HomeMy WebLinkAboutDRV2023-00001, FPA, SEP - VAR Letters / Memos - 2/15/2023 O 9
Y
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Southwest Region Office
PO Box 47775, Olympia, WA 98504-7775 • 360-407-6300
February 15, 2023
Michael MacSems, Staff Contact
Mason County
Planning Division of Community Development
615 W. Alder St. Bldg. 8
Shelton,WA 98584
Dear Michael MacSems:
Thank you for the opportunity to comment on the determination of nonsignificance for the
Palacino Moratorium Waiver Project(SEP2023-00001)located at 641 East Jared Road as
proposed by Giovanni Palacino. The Department of Ecology(Ecology)reviewed the
environmental checklist and has the following comment(s):
SOLID WASTE MANAGEMENT: Derek Rockett(360)407-6287
All grading and filling of land must utilize only clean fill. All other materials may be
considered solid waste and permit approval may be required from your local jurisdictional
health department prior to filling. All removed debris resulting from this project must be
disposed of at an approved site. Contact the local jurisdictional health department or
Department of Ecology for proper management of these materials.
TOXICS CLEANUP: Dean Malte(360)999-9584
No confirmed or suspected contaminated sites are located on or within 1/4 mile of the project
area. If any contamination is unexpectedly encountered,please report it to Ecology(per
WAC 173-340-300)via the online ERTS at https://ecology.wa.izov/Footer/Report-an-
environmental-issue/statewide-issue-reportin -fg orm.
WATER QUALITY/WATERSHED RESOURCES UNIT:
Jacob Neuharth (360)742-9751
Erosion control measures must be in place prior to any clearing,grading,or construction.
These control measures must be effective to prevent stormwater runoff from carrying soil
and other pollutants into surface water or stormdrains that lead to waters of the state. Sand,
silt,clay particles, and soil will damage aquatic habitat and are considered to be pollutants.
Michael MacSems
February 15, 2023
Page 2
Any discharge of sediment-laden runoff or other pollutants to waters of the state is in
violation of Chapter 90.48 RCW,Water Pollution Control, and WAC 173-201A,Water
Quality Standards for Surface Waters of the State of Washington, and is subject to
enforcement action.
Construction Stormwater General Permit:
The following construction activities require coverage under the Construction Stormwater
General Permit:
1. Clearing, grading and/or excavation that results in the disturbance of one or more
acres and discharges stormwater to surface waters of the State; and
2. Clearing,grading and/or excavation on sites smaller than one acre that are part of a
larger common plan of development or sale,if the common plan of development or
sale will ultimately disturb one acre or more and discharge stormwater to surface
waters of the State.
a) This includes forest practices(including,but not limited to, class IV conversions)
that are part of a construction activity that will result in the disturbance of one or
more acres, and discharge to surface waters of the State; and
3. Any size construction activity discharging stormwater to waters of the State that
Ecology:
a) Determines to be a significant contributor of pollutants to waters of the State of
Washington.
b) Reasonably expects to cause a violation of any water quality standard.
If there are known soil/ground water contaminants present on-site, additional information
(including,but not limited to: temporary erosion and sediment control plans; stormwater
pollution prevention plan; list of known contaminants with concentrations and depths found;
a site map depicting the sample location(s); and additional studies/reports regarding
contaminant(s))will be required to be submitted. For additional information on contaminated
construction sites, please contact Evan Wood at evan.wood(a),ecv.wa.gov, or by phone at
(360) 706-4599.
Additionally, sites that discharge to segments of waterbodies listed as impaired by the State
of Washington under Section 303(d)of the Clean Water Act for turbidity, fine sediment,high
pH,or phosphorous,or to waterbodies covered by a TMDL may need to meet additional
sampling and record keeping requirements. See condition S8 of the Construction Stormwater
General Permit for a description of these requirements. To see if your site discharges to a
TMDL or 303(d)-listed waterbody,use Ecology's Water Quality Atlas at:
https://fortress.wa.gov/ecy/wateEgualityatlas/StartPage.aspx.
The applicant may apply online or obtain an application from Ecology's website at:
http://www.ecy.wa.gov/programs/wq/stormwater/construction/-Application. Construction
site operators must apply for a permit at least 60 days prior to discharging stormwater from
construction activities and must submit it on or before the date of the first public notice.
