HomeMy WebLinkAboutSuperior Court Case No. 05-2-00638-6 - BLD Letters / Memos - 7/26/2006 ECG
Goodell] ,J U L 2 7 2006
Law,INC., P.S.
Attorneys 6"ASON CO.pt�1N DEFT
July 26, 2006
Allan Borden
Land Use Planner
Mason County Planning Department
PO Box 279
Shelton, WA 98584
Re: Sayers v. Collins Lake Community Club, Inc.
Mason Co. Superior Court Case No. 05-2-00638-6
Dear Mr. Borden:
Enclosed with this letter you will find a copy of the Declaration that you asked me to
prepare for you during our last phone conversation. Please review the Declaration and the
attached Exhibits and if they are acceptable to you, please sign the Declaration where indicated
on page 3 and return it to our office. If you have changes, please feel free to address them on the
Declaration itself. I will make the necessary corrections and return the document to you for
signature.
Sincerely,
GOODELL LAW INC., P.S.
C. Robert Houle
Attorney at Law
CRH:med
Encl.
cc: Client
10 NE CREEL MAN LANE P O. BOX 7827 BELFAIR, WASH/NGTON 98528
OFFICE• (360)275-9505 FAcslmlLE' (360)275-8398
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7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF MASON
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10 LEONARD AND MARY SAYERS, No. 05-2-00638-6
Plaintiffs,
11 V DECLARATION IN SUPPORT OF
PLAINTIFFS' MOTION FOR
12 COLLINS LAKE COMMUNITY CLUB, SUMMARY JUDGMENT BY ALLAN
13 INC., a Washington Nonprofit Corporation, BORDEN
Defendant.
14
15 I am Allan Borden, I am a Planner employed by Mason County Department of
16 Community Development, located in Shelton, Washington. I have been a Planner with Mason
17 County since August of 1991.
18 Prior to my employment with Mason County, I was a Wildlife Biologist in Arizona for
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seven years. I have a Master's Degree in Natural Resource Planning, which emphasizes the
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field of hydrology and stream flood damage reduction. I have a Bachelor's of Science Degree
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22 in Biology and was near completion of a second degree in Wildlife Management.
23 In October of 1996, I visited the Sayers' property, Lot 70 of the Collins Lake
24 Community Club. I also inspected Lot 69 to the West. Upon entering the Sayers' property, I
25 was immediately greeted by calf-high water which I trudged through until finally finding the
DECLARATION IN SUPPORT OF PLAINTIFFS' GOODELL LAW,INC.,P.S.
MOTION FOR SUMMARY JUDGMENT BY 10 NE CREELMAN LANE
ALLAN BORDEN- I P.O. BOX 1821,BELFAIR,WASHINGTON 98528
PHONE (360)275-9505 • FAx (360)275-8398
I problem of the flooding, which was a 12-inch culvert located at the back of the property that
2 was installed too high, causing the natural seasonal drainage to back up and overflow its normal
3 banks. As a biologist, I noticed that water was backing up over salal and huckleberry. This is
Haftvl° 19L& K4m,wM" W
4 important because these are non ia4igetmvs wetland plants and this is a strong indicator to me
5 that water was being backed up and discharged in a place which it normally did not go.
6
I testified to these things in my January 10, 2006, deposition, which is attached and
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incorporated herein as Exhibit A. I also drafted a letter on October 31, 1996 to Mr. Robert
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9 Gatz at ADA Engineering (attached hereto and incorporated herein as Exhibit B), explaining
10 my findings at the scene and the reasons for the causation for the flooding which was occurring
1 1 on Mr. Sayers' property.
12 Since that date, I have, at the request of the Plaintiff, returned to investigate the
13 potential of seasonal drainage being backed up as a result of the culvert being placed in a
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position where it is too high to discharge water properly. I found on my inspection, that the
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16 advice of my October, 1996 letter was not followed regarding the adjustments needed to the
17 culvert and fill placed for the road, the potential for erosion downstream by the culvert, and the
18 cautions about holding back the runoff that was affecting up-channel properties, which appears
19 to recur with subsequent winter rains. I noted the seasonal drainage course, which heads from
20 Lot 70 in the East, through Lot 69 to the West, has fill in front of the culvert, and the culvert
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itself is positioned to block the normal runoff that occurred prior to the fill placement. This
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23 placement retains runoff water in the area several lots East of this culvert. This, of course,
24 exemplifies and is caused by the problem that I reported in my October 1996 letter.
25 It appears that the increase in water flow has remained over time, causing damage to
Mr. Sayers' property.
DECLARATION IN SUPPORT OF PLAINTIFFS' GOODELL LAW,INC.,P.S.
MOTION FOR SUMMARY JUDGMENT BY 10 NE CREELMAN LANE
ALLAN BORDEN-2 P.O. BOX 1 821,BELFAIR,WASHINGTON 98528
PHONE (360)275-9505 • FAx (360)275-8398
I In regard to the above, I drafted a site report which can be found at Exhibit C, attached
2 and incorporated herein. It is still my opinion and has been my opinion since 1996, that the
3 culvert located on Lot 69 which drains water from Lot 70, is too high, causing water to pond
4 and be discharged in places where water normally would not have been prior to the installation
5 of that culvert.
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I declare under penalty of perjury under the laws of the State of Washington that the
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foregoing is true and correct.
8 Zg
9 Signed at Belfair, Washington, this day of J , 2006.
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12 Allan Borden
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DECLARATION IN SUPPORT OF PLAINTIFFS' GOODELL LAW,INC.,P.S.
MOTION FOR SUMMARY JUDGMENT BY 10 NE CREELMAN LANE
ALLAN BORDEN - 3 P.O. BOX 1 821,BELFAIR,WASHINGTON 98528
PHONE (360)275-9505 • FAx (360)275-8398
EXHIBIT A
:Alan Borden
Sai,ers v. Collins Lake CommunihI Club
1
1 SUPERIOR COURT OF WASHINGTON FOR MASON COUNTY
2
)
3 LEONARD SAYERS , MARY ) No . 05-2-00638-6
SAYERS , )
4 )
Plaintiffs , )
5 )
VS . )
6 )
COLLINS LAKE COMMUNITY )
7 CLUB, INC. , a Washington )
Nonprofit Corporation, )
8 )
Defendants . )
9
10 DEPOSITION UPON ORAL EXAMINATION OF
11 ALLAN BORDEN
12
January 3, 2006
13 Belfair, Washington
14
Taken Before:
15
Maria I . Ray, CCR # 2033 , RPR, CCR
16 Registered Professional Reporter
of
17 CAPITOL PACIFIC REPORTING, INC .
901 South I Street, Suite 201 , Tacoma, WA 98405
18 Tel (253) 564-8494 Fax (253) 564-8483
Toll Free (800) 407-0148
19
Olympia, WA Seattle, WA Aberdeen , WA
20 (360) 352-2054 (206) 622-9919 (360) 532-7445
21 Chehalis , WA Bremerton, WA
(360) 330-0262 (360) 373-9032
22
23
www. capitolpacificreporter . com
24 courtreporters@callatg. com
25
January 3, 2006
Capitol I'acific Relmi- roc", Lic.
Allan Borden
Sayers,v. Collins Lake Communitv Club
2
1 APPEARANCES 1 11 1-page Drawing 21
2 2
3 FOR THE PLAINTIFFS: ROBERT HOULE 3
GOODELL LAW,INC.,P.S.
4 10 NORTHEAST CREELMAN LANE 4
P.O.BOX 1821 5
5 BELFAIR,WA 98528 6
PH:(360)275-9505 7
6 FAX:(360)275-8398
E-MAIL:CRH@WAVECABLE.COM 9
7
ALSO PRESENT: MARK LEINGANG 10
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10 13
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13 15
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1 EXAMINATION INDEX 1 BE IT REMEMBERED that on Tuesday, January
2 3 BY EXAMINATION RE-EXAMINATION 2 3, 2006,at 10 Northeast Creelman Lane, Belfair,
4 Mr.Houle 5 3 Washington,at 1:23 p.m., before MARIA I. RAY, Notary
5 4 Public in and for the State of Washington, appeared
6
7 5 ALLAN BORDEN,the witness herein;
8 6 WHEREUPON,the following proceedings were
9 EXHIBIT INDEX
10 7 had,to wit:
11 EX.NO. DESCRIPTION MARKED IDENTIFIED 8
12 1 1-page Colored 5 17 9 (Exhibit Nos. 1 through 9 marked for identification.)
Photograph
13 10
2 1-page Colored 5 is 11 ALLAN BORDEN, having been first duly
14 Photograph
15 3 1-page Colored 5 17 sworn by the Notary,
Photograph 12 testified as follows: _
16 13
4 1-page Colored 5 17 14
17 Photograph
18 5 2-page Letter to 5 7 15 EXAMINATION
Robert Gatz from
19 Allan Borden 16 BY MR. HOULE:
20 6 6-page Building 5 14 17 Q My name is C. Robert Houle,and I represent the
21 Permit Application 18 plaintiffs in this matter, the Sayers.
7 1-page Map 5 19 Mr. Borden, hi. How are you?
22 20 A Good afternoon.
23 8 1-page Map 5 18 21 Q Good afternoon. Mr. Borden, do you mind if Mr. Leingang
9 1-page Letter to 5 14 22 is in the room? He is our engineering expert.
24 Bob Gatz from 23 A I don't mind.
Leonard Sayers
zs 24 Q Okay. Thank you. And it was your choice to come here
10 1-page Drawing 21 21 25 today without counsel?
2 (Pages 2 to 5)
January 3,2006
Capitol Pacific Reporting,Inc.
Allan Borden
Sayers v. Collins Lake Community Club
6 x
1 A Yeah,it was. I mean, I was not going to come and then 1 and when did you write the letter? How much gap in time
2 T.3. Martin,who is the deputy prosecuting attorney,on 2 was there? Do you recall? I kiiow it was --
3 Thursday said, "Well,I'd like to come,"and then this 3 A Not exactly, but it was probably less than a couple of
4 morning he said he had too many other obligations to 4 weeks,so it would probably have been in mid October.
5 come,so... 5 Q Okay. And at what stage was the water tank project in
6 Q Okay. All right. And I just want to tell you that the 6 when you went out there?
7 deposition is not about intimidating you or attacking 7 A Well,as far as I know, the tank was already installed,
8 you or any of those things,so if you feel 8 and I think they even got a building permit for a pump
9 uncomfortable,need to go to the bathroom,need 9 house nearby,so...
10 something to drink,just let us know,and we'll take a 10 Q And was the pump house installed as well?
11 break. 11 A I believe it was,yeah.
12 A Okay. 12 Q Okay. And was the road graded and complete?
13 Q There are some times when I can't just stop and take a 13 A It appeared to be complete,yes. It was graded and
14 break,when we're in the middle of a point or phrase or 14 probably had gravel on it.
15 question or those kinds of things,but I want you to 15 Q Okay. And so in your opinion, the project out there
16 know that,you know,most of the time we can accommodate 16 was--was complete,was finished?
17 those things;you just need to ask. 17 A It appeared to be,yes.
18 A Sure. 18 Q Okay. Go on.
19 Q I don't want you to feel uncomfortable. That's the main 19 A And when I observed --what I observed was that it
20 thing. 20 looked like an easy fix. They would just have to either
21 What is your occupation? 21 put a larger culvert in or put an additional culvert in
22 A Well,I'm a planner for Mason County,Washington. 22 to relieve that backup of water.
23 Q And how long have you done that? 23 Q Okay. Now,when you talk about the backup that you
24 A 14 and a half years. 24 noted in your--in your letter,what are you talking
25 Q Okay. And I'm handing you what's been marked as Exhibit 25 about there? Can you explain specifically that issue?
7
1 No. 5. 1 A Well,basically the area from Mountain View Road goes
2 A Uh-huh. 2 down a little bit and from back-- I guess it would be
3 Q Do you recognize what that is? 3 Belfair-Tahuya Road, it also comes down. In the rear of
4 A It's a letter that I wrote in October 1996. 4 several of these properties is a low area,and then it
5 Q Okay. And why did you write that document? 5 drains--I guess it would be sort of northwest,
6 A Well,I wrote this document because basically the 6 west/northwest past this area.
7 Collins Lake development was improving their water 7 And when--water from rainfall would normally flow
8 system, and they installed a water tank in this portion 8 on the surface down this drainage,and when they put
9 of Collins Lake. And they put in an access road from 9 the--the fill in and--and the culvert,water was
10 the--I guess it would be the county road. I think 10 actually backing up and literally we're walking to calf
11 it's Mountain View, put in an access road back to the 11 level in water. It was not moving,you know.
