Pearson e.mail log since 2007
7-21-07
Hi Marianne. There is a posted notice and Application on this property you might want to look at. It is App no. 207-07-SHE filed by Pearson with a comment time till 8/8. Matt Kukuk is the staff person. It is to "alow soft shore bank protection system to protect an existing road project. Using 4 to 6 inch cobbles and washed sand and anchoring drift logs at or upland of OHWM".
Let us know what you find out or think of this.
Marianne, talk about chutzpah. We walked the "road" last week and it appears the work is already done! You might pass that info on to Matt.
Thanks.
......
Sent: Sunday, July 22, 2007 9:32 PM
Subject: Re: Pearson property on Humphrey
Folks,
Thank you very much for the heads-up. I'll be talking to Matt
Monday morning (or as soon as I can reach him).
I've got to say that this is a monumental case of chutzpah.
After having been ordered to comply, he is now asking permission to
do work to maintain his illegal road. I will be asking you for all
the information you may have on the previous violations. I seem to
remember a very thick file.
Some people just do not understand the word 'no.'
Again, thanks, Marianne
Hi Marianne. There is a posted notice and Application on this
property you might want to look at. It is App no. 207-07-SHE filed
by Pearson with a comment time till 8/8. Matt Kukuk is the staff
person. It is to "a low soft shore bank protection system to protect
an existing road project. Using 4 to 6 inch cobbles and washed sand
and anchoring drift logs at or upland of OHWM".
Let us know what you find out or think of this.
......
Wed, 25 Jul 2007
Marianne,
I am going to be out of the office for about a week starting tomorrow, but I
will get back to you when I return next week.
Matt Kukuk
Enforcement Manager/Shoreline Planner
Island County
Department of Planning & Community Development
PO Box 5000, Coupeville, WA 98239
(360) 678-7816
-----Original Message-----
From: Marianne Edain [mailto:
Sent: Tuesday, July 24, 2007 4:22 PM
To:
Subject: Pearson she 207/07
Matt,
This is to follow up our conversation of yesterday concerning
Mr Pearson and his application for SHE 207/07, to 'soft armor' the
shore with rocky cobble, washed sand, and anchored drift logs.
To begin, I fear that Mr Pearson does not understand the
concept of 'permit.' The neighbors informed me today that the work
has already been completed. That rather moots the points of concern I
intended to bring up. It puts me in the position of asking you to
visit the site to inspect it for those points of concern.
1. Please ascertain that no treated wood was used.
2. Please describe the anchoring system which was used.
3. Please describe the size and depth of the rocky cobble.
4. Please describe the sand.
5. Please request documentation from Mr Pearson verifying where he
obtained all materials.
In the event that treated wood was used, or the project
extends beyond the Ordinary High Water Mark, I believe it will be
necessary to require removal of the offending portions. I understand
that you have no wish to cause yet more disturbing activity on this
shoreline. I suspect that Mr Pearson knows that as well and is
counting on it to be allowed to do as he will.
I believe it is time to inform Mr Pearson that he has just
forfeited the right to any further development permits. This would
not come as any great surprise to him, since he has overstepped the
bounds more times than either of us can count. At some point Island
County has to say "enough." I believe that point has now been reached
and exceeded. I also believe that Island County has ample authority to
refuse any further permits, mostly on grounds of public safety, given
the erosive nature of that entire area.
I hope to hear from you soon.Marianne
......
9-8-09
Hi Marianne. Several people have told us that there is a structure going up on a flat areajust above the beach on this property -- concrete foundation and some framing completed. We have not seen it but did notice from the ferry yesterday by binoculars that this seems to be the case. We recall your speculating with the Island County people when Pearson applied and was granted a permit per the below application that he might exceed it.
Marianne, follow up as you see fit but PLEASE do not quote us.
......
9-16-09
Hi Marianne
Hope you can open these pictures one of which is a video, all taken on Sunday Sept 13th. It does not look like he is building a framed structure as at first appeared from afar but is clearly doing some major and ugly excavation on the shore.
As you know he has a permit for some shore work. Per the application it was App no. 207-07-SHE filed by Pearson with a comment time till 8/8. Matt Kukuk is the staff person. It is to "a low soft shore bank protection system to protect an existing road project. Using 4 to 6 inch cobbles and washed sand and anchoring drift logs at or upland of OHWM".
Let me know what you think. Again it would be preferable not to identify the source of your info.
(images are in a separate folder)
......
Subject: Re: Bill Pearson's Plans - SHE 207/07
Date: Tue, 13 Oct 2009
Photos taken Sept. 13, 2009.
----- Original Message -----
Tuesday, October 13, 2009
Subject: Re: Bill Pearson's Plans - SHE 207/07
Hi again,
More on the Pearson matter. I had a call last week (and am
only now following up) from Bobak Talebi at Island County Planning.
He asked to know when the photos were taken, so he could gauge what
has happened and when on the Pearson property. He mentioned that Doug
Thompson from Fish & Wildlife had been out there about two weeks ago
and had asked that all work stop. He also said that he was on his way
to visit the site.
I get the distinct impression that we have got their attention.
