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Home My WebLink AboutNotification of Code Violation - BLD Letters / Memos - 7/31/2008 0Mason County Dept. of Community Development Mason County Bldg. III, 426 W. Cedar, P.O. Box 186, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 101 Web: http://www.co.mason.wa.us Notification of Mason County Code Violation July 31, 2008 Mason County Department of Community Development Shelton WA 98584 Claimant Vs. NEYHART TAHUYA FARMS 315 SENECA ST SEATTLE WA 98101 Notice The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case No.: ENF2008-00078 Parcel No.: 322133200050 "' AA 'Vni3'ZcOOYO Site Address: 2297 NE TAHUYA RIVER RD TAHUYA You are receiving this notice because of the following: ❑ Un-permitted bank armoring. Fill being placed within the Tahuya River Floodway and Fish and Wildlife buffer. The specific Mason County Code(s) that apply to this activity are as follows: ❑ Mason County Ordinance No. 77-93 (Revised Dec 27, 2006) Section 17.01.110 (G)(1), (b), (e), and (i). Mason County Shoreline Master Program: Fill and Flood Protection and Shoreline Stabilization. Mason County Flood Damage and Prevention Ordinance: Sections 4.1-2 and 5.4. 1 According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark, posting on site, or delivery of the notice. Order YOU ARE HEREBY ORDERED to abate violations in the following manner: By 8/20/08 you must: Mason County Ordinance No. 77-93 (Revised Dec 27, 2006) regulates specific types of activities conducted within critical areas of the county. Ordinance No. 77-93 Yp Y is known as the Mason County Resource Ordinance (MCRO) and is approved by the County Commissioners. The Commissioners have authorized the Planning Department through Title 8.52.270 to enforce the MCRO as set forth in Title 15.13 (Enforcement). Work being conducted on your parcel(s) is within a regulated shoreline buffer and conducted both landward and waterward of the ordinary high water mark (OHWM). The work being performed on your parcel falls under Section 17.01 .110 (Fish and Wildlife Habitat Conservation Areas), specifically, 17.01.110 (G)(1)(a), (b), (e), and (i). Both (a), (b), (e), and (i) are activities listed as Mason Environmental Permit (MEP) Required Uses and Activities, which also require a Habitat Management Plan (HMP). The Mason County Shoreline Master Program (MCSMP) regulates specific activities located within 200 feet of shorelines, which are identified under the program. The program also regulates specific activities conducted beyond the OHWM. The activities being conducted on your parcel(s) fall under the MCSMP as requiring a permit. The applicable use regulations are as follows: Flood Protection and Shoreline Stabilization and Landfill. The following shoreline permits are required for the un-permitted fill and bank armoring on your parcel(s) as no approved site plans, or permits are on file for the fill or bank armoring in there current locations and configurations. Unless you can provide proof showing an approved site plan and permit from the County they are considered violations. Fill within shoreline jurisdiction beyond the OHWM is prohibited within a floodway of any stream or river. The Ecology blocks are considered fill and shall be removed from beyond the OHWM. Fill landward of the OHWM is prohibited within a floodway of any stream or river and if approved through a Shoreline Variance will require a Conditional Use Permit and approval by the Mason County Hearings Examiner. The bank armoring requires a Substantial Development Permit and approval by the Mason County Hearings Examiner. When filling out the Shoreline Permits you will need to address the Mason County Comprehensive Plan Shoreline Master Program and the use regulations of the MCSMP 17.50.060 for the following: Fill and Flood Protection and Shoreline Stabilization. In addition, the application must also demonstrate the proposal meets the requirements of 17.50.080 Conditional Uses. The Mason County Flood Damage Prevention Ordinance regulates specific activities conducted within the mapped flood zones and floodways. The portion of your property where the violations have occurred are located completely with the Tahuya River floodway. The specific sections of the ordinance that apply to your project are Sections 4.1-2 and 5.4. Full compliance is required. Activities and Uses, which are listed as permit required uses require authorization from the Mason County Planning Department through a MEP and Shoreline Permit prior to work being started. The below items will need to be submitted to the Planning Department / Mason County to facilitate compliance with the MCRO. Requested Items/Initial Compliance: 1. Submit a restoration report and review fee of $ 415. Please note that the cost of the restoration must be provided in the consultant's report. After the report is approved a bond will need to be posted in the amount of the listed consultants restoration fee. 2. Submit a MEP application and permit fee of $ 1,770.00, which includes after-the-fact fees. If submitted with a building permit for the bank armoring fee of $ 1 ,065. 