Loading...
HomeMy WebLinkAboutBLD2008-00318 Bridge and Compliance Emails - BLD Letters / Memos - 6/9/2008 -I Ryan —�, rater-2297 Tahuya River Rd - Neyhart Farm 1 -- - —_ From: Mindi Brock To: Ryan Crater Date: 8/1/2008 11:45 am Subject: 2297 Tahuya River Rd- Neyhart Farm Posted stop work notice and placed hold on BLD2008-00318. See photos attached. My enforcement case is BCC2008-00245 Ryan Crat(:[ �297 T�. huya River Rd 4.-IPG E. r " k iEw' ti +., i i.^ - w b w � W f s p Ryan Crater- 2297 Tahuya River Rd_2 JPG 1 soft �w u H. v " Ryan Crater-2297 Tahuya River Rd_3.JPG 1 i a r o. „ , .:. C rzilci 121) i :` .;y River Rd 1 Jrl(C WO Sk o gr� � t w y a ✓ a I rt Ryan Crater- Neyhart (Notification of Non-Compliance) 1 From: Ryan Crater To: neyhart@msn.com; rhoss@hctc.com Date: 7/23/2008 5:08:49 pm Subject: Neyhart (Notification of Non-Compliance) CC: Bennett„Cumming, Pam; Fink, Robert; ma... Mr. Neyhart, The Mason County Planning Department has made repeated request for specific information regarding your bridge work and associated projects. Each time our requests went unanswered or the information submitted was incomplete. You will be receiving a Notification of Non-Compliance in the mail shortly. In addition, a hearing will be scheduled in front of the Mason County Hearings Examiner (Amount of fines yet to be determined). Between now and the hearing the Planning Department would be more than happy to accept the requested information for review as long as all fees are paid prior too. It is possible to avoid the hearing if you fully comply with all requests at least 48 hours before the scheduled hearing as approved by the Reviewing Authority. Any disputes regarding final determinations made by the Reviewing Authority need to be appealed to the Hearings Examiner. 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 Neyhart permit issues I From: Pam Bennett-Cumming To: Ryan Crater Date: 7/14/2008 12:38 pm Subject: Neyhart permit issues Hi there,Take a look at this and see if you think this covers what you need... 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 1 (7/14/2008) Pam Bennett-Cumming RE: Neyhart Page 1 j From: "Gloria Rogers" <rogergsr@DFW.WA.GOV> To: <rhoss@hctc.com> Date: 7/11/2008 3:45 PM Subject: RE: Neyhart CC: <pambc@co.mason.wa.us>, <ryanc@co.mason.wa.us>, "Stephan Kalinowski" <ka... Dear Mr. Hoss, WDFW appreciates your and Mr. Neyhart's willingness to work with WDFW to resolve issues and move forward on the remainder of his project. On July 7th, I spoke with Mr. Neyhart requesting that he send/fax his drawings for review. He has not done so. I was able to obtain copies from the county and had them reviewed by Bob Barnard WDFW's Habitat Technical Assistance Engineer which I will forward to you. He revised one drawing with a suggested design change. Please review these comments. If you have any questions, please feel free to contact me. Again, Mr. Neyhart must comply with the county requirements. By law, I can not issue a HPA without completion of the SEPA process required by the county. Again, complete plans and descriptions are required so that during construction Mr. Neyhart proceeds in a manner he says he will. Complete plans assure what the finish structure is going to be. Both the plans and descriptions provide the WDFW the opportunity to assist Mr. Neyhart develop a structure that minimizes and mitigates project impacts to fishery resources. It provides us the information to provision the permit for the protection of the fishery resources. Again, Mr. Neyhart shall apply for and obtain a separate and new HPA for ANY work on the banks or bed of the stream. This includes removing the blocks from under the bridge. If Mr. Neyhart intends to remove the blocks during the bank/bridge protection work, a description of how this is going to be accomplished needs to be in that JARPA. I am required to forward violations to the enforcement division. WDFW has provided more than several opportunities to comply. Sincerely, Gloria Rogers Area Habitat Biologist Washington Department of Fish and Wildlife 48 Devonshire Rd Montesano, WA 98563 360-249-4628 x 249 >>>"Rick Hoss" <rhoss@hctc.com> 7/8/2008 2:04:51 PM >>> Gloria, I have been trying to assist Neyhart Farms in complying with the County's requirements. I requested permission to attend the closed meeting last week so I could better help the farm comply. For example, I don't have any idea what you mean by: "Mr. Neyhart has not complied with the provisions of (7/14/2008) Pam Bennett-Cumming RE: Neyhart Page 2 HPA Control #112510-1" When I look at the HPA 20 points and I compare with what I observed I can't tell what you think is out of compliance. When I look at the first HPA issued in December, there is a section about placing the cement blocks back to their original position, but with the change in river bed that would be in the river and in violation of some other sections. I think the farm thought it was doing the correct thing by removing the cement from the river and placing them above the high water mark. Neyhart Farm is ready and anxious to comply. They paid their engineer for additional design work, and will obtain and perform additional work as necessary. I have emailed Ryan Crated about a dozen times seeking clarification and assistance, and his response has been less than helpful. For example, only yesterday, after a dozen or so requests, did Ryan mention wanting a revised site plan. Gloria, I will give all my numbers below and I strongly request you hold off on any action until Neyhart Farms gets a clear statement of what they need to correct, then a fair opportunity to correct it. I know a judge can sort through all this, but at great expense of time and energy to all that could instead be spent addressing and correcting any violations of law. am unable to understand why there has been a refusal by the participants to include Neyhart Farms or I in your discussions or plans. This seems to be the worst possible strategy to address a unique situation brought about by a 1000 year flood event. May I suggest you and I try harder to (1) identify(you)and understand (me) the precise issue of concern, then (2)come up with a satisfactory plan to address the concern? My home is 360 877-0700 My cell is 360 490-0550 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 _.. _.. (7/14/2008) Pam Bennett-Cumming - RE Neyhart Page 3 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: Gloria Rogers [mailto:rogergsr@DFW.WA.GOV] Sent: Tuesday, July 08, 2008 1:42 PM To: ryanc@co.mason.wa.us Cc: pambc@co.mason.wa.us; kvan461@ecy.wa.gov; rhoss@hctc.com; Marty Ereth Subject: Neyhart Ryan, With regards to your letter to Neyhart Tahuya Farms dated June 5, 2008, Mr. Neyhart has not complied with the provisions of HPA Control #112510-1 by the county's deadline of July 7, 2008. Last week, I contacted Mr. Neyhart to inquire if he had a strategy for removing the blocks and to make sure he had a active HPA. He said he would request a time extension of the HPA but he never did so. Mr. Neyhart called me yesterday and told me the blocks still were in place. I will be forwarding the files to WDFW Enforcement Division. Gloria Rogers Area Habitat Biologist Washington Department of Fish and Wildlife 48 Devonshire Rd Montesano, WA 98563 360-249-4628 x 249 Ryan Crater- RE: Neyhart 1 1 From: Ryan Crater To: Hoss, Rick Date: 7/7/2008 1:12:58 pm Subject: RE: Neyhart CC: Bennett„Cumming, Pam; Born', 'Vicki; E... Rick, I am confused as to why Mr. Neyhart is finding this difficult? Mr. Neyhart was given specific guidance(many times)as to what was needed in order to further review the project(s)for final permit coverage. What has been submitted was rejected as it didn't provide the reviewing planner with sufficient information. At that point Mr. Neyhart was notified that the site plans needed to be updated. The Planning Department has not received any