• Michael MacSems
February 15, 2023
Page 3
Ecology's comments are based upon information provided by the lead agency. As such,they
may not constitute an exhaustive list of the various authorizations that must be obtained or legal
requirements that must be fulfilled in order to carry out the proposed action.
If you have any questions or would like to respond to these comments,please contact the
appropriate reviewing staff listed above.
Department of Ecology
Southwest Regional Office
(GMP:202300420)
cc: Derek Rockett, SWM
Dean Malte, TCP
Jacob Neuharth, WQ
MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES
Mason County Bldg.8,615 W.Alder Street, Shelton,98584
(360)427-9670 Belfair(360)275-4467 Elma(360)482-5269
i sr Www.co.mason.wams
FOREST MORATORIUM WAIVER/RELEASE APPLICATION
This application is to be used to waiver a portion of a parcel for development permits or to release the entire tract from
the six year moratorium for development permits.This process was created under the guidance of RCW 76.09.060.This
application needs to be filled out completely,so that we have all the information to process this in an expedient manner.
Which are you requesting from the Moratorium? bdWaiver ❑Release
Applicant's Name: Giovanni palacino Operator's Name:_Giovanni palacino
Applicant's Address: 641 E. Jared Rd Operator's Address:__641 E. Shelton Rd
Shelton,WA 98584 Shelton, WA 98584
Applicant's E-mail: gioiMpalacino.net
Applicant's Phone number: +1 (512)585-9955
Effected Parcel Number: 22025 77 00040 Parcel size(in acres): 5 ac.
Identify what type of timber was removed,ie:Douglas Fir,Western Red Cedar,Alder,Maple,etc: _Douglas Fir
Was the timber harvest done under an approved forest practice application: bdYes ❑No
Was there an enforcement action taken by the Department of Natural Resources(DNR): ❑Yes beNo
Forest Practice Application Number: 2420188 Forest Practice Application date of approval: 06/14/2018
What is your intention to do with the effected parcel:
Develop as a primary and permanent maidence_
Have you attached a site plan to show the area of the requested waiver or release: WYes ❑No
Are there any critical areas on your site?ie:wetlands,streams,creeks,steep slopes,etc.: X Ves ❑No
If yes,identify the type of critical area(s): 1 Categry IV wetland, on the site-pIan and, unaffected by-planned build.
Please list conditions of approvals by DNR for your forest practice application:
Were any of the buffer areas effected by the timber harvest?: ❑Yes XNo
Identify if you harvested any timber in the critical areas on your site: ❑Yes XNo
Did you replant per DNR standards:XYes ❑No
f
Application Signature
1) I certify that I am the forest land owner, as that term is defined in RCW 76.09.020 and
WAC 222-16-010,and that I am familiar with the requirements of the Forest Practices Act,
RCW 76.09 and the forest practice rules, WAC Title 222. I am specifically familiar with
RCW 76.09.460(c)and its effects.
2) I certify and declare under penalty of perjury under the laws of the state of Washington that
the foregoing his true and correct.
Signed this day of ,20 23 at
(Month)
(City) (State) (Signature)
STATE OF WASHINGTON)
) SS
COUNTY OF MASON )
On this -3 day of� 20 ,bef
ngton ore me, the undersigned, a Notary Public
in and for the State of Washi , duly commissioned and sworn, personally appeared
G i o-Va"n i is—P al o cl n u to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged thatC-bt N�gnni L I�-al4'iV'0
signed the same as C-,i oycuno i L`Pal a L i no free
and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of,DC4 ,
NOTARY NO ARY PUBLIC in and for t e State of
21009497 = Washington residing
PUBLIC
'r� 07/301VV °G'��.
FINDING OF FACT
w
WAIVER OF FOREST MORATORIUM#DRV 2023-00001
APPLICANT: Giovanni Palacino
APPLICATION DATE: 1/3/23
Mason County has reviewed the above referenced application for a 2-acre waiver of the
six-year moratorium resulting from a permitted Class III forest practice activity
(2420188) and finds it in conformance with all applicable County land use regulations in
effect at the time of application.
FINDINGS
The proposed waiver of six-year moratorium is compliant with the following conditions:
The applicant has paid the prescribed fees.
The applicant has filed a complete application.
