HomeMy WebLinkAboutMEP2006-00004 - MEP Inspections - 2/27/2006 MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma (360) 482-5269
Mason County Bldg. 1411 N.5th
P.O.Box 279 Shelton,WA 98584
Re: MEP 2006-00004
February 27, 2006
Dear Reviewer,
Please find enclosed materials relating to Mason Environmental Permit (#2006-00004).
This case originated as a Class IV General Forest Practice Application submitted to the
County in September 2005. The FPA involves the two parcels subject to this MEP review
as well as a small parcel to the east that does don't fall within the buffers of a typed
water. The typed waters that trigger this MEP are a Type 1 saltwater shoreline(south
shore of Hood Canal)with a 100' buffer and a Type 4 stream with a 100' buffer. The
purpose of this MEP is to allow the applicant to construct a driveway through a portion of
the buffer to service an adjacent parcel and to remove hazardous trees from the vicinity of
SR 106.
The trees in the buffer overhanging SR 106 do not meet the definition of "Danger Trees"
as defined by the Mason County Resource Ordinance (section 17.01.240). Because most
of these trees, as unstable as they might be, are not located within a tree length of a
structure, a MEP with a Habitat Management Plan is required.After walking the site in
January with the project forester Greg Jones and project biologist Lee Boad, I am
convinced that the majority of the trees in the upland(across the highway from the
saltwater)buffer constitute a legitimate physical hazard to the highway as well as a legal
liability. For this reason the County is prepared to permit the removal of the majority of
the tree cover in the buffer provided that the restoration plan created by Mr. Boad is
carried out(with performance bonding) and that the conditions of the two geo-technical
reports commissioned for this project are observed.
Per section 17.01.011.J.3,please provide any comments, questions or concerns to me
within 28 days of today's date. Thank you.
Sincerely,
� I 1i xo"t— 1WV1Z
Michael MacSems
FPA Planner
Enclosures: Notice of Application dated 2/24/06, MEP Application dated 2/10/06,
Habitat Management Plan Addendum dated 10/10/06. (References to the preservation of
Pileated Woodpecker habitat snags are beyond the scope of this MEP). Letter from Forest
Pro, Inc, dated 11/29/05.
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
NOTICE OF APPLICATION
MASON ENVIRONMENTAL PERMIT
February 24,2006
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: Hungerford Holding Company
Date of Application: February 10,2006
Date of Finding of
Completeness: February 23,2006
Parcel Number(s) 32234-44-00010&32234-44-00000
Location of Project: SE '/4,SE '/4,Section 34,Township 22N.,Range 3 W.,WM.
Description of Project: The purpose of this MEP is twofold—to provide an access road(to an
adjacent lot in section 35)that cuts through the upland portion of a 100'
saltwater vegetation buffer and to remove all dangerous and potentially
dangerous trees from the upland side of Hwy 106,many of which lay
within the saltwater buffer as well as a Type 4 stream buffer.
Approvals,Actions
and Required Studies: This MEP is subject to administrative approval from the Mason County
Department of Community Development.
Public Comment
Period: Fourteen days from the date of this notice.Any comments should be directed to
the staff member listed below.
Existing Environmental
Documents: SEPA Checklist,Mason Environmental Permit,Habitat Management Plan(by
Lee Boad)and Geo-technical Reports by Geo-technical Testing Laboratory and
Sub Terra Inc.
County Staff Contact: Michael MacSems, 360-427-9670 ext 571
Date,Time&Place of
Scheduled Public Meeting:No public meetings required.
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).
Signed By: 9—VAIJ� Date: Z.
RECEIVED
006 PERMIT NO.! � I
FER 10 2 DATE RECEIVED: O a
MASON COUNTY
DEPARTMENTrbr--tftMOklWbEVELOPMENT
RESOURCE ORDINANCE (Chapter 17.01 MCC)
411 N. 5TH Street/ P.O. Box 279, Shelton, WA, 98584
ENVIRONMENTAL PERMIT APPLICATION
MASON ENVIRONMENTAL PERMIT 9 CONDITIONAL USE ❑
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.
Owner:Hungerford Holding Company, Inc., Owner Mailing Address:
and Montana Reach, Inc. P. O. Box 1191
Site Address:
8371 E. Hwy 106 City: Shelton State:WA Zip: 98584
City:- Union -.__._—State WA Zip: 98592Lien/Title Holder Montana Reach, Inc.
