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SPI2005-00122 - SPI Inspections
14 MASON COUNTY 6�N STAT FO S o P A C DEPARTMENT OF COMMUNITY DEVELOPMENT F OSN Z Planning Division 7 N y n P O Box 279, Shelton,WA 98584 Y (360)427-9670 1864 Site Inspection May 18, 2005 RAYMOND KILSBY NE 22581 HWY 3 BELFAIR WA 98528 Case No.: SP12005-00122 Parcel No.: 123325000102 Project Description: Feasibility /Addition to SFR and covering and enclosing back deck. Dear Applicant: Pursuant to your application, a site pre-inspection (SPI)was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases, setbacks for development from shorelines, steep slopes, streams, and wetlands must be included in your specific proposal; these setbacks are included as part of the comments listed below. This information is based on County and State regulations as they exist to date. These regulations may change and may affect the requirements for development of the subject property. Please contact me at(360) 427-9670, ext. 294 if you have questions. Sincerely, Charles ea cCov III Land Use Planner Mason County Planning Department 5/18/2005 1 of 2 SP12005-00122 Site Inspection 5/18/2005 Case No.: SP12005-00122 Comments: Site Pre-Inspections were conducted on 5/2/2005 and 5/13/2005. Site address: 22581 NE State Route 3, Belfair. The zoning is Rural Residential 5. This zoning allows for one single-family residence (i.e. dwelling) per 5 acres. A Type 2 or 3 stream exists on the property that would restrict the expansion of the dwelling within the stream buffer (150 feet plus a 15 foot building setback). I have enclosed a copy of the Resource Ordinance that speaks to the restrictions placed on new dvelopment within a stream buffer. Because the stream encircles the property it would be difficult to expand in any horizontal direction. However, it is possible given the existance of the carport/breezeway that attaches the accessoy building to the main structure to replace it within the same footprint, as wel as, expand upward (ie. vertically). The deck on the rear of the home is not part of the existing structural footprint and would not be convertable to living space or expansion. The covered entry porch area to the home is convertable to living space as apart of the existing footprint. No resource ordinance variance will be required if all new construction stays within the existing built envelope/footprint. 5/18/2005 2 of 2 SP12005-00122 ,r oN.STgTF MASON COUNTY o Py A o N DEPARTMENT OF COMMUNITY DEVELOPMENT S N z Planning Division N y Y P O Box 279, Shelton,WA 98584 (360)427-9670 1864 Site Inspection May 09, 2005 MICHAEL WALTER 14307 SE 88TH PLACE NEWCASTLE WA 98509-3485 Case No.: SP12005-00117 Parcel No.: 222015000902 Project Description: 2 STORY STRUCTURE ON HOOD CANAL Dear Applicant: Pursuant to your application, a site pre-inspection (SPI)was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases, setbacks for development from shorelines, steep slopes, streams, and wetlands must be included in your specific proposal; these setbacks are included as part of the comments listed below. This information is based on County and State regulations as they exist to date. These regulations may change and may affect the requirements for development of the subject property. Please contact me at(360) 427-9670, ext.294 if you have questions. Sincerely, Charles Mead McCov III Land Use Planner Mason County Planning Department 5/9/2005 1 of 2 SP12005-00117 Site Inspection 5/9/2005 Case No.: SP12005-00117 Comments: A field site inspection was conducted 5/2/2005. The property location is approximately 1.5 miles from the intersection of Hwy 3 and Hwy 106 along Hood Canal on the north side (waterward) of the Hwy 106. The lot acrage is approximately 0.23, with dimensions of approximately 60' X 180'. The property has an existing septic system. The zoning is Rural Residential 5 with an Urban Shoreline Designation. With the shoreline of Hood Canal, designated a "Water of Statewide Significance" by the Washington Department of Ecology, bordering the property on the north, The required building setback from the ordinary high water mark is 35 feet. Any structure to be built on this property would need to conform to this standard, or enter into the Resouce Ordinance variance process. Sideyard setback requirements for a building would be set at 6 feet from the property lines on either side. An administrative variance could be applied for and approved that would allow for a reduction to 5 feet on either side. The required setback from the road right of way would be 25 feet, and here again a reduction to 10 feet could be applied for under an administrative variance process. 5/9/2005 2 of 2 SP12005-00117 THIS PARCEL INCLUDES RECORDS FRAM THE AUDITORS OFFICE PARCEL # i -�332 50 00 /O;� AF# (o (0q79 DOCUMENT 13ouv,afar 4�kc Adj&6fhienl -7anald 7.,akv AF# DOCUMENT AF# DOCUMENT AF# DOCUMENT AF# DOCUMENT AF# DOCUMENT � THIS MAY NOT INCLUDE ALL DOCUMENTS RECORDED ON THIS PARCEL I ' MASON COUNTY P4ANNING DEPT. PIKE-INSPECTION APPLICATION PLEASE PRINT $205.00 Fee Required �. 0wner: RA.ymonl4- Qt,rubed Kisby ApOiCant. SO MC Aa_ A only wn�; ;le tit&eSk_a.a 58 I N E Sfak +e_, 3 �f� : 5 a ime- WW4, s� Dv er�: 15-1 E .Sk<4laxly A( st_zap a 5a L -day 2. ParcW No, la. 3 a S' O b /0 ) Poe No. Erg ress- Lao Descriow: cNM f�, -T-b e,(ey-�s VVerne plw"wl�,At&, ( - T�; -r Goor 1 rs r a C L I aF A r_A 99-I`i y`_ A yyam�► u S'L' Water Body 3. Purpoqe of Pre4nspeetion : i -: ;? hou e on One. S 6 eir alad 4. Use of Building: ves►A e In c-e TO RE K+ r�' j n j 5. Do any of folowing exlist on or ashen#to proPertY?: slope ( ) ( laF river pond IV) � �mro f o creek, Dkedions to Re-at Cs e. ©V ice 9pi�cr` WA `05a ,? If thy, is in=Vllr thteni Mason CXxx y nvM d=Wm aw +ev a s nwAing ftmdakiencies in Ilse or 'a oet: mVeft ~m9y UM#dft90"eM OWWS MMW-t ti"VK**vrlt h a Vve ,end in#ft kwpeallon, or the Irrs iipyweY of"the site durW der the"time of AppkwA sib `f' 7- o s gym p6moe rr*eO hew EIVED aMicallm Ito:�t of C mree ' P.0-010219 APR U 8 2005 Sheft0mllOWN COUNTY DCD PLANNING t T ` SITE PLAN REQUIRED TO BE ON SITE MCCD - PLANNING Please kadude a 00 ctvis at T UrIreasaser "ten conViefed,fts form Date S is . 4 FOR OFFIE USE t Y: W. t be~ie l? bo* #ACJiW- 4V";SUE 54- pu.r�hased V ro e4 y s o n,4 5L,re ferns L;,, Tr 5 1 Pte+ se S below the piOpCS W bul ft Site in mbffian io walerand papedy**"K See Cvnc�c5ec Sv``rv� s � y Ospartmental Review (For Office Us Only) FBcistd I�2G--'<GG3 3$u ` -Py0N.9TAX MASON COUNTY c A 8 N DEPARTMENT OF COMMUNITY DEVELOPMENT o NUZ Planning Division z� N y Y P O Box 279,Shelton,WA 98584 (360)427-9670 1864 Site Inspection May 18, 2005 RAYMOND KILSBY NE 22581 HWY 3 BELFAIR WA 98528 Case No.: SP12005-00122 Parcel No.: 123325000102 Project Description: Feasibility/Addition to SFR and covering and enclosing back deck. Dear Applicant: Pursuant th your application,a site pre4nspection (SPI)was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases,setbacks for development from shorelines, steep slopes,streams,and wetlands must be included in your specific proposal;these setbacks are included as part of the comments listed below. This information is based on County and State regulations as they exist to date. These regulations may change and may affect the requirements for development of the subject property. Please contact me at(360)427-9670,ext 294 if you have questions. Sincerely, Charles ea cCov III Land Use Planner Mason County Planning Department 5/18/2005 1 of 2 SP12005-00122 i i • Site Inspection 5/18/2005 Case No.: SP12005-00122 Comments: Site Pre-Inspections were conducted on 5/2/2005 and 5/13/2005. Site address: 22581 NE State Route 3, Belfair. The zoning is Rural Residential 5. This zoning allows for one single-family residence (i.e. dwelling) per 5 acres. A Type 2 or 3 stream exists on the property that would restrict the expansion of the dwelling within the stream buffer(150 feet plus a 15 foot building setback). I have enclosed a copy of the Resource Ordinance that speaks to the restrictions placed on new dvelopment within a stream buffer. Because the stream encircles the property it would be difficult to expand in any horizontal direction. However, it is possible given the existance of the carport/breezeway that attaches the accessoy building to the main structure to replace it within the same footprint, as wel as, expand upward (le. vertically). The deck on the rear of the home is not part of the existing structural footprint and would not be convertable to living space or expansion. The covered entry porch area to the home is convertable to living space as apart of the existing footprint. No resource ordinance variance will be required if all new construction stays within the existing built envelope/footprint. 