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DRV2019-00001 Removal of Moratorium Hearing - FPA Letters / Memos - 5/22/2019
BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts, Hearing Examiner 3 RE: PCI LLC 4 FINDINGS OF FACT,CONCLUSIONS 5 Removal of Moratorium OF LAW AND FINAL DECISION DRV 2019-00001 6 7 INTRODUCTION 8 The Applicant has applied for removal of the ten-year forest practices moratorium for 9 a 10 acre parcel of land near central Belfair. The removal is approved. 10 The application is a little unusual in that it has drawn opposition and interest from a 11 couple neighbors. The concerns of the neighbors appear to be primarily based upon future development impacts, which is largely beyond the scope of the lifting of a 12 forest practices moratorium. The future development and use of the property is governed by the County's zoning and other development regulations, which clearly 13 authorize the multi-family development contemplated for the property. The lifting of 14 a development moratorium has a much more limited focus, primarily aimed at preventing developers from using the Washington Department of Natural Resources 15 ("DNR") forest practices permitting system to circumvent the imposition of stricter development standards adopted by cities and counties to regulate development. The 16 lifting of a forest practices moratoria is not the time to determine whether a particular 17 area is suited for more growth—that is set by the policy choices made in the County's comprehensive plan and zoning code. The proposal meets the narrow criteria tailored 18 to address the policy concerns attached to lifting forest practices moratoria and for that reason must be approved. 19 ORAL TESTIMONY 20 Michael MacSems, Mason County Subdivision and Forest Practices Planner, 21 summarized the staff report. Mr. MacSems noted that he had visited the project site 22 and had determined that logging has likely not impacted critical areas. A geotechnical study for the site didn't identify any landslide hazard areas. Given the 23 presence of wetlands off-site, it is possible that wetlands may be present in the western portion of the site, which was not logged. The site will be assessed for the 24 presence of wetlands before any further logging or development will be permitted in the area of potential wetlands. Mr. MacSems explained that the policy behind the 25 moratorium is to prevent developers from trying to use the more lenient (from a development standpoint) forest practices permitting system to log property with the intent of development. Mr. MacSems explained that the DNR forest practices Forest Practice Moratorium Removal p. 1 Findings, Conclusions and Decision permitting system has a different focus because it is based upon the premise that I property use will be limited to forest practices. 2 Dean Mauerman, Applicant, clarified that the removal of the logging moratorium should have been done before approval of a recent rezone for the property and that 4 this was just an honest mistake on the part of the County. Ken Van Buskirk, neighbor, noted he had tried to submit Ex. 17 on May 9 but was 6 told to submit it at the hearing. He wanted consideration of the fact that the County Commissioners had voted to approve the rezone despite his testimony that approval 7 wasn't allowed while the moratorium was in place. He also noted he's done a lot of reforestation review in his line of work and that there's far more fire slash than 8 reforestation at the project site and that the timber left on the ground is a fire hazard. Page 3 of the staff report, addressing MMC 11.04, is inaccurate because it was the 9 County not the Applicant that violated the moratorium. The moratorium request should be denied and the County should reimburse the Applicant for the moratorium application. The County Commissioners knew about the moratorium and approved I I the rezone anyway. 12 Marta Tarpey, neighbor, testified that she objected to the noise and mess of construction occurring in her back yard. She noted that by 2024 she might be able to 13 find another place to live but it's not something she can do right now. 14 Mr. MacSems clarified that the moratorium should have been lifted before the rezone 15 and that the rezone increases the authorized residential density of the project site but doesn't change the authorized use, specifically multi-family. 16 17 Dean Mauerman noted it was his understanding that the Planning Director wasn't made aware of the rezone until after it occurred so it wasn't an intentional error. 18 When the property was purchased, Mr. Mauerman immediately visited all the neighbors to discuss the future of the site and there were no objections to 19 development at the time. The land use is not changing, it's just a density change. The rezone hearing had significant public attention and participation. 20 21 Joe Frawley, Applicant, noted that the appeal period for the rezone has expired and it can no longer be challenged. SEPA will provide an opportunity for public comment g g 22 on development of the project site. 23 EXHIBITS 24 25 Exhibit 1 was admitted as the County's May 22, 2019 staff report along with attachments 1-16 identified at page 7 of the staff report. In addition, during the May 22, 2019 hearing, an email from Ken Van Buskirk was admitted as att. 17 to the staff report along with the City's response to that email as att. 18. Forest Practice Moratorium Removal p.2 Findings, Conclusions and Decision 1 FINDINGS OF FACT 2 Procedural: 3 4 1. Applicant. The Applicant is PCI LLC, 1415 Collage Street SE Lacey, WA 98503 5 2. Hearing. A hearing was held on the application on May 22, 2019, at 1:00 6 p.m., in the Mason County Board of Commissioners Meeting Chambers. 7 Substantive: 8 3. Site/Proposal Description. The Applicant has applied for removal of a 9 ten-year forest practices moratorium for a 10 acre parcel of land. The parcel is located in the Belfair Urban Growth Area near central Belfair. 10 11 On May 10, 2014 DNR issued FPA 2416867 to then owner Robert E. Millard, which authorized the logging of the eastern 2/3rds of the 10-acre parcel (12328-23- 00011). 