [] NO SEPA Lead Agency: 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 discharge 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 existin j work on drawings. NOTE: For use with Corps Nationwide Permits,identify whether your project h; or will need an NPDES permit for discharging wastewater and/or stormwater. TYPEOFAPPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATEAPPnOVED COIAPLETE NO. 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 NO if YES,explain: ECY 070-15(Rev. 11l04) JARPA Contact the Stale of Washington Office of Re ulatM Assista ce for latest version or call 360/407-7037 or 8001917-004 Jul 23 08 02: 31p Joel Neyhart 2066235111 P. 5 SECTION 8- Use for Stiorettne and Corps of Engineers permits only; �1 jptiT9t9,19991 Pf pr9 J1 ThjU Moro t5 lho feir mafitet YM110 of the t)roierrt,indlifiina MaIM015,labor,awhine re1)lals' etc. f S �u -ov 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. - Pfease note: Shoreline Management Compliance nlay require additional notice--consult your local government. NAME ADDRESS PHONE NUMBER SECTION C-ThJs section AWST be corn Cfeted for an ernlit covered bz Oils a fication 20. Application is hereby made for a penult 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(lie agencies to which this applicatio made,the right to enter the above-described location to inspect the proposed,In-progress or completed work. i agree to sta wo t3N Y after II cessary permits have been received. � DATE A /— /, /O/v'_'A� SIGNATU OF PLICANTQ� ATE ztz" wx� SIGNATURE Or AUTHORIZED AGENT I HEREBY DESIGNATE M� 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 SIGN5D BY THE APPLICANT AND THE AGENT,iF AN AUTIIOPIZED AGENT IS DESIGNATED. 18 U.S.0§1001 provides that: Whoever,in any mannerwithin 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.sarne 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. <A �la�tlr bf ttie ekistlrtg h�f `e T06�66e lype df: hor�ltiti,.;subh`2f ri 'rind'sire r>t,jak!';.lagotlh,�hia�sfx, „sW fyt,tl0�i! `lalrt tloodW eft at h� `r ''ofi a ail r�tl er slot h'i' h`bnk ! w 6aIt�C vr`d k� rlai�i f iUeh"ssd; rave iriud cfa on, Q. . , g _ 1 . f f a ., ,i g,. ►, r ':.: roctk rj{irapr'pnd ex(8hi drid tyj3rA b�rbtti)t;hGladln�,If any). t , `g ls1 tf1 0� ; di lleGe tliyinth ialy tt thy, o 3s dul C uresiW angsu bove the�� ra a gradt:'level, If`idiapt ;fFl�'� iYoklltiafe Ics�aifb. titt�,'rfWtiifiec of iesiElettlll.Fthtl�a;(j�?(%�if4� id pdtfttlal,�.ltttitwlll have dti b�i3(rtict�d:�lit3W:' :U IF tlid apnlic'Itlon in'voives a¢oK�ii'tldnaf use or V.2riartce,set fdtih to ttltt that pdrttdOi.bf the matter pro.§ramvJjticb,pi'd dbs lhat�the" ;pt�posed usb rrtay tie 7 co dtlto061 ttse ¢r l)a the base bf a vaiidnl i3,trfltll y3iii4tf tI1@ var�arlct;Ig txalrtg soughll . These Agencies are Equal Opportunity and Arrimialive Action employers. For special.accommodation needs,please contact the appropriate agency in the instructions ECY 070-15(Rev. 11104) JARPA Contact the State of Washington Office of Reaulatory Assistance for latest version or call 360/407-7037 or 800/917-0043 4 I STATE a� 0 �� — m =i o �k' 1889�pY STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 a Olympia, Washington 98504-7775• (360)407-6300 September 11, 2008 Mason Counh'Planning po SEP ' Dept. Ms. Barbara Adkins,Program Manager 1 ft Mason County Community Development RECEIVED P O Box 279 Shelton WA 98584 Subject: SHX2008-00027, Shoreline SDP Exemption, Mr. Doug Neyhart Dear Ms. Adkins: Thank you for providing us with a copy of the Exemption from Shoreline Management Act Substantial Development Permit Requirement, SHX2008-00027,that you issued to Mr. Doug Neyhart on August 28,2008. However,we do not consider this adequate or appropriate notification for an activity of this magnitude. The scope of activities authorized by this exemption is unclear. The exemption which these activities may fall under has not been specifically identified. It is not clear whether all the authorized activities are consistent with the SMP and the SMA. The exemption issued by your department contains one sentence—"New/Bridge Replacement projects to include bank armoring around the new bridge abutments and along the shoreline." The exemption also contains the following statement, which appears intended to justify the exemption based on shoreline regulations—"Within and/or its associated wetlands is exempt from the requirement of substantial development because the development is categorized under WAC 173-27-040(2)as being category". Unfortunately, I am unable to discern the meaning of that statement, and remain unclear as to your justification of this exemption. WAC 173-27-050 requires that you notify us in writing of an exemption for any project that also requires federal approval. Work within the banks of the Tahuya River(i.e., armoring)or structures placed above the river(i.e.,bridge) require review and approval from the US Army Corps of Engineers. WAC 173-27-050(2) states— "The letter shall indicate the specific exemption provision from WAC 173-27-040 that is being applied to the development and provide a summary of the local government's analysis of the consistency of the project with the master program and the act." (emphasis added) 1 You have not met either of these requirements. WAC 173-27-040 is also clear that all other requirements of the Shoreline Management Act (Chapter 90.58 RCW) and your Shoreline Master Program must be met for any activity that is exempt from a Substantial Development Permit. WAC 173-27-040(l)(b)states— "An exemption from the substantial development permit process is not an exemption from compliance with the act or the local master program, nor from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of the applicable master program and the Shoreline Management Act. A development or use that is listed as a conditional use pursuant to the local master program or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. When a development or use is proposed that does not comply with the bulk,dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance." We have been given no information to demonstrate that the full extent of activities associated with and authorized by this exemption will also be compliant with other requirements of the SMA. The Tahuya River is a