HomeMy WebLinkAboutVAR2004-00034 Hearing - VAR Letters / Memos - 2/2/2005 CASE INDEX
Scott and Jan Russell
VAR2004-00034
Index# Date Descri tion
1 March 31, 2005 Exhibit 1: Staff Report
December 23, 2004 Attachment 1: Resource Ordinance Application
—January 28, 2005 Attachment 2: Variance from Standards Information
August, 2004 Attachment 3: Habitat Management Plan
5 -uly 16, 2004 Attachment 4: Notice of Mason County Code Violation
March 8, 2005 Attachment 5: Notice of Mason County Code Violation
February 7, 2005 Attachment 6: Affidavit of Posting Notice
8 —January 21, 2005 Attachment 7: HMP Notification of Review Letter
—September 1, 2004 Attachment 8: Email Comments Marty Ereth
10 —July, 2001 Attachment 9: WDNR Stream Typing Criteria
11 February 11, 1999 Attachment 10: Puget Sound Cutthroat Trout ESU Ma
12 Attachment 11: Belfair UGA Draft Zoning—Online
13 Attachment 12: Title Notification of Habitat
ana ement Plan
14 Attachment 13: Title Notification of Aquifer Recharge
Area
15 April 1, 2005 Attachment 14: Letter from John Diehl
16 —April 4, 2005 Attachment 15: Letter from Dorothy M. Harper
17 March 30, 2005 Attachment 16: Letter from B. Eklund
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Mason County
Department of Planning
Building I * 411 N. 5th Street * P.O. Box 279
Shelton,Washington 98584 * (360) 427-9670
March 31, 2005
TO: Mason County Hearing Examiner
FROM: Planning Staff—Charles Mead McCoy III
RE: Variance from the Mason County Resource Ordinance (VAR2004-00034)
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
2,132 square foot single-family residence and garage approximately 56 feet from
a Type 3 stream. The proposed project is described in detail in the attached
Habitat Management Plan(HMP) (Attachment 3). Staff recommends denial of
proposed project.
II. Applicant. Scott and Jan Russell.
III. Property Location. Site address and Project Location: Newkirk Road, Belfair.
Parcel#12321-32-00130 (Section 21 of Township 23 North, Range 1 West).
IV. Date of complete application: February 2, 2005
V. Evaluations.
A. Characteristics of the site. The parcel is rectangular in shape extending
approximately 181 feet from north to south and 274 feet from east to west.
Newkirk Road is adjacent to the northern property line of the parcel. An
unnamed tributary(Type 3 stream) to the Union River meanders through the
property in a general east to west direction adjacent to the southern most
property line. An access easement divides the parcel into two portions, east
and west of the easement. The portion of the parcel to the west of the access
easement and designated as the best build-site location in the submitted HMP
is approximately 18 V X 84' in area(Attachment 3). The other parcel portion
separated to the east of the access easement is approximately 181' X 190' in
area. Structures do not exist on either portions of the parcel. The majority of
the 1.03acre parcel exists in mixed, coniferous/deciduous riparian forest. The
proposed building area in the HMP recommends the residence be placed in an
area that is an existing code violation case (ENF2004-00274) (Attachments 4
and 5)where the applicant allowed clearing in a stream buffer without proper
permitting. Photographs of the proposed building site are included in the
Habitat Management Plan (Attachment 3).
B. Characteristics of the area. The general area is north of Belfair. Several
single-family residences occupy the area.
C. Comprehensive Plan Designation. The Mason County Comprehensive Plan
designation for the site is Urban Growth Area.
D. ZoninQ. The parcel is within the Belfair Urban growth Area and zoned Low-
Density Residential District("R-3")per the Belfair Urban Growth Area
Zoning Map (Revised December 6, 2004).
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 7, 2005 and notice was made in the
Shelton-Mason Journal on February 10, 2005 (Attachment 6). The proposal
required review and comment of a Habitat Management Plan by the Skokomish
Tribe and Washington Department of Fish and Wildlife. Notification was sent on
January 21, 2005 (Attachment 6). A 28-day comment period followed. Comments
were received from Marty Ereth and Jeff Heines, Fisheries Biologist and Habitat
Biologist,respectively, for the Skokomish Tribe. Both biologists preferred that
the County not allow for development to occur in a stream buffer conservation
area. Both tribal biologists also agreed that if development were permitted that
"the home [be placed] further away with restoration to the cleared area before the
applicant pursues new construction"(Attachment 7). Jeff Heines' comments
were received via personal communication with staff on March 16, 2005. No
comments were received from Washington Department of Fish and Wildlife.
VII. Other Permits or Approvals. The proposal will require a Mason County
Building Permit for the construction of the single-family residence and attached
garage, and a Title Notification of Aquifer Recharge Area.
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 8). The proposed construction of
a 2,132 square foot single-family residence and attached garage is approximately 56 feet
from a Type 3 stream as proposed in the submitted HMP (Attachment 3) 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 details stream buffer requirements and Section 17.01.150,
Variances from Standards, which establishes variance procedures and criteria.
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The location of the proposed single-family residence and attached garage negatively
impact the existing 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 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.
Staff discussion:
1. The purposes of the Mason County Resource Ordinance are detailed in Section
17.01.020. The parcel is entirely encumbered by the stream buffer that runs along the
southern portion of the parcel. A code violation is currently being pursued, where the
applicant allowed clearing/removal of vegetation from the protected stream buffer
without permit review by the County. The applicant has chosen this location for the
proposed new construction, as defined in the HMP (Attachment 3). The current
proposal places the planned new, single-family residence and attached garage at 56
feet from the ordinary high watermark of the stream. The proposal for a 2,132-sq.ft.
single-family residence and attached garage is an allowable use in Belfair Urban
Growth Area "R-3"zoning, and is therefore consistent with surrounding land uses.
