HomeMy WebLinkAboutGRD Letters / Memos - 4/15/2002 MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Permit Processing/Inspections/Addressing
Mason County Bldg. III 426 W.Cedar
P.O.Box 186 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
April 15, 2002
Elva R. James
3201 Pine Rd NE#340
Bremerton, WA 98310
and
Elva R. James
25601 NE State Route 3
Belfair, WA 98528
RE; Violation of Mason County Code, Title 14
Chapter 14.44: Excavation and Grading
Dear Ms. James,
On March 18, 2002, our office received a complaint regarding non-permitted
excavation of a stormwater ditch and improper discharge of stormwater. The location of
the violation is on Parcel No.: 12321-14-00020 situated within Mason County and
according to Mason County Assessor records, is owned by you. The drainage diversion
not only negatively affects the parcel where it is discharging which is not owned by you,
but also impacts Log Yard Rd NE during heavy rain events.
The owner of the parcel affected has informed Mason County that no agreement
had been made with you or any representative that allows for this type of activity to be
occurring.
Pursuant to Mason County Code, Chapter 14.44, Section 14.44.040 of which a
copy is enclosed: "Whenever the official determines that any existing excavation or
embankment or fill on private property has become a hazard to life and limb, or
endangers property, or adversely affects the safety, use or stability of a public way or
drainage channel, the owner of the property upon which the excavation or fill is located,
or other person or agent in control of the property, upon receipt of notice in writing from
the official, shall within the period specified therein repair or eliminiate such excavation
or embankment so as to eliminate the hazard and be in conformance with the
requirements of this chapter".
1
Please review the enclosed copy of Title 14.44: Excavation and Grading and
make the necessary arrangements to submit to this office NO LATER THAN MAY 12,
2002,a Land Modification Permit(Grading Permit)that includes the grading plan with
erosion and sediment control measures and a permanent stormwater runoff control plan.
All submittals shall comply with Mason County Title 14.44 and shall not negatively
impact adjacent properties. Any damage claims that the adjacent parcel owner who is
presently being affected has will be referred as a civil matter. It is imperative that
compliance is obtained immediately. In the event that submittal of the requested
information is not made on or by May 12, 2002, further enforcement action against you,
as allowed for by law, will commence.
If you feel you have received this Notice of Violation in error or that the contents
are inaccurate, please contact Larry Waters at(360)427-9670 ext 285 or myself at
(360)427-9670 ext 356 immediately to discuss your concerns.
Si el ,
i ff
Building Inspec r/Code Enforcement
Cc: Property File
Darren Nienaber,Deputy Prosecuting Attorney
Kristin French,Planner III/Code Enforcement
Dave Overton, Overton and Associates,PO Box 2453, Olympia, WA 98507
2
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MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Permit Processing/Inspections/Addressing
Mason County Bldg.III 426 W.Cedar
P.O.Box 186 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
June 27, 2002
John James
N 271 Eagle Creek Rd
Lilliwaup, WA 98555
RE: ENF2002-00073 Drainage complaint
Dear Mr. James,
Thank you for your response dated April 24, 2002 to my letter of April 15.
Since receiving your reply, we have been researching the parcel records you
mentioned to gather information pertaining to the drainage issues and would like
the opportunity to further discuss the concerns with you.
I would like to arrange for a meeting, preferably on a Tuesday or
Thursday, and prior to July 26, 2002 to include yourself as agent for Elva James,
Alan Tahja, Mason County Hydraulic Engineer; and Larry Waters, Building
Department Lead. Please contact me at (360)427-9670 ext 356 to discuss
setting the time and date after you have had the chance to check your calendar.
Please keep in mind that it may take up to a week from the date you contact me
to coordinate schedules.
I look forward to hearing from you and thank you for your cooperation in
this matter.
