HomeMy WebLinkAboutBoulders and Tree Trunks Damming Sherwood Creek and Wetlands - BLD Letters / Memos - 3/29/2018 Rebecca Hersha - illegal dam at Mason Lake
From: Rebecca Hersha
To: Fred Perryman; Matt Barnhart; jdickison@squaxin.us; mickey.adkins@noaa.gov;
pcase@greendiamond.com; teammontesano@dfw.wa.gov
Date: 8/31/2016 10:50 AM
Subject: illegal dam at Mason Lake
Attachments: mason lake dam complaint.png
Good Morning,
As many of you know, there has been a long standing (usually annual) situation at Mason Lake, where someone dams up
the lake (on Sherwood Creek and the large associated wetland) and then later someone else dismantles the dam. The
damming causes many fixed docks on Mason Lake to be submerged and causes some properties to be flooded. And the
reporting party who I spoke with today stated that the recently constructed dam is not fish passable. He stated that it is
about 40 feet wide and about 2 or 3 feet high and consists of small boulders/large rocks and tree trunks.
This dam is not viewable from the road or from the lake, so the violations go unseen. From the reporting party's
description, the damn is accessible by a short walking trail from E Mason Lake Dr.W and it is likely on Green Diamond's
property(parcel 22234-10-04000). The attached picture shows where I think the dam is located, but I haven't verified
that, nor have I been out to the site. Directions: Going north on Trails End Road, turn left onto E Mason Lake Dr W. The
trail is (?) on the left after about 1300 feet. I am pretty sure it is not within a county road right of way. Probably near the
middle of section 34 of Township 22 N, Range 2 W.
I know that it's nearly impossible to enforce upon this type of violation, but I thought I'd at least get the word out in case
one of your agencies or the property owner is able to dismantle the dam.
The reporting party said that he would go back and take a photo and email it to me in the next couple of days. And feel
free to call him with any questions:
George Tuttle 360-427-0995
Sincerely,
Kckccca Hersha, Planner
Mason County Community Services Department
6 15 W Alder St.
Shelton,WA 98584
360-427-9670 ext. 287
Rebecca Hersha - RE: handmade dam
From: "Graves, John" <John.Graves@fema.dhs.gov>
To: Rebecca Hersha<RebeccaH@co.mason.wa.us>, "Jeff R. (ECY) Stewart"
<jste461 @ECY.WA.GOV>
Date: 9/2/2016 9:41 AM
Subject: RE: handmade dam
Rebecca,
A couple of things to consider. Development is not restricted to just structure, it is any man made change to
improved or unimproved real estate including but not limited to buildings, or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations or storage.
Development is required to obtain a permit from the local community.
Fill is not defined in CFR, but it is defined in the MT-1 package: Fill is defined as material from any source
(including the subject property) placed that raises the ground (natural grade) to or above the Base (1%-
annual-chance) Flood Elevation (BFE). The common construction practice of removing unsuitable existing
material (topsoil) and backfilling with select structural material is not considered the placement of fill if the
practice does not alter the existing (natural grade) elevation, which is at or above the BFE.
A community must also consider if development is "reasonably safe from flooding". If you believe that this
dam causes an increase to the flood hazard and may impact structures then that is yet another reason to
require a permit in order to get an analysis of the effects of the dam.
A community can choose to regulate an area not designated on the map as floodplain or floodway if they
choose. There of course must be some formalization of that in your processes, so either adoption of an
ordinance, a planning directors interpretation, or some other formal acknowledgement that you will be
regulating an area in a stricter manner than the FEMA minimum requirements.
John Graves, CFM, Chief
Floodplain Management and Insurance Branch
FEMA Region X
425-487-4737
From: Rebecca Hersha [mailto:RebeccaH@co.mason.wa.us]
Sent: Friday,September 02, 2016 9:17 AM
To:Jeff R. (ECY) Stewart<jste461@ECY.WA.GOV>; Graves,John <John.G raves @fema.dhs.gov>
Subject: handmade dam
Hi John or Jeff,
Is it defensible to consider the area waterward of the ordinary high water mark as a floodway, rather than a floodplain?
It appears that someone keeps building a dam out of branches and rocks at the outlet of one of our lakes, and I am
requiring the landowner(Green Diamond Resource)to dismantle it. I don't think it is the work of beavers because the
rocks are rather large. I need to reference a specific section of our flood ordinance for this, and it seems the only section
would be the following:
Encroachments are prohibited including fill, new construction, substantial improvements, and other development
unless certification by a registered professional engineer or architect is provided demonstrating through
hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed
encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
And although, the ordinance does not define 'fill,' nor am I sure the rocks came from off site, I would think it is defensible
to state that even moving rocks from above the OHWM to below is fill. Would you agree?
