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Home My WebLink AboutBulkhead at Lake Creating Additional Property - BLD Letters / Memos - 3/15/2018 MASON COUNTY RECEIVED COMMUNITY SERVICES MAR 2 6 2018 e�,9.��,4 Enwra,memu�xeaim.c�m�ry gym, 615 W. Alder Street VOLUNTARY CORRECTION AGREEMENT Case No.: ENF2016-00019 ENF2016-00020 PROPERTY OWNER/RESPONSIBLE PARTY: Name: Fite,Tina and Brian Mailing Address: 8410 182nd Ave E Bonney Lake, WA 98391 LOCATION OF VIOLATION(S): 51 NE Haven Lane Tahuya, WA 98588 Parcel#22330-50-00076 61 NE Haven Lane Tahuya, WA 98588 Parcel #22330-50-00075 DESCRIPTION OF VIOLATION(S): ])Built concrete bulkhead without proper permitting STATE LAW OR MASON COUNTY CODE(MCC)SECTION(S)IN VIOLATION: 1. Improper shoreline stabilization and placement(shoreline master program 17.50.340(B)) 2. No authorization to undertake use or development on shorelines of the state shall be granted by the County unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Master Act and this master program.The burden of proving that the proposed development is consistent with these criteria shall be on the applicant.(shoreline master program 17.50.400) ACTIONS REQUIRED TO CORRECT: 1. Apply for permits for new bulkhead: a. Shoreline Exemption (Mason County) Covered by the Joint Aquatic Resource Permit Application(JARPA). b. SEPA Checklist 2. Give approx. date of install DEADLINE TO RESPOND: June 30,2018 ACKNOWLEDGMENT: I, Tina Fite agree to voluntarily correct the violation(s) listed above according to corrective actions noted above. The County may enter the property and inspect the premises as Page 1 of 2 Voluntary Correction Agreement may be necessary to determine compliance with this Voluntary Correction Agreement. I understand that if I fail to meet the terms of this agreement, the County may enter the property, abate the violation(s) and recover all of its costs and expenses in accordance with MCC 15.13.060. I further understand that if the terms of this agreement are not met, the stipulated penalty of $250 per day will become due immediately and I agree to pay the amount upon demand. I further understand that, by entering into this agreement, I am admitting the above violation(s),and waiving my right to any future appeal before the Mason County Hearing Examiner regarding the matter of the violation(s),penalty and/or required corrective actions. I further understand that failure to make the required corrective action within the time indicated above or extended constitutes a misdemeanor punishable by a fine of up to $5,000 or imprisonment for up to ninety days,or both, for each day the violation(s)continue. Signed this - l Sday of March 2018. Signature(s)of property owner/responsible party State of Washington ) )ss County of Mason ) 1 certify that I know or have satisfactory evidence that�;r�Gt t�. is the person who appeared before me,and said person acknowledged that(he/she)signed this instrument and acknowledged it to be(his/her)free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (Sign—a-rure Notary Public in and for the State of BRANDON HAMBLIN Washington. Notary Public My appointment expires state of Washington My Appointment Expires Apr 27,2021 Signature of Code Compliance Officer Page 2 of 2 MASON COUNTY Community Development Code Enforcement W.Alder Street—Shelton, A • COMMUNITY SERVICES 615 Shelton:360-427 9670,Ext.3528584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 NOTICE OF VIOLATION ORDER TO CORRECT VIOLATION Li LJ Violation Order File: ENF2016-00019 The undersigned certifies and states that: Name of Owner: Fite,Tina and Brian Mailing Address: 8410182"d Ave E Bonney Lake,WA 98391 Location of Violation: 51 NE Haven Lane Tahuya,WA 98588 Parcel#22330-50-00076 DESCRIPTION OF VIOLATION(S): 1)Built concrete bulkhead and installed fill material water ward of Ordinary High Water Mark without proper permitting STATE LAW OR MASON COUNTY CODE(MCC)SECTION(S)IN VIOLATION: 1. Improper shoreline stabilization and placement (shoreline master program 17.50.340(B)) 2. No authorization to undertake use or development on shorelines of the state shall be granted by the County unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Master Act and this master program. The burden of proving that the proposed development is consistent with these criteria shall be on the applicant. (shoreline master program 17.50.400) ACTIONS REQUIRED TO CORRECT: 1. The shoreline shall be returned to its natural state and/or stabilized. See options below: a. Please be aware that soft shore stabilization is the preferred method versus "hard armoring". Soft shore stabilization can be achieved with biotechnical measures, such as, beach vegetative enhancement, gravel berming, coarse beach fill, etc. Soft shore stabilization requires the same permits as "hard armoring" stabilization (itemized below MASON COUNTY Community Development Code Enforcement COMMUNITY OMMT T� TI ram, SERVICES FE z TIC S 615 Shelton:W.Alder Street- 670,Ext.352 8584 1 U 11�r1 1■ 1 lY �-+-i j�V L-1 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 in detail), the only difference is that all of the associated permit fees are reduced by half of the cost. b. A new bulkhead using rockery or concrete is a bit more challenging in terms of providing proof that "hard armoring" is needed and would be preferred over soft shore armoring. The burden of proof is on the property owner and hired consultants, geotechnical engineer, and wetlands biologist to demonstrate how a hard armoring approach is better than soft shore stabilization, in terms of shoreline habitat value and function. Both