HomeMy WebLinkAboutExcavating through Wetlands - GRD Letters / Memos - 6/1/2016 STATE o�
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY O
PO Box 47775 • Olympia, Washington 98504-7775 • (360) 407-6300
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June 14, 2016 �'�1 speeti
661
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Brian A. Spilman
6901 NE Tahuya-Blacksmith Rd.
Belfair, WA 98528-8778
Re: Unauthorized wetland fill at: 6901 NE Tahuya-Blacksmith Rd.
Belfair, WA 98528-8778; Mason County parcel # 223047690201
Dear Mr. Spilman:
The Department of Ecology recently received a report describing activities performed on your
property 6901 NE Tahuya-Blacksmith Road, Belfair, WA 98528-8778; Mason County parcel #
223047690201. Specifically, wetlands that were subject to prior enforcement actions by Mason
County in 2003 and 2008 have had new fill placed in them.
As a result of the above information, the Department of Ecology (Ecology) has reason to believe
that: (1) Turbid water is discharging into wetlands, which are waters of the state; and, (2)
Wetlands, which are waters of the state, have been filled. If any of these activities occurred or
are occurring on your site, they are in violation of Chapter 90.48 Revised Code of Washington
(RCW), which says that any person who violates the provisions of Chapter 90.48.080 RCW shall
be liable for a penalty of up to ten thousand dollars ($10,000)per violation for each day of
continuing noncompliance.
Chapter 90.48 RCW (the State Water Pollution Control Act)provides that activities shall not be
undertaken within waters of the state unless they are consistent with the policy of that Chapter,
and within the guidelines and rules established under that law. Filling in wetlands, and turbid-
water discharge into waters of the state shall not be undertaken without first obtaining a permit
from the government entity having administrative jurisdiction under this chapter.
This letter is primarily intended to gather the information necessary to determine whether or not
a violation has occurred. Through this letter, we are providing you an opportunity to present
your view of this matter. Please cease and desist any filling of wetlands and provide the
following information within thirty days from the receipt of this letter. We will consider your
responses in our decision as to whether or how to proceed with further action on this matter.
m CIO
Brian A. Spilman
June 14,2016
Page 2
l. As-built sketch of the work in wetlands;
2. Who did the work, and those persons' contact information (ix., name, address,
telephone);
3. Date the activities occurred;
4. Purpose of the wetlands work;
5. How you propose to stop turbid-water discharge into wetlands; and,
6. A sketch of additional works you may be considering.
Please mail the information to:
Rick Mraz
SEA Program— S WRO
PO Box 47775
Olympia, WA 98504-7775
Upon receipt of this report, Ecology shall determine its response in light of the facts and
applicable law, and shall notify you by certified mail. Any questions or correspondence
regarding this letter should be directed to me (360) 407-6221.
S' ce
Rick Mraz, P S
Shorelands andVetlands Spe alist
Shorelands and Enviro ental Assistance Program
By Certified Mail 7014 0150 0000 9188 6916
cc: Joshua Benton, Washington Department of Fish& Wildlife
Kelly McAboy, Mason County Department of Community Development
Dave Martin, U.S. Army Corps of Engineers
Page 1 of 4
Kelly McAboy- RE: Wetland Compliance/ Mason County
From: Rebecca Hersha
To: Edward Donahue
Date: 5/27/2016 3:20 PM
Subject: RE: Wetland Compliance/ Mason County
CC: Kelly McAboy; Richard A. (ECY) Mraz
Hi Ed,
I'm sorry, but not surprised, to hear about your frustration with Mason County's lack
of enforcement. We are definitely in need of an enforcement officer (or two) as well as additional
Planners. I will pass along your concern to our new Director, David Windom. And you of course are
always free to communicate your concerns to a County Commissioner, however I would try speaking
with David first.
If a report was received, we should have created an enforcement case for it. Could you provide the
parcel number or address? If so, I will look to see if it was entered by Mason County as a complaint
and if anything investigation was performed. If nothing has been even entered in our database, I will
make sure that happens. The Planner assigned to that area has a very large workload, but once I
know the location, I will provide the information to her in the hopes that she has time to stop by the
site in the near future.
Sincerely,
Rebecca Hersha, Planner
Mason County Community Services Department
615 W Alder St.
Shelton, WA 98584
360-427-9670 ext. 287
From: "Mraz, Richard A. (ECY)" <rmra461@ECY.WA.GOV>
To: Edward Donahue <fishproed@gmail.com>
CC: Rebecca Hersha <RebeccaH@co.mason.wa.us>, "Benton, Joshua (DFW)"
<Joshua.Benton @dfw.wa.gov>
Date: 5/27/2016 1:15 PM
Subject: RE: Wetland Compliance/ Mason County
Ok, thanks.