updated plans as of yet. Once the updated plans are submitted they will be reviewed and if additional updates are needed we will be specific with our request. Once Mr. Neyhart has submitted all requested items we will be better able to assist him with the Permitting process. Until sufficient site plans and permit packets are submitted we are unable to provide Mr. Neyhart with the proper planning assistance. Until such time the Planning Departments requests have been met it is difficult for us to provide you with specific permitting information related to the project. An emergency permit from the County does not give a green light to do work outside of what would normally not be allowed/permitted. I would highly suggest that Mr. Neyhart provide sufficient site plans ASAP before he finalizes his bridge approach work. It is possible that portions of the approach may have to be removed or modified if they do not meet current regulation standards. All other work not associated with the bridge approach is not authorized at this time. Remove of the ecology blocks from the flood way can proceed forward so long as that no additional grading work is completed within the shoreline for their removal. In no way shape or form is the County requiring Mr. Neyhart to modify or limit agricultural activities occurring on his lands. In fact any requirements that we are requesting compliance with will further protect Mr. Neyhart from having his bridge wash away in the future...although this is not guaranteed. The information that was discussed during the meeting between the co-managers was mostly for our use as it pertained to getting everyone on the same page. A list of possible items that would come into play when reviewing the project for final permit review was created. I will provide that to you shortly. As stated many times before...once Mr. Neyhart submits sufficient site plans,engineering,and the requested permit packets we will be better able to assist him. Looking forward to brining this to a close, 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> 7/7/2008 9:28 am >>> Ryan, I am going to submit what I think is required today for Neyhart Farms. I have done public record requests for both the Public Works bridge replacement also on the Tahuya River and for notes from the private,closed meeting you had last week that Neyhart and I were not allowed to attend. Ryan Crater- RE: Neyhart 21 1 This information may be very helpful to our overall understanding,and our submissions are without the benefit of this information. Please inspect the project today,as you have required. Please confirm that you have spoken with Gloria Rogers from WFW and that Neyhart is in compliance with his HPAs. He has received no notice from WDF of noncompliance,and my review of the HPA and site suggests full or substantial compliance. But we were not allowed to attend the private meeting,so I don't know if I am aware of all WDF concerns. Neyhart and Gloria Rogers spoke last week and she told him she would grant an extension on the HPA for additional work to remove certain ecology blocks. It is very difficult for us to know if this is sufficient for the reasons I've stated. This seems an odd approach to problem solving, but you are in total control of the process.We simply request,for all future matters,due and fair process be given Neyhart Farms and compliance with the Shoreline Management Act,especially RCW 90.58.065. 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:RyanC0)co.mason.wa.us1 Sent:Tuesday,July 01, 2008 4:56 PM To: Rick Hoss Cc: 'Vicki Born'; 'DOUGLAS J. NEYHART' Subject: RE: Neyhart Rick, You would need to fill out a public request before I can release any information. Regards, Ryan Crater Land Use Planner/Code Enforcement Mason County Department of Community Development 411 North 5th PO BOX 279 Shelton,WA 98584 Ryan Crater RE: Neyhart J, r I Phone#360-427-9670 ext. 577 Fax# 360-427-8425 >>> "Rick Hoss" <rhossC&hctc.com> 6/30/2008 11:51 am >>> Ryan, One thing you could help me check on, if you don't mind. I've drafted a public records request but the County is typically slow in responding to these requests. Mason Co. Public Works department installed a temporary bridge across the Tahuya Ricer in Dec. 2007 through early 2008.According to Dept of Ecology, the Flows from the Lake Tahuya dam were in the 1000 year event range.This is the same even that destroyed Neyhart Farm's agricultural bridge. Can you check and see what permits the Public Works Dept.applied for and received?I would like a copy of the applications and permits,and I think these will be useful to compare.I want to have a full response by July 7, and I can meet that if I can get these documents by Wednesday.Otherwise I will request a few extra days until Becky at the County can get my Public Record Request ready. I just thought since both of these bridges were destroyed in the same event it will be useful to see what process Mason County followed. Thank you for your kind assistance with my request. Sincerely, Rick RICHARD T. HOSS rhossC@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 fmailto:RyanC@co.mason.wa.usl Sent: Friday,June 27,2008 11:49 AM To: rhoss@hctc.com; nevhart@msn.com Subject: Neyhart FYI- I have coordinated a meeting between WDFW(Gloria Rogers),Skok Tribe(Marty Ereth Habitat Biologist),Ecology(Kim Van Zwalenburg),and Pam Bennet Cumming (Planning). Ryan Crater- RE: Neyhart 4 The intent of the meeting is to review the case for applicable regulations as well as to bring together all the co-managers regarding the projects. It seems a few of us...specifically Gloria and myself have been getting conflicting information regarding the proposed work i.g. Mr. Neyhart has indicated to Gloria that he doesn't have to go through the County regarding the SEPA for the bulkhead. Once the meeting is over, I will be in contact regarding the outcome. 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 (6/13/2008) Pam Bennett-Cumming -Re: Neyhart (Bridge Work on the Tahuya River) Page 1 From: "Gloria Rogers" <rogergsr@DFW.WA.GOV> To: <RyanC@co.mason.wa.us> Date: 6/13/2008 1:06 PM Subject: Re: Neyhart(Bridge Work on the Tahuya River) Attachments: 112510-1 NeyhartBridge.pdf; Ecology Blocks.doc CC: <BarbarR@co.mason.wa.us>, <PamBC.mail.Mason@co.mason.wa.us>, <Rdf@co.mas... Ryan, Just to let you know, Mr. Neyhart did not receive permission to"store" eco blocks under the bridge. During a phone call and a phone message, Mr. Neyhart stated the eco blocks under the bridge were the failed blocks and were placed as bridge protection. He made no mention of it being temporary, not that it matters. My email dated 4/28/2008 clearly stated that no eco blocks would be "placed in front/waterward of the new abutments". The finished project refers to the bridge installation and not future proposals for bank or bridge protection work. The HPA specifically states in the project description and in Provision #2 that any bank or bridge protection work shall be applied for and receive a separate Hydraulic Project Approval. Provision#6 specifically addressed the failed eco blocks. My guess is that Mr. Neyhart may be trying to install piers to support the bridge deck. Prior to installation of the bridge deck, he had "stored"eco blocks waterward of the right bank abutment. He had built what looked like a retaining walls up to his old abutment. The left bank eco blocks under the bridge are configured the same way. Whatever Mr. Neyhart's intent, WDFW's goal is to provide a large cross sectional area for the river. Clearly, this structure reduces it. An officer has been assigned to the violation but will not be available until June 25th. I appreciate the excellent work you and Pam Bennett-Cumming have done regarding this difficult and complex situation. Thanks for all of your hard work and help. Sincerely, Gloria Rogers Area Habitat Biologist Washington Department