USA: Developer, Contractor Fined for Excavation in Mission Creek

The Washington Department of Ecology has issued penalties of $20,000 each to a Cashmere developer and the contractor he hired for excavation work in Mission Creek in September 2012, in violation of state shoreline and water quality regulations.

George N. Valison and construction contractor David G. Baker, of D. Baker Construction & Excavating LLC, were cited for using heavy earthmoving equipment in Mission Creek, digging material from the stream bed and bank and installing boulders in the stream bed and bank, altering the stream channel and damaging the shoreline.

The stream is the site of sensitive fish spawning habitat. In addition, changes to the stream channel can result in flooding and harm to adjacent properties.

The work at Quail Lane Home Condos, then owned and developed by Valison, was conducted within a 25-feet stream buffer zone and below the “ordinary high water mark” for the stream.

A notice of violation requiring corrective action was first issued to both parties on Nov. 14, 2012.

In addition to the penalty, Valison has been ordered to prepare and submit a plan to restore the shoreline area and submit applications for appropriate permits to local, state and federal permitting agencies to conduct shoreline and in-water work.

Stream restoration and bank stabilization work must be demonstrated to be complete within six months of when permits are issued.

The parties have 30 days to pay the penalty or may file an appeal with the Pollution Control Hearings Board.

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Press Release, November 27, 2013