5/18/2005 2 of 2 SP12005-00122 i i f t 17.01.110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS A. PURPOSE. Fish and wildlife habitat conservation means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated populations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean intergovernmental cooperation and coordination is critically important in a region. In some cases, it is sufficient to assure that a species will usually be found in certain regions across the state. The provisions for the protection of habitat contained in this section can not succeed in their purpose of supporting viable populations of fish and wildlife species unless other agencies and the public also act to protect the species. In the case of anadromous fish,the Statewide Salmon Recovery Strategy identifies that it will take a balanced approach to addressing the factors of decline that are within human control, including harvest, hatchery,habitat,and hydropower.The underlying assumption within this section is that impacts to anadromous fish or their habitat or to fish and wildlife conservation areas shall be avoided or mitigated as detailed in an approved Habitat Management Plan as described in Section 17.01.110.J. The intent of this Section is to: 1. Protect critical habitat features to support genetically viable populations of fish and wildlife species and allow for commercial and non-commercial uses; 2. Protect the biological, physical,and chemical components of water quality for the benefit of aquatic and terrestrial resources,as well as human consumptive uses; 3. Ensure that natural stream and marine shoreline functions such as flow patterns, production of sediment and large woody debris are maintained with minimal interference or impact to private property; 4. Protect habitat for federal or state listed endangered,threatened or sensitive fish and wildlife. 5. En -Encourage non regulatory methods of habitat retention whenever practical,through i education,and the Open Space Tax Program. 6. To supplement the Shorelines Master Plan for Mason County to preserve and protect critical fish and wildlife habitat pursuant to(WAC 365-190-080(5)). It is the intent that this ordinance will compliment and supplement the Shorelines Master Plan. 7. To implement the Mason County Comprehensive Plan and to achieve these purposes consistent with the Comprehensive Plan. S. FISH AND WILDLIFE HABITAT CONSERVATION AREA CATEGORIES. Fish and wildlife habitat conservation areas include both aquatic and terrestrial areas within Mason County. The approximate location and extent of critical fish and wildlife habitat areas are displayed in the Washington Department of Fish&Wildlife's'(WDFW)Priority Habitat and Species (PHS) Program database. Mason County will also use other available information for these critical fish and wildlife habitat areas, including tribal and federal databases and local knowledge.The following categories shall be used in classifying critical areas to be regulated under this ordinance: 1.- Commercial and recreational shellfish areas. 2. Kelp and eelgrass beds;herring, sand lance,and smelt spawning areas. 3. Naturally occurring lakes and ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat. 4. Streams. 5. Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area. 6. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal Mason County Resource Ordinance 52 Revised January 10,2005 entity. 7. State Department of Natural Resources natural area preserves and natural resource conservation areas. 8 Areas with which Federal or State endangered,threatened and sensitive species of fish and wildlife have a primary association.Those species known to be found in Mason County are listed in Table 1. Protection of species habitats is determined by the State or Federal listing,and their actual presence near the site subject to review.Other listed and protected species may be found in Mason County,which are not in Table 1. 9. Areas that contain habitats and species of local importance as listed in Table 1 below. Species of local importance may include, but are not limited to,State Candidate and Monitor species. Table 1.Species of Importance that may occur in Mason County Fish Bull Trout Salvelinus confluents Candidate Threatened Puget Sound Chinook Onchorynchus tshawytscha Candidate Threatened Hood Canal Summer Onchorynchus keta Candidate Threatened Chum Dolly Varden Salvelinus ma/ma none none phfblans Western Pond Turtle Clemmys maramorata Endangered Species of Concern Cascade Frog Rana cascadae none Species of Concern Van Dyke's salamander Plethodon vandykei Species of Concern Species of Concern Tailed Frog Ascaphus true? Monitor Species of Concern Olympic Torrent Ryacotrfton olympicus Monitor none salamander Mollusks Newcomb's littorine snail Algamorda newcombiane Species of Concern Species of Concern Birds Marbled Murrelet Brachyramphus marmoratus Threatened Threatened Bald Eagle Haliaetus leucocephalus Threatened Threatened Northern Spotted Owl Shidex occidentalis Endangered Threatened Northern Goshawk Accfpitergentlis Candidate Species of Concern Peregrine Falcon Falco peregrfnus Endangered Species of Concern Pileated Woodpecker Drycopus pileatus Candidate none Common Loon Gavfa immer Sensitive none Harlequin Duck Histrionfcus histrionicus none Species of Concern Brandt's Cormorant Phalacrocoraxpenfcfllatus Candidate none Olive-sided Flycatcher Contopus boreaus none Species of Concern Golden Eagle Aquflla chrysaetos Candidate none Great Blue Heron Ardea herodfas Monitor none Mason County Resource Ordinance 53 Revised January 10,2005 r Merlin Falco coiumbarius Candidate None Purple Martin Progne subis Candidate None Western Bluebird Siaiia mexicana Monitor None Vaux's Swift Chateura vauxi Candidate None Mammals Gray Wolf Canis iupis Endangered Endangered Pacific Fisher Manes pennanti Endangered Species of Concern Townsend's big-eared bat Piecotus townsendii Candidate Species of Concern Shelton pocket gopher Thomomys Candidate None Mer lam's Shrew Sorex merriami Candidate none Roosevelt elk Cervus eiaphus rooseveln none None Pygmy Shrew Sonexhoyi Monitor None Table 2. Priority Species not Federally or State listed and not governed by this ordinance. Species Scientific Name State Status Federal Status Blue Grouse Dendragapus obscures None None Band-tailed Pigeon Co/mba fasciata None None Wood Duckx sponsa None None Hooded Merganser Lophodytes cucuiiatus None None Mountain Quail Oreortyxpictus lNone None I C. DESIGNATION The areas classified in Section B above as Fish and Wildlife Habitat Conservation Areas(FWHCA) are hereby designated under RCW 36.70A.060 and RCW 36.70A.170,as critical areas requiring