No information was provided by the applicant as to the species composition of the
botanical community that existed in the cleared area prior to application for a
Resource Ordinance Variance. The proposal does not provide for a minimal amount
of critical area disturbance and thus is inconsistent with purposes W, #2 & #3 of
Section 17.01.11O.A. of the Resource Ordinance.
2. The hardship is a direct result of the size and location of the parcel. The parcel is
completely encumbered by a 150 foot Type III stream buffer and 15 foot building
setback requirement. The lot width is 181 'and is unequally bisected by the stream
channel for the entire length of the lot. Therefore allowing no area on the lot to be
buildable without a variance. However the proposed placement of the dwelling is not
the most logical choice in that it places the structure nearer the steam than is
necessary. Other build-able locations exist on the parcel that would allow for the
proposed development to be as far from the stream as possible.
3. The construction of a single-family residence and attached garage are consistent with
surrounding land uses and a permitted us in Belfair Urban Growth Area "R-3"
zoning.Factors considered in the placement of the structure are: "The area initially
cleared for the house is not entirely the most appropriate location for the house.
Because a portion of the suitable area exists further from the stream, only a portion
of the already cleared zone will be utilized for building."(Attachment 3). As a result
of un permitted clearing in the stream buffer the applicant's HMP supports placing of
the new residence and attached garage to within 56 feet of the steam where a
location exists on the parcel to the northeast of the proposed site that would place the
dwelling at a significantly greater distance from the stream. The restoration of the
disturbed site is required as a result of the pending code violation. The applicant is
required to submit a Restoration Site Plan following these proceedings. The area to
be restored could begin to provide the necessary elements of protection to water
quality and concerns for aquatic and terrestrial resources within a few decades after
completion of the restoration plan. The long-term view of the benefits of riparian
restoration are taken in this staff report over the near-term advantages of placing a
dwelling in a cleared location as a result of a code violation in a critical area buffer
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
surrounding land use. The size of the proposed structure is consistent with the
surrounding single-family residences as noted in the response to question one. The
proposed location for the new structure will not be in an area that will have the least
impact on the critical area.
5. The public interest will suffer substantial detrimental effect. The accumulative
negative impact to landscape level habitat concerns connecting stream riparian
corridors is inconsistent and incompatible with long-term efforts to 'protect critical
features to support genetically viable populations offish and wildlife species and
allow for commercial and non-commercial uses" (Mason County Resouce Ordinance
17.OI.110.A.1). Coastal cutthroat trout(Oncorhynchus clarki clarki) are known to
inhabit the stream via personal communications with Lee Boad, Fish and Wildlife
Biologist contracted by the applicant to complete the submitted HMP and JeffHeines,
Skokomish Tribal Habitat Biologist. A map indicating location of O. clarki clarki
Evolutionarily Significant Unit(ESU) is attached(Attachment 9).
6. The granting of the variance is not possible because it is inconsistent with the intent
of Mason County's Resource Ordinance purposes as described above in 17.01.110.A,
specifically purposes #1, #2 and#3. Variance cannot be approved as proposed.
IX. Conclusions. Based on the above discussion the proposal is inconsistent with the
variance criteria detailed in Section 17.01.150. Staff recommends denial as
proposed. If the Hearing Examiner chooses Conditional approval of the Variance
request staff recommends imposition of the conditions listed below.
1. Developers and individuals shall be required to control erosion during
construction. Removal of vegetation shall be minimized 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 except those absolutely required
for minimal disturbance to construct a single-family residence and attached
garage of no more that 2,132 square feet in total area.
3. The area disturbed due to a Code Violation shall be restored per Restoration
Site Plan approved by planning staff prior to beginning new construction.
4. The Habitat Management Plan must be modified to select a location at greater
distance from the stream than is currently proposed in the submitted Plan.
5. 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).
6. 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.
7. 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.
8. 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.
9. A restoration bond shall be established with Mason County in the amount
necessary to perform the restoration prior to final approval of building permit.
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10. No degradation of water quality shall occur as a result of this project.
11. A "no-build"covenant be recorded with the title that states that no future
development on the parcel as prescribed under Title 17 Mason County Code
17.22.110 stating: "The district allows for a density of three dwelling units per
acre, except where "critical lands" are present—which reduce the permitted
density."(Attachment 10)
12. A title notification of the modified Habitat Management Plan shall be
recorded on the property deed, subsequent to staff approval (Attachment 11)
