HomeMy WebLinkAboutVAR2005-00002 Hearing - VAR Letters / Memos - 2/8/2005 a ,
CASE INDEX
Ryan Griffey
VAR2005-00002
Index # Date Description
1 March 31, 2005 Exhibit 1: Staff Report
—February 8, 2005 Attachment 1: Resource Ordinance Application
February 8, 2005 Attachment 2: Variance from Standards Information
rebruary 8, 2005 Attachment 3: Habitat Management Plan
5 February 17,2005 Attachment 4: Affidavit of Posting Notice
February 24,2005 Attachment 5: Affidavit of Publication
February 17, 2005 Attachment 6: HMP Notification of Review Letter
8 February 17, 2005 Attachment 7: HMP Notification of Review Letter
Attachment 8: Comments from Tracy Farrell
10 July, 2001 Attachment 9: VVDNR Stream Typing Criteria
11 Attachment 10: Title Notification of Habitat
Management Plan
L a
Mason County
Department of Planning
Building I * 411 N. 51h Street * P.O. Box 279
Shelton, Washington 98584 * (360) 427-9670
March 30, 2005
TO: Mason County Hearing Examiner
FROM: Planning Staff—Charles Mead McCoy III
RE: Variance from the Mason County Resource Ordinance (VAR2005-00002)
STAFF REPORT
I. Introduction. This report evaluates a request for a variance from the Mason
County Resource Ordinance No. 77-93, specifically for the construction of a two-
story, single-family residence with a proposed footprint of 1,800 square feet;
approximately 100 feet from a Type 3 stream; and within a Category II wetland
vegetation area. The proposed project is described in detail in the attached Habitat
Management Plan (HMP) (Attachment 3). Staff recommends approval of
proposed project.
II. Applicant. Ryan Griffey.
III. Property Location. Site address and Project Location: 461 E. Coulter Creek
Road, Belfair. Parcel#12209-24-00041.
IV. Date of complete application: February 8, 2005
V. Evaluations.
A. Characteristics of the site. The parcel is generally,rectangular in shape
extending approximately 450 feet from east to west and 320 feet from north to
south. The parcel is 1.12 acres. Coulter Creek(Type 1 stream) enters the
property along the northern boundary line and then exits the property
northward. Lucas Creek (Type 3 steam) roughly parallels the western
boundary line and flows through the property from south to north. It joins with
Coulter Creek in the northwest corner of the property. A Category II wetland
lies on the northern portion of the property, flanked to the north by Coulter
Creek and to the west by Lucas Creek. East Coulter Creek Road borders the
property on the south. No Existing structures are on the property.
Approximately 0.29 acres of the lot has historically been maintained as a
"cleared and graveled area for several decades"per HMP (Attachment 3).
Pictures of site are included in the HMP (Attachment 3).
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B. Characteristics of the area. The area lies less than 1 mile north of the North
Bay of Puget Sound. The vegetation in the vicinity is mixed, lowland riparian,
deciduous forest and conifers with several single-family residences occupy the
area.
C. Comprehensive Plan Desi ation. The Mason County Comprehensive Plan
designation for the site is Rural.
D. Zoning. The parcel is zoned Rural Residential-10 (RR-10)per the Mason
County Development Areas Map.
VI. SEPA Compliance,public and agency comment. This activity is SEPA
exempt per WAC 197-11-800 (1), (iii). Public notice of the application and
hearing date was posted onsite on February 17, 2005 and notice was made in the
Shelton-Mason Journal on February 24, 2005 (Attachments 4 and 5). The
proposal required review and comment of a Habitat Management Plan by the
Squaxin Island Tribe and Washington Department of Fish and Wildlife.
Notification was sent on February 17, 2005 (Attachments 6 and 7). A 28-day
comment period followed. Tracy Farrell of the Squaxin Island Tribe Natural
Resources Department commented that he "would like the plan [HMP] to address
the control of scotch broom (Cytisus scoparius) in addition to Japanese knotweed
(polygonum cuspidatum), Himalayan blackberry(Rubus discolor) and reed
canarygrass (Phalarys arundinacea). There should be no lawn within the 150'
standard buffer area." (Attachment 8). Proposed mitigation is to place native
plantings in an area of 6,000 square feet located in zones of high habitat priority.
This area is currently a moderately to highly disturbed site with established
exotic, alien plant species present with cleared and graveled areas established.
The parcel is encumbered by a Type 3 stream buffer and a Category II wetland
vegetation area. A Type I stream also passes through the property on the north.
Locations of restoration sites are identified in the HMP(Attachment 3).
VII. Other Permits or Approvals. The proposal will require a Mason County
Building Permit for the construction of a single-family residence.
VIII. Analysis:
(All references to County codes are with respect to those codes as adopted.)
The required buffer for a Type 3 stream is 150 feet plus a 15-foot building setback for a
total distance of 165 feet from the stream. Stream typing is per Washington Department
of Natural Resources stream typing criteria(Attachment 9). The proposal is to construct a
single-family residence with a footprint of 1,800 square feet approximately 100 feet from
the ordinary high water mark of a Type 3 stream. This proposal requires a variance per
the requirements associated with Mason County Resource Ordinance No. 77-93,
specifically Section 17.01.110, Fish and Wildlife Habitat Conservation Areas, which
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details stream buffer requirements and Section 17.01.150, Variances from Standards,
which establishes variance procedures and criteria.
The submitted HMP addresses requirements for wetland mitigation, specifically Section
17.01.070, Wetlands, which details mitigation for wetland impacts. The Category II
wetland designation of the area sited in the HMP, with the associated wetland-type being
Shrub-Scrub and Emergent, requires a ratio of 1:2 (wetlands acres filled to wetlands acres
created) replacement of habitat loss.
The location of the proposed single-family residence within the buffer effectively reduces
that buffer. Section 17.01.110.G.c. states that"new residential construction ...is not
permitted within FWHCA or its buffer, except...as approved through a variance or
reasonable use exception." Staff has been instructed that the reasonable use exception
may only be pursued after the variance option has been exhausted. Section 17.01.120.Q.
states that"except when application from this Chapter would deny all reasonable use of a
site, an applicant who seeks an exception from the regulations of the Chapter shall pursue
a variance as provided in Section 17.01.150."
Section 17.01.110.G.1 requires that a Habitat Management Plan (HMP)be prepared in
association with the proposed development. The HMP shall consider measures to
preserve and protect wildlife habitat and shall identify how the impacts from the
proposed use or activity will be avoided or mitigated through habitat mitigation.
Section 17.01.150(E),Review Standards for a variance states that no variance shall be
granted unless the County makes findings of fact showing that the following
circumstances exist:
1. That the strict application of the bulk, dimensional or performance standards
precludes or significantly interferes with a reasonable use of the property not
otherwise prohibited by County regulations;
2. That the hardship which serves as a basis for the granting of the variance is
specifically related to the property of the applicant, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the application of
the County regulations, and not, for example from deed restrictions or the applicant's
own actions;
3. That the design of the project will be compatible with other permitted activities in the
area and will not cause adverse effects to adjacent properties or the environment;
4. That the variance authorized does not constitute a grant of special privilege not
enjoyed by the other properties in the area, and will be the minimum necessary to
afford relief,
5. That the public interest will suffer no substantial detrimental effect;
6. No variance shall be granted unless the owner otherwise lacks a reasonable use of the
land. Such variance shall be consistent with the Mason County Comprehensive plan,
Development Regulations, Resource Ordinance and other county ordinances, and
with the Growth Management Act. Mere loss in value only shall not justify a
variance.