3. Submit a Shoreline Permit Application for a Substantial Development, Conditional Use, and Variance. Application fees apply, check with one of the Permit Technicians when in building 3 when submitting the requested permits for appropriate project fees. 4. Submit fee fof the Mason County Hearin s Examiner of $ 1,875 Fe e vet T,PA All reports must be prepared b a qualified biologist, restoration subject to three ( P P p Y q 9 J years of monitoring before the bond will be released): Item(s) need to be submitted to the Permit Assistance Center in Building 3 with all fees and after-the-fact fines paid to be considered compliance by the below due date. Upon review of the above requested information additional compliance items may be requested. Please review the following included documents *: MCRO 17.01.210 Restoration MCRO 17.01 .110 Fish and Wildlife Habitat Conservation Areas Title 15.13 Enforcement MEP application Shoreline Permit Application Definition of a Qualified Wetland Professional Mason County Flood Damage Prevention Ordinance Chapter 17.50 Mason County Shoreline Master Program Use Regulations Consultant List of Wetland Biologists (List does not guarantee qualifications) (*Documents sent with certified mail) You have 20 working days from receipt of this letter to complete the above requested items. No extension will be granted for submitting the permit applications and associated fees. A hearing has been tentatively set for September 8, 2008 at 11:00 am in building 3 in the commissioner's chambers. If the requested items are not submitted within 20 working days (By Aug 20, 2008) a hearing may be scheduled and you could face possible fines up to $1,000 a day (From the date of violation discovery) for violating the above codes and regulations. If this matter goes to a hearing and you are found in violation you will be responsible for the cost of the hearing, which is $1,480.00. If the fill and bank armoring is removed by the above date the case will be considered resolved. A Stop Work Order has been issued for your parcel. All work including fill dirt must stop until further notice. Please contact me immediately with any questions or to set up a meeting at ext. 577. Penalties After the fact permits are subject to a triple fee penalty. Documents that are supplemental to application do not have additional penalty fees. In the event that you fail to comply, by the compliance deadline of 8/20/08 we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 15.13 of the Mason County Code. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360)427-9670 ext 577 to discuss your concerns immediately. Permit applications are accepted at the Permit Assistance Center, Mason County Building 3, 426 W Cedar ST, Shelton WA. Complete applications must be submitted with all applicable fees and supplemental documents. Sincerely, Ryan Crater Planner/ Code Enforcement Mason County Dept. of Comm. Development Cc: Property File Gdortl�o\ M"&}'l F re{ij , 5k okrj,--1�}Li Tr-'-W /J k�0" ENF2008-00078 Page 4 of 4 �goty Coate 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 854 July 24, 2008 Neyhart Tahuya Farms 315 Seneca St. Seattle, WA 98101 Re: Enforcement Case # ENF2008-00078 (Stop Work Order Notice) Mr. Neyhart, A STOP WORK ORDER is being issued for all work associated with the Neyhart bridge project, bank protection, and any other closely related work until full compliance is met with the Planning Department, which means permits in hand. Work may be conducted without permits, but only upon written authorization from the Reviewing Authority (Mason County). Any and all work conducted after this notification will be a direct violation and will be considered intentional and or reckless in nature of applicable codes, regulations, and ordinances of Mason 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 PaoN co 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 July 24, 2008 Neyhart Tahuya Farms 315 Seneca St. Seattle, WA 98101 Re: Neyhart permit requirements & review scenario sheet. (Notes from all agency meeting). Mr. Neyhart, Attached to this letter you will find relevant information on how the County is reviewing/looking at your bridge project and associated work with regards to the code. 