(We also have stream regulations of course that regulate fill somewhat, but it's technically allowed with a permit and
mitigation plan.)
Thanks for your help!
Sincerely,
Kckccca hersha, Planner
Mason County Community Services Department
6 15 W Alder St.
Shelton,WA 985a4
560-427-9670 ext. 257
Rebecca Hersha - RE: illegal dam at Mason Lake
From: Rebecca Hersha
To: Patti Case
Date: 8/31/2016 1:38 PM
Subject: RE: illegal dam at Mason Lake
CC: Kelly McAboy
Thanks Patti,
Mason County will not require any permits or reports for removing this man-made (or alien made) dam. Please consult
with Margie Bigelow at WDFW on whether you'll need an HPA.
Sincerely,
Rebecca Herska, Planner
Mason County Community Services Department
6 15 W Alder St.
Shelton,WA 98584
360-427-9670 ext. 287
From: "Case, Patti" <PCase@greendiamond.com>
To: Rebecca Hersha <RebeccaH@co.mason.wa.us>, Fred Perryman <FredP@co.mason.wa.us>, Matt Barnhart
<MBarnhart@co.mason.wa.us>, "team montesano@dfw.wa.gov" <teammontesano@dfw.wa.gov>,
"mickey.adkins@noaa.gov" <mickey.adkins@noaa.gov>, "jdickison@squaxin.us" <jdickison@squaxin.us>
Date: 8/31/2016 11:06 AM
Subject: RE: illegal dam at Mason Lake
This has been an ongoing problem,whether beavers, humans or aliens from outer space create the dam. As it is
on our property, we usually get asked to remove the dam.That leads to all kinds of machinations such as obtaining
a hydraulic permit and so on.Although Green Diamond is the property owner, it would be wonderful if we were
not required to go through all the process necessary to dismantle the dam (I seem to remember at least one
situation in the past where the hydraulic permit was not granted and a neighboring property owner entered our
property without our permission, dismantling the dam under cover of night), since we did not construct it. Is
there an easy fix that we can partner to implement?
Patti Case
Green Diamond Resource Company
215 N Third
Shelton, WA 98584
360.427.4733 office
360.790.6182 cell
pcase@Rreendiamond.com
www.greendiamond.com
From: Rebecca Hersha [ma i Ito:Rebecca H@co.mason.wa.us]
Sent:Wednesday,August 31, 2016 10:51 AM
To: Fred Perryman<FredP@co.mason.wa.us>; Matt Barnhart<MBarnhart@co.mason.wa.us>;
team montesano@dfw.wa.gov; Case, Patti<PCase@greendiamond.com>; mickey.adkins@noaa.gov;
jdickison@squaxin.us
Subject: illegal dam at Mason Lake
Good Morning,
As many of you know, there has been a long standing (usually annual) situation at Mason Lake, where someone
dams up the lake (on Sherwood Creek and the large associated wetland) and then later someone else dismantles the
dam. The damming causes many fixed docks on Mason Lake to be submerged and causes some properties to be
flooded. And the reporting party who I spoke with today stated that the recently constructed dam is not fish
passable. He stated that it is about 40 feet wide and about 2 or 3 feet high and consists of small boulders/large
rocks and tree trunks.
This dam is not viewable from the road or from the lake, so the violations go unseen. From the reporting party's
description, the damn is accessible by a short walking trail from E Mason Lake Dr.W and it is likely on Green
Diamond's property (parcel 22234-10-04000). The attached picture shows where I think the dam is located, but I
haven't verified that, nor have I been out to the site. Directions: Going north on Trails End Road, turn left onto E
Mason Lake Dr W. The trail is (?) on the left after about 1300 feet. I am pretty sure it is not within a county road
right of way. Probably near the middle of section 34 of Township 22 N, Range 2 W.
I know that it's nearly impossible to enforce upon this type of violation, but I thought I'd at least get the word out in
case one of your agencies or the property owner is able to dismantle the dam.
The reporting party said that he would go back and take a photo and email it to me in the next couple of days. And
feel free to call him with any questions:
George Tuttle 360-427-0995
Sincerely,
Rebecca Hersha, Planner
Mason County Community Services Department
6 15 W Alder St.