Sincer ��`
t
ami i
Building Inspec or/Code Enforcement
Cc; Property File
Page No. 1 CASE HISTORY FOR CASE NO.: ENF95-0022
CONTINENTAL WHLS FLORISTS
NE25491 STATE ROUTE 3 BELFAIR
04/05/95
Action Description Req/ Schd/ End/ Action Notes Disp By Update Upd
Code Sent Done Done Date By
------- ------------------------------ -------- -------- -------- --------------------------------------- ---- --- -------- ---
ENFA010 Complaint received / / / / 12/16/94 01/30/95 TLG
ENFA012 Routed for Investigation / / / / 12/29/94 IT APPEARS WATER HAS ALWAYS FLOWED THROW DONE LW 04/05/95 LAW
THIS PROPERTY BUT IS NOW PONDING HERE
BECAUSE THE NEIGHBOR ON THE BELFAIR SIDE
HAS CONSTRUCTED A BERM OBSTRUCTING THE
NATURAL FLOW OF WATER.
ENFB002 Site investigation 04/04/95 04/05/95 04/05/95 A DITCH WAS CUT THROUGHT HE BERM BETWEEN DONE LW 04/05/95 LAW
THE PROPERTIES ALLOWING WATER TO FLOW
THROUGH.
ENFB002 Site investigation 12/29/94 12/29/94 12/29/94 It appears water has always flowed DONE LW 04/05/95 TLG
through this property but is now ponding
on adjacent property due to berm
constructed by Continental.
ENFC004 Complaint Resolved / / / / 04/05/95 Drainage provided for -hole in berm DONE TLG 04/05/95 TLG
.E INVESTIGATION REPORTFORM (� n >
Revised 6/3/93 1
' ti7
4Part A: Nature of Complaint
• Initiator's Name: /t L l�(�?G 0
• Addre h' Y' I`�:. �?II +�-I -I�;."` i'C, - —_
Telephone: l
• Owner Name: — a
Address:
•Telephone: 'I1' (�
• Department of Concern r11 is�
Q
❑ Clerical U Building ❑)Health ❑ Comm Development ❑ Fire,
• Area of Concern:
❑ Process Delay ❑ Personnel ❑ Policy/Fee (—I erode Violation �1 Other
Refer to Director
• Location of Concern:
mvk
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• Nature of
Concern: 1A G
;;•yam � s�.
aA
B: Concern Intake and 11 Re err
n. Received By:
.AW Referred To: - F Response Date
.�
Name Date. Name Date Date
Part C Findings T
Referral Forwarded to: ag = ❑N/A �'
Name ! Date
Findinbs: t e
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MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Permit Processing/Inspections/Addressing
Mason County Bldg. III 426 W.Cedar
P.O.Box 186 Shelton,WA 98584
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
July 24, 2002
John James
N 271 Eagle Creek Rd
Lilliwaup, WA 98555
And
David Overton
Overton and Associates
PO Box 2453
Olympia, WA 98507
RE: Stormwater issues
Dear Gentlemen,
Thank you for the opportunity to meet and discuss the current concerns
regarding the stormwater issues that affect your adjoining properties. Although
there was some confusion regarding the attendees of the meeting, it appears as
though it actually worked in everyone's favor.
To recap the discussion as I have noted it, I offer the following:
❑ A stormwater plan was approved by MCPW in approximately 1996 that
addressed the runoff from the property known as the Pad n Lock,
located in Kitsap County. The plan was reviewed and inspected.
Sometime later, an inspection was done of ditching on the James and
Overton properties, that MCPW believed was incidental to the original
.plan and had the property owners permission.
❑ In 3/2002, the ktuilding department received a complaint regarding the
ditching and-discovered that no Land Modification or Grading Permits
were issued. Subsequently, we obtained information that the grading
was believed to have been included in the previously approved
stormwater plan.
o As a result of our meeting on 7/23/02, the building department agreed
to the following: If both parties, Overton and James, are in
concurrence and agree, the ditching and discharge from the ditch
could be incorporated into a proposed stormwater plan presently being
� x
designed by Overton for the large lot subdivision. If this does occur
and MCPW reviews, approves and inspects the facilities, then the
building department will waive the requirement for after the fact land
modification/grading permits from both parties for the grading of the
ditch/trench. It was explained to both parties that even though the
work was not performed by them, as the owners of the property, they
are the liable party for permitting purposes. This agreement by the
Building Department and both of you is contingent on submittal of the
Stormwater Plan to Alan Tahja of Mason County Public Works. A date
of August 6, 2002 was set to establish a prelimiriary submittal date.
