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Home My WebLink AboutLogging within 300" of Slopes - BLD Inspections - 10/29/2008 Code Enforcement Investigation Report Form / Mason County Resource Ordinance Mason County Resource Ordinance Code Selection Sheet Enforcement Case# �- Date: 01. Q Yes/No Section Title Applicable Subsections Y/6 17.01.070 Wetlands Y/& 17.01.nO F&W Areas 691 N 17.01.100 LHA ID) Y/N 17.01. Notes: Code Enforcement Planner: Li i� ,oc�,,100 (Ck)CLO Code Enforcement Investigation Report Form / Mason County Shoreline Master Program Mason County Shoreline Master Program Code Selection Sheet Enforcement Case # Date: Proiect Classification Applicable Subsections Notes: Code Enforcement Planner Mason County Dept. of Community Development Mason County Bldg. III, 426 W. Cedar, P.O. Box 186, Shelton, WA 98584 Shelton: (360) 427-9670 Belfair: (360) 275-4467 Elma: (360) 482-5269 NP10 Web: http://www.co.mason.wa.us Notification of Mason County Code Violation October 29, 2008 tv-7A—U Mason County Department of Community Development Shelton WA 98584 Claimant Vs. GREGG STAIRS PO BOX 12916 OLYMPIA WA 98508 Notice The receipt of this notice shall constitute service regarding notification of violations of the Mason County Code, and shall also serve as Warning Notice pursuant to Mason County Code, Title 15, Section 15.13.035. The violation(s) are occurring at the following property: Enforcement Case No.: ENF2008-00181 Parcel No.: 322325201001 Site Address: You are receiving this notice because of the following: ❑ Logging within 300 feet of slopes regulated under the Mason County Landslide Hazard Area section without an approved special report. Logging without a county approved Forest Practice Application. The specific Mason County Code(s) that apply to this activity are as follows: ❑ You are in violation of the following Mason County codes and regulations: Section 17.01.100 (Landslide Hazard Areas) of Ordinance No. 77-93. Specifically: (D)(2)(a),(b),(c) and (D)(3)(c) and (C)(2). Mason County Code Title 11.05 (Forest Practices Approvals) Specifically: 11.05.100 (a)(4). According to the Mason County Assessor records, parties named above hold legal interest in the parcel and are therefore subject to enforcement action for failure to comply. The parties shall respond to the county within twenty days of the postmark, posting on site, or delivery of the notice. Order YOU ARE HEREBY ORDERED to abate violations in the following manner: By 11/20/08 you must: You ordered to cease all un-permitted activity until all final permits/special reports are submitted and approved. Consider this your written notice that a STOP WORK order has been issued for all work. 1. Submit a Special report (Geo-assess ment/Geo-report) to the county for approval - review fee's apply. 2. Submit a Mason Environmental Permit and associated review fee of $ 1,770. Additional compliance items may be requested during the review process. Additional code violations may be found during the review process. The above information is based on my initial review of the project. A reconsideration of the above requested items may be considered upon review of additional information submitted regarding your case. Please give me a call if you would like to meet regarding the requested information in this letter. Appeals of my decisions can be made to my direct supervisor Bob Fink (Planning Manager). Appeals of any final Administrative Decision can be made to Mason County Hearings Examiner upon request (Associated appeal and hearing fees apply). The above applications can be picked and submitted at the Permit Assistance Center in Building 3, which is located at 426 W Cedar St, Shelton WA. I can be reached at 360-427-9670 at Ext. 577, if you have any questions. Penalties After the fact permits are subject to a triple fee penalty. Documents that are supplemental to application do not have additional penalty fees. In the event that you fail to comply, by the compliance deadline of 11/20/08 we will pursue additional enforcement action against you, including but not limited to recording against the parcel, civil infractions, liens against the property through the Mason County Hearings Examiner process and/or criminal prosecution as allowed under Title 15.13 of the Mason County Code. ENF2008-00181 Page 2 of 3 In the event that you feel you have received this notice in error or that the facts are inaccurate, I strongly encourage you to contact me at (360)427-9670 ext 577 to discuss your concerns immediately. Permit applications are accepted at the Permit