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HomeMy WebLinkAboutVAR2010-00005 HEX EXHIBITS A-L - VAR Letters / Memos - 8/20/2018 RECEWED 1 Ali 2 3 2010 2 MCCD - LANNI G 3 4 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 5 Millie Judge, Hearing Examiner Pro Tem 6 IN RE: Manke Timber Company CASE NO. VAR 2010-00005 7 Request to Release Forest Practices FINAL DECISION AND ORDER 8 Moratorium GRANTING RELEASE 9 Having heard the testimony of witnesses and considered the evidence in the 10 record, the Hearing Examiner enters the following Findings of Fact, Conclusions of Law and Decision based on a preponderance of the evidence: 11 INTRODUCTION 12 13 1. The applicant, Manke Timber Company, has applied for the release of a 6-year forest practice moratorium on their property (hereinafter referred to as the "subject 14 property")' located on West Eells Hill Road. The Tax Parcel No. is 42004-24-00000 and 42004-10-00000. The legal description is: Portion of the North Half of Section 4, 15 Township 20 North, Range 4 West and W.M., in Mason County, Washington. The forest practices moratorium was placed on the subject property according to the 16 requirements of the Forest Practices Act, Ch. 76.09 RCW. 17 2. Notice of the Application was made according to the requirements of the County 18 Code. (Exhibit D) A public hearing on the permit request was held on August 10, 2010 at 1:30 p.m. in the Mason County Board of Commissioners' meeting room. 19 The applicant was represented by Rod Powell of Ridge Motor Sports, LLC, along 20 with Matt Matayoshi of the local Economic Development Council, who appeared and presented testimony. Mr. Michael MacSems appeared and testified on behalf of the 21 Mason County Department of Community Development. Numerous citizens attended the public hearing. The attendance roster is added to the record as Exhibit P. Seven 22 citizens testified at the public hearing, as described below. 23 TESTIMONY 24 3. Staff Testimony. Michael MacSems testified on behalf of the County, presenting 25 the Staff Report and concluding that the application has been thoroughly reviewed by staff, that a site visit was performed, and that the applicant has met the requirements for the release of a forest practices moratorium on the subject property. Manke Timber Company-VAR 2010-00005 j Release of Forest Practices Moratorium P. 1 Findings,Conclusions and Decision I i 4. Applicant Testimony. On behalf of the applicant, Mr. Matayoshi testified in I support of the release of the moratorium, noting that the Manke Timber Company did 2 reforest their property as required, and had intended to continue commercial forestry at the time they conducted the forest practice on the site until they were approached 3 by Ridge Motorsports LLC. He stated that the applicant has now retained a biologist specializing in prairie habitat, who will be addressing the issue of the Mazama pocket 4 gophers that were found on the site by the Washington State Department of Fish and Wildlife (WDFW). They believe that the gophers only recently (post-harvest) 5 migrated along the road onto the property. Rod Powell of Ridge Motorsports also 6 testified in support of the release of the moratorium. 7 5. Citizens Testimony. Over 41 citizens attended the public hearing, several representing large organizations. Of those that testified, their comments are 8 summarized as follows: 9 • Peggy Zamzow of Shelton testified that she supported the release of the 10 moratorium. • Terri Jeffreys from the Shelton-Mason Chamber of Commerce testified that 11 she believed that the four criteria for removal of the moratorium had been met by the applicant. She noted that the Economic Development goal of the 12 Comprehensive Plan was to encourage tourism-related facilities, which the 13 present application would ultimately support if the motor sport facility were approved by the County. 14 • Dinah Griffev of the Mason County Realtors Association testified in support of the release of the forest practices moratorium. 15 . Tom Casey, President of the Shelton Drag Strip Racing Association, 16 representing their entire organization, testified that they had reviewed the staff report and its recommendation and supports it. They urge the release of the 17 moratorium. • Amy Brockman of Shelton testified that she lives in the vicinity of the subject 18 property and that the proposal is not consistent with the RR-20 zone. She stated that MCC 17.04.242 lists the permitted uses and that motorsports are 19 not included. She stated that SEPA review resulted in a DNS, but there are 20 critical aquifer recharge areas and now Mazama pocket gophers that need to be addressed. 21 • Wendy Matthews of Shelton testified that she is a neighbor of the subject property. Ms. Matthews stated that a DNS should not have been issued for the 22 subject application and instead, an Environmental Impact Statement should have been required to address the critical aquifer recharge area. She noted 23 that she is not opposed to the siting of a racetrack, but that the procedures for 24 approving it must be properly handled and expressed concern that this was not being done by the County due to community pressure to approve it. She 25 stated that the noise ordinance was recently changed to completely exempt race tracks from its requirements and that this was improper. She expressed her concern about the noise and traffic that a future racetrack would bring to the neighborhood. Finally, she noted that the next step would be to try to change the zoning again to allow the track. Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium p.2 Findings,Conclusions and Decision • Rod Powell responded to the citizens comments, stating that the common 1 sense interpretation of the Mason. County Code provision relating to the 2 release of the moratorium where the application is "consistent with the county plan and development regulations," should be read to mean that a person can 3 apply for a rezone. There is an expectation that property owners can utilize this code section. He also noted that they still have to complete the feasibility 4 work and that they won't be able to move forward absent approval of the rezone. He testified that the property was forested until 2004 and that the 5 property has been reforested and that the Mazama gophers only inhabited the 6 property because the logging had resulted in prairie like conditions. Once the trees reforest the site, they will likely migrate away from the site. With 7 approval of the project, they will provide quality gopher habitat that can serve as a future "mitigation bank" for other properties. 8 9 EXHIBITS 10 The record in this matter consists of the testimony of witnesses and exhibits consisting of Exhibits A through P. All Exhibits were entered into evidence in this 11 matter as part of the record. 12 1 FINDINGS OF FACT 13 1. Applicant. The applicant is Joel Manke on behalf of Manke Timber Company of 14 826 Fairmount Avenue, Shelton, WA 98584. The introductory paragraphs set forth above are incorporated herein as if set forth in full. 15 2. Site/Proposal Description. The applicant requests the release of a forest practices 16 moratorium on the subject property, which consists of two adjacent parcels equaling 17 132 acres in size. The two parcels include an undeveloped 39.6 acre site and a 91.45 acre site. Douglas fir trees on the subject property were logged under a forest 18 practices permit in 2006 (DNR Permit No. 2409811). The site was re-forested according to DNR's regulations. DNR reviewed those parcels and sent a memo to the 19 County on July 2, 1010, stating that Manke Timber Company has met all of its forest practices requirements under the permit. (Exhibit F and G) A six-year moratorium on 20 development activities was imposed on the subject property on May 24, 2004 and has 21 been renewed twice since that time. The moratorium is a normal condition of a Class III forest practice and is set to expire on May 15, 2014. 22 The release of the forest practices moratorium is requested for the purpose of 23 allowing the Manke Timber Company to pursue a rezone from RR-20 to Rural Tourist Campground from Mason County for the development of a motorsport racing 24 facility on the subject property. They intend to transfer ownership of the site to Ridge 25 Motorsports LLC. (Exhibit 1) A rezone must be approved by the County Commissioners Council prior to the further consideration of the site for development as a racing facility. The release of a moratorium was sought after the applicant sought to apply for a rezone, but was told that a rezone would not be considered while a forest practices moratorium was still pending on the subject property. (Exhibit 1) Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium p.3 Findings,Conclusions and Decision 3. Characteristics of the Area. The area is characterized as forest land and rural 1 properties with low density residential and commercial forestry uses. A County solid 2 waste transfer station is located across Eelss Hill Road. The property is zoned Rural Residential-20. 3 4. SEPA Review. Pursuant to Title 8 MCC (Environmental Policies) a 4 Determination of Nonsignificance (DNS) was issued on July 14, 2010 for the purpose of considering the release of the forest practices moratorium. No SEPA appeal was 5 filed. (Exhibit H) The Staff s review of the site found that it is generally flat with a 6 bench and slope of 44%. There were no critical areas on the site besides the steep slope. A review of the site under the County's critical areas regulations, geotechnical 7 review and stormwater and erosion control plan revealed no instability issues and found that the proposal met the County's requirements. (Exhibit 1-Staff Report; 8 Exhibit H). During the comment period, WDFW notified the County of the existence of the Mazama Pocket Gophers on the site. Although the gophers are not listed under 9 the Federal Endangered Species Act, they are listed as a priority species by the 10 WDFW (as "threatened" due to habitat loss). In response, the applicant has hired a biologist and will propose a protection and habitat mitigation plan for the Mazama 11 Pocket Gophers. Additional SEPA review may be required for other permits, approvals or rezones where required by the County Code. 12 5. Development Regulations. In addition to complying with the requirements of 13 SEPA, the application is subject to the provisions of RCW 76.09.040 (Forest 14 Practices Act), MCC 15.09.050(c) (Type III decision criteria) and MCC 11.04.130 (Moratorium Release criteria). Michael MacSems has analyzed each applicable 15 County regulation as described in the Staff Report (Exhibit 1 at pp. 2-4). The Examiner finds that the staff analysis correctly evaluates the proposed application 16 against the criteria set forth in MCC 11.04.140. (Exhibits 2-14) The Staff Report 17 (Exhibit 1) is therefore adopted by the Examiner and incorporated herein by this reference as if set forth in full. The Examiner independently reviews the application's 18 compliance with the Forest Practices Act and the Type III criteria below. 19 CONCLUSIONS OF LAW 20 1. Procedural: 21 A. The Hearing Examiner is authorized to review this application for the release of a 22 forest practices moratorium pursuant to MCC 11.04.130 and MCC 15.03.050. 23 B. Notice of the application was properly given under the Mason County Code. 24 C. The requirements of SEPA, including public notice and an opportunity to comment 25 have been met in this case. No appeal was filed. D. The Hearing Examiner concludes that the consideration of the release of the moratorium is a condition-precedent to a landowner's ability to apply for a rezone pursuant to MCC 17.05.080. Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium p.4 Findings,Conclusions and Decision 2. Substantive: 1 2 A. Compliance with the Type III Review Criteria (MCC 15.09.050 (c)): In reviewing the present Type III permit application, the Hearing Examiner 3 concludes: 4 (1) The development does not conflict with the comprehensive plan and 5 meets the requirements and intent of the Mason County Code, especially Titles 6 6, 8, and 16. The lifting of the forest practices moratorium is consistent with the Comprehensive Plan. As noted during public testimony, the economic development 7 policies of the Plan encourage the increase of tourism-related activities, which the lifting of the moratorium would enable the County to consider on the subject 8 property. The Economic Element of the Comprehensive Plan states: 9 The county's rustic beauty and abundance of open space can promote 10 economic development. The county can capitalize on the rural character, abundant natural beauty in the surroundings, and proximity to shorelines and 11 the Olympics to expand tourism and recreational opportunities. Existing cottage industries make a significant contribution to the local economy, and 12 the county must continue to support these business activities and facilitate 13 expansion and new development when consistent with the predominant rural character. A proper definition of Mason County's rural character must 14 include that the County's rural areas have in the past and continue today to provide vital business sites for small businesses to spawn and grow. The 15 county must maintain policies which foster and sustain these small business 16 opportunities. 17 The Plan further provides: 18 Accommodating business start-ups and expanding existing industries located in the rural areas could be very important to the long-term economic 19 health of Mason County. It is estimated that 55-60% of Mason County 20 businesses with employees are located outside the UGA's. A key to luring new industries to the county's many underutilized and vacant commercial 21 and industrial sites would be improving and expanding existing water, sewer, stormwater, and transportation systems. Other methods to attract 22 industry to Mason County could include: (1) establishing and maintaining an inventory of commercial and industrial designated lands to help 23 determine if adequate industrial and commercial lands exist to meet current 24 and future needs; (2) coordinating resources to construct the necessary infrastructure making industrial and commercial sites "building ready"; (3) 25 developing tools that assist industry in evaluating the potential for development and expansion of specific sites; (4) seeking ways to allow industrial businesses too large for available urban sites to locate in rural areas; (5) reviewing the zoning regulations and building permit processes to make permitting commercial and industrial developments more predictable, Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium p.5 Findings,Conclusions and Decision i efficient, effective and timely; (6) re-evaluating county policies on business 1 development and expansion in the county's rural areas, and; (7) creating 2 incentives for attracting start-ups and assisting existing firms with expansion and/or the relocation efforts. 3 See, Page X.10 Mason County Comprehensive Plan — 2005 Update Economic 4 Development Element. The policies adopted in the Plan that weigh in favor of lifting the moratorium for purposes of considering a rezone include the following: 5 6 1.1 Recognize that environmental quality and economic development are complementary objectives that should be achieved simultaneously. 7 1.2 Support business activities in the rural areas and facilitate expansion and new development when consistent with the predominant rural character and state 8 law. Policies: 9 17.1. Actively support tourism (include agritourism and ecotourism), recreation, 10 cultural heritage, and social activities as a significant element in expanding employment opportunities. 