HomeMy WebLinkAboutMEP2002-00034 - MEP Permit / Conditions - 6/6/2002 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
FINAL ADMINISTRATIVE DECISION
Mason County Department of Community Development hereby approves Mason
Environmental Permit # 2002-00034 for Mr. Rylan Broughton and Mr. Stephen Vizina.
The approved MEP is for the following purposes; to cut a road on a 35% grade, to cut 21
trees from the buffer of a type V stream and to place a culvert for road access in the
buffer of a type V stream. The properties subject to this approval have the following
parcel numbers. 12230-76-00010, 12230-76-00020, 12230-76-00030, 12230-76-00040,
12230-76-00041 and 12220-33-00211. This MEP approval satisfies a condition of SEPA
2002-00025.
County staff on 6/6/02 signed Findings of Fact that this waiver is in compliance with all
Mason County Ordinances.
This waiver will becomes effective 14 days from the date of this decision unless subject
to appeal.
Any party seeking an appeal has 14 days from the date of this notice to submit a written
appeal. Any appeal should be directed to the Clerk of the Board of Mason County as
provided in 15.11.020 Mason County Development Code.
taff Date
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
NOTICE OF FINAL ADMINISTRATIVE DECISION
Name of Applicant: Rylan Broughton & Stephen Vizina
Case Number: MEP 2002-00034
Mason County Department of Community Development hereby informs all interested
parties that it has approved a Mason Environmental Permit, as established by Mason
County Ordinance77-93, section 17.01.120, on tax parcel(s) 12230-76-00010, 12230-76-
00020, 12230-76-00030, 12230-76-00040, 12230-76-00041 and 12220-33-00211.
This Mason Environmental Permit is for the purpose of cutting an access road up a 35%
grade, cutting 21 trees inside a type V stream buffer and placing a culvert in that same
type V stream buffer.
County staff on 6/6/02 signed Findings of Fact that this Mason Environmental Permit is
in compliance with Mason County Ordinances.
Upon receipt of this notice, the property owner may request the county assessor to
reassess the valuation of his or her property as provided in RCW 84.41.030.
The approval will becomes effective 14 days from the date of this notice unless subject to
appeal.
Any party seeking an appeal has 14 days from the date of this notice to submit a written
appeal. Any appeal should be directed to the Clerk of the Board of Mason County as
provided in 15.11.020 Mason County Development Code.
5"�A'
C".� h, =�'—
Michael MacSems Date
Planning Dept. Staff
Robert Fink, AICP Date
Planning Dept. Manager
FINDING OF FACT
MASON ENVIRONMENTAL PERMIT#2002-00034
APPLICANT: Rylan Broughton
APPLICATION DATE: 4/26/02
Mason County has reviewed the above referenced Mason Environmental Permit for the
purposes of cutting a road across a 35% slope, cutting trees in a type V stream buffer and
placing a culvert in the type V stream buffer. The proposal is to cut a road up and across a
35% slope in order to provide a driveway to three lots owned by Mr. Broughton. No
mitigation is required for this portion of the MEP. The applicant submitted a Geo-
Technical Report prepared by R. B. Boughan P.E. on April 12, 2002. The applicant also
supplied a storm water protection plan. Both of these documents have since been
approved by Mason County Hydraulic Engineer, Alan Tahja. For the tree cutting and
culvert placement in the buffer, a Habitat Management Plan was submitted and reviewed.
The HMP was reviewed and found acceptable by County staff, Fish& Wildlife the
Squaxin Tribe.
FINDINGS
The Mason Environmental Permit is compliant with the following conditions:
The applicant has paid the prescribed fees.
The applicant has filed a complete application, which includes notarized signatures.
This Mason Environmental Permit is in conformance with the following Mason County
ordinances:
Forest Practice Moratorium Ordinance 108-98
The parcel is not subject to a six-year forest practices moratorium.
Title 15 Mason Development Code
This application for a Mason Environmental Permit was reviewed as a Type III
permit with notices. Comments were received and correspondence has been
entered into with concerned neighbors. A Notice of Final Administrative
Decision, per 15.09.040.D., shall be furnished.
1
r
Shoreline Master Program
This site does not contain land that falls within the jurisdiction of the Mason
County Shoreline Master Program. Any activity in those portions of this site shall
be consistent with the requirements of the Shoreline Master Program.
State Environmental Policy Act
This Mason Environmental Permit is a condition of a SEPA review of a proposed
Class IV General Forest Practices Application, SEP 2002-00025.
