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Home My WebLink AboutECY Administrative Order 13100Vn STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 • Olympia, Washington 98504J]]5 • (360) 407-6300 January 6,2016 Administrative Order m13100 Docket Gybe Ho Road 2711 (or 502) Gybe Ho Road, Timothy L Wilkins Timor li Nordland. WA 98358; Jefferson 10953 Madison Ave County Parcel 4921092007 Bainbridge Island, WA 98110 li Re: Administrative Order Dear Mr. Wilkins: Enclosed is Agreed Order number 13100 between the Department of Ecology and Timothy L. Wilkins to achieve compliance with state water quality standards. All correspondence relating to this document should be directed to Rick Mraz at the Department of Ecology, Southwest Regional Office, PO Box 47775 Olympia, WA 98504-7775 or rmraz461Cecv.wa.gov. If you have questions, please contact Rick Mraz at (360) 407-6221 or rmraz461.aecy.wa.eov. Sincerely. P Lund, Unit Supervisor Shorelands and Environmental Assistance Program Southwest Regional Office Enclosures: Administrative Order Docket g13100 By certified mail: 7014 0150 0000 9188 5421 cc: Kerry Carroll, Ecology Paula Ehlers, Ecology Jerald Gregory, Army Corps of Engineers STATE OF WASHINGTON DEPARTMENT OF ECOLOGY IN THE MATTER OF AN ) ADMINISTRATIVE ORDER ADMINISTRATIVE ORDER ) DOCKET 413100 AGAINST ) Timothy L. Wilkins ) To: Timothy L Wilkins 10953 Madison Ave Bainbridge Island, WA 98110 Locat� ion 2711 (or 502) Gybe Ho Road, Nordland, WA 98358; Jefferson County ',, parcel # 921092007. Description Land clearing and fill activhies not authorized by the Department of Ecology in jurisdictional wetlands. This is an Agreed Order between the Department of Ecology (Department) and the Timothy L. Wilkins to achieve compliance with Chapter 90.48 Revised Code of Washington (RCW) and Chapter 173-201A Washington Administrative Code (WAC) by miring certain actions which are described below for the discharge of polluting matters into waters of the state at the subject property. RECOGNITION OF THE DEPARTMENTS JURISDICTION This Agreed Order is issued pursuant to the authority vested in the Department by the Federal Water Pollution Control Act (FWPCA), 33 USC sec 1311, et sea. and by Chapter 90.48 RCW. RCW 90.48.030 provides that the Department shall have thejurisdiction to control and prevent the pollution of streams, lakes, rivers, ponds, inland waters, salt waters, water courses, and other surface and underground waters of the state of Washington. Timothy L. Wilkins agrees to undertake all actions required of it by the terms and conditions of this Agreed Order and not to contest the Department's jurisdiction and authority to administer this Agreed Order. STIPULATED FACTS RCW 90.48.120(2) authorizes the Department to issue administrative orders requiring compliance whenever it determines that a person has violated or created a substantial potential to violate any provision of Chapter 90.48 RCW. The Departments determination that a violation has occurred is based on the following facts: Ecology staff conducted a site visit with you and your consultant on July 28, 2015, at which time Ecology identified areas of cleared, graded, excavated and filled wetlands. On -site wetlands have been subject to mechanized land clearing and the deposition of fill. Based upon a draft wetland restoration report, prepared by Ecological Land Services and dated December 2015, approximately 0.2 acre of wetland has been altered. Activities in wetlands were not authorized by the Department of Ecology through any required permit process. SCOPE OF WORK AND SCHEDULE - - - ..,' For these reasons, and in accordance with RCW 90.48.120(2) IT IS AGREED, that Timothy L. Wilkins shall take the following actions and not contest the Department's jurisdiction and authority to administer this Agreed Order. These actions are necessary to satisfy the requirements of Chapter 173-201A WAC. Timothy L. Wilkins has participated in defining these actions and the schedule by which they shall be completed. Imolementation I. Timothy L. Wilkins shall restore impacts to wetlands as described in the Wetland Restoration Plan, prepared by Ecological Land Services (ELS) and dated December 2015, except as modified in this Agreed Order or revised and approved by the Department. 2. Timothy L. Wilkins shall begin the restoration project within two (2) months of the date of this Agreed Order. If restoration does not begin within two (2) months, the Department may require additional compensation to account for additional temporal loss. Modifications to the Weiland Restoration Plan 3. Required plant survival for monitoring year 2 is reduced to 90% and monitoring year 3 percent survival is reduced to 80%. If 80% is achieved in year 3, no further monitoring for survival is required. 