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 e i Neyhart permit requirements: Some relevant regulatory issues to consider for the Neyhart bridge project constructed and enlarged after the December 2007 storm. Building permit and engineering for bridge: application submitted. Requested material not provided as of July 14, 2008 (we still do not have in-hand the original signed agreement Mr. Neyhart said he would provide, so we could provide interim approval of his building permit, subject to other requirements). Site plan and plans incomplete. No details of approaches. SEPA: Not exempt. Activities conducted within the Ordinary High Water Mark, outside of an emergency situation. Shoreline Master Program: Tahuya River shoreline designation at Neyharts property: Urban Residential. Bridge replacement & enlargement; placement of concrete ecology blocks within the OHWM of Tahuya River: Mr. Neyharts bridge is considered new and not replacement as defined Emergency actions are not exempt from permit requirements: • The Shoreline Management Act specifically states (chapter 173-27-040(d) that upon the abatement of the emergency situation the new structure shall be removed or any permit which would be required, absent an emergency, pursuant to Chapter 90.58 RCW, these regulations, or the local master program, obtained. Shoreline Substantial Development Conditional Use Permit— • Substantial Development Permit required based on the value of the bridge. It has been enlarged and the value is over the SDP threshold. • Conditional Use Permit required because Ch. 17.50 Transportation chapter states that excavation for and placement of the sills or abutments ... shall be accomplished from above the ordinary high water mark as a Conditional Use. Must meet all the provisions of the applicable shoreline regulation chapters, including: Transportation—key provisions Bridge construction shall conform to the following: • Excavation for and placement of the sills or abutments and outside placement of stringers or girders shall be accomplished from above the Ordinary High Water Mark • Bridge approach fills shall not encroach in the floodway of any stream or river • All bridges shall be high enough (minimum of three feet above the 100-year flood elevation) to pass all expected debris and anticipated high water flows from a 100-year flood. • Foot or vehicular bridges crossing rivers or streams for the private use of individual land owners shall be evaluated for need and design. They shall meet the same standards for water quality protection and erosion control as all other bridges. Flood Protection and Shoreline Stabilization-key provisions. The County shall require and utilize the following information during its review of shoreline stabilization and flood protection procedures: • River channel hydraulics and floodway characteristics up and downstream from the project area • Existing shoreline stabilization and flood protection works within the area • Physical, geological and soil characteristics of the area, and • Predicted impacts upon area shore and hydraulic processes, adjacent properties and shoreline and water uses. Conditions of Hydraulic Project Approval, issued by Washington State Department of Fisheries, maybe incorporated into permits issued for flood protection and shoreline stabilization. The County shall require professional design of shoreline stabilization and flood protection works where such projects may cause interference with normal river geohydraulic processes, leading to erosion of other upstream and downstream shoreline properties, or adverse effects to shoreline resources and uses. Landfill Chapter—key provisions. Landfills are prohibited waterward of the Ordinary High Water Mark or on biological wetlands, except that they may be permitted as a Conditional Use for aquacultural practices and water dependent uses where no upland or structural alternative is possible. Landfills are not permitted in floodplains unless it can be clearly demonstrated that the geohydraulic and floodplain storage capacity will not be altered to increase flood hazard or other damage to life or property. Landfills shall not disrupt normal surface water drainage. Consistency with requirements for erosion control, content of fill,revegetation,no degradation of water quality. Resource Ordinance: Fish and Wildlife Chapter: Bank stabilization: Mason Environmental Permit,Habitat Management Plan. 17.01.110.G.2.a.ii "...new or upgraded crossings shall be located as determined necessary through coordination with the Washington State Department of Fish and Wildlife and the Skokomish Tribe...." Flood Damage Prevention Ordinance: x � r` The proposed/existing bridge is in the floodway of the Tahuya River. The project requires engineering: Section 5.3(1) Floodways: encroachments are prohibited including fill,new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. Section 5.3(2) If Section 5.3(1)is satisfied all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 5.0,PROVISIONS FOR FLOOD HAZARD REDUCTION. I PB°N °p MASON COUNTY n 360 427-9670 � rp Shelton ( ) DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning _ Mason County Bldg. 