critical shoreline resource and its relationship to Hood Canal only increases its significance. We are sensitive to the needs of Mr. Neyhart and do not question the necessity of replacing the bridge and protecting that structure and other appropriate uses in a reasonable manner. Please provide us with a more complete description of the full range of activities that you intend to authorize with this exemption. I welcome the opportunity to talk with you more about this if you would like. Please call me at 360-407-7260, or email at plun461 a,ecy.wa.go_v, if you have questions or want to talk further. Si e y,. Perry J Lund Permitting and Technical Assistance Manager PJL:dn cc: Doug Neyhart Muffy Walker, USACOE Bob Fink, Mason County Tom Young,Assistant Attorney General Paula Ehlers, Ecology � t °e0 °pOh, MASON COUNTY Shelton (360) 427-9670 A DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1854 July 31, 2008 Neyhart Tahuya Farms LLC 2297 Tahuya River Rd Tahuya, WA 98588 Re: Shoreline Permit application for SHX2008-00027 (Exemptions Status) APPLICATION DENIED Dear Mr. Neyhart Your application for exemption status under the Mason County Shoreline Master Program has been DENIED for the following reasons: Shoreline Substantial Development Permit The proposed bridge is not exempt under WAC 173-27-040 (2) (e), Please see WAC 173- 27-040 (1)(a), (b), (c), and(d). As explained by the applicant, the total project(s) costs exceed $ 50,001. The application must address the policies of the Mason County Comprehensive Plan Shoreline Master Program and the Use Regulations of the MCSMP 17.50.060 for Transportation Facilities. The bank protection is not exempt and requires a substantial development permit per the Mason County Shoreline Master Program (MCSMP)Use Regulations 17.50 matrix. The application must address the policies of the Mason County Comprehensive Plan Shoreline Master Program and the Use Regulations of the MCSMP 17.50.060 for Flood Protection and Shoreline Stabilization. Shoreline Conditional Use Permit Per the MCSMP Landfill &Transportation chapters a Conditional Use Permit is required. - The application must address the policies of the Mason County Comprehensive Plan Shoreline Master Program and the use regulations of the MCSMP 17.50.060 for Landfill and Transportation Facilities. In addition, the application must also demonstrate the proposal meets the requirements of 17.50.080 Conditional Uses. Shoreline Variance Application Per MCSMP 17.50.060 Transportation Facilities#2 "Bridge approach fills shall not encroach in the floodway of any stream or river."Bridge approaches require a shoreline variance. If you have any questions, I can be reached at 360-427-9670 at ext. 577. Regards, Ryan Crater Land Use Planner/Code Enforcement Planning Department/Mason County CO Mason County Department of Community Development 411 N. 5' P.O. Box 279 — Shelton, WA 98584 1854 July 30, 2008 Doug Neyhart 2297 Tahuya River Rd Tahuya, WA 98588 RE: Administrative Determination Letter Proposed development: Bridge spanning Tahuya River Floodway with associated bank armoring. Parcel number: 32213-32-00050(Work also includes parcel#32213-32-00040) Zoning:Agriculture Resource Lands Shoreline Master Program Environmental Designation: Urban Dear Mr. Neyhart, After full review of the information you have provided thus far for the above project(s), I have determined that several Planning Department regulations are applicable, which must be approved before the project can proceed further. These requirements are in addition to the building permit application you already submitted. Please be advised that applications for permits are not guarantee of approval. The following are considered Type III reviews per the Mason County Code 15.03.050 and require a public hearing with the Mason County Hearing Examiner. It is important to note that you have not provided sufficient information or complete applications with site plans and appropriate application fees. We have made several requests to obtain such information, but have yet to receive full compliance. This letter outlines what is required for the processing of your permit application, and shall serve as a final Administrative Determination. Resource Ordinance (Mason Environmental Permit(MEP)) Per the Mason County Resource Ordinance (MCRO) Fish& Wildlife Habitat Conservation Areas chapter, section 17.01.110 (G)(2)(a) a MEP is required. Per the MCRO section 17.01.110 (G)(e) a MEP and Habitat Management Plan(HMP) is required. Mason County Flood Damage Prevention Ordinance The location of the proposed project(s) are located within the mapped Tahuya River Floodway. All proposed projects are subject to full compliance with this ordinance per Section 4.1-1. Applicant must specifically address Sections 4.1-2 and 5.4. Shoreline Substantial Development Permit The proposed bridge is not exempt under WAC 173-27-040(2) (e),Please see WAC 173-27-040 (1)(a), (b), (c), and(d). As explained by the applicant,the total project(s)costs exceed$ 50,001. The application must address the policies of the Mason County Comprehensive Plan Shoreline Master Program and the Use Regulations of the MCSMP 17.50.060 for Transportation Facilities. The bank protection is not exempt and requires a substantial development permit per the Mason County Shoreline Master Program(MCSMP)Use Regulations 17.50 matrix. The application must address the policies of the Mason County Comprehensive Plan Shoreline Master Program and the Use Regulations of the MCSMP 17.50.060 for Flood Protection and Shoreline Stabilization. Shoreline Conditional Use Permit Per the MCSMP Landfill&Transportation chapters a Conditional Use Permit is required. The application must address the policies of the Mason County Comprehensive Plan Shoreline Master Program and the use regulations of the MCSMP 17.50.060 for Landfill and Transportation Facilities. In addition,the application must also demonstrate the proposal meets the requirements of 17.50.080 Conditional Uses. Shoreline Variance Application Per MCSMP 17.50.060 Transportation Facilities#2 "Bridge approach fills shall not encroach in the floodway of any stream or river."Bridge approaches require a shoreline variance. Mason County Environmental Policy(SEPA) Resubmit your Mason County Environmental Checklist