of Fish and Wildlife 48 Devonshire Rd Montesano, WA 98563 360-249-4628 x 249 >>>"Ryan Crater" <RyanC@co.mason.wa.us> 6/11/2008 6:03 PM >>> 1 (6/13/2008) Pam Bennett-Cumming - Re: Neyhart(Bridge Work on the Tahuya River) Page 2 I spoke with Mr. Neyhart this morning regarding my most recent letter. He has indicated that the ecology blocks in question are only being stored in their current location under the bridge and are scheduled for relocation. He also indicated Gloria Rodgers (WDFW)gave her approval for the storage of the ecology blocks (This statement does not indicate approval was giving). Mr. Neyhart has indicated that he plans on completing some additional work, which seems to have not been shown on the site plans given to the County. The additional work proposed by Mr. Neyhart is not covered under any permits issued by the County nor is it covered under a SEPA exemption or emergency permit. Based on my understanding of the project as described by Mr. Neyhart it appears that additional permits may be needed, such as review under a Mason Environmental Permit with HMP, Shoreline Permit(Substantial Development/Conditional Use). In addition, the work already completed appears to be beyond normal repair and should be considered new and reviewed as such. A SEPA exemption was originally giving based on the information provided to the County, but it appears that the additional work that has been completed and the work proposed is not SEPA exempt or covered under an emergency permit. In order for the County to further assist Mr. Neyhart we need full disclosure of the proposed project(s) and an updated site plan(s) showing final build out. Without these items the County can only speculate as to what it is Mr. Neyhart would like to do as well as properly reviewing the project(s)for appropriate permit coverage. Once Mr. Neyhart provides the County with the correct and final site plan(s)/scope of work we will review the project(s)for permit coverage and a SEPA determination(s). A Stop Work Notification is now being issued for the bridgework and any associated work within shoreline jurisdiction until a proper review can be completed. At this time the County has no choice, but to consider Mr. Neyharts bridgework out of compliance with current regulations. Originally, Mr. Neyhart was given verbal approval for emergency repairs to his bridge. The emergency permit was issued based on information provided by Mr. Neyhart at the time. I have been told that Mr. Neyhart understood that once the emergency work was completed the project was to undergo a complete review using current regulations for permit coverage. At this time, it appears that Mr. Neyharts original description of the emergency repairs is in conflict with what has been completed already. The additional work proposed by Mr. Neyhart is also in conflict with what was originally agreed upon, as I understand it. The County is more than willing to work with Mr. Neyhart, but it is important to note that the proposed project(s)are consistent with what current code/regulations allow. Work completed outside of what is approved is considered a violation and will be addressed through enforcement action. The County looks forward to assisting Mr. Neyhart, but as stated above there are too many unknowns, which is making things very difficult for the County. (6/13/2008) Pam Bennett-Cumming - Re: Neyhart (Bridge Work on the Tahuya River) Page 31 y 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 (6/13/2008) Pam Bennett-Cumming - RE: 25-blocks sticking out, right bank looking downstream Page 1 a From: Ryan Crater To: Bennett-Cumming, Pam; Ereth, Marty; kvan461@ecy.wa.gov; neyhart@msn.c... Date: 6/13/2008 9:26 AM 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 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" <martyCcbSkokomish.org> 6/12/2008 5:09 pm >>> When did Doug put in the huge Eco block wall? Marty -----Original Message----- From: Gloria Rogers[mailto:rogergsr@DFW.WA.GOVI Sent: Monday,June 09,2008 9:08 AM To: ryancC�co.mason.wa.us Subject: 25-blocks sticking out, right bank looking downstream 25- blocks sticking out, right bank looking downstream 28&30- blocks under bridge, left bank,wall is to be removed or modified during the fish window-Neyhart must apply and receive a new HPA for this (6/13/2008) Pam Bennett-Cumming - Neyhart (Bridge Work on the Tahuya River) Page 1 From: Ryan Crater To: neyhart@msn.com; rhoss@hctc.com Date: 6/11/2008 6:03 PM Subject: Neyhart (Bridge Work on the Tahuya River) CC: Bennett-Cumming, Pam; Fink, Robert; kvan461@ecy.wa.gov; Robinson, Bar... For All, I spoke with Mr. Neyhart this morning regarding my most recent letter. He has indicated that the ecology blocks in question are only being stored in their current location under the bridge and are scheduled for relocation. He also indicated Gloria Rodgers (WDFW) gave her approval for the storage of the ecology blocks (This statement does not indicate approval was giving). Mr. Neyhart has indicated that he plans on completing some additional work, which seems to have not been shown on the site plans given to the County. The additional work proposed by Mr. Neyhart is not covered under any permits issued by the County nor is it covered under a SEPA exemption or emergency permit. Based on my understanding of the project as described by Mr. Neyhart it appears that additional permits may be needed, such as review under a Mason Environmental Permit with HMP, Shoreline Permit (Substantial Development/Conditional Use). In addition, the work already completed appears to be beyond normal repair and should be considered new and reviewed as such. A SEPA exemption was originally giving based on the information provided to the County, but it appears that the additional work that has been completed and the work proposed is not SEPA exempt or covered under an emergency permit. In order for the County to further assist Mr. Neyhart we need full disclosure of the proposed project(s) and an updated site plan(s) showing final build out. Without these items the County can only speculate as to what it is Mr. Neyhart would like to do as well as properly reviewing the project(s) for appropriate permit coverage. Once Mr. Neyhart provides the County with the correct and final site plan(s)/scope of work we will review the project(s) for permit coverage and a SEPA determination(s). A Stop Work Notification is now being issued for the bridgework and any associated work within shoreline jurisdiction until a proper review can be completed. At this time the County has no choice, but to consider Mr. Neyharts bridgework out of compliance with current regulations. Originally, Mr. Neyhart was given verbal approval for emergency repairs to his bridge. The emergency permit was issued based on information provided by Mr. Neyhart at the time. I have been told that Mr. Neyhart understood that once the emergency work was completed the project was to undergo a complete review using current regulations for permit coverage. At this time, it appears that Mr. Neyharts original description of the (6/13/2008) Pam Bennett-Cumming - Neyhart(Bridge Work on the Tahuya River) Page 2 t ar emergency repairs is in conflict with what has been completed already. The additional work proposed by Mr. Neyhart is also in conflict with what was originally agreed upon, as I understand it. The County is more than willing to work with Mr. Neyhart, but it is important to note that the proposed project(s) are consistent with what current code/regulations allow. Work completed outside of what is approved is considered a violation and will be addressed through enforcement action. The County looks forward to assisting Mr. Neyhart, but as stated above there are too many unknowns, which is making things very difficult for the County. 