HomeMy WebLinkAboutVAR2016-00004 MRP2016-00054 Forestry Waiver - MEP Permit / Conditions - 2/2/2017 FINDING OF FACT
WAIVER OF FOREST MORATORIUM#VAR 2016-00004
APPLICANT: Cedarland Forest Resources(Hwy 302 site)
APPLICATION DATE: 4/15/16
Mason County has reviewed the above referenced application for a 1.4-acre waiver of the
six-year moratorium resulting from a permitted Class II forest practice activity (2418399)
and finds it in conformance with all applicable County land use regulations in effect at
the time of application.
FINDINGS
The proposed waiver of six year moratorium is compliant with the following conditions:
The applicant has paid the prescribed fees.
The applicant has filed a complete application.
This six year moratorium waiver is in conformance with the following Mason County
ordinances:
Forest Practice Moratorium Ordinance 11.04
1. The development area is no larger than two (2) acres in size.
See attached site map.
2. The harvest and reforestation of the property shall be completed as specified in
the approved forest practices application/notice.
Release by Jason Sharp, DNR, 516116.
3. There shall be no damage to a critical area or its associated vegetation area nor to
the shoreline area(if any) or any damage to those areas is repairable with
restoration.
Necessary damage to F-stream buffer did occur in order to rehab old road
grade/driveway. MEP 2016-00054 has been approved and mitigation work is
complete.
4. The proposed development is consistent with the Mason County Comprehensive
Plan and Development Regulations.
1
The proposed development is limited to residential use per the criteria of the
waiver process. The location is zoned Rural Residential-5 which is consistent with
residential development.
5. If necessary,mitigation shall be required for impacts to critical areas, stormwater,
and shorelines. Other mitigation may be required to prevent adverse
environmental impacts,pursuant to Mason County Ordinance#55-97,the
Environmental Policy Ordinance.
Mitigation in F-steam buffer is complete and subject to three years of monitoring.
Title 15 Mason Development Code
This application for a waiver from the six year moratorium has been processed as
a Type II permit with appropriate notices.
Comprehensive Plan and Development Regulations
The activity proposed for the site affected by this waiver from a six year
moratorium is compatible with the Mason County Comprehensive Plan and
Development Regulations. The site is zoned Rural Residential-5.
Shoreline Master Program
This property does not contain land that falls within the jurisdiction of the Mason
County Shoreline Master Program. Designation: X. Any activity in those portions
of this site shall be consistent with the requirements of the Shoreline Master
Program.
N/A
Mason County Critical Areas Ordinance
Site contains an F-Stream. A Habitat Management Plan report was prepared by
The Wetland Corps. The waiver area is out side of the stream buffer, but the HMP
was required for the driveway.
State Environmental Policy Act
This application for waiver from the six year moratorium#VAR 2016-00004 has
been reviewed for SEPA compliance under case# SEP 2016-00032, and a
mitigated determination of non-significance has been made.
2
CONCLUSIONS
In conclusion,this application for a waiver from the six-year moratorium associated with
permit#2418399 is consistent with the above criteria. The following types of permits
may be issued prior to 2/17/22 under this waiver.
1. Building permits for a single family residence and/or for a residential outbuilding.
2. Single-family on-site septic permit.
3. Road access permit.
4. Earth modification permits.
5. Shoreline Master Program approvals.
6. Well and potable water permits.
7. Other approvals necessary to the development of a single family residence and out
buildings.
Any permit issued under this waiver shall be conditioned, as necessary,to limit the
approval to only that development consistent with the intent of section 11.04.340 of the
Mason County Forest Practice Ordinance# 11.04.
RECOMMENDATIONS
I,being a duly appointed designee of the Mason County Department of Community
Development Director,hereby attest to and certify that appropriate provisions have been
made for this six year moratorium waiver and hereby recommend approval.
Dav"ITVindom, Director Community Services Dept. Date
Michael MacSems, Forest Practices Planner Date
3
re°N ` r MASON COUNTY (360)427-9670 Shelton ext. 352
A COMMUNITY SERVICES DEPARTMENT (360)275-4467 Belfair ext. 352
Mason County Bldg. 8, 615 W.Alder Street (360)482-5269 Elma ext. 352
Shelton, WA 98584 www.co.mason.wa.us
ixu
To: Whom It May Concern
From: Michael MacSems, Mason County Planning Dept y 01
Date: January 4, 2016
Re: Mason Environmental Permit w/Habitat Management Plan for Cedarland Forest
Resources(MEP 2016-00054)
Comment Period:
Per sections 17.01.110.G.Li, 17.01.100.C.2, and 17.01.120.H of the Mason County
Resource Ordinance, a copy of the Cedarland Forest Resources Mason Environmental
Permit(MEP) is being made available to all stipulated parties. Mason County officials
have until January 25,2017,to respond and outside agencies need to respond by February
1, 2017. In the event that no comments are received from a particular department or
agency, within the comment window,the Planning Department will assume that there are
no concerns. Written comments should be sent to the address listed above.
