HomeMy WebLinkAboutMEP2010-00032 Buffer Reduction Hearing - MEP Letters / Memos - 10/24/2010 November 24, 2010
Notice of Decision
Case: MEP2010-00032
Applicant: Kurt Byerly (owner)
Parcel No. 12316-50-00010
Notice is hereby given that Kurt Byerly, who is the property owner and
applicant for the above-referenced Mason County Resource Ordinance
Buffer Reduction, has been granted approval with conditions. The request
with supplemental materials was reviewed on November 9, 2010 by the
Mason County Hearing Examiner and approved pursuant to the Title 17.01
Mason County Resource Ordinance standards, specifically for the protection
of Fish and Wildlife Habitat Conservation Areas. The proposal was not
subject to SEPA review due to the proposal being outside of the
environmentally sensitive areas per WAC 197-11-800.
This is a final County decision. No further appeals to the County are available.
Appeal may be made to Superior Court or the appropriate administrative agency
as regulations apply. It is the appellant's responsibility to meet all legal
requirements of any appeal process.
If you have questions or require clarification on these issues, please contact Allan
Borden, Senior Planner with, Mason County Dept. of Community Develop►;►ent at
360-427-9670 x365.
H:\WORD\Permit Reviews\Decision coversheet.doc
PEON-S7gT MASON COUNTY
4 N,C DEPARTMENT OF COMMUNITY DEVELOPMENT
O A� N
i o T Z Planning Division
7 N y Y P O Box 279, Shelton, WA 98584
1864 (360)427-9670
MASON ENVIRONMENTAL PERMIT
November 24, 2010
KURT BYERLY
2750 NE OLD BELFAIR HWY
BELFAIR WA 98528
Parcel No.: 123165000010
Issued: 11/24/2010
Case No.: MEP2010-00032
Project Description:
Fish and Wildlife Conservation Area buffer reduction to review proposed garage
building construction partly in stream buffer along the Union River.
The following critical areas are present on this property:
Long-Term Commercial Forest XX FWHCA
Ch. 17.10.060; Ch. 17.01.110;
Mineral Resource Lands Frequently Flooded Areas
Ch. 17.01.066; Ch. 17.01.090;
Inholding Lands Landslide Hazard Areas
Ch. 17.01.062; Ch. 17.01.100;
Wetlands Seismic Hazard Areas
Ch. 17.01.070; Ch. 17.01.102;
Critical Aquifer Recharge Erosion Hazard Areas
Ch. 17.01.080; Ch. 17.01.104.
This permit, with conditions, is granted pursuant to the Mason County Resource Ordinance
(Chapter 17.01 MCC.) Nothing in this permit shall excuse the applicant from compliance with
any other federal, state, or local statutes, ordinances, or regulations applicable to this project.
This permit may be rescinded if the permitee fails to complete the project as proposed or fails
to comply with the standards of this ordinance.
U �c 2-
Authorized Local Government Official Date
RECEIVE
NOV 19 2010
1 BEFORE THE HEARING EXAMINER FOR MASO tN.-4A N N I N G DEFT.
Phil Olbrechts,Hearing Examiner
3
RE: Kurt Byerly
4 FINDINGS OF FACT, CONCLUSIONS
5 Resource Ordinance Buffer OF LAW AND FINAL DECISION
Reduction MEP2010-000032
6
7
INTRODUCTION
x
The applicant has applied for a Buffer Reduction Request for the encroachment of a
9 new garage in the buffer to a Type S stream, the Union River. The Examiner
10 approves the Buffer Reduction with conditions.
1 1 ORAL TESTIMONY
12
.Allan Borden—Mason County Staff
1>
Mr. Borden clarified that staff was using the buffer reduction provisions instead of the
14 variance procedure because the buffer reduction provisions provide more flexibility to
15 mitigate impacts.
16 No one else testified.
EXHIBITS
17
All documents identified in the Case Index attached to the staff report by Allan
18 Borden dated November 9, 2010 are admitted.
19
20 FINDINGS OF FACT
21 Procedural:
?? 1. Applicant. The applicant is Kurt Byerly.
23 2. Hearing. The Hearing Examiner conducted a hearing on the application
on November 9, 2010, at 1:00 p.m., in the Mason County Board of Commissioners
2 l Meeting Chambers.
25
Substantive:
Buffer Reduction P. 1 Findings, Conclusions and Decision
{PA0747772.DOC;1\13009.900000\}
3. Site/Proposal Description. The applicant proposes to construct a 2,400
1 square foot garage within 145 feet of the Union River, a Type S stream. The buffer
2 for Type S streams is 150 feet with an additional 15 foot setback. Approximately
600-700 square feet of the proposed garage will be located within the stream buffer.
3 The proposed building site is currently a maintained lawn. An existing 600 square
foot garage is located 40 feet from the ordinary high water mark of the stream and
4 two outbuildings totaling 320 square feet in area are located 110 feet from the stream.
A plot map in the habitat management plan (Ex. 11) details the location of these
5 structures.
6 The parcel subject to the buffer request is 6.88 acres in size. The northwest property
7 line is bordered by Old Belfair Highway. The Union River crosses the property at
190 to 230 feet from the county road. The existing house and adjacent carport are
8 located 120 feet from the Union River.
9 4. Characteristics of the Area. The subject parcel is located 1.5 miles north
10 of the Belfair Urban Growth Area and within the Union River Valley. Residential
development generally lies to both sides of Old Belfair Highway. Parcels to the east
i l of the county road are developed as rural agricultural properties. Undeveloped
properties nearby still retain native tree and shrub vegetation.
12
5. Adverse Impacts of Proposed Use. As noted in the staff report, the
1' proposal results in significant improvements to buffer vegetation and wildlife habitat
14 along the union river. The proposed garage will be built in an already disturbed area,
the existing lawn. 920 square feet of buildings that encroach into the buffer will be
15 removed and 400 square feet of stream buffer area will be restored. Overall, the
project will create a new positive environmental benefit. .
16
17 CONCLUSIONS OF LAW
18 Procedural:
19 1. Authority of Hearing Examiner. MCRO 17.01.150 provides the Hearing
20 Examiner with authority to act regarding the Buffer Reduction.
21 Substantive:
22 2. Zoning Designation. The parcel is zoned Rural Residential 5. The Mason
County Comprehensive Plan designation for the site is Rural Area.
24 3. Review Criteria and Application. MCRO 17.01.110(D)(3) governs buffer
reduction. The required buffer zones, as required by the Mason County Resource
25 Ordinance, are 150 feet plus a 15-foot building setback for a total distance of 165 feet
from a Union Creek, a Type S stream. The relevant criteria are listed below.
MASON COUNTY RESOURCE ORDINANCE 17.01.110(D)(3)
Buffer Reduction p. 2 Findings, Conclusions and Decision
{PA0747772.DOC;1\13009.900000\}
For major new development, Mason County may decrease the buffer after
consultation with the Washington State Department of Fish and Wildlife and the
Skokomish Tribe, the Quinault Tribe and/or the Squaxin Island Tribe, after review
and approval of a Habitat Management Plan, and after a public hearing. Mitigation
must be adequate to preserve or enhance the functions and values of the critical area.
This means that a finding must be made that the net effect of the proposal is equal or
4 better than applying the standard buffers. If enhancement is part of the mitigation
plan, then a greater level of enhancement is required to offset the time lost while the
5 enhancement matures.
6 4. Buffer Reduction is considered a Type III quasi-judicial decision;
7 therefore,hearing examiner review and approval is required. As noted in the findings
of fact, the proposal creates a net positive environmental benefit by removing more
8 building area from the buffer than will be created by the new garage, which will be
placed in an already disturbed area. The positive benefits are further increased by the
9 proposed restoration of 400 square feet of stream buffer area.
10 The record is unclear as to whether any consultation was done with the state or tribes
11 as required by the criterion above. The staff report notes that the notice of application
was posted on the property and published, but this does not qualify as "consultation".
