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HomeMy WebLinkAboutMEP2018-00022 Clearing 2 parcels - MEP Permit / Conditions - 8/14/2018 yoN_STATFO� MASON COUNTY A o N DEPARTMENT OF COMMUNITY DEVELOPMENT o N z Planning Division N 1 Y 615 W Alder St, Shelton, WA 98584 1864 (360)427-9670 MASON COUNTY ENVIRONMENTAL PERMIT August 14, 2018 FIVE STAR INVESTMENT GROUP LLC C/O BRIAN PETERSEN P O BOX 370 Parcel Number(s): 122063190081 122063190082 Expiration Date: 8/14/2020 12:00:OOA Date Issued: 8/14/2018 Case Number: MEP2018-00022 Project Description: MASON ENVIRONMENTAL PERMIT SUBMITTED FOR CLEARING OF PROPERTY WITHIN A LANDSLIDE HAZARD AREA (SEE ENF2018-00006) The following critical areas are present on this property: Long-Term Commercial Forest FWHCA Ch. 17.10.060" Ch. 17.01.110-1 Mineral Resource Lands Frequently Flooded Areas Ch. 17.01.066, Ch. 17.01.090-1 Inholding Lands XX Landslide Hazard Areas Ch. 17.01.062, Ch. 17.01.100-1 Wetlands Seismic Hazard Areas Ch. 17.01.070, Ch. 17.01.102-1 Critical Aquifer Recharge Erosion Hazard Areas Ch. 17.01.080-1 Ch. 17.01.104. This permit, with conditions, is granted pursuant to the Mason County Resource Ordinance (Chapter 17.01 MCC.) Nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project. This permit may be rescinded if the permitee fails to complete the project as proposed or fails to comply with the standards of this ordinance. A thorized Local Government Official Date 8/14/2018 Page 1 of 2 MEP2018-00022 MASON COUNTY ENVIRONMENTAL PERMIT 8/14/2018 Case No.: MEP2018-00022 Conditions: No permit or exemption authorizing construction shall extend for a term of more than five years. If actual construction of a development for which a permit has been granted has not begun within two years after approval, the Review Authority, the Mason County Planning Department, shall review the Mason Environmental Permit(MEP)and upon showing good cause, may extend the initial two year period by one year. No permit shall be extended unless the applicant has requested such review and extension prior to the exporation date. Signature Date OWNER - REPRESENTATIVE - CONTRACTOR Print Name (Circle one to indicate) 8/14/2018 Page 2 of 2 MEP2018-00022 t SON ENVIRONMENTAL PERM 1Is.00 Mason County Permit Center Use: ❑ MASON ENVMONMENTAL PERMrr w1TH HABITAT MANAGEMENT PLAN:$1500.00 MEP 2 616 - 600 as ❑ CONDITIONAL USE: $2000.00 QQ Date Rcvd MASON COUNTY RECEIVED DEPARTMENT OF COMMUNITY SERVICES AUG 0 9 2018 615 W. Alder Street Mason County Resource Ordinance(Chapter 17.01 MCC) ENVIRONMENTAL PERMIT APPLICATION The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical areas and is under the authority of Chapters 36.32,36.70A, 39.34, 58.17,76.09, 84.33, 84.34 and 90.58 RCW. PLEASE PRINT 1. PROPERTY OWNER Name: F/t/i-- 5 —/ ,9< 0 1��57�'I s T .r LLS Mailing Address: pe/1). y7O LF/9i2 (�Iq z 9 Work Phone: 36 7! $- 5 Email Address: r -<VL*n h e e Home/Cell Phone: << << Fax#: `3 Q 2 6 .7S If an agent is acting for the property.owner during the permit process, complete#2. 2.AUTHORIZED AGENT Name: Mailing Address: 7� Work Phone: Email Address: , < Home/Cell Phone: Fax# e*r 3.PROJECT SITE Site Address: �j cL Ffj cCZ v� �"S'2S' Parcel#: J ZZD6 Legal Description: Directions to Site: Attach a site plan showing the following: Lot Dimensions,Flood Zones,Existing Structures,Fences, Water Lines,Driveways,Drainage Plans,Shorelines,Septic System,Topography,Proposed Improvements,Easements,North Arrow,and Scale. Also draw a separate topography diagram. V Rctir... ho, 201► 4. State which section requites permit: ❑ Long Term Commercial Forest,Chapter 17.10.060 ❑ Frequently Flooded Areas,Chapter 17.01.090 ❑ Mineral Resource Lands, Chapter 17.01.066 ❑ Landslide Hazard Area, Chapter 17.01.100 ❑ Aquifer Recharge Area,Chapter 17.01.080 ❑ Seismic Hazard Areas,Chapter 17.01.102 )(Erosion Hazard Area,Chapter 17.01.104 ❑ Fish& Wildlife Habitat Conservation Areas,Chapter ❑ In-Holding Lands,Chapter 17.01.062 17.01.110 ❑ Wetlands,Chapter 17.01.070 5. Identify current use of the property with existing improvements: or ID 6. Identify and describe the proposed project, including the type of materials to be used,construction methods, principle dimensions, and other pertinent information(attach additional sheets, if needed): rrz G I l�Cl is- /e 7�- 7. Describe why the action requiring this permit cannot be avoided. C/kl Y �CJ i�. ir cl . t i�2� �,/�� �ddci✓l�C �G�sYr �iv. 8. Will there be an