From: Edward Donahue [mailto:fishproed@gmail.com]
Sent: Friday, May 27, 2016 1:14 PM
To: Mraz, Richard A. (ECY)<rmra461@ECY.WA.GOV>
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/574865C2Masonmai110013567... 6/1/2016
Page 2 of.4 '
Cc: Rebecca Hersha <RebeccaH@co.mason.wa.us>; Benton,Joshua (DFW) <Joshua.Benton @dfw.wa.gov>
Subject: RE: Wetland Compliance/ Mason County
Approximately one year ago, actually appears to be two barrier structures across the intermittent
inlet tributary.
On May 27, 2016 1:10 PM, "Mraz, Richard A. (ECY)" <rmra461 @ecy.wa. og_v>wrote:
Ed,
Thanks for the reply and additional information about the site and landowner.
You note that the dam is visible on Google Earth. When was it constructed?
Rick
From: Ed Donahue [mailto:fishproed(i�gmail.com]
Sent: Friday, May 27,2016 12:50 PM
To: Mraz, Richard A. (ECY) <rmra46l@ECY.WA.GOV>
Subject: RE: Wetland Compliance/Mason County
Hi Rick,
I will check with the Association on who in MC they contacted.
Situation was brought to MC attention,more than once,resulting in no follow up.
Tree harvest noted was only on one sizable old growth Fir on the stream bank, in the wetland,
could be more.
The dam is visible on Google Earth, along with the excavation through the wetlands. The
landowner has not coordinated any of above to my knowledge. In fact, it is apparent that MC
might honestly"fear"checking out the property, leaving it a low priority. One must visualize the
setting to appreciate this possibility. We do know the MC Sheriff would not visit(on a past
complaint)without two deputies,with other manpower demands higher priority, only one
available....no follow up. (their statement).
Bottom line is that the environmental concerns for the lake are a paramount concern to the
residences,who do pay significant tax revenue to MC, and we are now asking for help from the
State, or Federal Government to remedy the situation.
Thank you for your help, is much appreciated.
Ed
From: Mraz, Richard A. (ECY) [mailto:rmra461@ECY.WA.GOV1
Sent: Friday, May 27, 2016 12:19 PM
To: fishproed@gmail.com
Cc: Mock, Dana (ECY); Benton, Joshua (DFW); Rebecca Hersha
Subject: RE: Wetland Compliance/ Mason County
Hi Ed,
Most of the activities that you describe(excavating, allowing unauthorized camping, equipment
storage) are regulated only by Mason County. However, if the timber harvest exceeds 5,000
board feet then the cutting would trigger a requirement for a Forest Practice permit from
Washington Department of Natural Resources. Do you think that many trees have been cut?
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/574865 C2Masonmail 10013 567... 6/1/2016
Page 3 of 4
The dam construction that you describe is regulated by Washington Department of Fish and
Wildlife (WDFW)and Mason County. If the dam was allowed,which seems doubtful to me, it
would require permitting from those agencies. I've cc'd the WDFW Habitat Biologist for
Mason County by way of introduction.
Who did you contact at Mason County?
Rick Mraz,PWS
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
(360 80Z 1-0024 - cell
rmra461@egy.wa.gov
From: Mock, Dana(ECY)
Sent: Thursday, May 26, 2016 6:21 AM
To: Mraz, Richard A. (ECY)<rmra461aa.ECY.WA.GOV>
Subject: Fwd: Wetland Compliance/Mason County
Good morning Rick,
See email below. Any ideas on the best contact for Ed?Or would you be willing to give him a
call to find out more?
Thanks,
Dana
i
i
Begin forwarded message:
From: Edward Donahue <fishproed@gmail.com>
Date: May 25,2016 at 8:57:35 PM PDT
To: "dana.mockaecy.wa.gov" <dana.mockna.ecywa.gov_>
Subject: Wetland Compliance/Mason County
Dana,
Sorry if this is not the proper direction for asking for help.
Mason County has not responded to our homeowners concerns about a property
owner who has been excavating,cutting timber and allowing unauthorized camping,
equipment storage and has actually placed a low level dam across the tributary
leading to Ericson Lake. Other issues are also involve which are not wetland issues
but are public saftey concerns. Water quality in Lake Ericson is pristine, and we all
wish to keep it that way.