12 tank. 12 Q Did you--did you physically see the water backing up,
13 And in doing so,they brought in fill,brought the 13 or was that something that was relayed to you by
14 road level up and crossed a couple of seasonal 14 somebody else?
15 drainages, at least one that I can recall,so... 15 A Well,I mean,I walked around in it, and it--and it
16 Q Okay. 16 seemed to me that it wasn't really a stream channel,so
17 A So I-- I went out there. I'm trying to--I probably 17 it would seem to be uncommon that water would be
18 went out--I mean,this is going back over nine 18 standing in place.
19 years--went out on --in response to a concern of 19 Q Okay. So let me just clarify your statement a little
20 Mr.Sayers and went out and looked and verified that 20 bit. Your--your statement is you physically went out
21 indeed water was being backed up from the fill. 21 to the site,the water was ponding and you had to walk
22 They'd put a culvert in. It was being backed up on 22 through it,and it was ankle deep; is that correct?
23 the properties that are slightly upslope from the fill. 23 A Uh-huh.
24 Q And in coordination (sic)to that letter or in 24 Q So that is something you personally witnessed,then?
25 correlation to that letter,when did you go out there 25 A Right.
3 (Pages 6 to 9)
January 3. 2006
Capitol Pacitic Reporting, Inc.
Allan Borden
Sayers v. Collins Lake Coninlunity Club
1 Q I just wanted to clarify. 1 cover sheet that just showed that--you know,that the
2 A Yeah. And I put in my letter that I thought impounding 2 homeowners association did apply for, as part of their
3 water like that might even threaten the road; it would 3 construction permit,an environmental checklist. They
4 saturate the fill,and if they drove on it in their 4 submitted an environmental checklist.
5 normal business, it might in fact cause an impact to 5 Primarily it had to do with the scope of the project
6 their access. 6 and the amount of material that involved being moved,
7 Q So you had had some pretty substantial concerns about 7 so...
8 that water backingu . And was it our opinion that the 8 Okay. All right. And did you have a co of that
P Y P Q Y 9 Y PY
9 culvert was installed improperly,then? 9 environmental checklist?
10 A Well,I don't think they--it was improper in the way 10 A No,I didn't.
11 that it was conveying water. It was--water was not 11 Q Okay.
12 moving through the area as it normally had; it was 12 A I--
13 backing up. 13 Q And so that--
14 And it was also--since the culvert was small,when 14 A That may in fact be in our archives located in another
15 you--when you have water that goes through a culvert 15 building.
16 and there's a high amount of water above the level of 16 Q Okay. And who would you contact in regards to the
17 the culvert,it tends to push that water through so in 17 archives?
18 fact not only do you have saturation of the fill,you 18 A Well,my department. I mean,I could have done it.
19 have erosion from--on the downstream side of the 19 Q Okay. All right. Well,we--we asked for all of those
20 culvert that very well could eat back on the--on the 20 documents relating to it,so--in our subpoena, but is
21 fill on the downhill side and destabilize the culvert. 21 there a way to make those documents available to us to
22 So that's another point that I-- 22 copy at some time?
23 Q Okay. Who did you convey these things to? I mean, 23 A Yeah,I can--I can do that,yeah.
24 obviously you wrote that--who did you write that 24 Q Okay. All right. And how should we set that up with
25 letter to? 25 you?
11 I
1 A I wrote it to--I believe it was the project engineer 1 A Well,I mean,if there--I could--I can just go
2 for A.D.A. Engineering in Poulsbo,and he--that 2 locate the record. We've got a box of all of the
3 company was the contractor,at least the engineering 3 environmental checklists,and I suspect that they're in
4 aspect. They sort of--you might say shepherded the 4 there in number order,and I can pull it out.
5 project. They were the engineer that was in charge of 5 Q Would there be correspondence in that same box in
6 getting the project installed. 6 relation to this with the--
7 Q Okay. And what was their response to your letter? 7 A Sometimes letters of comments are attached to the
8 A I--I don't have--I could not--I did not have-- 8 environmental checklist.
9 well,I couldn't find any response. And since that was 9 Q Okay. All right. Well,let's continue with our
10 more than nine years ago,I'm not sure if they even 10 deposition,and I will --
11 telephoned me to respond to it. 11 A Yeah,see,I didn't know the scope of--of the case,
12 This was sort of a courtesy letter to them saying, 12 and--and so I--I didn't know how much delving I
13 "Hey,you don't--you do really need a permit to cover 13 should--
14 something that--fill in an area that was just a 14 Q And that's okay. Our subpoena calls for those
15 seasonal drainage, but I'm telling you," --I'm 15 documents,and so,you know,if this--
16 paraphrasing. "I'm telling you there is a potential 16 A If this had been--if the work that the engineer did
17 problem with what you've done and this is the way to 17 would have required a special permit,I would have--I
18 resolve it." 18 would have said, "Oh,that requires this kind of
19 It wouldn't have required--probably wouldn't have 19 permit,"and I would have gotten a copy of it.
20 required a permit in 1996. 20 Q Okay. So how did you follow up on this letter,if any
21 Q And is--we--in our subpoena duces tecum that we sent 21 at all? We may have already--
22 out to you,we asked for documents. Are there any 22 A Well,I looked in our legal file. And all --there was
23 documents in your office,or have you brought any 23 a building permit for the pump house. There was a
24 documents with you in regards to this case? 24 building permit for the reservoir tank.
25 A No. The only thing I brought was--I brought a supra 25 Q Let me--let me just interrupt you there. Is that
4(Pages 10 to i 3)
JannarN 3, 2006
Capitol Pacific Reporting, Inc.
Allan Borden
Sayers y. Collins Lake Community Club
14 16
1 looking like the building permit you're talking about? 1 A I'm not aware that anyone has.
2 I've just handed you Exhibit No.6. 2 Q Okay. And you wouldn't be required to do that by what
3 A Right. This is a building permit from 1995 for the pump 3 you were just telling us,because there was no permit
4 house and one in 1995 for the water storage tank. 4 required?
5 Q Okay. And you had mentioned earlier that there was some 5 A That's correct,yeah.
6 correspondence from my client. Did you ever see a copy 6 Q Okay.
7 of this letter? I'm handing you what's marked as 7 A I mean,if--if the problem persisted,you know,if I
8 Exhibit 9. 8 was alerted again,"Well, 12 months ago you wrote this
9 A I can't recall if I seen that before. 9 letter,and I don't see anything has been done," I
10 Q Okay. All right. Let me--we were on--on your 10 probably would have followed it up, because I was--I
11 follow-up on it,you said you looked in the legal file 11 was the current planner for that portion of the county
12 and there wasn't anything on there? 12 on the Tahuya Peninsula until November 2000. So
13 A No. 13 normally complaints would have been referred to me.
14 Q What else? 14 Q Okay. And did you have any e-mail contact with Mr.Gatz
15 A And I looked in my own personal files because sometimes 15 at all? Do you recall,or was that--
16 I--I include copies of things that I've sent,and I 16 A I don't think I did.
17 didn't even locate this letter with any notes that would 17 Q Okay. Would those e-mail files exist somewhere if you
18 have been attached to it,so... 18 did from back then or is that something--
19 Q Okay. And do you remember having any contact with the 19 A County policy: If you want a copy of an e-mail,you
20 Collins Lake Community Club themselves,any of their 20 print it because it will be deleted from --we hardly
21 representatives outside of Mr.Gatz? 21 get--I think we get two months to keep it if we don't
22 A Well,I probably did have a conversation by telephone 22 erase it ourself,so...
23 with Mr. Sayers. 23 Q Okay. Let me show you what's been marked as Exhibit No.
24 Q Okay. 24 1,2,3 and 4. First,I'll show you Exhibit No. 1. Do
25 A That's--I believe he's the one that initiated my 25 you recognize that at all?
1
1 examination of this situation. 1 A Well,it appears to be the--it looks like the vicinity
2 Q And was there anybody else out there on the property 2 of the road with water backed up in the upper photo,
3 when you went out to do your inspections? 3 and--
4 A I don't believe there was. 4 Q And is that the road that we've been talking about?
5 Q Okay. So it was just you alone out there,or were you 5 A It appears that photo is taken from the road facing east
6 with Mr. Sayers,or--I know,nine years. 6 towards the Sayers'property. It kind of looks like the
7 A I don't--I don't think he was there. I think I mainly 7 terrain.
8 did correspondence by telephone-- 8 Q Okay. And I'm showing you Exhibit No.4. Do you
9 Q Okay. 9 recognize that?
10 A --so... 10 A This looks like the approach to the reservoir.
11 Q And --and who was that primarily with by telephone? 11 Q Okay. And when you say"the reservoir,"what reservoir
12 A Mr. Sayers. I don't think I ever--well,I probably 12 is that? Could you clarify that?
13 talked to Mr.Gatz,thinking about it, and said,you 13 A That's the water tank for the Collins Lake water system
14 know, "I had concerns about the installation and the 14 there. This was installed as part of that project in
15 road." 15 195.
16 Q Okay. And so if the problem was corrected or not--you 16 Q And that's in reference--and your letter references
17 don't have knowledge of whether the problem was 17 that project;is that correct?
18 corrected,then, right? 18 A Right.
19 A I don't have any knowledge if it was corrected. 19 Q Okay. I'm showing you what's been marked as Exhibit
20 Q And you haven't done any site visits after you wrote the 20 No. 3. Do you recognize that?
21 letter to see if it was corrected? 21 A Well,let's see. I mean,this--this is the
22 A I don't believe I did. 22 drainage--I mean,this is the culvert that I had
23 Q Okay. All right. And has anybody in your department or 23 concerns about. I don't know if it's the downhill side
24 from the County gone out there and inspected to see 24 of it or the uphill side of it.
25 since you wrote the letter? 25 Q Okay. But you recognize the culvert itself
> (Pages 14 to l 7)
January 3, 2006
Capitol Pacific Reporting, Inc.
Allan Bordeu
Sayers v. Collins Lake Comn°ninity Club
1R 'u
1 A Right. 1 And these lots are deep,and so they put a road in
2 Q --the area? 2 to get back to the--the topography is higher up here,
3 Okay. And there's definitely a downhill and uphill 3 and it's a little higher here,and it's low in here. So
4 side to that culvert? 4 they put a road across here.
5 A Yeah. 5 The reservoir is sitting a little higher on the hill
6 Q And then Exhibit No.2,do you recognize that? 6 to get the elevation that they typically need,and so
7 A Not--not--I mean,it's small trees that have fallen. 7 the driveway in there is crossing this low area. It
8 Probably the wind has broken these trees or at least 8 actually crosses several properties off of Mountain
9 pulled them over into a building. I don't know whose 9 View.
10 building it is, but it must be a building that's nearby. 10 And so if I go back to this drawing--so we're
11 Q All right. And I don't know if you--handing you 11 looking at this area here. So,you know,the original
12 what's marked as Exhibit No.8,have you ever seen that 12 topography dips down not all that much. Maybe minus
13 drawing before? Do you recognize it? 13 three feet,and they've--they've brought the fill in,
14 A Well,I mean,this is a portion of Collins Lake, one of 14 and they put a culvert somewhere in --halfway up. So
15 the divisions. I mean, it appears to be the site plan 15 this is all fill.
16 for at least the water connections to that portion of 16 Q Okay. And what gave you--looking at what you just
17 the water system. 17 drew,what gave you concerns about that?