This six-year moratorium waiver is in conformance with the following Mason County
ordinances:
Forest Practice Moratorium Ordinance 11.04
1. The development area is no larger than two (2) acres in size.
See attached site map.
2. The harvest and reforestation of the property shall be completed as specified in
the approved forest practices application/notice.
Note: DNR agent Dave Dalzotto told me that he isn't able to do this inspection. In
an e-mail dated April 25, 2022, Carla Fosberg at DNR state that it is not always
possible for DNR staff to do reforestation checks in a timely manner and that
State FPA rules allow local government to make their own findings. In this case
Staff found evidence of replanting outside of the waiver area.
3. There shall be no damage to a critical area or its associated vegetation area nor to
the shoreline area(if any) or any damage to those areas is repairable with
restoration.
No damage has occurred.
1
a
4. The proposed development is consistent with the Mason County Comprehensive
Plan and Development Regulations.
The proposed development is limited to residential use per the criteria of the
waiver process. The location is zoned RR-5 which is consistent with residential
development.
5. If necessary, mitigation shall be required for impacts to critical areas, stormwater,
and shorelines. Other mitigation may be required to prevent adverse
environmental impacts,pursuant to Mason County Ordinance#55-97,the
Environmental Policy Ordinance.
No mitigation required.
Title 15 Mason Development Code
This application for a waiver from the six-year moratorium has been processed as
a Type II permit with appropriate notices.
Comprehensive Plan and Development Regulations
The activity proposed for the site affected by this waiver from a six-year
moratorium is compatible with the Mason County Comprehensive Plan and
Development Regulations. The site is zoned Rural Residential 5.
Shoreline Master Program
This property does not contain land that falls within the jurisdiction of the Mason
County Shoreline Master Program. Designation: N/A . Any activity
in those portions of this site shall be consistent with the requirements of the
Shoreline Master Program.
Mason County Critical Areas Ordinance
Site contains or is within 300 feet of minimal slopes. A geotechnical report
or geological assessment was written for the site by and
the checklist approved as complete by county staff.
N/A
Stormwater and Erosion Control
An engineered stormwater and erosion control plan(by )was reviewed by
in Mason County Public Works. The plan was approved with conditions
on
2
Note: The site has revegetated so stormwater review has been waivered.
State Environmental Policy Act
This application for waiver from the six-year moratorium#DRV 2023-00001 has
been reviewed for SEPA compliance under case# SEP 2023-00001, and a
determination of non-significance has been made.
a
CONCLUSIONS
In conclusion,this application for a waiver from the six-year moratorium associated with
FPA 2420188 is consistent with the above criteria. The following types of permits may
be issued prior to 6/15/24 under this waiver.
1. Building permits for a single-family residence and/or for a residential outbuilding.
2. Single-family on-site septic permit.
3. Road access permit.
4. Earth modification permits.
5. Shoreline Master Program approvals.
6. Well and potable water permits.
7. Other approvals necessary to the development of a single-family residence and
outbuildings.
Any permit issued under this waiver shall be conditioned, as necessary,to limit the
approval to only that development consistent with the intent of section 11.04.340 of the
Mason County Forest Practice Ordinance# 11.04.
3
RECOMMENDATIONS
I,being a duly appointed designee of the Mason County Community Services
Department,hereby attest to and certify that appropriate provisions have been made for
this six-year moratorium waiver and hereby recommend approval.
zt 2( I (-r'
Kell Rowen, Director Dept of Community Development Date
0N — — 'L / � _3
ichael MacSems, orest Practices Reviewer Date
4
Fw: Moratorium waiver/release request background
Michael MacSems
Fri 1/202023 1:30 PM
To Michael MacSems~s@masoncountywa.gov>,
From:Michael MacSems
Sent:Wednesday,November 23,2022 9:20 AM
To:Michael MacSems
Subject:Fw:Moratorium waiver/release request background
From:Michael MacSems
Sent:Thursday,April 28,2022 2:45 PM
To:Michael MacSems
Subject:Fw:Moratorium waiver/release request background
Hello Carla,
Thank you for your clarifying note below.I understand your staffing issues and I want to let you know what our situation is,which is that it is Mason County Code,
11.04.100.c.2 and 11.04.140.c.2(below)that require that a finding be made that a FPA site meets the conditions of the FPA approval prior to County approval of a
moratorium waiver or release.It is my understanding that this local ordinance was written in 1998 under DNR guidance.I think it makes sense in the context of a two-acre
waiver that the balance of the parcel meets DNR criteria including replanting(one of our local tribes is adamant that we not slack on that finding when critical areas are
involved).I think it makes less sense to require such a finding from the DNR for a moratorium release because the entire parcel is essentially being converted,but none-
the-less,that is what the code requires.
