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HomeMy WebLinkAboutEcology Blocks Still Placed - GRD Letters / Memos - 8/10/2019 er-:- am w 1� �f�nq e c2 sk yot -to s-toF 9:z vie NeyktYt -to V(Ia )dit )aws tk"ll aWy to Nis )COA Lkse , �k,, T�C� �hGT�YlbtyQ J` I ,IeY. He hcc5 at SO I f r r e ck Ir vy� 1 e WecttJe r lcr..r�� 1 y W ifih ar ` C a r.re61 Mr. N A ec�Se O.1 Lori�ri �out�d�tis s'��v►�f yef�se� t �:cal�y Jec1ec} �.I J i ciri�s, Mr. Vey hart tr;e�� -tc lrG`�e topo Gut �© a c e d y trees ern wy repe►' l c.M r vtct SuCCeSS)kt the_ Stripfe.)tke barK cu-�d �r��e0 lit lr�_ e, S let t �� G.�� f a Ltd a-r► I �( l te �w k cz , a `;„t �Q s cc,�,.�r e ra O C�;cia'S. S' MAR 1 D ?DPI E Couft re ��1G1` MAIL EARLY TO AVOID PENALTIES » Payments must be postmarked on or before the due date shown DATE DUE 1st Half/Full Year APR 30th OFFICE OF THE 2nd Half OCT 31 st MASON COUNTY TREASURER PO BOX 429 SHELTON WA 98584-0429 i �e°N Cot, MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 _ Mason County Bldg. 1 411 N.5th P.O.Box 279 Shelton,WA 98584 1854 March 19, 2010 Mr. Ronald Johnson 3019 S. 101h Street Tacoma, WA 98405-2526 Re: Douglas Neyhart Complaint Letter Dear Mr. Johnson, I am in receipt of Lisa Frazier's letter to you dated March 10, 2010 and your letter received by her on the same date. To respond to your concerns, I can provide the following assistance. With respect to the illegal levee, I am copying this correspondence to Ms. Gloria Rogers with the Washington Department of Fish &t Wildlife for further investigation. Please contact her directly at (360) 249-1293 for follow up. As to Mr. Neyhart's threats to the Weaver family with a firearm and the destruction of personal property and trespass (damage to the cedar tree), please contact the Mason County Sheriff's Office at (360) 427-9670, ext. 313. The Department of Community Development has no ability to enforce on the items referenced in your letter. If you feel there are Mason County Code violations occurring on the property, I would encourage you to file a formal complaint for enforcement action. If you need any further assistance, please feel free to contact me at (360) 427-9670, ext. 286. cerely, Barbara A. Adkins, AICP Department Manager C: Tim Sheldon, Mason County Commissioner Casey Salisbury, Mason County Sheriff Vick Kirkpatrick, Mason County Health Department Lisa Frazier, Mason County Treasurer Gloria Rogers, Washington Department of Fish Et Wildlife Allan Borden, Mason County Community Development . . N �yoo Coo; Office of the Treasurer �A 411 N. 5th, Bldg. I E P.O. Box 429 as Shelton, Washington 98584-0429 (360) 427-9670, ext. 475 • Fax (360) 427-7267 Belfair (360) 275-4467 • Elma (360) 482-5269 Elisabeth (Lisa) Frazier,Treasurer March 10, 2010 RONALD JOHNSON 3019 S IOTH STREET TACOMA WA 98405-2526 RE: Douglas Neyhart Complaint Letter Dear Mr. Johnson: I am in receipt of your letter with concerns against the violation of land use laws by Douglas Neyhart. The Mason County Treasurer would have no authority to take action against Mr.Neyhart for land use violations I am forwarding a copy of your letter on to Mason County Commissioner, Tim Sheldon; Mason County Sheriff, Casey Salisbury;Mason County Department of Community Development and the Mason County Heath Department. Land use violations and/or health related issues would be handled by the Mason County Department of Community Development and Mason County Department of Health. I sincerely hope that these elected officials and county departments will be able to investigate your concerns and respond appropriately. Yours truly, _ Elisabeth(Lisa) Frazier Mason County Treasurer Cc: Office File Tim Sheldon, Mason County Commissioner Diane Zoren, Assistant to the Mason County Commissioners Casey Salisbury, Mason County Sheriff Barbara Adkins, Program Manager, Mason County Community Development Vicki Kirkpatrick, Mason County Public Health Director ---- — (3/18/20'�0) Barbara Adkins- Re: FW: Neyhart Page 1 From: Barbara Adkins To: Gloria 5 (DFW) Rogers Date: 3/18/2010 9:47 AM Subject: Re: FW: Neyhart Gloria- We were copied on a letter from the Mason County Treasurer to Mr. Ronald Johnson regarding Douglas Neyhart. Mr. Johnson sent a letter of complaint to the Treasurer's office regarding an illegal levee (sandbags), threats involving a firearm, and the damage to a cedar tree by Mr. Neyhart on Johnson's property. Do you know what the current status of this property is? I have not heard anything in months, until now. Allan Borden it out this week and I'm not sure how familiar Grace Miller is with the activities. Thanks, Barbara Barbara