12 Because this parcel is located in an urban growth area, the standard development moratorium time frame was increased from six to ten years, which Mr. Millard 13 agreed to in writing (Exhibit 2). The development moratorium is a standard requirement for a Class II or III Forest Practices Application. County staff 14 determined that the logging did not violate any of the provisions of the Mason County 15 Resources Lands and Critical Areas Ordinance. The Applicant purchased the property in 2018. In March 2019, the Applicant applied for a release from the 10- 16 year development moratorium with the objective of developing the property with multi-family housing. 17 In reviewing the subject application, staff asked DNR for comment on compliance 18 with the conditions of FPA 2416867. In an e-mail response dated 4/12/2019, Jason 19 Sharp said that tree replanting was not a requirement of that permit and DNR had no objection to the moratorium release. (Exhibit 6). The DNR comments are consistent 20 with FPA 2416867, which by its express terms requires natural regeneration in lieu of any reforestation or replanting. 21 The proposed forest practices approved by DNR include thinning limited to 70%and 22 the retention of at least 8 seed trees per acre until 2020. See Ex. 2. There is no direct 23 evidence in the record establishing whether the Applicant (actually the Applicant's predecessor) has conformed to the proposed and approved forest practices for the 24 project site. However, the photographs in Ex. 8 and 1 I show a substantial number of trees retained in the logging area, including seed trees. Given the absence of any 25 evidence to the contrary, more likely than not based upon the administrative record it is determined that the Applicant has complied with the harvest plan proposed and approved by DNR for the project site. Forest Practice Moratorium Removal p.3 Findings,Conclusions and Decision 1 2 4. Characteristics of the Area. The land use in the vicinity is a mix of residential,commercial, and timber use. 3 5. Critical Areas. Critical areas will not be adversely affected by the 4 conversion. There are three critical areas that could be potentially affected by the proposal. The first is wetlands. Staff acknowledged that it's possible that there may 5 be wetlands on the parcel outside the logged area of the subject parcel. If and when 6 any development activity occurs near that area, the presence of wetlands will be assessed and protected as required by the City's critical areas ordinance. 7 Mr. Van Buskirk also referenced the presence of a critical aquifer recharge area ("CARA") at the project site. As noted in the staff report, the CARA extends into the 8 western portion of this parcel (west of Roy Boad Rd) (Exhibit 14). By ordinance (MCC 8.52.120.B) the CARA radiates 300' from what is shown on the map, which 9 extends about 150' into the logged portion of this parcel. Mr. Van Buskirk points out 10 that a dry cleaning shop is located on the CARA a quarter mile from the project site. The staff report notes that any future development would be served by municipal 11 water and sewer, so there is no relevance to the location of the dry cleaning shop to the extent it has been detailed by Mr. Van Buskirk. CARA regulations are not 12 particularly onerous and do not apply to the forest practices under review. Once 13 development does occur, CARA regulations may result in some required mitigation. Future compliance with CARA regulations adequately protects the public from harm 14 in the lifting of the development moratorium. The remaining critical area of concern is geologically hazardous areas. The site is 15 sloped well over 15%. For that reason, a geo-technical assessment was prepared by Mud Bay Engineering of Olympia, Washington for this site. As noted in the Geotech 16 report, the project site is not located within a mapped landslide hazard area, a marine 17 bluff area or an erosion hazard area. Further, the report's own analysis further confirms that the sloped area is not a landslide hazard area. The report concludes 18 that "the potential steep slope hazard is minimal throughout the property." The submittal checklist for the after-the-fact geological assessment prepared by Mud Bay 19 Engineering has been approved as complete by the Mason County Planning Department(Exhibit 12). 20 As noted in the staff report, Mr. Van Buskirk identified a potential stream leaving 21 the north side of the property and flowing into Irene Creek to the west. The buffer imposed by the County's critical areas ordinance on this stream would likely be 75 22 feet and the stream is located about 150 feet from the logged portion of the parcel. The stream identified by Mr. Van Buskirk is the only stream that the evidence shows 23 as on or near the project site. Given that the stream's separation from the logging area exceeds applicable buffer areas imposed by the County's critical areas ordinance, 24 the proposal will have no impacts on streams. 25 CONCLUSIONS OF LAW Procedural: Forest Practice Moratorium Removal p.4 Findings, Conclusions and Decision I 1. Authority of Hearing Examiner. MCC 11.04.130 provides the Hearing 2 Examiner with authority to act regarding removal of development moratoriums. Substantive: 4 2. Zoning_ Desi ng ation. Belfair Urban Growth Area - Multi-Family 5 Residential(R-10). 6 3. Approval of Rezone. Mr. Van Buskirk asserts that the application should be denied because the County Commissioners approved a rezone of the project site 7 prior to approval of the subject application. The timing of the rezone approval is not relevant to this proceeding. 8 Approval of the request to lift the moratorium is mandatory if the criteria for the 9 request is met. Those criteria are imposed by MMC 11.04.100(c). None of those criteria reference past development approvals. The timing of the rezone approval 10 cited by Mr. Van Buskirk is irrelevant to application of the criteria and hence is irrelevant to this proceeding. 11 Mason County staff and the Applicant acknowledge that the approval of the rezone prior to the lifting of the moratorium was in error. If this was indeed the case, 12 the time to remedy the error was by appealing the decision to approve the rezone. 