CONCLUSIONS
In conclusion, this application for a Mason Environmental Permit to cut an access road
across a 35% slope, remove selected trees from a type V stream buffer and to place a 18"
culvert in that same buffer, meets all county requirements for issuance and all appropriate
notices have been made.
RECOMMENDATIONS
1, being a duly appointed designee of the Mason County Department of Community
Development Director, hereby attest to and certify that appropriate provisions have been
met for granting this Mason Environmental Permit.
Robert Fink, Planning Manager D e
G z 6 Ac-
, r
i ael NacSems, Subdivision lanner Date
2
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
w 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
Rylan Broughton
4790 NE North Shore Rd
Belfair, WA 98528
May 3> 2002
Dear Mr. Broughton,
This letter concerns the status of the various pending permits that I am reviewing for your
logging project. I understand that you are eager to begin work on your project and have
kept that in mind. However as I have begun processing your case I find that the review is
more involved then I expected. This letter is to give you an idea of the status of your
applications and the various stages that they need to go through before approval can be
granted. It is my hope that by providing this information you can make your plans
accordingly.
CLASS IV FPA
You submitted this application on April 81h. It was reviewed under SEPA 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 needed to be submitted to the County for review and approved prior to the issuance
of the FPA. As of April 26`h you had submitted all of this documents to the County. On
May I", the Public Works engineer approved the Geo-Technical Report and the SSP. The
review of the MEP, along with the associated Habitat Management Plan (HMP), are in
the early stages of review.
MASON ENVIRONMENTAL PERMIT
You submitted you MEP on April 26`h. The MEP was designed to cover three permit-
required activities; cutting in the FWHCA, 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. From the date of submission, the County has 28 days to issue a
Letter of Completeness/Incompleteness. I am planning to issue a Letter of Completeness
on May 6`h (assuming that I have something in writing from Mr. Vizina on that date).
According to ordinance, within 21 days of the issuance of a Letter of Completeness the
Planning Department shall notify other County departments, adjacent property owners
(within 300 feet), the local tribe and the Washington State Department of Fish &
Wildlife. These individuals and agencies have 10 days from the date of Notice to
comment on the portions of the MEP not reliant on an HMP. The HMP itself has a 28-
day comment period from the local tribe (Squaxin) and Fish and Wildlife. Within 30 days
of all of these time frames having elapsed, I am to make a report to the Director of the
H:IMy Documents Ryan Broughton.doc
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. Those parties (if any) have a 14-day response window
before the work can commence.
By my count, if all of these time frames were added end to end, approval or disapproval
could take four months. I am doing my best to minimize these periods but I can not
control all of the variables.
This is what I can do to save you some time. I am willing to divide the MEP review
between the portion that is dependent on the fIMP and the portion that is not (the road
cut). Assuming that no concerns of substance are raised for the road cut, I would be able
to release the road cut approximately two weeks sooner then the HMP dependent portion
of the MEP. I am also willing to forward the original FPA to the DNR for their review in
the near term, with the expressed understanding that the final DNR approval can not be
executed until the County has issued an approval on the entire MEP. This potentially
could save you two weeks. At the earliest, you might be able to begin the road cut in late
May and have an approved MEP in mid-June.
I hope that you appreciate that I am attempting to move your permit in as timely a
manner as possible, but you must also understand that I am strictly limited to 40 hours
per week and in that period there are many applications, both large and small, that I must
give equitable attention to.
Sincerely,
i)" &_ 24,V)_'_�'
Michael MacSems
FPA Planner
H:IMy DocumentARylan Broughton.doc
MEMO
To: Director of the Department of Community Development
From: FPA Planner Michael MacSems BMW
Date: May 22, 2002
Re: MEP 2002-00034
This is notice, as required by the Mason County Resource Ordinance, 17.01.120.J.1.
BACK GROUND
On May 6th a Letter of Completeness was issued on Mason Environmental Permit 2002-
00034. Copies of the application were sent to the various county departments as required
by section 17.01.120.J along with a request for comments by May 161h. No comments
were received so it is presumed that there are no concerns. Notice was also posted on the
site and mailed to all property owners with in 300 feet. This process did generate some
response, which has been addressed to the extent possible. Copies of the MEP application
and a Habitat Management Plan were sent to the Squaxin Tribe and the Washington State
Department of Fish & Wildlife for review.