A. Adkins, AICP Department Manager Mason County Department of Community Development Post Office Box 279 Shelton, WA 98584 360/427-9670 ext. 286 Email: BarbarA@co.moson.wa.us >>> "Rogers, Gloria 5 (I)FW)" <Gloria.Rogers@dfw.wa.gov> 10/16/2009 9:05 AM >>> Barbara and Alan, This activity was not permitted and it is definitely a violation. Unfortunately, WDFW does not have stop work authority. Since Mr. Neyhart works on the weekend, would it be possible for the county to post a stop work notice today? I'll be coordinating with Officer Czebotor regarding enforcement action. Vern's phone number is 360-275-5459 hm or 360-801-5179 cell if you need more info. I have (W 8/26-1-0) Barbara Adkins- Re: FW: Neyhart Page 3 Attached are photos in the area fixed by DNR last year. The 1st Pic shows three tiers of ecology block with a lot of other stuff in the process of being covered up. The other picture is overlooking the previous picture of ecology block toward the river, essentially showing the height of fill and that the blocks are effectively in the river channel. I have lots of other pictures we can go thru when you come up. This should be plenty to get you up to Neyhert's ASAP. Pictures were taken this afternoon at about 1600. Please call me in the AM to confirm you received. You too, Kim. Vern (9/3/2009) Barbara Adkins - Neyhart Farms Page 1 From: Barbara Adkins To: Gloria.Rogers@dfw.wa.gov Date: 9/3/2009 3:22 PM Subject: Neyhart Farms Gloria- I understand that Christine Clark from our office has contacted you regarding a recent complaint regarding Neyhart Farms. I am not very familiar with the case, but I understand that the Neyharts have an agreement with your agency that includes, in part,the removal of ecology blocks. We have received recent information that these blocks have,at this time,still not been removed. In follow up to Ms.Clark's call to you,I told the complainant that I would find out from you what recourse you have to enforce the agreement. Please send me an email,or feel free to give me a call. Thanks, Barbara Adkins Barbara A.Adkins,AICP Department Manager Mason County Department of Community Development Post Office Box 279 Shelton,WA 98584 360/427-9670 ext. 286 Email: BarbarA@co.mason.wa.us (9/3/2009) Barbara Adkins- Re: Neyhart Page 1 From: Christine Clark To: Barbara Adkins Date: 9/3/2009 2:38 PM Subject: Re: Neyhart Yes,my notes are in ENF2009-00113. Her contact info is 249-6522 x249. Christine Clark, R.S. Department of Community Development (360)427-9670 xt.577 >>>Barbara Adkins 9/3/2009 2:14 PM>>> Chrissy- Did you contact Gloria Rogers at F&W about this ecology blocks? If so,can you give me her contact information so that I can follow up with her. Thanks, B (11/20;4009) Barbara Adkins- Fwd: FW: STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR Page 1 From: Grace Miller To: Barbara Adkins; Christine Clark Date: 11/16/2009 12:09 PM Subject: Fwd: FW: STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR Attachments: FW: STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR Barbara and Chrissy, Today Vern Rutter left me a message regarding Neyart asking why we removed the stop work order? I passed the message on to Allan. He seems to think I am Chrissy's supervisor.Then, I got this attached e-mail from Gloria about actions taken in 1995. The point of my e-mail to you is that I really have too much going on(and I am sure Allan probably does too),to take the daily inquiries and problems about Neyhart that are happening right now and may continue through the winter. The worst part about it is the Tahuya River may be flooding right now or soon will be and we probably should be doing something more by the looks of this article from 1995??Maybe one of you or Allan could speak with DOE enforcement person and Neyhart. When I went out to the site with Allan I was really just acting as a co-worker witness and am not really too familiar with all the history or how it pertains to what he is doing today.Thanks for your help. I �(11/20fA009) Barbara Adkins- FW: STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR Page 1 From: "Rogers, Gloria S (DFW)" <Gloria.Rogers@dfw.wa.gov> To: "Allan Borden" <Ahb@co.mason.wa.us>, <Gbm@co.mason.wa.us> Date: 11/16/2009 11:45 AM Subject: FW: STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR FYI STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR Gloria, Here's an article from 1995, prior to the Settlement Agreement with DOE and the Skokomish Tribe, which was to enforce the Mason County SMP. Deja vu at Neyhart Farms. I think DOE's AG should be asked to determine if the 1996 Settlement Agreement is