HomeMy WebLinkAboutNotice of Hearing - GRD Letters / Memos - 12/20/2004 14kxac�s—c�so I
MASON COUNTY Shelton (360)427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma (360
Mason County Bldg.1411 N.5th ) 482-5269
P.O.Box 279 Shelton,WA 98584 1, a uq5 0,y/
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NOTICE OF HEARING
YOU ARE REQUIRED TO BE PRESENT JANUARY 10, 2005 AT 11:00 AM
MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS
411 N. 5TH SHELTON,WA 98584
December 20, 2004 ' n K ( A
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- CASE
Martin Hicks, et al Joyce Cary D I S ,, j�
M ( SS E
PO Box 3119
Belfair, WA 98528-3119 D U �J I X- F
NOTICE OF CIVIL VIOLATION
Tax Parcel Number 32212-77-00090
To Whom It May Concern:
This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of
the Mason County Development Code. A copy of section 15.13.035 is enclosed for your
reference. Mason County may recommend a fine of up to one thousand dollars
($1000.00)per violation based upon the violations listed below.
You are in violation of Mason County Resource Ordinance
Mason County Code Title 17
You are in violation of Mason County Development Code
Mason County Code Title 15
Copies of the referenced regulations are enclosed in this mailing,and additional copies are available from
the Mason County Planning Department. Citations are to text"as adopted."
Mason County alleges as follows:
COUNT (1)On or about March 19, 2004, a violation of Mason County Resource
Ordinance section 17.01.100(E)(1) occurred on parcel number 32212-77-00090, to wit:
Significant, unpermitted grading activity created a nearly vertical cut extending up a
hillside on the parcel. The cut is well over 10' in height, and associated fill material has
been pushed to create a flat area that extends out from the hillside cut. The land
modification was performed in a Landslide Hazard Area absent required permit approval.
A photograph of the land modification is enclosed for reference.
COUNT(2) On or about December 20, 2004, a violation of Mason County Resource
Ordinance section 17.01.100(E)(1) continued in violation of Mason County
Development Code section 15.13.020(A), on parcel number 32212-77-00090, to wit:
Significant, unpermitted grading activity created a nearly vertical cut extending up a
hillside on the parcel. The cut is well over 10' in height, and associated fill material has
been pushed to create a flat area that extends out from the hillside cut. The land
modification was performed in a Landslide Hazard Area absent required permit approval.
Although "after the fact"permit applications were submitted to address the land
modification in question, the applications remain incomplete because no Geotechnical
Report has been submitted. A photograph of the land modification is enclosed for
reference.
(1) This Notice is directed to Martin Hicks, et al and Joyce Cary at the mailing address
noted above.
(2) The violations are located on tax parcel number 32212-77-00090 in Mason County,
Washington. The violations of County regulations cited as COUNTS 1 -2 above are
the result of illegal land modification activity within a Landslide Hazard Area.
(3) This Notice is effective immediately upon posting at the site and/or receipt by the
person(s)to whom it is directed.
(4) Any non-compliance with Mason County regulations referenced above must
immediately cease.
(5) This Notice serves as a"Stop Work"Order until the violation is corrected and/or
remediated as specified under number(6).
(6) Complete "after the fact"Mason Environmental Permit application MEP2004-00036
by submitting a Geotechnical Report that meets the requirements of Mason County
Resource Ordinance section 17.01.100(E)(5) and shall be prepared by an individual
qualified pursuant to 17.01.100(E)(3).
(7) Failure to comply with the requirements listed above may result in further
enforcement actions, including civil fines and criminal penalties. The County is
authorized to recommend a$1,000 fine for each violation. Each separate day, event,
action or occurrence shall constitute a separate violation. In this case, the County
will recommend a $2,000 fine with compliance conditions if this matter proceeds
to a hearing. In addition,you may be found responsible for costs incurred by
the County if this matter proceeds to a hearing.
(8) HEARING DATE: Per section 15.13.045 of the Mason County Development Code,
you are scheduled to appear before the Hearing Examiner as noted below.
YOU ARE REQUIRED TO BE PRESENT JANUARY 10, 2005 AT 11:00 AM
MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS
411 N. 5TH SHELTON, WA 98584
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Martin:
Please see the attached hearing information. To date, you have submitted the application
materials and associated fees. However, because the County has not received a
Geotechnical Report, the applications remain incomplete. I saw your note that Shawn
Williams was going to prepare the Report for you.
Shawn is now working with Alkai Consultants, and I contacted him at his new numbers:
(360)471-5898 or (360) 613-2407. He advised that he has not completed the Report for
your site, but that he would be happy to work with you to complete the Report
requirements in the most reasonable/simple manner possible.
If you do contract with Shawn or another qualified professional and provide
documentation to that effect prior to January 3, 2005, I can reset the hearing to February
14, 2005. If you are then able to have the Report submitted prior to February 7, 2005, I
can cancel the hearing altogether.
You have done quite a bit to get this issue resolved, and I hate to see this go to hearing
over one remaining requirement. The costs associated, in addition to fines imposed, can
be very high. Please keep me informed of how you are proceeding.
Thanks,
Kristin French
(360) 427-9670 ext. 593
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Si n ture
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X Add a ee
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
1. Article Addressed to: If YES,enter delivery address below: ❑No
MaA r L'K5 , e+ a-A L o�-� 22 CO
(�O !�(,Zp---4 3 t 1 Q 3. Service Type
I ❑Certified Mail ❑Express Mail
eJ_,,,eo r i fl q S 53 ❑Registered ❑Return Receipt for Merchandise
-I ❑Insured Mail ❑C.O.D.
a a I a--»- w D 9 v 4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7003 3110 0001 7159 2 819
(rransfer from service labeo
PS Form 3811,February 2004 Domestic Return Receipt 1 o2ss5-o2-M-154o
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