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 (6/9/2008,�Pam Bennett-Cumming - RE. Bridge Work (Out of Compliance) Page 1 J. From: Ryan Crater To: Hoss, Rick; neyhart@msn.com Date: 6/9/2008 11:04 AM Subject: RE: Bridge Work(Out of Compliance) CC: Bennett-Cumming, Pam; Rogers', 'Gloria Mr. Hoss, When I was on site with Mr. Neyhart,I specifically stated that nothing was to be placed forward of the new bridge abutments without County approval. Mr. Neyhart never obtained approval from the County. During my meeting with Mr. Neyhart he assured me that no ecology blocks would be placed forward of the new bridge abutments without County approval. Mr. Neyhart leaves me perplexed as to why he would not hold true to his word. I will continue to work with Mr. Neyhart,but I need him to understand that there are certain regulations/standards that need to be met. I look forward to Mr. Neyhart holding true to his word and coming into full compliance with the County and WDFW HPA conditions by the giving deadline. 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" <rhossOhctc.com> 6/9/2008 9:21 am >>> Mr.Crater, Mr. Neyhart has a long history of good citizenship; it is likely he either wasn't aware of further actions due on his part or he inadvertently neglected it. Perhaps this reminder is all that is necessary. If not, please contact me and I will assist with the completion of necessary work. Sincerely, RICHARD T. HOSS rhoss(-Ohctc.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. I (6/WM8)Pam Bennett-Cumming - RE: Bridge Work (Out of Compliance) Page 2 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 fmailto:RyanCC-0co.mason.wa.usl Sent: Monday,June 09,2008 8:29 AM To: neyhart@msn.com Cc: Pam Bennett-Cumming; Gloria Rogers; rhoss(a)hctc.com Subject: Bridge Work(Out of Compliance) Hard copy mailed on June 5,2008. Dear Mr. Neyhart, On May 6, 2008 you agreed in writing to abide by specific County requirements and permit processes. Based on information provided by Gloria Rodgers from the Washington Department of Fish and Wildlife(WDFW),you have failed to comply with the conditions set forth in your HPA,Control # 112510-1 issued May 14, 2008 and expiring on June 15, 2008. Failure to comply with the HPA is a violation of the County permit. The County has also been informed that you have expanded your structure outside of the agreed upon building footprint,which triggers additional permit(s). I have included a SEPA checklist and Shoreline Permit application that you will need to fill out and turn into the County. Please be advised additional permit fees may be required. The portions of the bridge or its associated structures placed outside of the original agreed upon site plan are not covered under the SEPA exemption. In addition, Planner Pam Bennett-Cumming has indicated you have failed to submit the earlier requested items needed to obtain and finalize your permit(s)from the County. Therefore, I have no choice but to take enforcement action at this time. To avoid further enforcement action please comply with the written agreement and additional requests contained within this letter. Failure to comply by the deadline will trigger additional enforcement action,which could result in your case being forwarded to the Mason County Hearings Examiner Initial Compliance: 1)Compliance regarding the HPA means a call from Gloria to myself that you have fulfilled the HPA requirements by the above date of 7-7-08. 2)Compliance with the County means that all requested permit paperwork has been submitted to the County and an inspection by the Enforcement Planner (myself) is completed before 7-7-08 to verify that there are no other remaining code violations. The County has tried to work with you on this by giving you extra time to submit the requested items and other information, but you have failed to submit the requested items in a timely manner. You are also,not complying with your signed agreement with the County. July 7, 2008 is your final deadline. If you fail to complete/submit the requested items by the deadline your case will be forwarded to the Hearings Examiner. It is unfortunate that enforcement action has to be taken, but you leave us no choice in the matter. You have 20 working days from receipt of this letter to complete the above requested items. (6/9/2008)f am Bennett-Cumming - RE Bridge Work (Out of Compliance) Page 3� If the requested items are not submitted within 20 working days(By July 7, 2008)a hearing may be scheduled. In addition you could face possible fines up to$1,000 a day for each violation count(From the date of violation discovery)for violating the above code. You will also be responsible for the cost of the hearing,which is$1,480.00. If you have any questions please give me a call at ext. 577. Regards, Ryan Crater Enclosed in the certified mail: 1)SEPA checklist 2)Shoreline Permit application 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 --- .- --- --- ------ - (6/9/20K) Pam Bennett-Cumming RE: Bridge Work (Out of Compliance) Page 1 From: "Rick Hoss" <rhoss@hctc.com> To: "'Ryan Crater"' <RyanC@co.mason.wa.us>, <neyhart@msn.com> Date: 6/9/2008 9:21 AM Subject: RE: Bridge Work (Out of Compliance) CC: "'Pam Bennett-Cumming"' <PamBC@co.mason.wa.us>, "'Gloria Rogers"' <roger... Mr. Crater, Mr. Neyhart has a long history of good citizenship; it is likely he either wasn't aware of further actions due on his part or he inadvertently neglected it. Perhaps this reminder is all that is necessary. If not, please contact me and I will assist with the completion of necessary work. 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[mai Ito:Ryan C@co.mason.wa.us] Sent: Monday, June 09, 2008 8:29 AM To: neyhart@msn.com Cc: Pam Bennett-Cumming; Gloria Rogers; rhoss@hctc.com Subject: Bridge Work (Out of Compliance) Hard copy mailed on June 5, 2008. Dear Mr. Neyhart, On May 6, 2008 you agreed in writing to abide by specific County requirements and permit processes. Based on information provided by Gloria Rodgers from the Washington Department of Fish and Wildlife (WDFW), you have failed to comply with the conditions set forth in your HPA, Control# 112510-1 issued May 14, 2008 and expiring on June 15, 2008. Failure to comply with the HPA is a violation of the County permit. The County has also been informed that you have expanded your structure outside of the agreed upon building footprint, which triggers additional permit(s). I have 1 (6/9/20G41 Pam Bennett-Cumming - RE: Bridge Work (Out of Compliance) Page 2 included a SEPA checklist and Shoreline Permit application that you will need to fill out and turn into the County. Please be advised additional permit fees may be required. The portions of the bridge or its associated structures placed outside of the original agreed upon site plan are not covered under the SEPA exemption. In addition, Planner Pam Bennett-Cumming has indicated you have failed to submit the earlier requested items needed to obtain and finalize your permit(s)from the County. Therefore, I have no choice but to take enforcement action at this time. To avoid further enforcement action please comply with the written agreement and additional requests contained within this letter. Failure to comply by the deadline will trigger additional enforcement action, which could result in your case being forwarded to the Mason County Hearings Examiner Initial Compliance: 1)Compliance regarding the HPA means a call from Gloria to myself that you have fulfilled the HPA requirements by the above date of 7-7-08. 