So if you can give me a +/- date when those photos were taken
(I deleted all photos with people in them), I will get that back to
Bobak.
Thanks, Marianne
Hi,
I spoke briefly with Andrew Hicks, the enforcement planner,
today, and he said they were working on the Pearson matter. It looks
like having brought it to his attention will lead to some sort of
action. Thank you for being persistent.
Best, Marianne
......
12-5-09
Marianne, any update on this? Can you check with them?
We were on the site this past weekend and saw lots of washouts where he had done major road work in 2006. We filed a complaint with the Island County folks back then but Bakke ruled that Pearson was just maintaining an old road and ordered no remedial action.Exactly what we feared would happen is-- major earth erosion from lots of rain. This is not really related to the current item below but just another example of Pearson's disregard for his action and the County's ignoring it.
......
12-6-09
Thanks Marianne. My children took some photos of the erosion damage and I'll email them to you. Hope it helps.
----- Original Message -----
Sent: Saturday, December 05, 2009
Subject: Re: Bill Pearson's Plans - SHE 207/07
Paul,
The last I heard he had been issued a stop work order (as mentioned below). I will check with Andrew and Bobak to see what if anything has happened since then. I will also let them know that major erosion is happening. We're in a really peculiar situation right now. The new commissioners and planning director really want to do the right thing, but they find that the outgoing regime looted the treasury and there is no money to do any of the good things they want to do. That is true, as you know, from the federal level right down to the local. It makes it hard to get staff attention for anything less than a world scale conflagration. I will also check to see if Dept of Ecology is interested.
Do you happen to have any photos of the damage?
Thanks for letting us know.Marianne
(6 photos in a separate folder)
......
From: Andrew Hicks <>
To: 'Marianne Edain' <>
Cc: Bobak Talebi <>
Subject: RE: photos of erosion on SHE 207/07
Date: Mon, 7 Dec 2009
Marianne,
It took me a while to find the violation file for this issue because I was
searching through our complaint database. I found that no complaint
investigation request form was ever filed for this violation. I cannot
stress enough the importance of complainants submitting a complaint
investigation request form. For all future complaints that you might have,
please submit a complaint investigation request form.
A thorough search through my COV files revealed that we opened COV 267/09 (code violation file) on October 6, 2009. An Initial Enforcement Order was issued on October 20, 2009 (attached). The IEO was not appealed. This office has not received any written response and I have not been contacted by the landowner. The 45 day timeframe provided in the IEO elapsed three days ago.
I intend to follow up with this IEO as soon as possible. In all likelihood,
a Supplemental Enforcement Order will be issued to assess the cumulative
daily fines that have accrued.
If you have any other questions or comments please feel free to contact me.
------Andrew Hicks
Code Enforcement
Island County Planning and Community Development
P.O. Box 5000
Coupeville, WA 98239
Phone numbers:
North Whidbey: 360.678.7821
South Whidbey: 360.321.5111 x7821
Camano Island: 360.629.4522 x7821
Fax: 360.679.7306
E-mail:
-----Original Message-----
From: Marianne Edain
Sent: Sunday, December 06, 2009
To:
Cc:
Subject: photos of erosion on SHE 207/07
Andrew and Bobak,
Here are some photos taken this fall of sliding on and near
the road built by Mr Pearson on his property off Humphrey road, SHE
207/07. Does a permit allow for this level of environmental damage?
Accompanied by the clear shoreline violation, it seems some action by
Island County is warranted.
I look forward to hearing from you.Marianne
ps - the first jpg needs to be rotated to the left.
--
Marianne Edain
Whidbey Environmental Action Network
Box 53 Langley, WA 98260
360-579-4202
Dedicated to the preservation and restoration
of the native biological diversity
of Whidbey Island and the Pacific Northwest
(attached was a copy of the enforcement order, now in a separate file)
......
From: Andrew Hicks <>
To: 'Marianne Edain' <>
Cc: Bob Pederson <>
Subject: RE: photos of erosion on SHE 207/07
Date: Wed, 9 Dec 2009
Marianne,
Your question is a good one and the answer is more complex than what I can
provide you in writing at this time. Here is what I can tell you.
Pursuant to ICC 17.03.260:
"If, after any order has been duly issued by the Planning Director, or an
order appealed to the Hearing Examiner has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order,
including refusal to pay a civil penalty assessed under such order, the
Planning Director may: 1) Cause such person to be prosecuted under the
provisions of this section; or 2) Institute any appropriate action to
collect a civil penalty assessed under this section; or 3) Abate the
violation using the procedures of this section; or 4) Pursue any other
appropriate remedy at law or equity."
I believe that number 3 and 4 above provides the County with the authority
to at least pursue the concept of abatement through contracting. However,
there are many other variables that would come into play if the County were
to decide to go down that path. Abatement, as you're likely aware, carries
a certain level of risk that the County would need to weigh before assuming
that responsibility. If you would like further information about this
concept, I would suggest a sit down discussion might be appropriate. I can
tell you that at this point, we are not there. Historically we have handled
enforcement cases by following the numbered options above as procedural
steps. Therefore, we would likely pursue prosecution, under #1 above,
before we pursue abatement.