still binding. Marty Ereth PS I would have sent this to Ryan and Pam too but I don't have their email addresses here at home. And in case you can't read the pasted page, heres the web link http//www.ecy.wa.gov/news/1995news/95- 072.html Ecology home <http://www.ecy.wa.gov/ecyhome.html> > News <http://www.ecy.wa.gov/news/news.html> > 1995 News <http://www.ecy.wa.gov/news/newsl995.html> > News Release FOR IMMEDIATE RELEASE May 10, 1995 95-72 CONTACT: Jim Anest (206) 407-6529 Renee Guillierie (206) 407-6159 STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR A Mason County man who boards and trains trotting horses along the Tahuya River has been ordered to comply with the County's shoreline management master program and pay a $5,000 fine. Today the Department of Ecology ordered Douglas Neyhart to stop unpermitted diking and rechanneling of the Tahuya River and to stop filling in the river's floodway. The Tahuya is a major river in the lower Hood Canal. It supports native chum and coho salmon runs. "It often floods in this area and every time it does, manure and sediment from this site can get into the river. The sad thing is that it could have been prevented if Mr. Neyhart had followed the CountyaE TMs shoreline program,A€❑ said Ecology Director Mary Riveland. (11/20,1009) Barbara Adkins- FW: STATE ORDERS HORSE FARM TO RESTORE RIVER CORRIDOR Page 2 After seven years of trying to get Neyhart to voluntarily meet County requirements --without success-- today Ecology ordered him to do so. Neyhart must apply for local shoreline permits for past developments that were done without them, and upgrade past construction so that it meets local shoreline regulations. He also must make sure future developments meet the County's shoreline requirements. "The permits are important because they allow the County to work with the landowner so that development can occur without harming the environment,AEI i said Riveland. Neyhart raises as many as 50 horses in an area that is directly in the rivers€TMs path during floods. When the river flushes away horse manure, the impact on Hood Canal can be significant. The river regularly breaks through the several hundred-foot-long dike, which does not meet county standards, and sends sediment into the river. "If Mr. Neyhart follows the CountyaETMs shoreline requirements, we believe this area can support both a horse farm and a healthy river,a€❑ said Riveland. Neyhart was cited for filling, diking and rechanneling the Tahuya River without a shoreline permit and in violation of requirements of the CountyaETMs shoreline program. The dike was unlawfully constructed in the floodway and the river has broken through the dike several times, carrying manure, mud and other debris into the river, according to Ecology enforcement officer Jim Anest. "The diking and other activities done by Mr. Neyhart have narrowed the river channel and increased flooding in the immediate area,"said Anest. Ecology has received complaints from a neighbor who believes he has lost shoreline due to Neyhart6ETMS diking. Two citizen groups, the Point No Point Treaty Council, and the Skokomish Tribe have also complained about the adverse impacts of NeyhartaETMs actions on flooding, water.quality and fisheries. Ecology first learned of unauthorized levee construction at the site in late 1988. Since then, staff have met with Mr. Neyhart several times to explain that shoreline permits are required, and advised him on how to comply with the local shoreline program. Mason County has also taken several steps to get Mr. Neyhart to follow local ordinances. In January Ecology met with Mr. Neyhart, who agreed to apply for the permits, but then failed to do so. Anest noted that Neyhart is carrying out a farm conservation plan. "We continue to support using best management practices on the horse farm, but they dons€T°"t address the flooding and shoreline problems caused by diking and filling,aEl- he said. According to the order issued today, the penalty will be waived if Neyhart takes the following actions: limmediately stops filling, diking and rechanneling the river within the area covered by the County's shoreline ordinance, unless authorized by Mason County and Ecology, and Develops a plan within 30 days to restore and protect damaged shoreline areas. The plan must be approved by Ecology. Copyright©Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html. <http://access.wa.gov/> Copyright©Washington State Department of Ecology<http://www.ecy.wa.gov/copyright.html> Contact Us <http://www.ecy.wa.gov/feed back.htmI> I Privacy Notice <http://www.ecy.wa.gov/privacy_notice.html> I