2)Compliance with the County means that all requested permit paperwork has been submitted to the County and an inspection by the Enforcement Planner (myself) is completed before 7-7-08 to verify that there are no other remaining code violations. The County has tried to work with you on this by giving you extra time to submit the requested items and other information, but you have failed to submit the requested items in a timely manner. You are also, not complying with your signed agreement with the County. July 7, 2008 is your final deadline. If you fail to complete/submit the requested items by the deadline your case will be forwarded to the Hearings Examiner. It is unfortunate that enforcement action has to be taken, but you leave us no choice in the matter. You have 20 working days from receipt of this letter to complete the above requested items. If the requested items are not submitted within 20 working days (By July 7, 2008)a hearing may be scheduled. In addition you could face possible fines up to $1,000 a day for each violation count(From the date of violation discovery)for violating the above code. You will also be responsible for the cost of the hearing,which is $1,480.00. If you have any questions please give me a call at ext. 577. Regards, Ryan Crater Enclosed in the certified mail: 1)SEPA checklist 2) Shoreline Permit application 11 (6/9/2�8) Pam Bennett-Cumming - RE. Bridge Work (Out of Compliance) Page 3 s � 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 (6/9/2008) Pam Bennett-Cumming -Bridge Work (Out of Compliance) Page-1-1 From: Ryan Crater To: neyhart@msn.com Date: 6/9/2008 8:29 AM Subject: Bridge Work (Out of Compliance) CC: Bennett-Cumming, Pam; rhoss@hctc.com; Rogers, Gloria Hard copy mailed on June 5,2008. Dear Mr. Neyhart, On May 6, 2008 you agreed in writing to abide by specific County requirements and permit processes. Based on information provided by Gloria Rodgers from the Washington Department of Fish and Wildlife(WDFW),you have failed to comply with the conditions set forth in your HPA,Control # 112510-1 issued May 14, 2008 and expiring on June 15, 2008. Failure to comply with the HPA is a violation of the County permit. The County has also been informed that you have expanded your structure outside of the agreed upon building footprint,which triggers additional permit(s). I have included a SEPA checklist and Shoreline Permit application that you will need to fill out and turn into the County. Please be advised additional permit fees may be required. The portions of the bridge or its associated structures placed outside of the original agreed upon site plan are not covered under the SEPA exemption. In addition, Planner Pam Bennett-Cumming has indicated you have failed to submit the earlier requested items needed to obtain and finalize your permit(s)from the County. Therefore,I have no choice but to take enforcement action at this time. To avoid further enforcement action please comply with the written agreement and additional requests contained within this letter. Failure to comply by the deadline will trigger additional enforcement action,which could result in your case being forwarded to the Mason County Hearings Examiner Initial Compliance: 1)Compliance regarding the HPA means a call from Gloria to myself that you have fulfilled the HPA requirements by the above date of 7-7-08. 2)Compliance with the County means that all requested permit paperwork has been submitted to the County and an inspection by the Enforcement Planner(myself) is completed before 7-7-08 to verify that there are no other remaining code violations. The County has tried to work with you on this by giving you extra time to submit the requested items and other information, but you have failed to submit the requested items in a timely manner. You are also, not complying with your signed agreement with the County. July 7, 2008 is your final deadline. If you fail to complete/submit the requested items by the deadline your case will be forwarded to the Hearings Examiner. It is unfortunate that enforcement action has to be taken, but you leave us no choice in the matter. You have 20 working days from receipt of this letter to complete the above requested items. If the requested items are not submitted within 20 working days(By July 7, 2008)a hearing may be scheduled. In addition you could face possible fines up to$1,000 a day for each violation count(From the date of violation discovery)for violating the above code.You will also be responsible for the cost of the hearing,which is$1,480.00. If you have any questions please give me a call at ext. 577. Regards, Ryan Crater Enclosed in the certified mail: 1)SEPA checklist 2)Shoreline Permit application Land Use Planner Code Enforcement (5/15/2008)Pam Bennett-Cumming - RE: Neyhart Page 1 A op From: Ryan Crater To: Bennett-Cumming, Pam; Hoss, Rick Date: 5/15/2008 8:00 AM Subject: RE: Neyhart CC: Ring-Erickson, Lynda FYI- Rick, Just so you know,I let Doug know yesterday that I found a way to let the debris removal from the river move forward without the SEPA being totally complete. Although the debris removal and deck placement will be moving forward, it is possible SEPA may still need to be completed. Mr. Neyhart still needs to fill out the checklist and get it into us. WAC: 197- 11 -880(Emergencies*) Prevent an imminent threat of serious environmental degradation. *If portions of the project meet the definition of emergency,those portions can be done immediately without SEPA environmental review.Other portions may require SEPA review.For example,if a marina collapses in a storm,cleanup may need to occur immediately to prevent a threat to the public or the environment.This would probably be considered an emergency exemption. However,the additional reconstruction/repair that can be done over a longer period of time would require SEPA review. 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 >>> Pam Bennett-Cumming 5/13/2008 12:07 pm >>> Rick, RE:your email below. I understand that Ryan will be providing a more detailed response,but in the interest of time.... Essentially what we are saying is that it doesn't appear possible to exempt Mr Neyhart from SEPA review of at least some of the actions he proposes. And we are aware and happy that Mr. Neyhart was willing to sign agreeing to the points we outlined-that goes a long way in clarifying your client's willingness to work with us through this process. (Still waiting for the hard copy by the way). However we understand that it was the emergency that precipitated the damage to the old bridge,and that it has taken longer than anyone thought to build the replacement,and timing for placing the bridge deck is getting short. We understand that Mr. Neyhart may need to proceed at his own risk,recognizing there will still be paperwork and reviews to complete,as he agreed to. I hope this clarifies Mason County's responsibility in this instance. Pam 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 (5/15/2008) Pam Bennett-Cumming- RE: Neyhart x Page 2 l email: pambc@co.mason.wa.us >>> "Rick Hoss" <rhoss@hctc.com> 5/13/2008 10:41 AM >>> Pam, The crane is scheduled to arrive Thursday($12,000 cost)and the bridge is coming Friday. I have two points that suggest no SEPA should be required. First,the category exemptions do not speak of material expansions,and a simple reading of the plain language of this section says:except that...only..replacement of structures.. may be exempt.The plain language and plain meaning is that only minor repair of structures is allowed, but replacement of structures is allowable.This is exactly what Neyhart Farms wishes to do: Replacement of structure.The removal of the old bridge and abutment is allowed by Fisheries under their HPA.The language of the exemption WAC 197-11-800 follows: (3)Repair, remodeling and maintenance activities.The following activities shall be categorically exempt:The repair,remodeling,maintenance,or minor alteration of existing private or public structures,facilities or equipment,including utilities, involving no material expansions or changes in use beyond that previously existing;except that,where undertaken wholly or in part on lands covered by water,only minor repair or replacement of structures may be exempt(examples include repair or replacement of piling, ramps,Floats,or mooring buoys,or minor repair,alteration,or maintenance of docks). Second,When Doug received your"Neyhart Project Information for LRE"he immediately forwarded to you a signed consent to your requirements and sought advice from you about what was then required for his approvals. I understand he was told you were out of the case and he should deal with Ryan Crater.When Doug couldn't get response from Ryan Crater, I started calling Ryan and leaving detailed voice mails(Last Tuesday,Thursday, Monday). Gloria Rogers from Fisheries told me she couldn't get a reply form Ryan Crater after many attempts.So Doug and I have had a wasted week with no reply from the planner. Doug has made his schedule known well in advance, and rescheduled once. In the meantime,two of Doug's workers have suffered injuries because the bridge hasn't yet been replaced. Please advise if this work can go forward on Friday as planned.If Mason Co. is going to require the SEPA(it doesn't have to for the reason cited above) then please advise how fast that application can be processed. 