Skelton,WA 98584
360-427-9670 ext. 287
Rebecca Hersha-Re: Re: Re: Mason Lake outlet blockage
From: "George" <gtut@wavecable.com>
To: "Rebecca Hersha"<RebeccaH@co.mason.wa.us>
Date: 9/1/2016 3:23 PM
Subject: Re:Re:Re:Mason Lake outlet blockage
Fair enough but as the pictures show, big rocks and trees are typically not part of a beaver dam. As for fish, for over
30 years the dam has blocked salmon and has been much lower. In any case,I don't see how that is relevant as it
will block less fish if it's gone forever. Since there won't be any impact to fish if it is returned to it's natural state, I
would think that Tribe approval is not necessary.
My concern is timing. Once the water starts to flow over the dam it will be very difficult to remove manually and it is
not possible to get equipment in there. If it isn't removed by rainy season I believe it won't be removed this year and
bad things will happen to the lake.
I would really appreciate it if you or Green Diamond can provide some idea of the timing.
Thanks, George
Well, it has to be verified that it isn't a beaver dam first,and the Tribe isn't convinced it would black fish once it rains
more.
From: "George" <gtut@wavecable.com>
To: "Rebecca Hersha" <RebeccaH@co.mason.wa.us>
Date: 9/1/2016 9:18 AM
Subject: Re: Re: Mason Lake outlet blockage
Wow! That's great news. Maybe they can put a stop to this annual nonsense.
Thanks for taking care of the problem so quickly. George.
Ok,thanks George.
It appears that the property owner,Green Diamond,will be dismantling the dam. Next time this happens,you
could probably call them directly.
p Y Y
Green Diamond-Northwest Timberlands Division
215 North Third
Shelton, WA 98584
(360)426-3381
pcase(cr�,greendiamond.com
Sincerely,
Ke6ecca herska, Planner
Mason County Communityjervices Department
615 W Alder 5t.
`jhelton,WA 98584
360-427-9670 ext.287
.f 1
Rebecca Hersha - Mason Lake outlet blockage
From: "George" <gtut@wavecable.com>
To: "rebeccah" <rebeccah@co.mason.wa.us>
Date: 9/1/2016 8:29 AM
Subject: Mason Lake outlet blockage
Attachments: Mason Lake outlet dam 1 jpg; Mason Lake outlet dam 2.JPG
Hi Rebecca,
Per our telecon yesterday I have attached a couple of pictures of the dam to give you an idea of the
problem. Unfortunately I don't have an exact scale but I believe it is 30 to 40 feet across and 3 to
4 feet wide. The first picture is a closeup of the center section showing the large rocks and the
second picture is from the top of the bank showing the entire dam. I have no idea where they got
the materials, especially the large rocks and tree sections.
The lake has already gone up several inches even without rain. It is much higher than usual and is
likely to cause significant flooding in lower bank areas and will substantially go over most if not
all of the docks potentially causing a lot of damage. In years past many pilings have been pulled
up by similar dams.
Thanks for any help you can provide in getting the dam removed before the fall rains begin. If you
have any questions please call me.
George Tuttle
4880 E. Mason Lake Dr. W.
Grapeview, WA 09546
360 427 0995
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Rebecca Hersha - RE: dam at Mason Lake outlet
From: Sarah Zaniewski <szaniewski@squaxin.us>
To: "Case, Patti" <PCase@greendiamond.com>, Rebecca Hersha<RebeccaH@co.mason.wa.us>, Matt
Barnhart <MBarnhart@co.mason.wa.us>
Date: 9/2/2016 8:33 AM
Subject: RE: dam at Mason Lake outlet
CC: Scott Steltzner<ssteltzner@squaxin.us>
Thank you, Patti. I appreciate you weighing I on this and for the permission to access the site. However,at this point,
The Tribe really has no jurisdiction nor interest in being involved in this issue, especially as this one is a long standing
and very ambiguous issue that doesn't appear to pose a threat to a natural resource or hinder Tribal Treaty Rights. The
pictures you provided, Rebecca, don't raise any flags for fish migration issues on our end, at least at this point in time.
If it does become a fish passage barrier,WDFW or one of our staff conducting adult spawner surveys will generally
notch the dam to make it passable. Perhaps Mr.Tuttle can install a game camera (with Green Diamond's permission) in
order to identify who is building the dam, if he feels he wants to pursue this issue.