12 In order for the consultation requirement to have any meaning separate from the
general notice requirements for Type III permits, the state and tribes must be
13 individually notified of the application. Consultation will be made a condition of
14 approval.
15
MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW
16
MCC 15.09.055(C): Required Review: The Hearing Examiner shall review
1 proposed development according to the following criteria:
18
1. The development does not conflict with the Comprehensive Plan and meets
19 the requirements and intent of the Mason County Code, especially Title 6, 8, and 16.
20 2. Development does not impact the public health, safety and welfare and is
21 in the public interest.
22 3. Development does not lower the level of service of transportation andlor
neighborhood park facilities below the minimum standards established within the
23 Comprehensive Plan.
24 5. Since the project will create a net positive impact on environmental
25 resources, it is consistent with Comprehensive Plan policies that encourage the
protection and enhancement of environmental resources. Building permit review will
ensure compliance with building code standards and there is nothing in the record to
suggest that the project will fail to comply with any County code provisions. Since
Buffer Reduction p. 3 Findings, Conclusions and Decision
{PA0747772.DOC;1\13009.900000\}
the project has a net positive environmental benefit and has no discernable adverse
1 impacts it is in the public interest and does not adversely impact the public health,
2 safety and welfare. As a replacement to an existing garage, the project will not lower
the level of service of transportation and/or neighborhood park facilities.
DECISION
4
The Hearing Examiner approves the requested Buffer Reduction, with the
5 recommended conditions in the Staff Report by Allan Borden for MEP2010-000032,
6 in addition to the following conditions:
7 1. If it hasn't already done so, staff shall mail individual notice of the proposal
and an invitation for consultation to the Washington State Department of Fish and
8 Wildlife and affected tribes as required by MCC 17.01.110(D)(3). The state and
tribes shall be given at least ten days to respond to the notice/invitation. County staff
9 shall incorporate any valid and reasonable mitigation measures suggested by the state
10 and tribes that are consistent with MCC 17.0 1.11 O(D)(3).
11 Dated this 17th day of November 2010.
12
1' Phil A. 01 chts
14 Mason County Hearing Examiner
15
16 Appeal Right and Valuation Notices
17 This land use decision is final and subject to appeal to superior court as governed by
18 Chapter 36.70C RCW. Appeal deadlines are short and procedures strictly construed.
Anyone wishing to file a judicial appeal of this decision should consult with an
19 attorney to ensure that all procedural requirements are satisfied.
20 Affected property owners may request a change in valuation for property tax purposes
21 notwithstanding any program of revaluation.
2
24
25
Buffer Reduction p. 4 Findings, Conclusions and Decision
{PA0747772.DOC;1\13009.900000\}
CASE INDEX
Kurt Byerly
Resource Ordinance Buffer Reduction
MEP2010-000032
Attachment# Date Description
1 November 9, 2010 Staff Report
2 September 22, 2010 Mason Environmental Permit Application
3 October 20, 2010 Vicinity Ma
4 October 20, 2010 Area Location
5 October 20, 2010 Subject Parcel Aerial Photo
6 October 20, 2010 Subject Parcel and Proposal
7 October 12, 2010 Notice of Application
8 October 28, 2010 Affidavit of Posting
9 July 2009 Mason County Bond Form
10 July 2009 Title Notification of Habitat Management Plan
11 June 2009 Habitat Management Plan for Property
Byerly Union River buffer reduction case index.doc
MASON COUNTY DEPARTMENT OF
COMMUNITY DEVELOPMENT
Building I * 411 N. 5th Street * P.O. Box 279
Shelton, Washington 98584
November 9, 2010
TO: Mason County Hearing Examiner
FROM: Planning Staff—Allan Borden, Senior Planner
RE: Mason Environmental Permit MEP2010-00032 Proposal to Reduce Vegetation
Buffer Standard along a Type F stream for the the removal of several small
structures and construction of new garage per the Mason County Resource
Ordinance (Fish and Wildlife Habitat Conservation Areas, 17.01.110, Section D.3).
STAFF REPORT
I. Introduction: This report evaluates a request for a buffer reduction to remove several
outbuildings and construct a 2,400 sq. ft. garage near the county road within a Type S stream
buffer of the Union River(Exhibit 2). The required Conservation Buffer Area from the
ordinary high watermark (OHWM)of a Type S stream is 150 feet,with an additional 15-foot
building setback. The combined 130 feet conservation buffer and 15 feet building setback
distance proposed by the project is 145 feet from stream OHWM. The proposed new garage
location would be at a greater distance from the Union River than the existing garage and
outbuilding sites now located at 40 to 110 feet from the stream. The proposed new footprint
moves the area of development nearly out of the stream buffer except for 25 to 30 percent
(600 to 700 sq. ft.), and the mitigation proposed restores the stream buffer eliminated from
past land uses and maintenance activities. This proposal results in significant improvements
to buffer vegetation and wildlife habitat along the Union River. The proposed project is
described and mitigation offered in the attached Habitat Management Plan (HMP) (Exhibit
11). Staff recommends conditional approval of proposed project.
II. Applicant: Kurt Byerly
III. Property Location: site address and project location: 2750 NE Old Belfair Highway,
Belfair. Parcel No. 12316-50-00010
IV. Date of Complete Application: September 22,2010.
V. Evaluations:
A. Characteristics of the Site: The 6.88 acre parcel is roughly rectangular shaped,with a
northwest to southeast depth of 600 feet and a width of 183 feet(Exhibit 5). The
northwest property border is Old Belfair Highway, and the Union River(designated as
Rural Shoreline under the Mason County Shoreline Master Program)crosses the property
Byerly Union River buffer reduction staff report.doc 1
at 190 to 230 feet from the county road. (Exhibit 6). The existing house is 1450 sq. ft. in
area(located at 120 feet from the Union River) and adjacent carport is 480 sq. ft. area. A
garage of 600 sq. ft. area and two outbuildings of 320 sq. ft. total area will be removed.
The proposed 400-sq. ft. area to be restored to a riparian buffer with native plantings, as
well as the 2,000-sq. ft. area to be enhanced with native plant species, is indicated on the
plot map in the habitat management plan(Exhibit 11). This designated area for restoration
planting is next to the OHWM of the Union River, and the enhancement area is within the
stream buffer to be improved towards the stream from the proposed garage structure.
B. Characteristics of the Area: The general area is 1.5 miles north of the Belfair Urban
Growth Area and within the Union River valley(Exhibit 3). Residential development
generally lies to both sides of Old Belfair Highway and is associated with the river(Exhibit
4). The parcels to the east side of the county road are developed as rural agriculture
properties;the undeveloped parcels nearby still retain the native tree and shrub vegetation.
C. Comprehensive Plan Designation: The Mason County Comprehensive Plan
designation for the site is Rural Area.
D. Zoning: The parcel is zoned Rural Residential 5 (RR5)per the Mason County
Development Areas Zoning Map.
Vl. 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 October 14,2010(Exhibit 7)and notice was published in the Shelton-
Mason Journal on October 14 and 21, 2010. An Affidavit of Posting Notice was
completed(Exhibit 8). The proposal required habitat management plan review and
comment by Washington Department of Fish and Wildlife and the Skokomish Tribe, but
no comments were received.
VII. Other Permits or Approvals: A Mason Environmental Permit application
(MEP2010-00032)was received September 22, 2010 with this request for Provision for
Decreasing Buffer(Exhibit 2). The proposal will require a Mason County Building
Permit for the construction of the new garage building. The applicant will need to
secure a bond with the County prior to the approval of a building permit to cover the
costs of mitigation proposed in the HMP (Exhibit 9). A three-year plant monitoring
program, from the time of issuance of the building permit,will be required by the
County,with annual reports submitted yearly on the anniversary date of the building
permit's issuance. A Title Notification of Habitat Management Plan shall be recorded
with the County Auditor's Office prior to final approval of the building permit
(Exhibit 10).
