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Home My WebLink About10 Telegin Law CommentsDonna Frostholm From: Bryan Telegin <bryan@teleginlaw.com> Sent: Thursday, March 27, 2025 3:52 PM To: Donna Frostholm; DCD Front Staff Subject: Re: Comments on SDP2023-00020—Type II Land Use Application by Richard Rathvon at 660 Twana Way, Quilcene, Washington Attachments: 2025 03 27 Comment on SDP2023-00020 and RBLD2024-00109.pdf ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Dear Ms. Frostholm, Attached, please find additional comments on SDP2023-00020 and RBLD2024-00109 submitted on behalf of John DiMaggio and Michelle Oliver. If you have trouble opening the attachment, please let me know. -Bryan Telegin Bryan Telegin Telegin Law pllc 175 Parfitt Ave SW, Suite N270 Bainbridge Island, WA 98110 Tel: 1.206.453.2884, ext. 101 Email: bryan@teleginlaw.com http://teleginlaw.com This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information If YOU are not the intended recipient, any dissemination, distribution or copying of this message is prohibited If you have received this message in error, please contact the sender by reply e-mail message and destroy all copies of the original message, including any attachments From: Bryan Telegin <bryan@teleginlaw.com> Date: Friday, September 27, 2024 at 10:23 AM To: "dfrostholm@co.jefferson.wa.us" <dfrostholm@coJefferson.wa.us>, "dcd@coJefferson.wa.us" <dcd @co.jefferson.wa.us> Subject: Comments on SDP2023-00020—Type II Land Use Application by Richard Rathvon at 660 Twana Way, Quilcene, Washington Dear Ms. Frostholm and DCD, Attached, please find comments submitted on behalf of my clients, John DiMaggio and Michelle Oliver, concerning SDP2023-00020, a Type 11 Land Use Application by Richard Rathvon at 660 Twana Way, Quilcene, Washington. Please confirm receipt. Please also add my email address (bryan@teleginlaw.com) to the county's service list for all future decisions relating to this application. Thank you, -Bryan Telegin Counsel for John DiMaggio and Michelle Oliver Bryan Telegin Telegin Law PLLc 175 Parfitt Ave SW, Suite N270 Bainbridge Island, WA 98110 Tel: 1.206.453.2884, ext. 101 Email: bryan@teleginlaw.com http://teleginlaw.com This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, any dissemination, distribution or copying of this message is prohibited. If you have received this message in error, please contact the sender by reply e-mail message and destroy all copies of the original message; including any attachments TELEGIN �, Law March 27, 2025 VIA E-MAIL ONLY TO dfrostholm@,co jefferson. wa. us Jefferson County Department of Community Development Attn: Donna Frostholm, Associate Planner 621 Sheridan Street Port Townsend, WA 98368 Re: Additional Comments on SDP2023-00020—Type II Land Use Application by Richard Rathvon at 660 Twana Way, Quilcene, Washington —and RBLD2024-00109 (Related Building Permit) Dear Ms. Frostholm: I represent John DiMaggio and Michelle Oliver who reside at 161 Twana Way in Quilcene, Washington (Jefferson County Parcel No. 701153020). Through this law firm, Mr. DiMaggio and Ms. Oliver previously submitted comments on the above -referenced shoreline conditional use permit on September 27, 2024. Please consider these additional comments on the Rathvon shoreline permit, and also on the related building permit (RBLD2024-00109). A. Failure to Provide Slope Stability and Surface Erosion Assessment of Twana Way As discussed in our prior comments, a major concern with this project is the ability of Twana Way —a narrow, steep, unpaved, primitive road —to support heavy equipment and construction traffic without damage to the environment. On September 27, 2024, we provided a geotechnical review by Crescent Environmental, LLC, which concluded that the Applicant's geologic hazard assessment should have included a slope stability and surface erosion assessment of Twana Way. On November 6, 2024, Jefferson County requested that the Applicant provide an updated geologic hazard assessment, responding to the concerns raised by Crescent Environmental. The Applicant subsequently submitted an updated geologic hazard assessment on January 30, 2024 (dated November 14, 2024). Regrettably, the Applicant's updated geologic hazard assessment still does not include a slope stability or surface erosion assessment of Twana Way. While the new report contains passing references to Twana Way, there is no assessment of the impact of increased heavy equipment and construction -related traffic on the road. Nor does the new report appear to evaluate any portion of the road outside the project site, despite that construction equipment and construction -related traffic will need to travel the entire length of Twana Way to reach the site of the proposed single- family residence. In sum, Crescent Environmental's comment (quoted below) still has not been addressed. This issue of significant concern to the local community that relies upon Twana Way