alteration of a wetland and/or wetland vegetation area(circle one)? Yes o 9. ldentify any surface water ow adjacent property(circle one): Saltwater Lake S ref a Pond Wetland Drainage Ditch i i 10. Identify existing septic/sewer connection(circle one): If septic is located on project site, include records. Connected to Septic Connected to Community Septic 11. Identify existing water supply(circle one): ublic Water Supply Well 11. Type of Job(circle one): New Add Alteration Repair Demolition Ot i7dY I i Print Name Signatur Date keviicd hnsr 201[, i MASON COUNTY Community Development Code Enforcement COMMUNI SERVICES 615 helton:360-427-9670,Ext.3 928584 TY Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 NOTICE OF VIOLATION ORDER TO CORRECT VIOLATION Violation Order File: ENF2018-00006 The undersigned certifies and states that: Name of Owner: Five Star Investment Group LLC Mailing Address: PO Box 370 Belfair,WA 98528 Location of Violation: Parcel# 12206-31-90082/12206-30-90081 DESCRIPTION OF VIOLATION(S): 1)Land Clearing without a geotechnical report in a Geologically and Erosion hazardous area/buffer. STATE LAW OR MASON COUNTY CODE(MCC)SECTION(S)IN VIOLATION: 1. MCC 8.52.140 (C) Land Uses a. (2) Permit Required Uses. Permits are required for all new construction, grading, land clearing, and other uses subject to Section 8.52.050, and any Class IV Conversion Permit pursuant to the State Forest Practices Act which involves conversion to a permit required use, and are within a geologically hazardous area or its buffer. Permit required use in or within three hundred feet of a geologically hazardous area requires a special report, see subsection (E). 2. MCC 8.52.140 (4) Development Standards. Any land use on landslide hazard areas or their buffers shall conform to the following standards: • (A) Land Clearing. (i) Within this section, "Land Clearing" is defined as the cutting or harvesting of trees or the removing or cutting of vegetation so as to expose the soil and which is not otherwise exempt from this section. (ii) Land clearing in landslide hazard areas or their buffers is permitted when it is consistent with the recommendation and plans contained in the geotechnical report and development approval. (iii) If there is no geotechnical report for the site, land clearing is not permitted: however removal of danger trees, selected removal for viewing purposes of trees less than six inches dbh (diameter at breast height) and trimming or pruning of existing trees and vegetation is allowed with the qualifications cited herein. Danger trees shall be identified with the recommendation of a member of the Association of Consulting Foresters of America, an arborist certified by the International Society of Arboriculture, or with the recommendation of a person qualified to prepare a geotechnical report if removing trees for slope stabilization purposes. Removal of trees less than six inches dbh shall be limited to less than two percent of the total number of trees of that size or larger in the hazard area. Removal of multiple trees in a concentrated area, i.e., within a distance of twenty- five feet of each other, shall be accompanied by replacement by deep rooting native shrubs or other vegetation that serve similar moisture and erosion protective functions to that provided by the removed trees.Trimming and pruning shall be accomplished in accordance with pruning standards of the International Society of Arboriculture, as published in "ANSI A300-95" or subsequent updated versions in order to minimize the potential for long-term damage to the trees. (iv) Removal of selected trees and ground cover is allowed without a permit for the purpose of surveying and geotechnical exploration activities that do not involve grading, provided that re-vegetation of the disturbed areas occurs immediately afterward. (v) Land clearing for which a permit has been obtained shall not be allowed during the wet season, i.e., from October 15 through May 1, unless special provisions for wet season erosion and landslide protection have been addressed in the geotechnical report and approved by the director. 3. MCC8.52.160 (C) Land Uses. a. All uses and activities within erosion hazard areas are subject to the development standards of this section. 