VIII. Analysis: The required conservation buffer for a Type S stream is 150 feet plus a
15-foot building setback for a total distance of 165 feet from stream OHWM. Stream
typing is according to Washington Department of Natural Resources stream typing
criteria. In accordance with Title 17.01.110 Fish and Wildlife Habitat Conservation
Areas standards,proposed development needs to meet these standards. An applicant
Byerly Union River buffer reduction staff report.doc 2
could request a variance to standards with a supporting habitat management plan or
request a reduction in buffer standards to show a net effect of the proposed development
and HMP actions in the critical area and buffer is equal to or better than applying the
buffer standards.
The proposal is to remove three outbuildings (a total of 920 sq. ft. area)and construct a
2,400 sq. ft. garage near the county road within a Type S stream buffer of the Union
River(Exhibit 11). The location of the existing 1,450-sq. ft. home is 120 feet to the
stream channel, and the structures to be removed are 40 and 110 feet from the river. The
proposed garage will be 143 feet from the river(Exhibit 6), so 30 percent of the proposed
footprint will be in the vegetation buffer and building setback and the other 70 percent
will be located at the far west area of the parcel and 10 feet from the county road. When
the existing structures of 920 sq. ft. area are removed from the stream buffer and the
2,400-sq. ft. area is restored or enhanced with native plant species,this proposal would
significantly increase the effective area of native stream buffer for this portion of the
Union River, and would address past development impacts within the conservation buffer
on the subject property. The mitigation offered in the HMP to restore a 400 sq. ft.
vegetation area within 50 feet of the river by removing non-native and invasive plants
and replacing with native shrub vegetation will enhance riparian values and wildlife
habitat and contribute to improving water quality of the stream. The area on the property
within the stream buffer that is now primarily lawn or maintained area, will be enhanced
with proposed tree and shrub species established on the subject parcel along the river.
The proposed placement of the new garage at 143 feet from the stream OHWM will
enable the owner to receive reasonable use of this property. The proposal improves the
location of development on a property with limited depth from the stream and calls for
mitigation that should be effective in improving conservation area habitat values.
Existing mature trees will not be affected by construction of the proposed new garage.
The plantings of western red cedar, big leaf maple, cascara,and additional Douglas fir
will be part of the enhancement of plant species and structure in that stream buffer.
IX. Staff Discussion: Staff concludes that the proposed construction site for the new
garage structure will place the new building at a location on the property that is the furthest
distance from the river and next to the county road, and the new native plantings stated in
the HMP have the potential to greatly enhance the stream's riparian function. The existing
outbuildings will be removed during the construction of the new garage. Nearly 70 percent
of the footprint of the new structure will be outside of the river vegetation buffer. With the
enhancements of native vegetation proposed in the HMP,especially in the disturbed stream
buffer(lawn area), impacts due to past and proposed development will be mitigated,the
river vegetation buffer attributes will be equal to or better than the existing stream buffer
values, and further improvements to enhanced wildlife habitat and protected water quality in
this stream should occur as these maintained native trees, shrubs, and groundcover continue
to grow over the next 20 to 30 years time.
X. Conclusions: Based upon the above discussion, Staff finds the proposal with its
habitat management plan is consistent with the Mason County Resource Ordinance,
adopted as Title 17.01, and a decision rendered be subject to the conditions listed below:
Byerly Union River buffer reduction staff report.doc 3
1. Developers and individuals shall be required to control erosion during construction.
2. No degradation of water quality shall occur as a result of this project.
3. Removal of vegetation shall be avoided and any areas disturbed should be restored to
prevent erosion and other environmental impacts.
4. The existing natural vegetative buffer shall remain undisturbed by any construction
and/or development activities on the parcel.
5. The provisions and recommendations of the Habitat Management Plan shall be
implemented in a timely fashion,along with the recommendations detailed in the
body of the text of this Staff Report,with particular reference to the securing of a
restoration bond and title notification of the HMP by the Applicants prior to final
approval of the building permit.
6. 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).
7. A detailed planting plan, with species composition,number, and distribution shall be
provided to and approved by Planning Staff prior to final approval of the building
permit.
8. 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.
9. A survival rate of 90 percent of plantings is required each year during the three-year
monitoring period. If survival falls below 90 percent, the applicant shall replant to
restore the required survival percentage and shall extend the monitoring report the
necessary period to address the re-plantings.
10. A restoration bond shall be established with Mason County in the amount necessary
to perform the restoration,and prior to final approval of the building permit.
11. A Title Notification of Habitat Management Plan shall be recorded with the County
Auditor's Office prior to final approval of the building permit.
12. Demolition and removal of existing outbuildings will occur in a timely fashion prior
to the construction of the proposed garage building.
XI. Choices of Action.
1. Approval of the Buffer Reduction request.
2. Denial of the Buffer Reduction request.
3. Conditional approval of the Buffer Reduction request.
4. Remand the case to staff for further information and/or clarification
Byerly Union River buffer reduction staff report.doc 4
Ji c 2-
Page 1 of 3 ma 1'Q P o
PERMIT NO.:
DATE RECEIVED: 11
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT 7(-vt C`l
RESOURCE ORDINANCE(Chapter 17.01 MCC)
411 N. 5TH Street/P.O.Box 279,Shelton, WA 98584
ENVIRONMENTAL PERMITAPPLICATION
MASON ENVIRONMENTAL PERMIT CONDITIONAL USE❑
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.APPLICANT
NAME: SIGNA IURY:
MAILING ADDRESS a���11dd
r n
WORK PHONE '+VE-MAIL ADDRESS v
HOME PHONE (� ._ ._ � I /� FAX#
If an agent is acting for the applicant during the permit process,complete#2.
2.AUTHORIZED AGENT
NAME: Le— ell,IL. SIGNATURI,:-
MAILING ADDRESS
WORK PHONE ^6 Q E-MAIL ADDRESS
HOME PHONE FAX# 3 f_ - :� ')
3.SITEADDRESS I F t f W I
PARCEL NUMBER la 1 � �(1 r�1 1.� LEGAL DESCRIPTION 1,
DIRECTIONS TO SITE: 1 rr�
c H A Ct� 'a 4
R-0 v� 40 J\ f'l
4. State which section requires permit:
❑ 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 Area,Chapter 17.01.080 ❑ Landslide Hazard Area,Chapter 17.01.100
❑ Erosion Hazard Area,Chapter 17.01.104 ❑ Seismic Hazard Areas,Chapter 17.01.102
❑ In-Holding Lands,Chapter 17.01.062 S/Fish&Wildlife Habitat Conservation Areas,Chapter 17.01.1 I0
12 200
426 W CEO,^,,q
Page 2 of 3
5. Identify current use of the property with existing improvements:
1 Ii .+ Q-
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):
6 us,Aq rnnye-n4lowjs rr�
T c b 4 I1 a qan
7. Describe why the action requiring this permit cannot be avoided.
1
hU
8. Will there be an alteration of a wetland and/or wetland vegetation area? Yes ❑ No
rVe
9. Identify any surface water on or adjacent to erty:
❑ Saltwater ❑ Lake Stream ❑ Pond ❑ Wetland ❑ Drainage Ditch
10. If tic is located on project site,include records.
Connect to Septic ❑ Community Septic ❑ Public Water Supply ❑ Well
11. T of Job:
New ❑ Add ' O Alteration - O Repair Demolition 0Other:
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.
"
MASON ENVIRONMENTAL PERMIT: $630.00/$380.00(with another permit)
MASON CONDITIONAL USE ENVIR.PERMIT: $1,520.00 j,
HABITAT MANAGEMENT PLAN REVIEW: $455.00 4.26 W. CEDAR ST.
IAPLANNINGTACTORMS REVISED Dec.2008
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.EASE PRESS HARD MASON COUNTY PROJECT SITE
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AFFIDAVIT OF POSTING NOTICE
bb 2 zo Lo , 060
STATE OF WASHINGTON )
ss.
COUNTY OF MASON )
I. A� do hereby certify that I posted '3 copies of
the attached in public places as follows:
1.
one at
one atG'l
one at
In witness whereof, the party has signed this Affidavit of Posting Notice this day
of (50 U( , 20�.
