HomeMy WebLinkAboutSHX2008-00027 JARPA Shoreline SDP Exemption - SHX Application - 9/11/2008 MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Courthouse Annex
P.O.Box 279,Shelton,WA 98584
(360)427-9670 I .
SHORELINE PERMIT A=ATION
PERMITNO. SHORELINE SUBSTANTIAL DEVELOPMENT
SHORELINE VARIANCE
DATE RECEIVED SHORELINE CONDITIONAL USE
SHORELINE EXEMPTION —~
The Washington State Shoreline Management Act(RCW 90.58) requites that substantial developwithin
designated shorelines of the state comply with its administrative procedures(WAC 173-14)and the prop" of the
Mason County Shoreline Management Master Program The purpose of this Act and local program is to tact the
state's shoreline resources. The program requires that substantial development(any development of which he total
cost or fair market value exceeds$5,000.00 or materially interferes with the normal public use of the irater or
shorelines of the State be reviewed with the goals,polices,and performance standards established in the,Master
Program-
Answer all.questions completely. Attach any additional information that my further describe the proposed
development. Incomplete applications will be retained. {
APPLICANT: e- V}W J C4't/,4 L1�
ADDRESS: Z ti � �J
.T u I e J � retreat(City)
TELEPHONE: 0 Z'"�! q Q-7 0
(home) (businesa) 7 —F V
AUTHORIZED REPRESENTATIVE: 1 4.V1 till (7�i A j
ADDRESS: pi A-nJ rz,i rC h
TELEPHONE: ( ) D 1 L (state)
`T {
PROPERTY DESCRIPTION: IN
PfNlLl 2 i
General location(include property address,water body and associated wedands--identify the name of tle� 000
O 5-0
shoreline):
Legal description (include section, township, and range to the nearest quarter, quarter section or W4& and
longitude to the nearest arinnte. Projects located in open water area away from land shall provide a ngitude
location)—include all parcel numbers:
OWNERSHIP- contract
Applicant:::X Owner Lessee Purchaser (Identify). Other _
owner.
M
(may) (state).
I.TLANNIN HOREUi•I�ffitM1T.APP - REVISED:06-25 0
DEVELOPMENT DESCRIPTON
Development(identify and desenbe the proposed project,including the type of materials to be used,construction
methods,principle dimensions,and other pefinent information):
cc��r< <,,� (.�,► Fr tr I`dt,c�?
C ka,c,L1 c r
Use(identify current use of property with exist improvements:
a hi^i L.. (+JVC
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Reason for requesting development:
ACKOWLEDGEMENT
I hereby declare,to the best of my knowledge and beliet;the forgoing information and all attached information is
true and correct
(applicant or authorized representative) (date)
..................................................■■■.■■■■■■■■■■■■■■■■■■.j......
TO BE COMPLETED BY LOCAL OFFICIAL
Identify and describe existing features of the site and surrounding area: j
a
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l
If proposed structures will exceed a height of 35 feet above the existing grade level,indicate the location of any
residential units that will have an obstructive view:
If a Conditional Use or Variance is requested,make reference to the appropriate section in the Master Prograi-
I
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C\PLANNINGICHA RENEFJSHORELft4UE tMrr.APP REVISED:06-25-03
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THE SHORELINE PERMIT PROCESS
I
Publication cost is the responsibility of the applicant. Final permit processing will not oc*
until advertising fees have been paid to the newspaper by the applicant.The Shelton-Masoh
County Journal will bill the applicant directly.
I/WE understand that UWE must sign and date the.attached aclmowledgement indicating that
WE understand that is MY/OUR responsibility. I/WE must submit the signed page as pail of
this application in order for it to be considered as complete.