18 I'm not sure if I really see--let me turn it 18 A Well,evidently the water running off of these area--
19 around here. If the notes talk about--yeah,well, 19 these lots here and collecting in the lower area,and it
20 yeah,that's--I mean,this --this shows a 20 typically would flow off-site because there's a big
21 configuration of the lots and Mountain View and this 21 wetland down in this area.
22 little cul-de-sac. 22 So--so by putting--basically putting fill in
23 Q And have you ever seen Exhibit 8 in relation to the 23 there,they cut off that natural drainage. And my
24 project that you described in your letter? 24 concern--since it wasn't that large of a height of
25 A No, I don't think so. 25 fill,I didn't think that it would,you know-- it would
19
1 Q Okay. I'll take that one back from you. Okay. 1 only affect a portion of the property.
2 So--and I know this is going to be very difficult 2 And the thing is it just looked like it was going to
3 for you to do after all this time. If you will please 3 cause further problems. Because I can't recall how wide
4 try,I'd appreciate it. Can you draw just roughly and 4 this is. It was probably 60 to 80 feet across.
5 explain how the fill was used at that project site and 5 Q And--and in your letter,you referenced 5,000--or--
6 what gave you concern about that? 6 yeah,5,000 cubic yards of material. Is that the area
7 In other words,how the--how the topography went, 7 where that was used,or is that all of the tanks--
8 maybe in a side view,and then where they put the fill 8 A Yeah,I--it must have--I must have approximated how
9 in and explain it as you're going along. 9 much material there was. That's probably the whole
10 A You want a profile or sort of a-- 10 Q The whole thing coming in?
11 Q Yeah,kind of a profile,kind of from the side, if you 11 A The whole length.
12 could. 12 Q Okay. All right.
13 A Yeah. I mean,the--basically the road--the road 13 MR. HOULE: So let me have these two
14 came in on--the existing topography wasn't exactly 14 things marked real quick and we can talk about it in a
15 flat,but the existing topography went down and back up, 15 little more depth.
16 so the reservoir is on this side. 16 (Exhibit Nos. 10 and 11 marked for identification.)
17 Q And where -- 17
18 A This is--this is--boy,it has been a while. Well, 18 Q (By Mr. Houle) Okay. So now looking at Exhibit No.
19 can I look at that drawing that you showed me before? 19 10--
20 Q I can't let you look at it. Sorry about that. 20 A The cross section?
21 A Well,see, my memory is that you have--you have 21 Q The cross section,right. Is that where--you
22 Mountain View and the cul-de-sac. Let's do it here. 22 mentioned that that is--maybe we better look at
23 And these lots are splitting off on the cul-de-sac, 23 Exhibit No. 11. I'm sorry about that. We'll shift over
24 so--and then there's--so this is Mountain View. And 24 here.
25 this is Collins Lake Drive. 25 In that,you noted that water flew in this--it
6 (Pages 18 to 2 l)
January 3, 2006
Capitol Pacific Reporting, Inc.
Allan Borden
Savers v. Collins Lake Community C'luh
24
1 flowed in this section on a normal seasonal basis 1 Q Okay. And was there any wetland on Mr.Sayers'property
2 unimpeded prior to the road? Is that your estimation? 2 at that time?
3 A Yeah. 3 A No. I re--what I recall is water,you know, ponding
4 Q Okay. In which direction did it go in,in your 4 on the property,but it was otherwise salal and--and
5 estimation? I mean,which was the flow of the water 5 huckleberry.
6 before the road went in? 6 Q Okay. And why is that important? Why would salal and
7 A Well,if--if I have my bearings right,the cul-de-sac 7 huckleberry be important in your assessment?
8 at the end of Mountain View,if that was west,then the 8 A Because typically they don't grow in wetlands,so this
9 water would be flowing sort of in a northwest 9 is it. So what I --what I surmised was I was seeing
10 orientation. 10 water that was not acting as it had in the past. It was
11 Q So northwest to southwest,is that the way-- 11 being retained on the property longer than it normally
12 A No. From Southeast to northwest. 12 would have been.
13 Q Southeast to northwest? 13 Q And would the effect of that over time potentially,in
14 A uh-huh. 14 your opinion,be--create a wetland? Could that create
15 Q And is it safe to say that when you looked at the 15 a wetland over time?
16 situation that was occurring out there,that the road 16 A It--it could. I mean, I'll say the initial shrubs
17 and the culvert had impeded that natural flow? 17 would probably die,and then over a period of time
18 A Yeah,because the--the untouched natural grade 18 probably--well,some of the easy opportunist plant
19 actually created a low area just uphill of--of where 19 seeds might come in,things like,oh, spirea and sedges
20 the fill was. 20 would come in.
21 Q Okay. And was part of that low area located on the 21 They--they have really fine seeds, so they
22 Sayers'property? 22 germinate fairly quickly in a place that is wet long
23 A Yeah. Yeah,because I mean,that--I walked around and 23 enough and --during the time --
24 there was water on that property and probably the 24 Q And when you were out there, did you notice any
25 property further east-- 25 transition on the Sayers'property like that occurring?
?3 25
1 Q Okay. 1 A No.
2 A --as well. 2 Q Okay. All right.
3 Q Okay. 3 A I recall struggling through the shrubs and seeing that
4 MR. HOULE: Let's go off the record for a 4 it was really wet in there.
5 second,take a break. 5 Q All right. Okay. And then could you tell me how long
6 (Pause in proceedings.) 6 you've--how long you've been in your profession, not
7 7 counting your County time?
8 Q (By Mr. Houle) We're back on the record now. And I had 8 A Well,which profession? I was a wildlife biologist in
9 asked you earlier if you had contacted Mr.Gatz after 9 Arizona for seven years,from -- basically from 1977 to
10 you had written the letter to see if there was anything 10 1984,went and got a master's degree in--well, it was
11 done to fix the problem. 11 actually a field of hydrology,stream flood damage
12 Did you contact the contractors that were involved 12 reduction.
13 out there? Do you recall that? 13 And then I got a job for a year with Lincoln County
14 A I don't think I did. 14 Oregon,and then I came to Mason County in August o
15 Q Okay. And, again, we're talking after you wrote the 15 '9 1.
16 letter to see if a fix had occurred. 16 Q Okay. All right. And is your master's degree your
17 And what about the board of the Collins Lake 17 highest degree,or do you have other degrees?
18 Community Club? Anybody from the board? Did you have 18 A That's--that's my highest degree. I have a master's
19 any contact with them? 19 degree in natural resource planning. I have a
20 A I can't recall that I did, no. 20 bachelor's in science and biology, and I almost got a
21 Q Okay. And we had talked--and I'm going to go back to 21 second degree in wildlife management, so...
22 Exhibit 11 now. You had mentioned there was a wetland. 22 MR. HOULE: Anything else?
23 Could you show me where the wetland was? 23 MR. LEINGANG: No, I think that's it.
24 A Well, it would be further down from the cul --yeah, 24 MR. HOULE: Okay. I think we're done.
25 from the cul-de-sac,further northwest. 25 Thank you very much.
7 (Pages 22 to 25)
January 3, 2006
Capitol Pacific Reporting, Inc.
Allan Borden
Sayers v. Collins Lake Community Club
2
1 (Signature reserved.)
(Deposition concluded at
2 2:04 p.m.)
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1 CERTFICATE
2
STATE OF WASHINGTON )
3 )
COUNTY OF PIERCE )
4
5 This is to certify that I, Maria I. Ray,Certified
6 Court Reporter and Notary Public in and for the State of
7 Washington, residing in Puyallup,Washington,reported
8 the within and foregoing deposition;said deposition of
9 ALLAN BORDEN,was taken before me as a Notary Public on
10 January 3,2006;that the witness was first by me duly
11 swom;that said examination was taken by me in
12 shorthand and thereafter was transcribed under my
13 direction;that the same is a full,true and complete
14 transcript of the testimony of said witness,including
15 all questions,answers,objections, motions and
16 exceptions,if any, by counsel.
17 I further certify that I am not a relative,
18 employee,attorney or counsel of any of the parties to
19 this action,nor am I financially interested in the said
20 action or the outcome thereof.
21 IN WITNESS WHEREOF,I have hereunto set my
hand and affixed my official seal this day of
22 2006.
23
24 Notary Public in and for the State
of Washington, residing in Puyallup,
25 Washington.
Maria Ray,CCR#2033.
8 (Pages 26 to 27)
January 3,2006
Capitol Pacific Reporting,Inc.
Allan Borden
Sayers v. Collins bake Community Club
Page 28
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January 3, 2006
Capitol Pacific Reporting,Inc.
Allan Borden
Sayers v. Collins Lake Community Club
Page 29
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January 3,2006
Capitol Pacific Reporting,Inc.
Allan Borden
Savers v. Collins Lake Community Club
Page 30
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January 3, 2006
Capitol Pacific Reporting,Inc.
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Sayers v. Collins Lake Community Club
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surmised 24:9 Toll 1:18 10:17 14:4 17:2,13 21:6,8 22:3,18,23,23 3:20,21,22,23 7:1
suspect 13:3 topography 19:7,14,15 17:13 18:16,17 20:18 23:24 5,000 21:5,6
sworn 5:11 27:11 20:2,12 21:25 22:5.9,24 24:3 year 25:13 532-7445 1:20
system 7:8 17:13 18:17 towards 17:6 24:10 years 6:24 7:19 11:10 564-8483 1:18
transcribed 27:12 way 10:10 11:17 12:21 15:6 25:9 564-8494 1:18
.r transcript 27:14 22:11
T 6:2 27:1,1 transition 24:25 weeks 8:4 0 6
Tacoma 1:17 trees 18:7,8 well 6:3,22 7:6 8:7,10 05-2-00638-6 1:3 6 3:20 14:2
Tahuya 16:12 true 27:13 9:1,15 10:10,20 11:9 6-page 3:20
take 6:10,13 19:1 23:5 try 19:4 12:18,19 13:1,9,22 i 60 21:4
taken 1:14 17:5 27:9,11 trying 7:17 14:22 15:12 16:8 1 3:12 5:9 16:24,24 622-9919 1:20
talk 8:23 18:19 21:14 Tuesday 5:1 17:1,21 18:14,19 1-page 3:12,13,15,16
talked 15:13 23:21 turn 18:18 19:18,21 20:18 22:7 3:21,22,23,25 4:1 7
talking 8:24 14:1 17:4 two 16:21 21:13 23:2.24 24:18 25:8 1:23 5:3 7 3:18,21
23:15 typically 20:6,20 24:8 25:10 10 2:4 3:25 5:2 21:16
tank 7:8,12 8:5,7 13:24 ___ _ NN ent 7:17,18,19,20 8:6 21:19 8
14:4 17:13 _LT ..___... _..__ 9:20 15:3 19:7,15 11 4:1 21:16,23 23:22 8 3:22 18:12,23
tanks 21:7 Uh-huh 7:2 9:23 22:14 22:6 25:10 12 16:8 80 21:4
tecum 11:21 uncomfortable 6:9,19 were 5:6 11:5 14:10 14 3:20,23 6:24 800 1:18
Tel 1:18 uncommon 9:17 15:5 16:3 23:12 17 3:12,15,16
telephone 14:22 15:8 under 27:12 24:24 18 3:13,22 9
15:11 unimpeded 22:2 west 22:8 1821 2:4 9 3:23 5:9 14:8
telephoned 11:11 until 16:12 west/northwest 9:6 1977 25:9 901 1:17
tell 6:6 25:5 untouched 22:18 wet 24:22 25:4 1984 25:10 91 25:15
telling 11:15,16 16:3 uphill 17:24 18:3 22:19 wetland 20:21 23:22,23 1995 14:3,4 95 17:15
tends 10:17 upper 17:2 24:1,14,15 19967:4 11:20 98405 1:17
wetlands 24:terrain 17:7 ttpslope 7.2_3 e 8 98528 2:5
testified 5:12 used 19:5 21:7 we'll 6:10 21:23 2
testimony 27:14 __ _ .._ .._._ we're 6:14 9:10 20:10 2 3:13 16:24 18:6
Thank 5:24 25:25 V 23:8.15 25:24 2-page 3:18
their 7:7 10:4.6 11:7 verified 7:20 we've 13:2 17:4 2:04 26:2
12:2 14:20 very 10:20 19:2 25:25 WHEREOF 27:21 2000 16:12
January 3, 2006
Capitol Pacific Reporting,Inc.