13 Since the appeal period for the rezone has long expired,the validity of the rezone can no longer be questioned. The doctrine of finality provides that once the appeals 14 period for a land use decision such as a rezone subject to the Land Use Petition Act, Chapter 36.70C RCW ("LUPA") has expired, the decision can no longer be 15 collaterally attacked in another administrative or judicial proceeding. See Nykreim Chelan County v. Nykreim, 146 Wn.2d 904 (2002); Habitat Watch v. Skagit County, 16 155 Wn.2d 397 (2005). The courts have expressly ruled that even illegal decisions 17 must be challenged in a timely manner. Id,Habitat Watch. In Habitat Watch project opponents failed to timely appeal a special use permit, so they attempted to defeat the 18 project by challenging a grading permit on the basis that the special use permit was incorrectly issued. The Habitat Watch court concluded that"[b]ecause appeal of the 19 special use permit and its extensions are time barred under LUPA, Habitat Watch cannot collaterally attack them through its challenge to the grading permit." 155 20 Wn.2d at 411. 21 4. SEPA Claims. Mr. Van Buskirk alleges numerous errors in the County's SEPA 22 review. As identified in the County's MDNS for this proposal, Ex. 11, the County's SEPA determination is subject to a 14 day administrative appeal deadline per Chapter 23 15.11 MCC. Mr. Van Buskirk did not timely appeal the County's SEPA 24 determination. Consequently, for the reasons identified in the preceding conclusions of law, since the appeals period for the SEPA determination has expired, there is no 25 jurisdiction in this forum to consider any SEPA claims. 5. Review Criteria and Application. MCC 11.04.140 governs removal of development moratoriums and MCC 15.09.055 governs all hearing examiner criteria. Forest Practice Moratorium Removal p. 5 Findings, Conclusions and Decision Relevant criteria are quoted below in italics and applied via corresponding I conclusions of law. 2 Mason County Code 11.04.140(1): The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practices applications. 4 6. As noted in Finding of Fact No. 3, the Applicant bought this parcel from 5 Robert E, Millard in 2018 and is not the party who applied for FPA 2416867 and 6 signed the ten-year agreement to maintain this property for timber production. Consequently, from the evidence presented it is concluded that more likely than not 7 and from substantial evidence in the record the party seeking the release did not attempt to avoid the county review or restrictions of a conversion forest practices 8 application. 9 Mason County Code 11.04.140(2): 10 The harvest and reforestation of the property shall be completed as specified in the approved forest practices applicationlnotice. 11 7. As determined in Finding of Fact No. 3, no reforestation beyond natural 12 revegetation via seed trees was required by the forest practices permit. The proposed harvest plan approved by DNR, see Ex. 2, requires the retention of at least 8 seed 13 trees per acre until 2020. See Ex. 2, p. 33. Further, the Applicant also proposed to 14 limit harvesting to 70%thinning. As determined in Finding of Fact No. 3, harvesting in terms of tree retention has been completed as specified in the approved forest 15 practices permit. 16 Mason County Code 11.04.140(3): 17 There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration. 18 6. As determined in Finding of Fact No. 5,the proposal will not damage any 19 critical areas or shorelines. 20 Mason County Code 11.04.140(4): 21 The proposed development shall be consistent with the county plan and development regulations. 22 7. The Applicant states that he will develop the subject property with multi- 23 family housing. Multi-family housing is consistent with both the current zoning for the property and the zoning designation of the property prior to the last rezone. More 24 detailed consistency with the zoning code and other development standards will be 25 assured during future permit review. There is nothing in the record to suggest that the physical or other characteristics of the site would make it impractical to develop consistent with currently applicable development standards. Forest Practice Moratorium Removal p. 6 Findings, Conclusions and Decision Mason County Code 11.04.140(5): 1 Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. 2 Other mitigation shall be required to prevent significant adverse environmental impacts, pursuant to county Ordinance No. 55-97, the Environmental Policy 3 Ordinance. 4 8. As determined in Finding of Fact No. 5, there are no adverse impacts to critical areas or shorelines. The record does not contain much information on impacts 5 to stormwater. However, no impacts to stormwater can reasonably be anticipated 6 simply because the moratorium is lifted. As identified in the SEPA checklist, no changes will be made to drainage patterns as a result of the lifting of the moratorium 7 and there are no on-going conditions regarding stormwater control identified in the approved forest practices application that would be discontinued or disrupted by the 8 lifting of the moratorium. Any new disruption of the soils or development activity would be subject to the County's clearing and grading requirements as well as 9 stormwater requirements, which are comprehensively designed to address and fully 10 mitigate any adverse stormwater impacts created by development activity. 11 MISCELLANEOUS CRITERIA FOR ALL HEARING EXAMINER REVIEW 12 MCC 15.09.055(C): Required Review: The Hearing Examiner shall review 13 proposed development according to the following criteria: 14 1. The development does not conflict with the Comprehensive Plan and meets the requirements and intent of the Mason County Code, especially Title 6, 8, and 16. 15 2. Development does not impact the public health, safety and welfare and is 16 in the public interest. 