If agreement and submittal is not made, then after-the-fact
Grading/Land Modification Permits will need to be submitted by both
parties.
If either of you should have any additional questions, please feel
free to contact myself at (360)427-9670 ext 356 or Larry Waters at
(360)427-9670 ext 285.
Wmi
Building Inspector/Code Enforcement
Cc:
Alan Tahjal, RWHydraulics Engineers
Darren Nienaber, Deputy Prosecuting Attorney
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Permit Processing/Inspections/Addressing
Mason County Bldg.III 426 W.Cedar
P.O.Box 186 Shelton,WA 985M
(360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
April 15, 2002
Elva R. James
3201 Pine Rd NE#340
Bremerton, WA 98310
and
Elva R. James
25601 NE State Route 3
Belfair, WA 98528
RE; Violation of Mason County Code, Title 14
Chapter 14.44: Excavation and Grading
Dear Ms. James,
On March 18, 2002, our office received a complaint regarding non-permitted
excavation of a stormwater ditch and improper discharge of stormwater. The location of
the violation is on Parcel No.: 12321-14-00020 situated within Mason County and
according to Mason County Assessor records, is owned by you. The drainage diversion
not only negatively affects the parcel where it is discharging which is not owned by you,
but also impacts Log Yard Rd NE during heavy rain events.
The owner of the parcel affected has informed Mason County that no agreement
had been made with you or any representative that allows for this type of activity to be
occurring.
Pursuant to Mason County Code, Chapter 14.44, Section 14.44.040 of which a
copy is enclosed: "Whenever the official determines that any existing excavation or
embankment or fill on private property has become a hazard to life and limb, or
endangers property, or adversely affects the safety, use or stability of a public way or
drainage channel,the owner of the property upon which the excavation or fill is located,
or other person or agent in control of the property, upon receipt of notice in writing from
the official, shall within the period specified therein repair or eliminiate such excavation
or embankment so as to eliminate the hazard and be in conformance with the
requirements of this chapter".
l
r ti.
Please review the enclosed copy of Title 14.44: Excavation and Grading and
make the necessary arrangements to submit to this office NO LATER THAN MAY 12,
2002, a Land Modification Permit(Grading Permit)that includes the grading plan with
erosion and sediment control measures and a permanent stormwater runoff control plan.
All submittals shall comply with Mason County Title 14.44 and shall not negatively
impact adjacent properties. Any damage claims that the adjacent parcel owner who is
presently being affected has will be referred as a civil matter. It is imperative that
compliance is obtained immediately. In the event that submittal of the requested
information is not made on or by May 12, 2002, further enforcement action against you,
as allowed for by law, will commence.
If you feel you have received this Notice of Violation in error or that the contents
are inaccurate, please contact Larry Waters at(360)427-9670 ext 285 or myself at
(360)427-9670 ext 356 immediately to discuss your concerns.
Si el ,
i ff
Building Inspec r/Code Enforcement
Cc: Property File
Darren Nienaber,Deputy Prosecuting Attorney
Kristin French,Planner III/Code Enforcement
Dave Overton,Overton and Associates,PO Box 2453, Olympia, WA 98507
2
MASON COUNTY
DEPARTMENT of GENERAL SERVICES
Mason County Bldg,III 426 W.Cedar
P.O. Box 186 Shelton,Washington 98584
(360)427-9670
BUILDING PARKS& RECREATION FAIR/CONVENTION CENTER ADMINISTRATION
January 31 , 1995
Continental Wholesale Florist, Et Al
C/O Brad & Angela Schauer
PO Box 429
Belfair, WA 98528
RE: Natural Drainage Path Diversion
Dear Mr, Schauer,
Our office recently began receiving complaints regarding the ponding of
surface water on adjacent property which previously had a natural drainage
course which alleviated the ponding.- The natural drainage course appears to
have been disturbed by the placement/construction of a burm at or near the
common property line of the two parcels. Further information indicates that the
burm was constructed without application for a Land Modification Permit as
required by Chapter 70 of the Uniform Building Code and as adopted by Mason
County Ordinance No. 138-92.