13. A site inspection by planning staff is required prior to final permit approval.
14. Subject to conditions of Aquifer Notification letter(Attachment 12).
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.:
DATE RECEIVED:
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT Vfi', " C-)003y
RESOURCE ORDINANCE (Chapter 17.01 MCC) 1
411 N. 5TH Street/P.O. Box 279, Shelton, WA 98584
ENVIRONMENTAL PERMIT APPLICATION
MASON ENVIRONMENTAL PERMIT❑ CONDITIONAL USE !L VARIANCE LJ
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: -<-,i H, t�v�S�Li✓ Owner Mailing Address: aUE lop RtuF� ZN144. A k
Site Address: City:_BeLFr ttP, State: t.J.4 Zip:
City: State Zip: `_--.Lien/Title Holder: t, ,,41 ,q 2;C5Qr,,
Phone:Daytime 3( Go ) 4 Flo-soar 2-25--4ao 9 611 .A'ddress:
Fire District#: /� City: State: Zip:
Signature: � �(/
2. Parcel Number: 3 Z I - Z- - [>p 13 o Legal description: Z5 ,uVZ,-q
9 14 p GE. I cv,-r-sr MA5610 eo 7AX
Z.I ZI—3L-col 30
Parcel Size:_ _4 eQ
3. Directions to Site: F�oh a��,,���2 i A�( aEG�a�,� \J �ES� ,Z rl
?b R14-1yr 62,.2,-o A)LE !Kikk. 6AA,P'E1 jZA ro R (kf A?�7ox
40^ 7- 1Rlue ?NitL 0R
4. State what sections require a permit: In-Holding Lands, Chapter 17.01.062 ❑
Long-Term Commercial Forest, Chapter 17.10.060 ❑ Wetlands, Chapter 17.01.070 ❑
Mineral Resource Lands, Chapter 17.01.066 ❑ Frequently Flooded Areas, Chapter 17.01.090 ❑
Aquifer Recharge Areas, hapter 17.01.080 ❑ Landslide Hazard Areas, Chapter 17.01.100 ❑
Erosion Hazard Areas, Cha ter 17.01.104 ❑ Seismic Hazard Areas, Chapter 17.01.102 ❑ /
Fish and Wildlife Habitat Conservation Areas, Chapter 17.01.110
5.
Identify current use of property with existing improvements:
Y arrZ r/
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): /1-> /b 4 Zes„)z�)r,y(-
ST 2... 1e i/Ir Alaftt 4 13L- f& r ;n��a 0e 27- 1 F-X i ez,a.Z
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Xf,g ,t �"L 2 // i P. �_�p�� 9 SSES eT /4.) TN o t 9Q gT-"�.t
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7.
Any water on or adjacent to property: Saltwater ❑ Lake ❑ River ❑ Pond ❑ Wetland ❑ Seasonal Runoff
Other 7 YPL LIE
8.
Will there be an alteration of a wetland and/or wetland vegetation area? Yes ❑ No
9' If septic is located oZommunity
ject site, include records.
tic?
Connect to sep Septic? ❑ Public Water Supply? ❑ Well? IV
10.
Type of Job: New Add ❑ Alt ❑ Repair ❑ Demolition ❑ Other
This permit 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.
5(0.0v 305.0o
MASON ENVIRONMENTAL PERMIT: $599,94 350t)..90(with ano er ermit)
MASON CONDITIONAL USE ENVIR-PERMIT: $ s99600 1 �-o U
MASON RESOURCE ORDINANCE VARIANCE: ft100b0 I Z Z5 .v U REVISED: 03-12-03
HEARINGS EXAMINER: S►R96.00 I:\PLANNINGIR&GPAC\ENVIRONMENTAL PERMIT APPLICATION
350.OL
Show the followinq 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 _
AP\PLIG VT TO DRAW SITE PLAN BELOW:
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APPLICANT TO DRAW TOPOGRAPHY BELOW:
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MASON COUNTY RESOURCE ORDINANCE May 5,2002
FOR CONDITIONAL USE AND VARIANCE
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.
2
DATE
OWNER
APPLICANT
MASON COUNTY RESOURCE ORDINANCE May 5,2002
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.
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Mason County
Department of Community Development
Resource Ordinance (Chapter 17.01)
411 N. 5th 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.
✓ / ' ! F ' ,40
2. Describe the reasons for the variance.
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 fs 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;
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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.
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Signature r— Date
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Lee Boad Habitat Management Planning and Wetland Services
PO Box 2854 •Belfair,WA 98528 . 360-620-0618 • leeboad(&,,hctc.com
Russel Building Project
Habitat Management Plan
00 13 U
Parcel 12321-32-003f68
Prepared for:
Scott and Jan Russell
100 NE Riverhill Dr.
Belfair, WA 98528
Prepared by:
Lee Boad Habitat Management Planning and Wetland Services
PO Box 2854
Belfair, WA 98528
360-620-0618
leeboad@hctc.com
Russel Project Habitat Management Plan
Table of Contents
1.0 Introduction......... ......... ................................. ...... ............ 2
2.0 Project Description... ......... ............ .................. ...... ............. 2
3.0 Property Description...... ... ... ... ... ...... ......... ... .................. ..... 3
4.0 Applicable Setback............... .................. ............... ............. 3
5.0 Species Information.............................. .............................. 3
6.0 Potential Development Impacts...... ............... .......................... 5
7.0 Mitigation Measures... ............... .......................................... 6
7.1 Preservation of Critically Important Plants............ ...... ....... 6
7.2 Preservation of Type III Stream...................................... 7
7.3 Recommended Best Management Practices... ...... ......... ...... 8
8.0 Monitoring... .......................................... ........................... 8
9.0 Conclusion...... ...... ...................................................... ...... 8
Recommended Citation:
Lee Boad Habitat Management Planning. August 2004. Russel Building Project,Habitat
Management Plan. Belfair, WA . Prepared for Scott Russel.
1
1.0 Introduction
At the request of Scott M. Russel, a Habitat Management Plan has been prepared for the
proposed building project on Newkirk Road. This parcel is mapped in Section 21 of
Township 23 North,Range 1 West. The property is recorded by the Mason County Tax
Assessor's Office as Tax Parcel 12321-32-00130. All observations described in this
report relate to this parcel unless otherwise stated.