proper land management to protect their value and functions. D. ESTABLISHMENT OF BUFFERS ON FISH&WILDLIFE HABITAT CONSERVATION AREAS 1. Fish and Wildlife Habitat Conservation Areas shall have Buffers and Building Setbacks established. The standard buffer and setback requirements are shown in Table 3. a. Buffers or setbacks shall be maintained along the perimeter of Fish and Wildlife Habitat Conservation Areas Buffer distances associated with streams shall be measured horizontally from the ordinary high water mark(OHWM)or channel migration zone(CMZ),whichever is greater. All other buffer distances shall be measured horizontally from the established FWHCA perimeter. b. Buffers shall be retained in their natural condition, except as provided elsewhere in this ordinance. C. Building Setback Lines: A building setback line of fifteen(15)feet is required from the edge of any buffer area,except for Type 1 saltwater and lake excluding Conservancy Shorelines. �I i Mason County Resource Ordinance 54 Revised January 10,2005 2. The following are special provisions for buffers and setbacks on lots created prior to December 5, 1996,and which are located on a Type 1 water that is a saltwater or is a freshwater lake. As stated in the Table 3,there shall be a standard 100 foot buffer for a total of 100 feet as measured from the ordinary high water mark(OHWM). Provided, however,that in the following circumstances,these special provisions apply instead of the standard buffer and setback requirement. a. Special provision for vlew protection on subject lots. Applications for single-family residential construction and meeting the following conditions shall have buffers and setbacks as described below: 1) Where existing residences are on both sides of and within 150 feet of the lot line of the subject lot,and no more than 200 feet from the shoreline OHWM,the setback on the subject lot Is determined by an imaginary common line drawn across the subject lot which connects the shore-side roof lines of the first adjacent existing residences.(See Figure 1).The common line set back may be more or less than 100 feet from the OHWM,provided, however,that: (a) the buffer shall not bd less than 20 feet in width from the OHWM and a minimum setback from the edge of the buffer is 15 feet;and (b) there shall be a maximum buffer of 100 feet from the OHWM with the balance of the setback established by the common line to be a building setback area. 2) Where an existing residence is on one side of and within 150 feet of the lot line of the subject lot,and no more than 200 feet from the shoreline OHWM,the setback on the subject lot is determined by an imaginary common line drawn from the shore-side roof line of the existing residence and across the subject lot to a point which is 100 feet from the OHWM along the far lot line of the subject lot.(See Figure 2).The common line set back may be more or less than 100 feet from the OHWM,provided, however,that: (a) the buffer shall not be less than 20 feet in width from the OHWM and a minimum setback from the edge of the buffer is 15 feet;and (b) there shall be a maximum buffer of 100 feet from the OHWM with the balance of the setback established by the common line to be a building setback area. 3) As used in this section,a`residence"refers to the principal dwelling/residential structure and does not include outbuildings or other structures. 4) When applying 1)above, if the shoreline has a high degree of curvature,the Administrator may use the average set back from OHWM of the two existing residences rather than the imaginary line between the rooflines in order to establish the common line setback. When applying 2)above,if the shoreline has a high degree of curvature,the Administrator may use the average of the set back from OHWM of the existing residence and the 100*foot setback,rather than the imaginary line between the roofiine and the 100 foot setback, in order to establish the common line setback. b. Special provision for water-dependent uses on existing lots. Applications for development defined as water-dependent uses shall provide the standard 100 foot buffer along as much of the shoreline as possible while making the minimum necessary adjustments to the buffer to provide for the water- dependent use,as determined by the Director.Such development shall meet the requirements of other applicable regulations, including other Resource Ordinance sections and the Mason County Shoreline Master Program. Mason County Resource Ordinance 55 Revised January 10,2005 Table 3. Fish&Wildlife Habitat Conservation Area Development Standards. Habitat Type Buffer BuIldina Setback from Buffer Type 1 Stream 150 feet 15 feet Type 2 Stream 150 feet 15 feet Type 3 Stream 150 feet 15 feet Type 4 Stream 100 feet 15 feet Type 5 Stream 75 feet 15 feet Type 1 Saltwater and Lake* 100 feet 0 feet Excluding Conservancy Shorelines onservancy Shorelines**,Type 1 100 feet 15 feet Saltwater and Lake *Type 1 lakes are lakes over 20 acres.All saltwater shorelines are Type 1. **Conservancy Shorelines are those shorelines designated as Conservancy Shoreline Environment in the Mason County Shoreline Master Program. 3. Provision for Decreasing Buffer For major new development, Mason County may decrease the buffer after consultation with the Washington State Department of Fish and Wildlife and the Skokomish Tribe,the Quinault Tribe and/or the Squaxm Island Tribe,after review and approval of a Habitat Management Plan,and after a public hearing. 4. Provision for Increasing Buffer. Mason County may increase the buffer width on a case-by-case basis,after a public hearing,as provided in subsection 17.01.120.L.,when a larger buffer is necessary to . protect the structure,function and value of Fish&Wildlife Habitat Conservation Areas. The buffer shall be increased or other protections shall be provided in order to prevent a significant adverse environmental impact by a proposed project on those functions and values.This determination shall be supported by appropriate documentation to be obtained in consultation with the state of Washington and the Skokomish Tribe,Quinault Tribe and/or the Squaxin Island Tribe. Such determination shall be attached as a permit condition and shall demonstrate that: a. A larger buffer is necessary to.maintain viable populations or critical habitat of endangered,threatened,or sensitive species;or b. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts to the FWHCA;or C. If the FWHCA contains variations in sensitivity,increasing the vegetation area widths will only be done as necessary to preserve the structure,function and value of the FWHCA. d. If the increase in buffer is based on the upland area feeding substantial material to the net-shore drift system,as identified in the Mason County Shoreline Inventory Report,June 12, 1995,that the larger buffer is necessary in maintenance of that system and the functions and values of the FWHCA.The Increase shall approximate the bluff erosion distance having occurred over the past 50 years, based on best available information. E. STEWARDSHIP OPTIONS AND INCENTIVES The purpose of this subsection is to encourage property owners to protect critical areas and their buffers and to reduce the burden on property owners from the application of the Resource Ordinance regulations. Options given below may be used individually, or they may be combined Mason County Resource Ordinance 56 Revised January 10,2005 for greatest effect and benefit. , 1. Open Space Bonus Any property owner,except on land designated as Long-Term Commercial Forest Lands,Agricultural Resource Lands or Mineral Resource Lands, may apply for a performance subdivision as provided in Chapter 16.22, Mason County Code. Approval of such a subdivision provides for a development density bonus-that is, it allows more lots for development-in exchange for the protection of critical areas and meeting other design requirements. 