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HomeMy WebLinkAboutCA08 Rathvon Declaration RECEIVED JUL 0 7 2025 JEFFERSON COUNTY COMMISSIONERS EXHIBIT BEFORE THE LAND USE HEARING EXAMINER IN AND FOR JEFFERSON COUNTY In re Appeal of Rathvon Shoreline DECLARATION OF RICHARD Conditional Use Permit, DCD File No. RATHVON IN OPPOSITION TO SDP2023-00020 APPELLANTS' MOTION FOR SUMMARY JUDGMENT I, Richard Rathvon, declare under penalty of perjury and the laws of the State of Washington, that the following is true and correct, to the best of my personal knowledge and belief. 1. I am over eighteen years of age and competent to testify in this matter. 2. Appellants attempt to depict Twana Way as unpassable is an exaggeration. There are eight homes located along Twana Way. Six of those homes are located past the Oliver's home,which is located at the top of hill before Twana Way turns and begins its descent. 3. For example, Marilyn Walker is a full time resident, and her home is located two properties down Twana Way from the Olivers. 4. I have spoken to both Ms. Walker and Mr. Karl Von Bargen. Mr. Von Bargen owns a home on the 5-acre lot between the Oliver and Walker properties. Both Ms. Walker and Mr. Von Bargen have provided me with photographs showing the large construction vehicles that used Twana Way to access their respective properties during construction of their residences. 5. Attached as Exhibit I are true and correct copies of photographs provided by Ms. DECLARATION OF RICHARD RATHVON- 1 SCHWABE, LIAMSSONa W& YATT,P.C. Attomey 1420 5th Avenue,Suite 3400 Seattle,WA 98101 Teleohone 206-622-1711 143646\288596\48460902.v2 DECLARATION OF RICHARD RATHVON - 2 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711 143646\288596\48460902.v2 Walker showing a cement truck, dump truck, crane, and excavator that used Twana Way to access her property during the construction of her home. 6. Attached as Exhibit 2 is a true and correct copy of a photograph provided to me by Mr. Von Bargen that shows a large cement truck that used Twana Way to access his property during the construction of his home. 7. Attached as Exhibit 3 are true and correct photographs of the completed homes on the Walker and Von Bargen residences. 8. Attached as Exhibit 4 is a true and correct copy of a photograph of the well drilling rig that was used to drill the well on our property. 9. In my conversations with Ms. Walker and Mr. Von Bargen they both stated that they did not do any road alterations, maintenance, widening, or repairs to Twana Way, either before or after the use of the road by the construction vehicles that were required to build their homes. 10. On page 3 of Appellants’ Motion, Appellants insinuate that I had “previously proposed an extensive road improvement or renovation plan” for Twana Way. This is incorrect. 11. I am friends with individuals on Toandos Road that are part of a neighborhood group that have a formal road improvement and maintenance plan and funding mechanism. I liked the idea of a formal road improvement and maintenance plan for Twana Way. 12. Around of September or October of 2023, I sought neighborhood input on this idea. I prepared a PowerPoint presentation that showed options for various levels of possible improvements, including some of the factors driving initial costs and costs for ongoing maintenance. These cost factors included, as examples, gravelling the road, smoothing out the road, and lessening the sharpness of some of the turns in the road. I also used two example cost options to illustrate the combination of some of these options that ranged from a low cost option $25,000-$30,000 and a high-cost option of about $60,000; and how the costs might be allocated between the various properties. DECLARATION OF RICHARD RATHVON - 3 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711 143646\288596\48460902.v2 13. I invited all of the neighbors to of the Twana Way neighbors to attend, and Ms. Walker agreed to have the meeting at her house. The meeting was attended by Ms. Walker, Mr. Von Bargen, the Olivers, and me. There was never a formal proposal for extensive road improvements. It was my attempt to start a conversation with the Twana Way neighbors. 14. Appellants erroneously allege that I claimed that the improvements were “necessary to enable safe and reliable access” for emergency vehicles. A number of years ago, in a letter sent to the property owners served by private roads, the local fire district expressed its preference for some road improvements so that it could provide better response times. In my PowerPoint presentation, I summarized the official guidelines for private roads issued by the local fire district. In addition, I suggested that we might add turnouts to allow places for vehicles travelling in opposite directions to pass each other. Ultimately, there was no agreement on forming a formal neighborhood road maintenance group, and the matter was dropped. 15. During the shoreline conditional use permitting process, in early 2025, the County requested that I provide some additional information on the stability of Twana Way. I contacted the Stratum Group, and they prepared the February 25, 2025, Geologic Hazard Assessment for Twana Way (“Twana Way GHA”). A true and correct copy of the Twana Way GHA is attached as Exhibit 5. I forwarded this report to the County on or about March 13, 2025. 16. Stratum’s Twana Way GHA concluded that, even if the road had to be widened, it would not affect road stability, cause landslides, or decrease the stability of the roadway or surrounding areas, assuming the GHA’s recommendations were followed. 