Site Info <http://www.ecy.wa.gov/siteinfo.html> Information for Ecology staff<http://www.ecy.wa.gov/emp_only.html> Ecology orders horse farm to restore river corridor A Mason County man who boards and Neyhart was cited for filling, with Mr. Neyhart several times to trains trotting horses along the Tahuya diking and rechanneling the Tahuya explain that shoreline permits are River has been ordered to comply River without a shoreline permit and required,and advised him on how to i with the County's shoreline master in violation of requirements of the comply with the local shoreline program and pay a$5,000 fine. County's shoreline program. The dike program. Mason County has also Ecology in May ordered Douglas was unlawfully constructed in the taken several steps to get Mr.Neyhart Neyhart to stop unpermitted diking floodway and the river has broken to follow local ordinances. In January and rechanneling of the Tahuya River through the dike several times, Ecology met with Mr. Neyhart, who and to stop filling in the river's carrying manure,mud and other agreed to apply for the permits,but floodway.The Tahuya is a major river debris into the river,according to then failed to do so. in the lower Hood Canal.It supports Ecology enforcement officer Jim Anest noted that Neyhart is native chum and coho salmon runs. Anest. carrying out a farm conservation plan. "It often floods in this area and "The diking and other activities "We continue to support using best every time it does,manure and done by Mr.Neyhart have narrowed management practices on the horse sediment from this site can get into the river channel and increased farm,but they don't address the the river.The sad thing is that it could flooding in the immediate area,"said flooding and shoreline problems have been prevented if Mr.Neyhart Anest. caused by diking and filling,"he said. had followed the county's shoreline Ecology has received complaints According to the order,the penalty program,"said Ecology Director from a neighbor who believes he has will be waived if Neyhart immedi- Mary Riveland. lost shoreline due to Neyhart's diking. ately stops filling,diking and rechan- Ecology's order comes after seven Two citizen groups,the Point No neling the river within the area years of unsuccessful efforts to get Point Treaty Council, and the covered by the County's shoreline Neyhart to voluntarily meet County Skokomish Tribe have also com- ordinance, unless authorized by requirements.Neyhart must apply for plained about the adverse impacts of Mason County and Ecology,and local shoreline permits for past Neyhart's actions on flooding, water develops a plan within 30 days to developments that were done without quality and fisheries. restore and protect damaged shoreline them,and upgrade past construction Ecology first learned of unautho- areas. The plan must be approved by so that it meets local shoreline regula- rized levee construction at the site in Ecology. tions. He also must make sure future late 1988. Since then,staff have met —Renee Guillerie developments meet the County's shoreline requirements. "The permits are important because they allow the County to work with the landowner so that development can occur without harming the river,"said Riveland. :; Neyhart raises as many as 50 ►} horses in an area that is directly in the a. ` river's path during floods. When the river flushes away horse manure,the impact on Hood Canal can be signifi- cant. The river regularly breaks R� through the several hundred-foot-long dike, which does not meet county • "---� TM , , W standards,and sends sediment into the river. "If Mr. Neyhart follows the `- County's shoreline requirements,we believe this area can support both a `~ horse farm and a healthy river,"said Neyhart farm during December 1994 flood. The entire farm lies directly in the floodway Riveland. of the Tahuya River.Photo:Bill Young Coastal Currents -11- Spring 1995 ( /01 16/2009) Barbara Adkins- FW: Neyhart Page 1 From: "Rogers, Gloria S (DFW)" <Gloria.Rogers@dfw.wa.gov> To: "Barbara Adkins" <BarbarA@co.mason.wa.us>, "Allan Borden" <Ahb@co.mason.... CC: "Jackson, Theodore W(DFW)" <Ted.Jackson @dfw.wa.gov>, "Czebotar, Jason C... Date: 10/16/2009 9:09 AM Subject: FW: Neyhart Attachments: Neyhart 051.jpg; Neyhart 060.jpg Barbara and Alan, This activity was not permitted and it is definitely a violation. Unfortunately, WDFW does not have stop work authority. Since Mr. Neyhart works on the weekend, would it be possible for the county to post a stop work notice today? I'll be coordinating with Officer Czebotar regarding enforcement action. Vern's phone number