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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