Developer appeals six-year 'stop-work' order
Anacortes American
Wednesday, November 18, 1998
Page A10
By Nancy Walbeck
American staff writer
A developer who proposed a 20-lot
subdivision off Miller Road in Skagit
County is appealing the six-year
moratorium imposed on his project.
Randy Previs of Seavestco Inc. of
Edmonds planned to build Lakewood Park
Estates on 44 acres, but was cited by the
Skagit County planning department and the
state Department of Natural Resources for
impacting wetlands and removing, or
"harvesting" tress.
The county imposed a six-year
moratorium on the project in August and
re-confirmed that action in a letter to
Previs dated Oct. 27. DNR followed up
with a stop-work order, also dated Oct. 27.
County planning director Tom Karsh,
who represents the lead agency in the
action, said Previs and his Bellingham
attorney Bob Carmichael protested the
shutdown, saying regulations were vague
on the term "harvesting." The county,
backed by DNR, maintained that Previs
removed several trees on or near wetlands
or critical areas, and made other
unauthorized environmental impacts on his
property. Initially, Previs admitted only to
failing to obtain a fill-and-grade permit last
spring before beginning work on the site.
The property, which borders on the
Anacortes Community Forest Lands, is
steep and pocked with wetlands, streams
and also an old access road. According to
county and DNR documents, Previs
widened and extended that road in a
configuration that followed his subdivision
plans. He also cleared a larger site near the
apex of the property, land on which he
plans to put a home for himself. The
ACFL, however, was not impacted,
Anacortes city officials previously
determined.
Previs, who apparently has now
downsized his plans to the single homesite
and some road improvements and site
upgrades, said Monday he didn't receive
any stop-work order from DNR and only
knew about the action from Carmichael,
who read the document over the phone this
past week. But Jim Cahill of DNR, who is
overseeing local management of the Previs
action, said the stop-work order was sent
by certified mail to the developer at his
home in Edmonds. Cahill also confirmed
that Carmichael was unaware of that order
until Cahill told him in a recent phone
conversation.
The appeal, which likely will be heard
Dec. 2 before county hearing examiner
Bob Schofield, will address the
"appropriateness" of the moratorium,
Karsh said. But the county planning
director still stands by his decision to
affirm the moratorium action, which he
said was based on a number of issues. One
was a recent court case in Whatcom
County, which won on appeal, where the
court stated it would defer to the
appropriate agency about what the term
"harvesting" actually meant.
"I agree it is a weak point in the state
law ... the definitions on harvesting," Karsh
said.
As well, Karsh said the planning
department received an additional request
from Previs to remove alder trees and a
"snag" tree, and the developer also wanted
to burn or remove the existing slash piles
of downed trees. Karsh said he told
Carmichael those matters must be handled
by the DNR, unless Previs' action would
impact critical areas.
Cahill said Previs must contact DNR
directly to remove the stop-work order so
the agency can determine if future actions
require a Forest Practices permit. So far,
he has heard nothing from either Previs or
Carmichael about additional on-site work.
Previs said Monday he is still waiting
for his attorney Carmichael and the county
to iron out their differences so he can go
ahead with plans for the single homesite.
Carmichael could not be reached for
comment.
Meanwhile, the environmental group
Evergreen Islands has been closely
monitoring the Previs project. The group
also hired an attorney, Smith & Lowney of
Seattle, which sent a strongly worded legal
brief to Karsh outlining why the firm is
convinced Previs broke the law, and
backing the county on the moratorium.
Karsh agreed that the Smith & Lowney brief,
dated Oct. 22, did help, along with the
other information already in county's hands.