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Home My WebLink AboutIllegal Bulkheading and Landfilling - BLD Letters / Memos - 6/6/1991 9 MASON COUNTY cCVXU= No. DEPARTMEN T of Ge4ERAL SERVICES 'D: Mason County Slag III d26 W.Cedar P.O_ Sox 196 SIx#con, W: on 98584 (=6) 4Z7.9670 COMPLAINT INVESTIGATION REPORT _Na=e of Czcapia�nr: Landfilling into Erickson Lake. Illegal bulkheading. Local-_ori: NE of SW of Sec. 4, Twn 23N, R 2W. East and West side of Lake. (',c=1 ainr. John Bonf iglio (H) 876-9033 (W) 476-4028 Address: Tahuya_Blacksmith Rd. and Lake Ridge Dr. LtETATT S QF CCMFI,= Cat pushied fill down to lake shore. Apparent bulkheading. Approximately 7 lots. Violation of sec. 404 of Clean Water Act Lack of HPA, building, and grading permit Also would have attached SEPA. C �INr ET-cm7m BY: Toni Armstrong DETAILS CE TZIGA= Posted Stop Work at site East of Erickson Lake. Landfill appears to encroach up to 10 feet waterward of original bank line. West side of lake met by David Larson. Responsible for work along the lake. David Larson P.O. Box 1605 Belfair, WA 98528 Work took place around last week of May. CCMFLAIYr jNvE=CA= By: Steve Nichols DAM6-6-91 AC=CZi TAKEN. Meeting 9AM 6-11-91 w/ WDW & USACOE Ca-21= ACTION RAN= BY: i i i i i July 22, 1991 Wendy Coleman NE 2250 Tahuya-Blacksmith Rd. Tahuya, WA 98588 RE : Hydraulics Law violation on Erickson Lake, Tract A of space 1794 . at T23N , R2W, Sec 4 . Dear Ms. Coleman: On Tuesday June 11 , 1991 1 visited the above mentioned site with Steve Nichols from Mason County Planning. During this visit 1 observed violations to the Hydraulics Code of Washington RCW 75. 20. 100 on sev- eral pieces of property. Violations observed include filling, bulkhead construction, removal of downed trees from the water , and placement of logging debris into the water . In order to prevent further damage to the resources of the state and to repair damage which has already oc- curred , the following provisions must be implemented. 1 . All bulkheads must be removed and the bank restored to its natural. contour. 2 . The damaged banks need to be replanted with native vegetation. Aquatic vegetation along the areas where the bulkheads were placed needs to be replanted. 3 . Some of the downed woody material which was pushed into the water needs to be removed . The amount and location of material to be removed still needs to be determined. 4 . All fill material removed from behind the bulkheads needs to be placed above high water and seeded with grass and native vegetation to prevent erosion . 5. Several large trees along the water were suffocated with fill . These trees shall not be removed. The Hydraulics Code of Washington was made law to protect fish and fish habitat from uncontrolled destruction. The actions on Erickson Lake have destroyed near shore shallow water habitat as well as aquatic and terrestrial vegetation. Destruction of this habitat has the following effects. 1. . Juvenile fish lose hiding and feeding areas . The capacity of the lake to support fish diminishes . 2 . The vegetation which provides shade, cover , and a food source for Wendy Coleman July 22 , 1991, page 2 fish has been removed. 3. Some of the vegetation which processes nutrients coming into the lake is now gone . Loss of vegetation can cause the water quality of the lake to decrease and increased production of algae to process the excess nutrients . This increased algae growth can reduce dissolved Oxygen and further reduce the lakes ability to support fish life. In order to proceed as quickly as possible to resolve these issues, I need to know the name of the contractor or individual who did the work on your property. Please send the information attention to me to De- partment of Wildlife 905 E . Heron St . , Aberdeen, WA 98520. If you prefer you can call me at (206) 871-6076 with this information. Some of you whom I have already talked to have mentioned other possible violations on Erickson Lake . If you have information on other viola- tions please send me a letter include the location, name of land owner ( if known) , description of the violation, directions to get there, and when it occurred. Send this information attention to me at the above address . I have also enclosed a copy pamphlet which explains the Hydraulics Code and other laws regulating