17 3. Development does not lower the level of service of transportation andlor 18 neighborhood park facilities below the mininn+m standards established within the Comprehensive Plan. 19 9. As no development or division of land is proposed at this time, there is no 20 issue of compliance with Titles 6 or 16. County staff complied with Title 8 by their 21 issuance of a SEPA determination of nonsignificance. Level of service issues will be addressed during project review, including any necessary off-site improvements to 22 bring any proposed development in conformance with adopted level of service standards. The proposal is consistent with the comprehensive plan since it enables 23 development of property in an urban growth area, which is one of the major policy objectives of such areas. The proposal does not impact the public health, safety and 24 welfare, and it is in the public interest as it permits full beneficial use of real property 25 with no discernable significant adverse impacts. DECISION Forest Practice Moratorium Removal p. 7 Findings, Conclusions and Decision The ten-year forest practices development moratorium resulting from FPA 2416867 is 1 hereby released.. 2 Dated this 29th day of May, 2019. 4 Phi+ A. } hr-�""" --- 5 _ Mason County Hearing Examiner 6 7 8 APPEAL 9 The decision of the Hearing Examiner is final and may be appealed to superior court as outlined by the Washington State Land Use Petition Act, Chapter 36.70C RCW. 10 CHANGE IN VALUATION 11 Notice is given pursuant to RCW 36.7013.130 that property owners who are affected 12 by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. 13 14 15 16 17 18 19 20 21 22 23 24 25 Forest Practice Moratorium Removal p. 8 Findings,Conclusions and Decision STAFF REPORT May 22, 2019 TO: Mason County Hearings Examiner FROM: Mason County Department of Community Development STAFF: Michael MacSems, Subdivision&Forest Practices Planner RE: Removal of 10-year Development Moratorium(DRV 2019-00001) SUBJECT: Removal of 10-year forest practices moratorium from a 10-acre parcel of land. Pursuant to Mason County Ordinance 108-98, section 11.04.420. INTRODUCTION This report presents an evaluation and a recommendation for the removal of a 10-year development moratorium request. I recommend approval of this request for removal from the moratorium. This hearing was originally scheduled for May 8, 2019, but due to a delay in mailing out the Notice of Hearing to adjacent property owners (within 300'),the hearing had to be continued to May 22°d APPLICANT PCI LLC 1415 Collage Street SE Lacey, WA 98503 PROPERTY LOCATION SW 1/4,NW 1/4, Section 28, Township 23 North, Range 1 West, WM. Tax#: 12328-23-00011 AREA DESCRIPTION This project is located in a portion of Mason County zoned Belfair Urban Growth Area— Multi-Family Residential (R-10), near central Belfair. The land use in the vicinity is a mix of residential, commercial, and timber. PROJECT DESCRIPTION On May 10, 2014 the Washington State DNR issued FPA 2416867 to then owner Robert E. Millard, for a"70%Thin"on the eastern 2/3rds of this 10-acre parcel (12328-237 00011). Because this parcel is located in an urban growth area,the standard development moratorium time frame was increased from six to ten years, which the then owner agreed to in writing(Exhibit 2). The development moratorium is the normal condition of a Class H.My DocumentsM Hearings Ex FPA Release PCI LLC.docmms 1 II or III Forest Practices Application. The logging did not violate any of the provisions of the Mason County Resources Lands and Critical Areas Ordinance. In March 2019,the new owner of the property, PCI LLC applied for a release from the 10-year development moratorium in support of the long-term goal of creating multi-family residences on the site. EVALUATION The Mason County Forest Practices Moratorium Ordinance, MCC 11.04 (Exhibit 16) establishes a set of rules for either removing or waiving the standard six-year development moratoriums that have accompanied all Class III FPA permits since 1997. The same criterion applies to moratoriums that have been incurred as a result of an unpermited forest practices activity. These moratoriums prohibit the local jurisdictions from issuing any development permits on the subject property other than forestry related use. Standards for Approval: 1. The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practices application. 2. The harvest and reforestation of the property shall be completed as specified in the approved forest practice application/notice. 3. There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration. 4. The proposed development shall be consistent with the County's Comprehensive Plan and Development Regulations. 5. Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. Other mitigation shall be required to prevent significant adverse environmental impacts,pursuant to county Ordinance#55-97,the Environmental Policy Ordinance. Approval of this application is deemed to be in the public interests once positive findings have been made concerning all of the above conditions. Findings are as follows: 1. PCI LLC bought this parcel in from Robert E, Millard in 2018 and is not the party who applied for FPA 2416867 and signed the ten-year agreement to maintain this property for timber production. The party seeking the release did not attempt to avoid the county review or restrictions of a conversion forest practices application because they were not the applicant for FPA 2416867. H.•My Documen&SR Hearings Ex FPA Release PCI LLC.docmms 2 2. The DNR was contacted and asked to comment on compliance with the conditions of FPA 2416867. In an e-mail dated 4/12/2019, Jason Sharp said that tree replanting was not a requirement of that permit(relied in natural regeneration) and DNR had no objection to the moratorium release. (Exhibit 6). 3. There are no critical areas on, or immediately adjacent to this parcel. However,the site is sloped well over 15%. For that reason, a geo-technical assessment was prepared by Mud Bay Engineering of Olympia, Washington for this site. The engineer has established that the sloping site is not a landslide hazard area(LSHA). The submittal checklist for the after-the-fact geological assessment prepared by Mud Bay Engineering has been approved as complete by the Mason County Planning Department(Exhibit 12). 