HomeMy WebLinkAboutBLD2007-00906 and GRD2007-00012 Correspondence - BLD Letters / Memos - 6/1/2012 (6/1/2012) Barbara Adkins - Information for Michael Griffith new building / Page 1
From: Allan Borden
To: Michael Griffith; Michael M Griffith
CC: Allan Borden; Barbara Adkins; Brian Matthews; Debbera Coker; Tim Whi...
Date: 6/1/2012 10:31 AM
Subject: Information for Michael Griffith new building / grading permit applications.
Michael Griffith:
June 1, 2012
RE: Permits to construct access driveway at 791 NE Dewatto Beach Dr.
Based upon our telephone conversation of Thursday May 31, 2012 [10:00 AM], I now will describe what
needs to be done if you chose to reapply for permits in response to the Mason County Hearing Examiner
decision on the administrative appeal by Earl Iddings.
The Hearing Examiner decision dated May 22, 2012 has concluded that the administrative appeal by Earl
Iddings is sustained and that the 2007 grading permit and 2007 building permit are denied without
prejudice. The applicant may reapply for the grading and wall construction permits, and those applications
shall address site topographical data in all of the construction documents, and those documents and the
engineering design will be subject to independent third-party peer review determined necessary by county
staff to ensure accuracy and to ensure that any approvals are sufficiently credible to stand up to public
review.
The construction proposed in your new application documents shall be the same project that was
approved with conditions (SHR2008-00012) and was affirmed by the State Shoreline Hearings Board in I
June 2009 (SHB-08-031). Your submitted documents shall be reviewed by staff initially to make the
determination whether the project proposed at this time is the same proposal approved and affirmed in
June 2009. If determined to be less than a ten percent revision of that approved shoreline permit
proposal, the submitted application documents will then be subject to the independent third-party peer
review. If determined to be greater than a ten percent revision of the approved shoreline permit proposal,
the submitted application documents for your proposal will be subject to the public review and evaluation
of a Shoreline Substantial Development and Conditional Use Permit; in this scenario, other permits will be
needed for the review: habitat management plan and Mason Environmental Permit, and SEPA
environmental checklist.
As a coordinated review of both the Building Department and the Planning Department, the Department
of Community Development would require the following documents for submittal as the application for the
grading and wall construction permits on your property[Parcel No. 32328-31-00130] at 791 NE Dewatto
Beach Drive near Tahuya WA.:
1) Completed building permit and land modification permit applications.
2) Construction plans for the land modification and retaining wall system demonstrating compliance to
Mason County Code, Chapter 14.
3) Supporting design calculations for land modification work and the retaining wall system
4) Geotechnical report along with written confirmation that the Geotechnical engineer has reviewed land
modification and construction documents and finds them to be consistent with the Geotechnical report.
5) Survey documents along with written confirmation that the survey professional has reviewed land
modification and construction documents and finds them to be consistent with the survey.
6) Additional documents may be required as determined by the independent third-party peer review
agent.
All documents shall be sealed and signed by the design professionals who prepared them. When the
documents are submitted to the Permit Assistance Center, Mason County will collect plan review fees and
a deposit to cover the estimated costs for peer review.
(6/1/2012) Barbara Adkins - Information for Michael Griffith new building / Page 2
If you have questions or need clarification on these permit submittals and reviews, you may contact me at
(360) 427-9670 ext. 365, or return mail
Sincerely,
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584
(360) 427-9670 ext. 365
f(3/20/2a12) Barbara Adkins - RE: HEX2009-00035 Pre-Hearing Order Page 1
From: "Phil Olbrechts" <olbrechtslaw@gmail.com>
To: "'Barbara Adkins"' <BarbarA@co.mason.wa.us>, "'Earl Morriss"' <earl@land...
CC: "'Susie Ellingson"' <Sme@co.mason.wa.us>, "'Michelle Vance"' <michelleva...
Date: 3/20/2012 7:49 AM
Subject: RE: HEX2009-00035 Pre-Hearing Order
In order to help the parties to prepare for the hearing today, I'd like to
provide additional guidance on why a hearing is needed to clarify the issues
on the Motion to Dismiss. In short, a material question of fact remains as
to the how Mason County processed the building and grading permits. I am
also slightly revising my preliminary understanding of the mootness issue.
There are at least three potential scenarios:
Scenario 1: The January 11, 2012 letter from Ms. Adkins suggests that
the County re-issued the permits on December 19, 2011 and the re-scheduling
of the appeal hearing suggests that the County still considers the 2009
permit approvals live. Under this scenario, there are two sets of permits
for the same project and the revised set of drawings only apply to the
second set. The second set of permits arguably does not moot the first
set, because they propose different projects. In this scenario, if the
Applicant stipulating on any one of errors alleged by the Appellant, there
will probably be no need for further hearing and the Examiner would simply
reverse the approvals of the first set of permits.
Scenario 2: The "hold" identified in county records on the first set of
permits is a permit suspension authorized by the IRC (at least for the
building permit). The permits were not re-issued on December 19, 2011.
Rather, the suspension was lifted on that date. The purpose of the
suspension was to review and approve revisions to the construction drawings
as authorized by IRC 106.4. As noted in the pre-hearing order, if the
County's actions did not involve a re-issuance of the permit, the subject
appeal would encompass the revisions approved by the County to the extent
they relate to the grounds for appeal.
Scenario 3: The re-issuance on December 19, 2011 impliedly revokes the
earlier set of permits.
-----Original Message-----
From: Phil Olbrechts [mailto:olbrechtslaw@gmail.com]
Sent: Monday, March 19, 2012 11:21 AM
To: 'Barbara Adkins'; 'Earl Morriss'; 'Mike Daudt'; 'Jose Vera'; 'Tim
Whitehead - Mason County'
Cc: 'Susie Ellingson'; 'Michelle Vance'
Subject: HEX2009-00035 Pre-Hearing Order
Pre-Hearing Order attached.
-----Original Message-----
From: Barbara Adkins [mailto:BarbarA@co.mason.wa.us]
Sent: Monday, March 19, 2012 10:52 AM
To: 'Phil Olbrechts'; 'Earl Morriss'; 'Mike Daudt'; Jose Vera
Cc: Susie Ellingson; 'Michelle Vance'
Subject. RE: HEX2009-00035/Hearing date on March 20, 2012
Mr. Morriss is not available on Friday, March 23. Therefore, we are still
on for tomorrow, March 20, 2012 at 12:00 p.m.
`(3/20/21 12) Barbara Adkins - RE: HEX2009-00035 Pre-Hearing Order Page 2
Thank you,
Barbara
Barbara A. Adkins, AICP, Director
Department of Community Development
Post Office Box 279
Shelton, WA 98584
360/427-9670 ext. 286
Email: BarbarA@co.mason.wa.us
>>> "Jose Vera" <josevera@veraassociates.com> 3/16/2012 4:00 PM >>>
I am available the 23rd all day.
Jose F. Vera, Attorney at Law
Office Hours: 9:30 am to 5:30 pm
Next days out of office:
Vera & Associates, PLLC
2110 N. Pacific St., Suite 100
Seattle, Washington 98103
Tel. (206) 217-9300
FAX (206) 217-9332
Josevera@veraassociates.com
JoseFvera@msn.com
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-----Original Message-----
From: Phil Olbrechts [mailto:olbrechtslaw@gmail.com]
Sent: Friday, March 16, 2012 3:27 PM
To: 'Barbara Adkins'; 'Earl Morriss'; 'Mike Daudt'; 'External Jose Vera'
Cc: 'Susie Ellingson'
Subject: RE: HEX2009-00035/Hearing date on March 20, 2012
1 won't have an opportunity to rule on the motions to dismiss until Monday,
3/19/12, since I have a decision due today. The response and replies to the
motion only came in yesterday. Are the parties available to do the hearing
on 3/23 so that everyone has a reasonable amount of time to adjust to the
ruling? A question for Barbara --would the hearing room be available all
(3/20/2012) Barbara Adkins - RE: HEX2009-00035 Pre-Hearing Order Page 3
day on that date?
-----Original Message-----
From: Barbara Adkins [mailto:BarbarA@co.mason.wa.us]
Sent: Friday, March 16, 2012 3:23 PM
To: Earl Morriss; Mike Daudt; External Jose Vera
Cc: Susie Ellingson; olbrechtslaw@gmail.com
Subject: RE: HEX2009-00035/Hearing date on March 20, 2012
While I'm flattered at the assumption, the reality is I simply don't have
the authority to unilaterally reschedule this hearing without agreement of
the parties. Mr. Daubt has asked to reschedule, and Mr. Morriss has
declined to do so. Hence, no agreement. The Hearing Examiner is the only
granting authority for a continuance at this point. Under the Hearing
Examiners Rules of Practice and Procedure...
"A scheduled hearing may be continued for good cause as determined by the
Hearing Examiner. Motions for continuance shall be served and received by
all parties and the Examiner at least seven days prior to the hearing date,
unless extraordinary circumstances justify a later date."
Mr. Olbrecht has suggested the hearing could be rescheduled for Friday,
March 23. If that is acceptable to both parties, then I'll see that
arrangements are made. If not, then we are on for March 20, unless a motion
for continuance is granted by the Examiner prior to then.
So ... now what?
Barbara A. Adkins, AICP, Director
Department of Community Development
Post Office Box 279
Shelton, WA 98584
360/427-9670 ext. 286
Email: BarbarA@co.mason.wa.us
>>> "Mike Daudt" <mdaudt@tmdwlaw.com> 3/16/2012 1:17 PM >>>
Ms. Adkins:
We have some concerns about this proposal. Several of our witnesses will be
paid experts who charge high hourly rates. In addition, we anticipate that
more than 25 concerned residents will attend, some of whom may also wish to
testify. Will the room available at 2 PM be large enough to accommodate
that? If not, then our concern is that we may end up having to pay multiple
expert witnesses to travel to Shelton without sufficient time to permit
their testimony.
We feel that it would be a much more efficient use of time for everyone
involved to continue this hearing for a couple of weeks into April to a time
that allows for a full day to accommodate all of the witnesses.
Michael Daudt
mike@tmdwlaw.com
Terrell Marshall Daudt & Willie PLLC
936 N. 34th Street, Suite 400
(3/20/2012) Barbara Adkins - RE: HEX2009-00035 Pre-Hearing Order Page 4
Seattle, WA 98103
www.tmdwlaw.com
(206) 816-6606
-----Original Message-----
From: Barbara Adkins [mailto:BarbarA@co.mason.wa.us]
Sent: Wednesday, March 14, 2012 3:15 PM
To: Earl Morriss; Mike Daudt; External Jose Vera
Cc: Susie Ellingson; olbrechtslaw@gmail.com
Subject: RE: HEX2009-00035/Hearing date on March 20, 2012
Gentlemen—
Considering we do not have consensus, to say the least, on rescheduling the
hearing, we will proceed as planned for March 20, 2012. If the hearing is
still in progress when we need to vacate, we can move to another room in the
building. Additionally, the hearing can, and may need to be, continued to
another date within a reasonable time period should that become necessary.
