HomeMy WebLinkAboutCA10 McShane Declaration RECEIVED
JUL 0 7 2025
JEFFERSON COUNTY
COM M ISStONERS
EXHIBIT #C4(O
BEFORE THE LAND USE HEARING EXAMINER
IN AND FOR JEFFERSON COUNTY
In re Appeal of Rathvon Shoreline DECLARATION OF DAN
Conditional Use Permit, DCD File No. McSHANE, L.E.G. IN OPPOSITION
SDP2023-00020 TO APPELLANT'S MOTION FOR
SUMMARY JUDGMENT
I, Dan McShane, 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. I am the President of, and a senior geologist at, Stratum Group, Inc. Stratum Group is
located in Bellingham, Washington and provides property assessments for geologic
risk and other environmental science and natural resource issues.
3. I hold a master's degree from Western Washington University in geology, and I am a
licensed engineering geologist and geologist in Washington. I have over 30 years of
geologic and environmental consulting experience.
4. I have written over 500 geologic assessments in Jefferson County. The majority of
these geologic hazard assessments involved shoreline bluff slopes, as the County has
miles of high shoreline bluffs within its boundaries. Thus, I am very familiar with
geology in Jefferson County, slope stability,and construction in and near the shoreline
environment.
WILLIAMSON 8 WVATT,P.C.
DECLARATION OF DAN McSHANE- 1 SCHWABE,Attomeys at Law
1420 5th Avenue,Suite 3400
Seattle,WA 98101
Teleohone 206-622-1711
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DECLARATION OF DAN MCSHANE - 2 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711
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5. I have reviewed the Appellants’ Motion for Summary Judgment (“Appellants’
Motion”) and have the following comments and observations.
6. On page 3 of Appellants’ Motion, they contend that “[t]his narrow, primitive road rises
more than 600 feet over one-eighth of a mile, immediately adjacent to a steep
embankment leading down to Dabob Bay.” This statement if factually inaccurate and
misleading.
7. One eighth of a mile is approximately 660 feet. First, the elevation of Twana Way at
its intersection with Toandos Road, is 575 feet, which is the highest elevation on Twana
Way. If Twana Way rose 600 feet in 660 feet, it would have a slope of approximately
91%.
8. Using elevation and distance data from lidar bare earth data available through Jefferson
County GIS, the elevation change from where Twana Way begins its descent near the
southeast corner of the Oliver property to the Rathvon property line is 310 feet over a
distance of 2,741 feet yielding an average gradient of about 11%. The drop in the road’s
elevation from the northwest edge of the Oliver property to the east edge of the Rathvon
property is about 205 feet over approximately 1,533 feet, yielding an average slope of
DECLARATION OF DAN MCSHANE - 3 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711
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13%.
9. Appellants’ statement that Twana Way is located immediately adjacent to a steep
embankment down to Dabob Bay is also misleading. The steepest slopes immediately
adjacent to Twana Way are 66% where Twana Way crosses the Von Bargen property.
I have assessed the stability of this slope for a permit on the Von Bargen property and
concluded that the slope is stable and not at risk from landslides. All other slopes
adjacent to the downward slopes are 42% or less. These slopes are less than the angle
of repose for loose sand and are not at risk of landslides. At its closest, the Twana Way
is 192 feet from the top edge of the shoreline bluff. The closest Twana Way comes to
the shoreline is 338 feet. Nowhere is Twana Way located within the Shoreline
Management Act’s 200-foot jurisdictional boundary.
10. On page 3 of Appellants’ Motion, they claim that “[t]he conditions of Twana Way are
so primitive that it is difficult for even everyday vehicles to navigate. . . .” I have visited
the Rathvon property on two occasions without difficulty using a Toyota Tercel on my
first visit in 2008 and a Toyota Prius in 2022.
11. I have also reviewed the photographs that are attached to the Declaration of Rich
Rathvon in Opposition to Appellants’ Motion for Summary Judgment. These
photographs depict cement trucks, a roofing truck, a crane, and other large construction
equipment accessing neighboring properties to the Rathvon property as part of the
construction of homes on those properties. Mr. Rathvon also told me that he had a well
drilling rig access his property to drill his well. Thus, it is clear that construction
vehicles can use Twana Way without causing the shoreline impacts that Appellants
speculate may occur.
12. On page 6 of Appellants’ Motion, they claim: “Appellants believe that it is undisputed
that the applicant never submitted a report to DCD during the course of permit review
evaluating the stability of Twana Way or the potential for heavy construction traffic on
DECLARATION OF DAN MCSHANE - 4 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711
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the road to adversely impact the shoreline environment of Dabob Bay.”
