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HomeMy WebLinkAboutMLA16-00048 Abandonment Letter Stormwater¢SoN Co JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 `may o 360-379-4450 1 email: dcd@coJefferson.wa.us 41It NG www.co.jefferson.wa.us/commdevelopment 01 /03/2020 Timothy L. Wilkins 10953 Madison Bainbridge Island, WA 98110-3348 Re: Abandonment of MLA 16-00048 CASE #ZON16-00016 Stormwater Permit 413 Gybe Ho Road, Nordland, WA Parcel No. 921092007 Mr. Timothy L. Wilkins: On 6/30/2016, Jefferson County Department of Community Development (`DCD') issued a Notice of Violation and Order in connection with violations of JCC 18.22.310, 18.22.330, 18.30.060 and 18.30.070 (Complaint COM16-00066). The work was started under Stormwater Permit application MLA16-00048/ZON16- 00016. The corrective actions pursuant to the Notice of Violation and Order and request for additional information for a complete application required you to 1) provide an updated site plan, 2) rework the stormwater permit application to meet Minimum Requirements # 145 of the Stormwater Management Manual for Western Washington and revise the stormwater plan to address additional cleared areas triggering the Violation and Order, and 3) restore the wetland buffer to meet the specifications of the Washington Department of Ecology Administrative Order # 13100. As of January 3, 2020, DCD has not received the required additional information. Given the length of time since your 5/24/2016 land use application, and noncompliance with DCD's request for additional information and corrective action, DCD has determined that your stormwater permit a lication is abandoned and withdrawn, pursuant to JCC 18.40.310. All application fees, if any retrain, will be forfeited. If this understanding is incorrect, please respond in writing to this letter within 15 calendar days. If DCD receives no response, your application will be deemed abandoned and withdrawn. The abandonment and withdrawal of the stormwater permit has no effect on the corrective actions required in the Notice of Violation and Order (COM16-00066), which is stilI in full force and effect. You are still subject to civil penalties until the required corrections have been completed to the satisfaction of the Jefferson County Department of Community Development. If you would like to discuss this matter further please contact Joel Peterson, AICP, Associate Planner, at (360) 379-4457 or ' eterson co.'efferson.wa.us. Respectfully, Li da araler Planning Manager Attachment: Notice of Violation and Order, Case No. COM16-00066, Parcel No. 921092007 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, INA 983681 Web: www.co.iefferson.wa.uslcommn n[ deveio ment Tel: 360.379.44501 Fax: 360.379.4451 1 Email: dod@cojeffersonma.us Building Permits & inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Center Notice of Violation and Order Mr. Tim Wilkins Cass ,"I PO Box 896 EOM 1-0085 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 and 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 o rig inate in a re P ulated wetland or its buffer, unless exempted under JCC 18.22.070: a. JCC 18.22.310(1) The removal excavatigDgrading, or dredclinq of material of any kind, including the construction of ponds and trails; b. JCC 18.22.310(2) The dumping or discltar in of an material, or placement of any fill c. 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; 2. 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 con trot 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. 3. 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. A Dormanent physical indicator along the upland bounds of the wetland buffer area shall be installed and permanently maintained. b. During construction activitiesr buffer. perimeters shall be marked with temporary signs at an interval of one per parcel or ever►+ 100 feet , whichever is less Si ns shall remain in place prior to and rhirinn approved construction activities. The signs shall contain the following statement: "Wetland & Buffer —Do Not Remove or Alter Existing Native Vegetation-' 4. 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 bounds as marked in the field during delineation if required, or based upon site investigation, aerial photographs, or LiDAR images. 5. Violation of JCC 18.30.060 Grading and Excavation Standards. a. JCC 18.30.060(1)(a) All grading and clearin i activities shall be conducted so as to minimize otential adverse ef€ects of these activities on forested lands surface water uali# and groundwater reqhqCgftap1fsh and wildlffe habitat, adiacent oronerties and downstream drainage channels. FORMAL NOTICE REV. 01/09/2013 Page 1 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 J Web: www,co.iefferson.wa.us/cammuni develo ment Tel: 360-379.44501 Fax: 360.379,4451 1 Email: ggq@2o.'efferson.wa.us Building Permits & Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Center 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 pen dancy of an appeal, unless the Hearing Examiner determines that the appeal is frivolous or intended solely to cause delay. A $995.00 filing fee must accompany the appeal. IF YOU FAIL TO APPEAL THIS NOTICE AND ORDER, IT BECOMES FINAL WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER. FAILURE TO FILE A COMPLETE AND TIMELY APPEAL CONSTITUTES A WAIVER OF ALL RIGHTS TO AN ADMINISTRATIVE APPEAL UNDER COUNTY CODE. Dated this, day, 30 June 2016. Jefferson County Department of Community Development f David Goldsmith Interim DCD Director / Building Official cc: Jefferson County Deputy Prosecuting Attorney File FORMAL NOTICE REV.01/09/2013 Page 3 W Complete items t; 2, and 3. Also complete e 3 it$rii 4:�f ReV.jcted Delivery is desired. ■ Prrn't fur riame anal address on the reverse so'that,•we cgr,•returti the card to you. ■ Attach this bard to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: irj,,�. j ©q n, Ism .�Atlow Zq , WII lee p A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed ame) C. Date of Delivery D. Is delivery address different from item 1 ? ❑ Yes If YES, enter delivery address below: ❑ No 3. 5ervfce Type Certified Mail® 0 Priority Mall Express" ❑ Registered *Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Dei[very 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (transfer from service label) 7 014 0 510 0002 0498 2991 PS Form 3811, July 201'a UNITED STATES` 4 kVICE 'Domestic Return Receipt 7First-Class Mail e & Fees Paid No. G-10 r Please print your name, address, and ZIP+4® in this box• _. � cv e�CIO sr DEPT COMMI.INIiY MEa_OPMENT `Ji_:F FERSON COUNTY z RI 621 SHERiDAN ST. P U1 ti 47o) h j C2.4 ii)lilli)i, ,)ii�,i i11,)Ili)1),i,III) ill l,Ili) iil11:11! )))i))1i' a 117 nj CID 0' Postage $ 0 , S �O C3 Certified Fee ru Return Recelpt Fee C3 (Endorsement RequirA Postmark Here r 2,80 C3 X3 Reatrlcted Delivery Feo (Endorsement Flaqu fired} C3 Total Postage &Fees $ C3 Sent To --------------------- C3 or PO Box No. -- _pan. f` Cily, S,are, ZIP+a t p �f �!- {r St��- PS Form 3800,.Aug.ust 200.6. See Reverse for Instructions