2. Open Space TaxAssessment.- Any property owner may apply for current use property tax assessment for lands which are fish and wildlife habitat conservation areas or their buffers pursuant to RCW 84.34. a. The land proposed for current use tax assessment shall be in a separate tract or a conservation easement. b. Any person who owns an identified critical area or its associated buffer may place a conservation easement over that portion of the property. A conservation easement is a legal agreement a property owner makes to restrict the type and amount of development that may occur on a parcel. Each easement is tailored to the particular property and to the interest of the individual owner:The property owner grants an easement to an appropriate governmental agency or non-profit . land trust. It provides significant property and federal income tax benefits to the property owner.The purpose of the easement shall be to preserve, protect, maintain, restore and limit future use of the property affected.The terms of the conservation easement may include prohibitions or restrictions on access and shall be approved by the property owner and the county. 3. Density Credit On lands containing FWHCAs or their buffers,the county shall allow a transfer of density for residential uses from the portion of the property containing the critical.areas or buffers to that portion of the property that does not contain critical areas or buffers-that is,the property could be developed with the same number of lots it would have if critical areas were not present-provided that such transfer does not create any adverse impacts to the critical area that can not be adequately mitigated and provided that all other development regulations can be met. 4. Tax Re-assessment.The owner of any property that has been affected by a permit decision by the county may request an immediate re-assessment by the Mason County Assessors Office,as provided by RCW Chapter 84. 5. Conservation Futures If approved by a vote of the people of Mason County,Mason County shall use conservation futures revenue to compensate affected property owners for the impact of protecting fish and wildlife through the purchase of conservation easements on.impacted land or the impacted land. 6. Education: The county encourages proper stewardship on land to provide benefits to fish and wildlife.The county shall provide educational Information to the public through its sponsorship of the Washington State Cooperative Extension Service,the Mason Conservation District,or through the provision of informational materials in its offices. 7. Best Management Practices. Where not otherwise required, Mason County encourages the use of best management practices that are part of site preparation,development construction,and use activities after construction:erosion and sediment control measures; maintain existing vegetation and minimize site clearing;use native plants in landscaping rather than lawn areas; control runoff to small ponds and buffer vegetation;and minimize use of fertilizers and chemicals in property maintenance(pest,weed,and moss control;sealants,oils,and fuels). 8. Enhancement. Mason County encourages property owners to enhance critical areas and buffers which have been degraded by past land clearing and site modification activities or replaced by noxious vegetation. Critical area enhancement projects shall require staff review and needed approvals. Mason County shah waive review fees for enhancement projects that meet either of the below criteria: Mason County Resource Odnance 57 Revised January 10,2005 (a) Sponsored Projects. Enhancement projects sponsored by Mason County, Washington Department of Fish and Wildlife, Mason Conservation District, U.S.Natural Resources Conservation Service, U.S. Fish and Wildlife Service,Washington Department of Natural Resources,or other public agency approved by the Administrator which are consistent with the Comprehensive Plan, Resource Ordinance,and other plans adopted by the Board of County Commissioners.. (b) Vegetation Planting/Removal. Planting of native vegetation or removal of non-native species for the enhancement of the critical area; provided,that such activities are performed using hand tools and are limited to the area being enhanced;provided further,that watering of newly planted vegetation is limited to the first three years.Watering of newly planted vegetation on landslide hazard areas shall require approval of a geotechnical report, mitigation plan or restoration plan In accordance with this chapter.Allowable hand tools include gas and electric- powered equipment which is typically moved by hand,including equipment such as chain saws, .hedge trimmers,and lawn mowers. F. ACTIVITIES WHICH DO NOT REQUIRE A MASON ENVIRONMENTAL PERMIT The following uses shall be allowed,within a FWHCA or its buffer to the extent that they are not prohibited by any other applicable law or ordinance, provided they are conducted so as to minimize any impact on the values and functions of the FWHCA,and provided they are consistent with any county approved Resource Ordinance Special Study(such as a Habitat Management Plan or Geotechnicai Report)or any state or Federally approved management plan for an endangered,threatened, or sensitive species. 1. a. The remodel, repair,or change of use of an existing building shall be approved within its existing footprint,pius'or minus ten percent as long as the modification does not. increase any intrusion into the FWHCA or its buffer. b. Reconstruction of structures destroyed by fire or other means shall be approved, provided that the planned reconstruction occurs within the previous structural footprint and completed application is made within two years of the destruction. The ten percent expansion set forth in 1a.may also be applied. c. To further reduce the impacts of existing development,the footprint of existing structures approved by permit within the FWHCA or its buffer may be combined into one footprint area equal to or lesser than the original area,provided that: (1) the combined footprint proposed shall be located in the site of legally established residences and garages most distant from or less intrusive to the FWHCA or buffer,and the other structures nearer to the FWHCA shall be removed from the FWHCA or buffer;and (2) the square footage area of the structure in the combined footprint may not be increased more than 20 percent of the total square footage area of the original structures. The ten percent expansion of footprint set forth in 1 a.does not apply. For the purpose of this section,footprint does not include uncovered decks and patios. 2. Maintenance and use of existing landscaped areas within the buffer area. An existing landscaped area Is one which is deft - p red by mowed grass,flower beds orchard trees non-native , native shrubs,and non-native trees. Maintenance and use includes mowing,weeding, trimming, replacement of vegetation types, placing landscape walls no more than 2 feet in height, excavating tin or placing to soil or compost 9 9 P 9 p p t not exceeding 6 inches in depth or 10 cubic yards in total,placing play equipment(swings,slides,temporary plastic above- round pools,but not Includin g tree houses 9 P � g or other play houses),and picnic tables and chairs. Maintenance does not include the removal of native trees over 6 inches in diameter at 4 foot height. Exposure of more than 200 square feet of soil at any one time requires stormwater precautions so that no contaminated run off reaches the river, wetland, stream,or lake. If such maintenance or use in the buffer area is abandoned or discontinued for greater than th ree ee 3 ears g ( )years, must conform to the provisions of Section 17.01.110.G.1. i i Mason County Resource Ordinance 58 Revised January 10,2005 3. All new and existing agricultural activities within any FWHCA and or its buffer complying with a current conservation plan that conforms with the standards and specifications_ of the Natural Resources Conservation Service and is submitted to and approved by the Administrator,or operating in conformity with a permit of a state agency,except as required by subsection 17.01.110 G.21 below. 