Provisions in Section 7004 of Chapter 70 state: Whenever the building
official determines that any existing excavation or embankment or fill on private
property has become a hazard to life and limb, or endangers property, or
adversely affects the safety, use of or stability of a public way or drainage
channel the owner of the property upon which the excavation or fill is located,
or other Derson or agent in control of said property, upon receipt of notice in
writing from the building official shall within the period specified therein repair
or eliminate such excavation or embankment so as to eliminate the hazard and
be in conformance with the requirements of this code.
Apparently the grading work and burm was created during the
construction of the dry storage warehouse building which was permitted last
summer. The burm did not become an issue until it was evident that the
natural drainage course had been disturbed and ponding occurred in December
of 1994.
Page 1 of 2
At this time, we will request that you make the necessary provisions to
allow for the natural drainage path to be returned to its original state or provide
for the drainage of the ponding in a manner consistent with the requirements
of Chapter 70, so that the owner of the adjacent parcel may continue to use
his property in the manner which existed prior to the construction of the burm
and blockage of the drainage path.
I have included a copy of the Chapter 70 requirements. If a compromise
regarding the drainage issue cannot be achieved prior to February 28, 1995
then I must request that you submit for an after the fact Land Modification
permit with the necessary engineering specifications and alterations to retain
the burm to also be submitted.
If I can provide you with any further information or can be of assistance
in any way, please feel free to contact-me at (360_427-9670 ext 356, Monday
through Friday between the hours of 9:OOam-5:OOpm.
Sincere y,
ami Griffey
Building Inspector
cc: Property File
Mike Byrne, Building Official
Mike Clift, Deputy Prosecuting Attorney
Page 2 of 2
12/94 Complaint regarding blocking/obstruction of natural drainage path
and is ponding on wrecking yard
4/95 Complaint resolved drainage flow restored in cooperation of
Continental Floral
12/23/96 Ordinance 141-96 Mason County Grading Progr�m Ordinance.
Known as Chapter 33 at time of adoption and now known gas Title 14.44 of
Mason County Code.
3/02 Complaint regarding discharge onto adjacent parcel (Overton)
4/02 Information received that stormwater plan was approved by County
in or about 1996
Confirmed stormwater plan was reviewed by the County with Alan Tahja
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Apri124, 2002,
Mason County, Washington
Department of Community Development
P.O. Box 186
Shelton, Washington
Attn: Tammy Griffey
In response to your letter to Elva James, dated 4/15/2002,please consider the chain of events and
conditions outlined as follows:
In 1994, Continental Floral constructed a ditch on our southwesterly property line and a berm on
their side of the ditch, consequently blocking the natural drainage from our property. Later that,
winter during a winter storm event,we were flooded to nearly three feet. Our renter contacted
Continental Floral and ask them to open the drainage. Their response was"contact our Texas
Office". He did,they said this was a local mater. They did not want to work with us, therefor I
contacted Mason County Stormwater. Mason County then performed a field inspection and
informed me Continental Floral agreed to open the natural drainage and we needed to"get along
with our neighbors". A minimal effort was put forth by Continental Floral, however, with the
improvements and regrading on their site the drainage never performed as it historically had.
With some relocating of our inventory and activities we endured.
In 1996 we were contacted by Mr. Jim Roundtree of A & R Ventures(now Pad n Lock) of
Belfair asking us if he could drain across our land. I told Mr. Roundtree we could not accept any
more runoff as we were beyond our capacity. He and his engineers did some field studies, came
back to me saying he could not only solve his problem but improve our runoff problems. I then
called Mason County Stonmwater. They said what Mr. Roundtree was doing was satisfactory.