DATE
O
APPLI
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t
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THE SHORELINE PERMIT PROCESS
LIST OF ADJACENT PROPERTY OWNERS {
WTIHIN 300 FEET OF YOUR PROPERTY BOUNDARIES
FOR CONDITIONAL USE AND VARIANCE
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Addresses may be obtained from the Mason County Assessor's Office,Building L Second, loor.
c.ILe�
`� `1 .� q 1 �•� .v r
(j r Z M ej `I 3 I z
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EXISTING ROCK
EXISTING LARGE
WOOD TO REMAIN
LOFT PROPOSED
8'-10' RIP RAP
` AS NEEDED
A ((/
A PROPOSED
3 (MAX) -`' 8-10' RIP RAP
1
12' '' •4 26FT+ 26FT+ �.
EXISTING BRIDGE
ABUTMENT (TYP)
A
A
PROPOSED } MAN TO
1.SFT 2'-3' 1 MAN ROCK (TYP)
4
1
PROJECT/ LOCATION:
1 1 I TAHUYA, WASHINGTON
3FT BANK PROTECTION
TOP VIEW
1 DOUG NEYHART
2297 TAHUYA RIVER ROAD
�--7.5FT--� CONTRACTOR,
DOUG NEYHART
2297 TAHUYA RIVER ROAD
SECTION A-A EDGE PROTECTION TAHUYA, WASHINGTON
NTS DRAWN Bye DATE,
ENGINEERS REV[SIONS,
MCS 06/26/08
REV.DESCRIPTION y DATE DESIGNED BY: DATE,
74 NE HURDTECH ENGINEERING Mlchaet Staten, P.E. 16/26/08
74 NE HURD ROAD
BELFAIR, WASHINGTON 98528 SHEET 2
PHONE, (360) 275-9374 -- ---
FAX- (360) 275-4789
SHEET 2 OF 2
I
EXISTING BRIDGE
-79'
•� • PROPOSED
8'-10' RIP RAP
•. '' 4 1.5' MIN.
2 (HIN)
THICKNESS
•7.
___________
t
6' - 10'
EXISTING BRIDGE EXISTING BRIDGE
ABUTMENT (TYP) ABUTMENT (TYP)
IS
17PRO�POSED MAN T❑
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. SCRIPTIDN Y BATE Michael Staten, PE. 06/26/08
74 NE HURD ROAD SHEET
BELFAIR, WASHINGTON 98528
PHONE, <360) 275-9374
FAX: (360) 275-4789
SHEET 1 OF 2
Jul 23 08 02: 29p Joel Neyhart 2066235111 p. 2
Acir,cY uShdNL1C
h�tix r Rerereilce N: l l�� / Dare Reed�tigd' �, ? G t'
-C'a�lt� !-��. '`''y,l�•••-f '•.L?_ �, a� ct��alg4 .c�xi��Y� }V ./
JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (DARPA)
(for usu in Washington State) / C
PLEASE TYPE OR PRINT IN BLACK INK. j Z E
TO FILL IN ELECTRONICALLY, USE I'll TO MOVE THROUGH THE FORM
❑ Application for a"Fish Habitat Enhancement Project per requirements of RCW 77.55.290. You must submit a copy of this
completed JARPA application form and the (Fish Habitat Enhancement JARPA Addition)to your local Government
Planning Department and Washington Department of Fish &Wildlife Area Habitat Biologist on the same dam.
NOTE: LOCAL GOVERNMENTS,You must submit any comments on these projects to WDFW within 15 working days.
Based on the instructions provided,I am sending copies of this application to the following: (check all that apply)
❑ Local Government for shoreline: []Substantial Development ❑Conditional Use ❑Variance ,Exemption []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)
L] Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification
❑ Corps of Engineers for. [] Section 404 El Se ctian 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 this application. Be sure to ALSO complete Section C(Signature Block)for all
permit applications.
1.APPLICANT
MAILING ADDRESS
WORK PHONE --MAIL ADDRESS //� HOME PHONE FAX#
If an agent is acting for the appllcartt during the permit process, complete#2. Be sure agent signs Section C(Signature Block)
for all permit applications
2.AUTHORIZED AGENT
MAILING ADDRESS
WORK PHONE E-MAIL ADDRESS I IOME PHONE FAX IF
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,i0cluding city:county and zip code,where proposed ictivyy exists or wifl occur)
Local government with juris ction cil or county)
Waterbody you are working jn?�O Tributary of WRIA#
Is this waterbody on the 303(d)List" YES NO
if YES,what parameter(s)?