4. An as -built report, prepared by a qualified wetland professional, shall be provided to the Department within 30 days of completion of the restoration plantings. 5. The as -built report shall contain the following: A. A report that identifies the date on which construction at the compensatory mitigation site was completed and if there were any changes from the plan approved by the Department. B. Drawings showing actual locations and quantities of plantings within the restoration area. C. A list of any follow-up actions, if needed, with a schedule. D. Plan sheets/drawings showing the as -built conditions. E. Photos to document baseline conditions. 6. Alder and red cedar plantings in the restored wetland are to be doubled (50-60 plants of each species). monitoring and Maintenance 7. Timothy L. Wilkins, or his agent, shall monitor the restoration site for a minimum of five (5) years. Timothy L. Wilkins, or his agent, shall use the monitoring methods described on pages 7-8 of the Restoration Plan, or as revised and approved by the Department. S. Timothy L. Wilkins shall submit monitoring reports as detailed on pages 7-8 ofthe Restoration Plain. 9. Timothy L. Wilkins shall consult with the Department if unidentified contingency measures are necessary. I0. Timothy L. Wilkins shall provide access to the site upon request by Fcology personnel for site inspections, monitoring, necessary data collection, and/or to ensure that conditions of this Agreed Order are being met. PROHIBITION OF NEW WORK WITHIN WATERS OF THE STATE, -'- Timothy L. Wilkins is prohibited from undertaking regulated activities (i.a, mechanized clearing, filling, excavating, draining, or any discharge of pollutants) within waters of the state or their restored buffers on the subject property, except for approved restoration work, until the actions defined in the "Scope of Work and Schedule' Section of this Agreed Order are completed and the Department has issued a written Order of Satisfaction. Timothy L. Wilkins agrees to implement this prohibition. Timothy L. Wilkins acknowledges that the restoration plan prepared by ELS applies to restoration work only, and that any future site development may require permitting from Jefferson County Department of Community Development, Driveway spoils shall not be placed in wetland buffers without requisite permitting. Additional mitigation for new work in wetland buffers may be required pursuant to that permitting. -- Timothy 1.. Wilkins shall provide regular progress reports to the Department on his efforts to comply with the requirements of this Agreed Order. Progress reports shall be conducted and submitted consistent with the monitoring plan on pages 7-8 of the Restoration Plan Timothy L. Wilkins shall promptly notify the Department of any occurrence which may result in non- compliance with the requirements of this Agreed Order. Such notification shall state the nature of the potential non-compliance, the reason(s) therefore and the actions taken by Timothy L. Wilkins to address die potential non-compliance. AMENDMENTS-TO.THE AGREED�SCOPE OFWORK ANDSCFiEOULE -:: .,_ -._; Amendments to the agreed scope of work and schedule may be requested for good cause. Extension of deadlines imposed by this Agreed Order shall be granted only when requests for extensions are submitted in writing within 30 days of Timothy L. Wilkins becoming aware of a circumstance which may result in non-compliance with the Restoration Plan. To be effective, all proposed amendments must he agreed to and signed by the persons with signature authority for. each Party and attached to this Agreed Order. TERMINATION Of•TkFE AGREEgQRDER __ T ==- The Department shall issue an Order of Satisfaction upon finding that the restoration at the subject Property has been completed. Upon issuance, the requirements of this Agreed Order shall be deemed to be fulfilled and shall have no further effect on Timothy T.. Wilkins. FAILURE TO COMPLY - _ -- Failure to comply with this Agreed Order may result in the issuance of civil penalties of up to $10,000 per day or other actions, whether administrative orjudicial, to enforce the terms of this Agreed Order. C0019f ibFORMATION _ :... ----- --- Please direct all questions about this Order to: Rick,Mraz Department of Ecology Southwest Regional Office PO Box 47775 Olympia, WA 98504-7775 (360)407-6221 rmra7.4610.ecvt a ecv SIGNATURE Perry 3 L dTUnit Supervisor Shoprblinds and Environmental .Assistance Program Southwest Regional Office Timothy L. Wilkins Date 'y�ste