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HomeMy WebLinkAboutSPL2007-00017 GRD2007-00010 GRD2007-00015 - SPL Letters / Memos - 11/27/2012 _901y cot _ MASON COUNTY (360)427-9670 Shelton ext.352 DEPARTMENT OF COMMUNITY DEVELOPMENT (360) 275-4467 Belfair ext. 352 BUILDING•PLANNING•FIRE MARSHAL (360)482-5269 Elma ext. 352 Mason County Bldg. III, 426 West Cedar Street 1854 PO Box 279, Shelton, WA 98584 www.co.masonma.us Jack Johnson Construction P.O. Box 1119 Belfair, WA 98528 November 27, 2012 N6. - Re: SPL 2007-00017 (& GRD 2007 00010) Dear Mr. Johnson, This letter is in follow up to your reply to my letter of October 9, 2012 asking if you still considered your Sherwood Creek short subdivision to be active. You have indicated that you would like to finish this project and asked that I send you a letter detailing what is left to do. The following is largely based on my letter to you of July 10, 2009 but updated where new information is available. Water System Review In a note dated 6/16/09 you stated that the County's requirement that your Group B water system be operational prior to short plat approval was unreasonable and unnecessary. Shortly after that date I spoke with Arlene Hyatt of Mason County Public Health who at that time ran Mason County's drinking water program. Ms Hyatt directed me to the following section of Mason County Code: 6.68.050 Determination of adequacy for division of land. (a) Group B or Two-Parry Public Water Systems. (1)New Water System. (A) The water system is completely installed and meets all state and local regulations; or (B)Moneys, under the name of Mason County Health Services,totaling one hundred thirty- five percent of a bid obtained from an appropriate contractor for the entire cost of drilling the well, obtaining approvals, and installing the system, is placed either into an escrow account or a bond to secure completion of the work after the well site location is passed. (2) Existing Water System. The same requirements apply as described in subsection 6.68.040(a). I am not aware of any additional activity regarding your Group B water system since that time. Please contact Stephanie Kenny at ext. 581 (who has replaced Ms Hyatt)to pursue one of these options. To be clear, SEPA 2007-00094 did not adequately address the impacts of your short subdivision nor was it reviewed, conditioned or circulated for that purpose. SEPA 2007- 00115 must be issued prior to the approval of your application. Fire Marshal Concerns In 2009 Larry Waters of the Mason County Fire Marshal's office had concerns about your access road that should be discussed in the context of the items below. Status of GRD 2007-00010 On August 8, 2009 GRD 2007-00010 was approved for issuance with a condition that reads as follows: This project is approved subject to the short plat application, case number SPL2007-00017, being rescinded by owner Jack Johnson as evidenced by letter dated July 29, 2009. Because no one came in to pick up GRD 2007-00010, the permit was never issued and expired after 180 days. Because GRD 2007-00010 expired prior to issuance, the conditions are void and SPL 2007-00017 was not automatically canceled. However you will need to reapply for a grading permit which will be conditioned to meet current code. In July 2009 I wrote to you: As I understand it, the intent of your GAD (as stated on your application) was to "Grade and widen existing access road, create ditches, sediment control and grade building lots. "In support of this application you resubmitted your September 2005 GTL Geotechnical Report followed by a two page April 2007 update. This report was eventually replaced by completely new report by Michael Staten of Envirotech Engineering dated June 12, 2008. The Staten report was eventually reviewed by planner Rebecca Hersha and approved on 10130108. Ms Hersha's notes indicate that the report "covers nine residential sites and potential retaining walls." I have read through the Staten report, which appears to be a fine document with the exception that there is no mention of the extensive road construction and reconstruction (13,094 cubic yards,per application) involved in this project! This is a huge omission. This is not a theoretical concern. You are proposing to relocate the existing road to within 5 to 10 feet of the south line of Lake Land Village #5. Due to the steepness of the hillside directly below Lots 97 through 104 of Lake Land Village #5,your road will require cut and fill slopes. I think that you can imagine the phone calls that the County will receive shortly after your excavators begin working on this project. Additionally,per the Mason County Critical Areas Ordinance, section 17.01.100.C.2, if your geo-engineer determines that any portion of the road construction (including widening) is within an actual landslide hazard area, a Mason Environmental Permit (MEP) is also required. Sewer Review Status Concerning the review of your sewage connection and the timing of the installation of related infrastructure; I am relying on the text of the following e-mail sent to you by Tom Moore of Mason County Utilities and Waste Management on 3/13/09: Mr. Johnson, I am writing you to confirm the availability of sewer service to your proposed nine lot short plat in Allyn. As a condition of development of this short plat, we will require that all the necessary improvements to the conveyance system be completed by the developer. I also informed you that existing Sherwood Creek Road piping may not support the additional development and you may need to convey the wastewater all the