11 17.2. Support established and promote community events that expand year-round tourism (i.e. Mason County Fair and NPRA Rodeo, Oysterfest, festivals, 12 exhibitions, rallies) 17.3. Investigate the feasibility of establishing and maintaining informational 13 kiosks, maps, and directional signs identifying the location of prominent historic, 14 cultural, recreational, and environmental amenities. 17.4. Ensure tourism and tourism-related activities do not adversely impact 15 Mason County's environmental quality. 16 Id. Without the lifting of the moratorium, any further consideration of the rezone and 17 development proposal for a racetrack would be stymied for an additional four years. The proposal may no longer be economically viable at that time. As such, the 18 Examiner concludes that the County's own policies support a decision that would 19 provide the County Commissioners with the opportunity to at least consider the rezone and related development proposal that will be developed for it. The release of 20 the moratorium is consistent with the County's Comprehensive Plan in this case. 21 Additionally, the Examiner concludes that the provisions of Titles 6 (Sanitary Code), 22 and 16 (Plats and Subdivisions) do not apply to the proposal to release the forest practices moratorium. The Examiner concludes that the applicant has met the 23 requirements of Title 6 MCC (SEPA). 24 (2) The development does not impact the public health, safety and welfare and is in the public interest. Based on a review of the entire record, the Examiner 25 concludes that the project has no significant adverse impacts, and there is no impact to the public health, safety and welfare. (Exhibit 1) The property as it exists today has only steep slopes, which show no erosion or landslide hazards. No other critical areas are present, although habitat for a State priority species (the Mazama pocket gopher) was determined to exist by WDFW. The lifting of the 6-year forest practices Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium p.6 Findings,Conclusions and Decision moratorium does not impact the public health, safety and welfare, and is in the public 1 interests to allow further consideration of a rezone by the County. 2 (3) The development does not lower the level of service of transportation 3 and/or neighborhood park facilities below the minimum standards established within the comprehensive plan. If the development results in a level of service 4 lower than those set forth in the comprehensive plan, the development may be approved if improvements or strategies to raise the level of service above the 5 minimum standard are made concurrent with the development. Based on a 6Z review of the entire record, the Examiner concludes that there are no transportation impacts from the act of releasing the 6-year forest practices moratorium on the 7 subject property for the purpose of applying for a rezone. The precise question before the Examiner is a narrow one: release of the moratorium. The approval of this act 8 alone will not substantially impact surrounding properties or cause a decrease in level of service on County roads. The procedures for considering a rezone and further 9 development reviews will provide a public forum during which the County can 10 consider the impact of future development proposals on the level of service for transportation and park facilities in the area. (Exhibit 1) At this stage of the 11 development process, the Examiner finds that no such impacts can be found from the record, and would merely be the result of speculation, given that a rezone approval 12 must be secured before a specific development proposal can be submitted for consideration. 13 14 B. Compliance with Forest Practices Act (RCW 76.09.040). The Hearing Examiner concludes that the County has met the requirements of RCW 76.09.470: (1) 15 The County notified DNR of the request to release the moratorium in this matter. (2) The applicant has met the requirements of SEPA. (3) DNR has notified the County 16 that the applicant has fully complied with the forest practices permit. (4) The County 17 Community Development Department has determined that the condition of the land on which the forest practice occurred is in compliance with the County's local 18 ordinances and regulations. 19 C. Compliance with MCC 11.04.140(c) (Standards required to remove the moratorium): 20 21 (1) The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practices applications. 22 Substantial evidence in the record reveals that the Manke Timber Company did not engage in a forest practice with the intent to convert the property to a non- 23 forestry use at the time it sought a forest practices permit from DNR. The Hearing Examiner concludes that it was after the completion of the forest practice 24 activities and the reforestation of the subject property that the landowner was 25 approached by Ridge Motorsports LLC to consider selling the property for the development of a racetrack. Accordingly, the Manke Timber Company did not attempt to avoid the County's forest practices regulations. (Staff Report, Exhibits F and G) I Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium p. 7 Findings,Conclusions and Decision i (2) The harvest and reforestation of the property shall be completed as 1 specified in the approved forest practices application/notice. The Examiner 2 concludes that this requirement has been met. The evidence in the record shows that DNR has confirmed that the subject property has been harvested and 3 reforested and all activities have been completed as required in the forest practices permit. (Exhibits F and G) 4 5 (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 6 with restoration. The Staff performed a site visit and concluded that there is no damage to any critical area on the site. Additionally, the applicant is proposing to 7 prepare a protection and habitat mitigation plan for Mazama pocket gophers 8 which have migrated onto the site. The Examiner concludes that this requirement has been met and the applicant intends to exceed the County's Code requirements. 9 (4) The proposed development shall be consistent with the county plan and 10 development regulations. The main question presented here is whether the 11 release of a 6-year forest practices moratorium can be consistent with the County's Plan and development regulations, where the purpose of the request is to 12 consider a rezone to a zoning classification that would allow the development of a racetrack on the site, which is not currently allowed under the RR-20 zone. 13 14 As noted in Section 2(A)(1) above, the Examiner has already concluded that the lifting of the forest practices moratorium to allow the County Commissioners to 15 consider a rezone for the potential development of a racetrack is consistent with the Comprehensive Plan. 16 17 The question is whether the desire to seek a rezone can be said to be consistent with the County's development regulations, where the proposal necessarily seeks 18 to change the regulations that currently govern use of the site. The Examiner concludes that the request is consistent because the Mason County Code. This 19 conclusion is based on several facts. 20 First, the County Code clearly allows the filing of an application for a rezone 21 pursuant to MCC 17.05.080 at any time, by any landowner. A review of Title 17 22 MCC shows that there are no conditions or limitations attached to the act of seeking a rezone. No procedures are listed for seeking a rezone in that Title, 23 however, the criteria that must be met for approval of a rezone are rigorous. (See MCC 17.05.080(A)(1)-(8)). Accordingly, the Examiner concludes that the release 24 of the moratorium for the purposes of allowing the landowner to pursue a rezone is consistent with the regulations in the County Code. 25 Second, Washington courts have found that the procedures around the imposition and removal of forest practices moratoria implicate the due process clause of the Constitution (because a person's property rights are at issue). Berst v. Snohomish County, 114 Wn. App. 245 (2002). The Examiner concludes that the preclusion Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium P.8 Findings,Conclusions and Decision of the landowner's right to seek a rezone in this instance could implicate I procedural due process concerns. Here, the applicant's attempt to seek a rezone 2 was stopped by the County because the forest practices moratorium is still in effect. To deny the release of a forest practices moratorium because the 3 landowner needs to seek a rezone prior to seeking further development approvals puts the landowner and the County into a "Catch-22" situation. The Hearing 4 Examiner will not construe the County's regulations to require the performance of a meaningless act—that is to require the applicant to seek removal of a 5 moratorium that cannot be removed. Instead, the Examiner concludes that phrase 6 set forth in MCC 11.04.140(c)(4) that the proposed development shall be consistent with the county plan and development regulations, means that the 7 moratorium may be released for the purpose of allowing the County Commissioners to consider the applicant's request for a rezone. 8 9 Third, the Examiner further concludes that the release of the moratorium should not be limited only for purposes of the consideration of the rezone, but should be 10 a complete release. The Applicant has met all of the conditions of removal of the moratorium and the facts in this case show that it no longer serves the purpose 11 intended by the Legislature, that is, to deter forest landowners from circumventing 12 proper land use reviews and regulations imposed by local governments on conversion to non-forestry uses. Here, if the rezone request succeeds, then the 13 future racetrack application must be consistent with the new zoning for it to be considered. If the rezone request fails, any new development application will be 14 required to meet the limitations of the RR-20 zone found in MCC 17.04.240. In sum, the Examiner concludes that the release of the moratorium for the 15 consideration of a rezone and potential future development is consistent with the 16 County's development regulations. 17 (5) Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. Other mitigation shall be required to prevent significant adverse 18 environmental impacts, pursuant to county Ordinance No. 55-97, the 19 Environmental Policy Ordinance. The Applicant has met the requirements of SEPA. Mitigation to protect the Mazama Pocket Gopher may be required for the 20 completion of additional development on the site. However, it is not required as a condition of releasing the 6-year development moratorium. No impacts to 21 critical areas were found as a result of the proposed release of the moratorium. 22 DECISION 23 Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing 24 Examiner approves the request to release the 6-year development moratorium on the subject properties (Tax Parcel Nos. 42004-24-00000 and 42004-10-00000). 25 Millie M. Judge Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium P.9 Findings,Conclusions and Decision Hearing Examiner Pro Tem 1 2 APPEAL OF FINAL DECISION 3 The foregoing decision is a final land use decision subject to appeal in Superior Court 4 under the Land Use Petition Act(LUPA) Ch. 36.70C RCW within 21 days of the date of this decision. If you have any questions about the laws or procedures applicable to 5 filing a LUPA appeal, please consult with your attorney. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Manke Timber Company-VAR 2010-00005 Release of Forest Practices Moratorium P. 10 Findings,Conclusions and Decision STAFF REPORT August 10, 2010 TO: Mason County Hearings Examiner FROM: Mason County Department of Community Development STAFF: Michael MacSems, Subdivision& Forest Practices Planner RE: Removal of Six-year Development Moratorium (VAR2010-00005) SUBJECT: Removal of 6-year forest practices moratorium from two parcels totaling 131-acres of land. Pursuant to Mason County Ordinance 108-98, section 11.04.420. INTRODUCTION This report presents an evaluation and a recommendation for the removal of a 6-year development moratorium request. I recommend approval of this release from moratorium. APPLICANT Manke Timber Company 826 Fairmount Ave Shelton, WA 98584 PROPERTY LOCATION Portion of N '/2, of Section 4, Township 20 North, Range 4 West, and WM. Tax#: 42004-24-00000 & 42004-10-00000 AREA DESCRIPTION This project is located in a portion of Mason County zoned Rural Residential 20 on W Eells Hill Road. The land use in the vicinity is low density residential and timber. A County solid waste transfer station is located across Eells Hill Road. PROJECT DESCRIPTION On May 27, 2004, a six-year development moratorium was placed on the logged portions of the subject properties as a normal condition of a Class III Forest Practices Application (FPA#2409811). The FPA was renewed in 2006 and again in 2008, each time extending the end date of the development moratorium, which is now scheduled to expire on May 16, 2014. The logging that occurred on these parcels was a full-scale commercial harvest, with most of the acreage being clear cut. . The owners now wish to transfer the property to Ridge Motorsports LLC who hope to have the property rezoned to accommodate a IICLUSTER HOME SERVERWOMEIMMYMy DocumentslSR Hearings Ex FPA Release Manke.docmms 1 racetrack. The property can not be rezoned prior to the expiration or early release of the development moratorium. SITE CONDITIONS Environmentally,the site is mostly flat with well-drained soils, however the northern portion of the site is on a bench elevated about 42 feet higher in elevation than the lower portion. Slopes area s steep as 44%. 1 walked the site extensively and was unable to identify any critical areas other than the steep slope. On the steep slopes I could not find any evidence of slope instability or erosion. Since issuing my SEPA DNS, I have learned from the Washington State Department of Fish& Wildlife that the site contains a colony of Mazama Pocket Gophers (Thomomys). Mazama Pocket Gophers are listed as a Priority Species under the WDFW Priority Habitat Species program. The existence of this colony will have to be addressed in any future development plans, but it is beyond the scope the retroactive logging review of this report. EVALUATION The Mason County Forest Practices Moratorium Ordinance (#108-98) establishes a set of rules for either removing or waiving the standard six-year development moratoriums that have accompanied all Class III FPA permits since 1997. These moratoriums prohibit any development of subject property other than forestry related use. Standards for Approval: 1. The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practices application. 2. The harvest and reforestation of the property shall be completed as specified in the approved forest practice 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's 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 county Ordinance #55-97, the Environmental Policy Ordinance. Approval of this application is deemed to be in the public interests once positive findings have been made concerning all of the above conditions. Findings are as follows: IICLUSTER HOME SERVERIHOMEIMMSIMy DocumentsM Hearings Ex FPA Release Manke.docmms 2 1. This property has been owned and managed by the Manke Timber Company for many years as commercial forestland. At time of their original FPA application in 2004, they could not have known that they would be approached several years later to sell the property to a group interested in the conversion of the property to non-forestry use. Staff does not believe that Manke Timber sought to avoid a Class IV General FPA. 2. The DNR has been contacted and provided a comment that the conditions of FPA 2409811 have been met(Exhibit "F"). 