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HomeMy WebLinkAboutSHR98-0011 Bulkhead - SHR Permit / Conditions - 6/2/1998 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT Type of Action(s) Case #: SHR98-0011 (*) Substantial Development Permit Agency: MASON COUNTY ( ) Conditional Use Permit Issued: 7 igR B ( ) Variance Permit Expire: ?oo3 Pursuant to RCW 90 .98, A permit is hereby granted/denied to: DICK FUNK 10007 179TH AVENUE NE REDMOND WA 98052 To undertake the following development: Construct a rock bulkhead at the toe of an eroding bluff. The bulkhead wil be 250 feet long, 5 to 6 feet high and will follow the toe of the bluff. The bulkhead will be constructed in a manner that will protect the existin trees where feasible. upon the following address : PARCEL#: 121084200050 ADDRESS: 460 E STRETCH ISLAND RD S GRAPEVIEW LEGAL: TR 5 OF GOVT LOT 6 1/2 INT. PROJECT LOCATION: TURN SOUTHERLY OFF E ECKERT RD, ONTO E STRETCH ISLAND RD. , S, THEN PROCEED APPROXIMATELY .4 MILES TO PROPERTY ON THE WEST SIDE OF THE ROAD. Within CASE INLET and/or its associated wetlands. The project will not be within shorelines of state-wide significance (RCW 90 .58 . 030) . The project will be located with an urban designation. MASTER PROGRAM PROVISIONS & SPECIAL CONDITIONS This permit is granted pursuant to the Shoreline Management Act of 1971 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 Shoreline Management Act (Chapter 90 . 58 RCW) . This permit may be rescinded pursuant to RCW 90 . 58 . 140 (7) in the event the permittee fails to comply with the terms of conditions hereof . CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL THIRTY (30) DAYS FROM THE DATE OF FILING THE FINAL ORDER OF THE LOCAL GOVERNMENT WITH THE REGIONAL OFFICE OF THE DEPARTMENT OF ECOLOGY AND THE ATTORNEY GENERAL, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED. No permit authorizing construction shall extend for a term of more than five (5) years. If actual construction of a development for which a permit has been granted has not begun within two years after the approval of the permit by the Board of Commissioners, the Board shall, at the expiration of the two-year period, review the permit, and upon a showing of good cause, extend the permit for one year. Otherwise, the permit terminates : provided that no permit shall be extended unless the applicant has requested such review and extension prior to the last regular meeting of the Board coming before the permit expiration date. Date Authorized c61 Gov ent Of icial - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT. Date received by Department of Ecology Approved Denied This Substantial Development Permit with Conditional Use/Variance is approved by the Department of Ecology pursuant to Chapter 90 .58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date Authorized Dept. of Ecology Official SHR_PRMT, rev: 09/26/96 MASON COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING - JUNE 2, 1998 FINDINGS OF FACT: Richard and Patricia Funk (SHR98-0011) 1. Under consideration is the construction of a 250 ' long by 5 ' -6 ' tall rock bulkhead at the OHWM. 2 . The proposed land use is guided by the Bulkhead Policies and Use Regulations of the Mason County Shoreline Master Program Chapter 7. 16 . 110 . 3 . The use requires review as a Substantial Development Permit because the fair market value exceeds $2500 dollars and it is not for the protection of an existing residence. 4 . No agency comments were received during the SEPA comment period. 5 . Based upon the Shoreline Master Program policies and use regulations, the proposed project shall not threaten adjacent property, shall employ best management practices, and shall assure that construction debris materials are taken to an upland, non wetland location. FROM THE PRECEDING FACTS, the proposed construction of the bulkhead is consistent with the Mason County Shoreline Master Program Chapter 7. 16 . 110, subject to the following conditions: 1 . Proper disposal of construction debris must be on land in such a manner that debris cannot enter Case Inlet or cause water quality degradation, of State waters. 2 . The applicant acknowledges the potential for failure of the wall due to landslides. 3 . The natural vegetation along the shore shall remain undisturbed as much as possible due to construction. c4z �.. it Dade - (Department of Community Development recommendations, May 26, 1998) GARY YANDO,DIRECTOR �aN_STA TF O o A 0U N DEPARTMENT OF COMMUNITY DEVELOPMENT o T z PLANNING -SOLID WASTE- UTILITIES ti� N Y y BLDG. I • 411 N. 5TH ST. • P.O.,BOX 578 rasa SHELTON,WA 98584 • (360) 427-9670 February 24 , 1998 Richard Funk 10007 179th AVE NE Redmond, WA 98052 RE: Parcel #12108-42-00050, two issues : 1) Application for bulkhead 2) Proposed residence on site Dear Mr. Funk: The Planning Department has received your application from Bay Marine Contractors to construct a bulkhead on your property on Stretch, Island. During review of your application for the bulkhead, staff noticed that the shoreline pre-inspection for land modification which was conducted in November 1997 was entered into the parcel information in the computer but does not appear to have been forwarded to you. It may have been due to computer problems we were having at that time. In any case, I apologize. The information is included in this response regarding both proposals : 1) Construction of an erosion control rock bulkhead at the toe of the eroding bluff , on the beach: The Building Permit Application and SEPA appear to be complete except that a Shoreline Permit for Substantial Development is required to install a bulkhead at this time. Bulkheads are only exempt from the shoreline permit process if they are for the protection of an existing single family residence. Staff has enclosed the shoreline permit process and application for your review and would be happy to forward a copy to your contractor, at your request, once you have reviewed it or you may forward