way to Hwy 3 or up into Lakeland Village. Prior to the development of the short plat you will need to submit two sets of engineered drawings to our office for review and approval. Tom Moore Deputy Director, Mason County Utilities and Waste Management Have such plans been delivered to Mr. Moore's attention? Tax Parcel Corrections Four of the six tax numbers on the face of your short plat map are inaccurate. According to the Mason County Assessor's Office,the correct parcel numbers for these lots are as follows: 12220-33-00240 -Parcel 8 of BLA 06-23 (AFN 1870024) 12220-33-00250 -Parcel 9 of BLA 06-23 12220-33-00220 -Parcel 7 of BLA 06-23 12220-33-00210 -Parcel 6 of BLA 06-23 12229-22-00320-Parcel 5 of BLA 06-23 12220-33-90221 - Parcel 1 of BLA 06-23 The original parcel number for the resulting lots of Short Plat 1718 were deleted by the Assessor's Office following BLA 06-23 Rev I. Please have Steve Ottmar make the necessary corrections to the short plat map at the time of the next revision. Status of SEPA 2007- 00115 In a memo to me dated 6/15/09,you let me know that you did not think that you should have to supply me with a new Environmental Checklist for SEPA 2007-00115 (which you did pay for), due to the MDNS issued for SEPA 2007-00094 which was issued on July 3, 2007 in association with GRD 2007-00010. I spoke with the Washington State Department of Ecology about this situation in 2009 and their comments was that in the absence of your cooperation,we can reuse the SEPA 2007- 00094 checklist, with whatever new conditions maybe necessary for SEPA 2007-000115. � In my opinion the geotechnical report for any future GRD permit needs to include the road improvements. Concerns about Broughton Hill Road In 2009 I had calls from two neighbors alerting me to a possible failure on Broughton Hill Road(on Lot 4). I looked at it in June 2009 and did see evidence of sloughing. The stability of this road will need to be certified before the short plat can be approved. Survey Requirements When I visited the site on 6/29/09, I didn't see any lot flagging let alone survey pins installed. Please have Mr. Ottmar contact me when he is ready to have me inspect his pins. On 7/14/09 I forwarded to Steve Ottmar a memo dated 7/9/09 from Fred Perryman of MCPW listing necessary changes to the plat map. A revised map has not yet been received from Mr. Ottmar. Building Envelopes Also,in light of the challenging topography of the site,I want to see surveyed in building envelopes on Lots 1 through 7, consistent with Appendix B of the Michael Staten geotechnical report and MCC 17.01.100.D.6. I want it to be clear to all concerned where the building setbacks are and that there is adequate room for both a home and the 30' Russet Ridge Rd easement on each of these lots. Please be aware that Section 17.01.100.D.6 of the Critical Areas Ordinance requires as 50' landslide hazard buffer for new construction(even with a engineer's recommendation to reduce the buffer), on lots vested after 12/6/96. Neighbor's Concerns On 8/4/09 the County received a letter of concern from neighbor Barbara Larrabee in regards to the site development work that would occur below her home in LLV. At this point I do not consider her concerns to have been fully addressed(re: GRD permit and geo-report). On 9/9/09 I received a letter with exhibits from neighbor Patricia Wilkinson McFarland. She is concerned that 1. she received her notice late,2.that her spring feed well might be de- watered, 3. the possibility of mudslides impacting here property, 4. her legal access to her well. She wanted the case put on hold until her issues were resolved. I requested more information from her regarding the location of a stream that she mentioned(that is not shown on other maps)as well as the location of her spring feed water system and a legal opinion from her attorney about her right of access. To date,I have not received a reply. If there is a legal spring feed well with an access easement on your short plat, it will need to be shown. In summery the review of this application has a long way to go before it could be approved. Probably the single most important aspect is the geo-technical issue. I can't move on the SEPA determination until the slope stability questions have been put to rest. This application can not be allowed to languish indefinitely. Per section 15.05.040.C,this application will automatically expire 180 days from today's date unless the above items are addressed. I can be reached at ext. 571 or by e-mail at mms(a(-)co.mason.wa.us if you have any follow up questions. Sincerely, n ^ Michael MacSems Subdivision Reviewer CC: Debbera Coker(Building Dept) Larry Waters (Fire Marshal's Office) Barbara Adkins(Planning Department) Stephanie Kenny(Public Health) Tom Moore(Utilities&Waste Management) Fred Perryman(Public Works) Tim Whitehead(Prosecutor's Office) Steve Ottmar(AES Consultants) Michael Wnek(Consulting Civil Engineer) Michael Staten(Envirotech Engineering) S�P60 °pon•, MASON COUNTY A Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 April 11, 2008 Jack Johnson PO Box 1119 Belfair, WA 98528 Subject: Grading Permits GRD2007-00010 and GRD2007-00015 Dear Mr. Johnson, I am following up on your letter of March 7, 2008. Sorry for the delay in getting back to you. First I would like to acknowledge that these permit applications have been with the County for review since April and June, respectively, of last year. It is never the Community Development Department's intent to delay permits. The time it takes to process permit applications depends partly on the time it