Everybody good with that?
Barbara
Barbara A. Adkins, AICP
Director, Department of Community Development Post Office Box 279 Shelton,
WA 98584
360/427-9670 ext. 286
Email: BarbarA@co.mason.wa.us
>>> "Mike Daudt" <mdaudt@tmdwlaw.com> 3/14/2012 2:13 PM >>>
We respectfully disagree. This hearing will be an "open record" hearing
pursuant to MCC 15.09.080. There is nothing in the Mason County Code to
indicate that this is a closed record review as you suggest, and you cite no
legal authority in your motion for that proposition.
We will introduce documents and present live testimony from multiple
witnesses to demonstrate that the building permit does not comply with the
law, as allowed by MCC 15.09.080. It is unlikely in the extreme that the
hearings examiner is going to refuse to at least hear our evidence, even if
he ultimately agrees with you that he can't consider that evidence in his
decision on this appeal.
From: Earl Morriss [mailto:earl@landlawwashington.com]
Sent: Wednesday, March 14, 2012 1:43 PM
To: Mike Daudt; 'Barbara Adkins'; External Jose Vera
Subject: RE: HEX2009-00035/Hearing date on March 20, 2012
(3/20/20 Page 5
12) Barbara Adkins - RE: HEX2009-00035 Pre-Hearing Order
Mike,
I object to re-scheduling. I do not believe the hearing will take more than
two hours. Almost all of the documents involved are not the documents
recently approved - the HE cannot consider evidence which was not part of
the original decision...and I get the feeling that you intend to attempt to
bring testimony involving documents which did not exist at the time of the
original decision.
Also, I have made a Motion to Dismiss - and at least that issue could be
decided in a two hour framework.
There is no valid reason to re-schedule. This is just further delay on the
part of Mr. Iddings.
Earl Morriss
From: Mike Daudt [mai Ito:mdaudt@tmdwlaw.com]
Sent: Wednesday, March 14, 2012 10:57 AM
To: Earl Morriss; Barbara Adkins; External Jose Vera
Subject: HEX2009-00035/Hearing date on March 20, 2012
Importance: High
Barbara, Earl and Jose:
I called Tim Whitehead yesterday to discuss scheduling issues relating to
this hearing yesterday. He told me that he was not going to attend the
hearing and that I should discuss scheduling issues directly with Barbara
Adkins.
I spoke to Barbara this morning. Barbara told me that the hearing is
currently scheduled for only two hours (noon until 2 PM), due to a
scheduling conflict (I believe that she said that the regularly scheduled
county commissioner's meeting begins at 2 PM that day).
Barbara and I both agree that it is likely that this hearing will take
longer than two hours to complete, so Barbara suggested that I send this
email to propose that we reschedule the hearing to a time that hopefully
will allow the hearing to be completed in one day.
(3/20/2012) Barbara Adkins - RE: HEX2009-00035 Pre-Hearing Order Page 6
Earl and Jose, is it agreeable to you to explore rescheduling? I am
scheduled for a jury trial the week of March 26, but my schedule is
generally open for April. The only day in April that I have commitment is
April 9.
Michael Daudt
mike@tmdwlaw.com
Terrell Marshall Daudt &Willie PLLC
936 N. 34th Street, Suite 400
Seattle, WA 98103
www.tmdwlaw.com
(206) 816-6606
Please note that our firm name, email, website and mailing address have
recently changed.
From: Debbera Coker
To: mikemgriffith@comcast.net
CC: atahja@hctc.com
Date: 1/9/2012 9:32 AM
Subject: Appeal of permits received - STOP WORK will be posted today.
Attachments: BLD2007-00906 Powell Appeal dated 1.9.2012.pdf
On January 6, 2012 the Mason County Permit Center received via email, facsimile
and hand delivery an appeal of the permits issued on December 19, 2011, Building
permit number BLD2007-00906 and grading permit number GRD2007-00012 . The Mason
County Commissioners received the appeal on January 9, 2012. A hearing examiner
case has been created, HEX2012-00001. A copy of the appeal is attached to this
e-mail.
I have been directed by the Community Development Director, Barbara Adkins, to
post a STOP WORK notice at the site today, parcel number 323283100130 . The
building inspector will post the site today.
Debbera Coker
Mason County Building Department
Building Inspector IV/Code Enforcement
Phone: (360)427-9670 ext 510
FAX: (360) 427-7798
e-Mail: DLC@co.mason.wa.us
PO Box 186
426 West Cedar Street
Shelton, WA 98584
(1/12/2012) Barbara Adkins - Fwd: Re: Appeal filed December 15, 2009 related Page 1
From: Debbera Coker
To: Whitehead, Tim
CC: Adkins, Barbara
Date: 1/12/2012 8:10 AM
Subject: Fwd: Re: Appeal filed December 15, 2009 related to case# HEX2009-00035
Response from Mr. Griffith
>>> <mikemgriffith(@comcast.net> 1/11/2012 9:48 PM >>>
Debbera, The way I see it, Iddings's appeal should be dead because it appeals the building permits that
were granted to me in Dec 2009. Those permits were pulled (no longer good) so there wasn't any permits
to appeal. If there were no permits how can you appeal something that no longer existed? In order to get
the permits issued to me I did several things 1) Obtained a RAP. 2)went to trial and won the 22.5 ROW
ruling. 3) made improvements to design (see dwg rev 3/2010) . After I completed all those things then the
permits were issued again. That is when an appeal should have been made. But in was done too late
from what I hear.
----- Original Message -----
From: "Debbera Coker" <Dlc(@co.mason.wa.us>
To: mikemgriffith(o-)com cast.net
Sent: Wednesday, January 11, 2012 9:18:08 AM
Subject: Appeal filed December 15, 2009 related to case# HEX2009-00035
The document related to the appeal filed on December 15, 2009, hearing examiner case number
HEX2009-00035, is attached. The hearing is set for March 20, 2012.
Debbera Coker
Mason County Building Department
Building Inspector IV/Code Enforcement
Phone: (360)427-9670 ext 510
FAX: (360) 427-7798
e-Mail: DLCna co.mason.wa.us
PO Box 186
426 West Cedar Street
Shelton, WA 98584
(3/25/2011 k Barbara Adkins- Re: my driveway permits Page 1 {
s
From: <mikemgriffith@comcast.net>
To: Barbara Adkins <BarbarA@co.mason.wa.us>
Date: 3/25/2011 12:57 PM
Subject: Re: my driveway permits
Barbara, well as you know by now , the judge kept the injunction on....it looks like another summer goes
by and I cannot use my property... so there will not be any need to bother with the permits for now....we
have a trial in july. talk to then. Mike
-----Original Message-----
From: "Barbara Adkins" <BarbarA@co.mason.wa.us>
To: mikemgriffith@comcast.net
Cc: "Allan Borden" <Ahb@co.mason.wa.us>, "Debbera Coker" <Dlc@co.mason.wa.us>, "Rick Brush"
<RickBr@co.mason.wa.us>
Sent: Tuesday, March 22, 2011 8:46:38 AM
Subject: Re: my driveway permits
Mr. Griffith -
I certainly understand your concerns about the timing your construction. Other than the lawsuit itself, I
can so no other major impediments to you obtaining the permits. This is provided, of course, that all
necessary conditions are included. That being said, I would be remiss if I didn't caveat these statements
with a word of caution. Until the hearing is over on March 25 and we receive advice from our attorney, we
cannot tell you with any certainty if or when you'll be able to obtain your permits.
In addition, to answer your question about the road access permit-yes, it would be extended.
Please let me know if there is anything else I can help you with.
Thanks,
Barbara
Barbara A. Adkins, AICP
Department Manager
Mason County
Department of Community Development
Post Office Box 279
Shelton, WA 98584
360/427-9670 ext. 286
Email: BarbarA@co.mason.wa.us
>>> <mikemgriffith@comcast.net> 3/18/2011 12:13 PM >>>
Barbara, Thanks for the reply. I understand that you cannot re- issue the permits until the injunction lifted.
Is there some new reason the permits wouldn't be re-issued if the injunction is lifted? In other words, If
the judge lifts the injunction would the county re-issue my permits?And if so could I get them expedited?
The reason I am asking is that I am trying to be proactive. I am under a big time constraint. Since the
issue with the birds will limit my time doing construction, I don't want a bunch of confusion as to the re-
issuing of the permits. I have thousands of dollars wrapped up in this along with contractors and other
professionals standing by waiting for the word (permits)to go. My contractor will need all the time he can
get to do this before April 1st. As you know, I have had many thing go bad so I am just trying to look
ahead and get any potential problems solved beforehand. I still didn't get a reply to the question I had
(3/25/2011)`Barbara Adkins- Re: my driveway permits Page 2
about my Road Access Permit(see below).
thanks for your immediate attention
Mike
-----Original Message-----
From: "Barbara Adkins" <BarbarA@co.mason.wa.us>
To: "Michael M Griffith" <michael.m.griffith@boeing.com>, mikemgriffith@comcast.net
Cc: "Allan Borden" <Ahb@co.mason.wa.us>, "Mark Core" <CoreM@co.mason.wa.us>, "Debbera Coker"
<Dlc@co.mason.wa.us>
Sent: Friday, March 18, 2011 11:21:29 AM
Subject: RE: my driveway permits
Mr. Griffith -
My apologies for all of the confusion. I believe all of the paperwork related to the upcoming hearing on
March 25 has now been received by our attorneys. We will, of course, be unable to tell you whether or
not you'll be able to receive your permits until that hearing is over.
We will keep you as informed as we can regarding our progress. In the meantime, if you have any
questions please do not hesitate to call. You can also have your attorney contact the Prosecutor's office
as well.
Thanks,
Barbara Adkins
Barbara A. Adkins, AICP
Department Manager
Mason County
Department of Community Development
Post Office Box 279
Shelton, WA 98584
360/427-9670 ext. 286
Email: BarbarA@co.mason.wa.us
>>> "Griffith, Michael M" <michael.m.griffith@boeing.com> 3/17/2011 2:13 PM >>>
Thanks Allan
At the last hearing on Dec 23,2010, in the Thurston Co court house, I asked Monte Cobb about getting
my permits re issued and he said after the Temp Injunction got lifted. It may or may not happen at the
same time as the trial, but if it did get lifted early I sure want to get this done. As you know, this whole
project should be a poster child example of"the way people can manipulate the system for harassment
purposes." I don't see how anything would get built if all the projects in this county went like this ,ha-ha.