Going forward,I am obligated to continue to request such findings from the local foresters,but if none is forthcoming,I will substitute your memo below in any
representation that I need to make to the Hearings Examiner and the public.
I appreciate your time on this.
Michael MacSems
Subdivision and Class IV G Forest Practices Reviews
11.04.100 -Waiver—Process.
(a) The request will be made to the department of community development on the application form provided by that department and accompanied by a completed county
environmental checklist and any established fees.
(b) The application shall be reviewed as a Type 11,administrative decision with notice,as provided for in the Mason County Title 15 Development Code.
(c) Standards for waiving the moratorium:
(1) The development area shall be no larger than two acres in size.
(2) The harvest and reforestation of the property shall be completed as specified in the approved forest practices application/notice.That portion of property subject to the
waiver application shall be excepted from reforestation.
(3) There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration.
(4) The proposed development shall be consistent with the county comprehensive plan and development regulations.
(5) Mitigation shall be required for impacts to critical areas,stormwater,and shorelines.Other mitigation shall be required to prevent significant adverse environmental
impacts,pursuant to M.C.C.Chapter 8.04 to 8.40.
(Ord.53-04 Attach. B(part).2004;Ord.108-98 Att.C§1(part),1998).
11.04.140 -Moratorium removal—Process.
(a) The request will be made to the department of community development on the application form provided by that department and accompanied with any established fees.
(b) The application shall be reviewed as a Type III,quasi-judicial decision,as provided for in the county development code.
(c) Standards and findings required for removing the moratorium:
(1) The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practices applications.
(2) The harvest and reforestation of the property shall be completed as specified in the approved forest practices application/notice.
(3) There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration.
(4) The proposed development shall be consistent with the county plan and development regulations.
(5) Mitigation shall be required for impacts to critical areas,stormwater,and shorelines.Other mitigation shall be required to prevent significant adverse environmental
impacts,pursuant to county Ordinance No.55-97,the Environmental Policy Ordinance.
(d) Where the timber harvesting takes place without an approved forest practice application(per RCW 76.09),removal of the moratorium shall meet the standards and
findings required in subsection C of this section,and shall have the additional condition that no permits will be issued for a period of one year to assure that the mitigation
measures have been implemented and are successful,unless the applicant posts a bond one and one-half times the estimated amount adequate to cover the costs for the
county to do the entire mitigation.If a bond is posted with the county to assure that the mitigation will be done and at the end of one year the mitigation has not been fully
completed,the money from the bond shall be used by the county to complete the mitigation.
(Ord.108-98 Att.C§1 (part),1998).
From:FOSBERG,CARIA(DNR)<CARLA.FOSBERG@dnr.wa.gov>
Sent:Monday,April 25,2022 8:27 AM
To:Michael MacSems
Cc:JOHNSON,JERRY L(DNR)
Subject:Moratorium waiver release request
Caution:External Email Warningl This email has originated from outside of the Mason County Network.Do not click links or open attachments unless you recognize
the sender,are expecting the email,and know the content is safe.if a link sends you to a website where you are asked to validate using your Account and Password,
DO NOT DO SOI Instead,report the incident.
Good morning Michael,
I just wanted to touch base with you regarding moratorium waiver request that you've made recently.
When time permits,DNR will to the best of our ability complete reforestation checks to ensure FPA/Ns meet or exceed the requirements of WAC 222-34.Unfortunately,due to staffing
constraints reforestation compliance checks are not a priority of the region and when requested would be completed at the earliest opportunity.
There are no Forest Practices laws or rules that would prevent LGEs from releasing moratoriums or issuing permits prior to FPA/N obligations being met.It would be at the discretion of the
LG E.
For all future request,please send to south p-Vg t.fe orestpractice1@dnr.wa.gov.
Kind regards,
Carla Fosberg
o ! Forest Practices Program Coordinator
South Puget Sound Region
s 3 Washington State Department of Natural Resources
b ,p carla.fosberg(a)dncwa.eov
(425)466-2102