By:
Address: Y 2� 5 W4
STATE OF WASHINGTON )
) ss.
COUNTY OF MASON )
Subscribed and sworn to me this ��day of , 20/_
Notary Public for the tate of Washington
cn: APR30, 2011
'' A 2 Residing at
'.'' . L'$LIG �.•'
°'�'�4� "'' � •'��,� Commission Expires
25
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P.O. Box 279, Shelton, WA 98584
(360) 427-9670
MEP2010-00032 Notice of Mason Environmental Permit.
Notice is hereby given that Kurt Byerly who is the owner of the described property below, has filed an
application for a Mason Environmental Permit for the development of:
Fish and Wildlife Conservation Area buffer reduction to review proposed garage building
construction partly in stream buffer along the Union River(type S stream) at 2.5 miles north of
Belfair WA.; proposal includes removal of three small buildings and the enhancement of the
buffers by habitat restoration plan. To establish this land use, the applicant must receive
approval through a Mason Environmental Permit public review and hearing by the County
Hearing Examiner.
Parcel Number: 12316-50-00010 (6.88 ac.)
Site Address: 2750 NE Old Belfair Highway, Belfair WA.
Location of Project: East of Old Belfair Highway and west of the Union River; north of Belfair;
portion of the northwest 1/4 of Section 16, Township 23 N., Range 1 W. in Mason County
Washington.
Said proposed development is subject to Mason Environmental Permit review(M.C.C. 15.09.050 and
8.52.170.d.3) and associated Mason County Resource Ordinance standards. Any person desiring to
express their view or to be notified of the action taken on the application should notify in writing of
their interest to:
MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
PO BOX 279
SHELTON, WA 98584
The comment period is at least 15 days from the final publication date pursuant to M.C.C. 15.07.030
(public notice). The final date of publication, posting or mailing of notice is October 21, 2009.
Written comments will be accepted up to the date of the Hearings Examiner public hearing Tuesday
November 9, 2009; 1:00 PM. Contact this office at(360) 427-9670, ext. 365 for further information.
The proposal is exempt from environmental review per WAC 197-11-800(1), outside of actual critical
area boundaries.
MASON COUNTY BOND FORM
Type of Permit:
Name:
Type of Improvement:
Project Location:
Legal Description of Property:
With reference to the above-identified matter, this will certify that this institution has a
savings account(or loan) for the above-referenced owner/developer/contractor forthe
project so identified. In consideration of the permitted improvement, and in lieu of a
performance bond, this institution hereby agrees that it will freeze the following sums of
money for the indicated improvement pending written authorization for release of said
funds by in the amount of$ Dollars.
The total sum indicated will be withheld by this institution from any disbursements of
any kind until written authorization has been received by this institution from Mason
County to release the sum of money indicated by the written authorization from the
County.
The design, location; materials and other specifications for the indicated improvement are
those required by Mason County as appears in the above-referenced document/permit,
and shall be in compliance with the Mason County Resource Ordinance, Chapter 8.52
Mason County Code as amended.
These funds shall be held by the institution for a period of three years. In the event that
(responsible party's name) does not comply with the
aforementioned requirements, Mason County may demand, and the institution shall
make,payment to Mason County of said funds so that the necessary repairs can be
performed immediately to Mason County standards. The institution shall not be liable to
(responsible party's name) for any disbursement of
said funds to Mason County. The conditions in this agreement may only be amended or
revoked by express written condition of Mason County.
Signature of Responsible Party Date
Confidential Page 1 Form Revised:03/25/03
Name of Bank/Phone Number Accepted:
Approved:
Title:
Bank Address
Date
Account Number
STATE OF WASHINGTON,
County of Individual Acknowled
gement)
dgement)
I, , Notary Public in and for the State of
Washington, residing at , do hereby certify that
on this day of ,20 ,personally appeared
before me , to me known to be the individual
described herein and who executed this instrument and acknowledged that
signed and sealed the same as free and voluntary act and deed for the uses
and purposes herein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of
, 20
Notary Public in an for the State of
Washington;residing at
in said
County. My Commission expires
Confidential Page 2 Form Revised: 03/25/03
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
r R
THE WETLAND CORPS
Wetland Delineation • Habitat Management Plans - Riparian Restoration - Mitigation • Biological Evaluation
PARCEL 123165000010 HABITAT MANAGEMENT PLAN
2750 NE Old Belfair Highway
Belfair,Washington
Prepared for:
Kurt Byerly
2750 NE Old Belfair Highway
Belfair,WA 98528
Prepared by:
Heather Lane and Lee Boad
June,2009
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
J
THE WETLAND CORPS
Wetland Delineation - Habitat Management Plans - Riparian Restoration - Mitigation - Biological Evaluation
PARCEL 123165000010 HABITAT MANAGEMENT PLAN
TABLE OF CONTENTS
1.0 PROJECT DESCRIPTION...................................................................................................1
2.0 PROPERTY DESCRIPTION ...............................................................................................3
3.0 APPLICABLE SETBACKS..................................................................................................3
4.0 DESCRIPTION OF HABITAT AND SPECIES.................................................................3
5.0 ANALYSIS OF EFFECTS....................................................................................................6
6.0 BUFFER ENHANCEMENT.................................................................................................7
7.0 MONITORING ....................................................................................................................11
8.0 SUMMARY...........................................................................................................................12
Fames
Figure 1. Site Vicinity Map
Figure 2. Site Plan
Figure 3. National Wetland Inventory Map
Figure 4. Mason County Soil Survey Map
Figure 5. Department of Natural Resources Water Resource Map
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
THE WETLAND CORPS
Wetland Delineation • Habitat Management Plans • Riparian Restoration - Mitigation • Biological Evaluation
June,2009 Page 1
PARCEL 123165000010 HABITAT MANAGEMENT PLAN
Belfair,Washington
1.0 PROJECT DESCRIPTION
The details of a Habitat Management Plan for the proposed stream buffer reduction which will
allow for the construction of a 2400 square foot garage 130-feet from a type S stream (Union
River) are addressed in this report. The property is located at 2750 NE Old Belfair Highway,
Belfair, Mason County, Washington. The property is found in the NW '/a of Section 16
Township 23 North, Range 1 West (See Figure 1. Site Vicinity Map). The parcel occupies
approximately 1.5 acre, and contains an SFR, garage, and associated outbuildings.
The stream drains southwesterly through the central portion of the property. Type S streams in
Mason County require a buffer of 150-feet with an additional 15-foot building setback; this
buffer occupies nearly the entire property with the exception of the area near Old Belfair
Highway. This proposal will require the buffer of a type S stream to be reduced to 130 feet at the
narrowest point to allow for the construction of the proposed shop building. This is the farthest
distance from the stream that is feasible given the size of the parcel, location of the stream, and
required front yard setback. The majority of the stream buffer (on the north side of the stream)
within the parcel is devoid of native riparian vegetation, and includes invasive species such as
himilayan blackberry and Japanese knotweed, and open lawn area.
Mitigation includes enhancing and restoring the proposed buffer by removing the existing garage
located 100-feet from the stream, outbuilding and covered area; removing invasive species and
planting a portion of the buffer with shrub and overstory plantings. The existing garage
occupies 600 square feet (20-feet by 30-feet), the existing outbuilding occupies approximately
120 square feet (6 feet by 12 feet) and the existing covered area occupies 200 square feet(20 feet
by 10 feet).
From a habitat standpoint, this project meets the Mason County Resource Ordinance (MCRO)
criteria for a buffer reduction due to the following circumstances:
1) The proposed construction will be further from the stream than the existing buildings to be
removed.
2) The existing use of the property is single-family residential.
3) The mitigation proposed will result in higher quality riparian habitat conditions than what
currently exist.
The objectives of this HMP are as follows:
PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
Parcel 123165000010 HMP
June, 2009
Page 2
■ To evaluate the potential adverse effects to critical area functions as well as fish and wildlife
habitat resulting from the proposed project. Emphasis is placed on the possible loss of
habitat for any listed species found to be residing in the vicinity of the parcel.