EXHIBIT B
. S7gTF0
GARY YANDO,DIRECTOR
C
o s° x DEPARTMENT OF COMMUNITY DEVELOPMENT
N Y �? PLANNING - SOLID WASTE - UTILITIES
of 0 BLDG. I • 411 N. 5n'ST. 0 P.O. BOX 578
1864 SHELTON, WA 98584 a (360) 427-9670
October 31, 1996
ADA Engineering
Mr. Robert Gatz
371 NW Lindvig Way
Poulsbo, Washington 98370
RE: Road to Water Tank on Lot 69 , Collins Lake
Dear Mr. Gatz:
This letter is to inform you that a road located on Lot 69,
Collins Lake in 1995 to provide an access for a large water
storage tank was placed in a seasonal drainage channel. This
fill has blocked the natural flows along this channel from six -
properties to the east of Lot 69 . Equally important to the
improper location of. the access in a seasonal drainage is the
fact that an inadequate 12-inch metal culvert was placed in this
fill by a project contractor.
The issue of the fill should have been addressed by a land
modification (grading) permit, in addition to the building
permit, since nearly 5000 cu. yds. of material was used to fill
an area larger than the tank site and the grading included the
need to fill in the drainage. That work has been done, but the
issue of the inadequate sized culvert still needs to be
corrected. The small size of the culvert creates ponding uphill
of the culvert and has caused flooding and the falling of trees
on the property improvements made by the neighbor (Sayers) .
There is also the threat of saturation of the access route fill
by the ponding upstream. The small culvert now in the fill may
also cause high velocity flows to exit the culvert and cut into
the fill below the access (small cross-sectional area of the pipe
compresses the flows and increases the flow velocity) . Such bank
saturation and cutting will cause failure of the access and
unnecessary sedimentation in the drainage channel farther
downstream. Such potential damage to this and neighboring
properties is to be avoided.
You and your contractor should work in a cooperative manner to
promptly resolve the problems of ponding and erosion that have
occurred in the past year and as this year's fall and winter
rains arrive . A necessary action is the replacement of the
undersized culvert and placement within the channel in a manner
to continue the natural drainage without ponding (at the level of
the drainage channel on Lot 70) . You should protect the
downslope face of the fill with matting or 'rock to protect from
surface erosion and the runoff out of the culvert. These actions
are typical practices done during grading and filling projects,
as you have noted in the environmental checklist for the water
tank project.
If you have other questions, please contact me in the Department
of Community Development at (360) 427-9670 or 275-4467 ext. 365 .
/A4el "
1lanrB0rden, Shoreline Planner
cc: Mr. and Mr. Sayers
EXHIBIT C
P�ON.STAr, MASON COUNTY
M0 p DEPARTMENT OF COMMUNITY DEVELOPMENT
o A U Planning Division
z o T n P O Box 279, Shelton, WA 98584
�oJ Y �o~ (360)427-9670
1864
Site Inspection
May 18, 2006
LEONARD SAYERS
P. O. BOX 983
BELFAIR WA 98528
Case No.: SP12006-00089
Parcel No.: 223315200070
Project Description: Evaluate conditions of fill and culvert placed on adjacent
property during water system work in 1995 and 1996.
Dear Applicant:
Pursuant to your application, a site pre-inspection (SPI)was performed on your property. Below you
will find comments made regarding the proposed development and its critical values.
In some cases, setbacks for development from shorelines, steep slopes, streams, and wetlands must
be included in your specific proposal; these setbacks are included as part of the comments listed
below.
This information is based on County and State regulations as they exist to date. These regulations
may change and may affect the requirements for development of the subject property.
Please contact me at(360) 427-9670, ext. 365 if you have questions.
Sincerely,
Allan Borden
Land Use Planner
Mason County Planning Department
5/1812006
1 of 3 SP12006-00089
r '
Site Inspection
5/18/2006 Case No.: SP12006-00089
Comments:
Site visit made on April 26, 2006 to note the location and situation
regarding fill and culvert placed on Collins Lake Lot 69 in 1995
and 1996 during water system work (water tank especially). Staff
observed the culvert and fill remains as placed in a seasonal
drainage which provided access to new Collins Lake water tank.
The general observations are that the situation looks much like it
did in the summer and fall 1996 when I wrote a letter to the
engineering company with concerns about the placement of the
culvert and fill. The advice of that October 1996 letter was not
followed up [the actions to take, such as needed adjustments to
the culvert and the fill placed for the road, and potential erosion
downstream by the culvert], and the cautions about holding back
runoff and affecting up-channel properties appear to recur with
subsequent winters' rains.
The seasonal drainage course, which heads from the east (lot 70)
through lot 69 and to the west, has fill in front of the culvert, and
the culvert itself is positioned to block normal runoff that occurred
prior to the fill placement. This placement retains runoff water in
the area of several lots east of this culvert.
The site is well vegetated with large evergreen and deciduous
trees and shrubs adjacent to the drainage and surrounding
properties. The slopes of 8 to 12 percent on the south side of the
property, sloping to the north to northwest down to adjacent
properties. There seems to be an impact in the removal of trees
undertaken during the site preparation for the water tank and
access drive. Trees removed at that time have created an open
area that subjects the properties with tree cover to the east and
west to greater wind impacts and, with the more saturated soils,
produces conditions for trees to fall. This fact is supported by the
property owner information and photos of leaning and fallen trees,
shown to staff at the site visit.
The property is located in the Inholding Lands designation.
Standard building setbacks for this area are a 25-foot front yard or
road setback and 20-foot side and rear line setbacks. These
setbacks are measured from structures that are 30 inches above
grade such as roof overhangs (roof gutters), stairs, balconies,
decks, heat pumps etc. An administrative variance may be
requested to reduce these setback distances from property lines,
to as low as 10 feet (front yard) or 5 feet (side yard), if the size,
shape, or features of the property constrain development from the
proper setbacks. This process requires application and review at
the time of the building permit submittal.
5118/2006 2 of 3 SP12006-00089
II .
Site Inspection
5/18/2006 Case No.: SP12006-00089
Landslide hazard areas: Due to the less than 15 percent slopes
at the rear of the site, the development of the property would not
require that a geologic study be prepared prior to development
permit review and issuance.
Stream setbacks: The drainage channel observed would not be
considered a type 5 stream, so stream buffers and setbacks
would not be required for further site development. The presence
of an open channel drainage must be considered and integrated
in any development proposal, especially for the residence, septic,
or road improvements. The drainage provides a valuable attribute
to the character of the property (running water, existing trees and
shrubs, and animal habitat for this and adjacent lots).
General process: A site plan, showing all setbacks from property
lines, slopes, drainage, or other improvements will be needed for
building permit application submittal.
County development standards referred to may be obtained from
the County website at http://www.co.mason.wa.us. and then look
for Community Development. If you have any questions please
feel free to call. Thank you.
5/18/2006 3 of 3 SP12006-00089
Revised 01i18/06 r
o MASON COUNTY �� L '
PLANNING DEPT. PRE-INSPECTION APPLICATION
PLEASE PRINT $205.00 Fee Required
1. Owner: Leonard Sayers & Mary Sayers Applicant: Leonard Sayers & Mary Sayers
Site Address: NE 121 Mountain View Place Applicant Address: NE 121 Mountain View Place
Owner Address: Same as above. City: Tahuya St: WA Zip: 98588
City:_Tahuya St: WA Zip: 98588 Phone 36 .275.7936(day) ((,�
Phone: 360.275.7936 (day) ->PQ Jp %-) I i r Z G�
Phone: Same as above(evening) Planner: Allen Borden
Email Address: N/A SNIP Comp. Plan Type of Use: Residential
Water Body
2. Parcel No.22331-52-00070
Parcel No.22331-52-00069 RECEIVED
Legal Description:Please see Exhibit B,legal description of the above-referenced parcels. APR 18 2006
3. Purpose of Pre-Inspection: I have attached Allen Borden's initial report(Exhibit A) WA►WW ieQOAANTY
per my conversation with him we are asking that he reviews these sites to inspect the continuing
violations.
4. Use of building: Water tank for community water system.
5. Do any of the following exist on or adjacent to property?: slope N saltwater( ) lake river( )
pond N wetland W seasonal runoff W other stream ( ) seasonal creek W
i
Directions to Site: See Exhibit C, printout from mapquest.com.
If the information is incomplete, then Mason County must disclaim any errors resulting from deficiencies in the
original application. Pre-inspection reports remain valid only until development changes occur in the vicinity which
affect the lot evaluated in this inspection, or the laws regulating development of the site change after the time of
inspection.
Applicant Signature: lz�_Cz�;-- Date: 3 "' 3 1 — M
lfyou would like to be on site during inspection,please check here: )
Return application to: Department of Community Development, Planning Division RECEIVED
P.O. Box 186
Shelton, WA 98584
(360)427-9670 APR 12 2006
Please include a$205.00 check or money order payable to Mason County Treasurer MASON COUNTY
When completed, this form becomes part of the parcel file.
FOR OFFICE USE ONLY: Accepted by: Date:
MORE ON BACK SIDE
Please illustrate below the proposed building site in relation to critical areas(slopes, streams, lakes, wetlands,
etc)existinZ- improvements,as well as pro ertt l*nesk APPLICATIONS-gUB1b1tI'>l"1<'ED-WITHOUTF, ,
ADO i Tf I1 S`I 'I I I � 11` - A PTEia AND`VVIL1� �3L RE'FCIRNEI?rT(
APPLYCAN't'?F,
I-TG� R
1
c-�
Departmental Review
(For Office Use Only)
Planning Department Findings:
, A � Kp��: GEC-f�e�J-✓:-
bodGt%
IVJ*W WW4 44 ClAer"t
,�
GARY YANDO,DIRECTOR'
STgTF
P '
o s = DEPARTMENT OF COMMUNITY DEVELOPMENT
U
i o T z PLANNING -SOLID WASTE - LMLITIES
0 N Y y BLDG. I • 411 N. 5TH ST. a P.O. BOX 578
�° 1864 SHELTON,WA 98584 • (360) 427-9670
October 31, 1996
EXHIBIT
ADA Engineering
Mr. Robert Gatz a
371 NW Lindvig Way
Poulsbo, Washington 98370
RE: Road to Water Tank on Lot 69, Collins Lake
Dear Mr. Gatz:
This letter is to inform you that a road located on Lot 69,
Collins Lake. in 1995 to provide an access for a large water
storage tank was placed in a seasonal drainage channel. This
fill has blocked the natural flows along this channel from six
properties to the east of Lot 69 . Equally important to the
improper location of. the access in a seasonal drainage is the
fact that an inadequate 12-inch metal culvert was placed in this
fill by a project contractor.
The issue of the fill should have been addressed by a land
modification (grading) permit, in addition to the building
permit, since nearly 5000 cu. yds . of material was used to fill
an area larger than the tank site and the grading included the
need to fill in the drainage. That work has been done, but the
issue of the inadequate sized culvert still needs to be
corrected. The small size of the culvert creates ponding uphill
of the culvert and has caused flooding and the falling of trees
on the property improvements made by the neighbor (Sayers) .
There is also the threat of saturation of the access route fill
by the ponding upstream. The small culvert now in the fill may
also cause high velocity flows to exit the culvert and cut into
the fill below the access (small cross-sectional area of the pipe
compresses the flows and increases the flow velocity) . Such bank
saturation and cutting will cause failure of the access and
unnecessary sedimentation in the drainage channel farther
downstream. Such potential damage to this and neighboring
properties is to be avoided.
