Chuck Rogers and Austin Rogers got slapped with a $204,000 fine from the Washington Department of Ecology for “unpermitted shoreline development along the Deschutes River near Yelm,” according to a news release from the department dated July 16.
The next day, Chuck Rogers told the Nisqually Valley he intends to appeal the decision.
“We have not been within 500 feet of the river,” Rogers said.
The local business and property owner said his jaw dropped when he read about the decision.
According to the Department of Ecology, the Rogers damaged the river’s shoreline by building “unauthorized structures in protected areas,” as well as illegally placing fill in and around the river.
The Rogers, who operate Deschutes Valley Farms outside of Yelm, own four connected parcels on Lawrence Lake Road Southeast and Cougar Mountain Trail Southeast. According to the Department of Ecology, the Rogers illegally cleared and graded 4.5 acres of land along the shoreline of the Deschutes River. Approximately 1,700 feet of the river runs along the northern edge of the property.
As stated in the release, the Rogers built “dozens of unauthorized structures within 200 feet of the Deschutes River’s ordinary high water mark.” This area is considered a protected and environmentally sensitive area. The release says the structures were built to support, in part, a recreational vehicle park.
Rogers disagrees with the accusation.
“Those are actually grain trailers, so, like semi-trailers that hold grain for our livestock,” Rogers said.
The Rogers also allegedly stored “large volumes of construction debris next to the river” as part of a commercial hauling business. Rogers argues against that claim, too.
“That was actually an old farm house that was on site here that we got the proper permits to demo,” Rogers said. “And after we demoed it, it was in a pile and there was an issue over an asbestos report. And we had got the asbestos report, and so we had to appeal a fine through (Olympic Region Clean Air Agency) because we had the asbestos report, and so the pile just kind of sat there until it was resolved. But the pile is maybe one truckload, and it’s probably six or 700 feet off of the river.”
Rogers added that his hauling business has “nothing to do with this property.”
“I haul general freight over the highways, and everything else here is just farm equipment,” Rogers said.
The Shoreline Management Act, which was adopted in 1972, protects over 28,000 miles of Washington’s river, lake and marine shoreline. According to the Department of Ecology, the Rogers failed to seek or obtain the necessary permits or approvals from either Thurston County or the department.
Instead, the department said, the Rogers continued to develop the site — despite the department and county’s efforts to inform them of state law and the steps they needed to take in order to comply.
Specifically, the Department of Ecology states the actions taken by Chuck Rogers and Austin Rogers are unlawful according to the Shoreline Master Program, which Thurston County adopted in 1990.
In its program, Thurston County designated a stretch of river that includes the section the Rogers developed to be part of a “conservancy environment,” which is intended to protect that environment and preserve historic and cultural areas. Permanent structures and occupancy are not allowed under this program.
Rogers disputes the claims from the Department of Ecology.
“We have obtained all permits necessary for the work we have done on the farm. We have not altered, removed, placed anything in the river or within its buffer zone,” Rogers wrote to the Nisqually Valley News in a followup email on July 17.
On top of that, Rogers says both representatives from the Department of Natural Resources (DNR) and the state Department of Fish and Wildlife (WDFW) have been on the property to inspect the area.
Rogers said a DNR forester, Chris Baus, was on the property the morning of July 17, and verified that the Rogers were within their permit standards.