4. The proposed eventual development of this parcel into multi-family apartment buildings is consistent with the Mason County Comprehensive Plan and Development Regulations at this site. As an aside,this property was rezoned in November 2018 from R-5 to R-10. The timing of the rezone was a staff error, as it should not have happened prior to this moratorium release. However,multi-family development is allowed in both zoning districts(the difference is the density), so this proposed land use is consistent with both the current and previous zoning designations. . 5. No mitigation will be required for this application per the Mason County Resource Ordinance because there is no damage to mitigate. TITLE 15 COMPLIANCE As a Type III Review,this application is consistent with section 15.09.050.0 of Mason County Title 15. PUBLIC COMMENTS A SEPA Determination of Non-significance was issued on April 12, 2019, #2019-00012 (Exhibit 11). The SEPA comment period closed on April 26th. Three comment letters/e- mails were received on this application; Washington State Dept of Ecology: Exhibit 7A Washington State Dept of Natural Resources: Exhibit 7B Ken VanBuskirk: Exhibit 7C The public was given an opportunity to comment through the SEPA review and was also given the opportunity to comment through a public notice of this hearing (Mr. Van Buskirk's comments fit in both categories). As of this writing,no additional written comments have been received. VAN BUSKIRK COMMENTS In this section I will attempt to address Mr. Van Buskirk's comments: H-Uty DocumentslSR Hearings Ex FPA Release PCI LLC.docmms 3 1. The site sits over a Critical Aquifer Recharge Area(CARA). This statement is accurate. The mapped CARA extends into the western portion of this parcel (west of Roy Boad Rd) (Exhibit 14). By ordinance (MCC 8.52.120.13)the CARA radiates 300' from what is shown on the map,which extends about 150' into the logged portion of this parcel. This information was not addressed in the SEPA document. However, removing the development moratorium from this parcel will have no direct impact on the CARA. Future development(which is subject to review under SEPA)will have to be serviced by municipal water and sewer. In other portions of his comments, Mr. Van Buskirk returns to this topic of CARA impacts by referencing some dry cleaning and boat yard businesses that are located over or near this CARA. Those businesses are beyond the scope of this review. 2. Reports for this Site. A geological assessment (Exhibit 12)was prepared for this site by Mud Bay Geotechnical Services LLC,which did not find evidence of a landslide hazard area (LSHA)on, or near,this site. The applicant references a wetlands report that he has had commissioned,but thus far been reluctant to share. My determination that there was no wetland on, or proximate to,the area subject to the 10-year development moratorium, was based on my own observations,not on the applicant's report(which I have not seen). The location where Mr. Van Buskirk is concerned that wetland may exist is to the west of the existing Roy Boad Road,not the area that was logged. As for the Iris Group stormwater plan(Exhibit 13)that was submitted with this application by the applicant. It does not appear to be relevant to the moratorium release request. Stumps are still in place; the ground is not significantly disturbed from the logging and I could not see any evidence of erosion having occurred as a result of the 2014 harvest. 3. That the parcel is bisected by a narrow parcel owned by the United States Government. This comment is based on a misunderstanding by Mr. Van Buskirk. On the County's parcel map (Exhibit 14)a 60' wide strip labeled as tax parcel number 12328-23-60010 can be seen. This strip is the right-of-way to the old Roy Boad Rd (possibly known as Clifton Road). I have checked with Mason County Right-of-Way Manager Phil Franklin of Mason County Public Works and he says that he can not find a deed for this strip, which means that it is a right-of-way over the subject parcel (an easement) and not owned in fee by Mason County. As far as I can tell,this right-of-way is still controlled by Mason County,but is owned by the applicant(not Mason County, not the US Government). 4. Steep Slopes. Already addressed. 5. Stream Exits NW of Parcel. H.•My DocumentslSR Hearings Far FPA Release PCI LLC.docmms 4 Mr. Van Buskirk supplied a map (Exhibit 18)by CH2MHILL that shows a stream leaving the north line of the property and flowing into Irene Creek further west. This is interesting information which Staff was not aware of and should be looked into further for future phases of the development of this site. The buffer on such a stream would be 75' and the theoretical location of this stream is about 150' from the logged portion of this site. 6. Status of Parcel West of Roy Boad Road Mr. Van Buskirk states his belief that the portion of this site west of the existing Roy Boad Road is a forested wetland. He also notes that per FPA#2416867 (Exhibit 2) Wildlife Reserve Trees (WRTs) and Green Reserve Trees (GRTs)were designated in this area. I walked some of the area west of Roy Board Road but did not see the vegetation and hydrology that I would expect to see in a forested wetland. In either case,the area that Mr. Van Buskirk is concerned with was not logged and is not the subject of this moratorium release. 7. Additional Wildlife Mr. Van Buskirk feels that additional wildlife should have been listed in the SEPA checklist.Noted. Doubtful that salmon,beavers or bears would frequent the upper portion of this particular parcel. 8. Future Building Heights The Mason County Code might be amended to allow buildings has high as 50'.Not relevant to this application. 9. TPN 12328-00-60000 TPN 12328-00-6000 does not bisect this parcel. That TPN is associated with the US Navy Railroad right-of-way and is located about 1,500' to the north of this parcel. 10.Nearby MTA Park and Ride to be relocated. True. 11. Applicant did not date his signature on the SEPA application. True. Reason unknown. SEPA checklist was submitted on March 15, 2019. 