2.0 Proiect Description
This report addresses the proposed construction of a residential building as well as
restoration for non-permitted clearing within a Type III Stream Buffer. The proposed
building footprint within the buffer totals 2,132 square feet,and is located in the northern
half of the parcel. The nearest portion of the structure will be 56 feet from the stream.
Site preparation has already commenced independent of county review or permitting. A
site inspection was conducted on June 22, 2004 by Mason County Planning staff in which
a Stop Work Order was posted for non-permitted clearing within the stream buffer. As
the required stream buffer encompasses the entire ownership,the strict application of
standards listed in the Mason County Resource Ordinance denies the landowners the
opportunity to establish a residence on the property.
f
Proposed building plan looking from the southeastern corner of the parcel.
The area initially cleared for the house is not entirely the most appropriate location for
the house. Because a portion of the suitable area exists further from the stream,only a
portion of the already cleared zone will be utilized for building. The remaining cleared
zone will be restored.
3.0 Property Description
The property consists of roughly one acre located on Newkirk Road in Belfair,
Washington. An unnamed Type III tributary to the Union River meanders parallel to the
southern boundary of the property. The riparian area existing within the channel consists
of a mature conifer/deciduous mix forest. The landowners have recently cleared an area
of approximately 4,720 square feet within the center of the parcel. The southwest corner
of the parcel is maintained as a lawn during most of the year. There are no existing
buildings on the parcel.
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 setback for this project is as follows:
Habitat Type Buffer Building Setback from Buffer
Type III Stream 150' 15'
5.0 Species Information
Puget Sound Chinook(Oncorhynchus 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 the main stem of the Union river. This stock is assumed
to be of hatchery origin and is not documented in any tributaries.
3
Designated Critical Habitat For Puget Sound Chinook
Critical habitat includes all marine, estuarine, and river reaches accessible to Chinook
salmon in Puget Sound. Therefore, by definition, critical habitat is present within the
vicinity of the project area. There have been no Chinook documented in this portion of
the watershed. This project will have no adverse impacts on Chinook salmon.
Bull Trout(Salvelinus malma)-Threatened
Bull trout typically inhabit very cold headwater streams. Bull Trout populations exist in
the Skokomish watershed. 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 leuco!2 p lus)-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 near the mouth of the Union River and throughout the main stem.
Foraging habitat encompasses a large vicinity of the surrounding area and is supported by
the abundance of anadromous fish returning to the Union River. No large snags or old
growth trees with dead or broken tops are within the project site.
Foraging and nesting habitat is not expected to be negatively impacted by the proposed
project, as no further vegetation removal will occur. The restoration program associated
with the project will likely have a net benefit on habitat features important to bald eagles.
Marbled Murrelet BrachyraMhus marmoratus)-Threatened
This parcel is not in the vicinity of a coastal habitat that is suitable for Marbled Murrelet.
There are no documented nesting sites in this part of the Hood Canal Watershed. The
project will have no adverse impacts on Marbled Murrelet.
Hood Canal Summer Chum(Oncorhynchus keta)-Threatened
Hood Canal Summer Chum return to the Union River and certain tributaries. No Summer
Chum have been documented spawning or rearing in the stream associated with this
4
property. Best management practices are recommended to minimize impacts to water
quality and protect watershed processes important to summer chum. This project will
have no adverse impacts to Summer Chum.
6.0 Development Impacts
The entire parcel lies within the regulated Buffer Zone of a Type III Stream.
Development scale in the protected area is as follows:
Development Type Habitat Type Project scale
Residential Building Type III Stream Buffer 2,132 square feet
Septic Drainfield Type IlI Stream Buffer 1,800 square feet
Vegetation Disturbance
The proposed building location is within an existing Type III Stream buffer located in the
center of the parcel. Approximately 4,720 square feet of the site has been cleared. The
landowners have already replanted a large portion of the cleared area with native shrub
and overstory tree species. It is estimated that the proposed development will require
approximately 4,000 square feet of the buffer area to be displaced by the proposed house
and septic drainfield. 2,000 of which will occur in the already cleared area. Proper
positioning of the house should require no more than 10-overstory conifers(> 10"dbh)
do be removed. A restoration zone and planting densities have been recommended that
allow for over 60-overstory trees to be planted. This provides a mitigation ratio of
greater than 6:1 trees planted to trees removed.
Designated Critical Habitat for Salmonids
Existing land clearing has likely increased fine sediment recruitment to the aquatic
system and decreased the amount of shade. Actions have been taken to address and
minimize these impacts. Silt fencing has been installed between the cleared area and the
stream. Vegetation has been reinstalled throughout the cleared area. The application of
recommendations listed in this plan will protect the continued existence of any listed
species.
5
Preliminary measures have been taken to mitigate impacts from land clearing
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 located
more than 2,600 feet from any observed nesting sites. No roosts have been observed or
documented within the radii of concern.
7.0 Mitigation Measures
7.1 Restoration and Preservation of a Riparian Corridor
The proposed house is located 56 feet north of the stream at the closest point. It is
recommended that a 50-foot Riparian Restoration and Preservation Zone be established
between the stream and the house. This would be an area of approximately 4,200 square
feet to be restored through native plantings and maintained as a permanent no-touch zone
in terms of vegetation removal(excluding exotics),vehicle access, storage, construction,
etc.