4. Buffer alterations for view corridors are allowed with emphasis placed on limbing and with selective timber removal minimized to the extent possible. Proposed alterations shall be the minimum to afford views within the buffer and shall minimize shrub vegetation removal and ground disturbance while maintaining the large mature trees. Under this provision, no more than 10 percent of trees in the buffer less than six Inches in diameter at breast height may be removed from.the buffer without specific authorization from Mason County,.which may allow removal up to 20 percent. View corridor improvement actions which include the removal of trees larger than six inches in diameter at breast height will require Mason County approval and replacement with native tree and/or shrub plant species are limited to 15 percent of such trees in the buffer. 5. The removal of danger trees from buffers which pose a direct threat to property and life, provided they are documented by a professional forester. Removal of danger trees shall be mitigated by planting a total of six(6)new trees seedlings each a minimum three years old and each of the same species as the removed tree or native species trees. if the replacement is judged to be unnecessary, Mason County may require the applicant to place the downed danger tree within the buffer as habitat. 6. The removal from buffer areas of noxious weeds designated in Chapter 17.10 RCW and the enhancement of a buffer by planting indigenous vegetation (see also Section 17.01.110.E.8). 7. The construction of trails associated with residential use which shall be unpaved when located in the buffer areas and elevated when located in wetlands,which are not intended for motorized use,and which are no wider than three(3)feet,unless additional width is necessary*for safety along a precipice,steep hillside,or other hazardous area. 8. A habitat enhancement project that has minimum County review and is subject to the review and approval by a governmental agency,tribal agency,or fish and wildlife habitat enhancement group utilizing the process stated in R.C.W.77.55.290. 9. Harvesting of Wild Crops: Harvesting wild crops which do not significantly affect the viability of the wild crop,the function of the Fish and Wildlife Habitat or regulated buffer (does not include tilling of soil or alteration of the Fish and Wildlife Habitat Conservation Area). 10. Any of the General Exemptions authorized by Section 17.01.130. G. DEVELOPMENT AND ACTIVITIES REQUIRING A MASON ENVIRONMENTAL PERMIT IN FISH&WILDLIFE HABITAT CONSERVATION AREAS OR THEIR BUFFERS A Mason Environmental Permit shall be obtained from the County, using the administrative review process in this Chapter,before undertaking the following activities in FWHCAs or their buffers. When a major new development is proposed within 1/4 mile of a listed species point location(den or nest site),as identified through the WDFW PHS data base,tribal and other local fish and wildlife databases or knowledge,a preliminary review by a qualified fish and wildlife professional shall be provided to the county which shall determine if a FWHCA or its buffer is within the area of the development. 1. A Habitat Management Plan(HMP)shall be prepared for these activities: a. The removal,excavation,grading,dumping, discharging or filling of any material unless part of a project which has been permitted pursuant to this section or for which no permit is required. Mason County Resource Ordinance 59 Revised January 10,2005 b. The destruction or alteration of PWHCA's or their buffers through clearing, harvesting,shading, intentional burning,vegetation removal(terrestrial, freshwater,or marine),or planting of vegetation that would alter the character of the FWHCA or buffer,unless part of a project which has-been permitted pursuant to this section or for which no permit is required. C. New Construction and Major New Development. 1. New residential construction and major new development is not permitted within FWHCA or its buffer,except for the activities listed in this subsection G,or as approved through a variance or reasonable use exception as provided in subsection K. 2. Appurtenant structures not needing building permits,associated with residential development and located in the FWHCA or buffer may be permitted.A proposal shall meet the additional review standards of the Mason County Shoreline Master Program, Resource Ordinance,and other development ordinances. 3. Saltwater Activities: Accessory uses to existing or new development, such as a saltwater pier,dock,or float; boat ramp,or boat lift will need to meet the additional review standards of the Mason County Shoreline Master Program, Resource Ordinance,and other development ordinances. All activities in tidal/saltwater submerged lands shall avoid impacts to eelgrass and kelp beds to the maximum extent. If eel grass or kelp Is known or suspected in the vicinity,then an aquatic vegetation survey is required to identify the location of eelgrass or kelp. Unavoidable impacts to these sensitive marine areas shall be addressed in a Habitat Management Plan that presents an acceptable mitigation program. The design and siting of these projects should not adversely impact water quality of receiving waters such as wetlands,streams,rivers, Hood Canal or Puget Sound. In addition, project design should meet or exceed any storm water design requirements to avoid any risk of decertification of shellfish beds or impacts to baitfish(herring,smelt,sand lance,candlefish ,etc.)spawning areas. d. Stream Re%anon: Stream relocations are discouraged except for the purpose of fisheries restoration and require a Habitat Management Plan. Stream relocation shall only be permitted when adhering to the following minimum performance standards and when consistent with Washington State Department of Fish and Wildlife Hydraulic Project Approval. I. The channel, bank and buffer areas shall be replanted with native vegetation that replicates a natural,undisturbed riparian condition;and, ii. For those shorelands and waters designated as Frequently Flooded Areas pursuant to Section 17.01.090,a professional engineer licensed in the State of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained. III. Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated as determined by the monitoring in the Habitat Management Plan. e. Bank Stabilization:A stream channel and bank,bluff,and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures(structure is defined for this purpose as those requiring a Building Permit pursuant to the International Building Code), public improvements,unique natural resources, public health,safety or welfare,or the only feasible access to property,and, In the case of streams,when such stabilization results in maintenance of fish habitat,flood control and improved water quality. Bluff,bank and shoreline stabilization shall follow the standards of the Mason County Shoreline Master Program, Landslide Hazard Areas,and any floodplain management plan adopted by the Board of Commissioners. Mason County Resource Ordinance 60 Revised January 10,2005 Mason County may require that bank stabilization be designed by a professional engineer licensed in the State of Washington with demonstrated expertise in hydraulic actions of shorelines. For bank stabilization projects within FWHCAs, emphasis shall be placed on bioengineering solutions(vegetation versus hard surfaces)unless proved by the applicant to be infeasible. Bank stabilization projects may also require a Hydraulic Project Approval from the Washington Department of Fish and Wildlife and will be determined after consultation with WDFW. f. Gravel Mining. Gravel mining is discouraged within FWHCAs or their buffers,and It shall not be permitted if it causes significant adverse environmental impact, but it may be allowed following the review and approval of a Habitat Management Plan, including a detailed mining and reclamation plan(required by the Washington Department of Natural Resources). g. Conservation. Any conservation,preservation,or enhancement projects to protect functions and values of the critical area system, including activities and mitigation allowed pursuant to the mitigation priorities identified in Section I (see also Section . 17.01.110.E.8). h. OutdoorRecreallon,Education and Trails Activities and improvements which do not significantly affect the function of the Fish and Wildlife habitat or regulated buffer (including viewing structures,outdoor scientific or interpretive facilities,trails,hunting blinds,etc.)may be permitted in FWHCA or their buffers. I. Trails and other facilities shall,to the extent feasible,be placed on existing road grades,utility corridors,or other such previously disturbed areas; ii. Trails and other facilities shall be planned to minimize removal of trees, shrubs,snags and important wildlife habitat; iii. Viewing platforms,interpretive centers, benches and access to them,shall be designed and located to minimize of impacts to wildlife, fish, or their habitat and/or critical characteristics of the affected conservation area. iv. Trails,in general,shall be set bads from streams so that there will be minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible and trails within FWHCAs are not intended to be used by motorized vehicles. i. Road/Street Expansion&Construction. Any private or public road or street expansion or construction which is allowed in a Fish and Wildlife Habitat Conservation Area or its buffer shall comply with the following minimum development standards: i. No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; ii. Public and private roads should provide for other purposes,such as utility crossings,pedestrian or bicycle easements,viewing points,etc.;and, iii. The road or street construction Is the minimum necessary,as required by the Department of Public Works and Fire Marshall,and shall comply with the Department of Public Works'guidelines and Fire Code to provide . public safety and mitigated storm water impacts. Minimum necessary provisions may include projected level of service requirements. iv. Construction time limits shall be determined in consultation with the Washington Department of Fish and Wildlife in order to ensure species and habitat protection. j. Agricultural Restrictions All new and existing agricultural activities within any FWHCA and or its buffer,unless exempted as provided in subsection 17.01.110.F.3. Mason County Resource Ordinance 61 Revised January 10,2005 2. A Habitat Management Plan(HMP)will not be required the following activities which comply with the development standards below,except as specified: a. Stream Crossings: All stream crossings should be discouraged and alternatives should be explored. Any private or public road expansion or construction which is proposed and must cross streams classified within this Ordinance,shall comply with the following minimum development standards: I. Bridges or arch/bottomless culverts shall be required for all Type 1, 2 and 3 streams(which have anadromous fish habitat). Fish passage shall be provided, if necessary to address man-made obstructions on site. Other alternatives may be allowed upon a showing that,for the site under review,the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible. Submittal of a Habitat Management Plan which demonstrates that the alternatives would not result in significant impacts to the Fish and Wildlife Habitat Conservation Area(FWHCA) may be required if the information necessary to determine if the permit requirements contained in subsection 1.5. has been met. The plan must demonstrate that salmon habitat will be replaced at a minimum 1:1 ratio. ii. Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists. For new development proposals,if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with the Washington State Department of Fish and Wildlife and the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe; iii. Bridge piers or abutments shall not be placed either within the floodway or between the ordinary,high water marks unless no other reasonable alternative placement exists; iv. All stream crossings shall be required to pass 100 year projected flood flows,.even in non-fish bearing Type 4 and 5 streams. In addition, crossings for Type 1,2,or 3 should allow for downstream transport of large woody debris; V. Crossings shall serve multiple properties whenever possible. vi. Where there is no reasonable alternative to providing a culvert,the culvert shall be the minimum length necessary to accommodate the permitted activity. b. Land Divisions In order to implement the purpose of this section and the County Comprehensive Plan,to accommodate design innovation,creativity,and flexibility,and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development,the use of the Performance Subdivision process(Title 16 Mason County Subdivision Ordinance)is strongly encouraged. Divisions of land(Subdivisions,Short Subdivisions, Large Lot Subdivisions)shall comply with the following development standards: I. in order to avoid the creation of non-conforming lots,each new lot shall contain at least one building site that meets the requirements of this Ordinance,including buffer requirements for habitat conservation areas. This site must also have access and a sewage disposal system location ! that are suitable for development and do not adversely impact the FWHCA. ii. After preliminary approval and prior to final land division approval,the common boundary between a required buffer and the adjacent property shall be identified using appropriate signs. In lieu of signs,alternative methods of buffer identification may be approved when such methods (fences or enhanced native planting)are determined by Mason County to provide adequate identification to the buffer and the FWHCA. iii. Buffer areas shall be dedicated as permanent open space tracts, Mason County Resource Ordinance 62 Revised January 10,2005 functioning as FWHCA buffers. - IV. If development is proposed within a FWHCA or its buffer,a HMP is required. C. Utl//ties Placement of utilities within designated Fish and Wildlife Habitat onservation Areas may be allowed pursuant to the following standards: I. Construction of utilities may be permitted in FWHCA's or their buffers, only when no practicable or reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible. ii. Construction of wells, sewer lines,water lines,or on-site sewage systems are not permitted in FWHCA's but may be permitted in a buffer area when the applicant demonstrates it is necessary to meet State and/or local health code requirements;there are no other practicable alternatives available;and construction meets the requirement of this section. Joint use of the