"For 303d List, Shoreline designation —
httpJ/www.ecy.wa.gov!programs/wgf303d/index.html
Zoning designation� ��Y1
Y.Section Se ilon Township a ige Government Lot
PNR stream type if known
Latitude and Longitude W �, l'ax Parcel Number-
ECY 070-15(Rev. 1 1104) JARPA Contact the Stale of Washington Office of Reguiatory_Assistance for latest version or call 360l407-7037 or 8001917-0043
1
Jul 23 08 02: 30p Joel Neyhart 20GG235111 P. 3
r
6. Describe the current use of the property,and structures existing on ilia property. Have you completed any portion of the proposed
activity on Oils property? ❑ YES ❑ NO
For an portion of tho proposed activity already coym--pleted 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 providod for_qll work walerward
of the ordinary hlgh 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.
�IfJ V� /.Jv�.. f t —i-,J1 ,I 7 �' +�`, r /�I^''•'��ll�/j�
•l.i/ ��f'y�`1•t..w l�<'�/ �..a +7/ ,:{I� !.,r'� I!.,,•'••w��..: ..l �.w,�-d 7
PREPARATION OF DRAWINGS: See sample drawings and guldapce for completing the drawings. ONE S1:r or ORIGINAL OR GOOD QUALITY REPRODUCiBLE
DRAWINGS MUST BC ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project silo.but fiieso DO NOT substiluto for drawings. W6 CORPS
OF ENGINEERS ANO'COAS T GUARD REQUIRE DRAWINGS ON 8.112 X I I INCH SHEETS. LARGER 12RAMNOS MAYBE REQUIRED RY OTHER AGENCIES.
7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that
have Influenced the design. /
/ -•'-' O! Nam' ) �--' /�,� f • !, . ! .�
7c. Describe the potential Impacts to characteristic uses of the water body.. These uses may include fish and aquatic life,water quality,
water supply,recreation and aesthetics. Identify proposed actions to'avoid,minimize,and mitigate detrimental impacts and provide
proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional
space is needed.
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-110? YES: NO See USEFUL DEFINITIONS AND INSTRUCTIONS)
8, Will the project be constructed iin stages? YES NO ❑
Proposed starting date: �.,
Estimated duration of activity: � .�j ,�✓ r2 G' 2
9. Check if any temporary or permanent structures will be placed:
bd Waterward of the ordinary high water mark or line for fresh o741_111��
l waters AND/OR : � �U�'�_
❑ Waterward of the mean higher high water for tidal waters? n �/ !%' �� //G�
10.Will fill material(rock,f111,bulkhead,or other material)be placed:
Waterward of the ordinary high water mark or line for fresh waters?TO,±�f/OC'k
If YES,VOLUME(cubic yards) /AREA (acres)
❑ Waterward of the mean higher high water for tidal waters? r y�
If YES,VOLUME(cubic yards) t AREA (acres)-
ECY 070-15(Rev. 11/04) DARPA Contact the State of Washington Office of Regulatory Assistance for latest version or call 360/407-7037 or 8001917-0043
IJul 23 08 02: 3010 Joel Neyhart 2066235111 p. 4
11. Will material be placed in wetlands? [.] YES NO
If YES:
A. Impacted area in acres:
B. 1•las a delineation been completed? If YES,please submit with application. ❑ YES ❑ NO
C. Has a wetland report been prepared? If YES,ploase submit with application YES ❑ NO
D. Type and composition of fill material(e.g.,sand,etc.)
E. Material source:
F. List all sail series(type of soil)located at the project site,and indicate if they are on the county's list of hydric soils. Soils informath
can be obtained from the nalural Resources Conservation Service(NRCS).
G. WILL PROPOSED AC•riviTY CAUSE FLOODING OR DRAINING OF WETLANDS? [] YES NO
If YES,IMPACTED AREA IS ACRES OF DRAINED WETLANDS.