■ To identify appropriate mitigation measures that could be implemented to improve the
function and value of the proposed type S stream buffer, congruent with the project proposal.
i
Photo 1. Small outbuilding to be removed.
FIT-.-
Photo 2. Existing garage and outbuilding to be removed.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
Parcel 123165000010 HMP
June, 2009
Page 3
2.0 PROPERTY DESCRIPTION
The parcel is located to the south of Old Belfair Highway in Belfair, and is surrounded by
residential parcels of varying size and shape. The type S stream (Union River) meanders
approximately 185 feet south of the northern property boundary. According to the DNR Water
Resource Map (shown in Figure 5. WA DNR Water Resource Map) the stream is classified as
type "S", meaning it identified as a "shoreline of the state". The stream drains southwesterly to
eventually enter into Hood Canal.
The portion of the property north of the stream is occupied by relatively flat landscape,
containing little native vegetation as it is mostly maintained as lawn area surrounding the existing
buildings. The portion of the property south of the stream is well vegetated, containing both
native and nonnative species, and also contains relatively flat topography. Vegetation within the
southern portion of the property consists of big leaf maple (Acer macrophyllum, FACU), western
red cedar(Thuja plicata, FAC), salmonberry (Rubus spectabilis, FAC+), swordfern (Polystichum
munitum, FACU), Japanese knotweed (Polygonium cuspidatum, NI) and himilayan blackberry
(Rubus discolor, FACU).
3.0 APPLICABLE SETBACKS
The parcel 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 S Stream 150' 15'
4.0 DESCRIPTION OF HABITAT AND SPECIES
4.1 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. The lower Union River is known to support a small run of
Puget Sound Chinook. These fish are assumed to be of hatchery origin but have maintained
some level of natural production over the last decade.
The mainstem of the Union River is listed as a final designation in the NOAA Fisheries
Northwest Region Critical Habitat Designations for West Coast Salmon and Steelhead in
Washington-August 2005.
The project proposal includes mitigation and tactical design intended to protect and maintain
water quality of the stream and prevent sedimentation. Given that no displacement of important
spawning habitat will be necessary, this project is not expected to impact Puget Sound Chinook.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
Parcel 123165000010 HMP
June,2009
Page 4
Mitigation includes invasive species removal, the removal of three buildings near the stream, and
the establishment of a native riparian community along an area occupied by an open lawn
adjacent to the river. The resulting riparian buffer will be larger than what currently exists on-
site.
4.2 Puget Sound Steelhead (Oncorhynchus mykiss)-Threatened
Listed as Threatened since May 2007, Puget Sound Steelhead spawn in several streams
throughout Puget Sound. Spawning usually occurs in moderate to steep gradient sections of
streams, usually in heads of riffles or the tails of pools where hydraulic conditions are conducive
to intragravel flow. Side channels and the anterior portions of islands are also used. Spawn
timing for summer steelhead runs typically ranges from mid May through October while winter
run steelhead are present from December through May. Adequate cover from predation, water
temperature, and spawning gravel are important factors for instream habitat, while little is
currently known about specific marine habitat requirements.
The Union River is accessible to and know to support Puget Sound Steelhead. The
recommendations provided in this report are intended to protect water quality and enhance the
riparian corridor, improving the overall health of the stream and wildlife utilization of the site.
The proposed project will not adversely impact the type S stream, and should result in better
conditions than what currently exist within the riparian corridor. No impacts to Puget Sound
Steelhead are predicted to result from this project.
4.3 Hood Canal Summer Chum (Oncorhynchus keta)-Threatened
Hood Canal Summer Chum spawning areas in proximity to the site include the Union River and,
historically, the Tahuya River. Recovery efforts are in place to restore naturally spawning
summer chum populations to the Tahuya system while the Union stock remains healthy.
Summer chum adults are present from August to mid October in the lower Union River.
The project proposal includes mitigation and tactical design intended to protect and maintain
water quality of the stream and prevent sedimentation. Given that no displacement of important
spawning habitat will be necessary, this project is not expected to impact Puget Sound Chinook.
Mitigation includes invasive species removal, the removal of three buildings within the stream
buffer, and the establishment of a native riparian community along an area occupied by an open
lawn adjacent to the river. As the riparian buffer will be expanded beyond what currently exists,
the resulting conditions will be more beneficial to the riparian area than what are currently
present.
4.4 Bull Trout(Salvelinus malma)- Threatened
Bull trout typically inhabit very cold, clear headwater streams at high elevations that are
supported by snowmelt. For spawning and early rearing, bull trout require loose, clear gravel,
relatively free of fine sediments.
Bull trout are not documented within this stream. Given the scale of the project and mitigation
proposed, the project is not likely to have any adverse impacts on bull trout.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
Parcel 123165000010 HMP
June, 2009
Page 5
4.5 Bald Eagle(Haliaeetus leucocephalus)- Threatened
Habitat areas associated with Bald Eagle include uneven aged coniferous stands with some old-
growth components. Nests are typically constructed in larger trees with dead or broken tops
providing an unobstructed view of nearby water. Snags and trees with exposed lateral limbs, or
dead tops are used as perches and defense stations.
There are no documented Bald Eagle nesting sites in the vicinity of the project area. The
proposed project does not require the removal of any trees. Recommended overstory plantings
recommended in Section 6.3 should improve the potential for use of the site by Bald Eagle in the
future. As no important habitat features are to be removed, this project will have no adverse
impacts on bald eagles. The proposed mitigation is expected to provide a net benefit.
4.6 Marbled Murrelet (Brachyramphus marmoratus)- Threatened
Marbled Murrelets are typically associated with coastal habitats and nest in old-growth forests.
Murrelets may fly as far as 50 miles inland to nest, however the average distance is roughly 5-
miles from nest to sea. It is only during the summer breeding months that they are commonly
found inland. During non-nesting seasons they live at sea. Murrelets require tall mossy trees in
coniferous old growth forests with cavities on thick branches where they can construct a cup nest
20-40 meters above the forest floor.
Murreletts have been documented laying eggs on rocky ground habitats only when a sufficient
forest is unavailable. There are no documented nesting sites surrounding the project site. No
potential nesting trees containing platform features are within the project area. This project will
likely have no adverse impact on Marbled Murrelet given there are no documented nesting sites
or potential nesting trees within the project area.
4.7 Northern Spotted Owl(Stria occidentalis caurina)- Threatened
Spotted owls require a large amount of land for their nesting and hunting grounds; pairs may
occupy up to 58 sq. km. They are territorial and do not migrate, but they may shift their ranges
slightly in response to seasonal changes
Suitable spotted owl habitat includes trees relatively large in diameter, multi-layered forest
canopy with a moderate to high canopy closure in overstory, midstory, and understory, large, tall,
live trees with cavities, broken tops, mistletoe, or platforms of branches capable of holding
accumulated organic matter suitable for use as a nest. Dead standing trees and fallen decayed
trees supporting abundant populations of prey species are critical to spotted owl populations.
Currently there are no spotted owl nesting sites documented in proximity to the project site.
As spotted owls are currently not present, and the project is of a scale that has no impact on
forested areas, no impacts to spotted owl or their habitat are expected result from the proposed
project.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
Parcel 123165000010 HMP
June, 2009
Page 6
5.0 ANALYSIS OF EFFECTS
The project entails reducing the regulated type S stream buffer to 130 feet. Two of the existing
buildings to be removed are 110 feet from the stream and one small building to be removed is
approximately 40 feet from the stream. The proposed project area is devoid of native riparian
vegetation as it has been maintained as a flat lawn area. The proposed mitigation entails restoring
and enhancing the proposed stream buffer to a higher quality habitat condition than what
currently exists onsite.
5.1 Vegetation Disturbance
This project does not require removal of any native trees within the stream buffer. The proposed
building footprint is located in a portion of the property that is occupied by flat, lawn area. The
recommended planting of native vegetation described in Section 6.1 and 6.2 will result in a net
increase of vegetation abundance and diversity within the site.