You and your contractor should work in a cooperative manner to
promptly resolve the problems of ponding and erosion that have
occurred in the past year and as this year's fall and winter
rains arrive. A necessary action is the replacement of the
undersized culvert and placement within the channel in a manner
to continue the natural drainage without ponding (at the level of
the drainage channel on Lot 70) . You should protect the
downslope face of the fill with matting or 'rock to protect from
surface erosion and the runoff out of the culvert. These actions
are typical practices done during grading and filling projects,
as you have noted in the environmental
a checklist for the water
tank project.
If you have other questions, please contact me in the Department
of Community Development at (360) 427-9670 or 275-4467 ext . 365.
Si cerel
Allan Borden, Shoreline Planner
cc: Mr. and Mr. Sayers
Assessor's Tax Parcel ID 223315200070
Legal description of Lot 70 of Collins Lake:
Lot 70, Collins Lake No. 3 as recorded in Volume 6 of Plats, Page 132,
records of Mason County, Washington.
Assessor's Tax Parcel ID 223315200070
Collins Lake Homeowner's Association Water Tank Location
Legal description of Lot 69 of Collins Lake:
Lot 69 of Collins Lake No. 1 as per plat thereof recorded in Volume 6 of
Plats, Page 64, records of Mason County, Washington.
Assessor's Tax Parcel ID 223315200069
EXHIBIT
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'Y •�1/1 r a
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... .; ��� .S^i�s� � ���'•1'�'i+d 's"V�.aQ��°73� x" ;:.}`f ,�"��< }'���� 'i?�au� ;� k _
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/279.48
N89'23'0-6 k/
(,�(? 4/21/20 ,
�' �7 Information Summary 11:33:36A
TC I DOTER SYS,TEAS.R�K �yt Case #: SPI2006-00089
Activity hold_ Updated
Activity Description Date I Date 2 Date 3 Disp Level By Date
SPIA010 Application Received 4/17/2006 4/18/2006 DONE None KS 4/18/2006
SPIA100 Site Inspection 4/17/2006 None KS 4/18/2006
Trans Fees Create Created
Fee Type Description Code Revenue Account No." Date By t
INSP Site Inspection Fee 001.125.145,345.83.04 4/17/2006 KS $205.00
Name Case People Listing
Role Type Address Company Nam
IIoki Ptiu�ai
APL LEONARD SAYERS None Y
121 NE MOUNTIAN VIEW PLACE
TAHUYA,WA 98588
k4 fhj �7;14 �O'V
as ' -�aAw2
1 Inaad'1XI-11 av p -01
, l
loft
InfoSommary..
i
Goodell
C� Law,1Nc., Ps.
Attorneys
April 6, 2006
Mason County Treasurer
P.O. Box 429
Shelton, WA 98584
Re: Pre-Inspection Application
Leonard Sayers & Mary Sayers —Owners
NE 121 Mountain View Place, Tahuya, WA 98588—Site Address
Greetings:
Enclosed please find the original Planning Department Pre-Inspection Application for the above-
referenced matter. Also attached with the application form are Check Numbers 7111 and 8947
in the amount of$200 and $5, respectively.
Please do not hesitate to contact this office with any questions or concerns regarding the
attachments.
Very truly yours,
GOODELL LAW, INC., P.S.
Lay-Hoon Austin
Enclosures
lha
Enclosures: Pre-Inspection Application
Check No. 7111 and 8947
10 NE CREELMAN LANE - P. O. Box 7827 BELFAIR, WASHINGTON 98528
OFFICE: (360)275-9505 FAcslmlLE: (360)275-8398
RECEIVED
DEC 15 2005
2
MCCD - PLANNING
3
4
5
6
7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF MASON
8
9 LEONARD SAYERS,
MARY SAYERS,
1 No. 05-2-00638-6
11 Plaintiff,
12
VS. SUBPOENA DUCES TECUM
13 COLLINS LAKE COMMUNITY CLUB,
INC., a Washington Nonprofit
14 Corporation,
15 Defendants.
1 STATE OF WASHINGTON TO: Allan Borden
17 Shoreline Planner
Mason County Dept. of Community Development
18 Courthouse Building 1
1 411 N. 51n
P.O. Box 578
Shelton, WA 98584
21 YOU ARE HEREBY commanded to appear at Goodell Law, Inc., P.S., 10 NE
22 Creelman Lane, Belfair, Washington, on January 3, 2005, at the hour of 1:00 p.m.,
23 then and there to testify as a witness at the request of the Plaintiffs in the above-entitled
24 action, and to bring with you the following:
25 1. Any and all documents, file, either in written form or electronic
form relating to the attached letter as Exhibit A.
2
Subpoena Duces Tecum- 1 GOODELL LAW, INC., P.S.
10 NE CREELMAN LANE
P.O. BOX 1821,BELFAIR.WASHINGTON 98528
PHONE (360)275-9505 • FAx (360)275-8398
a
I and to remain in attendance until discharged.
2 HEREIN FAIL NOT AT YOUR PERIL
3 DATED this day of December, 2005.
4 GOODELL_LAW, INC., P.S.
5
C. Robert Houle, W BA #30040
Attorney for Plaintiffs
8
1
11
12
13
1
15
1
1
18
1
2
21
22
23
2
25
2
Subpoena Duces Tecum-2 GOODELL LAW, INC., P.S.
10 NE CREELMAN LANE
P.O. BOX 1821,BELFAIR,WASHINGTON 98528
PHONE (360)275-9505 • FAx (360)275-8398
STgTFO GARY YANDO,DIRECTOR
o s DEPARTMENT OF COMMUNITY DEVELOPMENT
U
y� Y �? PLANNING - SOLID WASTE - UTILITIES
0 0~ BLDG. I • 411 N. 51 ST. • P.O. BOX 578
J �
1864 SHELTON, WA 98584 • (360) 427-9670
October 31, 1996 EXHIBIT
ADA Engineering A '
Mr. Robert Gatz
371 NW Lindvig Way
Poulsbo, Washington 98370
RE : Road to Water Tank on Lot 69, Collins Lake
Dear Mr. Gatz:
This letter is to inform you that a road located on Lot 69,
Collins Lake in 1995 to provide an access for a large water
storage tank was placed in a seasonal drainage channel.. This
fill has blocked the natural flows along this channel from six
properties to the east of Lot 69 . Equally important to the ,
improper location of. the access in a seasonal drainage is the
fact that an inadequate 12-inch metal culvert was placed in this
fill by a project contractor.
The issue of the fill should have been addressed by a land
modification (grading) permit, in addition to the building
permit, since nearly 5000 cu. yds. of material was used to fill
an area larger than the tank site and the grading included the
need to fill in the drainage. That work has been done, but the
issue of the inadequate sized culvert still needs to be
corrected. The small size of the culvert creates ponding uphill
of the culvert and has caused flooding and the falling of trees
on the property improvements made by the neighbor (Sayers) .
There is also the threat of saturation of the access route fill
by the ponding upstream. The small culvert now in the fill may
also cause high velocity flows to e, it the culvert and cut into
the fill below the access (small cross-sectional area of the pipe
compresses the flows and increases the flow velocity) . Such bank
saturation and cutting will cause failure of the access and
unnecessary sedimentation in the drainage channel farther
downstream. Such potential damage to this and neighboring
properties is to be avoided.
You and your contractor should work in a cooperative manner to
promptly resolve the problems of ponding and erosion that have
occurred in the past year and as this year's fall and winter
rains arrive. A necessary action is the replacement of the
undersized culvert and placement within the channel in a manner
to continue the natural drainage without ponding (at the level of
the drainage channel on Lot 70) . You should protect the
downslope face of the fill with matting or 'rock to protect from
surface erosion and the runoff out of the culvert . These actions
are typical practices done during grading and filling projects,
as you have noted in the environmental checklist for the water
tank project.
If you have other questions, please contact me in the Department of Community Development at (360) 427-9670 or 275-4467 ext . 365 .
Si cerel
Allan Borden, Shoreline Planner
cc: Mr. and Mr. Sayers
EXHIBIT
Z
�viucn�KkG �
atHu� �pna� c-
Capitol
Please reply to:
Pa c f le 2401 Bristol Court SW
T Olympia WA 98502 ❑
R ep o rtl ng, 1 n C. 901 South I Street#201
Tacoma WA 98405 ❑
Olympia 360.352.2054 Tacoma 253.564.8494 Seattle 206.622.9919 Bremerton 360.373.9032 Aberdeen 360.532.7445 Chehalis 360330.0262
TO: Allan Borden DATE: January 10,2006
Mason County Building R E
CE 11/ E D
P.O. Box 279
Shelton,WA 98584 JAN 12 2006
McGD - PLANNING
FROM: Maria Ray, Court Reporter
RE: Sayers vs. Collins Lake Community Club,Docket No. 05-2-00638-6
NOTICE TO READ & MAKE CORRECTIONS
Enclosed 1s a courtesy copy of your deposition,taken January 3 2006 together with a Correction and
Signature Certificate. Please review the transcript,record any changes, sign and date it, and return
ONLY the completed certificate in the enclosed envelope within 30 days.
After 30 days,the original transcript will be served without signature upon the appropriate representative
of the Court.
cc: C. Robert Houle
Toll Free: 800.407.0148 Fax Olympia: 360.705.6539 Fax Tacoma: 253.564.8483
I
Capitol
. Please reply to:
PILCLC 2401 Bristol Court SW
Olympia WA 98502 ❑
Reporting, Inc. 901 South I Street#201
Tacoma WA 98405 ❑
Olympia 360.352.2054 Tacoma 253.564.8494 Seattle 206.622.9919 Bremerton 360.373.9032 Aberdeen 360.532.7445 Chehalis
360.330.0262
CASE: Sayers v.Collins Lake Community Club
DATE TAKEN: 1/3/2006
DEPONENT: Allan Borden DOCKET NO.: 05-2-00638-6
REPORTER: Maria Ray
CORRECTION & SIGNATURE CERTIFICATE
I, Al wt Pe r_eby certify under pe lty of perjury of the laws of the State of Washington that I have
read my foregoing deposition taken the-Kf day of2'd that to the best of my knowledge the transcript is true and
accurate with the exception of the following corrections:
PAGE LINE CORRECTION
41 Poll
ir
she epwtv-N
6
}
Executed at �;&- , ,Washington on the day of 20
ON.STAT� MASON COUNTY
�P5 c M DEPARTMENT OF COMMUNITY DEVELOPMENT
� O �
S N Z Planning Division
7 N Y ti P O Box 279, Shelton,WA 98584
(360)427-9670
1864
Site Inspection
May 18, 2006
LEONARD SAYERS
P. O. BOX 983
BELFAIR WA 98528
Case No.: SP12006-00089
Parcel No.: 223315200070
Project Description: Evaluate conditions of fill and culvert placed on adjacent
property during water system work in 1995 and 1996.
Dear Applicant
Pursuant to your application, a site pre-inspection (SPI)was performed on your property. Below you
will find comments made regarding the proposed development and its critical values.
In some cases, setbacks for development from shorelines, steep slopes, streams, and wetlands must
be included in your specific proposal; these setbacks are included as part of the comments listed
below.
This information is based on County and State regulations as they exist to date. These regulations
may change and may affect the requirements for development of the subject property.
Please contact me at(360) 427-9670, ext 365 if you have questions.
Sincerely,
Allan Borden
Land Use Planner
Mason County Planning Department
5/18/2006 1 of 3 SP12006-00089
Site Inspection
5/18/2006 Case No.: SP12006-00089
Comments:
Site visit made on April 26, 2006 to note the location and situation
regarding fill and culvert placed on Collins Lake Lot 69 in 1995
and 1996 during water system work (water tank especially). Staff
observed the culvert and fill remains as placed in a seasonal
drainage which provided access to new Collins Lake water tank.