6
Native Plantings
It is recommended that supplemental native plantings be installed within the above
mentioned Riparian Restoration and Preservation Zone to achieve the following densities:
Trees- 10' on center
Shrubs-4' on center
Ferns- 3' on center
These densities have been selected to provide a moderately dense, structurally diverse
plant community within the restoration area. Any natural volunteer or existing
supplemented native vegetation can be counted towards the target densities of restoration
plants. Native plant species that can be used within the restoration zone include:
Trees: big leaf maple (Acer macrophyllum)
Douglas fir(Pseudotsuga menziesii)
western red cedar(Thuja plicata)
Shrubs salal (Gaultheria shallon)
Oregon grape (Mahonia nervosa)
Ferns: sword fern(Polystichum munitum)
Groundcover: trailing blackberry (Rubus ursinus)
All planting should occur during winter dormancy. The optimum time for planting is
during February and March.
7.2 Preservation of Type III Stream
No modifications to the Type III Stream are necessary to achieve project objectives. This
low energy stream occurs in a relatively confined channel and is not characterized by
extensive channel migration. There should be no future need to armor the bank or alter
the stream for the purpose of protecting the proposed structure.
7
7.3 Recommended Best Management Practices
Recommended Best Management Practices for this project are as follows:
• Perform excavation work during dry weather.
• Maintain 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. All fuel, lubricants, chemicals,and hazardous substances
should be stored indoors during nonworking hours.
• Do not apply any chemicals when there is a possibility of rain.
• Comply with all permits and requirements of the government authority or agency.
8.0 Monitoring
Monitoring of the site will begin the first fall following restoration 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 Riparian Restoration and
Preservation Zone; 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 the construction of a 2,132 square foot building, with a septic and
drainfield encompassing an additional 1,800 square feet. The entire project lies within
the protected buffer of a Type III Stream. A Riparian Restoration and Preservation Zone
has been identified to preserve ecological functions and restore habitat features upheld by
the riparian corridor.
8
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
Lee Boad Habitat Management Planning and Wetland Services
PO Box 2854
Belfair, WA 98528
360-620-0618
leeboad(a cta.com
Attached: Plot Map
9
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MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT
Belfair (360) 275-4467
Planning
Mason County Bldg. 1 411 N.5th Elma (360) 482-5269
P.O. Box 279 Shelton,WA 98584
July 16, 2004 �A✓F
-7,.
Scott and Jan Russell
100 NE Riverhill Dr.
Belfair, WA 98528-9643
NOTICE OF MASON COUNTY CODE VIOLATION
ENFORCEMENT CASE FILE NUMBER: ENF2004-00274
PARCELNUMBER: 12321-32-0013 0
SITE ADDRESS: lot off easement from Newkirk Rd.
TAX ASSESSOR RECORD INFORMATION:
Scott and Jan Russell
100 NE Riverhill Dr.
Belfair, WA 98528-9643
Dear Mr. and Mrs. Russell:
On June 17, 2004, Mason County Building Planner Scott Longanecker inspected the above
referenced parcel in response your pre-inspection application (SPI2004-00167). A copy of
Scott's notes are enclosed for your review. I recently spoke with Lee Boad, consulting biologist,
regarding this site. I understand that you plan to work to resolve the code compliance issue
detailed by Scott.
The vegetation removal that occurred within the regulated buffer area associated with a Type 4
stream constitutes a violation of Mason County Resource Ordinance section 17.01.110(G)(1
copy enclosed. To address this issue,you will need to refer to Mason County Resource )ro)
Ordinance section 17.01.210(enclosed and highlighted). Item numbers 1, 2, and 3 listed under
section 17.01.210 will need to be completed and submitted by August 16, 2004.
The Restoration Plan will need to be prepared by a professional who meets the definition of a
"Fish and Wildlife Professional,"as defined in the enclosed attachment(highlighted). You can
use the Wetland Consultant List as a starting point when locating a qualified professional. The
bond amount will need to be based on a reasonable, formal estimate for the costs associated with
the Restoration Plan.
In addition to the Restoration Plan and Restoration Bond, you will need to submit a$360
Restoration Plan Review and Tracking Fee—to cover County costs incurred in addressing and
resolving this matter. If you have questions regarding the compliance requirements,please
contact me at(360)427-9670 ext. 593. I anticipate receiving the Restoration Plan, Restoration
Bond and$360 fee payment by August 16, 2004. Upon receipt of the bond form and fee, I will
close the enforcement case and create a tracking case file. Once per year, for a period of three
years from completion of restoration activities, a qualified professional shall submit an annual
report to the County(see Mason County Resource Ordinance section 17.01.210(2)—copy
enclosed). The bond will be released following the three-year monitoring period, if the
requirements of section 17.01.210(3) are satisfied. Thank you for anticipated cooperation.
Sincerely,
Kristin French
Planner,Code Enforcement
NOTE: Enclosures in first-class mailing only. Certified mail contains no enclosures.
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT
Belfair (360) 275-4467
Planning
Mason County Bldg.1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584
March 8, 2005 Y
Scott and Jan Russell
100 NE Riverhill Dr.
Belfair, WA 98528-9643
NOTICE OF MASON COUNTY CODE VIOLATION
ENFORCEMENT CASE FILE NUMBER:ENF2004-00274
PARCELNUMBER: 12321-32-00130
SITE ADDRESS:lot off easement from Newkirk Rd.