Project Background:
The project involves the cutting of vegetation from an historic logging grade cut,for the
purposes of creating a driveway,through the 150'vegetative buffer adjacent to an
unnamed F-stream. Portions of the subject parcel were logged in 2016 under Class III
FPA#2418399. The property owner subsequently requested a 2-acre residential waiver to
the moratorium as allowed by MCC 11.04.080. The moratorium wavier area is located
outside of the 150' stream buffer,however, due to topography,there was no option to
avoid this location for the driveway. A geo-technical report was written for the site by
GeoResources who concluded that the slope is not a landslide hazard area(LSHA). A
Habitat Management Plan(MEP)was prepared for this site by The Wetlands Corps had
significant typo that had to be corrected by the applicant and delayed the timing of the
MEP relative to other aspects of the moratorium waiver process, including SEPA(SEPA
2016-00032)review,which are now complete.
If you have any questions,please call me at ext 571 or e-mail at mms@co.mason.wa.us.
Thank you.
Contact List:
Mason County Community Services Department Director
Mason County Public Works Director,Mason County Fire Marshal,Mason County Building Official
Olympia Region Clean Air Agency,Squaxin Tribe
Wash Dept of Fish&Wildlife,Wash Dept of Ecology
Harbor Environmental Keview Services
7603 SAND FL
Gig harbor, WA 98335
rkone 255-851-9221
rax: 253-251-5155
January 4,2017
Mr.Joe Cedarland
Cedarland Forest Resources LLC
PO BOX 2264
Gig Harbor,WA 98335
RE: Mason Environmental Permit (MEP 2016-00054)/Parcel 12216-24-00000 Monitoring
Dear Mr.Cedarland,
Thank you for contacting me regarding your mitigation project in Mason County located on the above
referenced parcel. I have reviewed the Habitat Management Plan prepared by The Wetland Corps as
well as email correspondence you provided from Michael MacSems of Mason County. I
understand you need a proposal for 3 years of annual monitoring for success of installed
enhancement plantings.
I propose to provide annual monitoring following installation at the end of each growing season
as follows
REPORT DATE COST
2017 End of Growing Season Not later than October 31, 2017 $312.50
2018 End of Growing Season Not later than October 31,2018 $250.00
2019 End of Growing Season Not later than October 31, 2019 $250.00
TOTAL $812.50
These costs are estimates only and may change should conditions change or contingency
measures are required to meet performance standards. Please let me know if you have additional
questions. I will require contact from the current property owner annually to request this service.
Sincerely,
HARBOR ENVIRONMENTAL REVIEW SERVICES
1p&rr RECEIVED
Barbara Best, WETLAND SPECIALIST JAN 1 1 20V
W 5 W. , ;,uer Street
Harbor Environmental Review ,5ervices
° 7603 52ND FL
Gig harbor, WA 98335
Phone 253-851-9221
Fax: 253-25 1-3 1 55
January 4,2017
Mr.Joe Cedarland
Cedarland Forest Resources LLC
PO BOX 2264
Gig Harbor, WA 98335
RE: Mason Environmental Permit(MEP 2016-00054)/Parcel 12216-24-00000 Monitoring
Dear Mr.Cedarland,
Thank you for contacting me regarding your mitigation project in Mason County located on the above
referenced parcel. I have reviewed the Habitat Management Plan prepared by The Wetland Corps as
well as email correspondence you provided from Michael MacSems of Mason County. I
understand you need a proposal for 3 years of annual monitoring for success of installed
enhancement plantings.
I propose to provide annual monitoring following installation at the end of each growing season
as follows
REPORT DATE COST
2017 End of Growing Season Not later than October 31, 2017 $312.50
2018 End of Growing Season Not later than October 31,2018 $250.00
2019 End of Growing Season Not later than October 31,2019 $250.00
TOTAL $812.50
These costs are estimates only and may change should conditions change or contingency
measures are required to meet performance standards. Please let me know if you have additional
questions. I will require contact from the current property owner annually to request this service.
Sincerely,
HARBOR ENVIRONMENTAL REVIEW SERVICES
Barbara Best, WETLAND SPECIALIST
MASON COUNTY
Type of Permit: n C���
Owner/Developer/Contractor. CE A D FS—r E^iJEC,LS
Type of Improvement: FEng
Project Location: V K
Legal Description of Pro erty C � l
With reference to the above-identified matter, this will certify that this institution has a
savings account (or loan) for the above-referenced owner/developer/contractor for the
project so identified. In consideration of the permitted improvement, and in lieu of a
performance bond, this institution hereby agrees that it will freeze the following sums of
money for the indicated improvement pending written authorization for release of said
funds by the Countv of Mason in the amount of
$_I � ���j Dollars.
The total sum indicated will be withheld by this institution from any disbursements of
any kind until written authorization has been received by this institution for the County of
Mason to release the sum of money indicated by the written authorization from the
County.
The design, location, materials and other specifications for the indicated improvement are
those required by the County of Mason as appears in the above-referenced
document/permit, and shall be in compliance with the Mason County Resource
Ordinance No. 77-93.