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Staff discussion:
1. The purposes of the Mason County Resource Ordinance are detailed in Section
17.01.020. The parcel is entirely encumbered by two critical areas, a Type 3 stream
and a designated Category II wetland. The siting of the proposed single-family
residence in an area on the parcel that has been disturbed for decades, attempts to
mitigate further impact to the critical areas. There are no existing structures on the
property. The proposal recommends that the dwelling be placed 100 feet from the
stream. This situates the home in the southeast corner of the property, allowing for
the placement of a septic system to the east of the proposed home site. The proposed
dwelling footprint of 1,800 square feet is an allowable use in Rural Residential 10
zoning, and is therefore consistent with surrounding land uses. Over 4,000 square
feet of stream buffer and 2,000 square feet of wetland vegetation area will be restored
through vegetation enhancement per HMP (Attachment 3). This provides for minimal
amount of critical area disturbance and thus is consistent with purposes #2 & #3 of
Section 17.01.11O.A. of the Resource Ordinance.
A single-family residence is considered as reasonable use. The proposed dwelling
with footprint of 1,800 square feet does not appear to be inconsistent with other
residential uses in this area. Included in the footprint calculation of 1,800 square feet
an attached garage is contemplated.
2. The hardship is a direct result of the size and location of the parcel. The parcel is
encumbered by a Category H wetland to the north and Type 3 stream to the west.
There is no allowable area on the lot to be built upon without a variance as a result
of the configuration of the two critical areas and their associated buffer/vegetation
area requirements. The proposed placement of the single-family residence is the most
logical choice in that it places the structure in a previously disturbed area and at a
reasonable distance from both critical areas.
3. The construction of a single-family residence is consistent with surrounding land uses
and a permitted use in Rural Residential 10 zoning. Factors considered in the
placement of the structure include the presence of a Type III stream and a Category
H wetland. The proposed building location was chosen because the area has
previously been cleared and graveled and also as a compromise position intended to
diminish the combined impact to both stream and wetland critical areas. This
provides for a minimal amount of critical area disturbance. Additionally, the
applicant has offered to place a garage below the residence within the proposed
footprint of 1,800 square feet. The driveway entrance to the proposed dwelling will
allow for vehicle entry below the structure. The applicant has proposed mitigation
per attached HMP for enhancement of existing riparian and wetland vegetation
(Attachment 3).
4. Variances are contemplated and procedures are established by the provisions of
Chapter 17.01.110(D)(2). The intended use is compatible and in keeping with the
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surrounding land use. The size of the proposed structure appears to be consistent
with the surrounding single-family residences as noted in the response to question
one. The proposed location for the new structure will be in an area that contemplates
the least impact on critical areas.
S. The public interest will suffer no substantial detrimental effect. The proposal is
consistent and compatible with the surround land uses. The structure will be built to
current Mason County codes.
6. The granting of the variance is necessary for the placement of any structure on this
lot due to the required buffer/setbacks from streams and wetlands.
IX. Conclusions. Upon the above discussion the proposal is consistent with the
variance criteria detailed in Section 17.01.150. Staff recommends approval of the
proposal subject to the conditions listed below.
1. Developers and individuals shall be required to control erosion during
construction. Removal of vegetation shall be avoided and any areas disturbed
should be restored to prevent erosion and other environmental impacts.
2. The existing natural vegetative buffer shall remain undisturbed by any
construction and/or development activities on the parcel.
3. The provisions and recommendations of the Habitat Management Plan shall
be enacted.
4. All upland areas disturbed or newly created by construction activities shall be
seeded, vegetated or given an equivalent type of erosion protection(silt
fencing or straw matting).
5. A detailed planting plan, with species composition, density, and distribution
shall be provided to and approved by planning staff prior to final approval of
the building permit.
6. A monitoring plan shall be enacted whereby a qualified biologist shall submit
a report detailing the condition of the restoration area. This report shall be
due on the anniversary date of the issuance of the building permit and shall be
submitted annually for three years.
7. A survival rate of 90%of plantings is required each year during the three-year
monitoring period. If survival falls below 90%, the applicant shall replant to
restore the required survival percentage and shall extend the monitoring report
the necessary period to address the replantings.
8. A restoration bond shall be established with Mason County in the amount
necessary to perform the restoration prior to final approval of building permit.
9. No degradation of water quality shall occur as a result of this project.
10. A title notification of habitat management plan shall be recorded with the deed
prior to final approval of the building permit(Attachment 10).
X. Choices of Action.
1. Approval of the Variance request.
2. Denial of the Variance request.
3. Conditional approval of the Variance request.
4. Remand the case to staff for further information and/or clarification
PERMIT NO.: VAboods -QQao�
DATE RECEIVED:
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
RESOURCE ORDINANCE (Chapter 17.01 MCC) RECEIVED
411 N. 5TH Street/ P.O. Box 279, Shelton, WA 98584
.FEB 0 8 2005
ENVIRONMENTAL PERMIT APPLICATION 426 W� CEDAR ST.,
MASON ENVIRONMENTAL PERMIT ?C CONDITIONAL USE i VARIANCEO
The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical
areas and is under the authority of Chapters 36.32, 36.70A, 39.34, 58.17, 76.09, 84.33, 84.34 and 90.58
RCW.
PLEASE PRINT
1.
Owner: 12 r->Q�j-S' ,ryt V e\ � Owner Mailing Address:
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Site Address:
City: State: W A Zip: IL(
City: _LEA7Av- State.w� ZipC(g�Lien/Title Holder
Phone: Daytime(3 t o ) -p,-i - 3 t ( S
Address:
Fire District#:
City: State: Zip:
Signatures �-Ict'' �m A, I-i-'i
7
2.
Parcel Number: aa.aq� - ay .1 Legal description: !
Parcel Size:_ I ig= tP b F N U.1 5 (01 .2 7 S
3. Directions to site:
C rs,,..`k-t, C-L 2.( T .rC 92 -S-v- L &A- r \ lc
State what sections require a permit: In-Holding Lands, Chapter 17.01.062 ❑
4' Long-Term Commercial Forest, Chapter 17.10.060 ❑ Wetlands, Chapter 17.01.070 X
Mineral Resource Lands, Chapter 17.01.066 ❑ Frequently Flooded Areas, Chapter 17.01.090 ❑
Aquifer Recharge Areas, Chapter 17.01.080 ❑ Landslide Hazard Areas, Chapter 17.01.100 ❑
Erosion Hazard Areas, Chapter 17.01.104 ❑ Seismic Hazard Areas, Chapter 17.01.102
Fish and Wildlife Habitat Conservation Areas, Chapter 17.01.110 9
5.
Identify current use of property with existing improvements: n
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ap-
6.
Identify and describe the proposed project, including the type of materials to be used,construction methods,principle
dimensions and other pertinent information(Attach additional sheets if
needed): —TL—A— p
cl.