TAX ASSESSOR RECORD INFORMATION:
Scott and Jan Russell
100 NE Riverhill Dr.
Belfair, WA 98528-9643
Dear Mr. and Mrs.Russell:
On July 16,2004,I mailed correspondence to you advising of a code violation and detailing
action required by you to resolve the violation. I have enclosed a copy of the letter for your
review. In the letter,I requested that you submit a Restoration Plan,Restoration Bond and$360
Restoration Plan Review and Tracking Fee by August 16,2004. I did not receive any of the
required items.
I understand that you have submitted an application for a Variance to construct a residence within
the regulated stream buffer in the vicinity of the violation. In speaking with your consultant,Lee
Boad,I understand that he prepared your Habitat Management Plan last summer,but that it was
evidently not submitted to me for review. At this time,you will need to submit the following
items:
1. $360 Restoration Plan Review and Tracking Fee
2. Completed Bond Form(form enclosed)—Bond amount to be based on a reasonable, formal
estimate for the costs associated with plan implementation(see number 3)
3. Please coordinate with Lee to have the following information added into your Habitat
Management Plan (to satisfy Restoration Plan Requirements, detailed in section 17.01.210—
copy enclosed): Site Plan depicting site characteristics prior to disturbance, Site Plan
depicting the specific location of all proposed restoration measures, Formal schedule for
restoration activity, and Formal estimate for bonding purposes.
The following information pertains only to Enforcement Case Number ENF2004-00274,not to
your pending variance application: Please submit the$360 fee by April 1,2005. Following my
discussion with Lee, I am willing to wait on the variance outcome so that Lee can tailor the
Restoration Site Plan around the approved footprint(should one be approved by variance), and
provide you with an accurate bond amount. I expect that the Restoration Bond Form and
Habitat Management Plan information(detailed in number 3,above)be submitted within
30 days from the date of decision in the variance case. Please contact me at(360)427-9670
ext. 593 if you have any questions regarding this information, and please provide a copy of this
letter to Lee Boad as well.
Sincerely,
Kristin French
Planner,Code Enforcement
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
ss.
COUNTY OF MASON )
I, C aR4-f-s M - tA C Ce;' do hereby certify that I posted 3 copies of
the attached �wRcv- of ki-tr in 2- public places as follows:
one at OV-LJ k- 'kAV 3u01.,Q
oneat _ jouu11C--1Ar2-7 Lrrlff-
one at
In witness whereof, the party has signed this Affidavit of Posting Notice this :�Th day
of FTe*-0A, , 20 OS
By:
Address: l M . S-r-A \14 A
STATE OF WASHINGTON )
) ss.
COUNTY OF MASON )
Subscribed and sworn to me this day of 20
BONNIE L. CAP S
NOTARY PUBLIC i
ary Public the St a of Washington
5T/11c V ;IUN 0
1
My Commission Expires June 6,2006 0
'� •--------�0 Residing at
Commission Expires 0
Notice of Application for Variance from the Mason County Resource Ordinance
and Notice of Public Hearing
Notice is hereby given that Scott M. Russell, 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 for
the construction of an approximately 2,132 square foot single family residence and
utilities within a Type III stream buffer. Property location is Section 21, Township 23 N,
Range 1 W and Parcel No. 12321-32-00130.
Date of complete application: February 2, 2005.
The proposed development is reviewed as a Variance under the Mason County Resource
Ordinance No. 77-93, specifically Section 17.01.110,Fish and Wildlife Habitat
Conservation Areas, which details stream buffer requirements and Section 17.01.150,
Variances from Standards,which 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.
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning
Mason County Bldg.1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584
MEMORANDUM
DATE:. January 21,2005
TO: Gloria Rogers,WDFW
Skokomish Tribe
FROM: Charles Mead McCoy III,Planne—6:�R
r
RE: Habitat Management Plan for your review and comment.Proposed Scott M.Russell residence
located on Newkirk Road,Belfair.
NOTE:Please submit comments by February 22,2005,to the address above,attn:Chuck McCoy.
Please find enclosed Habitat Management Plan for your review and comment. Mason County Resource
Ordinance Fish&Wildlife Habitat Conservation Area Chapter 17.01.110 provides that management plans
shall be reviewed by local Tribes,Washington State Dept of Fish and Wildlife and other applicable
State/Federal agencies.A 28-day comment period is provided.Details of the project follow and are
attached.
SITE ADDRESS:Parcel# 12321-32-00130
APPLICANTS: Scott M.Russell.
Legal Description: Sec 21,Twn 23 N,R 1 W.
Project description:Construction of a residential building of 2,132 sq. ft.within a Type III stream buffer.
Please feel free to contact me if you have any questions.I can be reached at 427-9670,ext 294.
Message AT i Ac t4N,,_jE1_p,, — Page 1 of 2
Kristin French - RE: Newkirk Rd. HMP
From: "Marty Ereth"<marty@skokomish.org>
To: "Lee Boad"<leeboad@hctc.com>
Date: 9/1/2004 9:15:06 AM
Subject: RE: Newkirk Rd. HMP
CC: "Kristin French"<frenchk@ co.mason.wa.us>,"Keith Dublanica"<keith@skokomish.org>,"Jeff Heinis"<jheinis@skokomish.org>
Lee,
Sorry I didn't get right back to you after your 8/26 voice-mail. Just from assessing your description of the
proposal, the tribe would rather have new construction further away from the creek. Obviously as you said, the
best alternative would be to use it as a recreational lot or offer it up as a conservation easement but we know
how it is.
It's unfortunate the clients already cleared the area nearest the creek. How long have they owned the parcel
and when was the clearing done? Is there any enforcement action or mitigation being required from Mason
County? It would seem unreasonal to reward applicants by giving them a variance after they have violated the
critical areas ordinance. However since we are in Mason County we understand the politics. Have you ever
been unsuccessful in securing a variance for your clients? We know of only one that was turned down and
that's because we challenged it.
