HomeMy WebLinkAbout40 NewlandPeter Newland
5 November 2019
JEFFERSON! COUNTY DCD
Testimony to the Jefferson County Planning Commission
The 10-16-2019 Jefferson County Staff Report definition of commercial shooting facilities creates
a loophole for abuse that threatens compliance with the GMA.
PREAMBLE
It is a fallacy to suggest that the Commercial Shooting Facility ordinances have nothing to do
with Fort Discovery. It is fiction to believe the ordinances target Fort Discovery. These
ordinances treat each and every gun range applicant equally whether their identity is known or
not. (1)
Prior to the 2018 ordinances that the GMHB overturned, all gun ranges required conditional use
permits (CUP). The overturned ordinances changed that requirement by creating a new
classification of "privately owned property used for lawful shooting practice" which does not
require a CUP. (See staff report page 21 of 45 (15b).
A KNOWN ABUSE
In March 2018, prior to filing a complete application or applying for any permits and before the
final ordinances for commercial shooting facilities were adopted, Fort Discovery Inc. commenced
construction of a substantial shooting facility near Tarboo Lake. In November 2019, based on
drone reconnaissance photos, TRC filed complaints (Exhibit 1) with local, state and federal
agencies noting violations of the clean water act, illegal clearing and grading and wetland filling.
On March 22, 2019 state and county inspectors toured Fort Discovery's construction site. On May
10, 2019 Jefferson County notified Fort Discovery Inc. (Exhibit 2) of their findings which verified
the reported violations and many others, including siting buildings that violate the uniform
building code, a latrine with a holding tank filled with 1800 gallons of raw sewage, and the
construction of a 50 -yard pistol range.
On June 7, 2019 TRC notified the BoCC that Fort Discovery's pistol range posed a danger to the
public because it had no safety features and aims directly into an area open to public recreation.
(Exhibit 3)
On July 10, 2019 Jefferson County DCD responded to TRC (Exhibit 4), quoting JCC
8.50.220(15), and stating that the County accepted Fort Discovery's explanation that this 50 -yard
pistol range is used by "the owner of the property and his guests shoot there on very rare
occasions but no money ever changes hands."
(1) Fort Discovery was represented on the moratorium review committee, provide testimony at the public hearings and
has spent 22 months in secret discussions with County staff about "the Ordinance's effect on Joseph _D'Agligg: 9a
LAsc:overy C.orNration's business plans ror property located near Tarboo Lake"
(2) Stop Work Orders were not issued, and Fort Discovery is continuing with construction.
Pagel of 3
TRC RECOMMENDS REINSTATING CUP FOR NON-COMMERCIAL GUN RANGES
Jus tz f kation
Prior to the 2018 ordinances that the GMHB overturned, all gun ranges required conditional use
permits, regardless of whether the ranges were commercial or non-commercial. Now, however,
the County's proposed Title 18 ordinance would require CUPS only for commercial ranges. The
County's proposed ordinance also sets a 150 -acre cap on shooting ranges that applies to
commercial ranges but not to non-commercial ranges.
The failure to require CUPs for non-commercial ranges means that non-commercial ranges will
be not subject to scrutiny regarding their environmental impacts and safety provisions. This is
unacceptable, because bullets from non-commercial ranges are just as dangerous as bullets from
commercial ranges. Noise, traffic, and lead contamination from non-commercial ranges are just as
harmful as from commercial ranges. To mitigate these impacts, non-commercial ranges should be
subject to the same CUP requirement as commercial ranges.
Non-commercial ranges should also count against the 150 -acre cap, just as commercial ranges do.
The purpose of the 150 -cap is to protect the forestry industry from incompatible land uses. A non-
commercial gun range impedes forestry just as much as a commercial range does. Therefore, non-
commercial ranges should count against the 150 -acre cap.
To be clear, requiring a CUP for a non-commercial gun range does not create a no -shooting zone.
In fact, nothing in any of these ordinances creates a no -shooting zone. These ordinances only
regulate the establishment of gun ranges; they do not regulate where guns can be fired.
NEEDED CHANGES TO TITLE 18
The following changes are needed to clarify that CUPs are required for non-commercial gun
ranges, and that non-commercial gun ranges count against the 150 -acre cap:
Title 18 ordinance, section 18.20.135(5) (p.20 of 25): "In order to preserve the overall character
of forest resource lands within the county, while complying with the supremacy principle stated in
WAC 365-196-725, the county will not permit more than 0.5 percent of the total forest resource
lands for use as outdoor se er-ialshooting facilities in the county."