sewer or water utility corridor by other utilities may be allowed. Encroachment of more than 50 feet into the buffer will require a HMP. iii. New Utility Corridors shall not be allowed in FWHCA's with known locations of federal or state listed endangered,threatened or sensitive species,heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor,except in those circumstances where an approved Habitat Management Plan is in place. IV. Utility corridor construction and maintenance shall protect the environment of Fish and Wildlife Habitat Conservation Areas and their buffers. (1) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet)measured on the uphill side. (2) New utility corridors shall be revegetated with appropriate native vegetation at not less than pre-construction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three- year period; V. Utility towers should be painted with brush,pad or roller and should not be sandblasted or spray painted,nor shall lead base paints be used. d. Forest Practices, Class IV General:Timber harvesting with associated development activity involving land conversions from Forest Use,or otherwise meeting the DNR definition as a Class IV General application,shall comply with the provisions of this Ordinance including the maintenance of buffers,where required. If harvest or development is proposed within a FWHCA or its buffer,a HMP•is required. e. Mobile Home or RI/Parks-new or expanded mobile home or RV parks shall comply with the following development standards: I. Lots or spaces and other improved areas shall be outside of FWHCA and its buffer.Roads,utilities,and trails may encroach on the buffer or FWHCA as provided elsewhere in this section. The project as a whole shall not adversely impact the FWHCA. H. The common boundary between a required buffer and the adjacent property shall be identified using signs or alternative methods determined Mason County to provide adequate identification to the buffer and the FWHCA. iii. Buffer areas shall be designated as open space and preserved to the extent possible. IV. If development is proposed within a FWHCA or its buffer,a HMP is required. Mason County Resource Ordinance 63 Revised January 10,2005 • f. 1. FieshwaterAct/v/des Accessory uses to existing or new development,such as a freshwater pier, dock, or float; boat ramp, or boat lift will need to meet the additional review standards of the Mason County Shoreline Master Program, Resource Ordinance,and other development ordinances. 2. Park or communityrecreadon development that is water dependent In areas maintained as existing developed use for the park or community recreation land use, new development such as picnic or assembly structures is permitted and are required to meet the additional review standards of the Mason County Shoreline Master Program, Resource Ordinance,and other development ordinances. g. Chem/ca/App//cadon or Storage. Chemical applications are not permitted within FWHCAs unless expressly approved as part of a farm plan, forest practices application or for the control of invasive or noxious plant species. In cases where approved chemical applications occur as part of a forest practices application or farm plan,proper reporting procedures shall be followed.Chemical application consistent with state and Federal regulation does not require a Mason Environmental Permit, but it does need to comply with the standards included herein.Chemical storage shall not be permitted within a FWHCA or its buffer. H. HABITATS AND SPECIES OF LOCAL IMPORTANCE—LISTING&DELISTING IMPORTANT HABITATS&SPECIES 1. Locally significant species are those which are not state listed as threatened,endangered or sensitive, but which live in Mason County, and the species is special importance to the citizens of Mason County for cultural or historical reasons, or the county is a critically significant portion of their range. Mason County is a critically significant portion of the range of a species when any of the following conditions apply: a. The species would be extirpated from the state of Washington if it is extirpated from Mason County;or b. The species'population would be divided into non-viable populations if it is extirpated from Mason County,where the isolated populations are critical to the survival of the species;or C. The species is listed as a state monitor or candidate species and Mason County is a significant portion of the range of the species and significant reduction or extirpation of the species from Mason County would result in changing the status of the species to that of state endangered,threatened,or sensitive. 1 2. Locally significant habitats are those habitats in which significant species live,or which is of special importance to the citizens of Mason County because they have been determined to contribute to the variety.of habitats or diversity of species. 3. Regulations prepared to protect locally important habitat and species shall consider and, where possible,support the economic development of Mason County and the use of resource lands and resources industry,enhance the affordability of housing, and otherwise promote the achievement of other goals in the Mason County Comprehensive Plan. 4. The process for listing or delisting an important habitat or species in Mason County shall be an amendment to this section of the Interim Resource Ordinance. This action may be initiated by request of the State Department of Fish&Wildlife,the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe,County staff,or interested citizens. Any such request shall be in writing and shall include: a. The common and scientific names of for species under consideration; b. Habitat location on a map(scale 1:24,000); C. The reasons for the request, including: (1) declining or increasing population, (2) sensitivity to habitat manipulation. d. Habitat management recommendations, including potential uses and restrictions of the habitat areas,seasonally sensitive areas,and other guidelines necessary for the protection of the nominated species. i e. Other supporting documentation, including an analysis which weighs the non- environmental impacts of the proposal,addressing economics and land use,against j M Mason County Resource Ordinance 64 Revised January 10,2005 I t, ''k -the benefits of the proposed listing. 5. The written request and supporting data may be evaluated by a qualified wildlife biologist or equivalent professional selected by the County. 6. In addition to the above,the County shall consider the following factors when evaluating the request: a. The specificity and scientific validity of the information about the nominated species needs and behaviors; b. The sufficiency of habitat areas currently available to sustain the species over time; and C. The versatility of the proposed habitat area to sustain species other than the one being nominated for local species of importance designation. I. APPLICATION REVIEW PROCESS 1. Upon the receipt of an application for development,the Director shall determine whether the requirements of this section apply. The Director may consult with affected Tribes or state agencies in determining that the subject property is shown to be documented habitat for federal or state listed endangered,threatened or sensitive species. 2. Boundaries: The procedures for formal determination of regulated Fish and Wildlife Habitat Conservation Area boundaries are as follows: a. The FWHCA boundary for streams shall be the Ordinary High Water Mark(OHWM) or channel migration zone(CMZ). b. The FWHCA boundary for marine shoreline$and lakes greater than 20 acres shall be the OHWM. C. The boundary of all other FWHCA's may be determined using published databases, resource agency personnel,consultation with the.Skokomish Tribe,Quinault and/or the Squaxin Island Tribe, and/or by a qualified environmental professional based upon site specific assessment and species presence. 