NOTE:If your project will Impact greater than Y:of an acre of weUand,submit a mi(gakn plan to the Corps and Ecology for approval along with the DARPA form.
NOTE A 40 t water quality certification will bo required from Ecology in addition to an approved mitigation plan if your project impacts wetlands that are: a)greater ftn%acre In size,
orb)tidal wetlands or wetlands adjacent to tidal water. Please submit Vie JARPA form and WUgaUon plan to Ecology loran Individual 401 certification y ej orb)applies.
12. Stormwater Compliance for Nationwide Permits Only: This project is(or will be)designed to meet ecology's most current
stormwater manual,or an Ecology approved local stormwater rnanual. ❑ YES ;?� 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 project or activity will comply with the water quality
standards,WAG 173.201(A)
13.Will excavation or dredging be required In water or wetlands? ❑. •YES NO
If YES:
A. Volume: (cubic yards)/area (acre)
B. Composition of material to be removed:
C. Disposal site for excavated material:
D. Method of dredging:
14. Has the Slate 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 frorn 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 existln6 work on drawings. NOTE: For use with Corps Nationwide Permits,Identify whether your project h<
or will need an NODES permit for discharging wastewater and/or stormwater.
TYPEOF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATEAPPnOVC•D COIAPLETE
NO.
16. Flas 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 070-1 S(Rev. 11I04) JARPA Contact(lie State of Washington Office or RegulaLcly Assistance for latest version or call 3601407-7037 or 8001917-004
i
Jul 23 08 02: 31p Joel Neyhart; 2066235111 P. 5
SECTION B -'Use for Shoreline and Corps of Engineers permits on1�r.
11;►,�TPt119M gf mi girl, MILS morim iho fair ff)raf}fPl Yallin Of lj)O InjPrl,indlifliOa malerials,labor,fnacl)ine re))tals'etc,
A -i 5 vu -ov
17b.If a project orany 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 Inforrriation on ESA.'
FEDERAL FUNDING ❑ YES NO If YES,please list the federal agency.
18.Local government with jurisdiction:
19.For Corps,Coast Guard and DNR permits,provide names,addresses and telephone numbers of adjoining property owners,lessees,
etc. - Please note: Shoreline Management Compliance may require additional notice—consult your local govemrnent.
NAME ADDRESS PHONE NUMBER
SECTION C-Th(s section RUST be com feted for an ermit covered bz thls a fication
20. Application Is hereby made for a permit or perritits to authorize the activities described herein. I codify that I am familiar with the
Information contained In this application,and that to the best of my knowledge and belief,such information is true,complete,and
accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which
this applicatio made, III right to enter(lie above-described location to inspect the proposed,in-progress or completed work, i
agree to sta wo ON Y after iI cessary permits have been received.
DATE
� � 44
SIGNATU OF PLICANT
ATE
SIGNATURE Or AUTHORIZED AGENT T
I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR
PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, i MUST SIGN THE PERMIT.
SIGNATURE OF APPLICANT DATE
SIGNATURE OF LANDOWNER(EXCEPT PUBLIC ENTITY LANDOWNERS,E.G.DNR)
THIS APPLICATION MUST DE SIGNED BY THE APPLfCANT AND THE A GENT,IF AN AUTf lOPIZED AGENT IS DCSIGNATED.
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.
r-e o a;•.;.
:A (�altir tat t)>e exlstlrjg shah tr ZI �schlb type ti# hor�fula.; tit 1i fi rf�'rCnE!'s'tre rn-.-A ake,fagdort marsh,q "Isw txr ,tio0d
plarrl flobdWaY,.tj elt ,typt;of>"h ttao�t a;aft retie erQsiot7,hritjh bnk,lQv,+.baft�Cr or c3tke,matdfiaf ;ltGfis,srtd;graveli riiue1,clays
radk rlfirap,arici exl6tif MY
.51 b, b#bf9lhcacl,ng,If any): '
,In tE)e OVeltt;that ally dt the, sd Uulldtngs dr strtiCtures;iMltl eXGeed a,hl=lgh�oT tE1(rty five feet
jSPo above 4l e;�v�iae gractQ:level,
I dldttEb,fl3a' pploklrtiafe Idi aifi5 pa t,'rflaritEier of i:e i lenll l.Ethit ;b" i frf� d�dt iillai,that will have dli tf i3(ktidt+3d ZIbW
C if IR d�pplic t,Onih'volves a d9ll�iittb'h 4 use tir V.ararlce,Set-fddl�In,iltl!that port,ori bf the mastet ptogr�rnvl ,ch.,pcdvldrjs that ttti:'
pl�post d usb rriity t5e a co�tdi�t}ohol t(se �irt%tjl the f ase bf a vrian�i#,lC4lft?vdfi, fS tf) vaUatic�is bdlrigoughlf .