Assistance Center, Mason County Building 3, 426 W Cedar ST, Shelton WA. Complete applications must be submitted with all applicable fees and supplemental documents. Sincerely, Ryan Crater Planner/ Code Enforcement Mason County Dept. of Comm. Development Cc: Property File Michael MacSems (FPA Planner) ENF2008-00181 Page 3 of 3 Violation: Logging within 300 feet of slopes regulated under the Mason County Landslide Hazard Area section without an approved special report. Logging without a county approved Forest Practice Application. Code Selections: You are in violation of the following Mason County codes and regulations: Section 17.01.100 (Landslide Hazard Areas)of Ordinance No. 77-93. Specifically: (D)(2)(a),(b),(c) and(13)(3)(c) and(C)(2). Mason County Code Title 11.05 (Forest Practices Approvals) Specifically: 11.05.100 (a)(4). Compliance Items: 1. Submit a Special report(Geo-assessment/Geo-report)to the county for approval — review fee's apply. 2. Submit a Mason Environmental Permit and associated review fee of$ 1,770. Additional compliance items may be requested during the review process. Additional code violations may be found during the review process. The above information is based on my initial review of the project. A reconsideration of the above requested items may be considered upon review of additional information submitted regarding your case. Please give me a call if you would like to meet regarding the requested information in this letter. Appeals of my decisions can be made to my direct supervisor Bob Fink(Planning Manager). Appeals of any final Administrative Decision can be made to Mason County Hearings Examiner upon request(Associated appeal and hearing fees apply). The above applications can be picked and submitted at the Permit Assistance Center in Building 3,which is located at 426 W Cedar St, Shelton WA. I can be reached at 360-427-9670 at Ext. 577, if you have any questions. Chapter 222-21 WAC SMALL FOREST LANDOWNER FORESTRY RIPARIAN EASEMENT PROGRAM WACs in this chapter were in effect 7/2001 except some have been amended since 7/2001. The effective dates of the amended WACs are shown after the WAC headings. WAC 222-21-005 Policy.........................................................................................................................21-1 222-21-010 Definitions. ................................................................................................................21-1 222-21-020 Criteria for accepting riparian easement....................................................................21-4 222-21-030 Document standards...................................................................................................21-4 222-21-035 Description of easement. .........................................................................................21-18 222-21-040 Timber cruises. ........................................................................................................21-18 222-21-045 Valuation..................................................................................................................21-19 222-21-050 Payment of compensation........................................................................................21-20 222-21-060 Commercially reasonable harvest............................................................................21-21 222-21-061 Criteria when commercially reasonable harvest is not possible..............................21-21 222-21-065 Uneconomic to harvest............................................................................................21-21 222-21-070 Blowdown and salvage............................................................................................21-22 222-21-080 Eminent domain.......................................................................................................21-22 222-21-090 Internal department of natural resources review of small forest landowner office compensation decisions...........................................................................................21-22 WAC 222-21-005 Policy. The legislature has found that further reduction in harvestable timber owned by small forest landowners as a result of the rules adopted under RCW 76.09.055 or 76.09.370 will further erode small landowners' economic viability and willingness or ability to keep the lands in forestry use and, therefore, reduce the amount of habitat available for salmon recovery and conservation of other aquatic resources. The legislature addressed these concerns by establishing a forestry