I didn't see the response to the question about my Road Access Permit below. I take it that since all this
stuff is tied up in this legal mess, it automatically gets extended like the rest of the permits. Am I right?
(3/25/2011) Barbara Adkins- Re: my driveway permits Page 3
Mike
From: Allan Borden [mailto:Ahb@co.mason.wa.us]
Sent: Thursday, March 17, 2011 10:32 AM
To: mikemgriffith@comcast.net
Cc: Griffith, Michael M; Barbara Adkins; Mark Core; Debbera Coker; Tim Whitehead
Subject: Re: my driveway permits
Mike:
In this response to your message, I want to bring to your attention that a trial in Thurston County Superior
Court on the injunction concerning the road access is set for July 11 to 14, 2011. The decision of that trial
will determine the next step to take in the road construction project. Right now, the permits cannot be
issued until that decision of the trial is made. Barbara Adkins(ext. 286) and Mark Core (ext. 357) may be
able to answer further questions on the process.
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext. 365
>>> <mikemgriffith@comcast.net> 3/16/2011 3:41 PM >>>
Allan/ Debbera, I wanted to tell you that I just got informed that my hearing (to get the temp injunction
lifted has been moved to the 25th of March (instead of the 18th). This will make it pretty sporty but my
contractor is pretty sure he can get it done.
I will call you when the trial is over on the 25th and make arrangements to pick up the permits (provided
the temp injunction is lifted).
Also I noticed my RAP 2010-00127 says it has to completed by 04/20/2011. Is that true since my
construction has been tied up by the court stuff?
Thanks
Mike Griffith
425-941-3884 cell
�S/15/2-011) Barbara Adkins- RE: my driveway permits Page 1
From: Barbara Adkins
To: Michael M Griffith; mikemgriffith@comcast.net
CC: Allan Borden; Debbera Coker; Mark Core
Date: 3/18/2011 11:21 AM
Subject: RE: my driveway permits
Mr. Griffith -
My apologies for all of the confusion. I believe all of the paperwork related to the upcoming hearing on
March 25 has now been received by our attorneys. We will, of course, be unable to tell you whether or
not you'll be able to receive your permits until that hearing is over.
We will keep you as informed as we can regarding our progress. In the meantime, if you have any
questions please do not hesitate to call. You can also have your attorney contact the Prosecutor's office
as well.
Thanks,
Barbara Adkins
Barbara A. Adkins, AICP
Department Manager
Mason County
Department of Community Development
Post Office Box 279
Shelton, WA 98584
360/427-9670 ext. 286
Email: BarbarA@co.mason.wa.us
>>> "Griffith, Michael M" <michael.m.griffithCaD_boeing.com> 3/17/2011 2:13 PM >>>
Thanks Allan
At the last hearing on Dec 23,2010, in the Thurston Co court house, I asked Monte Cobb about getting
my permits re issued and he said after the Temp Injunction got lifted. It may or may not happen at the
same time as the trial, but if it did get lifted early I sure want to get this done. As you know, this whole
project should be a poster child example of"the way people can manipulate the system for harassment
purposes." I don't see how anything would get built if all the projects in this county went like this ,ha-ha.
didn't see the response to the question about my Road Access Permit below. I take it that since all this
stuff is tied up in this legal mess, it automatically gets extended like the rest of the permits. Am I right?
Mike
From: Allan Borden (mailto:Ahb(@co.mason.wa.us1
Sent: Thursday, March 17, 2011 10:32 AM
To: mikemgriffithacomcast.net
Cc: Griffith, Michael M; Barbara Adkins; Mark Core; Debbera Coker; Tim Whitehead
Subject: Re: my driveway permits
Mike:
In this response to your message, I want to bring to your attention that a trial in Thurston County Superior
Court on the injunction concerning the road access is set for July 11 to 14, 2011. The decision of that trial
will determine the next step to take in the road construction project. Right now, the permits cannot be
(6/18/?011) Barbara Adkins- RE: my driveway permits Page 2
issued until that decision of the trial is made. Barbara Adkins (ext. 286) and Mark Core (ext. 357) may be
able to answer further questions on the process.
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext. 365
>>> <mikemgriffith(a-)-comcast.net> 3/16/2011 3:41 PM >>>
Allan/ Debbera, I wanted to tell you that I just got informed that my hearing (to get the temp injunction
lifted has been moved to the 25th of March (instead of the 18th). This will make it pretty sporty but my
contractor is pretty sure he can get it done.
I will call you when the trial is over on the 25th and make arrangements to pick up the permits (provided
the temp injunction is lifted).
Also I noticed my RAP 2010-00127 says it has to completed by 04/20/2011. Is that true since my
construction has been tied up by the court stuff?
Thanks
Mike Griffith
425-941-3884 cell
L(3/18/2011) Barbara Adkins- Fwd: Re: my driveway permits Page 1
From: Tim Whitehead
To: Barbara Adkins
Date: 3/18/2011 6:14 AM
Subject: Fwd: Re: my driveway permits
I received notice of a hearing on Friday, March 25, 2011 to review the injunction. We will see what
happens at the hearing. Always the last to know. Thanks
Timothy W. Whitehead
Mason County Prosecutor's Office
Chief Deputy Prosecuting Attorney
P: (360)427-9670 ext. 417
F: (360)427-7554
>>> Barbara Adkins 3/17/2011 11:00 AM >>>
Tim --can we talk to you about this? We are confused and don't want to provide Mr. Griffith with any
misinformation.
Thanks
B
>>>Allan Borden 3/17/2011 10:32 AM >>>
Mike:
In this response to your message, I want to bring to your attention that a trial in Thurston County Superior
Court on the injunction concerning the road access is set for July 11 to 14, 2011. The decision of that trial
will determine the next step to take in the road construction project. Right now, the permits cannot be
issued until that decision of the trial is made. Barbara Adkins(ext. 286) and Mark Core (ext. 357) may be
able to answer further questions on the process.
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext. 365
>>> <mikemgriffith(acomcast.net> 3/16/2011 3:41 PM >>>
Allan / Debbera, I wanted to tell you that I just got informed that my hearing (to get the temp injunction
lifted has been moved to the 25th of March (instead of the 18th). This will make it pretty sporty but my
contractor is pretty sure he can get it done.
I will call you when the trial is over on the 25th and make arrangements to pick up the permits (provided
the temp injunction is lifted).
Also I noticed my RAP 2010-00127 says it has to completed by 04/20/2011. Is that true since my
construction has been tied up by the court stuff?
Thanks
Mike Griffith
425-941-3884 cell
ti
(117/2011) Barbara Adkins- RE: my driveway permits Page 1
From: "Griffith, Michael M" <michael.m.griffith@boeing.com>
To: Allan Borden <Ahb@co.mason.wa.us>, "mikemgriffith@comcast.net" <mikemgri...
CC: Barbara Adkins <BarbarA@co.mason.wa.us>, Mark Core <CoreM@co.mason.wa.us...
Date: 3/17/2011 2:13 PM
Subject: RE: my driveway permits
Thanks Allan
At the last hearing on Dec 23,2010, in the Thurston Co court house, I asked Monte Cobb about getting
my permits re issued and he said after the Temp Injunction got lifted. It may or may not happen at the
same time as the trial, but if it did get lifted early I sure want to get this done. As you know, this whole
project should be a poster child example of"the way people can manipulate the system for harassment
purposes." I don't see how anything would get built if all the projects in this county went like this ,ha-ha.
didn't see the response to the question about my Road Access Permit below. I take it that since all this
stuff is tied up in this legal mess, it automatically gets extended like the rest of the permits. Am I right?
Mike
From: Allan Borden [mailto:Ahb@co.mason.wa.us]
Sent: Thursday, March 17, 2011 10:32 AM
To: mikemgriffith@comcast.net
Cc: Griffith, Michael M; Barbara Adkins; Mark Core; Debbera Coker; Tim Whitehead
Subject: Re: my driveway permits
Mike:
In this response to your message, I want to bring to your attention that a trial in Thurston County Superior
Court on the injunction concerning the road access is set for July 11 to 14, 2011. The decision of that trial
will determine the next step to take in the road construction project. Right now, the permits cannot be
issued until that decision of the trial is made. Barbara Adkins (ext. 286) and Mark Core (ext. 357) may be
able to answer further questions on the process.
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext. 365
>>> <mikemgriffith@comcast.net> 3/16/2011 3:41 PM >>>
Allan / Debbera, I wanted to tell you that I just got informed that my hearing (to get the temp injunction
lifted has been moved to the 25th of March (instead of the 18th). This will make it pretty sporty but my
contractor is pretty sure he can get it done.
will call you when the trial is over on the 25th and make arrangements to pick up the permits (provided
the temp injunction is lifted).
Also I noticed my RAP 2010-00127 says it has to completed by 04/20/2011. Is that true since my
(3/17/2011) Barbara Adkins- RE: my driveway permits Page 2
construction has been tied up by the court stuff?
Thanks
Mike Griffith
425-941-3884 cell
(3/11/2011) Barbara Adkins- Fwd.- Re: Iddings vs Griffith & Mason Co. Page 1
From: Rick Brush
To: Mark Core
Date: 3/11/2011 11:58 AM
Subject: Fwd: Re: Iddings vs Griffith & Mason Co.
Mark:
You should probably call Mike, since he's looking to you for a go-ahead. Our next step, which we can't
take, would be to OK his completed driveway where it meets the County road. My understanding is that
none of us, including Mike, can do anything until the injunction is lifted.
Rick
>>> Tim Whitehead 3/11/2011 11:26 am >>>
It is my understanding that the injunction is still in place. I have not heard otherwise.
Timothy W. Whitehead
Mason County Prosecutor's Office
Chief Deputy Prosecuting Attorney
P: (360)427-9670 ext. 417
F: (360)427-7554
>>> Rick Brush 3/11/2011 10:36 AM >>>
Tim:
Mike Griffith is calling Mark Core to get clearance to start building his driveway. Public Works previously
OK'd his application for a road access permit, which I think prompted the lawsuit. Do we understand
correctly that, at this stage of the legal process, we are prohibited from any further action authorizing
Griffith to proceed? And, that Griffith is also prohibited from proceeding in any way?
Thanks.