Title 18 ordinance, section 18.20.350(Ij) (p.22 of 25): "Outdoor mal shooting facilities."
Title 18 ordinance, Table 3A-1: "Outdoor corral shooting facility." (Allowed as a
conditional use.)
Page 2 of 3
Reply to: Seattle Office
ED Nove-I'A6M 'Im
v
BRICKLIN & NEWMAN LLP
lawyers working for the environment
November 16, 2018
VIA Email to:
mfarfan@co. jefferson.wa.us;
pmorley@co jefferson.wa.us;
phunsucker@co.jefferson.wa.us
Jefferson County
Department of Community Development
621 Sheridan St.
Port Townsend, WA 98368
RE: Clearing and Grading Violation, Tarboo Lake
Dear Ms. Farfan and Messrs. Morley and Hunsucker:
On behalf of our clients, the Tarboo Ridge Coalition, we would like to report a violation of the
Jefferson County clearing and grading code.
The violation occurred between March and November, 2018, on the following two parcels:
Parcel A: The South half of the Southeast quarter of the Southwest quarter of
Section 7, Township 28 North, Range 1 West, W.M. Parcel no. 801073003.
Parcel B: The South half of the Southwest quarter of the Southeast quarter of
Section 7, Township 28 North, Range 1 West,'W.M. Parcel no. 801074004.
These two parcels together comprise 40 acres on the north side of Tarboo Lake. Both are owned
by the Fort Discovery Corporation, PO Box 660, Port Townsend, WA.
A substantial amount of ground on these properties has been cleared and graded without the
required permit. We ask the County to investigate the site and issue a notice of violation and
impose such remedial actions and penalties as the County deems appropriate.
Facts
Between March and November of 2018, the Tarboo Ridge Coalition obtained aerial photographs
of the Fort Discovery Property adjacent to Tarboo Lake, on a regular basis by drone flights at about
1424 Fourth Avenue, Suite 500, Seattle, WA 98101 • 25 West Main, Suite 234, Spokane, WA 99201
(206) 264-8600 • (877) 264-7220 • www.bricklinnewman.com
Clearing and Grading Violation: Tarboo Lake
November 16, 2018
Page 2
300 feet elevation. The drone was launched from a boat in Tarboo Lake and flew a grid pattern of
the property.
Nov. 11, 2018 photo showing cleared and graded patches outlined in red.
Additional photos are included in Attachment 1.
The November 11 2018 aerial photo shows extensive recent clearing and grading activity on the
property. GIS methods were used to measure seven distinct areas of recently cleared and graded
areas visible on the photo (see Table 1 below). A total of 1.8 acres (78,408 square feet) at a
minimum appears to have been cleared and graded. One of the larger cleared areas involved
extensive earthmoving, with an earthen berm built along the north property boundary. The estimate
of clearing and grading area provided generally does not include earthwork associated with
expansion of the road network itself, which may represent additional clearing and grading beyond
maintenance of the pre-existing logging roads. The amount of clearing and grading measured is
more than ten times the threshold of 7,000 square feet that requires a clearing and grading permit
from Jefferson County. See JCC 18.30.070.5.
Clearing and Grading Violation: Tarboo Lake
November 16, 2018
Page 3
Area ID
Area (acres)
Area (sf)
1
0.57
24,829
2
0.56
24,394
3
0.21
9,148
4
0.21
9,148
5
0.11
4,792
6
0.06
2,614
7
0.081
3,485
TOTAL
1.81
78,408
Table 1. GIS area measurement of cleared and graded areas from aerial photo of Nov. 11, 2018.
In addition, an earlier March 2018 photo shows road expansion and new fill dirt and a new culvert
having recently been installed across a ponded area that is probably part of a larger scrub/shrub
wetland. The expanded road in question extends east of the building area. Numerous small
wetlands are visible across the property and it is likely that other wetland impacts have occurred
in association with earthwork and construction on the property. County Critical Area regulations
require review and permitting prior to filling a wetland. See JCC 18.22.330.
At least 5 of the 7 zones identified as having been cleared and graded appear to have contained
wetlands that were filled or heavily impacted. Although field inspection is necessary to verify these
areas are indeed wetlands, inspection of the March 18, 2018 photo shows numerous areas of small
ponds and shrub vegetation scattered throughout the property that appear to be wetland complexes.