These funds shall be held by the institution for a period of 3(�months/ ycars.
In the event the Contractor/Developer/Owner does not comply to the aforementioned
requirements, the County of Mason may demand, and the institution shall make, payment
to the County of Mason of said funds so that the necessary repairs can be performed
immediately to Mason County standards. The institution shall not be liable to the owner
for any disbursement of said funds to the County of Mason.
- Page 1 of 2 -
It is hereby specifically agreed by and between the parties hereto that in the event that
any legal action must be taken to enforce the provisions of this bond or to collect said
bond, that the prevailing party shall be entitled to collect its cost and reasonable
attorneys' fees as a part of the reasonable costs of securing the obligation hereunder. In
the event of a settlement or resolution of these issues, prior to the filing of any suit, the
actual costs incurred by the County, including reasonable attorneys' fees, shall be
considered a part of the obligation hereunder secured. Said costs and reasonable legal
fees shall be recoverable by the prevailing party, not only from the proceeds of this bond,
but also over and above said body as a part of any recovery in any judicial proceeding, in
addition to recovery on the bond. ,,,, n
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UNT NUMBER
STATE OF WASHTNGTON,
County of� (Individual Acknowledgement)
I, �� c�'C�Notary Public in and for the State of
Wa figton, re ' m at r ' Q P , do hereby certify that on this
1.41
day of , 20 , personally appeared before me
49
e known to be the individual described herein and who In
exe uted the within instrument and acknowledged that�Q,signed and sealed the same
as free and voluntary act and deed for the uses and purposes herein mentioned.
20 GIVEN UNDER MY HAND AND OFFICIAL SEAL this G \day of j.n LGZ
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-Page 2 of 2- ;z
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MASON COUNTY
Type of Permit: B �' o I "Ekh]9L pEIR.ni jt
Owner/Developer/Contractor: CIF)A V P—FOREST R0)Wgff,— S
Type of Improvement: &-FfW-- 9ESEDIZ6n Cx\,
Project Location: ma
Legal Description of Pro erty:
��0yI�
With reference to the above-identified matter, this will certify that this institution has a
savings account (or loan) for the above-referenced owner/developer/contractor for the
project so identified. In consideration of the permitted improvement, and in lieu of a
performance bond, this institution hereby agrees that it will freeze the following sums of
money for the indicated improvement pending written authorization for release of said
funds by the Countv of Mason in the amount of
s-I . �] 5 Dollars.
The total sum indicated will be withheld by this institution from any disbursements of
any kind until written authorization has been received by this institution for the County of
Mason to release the sum of money indicated by the written authorization from the
County.
The design, location, materials and other specifications for the indicated improvement are
those required by the County of Mason as appears in the above-referenced
document/permit, and shall be in compliance with the Mason County Resource
Ordinance No. 77-93.
These funds shall be held by the institution for a period of&months/ years.
In the event the Contractor/Developer/Owner does not comply to the aforementioned
requirements, the County of Mason may demand, and the institution shall make, payment
to the County of Mason of said funds so that the necessary repairs can be performed
immediately to Mason County standards. The institution shall not be liable to the owner
for any disbursement of said funds to the County of Mason.
- Page 1 of 2 -
It is hereby specifically agreed by and between the parties hereto that in the event that
any legal action must be taken to enforce the provisions of this bond or to collect said
bond, that the prevailing party shall be entitled to collect its cost and reasonable
attorneys' fees as a part of the reasonable costs of securing the obligation hereunder. In
the event of a settlement or resolution of these issues, prior to the filing of any suit, the
actual costs incurred by the County, including reasonable attorneys' fees, shall be
considered a part of the obligation hereunder secured. Said costs and reasonable legal
fees shall be recoverable by the prevailing party, not only from the proceeds of this bond,
but also over and above said body as a part of any recovery in any judicial proceeding, in
addition to recovery on the bond. n
`�WPROVE c` e"%� (�-.ekv�C
..��N OF BANK/PHONE #
ACCEPT �h cc
OFFICER/TITLE
BA
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DUI 02P�-
ACCOUNT NUMBER
STATE OF WASHINGTON,
County of—lam (Individual Acknowledgement)
I, 0�n/07"_ J;a /gn-^ Notary Public in and for the State of
Wast'pgton, re ' in at Q 1 , do hereby certify that on this
day of , 20Lq personally appeared before me
e known to be the individual described herein and who
executed the within instrument and acknowledged that�Q_,signed and sealed the same
as free and voluntary act and deed for the uses and purposes herein mentioned.
20_ff.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this G,f \day of J /nvQQ
(____y0A
//�� DD No ary Publn and f the State of' i JACxs
Washington, residing yat 0-il �t wsaid County. My Commission exp' �'•••"••••°ti
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-Page 2 of 2-
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C3Cadarland Forest Resources TACOMA VYA 963 k.
P.O. Box 2264 �, ,
Gig Harbor WA 98335 3-0 AN Y-`Lf :,-1• ,.✓ '"�....r
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RECEIVED
CDrrro .JAN 1 1 2017
615 W. Alder
i�UD E-2 SST-
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