3. The steepest slopes on this property are about 44% and some of the slope was logged. An after-the-fact geotechnical report was prepared for this site by Michael Staten P.E. of Envirotech Engineering (Exhibit K (submittal checklist)). The Report was reviewed by Michael MacSems of the Mason County Planning Department who also approved the engineer's submittal checklist as complete. 4. As currently zoned,the site is not suitable for a race track, but the property owner does have the right to pursue a rezone of this property to something that would allow for a race track development, consistent with the Mason County Comprehensive Plan and Development Regulations. 5. A stormwater plan consistent with the 1992 WSDOE Manual was prepared by Michael Staten and the accompanying checklist was approved by Michael MacSems as complete (Exhibit L). No mitigation will be required for this application per the Mason County Resource Ordinance because there is no damage to mitigate. TITLE 15 COMPLIANCE As a Type III Review,this application is consistent with section 15.09.050.0 of Mason County Title 15. PUBLIC COMMENTS A SEPA Determination of Non-significance was issued on July 14, 2010. The SEPA comment period closed on July 28th. One comment was received, which was from the Washington State Department of Fish & Wildlife concerning the presence of Mazama Pocket Gophers (Exhibit J). The public was given an opportunity to comment to the SEPA review and will be given another opportunity to comment through a public notice of this hearing (see Exhibit E). CONCLUSIONS The approval of this application for release from moratorium is consistent with the criteria necessary for release from moratorium. In addition the Department of Community IICLUSTER HOME SERVERIHOMEIMMSIMy DocumentslSR Hearings Ex FPA Release Manke.docmms 3 Development has reviewed the materials made available tll us and finds that this proposal is in keeping with the goals of the Mason County Comprehensive Plan. CHOICES OF ACTION 1. Grant approval of request for moratorium removal. 2. Deny request for moratorium removal. 3. Grant conditional approval of request for moratorium 101 moval. 4. Postpone the decision for further information. 7 /Z 9 //p Michael MacSems Date EXHIBITS Exhibit A: Application for Moratorium Release Exhibit B: Ariel Photo of Site Exhibit C: Site Photos Exhibit D: Notice of Application Exhibit E: Notice of Public Hearing(includes list of recipients) Exhibit F: Release from DNR dated 6/30/10 Exhibit G: FPA 2409811 (Includes Notice of Moratorium) Exhibit H: SEPA Determination of Non Significance w/c ecklist Exhibit J: SEPA comments Exhibit K: Submittal Checklist for Geotechnical Report by Michael Staten Exhibit L: Mason County Stormwater Checklist for 1992 Manual by Michael Staten � I XLUSTER HOME_SERVERIHOMEIMMSIMy DocumentssR Hearings Ex FPA Release Manke.docmms 4 �) 4 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, Are you requesting a Waiver or a Release from the Moratorium? ❑Waiver ,Release , Applicant's Name: MANKE TIMBER COMPANY, INC. c/o William Lynn Applicant's Address: cordon Thomas Honeywell LLP P.O. Box Tacoma, Operator's Address: 826 Fairmount Avenue Shelton, WA 98584 Parcel number of effected Parcel: 4200 _ 4240 - 0000 4200 4100 0000 Parcel size in acres: 39.6() acres 91.45 acres Identify what type of timber was removed, ie: Douglas Fir,Westorn Red Cedar,Alder, Male, etc: Douglas Fir Was the timber harvest done under an approved forest practice application: ff Yes o No Was there an enforcement action taken by the Department of Natural Resources(DNR): 11 Yes 0 No Forest Practice Application Number: # 2409811 Forest Practice Application Date of Approval: 5-28-2006 What is your intention to do with the effected parcel: To seek a special use permit for development of a recreational race track. Are there any critical areas on your site? ie: wetlands, streams, creeks, steep slopes, etc..: Yes 0 No Identify the type Critical area/s: Limited areas of steep slopes Please list conditions of approvals by DNR for your forest practice application: No conditions Were any of the buffer areas effected by the timber harvest? ❑ Yes 1�No Identify if you harvested anylimber in the critical areas on your site: ❑ Yes cfNo Did you replant per DNR standards: CfYes a No (2.0 Douglas Fir) 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 am familiar with the requirements of the Forest Practices Act, RCW 76.09 and the forest practices rules, WAC Title 222. I am specifically familiar with RCW 76.09.060(3) and its effects. 2)I certify and declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed this day of19 /mat / (City) (State) STATE OF WASHINGTON) ) SS COUNTY OF MASON ) D On this day of 4-99--�j, before me, the undersigned, a Notary Public in and for the State of W7ashi gton, duly commissioned and sworn, personally appeared is �— to me known to be the individo described in and who cuted the within and foregoing instrument, a/n4 acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN`u�r aggiX hand and official seal this 7 day of � 19 z-OTARI, = NOTARY PUBLIC in And for the State APR 30, 2011 of Washington residing at T Oc 0 ' - � •i•• e,,} �w �4, � 1 1 1 1 1 c S`'f'�tS �.fy Cx"h'' .}P�*y'T �P � .t, y��{� 'y t .. �>,. i t 44 �?�''�lT Fy� ` ! 4 .9�• , � bf'9' .tC;� r;J,,, Y ,�'. # F �,tv � ,�' ,Y}�1r�jiY Y.''- y�,. 'tik�r,�pi -^ Ryi, e �n`�}q� .��� y'. r ..', ' ii`d•'. �! {�5 r a .�•` ,,, ';� 'e. '���'-- ,�'c. '�'I�� f yt�t ��,. � �,�,: m� s � ��•s��`e*t,'�g ,.'�'' °',,�. 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L. �a s s�, v •tie� �. �+�-,r< +r 7.. i r , m (� x � 0,10 zir V z „ M K ' !r-e_ r } .-n �r _ y b s vi skM w} - , x k A �x \ D ps ��� °p MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 1854 NOTICE OF APPLICATION FOREST PRACTICES SIX-YEAR MORATORIUM RELEASE June 28,2010 This is a Notice of Application as required by the Mason County Development Code 15.07.010.Notice to be posted on site and mailed to all property owners of record within 300 feet of subject property. Applicant Name: Manke Timber Company Date of Application: May 18,2010(not complete) Date of Finding of Completeness: June 28,2010 Parcel Number(s): 42004-24-00000,42004-10-00000 Case Number(s): VAR2010-00005&SEP2010-(number pending) Location of Project: Portion of N'/2, Sec 4,TWP 20 N,Range 4 W. W.M. Description of Project: The owner of this 132-acre property has applied for a release from a six-year development moratorium,which was incurred as a normal condition of a Class III Forest Practices Application. The Moratorium became effective on 5/27/04 and has been renewed twice since then.The procedure for the Release from Moratorium is per Mason County Ordinance MCC 11.04.400.The moratorium would other wise expire on 5/16/14. Approvals,Actions and Required Studies: A hearing will be held(date TBA,separate notice will be sent),to consi er this request will be held before the Mason County Hearings Examiner in the Mason County Commissioners Chambers(411 N 5"'Ave,Shelton).This projec is also subject to SEPA review with final approval i by the Director of the Maso County Department of Community Development. Public Comment Period: Comments can be directed to the Staff member listed below. Existing Environmental Documents: SEPA Checklist,Geo-Technical Checklist, Stormwater,Drainage,Erosion Control and Pollution Prevention Plan. County Staff Contact: Michael MacSems,360-427-9670 ext 571 or mms@co.mason.wa.us Date,Time&Place of Scheduled Public Meeting: TBA(separate Notice of Hearing to follow). Timeline for Final Action: Final action shall follow within (the standard) 120 days from date of a Finding of Completeness(plus stays—clock stops—for preparation and review of any required studies). //C Signed By: Date: _ I 421333100000 421334200000 421334000000 421343200000 r 421333400010 i T21 NR4W 421334300000 I 421343300000 421333400000 420040000000 420041000000 - 4200300(0000 i 420042400000 420041400000 \ 4200400�_ 420042400000-- 010 .-_. 420040060010-- -"-_---- W EELLS HILL T20NR4W - r-" - --4200300(0000_= 1 � ��(Z 2� Ic) C) cc0 � 4200300 0000 I 420044060000 I 42003006 000 / ! 420030000000 420040060010 420040000000 420044000010 420044000000 A6oN coal MASON COUNTY � Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 185f NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Hearings Examiner will hold a public hearing in the Commissioner's Chambers in the Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington on Tuesday, August 10, 2010 at 1:00 P.M. The PUBLIC HEARING will be to consider the application (VAR2010-00005)by Manke Timber Company to remove a six-year development moratorium from a group of parcels totaling 131+ acres (parcel numbers 42004-10-00000 & 42004-24-00000). The property was logged by Manke Timber under a Department of Natural Resources administered Class III forest practices permit#2409811, issued in 2004 and renewed in 2006 and 2008. Manke Timber now wishes to turn the property over to another party to develop for non-forestry uses. To do this, it is first necessary to remove the six-year development moratorium from the property. The moratorium would otherwise expire on May 16, 2014. A development moratorium is a normal byproduct of a Class III Forest Practice. The property is accessed from W Eells Hill Road, near Shelton, in Section 4, Township 20N., Range 4W., WM. The Mason County Hearings Examiner will render a decision within ten working days of the hearing. For further details please contact Subdivision/FPA Planner Michael MacSems at extension 571. Written comments may be submitted to the Hearings Examiner in care the Planning Department up to 5:00 P.M. August 9th. If special accommodations are needed,contact the Mason County Commissioners'office at 427-9670, ext. 419 Mason County Journal,run two(2)times. July 29 and August 5 HALDANE JOHNSON OLYMPIC MOUNTAIN LLC OLYMPIC MOUNTAIN EVERGREEN LLC 2933 W SKOKOMISH VALLEY ROAD 2933 W SKOKOMISH VALLEY ROAD SHELTON WA 98584 SHELTON WA 98584 HUNTER FAMILY FARM GREEN DIAMOND RESOURCE CO 1870 W SKOKOMISH VALLEY ROAD PO BOX 9001 SHELTON WA 98584 SHELTON WA 98584 MANKE TIMBER CO RICK BRUSH C/O WILLIAM LYNN MASON COUNTY PUBLIC WORKS GORDON THOMAS HONEYWELL LLP 100 W PUBLIC WORKS DRIVE PO BOX 1157 SHELTON WA 98584 TACOMA WA 98401 GAnl�j� JOEL MANKE MANKE TIMBER CO RIDGE MOTORSPORTS GROUP 826 FAIRMOUNT AVE 7648 SHORE ACRES DRIVE SHELTON WA 98584 OLYMPIA WA 98584 FPA 2409811 Page 1 of 1 Michael MacSems - FPA 2409811 From: "COX, LAURIE (DNR)" <LAURIE.COX@dnnwa.gov> To: "Michael MacSems" <Mms(c�co.mason.wa.us> Date: 7/2/2010 12:41 PM Subject: FPA 2409811 Hi Michael, As requested, I have field reviewed parcels 42004-10-00000 and 42004-24-00000 which were part of forest practice application 2409811. Manke Lumber Company has met all the forest practice requirements set forth by the Department of Natural Resources. Laurie Cox Laurie Cox Forest Practice Forester South Puget Sound Region Washington State Department of Natural Resources (360) 490-0020 laurie.cox(@dnr.wa.gov www.dnr.wa.gov file://C:\Documents and Settings\Mms\Local Settings\Temp\XPgrpwise\4C2DDE77Mason... 7/6/2010 ` • IPA wA5H1NGTON STATE DEPARTMENToi` FPA/N#; ,;L`f 0 7 Natural Resources DATE RCVD: q ZA Sd o q Forest Practices Application/Notification REGION: s5P! Office Checklist & Summary Review Comments Due: C Landowner: Cr, Decision Due Date: Jr 7��tr Timber Owner: -ct,m-e Shutdown Zone: �PS�f Operator: ^u.n Ke, -e r Co Zh c RMS Payment#: RMAP#: 1 J O 0 i 1 Initial: C"9— FP Forester(Position)#: .530,�L-- Class of Application [] Class II T, Class III 14 AS45 [] Class IV-G 30/45([]Conv and/or[]Plat[]UGA) [] Class IV-S 30/45 [] Multiyear Permit([]3 or[]4 or[]5) Type of Activity Chem(ac)`_,____1 Harvest(ac)[ I(si01 Rd(ft)f l Temp Rd(ft) Aband(ft)[ , Rd Maint(ft)f EARR Tax Credit T1t) [] RMAp [] Forest Practices Rules([]RMZ/[]Wetlands J[]Unstable) [] HCP Q I RMZ/[]Wetlands/[]Unstable) [] Watershed Analysis([]Wetlands/[]Unstable) Geoeraphic Information WRIA[Ke n 44 Gold WAU f M eLA0tl ],[ 1 ' � 1 [] Watershed Analysis Comments: 12- -2W," 1 of? 2409811 Office Checklist& Summary(continued) Office Review FPA Review ❑ Rain-On-Snow and outside approved WA ❑ Saltwater Islands ❑ 303(d)stream segment ❑ Within city limits ❑ Hydric soils ❑ Within a public park ❑ Highly erodible soils ❑ Within 500 ft of public park �{ Unstable Slopes(SLPSTAB) ❑ Platted after January 1, 1960 �`� ❑ Unstable soils ❑ Landowner Intends to Convert within 3 years ❑ Very„notable soils ❑ FREP requested ❑ Forested wetland ), Marbled Murrelet Section Completed ❑ Type A wetland ❑ Aerial Chemical app(attach spray matrix) ❑ Type B wetland ❑ Shorelines Permit(200 feet of OHWM or Flood Way) ❑ pHS ❑ Water Protocol Surveys ❑ Heritage Location ❑ Within 30 feet of a Type 4(Np)and/or Type 5(Ns) D Other (list species) ❑ Within 200' of RMZJCMZ of Type 1-4 water(West) ❑ SASSI ❑ Within 130'of RMZ/CMZ of Type 1-4 water(East) ❑ Hatchery ❑ Within 200 feet of Wetlands ❑ Historic site ❑ RMZ for 20-acre SLO Exempt ❑ Cultural site Timber harvest or salvage ❑ Archaeological site ❑ Units greater than 120 acres ❑ Spotted owl ❑ Equipment on slopes>40% ❑ In SOSEA([]Habitat or [ ]Not Habitat) ❑ Potentially unstable slopes or landforms SOSEA ID:[ ],[-a ❑ Roads(constructed/abandoned or rock pit) ❑ Outside SOSEA([]In Best 70 or[]Not Best 70) ❑ Road construction on slopes>65% ❑ Bald eagle ❑ Potentially unstable slopes or landforms ❑ Watershed Analysis Prescriptions ❑ Marbled murrelet([]Occupied or[]Detection area) ❑ Mountain caribou Plan Review ❑ Sandhill crane ❑ Alternate Plan ❑ Gray wolf ❑ Bald Eagle Management Plan ❑ OR silverspot butterfly ❑ Columbia River Gorge National Scenic Area Plan ❑ Grizzly bear ❑ Peregrine falcon ❑ Conversion Option Harvest Plan(COHP) ❑ Western pond turtle ❑ Cooperative Habitat Enhancement Agreement(CHEA) ❑ Other: ❑ Habitat Conservation Plan(HCP) ❑ Landowner Landscape Plan(LLP) ❑ Landowner Option Plan for Northern Spotted Owl(LOP) ❑ Other Wildlife Plan ❑ Regeneration Plan Road Maintenance and Abandonment Plan(RMAP) ❑ Ten-year Forest Plan ❑ Wetland Mitigation Plan 2 of 2 12-23-2002 ILI� FOR INTERNAL USE ONLY WASHINGTON STATE DEPARTMENTOF Natural Resources FPA/N#: 2409811 DATE RCVD: Forest Practices Application/Notification REGION: SWAN ESTATE (GARBAGE DUMP) REFER TO THE INSTRUCTIONS TO ASSIST IN THE COMPLETION OF THIS FORM.TYPE OR PRINT IN PERMANENT INK. 1) Full legal name of Landowner 2) Full legal name of Timber Owner 3) Full legal name of Operator MANKE TIMBER CO. INC. MANKE TIMBER CO. INC. MANKE LUMBER CO. INC. Business DALE HALL Business DALE HALL Business MATT MANKE Contact: Contact: Contact: Mailing Address Mailing Address Mailing Address 826 FAIRMONT AVENUE 826 FAIRMONT AVENUE 826 FAIRMONT AVENUE City,State or Province,Country,and Zip City,State or Province,Country,and Zip City,State or Province,Country,and Zip or Postal Code or Postal Code or Postal Code SHELTON, WASH. 98584 SHELTON, WASH. 98584 SHELTON, WASH. 98584 Phone(360 ) 426-5536 Phone( 360) 426-5536 Phone(360) 4 26-5536 E-Mail: E-Mail: E-Mail: 4) Is a perpetual timber owner submitting this FPA/N without a landowner signature? [ J Yes. See Instructions for required additional documents. XJ No. 5) If any timber will be harvested,enter the Forest Tax Reporting Account Number of the Timber Owner: 8 0 0-0 6 2-3 7 8. For tax reporting information or tax numbers call 1-800-548-8829. 