The MEP requirement came about as a result of a SEPA MDNS for a Class IV General
Forest Practices Application for a Mr. Rylan Broughton. The MEP covered three sub-
projects, the removal of 21 trees from the buffer of a Type V stream, replacing a 12 inch
culvert with a 18 inch culvert in that same Type V stream and cutting an access road
across a 35% slope. At the request of the applicant, I agreed to split the MEP review into
two parts. The portion that is before you now only concerns the road cut. The road cut is
not subject to the HMP review and as such has a shorter review window. I will be
providing you with a similar notice for the tree cutting in the buffer and the culvert at a
later time.
This memo is to assert that this proposal has been found to be in conformance with the
goals and policies of RCW 36.70A(the Growth Management Act), and the standards of
the Mason County Resource Ordinance. I request that you make authorize the drafting of
a Notice of Final Administrative Decision.
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 I", 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 26t'. 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:My DocumentARylan 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:UyDocumentARylan Broughton Neighbors.doc
5,0N-STAr, MASON COUNTY
"C �
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DEPARTMENT OF COMMUNITY
0 Y y DEVELOPMENT
0 �� Planning Division
1864 P O Box 279, Shelton, WA 98584
MA���090RONMENTAL PERMIT
June 19, 2002
RYLAN BROUGHTON
4790 NE NORTH SHORE RD
BELFAIR WA 98528
Parcel No.: 122307600010
Issued: 6/19/2002
Case No.. MEP2002-00034
Project Description:
Rylan Broughton: This MEP is designed to address cutting inside of Class V stream
buffer, crossing a class V stream and constructing a an access road up a 35% slope
on adjacent parcels. The applicant has submitted a geo-tech assesment, a
stormwater site plan and a Habitat Management Plan.
MEP approval effective 6/19/02, no comments received within 14 days of Notice of
Final Decision. Work may begin on road cut, however the culverts are dependent
upon Fish & Wildlife HPA approval and cutting in the buffer can not occur until the
DNR has issued their permit.
The followinq critical areas are present on this property:
Long-Term Commercial Forest Aquatic Management Areas
Ch. 17.10.0601 Ch. 17.01.110;
Mineral Resource Lands Frequently Flooded Areas
Ch. 17.01.066; Ch. 17.01.090;
Inholding Lands Landslide Hazard Areas
Ch. 17.01.0621 Ch. 17.01.100;
Wetlands Seismic Hazard Areas
Ch. 17.01.0701 Ch. 17.01.102;
Critical Aquifer Recharge Erosion Hazard Areas
Ch. 17.01.080; 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.
Authorized Local Government Official Date
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
NOTICE OF APPLICATION
MASON ENVIRONMENTAL PERMIT
May 6,2002
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: Rylan Broughton&Stephen Vizina
Date of Application: April 26,2002
Date of Letter of
Completeness: May 6,2002
Location of Project: NE'/4,NEIA, Section 30&NW'/4,NW'/4, Section 29,Township 22N.,Range 1
W.,WM.
Description of Project: Mr.Broughton has applied for a Class IV logging permit to selectively log his
15 acre parcel and is establishing a home site. A SEPA review determined that a
Mason Environmental Permit(MEP)(per Mason County Ordinance
17.01.120.E)is required for three aspects of this project. 1. Cutting trees in
within the buffer of a Type V stream. 2. Crossing a Type V stream with a
culvert. 3.Placing an access road on a approx. 35%slope(across Mr.Vizina's
property).Mr.Broughton has submitted a geo-technical report,a storm water
site plan and a habitat management plan for this permit.
Approvals,Actions
and Required Studies: This MEP is subject to administrative approval from the Mason County
Department of Community Development.
Public Comment
Period: Ten 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,Geo-
Technical Report, Storm Water Site Plan.
County Staff Contact: Michael MacSems, 360427-9670 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 Letter of
Completeness(plus stays—clock stops—for preparation and review of any
required studies).
Signed By: Date: 15/6 1 GZ
a PERMITNO.:
C O DATE RECEIVED:_ 9/Zh/D Z.