w ,. ... ... . ..., .
These Agencies are Equal Opportunity and AfOnnalive Action employers.
For special.accommodation needs,phase contact the appropriate agency in the instructions
ECY 070-15(Rev. 11104) JARPA Contact[lie Slate of Washington Office of Regulator(Assistance rot latest version or call 360/407-7037 or 800/917-0043
4
sTAT o�
1889
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775 u Olympia, Washington 98504-7775• (360)407-6300
September 11, 2008 '
Mason CountyP/anningDet a
SEP ' i
Ms. Barbara Adkins,Program Manager 20
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 NIr.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
p � P
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)
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 fiom 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. og_v, if you have questions or want to talk further.
Si •e
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'B°N 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
1854
- le copy f�--7-68
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
7. Mason County
Department of Community Development
411 N. 5th
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.
. I
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.
r
J � !
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.
,
77-7
`
Gloria Rogers
| Area Habitat Biologist
� Washington Department cfFish and Wildlife
48 Devonshire Rd
Montesano, WA 08563 �
380'249-4829x249
>>>"Pam Bennuht-Cumming^ <PomBC@co.maoon.wa.uo> 3/13/20085:00PK8 »>>
Wow! doasnt exactly look like ha described iL' but | knew itwould
look bad,just not necessarily that gargantuan. | know he worked with
G|oria, and what | actually told him, since he told nna he was able to
get u 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 | did NOT say was and if the bridge doaont arrive, you dnnthave
bo 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 ifa replacement of storm domage).
and if there io fill for the approaches, his engineer will have toshow
that it doesn't increase the BFE for the f|oodvvay. The second | am
checking on....
Pam Benna#-Cumming. yW£S
Senior Planner'Water Resource Planning
Mason County Department nf Community Development
411 North5th
PO Box 270
Shelton, VVA88584
phone: (3SO)427'0G70x287
fax: (3GO)427'8425
amai|: pambo@oo.maoonma.uo
»>> Ryan Crater 3/13/20884:44PK4x»»
Pam and Jim see attached message.
Gloria 'was unHPA issued for this work?
Land Use Planner/Code Enforcement
Mason County Department of Community Development
411 Nnrth5th
PO BOX 27Q
Shelton, VVAQ8584
Phone#36O'427'0870 ext. 577
Fax#388-427'8425
Ryan Crater- Re: Fwd: ENF2008-00021 Pale 1
WZ1008 • 4)OOLI
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 RB
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
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,
I 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, I
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>
To: "Ryan Crater" <RyanC@co.mason.wa.us>, "Pam Benn...
Date: 6/17/2008 3:33 pm
Subject: RE: 25- blocks sticking out, right bank looking downstream
Thanks for the update.
Marty Ereth
Habitat Biologist
Skokomish DNR
(360)877-2110 x451
marty@skokomish.org
-----Original Message-----
From: Ryan Crater[mai Ito:Ryan C@co.mason.wa.us]
Sent: Friday, June 13, 2008 9:26 AM
To: Pam Bennett-Cumming; Gloria Rogers; kvan461 @ecy.wa.gov;
rhoss@hctc.com; neyhart@msn.com; Marty Ereth
Subject: RE: 25- blocks sticking out, right bank looking downstream
Marty
After reviewing the parcel file I see that there are no permits or
approvals from Mason County on file for the wall in question. I do see
that sometime around 3-27-97 a JARPA was submitted for some wall work
along with permits from the County. In the files it shows a site plan
for a wall, but it is very different from what is on site now and its
placed in a 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 to keep the current wall he shall obtain permits or
remove it. Unless Mr. Neyhart can provide evidence of permit approval
for the wall or specifically show where no permit review was needed from
the County the wall is a violation subject to enforcement action.