6) Legal description and county of the forest practice activity. Sub-Division / '/4 Section Township Range E/W County -'CIE N€A1,C f(,j6 IV, 4 20N 04 W MASON 5� NIA/ 7) We affirm that the information contained herein is true,and understand that this proposed Forest Practice is subject to the current rules and regulations of the forest practices act,as well as any applicable federal,state or local rules and regulations. Compliance with this application/notification does not ensure compliance with the Endangered Species Act,or other federal,state,or local laws. Signature of Land per: . S f T ber.i iO ' Signature of Operator: 4-21-2004 4-21-2004 ate: 4-21-?.0 0 4 Date: Date: Print Landowner name: Print Timber Owner name: Print Operator name: DALE HALL, MANKE TBR CO DALE HALL, MANKE TBR CO MATT MANKE, MANKE LBR CO ti kf�dVE13 Cover Page Form QQ46(10-31-03) APR 2 2004 D .Y IN-Spa a Forest Practices Application/Notification 2409811 General Questions COMPLETE ALL QUESTIONS AND COMPLETE APPROPRIATE SECTIONS INDICATED BY ANY OF THE FOLLOWING QUESTIONS ANSWERED WITH A"YES" 1) Is the forest practice activity within city limits? [ ]Yes. If Yes,name of city: eq No. 2) Is the forest practice activity within a public park? [ ]Yes. If Yes,name of park: [Q No. 3) Is the forest practice activity within 500 feet of a public park? [ ]Yes. If Yes,name of park: No. 4) Was land platted after January 1, 1960? [ ]Yes. If Yes,see instructions. IQ No. 5) Does the landowner intend to convert this land to a use that is incompatible with growing timber within 3 years? [ ]Yes. If Yes,see instructions. No. 6) Does landowner have an approved Conversion Option Harvest Plan(COHP)for the land where landowner intends to conduct a forest practice? [ ]Yes. If Yes,include a copy of the approved CORP. [®]No. 7) Is the landowner interested in the Forest Riparian Easement Program,a compensation program for small forest landowners harvesting timber near a stream,river,wetland,pond or lake? [ ]Yes. If Yes,see instructions. ]No. 8) Is the proposal within 50 miles of salt water and does the landowner own 500 acres or more of forest land? �]Yes. If Yes,complete the Marbled Murrelet Section or if landowner is applying an approved State and/or Federal Conservation Agreement attach prescriptions. [ ]No. 9) Does the forest practice involve aerial application of chemicals? [ ]Yes. If Yes,complete the Aerial Chemical Application Section. (W No. 10) Will there be any harvest or road construction within 200 feet of the ordinary high water mark or the floodway of a Type 1 water? [ ]Yes. If Yes,compliance with Shoreline Management Act Chapter 90.58 RCW is required. See instructions. [t]No. General Questions- 1 of 3 Form QQ46(10-31-03) Jx •N(_,, O't `9 2409811 11) Will there be any harvest activity,road activity or aerial chemical application within 200 feet of the Bank Full Width (BFW)or Channel Migration Zone(CMZ)of any water(river,stream,stream channel,wetland,pond or lake)? [ ]Yes. If Yes,continue. �]No. If No,go to Question#19. 12) Has there been a previous water type field verification,per the interim water type rules,verifying all Type 4,5 waters within the proposed forest practice area and within 200 feet of the area? [ ]Yes. if Yes,provide documentation for those streams(i.e.Protocol Survey or waiver). [ ]No. If No,identify and label correctly all waters on activity map(s)and complete Water Type Section. [ ]Both. If Both,provide documentation for those streams that have been verified and also complete the Water Type Section for the remaining streams. 13) Is the landowner claiming the 20-acre small landowner parcel riparian rule exemption? [ ]Yes. If Yes,complete Small Landowner Riparian Exemption Section and skip to Question#16 in this general question section. [ ]No. 14) Will there be any harvest within 30 feet of the BFW of a Type 4 or 5 water? [ ]Yes. If Yes,a 30-foot equipment limitation zone is required or if landowner is applying an approved State and/or Federal Conservation Agreement attach prescriptions. [ ]No. 15) Will there be any harvest within 200 feet in western Washington or 130 feet in eastern Washington of the BFW or CMZ, which ever is greater,of a Type 1,2,3,or 4 water? [ ]Yes. if Yes,complete Riparian Harvest Section or if landowner is applying an approved State and/or Federal Conservation Agreement attach prescriptions. [ ]No 16) Will there be any harvest or road construction within 200 feet of a wetland edge? [ ]Yes. If Yes,complete Wetland Section or if landowner is applying an approved State and/or Federal Conservation Agreement attach prescriptions. [ ]No. NOTE: Work within or over Type 1,2,or 3 water will require a Hydraulic Project Approval(HPA). Work within Type 4 or 5 water may require a HPA. Completion of Questions#17 and#18 will serve as your request for a HPA from the Washington Department of Fish and Wildlife(WDFW). If you have any questions concerning the HPA,call WDFW or visit their website at:http://www.wa.gov/wdfw/habitat.htm To expedite overall processing time for the HPA,applicant can complete drawings as specified in the FPA/N instructions listed for Questions#17 and#18. 17) Will there be any activity within or over Type 1,2 or 3 water? [ ]Yes. if Yes,see instructions and provide details in Question#23. [ ]No. 18) Will there be any activity within or over Type 4 or 5 water? [ ]Yes. If Yes,see instructions and provide details in Question#23. [ ]No. 19)Will cutting and/or removing timber(including road right-of-way)be done as part of this proposal? [�Yes. If Yes,complete Timber Section. [ ]No. General Questions-2 of 3 Forth QQ46(10-31-03) tX ..Gt_ "'L' C_� L� 240 98 11 20)Will roads be constructed,abandoned,have maintenance performed or will a rock pit be developed or expanded as part of this proposal? [ ]Yes. If Yes,complete Roads Section. [i1]No. 21)Is the landowner requesting a multi-year permit(longer than 2 years)? [ ]Yes. If Yes,see instructions. Attach detailed schedule or delineate in Question#23 below. What is the length requested? years(specify 3,4,or 5 years). [Q)No. 22)Is the landowner submitting an alternate plan? [ ]Yes. If Yes,include copy of plan. �]No. 23)Provide any details that will give a better understanding of your project. Attach additional paper if needed. ALL PROPERTY LINES ARE TO BE FLAGGED PRIOR TO HARVEST, ALL WRT' s AND GP.T' s ARE TO BE EVENLY DIST. THROUGH THE UNIT. ALL ROADS ARE IN AND ALL LANDINGS ARE FLAGGED ORANGE AND BLUE RIBBON. PROPERTY GATES ARE FLAGGED BLUE RIBBON. COUNTY ROAD ON SOUTH LINE IS HARVEST BOUNDARY. PLEASE SEE ENCLOSED ACTIVITY MAP FOR MORE DETAIL AND INFORMATION. General Questions-3 of 3 Form QQ46(10-31-03) 240981 , Forest Practices Application/Notification Addendum 1)If any of the following apply,this FPA/N is subject to Enhanced Aquatic Resource Requirement(EARR)and may be eligible for a forest excise tax credit(Department of Revenue calls it the Salmon Credit).Please check all that apply. A. In this FPA/N,the operator is limited by Forest Practices rule in?Lny of these areas: [ ] Riparian area(s);or [ ] Wetland(s); or [ ] Steep or unstable slope(s) B. In this FPA//NN,the landowner is following the prescriptions in a federally approved Habitat Conservation Plan(HCP)that limits timber harvest due to: [ ] Riparian area(s);or [ ]Wetland(s);or [ ] Steep or unstable slope(s) NOTE:'he HCP�es not need to be more restrictive than the FP rules—it just needs to limit harvest. C. In this FPA/N,the landowner has a DNR approved Watershed Analysis where the prescriptions limit harvest in: [ ]Riparian area(s);or [ ]Wetland(s);or [ ]Steep or unstable slope(s) Ex-1 N;6 NOTE:The prescription does not need to be more restrictive than the FP rules—it just needs to limit harvest. D. Is any part of the haul route for this FPA/N in a Road Maintenance and Abandonment Plan(RMAP) approved by DNR? Yes-RMAP# R a J-/00 3 � No 2)Does the landowner currently have an approved Road Maintenance and Abandonment Plan(RMAP)and intends to continue to follow its schedule? 01 Yes. RMAP Number 2J-f00 3 [ ] No.Go to Question 3. 3)Are there any existing forest roads on forest land owned by the landowner? [ ] Yes—Complete Road Maintenance and Abandonment Plan Section [ ] No—A Road Maintenance and Abandonment Plan is not required Addendum- 1 of 1 Form QQ46(10-31-03) w L/ Forest Practices Application/Notification24p98xx Marbled Murrelet Section To determine if the marbled murrelet rules apply to your proposed forest practices activity,answer the following questions in order,unless otherwise directed as a result of your response. If the answer is that "Standard Forest Practices Rules"apply then the forest practice is most likely not affected by the marbled murrelet rule. However,resource screening by the DNR may indicate that"occupied marbled murrelet sites"are present. If so,you will be contacted for further information. 1) Has a marbled murrelet survey been completed either in the area of the proposed forest practice or on the landowner's property within 300 feet of the proposed forest practices? [J Yes. Check all that apply: [] Survey was approved by Washington Department of Wildlife(WDFW). Attach approval letter from WDFW. [] The approved survey indicated Murrelet Occupancy(Status 1-3 detection). Stop,Class IV Special Application,see instructions for details. [J The approved survey indicated Murrelet Presence (Status 4 detection). Go to Question 8. [] The approved survey indicated no murrelet detections(Status 5 detection). Go to Question 8. [] Survey was disapproved by WDFW and is being resubmitted with this FPA/N. Explain below. Follow instructions and attach letter of disapproval [] Survey has previously been submitted to WDFW and WDFW survey approval is unknown. Explain below. Follow instructions. [] Survey is complete but has not yet been submitted to WDFW. Submit survey with FPA/N. N No. No survey was completed.Go to Question 2. 2) Does any area of the forest practice or adjacent areas have possible"suitable marbled murrelet habitat"? See instructions and WAC 222-16-010. [] Yes. Follow instructions—documentation required. [] Possible"suitable marbled murrelet habitat"is within the area of the proposed forest practice and/or [] Possible"suitable marbled mun elet habitat"is within 300 feet of the area of the proposed forest practice. Go to Question#3. �] No. Possible"suitable marbled murrelet habitat"is not present. Provide brief description of current stand conditions that demonstrates that proposed area is not marbled murrelet habitat. Include tree species composition and tree size(dbh). Then proceed to question#8. TIMBER ON SITE IS A STAND OF SECOND GROWTH CONIFER, MOSTLY DOUGLAS FIR. AVERAGE AGE IS 60-65 YEARS OLD. THE AVERAGE DBH IS 20" TO 27" . t$fIE P.E ARE SO_.1^'E SCATTERED HARDWOODS ON NORTH,.EASTERN CORNER OF SITE. Marbled Murrelet Section- 1 of 2 Form QQ46(10-31-03) J 2409811 3) Are any areas of possible"suitable marbled murrelet habitat"identified in Question#2 greater than or equal to 7 acres, including contiguous acreage on adjacent ownerships(WAC 222-16-010)? [] Yes. []At least 7 acres of possible"suitable marbled murrelet habitat"within the area of the proposed forest practices and/or [] At least 7 acres of possible"suitable marbled murrelet habitat"within 300 feet of the proposed forest practices. Go to Question#4. [} No. At least 7 acres of possible"suitable marbled murrelet habitat"is not present. Go to Question#8. 4) Within the possible"suitable marbled murrelet habitat"are at least 40%of the dominant and co-dominant trees of a conifer species(see instructions)? [] Yes. Go to Question#5. [] No. Go to Question#8. 5) Is a murrelet detection Status 1-4 site located in the section(legal section)in which the proposed forest practice activity is located and/or in any of the adjacent(surrounding)sections(legal section)? See WAC 222-16-010 for more information. [] Yes. The forest practice is within a"marbled murrelet detection area". Go to Question#6. [] No. The forest practice is not within a"marbled murrelet detection area". Go to Question#7. 6) Does the area of the forest practice contain"suitable marbled murrelet habitat"with 2 or more"marbled murrelet nesting platforms"(platforms)(WAC 222-16-010)per acre(WAC 222-10-042)? [] Yes. Stop,Class IV Special,see instructions. [] No. Go to Question P. 7)Is the forest practices activity area in southwest Washington within the"marbled murrelet special landscape area"(see WAC 222-16-087 for map)? []Yes. Is the forest practice within"suitable marbled murrelet habitat"that contains 5 platforms per acre or more? [] Yes. Stop,Class IV Special,see instructions. [] No. Go to Question#8. [] No. Is the forest practice within"suitable marbled murrelet habitat"that contains 7 platforms per acre or more? [] Yes. Stop,Class IV Special,see instructions. [] No. Go to Question#8. 8) Is the proposed forest practice activity within 0.25 mile of an"occupied marbled murrelet site"and/or for helicopter operations within 0.25 mile of a required managed buffer zone adjacent to the occupied marbled murrelet site? [] Yes. Stop,"disturbance avoidance"measures apply,see instructions and refer to WACs 222-24-030,222- 222-30-050,222-30-060 222-30-065,222-30-070 and 222-30-100. No. 'Standard Forest Practices Rules apply Marbled Murrelet Section-2 of 2 Form QQ46(10-31-03) 03 r�5 Jo cry z`i tl Forest Practices Application/Notification 2 4 0 9$ 11 Timber Harvest Section WAC 222-30-020 1) Complete the chart below. Type Of Trees Per Acre Harvest Method Of Yarding Steepest Remaining After Estimated Unit (high lead,skyline,shovel, Acres Slope% Volume To Be (even-aged, rubber tired skidder,tracked Per (within Harvest # uneven-aged, Equal or Less Harvested skidder,animal,helicopter, ❑rilt Harvest salvage,right- feller buncher, cable) Unit) Greater Than 10" (board feet) of-way) Than 10" (dbh) 1 EVEN RUBBER TIRE 160 150 5 — 1, 600MBF AGED SKIDDER 2) Indicate how required Wildlife Reserve Trees(WRTs)and Green Recruitment Trees(GRTs)will be left. Check all that apply: See WAC 222-30-020(11) Wildlife Reserve Trees(WRTs) Green Recruitment Trees(GRTs) [ ] Clumped [ ] Clumped [XIC Other EVENLY DI ST. )E)d Other EVENLY DI ST. NOT1,: At least two down logs per acre shall be left. At a minimum,down logs shall be 12 inches in diameter at the small end and 20 feet long or the equivalent volume. 3) Will the landowner be harvesting timber on any potentially unstable landforms? [ ] Yes.See instructions or if landowner is applying prescriptions for an approved Watershed Analysis,attach prescriptions. PC No. 4) What reforestation method will you use?Add additional details on separate paper and attach to application if needed. K3 Planting. List species: 2.0. DOUGLAS FIR [ ]Natural. Submit a reforestation plan. See instructions. [ ]Reforestation is not required under WACs 222-34-010(1)(b),222-34-020(1)(b)or 222-34-050. 5) Describe how harvest boundaries are marked on the ground,AND show and label the following items on the Activity map(s). Include location of each harvest unit,landing location(s),WRTs and GRTs(if clumping option is chosen)and for every even-aged unit provide the ages for all adjacent forest stands owned by the landowner(WAC 222-30-025).Add additional details on separate paper and attach to application if needed. HARVEST BOUNDARIES ARE THE PROPERTY LINES TO BE FLAGGED PRIOR. TO HARVEST. HARVEST BOUNDARIES ARE ALSO THE COUNTY ROAD TO THE SOUTH. HARVEST BOUNDARIES ARE ALSO THE EDGE OF THE MERCHANTIBLE TIMBER. WRT' s AND GRT' s ARE TO BE EVENLY DISTRIBUTED THROUGH THE UNIT. Timber Harvest- 1 of 1 Form QQ46(10-31-03) FOREST PRACTICE ACTIVITY MAP h �r��� t7-1( TOWNSHIP 20 NORTH HALF 0, RANGE 4 WEST(W.M.)HALF 0, SECTION 4 Application#: 2409811 f �o 0o J- 791740 1742 4 g2 t t 3.3 t r 79 720 7 t 1724 5 TA7 � S�cafe- A-m — — STATE 114 A 501 U j 3 \ L Ali,,,D r +91700 791702 1704 l t _ J t t t 90780 t loop / t . 