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HomeMy WebLinkAboutOpposed Letters - OT General - 5/21/2002 A MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg. 1 411 N. 5th P.O. Box 279 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 May 21, 2002 Re: Mason Environmental Permit 2002-00034 Dear Parties of Record, On May 15th, I met in the field with concerned neighboring landowners. I have also received correspondence detailing some of your concerns. This letter is intended to give an overview of Mr. Broughton's permit process, current status, what steps remain in his permit(s), what the County's position is at this time, and what your rights are. CLASS IV FPA Mr. Broughton submitted a Class IV Forest Practices Application(FPA 2002-00004) on April 8th. It was reviewed under SEPA(SEP 2002-00025)and determined to be a Mitigated Non-Significance with conditions requiring a Geo-Technical Report, a Storm Water Site Plan (SSP) and a Mason Environmental Permit(MEP). All of these items have since been submitted to the County for review. On May lst, the Public Works engineer approved the Geo-Technical Report and the SSP. The MEP, along with the associated Habitat Management Plan (HMP), are still in review(and are what triggered the public notice). MASON ENVIRONMENTAL PERMIT Mr. Broughton submitted a MEP on April 261h. The MEP (MEP 2002-00034)was designed to cover three permit-required activities; cutting 21 trees inside the Fish& Wildlife Habitat Conservation Area(FWHCA) associated with the unnamed Type V stream (that flows on to Mr. &Mrs. Seller's property), replacing a 12" culvert with an 18" culvert and cutting an access road across a 35% slope. Of these three items the road cut is not subject to the HMP. On May 6, 2002 the Planning Department notified other County departments, adjacent property owners(within 300 feet), the Squaxin Tribe and the Washington State Department of Fish& Wildlife of this application. These individuals and agencies have 10 days from the date of that Notice to comment on the MEP. The Squaxin Tribe and the Washington State Department of Fish & Wildlife have a 28-day comment period for the HMP. This is where we are currently at in the review process. Within 30 days of all of these time frames having elapsed, I am to make a report to the Director of the Department of Community Development and he is to issue a an approval or a disapproval. After approval the County must issue a Notice of Final Decision that is mailed to all parties of record(defined as the applicant and all those who have made written comment). Those parties have a 14-day appeal window before the work can commence. H.IMy DocumentstRylan Broughton Neighbors.doc In order to relieve the burden on Mr. Broughton, I have agreed to divide the MEP review between the portion that is dependent on the HMP and the portion that is not(the road cut). This could potentially allow Mr. Broughton to receive approval for the road cut (but not the culverts) approximately two weeks sooner then the HMP dependent portion of the MEP. I have also agreed to forward the actual Forest Practices Application(FPA)to the Department of Natural Resources (DNR)for simultaneous review, with the expressed understanding that the final DNR approval can not be executed until the County has issued an approval on the entire MEP. As requested, I am attaching several documents relevant to this case, as they have been determined to be public record. These are a Geo-Technical Report written by R.B. Boughan, P.E. with an approval by County Hydraulic Engineer Alan Tahja, a Storm Water Plan written by the applicant and approved by the County Hydraulic Engineer, also the draft Habitat Management Plan written by Biology Consultant Lee Boad(which is currently being reviewed by WSDFW). These documents were produce in accordance with the Mason County Resource Ordinance, specifically sections 17.01.100 (Landslide Hazard Area) and 17.01.110 (Fish and Wildlife Habitat Conservation Areas) and the Mason County Storm Water Management Ordinance. The County believes that Mr. Broughton has met his obligations (excluding the HMP review, which is still pending)under these ordinances. According to the applicant's engineer, R.B. Boughan, in his professional opinion, if his recommendations are followed, "Hazards of the landslide area will be regarded is such a manner as to prevent harm to property and public health and safety." The SSP was reviewed and approved by the County Hydraulic Engineer. Thus far it appears that Mr. Broughton's project is meeting county standards for such projects. If after reviewing these documents you continue to have concerns, please send them to me in writing, as soon as possible. Please be as specific as possible. Assuming that a Notice of Final Decision to Approve is issued, all parties of record you will have a 14-day period to the file an appeal. Appeals of Administrative Decisions are sent to the Board of County Commissioners for an open record public hearing. Sincerely,n Michael MacSems FPA Planner cc: Mr. &Mrs. Sellers, Mr. &Mrs. Hammock Mr. &Mrs. McFarlane, Gerald Pierce, Planning Manager Robert Fink, DCD Director Ron Henrickson, Applicant Rylan Broughton, Applicant Stephen Vizina, file H.IMyDocumentslRylan Broughton Neighbors.doc RECEI E�✓ MAY 11 2T?- ��"J`0� MCCD - PLANNING -gym&tT .vo >�cE iyi�/� ��v / J�9-,e � 9 T Ti 45 ILf:vo s 7-,"74 7V/--s 71-1 /aJ ,�o,�-f� ��°E ©ram . ��✓��osD�1�.uT• -zo I//4 17 'E i t - k t � 5 ol f '' •:� - r- James H. Sellers PO Box 646 Allyn, WA 98524-0646 James H. 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