A comparison of the March 18, 2018 photo to the November 11, 2018 photo shows that some of
these probable wetland areas were filled in the clearing and grading zones (see Before and After
close up photos for various clearing zones, attached). In addition, a road was expanded to the east
of Zone 5 and the main building area that crossed a likely wetland. It appears that a pre-existing
logging trail was expanded with fill dirt and a new culvert installed across the wetland. See photos
in Attachment 1.
Finally, the November 11, 2018 photo shows numerous buildings, storage containers and other
structures are distributed across the property. No building permits have been issued. A field
inspection is necessary to determine which, if any of these structures are subject to previous "stop
work" orders and continue to be in violation of County regulations.
The extensive earthmoving, clearing and grading, and potential fill of wetlands all have potential
to impact water quality, wetlands and the receiving water body of Tarboo Lake, which is larger
than 20 acres in size and designated as a State Shoreline.
Clearing and Grading Violation: Tarboo Lake
November 16, 2018
Page 4
Conclusion
The drone overflights provide substantial evidence to conclude that unpermitted activity is
occurring at this site and probably causing destruction of wetland and damage to water quality and
wildlife habitat. Immediate investigation by the County is warranted. If violations are confirmed,
a notice of violation and stop -work order should be issued, and remedial action and penalties
should be imposed.
Please let us know how you plan to proceed and if there is any additional information we can
provide. In advance, thank you for your prompt attention to this matter.
Very truly yours,
BRICKLIN & NEWMAN, LLP
L_
k'__
Alex Sidles
Attorney for the Tarboo Ridge Coalition
(206) 264-8600
sidles@bnd-law.com
cc: Client
Attachment 1
Additional photos
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�ZON C[, JEFFERSON COUNTY
' � j DEPARTMENT OF COMMUNITY DEVELOPMENT
.I �e
621 Sheridan Street I Port Townsend, WA 98368
B J. 360-379-4450 1 email: dcd@co.jefferson.wa.us
http://www.co.jefferson.wa.us/260/Community-Development
May 10, 2019
Via email
Via USPS first class mail
Fort Discovery, Inc.
Attn: Joe D'Amico
250 Center Park Way
Sequim, WA 98382
MfLW uvK)0 ` X tt1 b T --,7
IS WOVD-W k l ;010(
Re: COM18-00191 / March 22, 2019 Summary of Jefferson County Site Visit — Parcel 801073003 and
801074004 (the Cedar Hills Property)
Mr. D'Amico —
Thank you for hosting Jefferson County and the Washington State Department of Ecology during the
March 22, 2019 coordinated site visit of the Cedar Hills Property near Tarboo Lake. Donna Frostholm, an
Associate Planner — Lead conducted this site visit on behalf of Jefferson County's Department of
Community Development (DCD). Stuart Whitford, Environmental Public Heath (EPH) Director and Austin
Watkins, Civil Deputy Prosecuting Attorney accompanied Ms. Frostholm during this site visit.
As discussed more fully below, during this site visit, DCD investigated citizen allegations of: (1) wetland
violations, including potential development within the wetlands and their associated buffers; (2)
unpermitted clearing and grading; and (3) unpermitted structures. The purpose of this letter is twofold:
to review in detail the substantial history with you, your properties and the history between you and
Jefferson County regarding permitted and unpermitted activities; and, to describe in more detail what ,
based upon DCD's March 22, 2019 site visit, DCD was able to confirm regarding violations of Title 15 and
Title 18 of the Jefferson County Code that have occurred and continue to occur on your current site.
Background
On June 9, 2017, the then owner of the Cedar Hills Property, James Worthington, submitted a request
for a pre -application conference that designated Joe D'Amico (Mr. D'Amico) as his agent related to the
pre -application conference. The request for a pre -application conference described the project as
follows:
This will be a private instituional (sic) gun range and training facility bringing customers
to the peninsula, both locally and from around the world. We have 40 acres RF located
near Tarboo Lake. Services to be provided include firearms safety and instruction, hunters
safety, firearms qualifications, security training, educational seminars, business retreats,
and special events. Facilities are to include gun ranges (pistol, rifle, trap shoot, archery),
classroom, shoot house, helicopter landing zone, food preparation (sic) and serving area,
restroom and showers, sleeping (sic) quarters, tent and RV sites, caretaker cabin, support
staff housing, and a pro shop. The amenities (sic) will be sited to conform to the landscape
with minimal intrusion, with the goal of providing a safe yet natural outdoor experience.