The general observations are that the situation looks much like it
did in the summer and fall 1996 when I wrote a letter to the
engineering company with concerns about the placement of the
culvert and fill. The advice of that October 1996 letter was not
followed up [the actions to take, such as needed adjustments to
the culvert and the fill placed for the road, and potential erosion
downstream by the culvert], and the cautions about holding back
runoff and affecting up-channel properties appear to recur with
subsequent winters' rains.
The seasonal drainage course, which heads from the east (lot 70)
through lot 69 and to the west, has fill in front of the culvert, and
the culvert itself is positioned to block normal runoff that occurred
prior to the fill placement. This placement retains runoff water in
the area of several lots east of this culvert.
The site is well vegetated with large evergreen and deciduous
trees and shrubs adjacent to the drainage and surrounding
properties. The slopes of 8 to 12 percent on the south side of the
property, sloping to the north to northwest down to adjacent
properties. There seems to be an impact in the removal of trees
undertaken during the site preparation for the water tank and
access drive. Trees removed at that time have created an open
area that subjects the properties with tree cover to the east and
west to greater wind impacts and, with the more saturated soils,
produces conditions for trees to fall. This fact is supported by the
property owner information and photos of leaning and fallen trees,
shown to staff at the site visit.
The property is located in the Inholding Lands designation.
Standard building setbacks for this area are a 25-foot front yard or
road setback and 20-foot side and rear line setbacks. These
setbacks are measured from structures that are 30 inches above
grade such as roof overhangs (roof gutters), stairs, balconies,
decks, heat pumps etc. An administrative variance may be
requested to reduce these setback distances from property lines,
to as low as 10 feet (front yard) or 5 feet (side yard), if the size,
shape, or features of the property constrain development from the
proper setbacks. This process requires application and review at
the time of the building permit submittal.
5/18/2006 2 of 3 SP12006-00089
Site Inspection
5/18/2006 Case No.: SP12006-00089
Landslide hazard areas: Due to the less than 15 percent slopes
at the rear of the site, the development of the property would not
require that a geologic study be prepared prior to development
permit review and issuance.
Stream setbacks: The drainage channel observed would not be
considered a type 5 stream, so stream buffers and setbacks
would not be required for further site development. The presence
of an open channel drainage must be considered and integrated
in any development proposal, especially for the residence, septic,
or road improvements. The drainage provides a valuable attribute
to the character of the property (running water, existing trees and
shrubs, and animal habitat for this and adjacent lots).
General process: A site plan, showing all setbacks from property
lines, slopes, drainage, or other improvements will be needed for
building permit application submittal.
County development standards referred to may be obtained from
the County website at http://www.co.mason.wa.us. and then look
for Community Development. If you have any questions please
feel free to call. Thank you.
5/18/2006 3 of 3 SP12006-00089
Revised:0 1/18/06 Y(;'b t �
r MASON COUNTY
PLANNING DEPT. PRE-INSPECTION APPLICATION 1
PLEASE PRINT $205.00 Fee Required
1. Owner: Leonard Sayers& Mary Sayers Applicant: Leonard Sayers& Mary Sayers
Site Address: NE 121 Mountain View Place Applicant Address: NE 121 Mountain View Place
Owner Address: Same as above. City: Tahuya St: WA Zip: 98588
City:_Tahuya St: WA Zip: 98588 Phone 36 .275.7936(day)
Phone: 360.275.7936(day) ��j�Q Qg 3 Lr Qts�Z�
Phone: Same as above(evening) Planner: Allen Borden
Email Address: N/A SNIP Comp. Plan Type of Use: Residential
Water Body
2. Parcel No.22331-52-00070 RECEIVED
Parcel No.22331-52-00069 K
Legal Description:Please see Exhibit B,legal description of the above-referenced parcels. APR 18 2006
3. Purpose of Pre-Inspection: I have attached Allen Borden's initial report(Exhibit A)f&AAfiQNieQOAdNTY
per my conversation with him we are asking that he reviews these sites to inspect the continuing
violations.
4. Use of building: Water tank for community water system.
5. Do any of the following exist on or adjacent to property?: slope W saltwater lake river
pond (X) wetland (X) seasonal runoff N other stream seasonal creek N
2
Directions to Site: See Exhibit C, printout from mapquest.com.
If the information is incomplete,then Mason County must disclaim any errors resulting from deficiencies in the
original application. Pre-inspection reports remain valid only until development changes occur in the vicinity which
affect the lot eval0ated in this inspection,or the laws regulating development of the site change after the time of
inspection.
Applicant Signature: ��--
PP g Date: ,3
If you would like to be on site during inspection,please check here:
Return application to: Department of Community Development, Planning Division RECEIVED
P.O. Box 186
Shelton, WA 98584
(360)427-9670 APR 2 2006
Please include a$205.00 check or money order payable to Mason County Treasurer MASON COUNTY
When completed,this form becomes part of the parcel file.
FOR OFFICE USE ONLY: Accepted by: Date:
MORE ON BACK SIDE
Please illustrate below the proposed building site in relation to critical areas(slopes, streams, lakes, wetlands,
etc.) existing improvements, as well as property lines. APPLICATIONS SUBMITTED WITHOUT
ADEQUATE ILUSTRATIONS WILL NOT BE ACCEPTED AND WILL BE RETURNED TO THE
APPLICANT.
Cis
Departmental Review
(For Office Use Only)
Planning Department Findings:
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GARY YANDO,DIRECTOR
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o S o DEPARTMENT OF COMMUNITY DEVELOPMENT
0 T z PLANNING - SOLID WASTE - UTILITIES
ZOO N Y oy BLDG. I • 411 N. 51 ST. • P.O. BOX 578
J 1864 � •SHELTON, WA 98584 (360) 427-9670
October 31, 1996
EXHIBIT
ADA Engineering
Mr. Robert Gatz
371 NW Lindvig Way
Poulsbo, Washington 98370
RE: Road to Water Tank on Lot 69 , Collins Lake
Dear Mr. Gatz:
This letter is to inform you that a road located on Lot 69,
Collins Lake in 1995 to provide an access for a large water
storage tank was placed in a seasonal drainage channel. This
fill has blocked the natural flows along this channel from six
properties to the east of Lot 69 . Equally important to the
improper location of the access in a seasonal drainage is the
fact that an inadequate 12-inch metal culvert was placed in this
fill by a project contractor.
The issue of the fill should have been addressed by a land
modification (grading) permit, in addition to the building
permit, since nearly 5000 cu. yds. of material was used to fill
an area larger than the tank site and the grading included the
need to fill in the drainage. That work has been done, but the
issue of the inadequate sized culvert still needs to be
corrected. The small size of the culvert creates ponding uphill
of the culvert and has caused flooding and the falling of trees
on the property improvements made by the neighbor (Sayers) .
There is also the threat of saturation of the access route fill
by the ponding upstream. The small culvert now in the fill may
also cause high velocity flows to exit the culvert and cut into
the fill below the access (small cross-sectional area of the pipe
compresses the flows and increases the flow velocity) . Such bank
saturation and cutting will cause failure of the access and
unnecessary sedimentation in the drainage channel farther
downstream. Such potential damage to this and neighboring
properties is to be avoided.
You and your contractor should work in a cooperative manner to
promptly resolve the problems of ponding and erosion that have
occurred in the past year and as this year's fall and winter
rains arrive. A necessary action is the replacement of the
undersized culvert and placement within the channel in a manner
n2i:y.i9G� �r.�
to continue the natural drainage without ponding (at the level of
the drainage channel on Lot 70) . You should protect the
downslope face of the fill with matting or rock to protect from
surface erosion and the runoff out of the culvert. These actions
are typical practices done during grading and filling projects,
as you have noted in the environmental checklist for the water
tank project.
If you have other questions, please contact me in the Department
of Community Development at (360) 427-9670 or 275-4467 ext . 365 .
Si cerel
Allan Borden, Shoreline Planner
cc: Mr. and Mr. Sayers
Assessor's Tax Parcel ID 223315200070
Legal description of Lot 70 of Collins Lake:
Lot 70, Collins Lake No. 3 as recorded in Volume 6 of Plats, Page 132,
records of Mason County, Washington.
Assessor's Tax Parcel ID 223315200070
Collins Lake Homeowner's Association Water Tank Location
Legal description of Lot 69 of Collins Lake:
Lot 69 of Collins Lake No. 1 as per plat thereof recorded in Volume 6 of
Plats, Page 64, records of Mason County, Washington.
Assessor's Tax Parcel ID 223315200069
EXHIBIT
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— .00* uI ? Information Summary 11:33:36A
T I D E M A R K ( - Case #: SPI2006-00089
COMPUTER SYSTEMS, INC. to
Activity Hold Updated
Activity Description Date 1 Date 2 Date 3 Disp Level By Date
SPIA010 Application Received 4/17/2006 4/18/2006 DONE None KS 4/18/2006
SPIA100 Site Inspection 4/17/2006 None KS 4/18/2006
Trans Fees Create Created Amt.
Fee Type Description Code Revenue Account No. Date By Due
INSP Site Inspection Fee 001.125.145.345.83.04 4/17/2006 KS S205.00
Case People Listing
Role Type Name Address Company Name Hold Primary
APL LEONARD SAYERS None Y
121 NE MOUNTIAN VIEW PLACE
TAHUYA, WA 98588
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0
Allan Borden
Sayers v. Collins Lake Community Club
I
1 SUPERIOR COURT OF WASHINGTON FOR MASON COUNTY
2
3 LEONARD SAYERS , MARY ) No . 05-2-00638-6
SAYERS , )
4 )
Plaintiffs , )
5 )
vs . )
6 )
COLLINS LAKE COMMUNITY )
7 CLUB, INC . , a Washington )
Nonprofit Corporation, )
8 )
Defendants . )
9
10 DEPOSITION UPON ORAL EXAMINATION OF
11 ALLAN BORDEN
12
January 3 , 2006
13 Belfair, Washington
14
Taken Before:
15
Maria I . Ray, CCR # 2033 , RPR, CCR
16 Registered Professional Reporter
of
17 CAPITOL PACIFIC REPORTING, INC .
901 South I Street, Suite 201 , Tacoma, WA 98405
18 Tel (253) 564-8494 Fax (253) 564-8483
Toll Free (800) 407-0148
19
Olympia, WA Seattle , WA Aberdeen , WA
20 (360) 352-2054 (206) 622-9919 (360) 532-7445
21 Chehalis , WA Bremerton , WA
(360) 330-0262 (360) 373-9032
22
23
www. capitolpacificreporter . com
24 courtreporters@callatg. com
25
.lanuary 3, 2006
('apitol Pacific Reporting;, Inc.
1
r
Allan Borden
y
Sayers v. Collins Lake Community Club
2 4
1 APPEARANCES 1 11 1-page Drawing 21 21
2 2
3 FOR THE PLAINTIFFS: ROBERT HOULE 3
GOODELL LAW, INC., P.S.
4 10 NORTHEAST CREELMAN LANE 4
P.O. BOX 1821 5
5 BELFAIR,WA 98528 6
PH: (360)275-9505 7
6 FAX: (360)275-8398 8
E-MAIL:CRH@WAVECABLE.COM
7 9
ALSO PRESENT: MARK LEINGANG 10
8 11
9 12
10 13
11 1
12 4
13 15
14 16
15 17
16 18
17 1
18 9
19 20
20 21
21 22
22 23
23
24 24
24
25 25
1 EXAMINATION INDEX 1 BE IT REMEMBERED that on Tuesday,January
2 2 3, 2006, at 10 Northeast Creelman Lane, Belfair,
3 BY EXAMINATION RE-EXAMINATION
4 Mr.Houle 5 3 Washington,at 1:23 p.m., before MARIA I. RAY, Notary
5 4 Public in and for the State of Washington, appeared
6 7 5 ALLAN BORDEN,the witness herein;
8 6 WHEREUPON, the following proceedings were
9 EXHIBIT INDEX
10 7 had, to wit:
11 EX.NO. DESCRIPTION MARKED IDENTIFIED 8
12 1 1-page Colored 5 17 9 (Exhibit Nos. 1 through 9 marked for identification.)