Therefor we entered an agreement with Mr. Roundtree to accept his proposal. Continental Floral
allowed him to discharge our runoff onto them more to the northwest and into the same dranage
as it historically had. The ditch extension Mr. Roundtree constructed actually runs uphill and it
appears to me we discharge less and store more. His solution did not help us any, however it is
no worse.
Although this work was done on our property, it was not performed by us and with the full
knowledge of Mason County. Our discharge is still onto Continental Floral and in the same
natural drainage swale. Please advise me further.
Si e ly,
J hn J es
271 agle Creek Road
illiwaup, WA 98555
GARY YANDO,DIRECTOR
yON.STgTFO
c A U H DEPARTMENT OF COMMUNITY DEVELOPMENT
= PLANNING -SOLID WASTE - UTILITIES
N Y y BLDG. I . 411 N. 5";ST. • P.O. BOX 578
SHELTON,WA 98584 • (360)427-9670
1864
February 2 , 1996
Ron Perkerewicz
Planning Director
Kitsap County Planning Department
614 Division Street
MS 36
Port Orchard, Wa . 98366
Dear Mr. Perkerewicz :
I am taking this opportunity to contact you regarding a proposed
project in Kitsap County referred to the Roundtree Business Park.
As I understand it the Kitsap County Planning Department has this
proposal on hold until a satisfactory destination for the site' s
runoff can be found. I appreciate this effort .
However, it has been brought to my attention, by our Hydraulic
Engineer, that Kitsap County is willing to allow Mr. Roundtree' s
discharge to be delivered to an unnatural destination if
permission is procured from the receiving property owners . One
of the receiving properties is the site of an automobile wrecking
yard, which is already generating complaints regarding their
runoff from their neighbor Northwest Floral Cascade .
IFthe natural discharge destination from Roundtree property can
be confirmed to be towards Mason County, the downstream erosion
control discharge delivery rates would help remedy the present
stormwater flooding occurring on the wrecking yard site . If the
normal runoff path from the Roundtree property is towards Kitsap
County, receiving it into Mason County could only aggravate the
condition, and should not be allowed.
I respectfully request that you keep us abreast of this projects
progress .
If you have any questions, please call me at (360) 427-9670 .
Sinc ely,
Gary J. a o
Director of Community Development
cc: Jeff Sharp
Map Ltd.
RecvCded
GARY YANDO,DIRECTOR
S7A
k. M o 7 DEPARTMENT OF COMMUNITY DEVELOPMENT
,° s N N
? PLANNING - SOLID WASTE- UTILITIES
i N y y BLDG. I • 411 N. 5TH ST. • P.O. BOX 578
�° SHELTON,WA 98584 • (360) 427-9670
1864
August 20, 1996
Jim Roundtree
Marquis Development
P .O. Box 1646
Pt . Orchard, Wa. 98366
Subject : Roundtree Business Park Stormwater Review
Dear Mr. Roundtree:
You will find enclosed a copy of Mason County' s Operation and
Maintenance Covenant form being used to satisfy Ecology
requirements for maintenance and operation of, privately owned and
maintained stormwater control facilities . You need to complete
the O&M Covenant form, have your signature notarized, record the
notarized instrument with the Mason County Auditor' s Office, and
orded document to the Mason County
deliver a copy of the rec
or monitoring and administration.
Public Works Department f
This document is the result of Mr. Allan Tahja' s review ofEisses .
the
Permanent Water Quality Control Plan designed by
Mr. MarkMr. Tahja is the Mason County Public Works Departments Hydraulic
Engineer. He feels that the Plan conforms to the Puget Sound
Water Quality Authority Downstream Erosion Control Standards for
discharge rates, provides for retention of the water quality
design storm, and meets Mason County standards normally applied
to commercial development where retention is either riot practical
or feasible.
Please take the steps necessary to the complete the enclosed
document .
If you have any questions, please call Allan at (360) 427-9670,
X461 .
Sin rWy ,l
1
Gary
Director of DCD
CC: Allan Tahja
Bill Hunter