Phone. Daytime(_360 427-5097 i
Address: 8371 E. Hwy 106
Fire District#: 6 _ __ __ --------------------- -
City: Union --_ State: WA _ __Zip:98592
Signature: _
2• Parcel Number: 00000 Legal description: (1 ) Res. Parcel 1 of RLA 05-10;
(2) 32234-4 - 3 322-3 S-32-00130 (2) Res. Parcel 2 of BLA 05-10
Parcel Size: (1 ) 21 acres (3) 2 acres (3) Tr 13 of GOVT Loot 4, S35-T22N-R3W
(2) 15 acres
3. Directions to site:
Take Hwy 106 to about 1 mile East of Alderbrook Inn
State what sections require a permit: In-Holding Lands, Chapter 17.01.062 ❑
4. Long-Term Commercial Forest, Chapter 17.10.060 ❑ Wetlands, Chapter 17.01.070 ❑
Mineral Resource Lands, Chapter 17.01.066 ❑ Frequently Flooded Areas, Chapter 17.01.090 ❑
Aquifer Recharge Areas, Chapter 17.01.080 ❑ Landslide Hazard Areas, Chapter 17.01.100 ❑
Erosion Hazard Areas, Chapter 17.01.104 ❑ Seismic Hazard Areas, Chapter 17.01.102 ❑
Fish and Wildlife Habitat Conservation Areas, Chapter 17.01.110 9
5
Identify current use of property with existing improvements:
Only current use of property is cabin in NW corner of parcel 1 , across Hwy 106 from
the project area, and Equipment storage area and septic drainfield on same side of
Hwy 106 in the NW corner of the project area- All be rest of the property is
r6yered with natural vegetation_
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): Removal of danger trees and construction of road within 100 foot buffer of Hood
Canal and within 100 foot buffer of Type IV stream. 1000 sq ft road will be constructed
with on site materials. See Habitat Management Plan prepared by Lee Boad for
mitigation measures.
7.
Will there be an alteration of a wetland and/or wetland vegetation area? Yes ❑ No D?
8. Any water on or adjacent to property:
Saltwater ❑ Lake ❑ River ❑ Pond ❑ Wetland ❑ Seasonal Runoff ❑
Other Adjacent to Type IV stream; across road from saltwater
9. If septic is located on project site,include records.
Connect to septic? ❑ Community Septic? ❑ Public Water Supply? ❑ Well? ❑
Permit has been issued for septic drainfield in NW corner of Parcel 1 .
10.
Type of Job: New ❑ Add ❑ Alt ❑ Repair ❑ Demolition ❑ Other
Removal of danger trees and construction of road in location of old logging road.
This permit is granted pursuant to the Resource Ordinance (Chapter 17.01 MCC) and 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, but not inconsistent with the Resource Ordinance. The permit may be
rescinded pursuant to the event the permittee fails to comply with the conditions of this ordinance.
MASON ENVIRONMENTAL PERMIT: $510.00/$305.00(with another permit)
MASON CONDITIONAL USE ENVIR.PERMIT: $1,225.00
HABITAT MANAGEMENT PLAN: $360.00
IAPLANNING\C&R\ENVIRONMENTAL REVISED 09-14-05
Show the following on the site plan
Lot Dimensions Flood Zones
Existing Structures Fences
Water Lines Driveways
Drainage Plans Shorelines
Septic System Topography Indicate Directional by(N,S,E,W,etc.)
Proposed Improvements Easements In relation to plot plan
Name if Flanking Street
APPLICANT TO DRAW SITE PLAN BELOW:
See attached map. Danger trees will be removed all along 100 foot buffer shown on
map. Road to be contructed is shown as "proposed driveway".
APPLICANT TO DRAW TOPOGRAPHY BELOW:
See attached map.
DEPARTMENTAL REVIEW
FOR OFFICE USE ONLY
COMMENTS
Planning:
Environmental
Health:
Building Plan
Review:
Occupancy
Group:
Fire Marshal:
Other:
Conditions: FEES
Total fees:
Accepted by: Date:
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N. 541 Tribal Center Road Shelton,WA 98584
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Skokomish Natural Resources
Telephone (360) 877-2110 • Fax (360) 877-2113
N. 533 Tribal Center Road Skokomish Nation, WA 98584
April 6, 2006
Michael MacSems
Forest Practices Planner
Mason County Department of CommLmity Development
411 North P Street
Shelton, WA 98584
RE: Mason Environmental Permit(42006-00004),Habitat Management Plan (Lee
Bond), Forest Pro, Inc. Letter (Greg Jones); Hungerford Holding Company, South
Shore Road, Parcel#'s 32234-44-00010 and 32234-44-00000. T22N,R3W, SE %. , SF
'/o of Section 34. Timber harvest of danger trees and wildlife habitat.
:Michael,
The Skokomish Department of Natural Resources has reviewed the above referenced
Habitat Management Plan (HMP) prepared by Lee Boad and the Forest Pro, Inc. letter by
Greg Jones used to justify the removal of trees within a type 4 buffer and a marine buffer
along southern Hood Canal. While we realize that the continent period for this HMP has
ended,the Skokomish Tribe believes that we are obligated to submit these comments
because of future ramifications that this project may bring. We believe that the
justification for timber removal within both the marine and type 4 stream buffers without
adequate mitigation under the "guise" of"Danger Trees",presents a worrisome threat to
Hood Canal fish and wildlife habitats.