I am not on the homeowners board, but they would gladly meet with someone who
could help, and I would be involved as we have had a cabin on the lake for over 32
years.
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/574865C2Masonmail l 0013567... 6/1/2016
Page 4 of '
t� A
Just trying to get something going before it is too late, so if you could please
forward to the proper contact, and provide a contact number, I would provide more
detail.
Thank you,
Ed Donahue, PE (Washington)
360-710-6741
Sent from Mail for Windows 10
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/574865C2Masonmail10013567... 6/1/2016
Page 1 of 4
Kelly McAboy- Fwd: RE: Wetland Compliance/ Mason County
From: Rebecca Hersha
To: Ariane Paysse; Melissa Drewry
Date: 5/31/2016 12:12 PM
Subject: Fwd: RE: Wetland Compliance/ Mason County
CC: Kelly McAboy
Hi Melissa or Ariane. Please create an ENF case.
Potential Violation Site/Owner:
Parcel 223047690201
Owner Name: SPILMAN, BRIAN A
Situs and mailing: 6901 NE TAHUYA-BLACKSMITH RD, BELFAIR WA 98528-8778
Reporting Party:
Ed Donahue, PE (Washington)
360-710-6741
fishproed@gmail.com
Complaint received on 5/31/2016 by RDH:
Excavating through wetlands; cutting an old growth tree on the streambank; allowing unauthorized
camping, equipment storage; and has actually placed a low level dam across the tributary leading
to Ericson Lake (approximately one year ago).
Note from reporting party: Do not visit the property alone. We do know the MC Sheriff would not
visit (on a past complaint) without two deputies, with other manpower demands higher priority, only
one available....no follow up.
Thank you.
-Rebecca
From: "Mraz, Richard A. (ECY)" <rmra461@ECY.WA.GOV>
To: Edward Donahue <fishproed@gmaiLcom>
CC: Rebecca Hersha <RebeccaH@co.mason.wa.us>, "Benton, Joshua (DFW)"
<Joshua.Benton @dfw.wa.gov>
Date: 5/27/2016 1:15 PM
Subject: RE: Wetland Compliance/ Mason County
Ok, thanks.
From: Edward Donahue [mailto:fishproed@gmail.com]
Sent: Friday, May 27, 2016 1:14 PM
To: Mraz, Richard A. (ECY) <rmra461@ECY.WA.GOV>
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/574D7FBAMasonmail 1001356... 6/1/2016
Page 2 of 4 '
Cc: Rebecca Hersha <RebeccaH@co.mason.wa.us>; Benton,Joshua (DFW)<Joshua.Benton @dfw.wa.gov>
Subject: RE: Wetland Compliance/ Mason County
Approximately one year ago, actually appears to be two barrier structures across the intermittent
inlet tributary.
On May 27, 2016 1:10 PM, "Mraz, Richard A. (ECY)" <rmra461 gecy.wa. og_v>wrote:
Ed,
Thanks for the reply and additional information about the site and landowner.
You note that the dam is visible on Google Earth. When was it constructed?
Rick
From: Ed Donahue [mailto:fishproed@jzmail.com]
Sent: Friday, May 27,2016 12:50 PM
To: Mraz,Richard A. (ECY) <rmra461(a.ECY.WA.GOV>
Subject: RE: Wetland Compliance/Mason County
Hi Rick,
I will check with the Association on who in MC they contacted.
Situation was brought to MC attention, more than once,resulting in no follow up.
Tree harvest noted was only on one sizable old growth Fir on the stream bank, in the wetland,
could be more.
The dam is visible on Google Earth, along with the excavation through the wetlands. The
landowner has not coordinated any of above to my knowledge. In fact,it is apparent that MC
might honestly"fear"checking out the property, leaving it a low priority. One must visualize the
setting to appreciate this possibility. We do know the MC Sheriff would not visit(on a past
complaint)without two deputies, with other manpower demands higher priority, only one
available....no follow up. (their statement).
Bottom line is that the environmental concerns for the lake are a paramount concern to the
residences,who do pay significant tax revenue to MC,and we are now asking for help from the
State, or Federal Government to remedy the situation.
Thank you for your help, is much appreciated.
Ed
From: Mraz, Richard A. (ECY) [mailto:rmra461@ECY.WA.G0V]
Sent: Friday, May 27, 2016 12:19 PM
To: fishproed@clmail.com
Cc: Mock, Dana (ECY); Benton, Joshua (DFW); Rebecca Hersha
Subject: RE: Wetland Compliance/ Mason County
Hi Ed,
Most of the activities that you describe (excavating, allowing unauthorized camping, equipment
storage) are regulated only by Mason County. However, if the timber harvest exceeds 5,000
board feet then the cutting would trigger a requirement for a Forest Practice permit from
Washington Department of Natural Resources. Do you think that many trees have been cut?