17. My general contractor, Mr. Larry Dean Richert, and I have not selected the final techniques for constructing our residence. At this time, we have no plans to alter Twana Way. In the future, if it is determined that maintenance or improvements may be EXHIBIT 1 Construction of Walker home EXHIBIT 2 Construction of Von Bargen home EXHIBIT 3 Von Bargen home Walker home EXIHIBIT 4 Drill Rig Used to Drill the Well on the Rathvons’ Property Stratum Group 1 PO Box 2546, Bellingham, Washington 98227 Phone: (360) 714-9409 February 25, 2025 Richard Rathvon 20 Liberty Knoll Colts Neck, NJ 07722 rrathvon@gmail.com Re: Geologic Hazard Assessment for Twana Way Improvements Twana Way Quilcene, WA Dear Richard Rathvon: This letter provides a summary of our road and slope stability assessment completed in February 2025. It is our understanding that you are proposing to improve Twana Way to allow construction vehicle access to your property at 660 Twana Way. Based on our field investigation, it is our opinion that road widening will be required in several places in order to accommodate large trucks and/or other construction equipment. In some locations, road widening can be accomplished by expanding the travelled roadway into the existing shoulder areas (e.g. Figure 1). In other areas, road widening will require excavation into existing cut slopes (e.g. Figure 2). Stratum Group assessed all cut slopes where excavation is anticipated. The observed cut slopes are underlain by dense, well drained sand and gravel (Figure 3). It is our opinion that excavation of these existing cut slopes can be accomplished without increasing the potential for landslides and without decreasing the stability of the roadway and adjacent areas as long as the recommendations of this letter are followed. A temporary increase in minor soil raveling should be expected in some areas due to removal of vegetation and soil disturbance. In addition to road widening, regrading of the road may be required to lessen the steepness of the roadway and also to repair holes and ruts. Regrading of the road will not increase the potential for landslides or erosion along Twana Way or adjacent areas as long as the recommendations of this report are followed. EXIHIBIT 5 February 25, 2025 Twana Way Geologic Hazard Assessment Stratum Group 2 Figure 1. Example location of area where road widening can be accomplished by expanding the travelled roadway into the shoulder. Figure 2. Example location where road widening will require excavation into the existing cut slope on the left side of the photograph. February 25, 2025 Twana Way Geologic Hazard Assessment Stratum Group 3 Figure 3. Sandy soils that typify the road cuts along Twana Way. Recommendations: 1.Where possible, road widening should be completed by utilizing existing shoulder areas. Excavating existing cut slopes will be required in several areas. Road widening should not involve creating or expanding any fill slopes. 2.New or expanded road cuts up to 6 feet high can exceed 1:1 in steepness as long as the road cut is underlain by compact, well drained sand. Cut slopes exceeding 6 feet in height should be 1:1 or gentler. If steeper cuts are required, Stratum Group should be contacted to assess the stability before excavating. If clay rich soils or groundwater seepage are encountered during excavation, Stratum Group should be contacted to assess to inspect the cut slope. 3.Excavated material should be end hauled. 4.Construction should be completed using best management practices including temporary erosion and sediment control (TESC). Soil and vegetation disturbance should be limited to the proposed excavation and construction areas. February 25, 2025 Twana Way Geologic Hazard Assessment Stratum Group 4 Stratum Group appreciates the opportunity to be of service to you. Should you have any questions regarding this assessment please contact our office at (360) 714-9409. Sincerely yours, Stratum Group Geoff Malick, L.E.G., M.Sc. . Licensed Engineering Geologist Statement of Limitation and Indemnity This document has been prepared by Stratum Group for the exclusive use and benefit of the client. No other party is entitled to rely on any of the conclusions, data, opinions, or any other information contained in this document. This document represents Stratum Group’s best professional judgment based on the information available at the time of its completion and as appropriate for the project scope of work. It is not possible to fully anticipate all future risks or future site evolution. Services performed in developing the content of this document have been conducted in a manner consistent with that level and skill ordinarily exercised by members of the geology profession currently practicing under similar conditions. The client shall understand that the subject property includes geologic hazard areas, and the client has elected to develop and/or reside at this location. The client shall accept that there are inherent risks associated with geologic hazard areas and assume sole responsibility for its future consequences, both as detailed herein and unknown. The client shall accept that is not possible to entirely eliminate all risk associated with geologic hazards. Stratum Group Inc, its staff and owners, shall be indemnified and held harmless from the consequences of development and residence at the subject property. Furthermore, no warranty, expressed or implied, is made. EXIHIBIT 6 CERTIFICATE OF SERVICE - 1 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711 CERTIFICATE OF SERVICE The undersigned declares under penalty of perjury, under the laws of the State of Washington, that the following is true and correct: I hereby certify that on the 7th day of July, 2025, I caused to be served the foregoing DECLARATION OF RICHARD RATHVON IN OPPOSITION TO APPELLANTS’ MOTION FOR SUMMARY JUDGMENT on the following parties via E-Mail: Bryan Telegin, WSBA #46686 Telegin Law PLLC 216 6th Street Bremerton, WA 98337 bryan@teleginlaw.com Greg Ballard Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 gballard@co.jefferson.wa.us Tara Roberts, Legal Assistant