the shoreline geotechnical assessment/report and habitat management plan will need to address this issue. In the event that hard armoring is proven to be environmentally feasible, any bulkhead structure shall be placed at or landward the ordinary high water mark, established in the field, with the proper permits in place. The County permits required for soft shore stabilization or "hard armoring" stabilization on properties containing an existing residence consist of the following: HMP, Shoreline Geotechnical Engineer Assessment/Report, SEPA, SHX (DARPA) and BLDG permit (no building permit for soft shore stabilization). State (HPA) and Federal permits could be required as well, please check with State and Federal agencies for requirements. Please be aware that if hard armoring is going to be pursued,the permits listed above will be at full price and that the shoreline geotechnical assessment shall specifically address the need for hard armoring, e.g. bulkhead, per the criteria outlined in the Shoreline Master Program (pages 113- 117). MASON COUNTY Community Development Code Enforcement W.Alder Street—Shelton, A • COMMUNITY SERVICES 615 Shelton:360-427 9670,Ext.35298584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 MONETARY PENALTY i 1 A monetary penalty will be assessed against you for each and every day, or portion thereof during which subsequent violations of Mason County Shoreline Master Program continue beyond March 15, 2018. The amount of the penalty per day, or portion thereof for each day the violation continues beyond March 15, 2017 accrues at the following rate: *** First violation: $250 per day or portion thereof Penalties cease to accrue only when the violation is corrected and the issuing compliance officer has certified compliance. Inspections must be completed to verify compliance and cease accrual of monetary penalties. PAYMENT OF PENALTY;APPEAL PROCESS;CONTINUED DUTY TO CORRECT You are required to correct the violation; or set up a Voluntary Correction Agreement with county staff; or pay the imposed civil penalty to the County Auditor if the violation is not corrected; or you may appeal this Notice and Order to the Mason County Hearing Examiner by filing a written notice of appeal with the County Clerk within 14 calendar days from the date of service of this Notice and Order. The appropriate appeal fee ($660.00) must accompany all appeals; refundable in the event the appellant prevails. MASON COUNTY Community Development Code Enforcement W.Alder Street—Shelton,• COMMUNITY SERVICES 615 Shelton: 9670,Ext'3528584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 SERVICE OF ORDER Date of Order: February 6, 2018 Method of Service: Certified/ Regular Mail Time of Order: 4 P.M. Signature of Compliance Officer: Stephen Scott Community Development Department MASON COUNTY Community Development Code Enforcement W.Alder Street—Shelton, • COMMUNITY SERVICES 615 helton:360-427-9670,Ext.528584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 NOTICE OF VIOLATION �� U ORDER TO CORRECT VIOLATION Violation Order File: ENF2016-00020 The undersigned certifies and states that: Name of Owner: Fite,Tina and Brian Mailing Address: 8410182"d Ave E Bonney Lake,WA 98391 Location of Violation: 61 NE Haven Lane Tahuya,WA 98588 Parcel#22330-50-00076 DESCRIPTION OF VIOLATION(S): 1)Built concrete bulkhead and installed fill material water ward of Ordinary High Water Mark without proper permitting STATE LAW OR MASON COUNTY CODE(MCC)SECTION(S)IN VIOLATION: 1. Improper shoreline stabilization and placement (shoreline master program 17.50.340(B)) 2. No authorization to undertake use or development on shorelines of the state shall be granted by the County unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Master Act and this master program.The burden of proving that the proposed development is consistent with these criteria shall be on the applicant. (shoreline master program 17.50.400) ACTIONS REQUIRED TO CORRECT: 1. The shoreline shall be returned to its natural state and/or stabilized. See options below: a. Please be aware that soft shore stabilization is the preferred method versus "hard armoring". Soft shore stabilization can be achieved with biotechnical measures, such as, beach vegetative enhancement, gravel berming, coarse beach fill, etc. Soft shore stabilization requires the same permits as "hard armoring" stabilization (itemized below Community Development MASON COUNTY Code Enforcement ' W.Alder Street—Shelton,WA COMMUNITY SERVICES 615 Shelton:360-427-9670,Extt..3528584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 in detail), the only difference is that all of the associated permit fees are reduced by half of the cost. b. A new bulkhead using rockery or concrete is a bit more challenging in terms of providing proof that "hard armoring" is needed and would be preferred over soft shore armoring. The burden of proof is on the property owner and hired consultants, geotechnical engineer, and wetlands biologist to demonstrate how a hard armoring approach is better than soft shore stabilization in terms of shoreline habitat value and function. Both the shoreline geotechnical assessment/report and habitat management plan will need to address this issue. In the event that hard armoring is proven to be environmentally feasible, any bulkhead structure shall be placed at or landward the ordinary high water mark, established in the field, with the proper permits in place. The County permits required for soft shore stabilization or "hard armoring" stabilization on properties containing an existing residence consist of