for access to their homes. The County should specifically require a geologic hazard assessment and surface erosion Telegin Law PLLc 1 175 Parfitt Way SW, Suite N270 I Bainbridge Island, WA 98110 www.teleginlaw.com I bryan@teleginlaw.com 1 (206) 453-2884 ' Jefferson County Department of Community Development Attn: Donna Frostholm, Associate Planner Re: Add'1 Comments on SDP2023-00020 & RBLD2024-00109 (Rathvon Application) Page 2 of 3 assessment of the entire length of Twana Way, to ensure that this primitive road is capable of supporting increased construction -related traffic, and that such traffic will not result in erosion and the discharge of sediment -laden stormwater to Dabob Bay and its shoreline, critical areas, or otherwise harm the environment. The scope of the geologic assessment completed by the Stratum Group should have included a slope stability and surface erosion assessment of the access road (Twana Way) leading to the project site. Twana Way is a primitive road on a steep slope leading down to Dabob Bay. Portions of the road are within the Critical Areas Buffer of the adjacent stream and will be used by heavy vehicles to deliver equipment and supplies before, during and after project construction. Use of the road by heavy vehicles such as loaded concrete trucks has the potential to cause surface erosion and sediment to enter the adjacent stream, which may then transport the sediment downstream to Dabob Bay. This primitive road should be assessed to determine if it can bear the heavy loads anticipated during truck use without failing and delivering sediment to downstream waters. Crescent Environmental PLLC, Review of geotechnical report and associated documents related to parcel 701164005, Jefferson County, Washington (Sept. 26, 2024). B. Failure to Address the Requirements of JCC 18.22.230 for Road Maintenance in Critical Areas According to the County's online critical areas map, Twana Way is located in a moderate landslide hazard area. With increased heavy equipment and other construction -related use of Twana Way for this proposal, there is a significant risk that the road will be damaged and will need to be repaired. The Applicant (Mr. Rathvon) recognized this in his January 30, 2024 submission, where he wrote "road maintenance may be required during and/or after the construction process due to the use of the road by construction vehicles." Despite this admission, the Applicant has not provided any details of what this work will entail, or how the construction process is anticipated to affect the road. Road maintenance within critical areas (including landslide hazard areas) is specifically addressed at JCC 18.22.230(4)(c). To engage in such activities, the following requirements at JCC 18.22.230(5) apply; yet, the Applicant has provided no information to ensure these requirements will be met. (a) Prior to the start of the activity for which an exemption is sought, the applicant must submit to the department a written description of the activity that includes at least the following information: (i) Type, timing, frequency, and sequence of the activity to be conducted; (ii) Type of equipment to be used (hand or mechanical); Jefferson County Department of Community Development Attn: Donna Frostholm, Associate Planner Re: Add'l Comments on SDP2023-00020 & RBLD2024-00109 (Rathvon Application) Page 3 of 3 (iii) Manner in which the equipment will be used; and (iv) The best management practices to be used. The written description shall be valid for five years; provided, there is no significant change in the type or extent of the activity. (b) The activity cannot further alter, impact, or encroach upon critical areas or critical area buffers and no reasonable or practicable alternative exists. (c) The activity cannot further affect the functions of a critical area or a critical area buffer, and no reasonable or practicable alternative exists. (d) Best management practices must be implemented to minimize impacts to critical areas and critical area buffers during the activity. (e) Disturbed critical areas and critical area buffers must be restored immediately after the activity is complete. (f) Any impacts of the activity to a critical area or a critical area buffer must be mitigated, as approved by the administrator. JCC 18.22.230(5)(a—f). The County should not issue any permits for this project until the Applicant demonstrates compliance with the requirements above from JCC 18.22.230(5)--which should include, at a minimum, an evaluation of how increased heavy equipment and construction -related traffic will damage the road and the extent of anticipated maintenance activities, an identification of best management practices to prevent such harm, and an evaluation of how damage to the road (and associated maintenance activities) will affect all relevant critical areas. Very truly yours, TELEGIN LAW PLLC A; Bryan Telegin Counsel for John DiMaggio and Michelle Oliver cc: Client