HomeMy WebLinkAboutNotice of Violation and Order - Wilkins on Gybe Ho RoadNotice of Violation and Order
Mr. Tim Wilkins Case No.: COM16-00066
PO Box 896
Port Hadlock, WA 98339 Parcel Number: 921092007
Site Address: Gybe Ho Road
Nordland, WA 98358
You are hereby formally notified that pursuant to Jefferson County Code 18.50.060, the Administrator has determined from information gathered during a site visit on May 25, 2016, that
a violation of County land use regulations has occurred at this site as follows (underline text emphasizes areas of violation) :
Violation(s):
Violation of Article VII. Wetlands, JCC 18.22.310 Regulated Activities. Any land use or development activity shall be subject to the provisions of this Article VII, including, but not
limited to, the following activities that are directly undertaken or originate in a regulated wetland or its buffer, unless exempted under JCC 18.22.070:
JCC 18.22.310(1) The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and trails;
JCC 18.22.310(2) The dumping or discharging of any material, or placement of any fill;
JCC 18.22.310(7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, application of herbicides or pesticides, or planting
of vegetation that would alter the character of a regulated wetland; provided that these activities are not part of a forest practice governed under Chapter 76.09 RCW (Forest Practices
Act) and its rules;
Violation of JCC 18.22.330 Wetland Buffer Protection Standards. JCC 18.22.330(4) Drainage and Erosion Control. An applicant submitting a project application shall also submit, and
have approved, a drainage and erosion control plan as specified in this chapter (JCC 18.22.410). The plan shall discuss, evaluate and recommend methods to minimize sedimentation of
designated wetlands during and after construction.
Violation of JCC 18.22.330(5) Buffer Marking. Upon approval of the wetland delineation report, the location of the outer extent of the wetland buffer shall be marked in the field as
follows:
A permanent physical indicator along the upland boundary of the wetland buffer area shall be installed and permanently maintained.
During construction activities, buffer perimeters shall be marked with temporary signs at an interval of one per parcel or every 100 feet, whichever is less. Signs shall remain in place
prior to and during approved construction activities. The signs shall contain the following statement: “Wetland & Buffer—Do Not Remove or Alter Existing Native Vegetation.”
Violation of JCC 18.22.330(6) Buffers—Standard Requirements. The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this
article, and in accordance with the following criteria: Wetland buffer widths shall be measured along a horizontal line perpendicular to the wetland boundary as marked in the field
during delineation if required, or based upon site investigation, aerial photographs, or LiDAR images.
Violation of JCC 18.30.060 Grading and Excavation Standards.
JCC 18.30.060(1)(a) All grading and clearing activities shall be conducted so as to minimize potential adverse effects of these activities on forested lands, surface water quality and
quantity, groundwater recharge, and fish and wildlife habitat, adjacent properties and downstream drainage channels.
JCC 18.30.060(2)(a) Drainage and Erosion Control. All grading activities shall be accomplished as follows: Design and maintain adequate buffers of undisturbed native vegetation to minimize
surface runoff, erosion, and sedimentation.
JCC 18.30.060(3) Best Management Practices (BMPs). BMPs from the currently adopted Stormwater Management Manual for Western Washington or as specified by the county engineer shall be
employed in the control of erosion and sediment during construction, to permanently stabilize soil exposed during construction, and in the design and operation of stormwater and drainage
control systems.
JCC 18.30.060(4) Environmentally Sensitive Areas. All clearing and grading activities that will adversely affect environmentally sensitive areas shall be subject to the regulations
of Chapter 18.22 JCC. Regulated wetlands—Alteration (filling, excavating, or draining) of regulated wetlands shall be subject to the provisions of Chapter 18.22 JCC, Article VII Wetlands.
Violation of JCC 18.30.070 Stormwater Management Standards. All new development and redevelopment must conform to the standards and minimum requirements set by the most current version
of the Washington Department of Ecology Stormwater Management manual for Western Washington and obtain a stormwater management permit if required by subsection (5).
JCC 18.30.070(5). Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or more (not exempted under 18.30.060(5)(b)), land-disturbing activities of 7,000 square
feet or more, or creation of 2,000 square feet or more of impervious surface shall be subject to a stormwater management permit. Prior to issuance of a stormwater management permit,
the applicant shall submit the required stormwater management permit consistent with a Type I permit process only upon a finding that the proposed use or activity meets all applicable
requirements of JCC 18.30.060 and this section, and any other applicable requirements of this code.
Location of Violation(s):
Address: Unaddressed property adjoining to west side of 415 Gybe Ho Road, sometimes referred to as 2711 Gybe Ho Road
Assessor Parcel Number: 921092007
Situated in Jefferson County, Washington.
Required Correction(s):
Violation(s) must be corrected by taking the following action(s):
PROVIDE UPDATED SITE PLAN
REWORK STORMWATER PERMIT APPLICATION TO MEET MINIMUM REQUIREMENTS AND ADDRESS CLEARED AREAS
RESTORE BUFFER: THE BEST APPROACHS TO RESTORING THE IMPACTS ARE NOT KNOWN AT THIS TIME. COORDINATION WITH THE STATE DEPARTMENT OF ECOLOGY WILL BE NECESSARY, TO DEVELOP AN INTEGRATED
SET OF ACTIONS WITH THE EXISING STATE ORDER.
Civil Penalty/Notice of Lien:
Per JCC 18.50.110, civil penalties in the amount of $100.00 per day, per violation, shall be assessed against you and the property commencing retroactively to May 25, 2016, until the
required corrections have been completed to the satisfaction of the Jefferson County Department of Community Development. The civil penalties are charged as a joint and separate personal
obligation of all persons cited by this Notice and Order, and as an unperfected lien against the property.
Abatement/Notice of Lien:
If you fail to correct all violations by October 1, 2016, the Administrator will abate the above JCC violation(s) by causing necessary corrective action to be taken. The cost of the
abatement work will be charged as the joint and separate obligation of all persons cited by this Notice and Order, and as an unperfected lien against the property. Such lien can be
transformed in Superior Court into a money judgment against the property that could lead to the foreclosure and sale of the property.
Suspension and Revocation of Permits:
In the event compliance has not been accomplished by the deadline date indicated above, any land use approvals or building permits related to the subject violation(s) shall be suspended
pending compliance and may be permanently revoked.
Notice to Title:
Failure to correct the violations by the date noted may result in a “Notice to Title” being recorded with the Jefferson County Auditor, documenting that this property is out of compliance
with applicable provisions of Jefferson County land use Regulations or building codes.
Appeal of this Order:
If you are served with this Notice and Order, you may appeal it to the Jefferson County Hearing Examiner. Appeals shall be filed in writing with the Jefferson County Department of Community
Development within fourteen (14) calendar days from the date of service of this Notice and Order. Any per-day civil penalty shall not accrue during the pendancy of an appeal, unless
the Hearing Examiner determines that the appeal is frivolous or intended solely to cause delay. A $995.00 filing fee must accompany the appeal.
IF YOU FAIL TO APPEAL THIS NOTICE AND ORDER, IT BECOMES FINAL WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER. FAILURE TO FILE A COMPLETE AND TIMELY APPEAL CONSTITUTES A WAIVER
OF ALL RIGHTS TO AN ADMINISTRATIVE APPEAL UNDER COUNTY CODE.
Dated this, day, 30 June 2016.
Jefferson County Department of Community Development
David Goldsmith
Interim DCD Director / Building Official
cc: Jefferson County Deputy Prosecuting Attorney
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