7. Will there be an alteration of a wetland and/or wetland vegetation area? Yes ❑ No )15
8. Any water on or adjacent to property:
Saltwater ❑ Lake ❑ RiverX Pond ❑ WetlandA5 Seasonal Runoff ❑
Other
9. If septic is located on project site,include records.
Connect to septic? ❑ Community Septic? ❑ Public Water Supply? ❑ Well? ❑
10.
Type of Job: New J-Add ❑ Alt ❑ Repair ❑ Demolition ❑ Other
Thispermit is granted pursuant to the 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, ordinances, or
regulations applicable to this project, but not inconsistent with the Resource Ordinance. The permit may be
rescinded pursuant to the event the permittee fails to comply with the conditions of this ordinance.
MASON ENVIRONMENTAL PERMIT: $510.00/$305.00(with another permit)
MASON CONDITIONAL USE ENVIR.PERMIT: $1,W.00 _
MASON RESOURCE ORDRFO
C : $1,225,00
HEARINGS EXAMINER:fl-Ay' r J
g&D,V(—)
Show the following on the site plan
Lot Dimensions Flood Zones
Existing Structures Fences
Water Lines Driveways
Drainage Plans Shorelines
Septic System Topography Indicate Directional by(N,S,E,W,etc.)
Proposed Improvements Easements In relation to plot plan
Name if Flanking Street
APPLICANT TO DRAW SITE PLAN BELOW:
N�=
o,
o
APPLICANT TO DRAW TOPOGRAPHY BELOW:
Vk V u-,I
1�4 i
DEPARTMENTAL REVIEW
FOR OFFICE USE ONLY
COMMENTS
Planning:
Environmental
Health:
Building Plan
Review:
Occupancy
Group:
Fire Marshal:
Other:
Conditions: FEES
Total fees:
Accepted by: Date:
MASON COUNTY RESOURCE ORDINANCE July 2003
Publication cost is the responsibility of the applicant. Final permit processing will not occur until
advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County
Journal will bill the applicant directly.
I /WE understand that I /WE must sign and date the attached acknowledgment indicating and that I /
WE understand that is MY / OUR responsibility. I /WE must submit the signed page as part of
application in order for it to be considered as complete.
Q �I s �
DATE
OWNER
1
APPLIC
MASON COUNTY RESOURCE ORDINANCE Juk,2003
LIST OF ADJACENT PROPERTY OWNERS
WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES
FOR CONDITIONAL USE AND VARIANCE
Addresses are to be obtained from the Mason County Assessor's Office, Bldg. 1, Second Floor.
rnrroyr' (�E`IQ01,DS
9 S' 28
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RECEIVED Mason County
fEB 0 8 2005 Department of Community Development
426 W. CEDAR ST. Resource Ordinance (Chapter 17.01)
411 N. 5 th Street/ P.O. Box 279, Shelton, WA 98584
Variance from Standards Information:
* Mason County may consider requests to vary or adapt certain numerical
standards of the Resource Ordinance where strict application of said standards
would deprive property owners of reasonable use of their property. Application for
a variance does not guarantee approval. A variance is an application for a special
exception to the rule. The proposal must undergo public review and must meet the
specific variance criteria listed below. Please state how the variance request satisfies
all of the following criteria.
1. Describe the specific modification from the terms of the Chapter required.
+1 +1 1. Z- i
2. Describe the reasons for the variance.
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Variances from the bulk and dimension requirements of the Resource Ordinance or
the Development Regulations (zoning regulations) may be allowed as follows. The
County must document with written findings compliance or noncompliance with the
variance criteria. The burden is on the applicant to prove that each of the following
criteria are met:
1. That the strict application of the bulk, dimensional or performance standards
precludes or significantly interferes with a reasonable use of the property not
otherwise prohibited by County regulations;
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2. That the hardship which serves as a basis for the granting of the variance is
specifically related to the property of the applicant, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the application
of the County regulations, and not, for example from deed restrictions or the
applicant's own actions;
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3. That the design of the project will be compatible with other permitted activities in
the area and will not cause adverse effects to adjacent properties or the
environment;
4. That the variance authorized does not constitute a grant of special privilege not
enjoyed by the other properties in the area, and will be the minimum necessary to
afford relief;
5. That the public interest will suffer no substantial detrimental effect;
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6. No variance shall be granted unless the owner otherwise lacks a reasonable use of
the land. Such variance shall be consistent with the Mason County Comprehensive
Plan, Development Regulations,Resource Ordinance and other county ordinances,
and with the Growth Management Act. Mere loss in value only shall not justify a
variance.
-y-%
Signatur Date
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Lee Boad Habitat Management Planning-and Wetland Services
PO Box 2854 •Belfair, WA 98528 . 360-620-0618 • leeboad(cDhctc.com
RECEIVED
FEB 0 8 2005
Griffey Residential Construction Project
426 W: CEDAR STt
Habitat Manap-ement Plan
Parcel 12209-24-00041
Prepared for:
Ryan Griffey
PO Box 181
Allyn,WA 98524
Prepared by:
Lee Boad
Lee Boad Habitat Management Planning and Wetland Services
PO Box 2854
Belfair, WA 98528
leeboad@hctc.com
Table of Contents
Griffey Residential Construction Project Habitat Management Plan
1.0 Introduction... ... ................................................ ................2
2.0 Project Description... ...... ......... ..................... ......... ......... .....2
3.0 Property Description... ... ......... ... ......... ... ...............................2
4.0 Applicable Setbacks.............................. ... .................. ...... ....4
5.0 Species Information............ ......... ... ......... ............................4
6.0 Potential Development Impacts... ... ........................... ... ............5
7.0 Mitigation Measures............... ... ... ... ......... ...... ............ ... ... ...6
7.1 Preservation of Critically Important Plants
7.2 Seasonal Consideration of Construction Activities
7.3 Recommended Best Management Practices
7.4 Riparian Corridor Restoration
7.5 Minimizing Wetland Impacts
8.0 Monitoring... ........................ .............................................8
9.0 Conclusion... ......... ...... ......................................................8
Recommended Citation:
Lee Boad Habitat Management Planning and Wetland Services. January 2005.
"Griffey Residential Construction Project,Habitat Management Plan and Wetland
Report". Belfair, WA. Prepared for Ryan Griffey.
1
1.0 Introduction
At the Request of Ryan Griffey, a Habitat Management Plan and Wetland Report has
been prepared for the proposed residential construction at 461 Coulter Creek Road. This
parcel is mapped in Section 9 of Township 22 North, Range 1 West. The property is
recorded by the Mason County Tax Assessor's Office as Parcel #12209-24-00041. All
observations reported in this report relate to this parcel unless otherwise stated.
2.0 Proiect Description
This report addresses the proposed construction of a single-family residence within the
protected buffer of a Type 3 Stream and a Category II Wetland Vegetation Area. The
proposed construction site utilizes an area of the property that has been maintained as a
cleared and graveled area for several decades. By using this location, disturbance to the
stream buffer and wetland vegetation area within the ownership is minimized to the
maximum extent. The recommended building footprint within the buffer totals 1,800
square feet. The proposed building size and site location has been recommended to result
in no net loss of function or value to the stream buffer or wetland vegetation area.