Let me know if you have any other questions or comments.
------Andrew Hicks
Code Enforcement
Island County Planning and Community Development
P.O. Box 5000
Coupeville, WA 98239
Phone numbers:
North Whidbey: 360.678.7821
South Whidbey: 360.321.5111 x7821
Camano Island: 360.629.4522 x7821
Fax: 360.679.7306
E-mail:
-----Original Message-----
From: Marianne Edain
Sent: Monday, December 07, 2009
To: Andrew Hicks
Subject: RE: photos of erosion on SHE 207/07
Andrew,
Many thanks for the quick follow up, and for having issued the IEO.
Now comes the ticklish part. Damage continues. The landowner fails to respond. Penalties are assessed, but this does nothing to restore the land or prevent imminent further damage. Does the County have any authority to
contract for restoration, mitigation, or at the very least BMPs to prevent further erosion, and charge that as a lien against the land? My concern here is for the integrity of the bluff and Humphrey Road.
And I will try to submit a complaint form next time (sad to say, there is always a next
time).
Marianne
......
1-12-10
Hi Marianne. Any follow up on the Pearson property. I see lots of coming and going and wonder if the County is doing anything to enforce its orders or fines?
Hope your 2010 is a happy and healthy one. Regards
......
From: Justin Craven <>
To: Marianne Edain <>
Subject: RE: Pearson/Humphrey Road
Date: Tue, 13 Apr 2010 15:06:09 -0700
X-WNSpam-Score: 3.7
X-WNSpam-Int: 37
Sorry for the tardy response-
I have not been involved with Pearson; I think Bob is handling this and I
have not been made aware of any issues relating to a stream.
Justin Craven| Critical Areas Planner |
Planning and Community Development | 1 NE 6th Street | PO BOX 5000 |
Coupeville, WA 98239
-----Original Message-----
From: Marianne Edain [mailto:
Sent: Monday, April 05, 2010 2:10 PM
To: Justin Craven
Subject: Pearson/Humphrey Road
Justin,
I'm preparing for a board meeting tomorrow, and would like to
be able to present updates on various cases/issues we're following.
One of those is our good friend Mr Pearson and his shoreline work off
Humphrey Road. The last time I checked he had been issued a stop work
order and a notice of violation. Can you tell me where in the process
all of that is, and what the condition of the steep road/stream and
shoreline on his property are?
Thanks,Marianne
......
Date: Sat, 31 Jul 2010
Subject: Pearson Property Followup
To: Marianne Edain <>
Hi Marianne. On Dec 7th you sent us an email from Andrew Hicks regarding an IEO against this property with an indication it had not been appealed nor responded to and that a Supplemental Enforcement Order was going to be filed. A copy of the IEO was attached to that email.
We wonder if you would follow up with Mr. Hicks or the Department to see if anything has been done to enforce this. We hear construction equipment and have seen evidence of further excavation and erosion. It is amazing to me that over 7 months later something has not been done by the Department or at least it hasn't been brought to your attention. Perhaps an email to Hicks from you can get an update which hopefully you will forward to us.
I am copying the email to me that you sent in Dec forwarding the one Mr. Hicks sent to you and with your response to him.
Thanks so much
......
From: Andrew Hicks <>
To: 'Marianne Edain' <>
Subject: RE: Pearson Property Followup
Date: Mon, 2 Aug 2010
Marianne,
Thank you for the information. A while back the Director visited the property with a Shoreline Planner to explain to Mr. Pearson exactly what needed to be done to bring the property into compliance. This was after an enforcement order was issued and after we had a meeting at our office to discuss the issue. I will visit the property as soon as I have an opportunity to get down to the south end. If a violation persists then I will take action as necessary.
Thank you again.
–––––––Andrew Hicks
Code Enforcement
Island County Planning and Community Development
P.O. Box 5000
Coupeville, WA 98239
Phone numbers:
North Whidbey: 360.678.7821
South Whidbey: 360.321.5111 x7821
Camano Island: 360.629.4522 x7821
Fax: 360.679.7306
E-mail: <mailto:>
From: Marianne Edain [mailto:
Sent: Saturday, July 31, 2010 9:44 PM
To:
Subject: Pearson Property Followup
Andrew,
I have just received the e.mail below. It is a follow up on a long string (pasted in) concerning COV 267/09. Did you ever issue a final enforcement order? It appears that in spite of his not challenging the initial enforcement order, Mr Pearson continues with his construction on the beach. I'm sorry to have to ask, but I would appreciate a site visit and enforcement follow-up in this matter. I think Mr Pearson has been given more than enough opportunities to correct his violations. The bluff and shoreline cannot afford to grant him any more leeway.
I would appreciate hearing from you as to the status of this case.
Marianne
......
From: "Elliott Menashe" <>
To: "'Marianne Edain'" <>
Subject: Humphrey Road Lunatic
Date: Sun, 27 Mar 2011
Organization: Greenbelt Consulting
FYI. Photo of Humphrey Rd nut-job's bluff, taken on Sat, March 26, 2011, from ferry en route to Edmonds. Note wall and excavator. He is still bulldozing his dream………
(photo in separate file)