With the pre -application request, a diagram of the proposed project was included:
This diagram demonstrates knowledge of the need for septic systems and the requirement of setbacks
from neighboring properties and from Tarboo Lake. The pre -application request also contained a
diagram of where a proposed road was to be built for access across adjoining land owned by Pope
Resources.
2
On June 30, 2017, Fort Discovery Corporation's (FDC) president, Mr. D'Amico, attended a pre -application
conference with representatives of Jefferson County Community Development and the Environmental
Health Department. At the pre -application conference, Mr. D'Amico explained that the project was to
be built in phases over 3-5 years, but that the project would start with a range, bunkhouse and bathroom.
Mr. D'Amico was advised that for the project proposal, a Type III Conditional Use Permit would be
required and that would include: (1) A Master Permit Application; (2) A Supplemental Application for a
Conditional Use; (3) a Project Description/Narrative; (4) A SEPA Checklist; (5) A Stormwater Plan; (6) A
Wetland Delineation, if required; and, (7) Permit fees. The pre -application notes provided to Mr.
D'Amico after the pre -application conference state that there were "No mapped wetlands or streams"
and if "streams or wetlands present, a delineation or determination will be required."
Also at the June 30, 2017 pre -application conference, Susan Porto and Randy Marx of EPH advised Mr.
D'Amico that permits for a public water system and a septic system would be required. It appears FDC
already was aware of this before the pre -application conference because he or Ms. Scott already had
talked to Mike Deeney of Creative Design Solutions, Inc. about an on-site septic system. According to
his web site, "experience allows Mr. Deeney the ability to determine the most cost effective system for
a given site that will meet local and state code and provide a long system
life." htt www,cds4 ou.com Ex erienceSavesMone .htmi.
In September of 2017, the County was advised by counsel for Reed Gunstone and The ARK Group, LLC
(TAG) that there were permit violations on property leased by Mr. D'Amico from the Gunstone family at
3501 Old Gardiner Road, Sequim, WA 98382 (the Old Gardiner Road Property). Mr. Gunstone's counsel
claimed that there also were uses by Mr. D'Amico that violate the zoning laws, as decided in a 2009 land
use decision of the Jefferson County Hearing Examiner. Mr. Gunstone's counsel also informed the
County that red tags placed on unpermitted structures have been removed.
Since 2005, for the Old Gardiner Road Property, the County had sought Mr. D'Amico's compliance with
zoning limitations and the need to bring unpermitted structures and on-site sewage systems into
compliance with the Jefferson County Code. A land use dispute between Mr. D'Amico and the County
began in 2005 when Mr. D'Amico attempted to build structures on Gunstone family property without
proper permits. The County issued a stop work order to Mr. D'Amico in 2005. The land use dispute was
appealed to the Washington court of appeals, which issued its decision in 2008. Sec. Servs. Nw., Inc. v.
Jefferson Cty., 144 Wash. App. 1002, *5 (2008). The court of appeals remanded the case to the Hearing
Examiner.
After the remand from the court of appeals, Security Services Northwest (SSNW) stipulated to the
Hearing Examiner that the following structures were not part of SSNW's nonconforming use of the Old
Gardiner Road Property in 1992, "but SSNW intends to submit an 'after -the -fact' building permit once
the full scope of its legal non -conforming use is established." Mr. D'Amico has admitted under oath that
he built the following structures without permits:
• A new bunkhouse built in about 2004. Mr. D'Amico's November 16, 2005 Testimony, Tape 3 at
14:15-22 and 59:16-24.
• A new classroom built in about 2004. Id. at 14:15-22.
• A range house built in about 2000. Id., Tape 4 at 10:3-13.
See also June 11, 2009 Stipulation for Remand Hearing at 2. Mr. D'Amico admitted that neither the
bunkhouse nor the classroom contain any sanitary facilities and that a latrine had been built without
permit to serve both. Id., Tape 3 at 16:6-15. Mr. D'Amico testified that between 1988 and 2005, he never
applied for any septic, fire, electrical or structural permits. Id. at 10:23-11:1. Unpermitted structures
were red tagged by the County. Mr. D'Amico admitted under oath in 2007 that the County had the right
to post the buildings with stop work orders that had not received permits. Mr. D'Amico's May 10, 2007
Deposition at 47:4-7. In a letter dated September 27, 2017, the County advised both Mr. D'Amico and
Mr. Gunstone that: "The County continues to expect respect for and compliance with the 2009 land use
decision and the permit requirements. After -the -fact permits for all the unpermitted structures listed
may be possible, except the SSNW gun ranges on Parcel 002363008 (owned by TAG)."
