HomeMy WebLinkAboutSigned Violation & OrderJEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend, WA 983681 Web: www.m.Jefferson.wa.us/communitvdevelooment
Tel: 360.379.44501 Fax: 360.379.4451 1 Email: dcd@co.iefferson.wam
Building Permits
Mr. Tim Wilkins
PO Box 896
Port Hadlock, WA 98339
Notice of Violation and Order
Case No.: COM16-00066
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):
1. 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 oriamate in a regulated wetland or its buffer, unless exempted under JCC 18.22.070:
a. JCC 18.22.310(1) The removal, excavation, orading. or dredging of material of any kind, including the
construction of ponds and trails;
It. JCC 18.22.310(2) The dumping or discharging of any material, or placement of any fill:
c. JCC 18.22.310(7) The destruction or alteration of wetland vegetation through Gearing 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 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.
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:
4. Violation of JCC 18.22.330(6) Buffers —Standard Requirements. The administrator shall have the authority to reouire
buffers from the boundaries of all wetlands as established by this article, and in accordance with the following criteria:
Weiland 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.
5. Violation of JCC 18.30.060 Grading and Excavation Standards.
a. 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 ouantily. groundwater recharge, and fish
and wildlife habitat adjacent properties and downstream drainage channels.
FORMAL NOTICE REV. 01XR19113 Page 1
b. JCC 18.30.060(2)(a) Drainage and Erosion Control. All grading activities shall be accomplished as follows:
Desian and maintain adequate buffers of undisturbed native vegetation to minimize surface runoff, erosion
and sedimentation.
c. 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
d. JCC 18.30.060(4) Environmentally Sensitive Areas.
6. Violation of JCC 18.30.070 Stormwater Management Standards.
a. JCC 18.30.070(5). Stormwater Management Permit and Plan Review. All grading of 500 cubic yards or mom
(not exempted under 18.30.060(5)(b)), land -disturbing activities of 7,000 square feet or more or creation of
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):
7. PROVIDE UPDATED SITE PLAN
8. REWORK STORMWATER PERMIT APPLICATION TO MEET MINIMUM REQUIREMENTS AND ADDRESS
CLEARED AREAS
9. 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.
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street J Port Townsend, WA 983681 Web: wwmco.iefferson.wa.uslcommunitvdevelooment
Tel: 360.379.4450 1 Fax: 360.379.4451 1 Email: dcd@co.iefferson.wa.us
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 pendency 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
W: Jefferson County Deputy Prosecuting Attorney
File
FORMAL NOTICE REV. 011DM013 Page