Although the Tribe agrees that many of the trees proposed for removal may in fact pose a
threat to Hwy 106, the same can be said for virtually every tree within I %2 tree lengths of
Highway 106. The Tribe is concerned that approval of this project will encourage other
landowners to follow a similar path for their timber that may be adjacent to any county,
state or private road or structure. Mason County needs to develop a policy that evaluates
the "Danger Tree"provisions and prevent widespread abuse of its use.
The timber harvest intends to remove most of the timber for a distance of 1,300 feet
along the Highway 106 (South Shore Road). These trees are important wildlife habitat
for perching birds such as eagles and hawks. The mitigation proposed by Mr. Boad of
providing an additional "wildlife patch" instead of retaining 6 old growth trees, hardly
mitigates for the loss of these large wildlife trees and snags. In fact, Mr. Boad admits that
the "primary impact of the proposed harvest will be the loss of forested cover and
potential nesting and roosting habitat" yet the proposed mitigation is to replant the
harvest area to "eventually restore overstory structure to the site". New plantings will
APR-06-2006 THU 03:45 PM SKOKOMISH FISHERIES FAX NO. 360 877 5148 P. 03/04
take over 100 years before they even begin to mitigate for the direct loss of these trees
and if they do reach heights similar to the existing vegetation,then the "Danger Tree"
provision will be in affect again.
The HMP states that Pileated Woodpecker habitat, a PHS (Priority Habitat and Species);
is "afforded some level ofprotection in Mason County"but we don't see any evidence
how that is carried out. In fact, it does not appear that Mr. Boad attempted to determine
if any of this area meets the definition of"Pileated Woodpecker Habitat". Given that
there are several large snags and old growth trees, it is likely that this area is used by
Pileated Woodpeckers and this should have been discussed and included in the HMP.
Mitigating the loss of these larger trees with a newly planted "habitai patch" does not
mitigate their loss.
In September of 2003, Lee Boad drafted an HMP for .ferry Vermillion to justify an after-
the-fact bulkhead repair and expansion (SEP2004-00069) at this location. Although this
2006 HMP refers to the 2003 HMP, Mr. Boad does not indicate whether the mitigation
for the earlier project was ever completed, Has Mason County determined that the
mitigation outlined in the 2003 Boad HMP was completed? The HMP proposed (1) the
removal of exotic species and conifer plantings for 300 feet between the OHWM and
Highway 106, (2) the removal of 14 feet of rock bulkhead and replacement with a tapered
line of sandbags, (3) fill removal, contour reestablishment and wetland vegetation
planting in a wetland and (4)the relocation of an ATV trail out of the wetland
management zone. The HMP states that the mitigation will be completed and an annual
report will be available. The Skokomish Tribe would like To obtain a copy of this report
if it's available.
The HMP concludes that "As public safety is the number one priority, the presence of
danger trees in proximity to State Route 106 and associated power lines makes the
proposed free removal unavoidable". The Tribe believes this is very much an
overstatement. If the landowner was not proposing to construct a road and develop a
vacant lot then this "unavoidable" risk would be avoided. This proposal may protect the
road and powerlines from falling trees but the real goal is to make the lot more
developable.
There are several areas along Hwy 106 where there appears to be greater risk to the road,
power-lines and structures. However, the answer is not to remove all trees that pose a
risk to these developments. Landowners have to assume some responsibility and risk
when they decide to build in and adjacent to critical areas. Likewise, roads built and
maintained by the state, county or private landowners in these dynamic environments
must also assume some level of risk.
In conclusion, the Tribe believes that mitigation as outlined in the 2006 Boad HMP is
inadequate to compensate for the loss of over 1,300 feet of marine and riparian habitat
which is already compromised by the road and current landuse. Additionally, Mason
County needs to make sure that previous mitigation actions proposed in the 2003 HMP
have been carried out before approving another proposal to degrade the existing habitat
APR-06-2006 THU 03:46 PM SKOKOMISH FISHERIES FAX NO. 360 877 5148 P. 04/04
. ........_.... .
even fiu-ther. Additionally, Mason County needs to assess the language an
implementation of their"Danger Tree" ordinance and policies to prevent misuse in the
future.
1f you have any questions regarding these comments, please call me at(360) 877-2110,
ext. 504 or email me at martyAskokomish.or Thank you for your attention in this
matter.
Sincerely,
Marty Ere
Habitat Biologist
CC: Keith Dublanica- Skokomish Director of Natural Resources
Gloria Rogers- WDFW Area Biologist
Jeff Davis- WDF W PHS/GMA Biologist
Jeff Heinis-Skokomish Habitat Biologist