On September 15, 2017, Mr. Gunstone terminated Mr. D'Amico's lease of the Old Gardiner Road
Property, effective October 31, 2017. On September 27, 2017, Fort Discovery Corporation purchased
the Cedar Hills Property (Parcels 8011073003 and 801074004) from James Worthington. Mr. D'Amico
decided to move the buildings he built at the Old Gardiner Road Property to the Cedar Hills Property.
On October 23, 2017, the County advised Mr. Gunstone and Mr. D'Amico the requirements that must
be met for moving the buildings from the Old Gardiner Road Property to the Tarboo Property, including
that:
• "All necessary permits and rights of way for moving the buildings and placing them at another
location in Jefferson County must be obtained before attempting to move the buildings."
• "At any new location in Jefferson County, the moved buildings must meet the permit
requirements for sewage and water, zoning requirements for setback or other applicable County
building requirements."
Subsequently, FDC moved the buildings Mr. D'Amico built from the Old Gardiner Road Property to the
Cedar Hills Property. Mr. D'Amico never obtained any permits for the buildings before or after the
buildings were moved to the Cedar Hills Property. Thus, FDC moved buildings built without any permits
at the Old Gardiner Property and that were red tagged by the County to the Cedar Hills Property.
FDC attempted to apply for a County permit for stormwater and a County foundation permit. DCD asked
FDC whether it intended to pursue a conditional use permit for that included a commercial shooting
4
facility. But FDC never answered that question. Ultimately, both applications were determined to be
incomplete by the County on October 26, 2018. FDC has not submitted any applications for new permits
for the Cedar Hills Property as of the date of this letter.
On October 17, 2018, Mr. D'Amico advised DCD that he intended to install a foundation for buildings at
the Cedar Hills Property on or shortly after October 20 and 21, 2018, even though he did not yet have
any foundation permit. As a result of this conversation, DCD issued a Notice of Voluntary Correction
which stated that: 'Putting in a foundation without a permit would be a violation of Jefferson County's
Uniform Development Code (UDC), 18.50.020(1) JCC, which states: "It is a violation of this UDC for any
person to initiate or maintain, or to cause to be initiated or maintained, any use, alteration, construction,
location, or demolition of any structure, land, or property within Jefferson County without first obtaining
permits or authorizations required by this UDC."'
Subsequently, DCD received information that the permit violations described earlier were occurring at
the Cedar Hills Property and began an investigation. A request for site access was made, and FDC made
the Cedar Hills Property available for inspection on March 22, 2019.
Wetlands and Wetlands Buffers
During the March 22nd site visit, DCD confirmed the following critical area ordinance violations: (1) the
removal, excavation, grading, or dredging of material of any kind within a regulated wetland or its buffer,
Jefferson County Code (JCC) 18.22.310(1); (2) the dumping or discharging of any material or placement
of any fill in a regulated wetland or its buffer, JCC 18.22.310(2); and (3) modification of and activities
within regulated wetland buffers JCC 18.22.310(9) and JCC 18.22.330(3).
DCD informally reviewed FDC's wetland report prepared by Westech Company in July 2018, which
described on-site wetlands, including a map depicting the location each wetland identified by Westech.
The report received by DCD did not include supporting data located in the appendices (wetland data
forms, wetland rating forms, and wetland maps). During the site visit DCD did not verify Westech's
delineated wetland boundaries or wetland ratings.
However, based on plot data collected during the March 22nd site visit by DCD and Ecology more
wetlands are present on the site than was identified by Westech's July 2018 report. Attached Figure 1
demonstrates the approximate location of areas that were investigated during the site visit. The results
are as follows:
One plot was determined to be non -wetland (flagged as TP 1);
• Three plots were determined to be wetland (flagged as TP 2, 3, 4);
One soil sampling location was determined to be wetland (flagged as SS 1); and,
5
• One area was identified as having wetland hydrology (no soil sample or flagging was placed at
this location because it may be offsite).