G•
V MASON COUNTY
61001. DEPARTMENT OF COMMUNITY DEVELOPMENT
pQR off, INTERIM RESOURCE ORDINANCE (Chapter 17.01 MCC)
1\t� 411 N.5TH StreetlP.O. Box 578,Shelton,Wa 98584
ENVIRONMENTAL PERK"IT APPLIrATION
MASON ENVIRONMENTAL PERMIT CONDITIONAL USE ❑ VARIANCE ❑
FFE— 4-1(00.00 F'F-c - --$-570,co FEe--$4000.00
The purpose of the Interim Resource Ordinance is to protect Mason County's natural resource lands and critical areas and
is under the authority of Chapters 36.34,36.70A, 39.34, 58.17, 76,09, 84.33 84 PLEASE PRINT .34 and 90.58 RCW.
l FEE:$110.00
1. Owner: l iA L /L Owner allln Address:, U - /1��Site Address e
COY State: ; city: State: _ZIP:
---^� -- P Lien/Title Holder:
Phone: - ly Fire District# Address: �5'1
n..
SIGNATURE: City:U State: M Zip; 3�
2. Parcel Number: 30 10 '90 7c Legal description: 4S z
Parcel Size: _
VC _
A11Sv: 1 'Z2-3p--76 c�
— nr4 o 1 ZZZv - (�102
� Il �� - 4U
3. Directions to 3ite:' r
4. State what sections required a permit:
Long-Term Commercial Forest, Chapter 17.10.060; inholding Lands, Chapter 17.01.062;
Mineral Resource Lands, Chapter 17.01.066; Wetlands, 17.01.070;_Critical Aquifer Recharge,
Chapter 171.01.080; Management Areas, Chapter 17.01.110;Chapter 17.01.090; _Aquatic Landslide Hazard Areas, 17.01.100; —Frequently Flooded Areas,
Erosion Hazard Areas, 17.01.104. Seismic Hazard Areas, Chapter 17.01.102;
5. Identify current use of property with exi§tirIg Improvements:
6. Identify and describe the proposed project, including the type of materials to be used, construction methods,
principal dimensions, a d other pertinent Info mation (Attach additional heats If needed):
� 1
7. Any water on or adjacent to property:Saltwater-Lake—River Pond Wetland
Seasonal Runoff k Other
8. Will there be an alteration of a wetland and/or wetland vegetation area? Yes -No�
9. If:septic is located on project site, include records. —
Connect to septic? Community Septic? Public Water Supply?-PP Y?._.._ Well?
10. Type of Job: New Add Alt Repair Demolition_____Other O
This permit is_granted pursuant to the Interim 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 rd/nances, or regulations applicable
, o
to this project, but not inconsistent with the Interim Resource Ordinance. The pen
event the permittee fails to comply with the conditions of this ordinance. n/t maybe rescinded pursuant to the
PERMIT NO.:
DATE RECEIVED:
q'Gti MASON COUNTY —1 a-7�
q•L�` DEPARTMENT OF COMMUNITY DEVELOPMENT Co 1
INTERIM RESOURCE ORDINANCE (Chapter 17.01 MCC)
411 N.5TH StreetlP.O. Box 578,Shelton,Wa 98584
ENVIRONMENTAL PER APP IrAT10 i
MASON ENVIRONMENTAL PERMIT CONDITIONAL USE ❑ VARIANCE ❑
4-160.00 FEE — �570,co
The purpose of the Interim Resource Ordinance Is to protect Mason County's natural resource lands and critical areas and
is under the authority of Chapters 36,3;,38.70A,39,34, 58,17, 76.09, 84.33, 84.34 and 90.58 RCW.
PLEASE PRINT
FEE:$110.00
1• Owner:
7�c�.c t ,,•
:> Owner
Site Ad r Mall n Addre • ,ess: - .�� g Address:
City: n rState: City: rk l ..—
Phone: ' Lien/Tftle Holder:
7 Fire District# Address:
SIGNATURE: r City: State: Zip;
2• Parcel Number: elay
Legal
g description:
Parcel Size:
3. Directions to Site:,
4. State what sections required a permit:
Long-Term Commercial Forest, Chapter 17.10,060;
_,Mineral Resource Lands, Chapter 17,01,066; Inholding Lands, Chapter 17,01.062;
Chapter 17.01.080; Wetlands, 17.01.070; Critical Aquifer Recharge,
Chapter 17.01.090 —Aquatic Management Areas, Chapter 17.01.110;
_Landslide Hazard Areas, 17.01.100; Frequently Flooded Areas,
Erosion Hazard Areas, 17.01.104. Seismic Hazard Areas, Chapter 17.01.102;
5• Identify current use of property with existing Improvements:
------------
6• Identify and describe the proposed project, Including the type of materials to be used principal dimensions, and other pertinent Information (Attach additional sheets If needed)struction methods,
�.
