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HomeMy WebLinkAbout110322 378 S_ Bay Lane_ Port Ludlow________________________________ ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. ________________________________ Dear Director Butler: We represent Sue Kaysinger. We received the declaration of Phillip Cecere outlining his response and inspection to the complaint Ms. Kaysinger filed regarding development at 378 South Bay Land in Port Ludlow. Please consider the following comments and request for further action: The declaration states that the ordinary high water mark and setback was marked consistent with the site plan. With all respect, this is not an adequate inspection into whether the applicant is complying with Building Permit 2022-00090 (Permit). The site plan is a component of the Permit issued by the County. The Permit also includes and requires compliance with the Habitat Assessment prepared by Soundview Consultants (Habitat Assessment). That Habitat Assessment delineated an OHWM (landward of the one depicted on the site plan), assessed impacts to the environment based on work done within the shoreline based on that delineation and proposed mitigation to ensure no net loss of ecological functions as a result of those impacts. There is a conflict over the property OHWM line within the Permit that was created by the applicant. That conflict should be resolved against the applicant. The OHWM was surveyed by Soundview in the Habitat Assessment. In Chapter 3, page 4 of the Habitat Assessment Soundview states that “To mark the OHW of the shoreline, blue surveyor’s flagging was alpha numerically labeled and tied to vegetation.” This confirms that the OHWM is along the bluff where vegetation exists. Yet, by any measure, calculating the setback backwards from the stakes placed by the applicant based on the site plan places the OHWM well waterward of any vegetation (by almost 25 feet). Again, I have attached the survey from Camp Land Surveyor that illustrates this. Notably, there is no reference to the blue flags in Mr. Cecere’s Declaration. We can only assume that the applicant removed the flagging so proper delineation of the OHWM would be more difficult for inspectors. The applicant is not in compliance and cannot comply with its permit. For example, and without limitation, the Permit requires that the applicant “fully implement the Mitigation/Planting Plan as described in Chapter 7 of the Habitat Assessment.” That mitigation plan is premised upon the OHWM delineated by Soundview not the Site Plan. By constructing the residence within the reduced buffer measured by the Soundview OHWM the approved mitigation is no longer protective of ecological functions. Second, the applicant cannot fully implement the mitigation plan because it is constructing the residence within the setback where mitigation is required per the Permit: “Additionally, the project proposed to enhance the entire reduced shoreline buffer by removing invasive species across the entire buffer and replanting with native tree, shrub and herbaceous species.” (Chapter 7 of the Habitat Assessment). The mitigation requires this work be done in the reduced buffer delineated by Soundview, not the Site Plan. In short, the County should demand that the applicant have Soundview replace the blue surveyor flagging it placed to delineate the OHWM per its Habitat Assessment. The County should then measure the reduced buffer and setback from the flagging and determine whether the staked line and construction is within the reduced buffer established by the Habitat Assessment. If construction is occurring inside the setback, as we believe, we expect the County to take appropriate enforcement action including, but not limited to, a stop work order. Please let me know if you have any questions. Respectfully, JT Cooke NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 5C3CAFA4DD749BC1EFB2EFC3D16AF@co.jefferson.wa.us