Photo 3. Proposed building area,outlined in red.
5.2 Designated Critical Habitat for Salmonids
According to NOAA Fisheries Northwest Region Critical Habitat Designations for West Coast
Salmon and Steelhead in Washington - August 2005, the Union River is classified as Designated
Critical Habitat for Salmonids. However, none of the proposed actions are likely to destroy or
adversely modify designated critical habitat. Actions described in this plan are not expected to
jeopardize the continued existence of any listed species.
5.3 Noise Pollution
A slight increase in noise from construction activities is likely to occur during daylight
construction hours. No nesting sites are located within the radii of concern that would be
impacted by noise associated with the establishment of the building.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618,Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
Parcel 123165000010 HMP
June, 2009
Page 7
5.4 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 in Section 6.3 to
minimize the adverse effects to sediment supply and turbidity during project implementation.
5.5 Light and Glare
Given the existing use of the property, the proposed project is not likely result in an increase in
light and glare.
6.0 BUFFER ENHANCEMENT
This project entails reducing the required 150-foot stream buffer to accommodate the proposed
construction. A series of buildings located 110 feet from the stream and closer will be removed
and taken off site. Followingthe removal of these buildings, a portion of the stream buffer that is
g
currently occupied by flat, lawn area will be planted with native trees and shrubs. In addition,the
invasive species (Himilayan blackberry and Japanese knotweed) adjacent to the stream will be
removed and the area will be seeded with a native grass mix and planted salmonberry (Rubus
spectabilis, FAC+).
The area where the invasive species are proposed for removal occupies approximately 400 square
feet, and will be identified as the Restoration Zone. The lawn area proposed for shrub and tree
plantings will be identified as the Enhancement Zone, occupying 2000 square feet. These areas
collectively occupy 2400 square feet, mitigating for the proposed building within the 150-feet
buffer at a 2 to 1 ratio. The stream buffer will then be monitored for presence of invasive
species, and the success or failure of the newly installed vegetation.
The planting guidelines are more specifically addressed in the sections that follow.
6.1 Planting
Enhancement Zone
It is recommended that the Enhancement Zone be planted with both trees and shrubs to provide a
diverse, multi-layer vegetative community within the stream buffer. The enhancement of a
moderately dense forest and shrub community within this portion of the stream buffer is intended
to improve wildlife utilization and riparian function of the site as well as establish a vegetative
screen between the proposed development and stream.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
Parcel 123165000010 HW
June 2009
Page 8
r � I
t
Photo 4. Enhancement Zone,to be planted with trees&shrubs.
The following is a list of suggested species to be used for replanting within the Enhancement
Zone. The species have been chosen based on their presence within surrounding undisturbed
forested areas, tolerance to moist conditions, and light requirements. It is recommended that
potted plants be used as opposed to bare root seedlings. Comments associated with each species
from the Species Selection Guide from the Sound Native Plants website
(www.soundnativeplants.com)are provided.
Trees
Douglas Fir(Pseudotsuga menziesii)2-gallon Fast growing
Big Leaf Maple(Acer macrophyllum)2-gallon Fast growing,versatile
Cascara(Rhamnus purshiana) 2-gallon Versatile
Western red cedar(Thuja plicata)2-gallon Shade tolerant
Shrubs
Pacific ninebark(Physocarpus capitatus) 1-gallon Versatile
Snowberry(Symphoricarpos albus) 1-gallon Very versatile
Thimbleberry(Rubus parviflorus) 1-gallon Versatile
Vine maple(Acer circinatum) 1-gallon Slower growing, a survivor
Ocean spray(Holodiscus discolor) 1-gallon Versatile
6.2 Native Planting Guidelines
It is recommended that plantings be installed within the identified Enhancement Zone to achieve
the following densities. A minimum of 1 tree species and five shrub species from the above list
are recommended.
PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmaii.com
I
Parcel 123165000010 HMP
June, 2009
Page 9
trees- 10' on center
shrubs- 5' on center
These densities will provide a moderately dense, structurally diverse plant community within the
mitigation zone. It is recommended that installation be done as single trees and or clusters of
three shrubs, on approximate 10-foot centers. The planting will alternate between 5 trees + 3
shrub clusters or 4 trees + 4 shrub clusters throughout the mitigation zone. Any volunteer or
existing native vegetation can be counted towards target densities. To fulfill the above mentioned
planting density recommendation, the Restoration Zone will be planted with 20 trees and 60
shrubs.
Typically, planting should occur during winter dormancy. The optimum time for planting is
during February and March, however, the need to complete the project in a timely manner may
call for planting to occur outside optimum time periods. No machinery earthwork will be
necessary to implement this portion of the enhancement plan; planting holes for specified
vegetation installation will be hand dug. No additional clearing or grading should be necessary
for site enhancement. All installed vegetation shall be marked with colored flagging to facilitate
monitoring inspections. The monitoring program is outlined in Section 7.0 to insure project
effectiveness.
6.3 Restoration: Invasive Species Removal
It is recommended that the Himilayan blackberry and Japanese knotweed be removed from the
portion of the stream buffer identified as the Restoration Zone (See Figure 2. Site Map for
Restoration Zone location). The invasive species can be removed by cutting, or a small
excavator may be temporarily allowed within the stream buffer to complete the removal.
Following the removal, the area should be hydroseeded with a native seed mix to quickly provide
soil stability and reduce erosion along the slope. Finally, this area should be replanted with
salmonberry (Rubus spectabilis, FAC)to establish a native vegetative community near the stream
that is consistent with the vegetation scheme along the Union River. It is recommended that the
salmonberry be planted moderately dense planting density of 5-feet on center, which will total 16
plants within the 400-square foot area.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetiandcorps@hotmail.com
i
Parcel 123165000010 HMP
June,2009
Page 10
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Photo 5. Japanese knotweed& Himilayan blackberry to be removed from Restoration Zone&the area to be
replanted with native vegetation.
6.4 Best Management Practices
Recommended Best Management Practices for this project are as follows:
• Perform excavation and site preparation work during dry weather.
• Install silt fencing between the work area and the stream to prevent erosion and siltation of
waters (See diagram below).
• 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. Do not 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.
• Comply with all permits and requirements of governing authority.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
1
Parcel 123165000010 HMP
June,2009
Page 11
4'HIGH
CONSTRUCTION
STEEL POST FENCE
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10 FT MAX SPACING WITH
WIRE SUPPORT FENCE
I FT MAX SPACING WrtNOUT
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Recommended Silt Fencing
Invasive Species Prevention
Invasive species such as Himalayan blackberry, reed canary grass, Japanese knotweed, and
English Ivy may invade the enhancement zone. These species are stubborn competitors for light
and nutrients and limit success of native plants. Invasive species should be removed from the
enhancement zone should they invade. Herbicides should not be used to achieve this due to the
proximity to the stream. Persistent cutting during the growing season is sufficient to offset the
rhizomes of invasive species if they become a problem.
7.0 MONITORING
Monitoring of the site will begin the first fall following project implementation and maintained
on a seasonal basis. The information gathered will provide the following: 1) condition of plant
species within the stream buffer; 2) the use of the site by wildlife species; 3) any disturbance
caused by the project and its effect on the protected zone and associated aquatic habitat; 4) any
occurrence of exotic species within the restoration 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.
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetiandcorps@hotmail.com
1
Parcel 123165000010 HMP
June,2009
Page 12
8.0 SUMMARY
This report proposes a stream buffer reduction to allow for the construction of a 2400 square foot
garage. The building is proposed 130-feet from the type S stream and will occupy 1,200 square
feet within the currently regulated 150-foot buffer. The existing garage and adjacent outbuilding
to be removed is located 110-feet from the stream while a separate building to be removed is
located 40-feet from the stream. As this proposal results in an increased width of the riparian
corridor by replacing three buildings currently within 110 feet of the stream with one building
130 feet from the stream, overall habitat conditions will be improved.