-Sarah
s.�/R� ff.es
TFW/Habitat Biologist
Squaxin Island Tribe
Natural Resources Department
200 SE Billy Frank Jr.Way
Shelton,WA 98584
360-432-3818
szaniewski@squaxin.us
From: Case, Patti [mailto:PCase@greendiamond.com]
Sent: Friday, September 02, 2016 6:48 AM
To: Rebecca Hersha; Sarah Zaniewski
Subject: RE: dam at Mason Lake outlet
Hi, Sarah. While this is Green Diamond's property,I want to make it clear that we are not requesting any action be taken.
Over the years, this damming has occurred more than once, either by human or beaver activity, not by any action Green
Diamond has taken. The damming causes water to rise on Mason Lake, endangering dock integrity and impacting
shorelines over the winter months.You are welcome to walk in to the site and evaluate or even alleviate the situatiion.
Patti Case
Public Affairs/Regulatory Manager
Green Diamond Resource Company
360.790.6182
pcase@greendiamond.com
,t
-------- Original message --------
From: Rebecca Hersha <RebeccaH@co.mason.wa.us>
Date: 9/1/16 4:18 PM (GMT-08:00)
To: Sarah Zaniewski <szaniewski@squaxin.us>
Cc: "Case, Patti" <PCase@greendiamond.com>
Subject: RE: dam at Mason Lake outlet
Hi Sarah,
You can contact Patti at Green Diamond (the property owner)and I believe she can show you where the trail is or the
reporting party (George Tuttle 360 427 0995) could show you. I cc'd Patti on this email.
George just sent me a couple of pictures that he took,which are attached. He stated that some of the rocks are about a
foot in diameter. He would like the dam to be dismantled and for the responsible party to be held accountable (but
probably not if they are beavers!).
Sincerely,
Rebecca Hersha, Planner
Mason County Community Services[)epartment
6 1 5 W Alder St.
Shelton,WA 98584
360-427-9670 ext. 287
From: Sarah Zaniewski <szaniewski@squaxin.us>
To: Rebecca Hersha <RebeccaH@co.mason.wa.us>, Matt Barnhart <MBarnhart@co.mason.wa.us>
CC: "Bigelow, Margaret M (DFW)" <Margaret.Bigelow@dfw.wa.gov>
Date: 9/1/2016 11:24 AM
Subject: RE: dam at Mason Lake outlet
Rebecca,
It appears to be on private property(GDRCo), so I'm not sure how to access the site to evaluate the dam. I don't
want to trespass.Also,can you clarify what the landowner is suggesting be done,exactly?
Thanks,
s.� ter.es
TFW/Habitat Biologist
Squaxin Island Tribe
Natural Resources Department
200 SE Billy Frank Jr.Way
Shelton,WA 98584
360-432-3818
szaniewski@squaxin.us
From: Rebecca Hersha [mai Ito:Rebecca H@co.mason.wa.us]
Sent: Thursday, September 01, 2016 11:18 AM
To: Matt Barnhart; Margaret M (DFW) Bigelow; Sarah Zaniewski
Cc: Scott Steltzner
Subject: Re: dam at Mason Lake outlet
Thanks Sarah,
The placement of rocks in the dam appear to me to be placed by humans and not by beavers or hydraulic forces.
Please let me know, once you've visited the site whether you think I am incorrect. We do discourage the
dismantling of beaver dams and require a Habitat Management Plan to demonstrate mitigation sequencing.
Sincerely,
Kekecca Hersha, Planner
Mason County Community Services Department
61 5 W Alder St.
Shelton,WA 98584
560-427-9670 ext.287
From: Sarah Zaniewski <szaniewski@squaxin.us>
To: "Bigelow, Margaret M (DFW)" <Margaret.Bigelow@dfw.wa.gov>, "Rebecca H@co.mason.wa.us"
<RebeccaH@co.mason.wa.us>, Matt Barnhart <MBarnhart@co.mason.wa.us>
CC: Scott Steltzner <ssteltzner@squaxin.us>
Date: 9/1/2016 11:09 AM
Subject: dam at Mason Lake outlet
I'm not exactly sure what it is that the reporting party is asking. However, unless this damn can actually be
verified as a man-made structure,The Tribe doesn't feel the damn should be breached or dismantled.As I'm
sure you all know, beavers are extremely important for water storage and their dams allow for a slow release
of cooler waters downstream in the summer when it is needed, among other essential ecosystem functions
they provide. Other than someone placing a game-cam up to catch the "culprit" in the act, I'm not sure how
verification would be possible, especially as the description of the dam sounds exactly like one constructed by
beavers, not man, and we are aware of quite a bit of beaver activity in that same area. While it makes perfect
sense why a beaver would want to build a damn in this location, it's unclear why any person would want to
build a damn in this location,as the reporting party is suggesting.