1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1 54 July 23, 2008 Neyhart Tahuya Farms 315 Seneca St Seattle, WA 98101 Re: Hard copy follow up to e-mail sent 7-23-08 by Ryan Crater 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. Regar Ryan Crater Land Use Planner Code Enforcement Mason County Department of Community Development Phone # 360-427-9670 ext. 577 Mason County Dept. of Community Development Mason County Bldg. I, 411 N 5th, P.O. Box 279, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 IP14 Web: http://www.co.mason.wa.us Notification of Non-Compliance July 23, 2008 NEYHART TAHUYA FARMS 315 SENECA ST SEATTLE WA 98101 Enforcement Case No.: ENF2008-00078 Dear , On 6/5/2008, you were sent a Notice of Mason County Code Violation. This Notice outlined the necessary steps to remedy the violation that is contained on parcel 322133200050 and specified a timeframe in which you were to submit the necessary compliance documentation. This due date is now at least 7 days past due, and compliance has not been achieved. A Notice of Civil Violation will now be issued and a hearing before the Mason County Hearing Examiner will be promptly scheduled due to a failure to comply, and in accordance with MCC Title 15 Chapter 15.13.040 and 15.13.045. If this matter proceeds to a hearing, you will be responsible for the costs of the Hearing Examiner and County staff. In addition, Mason County may impose a fine of up to $1,000 for each violation, except where the hearings examiner is authorized under this ordinance to double the fine. Each separate day, event, action or occurrence shall constitute a separate violation (MCC Title 15 Chapter 15.13.050). You may contact me at any time to discuss the details of this case or to inquire about the hearing process. Thank You, Ryan Crater Land Use Planner/ Code Enforcement Mason County Planning Department/ Mason County Ryanc@co.mason.wa.us 360-427-9670 at Ext. 577 ENF2008-00078 Page 1 of 1 7/23/2008 Mason County Dept. of Community Development Mason County Bldg. III, 426 W. Cedar, P.O. Box 186, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 p,1 Web: http://www.co.mason.wa.us Notification of Mason County Code Violation June 05, 2008 Mason County Department of Community Development Shelton WA 98584 Claimant Vs. NEYHART TAHUYA FARMS 315 SENECA ST SEATTLE WA 98101 Notice The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case No.: ENF2008-00078 Parcel No.: 322133200050 Site Address: 2297 NE TAHUYA RIVER RD TAHUYA You are receiving this notice because of the following: ❑ Working outside of permit conditions. Placing portions of the bridge structure beyond the ordinary high water mark. Expanding the structure beyond the original agreed upon building footprint. The specific Mason County Code(s) that apply to this activity are as follows: ❑ Shoreline Master Program 17.50.060 (Transportation) Fish and Wildlife Habitat Conservation Areas 17.01.110 (G)(1)(c) and (G)(2)(a)(iii) I I According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark, posting on site, or delivery of the notice. Order YOU ARE HEREBY ORDERED to abate violations in the following manner: By 7/7/08 you must: 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 Penalties After the fact permits are subject to a triple fee penalty. Documents that are supplemental to application do not have additional penalty fees. In the event that you fail to comply, by the compliance deadline of 7/7/08 we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 15.13 of the Mason County Code. In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360)427-9670 ext 577 to discuss your concerns immediately. Permit applications are accepted at the Permit Assistance Center, Mason County Building 3, 426 W Cedar ST, Shelton WA. Complete applications must be submitted with all applicable fees and supplemental documents. Sincerely, Ryan Crater Planner/ Code Enforcement Mason County Dept. of Comm. Development ENF2008--,^,0078 Page 3 of 4 Cc: Property File Pam Bennett-Cumming (Planner) Gloria Rodgers (WDFW) Rich Hoss (Attorney at Law) ENF�OLQ=00W N Page 4 of 4 MASON DEPARTMEN F COMMUNITY DEVELOPMENT _ '� ,,t-- "`*....•�'"" P.O.Box 279 Shelton,WA98584 7004 2510 0002 6278 5739 MOVED,L �. EFT NO ADDRESS oA RWI DINGORDEREXPIRED C ` 9NED TD NCLAI Ep 0 TKNOWN U NO SU REFUSED ° -00 im CH STREET -❑NO SUCHNUM ER U / D �O ►Q96 37030IZ W0230311tW 'NSUFF'CIEWADDRESS posr �E ry (/ C ---eecz sZinr, LzL �9z0000 V� 53YYY. l�d .i �_ r / Z _ r , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the Card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No NEYHART TAHUYA FARMS 315 SENECA ST SEATTLE, WA 98101 3. Service Type t!Fcertified Mail ❑ Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. f� 7 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number '! . T �M_ ?nnu PE;W 0002 6278 5739 l Receipt 102595-02-M-1540 J