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 (5/15/2008) Pam Bennett-Cumming - RE Neyhart Page 3 j, to avoid tax-related penalties under federal,state or local law. -----Original Message----- From: Pam Bennett-Cumming Li Ito:PamBC@co.mason.wa.usl Sent: Monday, May 12,2008 2:46 PM To: Rick Hoss Cc: Ryan Crater; Gloria Rogers Subject: RE: Neyhart Rick, Part of Mr Neyhart's work is going to be below the Ordinary High Water Mark of the river,and the bridge he is installing is larger. It is not an exempt activity under WAC197-11-800. Also,while we were originally able to temporarily exempt this activity(way back in December at the time of the flood), Mr Neyhart has had plenty of time to complete his permits,but didnt start until neighbors complained he was doing work-in late march. There has been substantial activity already below the Ordinary High Water Mark. WAC197-11-880 applied back during-and recently after-the flooding,but again,such a long time has passed,and the case is being challenged by several. Our only defensible choice would be to require SEPA. If he turns in the paperwork for the MEP and SEPA,and clarifies his timeline for the bridge delivery,that would go a long way.We dont want to make things more difficult for Mr Neyhart than they already are,but we have to be able to respond to questions knowing that we have treated Mr Neyhart appropriately under our(and state)regulations. Ecology has already questioned our decision to review the replacement bridge without requiring a Shoreline Substantial Development Permit,since the bridge replacement is higher and longer. I hope you understand we are trying to work with your client Mr Neyhart to get through this as easily as possible. It will help greatly if he is clear that some of the activities that have been occurring below the Ordinary High Water Mark have contributed to the concerns of others. Lets just find a way to work through this as quickly as possible.pam 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 >>> "Rick Hoss" <rhoss@hctc.com> 5/12/2008 2:26 PM >>> Pam, Thank you for your fast response.I admit to being frustrated last week when you were not handling this.And it makes me especially pleased with your prompt reply. Why the SEPA and not an exemption?Will you please give the code/WAC citation you are considering?May I suggest a different interpretation? If Doug does file the SEPA,what is the time frame? Thanks again. Sincerely, Rick ( (5/15/2008) Pam Bennett Cumming - RE: Neyhartf Page 4 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: Pam Bennett-Cumming rmailto:PamBC@co.mason.wa.usl Sent: Monday,May 12, 2008 2:16 PM To: Rick Hoss Cc: Ryan Crater; Gloria Rogers Subject: Re: Neyhart Good afternoon Rick, Thanks for the email. My role at this time would be to review the Mason Environmental Permit and SEPA checklist that Ryan is sending out for completion. Mr Neyhard will need to submit the completed documents to the permit center for the county to review. I also want to be clear that we are looking at this portion of the process as per Mr Neyhart's response letter faxed to us on May 6,2008. I.e. removal of the bridge abutment lying in the river,and the old bridge,and setting the new deck on the replacement abutments. I understand from Gloria Rogers of WDFW that the second"old"abutment will be cut off. The sooner we get these completed documents,the sooner we can review them and work to completion for Mr Neyhart. I hope this clarifies things somewhat,parr 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: pambcCa@co.mason.wa.us >>> "Rick Hoss" <rhoss@hctc.com> 5/12/2008 2:00 PM >>> Pam, Can you please help Mr. Neyhart complete his approval process?He and I will really appreciate your kind assistance. (5/15/2 m Pam Bennett-Cumming - RE: N eymart 5 From Ryan Crater we now know he is out of the loop and you are back in. Gloria Rogers has tried to cooperate and I think she will continue to do so. Both Gloria and I have had trouble getting a return call from Ryan. Doug had another worker injured last week hauling the very heavy bales of hay across in the rowboat then up the hill. Will you lease let Doug and I know just what you require next and why?If Y P 9 J Y q Y we have completed all requirements that is great but we need to know. Thank you. Sincerely, Rick RICHARD T. HOSS rhossOhctc.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. 1 (5/13/2008) Pam Bennett-Cumming{- RE: Neyhart mm_ Page 1_ From: Pam Bennett-Cumming To: Rick Hoss Subject: RE: Neyhart Rick, RE: your email below. I understand that Ryan will be providing a more detailed response, but in the interest of time.... Essentially what we are saying is that it doesn't appear possible to exempt Mr Neyhart from SEPA review of at least some of the actions he proposes. And we are aware and happy that Mr. Neyhart was willing to sign agreeing to the points we outlined -that goes a long way in clarifying your client's willingness to work with us through this process. (Still waiting for the hard copy by the way). However we understand that it was the emergency that precipitated the damage to the old bridge, and that it has taken longer than anyone thought to build the replacement, and timing for placing the bridge deck is getting short. We understand that Mr. Neyhart may need to proceed at his own risk, recognizing there will still be paperwork and reviews to complete, as he agreed to. hope this clarifies Mason County's responsibility in this instance. Pam >>>"Rick Hoss"<rhoss(a)hctc.com> 5/13/2008 10:41 AM >>> Pam, The crane is scheduled to arrive Thursday($12,000 cost)and the bridge is coming Friday. I have two points that suggest no SEPA should be required. First, the category exemptions do not speak of material expansions, and a simple reading of the plain language of this section says: except that...only..replacement of structures.. may be exempt. The plain language and plain meaning is that only minor repair of structures is allowed, but replacement of structures is allowable. This is exactly what Neyhart Farms wishes to do: Replacement of structure. The removal of the old bridge and abutment is allowed by Fisheries under their HPA. The language of the exemption WAC 197-11-800 follows: (3) Repair, remodeling and maintenance activities. The following activities shall be categorically exempt: The repair, remodeling, maintenance, or minor alteration of existing private or public structures,facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). Second, When Doug received your"Neyhart Project Information for LRE" he immediately forwarded to you a signed consent to your requirements and sought advice from you about what was then required for his approvals. I understand he was told you were out of the case and he should deal with Ryan Crater. When Doug couldn't get response from Ryan Crater, I started