0784 �. Please use the legend from the FPA Instruction or provide a list of symbols used. Friday,April 16,2004 10:40:47 AM NAD 83 Contour Interval:40 Feet When Recorded Return to: R E C E I V E D MANKE LUMBER COMPANY, INC. ( swan) APR 2 7 Z004 826 FAIRMONT AVENUE MASON COUNTY SHELTON, WASH. 98584 ASSESSORS NOTICE OF MORATORIUM ON NON-FORESTRY USE OF LAND GRANTOR(S): MANKE LUMBER CO. INC. _ (Name of Forest Land Owner(s)) GRANTEE: MASON COUNTY, WASHINGTON (Name of County or City in Which Land Subject to the Forest Practices ApplicationAlotification is Located) LEGAL DESCRIPTION OF THE FOREST PRACTICES OPERATION:(/nc/ude lot, block,plat, section, quarter/quarter section, township and range) ryE iVF ^/Ic f W Ya Alf Zr Al W 5 ,2 8/1/i ALL IN SECTION 4 , TOWNSHIP 20N, RANGE 04W W.M. ASSESSOR'S PROPERTY TAX PARCEL OR ACCOUNT NUMBER(S): ,A1a00,�/- /o &lalO dlaoo/, ;z41 FPA/N Number(to be completed byoNR): 2409811 Approval Date (to be completed by DNR): _ (1) I/we certify that I/we am the forest land owner, as that term is defined in RCW 76.09.020 and WAC 222-16-010, and that I/we am familiar with the requirements of the Forest Practices Act, RCW 76.09 and Forest Practices rules, WAC Title 222. Itwe am specifically familiar with RCW 76.09.060(3) and its effects. (2) By this statement I/we declare that the land subject to this Forest Practices application/notification will not be converted to an active use incompatible with timber growing within six years after the approval date of the Forest Practices permitted in the Forest Practices application/notification. 4 G[ " P5 �S (7f Z- 9 (3) I/we understand that applications/notifications are subject to the reforestation requirements as described in RCW 76.09 and WAC Title 222, the Forest Practices rules. I/we also understand that the reforestation requirements shall not apply only if the land is, in fact, converted unless applicable alternatives or limitations are provided in Forest Practices rules issued under RCW 76.09.070. I/we further understand that it is the obligation of the forest land owner or the owner of perpetual rights to cut timber owned separately from the land to ensure that such reforestation takes place. I/we understand that the obligation to reforest shall become the obligation of the new owner if the land or perpetual timber rights are sold or otherwise transferred. (4) Uwe understand that if I/we have declared that the land subject to this forest practices application/notification will not be converted to an active use incompatible with timber growing, that the land shall be subject to a six-year moratorium which will preclude current and/or successor forest land owners from obtaining development permits while the moratorium is in place. The moratorium shall begin on the approval date of the forest practices application/notification. I/we understand that this means that the county, city,town and/or regional governmental entities shall deny any or all applications for permits or approvals, including but not limited to building permits and subdivision approvals, relating to nonforestry uses of the land subject to the application/notification.The local governmental entity may lift the six-year moratorium if it so chooses through a process, which shall include public notification, and procedures for appeals and public hearings. (5) I/we understand that the six-year moratorium shall be imposed for applications/notifications, which include a Conversion Option Harvest Plan approved by the local governmental entity if the forest practices are not conducted in compliance with the approved forest practices permit. (6) I/we understand that information regarding the forest practices application/notification referred to in this Notice may be found at the Washington State Department of Natural Resources, SOUTH PUGET SOUND Region Office, ENUMCLAW Washington. (7) Uwe certify and declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. this Signed 21ST 9 APRIL2 4 4 98 1 1 2004 g (date) y9 m ) (Yeed at SHELTON WASHINGTON R 2 7 M�T MANKE, MANKE LUMBER CCU. Forest Land Owner(Signature) Forest Land Owner(Print Name) MASON COUNTY Forest Land Owner(Signature) ASStSbOMS Forest Land Owner(Print Name) DNR QQ-41 2120/03 EX OVS 14 a Affblk FPA/N No: 2409811 WASHINGTON STATE DEPAKTMENTOF Mitural Resources Effective Date: 5/27/2004 Expiration Date: 5/27/2006 Forest Practices ApplicatiowNotification Shut Down Zone:654 Notice of Decision EARR Tax Credit: ❑Eligible ®Non-eligible DECISION: ❑ NOTIFICATION Operations shall not begin before the effective date. ® APPROVED This Application is approved and is subject to the conditions listed below. ❑ DISAPPROVED This Application is disapproved for the reasons listed below. ❑ CLOSED-OUT ❑Cancelled by DNR ❑Withdrawn by applicant CONDITIONS/REASONS: Issued By: �d Title: RESOURCE PROTECTION FORESTER Region: SOUTH PUGET SOUND Date: 5/27/2004 Copies to:®Landowner MANKE TIMBER CO INC ®Timber Owner SAME ® Operator SAME FORM DNR XX-XX(10-25-02) 1 of 2 THE FOLLOWING IS PROVIDED FOR YOUR INFORMATION: Forest Practice Application/notifications are posted to the Internet by the Forest Practice Application Review stem (FPARS). Applicants, reviewers and interested parties can review existing proposals if they have completed a reviewer profile and the DNR has issued a login and password. You may get a profile form from the FPARS web site at: http://www.d n r.wa.gov/forestpractices You may also get a copy of your application/notification from you local DNR region office. Also available from the FPARS website are the FPAIN form and instructions, FPAIN maps, Renewal forms,other required forms and helpful information. Appeal Information: RCW 76.09.220(8)provides any aggrieved person the right to appeal the approval or disapproval of a forest practices application. RCW 43.21C.075 provides any aggrieved person the right to appeal issues arising under the State Environmental Policy Act. Appeals must be filed within 30 days of the approval or disapproval of the forest practices application. Appeals must be filed with the FOREST PRACTICES APPEALS BOARD, PO BOX 40903, 4224-6th Ave SE Bldg#2, Lacey,WA 98504-0903. Appeals must be filed in writing on the form required in Title 223-08. Concurrently with filing of the Forest Practices Appeals Board,copies of the appeals must also be filed with the OFFICE OF THE SUPERVISOR, DEPT OF NATURAL RESOURCES, 1111 Washington St SE,4th Floor Natural resources Bldg., PO BOX 47012, Olympia,WA 98504-7001, and with the ATTORNEY GENERAL, PO BOX 40100, OLYMPIA,WA 98504-0100. Other Applicable Laws: Operating as described in this application/notification does not ensure compliance with the Endangered Species Act,or other federal,state,or local laws. Change of Operator, Landowner or Timber Owner: If the landowner changes the operator, the landowner shall notify the DNR in writing within 48 hours of the change. Appropriate forms are available at the DNR region office and at the above FPARS website. Use this form to also notify DNR of a change in landowner and/or timber owner. Notice of Sale or Transfer of Land or Timber: Sellers and Buyers of land and perpetual timber rights have certain rights and responsibilities when the land or perpetual timber rights are sold or transferred. Where the land is subject to certain continuing forestland obligations including without limitation reforestation, Road Maintenance and Abandonment Plans and Harvest Strategies along Type 4 Waters in Eastern Washington, prior to the sale or transfer of the land or perpetual timber rights the law requires that the following occur: 1)the seller shall notify the buyer of the existence and nature of the obligations and 2)the buyer shall sign a Notice of Continuing Forestland Obligation Form indicating the buyer's knowledge of such obligation.At the time of sale or transfer of the land or perpetual timber rights the seller shall send the signed Form to the Department of Natural Resources(DNR). The Form may be obtained from your DNR region office. If the seller fails to notify the buyer about the continuing forest land obligation referenced above,the seller shall pay the buyer's costs related to such continuing forest land obligation, (including all legal costs)incurred by the buyer in enforcing the continuing forestland obligation against the seller. Failure by the seller to send the required notice to the DNR at the time of sale shall be prima facie evidence, in an action by the buyer against the seller for costs related to continuing forest land obligation, that the seller did not notify the buyer of the continuing forest land obligation prior to sale. See RCW 76.09.070, RCW 76.09.390 and WAC 222-20-055. There are also other types of continuing forestland obligations subject to certain requirements, including without limitation Small Forest Landowner Forest Riparian Easements and Landowner Landscape Plans. For more information contact the DNR Regional Office. FORM DNR XX-XX(10-25-02) 2 of 2 WASHINGTON STATE DEPARTMENTOF Natural Resources v Forest Practices Application/Notification Renewal „SWAN GARBAGE D11V (1A1m) 3 _ 3 m� instructions: You may renew your current Forest Practices Application or Notification if: • You are not proposing to modify the uncompleted operation. • There are no outstanding enforcement actions associated with the application/notification. • The forest practices rules in effect at the time of renewal do not require a change in the nature and extent of the forest practice. FA out this form,a completed Forest Practices Application/Notification Form if your existing application is not on the current edition of the ApplicatwNNotification Form,form QQ46(09-16-02).and a Notice of Moratorium form. Send the forms with the appropriate fees to the department region office that is responsible for the geographic area of the operation. Type or print in permanent ink- You can find a list of DNR region offices by going to the DNR web site at httpJhvww.wa.gov/drx/and clicking on"Regions". Renewal requests must be received and accepted at the region office prior to the expiration date of your current forest practices application or notification. APPLICATION NUMBER: #2409811 EXPIRATION DATE: 5-27-2006 Classification of the original forest practice: Class II-[ ] Class III-bj Class IV General-[ ] Class IV S xcial-[ ] Are you proposing any modifications of the original forest practices? [ ] YES Stop. You must complete a new Forest Practice Application/Notification Form. ] NO Continue. 1) Full legal name of Landowner 2) Full legal name of Tunber Owner 3) Full legal name of Operator MANIA T TER 00. INC. MANE TDIBER CO. INC. WE LiMIR O:I`'ff91Y, INC. s Contn� Mn MAMT BuConsiness MATT MANn Co�nmract DALE HAIL Mailing Address Mailing Address Mailing Address 826 FAIlRD X AVENUE 826 FAIldTJ1 W AVEN& 826 FAIltN M AVENUE City,State or Province,Country,and Zip City,State or Province,Country,and Zip City,State or Province,Country,and Zip or Postal Code or Postal Code or Postal Code SHQ,TON, WASH. 98584 SHELTM, WASH. 98584 S aTC)N, WASH. 98584 Phone( � ) 426-5536 Phone( 360 ) �+26-5536 Pam( 360 ) 426-5536 E-Mail: E-Mail: E-Mail: MANLLML C.00M Form QQ 31(04-03) Application/N4IIVVIItifjpaRic�FtneW 6 APR 2 1 2006 Page 1 of 2 ►h��� �" Po z . J 2409811 4) Legal description and county of the forest practice activity. Sub-Division '/ '/. Section Townshi Range E/W County THE NE NE & W2 NE 4 2ON 04 W MASON THE SE NW 4 2ON 04 W MASON 5) I/We affirm that the information contained herein is true,and understand that this proposed forest practice is subject to the current rules of the Forest Practices Act,as well as any applicable federal,state or local rules and regulations. Compliance with this application/notification does not ensure compliance with the Endangered Species Act,or other federal,state,or local laws. Signature of Landowner. Signature of Timber Owner: Si f O rator 4-14-2006 11_ 4 2006 4200 Date: Date: Print Landowner name: Print Timber Owner name: Print Operator name: MATT WMT, MAMA TM. CO. INC. MATT ME, MIKE TBR. 00. INC. DALE HAIL, WMT LBR. CO. Agency Use Below the Line --------------------------------------------------------------------------------------------±---------- 24 ® 811 FPA/N# ItJCC' � I RMS PAYMENT# 1 y b 3 t DATE RCVD:__S - © 2. 'O RMAP# REGION 5 PS Decision: EFFECTIVE DATE 5 - ZQ, -C'h MEETS REQUIREMENTS FOR RENEWAL EXPIRATION DATE S - 2- DOES NOT MEET REQUIREMENTS FOR RENEWAL [ ] Modification(s)to the uncompleted operation [ ] Outstanding enforcement actions associated with this application/notification ] The current forest practices rules require a change in the nature and extent of the forest practice. ( ] Request was not received and accepted at the region office prior to the expiration date of your current forest practices application or notification. ' [ ] CLOSED-OUT CONDITIONS: ALL CONDITIONS OF THE ORIGINAL APPLICATION/NOTIFICATION APPLY [ ] THE FOLLOWING CONDITIONS APPLY: 10 01-t l � l �� I5 P6 DNR signature/Title N1 Region Date Form 00 31(04-03) Application/NoMcation Renewal Page 2 of 2 FOREST PRACTICE ACTIVITY MAP ' G �� �¢ z� TOWNSHIP 20 NORTH HALF 0, RANGE 4 WEST(W.M.)HALF 0,SECTION 4 Application#: . 8 �444 t 91740 t//1742 4 32 i 33 34 I 7 720 7 + 1724 t 5 II 64T (7Ar_t _ Ga, 791700 t 91702 17 x 4P 9 fi 4 790780 790782 90784 10 t Please use the legend from the FPA Instruction or provide a list of symbols used. Friday,April 14,2006 3:47:41 PM NAD 83 G A A)D.IA- Contour Interval:40 Feet l-1 A RL)£St Al��L.• ,FXVS—JJtA--' iZ�AD When Recorded Return to: NAND TEMKR OCMPANY, INC. %an,mob.&p> RECEIVED 826 FAIRMM AVENUE x ` S MIM, WASH. 98584 MASON COUNTY ASSESSORS NOTICE OF MORATORIUM ON NON-FORESTRY USE OF LAND GRANTOR(S): MAM TRYIBE 0WANY, INC. (Name of Forest Land Ownwys)) GRANTEE: w,,;cv CaNly, WASOUIM (Name of County or City In Which Land Subpd to the Forest Prarikes APPOicadonNoffikation is Located) LEGAL DESCRIPTION OF THE FOREST PRACTICES OPERATION:(lnclude lot, block,plat,section. quarter/quafter section,township and range) THE NE NE & W2 NE THE SE NW S 28/41 ALL IN M MON 4, T04SH P 20N, RANGE 04W W.M. ASSESSOR'S PROPERTY TAX PARCEL OR ACCOUNT NUMBER(S): 42004 10 00000 42004 24 00000 ? FPA/N Number(to be completed by oNR): 241J331 Approval Date (to be completed by DNR): S- 2 — C��-, (1) I/we certify that l/we am the forest land owner, as that term is defined in RCW 76.09.020 and WAC 222-16-010, and that Itwe am familiar with the requirements of the Forest Practices Act, RCW 76.09 and Forest Practices rules, WAC Title 222. I/we am specifically familiar with RCW 76.09.060(3)and it's effects. (2) By this statement Uwe declare that the land subject to this Forest Practices application/notification wiH not be converted to an active use incompatible with timber growing within six years after the approval date of the Forest Practices permitted in the Forest Practices application/notification. .i 2409811 (3) I/we understand that applications/notifications are subject to the reforestation requirements as described in RCW 76.09 and WAC Title 222, the Forest Practices rules. 