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Environment articles

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Dave Honeywell, the owner of the property formerly known as Mar Vista Resort, must pay a $1,000 fine for the clearing of trees, shrubs and other vegetation from  more than one acre of shoreline.

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A restoration plan for the property, which is located on False Bay Drive on the west side of San Juan Island must be submitted to and approved by the state Department of Ecology.

Staff from the state Department of Fish and Wildlife will review the site of a native population of Golden Paintbrush plants in May or June to confirm the burn did not damage the flowers.

Approximately 80 trees including, Maple, Alder and Douglas Fir,  were cut and pushed into four large burn piles according to the Notice of Violation.

One permit for a 10 by 10 foot fire had been issued by the San Juan Island Fire Department according to fire department staff.

Allen Benjamin Engle, owner of Sound Ground, was fined a total of $2,000 for doing the work.

 

Ted Thomas, an ecologist from the Department of Fish and Wildlife inspected the site  on January 29, more than six weeks after the work was done on December 13, 2013. A native population and a planted population of the federally endangered Golden Paintbrush plant existed on the site. In his report to the Department of the Interior he wrote:

"Because the golden paintbrush was dormant at the time the fire burned, we would anticipate no take of the plant from this action alone. Again, no direct disturbance beyond the burning of the surface grass occurred where the native population of golden paintbrush existed. This may in fact, improve the conditions for the plant , but this can only be assessed during late May, early June, 2014 when the plant would normally be in flower and we would monitor the plant population during our annual, complete survey at this site.

"In summary, the disturbance to the hillslope from the cutting, removal and burning of wood and shrub debris missed disturbing, or taking of individual golden paintbrush plants or the population by less than one meter (- 39.6 inches). My assessment is that no take of golden paintbrush occurred during this clearing of the hillslope vegetation.

NOTICE OF VIOLATION:

BACKGROUND:

On December 13, 2013, the date this violation was first identified to or by the director of San Juan County Community Development & Planning, San Juan County Building Official John Geniuch visited tax parcel 353344008, now commonly referred to as the "Mar Vista" site, in response to a complaint regarding clearing, grading, and burning activity on the shoreline.

Upon his arrival Mr. Geniuch observed a crew of workers, later identified as employees of Allen Benjamin Engle, owner and operator of "Solid Ground", and near them on the ground a chain saw with a thirty two (32) inch bar, rakes, shovels, and one worker using a small orange excavator to push logs of mainly Alder, Maple, and Douglas Fir, and brush consisting of mainly small tree saplings and snow-berry, and other vegetative debris into four (4) large burn piles that were actively burning in an area of approximately one and a quarter acre located from the central small white cabin to the most western point of the property, and from the crest of the bank down to the ordinary high water mark, and which had been cleared of vegetation down to mineral soil.

Mr. Geniuch spoke to the workers and directed them to stop their activity and to put out the fires; Mr. Geniuch then proceeded to write out and post a Stop Work Order during which Allen Benjamin Engle arrived at the site refusing to speak to Mr. Geniuch and directing his crew to pick up their gear and leave.

 It has since been established that Allen Benjamin Engle was hired by the owner, Dave Honeywell, to "clean-up the hillside, remove any old trails, and return the hillside to a natural appearance ... " -Dave Honeywell, Statement of Dave Honeywell 1/2/2014.

VIOLATIONS:

On or about days between September 26, 2013 and December 13, 2013 at the Orca Dreams Property and in the vicinity described above, David Honeywell and/or Allen Benjamin Engle did work or caused work to be done within 200 feet of the ordinary high water mark that included the clearing of vegetation to ground level, including the removal of approximately eighty (80) trees, shrubs and other vegetation, which work was not associated with an approved shoreline development and was conducted shoreward of shoreline building setback established by the legally existing non-conforming small white cabins at the crest of the bank, which work was not the normal nondestructive pruning and trimming of vegetation for maintenance purposes or the removal of plants listed on the state noxious weed list, in violation of SJCC l 8.50.060(A) and the Revised Code of Washington State (RCW) 90.58.210(2).

On or about days between September 26, 2013 and December 13, 2013 at the Orca Dreams Property and in the vicinity described above, David Honeywell and/or Allen Benjamin Engle did work or caused work to be done within 200 feet of the ordinary high water mark that included the clearing of vegetation to ground level, including the removal of approximately eighty (80) trees, shrubs and other vegetation, which work was "land­ disturbing activities of greater than one acre" and violating the requirements of SJCC § 18.60.070 Preamble by not conforming to the standards and minimum requirements set forth by the Washington Department of Ecology Stormwater Management Manual Volume 1, Chapter 1, and Section 1.6.9 by failing to apply for and receive approval of an NPDES Construction Stormwater General Permit from the Washington State Department of Ecology.