development around water . If you have any questions please call me . Sincerely , Stephan A . Kalinowski Habitat Biologist sak : enclosures cc: Dave Gufler, WDW Mike Johnson, Enforcement Division Steve Nichols, Mason County Planning Ed Cartmill , Property Owner Tom Rakish , Property Owner Ed Faulk , Property Owner Kenneth Harrington, Property Owner David Larson, Property Owner MASON COUNTY DEPARTMENT of GENERAL SERVICES Mason County Bldg. III 426 W.Cedar P.O. Box 186 Shelton, Washington 98584 (206) 427-9670 �?23 q0 I 0 building environmental health fire marshall parks & recreation fair/convention center planning July 29 , 1991 Wendy Coleman NE 2250 Tahuya-Blacksmith Rd. Tahuya, WA 98588 Subject: Illegal bulkhead and landfilling of Erickson Lake. Sec. 4, Twn 23N, R 2W. Erickson Lake, Lot 13-A. Dear Ms . Coleman: After a site inspection of the above property on June 11, 1991, I checked our records for applicable permits for the shoreline structures and filling activities. None were found. Construction or work near the wetted perimeter of a lake without a Hydraulic Project Approval from the Department of Wildlife is a violation of the Hydraulic Code (RCW 75 .20 . 100 and 75 .20 . 103) . This matter will be turned over to Stephan Kalinowski of the Department of Wildlife. Mason County requires at a minimum that construction of bulkheads have a building permit, as well as go through the SEPA review process. A site inspection on June 11, 1991 revealed that the existing bulkhead and fill are inconsistent with the State Environmental Policy Act, as well as Section 404 of the Clean Water Act; and thusly will need to be removed to avoid further enforcement proceedings . You will need to contact myself within five days of receipt of this letter. The following mitigation measures will be discussed at that time: * All log bulkheading shall be removed, the fill shall be properly pulled back from the OHWM of Erickson Lake, and the original bank restored to its original contour, as determined by this department ( . . . approximate 10 foot difference between original bank and bulkheaded bank) . This shall be completed by August 31, 1991 . * Exposed soil shall be re-vegetated with native plant species . The area within 15 feet of the OHWM of Erickson Lake shall receive enough tree and shrub plantings to retard erosion. The density of plantings in this area shall be no less than one plant per 25 square feet. This shall be completed by August 31, 1991 . I continued . . . * All fill material removed from behind the bulkhead needs to be placed above high water and seeded with grass and native vegetation to prevent erosion by August 31, 1991 . (Reminder: All work associated with the wetted perimeter of Erickson Lake requires prior Hydraulic Project approval from the Department of Wildlife. ) As soon as cooperation breaks down (i . e. deadlines are not met, structures are not removed, restoration measures not completed) then the case will be turned over to the prosecuting attorney' s office . At that time, the entire site will observe the work stoppage order. If you have any questions regarding the information provided; please feel free to contact this office at 427-9670 . Sincerely, Steve Nichols, shore it ne planner Department of General Services CC: Stephan Kalinowski, WDW SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete Items 3, and 4a & b. following services (for an extra • Print.)Lour name and address on the reverse o As form fee): ',that wWn return this card to you. .o Atta9L this form to the front of the mailpiece, or on the 1• ❑ Addressee's Address 'Pack if spaee does not permit. • Write "Return Receipt Requested" on the mailpiece next to 2. ❑ Restricted Delivery the article number. . Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number w fN1 CO( r 4b. Service Type ❑ Registered ❑ Insured JL N ❑ Certified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise 7. Date of Delivery 5. Signature (Addressee) 8. Addressee's Address(Only if requested and fee is paid) 6. Signature (Agent) PS Form 3 11, ctober 1990 *U.S.GPO:1990-273861 DOMESTIC RETURN RECEIPT 1 United States Postal Service I a Official Business lei PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here I I MASON COUNTY Department of General Services i P. 0. Box 186 I SHELTON,WASHINGTO 9050 I I I