1/we also understand that the reforestation requirements shall not apply only if the land is, in fact, converted unless applicable alternatives or limitations are provided in Forest Practices rules issued under RCW 76.09.070. I/we further understand that it is the obligation of the forest land owner or the owner of perpetual rights to cut timber owned separately from the land to ensure that such reforestation takes place. Itwe understand that the obligation to reforest shall become the obligation of the new owner if the land or perpetual timber rights are sold or otherwise transferred. (4) Itwe understand that if Uwe have declared that the land subject to this forest practices application/notification will not be converted to an active use incompatible with timber growing, that the land shall be subject to a six-year moratorium which will preclude current and/or successor forest land owners from obtaining development permits while the moratorium is in place. The moratorium shall begin on the approval date of the forest practices application/notification. I/we understand that this means that the county, city, town and/or regional governmental entities shall deny any or all applications for permits or approvals, including but not limited to building permits and subdivision approvals, relating to nonforestry uses of the land subject to the application/notification. The local governmental entity may lift the six-year moratorium if it so chooses through a process, which shall include public notification, and procedures for appeals and public hearings. (5) I/we understand that the six-year moratorium shall be imposed for applications/notifications, which include a Conversion Option Harvest Plan approved by the local governmental entity if the forest practices are not conducted in compliance with the approved forest practices permit. (6) I/we understand that information regarding the forest practices application/notification referred to in this Notice may be found at the Washington State Department of Natural Resources, SOM PUGE7 SOUND Region Office, ENLM CAW Washington. (7) Uwe certify and declare under penalty of perjury under the laws of the state of Washington that the foregoing Is true and correct. Signed this 14TH day of APRIL 2006 , at SFEI. M / W!ISEDQV M MATT MAN[ , MANKE TDM CO. INC. Forest and Owner(Signut re) Forest Land Owner(Print Name) Forest Land Owner(Signature) Forest Land Owner(Print Name) DNR QQ41 2/20/03 WASHINGTON STATE DEPARTMENTOF Natural Resources Forest Practices Application/Notification Renewat'GGr,6we 11me) /V A501k) Instructions: You may renew your current Forest Practices Application or Notification if: • You are not proposing to modify the uncompleted operation. • There e e are no outstanding enfor ent actio ns associated with the application/notification. • The forest practices rules in effect at the time of renewal do not require a change in the nature and extent of the forest practice. Fill out this form. Send the forms with the appropriate fees to the department region office that is responsible for the geographic area of the operation. Type or print in perTnanent ink. You can find a list of DNR region offices b going e9 Y 9 9 to the DNR web site at htt ://www.dnr.wa.c!ov and clicking on _ 9'Re ions" V Renewal requests must be received and accepted at the region office prior to the expiration date of your current forest practices application or notification. APPLICATION NUMBER: 2409811 EXPIRATION DATE:05/28/2008 Classification of the original forest practice: Class II-M Class III-[ ] Class IV General-[ ] Class IV Special-[ ] Are you proposing any modifications of the original forest practices? [ J YES Stop. You must complete a new Forest Practice Application/Notification Form. pq NO Continue. 1) Full legal name of Landowner 2) Full legal name of Timber Owner 3) Full legal name of Oaerator MANKE TIMBER CO. INC. MANKE TIMBER CO. INC. MANKE LUMBER CO. INC. Business Business Business Contact: MATT MANKE Contact: MATT MANKE Contact: DALE HALL Mailing Address Mailing Address Mailing Address 826 FAIRMOUNT AVENUE 826 FAIRMOUNT AVENUE 826 FAIRMOUNT AVENUE City,State or Province,Country,and Zip City,State or Province,Country,and Zip City,State or Province,Country,and Zip or Postal Code or Postal Code or Postal Code SHELTON, WASH. 98584 SHELTON, WASH. 98584 SHELTON, WASH. 98584 Phone(360 ) 426-5536 Phone(360 ) 426-5536 Phone(360 )426-5536 E-Mail: E-Mail: E-Mail:MANLUM@HCTC.COM MAY 16 2008 III Form 00 31 (07-22-07) Application/Notification Renewal Page 1 of 2 a 4) Legal description and county of the forest practice activity. (quarter quarter) Section Township Range E/W Tax Parcel Number County THE NE NE&W2 NE 4 20N 04 W 42004 10 00000 MASON THE SE NW S 28/41 4 20N 04 W 42004 24 00000 MASON 5) UWe affirm that the information contained herein is true,and understand that this proposed forest practice is subject to the current rules of the Forest Practices Act,as well as any applicable federal,state or local rules and regulations. Compliance with this application/notification does not ensure compliance with the Endangered Species Act,or other federal,state,or local laws. Signature of Landowner: Signature of Timber Owner: Signature of Operator: Date: 05/02/2008 Date:05/02/2008 6�//_PlDat 0 0 Print Landowner name: Print Timber Owner name: Print Operator name: MATT MANKE, MANKE TBR.CO. INC. MATT MANKE,MANKE TBR.CO. INC DALE HALL,MANKE LBR.CO. INC. Agency Use Below the Line -------------------------------------------------------------------------- ------------------------- �� FPA/N# RMS PAYMENT# o� /� DATE RCVD: `'I G RMAP# D0-� Jpj REGION Decision: EFFECTIVE DATE J�10 KMEETS REQUIREMENTS FOR RENEWAL EXPIRATION DATE �/90 [ ] DOES NOT MEET REQUIREMENTS FOR RENEWAL [ ] Modification(s)to the uncompleted operation [ ] Outstanding enforcement actions associated with this application/notification [ ] The current forest practices rules require a change in the nature and extent of the forest practice. [ ] Regrest was not received and accepted at the region office prior to the expiration date of your current forest practices application or notification. [ ] CLOSED-OUT CONDITIONS: [ ] ALL CONDITIONS OF THE ORIGINAL APPLICATION/NOTIFICATION APPLY [ ] THE FOLLOWING CONDITIONS APPLY: L198 Issued by Title Region Date Form QQ 31(07-22-07) Application/Notification Renewal Page 2 of 2 Marbled Murrelet Form Western Washington Forest Practices Application/Notification Complete this form only if you are harvesting timber(including salvage)or constructing roads. Do not complete this form if you have an HCP for marbled murrelets. Answer every question. 1_ ❑X No ❑Yes For this FPA/N, has a protocol survey(s) been completed that includes: • Harvest units(and within 300 ft on your ownership),or • Salvage units(and within 300 ft on your ownership),or • Any area of proposed road construction(and within 300 ft on your ownership)? If'Yes, till out the table and check the appropriate findings below. Survey was Survey has been Survey is,complete Survey was disapproved by submitted to but has not yet approved by WDFW and is being WDFW and been submitted to Survey ID 'township, WDFW resubmitted with survey approval is WDFW (Name or Range, & (Attach approval this FPA/N unknown (Submit survey Unit#) Section letter from WDFW) (Explain below) (Explain below) with FPAIN) ❑Occupancy ❑Occupancy ❑Occupancy ❑Occupancy ❑Presence ❑Presence ❑Presence ❑Presence ❑No Detections ❑No Detections ❑No Detections ❑No Detections ❑Occupancy []Occupancy ❑Occupancy ❑Occupancy ❑Presence ❑Presence ❑Presence ❑Presence ❑No Detections ❑No Detections ❑No Detections ❑No Detections ❑Occupancy ❑Occupancy ❑Occupancy ❑Occupancy ❑Presence ❑Presence ❑Presence ❑Presence ❑No Detections ❑No Detections ❑No Detections ❑No Detections Explanation: 2. ❑x No ❑Yes ❑Unknown Will you harvest, salvage, or construct roads within 0.25 miles of an occupied site? 3. ❑X No ❑Yes ❑Unknown Wiil you fly helicopter(s)over or within 0.25 miles of an occupied site? 4. ❑X No ❑Yes Will you harvest live trees in a buffer of an occupied site? If Yes, describe the leave trees and buffer widths you will leave. NOTE: If you leave less than required in WAC 222-16-080(1) 0)(v)this is a Class IV-Special and an Environmental Checklist is required Description of managed buffers: Forth QQ46(05-14-05) 1 of 2 i�� ►s 5. X❑No ❑Yes Are there nesting platforms within any harvest unit (including salvage and road construction)that are within 300 feet that: • Are not located within a surveyed area, and; • Have a minimum of 2 platforms per acre,and; • Are located within 7 or more acres of contiguous habitat,and; • Have a least 40% (number not volume) of the dominant and co-dominant trees made up of Douglas-fir,western hemlock,western red cedar,or Sitka spruce? If"Yes" complete the table below for those areas. Name or#(as Platform Assessment Method shown on map)of Number of delineated stands Nesting trees 32 inches Field Sampling Method,Sample Plot of contiguous Delineated platforms dbh or greater Method, 100%Cruise Method, Inventory habitat stand acres per acre with platforms Model Method,or Other 6. ❑X No ❑Yes Are there areas within this forest practice or within 300 feet that: • Are not surveyed, and; • Are not listed in question 5,and; • Have trees that are at least 32 inches dbh If"Yes", lint the forest practice unit numbers from your activity map. Provide brief description of current stand conditions. Such as tree species composition, stand age(if known),and maximum tree size(dbh). Harvest Unit#(s) ❑Within the Unit ❑Within 300 feet of the Unit Description: Harvest Unit#(s) ❑Within the Unit ❑Within 300 feet of the Unit Description: Harvest Unit#(s) ❑Within the Unit ❑Within 300 feet of the Unit Description: 7. If you answered yes to question 1, 4, or 5, include a map (separate from your map that shows your harvest units and/or road construction)See the instructions for the information required on each map. Forth QQ46(05-14-05) 2 of 2 FPAIN No: 2409811 WASHINGTON STATE DUARTMENTOF Effective Date: 05/29/2008 Murat RPSGU ces Expiration Date: Forest Practices Application/Notification Shut Down Zone: NOtIC@ Of DecisionEARR Tax Credit: [ ]Eligible [ ]Non-eligible Reference: 4-20-4W "Swan Johnson" Decision [X]Notification Operations shall not begin before the effective date. [ ]Approved This Forest Practices Application is subject to the conditions listed below. Disapproved This Forest Practices Appli cation is disapproved for the reasons listed below. [ ] [ ]Closed Applicant has withdrawn approved FPA/N Number of Years Granted on Multi-Year Request FPAIN Classification 3 yrs [ ]4 yrs [ ]5 yrs [X]Class 11 [ ]Class III [ ]Class IVG [ ]Class IVS [ ]2 yrs [ ] Conditions on Approval 1 Reasons for Disapproval RENEWAL_ Issued By: Jerry H.Johnson Region: South Puget Sound Title: Forest Practices Forester Date: 05/16/2008 Copies to: [ICJ Landowner,Timber Owner and Operator. page 1 of 2 QQ-46W(11-20-2007) C Z, Appeal lnforrnation You have 30 calendar days to appeal this Decision and any related State Environmental Policy Act determinations to the Forest Practices Appeals Board.You must follow the requirements of RCW 76.09.220(8)and WAC 223-08. Certain economic development projects may have a different appeal process. RCW 43.21 L and WAC 199-08 describes the alternate appeal process. Additional information on both appeal processes is available from the Washington Environmental Hearings Office at http://www.eho.wa.gov/or at(360)459-6327. Other Applicable Laws Operating as described in this application/notification does not ensure compliance with the Endangered Species Act, or other federal,state, or local laws. Hydraulic Project Approval(HPA)(Chapter 77 55RCW and WAC 222-50-020(2)) The Department of Fish and Wildlife(WDFW),as the jurisdictional agency issuing HPAs, has final authority for approving water crossing structures in Type S and F waters. WDFW continues to have authority on Type N waters and may exercise that authority on some Type N waters. I Notice:The HPA water crossing requirements supersede what is indicalted on the FPA. Landowners are required by law to follow the provisions as directed on the HPA. Transfer of Forest Practices Application/Notification(WAC 222-20-010) Use the"Notice of Transfer of Approved Forest Practices Application/Notification"form. This form is available at region offices and on the Forest Practices Division website: hftp://www.dnr.wa.gov/foreatpractices/. Notify DNR of new Operators within 48 hours. Continuing (Forest Land Obligations(RCW 76 09 060 RCW 76 09 070 RCW 76 09 390 and WAC 222-20-055) Obligations include reforestation, road maintenance and abandonment plans, conversions of forest land to non- forestry use and/or harvest strategies on perennial non-fish habitat(Type Np)waters in Eastern Washington. Before the sale or transfer of land or perpetual timber rights subject to continuig forest land obligations,the seller must notify the buyer of such an obligation on a form titled"Notice of ContinuingForest Land Obligation".The seller and buyer must both sign the"Notice of Continuing Forest Land Obligation"form and send it to the DNR Region Office for retention.This form is available at DNR region offices. If the seller fails to notify the buyer about the continuing forest land obligation,the seller must pay the buyer's costs related to continuing forest land obligations, including all legal costs and reasonable attomeys'fees incurred by the buyer in enforcing the continuing forest land obligation against the seller. Failure by the seller to send the required notice to the DNR at the time of sale will be prima facie evidence in an action by the:buyer against the seller for costs related to the continuing forest land obligation prior to sale. QQ-46W(11-20-2007) page 2 of 2 Revisions to FPA/N 2409811 DATE DOCUMENT DESCRIPTION 6/2/09 Notice of Decision Information was missing WASHlNGTflN STATE UEPARTMENTOF FPA/N No: 2409811 Natural Resources Effective Date: 05/29/2008 Expiration Date: 05/29/2010 Forest Practices Application/Notification Shut Down zone: 654 Notice of Decision EARR Tax Credit: [ ] Eligible [x] Non-eligible Reference: 4-20-4W Decision [K] Notification Operations shall not begin before the effective date. [ ]Approved This Forest Practices Application is subject to the conditions listed below. [ ] Disapproved This Forest Practices Application is disapproved for the reasons listed below. [ ]Closed Applicant has withdrawn approved FPA/N FPA/N Classification Number of Years Granted on Multi Year Reauest [K] Class II [ ] Class III [ ] Class IVG [ ]Class IVS [ ]2 yrs [ ] 3 yrs [ ]4 yrs [ ]5 yrs Conditions on Approval/Reasons for Disapproval RENEWAL Issued By: Jerry H. Johnson Region: South Puget Sound Title: Forest Practice Forester Date: 05/16/2008 Copies to: [9] Landowner,Timber Owner and Operator. QQ-46W(11-20-2007) page 11 of 2 V Z C-4- 2- Appeal Information You have 30 calendar days to appeal this Decision and any related State Environmental Policy Act determinations to the Forest Practices Appeals Board.You must follow the requirements of RCW 76.09.220(8)and WAC 223-08. Certain economic development projects may have a different appeal process. RCW 43.21 L and WAC 199-08 describes the alternate appeal process. Additional information on both appeal processes is available from the Washington Environmental Hearings Office at http://www.eho.wa.gov/or at(360)459-6327. Other Applicable Laws Operating as described in this application/notification does not ensure compliance with the Endangered Species Act,or other federal, state, or local laws. Hydraulic Proiect Approval (HPA)(Chapter 77 55RCW and WAC 222-50-020(2)) The Department of Fish and Wildlife(WDFW), as the jurisdictional agency issuing HPAs, has final authority for approving water crossing structures in Type S and F waters.WDFW continues to have authority on Type N waters and may exercise that authority on some Type N waters. Notice:The HPA water crossing requirements supersede what is indicated on the FPA. Landowners are required by law to follow the provisions as directed on the HPA. Transfer of Forest Practices Application/Notification (WAC 222-20-010) Use the"Notice of Transfer of Approved Forest Practices Application/Notification"form. This form is available at region offices and on the Forest Practices Division website: hftr)://www.dnr.wa.