HomeMy WebLinkAboutSEP2005-00106 Danger Trees TPN322344490012 - SEP Determinations - 5/4/2006 ���STATg pt.
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1889 spy MAY 0 5 2006
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY MASON W, PLANNING DEPT.
PO Box 47775 • Olympia, Washington 98504-7775• (360) 407-6300
May 4, 2006
Mr. Michael MacSems r Your address
Department of Community Development _- is in the
Planning Division -1 Kennedy-
Mason County Goldsborough
PO Box 279 watershed
Shelton,WA 98584
Dear Mr.MacSems:
Thank you for the opportunity to comment on the mitigated determination of nonsignificance for the
Vermillion Phased project(SEP2005-00106), located at 8371 East State Route 106 in Union,as proposed
by Jerry Vermillion. The Department of Ecology(Ecology)reviewed the environmental checklist and
has the following comment(s):
SHORELANDS: Kim Vanzwalenburg(360)407-6520
It is unclear to me what the full proposal is, but it would appear that a Shoreline Substantial
Development Permit may be necessary. It would also appear that this proposal is inconsistent with
the Shoreline Management Act(SMA)and the Mason County Shoreline Master Program(MCSMP).
Even if it is determined that a shoreline permit is not necessary,the proposal must be consistent with
the SMA and the MCSMP.
Hood Canal is a Shoreline of Statewide Significance. As such,only selective commercial timber
cutting is allowed,with no more than thirty percent of the merchantable trees harvested in any ten
year period(RCW 90.58.150). Clear cutting of timber is allowed if solely incidental to the
preparation of land for other uses authorized by this chapter. It is not clear in the checklist whether
this is the case or not,though that does not appear to be the case.
In addition,as a Shoreline of Statewide Significance,there is a preference for uses set forth in the
Shoreline Management Act(SMA)and the Mason County Shoreline Master Program in the following
order:
1. Recognize and protect the statewide interest over local interest
2. Preserve the natural character of the shoreline
3. Result in long term over short term benefit
4. Protect the resources and ecology of the shoreline
5. Increase public access to publicly owned areas of the shoreline
6. Increase recreational opportunities for the public in the shoreline
I saw no discussion in the checklist regarding how this proposal is consistent with these preferences.
As presented, it appears that this proposal is inconsistent with the first four preferences.
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May 4,2006
Page 2
I saw little discussion of why or how it was determined that this entire 100 foot long corridor has been
deemed to be full of danger trees that must all be removed. There is a reference to"PUD assistance
with danger tree removal Is there a program being undertaken by the PUD to remove danger trees
along SR 106? If so,this should be looked at in a comprehensive manner and not lot by lot. Will
there be similar requests along other portions of SR 106,or State Route 101 for that matter? I am
having difficulty understanding how the cumulative impacts of proposals such as this would be
consistent with the Shoreline Management Act or the Mason County Shoreline Master Program.
The geo-tech report was not included with the checklist so I am unclear how removal of vegetation on
this slope above the state highway will affect slope stability. There is ample research on forest lands
that show deforestation of slopes does have a negative impact on slope stability. I also have concern
about how erosion and sedimentation will be managed as there appears to be shellfish beds along this
portion of shoreline.
Ecology's comments are based upon the information provided with the SEPA checklist. As such,they do
not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements
that must be fulfilled in order to carry out the proposed action.
If you have any questions or would like to respond to these comments please contact the appropriate
reviewing staff listed above.
Department of Ecology
Southwest Regional Office
(DN: 06-3286)
cc: Kim Vanzwalenburg, SEA
Jerry Vermillion(Proponent)
oN.STATE MASON COUNTY
�P5 MO O ° DEPARTMENT OF COMMUNITY DEVELOPMENT
4 r
s u = Planning Division
~ 0 T L? P O Box 279, Shelton,WA 98584
�0, Y o~ (360)427-9670
1864
MITIGATED
DETERMINATION OF NONSIGNIFICANCE
(WAC 197-11-350)
SEP2005-00106
Description of Proposal: Montana Reach: Timber Harvest and removal of "danger trees"
adjacent to Hwy 106. This project involves the destruction of Fish
and Wildlife Habitat in the 100-foot buffer of Hood Canal and a
Type IV stream. A habitat management plan has been written by
Lee Boad and approved by Mason County for the restoration of
the damaged buffers. In this case the destruction of habitat was
considered necessary to protect Hwy 106 and a PUD power right
of way. See conditions. Cutting elsewhere on the site will result in
a homesite and driveway for the eastern most parcel. Mitigation
for the removal of some Pileated Woodpecker habitat is required
in order to comply with Washington Labor's and Industries
regulations.