12. SEPA Section D SEPA section"D"is for"Non-project applications. This moratorium release is considered a project application. H:My DocumentslSR Hearings Ex FPA Release PCI LLC.docmms 5 13. Insufficient stormwater services nearby. Not relevant to this application. 14. Forested wetlands west of Roy Boad Rd Already addressed. 15. Moratorium Release in UGA will Establish a Precedent This is the first moratorium release in the Belfair, but it is allowed per MCC 11.04, so I'm doubtful that this case creates a legal precedent. The parcel is zoned for multi-family development. 16. Ultimate multifamily development of this site will require more infrastructure. Agreed,but not relevant to current application. 17. Large Slash Piles on Site True, and these will have to be removed in accordance with the Mason County Code prior to site development. 18. That a condition of approval should be bi-weekly ground water monitoring for dry cleaner effluent. There is a monitoring well on this site (not owned by US Government), the purpose of which is unclear. Staff does not favor conditioning this approval. 19. Copy of e-mail from Julia Jackson was WSDNR to Mr. Van Buskirk. Mr. Van Buskirk asked that this e-mail be entered into the record. It appears that the DNR has been unable to provide Mr. Van Buskirk with records related to FPA 2416867 that he had requested. It appears that the requested records don't exist. 20. A Request to Compare SEPA 2019-00012 with SEPA 2018-00069. SEPA 2018-00069 was a non-project SEPA checklist for a rezone application. Staff did not review SEPA 2018-00069 as part of the review of this application. CONCLUSIONS The approval of this application for release from moratorium is consistent with the criteria necessary for release from a moratorium. In addition,the Department of Community Services has reviewed the materials made available to us and finds that this proposal is in keeping with the goals of the Mason County Comprehensive Plan. H.•My DocumentslSR Hearings Ex FPA Release PCI LLC.docmms 6 CHOICES OF ACTION 1. Grant approval of request for moratorium removal. 2. Deny request for moratorium removal. 3. Grant conditional approval of request for moratorium removal. 4. Postpone the decision for further information. LL'� t S / 1 /19 Michael MacSems Date EXHIBITS Exhibit l: Application for Moratorium Release Exhibit 2: Copy of FPA 2416867 Exhibit 3: Parcel Map of Subject Parcel �X � � � 5�•..6'f 62aSipunse_ Exhibit 4: Notice of Application Exhibit 5:Notice of Hearing Exhibit 6: E-mail from DNR dated 4/12/2019 Exhibit 7A: WSDOE SEPA comments Exhibit 7B: WSDNR SEPA comments Exhibit 7C: Ken Van Buskirk SEPA comments Exhibit 8: Affidavit of Mailing of Public Notice Exhibit 9: Affidavit of Posting Notice Exhibit 10: List of roe owners within 300 feet property rh' � Exhibit 11: SEPA Checklist Exhibit 12: Geological assessment by Mud Bay Geotechnical Services Exhibit 13: Iris Group Stormwater Plan Exhibit 14: Additional Photos and Maps Exhibit 15:Notice of Public Hearing,Mason County Journal,April 18,2019 Exhibit 16: MCC 11.04 H:Wy DocumentASR Hearings Ex FPA Release PCI LLC.docmms i lrxl.��bi 1 p J 00 (Tm) YfA�2J1q-00001 MA SON COUNTY DEPARTMENT OF COMMUNITY SERVICES Mason County Bldg.8,615 W.Alder Street, Shelton,98584 (360)427-9670 Belfair(360)275-4467 Elma(360)482-5269 Www.co.mason.wa.us FOREST MORATORIUM WAIVER/RELEASE APPLICATION This application is to be used to waiver a portion of a parcel for development permits or to release the entire tract from the six year moratorium for development permits.This process was created under the guidance of RCW 76.09.060.This application needs to be filled out completely,so that we have all the information to process this in an expedient manner. Which are you requesting from the Moratorium? ❑Waiver ®Release Applicant's Name: -P G Z LL ��rro.1E+N >Operator's Name: MAUgft.Mft Applicant's Address: 1y IS cou-E.Ge- `sue - SE Operator's Address: LAce-y, wA 9 Ss0S Applicant's E-mail: Applicant's Phone number: 366—A2o--o^% I Effected Parcel Number: pO(!)j k Parcel size(in acres): 10.0 Identify what type of timber was removed,ie:Douglas Fir,Western Red Cedar,Alder,Maple,etc: 6,xKGLAS FS(� Was the timber harvest done under an approved forest practice application: ©Yes ❑No Was there an enforcement action taken by the Department of Natural Resources(DNR): ❑Yes X No Forest Practice Application Number: 2A 16 967 Forest Practice Application date of approval: What is your intention to do with the effected parcel: lZ-ELVVSE AAA-&-rop-ioA& -T-D SUPR7RT 1APLE11— (ZEFOS E. Have you attached a site plan to show the area of the requested waiver or release: Z Yes No Are there any critical areas on your site?ie:wetlands,streams,creeks,steep slopes,etc.: ❑Yes ®No If yes,identify the type of critical area(s): Q/A Please list conditions of approvals by DNR for your forest practice application: 0 E. N � Were any of the buffer areas effected by the timber harvest?: ❑Yes 2]No Identify if you harvested any timber in the critical areas on your site: ❑Yes ®No Did you replant per DNR standards: 0 Yes ❑No r DECLARANTS Print Name Signature STATE OF WASHINGTON ) I,the undersigned Notary Public, in and for the juris- :SS diction aforesaid, do hereby certify that COUNTY of MUM > l�.ea�, Sco E� y�ncw.Q.P.v�,a,vt_ SEAL: �����►uui��i��� 1�"`�4P��ZMENrF ys'�' whose name(s) is(are) signed to the Declaration of rn:` 0.0 in: Parcel Combination, appeared before me and personally acknowledged the same. rW ASN`����`�� GIVEN under my hand and seal this I day of 20 ,w A (signature) My commission expires: 2/29/Z/ fxjP) z `For DNR Region Office.Use only, , WASHINGTON STATE DEPARTMENTOF Natural Res_Qulmes Region: �S Received Date: -I�•t�U Forest Practices Application/Notification Western Washington PLEASE USE THE INSTRUCTIONS TO COMPLETE THIS APPLICATION. TYPE OR PRINT IN INK. 1. Landowner,Timber Owner,and Operator Legal Name of LANDOWNER Legal Name of TIMBEROWNER Legal Name of OPERATOR (if different than Landowner) (if different than Landowner/Timberowner) Robert Edward Millard Western Timber,Inc. Mailing Address: Mailing Address: Mailing Address: 2135 Lincoln Ave.SE PO Box 654 City,State,Zip City,State,Zip City,State,Zip Port Orchard,WA 98360 Port Orchard,WA 98366 Phone ( 360 )731-6381 Phone ( ) Phone ( 360 )769-0639 Email: Email: Email:westernfmber@outlook.com 2. Contact person Contact Person: Phone (360 )769-0639 Jeff Berry Email:westerntimber@outlook.com NOTE:You are required to verify Type Np,and Ns water types within 200 feet of your proposed forest practices activities prior to submitting a Forest Practices Application/Notification.Use the Additional Information section,additional pages,the Water Type Classification Worksheet,and/or a Water Type Modification form to explain how you verified water types.See Water Typing Requirements in the instructions. 