The next step in the DCD process is for FDC to apply for after -the -fact critical area permitting. FDC's
biologist needs to return to the site to delineate and rate all on-site wetlands and to rate all off-site
wetlands for the purposes of determining protective buffers as needed. Given the deficiencies in the
Westech report submitted, such as missing supporting data appendices and missing wetland
delineations, and additional wetlands confirmed by DCD, a revised wetland report will be required for
permitting. It should be noted that there may be more unidentified wetland areas on the property than
is shown in the attached Figure 1.
Ctnrmutntar
During the March 22nd site visit, DCD confirmed that more than 2,000 square feet of new development
and more than 7,000 square feet of new land disturbing activities occurred on the site. Therefore, a
stormwater permit is required under JCC 18.30.070. The next step in the DCD process is for FDC to apply
for a stormwater permit.
Unpermitted Buildings
During the March 22nd site visit, DCD confirmed that the following three unpermitted structures on were
on site: (1) an instruction and meeting area building; (2) a bathroom building; and (3) an accessory
building. DCD believes that these are the same unpermitted structures built by Mr. D'Amico at the Old
Gardiner Road Property.
Jefferson County has adopted the 2015 International Building under JCC 15.05.30. Under R 105.1 of the
2015 International Building Code, under which building permits are required unless the work exempt is
under R 105.2. Based upon our site visit, the structures moved to the Cedar Hills Property do not appear
to be exempt. The next step in the DCD process is for FDC to apply for after -the -fact building permits for
these structures.
Land Use 1 Health and Safety Permitting
Based upon the March 22nd site visit observations and FDC's statements, it appears that FDC intends to
build and operate a commercial shooting facility as defined under JCC 18.10.030 in the near future. The
zoning designation for the Cedar Hills Property is Inholding Forest 20 (IF 20). IF 20 allows a commercial
shooting facility as a Conditional Use. The next step in the DCD process is for FDC to apply for a
Conditional Use permit for an outdoor commercial shooting facility. FDC is cautioned that failure to
provide a SEPA Checklist for the original scope of the project would likely result in FDC having to re -do
the entire SEPA Checklist process. That could be costly.
C.
Concurrent with the Conditional Use permit, you will be required to apply for a commercial shooting
facility operating permit under Article III of Chapter 8.50 of the Jefferson County Code.
During the March 22nd site visit, we identified the presence of an unpermitted septic holding tank. We
understand that there may be a letter coming from Jefferson County Environmental Public Health on the
unpermitted holding tank.
Again, we thank you for allowing DCD to visit your site to investigate these allegations. Based upon DCD's
site visit and information available to us at this time, we believe this letter sets a path forward for you
to achieve full compliance with the JCC of your site and proposed operations. DCD looks forward to
processing your permit applications in the near future.
Please contact this office within fifteen days or by May 20, 2019 regarding your plan of action to acquire
permits as described in this letter.
Respectfully,
Patty Charnas, Director
Department of Community Development
Cc:
Greg Overstreet, Fort Discovery Counsel
Stuart Whitford, Jefferson County Environmental Public Health Director
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
a
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2
Rtn°�
P.O. Box 177 Qullcone, WA 98976
June 7, 2019
The Honorable Kate Dean
The Honorable David Sullivan
The Honorable Greg Brotherton
RE: Public Safety Alert
Dear Commissioners,
�v1,►�� t�>�l 161T
5 kJOVEM lm 201
On November 23, 2018 we provided you with photographic evidence of unpermitted
construction and grading activity at the Fort Discovery Corporation's proposed Cedar Hills
Recreational Facility. We asked the County to investigate, and if our claims were verified,
issue a "stop work" order.
On March 22, 2019 Jefferson County staff and personnel from the Washington State
Department of Ecology toured the Cedar Hills site to investigate our claims and, as you know,
found that the owner was constructing new buildings, siting previously red tagged buildings
that had been recently moved onto the site, installing a latrine, filling wetlands, and doing
significant clearing and grading. None of this work complied with the requirements outlined to
Fort Discovery during a June 30, 2017 preapplication meeting with DCD.
DCD Director Patty Charnas sent an 8 -page letter to Fort Discovery on May 10, 2019. It
detailed multiple violations and a disregard of State and County codes and ordinances.
Subsequently the County has learned that Cedar Hills conducted classes and in just four days in
the fall of 2018 accumulated 1800 gallons of sewage in an unpermitted holding tank. At this
juncture, onsite activity continues but no stop work order has been issued.