3.0 Property Description
The property consists of 1.12 acres located on Coulter Creek Road in Allyn, Washington.
Coulter Creek and an associated side channel flow through the northern section of the
property. Lucas Creek, a Type 3 Tributary to Coulter Creek runs through the western
section. The riparian area surrounding Coulter Creek consists of a partially fragmented
conifer/deciduous forest and scattered palustrine emergent/scrubshrub wetlands. The
northern portion of Lucas Creek is also associated with the above-mentioned wetland.
Within the property, the southern section of Lucas Creek consists of mature deciduous
trees with an under-story heavily impacted by invasive exotic species that have
significantly hindered riparian succession.
The cleared and managed upland area makes up .29 acres of the total ownership
(approximately 12,350 square feet). Nearly all of this area lies within the stream buffer
and wetland vegetation area.
2
N.
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Figure 1. Proposed building location
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Figure 2. Lucas Creek(100'from building site)
3
3
Figure 3.Wetland location in relation to proposed building site
4.0 Applicable Setbacks
This site is within the jurisdiction of Mason County. Ordinance 17.01.110 identifies Fish
and Wildlife Habitat Conservation Areas adopted by Mason County.
The applicable setbacks encompassing this property are as follows:
Habitat Type Buffer Building Setback from Buffer
Type 3 Stream 150' 15'
Type 1 Stream 150' 15'
Category II Wetland 85' 15'
5.0 Species Information
Puget Sound Chinook(Oncorhynchuv tshawytsha)-Threatened
Listed as threatened since March 24,1999 adult Puget Sound Chinook spawn in several
rivers and streams flowing into Puget Sound. In the vicinity of the proposed project area,
summer/fall Chinook spawn in Coulter Creek and Sherwood Creek. These stocks are
assumed to be of hatchery origin, as these particular systems do not uphold habitat
characteristics typical of"Chinook Systems". There are no nearby streams that would
support core populations of Puget Sound Chinook.
Designated Critical Habitat For Puget Sound Chinook
Critical habitat includes all marine, estuarine, and river reaches accessible to Chinook
Salmon in Puget Sound. Therefore, critical habitat is present within the vicinity of the
project area. The entire project footprint is above the Ordinary High Water Mark. There
will be no shoreline construction or modification associated with this project. The
4
restoration program associated with this project is designed to have a net benefit on the
riparian habitat.
Bull Trout(Salvelinus malma)- Threatened
Bull Trout typically inhabit very cold headwater streams. Suitable habitat for Bull Trout
is not present within the vicinity of the project area. Therefore, the proposed project is
not likely to have any adverse impacts on Bull Trout.
Bald Eagle (Haliaeetus leucocephalus)-Endangered
Stands of second growth, deciduous, and deciduous/coniferous mix forests are in
proximity to the project site. Wintering Bald Eagles have been observed in the vicinity of
the project area. Foraging habitat encompasses a large vicinity of the surrounding area
and is supported by the abundance of anadromous fish returning to Coulter Creek.
Foraging and nesting habitat will not be negatively impacted by the proposed project, as
no vegetation removal will occur. The restoration program associated with the project
will likely have a net benefit.
Marbled Murrelet(Brachyramphus marmoratus)- Threatened
No old growth forests surround the site or are in vicinity of the project area. There are no
documented nesting sites around Coulter Creek.
Recovery or Management Plans Compliance
Management Recommendations for Bald Eagles are included in W.D.F.W.'s
Management Recommendations for Priority Species. This project is in compliance with
the recommendations in this document.
6.0 Potential Development Impacts
Vep.etation Disturbance
The proposed construction zone is within an existing cleared and managed graveled area.
No vegetation disturbance or removal will be necessary to achieve project objectives.
Designated Critical Habitat for Salmonids
None of the actions described in the proposed project will destroy or adversely modify
designated critical habitat. All actions described in this plan will not jeopardize the
continued existence of any listed species.
Noise Pollution
A slight increase in noise from construction activities is anticipated during daylight
construction hours. This will not adversely impact listed fish species occurring in the
vicinity of the project area. It will not likely impact Bald Eagles. The project is not
located within the proximity to any observed nesting sites. No roosts have been observed
or documented within the radii of concern.
5
Temporary Increase in Sediment and Turbidity During Construction
The proposed work has the potential to temporarily increase turbidity and suspended
sediment within the project area. Best Management Practices have been recommended to
reduce the potential for temporary increases in suspended sediment and turbidity.
7.0 Mitigation Measures
7.1 Preservation of Critically Important Plants
Native vegetation within designated restoration and preservation zones will be protected.
Due to the distance between the proposed construction zone and identified restoration
zone,this should not be a problem.
7.2 Seasonal Consideration of Construction Activities
Wintering bald eagle may be present between October 31 and March 31. It is
recommended that any high noise level construction be minimized during these dates.
7.3 Recommended Best Management Practices
Recommended Best Management Practices for this project are as follows:
• Perform work during dry weather.
• Install silt fencing around the work area to prevent erosion and siltation of waters.
• Minimize amount of erodible soils at any given time to the maximum extent
feasible.
• Check all equipment daily for leaks. Refueling and lubrication of equipment
should occur off site. Don't store any fuel, lubricants, chemicals, or hazardous
substances outside overnight within the project area.
• Do not apply any chemicals when there is a possibility of rain.
• No construction equipment should be allowed in the wetland on site.
• Comply with all permits and requirements of the government authority or agency.
7.4 Vegetation Restoration
Riparian
Currently the existing riparian zone is disconnected by a section of lawn that extends into
the bankfull channel. It is recommended that this area be restored to a level that provides
a riparian continuum throughout the property. The most time and cost effective means to
accomplish this would be through planting native vegetation within the area adjacent to
the creek.
Wetland Vegetation Area
An area of approximately 2,000 square feet located north of the house adjacent to the
wetland should be planted to enhance the function of the wetland vegetation area and
prevent future impacts resulting from residential land use.
6
Figure 4. A portion of the recommended restoration zones
Native Plantings
It is recommended that supplemental native plantings be installed within the identified
zones. These plantings should be installed to achieve the following densities:
Trees- 10' on center
Shrubs-4' on center
Ferns-3' on center
These densities would provide a moderately dense, structurally diverse plant community
within the restoration area. Any natural volunteer native vegetation can be counted
towards the target densities of restoration plants. After planting is finished,mulching any
disturbed dirt areas around the plants with straw will help protect the new plantings and
prevent erosion.
Native plant species that may be used within the restoration zone include:
Trees: western red cedar(Thuja plicata)
Shrubs: salmonbenry(rubus spectabilis)
Ferns: sword fern(Polystichum munitum)
Groundcover: kinnikinnik(Arcostaphylus uva-ursi)
Coastal strawberry(Fragaria chdoensis)
7
These species have been recommended due to their high success rates associated with
similar projects. All planting should occur during winter dormancy. The optimum time
for planting is during February and March.