3. Landownership information:See instructions a. 'No ''x Yes Are you a small forest landowner per RCW 76.09.450? If yes,Go to b. b. No ❑x Yes Is your entire proposed harvest area on a single contiguous ownership consisting of one or more parcel 4. If you are harvesting timber,enter the Forest Tax Reporting Account Number of the Timber Owner:6boorll41 3 For tax reporting information or to receive a tax number,call the Department of Revenue at 1-800-548-8829. 5. Are you substituting prescriptions from an approved state or federal conservation agreement or watershed analysis? ❑x No ❑Yes Write"HCP"or"Using Prescriptions"in tables that apply.Attach or reference on file prescriptions and/orcrosswalks. 6. What is the legal descri tion of your forest practice? (quarter quarter) Section I Township Range EMl Tax Parcel Number County SW 1/4 NW 1/4 28 23N 1 W 12328-23-00011 Mason QQ 46W 12/30/13 Page 1 of 6 Western Washington 7. Is the taxpayer eligible for the EARR Tax Credit? X No Yes 8. Have you reviewed this forest practices activity area to determine whether it may involve historic sites and/or Native American cultural resources?Read the instructions before answering this question. X No Yes 9. Do you have a DNR approved Road Maintenance and Abandonment Plan(RMAP)? a. ❑X No ❑Yes List the RMAP number: If no,go to b. b. X❑No ❑Yes Is a Checklist RMAP required?(see instructions) 10. Is this forest practice application/notification:(Answer every question) a. ❑No ❑X Yes Within city limits or inside an urban growth area?IF YES SEE INSTRUCTIONS FOR ADDITIONAL REQUIRED DOCUMENTS. b. ❑x No ❑Yes For road work that is included in an approved Road Maintenance and Abandonment Plan(RMAP)? c. ❑X No ❑Yes Within a public park?If Yes,include SEPA Environmental Checklist or SEPA Determination-except for harvesting/salvaging less than 5,000 board feet within a developed public park. d. ❑X No ❑Yes Within 500 feet of a public park? Park name: e. ❑x No ❑Yes In an approved Conversion Option Harvest Plan(COHP)from the local government? If yes,include a copy. f. ®No ❑Yes Within 200'of the Ordinary High Water Mark(OHW M)or floodway of Type S water? If yes,check with the county or city to determine whether a substantial development permit is required under the local shorelines master plan. g. ❑X No ❑Yes A request for a multi-year permit? If yes, length requested: ❑4 years or ❑5 years. Not everyone qualifies for a multi-year permit.See instructions for details. h. ❑X No ❑Yes An Alternate Plan? If yes,include a copy. I. ❑X No ❑Yes Within 50 miles of saltwater and do you own more than 500 acres of forest land in Washington State? If Yes-include the"Marbled Murrelet Form"or attach/reference HCP prescriptions. -not working in or over typed waters, skip to number 15"************************** Prior to answering questions#11-14 in this section please refer to the Forest Practices Application Instructions and Forest Practices Board Manual Section 5. 11. Are you operating in or over typed water(s)? X❑No ❑Yes If yes,answer questions a, band c below for all projects NOT permitted by current HPAs from WDFW. If no,skip to question 15. a.❑No ❑Yes Installing, replacing or repairing a culvert at or below the bankfull width of Type S or F Water(s) that exceeds a five percent gradient? b.❑No ❑Yes Constructing, replacing,or repairing a bridge at or below the bankfull width of unconfined Type S or F water(s)? c. ❑No ❑Yes Placing fill material within the 100-year flood level of unconfined Type S or F water(s)? 12. Have you consulted with WDFW about the proposed hydraulic project(s)? [:]No ❑Yes Consultation with WDFW and DNR prior to submitting an FPA with a hydraulic project in Type S or F Water is highly recommended. QQ 46W 12/30/13 Page 2 of 6 Western Washington 16. If depositing spoils and/or expanding or developing a rock pit for forestry use,complete the table below.Show locations and identifiers on your Activity Ma . Amount of Spoils Rock Pit Identifier Spoil Area Identifier it (name, number,or Acres of New Rock Pit Acres of Existing Rock Depos (letter, number) cubic it ds letter Developed Pit Expanded 17. If operating in or within 200 feet of a wetland,complete the table below.Show the boundaries of each wetland, along with its identifier,and WMZ on your Activity Map.See instructions for information. Wetland Wetland Planned Total Identifier Type Planned Activities Activities in How many acres How many acres (number, (A, B,or in Wetland Maximum Width Wetland are you draining? are you filling? letter) Forested) WMZ Area(acres) **************************If not harvesting or salvaging timber, skip to number 26*"'***************** 18. If harvesting or salvaging timber,complete the table below.Show all harvest areas and unit numbers on your Activity Map. For even age harvest units also show surroundings nd information on our Activity Map. Harvest Method Harvest Type a 4) .0 a) co m o 0 o a� Z (Rubber Tired Skidder, 21. E (Even-aged, = z Tracked Skidder, Dozer, 0 y 2 .0 .2 o ° 0 Z Uneven-aged, � Shovel, Full Suspension 2 Z E ; E ? E h N g m — Cable, Lead-end Suspension M 3 a) 3 m m � o a� c Salvage, E ¢ = o Z o r E o_� a, 2 o Cable, Helicopter,Animal, > m > o > m m Right-of-Way) m Chipper-forwarder, Slash = in = Bundler 1 Uneven N RTS,TS,Shovel 10 50 70 30 19. Reforestation.Check the appropriate box(es). []Planting.Tree Species: ❑x Natural.Include a Natural Regeneration Plan Not required because of one or more of the following: ❑1 am converting some or all of this land to non-forest land in the next 3 years or lands are exempted under WAC 222-34-050. ❑ Individual dead,dying,down,or windthrown trees will be salvaged. ❑Trees are removed under a thinning program reasonably expected to maximize the long-term productivity of commercial timber. ❑ I am leaving at least 100 vigorous, undamaged,and well-distributed saplings or merchantable trees per acre. ❑An average of 190 tree seedlings per acre are established on the harvest area and my harvest will not damage it. ❑Road right-of-way or rock pit development harvest only. *************If you own MORE than 80 forested acres in Washington,skip to number 24.