The DCD file photographs below indicate an even more serious violation that the May 10 letter
inadvertently omitted. Fort Discovery has built a 50 -yard pistol range without a permit, or lead
recovery plan, or safety plan or operating permit. No engineering drawings have been
submitted to the County or reviewed by the County's gun range consultant. There are no
proper backstops, side barriers, baffles, fencing, warning signs or dedicated emergency phone.
page 1 of 4
The illegal clearing and grading and the construction of a low berm near
Fort Discovery's north property line that borders Pope Resources
property: (Jefferson Countyfile photo date 3/22/2019)
The graded gravel assembly area, picnic table and SS gallon weapon clearance
Containers (Jefferson Countyfrle photo date 3/22/2019)
page 2 of 4
Target stands with concrete footings against the berm.
(Jefferson County file photo date 3122/2019)
According to Clark Vargas, the County's gun range consultant, pistol bullets can travel over
one mile. In February 2018, Fort Discovery's president testified at a public hearing that he
intended to build his gun range whether the County likes it or not. The County can have no
reasonable doubt that construction has commenced in defiance of state and county codes, and
these pictures give everyone cause for alarm because:
• The direction of fire from the gun range is North, towards Pope property and State Highway
104;
■ Pope land is routinely open for day use by hikers, bicyclists and horseback riders;
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* We are entering peak season for recreational activities;
• The chance of a stray bullet leaving the site is high;
• State Highway 104 is less than a mile away.
TRC believes the County's failure to enforce its land use regulations may well expose
Jefferson County taxpayers to a substantial liability claim. If a bystander is injured by gunfire,
the facts are that Jefferson County officials have viewed and photographed this illegal gun
range but have not shut it down. Please do not let it be said that the County failed to act or
allow some plaintiffs attorney the opportunity to tell a jury, "they knew and they did nothing".
page 3 of 4
No constructive public purpose can possibly be served by allowing a private, for profit
corporation to disregard State and County regulations. This threat to the public's health,
safety and welfare can and should be immediately remedied.
We urge you to direct your staff to act swiftly.
Sincerely,
T,i oo Ridge Coalition
Peter Newland
Board President
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DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 98368
■a "�`�'' 360-379-4450 1 email: dcd@co.jefferson.wa.us
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July 10, 2019
Peter Newland
Board President
Tarboo Ridge Coalition
P.O. Box 177
Quilcene, WA 98376
Email: pnewiand cC whidbev.ne#
Sent via email and postal mail
Dear Mr. Newland:
The Jefferson County Commissioners have asked the Jefferson County Department of Community
Development (DCD) to respond to your letters dated June 7, 2019 and June 17, 2019 (together, "TRC's
letters").
On March 22, 2019, representatives of Jefferson County and the Washington Department of Ecology
Inspected Fort Discovery Corporation's (FDC) property in Quilcene (Cedar Hills). On May 10, 2019, DCD
sent FDC a letter detailing FDC's lack of compliance with Jefferson County Code related to Cedar Hills.
As a result of the March 22, 2019 inspection and DCD's May 10, 2019 letter, FDC committed to bring the
property Into compliance with the Jefferson County Code voluntarily. Along with the other agencies
addressing violations at Cedar Hills, including the U.S. Army Corps of Engineers and the Washington
Department of the Environment, the County will insist on full compliance with the laws the County is
responsible for enforcing.
TRC's June 7, 2019 letter states, "The DCD file photographs below indicate that an even more serious
violation that the May 10 letter omitted. Fort Discovery has built a 50 -yard pistol range without a permit,
or lead recovery plan or operating permit." TRC's June 7, 2019 letter, page 1. TRC's letter incorrectly
assumes that the County's commercial shooting facility ordinance, which requires an operating permit for
"commercial shooting facilities," applies to the 50 -yard pistol range. But "commercial shooting facilities"
do not Include: "Any portion of a privately owned property used for lawful shooting practice solely by its
owner or the owner's guests without payment of any compensation to the owner of the privately owned
property or to any other person." JCC 8.50.220(15). FDC advises that this 50 -yard pistol range is used
by "the owner of the property and his guests shoot there on very rare occasions but no money every
changes hands." Fort Discovery's June 19, 2019 letter, a copy of which is attached.
TRC's June 7, 2019 letter also states, "No constructive public purpose can possibly be served by allowing
a private, for profit corporation to disregard State and County regulations. The threat to the public's
health, safety and welfare can and should be immediately remedied." TRC's June 7, letter, page 4.