As for the damn being a fish blockage, a 2-3ft high beaver damn in that stretch of the creek is generally not a
barrier to adult fish migrating upstream, especially as the rain begins to push fish upstream and the water
levels rise. These dams are built every year and we see fish above the lake on a regular bases so we don't see
any negative ecological repercussions of these dams being in the system. Regardless, even if it were a
temporary fish barrier the only thing we would recommend would be to notch the structure to allow fish to
pass upstream (not dismantle it). However there is no permanent solution to this issue other than the
landowners replacing their fixed docks with floating ones so their docks aren't influenced negatively by the
rise and fall of water levels(given this has become such a consistent problem for these landowners, it may
behoove them to be proactive and take this step as beavers aren't going to just pack their bags and leave).
Again, I don't actually understand how this damn is"illegal" or a "violation"that warrants removal or action
of any sort, unless this is actually verified as a man-made structure (and not just stated as such by
conjecture).
I believe this landowner is the same person who called the county and WDFW about the road flooding
because of beavers blocking the culverts on the road last winter or the one before.The culverts that run
under E Trails Rd were surveyed 2016 and found to be 100%fish passable so pulling them out and replacing
them with another structure (e.g. a bridge) isn't a priority or a necessity from a natural resource stand point.
It's not to say that the resource wouldn't benefit from a bridge in place of culverts, but it's not a priority.
There is, what appears to be at least a partial blocking county culvert on a tributary to Mason Lake that runs
under Mason Lake Road in that area,that could also be impounding water, but that would probably be more
of an issue from the upstream side and not impacting the lake levels.
If more discussion is warranted,feel free to give me a call or forward any photos or correspondence from Mr.
Tuttle.
TFW/Habitat Biologist
Squaxin Island Tribe
Natural Resources Department
200 SE Billy Frank Jr.Way
Shelton,WA 98584
360-432-3818
szaniewski@squaxin.us
-- Forwarded message ----------
From: "Rebecca Hersha" <RebeccaH@co.mason.wa.us>
Date:Wed, Aug 31, 2016 at 1:51 PM -0400
Subject: illegal dam at Mason Lake
To: "Fred Perryman" <FredP@co.mason.wa.us>, "Matt Barnhart" <MBarnhart@co.mason.wa.us>,
"tea mmontesano@dfw.wa.gov" <teammontesano@dfw.wa.gov>, "pcase@greendiamond.com"
<pcase@greendiamond.com>, "mickey.adkins@noaa.gov" <mickey.adkins@noaa.gov>, "Jeff Dickison"
<idickison@squaxin.us>
Good Morning,
As many of you know, there has been a long standing (usually annual) situation at Mason Lake, where someone
dams up the lake (on Sherwood Creek and the large associated wetland) and then later someone else
dismantles the dam. The damming causes many fixed docks on Mason Lake to be submerged and causes
some properties to be flooded. And the reporting party who I spoke with today stated that the recently
constructed dam is not fish passable. He stated that it is about 40 feet wide and about 2 or 3 feet high and
consists of small boulders/large rocks and tree trunks.
This dam is not viewable from the road or from the lake, so the violations go unseen. From the reporting
party's description, the damn is accessible by a short walking trail from E Mason Lake Dr.W and it is likely on
Green Diamond's property (parcel 22234-10-04000). The attached picture shows where I think the dam is
located, but I haven't verified that, nor have I been out to the site. Directions: Going north on Trails End Road,
turn left onto E Mason Lake Dr W. The trail is (?) on the left after about 1300 feet. I am pretty sure it is not
within a county road right of way. Probably near the middle of section 34 of Township 22 N, Range 2 W.
I know that it's nearly impossible to enforce upon this type of violation, but I thought I'd at least get the word
out in case one of your agencies or the property owner is able to dismantle the dam.
The reporting party said that he would go back and take a photo and email it to me in the next couple of days.
And feel free to call him with any questions:
George Tuttle 360-427-099S
Sincerely,
Kekecca Nersha, Planner
Mason County Community Services Department
615 W Alder St.
Shelton,WA 98-5 84
560-427-9670—t.287