Exotic Species Removal
Much of the identified restoration zone is dominated by exotic species such as Japanese
Knotweed and Himalayan Blackberry. Such species are stubborn competitors for light
and nutrients and hinder riparian plant succession. These species should be removed
from the entire area between the house and stream. Reed cannarygrass(Phalarys
arundinacea)will need to be trimmed back from the 2-3 foot radius surrounding
supplemented plants for the first three years. Herbicides should not be used to achieve
this due to the proximity to the stream. Three cuttings during the growing season will be
sufficient to offset the rhizomes of targeted species.
7.4 Minimizing Wetland Impacts
The proposed building is to be located within the required 85-foot Wetland Vegetation
Area. The building site currently maintains minimal to no significance to the wetland
due to its cleared nature and relatively flat topography. The following measures are
recommended to minimize impacts to habitat features of the wetland.
• Direct light away from the wetland.
• Route additional runoff resulting from construction away from the wetland.
• Limit the use of pesticides within 150-feet of the wetland.
• Adhere to recommended Best Management Practices
8.0 Monitoring
Monitoring of the site will begin the first fall following tree plantings and maintained on
a seasonal basis. The information gathered will provide the following: 1)condition of
reintroduced plant species; 2)the use of the site by wildlife species; 3)any disturbance
caused by the development and its effect on protected zones and associated aquatic
habitat; 4) any occurrence of exotic species within the restoration zones; 5)any corrective
measures that may be deemed necessary to provide desired conditions. This monitoring
will be in effect for the duration of three years. The information gathered will be
provided in an annual report and submitted to the Director of Mason County Department
of Community Development.
9.0 Conclusion
This project involves constructing a residence with a footprint of 1,800 square feet. The
entire project lies within the protected buffer of a Type 3 Stream and partially within a
Wetland Vegetation Area. Based on current conditions the proposed building site
upholds minimal ecological significance pertaining to the health and habitat quality of the
8
stream or riparian corridor. Over 4,000 square feet of stream buffer and 2.000 square feet
of Wetland Vegetation Area will be restored through vegetation enhancement.
Preservation Measures, Restoration Measures, and Best Management Practices have all
been identified to avoid, minimize, and mitigate for proposed construction.
I trust this information is sufficient for your needs at this time. Thank you for choosing
me as your environmental consultant. If you have any questions feel free to call.
Lee Boad
Habitat Management Planning and Wetland Services
PO Box 2854
Belfair, WA 98528
360-620-0618
leeboad(),hctc.com
Attached: Plot Map
9
I ee Poad Hak at Management Planning and Wetland Services 214,39' 233,�9' 01
Client, Ryan 6riffey Propertq; #12209 24 00041
461 �Coulter Creek Road Coulter Creek
Pelfair, WA 98528
i
I 51de Channel
l Lucas Cock
Category II Wetland
Category 11 Wetland ,,
scale. I; 60' 40Reytaat on Zme 41-
\ \ 323,19'
\ Wet!"Vegetafaon Area \�
\ \ Pesta-atbn Zone
\ Catego N 11 Wetland
1 Vegetated Upland Area Cleared
Lov"
I �-- �5' --� Rorested Upland
1 � � Recommended
40'(3,ddmg
I�00' Lxat h
� 1
oultel Creek Road
454,07'
I ce Road Habitat Management Plamwg and Weiland 5ervice5 2I�F.39' 233,�9' op
Cllerr : 124an 6riffe4 Property, #12209 24 00041
461 � Coulter Creek Road
13elfair, WA 98528 :5� V-
Coulter Greek
Side Ckwiel
Lucas Creek
\ � Gategort� II Wetland
150' Buffer �
165' 13uildwq Setback 165' Puildinq Setback `�- \
150' Buffer Catega�i.� 11 Wetland
` Catega� 11 Wetland �
Vegetated UH"Aroa Cleared
upland /
Poreybed Upland 100' Nildinq Seib /
lZecanmended l 85' C3uffer
100' I,ocatla� ` �
f
Goiter Creek Road — -- --
h5h,0�'
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
) ss.
COUNTY OF MASON )
l C M c�Qe N Iv do hereby certify that I posted •.2-) copies of
the attached �d'ftC'a- or AW(4cA<Lol� in 3 public places as follows:
one at f—:ZA' 5. (— C-to C�'c c-
one at ��C ; `C t�P�rc Lc, 4GI & ,
one at �bST O��ic � (� C�
In witness whereof, the party has signed this Affidavit of Posting Notice this 1 4—day
of ���y , 20
By:
Address: 41(
STATE OF WASHINGTON )
) ss.
COUNTY OF MASON )
Subscribed and sworn to me this / 7 day of , 200s
------ 0
BONNIE L. CAP i
NOTARY PUBLIC ; tart' Public a Stat4 of Washington
STATE
s
Mr Commission Expires June 6,2006 00 Residing at
Commission Expires
---Notice of application for Variance from the Mason County
Resource Ordinance and Notice of Public Hearing
Notice is hereby given that Robert M. Griffey,who is the applicant for the following
proposal, has filed an application for a Variance.
The request for a variance from the Mason County Resource Ordinance No. 77-93 is
to place a newly constructed home of 1,800 square feet within the buffer of a
tributary of Coulter Creek, a Type III stream, and the Vegetation Area and
Building Setback of a Category II wetland. Property location is 461 East Coulter
Creek Road, Belfair. Section 9 of Township 22 North,Range 1 West. Parcel#
12209-24-00041.
Date of complete application: February 8, 2005.
The proposed development is reviewed as a Variance under the Mason County
Resource Ordinance No. 77-93, specifically Sections 17.01.110 and 17.01.070, Fish
and Wildlife Habitat Conservation Areas and Wetlands, respectively, which detail
stream buffer and vegetation area requirements. Section 17.01.150,Variances from
Standards, establishes Variance procedures and criteria. The proposal requires a
Habitat Management Plan and Hearing Examiner approval.
A PUBLIC HEARING will be held by the Mason County Hearing Examiner on the
proposed project on Tuesday,April 12, 2005 at 1:00 p.m. in the County
Commissioners Chambers, Bldg. I,411 N. 5th Street,Shelton, WA.
Please contact Charles Mead McCoy III of the Mason County Department of
Community Development at(360)427-9670, ext. 294,with any questions or
comments on this development and variance.
HAWord\Griffey RO Variance Public Notice.doc.ram
Notice of application for Variance from
the Mason County Affidavit of Publication
Resource Ordinance and Notice of
Public Hearing
Notice is hereby given that Robert M.
Griffey, who is the applicant for the following STATE OF WASHINGTON,
proposal, has filed an application for a Var- COUNTY OF MASON SS.
iance.
The request for a variance from the Ma-
son County Resource Ordinance No. 77-93
is to place a newly constructed home of Julie G. Ortne
1,800 square feet within the buffer of a tribu- being first duly swom
tary of Coulter Creek, a Type III stream, and
the Vegetation Area and Building Setback of I on oath deposes and says that she is the rlork
a Category 11 wetland. Property location is i of THE SHELTON-MASON COUNTY JOURNAL,a weekly newspaper.That said news-
461 East Coulter Creek Road, Belfair. Sec- paper is a legal newspaper and it is now and has been for more than six months prior to the
tion 9 of Township 22 North, Range 1 West. date of the publication hereinafter referred to,published in the English language continu-
Parcel 12209-24-00041. ously as a weekly newspaper in SHELTON, Mason County,Washington,and it is now
Date of complete application: February and during all of said time was printed in an office maintained at the aforesaid place of
8,2005. i publication of said newspaper.That the said SHELTON-MASON COUNTY JOURNAL
The proposed development is reviewed. :
as a Variance under the Mason County Re-
was on the 9th day of August,1941,approved as a legal newspaper by the Superior Court
source Ordinance No. 77-93, specifically of said Mason County.