Photograph
13 10
2 1-page Colored 5 16 11 ALLAN BORDEN, having been first duly
14 Photograph sworn by the Notary,
15 3 1-page Colored s 17
Photograph 12 testified as follows:
16 13
4 1-page Colored 5 17
17 Photograph 14
18 5 2-page Letter to 5 7 15 EXAMINATION
Robert Gatz from
19 Allan Borden 16 BY MR. HOULE:
20 6 6-page Building 5 14 17 Q My name is C. Robert Houle, and I represent the
21 Permit Application 18 plaintiffs in this matter,the Sayers.
7 1-page Map 5 19 Mr. Borden, hi. How are you?
22 20 A Good afternoon.
23 8 1-page Map 5 18 21 Q Good afternoon. Mr. Borden, do you mind if Mr. Leingang
9 1-page Letter to 5 14 22 is in the room? He is our engineering expert.
24 Bob Gatz from 23 A I don't mind.
Leonard Sayers
zs 24 Q Okay. Thank you. And it was your choice to come here
10 1-page Drawing 21 21 25 today without counsel?
2 (Pages 2 to 5)
January 3, 2006
Capitol Pacific Reporting, Inc.
Allan Borden
Sayers v. Collins Lake Community Club
0
1 A Yeah, it was. I mean,I was not going to come and then 1 and when did you write the letter? How much gap in time
2 T.J. Martin,who is the deputy prosecuting attorney,on 2 was there? Do you recall? I know it was--
3 Thursday said, "Well,I'd like to come,"and then this 3 A Not exactly, but it was probably less than a couple of
4 morning he said he had too many other obligations to 4 weeks, so it would probably have been in mid October.
5 come,so... 5 Q Okay. And at what stage was the water tank project in
6 Q Okay. All right. And I just want to tell you that the 6 when you went out there?
7 deposition is not about intimidating you or attacking 7 A Well,as far as I know,the tank was already installed,
8 you or any of those things,so if you feel 8 and I think they even got a building permit for a pump
9 uncomfortable, need to go to the bathroom,need 9 house nearby,so...
10 something to drink,just let us know,and we'll take a 10 Q And was the pump house installed as well?
11 break. 11 A I believe it was,yeah.
12 A Okay. 12 Q Okay. And was the road graded and complete?
13 Q There are some times when I can't just stop and take a 13 A It appeared to be complete,yes. It was graded and
14 break,when we're in the middle of a point or phrase or 14 probably had gravel on it.
15 question or those kinds of things, but I want you to 15 Q Okay. And so in your opinion,the project out there
16 know that,you know, most of the time we can accommodate 16 was--was complete, was finished?
17 those things;you just need to ask. 17 A It appeared to be,yes.
18 A Sure. 18 Q Okay. Go on.
19 Q I don't want you to feel uncomfortable. That's the main 19 A And when I observed --what I observed was that it
20 thing. 20 looked like an easy fix. They would just have to either
21 What is your occupation? 21 put a larger culvert in or put an additional culvert in
22 A Well,I'm a planner for Mason County,Washington. 22 to relieve that backup of water.
23 Q And how long have you done that? 23 Q Okay. Now,when you talk about the backup that you
24 A 14 and a half years. 24 noted in your--in your letter, what are you talking
25 Q Okay. And I'm handing you what's been marked as Exhibit 25 about there? Can you explain specifically that issue?
7 v
1 No. 5. 1 A Well, basically the area from Mountain View Road goes
2 A Uh-huh. 2 down a little bit and from back-- I guess it would be
3 Q Do you recognize what that is? 3 Belfair-Tahuya Road, it also comes down. In the rear of
4 A It's a letter that I wrote in October 1996. 4 several of these properties is a low area,and then it
5 Q Okay. And why did you write that document? 5 drains--I guess it would be sort of northwest,
6 A Well, I wrote this document because basically the 6 west/northwest past this area.
7 Collins Lake development was improving their water 7 And when--water from rainfall would normally flow
8 system, and they installed a water tank in this portion 8 on the surface down this drainage, and when they put
9 of Collins Lake. And they put in an access road from 9 the--the fill in and -- and the culvert,water was
10 the --I guess it would be the county road. I think 10 actually backing up and literally we're walking to calf
11 it's Mountain View, put in an access road back to the 11 level in water. It was not moving,you know.
12 tank. 12 Q Did you--did you physically see the water backing up,
13 And in doing so,they brought in fill, brought the 13 or was that something that was relayed to you by
14 road level up and crossed a couple of seasonal 14 somebody else?
15 drainages, at least one that I can recall,so... 15 A Well,I mean,I walked around in it,and it--and it
16 Q Okay. 16 seemed to me that it wasn't really a stream channel,so
17 A So I -- I went out there. I'm trying to--I probably 17 it would seem to be uncommon that water would be
18 went out-- I mean,this is going back over nine 18 standing in place.
19 years--went out on -- in response to a concern of 19 Q Okay. So let me just clarify your statement a little
20 Mr. Sayers and went out and looked and verified that 20 bit. Your--your statement is you physically went out
21 indeed water was being backed up from the fill. 21 to the site,the water was ponding and you had to walk
22 They'd put a culvert in. It was being backed up on 22 through it,and it was ankle deep; is that correct?
23 the properties that are slightly upslope from the fill. 23 A Uh-huh.
24 Q And in coordination (sic)to that letter or in 24 Q So that is something you personally witnessed,then?
25 correlation to that letter,when did you go out there 25 A Right.
(P' Iucs0to9)
January 3, 2006
Capitol Pacific Reporting, Inc.
Allan Borden
Sayers v. Collins Lake Community Club
10 12
1 Q I just wanted to clarify. 1 cover sheet that just showed that--you know,that the
2 A Yeah. And I put in my letter that I thought impounding 2 homeowners association did apply for,as part of their
3 water like that might even threaten the road; it would 3 construction permit,an environmental checklist. They
4 saturate the fill,and if they drove on it in their 4 submitted an environmental checklist.
5 normal business,it might in fact cause an impact to 5 Primarily it had to do with the scope of the project
6 their access. 6 and the amount of material that involved being moved,
7 Q So you had had some pretty substantial concerns about 7 so...
8 that water backing up. And was it your opinion that the 8 Q Okay. All right. And did you have a copy of that
9 culvert was installed improperly,then? 9 environmental checklist?
10 A Well,I don't think they--it was improper in the way 10 A No,I didn't.
11 that it was conveying water. It was--water was not 11 Q Okay.
12 moving through the area as it normally had; it was 12 A I--
13 backing up. 13 Q And so that--
14 And it was also--since the culvert was small,when 14 A That may in fact be in our archives located in another
15 you--when you have water that goes through a culvert 15 building.
16 and there's a high amount of water above the level of 16 Q Okay. And who would you contact in regards to the
17 the culvert,it tends to push that water through so in 17 archives?
18 fact not only do you have saturation of the fill,you 18 A Well,my department. I mean,I could have done it.
19 have erosion from--on the downstream side of the 19 Q Okay. All right. Well,we--we asked for all of those
20 culvert that very well could eat back on the--on the 20 documents relating to it,so--in our subpoena, but is
21 fill on the downhill side and destabilize the culvert. 21 there a way to make those documents available to us to
22 So that's another point that I-- 22 copy at some time?
23 Q Okay. Who did you convey these things to? I mean, 23 A Yeah,I can--I can do that,yeah.
24 obviously you wrote that--who did you write that 24 Q Okay. All right. And how should we set that up with
25 letter to? 25 you?
11 13
1 A I wrote it to--I believe it was the project engineer 1 A Well,I mean,if there--I could--I can just go
2 for A.D.A. Engineering in Poulsbo,and he--that 2 locate the record. We've got a box of all of the
3 company was the contractor,at least the engineering 3 environmental checklists,and I suspect that they're in
4 aspect. They sort of--you might say shepherded the 4 there in number order,and I can pull it out.
5 project. They were the engineer that was in charge of 5 Q Would there be correspondence in that same box in
6 getting the project installed. 6 relation to this with the--
7 Q Okay. And what was their response to your letter? 7 A Sometimes letters of comments are attached to the
8 A I--I don't have--I could not--I did not have-- 8 environmental checklist.
9 well,I couldn't find any response. And since that was 9 Q Okay. All right. Well, let's continue with our
10 more than nine years ago, I'm not sure if they even 10 deposition,and I will--
11 telephoned me to respond to it. 11 A Yeah,see,I didn't know the scope of--of the case,
12 This was sort of a courtesy letter to them saying, 12 and--and so I--I didn't know how much delving I
13 "Hey,you don't--you do really need a permit to cover 13 should--
14 something that--fill in an area that was just a 14 Q And that's okay. Our subpoena calls for those
15 seasonal drainage, but I'm telling you,"--I'm 15 documents,and so,you know,if this--
16 paraphrasing. "I'm telling you there is a potential 16 A If this had been--if the work that the engineer did
17 problem with what you've done and this is the way to 17 would have required a special permit,I would have--I
18 resolve it." 18 would have said,"Oh,that requires this kind of
19 It wouldn't have required--probably wouldn't have 19 permit,"and I would have gotten a copy of it.
20 required a permit in 1996. 20 Q Okay. So how did you follow up on this letter, if any
21 Q And is--we-- in our subpoena duces tecum that we sent 21 at all? We may have already--
22 out to you,we asked for documents. Are there any 22 A Well,I looked in our legal file. And all --there was
23 documents in your office,or have you brought any 23 a building permit for the pump house. There was a
24 documents with you in regards to this case? 24 building permit for the reservoir tank.
25 A No. The only thing I brought was--I brought a supra 25 Q Let me--let me just interrupt you there. Is that
4 (Pages 10 to 13)
January 3, 2006
Capitol Pacific Reporting, Inc.
Allan Borden
Sayers v. Collins Lake Community Club
14 16
1 looking like the building permit you're talking about? 1 A I'm not aware that anyone has.
2 I've just handed you Exhibit No. 6. 2 Q Okay. And you wouldn't be required to do that by what
3 A Right. This is a building permit from 1995 for the pump 3 you were just telling us,because there was no permit
4 house and one in 1995 for the water storage tank. 4 required?
5 Q Okay. And you had mentioned earlier that there was some 5 A That's correct,yeah.
6 correspondence from my client. Did you ever see a copy 6 Q Okay.
7 of this letter? I'm handing you what's marked as 7 A I mean,if--if the problem persisted,you know,if I
8 Exhibit 9. 8 was alerted again,"Well, 12 months ago you wrote this
9 A I can't recall if I seen that before. 9 letter,and I don't see anything has been done," I
10 Q Okay. All right. Let me--we were on--on your 10 probably would have followed it up, because I was--I
11 follow-up on it,you said you looked in the legal file 11 was the current planner for that portion of the county
12 and there wasn't anything on there? 12 on the Tahuya Peninsula until November 2000. So
13 A No. 13 normally complaints would have been referred to me.
14 Q What else? 14 Q Okay. And did you have any e-mail contact with Mr.Gatz
15 A And I looked in my own personal files because sometimes 15 at all? Do you recall,or was that--
16 I--I include copies of things that I've sent,and I 16 A I don't think I did.
17 didn't even locate this letter with any notes that would 17 Q Okay. Would those e-mail files exist somewhere if you
18 have been attached to it,so... 18 did from back then or is that something--
19 Q Okay. And do you remember having any contact with the 19 A County policy: If you want a copy of an e-mail,you
20 Collins Lake Community Club themselves,any of their 20 print it because it will be deleted from--we hardly
21 representatives outside of Mr. Gatz? 21 get--I think we get two months to keep it if we don't
22 A Well,I probably did have a conversation by telephone 22 erase it ourself,so...
23 with Mr.Sayers. 23 Q Okay. Let me show you what's been marked as Exhibit No.