The currently required 150-foot buffer encompasses the majority of the parcel and would not
allow for construction of the garage. Additional mitigation entails restoring and enhancing a
portion of the stream buffer to improve the function of the riparian corridor. The Restoration
Zone occupies approximately 400 square feet and the Enhancement Zone occupies approximately
2000 square feet. See Figure 2. Site Map for the approximate location of the restoration zone
and the enhancement zone.
Best Management Practices have been identified to avoid, minimize, and mitigate for impacts
associated with the proposed project. No impacts to water quality or stream habitat are likely to
result from this project.
We trust this information is sufficient for your needs at this time. Thank you for choosing The
Wetland Corps as your environmental consultant. If you have any questions feel free to call.
Respectfully submitted,
Lee Boad
Senior Ecologist
� 14 /61,�
'Heather Lane
Staff Wetland&Natural Resource Specialist
PO Box 2854, Belfair,WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
REFERENCES
Audobon WatchList. http;//audobon2.org/webapp/watchlist/viewSpecies.
Knutson, K.L., and V.L. Naef, 1997. Management recommendations for
Washington's priority habitats: riparian. Washington Department of Fish and Wildlife, Olympia. 181
pp-
Native Plants for Kitsap County. ftp://kcwppub3.co.kitsap.wa.us/pw/sw/Native
Policy of Washington Department of Fish and Wildlife and Western Washington
Treaty Tribes Concerning Wild Salmonids. Adopted by Washington Fish and Wildlife
Commission,1997.
Washington State Department of Ecology; William Symington Lake Habitat Analysis. 1998.
PO Box 2854, Belfair, WA 98528 cell:360-620-0618, Office: 360-372-2421 e-mail: wetlandcorps@hotmail.com
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FIGURE 1 VICINITY MAP
Project Name: Parcel 123165000010 HN P
Location: Belfair,Washington
Project: TWC09-W326
Client: Kurt Byerly
Date: 6/09
THE WETLAND CORPS
0 100'
Old Belfair
Highway
' Existing Union River
`. SFR
j 120 x 30 Type S Stream
Proposed 150' buffer+ 15'
Enhancement a building setback N
R 000 sq.ft.
Proposed 150'
garage(40'x
60') Proposed
estoration Zone
400 sq.ft.
130'
Proposed
buffer
Existing garage, reduction
covered area&
outbuilding to be
removed
FIGURE 2. SITE MAP
Project Name: Parcel 123165000010 HMP
Location: Belfair,Washington
Project: TWC09-W326
Client: Kurt Byerly
THE WETLAND CORPS Date: 6/09
"Op is egend w.
CONLIS Crhes N PENIA PFOC
^Jildcat Lake
C CONUS States 1OOK
Lower 48 Wetland Polygons rq�}Qr
E+lum.ne and Marine Deepwatel — .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. _ .. — .. _ .. _ .. _ .. _ .. — .. _
kstusrrne and Marine Welland
Freshwater Erie gant Welland
Freshwater Forested'Shrub Wet[snd
freshwater Pend
Lake Approximate
Ocher Parcel Location
RWerine
Digs1 __-
Belfal,r
PUBH
PFOA
PSS:
PEMCV
PEMF
+ Map;:enter:47- 29' 1 S" N. 122 50' 3 w`:
Figure adapted from NWI Figure 3 National Wetland Inventory Map
Mapper website Section 16 Township 23 North Range 1 West
FIGURE 3 NWI MAP
Project Name: Parcel 123165000010 HMP
Location: Belfair,Washington
Project: TWC09-W326
Client: Kurt Byerly
Date: 6/09
THE WETLAND CORPS Note: No wetlands mapped near parcel vicinity.
T
N -
v
Approximate
Parcel Location
iI
� f i
Onsite Soil Conditions based on Mason County Soil Survey
Subject Site Soils:
Indianola sandy loam, 0 to 5 percent slopes (Ib) In the Indianola series are
excessively drained, droughty. brown soils of the uplands. They have developed on
hummocky and rolling ridges from glacial drift that consisted of loose, porous sand. The
sand came mainly from acid igneous rocks. They differ from the Alderwood soils in not
being gravelly and in having a sand, rather than a cemented, substratum. Indianola sandy
loam, 5 to 15 percent slopes (Ie).- Stronger relief distinguishes this soil from Indianola
sandy loam, 0 to 5 percent slopes.
FIGURE 4 SOIL SURVEY
Project Name: Parcel 123165000010 H M P
Location: Belfair,Washington
Project: TWC09-W326
Client: Kurt Byerly
THE V\'ETL__'1_' N D COR P-%,, Date: 6/09
Note: Hydric soils not present in project
vicinity.
V8 { y[
r 7+ 54? ' 17096 4 17�1$5 9 17 -5 48 �!4- 17 t97 t
ti
17 F Jf'{92 II 17�1f Approximate 7097
parcel
t t t P t
4 � I location
= ti
JL A Cl
SOILS
STREWS Hydric Soils TR. NSPORT.-MON
l Stream Water T-:pe 1- Gast side, Highly Unstable �Paved Road
Stream Type U:knawn(East side) �>�y Erodible • Unpaved Road
Highh,Unaae:e fi
J Stream Rater Type 1-5(W.est sLde) ids'Erodible Road(Siuface tTnknowio
No Data or Gravel Pits `�
Stream Type U_1:nown(Wes,side) No
" Abwidoned Road
Orphaned Road
Trail
FIGURE 5 DNR STREAM MAP
Project Name: Parcel 123165000010 HMP
Location: Belfair,Washington
Project: TWC09-W326
Client: Kurt Byerly
THE A V FTL:-i N D COR 'N Date: 6/09
Note: One stream mapped in project vicinity.
PUBLIC NOTICE Affidavit I of Publication
MASON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning Division
P.O.Box 279,Shelton,WA 98584 STATE OF WASHINGTON 1 SS.
(360)427-9670 COUNTY OF MASON f
MEP2009-00047 Notice of
Mason Environmental Permit. Margot Brand being first duly sworn
Notice is hereby given that Kurt Byerly who is the
owner of the described property below, has filed an ap- on oath deposes and says that she is the clerk
plication for a Mason Environmental Permit for the devel- of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That
opment of: said newspaper is a legal newspaper and it is now and has been for more than six
Request of Fish and Wildlife Conservation Area months prior to the date of the publication hereinafter referred to, published in
buffer reduction to review proposed garage building P P
construction in stream buffer along the Union River the English language continuously as a weekly newspaper in SHELTON,Mason
(type S stream)at 2.5 miles north of Belfair WA.;pro- County, Washington,and it is now and during all of said time was printed in an
posal includes removal of three small buildings and office maintained at the aforesaid place of publication of said newspaper. That
the enhancement of these buffers by habitat resto-
ration;plan.To establish this land use,the applicant the said SHELTON-MASON COUNTY JOURNAL was on the 9th day of
must receive approval through a Mason Environmen- August, 1941, approved as a legal newspaper by the Superior Court of said
tal Permit public review and hearing by the County Mason County.
Hearing Examiner.
Parcel Number:12316-50-00010(2.00 ac.) That the annexed is a true copy of a PUBLIC NOTICE
Site Address:2750 NE Old Belfair Highway,Belfair WA. MASON COUNTY ENVIRONMENTAL PERMIT#MEP2009-00047
Location of Project: East of Old Belfair Highway and
west of the Union River; north of Belfair; portion of the 2543
northwest 1/4 of Section 16,Township 23 N., Range 1 W. as it was published in regular issues and not in supplement form of said
in Mason County Washington.