.Sections 17.01.110 and 17.01.070, Fish and
Wildlife Habitat Conservation Areas and That the annexed is a true copy of a Notice of Aippl. For
Wetlands, respectively, which detail stream
buffer and vegetation area requirements. Variance from Mason CO. Resource Ord and
Section 17.01,150, Variances from Stan-
dards, establishes Variance procedures and Notice of Public Hearing — Griffey
criteria. The proposal requires a Habitat as it was published in regular issues(and not in supplement form)of said
Management Plan afid Hearing Examiner
approval A PUBLIC HEARING will be held by the newspaper once each week for a period of two
Mason County Hearing Examiner on the consecutive weeks,commencing on the
proposed project on Tuesday,April 12,2005
at 1:00 p.m. in the County Commissioners I 24th day of February 20 05 and ending on the
Chambers, Bldg. I, 411 N. 5th Street, Shel-
ton,WA. 3rd day of March 20 f)5 both dates inclusive,
Please contact Charles Mead McCoy III I and that such newspaper was regularly distributed to its subscribers during all of the said
of the Mason County Department of Com- period.That the full amount of the fee charged for the
munity Development at(360)427-9670, ext.
294,with any questions or comments on this foregoing publication is the sum of$ 96-26
development and variance.
2/24-3/3 2t ,
Subscribed and swom to before me this 3rd \` 0M
March 20 05 ,` �OANN 00'SCS'��i�i
Notaroublic in and for the State of Washington -?—
Residing at Shelton,Washington
E
My commission expires 20t AUQ L\
0'PI W A SH
I ``�``��
February 17,2005
Squaxin Tribe Natural Resources Dept.
2952 SE Old Olympic Highway
Shelton,WA 98584
RE: Variance from Mason County Resource Ordinance,VAR2005-00002,a proposal to construct a
residence within a Type III stream buffer.
The enclosed Habitat Management Plan(HMP)has been provided by Robert M.Griffey,who is applying
for a variance from the Mason County Resource Ordinance(RO)No.77-93. The Fish and Wildlife Habitat
Conservation Areas chapter of the RO requires that a variance be accompanied by a Habitat Management
Plan. The proposed activity is to construct a residence of approximately 1,800 square feet.Mason County's
Resource Ordinance requires a 150'buffer for Type III streams. Pursuant to Section 17.01.110.J,the
Resource Ordinance provides for comment opportunity for Washington Department of Fish and Wildlife
and the SquaxinTribe.
Please review the enclosed HMP and let me know if you have comments,question,or concerns about this
plan. I can adopt your comments as conditions into any approval that the County may grant. I have
included my email address for your convenience. Our ordinance allows for a 28-day comment period.
Closing date for comments is September 20,2002. Thank you for your consideration in this matter.
Sincerely,
Charles Mead McCoy III,Planner
Mason County Department of Community Development
chuckm@co.mason.wa.us
February 17,2005
Danette Guy
Washington Department of Fish and Wildlife
502 High Street,Suite 108
Port Orchard,WA 98366
RE: Variance from Mason County Resource Ordinance,VAR2005-00002,a proposal to construct a
residence within a Type III stream buffer.
The enclosed Habitat Management Plan(HMP)has been provided by Robert M.Griffey,who is applying
for a variance from the Mason County Resource Ordinance(RO)No.77-93. The Fish and Wildlife Habitat
Conservation Areas chapter of the RO requires that a variance be accompanied by a Habitat Management
Plan. The proposed activity is to construct a residence of approximately 1,800 square feet.Mason County's
Resource Ordinance requires a 150'buffer for Type III streams. Pursuant to Section 17.01.110.J,the
Resource Ordinance provides for comment opportunity for Washington Department of Fish and Wildlife
and the SquaxinTribe.
Please review the enclosed HMP and let me know if you have comments,question,or concerns about this
plan. I can adopt your comments as conditions into any approval that the County may grant. I have
included my email address for your convenience. Our ordinance allows for a 28-day comment period.
Closing date for comments is September 20,2002. Thank you for your consideration in this matter.
Sincerely,
Charles Mead McCoy III,Planner
Mason County Department of Community Development
chuckm@co.mason.wa.us
To: Charles Mead McCoy III
Mason County Department of Community Development
From: Tracy Farrell
Squaxin Island Tribe Natural Resources Department
Re: Request for Variance from MCRO No. 77-93
Dear Mr. McCoy,
This is in response to the application for Variance for the construction of a house by
Robert M. Griffey at 461 E. Coulter Creek Rd, Belfair. Section 9 of Township 22 North,
Range 1 West. Parcel 12209-24-00041.
The Coulter Creek watershed is one of the Squaxin Island Tribe Usual and Accustomed
hunting and fishing aaoas that is currently being assessed for its potential in this region
for salmon recovery planning. Important issues in protecting salmonid habitats are
riparian and wetland buffer widths. For this reason the variance that is being requested is
of considerable concern. Further concern is for a residential building in proximity to the
stream and the wetland, natural water filtration will be compromised and water
withdrawal will negatively impact the watershed overall.
Tht:rnanagclncllt aitd j:aitibation for lost and disturbed vegetated arcas is Also a conccrn. I
would like the plan to address the control of scotch broom (Cytisus scoparius) in addition
to Japanese knotweed (Polygonum cuspidatum), Himalayan 'Blackberry(Ruhus discolor)
and.Reed canarygrass (Phalatys arundinacea). There should be no lawn within the 150'
standard buffer area.
Our department considers the buffer widths provided by the Mason County ordinance to
be below minimal standards for the purposes ofsalrrlutlul health a id iliald-119 all exception
for a single resident sets a trajectory for the health of Coulter Creek in the direction of
degradation without any concern for the future problems this presents.
Additionally, if there hasn't been a consultation with the Washington Department of
Ecology regarding construction technique in Special Flood hazard areas it should be
addressed. Contact at DOE: Dan Sokol (360)407-6746
Trac Farrell
Y
Squaxin Island Tribe
Habitat Biologist
(360)432-3818
TO ' DVcd NS3d 1vNniVN NIxvnoS TL669ZV096 tV :ST 900Z/TT/E0
Chapter 222-16 Definitions— 712001
"Young forest marginal habitat" see WAC 222-16-085 (1)(b).
WAC 222-16-030 Water typing system. Until the fish habitat water type maps described below
are adopted by the board, the Interim Water Typing System established in WAC 222-16-031 will
continue to be used. The department in cooperation with the departments of fish and wildlife, and
ecology, and in consultation with affected Indian tribes will classify streams, lakes and ponds. The
department will prepare water type maps showing the location of Type S, F, and N (Np and Ns)
Waters within the forested areas of the state. The maps will be based on a multiparameter, field
verified geographic information system (GIS) logistic regression model. The multiparameter model
will be designed to identify fish habitat by using geomorphic parameters such as basin size,
gradient, elevation and other indicators. The modeling process shall be designed to achieve a level
of statistical accuracy of 95% in separating fish habitat streams and nonfish habitat streams.