Removal of the additional 12-15 trees is also unfortunate. If the home was placed in the cleared area closest
to the stream, these trees would provide primarily wildlife habitat and potentially shade to the stream and
riparian forest because they would be on the opposite side of the home. So putting the home further away and
restoring the cleared area would be preferred if the applicant pursues new construction.
Obvioulsy there should be an aggressive mitigation plan to revegetate the illegally cleared area regardless if an
enforcement action is sought and regardless if an HMP is being prepared to construct a new residence. The
goal would be to have the cleared area nearest the stream to function as a riparian forest and not to install
lawn, gardens or landscaping in this area. Other mitigation should include an agreement that no future hard
bank protection will be allowed. There should also be an attempt to use the additional 12-15 trees removed as �.
mitigation as down wood between the home and the creek and within the creek if it's lacking LWD.
We may provide additional comments during the HMP review phase. I will get ahold of you later and see if we
can connect to look at the site. Have a good day.
Marty
-----Original Message-----
From: Lee Boad [mailto:leeboad@hctc.com]
Sent: Tuesday, August 31, 2004 3:17 PM
To: 'Marty Ereth'
Subject:
Marty,
I left a fairly lengthy message on your voice mail a while back seeking recommendations regarding an
HMP that I am preparing for some clients on Newkirk Road in Belfair. The entire parcel falls within
jurisdiction of an unnamed Type III tributary to the Union River. The landowners are seeking a variance
to construct a residence. The proposal seems to fulfill the criteria for a reasonable use exemption
and will likely get approved in some way shape or form. I would like to know if the Tribe would rather
see a proposal that utilizes the already cleared area for construction (cleared without permitting) or be
more supportive of constructing the house in a currently uncleared area further from the stream (50-55
feet at the nearest point). Removal of approximately 12-15 mature second growth overstory conifers
from the protected buffer would be necessary to utilize the area furthest from the stream..
file://C:\Documents and Settings\FrenchkTocal Settings\Temp\GW}00001.HTM 9/1/2004
Message Page 2 of 2
`f
I understand that the best solution is to not build anything on the property and donate the land to a
conservation group or the Skokomish tribe. The clients have not yet agreed to pursue such an avenue.
Your advice on this matter would be greatly appreciated. If you will be in the area in the next couple
weeks and have 10-minutes to spare I would be glad to show you the site.
Lee
file://CADocuments and SettingsTrenchkTocal Sett1ngs\Temp\GW}000O1.HTM 9/1/2004
► 1"Ac-t{ ► k 'T—
r
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
• r
Definitions— 712001 Chapter 222-16
requested on-site assessment by the department of fish and wildlife, department of
y 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 Dyrness, 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— 7120dt
(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 l
Type "S" Type 1 Water 1
Type "F" Type 2 and 3 Water
Type "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 Type 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
Yefinitions — 712001 Chapter 222-16
(i) The management practices proposed by the landowner will adequately protect
i 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
} 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
♦ l
Chapter 222-16 Definitions— 71200I
(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 Dymess, 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 'lope 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
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Chapter 17.22 RESIDENTIAL DISTRICTS IN THE BELFAIR UGA
17.22.100 1111-3" LOW DENSITY RESIDENTIAL DISTRICT
Sections:
17.22.110 Purpose:The purpose of the R-3 District is to provide a lower density housing option in the
UGA. Locations are restricted to sites containing critical areas and slopes as development is expected to be
clustered into the more suitable building areas.Locations should also be away from development nodes and
commercially zoned areas but with the intensity of development still relatively low,beyond a normal
walking distance of to 3/<mile.The district allows for a density of three dwelling units per acre,except
where"critical lands"are present—which reduce the permitted density.Clustering of the dwelling units
and properties is encouraged to protect open space and water quality,reduce infrastructure needs,and
enhance energy efficiency.Multi family dwelling units are conditionally permitted as long as they do not
exceed the density requirement and minimize impacts to adjacent single family dwelling units.
17.22.120 Allowed uses:Uses allowed in the R-3 District shall be as follows:
One detached dwelling per lot
Duplexes
Public parks
Public utility service lines
17.22.130 Accessory uses:The following uses are permitted only as they are ancillary to the primary
allowed uses and may or may not require a special license or permit in addition to holding a building
permits:
Home Occupations
Accessory Structures
Accessory Dwelling Units
Family Child Care Centers
Group Homes
Outdoor Vehicle Parking
Well heads and water treatment facilities
Community drain fields
17.22.140 Special uses:
Churches
Schools
Commercial Child Care Centers
Bed and Breakfast Inns
Multi Family Dwelling Units
Other Essential Public Facilities
Townhouses
Triplexes
17.22.145 Prohibited uses:The following uses are prohibited:
Adult entertainment
17.22.150 Bulk and dimensional standards:
Density: Maximum average of three dwelling units per acre excluding the area of
designated wetlands,designated landslide hazard areas(note:building may be
allowed in LHA),lakes,ponds,or marine waters.
Intensity: 35%lot coverage on individual lots.
BELFAIR UGA ZONING CODE—Title 17 Mason County Code Page 8
1 '
Min.Lot Area:None.Development must not exceed density and lot coverage requirements
above.
Lot Dimensions: All lots shall have a minimum width of 25 feet.