Rick
(3/16/2010) Barbara Adkins- Re: Griffith project, Dewatto Page 1
From: Rick Brush
To: Allan Borden; Barbara Adkins; Debbera Coker; Larry Waters; Mark Core...
CC: Bob Thuring
Date: 3/16/2010 1:54 PM
Subject: Re: Griffith project, Dewatto
He indicated to me yesterday that he would restore the turn-around by April 1,after which he can't work on the bluff. He's
having the driveway re-designed so it doesn't encroach into the turn-around area and won't be able to construct it until
September.
>>> Debbera Coker 3/16/2010 11:12 am >>>
I received a telephone call from Mr.Griffith concerning the retaining wall system he hopes to build in Dewatto. According
to Mr. G he and Public Works staff,B.Thuring and R Brush have agreed that Mr.G needs to return the turnaround back to
it's original condition before he started the work last November. He wanted me to be sure to pass on this information in
case we receive a call or complaint.
1,0/2112010 Barbara Adkins - Fwd Dewatto Beach Dr Turn-Around.txt Pa e 1
From: Rick Brush
To: Barbara Adkins; Debbera Coker; Mark Core
Cc: Bob Thuring; Brian Matthews; Charles Butros; Fred Perryman
No String Available 8/3/2010 9:38 AM
Subject: Fwd: Dewatto Beach Dr Turn-Around
Greetings:
This email is a response to Mike Griffith's attorney, who threatened a lawsuit if we proceeded to remove
material from the turn-around area to restore it to what we think was its previous size. We were going to
do that because Mr. Griffith had not done it per our request.
Our remaining issues are with the portion of his driveway design that approaches the public right of way.
We are requiring a turn at the bottom of the driveway that is adequate to orient a vehicle at 90 degrees to
the right of way before entering it. We also want him to remove the drainage ditch from the turn-around
area.
Rick
>>> Rick Brush 8/3/2010 9:26 am >>>
Mr. Morriss:
After further consultation and upon the advice of the Prosecuting Attorney's Office, our position regarding
the dimensions of the turn-around area is changed. While we have reason to believe that the traditional
area is larger than it is presently and that it is public by prescription, we do not have strong and precise
enough evidence to rely on in demanding that Mr. Griffith enlarge it. For this reason we withdraw our
request that Mr. Griffith remove more material from the area and we will not remove the material
ourselves.
Our position regarding the driveway design remains as stated in our letter of April 20, 2010.
Rick Brush
Right of Way/Property Manager
Mason County Public Works
100 W. Public Works Drive
Shelton, WA 98584
360-427-9670 Ext 618
(1/12/2010) Barbara Adkins-Status of Unrecorded Right of Way Conveyance Page 1
From: Rick Brush
To: Monty Cobb
CC: Barbara Adkins; Bob Thuring; Mark Core
Date: 1/12/2010 3:46 PM
Subject: Status of Unrecorded Right of Way Conveyance
Attachments: Dewatto Bch Surveys.pdf
Monty:
We need your advice on a couple of legal questions about the width of the right of way of Dewatto Beach Dr.at the
property of Mike Griffith,who's been in a long drawn-out effort to develop his waterfront property. (I understand you've
heard at least a little about this from Barbara Adkins and Mark Core.)
One of Mr. Griffith's problems is designing a retaining wall to support his driveway so it stays outside the road right of way.
Public Works has two documents conveying right of way at his location. One,for 40'of width, is recorded with the Auditor
and the other,for 60'of width, is not recorded. Mr. Griffith says he can build his wall outside the 40'width and he has a
design to do that. He states that, because of the steep slope and because of protected nesting birds on the site, it would
be impossible to design and build a wall outside a 60'width. Mr. Griffith has been advised by his attorney that the 60' right
of way conveyance is not enforceable against him under the recording act. See the attached 1991 Supreme Court decision,
117 Wn.2d 24, P.2d 910,ELLINGSEN v. FRANKLIN COUNTY,which we understand would support this claim. Would you
agree?
You may know that another of Mr.Griffith's problems is the objection of a neighbor, Earl Iddings,to Mr.Griffith's
development. Mr. Iddings claims that the right of way is 60'wide based on the unrecorded document and he went to the
expense of having a survey done and recorded. See attached. Also attached is another survey showing the 40'width. The
existence of these two,conflicting surveys is causing some difficulty for DCD. I spoke with Mr. Iddings today and learned
that his greatest concern is that the Griffith project will block off an area that has traditionally been used to turn vehicles
around since this location is the end of the County Road. This turn-around area extends outside the 40' right of way, but
would be within the 60'. My second question would be, if we can only claim 40'of right of way and, if the turn-around area
has been used by the public for more than 10 years and maintained by the County for more than 7 years,has the County
acquired additional right of way here under RCW 36.75.080, Highways used ten years are county roads,and RCW
36.75.070, Highways worked seven years are county roads?
I'd be happy to meet with you to discuss further.
Rick
ill 2/31N09) Barbara Adkins- RE: Shoreline& Grading permit review status Page 1
From: "Mraz, Richard A. (ECY)" <rmra461@ECY.WA.GOV>
To: "Allan Borden" <Ahb@co.mason.wa.us>, "Barbara Adkins" <BarbarA@co.mason....
Date: 12/31/2009 11:49 AM
Subject: RE: Shoreline& Grading permit review status
Thanks Allan,
I guess we'll wait for all the issues to play out.
Rick Mraz
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
rmra461@ecy.wa.gov
From: Allan Borden [mailto:Ahb@co.mason.wa.us]
Sent: Wednesday, December 30, 2009 5:03 PM
To: Barbara Adkins; Mraz, Richard A. (ECY)
Subject: RE: Shoreline & Grading permit review status
Rick:
Barbara and I had a office visit and discussion with Mr. Griffith
mid-day today. He came to Mason County to address questions to Public
Works [new 40 and 60-ft. road easement surveys; road access permits];
Building Dept. [grading amounts and wall construction design standards];
and Planning Dept. [changes in his proposal and the need for new
shoreline permit reviews].
Public Works appears to accept the 40-ft road easement width but may not
accept the new 60-ft wide survey unless compelled by the result of a
legal action by the property owners. Griffith talked about the possible
easement vacation request on the south portion of the 60-ft wide
easement in order to provide more area to configure the driveway and
block wall alignment; this would have to be agreed upon following
separate public hearings by the Hearing Examiner and the County
Commissioners.
Further discussions with the Building Dept. by the Griffith engineer
(Alan Tahja) are continuing on issues about the geotextile material and
the techniques to use in this steep slope situation.
The PlanningDept. will not proceed until the Griffith engineer can
p p 9
carefully detail the current proposal for the increased road easement
S12/31/ 009) Barbara Adkins- RE: Shoreline& Grading permit review status _ Page 2,
width, the improved portrayal of the slope contours (engineer revised
these over the 2007 to 2009 period), and the amount of excavation and
embankment now proposed compared to the amounts called out in the 2007
permit review. The Planning Dept. will require that the Road Access
Permit from Public Works should be close to approval before the new
Shoreline Permits are considered or the Stop Work Orders on the old
permits are rescinded. This means the recent 12/2009 site plan and
design drawings will likely be revised by the proposal engineer.
This process will go back and forth for some time into January 2010.
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584
(360) 427-9670 ext. 365
>>> "Mraz, Richard A. (ECY)" <rmra461 @ECY.WA.GOV> 12/30/2009 10:25 AM
Thanks Barbara. I'm heading out to the field for the rest of the day
and will be back in tomorrow morning. I'll look for the info. then.
Rick Mraz
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
rmra461@ecy.wa.gov
-----Original Message-----
From: Barbara Adkins [mailto:BarbarA@co.mason.wa.us]
Sent: Wednesday, December 30, 2009 10:24 AM
To: Mraz, Richard A. (ECY)
Cc: Allan Borden
Subject: RE: Shoreline & Grading permit review status
Rick-
Allan has all this information. He is back today and I've just briefed
him on Mr. Griffith's recent inquiry as well as the Tahuya problems. I
am going to copy him on this email so he can see what information you
are looking for.
Thanks,
F12/31/�009) Barbara Adkins- RE: Shoreline&Grading permit review status Page 3
Barbara
Barbara A. Adkins, AICP
Department Manager
Mason County
Department of Community Development
Post Office Box 279
Shelton, WA 98584
360/427-9670 ext. 286
Email: BarbarA@co.mason.wa.us
>>> "Mraz, Richard A. (ECY)" <rmra461@ECY.WA.GOV> 12/29/2009 4:46 PM >>>
Thanks Barb. It appears that there should be additional drawings that
compare to sheet 5 of 6 for the original proposal. Do you have those?
Also, have you received a formal application for revision? If so, could
you forward us a copy? Thanks.
Rick Mraz
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
rmra461@ecy.wa.gov
-----Original Message-----
From: Barbara Adkins [mailto:BarbarA@co.mason.wa.us]
Sent: Tuesday, December 29, 2009 3:49 PM
To: Mraz, Richard A. (ECY)
Subject: Fwd: Shoreline & Grading permit review status
Did you get a copy of this?
>>> Allan Borden 12/23/2009 12:03 PM >>>
Mike Griffith.-
When I talked to you on Monday Dec. 21, 2009, 1 told you that I needed
to talk with other department staff about the revisions made to your
proposal. On Tues. Dec. 22, 2009 in the mid-afternoon, I discussed the
791 NE Dewatto Beach Rd. project with Debbera Coker[plans review] and
Barbara Adkins [Department Co-Director]. The Department concludes that
the 2009 permit revisions are significant enough to require the review
of a new Shoreline Permit [SDP and CUP] and the revision of the
construction and grading permits recently issued to you and being held
by a Stop Work order. This morning I prepared a letter(now in PDF)
that is attached that will provide you with the summary and conclusion
of the discussions that took place on Tuesday Dec. 22, 2009.
Allan Borden
Planner- Long Range & Site Inspection
P.O. Box 279, Shelton, WA 98584
(360) 427-9670 ext. 365
P12/3,;?009) Barbara Adkins- RE: Shoreline&Grading permit review status Page 1
From: Allan Borden
To: Barbara Adkins; Richard A. (ECY) Mraz
Date: 12/30/2009 5:02 PM
Subject: RE: Shoreline &Grading permit review status
Rick:
Barbara and I had a office visit and discussion with Mr.Griffith mid-day today. He came to Mason County to address questions to
Public Works[new 40 and 60-ft. road easement surveys; road access permits]; Building Dept. [grading amounts and wall
construction design standards];and Planning Dept. [changes in his proposal and the need for new shoreline permit reviews].