7. Any water on or adjacent to property: Saltwater
Seasonal Runoff `_Other Lake River ____Pond Wetland
8 Will there be an alteration of a wetland and/or wetland vegetation a?
9 n are_. ,v qs
NJ
9• If septic is located on project site, include records.
Connect to septic? Community Septic?
Public Water Supply?_ Well?
10• Type of Job: New Add
Alt Repair �A Demolition,_0ther
This Permit Is granted pursuant to the Interim Resource Ordinance(Chapter 17.01 MCC)and nothing In this e
excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations
to this protectTOR., but nslstent with the interim Resource Ordinance, permit shall
comply with the cond/t/ons of this ordnance. The permit maybe rescinded pursuant to the
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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
Rylan Broughton
4790 NE North Shore Rd
Belfair, WA 98528
May 24, 2002
Dear Mr. Broughton,
This letter is to let you know that I had a conversation with Gloria Rogers of WSF&W
today. She is reviewing your MEP/HMP for that department. She said that she wouldn't
have an opportunity to get her comments to you until late next week, so I offered to
forward them to you. Please direct any questions or concerns about this letter to Ms
Rogers.
WSF&W will require a Hydraulic Permit Application (HPA) for your culvert work and
for any trees that are dropped in a stream (if any). Enclosed is a JARPA application, this
is the application used to obtain a WSF&W HPA. This State approval is separate from
the County approval of the original MEP. The HPA will not hold up your County
approval, but you can't do the culverting work until WSDF&W has issued their HPA
approval.
You can contact WSF&W agent Gloria Rogers at 360-495-3068 (she will be out of the
office until 5/31). You can mail her your application at: P.O. Box 695, Elma, WA 98541.
It is my understanding that there is no fee associated with a HPA.
Sincerely,
W 11 �))"V,
Michael MacSems
FPA Planner
cc Gloria Rogers
October 14,2002 � S+ �
Rylan Broughton
RB Construction S
PO Box 2904 V
Belfair,WA 98528 0. 1—Le" ^
RE: Site Inspection;Tax Parcel Number 12229-22-00320 (and associated parcels)
Dear Mr.Broughton:
Thank you for meeting with Lang Waters and myself on October 8,2002. I found our discussion
very informative. I have evaluated the information provided by you and information provided by
Michael MacSems. Although some of the information is conflicting,I have been able to sort the
issues into two general matters that shall be addressed as follows:
(1) WORK PERFORMED ON LOWER PARCEL(12229-22-00320)
No permit application was submitted to address work proposed on this tax parcel. I have
determined that between 220(Larry Water's"conservative"estimate)and 500 cubic yards
(Allan Tahja's estimate)of fill material was deposited on this parcel. The fill supplemented
the existing roadbed and raised the road to a significantly more level grade. This fill was
placed within 300 feet of slopes that meet the Landslide Hazard Area Definition found in
Mason County Resource Ordinance section 17.01.100(copy enclosed for your reference). As
such,you need to submit a Mason Environmental Permit application that specifically
addresses the fill placed on this parcel. I understand that there was a significant amount of
confusion and miscommunication with respect to this project. As such,the standard$160
permit fee will apply if the permit application is submitted by November 8,2002. Tripled
"after the fact"fees will only apply if the permit application is received after November 8,
2002. An MEP application is enclosed. The permit application shall be accompanied by the
following:
• Written physical description of easement,if such description exists
• State Environmental Policy Act(SEPA)Checklist
A SEPA Checklist is enclosed. The application fee is$200. Tripled"after the
fact"fees will only apply if the checklist is received after November 8,2002.
The SEPA Checklist is required as fill was placed in a location that has the
potential to impact critical areas.
• Geotechnical Assessment
Submit a geotechnical assessment in accordance with Mason County Resource
Ordinance section 17.01.100 that specifically addresses(1)the site where the fill
was deposited and(2)the site from which the fill was removed.
(2) WORK PERFORMED ON UPPER PARCELS(12230-76-00010,20,30,40,41; 12220-
33-00211)
During the second portion of the site inspection,you and I discussed the fact that the work
performed deviates from language provided in the geotechnical assessment. The assessment
states that the access road"will be accomplished with switch-backs or hair-pin curves."
Rather,the road was constructed with significant cut and fill in a straight line through the
hillside.