Height: The maximum height of structures in the district shall be as follows:
Buildings containing the permitted use:30 feet
Accessory structure:20 feet
Setbacks: Front yard: 15 feet
Side yard: 5 feet for accessory structures and 10 feet for the dwelling unit
Street side yard: 15 feet
Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit
Street rear yard: 15 feet
BELFAIR UGA ZONING CODE—Title 17 Mason County Code Page 9
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
Return To:
TITLE NOTIFICATION OF AQUIFER RECHARGE AREA
DATE:
OWNER NAME:
MAILING ADDRESS:
PARCEL NUMBER:
LEGAL
DESCRIPTION:
(ABBR.FORM: QUARTER/QUARTER,SECTION,TOWNSHIP,RANGE,
PLAT,LOT&BLOCK)
NOTICE: This property lies within a Critical Aquifer Recharge Area as
defined by Chapter 8.52 Mason County Code. The property was
the subject of a development proposal for:
Application number:
filed on (date). Restrictions
on use or alteration of.the property may exist due to natural
conditions of the property and resulting regulation. Review of
such application provides information on the location of a critical
aquifer recharge area and the restrictions on the site. A copy of the
plan showing the aquifer recharge area is attached hereto.
GRANTOR(S):
LAST FIRST MI
GRANTEE:
RECEIVED
APIR 12905
Mason County Plan Comm March 30 2005 B. Eklund MCCD - PLANNING
County Offices, 250 NE Newkirk kd. ------
Shelton, Wa. P.O. Box 716. Belfair, Wa
98584 98528 (275-5444)
Re: Notice of Application for Variance from Mason County Resource Ordinance#7793
8 February 2005
Dear Sirs,
I am writing regarding the proposed variance for the Russell property which is adjacent to
my property on the East. This property is fragile riparian woodland, abutting Viola Creek
The County tested streams and septic systems and found Viola Creek to be clear of any
septic drainage. I want it kept that way. When the property originally sold,the Russell's
were told that,because of it's shape and proximity to the creek, the property would be
too small for a dwelling. They seemed to have no intentions of ever building there. For
several years their youngsters used the lot as a playground, for their bikes and motor
scooters. Their home is located on Riverhill Drive, a few hundred feet away.
According to Mason County codes,there isn't a place where they can build and stay
within the ordinances. I t seems that they bought the property on speculation that they
would be able, after a few years,to circumvent the restrictions.
When there was first talk of building, the dwelling was going to be a small"Granny"
house. Now it is being estimated as exceeding 2400 square feet. In other words, start out
modest, and then go for the variances. The Russell boys have helped me with yard work. 4
From what they have said,the family is planning on putting a second dwelling on the
upper section of this small plot They jumped the gun on clearing the native cover off the
land. The County put a stop to the clearing and grading, restricting them to wait until after
the building permit was granted. They had to replace the removed plants and they then
placed a pump in the creek. I have a water right on Viola Creek, and in the summer there
is barely enough for me to be able to water my garden.
I would have no objection to them building, according to the codes, after the sewer
system goes through.. Several years ago I inquired about putting additional dwellings on
my property, and was told that the area was not zoned to permit that. I strongly request
that you do not waive these restrictions and ordinances but continue to protect the
environment. It is unsafe to the neighboring properties to permit this variance.
1�•
Cc: Charles Mead McCoy III
MC Dept. Of Communitee Development
�4 t i sN N-E*iT- 1 S
P.O.Box 224, 310 NE Newkirk Rd.
Belfair, Washington 98528 - 0224
03-31-2005
Mason Co, Dept. Community Development
Charles Mead McCoy III RECEIVED7MMCCD
P.O. Box 279 APR 0 4 2005
Shelton, Washington 98584
- PLANNING
In response to your notice,postmarked Feb. 8,2005 regarding the request for a variance
by Scott M. Russell: property location: Section 21, Twnshp 23N, R 1 W, Parcel No
12321-32-00130: I am registering an objection to that proposal.
I am Dorothy Mae Newkirk Harper, 79 years and 8 months old. I came to Belfair, with
my parents and 2 brothers,to this piece of property, beside this creek, in November 1931. I lived
on this property until I was 26 years old, spent the next 27 years two miles south, down the
highway in Belfair and then returned to live on this property again in 1979. Admittedly, during
the ensuing years there have been many changes around and on this property. Since I have been
aware of developments on the land, we have acted as caretakers for the creeks and native
growing things. We were quite pleased to recognize there had been controls and ordinances
placed "on the books" in the county regulations to continue this plan of natural protection.
I am concerned that this request for variance, for a building that size,would not be a
reasonable trade for those plans already in existence.
For a great deal of my life, in my early and middle years, I was acknowledged to be a
superb extemporaneous speaker. On numerous occasions I was called on to explain a thought
which might be difficult for some to understand.. I had the command of an extensive vocabulary
to help me in this endeavor and usefulness Now, in my older years, I am aware that what I
perceive as a problem has developed. It is complicated to explain in my communication with
others, but to say it without any hyperbole or exaggeration,
Now my tongue does not rapidly respond to the thoughts my brain is thinking.
I must depend on the written word for my important exchanges of ideas with others..
I am no longer comfortable taking part in public discussions because of the difficulty in
expressisng profound thoughts and explaining my feelings about certain situations. As I will be
unable to attend the public hearing, I hope you will give attention to this le er_ as if I were there
to present a speech.
Thank you for your consideration,
Dorothy M Harper
P.O. Box 224, 310 NE Newkirk Rd
Belafir, Washington 98528 - 0224