-gov/forestpractices. Notify DNR of new Operators within 48 hours. Continuing Forest Land Obligations(RCW 76.09.060, RCW 76.09.070, RCW 76.09.390 and WAC 222-20-065) Obligations include reforestation, road maintenance and abandonment plans, conversions of forest land to non- forestry use and/or harvest strategies on perennial non-fish habitat(Type N�waters in Eastern Washington. Before the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations,the seller must notify the buyer of such an obligation on a form titled"Notice of Continuing Forest Land Obligation". The seller and buyer must both sign the"Notice of Continuing Forest Land Obligation"form and send it to the DNR Region Office for retention. This form is available at DNR region offices. If the seller fails to notify the buyer about the continuing forest land obligation, the seller must pay the buyer's costs related to continuing forest land obligations, including all legal costs and reasonable attorneys'fees incurred by the buyer in enforcing the continuing forest land obligation against the seller. Failure by the seller to send the required notice to the DNR at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forest land obligation prior to sale. QQ-46W(11-20-2007) page 2 of 2 �aN STATF�o MASON COUNTY r1 C 7 DEPARTMENT OF COMMUNITY DEVELOPMENT o A U 7= Planning Division r o T z P O Box 279,Shelton,WA 98584 N �aJ Y aoY (360)427-9670 186A DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2010-00053 Description of Proposal This SEPA is associated with an application (VAR 2010-00005) for a release from a six-year development moratorium which was incurred as a normal condition of a Class III Forest Practices Application (FPA 2409811). The moratorium became effective on 5/27/04 and has been renewed twice since then. The procedure for release from moratorium is per Mason County Ordinance MCC 11.04.400. The moratorium would other wise expire on 5/16/14. The site is generally flat with a bench and slope of approximately 44%. The site has been reviewed after the fact to the standards of the Mason County Critical Areas Ordinance and a geotechnical report as well as a stormwater and erosion control plan (per Mason County Building Coded 14.48) have been reviewed and checklists approved by Mason County. The site does show evidence of serving as woodpecker habitat and Manke did a good job of leaving forage trees and snags. No other critical resources present. Proponent: THE RIDGE MOTOR SPORTS GROUP. L Location of Proposal: W EELLS HILL RD SHELTON Parcel Number: 420042400000 Legal Description: SE NW SURVEY 28/41 Directions to Site: On north side of Eells Hill Rd, across from, and NW of County Transfer Station_ Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Michael MacSems at ext. 571 or mms@co.mason.wa.us with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Dept. of Community Development, P.O. Box 279, Shelton WA 98584 by 7/28/2010. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. 1 -4 ��Aut orized Lo overnment Official Dat Arc1MN viewer . I K ti "y4 x,st fr a }ky VAS Za1u dQac�S SeP Z-G C/ -0a6 �3 "14 )_ http://mapmason.co.mason.wa.us/website/mason/MapFrame.htm 1/12/2010 MASON CO. ENVIROMENT ft D A. BACKGROUND JUN 14 2010 1. Name of proposed project, if applicable: MASON CO. PLANNING DEPT. -Try '4arVe'C'11 2. Name of applicant: C�IeV�1oy N6v'-'40 r 1f 4" 3. Address and phone number of applicant and contact person: /; 001 jobae'lI 3CO'570-6657 W" 5horr-- Aor" Drtyf-- Q(ymr,xi, L✓cyh& n 9051C 4. Date checklist prepared: 2-03o 5. Agency requesting checklist: �` J 7L 6. Proposed timing or schedule (including phasing, if applicable): CxMpJ,JexA In oae Phases 7. Do you have any plans for future expansion, or further activity related to or connected with this proposal: if yes, explain. NO cr9l ti1g 0 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. E-"v,von#'nt-tI dv-Jlr�f -JSr rezolie., prqct - NOv- `l-, `Z°09 by 14a5 �c�n�r � cvw,lNc� ���v\c.Se_� �vc�S�a� � �011LA� 10� �rRe f �n p 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 9e.ZoO e, 10. List any government approvals or permits that will be needed for your proposal, if known. DAM 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) t ZUa - 14 9.6��,res aA�t +ZoO ' !o 4 Qo o 0 o-C- u pmx;m c€4dy l2 aC-fe6 12. What is the location of the proposal? Give sufficient information for a person to understand the precise location of your proposed project including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. p POP&A'e-q are.. cxpff)(iMa.W y 0.3 fy11'6 We.51 Of Dj n Air r4- Xock Qn Wei;4 Ells W1 lei, and 1.07 • l'45 We-s4- 0-� t� 5h,tlfo urban 6yvoA Artv, bp4ndary B. ENVIRONMENTAL ELEMENTS: 1. EARTH: a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, jjmountainous, other 6e�04"Cdl� ` faf' wi-d 1`idy- of G����7fi!►'Iot lY q-O% 5;1"i0e-- b. What is the steepest slope on the site (approximate percent slope)? °/ C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. 6rvve.- 9 favel ly 5a►Jy Iflpm and Ly54�- 10cftl y SOf)J d. Are there surface indications or history of unstable soils in the immediate vicinity: If so, describe. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. 1 j f. Could erosion occur as a result of clearing, construction, or use: If so, generally describe. u5 a �,�rA1f of C,le" in T C:cv��c g. About what percent of the site will be covered with impervious surfaces after project constructions (for example, asphalt or buildings)? h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: /VO /OykcA Of-aril VA 5+ttf 61ope,5. Leove- (,.�Pl C��51-ur�� G;5 /►'1 tom ct S /- }��� SlCJ9-5�1-- L4:L a _ Zy a c- 2. AIR: 'w"-1 i or.SeZA a. What types of emissions to the air would result from the proposal (i.e. dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known. Dv4- and -Furey b. Are there any off-site sources of emissions or odor that may affect your proposal? if so, generally describe. C. Proposed measures to reduce or control emissions or other impacts to air, if any: yoile-'- 3 WATER: a. Surface: f the 1} Is there any surface water body on °atwatern the ' akes,i ponds'vicinity wet�ands)?site If(yes' de 9 ribs year-round and seasonal streams, sl type and provide names. If appropriate, state what stream or river it flows into. Iv4 . 2) Will the project require any work over, in, or adjacent to (within 200 feet)the described waters? If yes, please describe and attach available plans. /V O- 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. NO n e,. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. /1/Cl, 5) Does the proposal lie within a 100-year filoodplain? if so, note location on the site plan. /VO i 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. /V0. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. 5, pro eN. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example; domestic sewage, industrial, containing the following chemicals..., agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. NO)If - C. Water runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this flow into other waters? If so, describe. )L f G f Z�Y-MWct� �p4rO)I`�L./' 011-514P- U� Ih -11 �7��►7 2) Could waste materials enter ground or surface waters: if so, generally describe. or' /eak5 6 rveAlf q � 1 d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: rry gtor► cve4rQI arwt )O°flie.4i Oeesw�a' P qn 4. PLANTS: a. Check or circle types of vegetation found on the site: / deciduous tree: alder, maple, aspen, other c/ evergreen tree: fir, cedar, pine, other I/ shrubs �-grass pasture crop or grain wet soil plants: cattail, buttercup, bulirush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Ooc1145 For, C. List threatened or endangered species known to be on or near the site. �hknoiwp1 . d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: 1144u ra I oN c)dcll d 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: aw eron,4gW ng I ther UUoc,r(rl'�J� Mammals: ea elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Un C. Is the site part of a migration route? if so, explain. d. Proposed measures to preserve or enhance wildlife, if any: 6. ENERGY AND NATURAL RESOURCES: a. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. ! �2' �Yr` "��,/✓1 (�t1^�! �'�✓i✓1S! r �-�17t') �`�dI��NLC'✓�� b. Would your project affect the potential use of solar energy by adjacent properties: if so, generally describe. /VO . C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: /V 7. ENVIRONMENTAL HEALTH: a. Are there any environmental health hazards, including exposure to toxic tchemicals, sk{ Sore and explosion, spill, or hazardous waste, that could occur as a result of h proposal? describe. P ll c, e.tix&Le4+ 1) Describe special emergency services that might be required. 11nY L46& rnuy r c rrz.- ern er-q e4,cy Se.-viT c-P-s 2) Proposed measures to reduce or control environmental health hazards, if any: /VoAe,- b. Noise. 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? ___- c-. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hour's noise would come from the -site. 3) Proposed measures to reduce or control noise impacts, if any: lvor mcL 8. LAND AND SHORELINE USE: a. What is the current use of the site and adjacent properties? / t fnb&r l arve-JI- I IC f �� b. Has the site been used for agriculture? if so, describe. Ke.4,, *iplber- c. Describe any structures on the site. NQile,_ d. Will any structures be demolished? if so, what? 1014 e. What is the current zoning classification of the site? Ram recA va1 2-0 f. What is the current comprehensive plan designation of the site? g. If applicable, what is the current Shoreline Master Program designation of the site? !-v/!A h. Has any part of the site been classified as an "environmentally sensitive" area? if so, specify. C-�,- CJ i. Approximately how many people would reside or work in the completed project? Nang, _ j. Approximately how many people would the completed project displace? 42, k. Proposed measures to avoid or reduce displacement impacts, if any: Alon�- 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: a pil5. Fo ¢,�/ �a�� u5� and de�elJi 1^ � g. HOUSING: a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. A/oM b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Ionkl C. Proposed measures to reduce or control housing impacts, if any: 0 Vie- 10. AESTHETICS: a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? v/A b. What views in the immediate vicinity would be altered or obstructed? 11 e, C. Proposed measures to reduce or control aesthetic impacts, if any: one, 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? b. Could light or glare from the finished project be a safety hazard or interfere with views? /V0, C. What existing off-site sources of light or glare may affect your proposal: NO - d. Proposed measures to reduce or control light and glare impacts, if any: A/0nQ-,. 12. RECREATION: a. What designated and informal recreational opportunities are in the immediate vicinity? � o, ac �v� Gcs perm'- in 5urrnund��q a.reO5_ PiS btA r5J I"" 1 � } b. Would the proposed project displace any existing recreational uses? If so, describe. MO . s C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13. HISTORIC AND CULTURAL PRESERVATION: a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or-next to the site? If so, generally describe. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. vn Knawn, C. Proposed measures to reduce or control impacts, if any: /VQYI e, - 14. TRANSPORTATION: a. Identify public streets and highways serving the site and describe proposed access to the existing street system. Show on site plans, if any. V&51+ cf.1I 7 HI- 11 ROCJ . b. Is site_currently served by public transit? If not, what is the approximate distance to the existing street system? Show on site plans, if any. C. How many parking spaces would the completed project have? How many would the project eliminate? Non'0 . d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). y�f'ev.ovs l y ���� e. Will the project use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. Ale, f. How many vehicular trips per day would be generated by the completed project: If known, indicate when peak volumes would occur. 1��yve S 1 j S Cow►Y7z';"k-- A/0ni--, g. Proposed measures to reduce or control transportation impacts, if any: blot, -- - 15. PUBLIC SERVICES: a. Would the project result in an increased need for public service (for example: fire protection, police protection, health care, schools, other)? If so, generally describe: b. Proposed measures to reduce or control direct impacts on public services, if any: �5 � s � �l 16. UTILITIES: a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: /L/' b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Signature: The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: &X0,/ L;�� Date submitted: ,��D ESA LISTED SALMONIDS CHECKLIST .aplicant Information Project In �imation 1 ,04d �,� ��/ Name Name' �le� ( 6 Phone r� 70 Location (At gels Description . This worksheet was designed to help project proponents, and government agencies, identify when a project needs further analysis regarding adverse effects on ESA(Endangered Species Act) listed salmomds. Salmonids are salmon, trout and chars, e.g. bull trout. For our purposes, "ESA Listed Salmonids"is defined as fish species listed as endangered, threatened or being considered for listing. . If ESA listed species are present or ever were present in the water shed where your project will be located, your project has the potential for affecting them, and you need to comply with the ESA. The questions in this section will help determine if the ESA listings will impact your project. The Fish Program Manager at the appropriate Department of Fish and Wildlife (DFW) regional office can provide information for the following two questions. i Are ESA listed salmonids currently present in the watershed in which your project will be located? YES NO _ Please describe. 2. Has there ever been an ESA listed salmonid stock present in this watershed? YES NO )— Uncertain Please describe. If you answered "yes" to either of the above questions, you should complete the remainder of this checklist. April 2003 k Mason County Environmental Checklist Page 15 5Th7v RECEIVED -Z— Z JUL, 212010 h State of Washington MASON CO. PLANNING DEPL Department of Fish and Wildlife 48 Devonshire Road, Montesano, Washington 98563-9618(360)249-4628 FAX(360)249-1229 July 26, 2010 Mason County Department of Community Development Michael MacSems Post Office Box 279 Shelton, WA 98584 Dear Mr. MacSems: SUBJECT: Determination of Non Significance (DNS) of State Environmental Protection Act (SEPA) SEP2010-00053 for the Release from a Development Moratorium (Forest Practice Application#2409811); Ridge Motor Sports Group/Manke; Section 4, Township 20 North, Range 04 West, Mason County, WRIA 14 and 22 The Washington Department of Fish and Wildlife(WDFW) appreciates this opportunity to provide comments regarding the release of this property,from a development moratorium. The subject property has been identified as having Mazama pocket gophers. Mazama pocket gophers are considered a priority species under the Washington State Department of Fish and Wildlife Priority Habitat and Species program and are currently listed as State Threatened due to population declines and elimination of prairie habitat by development and other land uses. Prior to projects with potential impacts to Mazama pocket gopher such as stumping and development, WDFW requests that the proponent hire a wildlife consultant to perform a field survey of the subject property for Mazama pocket gopher mounds. The findings of the mound survey and a Mazama pocket gopher management plan shall be reported to WDFW at the address noted above. You may access WDFW's management recommendations with the following hyperlink. • Management Recommendations for Mazama Pocket Gopher[PDF]- Updated December 2009 o List of Consultants trained by WDFW for Mazama pocket gopher survey protocols[PDF] Michael MacSems July 26, 2010 Page 2 Thank you for the opportunity to provide these comments. If you have any questions,plc ase contact me at 360-249-1293. Sincerely, Gloria Rogers Area Habitat Biologist Cc: Dave Kloempken, WDFW,Assistant Regional Habitat Program Manager(email) Jeff Skriletz, WDFW, Area Wildlife Biologist Teresa Eturaspe, WDFW, SEPA Coordinator(email) WRIA 14 and 22 File, Olympia(email) EX yi Mason County Department of Community Development ULL Submittal Checklist For a Geotechnical Report J . V Instructions: , This checklist must be submitted with a Geotechnical Report and completed,signed, and stamped by the licensed professional(s)who prepared the Geotechnical Report for review by Mason County pursuant to the Mason County Resource Ordinance. If an item found to be not applicable,the report should explain the basis for the conclusion- 't�ZOOO 10 0'�000/ +?004 OU 000U0 Applicant/Owner lkt.' A4r5,e0rJc, 6"4rcel# 4200f- kt 00000 