MITIGATED
DETERMINATION OF NONSIGNIFICANCE
(WAC 197-11-350)
SEP2005-00106
Proponent: JERRY VERMILLION
Site Address (If Assigned): 8371 E STATE ROUTE 106 UNION
Directions to Site: SR 106, about four miles east of Union.
Parcel Number: 322344400000
Legal Description: G.L. 1 LYING NLY OF CO R/W EX S 24/53 PCL 1 OF BLA
#00-40 SEE BLA #05-10
Lead Agency: Mason County
The Lead Agency for this proposal has determined that it does not have a probable significant
adverser 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. MITIGATED MEASURES ARE ATTACHED.
Please contact Michael MacSems at ext. 571 with any questions.
This DNS is issued under 197-11-340(2), the Lead Agency will not act on this proposal for 14
days from the date below. Comments must be submitted to Michael MacSems, C/O Mason
County DCD, Planning Division, PO Box 279, Shelton WA 98584 by 5/5/2006.
There is no SEPA administrative appeal.
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Authorized Local Government Official Date
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/DNR S Puget Sound f'Applicant Squaxin Tribe
j/ Dept of Ecology y Contractor d Skokomish Tribe e 14 h
Dept of Transportation School District City of Shelton
Rc='C4 nen} Mason County Transit
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MITIGATED
DETERMINATION OF NONSIGNIFICANCE
(WAC 197-11-350)
SEP2005-00106
CONDITIONS OF THIS DETERMINATION
�) LANDSLIDE HAZARD
Timber removal and road construction shall be consistent with the conditions of
geo-technical reports written by Geo-Technical Laboratory and Sub Terra Inc for this site.
Violations of this condition shall be enforced per chapter 15.13 of the Mason County
Development Code.
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2) FISH & WILDLIFE HABITAT BUFFERS
Destruction of fish and wildlife habitat in the salt water buffer as well as the buffer of a Type
IV stream shall be mitigated per the conditions of a habitat management plan written by
Lee Boad. Restoration work shall begin as soon as feasible. Monitoring of the success rate
for the mitigation shall be done on an annual basis for three consecutive.
Restoration/Mitigation work to be consistent with section 17.01 .210 of the Mason County
Resources Lands and Critical Areas Ordinance. Failure to perform shall result in penalties
per section 15.13 of the Mason County Development Code.
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3) PILEATED WOODPECKER HABITAT
Supplemental to Lee Boad's Habitat Management Plan, Mr. Boad mapped and flagged two
Pileated Woodpecker habitat patches on parcel 32235-32-00130. Violations of this
condition shall be enforced per chapter 15.13 of the Mason County Development Code.
X
4) STORMWATER & EROSION CONTROL MEASURES
Escape of silty water or mud from the timber harvest area shall be considered a violation of
County and State stormwater management regulations, and could subject the applicant(s)
to civil fines or penalties.
X
MASON CO. ENVIROMIENTAL CP.ErKLI.
BACKGROUND StP Z oo S . O G�d6
r. Name of proposed project, if applicable: It,0NTR 4/0
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2. Name of applicant:
3. Address and phone number of applicant and contact person:
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4. Date checklist prepared:
5. Agency requesting checklist:
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6. Proposed timing or schedule (including phasing, if applicable):
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7. Do you have any plans for future expansion, or further activity related to or connected with this
proposal: If yes, explairy�
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8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal. '0aRq
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.
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10, List any government approvals or permits that will be needed for your proposal, if known.
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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.)
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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.
B. ENVIRONMENTAL ELEMENTS:
1. EARTH:
a. General description of the site (circle one): Flat, rollin , hi eep slopes, ountainous, other
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.
d. Are there surface indications or history of unstable soils in the immediate vicinity: If so,
describe.
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Mason County Environmental Checklist Page 2
e. Describe the purpose, type, and approximate quantities of any filling or grading proposed.
Indicate source of fill.
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f. Could erosion occur as a result of clearing, construction, or use: If so, generally describe.
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g. About what percent of the site will be covered with impervious surfaces after project
constructions (for example, asphalt or buildings)?
