Liberty Lake developer fined for cutting down trees

Department of Ecology News Release - December 29, 2010

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Liberty Lake developer fined for cutting down trees in shoreline buffer
SPOKANE - The Greenstone Development Co. and owner Jim Frank have been fined $15,000 by the Washington Department of Ecology (Ecology) for cutting down a large number of mature cottonwood trees on the shorelands of Liberty Lake in violation of the Spokane County Shoreline Master Program (SMP).

Frank is developing property on Liberty Lake at 1310 MacKenzie Ln.

The unauthorized removal of trees took place within Liberty Lake’s 50-foot protective buffer. The Spokane SMP prohibits the removal of vegetation within 50 feet of the highest place the lake water naturally reaches.

Greenstone was issued a Notice of Correction for unauthorized tree removal on this same property in 2007. Negotiations to resolve that violation resulted in an agreement with Ecology that no further vegetation would be removed without review and authorization from both Ecology and Spokane County.

In addition to the fine, Ecology ordered Greenstone and Jim Frank to stop all clearing, grading and excavating within 200 feet of the ordinary high water mark of Liberty Lake until the current violation is resolved with Ecology. Each day of non-compliance with the requirements of the order may incur additional penalties of up to $1,000 per day.

Frank also will need to submit a site restoration plan to Ecology by Feb. 28, 2011. The plan must be prepared by a qualified consultant experienced in designing restoration plans in this setting.

The shoreline area from the ordinary high water mark to the 50 foot setback line must also be planted with native shrubs and grasses. Ecology will review and issue written approval of a final restoration plan.

Shoreline master programs are the cornerstone of the state Shoreline Management Act passed by voters in 1972. The programs help minimize environmental damage to shoreline areas, reserve appropriate areas for water-oriented uses and reduce interference with the public’s access to public waters and shorelines.

The act requires that local jurisdictions develop shoreline master programs to manage uses of their shorelines. Ecology approved the Spokane County Master Program in January 1975.

Shoreline master programs are important because they:

•Help protect the water quality of our marine waters, lakes and stream systems from pollution.
•Reduce how often floods and landslides occur, and how much damage is caused by them.
•Protect the overall health and functions of shorelines and public waters for our use.
•Protect critical habitat for fish and wildlife.
•Restore unhealthy shorelines.
“It’s important that we enforce local shoreline master programs to help reduce unsustainable development and provide shoreline property owners with a clearer set of standards,” said Sara Hunt who manages Ecology’s Shorelands and Environmental Assistance Program in Eastern Washington.

Frank may appeal this penalty and order to the Shorelines Hearings Board within 30 days.