Public Works appears to accept the 40-ft road easement width but may not accept the new 60-ft wide survey unless compelled by
the result of a legal action by the property owners. Griffith talked about the possible easement vacation request on the south
portion of the 60-ft wide easement in order to provide more area to configure the driveway and block wall alignment;this would
have to be agreed upon following separate public hearings by the Hearing Examiner and the County Commissioners.
Further discussions with the Building Dept. by the Griffith engineer(Alan Tahja)are continuing on issues about the geotextile
material and the techniques to use in this steep slope situation.
The Planning Dept.will not proceed until the Griffith engineer can carefully detail the current proposal for the increased road
easement width,the improved portrayal of the slope contours(engineer revised these over the 2007 to 2009 period),and the
amount of excavation and embankment now proposed compared to the amounts called out in the 2007 permit review. The
Planning Dept.will require that the Road Access Permit from Public Works should be close to approval before the new Shoreline
Permits are considered or the Stop Work Orders on the old permits are rescinded. This means the recent 12/2009 site plan and
design drawings will likely be revised by the proposal engineer.
This process will go back and forth for some time into January 2010.
Allan Borden
Planner-Long Range&Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext. 365
>>> "Mraz, Richard A. (ECY)" <rmra461@ECY.WA.GOV> 12/30/2009 10:25 AM >>>
Thanks Barbara. I'm heading out to the field for the rest of the day
and will be back in tomorrow morning. I'll look for the info.then.
Rick Mraz
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
rmra461@ecv.wa.g-ov
-----Original Message-----
From: Barbara Adkins[mai Ito:BarbarA(&co.mason.wa.us]
Sent: Wednesday,December 30, 2009 10:24 AM
To: Mraz, Richard A. (ECY)
Cc:Allan Borden
Subject: RE: Shoreline&Grading permit review status
Rick-
Allan has all this information. He is back today and I've just briefed
him on Mr. Griffith's recent inquiry as well as the Tahuya problems. I
am going to copy him on this email so he can see what information you
are looking for.
Thanks,
Barbara
L(12/3?e,,2009) Barbara Adkins- RE: Shoreline&Grading permit review status Page 2
Barbara A.Adkins,AICP
Department Manager
Mason County
Department of Community Development
Post Office Box 279
Shelton,WA 98584
360/427-9670 ext. 286
Email: Barba rA(c>co.mason.wa.us
>>> "Mraz, Richard A. (ECY)" <rmra461@)ECY.WA.GOV> 12/29/2009 4:46 PM >>>
Thanks Barb. It appears that there should be additional drawings that
compare to sheet 5 of 6 for the original proposal. Do you have those?
Also, have you received a formal application for revision? If so,could
you forward us a copy? Thanks.
Rick Mraz
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
rmra461 Calecy.wa.gov
-----Original Message-----
From: Barbara Adkins[mailto:BarbarA@co.mason.wa.usl
Sent:Tuesday,December 29,2009 3:49 PM
To: Mraz, Richard A. (ECY)
Subject: Fwd: Shoreline&Grading permit review status
Did you get a copy of this?
>>>Allan Borden 12/23/2009 12:03 PM >>>
Mike Griffith:
When I talked to you on Monday Dec. 21,2009,I told you that I needed
to talk with other department staff about the revisions made to your
proposal. On Tues. Dec.22, 2009 in the mid-afternoon,I discussed the
791 NE Dewatto Beach Rd. project with Debbera Coker[plans review]and
Barbara Adkins[Department Co-Director]. The Department concludes that
the 2009 permit revisions are significant enough to require the review
of a new Shoreline Permit[SDP and CUP]and the revision of the
construction and grading permits recently issued to you and being held
by a Stop Work order. This morning I prepared a letter(now in PDF)
that is attached that will provide you with the summary and conclusion
of the discussions that took place on Tuesday Dec. 22, 2009.
Allan Borden
Planner-Long Range&Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext. 365
(12/23/2009) Barbara Adkins-Shoreline & Grading permit review status Page 1
From: Allan Borden
To: Michael Griffith
Date: 12/23/2009 12:03 PM
Subject: Shoreline &Grading permit review status
Attachments: Griffith dec 23 2009 letter.pdf
Mike Griffith:
When I talked to you on Monday Dec.21, 2009,I told you that I needed to talk with other department staff about the revisions
made to your proposal. On Tues. Dec. 22, 2009 in the mid-aftemoon,I discussed the 791 NE Dewatto Beach Rd. project with
Debbera Coker[plans review]and Barbara Adkins[Department Co-Director]. The Department concludes that the 2009 permit
revisions are significant enough to require the review of a new Shoreline Permit[SDP and CUP]and the revision of the construction
and grading permits recently issued to you and being held by a Stop Work order. This morning I prepared a letter(now in PDF)
that is attached that will provide you with the summary and conclusion of the discussions that took place on Tuesday Dec.22,
2009.
Allan Borden
Planner- Long Range&Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext.365
�(1 1�2009) Barbara Adkins-Your project at 791 NE Dewatto Beach Dr. Page 1
From: Allan Borden
To: Michael Griffith
Date: 12/21/2009 1:46 PM
Subject: Your project at 791 NE Dewatto Beach Dr.
Attachments: Griffith dec 212009 letter .pdf
Michael Griffith:
I have attached to this message a letter in PDF that is being mailed to you regarding the driveway and supporting walls proposed at
this property. I have explained in the letter that the scope of the proposal has changed following the new survey of the county road
and that in order to continue with your proposal,you must re-apply for the shoreline permit review using the current plans,support
design,and information. I wanted you to have this letter read(via the PDF)prior to us discussing the topics. I have an
appointment out of office from 2:00 to 3:30 pm today and I will be back in the office to discuss by phone later today if you wish.
Sincerely
Allan Borden
Planner-Long Range&Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext.365
0 Co MASON COUNTY
Shelton (360)427-9670
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
>85f
December 21, 2009
Michael Griffith
21326NE161"
Woodinville WA 98077
RE: Proposal Reviewed by SHR2008-00012, BLD2007-00906 and GRD2007-0012.
Dear Mr. Griffith:
This letter is regarding the proposed driveway and bank stabilization wall at 791 NE
Dewatto Beach Dr. that was reviewed and approved by Mason County SHR2008-00012
and the affirming decision of the State Hearings Board SHB2008-031. With newly
submitted information and design, the plans and scope of your proposed work adjacent
to the face of the sandy bluff has changed from the time of the approval of these permit
reviews. A new survey of the county road easement, called for at the end of the State
Hearings Board review, has increased that county road easement width from 30 feet (as
indicated during permit review) to 40 feet (as provided by Griffith's engineer in early
December 2009), making the easement head into the bluff area an additional 10 feet.
With this shift of the easement into the bluff, the proposed driveway and supporting
walls must be shifted and the proposed excavation and embankment volume increased
to accommodate the driveway configuration.
The November 2009 revised site plan and structural drawings provided by the engineer
show the new right-of way width of 40 feet but a different type wall supporting the
driveway and bank (no longer stacked blocks in the shoreline permit plans, but now
walls with geotextile materials for support in the building permit plans of November
2009). The geotextile supported structure needs excavation of 20+ feet into the bank,
placement of the geotextile material, and refilling of excavated soils to provide support.
The Building Department has expressed their concerns that the November 2009 plans
were not sent to them or evaluated for building code compliance. Their concerns focus
on the changes in the amount of excavation and need for changes in the proposed walls
that result from moving the proposal 10 feet into the sandy bank and out of the wider
county road easement.
With this type of change in project plans, Mason County DCD Planning concludes that
the previously approved 2008 SHR permit was revised beyond the ten percent threshold
that may be considered under Mason County Code 15.09.055.h(2) and Washington
State WAC 173-27-100, Shoreline management permit and enforcement procedures.
That Title 15 code section reads: "(2) If said revision is determined to be outside the
Griffith Dec 212009 letter.doc
scope and intent of the original permit, a new and complete permit application shall be
made in compliance with the act and this program."
In regard to these issues of project revision, if you wish to continue with the project
proposal as submitted with the survey and site plan / design drawings of November
2009, you must reapply to Mason County Department of Community Development for
the Shoreline Substantial Development and Conditional Use Permits. To remain
consistent, the resubmitted application shall include the same information provided to
address the Building mg Department concerns for this proposal. The properapplication
materials and reviews must be submitted to the Department of Community Development
and state agencies by January 20, 2010.
An additional concern observed at the 791 NE Dewatto Beach Dr. site is the work done
during the Dec. 8 to 10, 2009 period along and in front of the bulkhead and shoreline
bank alignment on the north side of the county road. The Department observed the
relocation of existing rock waterward onto the beach at the west of the low bulkhead
and the east end along the unprotected bank; and the placement of additional quarry
spalls placed next to the relocated rock. This unpermitted work is a violation of the
Shoreline Master Program. This work must be removed and the site returned to its
configuration that was present prior to December 10, 2009, or the proper application
materials and reviews for the work must be submitted to the Department of Community
Development and state agencies. The due date of action for either of these efforts is
January 20, 2010.
These concerns require your immediate attention to establish the proper review of your
proposed driveway and support walls and to address the unpermitted work along the
shoreline next to 791 NE Dewatto Beach Dr. To address questions on this matter, you
may contact me in the Department of Community Development in person or by
telephone (360) 427-9670 extension 365.
Sincerely,
Allan Borden
Senior Planner
Griffith Dec 212009 letter.doc
(12/18/2009) Barbara Adkins- RE: ERTS 616954-Dewatto Drive-dumping rocks into canal Page 1
From: Allan Borden
To: Richard A. (ECY) Mraz
Date: 12/18/2009 11:51 AM
Subject: RE: ERTS 616954-Dewatto Drive-dumping rocks into canal
Attachments: dewatto beach rd. oct 19 2009 0O2.jpg; dewatto beach driveway 12 10 2009
OO9.jpg; dewatto beach driveway 12 10 2009 OO1.jpg; dewatto beach drivew
ay 12 10 2009 0O2.jpg; dewatto beach driveway 12 10 2009 003.jpg; dewat
to beach driveway 12 10 2009 O04.jpg; dewatto beach driveway 12 10 2009
O05.jpg; dewatto beach driveway 12 10 2009 O06.jpg; dewatto beach drivew
ay 12 10 2009 0O7.jpg; dewatto beach driveway 12 10 2009 OO8.jpg; dewat
to beach rd. oct 19 2009 0O1.jpg
Rick:
RE: Griffith driveway construction and bulkhead work along Dewatto Beach Rd.
