SSDP violation letter final.pdfIhc.189v
May 13, 2009
CITY OF EDMONDS
121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 • FAX (425) 771-0221
Website: wwwxi.edmondsma.us
DEVELOPMENT SERVICES DEPARTMENT
Planning - Building - Engineering
Vladan Milosavljevic
Meadowdale Marina, LLC
23423 Brier Road
Brier, WA 98036
RE: MEADOWDALE MARINA (1611176f" PLACE WEST)
ORDER TO CEASE AND DESIST / NOTICE OF CIVIL PENALTY
Dear Mr. Milosavljevic:
GARY HAAKENSON
MAYOR
Based on observations of the project by City staff on May 4 and 7, 2009, it has been determined that
you are in violation of your Shoreline Substantial Development Permit for Meadowdale Marina (SM -
05 -94). The enclosed photographs taken on May 4th and May 7th clearly indicate new work having
been done at the site within the waters of Puget Sound, specifically the installation of at least three
new concrete footings for new pilings under the trestle portion of the pier. As you are aware, no
work at the site has been permitted by the City since the associated building permits needed to
complete the work have not been issued (BLD -2048-0693 and 13LD-2008-0694). This delay has not
been caused by the City but rather because you have not responded to multiple City requests for
additional information regarding the permits.
With respect to the Shoreline Permit violation, Condition 4 of the Hearing Examiner's approval of
SM -05-94 states:
"The project must implement the ESA requirements and/or agreements set forth in the
Biological Evaluation, Proposed Repairs, Meadowdale Pier, Edmonds, Washington, dated
June 17, 2005 in their entirety. The project will also have to comply with any conditions
placed on it by the Army Corp of Engineers, Washington State Departments of Ecology, Fish
and Wildlife, and Natural Resources, and/or the National Marine Fisheries Service including
times of year the proposed work may take place."
Attachment B to the Biological Evaluation referenced in SM -05-94, Essential Fish Habitat
Assessment for Meadowdale Pier, states in the Conclusions on Page 3: "Timing windows will be in
place to minimize adverse affects on juvenile salmon and to protect ground fish habitats."
(Attachment 1) The timing window is clearly defined in the associated permits from the Army Corps
(Attachment 2) and from the Washington State Departments of Ecology and Fish and Wildlife
(Attachments 3 & 4) which indicate that work below the OHWM cannot occur at the site between
February 16 and July 15 of any year in order to protect juvenile salmon.
Incorporated August 11, 1890
Sister City - Hekinan, Japan
Pursuant to WAC 173-27 and RCW 90.58, all nonpermitted work at Meadowdale Marina shall
immediately cease and desist. The WAC and RCW allow the City to seek both civil and criminal
penalties as a result of this violation. Based on the apparently willful nature of the violation in
disregarding the permitted timeframe to perform the work allowed by the shoreline permit, the fact
that the work was performed without valid building permits, and the potentially significant impact of
the violation upon juvenile salmon and the shoreline environment, a civil penalty of $500 per day is
hereby issued and will accrue each day the violation persists from the date of this notice until the
violation is corrected. This violation may only be corrected by obtaining building permit approval to
perform the work identified in the Shoreline Substantial Development Permit {SM -05-94} pursuant to
the timelines identified in the associated Biological Evaluation.
You may apply to the City for remission or mitigation of this civil penalty within 30 days after
receipt of this notice. The City may remit or mitigate the penalty only upon a demonstration of
extraordinary circumstances, such as the presence of information or factors not considered in setting
the original penalty. You may also appeal this notice to the Edmonds City Council. The deadline for
filing an appeal is 30 days after receipt of this notice unless you have applied for remission or
mitigation of the penalty amount as indicated above. In that event, the deadline for filing an appeal
to the Edmonds City Council is 30 days after receipt of the City's determination regarding your
application for remission or mitigation of the penalty amount.
Issuance of this civil penalty does not preclude the City from seeking criminal redress. The City is
also instituting a review of the approved Shoreline Substantial Development Permit pursuant to
Section 20.100.040 ECDC.
If you have any questions, please contact me at 425-771-0220.
Sincerely
Michael D. Clugston, AICP
Planner
Enclosures
Cc: City of Edmonds Code Enforcement
City of Edmonds Building Division
David Pater
Shorelands and Environmental Assistance
Department of Ecology
3190 160th Avenue SE
Bellevue, WA 98008
Laura Arber
Washington Dept of Fish and Wildlife
North Puget Sound
16018 Mill Creek Blvd.
Mill Creek, WA 98012-1296
Michelle Walker
Chief, Regulatory Branch
Department of the Army
Seattle District, Corps of Engineers
PO Box 3755
Seattle, WA 98124-3755
Keith P. Scully
Gendler & Mann, LLC
1424 Fourth Avenue, Suite 1015
Seattle, WA 98101