is 360-275-5459 hm or 360-801-5179 cell if you need more info. I have Gloria Rogers Washington Department of Fish and Wildlife 48 Devonshire Rd Montesano, WA 98563 360-249-4628 x 249 (10/16/2009) Barbara Adkins- FW: Neyhart Page 2 From: Vern Rutter[mailto:vernrutter@msn.com] Sent: Wednesday, October 14, 2009 5:31 PM To: Rogers, Gloria S (DFW) Cc: Van Zwalenburg, Kim (ECY) Subject: Neyhart Hey Gloria: Attached are photos in the area fixed by DNR last year. The 1st pic shows three tiers of ecology block with a lot of other stuff in the process of being covered up. The other picture is overlooking the previous picture of ecology block toward the river, essentially showing the height of fill and that the blocks are effectively in the river channel. have lots of other pictures we can go thru when you come up. This should be plenty to get you up to Neyhart's ASAP. Pictures were taken this afternoon at about 1600. Please call me in the AM to confirm you received. You too, Kim. Vern ti yy , tY. 1 1 1 _ AL _. . S�.d i- �' + �• • ••(• .,• fit. •• � • ''2 � • .j �, '�-r �- , '•mot . ���� :, �' � �; ,• ,-' `. 5'. T 6666 1.. l Y ;,� As '`, �• .��+��\ !,4 1 N<' � ♦:��~�' a ~:= _� - �- - ,v- y f T . 1 • 1 (+/19/21N9) Barbara Adkins- FW: Weekend Update as of 2136 10 1709 Page 1 From: "Rogers, Gloria S (DFW)" <Gloria.Rogers@dfw.wa.gov> To: "Christine Clark" <ChrissyC@co.mason.wa.us> Date: 10/19/2009 9:07 AM Subject: FW: Weekend Update as of 2136 10_17_09 Attachments: Neyhart10_17_09161.jpg From: Vern Rutter[mailto:vernrutter@msn.com] Sent: Saturday, October 17, 2009 8:17 PM To: Rogers, Gloria S (DFW) Cc: lellis@so.co.mason.wa.us Subject: Weekend Update as of 2136 10_17_09 Gloria, Attached is a picture of Mr. Neyhart at the area in question. It was taken today, 17 Oct 09, at about 1520 by Jeff Callahan, Don Callahan's son. Note the backhoe. Jeff notes that this picture also shows Mr. Neyhart reaching for what turned out to be a weapon (gun). According to Gary Key: Mr. Neyhart has been working in the area since this morning about 1000. y 9 9 Gary called the WSP. SGT Jackson at first declined to come to Tahuya because in his opinion the Stop Work order was county responsibility to enforce. SGT Jackson did show up about 1400. He did not go to Neyharts. He stated that he was going to speak to the"county"to get them to enforce as that would be easier than him obtaining a search warrant from a judge. According to Jeff, Don, and Nick Callahan: Jeff arrived at the Callahan property at 1430 and observed SGT Jackson leaving Keys. Jeff observed activity at Neyhart's and proceeded upriver to obtain photos of Neyhart's activities. Don Callahan (father) and Nick Callahan (son of Jeff, grandson of Don) accompanied Jeff. Jeff took a number of photos of Neyhart activity including the attached photo described above. Mr. Neyhart threatened him (stated he was going to shoot him) and Jeff"immediately"went back downriver. Jeff, Don, and Nick heard a gunshot within 2 seconds of Jeffs exit downriver. Jeff called 911. Deputy Ellis arrived at about 1730. He took statements F(1�/19/2?09) Barbara Adkins- FW: Weekend Update as of 2136 10 17 09 Page 2 from Don and Jeff and Nick (grandson) and then went to Neyhart's. Jeff was asked specifically whether he wanted to press charges and he confirmed that he did. The Callahans would appreciate feedback from Deputy Ellis as to actions taken. Marie Key confirms hearing the gun shot. I will update this on Sunday pending further activity. Vern Rutter(for the Keys and Callahans) 360-275-5459 Cell: 801-5179 (10/19/2009) Barbara Adkins- Neyhart Farms Update Page 1 From: "Rogers, Gloria S (DFW)" <Gloria.Rogers@dfw.wa.gov> To: "Barbara Adkins" <BarbarA@co.mason.wa.us>, "Christine Clark" <ChrissyC@c... Date: 10/1/2009 10:44 AM Subject: Neyhart Farms Update Hello, I received a call from a neighbor reporting grading activity at Neyhart's farm on the Tahuya River yesterday. He thought Doug was constructing a channel to reroute the river to the other side of farm next to the hill. I spoke with Doug this morning and he told me he was skimming the sand and gravel that had deposited on his field into the scour hole that had formed on the upstream end of the field. That probably is the case. He was suppose to have done that work last year but did not get to it. Technically, he should have let me know so I could have extended his H PA. He will be working another week and then will contact me for a compliance inspection. Would the county have the time to attend? Gloria Rogers Washington Department of Fish and Wildlife 48 Devonshire Rd Montesano, WA 98563 360-249-4628 x 249