As I mentioned by phone,the proposed driveway on the face of the sandy bluff changed from the time of the approval of Mason
County SHR2008-00012 and the affirming decision of the Hearings Board SHB2008-031. A new survey of the county road
easement increased that easement width from 30 feet(during permit review)to 40 feet(as provided by Griffith's engineer),making
the easement head into the bluff area an additional 10 feet. The revised site plan and structural drawings show the new R/W width
and a different type wall supporting the driveway and bank(no longer stacked blocks,but now walls with geotextile materials for
support). The geotextile supported structure needs excavation of 20+feet into the bank,placement of the material,and refilling of
excavated soils to provide support.
With this type of change in project plans, Mason County DCD Planning would conclude that the 2008 SHR(previously approved)
was revised beyond the ten percent threshold that may be considered under WAC 173-27-100. I will discuss this with the DCD
Directors and send out a letter to Mr.Griffith requesting re-application for this proposal.
Regarding the work done along and in front of the bulkhead and shoreline bank alignment,the Department will notify Mr.Griffith of
the violations and to apply for proper review permits or remove the work done during the Dec.8 to 10,2009 period(relocation of
existing rock waterward and additional quarry spalls placed next to the relocated rock.
I have attached to this message the eleven photos that I have taken at the 791 Dewatto Beach Dr.site on October 19 and
December 10, 2009.
Allan Borden
Planner-Long Range&Site Inspection
P.O. Box 279, Shelton, WA 98584
(360)427-9670 ext.365
From: <mikemgriffith@comcast.net>
To: Debbera Coker <Dlc@co.mason.wa.us>
CC: <atahja@hctc.com>, ccushman <ccushman@geotechnicaltestinglab.com>, Michael
M Griffith <michael.m.griffith@boeing.com>, Doreen Milward
<dmilward@cushmanlaw.com>
Date: 12/16/2009 4 :25 PM
Subject: Re: Notice concerning building permits
Debbera , I see that Alan was cc'd on this email. Have you coordinated with
Curtiss ? I thought the permits were on hold because of the Road access permit
Not because of the all this?
I expect Alan and Curtiss will satisfy what is needed and necessary just as I
expect you to only ask for that as well.
Thank you for expediting this.
Through this disaster, that is when the real picture of working together is
seen. We all have a chance to show this heroic effort and it will be seen.
Thanks
Mike Griffith
----- Original Message -----
From: " Debbera Coker " < Dlc @co.mason. wa .us>
To: mikemgriffith @comcast.net
Cc: atahja @ hctc .com
Sent: Wednesday, December 16, 2009 11:33:16 AM GMT -08:00 US/Canada Pacific
Subject: Notice concerning building permits
Hello Mr. Griffith,
I have prepared a notice concerning the suspension of your permits attributed to
h property 1 7 1 NE D w The n it the p ope ty located at 9 e atto Beach Dr. e notice will be mailed
today and is necessary in order to properly notify you in accordance to Mason
County Code. We realize that you are taking all the necessary steps to resolve
this matter and as stated in the notice, we are committed to assisting where
able.
I have received requested plans from Mr. Tahja and have the following comments:
1) The road identified on Mr. Tahja's plans does not match the recorded survey.
2) Please provide a copy of the final geo-report.
3) I am still having difficulty identifying the height of the retaining wall
system throughout the length of the wall. Also how do you plan to support
slopes along the south edge of the driveway?
4) Please provide information concerning the proposed retaining wall system
including manufacturer specifications, details demonstrating how the Mirafi 180N
material will be anchored at the blocks and into the slope, identify drainage
and details showing how the system will be discharged to the approved discharge
receptacle.
5) Specify plans to verify that compaction meets or exceeds specifications.
What are specifications for compaction?
6) The original grading/land modification permit submitted on May 24, 2007
specified that the size of area affected is 15'xl25' with an estimated 620 cubic
yards. Please verify that the information is still correct.
7) Please verify that corrected land modification plans address all items listed
in the Mason County Grading Ordinance, Section 14 .44.090, 14 .44.100, and
14 .44 . 110. A link to the referenced code section is pasted below:
http :// www .co.mason. wa .us/code/commissioners/Tl4%20-
%20Title%2014%20%20BUILDINGS%20AND%2000NSTRUCTION. HTM
8) Mr. Tahja has indicated the special inspection schedule for the retaining
wall system as follows. Please verify that the schedule is complete taking into
account the information requested in this e-mail, i.e. compaction, etc.
Proposed special inspection schedule:
1) preparation for foundation blocks
2) inspect at 4-6 ft ht to verify fabric installation
3) at highest elevation of wall system and cut slopes being completed and
drainage features installed.
Will coordinate with Geologist Cushman The e-mail is attached to this case.
Debbera Coker
Mason County Building Department
Building Inspector IV/Code Enforcement
Phone: (360) 427-9670 ext 510
FAX: (360) 427-7798
e-Mail: dlc @co.mason. wa .us
PO Box 186
426 West Cedar Street
Shelton, WA 98584
(12/15/2009) Barbara Adkins -Appeals Process Parcel#32328-31-00130 Page 1
From: Mark Core
To: Monty Cobb
CC: Barbara Adkins; Debbera Coker
Date: 12/15/2009 4:24 PM
Subject: Appeals Process Parcel#32328-31-00130
Attachments: Mark Core.vcf
Monty,
I have a situation that may require your assistance/advice.
Two separate permits were issued by DCD, BLD2007-00906&GRD 2007-00012. They were for grading and the
installation of a retaining wall, both were needed to construct a driveway off of Dewatto Beach Dr.
Last Friday, 12-11-09,after receiving a complaint and conducting some investigations,we discovered two things:
1.) The plans did not show the County"Right of Way"going completely across the face(water side)of the property. This
new finding requires the applicant to apply for and obtain a road access permit, RAP,from public works prior to approval of
the BLD/GRD permits. The RAP has not been obtained.
2.) The applied for plans required a variance for a zero line setback from the county ROW to the retaining wall structure.
The variance process required the applicant to get the property surveyed. This survey discovered not only did the ROW
continue across the parcel but the ROW width was 40'and not 30'as shown on the applicants plans. The planning
department required applicant to submit revised plans to match the 40'wide ROW but the information did not make it to the
building dept.so the approved plans still reflected a 30'ROW that did not go completely across the parcel. The plan
revisions did not get reviewed by our plans examiner and therefore are not approved.
In light of this investigation and new found information I had staff contact the applicant and inform them we were taking the
issued status off the permit.
Since then we received a file for appeal on both permits, HEX 2009-00035. This was filed by attorneys representing Earl
Iddings.
Now..my questions, Is this appeal valid because it is for the permits"issued"and since the new information revealed on
12-11-09 forced us to change the status of the permits,the permits are no longer"issued". Our records in Tidemark now
show REC,for received and PEN for pending.
Sorry so long winded but I thought it needed somewhat of an explanation.
I can get you the file for review if needed.
Thank you,
Mark Core
Permit Center Manager/Building Official
Co-Manager, DCD
Mason County
P.O. Box 186
Shelton,WA.98584
(360)427-9670 Ext.357
The information transmitted is intended only for the person or entity to which it was originally addressed and may contain
confidential and/or privileged material.Any review, retransmission,dissemination or other use of,or taking of any action in
reliance upon,this information by persons or entities other than the intended recipient is prohibited. If you received this in
error, please contact the sender and delete the material from any computer.
(12/15/2009) Barbara Adkins-Griffith design calculations Page 1
From: Debbera Coker
To: atahja@hctc.com
CC: Adkins, Barbara; Core, Mark; mikemgriffith@comcast.net
Date: 12/14/2009 4:15 PM
Subject: Griffith design calculations
Attachments: Coker, Debbera.vcf
Hi Allan,
We have received the design calculations for the Griffith wall system. The design calculations demonstrate that you have
evaluated the anticipated loading for soils and driveway. Unfortunately the building department did not receive plan changes
that apparently took place while Mr.Griffith was working with planning. Consequently the plans issued with the building
permit may not represent the intended construction plan for the retaining wall system and land modification. We need to
review all materials related to the projects. It appears that we have received a portion of the proposed project dated
November 2009 from Allan Borden but do not believe it is a complete set, a set that includes construction details,and
engineered reports supporting the latest design. The approved plans do need to be changed to reflect the most current
version. I would appreciate if you could make arrangements to provide a hard copy of final drawing and design
specifications for the retaining wall and land modification permits.
In addition based upon the extent of the retaining wall system periodic inspections shall be required in order to verify proper
installation of the drainage system,compaction of materials,and construction of the wall system. Have you made
arrangements with Mr.Griffith to perform the special inspections? Can you provide us with a schedule?
Thank you for helping Mr.Griffith solve the plan problem. It appears that there may be a discrepancy with the survey and the
information provided in your documents. Based upon the survey a road access permit shall be required.
Debbera Coker
Mason County Building Department
Building Inspector IV/Code Enforcement
Phone: (360)427-9670 ext 510
FAX: (360)427-7798
e-Mail:dlc@co.mason.wa.us
PO Box 186
426 West Cedar Street
Shelton,WA 98584
(,12/ /41 1�'�)09) Barbara Adkins- FW: Dewatto Driveway/Grading Plan Page 1
From: "Alan" <atahja@hctc.com>
To: <Dic@co.mason.wa.us>
CC: "'Barbara Adkins"' <BarbarA@co.mason.wa.us>
Date: 12/14/2009 12:08 PM
Subject: FW: Dewatto Driveway/Grading Plan
Attachments: Requested Wall Analysis Printout 12-14-09.doc
Debbera, this message came back to me as un-deliverable ???? Hope this one
gets through.. I'm sending a copy to Barbara Atkins as well in case I have
the wrong email address for you.
From: Alan [mailto:atahja@hctc.com]
Sent: Monday, December 14, 2009 12:02 PM
To: 'Dic@co.mason.wa.us'
Cc: 'Griffith, Michael M'; 'Sidney G. Bechtolt Jr.'
Subject: Dewatto Driveway/Grading Plan
Debbera,
From the emails I've received from Griffith it seems obvious that you have a
copy of the latest revised drawings (11/25/09)which only differ from
earlier versions in the right of way width. My drawings indicate a small
separation between the proposed driveway work and the County right of way.
If Mr. Giffith's approval allows for a zero setback between the driveway and
the County right of way, the precise location is a survey activity and
doesn't change my design or work.
The 6 page plan set provides the geometric information you requested
regarding wall heights which climb from near zero to approximately 20 feet
at the east end of the work where the driveway turns straight into the top
of the hill through a shallow cut.