Site Address (1) (a)A discussion of general geologic conditions in the vicinity of the proposed development, Located on page(s) 4; (b) A discussion of specific soil types Located on page(s) 7 (c) A discussion of ground water conditions Located on page(s) 9 (d) A discussion of the upslope geomorphology Located on page(s) (e) A discussion of the location of upland waterbodies and wetlands Located on page(s) 4 (f) A discussion of history of landslide activity in the activity in the vicinity, as available in the referenced maps Vim; d records Located on page(s) 1QqWdVm -40—' 14-2 (2) A site plan which identifies the impor"6nt dev'el'0 nt and geologic features. Located on Map(s) 2q,A) 1 duildum (* A (3) Locations and logs of exploratoryholes or probes. Located on Map(s) 6�k- ) a"►�, CA 2'9'A� I 1 .1 (4) The area of the proposed development, the boundaries of the hazard, and associated buffers and setbacks shall be delineated(topr, botp sides,a d toe)on 6'geologic map of the site. Located on Map(s) Zvt(Ale 01JUM GAe- Pan (5) A minimum of one cross section at a scale which adequately depicts the subsurface profile,and which incorporates the details of proposed grade changes. Located on Map(s) rpj ffif�Le, C'. (6) A description and results of slope stability analyses performed for both static and seismic loading conditions.Analysis should examine worst case failures.The analysis should include the Simplified Bishop*s Method of Circles.The mk*ntxn static safety factor is 1.5,the minimum seismic safety factor is 1.1. qnd the quasi-static analysis coeffients should be a value of 0.15, Located on page(s)IV 4. Q., Addmjv,. )o,2 f 4 cF lotf- 9 (7) (a)Appropriate restrictions on lacement of drainage features Located on page(s) /?? , wdavv\ '0,4 (b) Appropriate restriction's on placement df septic drain fields Located on page(s) /I (c) Appropriate restrictions on placement of compacted fills and footings Located on page(s) Page I of 2 Form Effective June 2008 Disclaimer: Mason County does not certify the quality of the work done in this Geotechnical Report. I (d) Recommended buffers from the landslide hazard areas shoreline bluffs and the tops of other slopes on the property- Located Located on page(s) /3 -� /�o v���a7 5A9�?rs (e) Recommended setbacks from the landslide hazard areas shoreline bluffs and the tops of other slopes on the roperty Located on pages) I geG +id (8) Recommendations for the preparation of a detailed clearing and grading plan which specifically identifies vegetation to be removed, a schedule for vegetation removal and replanting, and the method of vegetation removal- Located on page(s) /3 (9) Recommendations for the preparation of a detailed temporary erosion control plan which identifies the specific mitigating measures to be implemented during construction to protect the slope from erosion, landslides and harmful construction methods. Located on page(s) �/ (10) An analysis of both on-site and off-site impacts of the proposed development. Located on page(s) L7_, A �_7� (11) Specifications of final development conditions such as, vegetative management, drainage, erosion control, and buffer widths.�n � g� � Located on page(s) ( _/,' ' ;4d deVId(.�m /9,+ (12) Recommendations for the preparation of structural mitigation or details of other proposed mitigation. Located on page(s) N�/4 (13) A site map drawn to scale showing the property.boundaries,scale,.north arrow, and the location and nature of existing and p oposed develo meat o the site. Located``on Ma s 0( rev M dh 1, l L� 1 Ci�yole� 7� hereby certify under penalty of perjury that i am a civit engineer licensed in the State of Washington with specialized knowledge of geotechnical/geological engineering or a geologist or engineering geologist licensed in the State of Washington with special knowledge of the local conditions.I also certify that the Ge otechnical i ( / Aj't'6„dV"\ I Report, dated g Z©10,,and entitled 6eo"K« g i � 7�/y-7 2oi° �/ / r fi r r-6 9VQL1je meets ail the requirements of the Mason County Resource COVInance.Landslide Hazard Slection.is compute and true,that the assessment demonstrates conclusively that the risks posed by the landslide hazard can be mitigated through the included geotechnical design recorninendations,and that all hazards are mitigated in such a manner as to prevent harm to property and public health and safety.(Signature Md Stamp) GLYOP S W-7/fo 43045 �r �`rIONAt.: �i Page 2 of 2 Form Effective June 2008 Disclaimer: Mason County does not certify the quality of the work done In this Geotechnical Report. Ex .. ... Pf 9 i S O `I- Ni}ason County Starmwater Checkllst Mininn4 Requirements of 1992 Stormwater Manual The stormwater checklist identifies the minimum requirements of the 1992 Stormwater Manual. The checklist is intended to identify the locations within the plan that addresses the minimum requirements. Masan County will not perform a technical evaluation of the submittal. Rather,the checklist provides a guide to allow Mason County to review the J' submittal and determine if the applicant has addressed the minimum features that make � up a stormwater plan. It is incumbent upon the applicant and hiss engineer to fulfill all the applicable requirements of the 1992 Stormwater Plan as it relates to the proposed project. Review by Mason County is intended to determine if the plan has addressed the minimum requirements and should not be considered a review for technical accuracy of the plan. Duringconstruction of the o' the stormwater plan project, p engineer of record or his/her authorized representative slW1 inspect the site to ensure the stormwater plan is being s implemented as designed. Upon completion of the project,the engineer or his authorized d. representative shall be required to certify that the stormwater plan has been implemented as designed. L C� Failure to meet the mini mufn requirements could result in delay or rejection of the O ,fin application until the deficiencies are corrected. �-- #'i:EMWon and figg ►SM CoOM.Ab new development and redevelopment that includes Land disturbing activities of one we or greater shall comply with erosion and sediment control requirements 1 through 14,bolow.Compliance with the Erasion and Sediment Control Requirements shall be demon4trated through Implementation of a large �-pl�n ge parcel erosion and sediment control plan. All new development and redelvelopment that includes land disturbing activities of less than one v acre shall comply with the smz df parcel minimum requirements found in Section 14.48.130, -� Compliance with lute small parcel requirements shall be demonstrated through irrplemenfiation of � a small parcel erosion and sediment controf plan. Erosion and Sedimeni C Requirement#1:Stabilization and Sediment Trapping. 4- x See page/paragraph ,, 9 r 7,Q 7. 6 Erosion and Sediment Control Requiremgnt#2:Delineate Clearing and Easement Limits. Q_ See Page/paragraph_. , 0 ( S a. . 6,:Q Erosion and Sediment C trol Requirement#3:Protection of Adjacent Properties. See page/paragraph 9 S c- -7P Erosion and Sediment Control Requirement#4:Timing and Stabilization of Sediment Trapping Measures. See page/paragraph 4 5e G-7 1 . Erosion and Sediment Contcd Requirement#5:Cut and Fill Slopes. See page/paragraph 0. . 1®° se Erosion and Sediment Control Requirement#a6:Controlling Off-Site Erosion. See page/paragraph01 7, Erosion and Sediment Control Requirement#7:Stabilization of Temporary Conveyance Channels and Outlets. See page/paragraph Erosion and Sediment Control Requirement#8:Storm Drain Inlet Protection. See page/paragraph Erosion and Sediment Control equirement#®•Underground Utility Construction. See page/paragraph 12,� 5,e C_ 7 Q Erosion and Sedimeni ControlR equirernent#10:Con struction Access Routes. See page/paragraph , +- � 7` Erosion and Sediment Control Requirement#11., Removal of Temporary BMPs. See taSelparagraph C ier- (, �D Erosion and Sediment Control Requirement#12:Devratering Construction Sites. See page/paragraph ��-� ) Erosion and Sediment Control Requirement#13:Cortrol of Pollutants Other than Sediment on Construction Sit See page/paragraph ,;J 3 Erosion and Sediment Control Requirement#14:Maintenance. See pagelparagraph----f� 1------� 9.0 d- 9, f d- $112.)i Erosion and Sediment CpMol Requirement#16:Financial Liability. See page/paragraph rJ ,lob- t�S.e C 9, 2 []#2: Preservation of Naturdl Qronage fiystams. Natural drainage patterns shall be maintained,and discharges from the site shall occur at the natural location to the maximum extent practicable. See page/paragraph 5 4--1 ❑#3: Source Control of Potfution.Source control BMPs shall be applied to all projects to the maximum extent practicable.Source control BMPs shall be selected,designed,and maintained according to an approved madual. See page/paragraph ll� /� #4:#tnoff"FMMJUIM BMt&All projects shall provide tra*nent of stormwater.'Treatment BMPs shall be sized to capture and treat the water quality storm,defined as the six�rionth, twenty-four hour storm. The first priority for trea"ent of stomiwater shall be to infiltrate as much as possible of the water quality design storm into the ground. Pretreatment of stormwater prior to infiltration into the ground maybe requlr See page/paragraph-7er,-Sil 2 []05:Streambank Erosion Control.The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a strewn, and must be met in addition to meeting the requirements in minimum r�uirement#4,Runoff Treatment BMP's. See page/paragraph ❑#8:Wetlands.Stormwater,discharges to wetlands shall mvintain the wetland's natural hydroperiod and flows to the gxtent needed to preserve or entrance its existing functions and values.Prior to proposing dis harge of higher volumes of stornwater to a wetland,alternative discharge,detention,and int"tion practices located in areas;outside the wetland shag be evaluated and employed by the projl�Vngineer where feasible and practicable. See page/paragraph e� 07:Water f ality Spnsitiie Areas.Where the Mason County commissioners or their designee determine that their inimLan requirements do not pn)vide aditiate protection of water quatify sensitive areas,either cirri-site or within the basin,mom,stringent controls shall be regtsred to protect water quality.An adopted and implemented basin plan(minimum requirement#9)may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin. Seepage/paragraph :LL�_1✓_�� ❑#8: tp Analysis an8 eultictation.Downstream Analysis May Trigger Additional Requirements.The project en shall provide a detaried quaNtathre analysis of the flow path of the discharge from the prof d site to the recxaving water.Tilis reqtkement shall apply to all projects where a drainage erosion control plan is prepared,including those proposing retention facilities.This anal 's shalt include flow routing,and provide existing pipe and channel sizes and estimated . in addition,the project engineer shall discuss any known or expected downstream erosion.flooding,or water quality problems,Including those that may be caused by intwftvV from the proposed retention facility.The director or designee shalt have the discretion to specify the d istarice and level of detail to be provided by the project engineer.In making this determination,the director or designee shall consider such factors as the relative size of the new development,availability of other hydrologic work for the drainage area,and the extant to which stormwater generateO on the p ad site Is to lnfit;rated. See page/paragraph ❑#9i Basin Plangi>jgse.Basin pi i pupersedes Manual Seepage/paragraph #10: 0 ioii,and'Malnjce.An operation and maintenance schedule shall be provided for all proposed stormwater fabilities and BMPs,and the party(or parties)responsible for maintenance and'operation shall be identified.An operation and maintenance(O&M)covenant will be required to cover all privately owned and maintained stormwaterfacilities approved by the director.O&M Covenant forms are available at the Mason County public works office.A copy of the completed instrument shall be recorded with the county auditors'office by the proponent and a copy of the recorded instrument is required to be submitted to the public works department prior to final approval of the completed permanent stormwater facilities. See page/paragraph + Q, j 2 3 a#11: Financial Liability. Performance'bonding,or other appropriate instruments shall be required for all projects to endure compliance with these standards, See page/paragraph , i' I certify that the stormwater plan submitted for this project fulfills the applicable provisions of the 1992 Storfnwater Manual. Engineer ! Date Applicant Date tit CLYD' WAS r Js�'ctsrE�G I()NAL I 4 August 5, 2010i a � To: The Mason County Hearings Examiner 411 N 5Th Street Shelton,WA 98584 Re: VAR2010-00005 Description of Proposal: Forest Moratorium Waiver/Release Application for 2 lots: 420042400000&42004100000 Proponent: Ridge Motorsports Group, LLC Location of Proposal: W. Eells Hill Road Lead Agency: Mason County We would like to request that the Moratorium on the parcels mentioned above, remain in place . We are a little confused as to what this action really is. In the Notice of Public Hearing it states a removal of the moratorium, but the variance says a waiver or release. There is a huge difference here. According to Mason County Code TITLE 11.04.080-Moratorium waiver: The moratorium may only be waived for the purposes of constructing a single-family residence or outbuildings, or both, on a legal lot and building site. Mason County Code Title 11.04.100-Waiver-Process (c) Standards for waiving the moratorium: (1) The development area shall be no larger than two acres in size. Now if it's a Moratorium removal, Mason County Code,Title 11.04.140,states under© Standards and findings required for removing the moratorium: (4)The proposed development shall be consistant with the county plan and development regulations. Since the land in question is currently zoned as RR20,which means one residence for every 20 acres,we don't see the use of removing the moratorium. We are fully aware of what Ridge Motorsports Group LLC wants to put on this land, and it is not zoned for this. As of this time it has not been rezoned and we have been told many times, by the county that the rulings are for how it is now, not for something that may happen in the future. In conclusion we feel, that according to all the Mason County Codes,there is no legal reason to grant this request, whether it is the Waiver/Release or the Removal of the moratorium. Respectfully, Rick and Cherie Blake August 3, 2010 "CEWED To: The Mason County Hearings Examiner AUG 0 6 2010 411 N 5th Street Shelton, WA 98584 MASON CO. PLANNING DEPT. Re: VAR2010-00005 Description of Proposal: Forest Moratorium Waiver/Release Application for 2 lots: 420042400000 & 42004100000 Proponent: Ridge Motorsports Group, LLC Location of Proposal: W Eells Hill Rd Lead Agency: Mason County We respectfully request that the Moratorium on the above mentioned parcels remain in place. Mason County Code, Title 11.04.140 - Moratorium removal process (c) Standards and findings required for removing the moratorium: (4) The proposed development shall be consistent with the county plan and development regulations. The key to that statement is shall be consistent with development regulations. The land in question is currently zoned as RR20. We do not see the point of granting a moratorium removal for a RR20. We do not feel you should rule on what"might"be developed. We chose to make this area our home due to the peace and tranquility this area has to offer. It is our sanctuary. We purposely chose to live out in an area where we would not have to worry about noise, traffic gridlock, and most certainly, a race track. This area is forest lands with a smattering of homes and tons of wildlife. Please help us keep it this way. Respectfully submitted, Claud and Carole Blake IY44� Cc��-�1