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/574D7FBAMasonmai11001356... 6/1/2016
Page 3 of 4
,M
The dam construction that you describe is regulated by Washington Department of Fish and
Wildlife (WDFW) and Mason County. If the dam was allowed, which seems doubtful to me, it
would require permitting from those agencies. I've cc'd the WDFW Habitat Biologist for
Mason County by way of introduction.
Who did you contact at Mason County?
Rick Mraz,PWS
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
(360)801-0024 - cell
rmra461@ecy.wa.gov
From: Mock, Dana(ECY)
Sent: Thursday, May 26, 2016 6:21 AM
To: Mraz, Richard A. (ECY)<rmra46l(i,ECY.WA.GOV>
Subject: Fwd: Wetland Compliance/Mason County
Good morning Rick,
See email below. Any ideas on the best contact for Ed?Or would you be willing to give him a
call to find out more?
Thanks,
Dana
Begin forwarded message:
From: Edward Donahue<fishproed mail.com>
Date: May 25, 2016 at 8:57:35 PM PDT
To: "dana.mock@ecy.wa.gov" <dana.mockQecy.wa.gov>
Subject: Wetland Compliance/Mason County
Dana,
Sorry if this is not the proper direction for asking for help.
Mason County has not responded to our homeowners concerns about a property
owner who has been excavating,cutting timber and allowing unauthorized camping,
equipment storage and has actually placed a low level dam across the tributary
leading to Ericson Lake. Other issues are also involve which are not wetland issues
but are public saftey concerns. Water quality in Lake Ericson is pristine, and we all
wish to keep it that way.
I am not on the homeowners board, but they would gladly meet with someone who
could help, and I would be involved as we have had a cabin on the lake for over 32
years.
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/574D7FBAMasonmai11001356... 6/1/2016
Page 4 of '
Just trying to get something going before it is too late, so if you could please
forward to the proper contact, and provide a contact number, I would provide more
detail.
Thank you,
Ed Donahue, PE( Washington)
360-710-6741
Sent from Mail for Windows 10
file:///C:/Users/kmcaboy/AppData/Local/Temp/XPgrpwise/5 74D7FBAMasonmai110013 56... 6/1/2016
Page 1 of 1
• � G�oS-ems
Kelly McAboy - Follow-up to August 31st site visit. t .2 Z 30 Lt — 6(0 26 l
From: "Mraz, Richard A. (ECY)" <rmra461@ECY.WA.GOV>
To: Brian Spilman<spilbillies@gmail.com>
Date: 9/7/2016 10:24 AM
Subject: Follow-up to August 31st site visit.
CC: Kelly McAboy <KMCAboy@co.mason.wa.us>, "Benton, Joshua (DFW)" <Joshua.Be...
Hello Brian,
I write to follow up on the results of my August 31, 2016 site visit to your property at 6901 NE Tahuya-
Blacksmith Rd, Belfair. The purpose of the visit was to investigate whether recent clearing or grading
had occurred in wetlands or streams onsite.
As we discussed,there is a north-south trending wetland swale that bisects your property. This wetland
transitions into a more defined channel (stream)offsite before entering Erickson Lake. Based on my
observations, no work had been done within the wetland or below the ordinary high water mark of any
water body on your property. However, it did appear that recent grading had occurred near to the
wetland.
Wetland(and stream) buffers are regulated by Mason County through its Resource Ordinance (weblink:
http://www.co.mason.wa.us/code/Community Dev/resource ord_june_2009.pdfl. The size of the
buffer is based on the category of wetland.
It is unclear(tome)what wetland category applies to the wetland on your property. Thus, it is unclear
what buffer applies to any new development onsite. In the future, please consult with Mason County
should you plan to conduct any new construction or ground disturbing activities on your property
(including removal of dead trees in the wetland).
Thank you for letting me visit your property.
Rick Mraz,PWS
Wetlands/Shorelands Specialist
Shorelands and Environmental
Assistance Program
Southwest Regional Office
(360)407-6221
(360)810-0024 - cell
rinra461@ecy.wa.gov
file:///C:/Users/kmcaboy/AppData/Local/Temp/YPgrpwise/57CFEAC7Masonmail10013 56... 9/7/2016