Attached please find a printout of the stability analysis of the ecology
block wall design I modeled in October of 2007. The attached file reflects
the wall design elements provided for the Shoreline Hearings Board and which
are included in the latest wall design plan sheets.
The modeling includes a phreatic surface to account for saturated soil
conditions, soil properties based on the backfill's reinforcing geosynthetic
fabric, and is modeled with a seismic acceleration greater than the County
currently requires in slope stability calculations. I've discussed this
model with Keith Stewart of CLOVER INDUSTRIES, the program's (GALENA
(12/14/2009) Barbara Adkins- FW: Dewatto Driveway/Grading Plan Page 2
Stability Analysis program) author, who concurred with my modeling approach
and use of his program.
My initial work was based on information provided to me by Mr. Griffith
which led me to believe the County's easement stopped short of Griiffith's
westerly property line. County Road Access Permits (RAPs) typically are not
required when property access is off of a private easement. Public Works
(Rick Brush or Bruce Chamblin) I believe will support this claim.
Please let me know if additional information is needed from me, or if you
need my information in a hard copy format.
Alan A. Tahja, P.E.
PO Box 235
Hoodsport, WA 98548
(360) 877-9512
III
TAHJA ENGINEERING, Inc.
PO Box 235,Hoodsport, WA 98548
(360) 877-9512
Griffith-Dewatto Driveway Static Stability Analysis
GALENA vww ao1
70
60
50 ` P.aPa=ed Ga.a..�y
Moo asoo
Gnvdly Sandy L-
40
Ecology Black WJl
Phmu.Surf
30 .___ -...-. __S_ _,____._.__._________._________-__
20 Analysis: 1
Dx tt,BeachD; Multiple Stability Analysis
Method. Bishop Simplified
- Surlaca: Circular
Flood CuW
10
Results
Critical(minimum)
Factor of Safety: 1.59
0 10 20 30 40 50 60 70 80 90
En'tes:14 Dec 2 G Processes:14 Dec 20�
Pfoiect. Griffith-Dewatto Site Wall Analysis
Static ---
EJL CA1=UME-1\OwneAMYDOCU-11Projects\Grlff MSTABIL-1Unimal Wall Dzn Model W-Loads.gmt Tahja Engineering,Inc.
Galena 5.01 Analysis Results Licensee: Tahja Engineering, Inc.
DATA: Analysis 1 - Static
Material Properties (3 materials) -------------------
Material: 1 (Mohr-Coulomb Cu increases with depth) - Gravelly Sandy Loam
Cohesion Phi PI UnitWeight Ru
400.00 36.0 0 126.00 1.10
Material: 2 (Mohr-Coulomb Isotropic) - Concrete E-Blocks
Cohesion Phi UnitWeight Ru
4000.00 40.0 150.00 1.10
Material: 3 (Mohr-Coulomb Isotropic) - GSL
Cohesion Phi UnitWeight Ru
200.00 37.0 126.00 1.10
Water Properties ----------------
Unit weight of water: 62.400 Unit weight of water/medium above ground: 62.400
Material Profiles (3 profiles) -----------------
Profile: 1 (13 points) Material beneath: 1 - Gravelly Sandy Loam
0.00 60.00 10.00 58.00 30.00 54.00
36.50 39.00 38.50 40.00
49.50 40.00 53.50 13.50 55.50 13.88
56.00 14.50 57.50 14.00
61.00 16.00 77.00 16.00 90.00 16.00
Profile: 2 (5 points) Material within: 2 - Concrete E-Blocks
49.50 40.00 53.50 14.00 55.50 14 .33
51.50 40.33 49.50 40.00
Profile: 3 (2 points) Material beneath: 3 - GSL
0.00 65.00 90.00 65.00
File: C:IPrqjectslGriffitkWallAnalysis 1 of4 12/14/2009
TAHJA ENGINEERING, Inc.
PO Box 235,Hoodsport, WA 98548
(360) 877-9512
Slope Surface (13 points) -------------
0.00 60.00 10.00 58.00 30.00 54.00
36.50 39.00 39.50 40.00
49.50 40.00 51.50 40.30 55.50 16.00
57.50 14.00 61.00 16.00
77.00 16.00 81.00 10.00 92.00 8.00
Phreatic Surface (2 points) ---------- 0.00 30.00 90.00 30.00
Failure Surface ---------------
Initial circular surface for critical search defined by: XL,XR,R
Intersects: XL: 29.30 YL: 54.14 XR: 56.00 YR:
15.50
Centre: XC: 56.65 YC: 44.49 Radius: R: 29.00
External Forces (2 forces) ---------------
Force Force X-Pos'n Angle
1 8500.0 41.00 270.0
2 8500.0 48.00 270.0
Variable Restraints
-------------------
Parameter descriptor: XL XR R
Range of variation: 30.00 20.00 27.00
Trial positions within range: 12 12 12
-----------------------------------------------------------------------------
RESULTS: Analysis 1 - Static
Bishop Simplified Method of Analysis - Circular Failure Surface
Critical Failure Circle Search using Multiple Circle Generation Techniques
Factor of Safety for initial failure circle approximation: 2.30
There were: 499 successful analyses from a total of 1729 trial circles
1230 analyses terminated due to unacceptable geometry
Critical (minimum) Factor of Safety: 1.59
Circle and Results Summary (Lowest 10 Factor of Safety circles)
--------------------------
Circle X-Centre Y-Centre X-Left Y-Left X-Right Y-Right
Radius FoS
1 80.04 50.25 38.85 39.78 56.91 14.59
42.50 1.595
2 77.88 48.70 38.85 39.78 56. 91 14.59
40.05 1.611
3 75.71 47.14 38.85 39.78 56. 91 14.59
37.59 1.617
4 73.50 45.56 38.85 39.78 56.91 14.59
35.14 1.627
5 71.26 43.95 38.85 39.78 56.91 14.59
32.68 1.641
6 68.97 42.31 38.85 39.78 56.91 14.59
30.23 1.650
7 79.04 53.60 38.85 39.78 55.09 18.49
42.50 1.656
8 76.97 52.02 38.85 39.78 55.09 18.49
40.05 1.658
9 74.89 50.44 38.85 39.78 55.09 18.49
37.59 1.663
10 70.67 47.21 38.85 39.78 55.09 18.49
32.68 1.664
File:C:IProjecislGrij�thl Wall Analysis 2 of 12/14/2009
TAHJA ENGINEERING, Inc.
PO Box 235, Hoodsport, WA 98548
(360) 877-9512
Griffith-Dewatto Driveway Dynamic Stability Analysis
GALENA v..mr.sm
�o
80
50 Propowd Dri.cwry
G-Ily SWy Lour
40
it
Eoolov BI-k WWI
1
Phmmk Suf y
30
4
Y0 Analysis: 1
D-na e..e Dd- Multiple Stability Analysis
Method: Bishop Simplified
Surface: Circular
Flood CuW
10
Results
Critical(minimum)
Factor of Safety, 1.35
0 10 20 30 40 5o so 70 a0 90
Ed '14 Dw0 Pmc. 1 c--a
Proied, Grfffith-Dewatto Site Wall Analysis
Dynamic
EAL C:IDOCUME-11Owner\AYDOCU-11ProjectslGffdh\STABIL-11Minimal Wall Dzn Model 3D W-Loads.gmt I Tahja Engineering,inc.
Galena 5.01 Analysis Results Licensee: Tahja Engineering, Inc.
DATA: Analysis 1 - Dynamic
Material Properties (3 materials) -------------------
Material: 1 (Mohr-Coulomb Cu increases with depth) - Gravelly Sandy Loam
Cohesion Phi PI UnitWeight Ru
400.00 36.0 0 126.00 1.10
Material: 2 (Mohr-Coulomb Isotropic) - Concrete E-Blocks
Cohesion Phi UnitWeight Ru
4000.00 40.0 150.00 1.10
Material: 3 (Mohr-Coulomb Isotropic) - GSL
Cohesion Phi UnitWeight Ru
200.00 37.0 126.00 1.10
Water Properties ----------------
Unit weight of water: 62.400 Unit weight of water/medium above ground: 62.400
Material Profiles (3 profiles) -----------------
Profile: 1 (13 points) Material beneath: 1 - Gravelly Sandy Loam
0.00 60.00 10.00 58.00 30.00 54.00
36.50 39.00 38.50 40.00
49.50 40.00 53.50 13.50 55.50 13.88
56.00 14.50 57.50 14.00
61.00 16.00 77.00 16.00 90.00 16.00
Profile: 2 (5 points) Material within: 2 - Concrete E-Blocks
49.50 40.00 53.50 14.00 55.50 14 .33
51.50 40.33 49.50 40.00
Profile: 3 (2 points) Material beneath: 3 - GSL
0.00 65.00 90.00 65.00
File:C:IProjectAGrifr1&Wall Analysis 3 of 4 12/14/2009
(12/15/2009) Barbara Adkins - Re: Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must cease urtdgerbai
From: <mikemgriffith@comcast.net>
To: Debbera Coker<Dlc@co.mason.wa.us>
CC: Barbara Adkins <BarbarA@co.mason.wa.us>, Mark Core <CoreM@co.mason.wa.us...
Date: 12/13/2009 10:00 PM
Subject: Re: Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must
cease until a road access permit is obtained.
Debbera
WOW!!!!! This is unbelievable........ after our conversation Friday afternoon and the latter email (you said
there was no stop work and IF there was it would come from Mark), I cannot believe you guys are doing
this to me by email and late on Friday afternoon on top of it .what if I didn't open my email? Luckly I did.
Is this the way you guys roll/standard operating procedure????? .....You told me that Mark Core is the guy
for stop work decisions so are you now saying you have authority to do that? I guess you have been given
that authority from Mark? I see that you have cc'd him. I don't understand? Sorry, but now I questioning
everything. I am getting such mixed signals(the run around). I know you are just doing your job but what
about me?This has been a 3 plus year journey to get here and Now this????As you may notice I am very
FRUSTRATED. Try putting yourself in my shoes.
I think Iddings has called nearly everyone in the state and they all said "why are we here"after they got
there. Why after you know that this guy has an agenda against me, would you do this? Does he have
more clout down there than anybody is willing to admit to. I think he knows the system well and is using
anyone in it for his personal reasons( deny me a driveway/bully me out of my property so he can develop
it. Oh, by way he owns Dewatto Bay Development and has bought up Dan Sproffuske's and Donna
morgan's). It's almost like I need his approval as well. I have been put though HELL and now you guys
are doing this.... I guess this explains why I had to go to the Hearing Examiner in the first place(Kell
recommended not to grant me my permits) and then when the hearing examiner granted me them,
Iddings appealed. Then Kell McAboy testified for Iddings..... against me, Dept of Ecology and Mason
County in the Shoreline Hearing Board proceedings and yet Mason County didn't even come to the 4 day
hearing. Mason county sent Kell to testify against me but Mason county didn't contribute anything to my
case even though it was Iddings vs Dept of Ecology, Mason Co. and Griffith. Just to refresh your
memory, the SHB AFFIRMED my permits.
