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HomeMy WebLinkAboutFile History - BLD Letters / Memos - 1/30/1992 Neyhart Farm File History 8/25/82 . H. P.A. Remove vegetation/logjam upstream. 12/21/83 . Building permit for Barn. 8/31/84 . Removal of debris upstream. 1/29/86 . H.P.A. Repair bridge. 8/8/86 . H. P.A. For construction of "setback berms" 200 fet long upstream of bridge and for other maintenance. 9/8/86 . H. P.A. Allowing construction of berm. Stated project was SEPA Exempt . 10/29/86 . Letter to Neyhart from USACOE stating that no Army permit required for work completed to date. 12/24/86 . H.P.A. Repair dike. 3/3/87 . Complaint received by Planning. Rock being pushed into river to repair dike. 4/14/87 . Letter from Rick McNicholas, Mason Co. Water Quality, to Neyhart noting: all of the pasture is in the floodplain, 32 horses are too many for 40 acres, sacrifice area slopes and drains to river. Notes manure pile 10 ft . high on river bank Notes that efforts to control river are impacting (eroding) neighbors property. 5/13/87 . USACOE notes that repair work is exempt under Nationwide permit . 6/10/87. Interagency meeting at Farm including Mason Co, DOE, WDF, COE. 7/10/87 . S .C.S . letter to Patti Miller-Crowley, Mason Co. noting the need for gutters, 10 ft . buffer strip between buildings and river, cross fencing, fencing off tributary to Tahuya River, plant trees, plant buffer between corral and river. Notes that the corral is too close to the river and is overgrazed. 7/13/87. Mason Co. letter (Crowley) to Neyhart summarizing findings of meeting. DOE determined that SDP need for dike already built . Crowley states it is inconclusive whether permit is needed and asks for review of previous HPA' s to determine. Noted violations to the SMP Agriculture chapter. States that Neyhart should comply with the SMP to the extent possible. 9/1/87 . Letter from SCS to Neyhart noting same concerns as previously (see 7/10/87) . Alternatives: 1) Remove facilities . 2) Obtain higher ground, use floodplain only for training of horses . 3) Outlines list of requirements if neither 1 nor 2 can be done. 9/25/87 . H. P.A. Remove debris . 9/87 . S .C.S . provides first Management Plan for the farm. Some dates set for planting, fencing. 12/17/87. H. P.A. Repair dike. 1/6/88 . H. P.A. Repair dike. 1/22/88 . H. P.A. Allowing dike repair but pointing out water quality impacts. 8/23/88 . Site plan from Neyhart indicating 2 areas needing rip-rap repair. 9/7/88 . Repairs/repair of log jam. 10/7/88 . Memo from Crowley to Cmmr. Eager. Says Neyhart was told it was okay to place some rip-rap in hole along bank. 2/3/89 . D.O.E. writes letter to Mason Co. noting there is a possible violation but that local government is responsible. 2/14/89 . Point No Point Treaty Council writes letter to Mason Co. pointing out likely SMP violations. 2/14/89 . Mason County Water Quality department summarizes findings in Memo from A. Remsberg to M. Byrne. 2/20/89 . Written complaint from Gary Keys. 3/14/89 . Complaint. Rock being dumped along dike and in river. 5/15/89 . Complaint. Rock being dumped in back of sandbag wall . 5/15/89 . Memo from A. Remsbert to M. Byrne concerning update after being on site. Notes horses near river below bridge on right hand side, and that horses are too close to the river. 11/88-5/89 . Mason County Water Quality department evaluation report from data collected. States that while farm is contributing to contamination, it is difficult to say how much. Notes that in 1987 there were 48 horses on site. Notes that unpermitted diking may be leading to problems. 5/22/89 . Complaint. 5/24/89 . Water Quality report sent to Neyhart. 6/5/89 . Meeting takes place between Neyhart and Mason County. 8/7/89 . D.O.E. issues "Notice of Violation" to Neyhart regarding work previously performed on the Tahuya River. Requests that he submit information to them. 1/12/90 . Letter and call from Neyhart to Lenore Marken, Mason County requesting emergency exemption to fix dike. 1/12/90 . H.P.A. Repair dike. 2/15/90 . H.P.A. General guidelines for future repair. 7/2/90 . D. Fawver and R. Neff inspect site after complaint received. Denied access to property. 7/10/90 . R. Neff and Jack Huls from Mason County Soil Conservation inspect site with Neyhart and observe stream channel fill . 7/11/90 . "Stop Work" posted by R. Neff, Mason Co. for filling with debris a side channel of the Tahuya River. W.D.W. and W.D.F. notified. 