With regards to the new bridgework, it is still under review for permit
coverage. A emergency approval and SEPA exemption was originally given
for the work described by Mr. Neyhart to the County, but what we see on
the ground and the work still in the planning stages is far outside any
approval or exemptions given by the County. Mr. Neyhart has yet to
provide the County with any firm site plans or the required
permit(s)/SEPA applications we have requested. Unless Mr. Neyhart
complies by July 7, 2008 with what has been requested, I will be
forwarding his case to the Hearings Examiner and recommending fines.
Regards,
Ryan Crater
Land Use Planner/Code Enforcement
Ryan Crater- Re: Neyhart 1
From: Barbara Robinson
To: Ryan Crater
Date: 8/14/2008 12:28:38 pm
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 1
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>
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 21
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 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
-----Ori Original Message-----
9
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" <ro r r D >
g ge gs @ FW.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 'II 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) 1 j
From: "Ted Jackson" <jackstwj@DFW.WA.GOV>
To: "Jason Czebotar" <czebojcc@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 >>>
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
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IRS, we hereby notify you that, to the extent that this written
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to avoid tax-related penalties under federal, state or local law.
-----Original Message-----
From: Ryan Crater[mailto:Ryan C@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. 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. Neyhart (Bank Work) 2 1
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
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.
I 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.
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.
I 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
l
Ryan Crater- RE: Neyhart(Bank Work) 1
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" <rhossahctc.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
rhoss@hctc.com
HOSS&WILSON-HOSS, LLP
236 W. Birch St.,Shelton,WA 98584
Off: (360)426-2999; Fax: (360)426-6715
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
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-----Original Message-----
From: Ryan Crater[mailto:RyanC(aco.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;
agouley(o)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:RyanC@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) ` J
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.
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
411 Nnrth5th
PO BOX 27Q
Shelton, VVA08584
Phone#38U-427-0870 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[mailto:RyanC@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
Ryan Crater- RE. Neyhart 2.1
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.
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.
I 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) 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[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'; 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.
�
�
Sincerely,
R|CHAROT. HOSS
rhmm@hdo.com
HOSS &VV|LSON'HOSS. LLP
23GVV. Birch St.. Shelton, VVA88584
Off: (380)426'299Q; Fax: (3S0)426'6715
NOTICES
� CONFIDENTIAL& PRIVILEGED: This email message may contain legally
�
privileged and/or confidential information. |f you have received this email
�
in error, please notify the sender immediately and delete all copies ofthis
� e-mail message and any attachment.
IRS CIRCULAR 230 DISCLOSURE: In compliance with requirements imposed by the
IRS,we hereby notify you that, ho the extent that this written
communication addresses tax matters, itio not intended and cannot beused
to avoid tax-related penalties under federal, state or local law.
-----Original Message-----
From: Ryan Crater [ma i|to:Ryan C@co.mouon.wa.us]
Sent VVednesdoy, August 20, 2008 10:46 AM
To: k|oemdok@dhw.wn.gov; rhoas@hctc.00m; nayhart@mun.00m
Cu: 8orbono Robinson; Robert Fink; Gloria Rogers; Kim;
a0ou|ay@okwkomiohorg; Marty Ereth
Subject: Nayhart(Bank Work)
| have just been told Mr. Nayhurt 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 un the plans. No permits were issued and SEPAhas '
not been completed.
Regards,
Ryan Crater
Land Use Planner/Code Enforcement
Mason County Department of Community Development
411 North 5th
PO BOX 270 |
|
Shelton, VVAU8584 .
Phone#3S0-427-0G70 ext. 577
Fax#3GU-427'8425