24 Q Okay. 24 1,2,3 and 4. First,I'll show you Exhibit No. 1. Do
25 A That's--I believe he's the one that initiated my 25 you recognize that at all?
15 17
1 examination of this situation. 1 A Well,it appears to be the--it looks like the vicinity
2 Q And was there anybody else out there on the property 2 of the road with water backed up in the upper photo,
3 when you went out to do your inspections? 3 and--
4 A I don't believe there was. 4 Q And is that the road that we've been talking about?
5 Q Okay. So it was just you alone out there,or were you 5 A It appears that photo is taken from the road facing east
6 with Mr. Sayers,or--I know, nine years. 6 towards the Sayers'property. It kind of looks like the
7 A I don't--I don't think he was there. I think I mainly 7 terrain.
8 did correspondence by telephone-- 8 Q Okay. And I'm showing you Exhibit No.4. Do you
9 Q Okay. 9 recognize that?
10 A --so... 10 A This looks like the approach to the reservoir.
11 Q And--and who was that primarily with by telephone? 11 Q Okay. And when you say"the reservoir,"what reservoir
12 A Mr.Sayers. I don't think I ever--well,I probably 12 is that? Could you clarify that?
13 talked to Mr.Gatz,thinking about it,and said,you 13 A That's the water tank for the Collins Lake water system
14 know,"I had concerns about the installation and the 14 there. This was installed as part of that project in
15 road." 15 195.
16 Q Okay. And so if the problem was corrected or not--you 16 Q And that's in reference--and your letter references
17 don't have knowledge of whether the problem was 17 that project;is that correct?
18 corrected,then, right? 18 A Right.
19 A I don't have any knowledge if it was corrected. 19 Q Okay. I'm showing you what's been marked as Exhibit
20 Q And you haven't done any site visits after you wrote the 20 No. 3. Do you recognize that?
21 letter to see if it was corrected? 21 A Well,let's see. I mean,this--this is the
22 A I don't believe I did. 22 drainage--I mean,this is the culvert that I had
23 Q Okay. All right. And has anybody in your department or 23 concerns about. I don't know if it's the downhill side
24 from the County gone out there and inspected to see 24 of it or the uphill side of it.
25 since you wrote the letter? 25 Q Okay. But you recognize the culvert itself
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Capitol Pacific Reporting, Inc.
I
Allan Borden
Sayers v. Collins Lake Community Chub
is 20
1 A Right. 1 And these lots are deep,and so they put a road in
2 Q --the area? 2 to get back to the--the topography is higher up here,
3 Okay. And there's definitely a downhill and uphill 3 and it's a little higher here,and it's low in here. So
4 side to that culvert? 4 they put a road across here.
5 A Yeah. 5 The reservoir is sitting a little higher on the hill
6 Q And then Exhibit No. 2, do you recognize that? 6 to get the elevation that they typically need,and so
7 A Not--not--I mean, it's small trees that have fallen. 7 the driveway in there is crossing this low area. It
8 Probably the wind has broken these trees or at least 8 actually crosses several properties off of Mountain
9 pulled them over into a building. I don't know whose 9 View.
10 building it is,but it must be a building that's nearby. 10 And so if I go back to this drawing--so we're
11 Q All right. And I don't know if you--handing you 11 looking at this area here. So,you know,the original
12 what's marked as Exhibit No.8,have you ever seen that 12 topography dips down not all that much. Maybe minus
13 drawing before? Do you recognize it? 13 three feet,and they've--they've brought the fill in,
14 A Well,I mean,this is a portion of Collins Lake,one of 14 and they put a culvert somewhere in--halfway up. So
15 the divisions. I mean, it appears to be the site plan 15 this is all fill.
16 for at least the water connections to that portion of 16 Q Okay. And what gave you--looking at what you just
17 the water system. 17 drew,what gave you concerns about that?
18 I'm not sure if I really see--let me turn it 18 A Well,evidently the water running off of these area--
19 around here. If the notes talk about--yeah,well, 19 these lots here and collecting in the lower area,and it
20 yeah,that's--I mean,this--this shows a 20 typically would flow off-site because there's a big
21 configuration of the lots and Mountain View and this 21 wetland down in this area.
22 little cul-de-sac. 22 So--so by putting--basically putting fill in
23 Q And have you ever seen Exhibit 8 in relation to the 23 there,they cut off that natural drainage. And my
24 project that you described in your letter? 24 concern--since it wasn't that large of a height of
25 A No,I don't think so. 25 fill,I didn't think that it would,you know--it would
19 21
1 Q Okay. I'll take that one back from you. Okay. 1 only affect a portion of the property.
2 So--and I know this is going to be very difficult 2 And the thing is it just looked like it was going to
3 for you to do after all this time. If you will please 3 cause further problems. Because I can't recall how wide
4 try,I'd appreciate it. Can you draw just roughly and 4 this is. It was probably 60 to 80 feet across.
5 explain how the fill was used at that project site and 5 Q And--and in your letter,you referenced 5,000--or--
6 what gave you concern about that? 6 yeah,5,000 cubic yards of material. Is that the area
7 In other words,how the--how the topography went, 7 where that was used,or is that all of the tanks--
8 maybe in a side view,and then where they put the fill 8 A Yeah,I--it must have--I must have approximated how
9 in and explain it as you're going along. 9 much material there was. That's probably the whole--
10 A You want a profile or sort of a-- 10 Q The whole thing coming in?
11 Q Yeah,kind of a profile,kind of from the side,if you 11 A The whole length.
12 could. 12 Q Okay. All right.
13 A Yeah. I mean,the--basically the road--the road 13 MR. HOULE: So let me have these two
14 came in on--the existing topography wasn't exactly 14 things marked real quick and we can talk about it in a
15 flat,but the existing topography went down and back up, 15 little more depth.
16 so the reservoir is on this side. 16 (Exhibit Nos. 10 and 11 marked for identification.)
17 Q And where-- 17
18 A This is--this is--boy,it has been a while. Well, 18 Q (By Mr. Houle) Okay. So now looking at Exhibit No.
19 can I look at that drawing that you showed me before? 19 10__
20 Q I can't let you look at it. Sorry about that. 20 A The cross section?
21 A Well,see,my memory is that you have--you have 21 Q The cross section,right. Is that where--you
22 Mountain View and the cul-de-sac. Let's do it here. 22 mentioned that that is--maybe we better look at
23 And these lots are splitting off on the cul-de-sac, 23 Exhibit No. 11. I'm sorry about that. We'll shift over
24 so--and then there's--so this is Mountain View. And 24 here.
25 this is Collins Lake Drive. 25 In that,you noted that water flew in this--it
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Sayers v. Collins Lake Community Club
22 24
1 flowed in this section on a normal seasonal basis 1 Q Okay. And was there any wetland on Mr. Sayers' property
2 unimpeded prior to the road? Is that your estimation? 2 at that time?
3 A Yeah. 3 A No. I re--what I recall is water,you know, ponding
4 Q Okay. In which direction did it go in,in your 4 on the property,but it was otherwise salal and --and
5 estimation? I mean,which was the flow of the water 5 huckleberry.
6 before the road went in? 6 Q Okay. And why is that important? Why would salal and
7 A Well,if--if I have my bearings right,the cul-de-sac 7 huckleberry be important in your assessment?
8 at the end of Mountain View,if that was west,then the 8 A Because typically they don't grow in wetlands,so this
9 water would be flowing sort of in a northwest 9 is it. So what I--what I surmised was I was seeing
10 orientation. 10 water that was not acting as it had in the past. It was
11 Q So northwest to southwest, is that the way-- 11 being retained on the property longer than it normally
12 A No. From Southeast to northwest. 12 would have been.
13 Q Southeast to northwest? 13 Q And would the effect of that over time potentially, in
14 A Uh-huh. 14 your opinion, be--create a wetland? Could that create
15 Q And is it safe to say that when you looked at the 15 a wetland over time?
16 situation that was occurring out there,that the road 16 A It--it could. I mean,I'll say the initial shrubs
17 and the culvert had impeded that natural flow? 17 would probably die,and then over a period of time
18 A Yeah,because the--the untouched natural grade 18 probably--well,some of the easy opportunist plant
19 actually created a low area just uphill of--of where 19 seeds might come in,things like,oh,spirea and sedges
20 the fill was. 20 would come in.
21 Q Okay. And was part of that low area located on the 21 They--they have really fine seeds,so they
22 Sayers'property? 22 germinate fairly quickly in a place that is wet long
23 A Yeah. Yeah,because I mean,that--I walked around and 23 enough and--during the time--
24 there was water on that property and probably the 24 Q And when you were out there, did you notice any
25 property further east-- 25 transition on the Sayers' property like that occurring?
23 25
1 Q Okay. 1 A No.
2 A --as well. 2 Q Okay. All right.
3 Q Okay. 3 A I recall struggling through the shrubs and seeing that
4 MR. HOULE: Let's go off the record for a 4 it was really wet in there.
5 second, take a break. 5 Q All right. Okay. And then could you tell me how long
6 (Pause in proceedings.) 6 you've--how long you've been in your profession, not
7 7 counting your County time?
8 Q (By Mr. Houle) We're back on the record now. And I had 8 A Well,which profession? I was a wildlife biologist in
9 asked you earlier if you had contacted Mr. Gatz after 9 Arizona for seven years,from --basically from 1977 to
10 you had written the letter to see if there was anything 10 1984,went and got a master's degree in--well, it was
11 done to fix the problem. 11 actually a field of hydrology,stream flood damage
12 Did you contact the contractors that were involved 12 reduction.
13 out there? Do you recall that? 13 And then I got a job for a year with Lincoln County
14 A I don't think I did. 14 Oregon,and then I came to Mason County in August o
15 Q Okay. And, again,we're talking after you wrote the 15 191.
16 letter to see if a fix had occurred. 16 Q Okay. All right. And is your master's degree your
17 And what about the board of the Collins Lake 17 highest degree, or do you have other degrees?
18 Community Club? Anybody from the board? Did you have 18 A That's--that's my highest degree. I have a master's
19 any contact with them? 19 degree in natural resource planning. I have a
20 A I can't recall that I did, no. 20 bachelor's in science and biology, and I almost got a
21 Q Okay. And we had talked--and I'm going to go back to 21 second degree in wildlife management,so...
22 Exhibit 11 now. You had mentioned there was a wetland. 22 MR. HOULE: Anything else?
23 Could you show me where the wetland was? 23 MR. LEINGANG: No, I think that's it.
24 A Well, it would be further down from the cul--yeah, 24 MR. HOULE: Okay. I think we're done.
25 from the cul-de-sac,further northwest. 25 Thank you very much.
7 (Pages 22 to 25)
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Sayers v. Collins Lake Community Club
26
1 (Signature reserved.)
(Deposition concluded at
2 2:04 p.m.)
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1 CERTFICATE
2
STATE OF WASHINGTON )
3 )
COUNTY OF PIERCE )
4
5 This is to certify that I, Maria I. Ray,Certified
6 Court Reporter and Notary Public in and for the State of
7 Washington,residing in Puyallup,Washington,reported
8 the within and foregoing deposition;said deposition of
9 ALLAN BORDEN,was taken before me as a Notary Public on
10 January 3,2006;that the witness was first by me duly
11 sworn;that said examination was taken by me in
12 shorthand and thereafter was transcribed under my
13 direction;that the same is a full,true and complete
14 transcript of the testimony of said witness,including
15 all questions,answers,objections,motions and
16 exceptions,if any,by counsel.
17 I further certify that I am not a relative,
18 employee,attorney or counsel of any of the parties to
19 this action,nor am I financially interested in the said
20 action or the outcome thereof.
21 IN WITNESS WHEREOF,I have hereunto set my
hand and affixed my official seal this day of
22 2006.
23
24 Notary Public in and for the State
of Washington,residing in Puyallup,
25 Washington.
Maria Ray,CCR#2033.
8 (Pages 26 to 27)
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A assessment 24:7 C 5:17 27:1,1 14:6 16:19 deputy 6:2
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January 3,2006
Capitol Pacific Reporting,Inc.
Allan Borden
Sayers v.Collins Lake Community Club
Page 31
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January 3, 2006
Capitol Pacific Reporting,Inc.