7/17/90 . USACOE notified of wetland fill . 7/19/90 . R. Hoss, lawyer for Neyhart writes Mason Co. , WDF, DOE, and USACOE. States that a consultant will be hired to repair damage and restore channel . Requests that citations be held. 7/26/90. Wiltermood and Associates hired to develop plan for restoration and for farm management overall . Letter sent outlining County concerns and regulations. 8/13/90 . H.P.A. for removal of fill . 8/20/90. Mason Co. issues Statement of Exemption to remove fill as per W.D.F. requirements. 9/6/90 . D.O.E. letter to Mason County stating that the side channel is an "associated wetland" to the Tahuya River and therefore, under SMP jurisdiction. 9/10/90 . D.O.E. letter to Mason Co. acknowledging that complaints had been received. 9/12/90 . Letter sent from mason Co. to Neyhart. Notes that if "Plan" Wiltermood develops fails to address concerns or Neyhart fails to comply with its terms we will pursue further enforcement action as necessary. Note that more permanent solutions are necessary. Note that diking is only allowed with a Conditional Use Permit. Note that diking is not "normal or necessary" for farming or ranching and therefore is not exempt. Note the SMP requires a permanent 100 foot buffer for animal containment sites. 9/14/90 . Neyhart submits a plan for bridge to be built over side channel and for its restoration. 9/24/90 . Mason Co. receives letter from Governors office regarding complaints received by them. 9/26/90 . H.P.A. Bridge crossing. 10/23/90 . Mason Co. letter to Neyhart. Reminding him that the Farm Plan developed by consultant should be submitted. Note animal shaving pile should be relocated. Note that no exemption will be issued for bridge and that a Conditional Use permit is required. Advise Neyhart to obtain C.U.P. for sand bag wall . Note that emergency exemptions might be issued if shoreline permits are applied for, but that otherwise it is unlikely that further emergency exemptions will be issued on a last minute basis 11/2/90 . Letter to Alpine Evergreen (Paul Reid) regarding applying for permits to cross side channel . 11/5/90 . Farm Plan with detailed completion dates and other on- going work plus recommendations. 11/6/90 . Paul Reid responds to letter sent 11/2/90 . 11/16/90 . Neyhart writes letter to Mason Co. regarding the repair of the sand bag wall . 11/20/90 . Letter from Neyhart with plan for sand bag wall . 11/29/90 . Neyhart called to state emergency work is needed on the dike. 12/7/90 . Dike broken 4/18/91. Letter to Alpine Evergreen regarding recent clearing of road adjacent to Tahuya River. 5/7/91. Site Meeting with D.O.E. , W.D.F. , with first G. Keys and then with Neyhart. Keys claims an attempt is being made to divert river as a result of Alpine Evergreens clearing the vegetation when they made their road. -Complaints about on-going dike repair during flooding. -Complaints about erosion rate of up to 8-10 feet in the last year. r *Note: Response from D.O.E. several weeks after this meeting was that they felt that no violation had occurred in the clearing of vegetation to make the road on the Alpine Evergreen property, and that the dike does not require an "after-the-fact" shoreline permit. 8/19/91. Mason Co. issues Statement of Exemption to Paul Reid for I the placement of earthen berm adjacent to the Tahuya River set back a minimum of 5 ft. , 8-10 ft. wide, 3-4 ft. high, 80-100 ft. long to stabilize bank. This was approved by a registered engineer as required by the Flood Damage Prevention ordinance. 1/29/92 . Planning staff respond to complaint regarding the dumping of rock into the river along the dike. Observed extremely high . flood levels wall to wall across valley. Watched Neyhart using dump truck and front end loader to repair dike across from Keys. Using dirt scraped from inside track. -Posted "Stop Work" for violations to the SMP Agriculture and Landfill chapters. -Handed copy to Neyhart assistant as water too high to get out to section of track Neyhart working on. -Observed much manure being transported from the area by floodwaters. -Observed that the manure pile is now across the road adjacent to the bridge. Did not see the cement pad Neyhart says he installed, but there may have been vehicles and mud over it. If that is the location, it is much too close to river. 1/30/92 . Spoke with W.D.F. , Doris Small who said no H.P.A. had been issued and that one is always required, even for an "emergency" situation.