calling Ryan and leaving detailed voice mails (Last Tuesday, Thursday, Monday). Gloria Rogers from Fisheries told me she couldn't get a reply form Ryan Crater after many attempts. So Doug and I have had a wasted week with no reply from the planner. Doug has made his schedule known well in advance, and rescheduled once. In the meantime, two of Doug's workers have suffered injuries because the bridge hasn't yet been replaced. _ --- _ _ (5/13/2008) Pam Bennett-Cumming -RE: Neyhart Page 2 1. Please advise if this work can go forward on Friday as planned. If Mason Co. is going to require the SEPA(it doesn't have to for the reason cited above) then please advise how fast that application can be processed. Sincerely, RICHARD T. HOSS rhoss(c�hctc.com HOSS &W ILSON-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: Pam Bennett-Cumming fmailto:PamBC(a-)co.mason.wa.usl Sent: Monday, May 12, 2008 2:46 PM To: Rick Hoss Cc: Ryan Crater; Gloria Rogers Subject: RE: Neyhart Rick, Part of Mr Neyhart's work is going to be below the Ordinary High Water Mark of the river, and the bridge he is installing is larger. It is not an exempt activity under WAC197-11-800. Also,while we were originally able to temporarily exempt this activity(way back in December at the time of the flood), Mr Neyhart has had plenty of time to complete his permits, but didnt start until neighbors complained he was doing work- in late march. There has been substantial activity already below the Ordinary High Water Mark. WAC197-11-880 applied back during-and recently after-the flooding, but again, such a long time has passed, and the case is being challenged by several. Our only defensible choice would be to require SEPA. If he turns in the paperwork for the MEP and SEPA, and clarifies his timeline for the bridge delivery, that would go a long way. We dont want to make things more difficult for Mr Neyhart than they already are, but we have to be able to respond to questions knowing that we have treated Mr Neyhart appropriately under our(and state)regulations. Ecology has already questioned our decision to review the replacement bridge without requiring a Shoreline [(5/13/2008) Pam Bennett-Cumming - RE Neyhart Page 3 1 Substantial Development Permit, since the bridge replacement is higher and longer. I hope you understand we are trying to work with your client Mr Neyhart to get through this as easily as possible. It will help greatly if he is clear that some of the activities that have been occurring below the Ordinary High Water Mark have contributed to the concerns of others. Lets just find a way to work through this as quickly as possible. pam 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: pambcaco.mason.wa.us >>>"Rick Hoss" <rhossa_hctc.com> 5/12/2008 2:26 PM >>> Pam, Thank you for your fast response. I admit to being frustrated last week when you were not handling this. And it makes me especially pleased with your prompt reply. Why the SEPA and not an exemption?Will you please give the code/WAC citation you are considering? May I suggest a different interpretation? If Doug does file the SEPA,what is the time frame? Thanks again. Sincerely, Rick RICHARD T. HOSS rhossa.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 (5/13/2008) Pam Bennett-Cumming - RE: Neyhart Page 4 to avoid tax-related penalties under federal, state or local law. -----Original Message----- From: Pam Bennett-Cumming [mailto:PamBC(cDco.mason.wa.usl Sent: Monday, May 12, 2008 2:16 PM To: Rick Hoss Cc: Ryan Crater; Gloria Rogers Subject: Re: Neyhart Good afternoon Rick, Thanks for the email. My role at this time would be to review the Mason Environmental Permit and SEPA checklist that Ryan is sending out for completion. Mr Neyhard will need to submit the completed documents to the permit center for the county to review. I also want to be clear that we are looking at this portion of the process as per Mr Neyhart's response letter faxed to us on May 6, 2008. Le. removal of the bridge abutment lying in the river, and the old bridge, and setting the new deck on the replacement abutments. I understand from Gloria Rogers of WDFW that the second "old"abutment will be cut off. The sooner we get these completed documents, the sooner we can review them and work to completion for Mr Neyhart. I hope this clarifies things somewhat, pam 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: pambcaco.mason.wa.us >>>"Rick Hoss" <rhoss(a)hctc.com> 5/12/2008 2:00 PM >>> Pam, Can you please help Mr. Neyhart complete his approval process? He and 1 will really appreciate your kind assistance. From Ryan Crater we now know he is out of the loop and you are back in. Gloria Rogers has tried to cooperate and I think she will continue to do so. Both Gloria and I have had trouble getting a return call from Ryan. Doug had another worker injured last week hauling the very heavy bales of hay across in the rowboat then up the hill. Will you please let Doug and I know just what you require next, and why? If we have completed all requirements that is great but we need to know. (5/13/2008) Pam Bennett-Cumming - RE: Neyhart Page 5 Thank you. Sincerely, Rick RICHARD T. HOSS rhoss(a_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. CC: Lynda Ring-Erickson; Ryan Crater (4/30/2008) Pam Bennett-Cumming - ECOLOGY BLOCKS Page 1 From: "DOUGLAS J. NEYHART" <neyhart@msn.com> To: "Pam Bennett-Cumming" <PamBC@co.mason.wa.us> Date: 4/30/2008 1:49 PM Subject: ECOLOGY BLOCKS CC: "Gloria Rogers" <rogergsr@DFW.WA.GOV> DEAR PAM. THIS EMAIL IS TO MAKE SURE THAT WE ARE ALL ON THE SAME PAGE. MY AGREEMENT WITH GLORIA ROGERS, IS THAT NO ECOLOGY BLOCKS, WILL BE PERMANENTLY PLACED WATERWARD OF THE NEW ABUTMENTS. ANY ECOLOGY BLOCKS THAT ARE WATERWARD OF THE NEW ABUTMENTS, ARE TEMPORARY STORED UNTIL THE CRANE GETS TO THE SITE. ALL THESE ECOLOGY BLOCKS WILL BE MOVED ACROSS THE RIVER, AND BE USED TO HOLD THE RAMPS UP TO BRIDGE. ALSO THE CRANE WILL FIRST REMOVE THE ABUTMENT THAT IS LAYING IN THE RIVER, SECOND THE CRANE WILL REMOVE THE TEN TO TWELVE ECOLOGY BLOCKS THAT ARE LAYING IN THE RIVER, THEN THE BRIDGE WILL BE PLACED ON THE ABUTMENTS. THE LAST THING TO BE REMOVED FROM THE RIVER WILL BE THE OLD BRIDGE, ON TO A LOG TRUCK. ANY PLACEMENTS OF ECOLOGY BLOCKS WATERWARD OF THE NEW ABUTMENTS WILL BE BY SEPARATE PERMIT. I HOPE THIS CLEARS UP ANY MISUNDERSTANDING. SINCERELY YOURS DOUGLAS J. NEYHART NEYHART FARMS 206-818-3188 I (4/29/2008) Pam Bennett-Cumming - Neyhart Page 1 From: Pam Bennett-Cumming To: Ryan Crater Date: 4/29/2008 2:57 PM Subject: Neyhart CC: Gloria Rogers; neyhart@msn.com; Vanzwalenburg, Kim Rya n, Please note that this email is also cc'd to applicant Doug Neyhart, Gloria Rogers of WDFW, and Kim Vanzwalenburg of Ecology shorelines. 1. We understand that you did site review of the Neyhart farm bridge abutments yesterday. To clarify, he was not authorized to place blocks waterward of his new bridge abutments. In fact based on his site plan and engineering drawings for the abutments, no other material is to be placed. 2. After reviewing the photos that Gloria Rogers of WDFW sent to us, this is to let you know that the additional blocks placed by Mr Neyhart were never discussed as part of any bridge abutment work. They would not be allowed under the current review. The agreement was that we would review his application for block in line with the new footings - however since we do not have any kind of a site plan showing that, we would review the submitted materials on the understanding that all existing block noted and photographed when Jim and I did our site visit - will be removed. Now what I see is that more have been added. 