riparian easement program to acquire easements from small forest landowners along riparian and other areas of value to the state for protection of aquatic resources. WAC 222-21-010 Definitions. [Effective 3129103] The following definitions apply to this chapter: (1) "Commercially reasonable harvest unit"means a harvest area that meets the requirements of WAC 222-21-060. (2) "Completion of harvest"means that the trees have been harvested from an area under an approved forest practices application and that further entry into that area by any type of logging or slash treating equipment or method is not expected. (3) "Compliance costs" includes the cost of preparing and recording the easement, and any business and occupation tax and real estate excise tax imposed because of entering into the easement. (4) "Danger tree" means any qualifying timber reasonably perceived to pose an imminent danger to life or improved property. 21-1 STATE.�� • s, CR-101 (June 2004) f, = PREPROPOSAL STATEMENT OF INQUIRY (Implements RCW 34.05.310) Do NOT use for expedited rule making Agency: Forest Practices Board Subject of possible rule making: The Forest Practices Board is considering rule making in Title 222 WAC, "Forest Practices", to allow for harvest of danger trees adjacent to residential home sites. Statutes authorizing the agency to adopt rules on this subject: RCW 76.09.040 Reasons why rules on this subject may be needed and what they might accomplish: Currently the Forest Practices rules do not allow for the removal of trees that threaten public safety on "forest land" as that term is defined in chapter 222-16 WAC. The Board intends to amend any rules necessary to ensure the safety of people and residential developments. Identify other federal and state agencies that regulate this subject and the process coordinating the rule with these agencies: The Departments of Ecology, Fish and Wildlife and Revenue may have an interest in rule development. The Board will contact those agencies for this purpose. Process for developing new rule(check all that apply): ❑ Negotiated rule making ❑ Pilot rule making ❑Agency study ® Other(describe) The Board will request input from interested stakeholders to develop rule language, including the state agencies listed above, and also the Washington State Association of Counties to ensure that the counties'jurisdictional responsibilities are appropriately considered. How interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication: (List names, addresses, telephone, fax numbers, and e-mail of persons to contact; describe meetings, other exchanges of information, etc.) Mail, fax, or email comments to: Patricia Anderson, Forest Practices Board Rules Coordinator Department of Natural Resources Forest Practices Division PO Box 47012 Olympia, WA 98504-7012 Fax: (360) 902-1428; email: forest.practicesboard@dnr.wa.gov DATE CODE REVISER USE ONLY May 30, 2008 OFFICE OF THE CODE REVISER NAME true nl STATE OF WASHINGTON Victoria Christiansen FILED SIGNATURE DATE: June 02, 2008 TIME: 8:12 AM TITLE WSR 08-12-053 Chair -- - -•��r ..via v——. JVV—U/Y—/VJY ),1.J i;;ounty Map Output Page Page 1 c Stairs Timber Harvest - E 4TH ST N S ' E KUNN AVE s ..._. ...... . 1 .+V�►.►w++.S_.,---EALDERNEX / t1D R . �1 D DISCLAIMER AND LIMITATION OF LLkBiLr[Y: The data used to make this tromp have been tested for accuracy,and every effort has been made to ensure that thole dale are timely,accu atc and reliable.however,Mason County LEGEND makes no guarantee or warranty to its accuracy as to labeling,dimensions,or placement or location of any map features contained herein.The boundaries depicted by these data are Roads Fodorat lands approximate,and are not necessarily accurate to surveying or engineering standards,and arc intended for informational purposes only.Mason County does not asstane any legal liability Carly of Shraon or responsibility arising from the use of this map in a mamrcr not intended by Mason County. In no event shall Mason County be liable for direct,indirec4 incidental,consequential, 4: Rovers 8 Slr„ems C3 County 5ounuary tt"R) special,or tort damages of any kind,including,but not limited to,loss ofanticipawd profits or benefits arising from use of or reliance on the information contained herein Po"Is Co mmrssrorwr Dstncls ®2006-Mason ' Sectons Lakes County Townshgs S Puget Sound 4 Maltr Lakes 415 N.Sixth Street Shelton,WA 9& 4 A/ar i/lclaelel;'A .)a&xer-rtrc 10 /015 /c� g �C-u n t�i rtq hUp://mapmason.co_mason.wa.us/serviet/com.esri.esrimap.Esrimap?ServiceName=amason_ov&ClientVersio... 10/6/2(