13. On February 25, 2025, Stratum Group prepared a memorandum for Mr. Rathvon
entitled “Geologic Hazard Assessment for Twana Way Improvements” (“Twana Way
GHA”). It is my understanding that, on or about March 13, 2025, Mr. Rathvon
submitted this report to the County, and it appears on the County’s website as an
attachment for Mr. Rathvon’s Shoreline Conditional Use Permit SDP2023-00020. The
image below is a screenshot from the County’s permitting portal.1 It shows that
document was uploaded on April 10, 2025.
14. On page 6 of Appellants’ Motion, they state that “[t]his primitive road is also located
within a County-mapped landslide hazard area.” The County uses two types of maps
to identify potential landslide hazard areas: (i) a landslide hazard map and (ii) a
shoreline slope stability map. The maps are used for guidance only and do not mean
that areas on the maps are unstable. The maps are screening tools that depict areas
where it may be appropriate to conduct a geologic hazard assessment for landslides.
For example, the County required a geology hazard assessment for the Rathvon
property. However, it has been my experience that standard gravel road maintenance
activities, such as adding gravel or smoothing the gravel road surface, have not required
geology hazard assessments.
1https://energovweb.jeffcowa.us/energov_prod/SelfService#/plan/5b333549-473a-4a8c-9a35-
82135ace9f98?tab=attachments
DECLARATION OF DAN MCSHANE - 5 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711
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15. As stated above, it is my understanding that several homes have been constructed along
Twana Way without the need to widen the road and that construction equipment has
utilized the road in its current condition without damage to the road or the shoreline
environment.
16. Twana Way is a full bench-cut road. That is the road has been cut into the moderate
slopes such that the road fully founded on good bearing soil versus fill soils. This type
of construction minimizes the risk of the outer edge of the road failing or settling.
17. I am familiar with construction of homes along Jefferson County’s bluffs that often
have narrow roads for access to the construction sites. There are several options and
construction techniques that can be employed, including constructing large
components, like roof trusses, on site rather than transporting them pre-constructed or
using smaller cement trucks and construction delivery vehicles. It is typically up to the
contractor to determine the exact construction and construction transport methods that
will be employed for a particular project.
18. Stratum’s February 25, 2025 Twana Way GHA evaluated the road based on the
assumption that the road widening might take place in spots to accommodate large
construction equipment. Stratum concluded that, should widening be required, any cut
slopes would be minor and would not cause stability problems. We made some specific
recommendations regarding cut slopes if widening were to take place.
19. Our GHA mentions that minor soil raveling may occur as part of road cut excavation.
This will not cause sediment delivery to water resources or the shoreline environment
as the soils along the road are well drained.
20. Appellants’ alleged stream impacts (Appellants’ Motion, p. 4) are a non-issue because
the stream is in a culvert under the road; the road is wide enough at that location to
accommodate construction vehicles; and there is no need to alter the road in the vicinity
of the stream.
DECLARATION OF DAN MCSHANE - 6 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711
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21. In my professional opinion, Appellants’ alleged impacts to the shoreline environment
from using Twana Way for construction access to the Rathvon property are unfounded.
First, until the building contractor determines the particular construction techniques
and equipment they will use to construct the Rathvon residence, it is uncertain what, if
any improvements, may be needed to Twana Way.
22. Additionally, any future proposed road maintenance or road improvement would be
subject to County review and approval, which would require that any road
improvements suggested by the contractor would need to comply with the County’s
best management and practices for the particular type of work that is being proposed.
23. In my professional opinion, Twana Way can be used by construction vehicles without
impacts the road’s stability or to the shoreline environment. Between Twana Way and
the actual shoreline there are well-drained soils that provide for infiltration, so any
runoff from the road will readily infiltrate into the ground as it currently does and will
not cause the impacts alleged in Appellants’ Motion.
24. In addition to the fact that construction vehicles have used Twana Way without issue
in the past, the investigation conducted for Stratum’s February 25, 2025 Twana Way
GHA demonstrates that, if road widening was required, it can be accomplished without
impact to slope stability or the shoreline environment.
25. Stratum examined the underlying geology in the areas of Twana Way that might be
areas where widening could take place. Soils where potential cut slopes could be
located are dense sands that have been consolidated by the pressure of glacial ice. The
Twana Way GHA includes specific recommendations for the heights and angles of cut
slopes in the event widening does take place so that there will not be an increased risk
of landslides either on or off the road area. Thus, in my professional opinion,
Appellants’ allegation that use of, or improvement to, Twana Way would lead to
landslide impacts and damage to the shoreline environment are speculative and
DECLARATION OF DAN MCSHANE - 7 SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law 1420 5th Avenue, Suite 3400 Seattle, WA 98101 Telephone 206-622-1711
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unlikely to occur.
Executed this 3rd day of July, 2025 in Bow, Washington.
___________________________________
Dan McShane, L.E.G.
Licensed Engineering Geologist
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 DAN MCSHANE, L.E.G. 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