it to them. 2) Proposed construction of a single family residence, associated stormwater and Land Modification to top edge of bluff : The property was inspected on November 11, 1997 by Planning staff, Grace Miller, who met you on site . The purpose of the inspection was to observe the area where land modification was proposed and determine if it was permittable by the Planning Department ' s Ordinance requirements . The description of the proposal was : "Pull the bluff cornice material back away from the edge of the bluff to reduce the height of the bluff and reduce amount of slippage from bluff face . Material removed from the bluff will be relocated to the east and northeast to reduce the current steep slope on the back side of the hill that forms the bluff . This change will occur in an area about 125 ' in length running along the upper edge of the bluff. This change will be centered between the north and south property boundaries . The area near the boundaries will not be changed. Current slope of the top of the bluff causes water to drain eastward, away from the edge of the bluff . The changes proposed will reduce this slope but not to the point that any new drainage over the bluff is created. " After Planning staff met you on site, Building Inspector, Larry Watters, observed the site within same week. Findings from my pre inspection included: a) The proposed residence will be located approximately 50 ' from the top of the bluff . This distance is .further than that shown on the site plan. b) The drainage will go across property at a landward angle from that which is shown on the site plan. All of the drainage water will be kept on applicant's property and will be received at a low area landward of the bluff face along or near the north property line. It will the be carried to the beach via tightline culvert and dissipated beyond the toe of the bluff. The discharge will not be discharged on property to the north. A more sophisticated drainage system may be installed at a future date which avoids the shore bluff . c) Mr. Funk informed staff that an engineered drainage plan was submitted to the County for the SEPA process during the short plat process . Staff obtained the Plan from Randy Neff . A "Stormwater Plan for the residence" , dated 3/19/97 and an "Evaluation for Construction of a Residence dated 4/17/97 which were reviewed by myself, Larry Watters of the Building Department and Allan Tahja of the Public Works Department after my site visit and along with the October 20 Addendum regarding regrading the top of the bluff . Allan Tahja' s comments are attached. One of which questions the location of a septic system and the other is a recommendation that the proponent 's engineer be required to certify that the completed construction conforms to the recommendations contained in the reports and to accepted engineering standards and practices . Planning staff notes that within the Site Evaluation for the residence prepared by David Strong, Engineering Geologist, a minimum 50 foot setback from the face of the marine bluff was recommended for the siting of the residence and that the proposed construction is in the area where the slope is considered to be stable" . The report also indicates that "setting back the structure as recommended in this report should ensure that the structure will have an economically useful lifetime of at least 50 years . Increasing the setback from the face of the slope will increase the time before erosional processes will affect soil support for foundations . " The Mason County Interim Resource Ordinance requires a minimum 50 , buffer of vegetation around the landslide hazard area. Your engineering geologist is stating that at a proposed minimum 50 ' setback the residence may be safe for 50 years . This evaluation was done prior to the addendum which addresses the regrading of the top of the slope. A Land Modification Permit and SEPA are required in order to regrade the top of the slope within the landslide hazard area and locate a residence where proposed. The applications are enclosed. In addition, a separate building permit will be, required for the residence. After discussing the proposal with Larry Watters and Allan Tahja, it was determined that the following additional information must be submitted with the applications for further review by the Planning, Building and Public Works Departments : 1) The calculated amount of cubic yardage to be moved. 2) Accurate topographic drawings of the site showing both Before and After dimensions of the grading. (We have a drainage topographic plan only.) . 3) As part of the .topographic information, show the accurate height of the bank with degree of slope, both Before and After. The Building Department needs this information in order to determine the minimum Building Code setback requirement . 4) Foundation of Residence - The footprint needs to sit on un- disturbed soil or compacted to 900 of compactibility. Engineering for the foundation may be required if the proposed setback to the bank is closer than the minimum Uniform Building Code requirement . 5) Revised site plan indicating actual proposed setback from bank for structures and proposed drainage locations . 6) Construction Plan to prevent erosion onto beach. 7) The Geotechnical "Evaluation" dated April 17, 1997 completed by David Strong of Bradley-Noble Geotechnical Services and the "Addendum to Report" dated October 20, 1997 by same Engineering Geologist must be certified and stamped by a licensed civil engineer in the state of Washington in order to be accepted as a Geotechnical Report for the construction of a residence and grading and filling within the landslide hazard area buffer. If you have any questions and either Larry Watters (ext 285) or myself (ext 360) can be of further assistance, please give us a call at (360) 427-9670 . Thank you. Sincerely, Grace Miller, Planner DEPT. OF COMMUNITY DEVELOPMENT CC: Larry Watters, Bldg Dept . Allan Tahja, Public Works