TRC's lettere fall to point to any "State regulation," related to the discharge of firearms that would prohibit
the owner of private property to discharge firearms on their own property. We would like to point TRC to
RCW 9.41.290 which states:
The state of Washington hereby fully occupies and preempts the entire field of firearms
regulation within the boundaries of the state, including the registration, licensing,
possession, purchase, sale, acquisition, transfer, discharge, and transportation of
firearms, or any other element relating to firearms or parts thereof, including ammunition
and reloader components. Cities, towns, and counties or other municipalities may enact
only those laws and ordinances relating to firearms that are specifically authorized by state
law, as In RCW 9.41.300, and are consistent with this chapter. Such local ordinances shall
have the same penalty as provided for by state law. Local laws and ordinances that are
inconsistent with, more restrictive than, or exceed the requirements of state law shall not
be enacted and are preempted and repealed, regardless of the nature of the code, charter,
or home rule status of such city, town, county, or municipality.
(Emphasis added.) DCD can find no provision in Chapter 9.41 RCW that would authorize Jefferson
County to prohibit a property owner from discharging firearms on their own property.
The review committee that put together a draft commercial shooting facility ordinance, discussed the
preemption In RCW 9.41.290 in detail. TRC Board member Riley Parker was a member of the review
committee. A discussion in the review committee about preemption under RCW 9.41.290 took place at
the August 8, 2018 meeting attended by Riley Parker. See the tape of the August 8, 2018 meeting
starting at about 5 minutes in the exhibits to TRC's Growth Management Hearings Board case
(WWGMHB case) Exhibit 2018 - 013v. An August 8, 2019 PowerPoint on this topic is in the exhibits to
TRC's WWGMHB case (Exhibit 2018 - 017 — 00068-81).
DCD is aware that RCW 9.41.230 provides for criminal penalties for willfully discharging a firearm "in a
public place, or in any place where any person might be endangered thereby." Cedar Hills is not a public
place. TRC's June 7, 2019 letter states, "The chance of a stray bullet leaving the site is high." But the
photos In TRC's letters show that there is a berm between the stands and the Pope property. Any criminal
investigation would be conducted by the Jefferson County Sheriffs Office. DCD is not aware of any
Incident reported to the Sheriffs Office alleging a criminal violation by FDC.
TRC's June 17, 2019 letter criticizes the County for refusing to release "the mediation meeting agendas
or minutes" of a mediation between the County, Fort Discovery and Joseph D'Amico. As the County
explained previously, a mediation party who provides mediation communications to persons who are not
mediation parties violates the law. Mediation communications are privileged per RCW 7.07.040 and
RCW 7.07.050. A "mediation communication" is a statement, whether oral or in a record or verbal or
nonverbal, that occurs during a mediation or is made for purposes of considering, conducting,
participating in, Initiating, continuing, or reconvening a mediation or retaining a mediator. The mediation
privilege cannot be waived, unless it is expressly waived by all the mediation parties. A mediation party
may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
RCW 7.07.30(2)(a). Per RCW 42.56.600, records of mediation communications are exempt from
disclosure under the Public Records Act.
We trust this responds to the issues contained in TRC's letters.
Sincerely,
Patty Chamas, Director
Attachment
FORT DISCOVERY CORP.
250 Center Park Way
Sequim, WA 98382
1-877-976-4750
June 19, 2019
Philip Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County
1820 Jefferson St
Port Townsend, WA 98368
Via email to phunsucker@co.jefferson.wa.us
Re: Non -Commercial Shooting at Cedar [fills Recreational Facility
Philip:
Thank you for calling me this morning and expressing the concerns of the Tarboo Ridge Coalition that
unpermitted shooting is occurring at the Cedar Hills Recreational Facility. Apparently the TRC saw a
picture of some pistol target stands and immediately concluded that commercial shooting was
occurring.
The TRC is incorrect. There is no commercial shooting at the facility. Instead the owner of the
property and his guests on very rare occasions shoot there but no money ever changes hands. I looked
at the definition of "commercial shooting facility" under ch. 8.50 JCC. The activity at the facility falls
within JCC § 8.50.220(15)(a) ("The term `commercial shooting facility' does not include ... Any
portion of a privately owned property used for lawful shooting practice solely by its owner or the
owner's guests without payment of any compensation to the owner of the privately owned property or
to any other person.").
Let me know if you have any further questions.
Respectfully,
Greg Overstreet, General Counsel
Fort Discovery Corp.
1-800-859-3463
greg@ssnwhq.com