You provided information in response that I considered,and that resulted in the conclusion
that follows. You advised that you provided Michael MacSems with a surveyed topographic
map with locations of the plotted road that mirror the actual physical location of the new
road. You indicated that you felt that you made it clear that the road was to go straight and
cut through the hill,based on conversations and yellow flagging that marked the proposed
road path. You expressed significant objections in response to concerns that you did not
work within the parameters of MEP2002-00034,and advised that you had spoken directly
with Michael MacSems regarding the fact that the"hair-pin turns and switch-backs"were not
going to be implemented.
I obtained a copy of the map that you referenced and discussed the matter with Michael. At
this time,you simply need to obtain an inspection of the entire section of road that was
constructed. This inspection shall be performed by your civil engineer and shall result in a
written evaluation of slope stability and drainage provisions to ensure that all construction is
satisfactory and poses no threat to the property in question or adjacent parcels.
I realize that several new requirements have been imposed that you were not expecting.
However,I have applied only what appears necessary to achieve compliance with County
regulations. I will be happy to discuss any questions or concerns that you may have regarding
this letter. You can reach me at(360)427-9670 ext. 593.
Sincerely,
e215TI0 PP—EPC4
Kristin French
Code Enforcement
CL6,Py )
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
MEMO
To: Squaxin Tribe
Washington State Dept of Fish &Wildlife
From: Michael MacSems1�1�
Date: 5/3/02
Re: Broughton&Vizina Mason Environmental Permit&Habitat Management Plan
BACKGROUND
The enclosed Mason Environmental Permit(MEP) is designed to cover three aspects of a
proposed Class IV logging permit near Allyn,Washington. These are cutting and removing 21
trees from inside the buffer of a Type V stream, replacing a 12"culvert with an 18"culvert in that
same stream and constructing an access road across a 35%slope. The applicant, Mr.Broughton,
owns 15 acres of land that abut Lake Land Village#5. His property consists of three 5-acre
parcels. Ultimately he intends to place a house on one(the western most) lot and leave the other
parcels as pasture. His access road will cross three lots to the east,that are owned by Mr. Stephen
Vizina. This project first came to your attention as SEPA 2002-00025 (MDNS).This MEP&
HMP were a condition of that SEPA.
PACKET CONTENTS
Please find enclosed items relating to a Mason Environmental Permit. This packet includes a
MEP application/with a map. A Habitat Management Plan by Lee Boad,a Geo-Technical Report
by Rolla Boughan,a Storm Water Site Plan prepared by the applicant,a review/approval of these
two items by Mason County Engineer Alan Tahja,a second map(a topo)and a post-dated Notice
of Application. (the Notice is posted dated because I have not yet received Mr.Vizina's signature,
but I am assured that I will receive it on the 61h)
REVIEW PERIOD
According to Mason County Ordinance 17.01.110.13,the local tribe and Washington Fish&
Wildlife are afforded a 28-day review period from the date of this notice to review the HMP. (I
should note that the road construction aspect of this MEP is not subject to the HMP—to the
extent that it lies outside of the FWHCA—and has a 10-day review period). If you have any
concerns or responses to the HMP please have them to me by May 31 (May 16 for the road cut).
If you have concerns about the quality or completeness of the attached document,please be
specific about what else you need so that I may relay that information back to the applicant or his
agents.
Thank you.
MASON COUNTY
4 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 15`", 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 8`". 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 1S`, 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 26'h. 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:My DocumentslRylan Broughton Neighbors.doe
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
� ,J
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:My DocumentARylon Broughton Neighhors.doc
05/06/2002 08:20 360--426-7990 CAMCO INC PAGE 01/01
^MMW"�A
S#7001893 Camco Inc dWRCLA
P O Box too
6400 F Agate Road
Shelton,Wa,99594
USA
Phone360-426.7900
Fax 360-426-7990
Email camcoinc@,msn.com
MAY 6TH 2O02
ATTENTION MR MICHAEL MACSEMS
MASON COUNTY
DEAR MR MACSEMS,
MR, RYLAN BROUGHTON HAS MY PERMISION TO PUT HIS EASEMENT ROAD
THROUGH MY PROPERTYIN ALLYN, HE AND I HAVE A CLEAR UNDERSTANDING
OF WHERE THE ROAD LOCATION WILL BE. THANK YOU FOR YOUR HELP IN
OBTAINING THE PROPER PERMITS..
PLEASE CALL ME IF YOU HAVE ANY QUESTIONS.
SINCERELY
STrHENJA