the following: HMP, Shoreline Geotechnical Engineer Assessment/Report, SEPA, SHX (DARPA) and BLDG permit (no building permit for soft shore stabilization). State (HPA) and Federal permits could be required as well, please check with State and Federal agencies for requirements. Please be aware that if hard armoring is going to be pursued,the permits listed above will be at full price and that the shoreline geotechnical assessment shall specifically address the need for hard armoring, e.g. bulkhead, per the criteria outlined in the Shoreline Master Program (pages 113- 117). MASON COUNTY Community Development Code Enforcement W.Alder Street—Shelton, A • COMMUNITY SERVICES 615 Shelton:360-427-9670,ExtV 528584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 MONETARY PENALTY A monetary penalty will be assessed against you for each and every day, or portion thereof during which subsequent violations of Mason County Shoreline Master Program continue beyond March 15, 2018. The amount of the penalty per day, or portion thereof for each day the violation continues beyond March 15, 2017 accrues at the following rate: *** First violation: $250 per day or portion thereof Penalties cease to accrue only when the violation is corrected and the issuing compliance officer has certified compliance. Inspections must be completed to verify compliance and cease accrual of monetary penalties. PAYMENT OF PENALTY;APPEAL PROCESS; CONTINUED DUTY TO CORRECT You are required to correct the violation; or set up a Voluntary Correction Agreement with county staff; or pay the imposed civil penalty to the County Auditor if the violation is not corrected; or you may appeal this Notice and Order to the Mason County Hearing Examiner by filing a written notice of appeal with the County Clerk within 14 calendar days from the date of service of this Notice and Order. The appropriate appeal fee ($660.00) must accompany all appeals; refundable in the event the appellant prevails. Community Development MASON COUNTY Code Enforcement COMMUNITY SERVICES 615 W.Shellder ton: treet— 9670,nxt.352 84 Shelton:360-427-9670,Ext.352 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 SERVICE OF ORDER Date of Order: February 6, 2018 Method of Service: Certified/Regular Mail Time of Order: 4 P.M. Signature of Compliance Officer: Stephen Scott Community Development Department Postal CERTIFIED oRECEIPT Domestic Mail Only m For delivery information,visit our website at www.usps.cot?7 Lr, 5j?; FICIAL USE rl Certified Mail Fee n $ x1i Extra Services&Fees(check box,add fee as Q ❑Retum Receipt(hardcopy) $ s ElRetum Receipt(electronic) $ ❑Certified Mail Restricted Delivery $ �7 a j e [:j ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery S CJ Postage $ Q 0 Total Postage and Fees !- 'QR ! Se To fJ" Pr AN t andApi No:;or Fs0 ffox�:--------------------------------------------------- '�- ----- - - - '-- -- Ci to,Z1 4-4 - -- ------ :r. r rr r,r• Certified Mail service provides the following benefits: ■A receipt(this portion of the Certified Mail label). for an electronic return receipt,see a retail ■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate ■Electronic verification of delivery or attempted return receipt for no additional fee,present this delivery. USPS®-postmarked Certified Mail receipt to the ■A record of delivery(including the recipient's retail associate. signature)that is retained by the Postal Service'" Restricted delivery service,which provides for a specified period. delivery to the addressee specified by name,or to the addressee's authorized agent. 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USPS postmark.If you would like a postmark on ■For an additional fee,and with a proper this Certified Mail receipt,please present your endorsement on the mailpiece,you may request Certified Mail item at a Post Office"for the following services: postmarking.If you don't need a postmark on this -Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion of delivery(including the recipient's signature). of this label,affix it to the mailpiece,apply You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece. electronic version.For a hardcopy return receipt, complete PS Form 3811,Domestic Return Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT.•Save this receipt for your records. PS Forrn.3800,April 2015(Reverse)PSN 7530-02-000-9047 SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3. A. Signa ure ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ✓✓✓ ✓^ ❑Addressee B. Received by(Printed Name) C. Date of Delivery In Attach this card to the back of the mailpiece, �- or on the front if space permits. / i'1"-, (--r f Is "Zl/,S /F 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 1 _`0' �.r.-� If YES,enter delivery address below: ❑ No t\-j 3. Service Type D Priority II I IIIII IIII III I I I IIII I I I I I I I I I I I Mail- Ell Express(D Adult gn Signature Restricted Delivery ❑Registered'Mall Restricted 9590 9402 3489 7275 6674 73 0 Certified MailO Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 10 Collect on Delivery Restricted Delivery ❑Signature Confirmation- Aail ❑Signature Confirmation 7017 0190 0000 6115 3654 Aail Restricted Delivery Restricted Delivery ro) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 I USF$WIIr1Gs# First-Class Wll Postage&Fees Paid USPS Permit No.G-10 C 9590 9402 3489 7275 6674 73 United States •Sender:Please print your name,address,and ZIP+4®in this box* Postal Service jMason County Community Services Department 615 W.Alder Street I Shelton,WA 98UR I I I I I - I iiii)II„dii,ili,Illjtil„iii,i+11'l,Iiiil,diii,ifil,jbiiiiiii