3. Permit information:When a Mason Environmental Permit is required under this section,it is the applicant's responsibility to provide all necessary and accurate data to the County for its review. This information will include a field delineation by a qualified professional(biologist, hydrologist, soil scientist,and/or other expert as circumstances warrant). Formal boundary determination is the responsibility of the County. a. When sufficient information exists from the County's natural resource inventory or other sources, Mason County may waive the requirement of a field delineation, provided a qualified professional has reviewed and approved such information as reliable. b. When requested by the applicant,or an affected party,the County may perform the data collection,at a fee, in lieu of direct action by the applicant. C. Where Mason County performs a formal determination at the request of the applicant pursuant to subsection b above, it shall be considered a final determination unless contested by the applicant or other affected party. d. Where the applicant has provided the information in support of a permit for a formal determination by the County of the Fish and Wildlife Habitat Conservation Area boundary, Mason County shall verify the accuracy of,and may render adjustments to,the boundary determination in compliance with the provisions of this ordinance. 4. When a Mason Environmental Permit is required,the permit shall be obtained from the County using the administrative review process in this chapter prior to undertaking regulated activities in a FWHCA or its buffer. 5. In addition to any other requirements,permits shall only be granted if: a. The proposed activity avoids adverse impacts to regulated FWHCA, or takes affirmative and appropriate measures to compensate for impacts. Mitigation sequencing should follow the avoidance, reduction,and compensation analysis, in that order of preference,and b. The proposed activity is consistent with an approved Habitat Management Plan, if Mason County Resource Ordinance 65 Revised January 10,2005 such a plan is prepared;or C. The proposed activity is approved as a variance or reasonable use exception under this chapter, if applicable. 6. FWHCA permits shall not be effective and no activity thereunder shall be allowed during the time provided to file and process a permit appeal. J. HABITAT MANAGEMENT PLAN (HMP)REQUIREMENTS The following describes the requirements of a Habitat Management Plan as discussed in this ordinance. A HMP shall consider measures to preserve and protect the wildlife habitat and shall consider effects of land use intensity,buffers,setbacks,impervious surfaces,erosion control and retention of natural vegetation on the functions and values of the FWHCA. This report shall identify how the impacts from the proposed use or activity will be avoided or mitigated through habitat mitigation which meets the purposes of this ordinance. The most recent publication of the Management Recommendations for Washington s Priority Habitats and Species, as now or hereafter amended, and consultation with a habitat biologist from the Washington State Department of Fish and Wildlife and with the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe and shall be the basis for the report. In the case of bald eagles,an approved Bald Eagle Management Plan by the Washington State Department of Fish and Wildlife meets the requirements for a HMP. For those projects requiring the preparation of a Biological Assessment (BA)or Biological Evaluation(BE)as part of the application for a Corps of Engineers permit,the approved BA or BE meets the requirements of a HMP,and the contents of the BA or BE meet the standards listed in J2. Prior to submittal to the County,the Habitat Management Plan shall be reviewed and approved for adequacy by a qualified fish and wildlife professional. It shall contain but not be limited to the following information: 1. A map(s)prepared at an easily readable scale,showing: a. The location of the proposed site; b. The relationship of the site to surrounding topographic and built features; C. The nature and density of the proposed use or activity; d. Proposed building locations and sizes; e. A legend which includes: (1) A complete and accurate legal description and total acreage of the parcel; (2) Title,scale,date,and north arrow; (3) Certification by a qualified biologist. f. Existing structures and landscape features including the name and location of all water bodies. g. Location of listed species and their critical habitat areas. 2. A report which contains: a. A description of the nature, density and intensity of the proposed use or activity in i sufficient detail to allow analysis of such land use change upon identified wildlife habitat; b. An analysis of the effect of the proposed use or activity upon fish and wildlife species and their habitats listed in this ordinance; C. A plan which explains how the applicant will avoid, minimize or mitigate adverse impacts to fish and/or wildlife habitats created by the proposed use or activity.This explanation must address the management goals, policies and recommendations presented in this ordinance. Monitoring of mitigation shall be required when appropriate or necessary to ensure effectiveness. Mitigation measures within the plan may include, but are not limited to: (1) Establishment of buffer areas; (2) Preservation of critically important plants and trees; (3) Limitation of access to habitat area; (4) Seasonal restriction of construction activities; (5) Clustering of development and preservation of open space; Mason County Resource Ordinance 66 Revised January 10,2005 i (6) Sign marking habitats or habitat buffer areas; (7) Title notice or plat dedication warning statements; (8) Conservation easements. 3. Review comments by a habitat biologist from the Washington State Department of Fish and Wildlife(WDFW)and the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe shall be included in the HMP when available. If the HMP recommends mitigation involving federally listed threatened or endangered species,migratory waterfowl or wetlands,the U.S. Fish and Wildlife Service shall receive a copy of the draft HMP and their review comments shall be included in the final report. This is provided that the Washington State Department of Fish and Wildlife,the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe and, if required,the U.S. Fish and Wildlife Service respond in writing to Mason County with review comments or a request for additional information within 28 days from the date of issuance of a draft habitat management plan. if review comments or a request for additional information is not received in the prescribed time frame, the tribal, state and/or federal review comments on the habitat management plan shall not be required for completion of the HMP. Mason County shall have. the authority to approve Habitat Management Plans or require additional information. K. RELIEF FROM THE REQUIREMENTS IN THIS SECTION Specific relief from the requirements of this section may be obtained on a case-by-case basis by applying for a variance(Section 17.01.150)or a reasonable use exception(Section 17.01.120). Mason County Resource Ordinance 67 Revised January 10,2005 FIGURE 1 a14WA4 fib, s'"(back ling.. 4M04§wM � � � • �- oNW14 45� . e S5* ! s� 66 for . 13 $u ecf• lot' . Mason County Resource Ordinance 68 Revised January 10,2005 FIGURE 2 i5 4s 8 tie bm YACMf rA4X S.V Mason County Resource Ordinance 69 Revised January 10,2005