Furthermore, the demarcation of fish and nonfish habitat waters shall be equally likely to over and
under estimate the presence of fish habitat. These maps shall be referred to as "fish habitat water
typing maps" and shall, when completed, be available for public inspection at region offices of the
department.
Fish habitat water type maps will be updated every five years where necessary to better reflect
observed, in-field conditions. Except for these periodic revisions of the maps, on-the-ground
observations of fish or habitat characteristics will generally not be used to adjust mapped water
types. However, if an on-site interdisciplinary team using nonlethal methods identifies fish, or finds
that habitat is not accessible due to naturally occurring conditions and no fish reside above the
blockage, then the water type will be immediately changed to reflect the findings of the
interdisciplinary team. The finding will be documented on a water type update form provided by
the department and the fish habitat water type map will be updated as soon as practicable. If a
dispute arises concerning a water type the department shall make available informal conferences, as
established in WAC 222-46-020 which shall include the departments of fish and wildlife, and
ecology, and affected Indian tribes and those contesting the adopted water types.
The waters will be classified using the following criteria:
*(1) "Type S Water" means all waters, within their bankfull width, as inventoried as "shorelines
of the state" under chapter 90.58 RCW and the rules promulgated pursuant to chapter 90.58
RCW including periodically inundated areas of their associated wetlands.
*(2) "Type F Water" means segments of natural waters other than Type S Waters, which are
within the bankfull widths of defined channels and periodically inundated areas of their
associated wetlands, or within lakes, ponds, or impoundments having a surface area of 0.5
acre or greater at seasonal low water and which in any case contain fish habitat or are
described by one of the following four categories:
(a) Waters, which are diverted for domestic use by more than 10 residential or camping
units or by a public accommodation facility licensed to serve more than 10 persons,
where such diversion is determined by the department to be a valid appropriation of
water and the only practical water source for such users. Such waters shall be
considered to be Type F Water upstream from the point of such diversion for 1,500
feet or until the drainage area is reduced by 50 percent, whichever is less;
(b) Waters, which are diverted for use by federal, state, tribal or private fish hatcheries.
Such waters shall be considered Type F Water upstream from the point of diversion for
1,500 feet, including tributaries if highly significant for protection of downstream
water quality. The department may allow additional harvest beyond the requirements
of Type F Water designation provided the department determines after a landowner-
16-18
Definitions — 712001 Chapter 222-16
requested on-site assessment by the department of fish and wildlife, department of
ecology, the affected tribes and interested parties that:
(i) The management practices proposed by the landowner will adequately protect
water quality for the fish hatchery; and
(ii) Such additional harvest meets the requirements of the water type designation
that would apply in the absence of the hatchery;
(c) Waters, which are within a federal, state, local, or private campground having more
than 10 camping units: Provided, That the water shall not be considered to enter a
campground until it reaches the boundary of the park lands available for public use
and,comes within 100 feet of a camping unit, trail or other park improvement;
(d) Riverine ponds, wall-based channels, and other channel features that are used by fish
for off-channel habitat. These areas are critical to the maintenance of optimum
survival of fish. This habitat shall be identified based on the following criteria:
(i) The site must be connected to a fish habitat stream and accessible during some
period of the year; and
(ii) The off-channel water must be accessible to fish.
(3) "Type Np Water" means all segments of natural waters within the bankfull width of defined
channels that are perennial nonfish habitat streams. Perennial streams are waters that do not
go dry any time of a year.of normal rainfall. However, for the purpose of water typing, Type
Np Waters include the intermittent dry portions of the perennial channel below the uppermost
point of perennial flow. If the uppermost point of perennial flow cannot be identified with
simple, nontechnical observations (see board manual, section 23), then Type Np Waters begin
at a point along the channel where the contributing basin area is:
(a) At least 13 acres in the Western Washington coastal zone (which corresponds to the
Sitka spruce zone defined in Franklin and Dymess, 1973);
(b) At least 52 acres in other locations in Western Washington;
(c) At least 300 acres in Eastern Washington.
(4) "Type Ns Water" means all segments of natural waters within the bankfull width of the
defined channels that are not Type S, F, or Np Waters. These are seasonal, nonfish habitat
streams in which surface flow is not present for at least some portion of a year of normal
rainfall and are not located downstream from any stream reach that is a Type Np Water. Ns
Waters must be physically connected by an above-ground channel system to Type S, F, or Np
Waters.
*(5) For purposes of this section:
(a) "Residential unit" means a home, apartment, residential condominium unit or mobile
home, serving as the principal place of residence.
(b) "Camping unit" means an area intended and used for:
(i) Overnight camping or picnicking by the public containing at least a fireplace,
picnic table and access to water and sanitary facilities; or
(ii) A permanent home or condominium unit or mobile home not qualifying as a
"residential unit" because of part time occupancy.
(c) "Public accommodation facility" means a business establishment open to and licensed
to serve the public, such as a restaurant, tavern, motel or hotel.
(d) "Natural waters" only excludes water conveyance systems which are artificially
constructed and actively maintained for irrigation.
(e) "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-
year low water situation, as measured or estimated by accepted hydrologic techniques
recognized by the department.
16-19
Chapter 222-16 Definitions— 712001
(f) "Channel width and gradient" means a measurement over a representative section of at
least 500 linear feet with at least 10 evenly spaced measurement points along the
normal stream channel but excluding unusually wide areas of negligible gradient such
as marshy or swampy areas, beaver ponds and impoundments. Channel gradient may
be determined utilizing stream profiles plotted from United States geological survey
topographic maps (see board manual section 23).
(g) "Intermittent streams" means those segments of streams that normally go dry.
(h) "Fish habitat" means habitat which is used by any fish at any life stage at any time of
the year, including potential habitat likely to be used by fish which could be recovered
by restoration or management and includes off-channel habitat.
WAC 222-16-031 Interim water typing system. Until the fish habitat water type maps
mentioned above are available, waters will be classified according to the interim water typing
system described below. If a dispute arises concerning a water type, the department shall make
available informal conferences, which shall include the departments of fish and wildlife, ecology,
and affected Indian tribes and those contesting the adopted water types. These conferences shall be
established under procedures established in WAC 222-46-020.
For the purposes of this interim water typing system see the following table:
Water Type Conversion Table
Permanent Water Typing Interim Water Typing
Type "S" Type 1 Water
Type "F" Type 2 and 3 Water
Ilype "Np" Type 4 Water
Type "Ns" Type 5 Water
*(1) "Type 1 Water" means all waters, within their ordinary high-water mark, as inventoried as
"shorelines of the state" under chapter 90.58 RCW and the rules promulgated pursuant to
chapter 90.58 RCW, but not including those waters' associated wetlands as defined in chapter
90.58 RCW.
*(2) "Type 2 Water" means segments of natural waters which are not classified as Type 1 Water
and have a high fish, wildlife, or human use. These are segments of natural waters and
periodically inundated areas of their associated wetlands, which:
(a) Are diverted for domestic use by more than 100 residential or camping units or by a
public accommodation facility licensed to serve more than 10 persons, where such
diversion is determined by the department to be a valid appropriation of water and
only considered'I�pe 2 Water upstream from the point of such diversion for 1,500 feet
or until the drainage area is reduced by 50 percent, whichever is less;
(b) Are diverted for use by federal, state, tribal or private fish hatcheries. Such waters
shall be considered Type 2 Water upstream from the point of diversion for 1,500 feet,
including tributaries if highly significant for protection of downstream water quality.