Have you or any of the people that made this decision been out to the site? If you were to go, you would
see the Dewatto Beach Dr ENDs on MY property(EAST of MY Property's west boundary line). MY
driveway design, as shown on Allen T design, shows quite clearly that the driveway is not coming off the
Dewatto beach drive road and if you go to the site you could see that. This isn't a new design feature. It's
been that way since Allen T got involved after my original attempt to get a road access permit in 2006
which was cancelled due to my personal design being inadequate. That is when I hired Allen. It's never
been an issue as this was recognized early on that the driveway was NOT coming off the road (the dwg
shows the end of the roadwith relation to the driveway). The issue (kell required )was that I get a survey
because of the zero setback variance ( granted by Hearing Examiner). Allen's dwg changes (the one you
say that you never seen but was in the permit that was given to me last week) reflected the change in the
right of way dimension that came out from the survey. I thought public works issued the road access
permit?Were they in the meeting?They have seen that my driveway design does come off the road.
(12/15/2009) Barbara Adkins- Re: Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must cease urfrt6gerdal(
Look, I have been very cooperative with all this so far. I have never done anything out of line. Never tried
to hide, backdoor, or deceive anyone. I have full filled every thing. I received and paid for my permits
(which include the most recent dwgs that you say you didn't receive). I have contractors on site, blocks on
their way, 10's of thousands of dollars tied up. And for you guys to Stop work me for a $25 Road access
permit that is not even needed is ridiculous. You got to know that WE need to resolve this and I am
thankful that you are encouraging your staff to work with me/MY TEAM to make sure that my project run
smoothly as possible.
My team will be addressing these issues.
Mike Griffith
PS, I want to remind you that the design was reviewed by Alki Eng ,(from your request). From that review,
Allen made changes to their satisfaction and then it was approved.
-----Original Message-----
From: "Debbera Coker' <Dlc@co.mason.wa.us>
To: mikemgriffith@comcast.net
Cc: "Barbara Adkins" <BarbarA@co.mason.wa.us>, "Mark Core" <CoreM@co.mason.wa.us>
Sent: Friday, December 11, 2009 2:26:29 PM GMT-08:00 US/Canada Pacific
Subject: Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must cease until a
road access permit is obtained.
Hello Mr. Griffith,
It has come to our attention that a road access permit shall be required in order to proceed with the
retaining wall and land modification permits. Our office has reviewed the survey recorded with Mason
County, AF# 1948874, and find that Dewatto Beach Drive extends the entire length of your property to the
corner. The plan information prepared by Alan Tahja is not consistent with the survey. Based upon the
recorded survey, a road access permit shall be required in order to proceed with the projects. The
building official, Mark Core, as requested that I inform you that work associated with the building permits
for the retaining wall system and land modification must be stopped until a valid road access permit can
be obtained or the road access problem resolved. If Mason County staff observe that work is performed
on the site a stop work notice shall be posted and our office will proceed with enforcement actions. You
are directed to contact Mason County Public Works at(360)427-9670 ext 450 to begin the process of
obtaining a road access permit.
During a meeting with planning staff on Thursday, December 10, 2009 information was provided to me
showing that the proposed building plans for the retaining wall permit(BLD2007-00906) and possibly the
plans for the land modification permit(GRD2007-00012) are different than the actual plans provided to the
planning dept. for approval. The plans that make up the approved plans for both permits reference May
2007. New information indicates changed plans dated 11/09, consistent with planning dept. approval, will
be used to construct the retaining wall system and perform land modification work. The changes have not
been reviewed and approved by the Mason County Building Department and are not part of the approved
building plans. In order to successfully pass an inspection by the Mason County Building Department the
correct approved plans must be on site. Please review the plans issued with the building permit and the
latest version of proposed construction to verify. Correct plans must be submitted to the building dept. for
review and approval.
(12/15/2009) Barbara Adkins- Re: Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must cease ufiiger8 l
During a review of the project I found that the following questions/comments need to be addressed in
order verify proper compliance so that your project can proceed without delay. Hopefully you or your
design professionals will be able to provide me with answers. They include as follows:
1) The information contained in our files does not include design calculations demonstrating that the
retaining wall system was designed to ensure stability against overturning, sliding, excessive foundation
pressure and water uplift and designed for a safety factor of 1.5 against lateral sliding and overturning. It
appears that the wall system will support a driveway used for vehicles to access the property on the hill
and that a water surcharge may affect the wall system. Please provide design calculations prepared in
accordance with accepted engineering practice that identify design criteria including applicable loads.
2) It is not clear what the height of the wall system will be throughout the length of the wall system. Please
identify proposed heights as designated by the engineer of record.
3) Special inspection reports shall be required from the engineer and geologist to verify that soil conditions
and work is performed in accordance to the geotechnical report as specified in the conditions of the
retaining wall and land modification permits. Please make sure that the reports are delivered to the
Mason County Building Dept., PO Box 186, Shelton, WA 98584, via fax at(360)427-7798, or via e-mail to
me at dlc@co.mason.wa.us. Please acknowledge your intent.
4) In addition to the special inspection reports prepared by the geologist and engineer concerning soil
conditions our office will also require that inspections be performed by the engineer of record to confirm
that the retaining wall system is constructed in accordance to approved design. Inspection reports,
prepared in accordance to Chapter 17 of the International Building Code, shall be submitted to the Mason
County Building Dept. prior the final inspection of the wall system and as designated by the engineer of
record. Please acknowledge your intent.
A response to each comment/question is needed in order to verify proper compliance so that your projects
can proceed. Please provide written answers so that the information can be documented and placed with
the inspector files. We hope that you will be able to resolve the road access problem soon so that you
may resume construction activities. The Mason County building department is committed to making sure
that life-safety is addressed and encourage staff to work with you to make sure that your projects run as
smoothly as possible.
Debbera Coker
Mason County Building Department
Building Inspector IV/Code Enforcement
Phone: (360)427-9670 ext 510
FAX: (360) 427-7798
e-Mail: dlc@co.mason.wa.us
PO Box 186
426 West Cedar Street
Shelton, WA 98584
(12/15/2009) Barbara Adkins - Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must cease until aRa 2
Debbera Coker
Mason County Building Department
Building Inspector IV/Code Enforcement
Phone: (360)427-9670 ext 510
FAX: (360)427-7798
e-Mail: dlc@co.mason.wa.us
PO Box 186
426 West Cedar Street
Shelton,WA 98584
(12/15/2009) Barbara Adkins- Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must cease until aR99d lice
From: Debbera Coker
To: mikemgriffith@comcast.net
CC: Adkins, Barbara; Core, Mark
Date: 12/11/2009 2:26 PM
Subject: Building permit REQUIRES a ROAD ACCESS PERMIT, work on projects must cease
until a road access permit is obtained.
Attachments: Coker, Debbera.vcf
Hello Mr.Griffith,
It has come to our attention that a road access permit shall be required in order to proceed with the retaining wall and land
modification permits. Our office has reviewed the survey recorded with Mason County,AF#1948874,and find that Dewatto
Beach Drive extends the entire length of your property to the corner. The plan information prepared by Alan Tahja is not
consistent with the survey. Based upon the recorded survey,a road access permit shall be required in order to proceed with
the projects. The building official, Mark Core,as requested that I inform you that work associated with the building
permits for the retaining wall system and land modification must be stopped until a valid road access permit can be
obtained or the road access problem resolved. If Mason County staff observe that work is performed on the site a stop
work notice shall be posted and our office will proceed with enforcement actions.You are directed to contact Mason County
Public Works at(360)427-9670 ext 450 to begin the process of obtaining a road access permit.
During a meeting with planning staff on Thursday, December 10,2009 information was provided to me showing that the
proposed building plans for the retaining wall permit(BLD2007-00906)and possibly the plans for the land modification
permit(GRD2007-00012)are different than the actual plans provided to the planning dept.for approval. The plans that
make up the approved plans for both permits reference May 2007. New information indicates changed plans dated 11/09,
consistent with planning dept.approval,will be used to construct the retaining wall system and perform land modification
work. The changes have not been reviewed and approved by the Mason County Building Department and are not part of the
approved building plans. In order to successfully pass an inspection by the Mason County Building Department the correct
approved plans must be on site. Please review the plans issued with the building permit and the latest version of proposed
construction to verify. Correct plans must be submitted to the building dept.for review and approval.
During a review of the project I found that the following questions/comments need to be addressed in order verify proper
compliance so that your project can proceed without delay. Hopefully you or your design professionals will be able to
provide me with answers. They include as follows:
1)The information contained in our files does not include design calculations demonstrating that the retaining wall system
was designed to ensure stability against overturning,sliding,excessive foundation pressure and water uplift and designed
for a safety factor of 1.5 against lateral sliding and overturning. It appears that the wall system will support a driveway used
for vehicles to access the property on the hill and that a water surcharge may affect the wall system. Please provide design
calculations prepared in accordance with accepted engineering practice that identify design criteria including applicable
loads.
2) It is not clear what the height of the wall system will be throughout the length of the wall system. Please identify proposed
heights as designated by the engineer of record.
3)Special inspection reports shall be required from the engineer and geologist to verify that soil conditions and work is
performed in accordance to the geotechnical report as specified in the conditions of the retaining wall and land modification
permits. Please make sure that the reports are delivered to the Mason County Building Dept., PO Box 186,Shelton,WA
98584,via fax at(360)427-7798,or via e-mail to me at dlc(a-bco.mason.wa.us. Please acknowledge your intent.
4) In addition to the special inspection reports prepared by the geologist and engineer concerning soil conditions our office
will also require that inspections be performed by the engineer of record to confirm that the retaining wall system is
constructed in accordance to approved design. Inspection reports, prepared in accordance to Chapter 17 of the
International Building Code,shall be submitted to the Mason County Building Dept. prior the final inspection of the wall
system and as designated by the engineer of record. Please acknowledge your intent.
A response to each comment/question is needed in order to verify proper compliance so that your projects can proceed.
Please provide written answers so that the information can be documented and placed with the inspector files. We hope
that you will be able to resolve the road access problem soon so that you may resume construction activities. The Mason
County building department is committed to making sure that life-safety is addressed and encourage staff to work with you to
make sure that your projects run as smoothly as possible.