takes to do necessary staff reviews, but it also depends on the time it takes for mandated processes such as SEPA and on the time it takes for the applicant to provide information when requested. When you read about permit review timelines,you need to note that the review clock is stopped when information is requested from applicants,during SEPA review, and at other times as well. The timelines were created with the recognition that projects involving these processes may take substantial time to complete for reasons beyond the control of the reviewers. Currently it appears that GRD2007-00010 is waiting for a response from you to the comments requested by the Public Works Department in March 2008 on a stormwater review. It also appears that GRD2007-00015 is waiting for submittal by you of a geological review requested by Planning in January 2008. While I do not know the details for your projects, it is clear that the Public Works Department,which has the responsibility for review of stormwater plans, has had the plans for some time. My understanding is that the Public Works Department has had issues with adequate staffing levels,which has prevented them from quickly completing project reviews. I do not know for sure if the long review time for your applications has been a result of this general condition or a result of particular complications in your H:\Correspondence\jackJohnsonresponse4-11-08.doc r t permits. I would respectfully suggest that you contact the Public Works Department regarding that question. In addition, because of the Public Works staffing issue, last year the Community Development Department started sending geological reviews to contract reviewers outside of Public Works in an effort to speed the permit process along. The Public Works Department had done the reviews since the geological review requirements were first established in 1993. While this now has expedited review turn-around times, some projects still take considerable time for other reasons. The Public Works Department has sent a few stormwater plans out for review recently to take advantage of the shorter tum-around time for this review portion of the project. You might consider requesting that the Public Works Department do this for your applications. The possible down-side of this is that the review might cost more. This was the case for the geological reviews,but I do not have information on that for stormwater plan reviews. I hope that this information is helpful. If you have any questions or need clarification, you may contact me in the Department of Community Development at(360)427-9670 Ext. 603, or Bob Fink at Ext. 366. Sincerely, Barbara Robinson,Director Community Development Department CC: Bob Fink,Planning Manager Charlie Butros,PW Director H:\Correspondence\jackJohnsonresponse4-11-08.doc +hSO, CO�NrA MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 f March 25, 2008 Jack Johnson Construction P.O. Box 1119 Belfair, WA 98528 RE: Geotechnical Report(GRD2007-00010) Dear Mr. Johnson: Enclosed is a copy of the County's review of the Geotechnical Report and Stormwater Plan that you submitted for your project near Sherwood Creek Road. Please submit a revised Geotechnical Report, Stormwater Plan, and plans (if needed) to the following address: Mason County Planning ATTN: Rebecca Hersha P.O. Box 279 Shelton, WA 98584 If you have any questions, please call the Project Engineer, Alan Berbisco, at (360) 427-9670, extension 461. Thank you. Sincerely, 71 Rebecca Hersha, Planner Mason County Department of Community Development cc: Geotechnical Testing Laboratory 1011 Blomberg Street SW Olympia WA RECEIVED JAN 2 2 2008 Jack Johnson Construction, Inc. MASON COUNTY PUBLIC WORKS P.O. Box 1119 Belfair, WA 98528 Phone: (360)275-5400 Fax:(360)275-6400 January 21,2008 Mason County Public Works John Sliva Programs Engineer P.O. Box 1850 Shelton,WA 98584 Re: Sherwood Creek Project/GRD2007-00010 & SPL2007-00017 John, Please find enclosed: ➢ The drainage report prepared by Mike Wnek along with all five pages in regards to the grading and stormwater rather than just the two pages dealing with grading and temporary erosion control. A copy of the SEPA and Mitigated Determination of Non-significance for SEP2007-00094. This was completed for the Grading Permit& Short Plat review as the previous was from, I believe, 2005 and reviewed only with the FPA and logging operations in mind. A copy of our NPDES permit coverage with DOE for the project site. John as I stated when we spoke last week our intention/hope would be to begin the earthwork for the temporary erosion facilities, roadway revisions, and utility extensions on or before April Is'as Spring weather permits. It is important to note that I still need to complete and implement a SWPPP for this site as part of our construction/development of this project site. I have the basic outline for this; however I find it preferable to tie the temporary erosion and final stormwater plans and construction phasing together where practicable. I know that the main hurdle with Planning on the short plat is the water adequacy for the establishment of nine new lots on wells. I have the water rights applications submitted with DOE for this and hopefully can have this remaining information submitted to Michael MacSems shortly. In the interim I'm sure that we would like to move forward as much as possible with the grading and stormwater reviews for this project. Please call or e-mail if you require additional information. Regards Thomas Sharp Jack Johnson Construction, Inc. (360)731-5425 tgs@wavecable.com