3. Both Gloria Rogers and myself have been very clear with Mr Neyhart that only the 9 Y rY Y Y new bridge footings with bridge overlay are being reviewed currently under this emergency permit, together with the work DNR proposes to do upstream. NOTHING else would be permitted. The current unreviewed activities should receive a STOP WORK. At present he does not have any approved permits in hand from either Mason County, or Fish and Wildlife. We have been trying to work with Mr Neyhart through what we recognize has been a difficult time for him due to flooding and damage to his farm. However we cannot change the regulations because of that. Please take whatever steps you need to take to ensure that the unauthorized materials are removed. At this time it would be very difficult for us to continue review of his permit until this is resolved. Pam Bennett- Cumming Pam Bennett-Cumming, M.E.S Senior Planner - Water Resource Planning Mason County Department of Community Development 411 North 5th (4/29/2n08) Pam Bennett-Cumming - Neyhart' Page 2 0 PO Box 279 Shelton, WA 98584 phone: (360) 427-9670 x287 fax: (360) 427-8425 email: pambc@co.mason.wa.us (4/28/2008) Pam Bennett-Cumming - Ecology Blocks Page 1 From: "Gloria Rogers" <rogergsr@DFW.WA.GOV> To: <neyhart@msn.com> Date: 4/28/2008 2:16 PM Subject: Ecology Blocks CC: <pambc@co.mason.wa.us>, <ryanc@co.mason.wa.us>, "Ted Jackson" <jackstwj@... Hello Doug, This email is to make sure we are on the same page. The ecology blocks shall not extend or be placed in front/waterward of the new abutments when the project is finished. There are currently blocks that extend from the sides waterward or that have been placed parallel in front(waterward)of the new abutment on the right bank. These blocks will need to be removed. If you intend to place the ecology blocks around the sides of the abutments, please show on your plans how these blocks are going to be positioned. Sincerely, Gloria Rogers Area Habitat Biologist Washington Department of Fish and Wildlife 48 Devonshire Rd Montesano,WA 98563 360-249-4628 x 249 (4/22/2008) Pam Bennett-Cumming - Site plan for bridge replacement Page 1 From: Pam Bennett-Cumming To: neyhart@msn.com Subject: Site plan for bridge replacement Dear Mr. Neyhart: Below is a copy of the text of a letter just sent to you regarding the need for a site plan. "When planning staff conducted our site visit to discuss your proposed bridge repair,we indicated that you would need to submit a site plan with the application. We understood later from you that you had later submitted one with the additional bridge engineering required. Staff has spoken with Plans Examiner Rich Balderston, and examined the case file. As of today we still do not have a site plan. Enclosed with this letter is an example of what a site plan looks like. Distances can be represented as approximate. This can be hand drawn. We suggest that in the interest of speed you fax us the plan at 360.427.8425. We look forward to reviewing the plan and continuing review of your project." So far we don't have any site plan at all. Below is a link to the county website, which has a description of what should go on a site plan. Faxing would be the fastest way to get this to us. Right now this is what we are waiting for in order to move forward. We hope you can get this in as soon as possible so your project can be reviewed as quickly as possible. http://www.co.mason.wa.us/forms/Community Dev/site plan.pdf Thank you. pbc CC: Gloria Rogers T.. 1 (4/22/2008) Pam Bennett-Cumming - No Neyhart site plan yet Page 1 From: Pam Bennett-Cumming To: Gloria Rogers Subject: No Neyhart site plan yet Hi there, I understand you are meeting with some folks out there on Friday. Had some interesting comments from neighbors. (you too?) I still have no site plan. Neyhart says he turned it in later with additional engineering but I reviewed the plans file and spoke with our plan reviewer, and no, he didnt. I sent him this letter today: "When planning staff conducted our site visit to discuss your proposed bridge repair, we indicated that you would need to submit a site plan with the application. We understood later from you that you had later submitted one with the additional bridge engineering required. Staff has spoken with Plans Examiner Rich Balderston, and examined the case file. As of today we still do not have a site plan. Enclosed with this letter is an example of what a site plan looks like. Distances can be represented as approximate. This can be hand drawn. We suggest that in the interest of speed you fax us the plan at 360.427.8425. We look forward to reviewing the plan and continuing review of your project." Please let me know how the meeting goes on Friday, take care... parr (4/7/2008) Grace Miller- Neyhart bridge HPA conditions Pagel J From: Pam Bennett-Cumming To: Gloria Rogers Date: 4/3/2008 5:06 PM Subject: Neyhart bridge HPA conditions CC: Grace Miller Hi there, Since I will be out of town next week (April 7-11), 1 wanted you to know that I have given the Neyhart file to Grace, in case you are ready to issue the HPA. Please connect with her (cc me) to make sure she has the HPA conditions to put on the plan. Also, did Neyhart give you a site plan so that you have something to mark up. We didnt get one, so if there is one, mark it up and fax it to Grace too. Thats all I know. I will be in New Mexico so not thinking about work at all. Take care, pam 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 (3/14/2008) Pam Bennett-Cumming =Re: Fwd ENF2008-00021 Page 1 I From: "Gloria Rogers" <rogergsr@DFW.WA.GOV> To: <JimSc@co.mason.wa.us>, <PamBC@co.mason.wa.us>, <RyanC@co.mason.wa.us> Date: 3/14/2008 3:51 PM Subject: Re: Fwd: ENF2008-00021 Attachments: 111526-1 Neyhart.pdf 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. I (3/14/2008) Pam Bennett-Cumming - Re: Fwd: ENF2008-00021 _ - Page 2 Hope this information helps. 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 (3/18/2008) Pam Bennett Cumming - Neyhart Page 1 From: "Gloria Rogers" <rogergsr@DFW.WA.GOV> To: <pambc@co.mason.wa.us> Date: 3/18/2008 3:28 PM Subject: Neyhart Pam, I don't have a problem with Doug using a crane to pull out the old bridge, footings and blocks providing he fulfills your requirements. I'll just issue another HPA for that. He must wait for the fish window to replace any of the blocks because it sounds like he wants to muck around. have not heard back from DNR so frankly I do not know what's up with that. It would be a great project. It would be a better project if done during the fish window but it sounds like the program (equipment) will not be available after several more weeks. If I can ever get in touch with them, I'm going to try to see if there is any chance to do the project later. I'll forward two emails which contain some conceptual designs and ortho for this project to you. The idea is to fill the scour hole with woody material and use pilings, etc to secure the material in place. It's Steven Griswold on the Burma Rd side. His contractor was hoping to arrange a meeting for next Monday. If it's not yours could you please let Jim know we need to coordinate a meeting. Thanks Hope this helps. I'll be around the office tomorrow so pPlease call me at 753-2600 x 249 at any time. Gloria (3/13/2008)Jim Scholz- ENF2008-00021- _ _.w _.__ __ ____�_ __,_.___._--- __--- "Page 1 From: Mindi Brock To: Ryan Crater Date: 3/13/2008 3:37 PM Subject: ENF2008-00021 Attachments: P1010006.JPG; P1010002.JPG; P1010003.JPG; P1010004.JPG; P1010005.3PG; 2297 NE Tahuya River Rd_1.3PG Hey Ryan Attached are photos of bridge being constructed at 2297 NE Tahuya River Rd.,Tahuya. The owner(Doug?)said that he was told by someone named Pam told him that he needed a permit until after the work was finished. Regardless,a permit is needed,of course. He claims that he has a State Hydraulic permit and that the Fisheries has been monitoring his work every week since December. He was told to get a permit within 10 working days. We did not stop work him,so technically, no double fees from building dept. .....yet. The photos are attached. Contact me if you have any questions. Thanks- Mindi