with associated fee. Applications and fees associated with the above information can be obtained from the Permit Assistance Center(PAC) located in building 3. Your permit review will not move forward until all applications and fees are submitted at the PAC. This letter acknowledges that other permits may be required from other departments and/or agencies. Mason County may request additional information upon submittal of the above requested information. I have attempted to include as much information as possible. You can find all of the referenced regulations at www.co.mason.wa.us. Please do not hesitate to contact me should you have any questions. I can be reached at 360.427.9670. Sincerely, Ryan Crater, Land Use Planner/Code Enforcement Officer cc. Rick Hoss, Hoss &Wilson-Hoss, LLP—Attorney at Law Pam Bennett-Cumming, Mason County Planner Kim Vanzwalenberg, WDOE - Shorelands Specialist Gloria Rodgers, WDFW—Area Habitat Biologist Marty Ereth, Skokomish Tribal Nation—Habitat Protection Biologist Parcel File for both parcels listed above. Ryan Crater- Re: Fwd: ENF2008-00021 Page 2 t Gloria Rogers Area Habitat Biologist Washington Department of Fish and Wildlife 48 Devonshire Rd Montesano, WA 98563 360-249-4628 x 249 >>> "Pam Bennett-Cumming" <PamBC@co.mason.wa.us> 3/13/2008 5:00 PM >>> Wow! doesnt exactly look like he described it... but I knew it would look bad,just not necessarily that gargantuan. I know he worked with Gloria, and what I actually told him, since he told me he was able to get a bridge THAT WEEKEND right after the flood, and his farm was cut off from access and feed for the animals, was do what Gloria said about putting the abutments back from the creek, and turn in the permits asap. What I did NOT say was and if the bridge doesnt arrive, you dont have to turn in permits yet. He needs to get started right now. Not sure what the ecology blocks are for. He will definitely need engineering for the bridge. He'll definitely need engineering (standard procedure for a bridge project, even if a replacement of storm damage), and if there is fill for the approaches, his engineer will have to show that it doesn't increase the BFE for the floodway. The second I am checking on.... Pam Bennett-Cumming, M.E.S Senior Planner-Water Resource Planning Mason County Department of Community Development 411 North 5th PO Box 279 Shelton, WA 98584 phone: (360)427-9670 x287 fax: (360)427-8425 email: pambc@co.mason.wa.us >>> Ryan Crater 3/13/2008 4:44 PM >>> Pam and Jim see attached message. Gloria -was an HPA issued for this work? Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 ---------------- --- ---`-- Ryan Crater- Re: Fwd: ENF2008-00021 Page 1 WZ008 -00000LI From: "Gloria Rogers" <rogergsr@DFW.WA.GOV> To: <JimSc@co.mason.wa.us>, <PamBC@co.mason.wa.us>,... Date: 3/14/2008 3:51 pm Subject: Re: Fwd: ENF2008-00021 Hello All, On 12/19/2007, Debbie Carnevali reviewed the site. Deb helped me out on the Tahuya and Union Rivers during the storm. She issued an expedited HPA on 12/21/2007. The expiration date was 1/15/2008. She made it very clear to Doug that he was to contact the county to obtain all of your permits. I just happened to be at Doug's looking at a different project on 3/10 and had the chance to see the bridge project. I was surprise to see the project had not been completed. Doug was informed that he must now obtain all permits prior to any further work since an emergency no longer exists. I will not issue the HPA until the SEPA process has been completed by the county. As far as the footings go, the toe of the footing on the right bank (RB)seemed pretty substantial (wide) but it looked like it had been placed as required in the HPA. I can look again. He was and will be required to remove the old bridge and footings. The concrete blocks were to be repositioned. The new permit will have him remove the blocks now with the bridge/footings and then reinstall them during the work window. He was also talking about constructing a footing and/or placing riprap in front of them,just to give you a heads up. All the above mentioned material will be removed and placed on the land above the limits of the flood water...not on the banks nor on the flat in the bend of the river! Also, he does not think he can remove the RIB footing. If it can not be lifted out, the footing may have to be excavate down to the scour level then cut off. Here is another heads up. DNR contacted me about a program to remove the storm woody debris from agricultural lands. Doug has applied for this help. Instead of burning all the woody material, I have suggested the material be used to fill a scour hole just north of his training track on the river's edge. Doug wanted to place riprap. This fix is great for fish and is considered to be an bioengineering alternative to riprap. A down stream log jam helped create the hole. Some of the remaining logs will be swung around and the material placed behind them. Some logs will be driven like piles to hold the material in place. There is going to have to be a short turn around for this permit. Equipment will be heading to Lewis County as soon as the muck dries out a bit more, maybe as soon as three weeks. I have asked DNR to figure out if they will be able to exempt the work otherwise we need to talk and hopefully figure out something. Due to past activities, the neighbors have been quite concerned with the construction activities. You will probably receive some calls as well. Hope this information helps. Ryan Crater RE: 25-blocks sticking out, right bank looking downstream Page 1 l t From: "Marty Ereth" <marty@Skokomish.org> To: "Ryan Crater" <RyanC@co.mason.wa.us> Date: 6/17/2008 3:39 pm Subject: RE: 25- blocks sticking out, right bank looking downstream CC: "Gloria Rogers" <rogergsr@DFW.WA.GOV> Ryan, would like to meet with you and Gloria on this case. However, my time is extremely limited over the next few weeks. I don't have any time available this week. Next week I have some time after about 2:30pm on Monday only. I have full day meetings in Olympia on Tuesday, Wednesday and Thursday. I may have some time next Friday available, depending on if a DNR ID team can be moved from the 25th to the 27th. Even so, should be available for a few hours on Friday but Monday afternoon is probably our best bet for now. Thanks. Marty Ereth Habitat Biologist Skokomish DNR (360)877-2110 x451 marty@skokomish.org -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Friday, June 13, 2008 3:27 PM To: Marty Ereth Subject: RE: 25- blocks sticking out, right bank looking downstream Marty, Would you like to meet regarding the Neyhart case? We are having some trouble with this and would welcome any help you can provide. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 >>> "Marty Ereth" <marty@Skokomish.org>6/12/2008 5:09 pm >>> When did Doug put in the huge Eco block wall? Marty Ryan Crater- RE: 25- blocks sticking out, right bank looking downstream Page 1] From: "Marty Ereth" <marty@Skokomish.org> Date: 6/17/2008 3:33 pm Subject: RE: 25- blocks sticking out, right bank looking downstream Thanks for the update. [NartyEreth Habitat Biologist SkokomiohONR (3K60)877-2110x451 morty@skokonn/oh.org -----Original Message--- Fronn: Ryan Cnoter[nnai|to:RyanC@co.maann.vvous] Sent: Friday, June 13. 2U088:20AM � To: Pam Bennett-Cumming; Gloria Rogers; kvnn461@aoyma.gov; rhoou@hcbc.00m; nayhort@mon.com; Marty EraUh Subject: RE: 25' blocks sticking out, right bank looking downstream Marty After reviewing the parcel file | see that there are no permits nr � approvals from Mason County on file for the wall inquestion. | dnsee � that sometime around 3-27'97aJARPA was submitted for some wall work along with permits from the County. |n the files it shows o site plan for o wall, but itio very different from what ioon site now and its placed ina different location. Changes to site plans can only occur upon approval from the County,which in this case none was given. If Mr. Neyhart wants bo keep the current wall ha shall obtain permits or � remove it. Unless Mr. Nayhart can provide evidence of permit approval for the wall or specifically show where no permit review was needed from the County the wall is o violation subject to enforcement action. � With regards to the new bridgework, itis still under review for permit coverage. A emergency approval and 8EPA exemption was originally given for the work described by Mr. Neyhortto the County, but what wa see on � the ground and the work still in the planning stages io far outside any | | approval or exemptions given by the County. Mr. Neyhart has yet bo � provide the County with any firm site plans or the required permit(o)/SEPA applications vve have oequeoted Unless Neyho�� complies by July 7. 20O8 with what has been requested, | will bo forwarding his case bu the Hearings Examiner and recommending fines. Regards, Ryan Crater Land Use Planner/Code Enforcement Ryan Crater- Re: Neyhart From: Barbara Robinson To: Ryan Crater Date: 8/14/2008 12:28:38 prn Subject: Re: Neyhart We can talk tomorrow....but it sounds like we aren't the only ones holding this up. Barbara Robinson Mason County CD Director P.O. Box 279 Shelton,WA 98584 360-427-9670, Ext.603 >>> Ryan Crater 8/14/2008 11:35 AM >>> Yep, that is how he works. Says he is waiting on you and has everything into everybody else. Welcome to the Neyhart game. I don't know what else I can say other than my final admin letter was pretty much what he needs to do as I reviewed his projects. I consulted Ecology and Senior Planners regarding the letter before I sent it, so I think it is pretty solid. I don't know what else I can add other than my final opinion is my final admin letter. >>> Barbara Robinson 8/14/2008 10:32 am >>> Very interesting. Mr. Neyhart just called me and said that he sent the stuff to Gloria. I guess he may have a problem with a State agency and not us. We need to go over all this with Bob tomorrow when he returns. Barbara Robinson Mason County CD Director P.O. Box 279 Shelton,WA 98584 360-427-9670, Ext.603 >>> Ryan Crater 8/14/2008 10:26 AM >>> Gloria from WDFW stated that Mr. Neyhart has yet to get all the necessary documents in to start the HPA review process. Once she receives all requested document she will have 45 days to review it, which would put him past the fish window. Gloria stated that it is possible that he may not even be issued a HPA for the work considering the time it takes to review the application. Ryan Crater- RE: Fill and Dike work along the shoreline 1� From: "Vanzwalenburg, Kim (ECY)"<kvan461 @ECY.WA.GOV> To: "Ryan Crater" <RyanC@co.mason.wa.us> Date: 8/20/2008 10:22 am Subject: RE: Fill and Dike work along the shoreline Ryan: Will you be going out to the site? I know there are always issues regarding access but I'm willing to try to get on site with you. Kim Van Zwalenburg Shoreline Planner Department of Ecology-Southwest Regional Office PO Box 47775 Olympia, WA. 98504-7775 (360)407-6520; FAX (360)407-6305 e-mail: kvan461@ecy.wa.gov -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 10:15 AM To: rhoss@hctc.com; neyhart@msn.com Cc: Barbara Robinson; Robert Fink; Rogers, Gloria (DFW); Vanzwalenburg, Kim (ECY); agouley@skokomish.org; Marty Ereth Subject: Fill and Dike work along the shoreline Mr. Neyhart, have just been told that you are filling and diking along the Tahuya River and have been doing so all last week and through the weekend. This work requires shoreline permits and approvals. I will be creating an enforcement case regarding this new complaint. You are hereby ordered to Stop All Work associated with the filling and diking along the Tahuya River. This Stop Work Order is not associated with the Bridge Work as it is a new compliant. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- RE Fill and Dike work along the shoreline 1LL From: "Vanzwalenburg, Kim (ECY)"<kvan461 @ECY.WA.GOV> To: "Ryan Crater" <RyanC@co.mason.wa.us> Date: 8/20/2008 10:34 am Subject: RE: Fill and Dike work along the shoreline CC: "Lund, Perry(ECY)" <plun461 @ECY.WA.GOV> I can do it Monday or Wednesday of next week. I am out of the office the next two days Kim Van Zwalenburg Shoreline Planner Department of Ecology-Southwest Regional Office PO Box 47775 Olympia, WA. 98504-7775 (360)407-6520; FAX (360)407-6305 e-mail: kvan461 @ecy.wa.gov -----Original Message----- From: Ryan Crater[ma ilto:Ryan C@co.mason.wa.us] Sent: Wednesday, August 20, 2008 10:31 AM To:Vanzwalenburg, Kim (ECY) Subject: RE: Fill and Dike work along the shoreline We can take a look from another property without having to go to Mr. Neyharts. When would you have time to take a look? >>> "Vanzwalenburg, Kim (ECY)" <kvan461@ECY.WA.GOV>8/20/2008 10:21 am Ryan: Will you be going out to the site? I know there are always issues regarding access but I'm willing to try to get on site with you. Kim Van Zwalenburg Shoreline Planner Department of Ecology-Southwest Regional Office PO Box 47775 Olympia, WA. 98504-7775 (360)407-6520; FAX (360)407-6305 e-mail: kvan461 @ecy.wa.gov -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 10:15 AM To: rhoss@hctc.com; neyhart@msn.com Cc: Barbara Robinson; Robert Fink; Rogers, Gloria (DFW); Vanzwalenburg, Kim (ECY); agouley@skokomish.org; Marty Ereth Subject: Fill and Dike work along the shoreline Mr. Neyhart, I have just been told that you are filling and diking along the Tahuya River and have been doing so all last week and through the weekend. This work requires shoreline permits and approvals. I will be creating an enforcement case regarding this new complaint. You are hereby ordered to Stop All Work associated with the filling and diking along the Tahuya River. This Stop Work Order is not associated with the Bridge Work as it is a new compliant. Ryan Crater- RE: Fill and Dike work along the shoreline 2 Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 1 Ryan Crater RE: Fill and Dike work along the shoreline 1 From: "Vanzwalenburg, Kim (ECY)" <kvan461@ECY.WA.GOV> To: "Ryan Crater" <RyanC@co.mason.wa.us> Date: 8/20/2008 10:41 am Subject: RE: Fill and Dike work along the shoreline Ryan: if wed works that would be the better day(Perry could then participate). But I also recognize the need to respond promptly. Let me know what works best for you. Kim -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 10:31 AM To: Vanzwalenburg, Kim (ECY) Subject: RE: Fill and Dike work along the shoreline We can take a look from another property without having to go to Mr. Neyharts. When would you have time to take a look? >>>'Vanzwalenburg, Kim (ECY)"<kvan461 @ECY.WA.GOV>8/20/2008 10:21 am Ryan: Will you be going out to the site? I know there are always issues regarding access but I'm willing to try to get on site with you. Kim Van Zwalenburg Shoreline Planner Department of Ecology- Southwest Regional Office PO Box 47775 Olympia, WA. 98504-7775 (360)407-6520; FAX (360)407-6305 e-mail: kvan461 @ecy.wa.gov -----Original Message----- From: Ryan Crater[ma ilto:Ryan C@co.mason.wa.us] Sent: Wednesday,August 20, 2008 10:15 AM To: rhoss@hctc.com; neyhart@msn.com Cc: Barbara Robinson; Robert Fink; Rogers, Gloria (DFW); Vanzwalenburg, Kim (ECY); agouley@skokomish.org; Marty Ereth Subject: Fill and Dike work along the shoreline Mr. Neyhart, have just been told that you are filling and diking along the Tahuya River and have been doing so all last week and through the weekend. This work requires shoreline permits and approvals. I will be creating an enforcement case regarding this new complaint. You are hereby ordered to Stop All Work associated with the filling and diking along the Tahuya River. This Stop Work Order is not associated with the Bridge Work as it is a new compliant. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development Ryan Crater- Fwd-. Neyhart (Bank Work) From: "Gloria Rogers" <rogergsr@DFW.WA.GOV> To: "Ted Jackson" <jackstwj@DFW.WA.GOV> Date: 8/20/2008 12:00 pm Subject: Fwd: Neyhart(Bank Work) CC: <ryanc@co.mason.wa.us>, "Bob Barnard" <BARNARJB... Ted, Mr. Heyhart may have several new violations. This one at the bridge site and another on the north end of his property where he has been diking. I'll forward that email next. I'll be on vacation next week so Ryan Crater(Code Enforcement Mason Co)will be your best contact as he has been involved in all of this from the beginning. Ryan will be able to provide the background info, photos, etc. It sounds like a meeting is planned at the site with the county and DOE so they will be able to provide more info then. If there are violations, 1 'll write up a violation report when I return. Both WDFW and the county have been extensively assisting Mr. Neyhart through the permitting process and plan development. This sure is unfortunate if true. Gloria >>> Ryan Crater 8/20/2008 10:46:26 AM >>> I have just been told Mr. Neyhart has already completed the additional bank armoring work for the bridge over the last week and through the weekend. I have showed the complainants the site plans and it appears that additional work was done not shown on the plans. No permits were issued and SEPA has not been completed. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- Fwd: Fill and Dike work along the shoreline 1 From: "Gloria Rogers"<rogergsr@DFW.WA.GOV> To: "Ted Jackson"<jackstwj@DFW.WA.GOV> Date: 8/20/2008 12:01 pm Subject: Fwd: Fill and Dike work along the shoreline CC: <ryanc@co.mason.wa.us>, 'Bob Barnard" <BARNARJB... Ted, Here is the other potential violation. Gloria >>> Ryan Crater 8/20/2008 10:14:57 AM >>> Mr. Neyhart, I have just been told that you are filling and diking along the Tahuya River and have been doing so all last week and through the weekend. This work requires shoreline permits and approvals. I will be creating an enforcement case regarding this new complaint. You are hereby ordered to Stop All Work associated with the filling and diking along the Tahuya River. This Stop Work Order is not associated with the Bridge Work as it is a new compliant. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- Re: Fwd: Neyhart (Bank Work) From: "Ted Jackson" <jackstwj@DFW.WA.GOV> To: "Jason Czebotar" <czeboicc@DFW.WA.GOV>, "Gloria... Date: 8/20/2008 12:28 pm Subject: Re: Fwd: Neyhart(Bank Work) CC: <ryanc@co.mason.wa.us>, "Bob Barnard" <BARNARJB Gloria, Officer Czebotar is working on this. >>> Gloria Rogers 08/20/2008 11:59 AM >>> Ted, Mr. Heyhart may have several new violations. This one at the bridge site and another on the north end of his property where he has been diking. I'll forward that email next. I'll be on vacation next week so Ryan Crater(Code Enforcement Mason Co)will be your best contact as he has been involved in all of this from the beginning. Ryan will be able to provide the background info, photos, etc. It sounds like a meeting is planned at the site with the county and DOE so they will be able to provide more info then. If there are violations, 1 '11 write up a violation report when I return. Both WDFW and the county have been extensively assisting Mr. Neyhart through the permitting process and plan development. This sure is unfortunate if true. Gloria >>> Ryan Crater 8/20/2008 10:46:26 AM >>> I have just been told Mr. Neyhart has already completed the additional bank armoring work for the bridge over the last week and through the weekend. I have showed the complainants the site plans and it appears that additional work was done not shown on the plans. No permits were issued and SEPA has not been completed. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- RE: Neyhart(Bank Work) 1 From: "Rick Hoss" <rhoss@hctc.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us>, <kloemd... Date: 8/20/2008 3:16 pm Subject: RE: Neyhart(Bank Work) CC: "'Barbara Robinson"'<BarbarR.mail.Mason@co.mas... Ryan, No work whatsoever has been performed since Mr. Neyhart, member, met with Mason County last week. understood from Bob Fink's letter and email of August 12 that all enforcement action has been suspended, and that your determination letter was withdrawn. Sincerely, RICHARD T. HOSS rhoss@hctc.com HOSS &WILSON-HOSS, LLP 236 W. Birch St., Shelton, WA 98584 Off: (360)426-2999; Fax: (360)426-6715 NOTICES CONFIDENTIAL & PRIVILEGED: This email message may contain legally privileged and/or confidential information. If you have received this email in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. IRS CIRCULAR 230 DISCLOSURE: In compliance with requirements imposed by the IRS, we hereby notify you that, to the extent that this written communication addresses tax matters, it is not intended and cannot be used to avoid tax-related penalties under federal, state or local law. -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 10:46 AM To: kloemdck@dfw.wa.gov; rhoss@hctc.com; neyhart@msn.com Cc: Barbara Robinson; Robert Fink; Gloria Rogers; Kim; agouley@skokomish.org; Marty Ereth Subject: Neyhart(Bank Work) I have just been told Mr. Neyhart has already completed the additional bank armoring work for the bridge over the last week and through the weekend. I have showed the complainants the site plans and it appears that additional work was done not shown on the plans. No permits were issued and SEPA has not been completed. Regards, Ryan Crater Land Use Planner/Code Enforcement Ryan Crater- RE Ne hart Bank Work _ _ ._:— .. _ -_.. _ _ __ _ - -—___ 2.1 Y y ) Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- RE: Neyhart 1 From: "Vern Rutter" <vernrutter@msn.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 8/20/2008 3:29 pm Subject: RE: Neyhart CC: "Gary and Marie"<olema1 @aol.com> Likewise, Ryan. The guy with me was Gary Key. Tomorrow is fine. They are expecting you. I have a meeting in town at 2:15 so I won't be able to be there. Contact numbers: Vern Rutter 275-5459 801-5179 (cell) vernrutter@msn.com Gary and Marie Key 275-0110 olemal@aol.com -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 2:15 PM To: vernrutter@msn.com Subject: Neyhart Vern, It was nice meeting with you both today. I have already forgotten the other guys name, so hopefully you can remind me. have a meeting set up for Wed morning to look at the new diking and filling work. Ecology will be coming along as well...so far Kim and Perry. They will be meeting me at the office at 8:30 am, after that we will be headed your way. I am thinking, I would like to come take an initial look tomorrow in the afternoon. Are you guys available? There is a long history of past violations not being properly addressed. I do apologize for that. I can tell you that the new violations will be pursued to the greatest extent possible under the code. Hopefully we can hold him accountable in 2008 for once. will do my best on this case, but I can't do things on my own. The public needs to show that they are concerned and want something done about it. I know that this will be round 2 for you guys, so hopefully you still have some steam left. Regards, Ryan Ryan Crater- RE Neyhart (Bank Work) From: Ryan Crater To: Hoss, Rick; kloemdck@dfw.wa.gov; neyhart@msn.com Date: 8/20/2008 3:54 pm Subject: RE: Neyhart (Bank Work) CC: agouley@skokomish.org; Ereth', 'Marty; Fink, ... Rick, Today I had two people come in and make a formal complaint regarding filling and diking of the floodway. The new diking and filling of the floodway at the north end of Mr. Neyarts parcel is a new and completely different complaint with a new enforcement case number. I am pursuing this enforcement case under our SMP and flood ordinance. The current status is "Under Investigation". Regarding the bridge work: Are you saying that the two complainants who stated that the work Mr. Neyhart proposed has not been completed as of August 19, 2008 and that if I went to look tomorrow your version would hold true? Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton,WA 98584 Phone#360-427-9670 ext. 577 Fax# 360-427-8425 >>> "Rick Hoss" <rhossC@hctc.com> 8/20/2008 3:16 pm >>> Ryan, No work whatsoever has been performed since Mr. Neyhart, member, met with Mason County last week. I understood from Bob Fink's letter and email of August 12 that all enforcement action has been suspended,and that your determination letter was withdrawn. Sincerely, RICHARD T. HOSS rhossOhctc.com HOSS&WILSON-HOSS, LLP 236 W. Birch St.,Shelton,WA 98584 Off: (360)426-2999; Fax: (360)426-6715 I __ -- _ -._ _ - -- --- -.- - -- Ryan Crater- RE Neyhart(Bank Work) 2 NOTICES CONFIDENTIAL&PRIVILEGED: This email message may contain legally privileged and/or confidential information. If you have received this email in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. IRS CIRCULAR 230 DISCLOSURE: In compliance with requirements imposed by the IRS,we hereby notify you that,to the extent that this written communication addresses tax matters,it is not intended and cannot be used to avoid tax-related penalties under federal,state or local law. -----Original Message----- From: Ryan Crater rmailto:RyanCC)co.mason.wa.usl Sent: Wednesday,August 20, 2008 10:46 AM To: kloemdck@dfw.wa.gov; rhoss@hctc.com; neyhart@msn.com Cc: Barbara Robinson; Robert Fink; Gloria Rogers; Kim; ago uley@skokomish.org; Marty Ereth Subject: Neyhart(Bank Work) I have just been told Mr. Neyhart has already completed the additional bank armoring work for the bridge over the last week and through the weekend. I have showed the complainants the site plans and it appears that additional work was done not shown on the plans. No permits were issued and SEPA has not been completed. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton,WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- RE: Neyhart(Bank Work) 1 From: "Marty Ereth" <marty@Skokomish.org> To: "Ryan Crater" <RyanC@co.mason.wa.us>, "Joseph P... Date: 8/21/2008 10:46 am Subject: RE: Neyhart(Bank Work) CC: "Alex Gouley" <agouley@Skokomish.org>, "Randy L... Thanks Ryan, Back in the early to mid 1990's I copied Mason County DCD's entire file on Neyhart Farms. Since then, I have added to it including the 1996 Settlement Agreement Doug and his attorney Rick Hoss made with the Skokomish Tribe and DOE for violations of the Mason County Shoreline Master Program. I also have a 1998 compliance check by DOE's Bill Young (retired)saying for the most part, Doug was in compliance with the Settlement Agreement at that time. Why does Mr. Hoss believe the SA is no longer valid, because Doug violated it by applying for and receiving an HPA from W DFW a few years later? As you know, my last day is tomorrow so I can't spend time on this but I an including others in this email in hopes that the Tribe will continue to push Mason County policy makers to hold Neyhart accountable for something. In reality, Doug's entire track and dike are within the Tahuya River floodway. It was all floodplain and wetlands prior to Doug diking and filling the island. It never would be permitted today and I don't think was ever actually permitted by Mason County then. In my opinion, at this point, the single most important thing we could do for the Tahuya River is to purchase Neyhart Farms and allow Doug to use those funds to purchase another farm away from water somewhere (preferrably not in Hood Canal). After the property is secured, then dike removal and restoration can begin. I have a lidar image of the property which is pretty telling. I will send it to you when I find an electronic version. Marty -----Original Message----- From: Ryan Crater [mailto:Ryan C@co.mason.wa.us] Sent: Thursday, August 21, 2008 9:15 AM To: Marty Ereth Cc:Alex Gouley Subject: RE: Neyhart(Bank Work) I am going to the site this afternoon as well as an offsite locating to see the new compliant. You can come if you like. I am also going to the site next Wed in the morning with Kim Van. and Perry Lund from Ecology. You can come then too if you like. Bob is viewing things different from me, Ecology, and other Planners and has stated that Mr. Neyhart is possibly exempt from any shoreline permits. I completely disagree with him on that and said the proper place for this is a legal decision by our Hearings Examiner. I hope that if he does call the project exempt that someone would appeal that decision. If someone doesn't hold Mr. Neyhart accountable this time we might just as well forget holding him accountable in the future. I had a chance to view a photographic history of the Neyhart property...I am almost at a loss of words after viewing it. As you may Ryan Crater- RE Neyhart(Bank Work) 2 know since 1981 Mr. Neyhart has been diking, filling, and clearing the floodway/wetland. He continues to activity dike and fill to this day despite past court orders. Rick Hoss has stated that the court order you showed me is no longer in effect. Basically, I am the only one pushing for holding Mr. Neyhart accountable at this point. I can't do this alone and desperately need help. P P Y .P If you give me your fax, I will fax you a copy. Regards, Ryan Crater >>>"Marty Ereth" <marty@Skokomish.org> 8/21/2008 8:55 am >>> Ryan, Are you getting support from Bob Fink? Can you send us a copy of the August 12th email and or letter that Mr. Hoss is referring to? As the administrator is Bob making decisions or is he getting direction from others? Are you going to make a site visit soon to validate the complaints? Marty -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 3:54 PM To: kloemdck@dfw.wa.gov; Rick Hoss; neyhart@msn.com Cc: Barbara Robinson; Lynda Ring-Erickson; Robert Fink; Tim Sheldon; 'Gloria Rogers'; 'Kim'; Alex Gouley; Marty Ereth Subject: RE: Neyhart(Bank Work) Rick, Today I had two people come in and make a formal complaint regarding filling and diking of the floodway. The new diking and filling of the floodway at the north end of Mr. Neyarts parcel is a new and completely different complaint with a new enforcement case number. I am pursuing this enforcement case under our SMP and flood ordinance. The current status is"Under Investigation". Regarding the bridge work: Are you saying that the two complainants who stated that the work Mr. Neyhart proposed has not been completed as of August 19, 2008 and that if I went to look tomorrow your version would hold true? Regards, Ryan Crater Land Use Planner/Code Enforcement Ryan Crater`RE: Fill and Dike work along the shoreline _ 2 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 Ryan Crater- RE: Neyhart 1 From: "Vern Rutter" <vernrutter@msn.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us> Date: 8/21/2008 7:29 am Subject: RE: Neyhart CC: "'Gary and Marie"'<olema1 @aol.com> What did you expect? Which statements: pre-Neyhart vice current conditions /circumstances; recent activities? You saw the pictures. I suspect Neyhart is probably not being honest with his lawyer either. Nevertheless, we're content to let the facts on the ground speak for themselves. Should be pretty easy to see who is being truthful and who is not. We're thankful we had the opportunity to talk yesterday and that you're looking. Vern -----Original Message----- From: Ryan Crater[mai Ito:Ryan C@co.mason.wa.us] Sent: Wednesday,August 20, 2008 3:55 PM To: Vern Rutter Cc: Gary and Marie Subject: RE: Neyhart Rick just e-mailed me and said your statements are not true. >>>"Vern Rutter"<vernrutter@msn.com>8/20/2008 3:30 pm >>> Likewise, Ryan. The guy with me was Gary Key. Tomorrow is fine. They are expecting you. I have a meeting in town at 2:15 so I won't be able to be there. Contact numbers: Vern Rutter 275-5459 801-5179 (cell) vernrutter@msn.com Gary and Marie Key 275-0110 olemal@aol.com -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 2:15 PM To: vernrutter@msn.com Subject: Neyhart Vern, It was nice meeting with you both today. I have already forgotten the other � guys name, uu hopefully you can remind me. | have a meeting set up for Wed morning ho look at the new diking and filling work. Ecology will be coming along as well...no far Kim and Perry. They will ba meeting meat the office at8:30 am, after that vve will ba headed your way. | am thinking. | would like tV come take an initial look tomorrow in the afternoon. Are you guys available? Thera is o long history wf past violations not being properly addressed. | do apologize for that. | can tell you that the new violations will be pursued to the greatest extent possible under the code. Hopefully wecan � hold him accountable in2O08 for once. | will domy best on this case, but | can't do things onmyown. The public needs hu show that they are concerned and want something done about it. | know that this will be round 2 for you guys, oo hopefully you still have some steam left. Regards, Ryon Ryan Crater- RE: Neyhart(Bank Work) 1 From: "Rick Hoss" <rhoss@hctc.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us>, <kloemd... Date: 8/21/2008 8:33 am Subject: RE: Neyhart (Bank Work) CC: "'Barbara Robinson"' <BarbarR@co.mason.wa.us>, ... Ryan, Below is Mr. Neyhart's, member, response I received late yesterday. His long approved Farm Plan includes this work. A reasonable person would view this latest contact as harassment. May I suggest you look into your informants' motivation, as well as their false information?Were you aware that several years ago, one of Mr. Neyhart's neighbors brought a claim against Mr. Neyhart in Mason County Superior Court?The result of that case was that Mr. Neyhart prevailed on all counts, recovered his fees and costs, and one of the neighbors was sentenced to the Mason County jail for perjury by Judge James B. Sawyer? I suggest that your informants' motivation may in fact have nothing to do with seeing that the Mason Co. Shoreline Master Program is complied with. May also suggest you consider notifying the prosecutor's office about your informants'latest false complaint? "Rick: have done no work around the bridge. No bank armoring as been done for the bridge over the last week and through the weekend . The only work that we have been doing is working on are training track. We have been grading it, so it will be smooth so the horse will not trip. we use a wood drag and a metal Harrow Rake on the track. when the horse are jogging, we drag the track twice daily.Any holes in the track, we fill with sandy materiel. We have been ranking rocks off the track with rakes. The track has been in the same place since, approx 1990. WE have not worked on the river bank. The only work that was done on the river bank was by the DNR., back in April with a HPA., AND THE EMERGENCY PERMIT FROM THE COUNTY. Rick that's it. Doug." Sincerely, RICHARD T. HOSS rhoss@hctc.com HOSS &WILSON-HOSS, LLP 236 W. Birch St., Shelton, WA 98584 Off: (360)426-2999; Fax: (360)426-6715 NOTICES CONFIDENTIAL& PRIVILEGED: This email message may contain legally privileged and/or confidential information. If you have received this email Ryan Crater- RE: Neyhart (Bank Work) 2 in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. IRS CIRCULAR 230 DISCLOSURE: In compliance with requirements imposed by the IRS, we hereby notify you that, to the extent that this written communication addresses tax matters, it is not intended and cannot be used to avoid tax-related penalties under federal, state or local law. -----Original Message----- From: Ryan Crater[ma ilto:Ryan C@co.mason.wa.us] Sent: Wednesday, August 20, 2008 3:54 PM To: kloemdck@dfw.wa.gov; Rick Hoss; neyhart@msn.com Cc: Barbara Robinson; Lynda Ring-Erickson; Robert Fink; Tim Sheldon; 'Gloria Rogers; 'Kim'; agouley@skokomish.org; 'Marty Ereth' Subject: RE: Neyhart(Bank Work) Rick, Today I had two people come in and make a formal complaint regarding filling and diking of the floodway. The new diking and filling of the floodway at the north end of Mr. Neyarts parcel is a new and completely different complaint with a new enforcement case number. I am pursuing this enforcement case under our SMP and flood ordinance. The current status is "Under Investigation". Regarding the bridge work: Are you saying that the two complainants who stated that the work Mr. Neyhart proposed has not been completed as of August 19, 2008 and that if I went to look tomorrow your version would hold true? Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425 >>>"Rick Hoss" <rhoss@hctc.com> 8/20/2008 3:16 pm >>> Ryan, No work whatsoever has been performed since Mr. Neyhart, member, met with Mason County last week. understood from Bob Fink's letter and email of August 12 that all enforcement action has been suspended, and that your determination letter was withdrawn. Ryan ate Crr- RE Neyhart(Bank Work) 3, Sincerely, RICHARD T. HOSS rhoss@hctc.com HOSS &WILSON-HOSS, LLP 236 W. Birch St., Shelton, WA 98584 Off: (360)426-2999; Fax: (360)426-6715 NOTICES CONFIDENTIAL & PRIVILEGED: This email message may contain legally privileged and/or confidential information. If you have received this email in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. IRS CIRCULAR 230 DISCLOSURE: In compliance with requirements imposed by the IRS,we hereby notify you that, to the extent that this written communication addresses tax matters, it is not intended and cannot be used to avoid tax-related penalties under federal, state or local law. -----Original Message----- From: Ryan Crater[mailto:RyanC@co.mason.wa.us] Sent: Wednesday, August 20, 2008 10:46 AM To: kloemdck@dfw.wa.gov; rhoss@hctc.com; neyhart@msn.com Cc: Barbara Robinson; Robert Fink; Gloria Rogers; Kim; agouley@skokomish.org; Marty Ereth Subject: Neyhart(Bank Work) have just been told Mr. Neyhart has already completed the additional bank armoring work for the bridge over the last week and through the weekend. have showed the complainants the site plans and it appears that additional work was done not shown on the plans. No permits were issued and SEPA has not been completed. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton, WA 98584 Phone#360-427-9670 ext. 577 Fax#360-427-8425