On or about days between September 26, 2013 and December 13, 2013 at the Orca Dreams Property and in the vicinity described above, David Honeywell and/or Allen Benjamin Engle did work or caused work to be done within 200 feet of the ordinary high water mark that included the clearing of vegetation to ground level, including the removal of approximately eighty (80) trees, shrubs and other vegetation, which work was "land­ disturbing activities of greater than one acre" and violating the requirements of SJCC § 18.30.11O(B) and § 18.60.070 Preamble by not conforming to the standards and minimum requirements set by the Washington Department of Ecology Stonnwater Management Manual Volume 1, Chapter 2, and Section 2.4 by failing to apply for and receive approval of a stormwater management site plan that adheres to minimum requirements 1- 10.

CORRECTIVE ACTION:

Required Corrective action(s) are:

1. Pursuant to Washington Administrative Code § 173-27-270 and San Juan County Code §18.100 et al. all clearing and grading activity in the Shoreline Jurisdiction is to cease and desist.

2. Pursuant to RCW 90.58.050 Orea Dreams LLC shall develop a Restoration Plan that mitigates the disturbed area as described above in accordance with the Washington State Department of Ecology who shall review and approve the plan.

The above violation(s) must be corrected by March 27, 2014.

MONETARY PENALTY ASSESSED BY SAN JUAN COUNTY ON ALLEN BENJAMIN ENGLE

Pursuant to the authority granted by San Juan County Code § 18.100.200, a civil penalty is hereby imposed on ALLEN BENJAMIN ENGLE for development on the shoreline in violation of the shoreline master program as described above, in the amount of one thousand dollars ($1,000) for the violation of SJCC § 18.30.1l O(B), § 18.60.070 Preamble, and SJCC § 18.50.060 as described above.

The County may assign unpaid fines to a collection agency pursuant to SJCC 18.100.190.

San Juan County may claim a lien for any monetary penalty imposed and the cost of abatement.

POTENTIAL FOR ADDITIONAL MONETARY PENALTIES FOR FAILURE TO COMPLY:

Pursuant to SJCC 18.100.130 fines shall be assessed for failure to respond to or comply with this Notice by the compliance deadline as follows:

• Day 1 to 45 a fine of $500 a day shall be assessed.

• Day 46 days to 60 an additional fine of $1000 (=1500) a day shall be assessed

• Day 61 days to 90 an additional fine of $1000 (=$2500) shall be assessed

The County may assign unpaid fines to a collection agency pursuant to SJCC 18.100.190.

NOTICE OF LIEN/ABATEMENT

A lien for any monetary penalty imposed and the cost of abatement may be claimed by San Juan County.

ADMINISTRATIVE APPEAL:

Pursuant to SJCC § 18.100.130, this Notice of Violation may be appealed by delivering a written appeal conforming to the requirements of SJCC § 18.100.130 to the Director of CD&P by U.S. Mail, or personal delivery during the business hours of CD&P, along with the administrative fee, within 45 days of the date of service of this Notice of Violatio.

Failure to file a timely and complete appeal may constitute a waiver of all rights to appeal this Notice of Violation.

MONETARY PENALTY ASSESSED BY SAN JUAN COUNTY ON DAVID HONEYWELL AND ALLEN BENJAMIN ENGLE

Pursuant to the authority granted by RCW 90.58.210, a civil penalty is hereby imposed on DAVID HONEYWELL for development on the shoreline in violation of the shoreline master program as described above, in the amount of one thousand dollars ($1,000) for the violation of SJCC § 18.50.060, as described above. Pursuant to RCW 90.58.210 (4) the penalty imposed ipursuant to this section by San Juan County may be subject to review by the San Juan County Council by filing an appeal with the Clerk of the County Council within thirty days from the date of receipt of this document imposing the penalty.

Pursuant to the authority granted by RCW 90.58.210, a civil penalty is hereby imposed on ALLEN BENJAMIN ENGLE for development on the shoreline in violation of the shoreline master program as described above, in the amount of one thousand dollars ($1,000) for the violation of SJCC § 18.50.060, as described above.

Pursuant to RCW 90.58.210 (4) the penalty imposed pursuant to this section by San Juan County may be subject to review by the San Juan County Council by filing an appeal with the Clerk of the County Council within thirty days from the date of receipt of this document imposing the penalty.

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