Said proposed development is subject to Mason En- newspaper once each week for a period of TWO
vironmental Permit review (M.C.C. 15.09.050 and 8.52. consecutive weeks,commencing on the
170.d.3) and associated Mason County Resource Ordi-
nance standards. Any person desiring to express their 27TH day of AUGUST 20 09 and ending on the
view or to be notified of the action taken on the application Y g
should notify in writing of their interest to:
3RD day of SEPTEMBER ,20 09 both dates inclusive,
MASON COUNTY DEPARTMENT OF and that such newspaper was regularly distributed to its subscribers during all of
COMMUNITY DEVELOPMENT the said period.That the full amount of the fee charged for the
PO BOX 279
SHELTON,WA 98584 foregoing publication is the sum of$ 350.00
The comment period is at least 30 days from the final
publication date pursuant to M.C.C.15.07.030(public no-
tice).The final date of ppublication, posting or mailing of
notice is September 3,2009. Subscribed and sworn to before me this day of
Written comments will be accepted up to the date of C�� _ �
the Hearings Examiner public hearing
TuesdayOctober 20 y(�
13,2009;1:00 PM.Contact this office at(360)427-9670,
ext.365 for further information.
The proposal is exempt from environmental review Nota Public in and for the State of W ington
per WV 197-11-800(1), outside of actual critical area Residing at Shelton,Washington
boundaries. 2543 8/27,9/3 1t
My commission expires v ,20 .
PUBLIC NOTICE
MASON COUNTY DEPARTMENT OF COMMUNITY
DEVELOPMENT
Planning Division
P.O.Box 279,Shelton,WA 98584
(360)427-9670
MEP2010 00032 Notice of Mason Environmental
Permit. A
Notice is hereby given that Kurt Byerly who is the Affidavit of Publication
owner of the described property below, has filed an ap-
plication for a Mason Enviromnental Permit for the devel-
opment of:
Fish and Wildlife Conservation Area buffer reduc- SPATE OF WASHINGTON SS.
tion to review proposed garage building construction COUNTY OF MASON
partly in stream buffer a!ong the Union River (type
S stream) at 2.5 miles north of Belfair WA.;proposal Koleen Wood being first duly sworn
includes removal of three small buildings and the en-
hancement of the buffers by habitat restoration plan.
To establish this land use,the applicant must receive on oath deposes and says that she is the clerk
approval through a Mason Environmental Permit pub- of the SHELTON-MASON COUNTY JOURNAL, a weekly newspaper. That
lic review and hearing by the County Hearing Exam- said newspaper is a legal newspaper and it is now and has been for more than six
iner. months prior to the date of the publication hereinafter referred to, published in
Parcel Number:1 231 6-50-0001 0(6.88 ac.) the English language continuously as a weekly newspaper in SHELTON,Mason
Site Address: 2750 NE Old Belfair Highway, Belfair County,Washington,and it is now and during all of said time was printed in an
WA' office maintained at the aforesaid place of publication of said newspaper. That
Location of Project: East of Old Belfair Highway and the said SHELTON-MASON COUNTY JOURNAL was on the 9th da
west of the Union River; north of Belfair; portion of the Y of
northwest 1/4 of Section 16,Township 23 N., Range 1 W. August, 1941, approved as a legal newspaper by the Superior Court of said
in Mason County Washington. Mason County.
Said proposed development is subject to Mason
Environmental Permit review (M.C.C. 15.09.050 and That the annexed is a true copy of a Notice of Mason Environmental
8.52.170.d.3) and associated Mason County Resource
Ordinance standards. Any person desiring to express permit-MEP 2010-00032-Kurt Bverly
their view or to be notified of the action taken on the ap-
plication should notify in writing of their interest to:
MASON COUNTY DEPARTMENT OF COMMUNITY 3661
DEVELOPMENT as it was published in regular issues and not in supplement form of said
PO BOX 279
SHELTON,WA 98584 newspaper once each week for a period of two
The comment period is at least 15 days from the final consecutive weeks,commencing on the
publication date pursuant to M.C.C.15.07.030(public no-
tice).The final date of publication, posting or mailing of
nottce is October 21,2009. 14th day of October ,20 10 and ending on the
Written comments will be accepted up to the date of
the Hearings Examiner public hearing Tuesday November 21st day of October 2010 both dates inclusive,
9, 2009; 1:00 PM.Contact this office at (360) 427-9670, Lind that such newspaper was regularly distributed to its subscribers during all of
ext.365 for further information. the said period.That the full amount of the fee charged for the
The proposal is exempt from environmental review
per WAC 197-11-800(1), outside of actual critical area
boundaries. foregoing publication is the sum of$ 325
3661 10/14-21 2t
Qop6�y�etaeoowry� Subscribed and sworn to before me this(-f[J Flo20
.
day of
9
Notary'Public in and for the Stat ashington
Residing at Shelton,Washington
My commission expires ,20 .
Page 3 of 3
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
0 100'
Old Belfair
Highway s
4;
zr, Existing
l Proposed
ti Enhancement e
R.. ` 000 sq.fL N
Proposed
4 G s
130'
Proposed
buffer
reduction
APPLICANT TO DRAW TOPOGRAPHY BELOW:
t )
A5 a r�
123093400050 / couVo"I JAML
v vc
123093303020 123093400050 123090060000
1 _ ------- -- -- - -
' 123093490101
123162200000
' 123165000001
123162290013
123165000012 44
123165000002
123162290012
a -
A 123165000010
123162290011 '� r•
f1,23162260000 A
�.
3 W
,123162200020 A
123165000005
M
123162 O120 _
123165WO902
123165000006 w IL
123165000009
123162200020
AOT
40
6 123162200050
123165000008
N
1 inch = 100 feet
W - F,
1 inch = 0.02 miles
ti
MASON COUNTY
j ur-PA"T Mr-N I Or COMMUNITY DEVELOPMENT
Planning
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shelton,WA 985 A
(360) 427-9670 Belfair(360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
TO: THE MASON COUNTY JOURNAL
FROM: MASO COUNTY PLANNING DEPARTMENT STAFF
DATE: W_
Please publish the attached.
On the following day(s)
Aq�—' *APsi— Z7
Please keep the Affidavit of Publication for the Mason County Planning Department to
pick up from your office and send copies to the following:
Please send a.bill for publication costs to: /
' 11 SD QC- 0(d D'e'C I HWq
WA qgs)'�
Thank you,
Mason County Planning S
3615
-1 MASON COUNTY
ucrRri I nfitiv I uf- WMMUNITY DEVELOPMENT
Planning
Mason County Bldg.1 411 N.5th
P.O.Box 279 Shetton,WA 985"
(360) 427-9670 Belfair(360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968
TO: THE MASON COUNTY JOURNAL
FROM: MASON COUNTY PLANNING DEPARTMENT STAFF
DATE:
Please publish the attached .
On the following day(s)
Please keep the Affidavit of Publication for the Mason County Planning Department to
pick up from your office and send _cop i to the following:
Please send a_bill for publication costs to:
K u ri-
r W4 97 z
Thank you,
Mason County Planning Staff
BRADLEY & LESLIE DEAKINS TIMOTHY &AMYL WHARTON
2336 SO. 284th CT. 2683 NE OLD BELFAIR HIGHWAY
FEDERAL WAY WA 98003 BELFAIR WA 98528
VICTOR SEAMANS CLAUDE BYERLY
2700 NE OLD BELFAIR HIGHWAY 3321 NE OLD BELFAIR HIGHWAY
BELFAIR WA 98528 BELFAIR WA 98528
KURT BYERLY ROBERT ROBINSON
2750 NE OLD BELFAIR HIGHWAY 2790 NE OLD BELFAIR HIGHWAY
BELFAIR WA 98528 BELFAIR WA 98528
ALAN & DEBRA GRISWOLD ROBERT & BONNIE DUFF
2796 NE OLD BELFAIR HIGHWAY 2821 NE OLD BELFAIR HIGHWAY
BELFAIR WA 98528 BELFAIR WA 98528
ROBERT & ROSALIE BYERLY REGINA HANNAN
P.O. BOX 384 P.O. BOX 307
BELFAIR WA 98528 ALLYN WA 98524
JASON ANDREW WELCH DANIEL HANNAN
21 NE EMERALD GLEN LN SANDRA MATTHEWS
BELFAIR WA 98528 5736 ASHWORTH AVE. N.
SEATTLE WA 98103