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h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
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2. AIR:
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.
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b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
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Mason County Environmental Checklist Page 3
C. Proposed measures to reduce or control emissions or other impacts to air, if any:
3 WATER:
a. Surface:
1) Is there any surface water body on or in the immediate vicinity of the site (including
year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe
type and provide names. If appropriate, state what stream or river it flows into.
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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.
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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.
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4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
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5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
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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.
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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.
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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.
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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.
2) Could waste materials enter ground or surface waters: If so, generally describe.
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Mason County Environmental Checklist Page 5
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X d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any:
4. PLANTS:
a. Check or circle types of vegetation found on the site:
✓ deciduous tree: alder, maple,,a&pen, other
evergreen tree: fir, cedar„Qhfe, tic
✓ shrubs
rass
pasture
crop or grain
wet soil plants: cattail, buttercup, bullrush, 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?
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C. List threatened or endangered species known to be on or near the site.
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d. Proposed landscaping, use of native plants, or other measures to-preserve or enhance
vegetation on the site, if any:
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Mason County Environmental Checklist Page 6
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:
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hawk, heron, eagle, songbirds, other
als deer, bear,pl"c,4seftr, other
Ness, salmon, trout, herring, shellfish, other
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b. List any threatened or endangered species known to be on or near the site.
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C. Is the site part of a migration route? If so, explain.
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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.
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b. Would your project affect the potential use of solar energy by adjacent properties: If so,
generally describe.
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:
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7. ENVIRONMENTAL HEALTH:
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire
and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so,
describe.
1) Describe special emergency services that might be required.
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2) Proposed measures to reduce or control environmental health hazards, if any:
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b. Noise.
1) What types of noise exist in the area which may affect your project (for example: traffic,
equipment, operation, other)?
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.
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3) Proposed measures to reduce or control noise impacts, if any:
8. LAND AND SHORELINE USE:
a. What is the current use of the site and adjacent properties?
Mason County Environmental Checklist Page 8
b. Has the site been used for agriculture? It so, describe.
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C. Describe any structures on the site. C o 2iJ f-: R
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d. Will any structures be demolished? If so, what?
e. What is the current zoning classification of the site?
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f. What is the current comprehensive plan designation of the site.
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g. If applicable, what is the current Shoreline Master Program designation of the site? ,
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h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify.
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i. Approximately how many people would reside or work in the completed project?
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j. Approximately how many people would the completed project displace?
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k. Proposed measures to avoid or reduce displacement impacts, if any:
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Mason County Environmental Checklist Page 9
I. Proposed measures to ensure the proposal is compatible with existing and projected land uses
and plans, if any:
9. HOUSING:
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or
low-income housing.
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b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or
low-income housing.
C. Proposed measures to reduce or control housing impacts, if any:
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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?
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b. What views in the immediate vicinity would be altered or obstructed?
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C. Proposed measures to reduce or control aesthetic impacts, if any:
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Mason County Environmental Checklist Page 10
-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?
C. What existing off-site sources of light or glare may affect your proposal:
d. Proposed measures to reduce or control light and glare impacts, if any:
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12. RECREATION:
a. What designated and informal recreational opportunities are in the immediate vicinity?
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b. Would the proposed project displace any existing recreational uses? If so, describe.
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C. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
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13. HISTORIC AND CULTURAL PRESERVATION:
a. Are there any places or objects listed on, or proposed for, nation plate, or local preservation
registers known to be on or next to the site? If so, generally describe.
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b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural
importance known to be on or next to the site.
C. Proposed measures to reduce or control impacts, if any:
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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.,
b. Is site currently served by public transit? If no, what is the approximate distance to the existing
street system? Show on site plans, if any.
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C. How many parking spaces would the completed project have? How many would the project
eliminate?
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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).
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e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If
so, generally describe.
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f. How many vehicular trips per day would be generated by the completed project: If known,
indicate when peak volumes would occur.
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g. Proposed measures to reduce or control transportation impacts, if any:
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:
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b. Proposed measures to reduce or control direct impacts on public services, if any:
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Mason County Environmental Checklist Page 13
16. UTILITIES:
a. Circle utilities currently available.at the site: electricity, natural gas, water, refuse service,
telephone, sanitary sewer, septic system, other:
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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.
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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 mIa�ke its decision.
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Signature:
Date submitted:
Mason County Environmental Checklist Page 14