4. (D) Development Standards. And land use on erosion hazard areas shall conform to the following standards: a. (1) Development in erosion hazard areas must be in compliance with Section 8.52.050, and standards and requirements in Section 8.52.140 of this Chapter. b. (2) No land clearing or grading activities shall be performed in an erosion hazard area prior to obtaining a grading permit, subject to approval by the director, based on the recommendations contained in the geotechnical report. c. (3) Upon application for a building permit, if the director finds that the proposed development is within an erosion hazard area, the county shall require the applicant to submit a soil erosion and sediment control plan prepared by a professional engineer licensed in the State of Washington. The plan may be included as an attachment in the geotechnical report. The soil erosion and sediment control plan shall specifically and realistically identify temporary and permanent measures of erosion control. MASON COUNTY Community Development Code Enforcement W.Alder Street—Shelton, A • COMMUNITY SERVICES 615 Shelton:360 427 9670,Ext.3528584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 d. (4) Wet Season Operations: Clearing on an erosion hazard area shall be limited to the period between May 1—October 15. If wet season operations are sought, the applicant shall provide erosion and sedimentation control plan prepared by a professional engineer licensed in the State of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. e. (5)The soil erosion and sediment control plan shall provide for protection of the development area and disturbed surfaces not involved in the immediate development operation using best management practices (BMP) such as sediment traps, check dams, stabilized construction entrances, storm inlet protection, silt fencing, mulching or other effective means of soil protection. f. (6) Runoff from activities subject to a development permit shall be properly controlled to prevent erosion. g. (7) Continued Responsibility: It shall be the responsibility of the property owner and the permittee to ensure that accelerated erosion does not occur during and after the project construction. Additional measures, beyond those specified in an approved soil erosion and sediment control plan, may be required by the director as deemed necessary to control erosion after project completion. ACTIONS REQUIRED TO CORRECT: 1. Stop work and have an engineer conduct geotechnical report then submit report for review along with grading permit and Temporary and Permanent Erosion Control Plan for work done in the Geologically and Erosion Hazardous Area. In order to correct this violation; immediately stop all work of land clearing. Contact Mason County Community Development for guidance either in person at 615 W.Alder Street Building 8 or by phone 360-427-9670 Ext. 363. • w MONETARY PENALTY A monetary penalty will be assessed against you for each and every day, or portion thereof during which subsequent violations of Mason County Code 8.52.140 continue beyond April 31, 2018. The amount of the penalty per day, or portion thereof for each day the violation continues beyond April 31, 2018 accrues at the following rate: *** First violation: $250 per day or portion thereof Penalties cease to accrue only when the violation is corrected and the issuing compliance officer has certified compliance. Inspections must be completed to verify compliance and cease accrual of monetary penalties. PAYMENT OF PENALTY;APPEAL PROCESS;CONTINUED DUTY TO CORRECT You are required to correct the violation; or sign a Voluntary Correction Agreement to be negotiated with county staff; or pay the imposed civil penalty to the County Auditor if the violation is not corrected; or you may appeal this Notice and Order to the Mason County Hearing Examiner by filing a written notice of appeal with the Counties Clerk of the Board in County office building 1, located at 411 N 51n Street Shelton, WA 98584 within 14 calendar days from the date of service of this Notice and Order. The appropriate appeal fee ($660.00) must accompany all appeals; refundable in the event the appellant prevails. MASON COUNTY community Development Code Enforcement W.Alder Street—Shelton, A COMMUNITY SERVICES 615 Shelton:360-427-9670,Ext.3 28584 Belfair:360-275-4467,Ext.352 Building,Planning,Environmental Health,Community Health Elma:360-482-5269,Ext.352 SERVICE OF ORDER Date of Order: 3-14-18 Method of Service: Certified and Regular mail Time of Order: 4 P.M. Signature of Compliance Officer: Stephen Scott Community Development Department