The department may allow additional harvest beyond the requirements of Type 2
Water designation provided by the department of fish and wildlife, department of
ecology, the affected tribes and interested parties that:
16-20
Definitions — 712001 Chapter 222-16
(i) The management practices proposed by the landowner will adequately protect
water quality for the fish hatchery; and
(ii) Such additional harvest meets the requirements of the water type designation
that would apply in the absence of the hatchery;
(c) Are within a federal, state, local or private campground having more than 30 camping
units: Provided, That the water shall not be considered to enter a campground until it
reaches the boundary of the park lands available for public use and comes within 100
feet of a camping unit.
(d) Are used by fish for spawning, rearing or migration. Waters having the following
characteristics are presumed to have highly significant fish populations:
(i) Stream segments having a defined channel 20 feet or greater within the
bankfull width and having a gradient of less than 4 percent.
(ii) Lakes, ponds, or impoundments having a surface area of 1 acre or greater at
seasonal low water; or
(e) Are used by fish for off-channel habitat. These areas are critical to the maintenance of
optimum survival of fish. This habitat shall be identified based on the following
criteria:
(i) The site must be connected to a fish bearing stream and be accessible during
some period of the year; and
(ii) The off-channel water must be accessible to fish through a drainage with less
than a 5% gradient.
*(3) "Type 3 Water" means segments of natural waters which are not classified as Type 1 or 2
t Waters and have a moderate to slight fish, wildlife, and human use. These are segments of
natural waters and periodically inundated areas of their associated wetlands which:
(a) Are diverted for domestic use by more than 10 residential or camping units or by a
public accommodation facility licensed to serve more than 10 persons, where such
diversion is determined by the department to be a valid appropriation of water and the
only practical water source for such users. Such waters shall be considered to be'Type
3 Water upstream from the point of such diversion for 1,500 feet or until the drainage
area is reduced by 50 percent, whichever is less;
(b) Are used by fish for spawning, rearing or migration. The requirements for
determining fish use are described in the board manual section 13. If fish use has not
been determined:
(i) Waters having the following characteristics are presumed to have fish use:
(A) Stream segments having a defined channel of 2 feet or greater within
the bankfull width in Western Washington; or 3 feet or greater in width
in Eastern Washington; and having a gradient of 16 percent or less.
(B) Stream segments having a defined channel or 2 feet or greater within
the bankfull width in Western Washington; or 3 feet or greater within
the bankfull width in Eastern Washington, and having a gradient greater
than 16 percent and less than or equal to 20 percent, and having greater
than 50 acres in contributing basin size in Western Washington or
greater than 175 acres contributing basin size in Eastern Washington,
based on hydrographic boundaries;
(C) Ponds or impoundments having a surface area of less than 1 acre at
seasonal low water and having an outlet to a fish stream;
(D) Ponds of impoundments having a surface area greater than 0.5 acre at
seasonal low water.
16-21
Chapter 222-16 Definitions— 712001
(ii) The department shall waive or modify the characteristics in (i) of this
subsection where: j
(A) Waters have confirmed, long term, naturally occurring water quality
parameters incapable of supporting fish;
(B) Snowmelt streams have short flow cycles that do not support successful
life history phases of fish. These streams typically have no flow in the
winter months and discontinue flow by June 1; or
(C) Sufficient information about a geomorphic region is available to
support a departure from the characteristics in (i) of this subsection, as
determined in consultation with the department of fish and wildlife,
department of ecology, affected tribes and interested parties.
*(4) "Type 4 Water" means all segments of natural waters within.the bankfull width of defined
channels that are perennial nonfish habitat streams. Perennial streams are waters that do not
go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type
4 Waters include the intermittent dry portions of the perennial channel below the uppermost
point of perennial flow. If the uppermost point of perennial flow cannot be identified with
simple, nontechnical observations (see board manual, section 23), then Type 4 Waters begin at
a point along the channel where the contributing basin area is:
(a) At least 13 acres in the Western Washington coastal zone (which corresponds to the
Sitka spruce zone defined in Franklin and Dyrness, 1973);
(b) At least 52 acres in other locations in Western Washington;
(c) At least 300 acres in Eastern Washington.
*(5) "Type 5 Waters" means all segments of natural waters within the bankfull width of the
defined channels that are not Type 1, 2, 3, or 4 Waters. These are seasonal, nonfish habitat
streams in which surface flow is not present for at least some portion of the year and are not
located downstream from any stream reach that is a Type 4 Water. Type 5 Waters must be
physically connected by an above-ground channel system to Type 1, 2, 3, or 4 Waters.
*(6) For purposes of this section:
(a) "Residential unit" means a home, apartment, residential condominium unit or mobile
home, serving as the principal place of residence.
(b) "Camping unit" means an area intended and used for:
(i) Overnight camping or picnicking by the public containing at least a fireplace,
picnic table and access to water and sanitary facilities; or
(ii) A permanent home or condominium unit or mobile home not qualifying as a
"residential unit" because of part time occupancy.
(c) "Public accommodation facility" means a business establishment open to and licensed
to serve the public, such as a restaurant, tavern, motel or hotel.
(d) "Natural waters" only excludes water conveyance systems which are artificially
constructed and actively maintained for irrigation.
(e) "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-
year low water situation, as measured or estimated by accepted hydrologic techniques
recognized by the department.
(f) "Channel width and gradient" means a measurement over a representative section of at
least 500 linear feet with at least 10 evenly spaced measurement points along the
normal stream channel but excluding unusually wide areas of negligible gradient such
as marshy or swampy areas, beaver ponds and impoundments. Channel gradient may
be determined utilizing stream profiles plotted from United States geological survey
topographic maps. (See board manual section 23.)
16-22
Return To:
TITLE NOTIFICATION OF HABITAT MANAGEMENT PLAN
DATE:
OWNER NAME:
MAILING ADDRESS
PARCEL #
LEGAL DESCRIPTION:
(ABBR.FORM: QUARTER/QUARTER,SECTION,TOWNSHIP,RANGE,PLAT,
LOT&BLOCK
NOTICE: The property was the subject of a development proposal within a
critical area or its buffer, for the purpose of
application number
filed on . (date)
This property is subject to the conditions, mitigation and/or
conservation measures as contained within the Habitat Management
Plan submitted to and approved by the Mason County Department
of Community Development. Restrictions on the use or alteration of
the property may exist due to the contents, conditions, mitigation
and/or conservation measures of the Habitat Management Plan
which are to be maintained in perpetuity. A copy of the Habitat
Management Plan is attached hereto.
GRANTOR(S):
LAST FIRST MI
LAST FIRST MI
SIGNATURE(S):
GRANTEE: PUBLIC