*********** 20. Are you using the exempt 20-acre parcel riparian management zone(RMZ)rule on type S,F,or Np waters? ❑x No If no,continue to number 24. ❑ Yes If yes,continue to number 21. See instructions for qualifications and information. QQ 46W 12/30/13 Page 4 of 6 Western Washington 'i7X:jj z 16. If depositing spoils and/or expanding or developing a rock pit for forestry use,complete the table below.Show locations and identifiers on your Activity Ma . Amount of Spoils Rock Pit Identifier Spoil Area Identifier it (name,number,or Acres of New Rock Pit Acres of Existing Rock Depos (letter, number) cubic it ds letter Developed Pit Expanded 17. If operating in or within 200 feet of a wetland,complete the table below.Show the boundaries of each wetland, along with its identifier,and WMZ on your Activity Map.See instructions for information. Wetland Wetland Planned Total Identifier Type Planned Activities Activities in How many acres How many acres (number, (A,8,or in Wetland Maximum Width Wetland are you draining? are you filling? letter) Forested) WMZ Area(acres) I not harvesting or salvaging timber, skip to number 26.********************* 18. If harvesting or salvaging timber,complete the table below.Show all harvest areas and unit numbers on your ActivityMap. For even a ed harvest units also show surroundin stand information on your Activity Map. Harvest Method �, c Harvest Type Z (Rubber Tired Skidder, o .0 v .0 a cc a; o � Oa c O o = E (Even-aged, = Z Tracked Skidder, Dozer, o �, �, o c a� a� a� a� a� a� - Z u, Shovel,Full Suspension N y N Uneven-aged, Z E h E Z h E y N �, CO)v v Cable,Lead-end Suspension m a� m m 2 m c o — — Z o Salvage, m Q 2 g o Cable, Helicopter,Animal, ¢ = j j= o j Right-of-Way) m Chipper-forwarder, Slash Bundler 1 Uneven N RTS,TS,Shovel 10 50 70 30 19. Reforestation.Check the appropriate boz es .( ) ❑Planting.Tree Species: NNatural.Include a Natural Regeneration Plan Not required because of one or more of the following: ❑1 am converting some or all of this land to non-forest land in the next 3 years or lands are exempted under WAC 222-34-050. ❑Individual dead,dying,down,or windthrown trees will be salvaged. ❑Trees are removed under a thinning program reasonably expected to maximize the long-term productivity of commercial timber. ❑I am leaving at least 100 vigorous, undamaged,and well-distributed saplings or merchantable trees per acre. ❑An average of 190 tree seedlings per acre are established on the harvest area and my harvest will not damage it. ❑Road right-of-way or rock pit development harvest only. *************If you own MORE than 80 forested acres in Washington, skip to number 24*********** 20. Are you using the exempt 20-acre parcel riparian management zone(RMZ)rule on type S,F,or Np waters? ❑x No If no,continue to number 24. ❑ Yes If yes,continue to number 21.See instructions for qualifications and information. QQ 46W 12/30/13 Page 4 of 6 Western Washington 13. If installing, replacing or removing structures in any typed water,complete the table below.Type S and F Waters require detailed plan information. Provide plan details in question 28 or attach plan to the FPA/N. Provide crossing locations and identifiers on your Activity Map.(A detailed plan with profiles may also be required for more complex hydraulic projects in Type N Waters per WAC 222-24-042 2 . Design L o Method '� Z p- v c d c - CD Water = �, ° M Planned Structure (No-slope, v o o 'o Z `o Crossing Type rn 2 Proposed Stream-sim, m ` W m rn a Identifier yp E 'a 'a .n Activity (culvert, Size �' 0 a a � a � a x (install, bridge, Hydraulic, = c ¢ a (letter or (S,F, x z m V ca (dimensions m E m u_ number) NPU.w = a replace, ford, Other) c 2 a p of structure) s Ns) m remove) puncheon) (F and Sv only) 'Existing HPAs issued by WDFW will be complied and enforced by WDFW until expiration. Plan details are not required for hydraulic projects permitted with an existing HPA(see instructions). 14. If planning any other work in or over typed water,or planning maintenance on an existing structure(s)in or over typed water,complete the table below. Provide crossing/project locations and identifiers on your Activity Map.If you are plannin a project not included in the Activity list,describe it in detail in Question 28. Identifier Water 'Existing HPA Planned ActivityMaintenance Type HPA expiration (equipment crossing,beaver dam removal, LWD Structure (letter, placement, LWD removal,cable yarding, (culvert, bridge, (S,F, number if date if number) suspending cables,structure maintenance, Np,Ns) applicable applicable other) ford) `Existing HPAs issued by WDFW will be complied and enforced by WDFW until expiration. Plan details are not required for hydraulic projects permitted with an existing HPA(see instructions). 15. If constructing or abandoning forest roads complete the table below. Show the road locations and identifiers on our Activity Map. Include abandonment plans for tempo ry roads and abandonment projects. Road Construction Road Abandonment Road Identifier(name, Steepest number) Length(feet) Side-slope Length(feet) Abandonment Date (%) QQ 46W 12/30/13 Page 3of6 Western Washington 21. Choose the answer below that best fits your situation. Show all RMZs on your Activity Map. ❑a.ALL of the following apply to me and my land: (If no, answer b on the following page) -Between June 5,2006 and today's date I have always owned less than 80 acres of forestland in Washington. -Between June 5,2006 and today's date this parcel has always been 20 acres or less of contiguous ownership. -Between June 5,2006 and today's date this parcel has always been owned by me or someone else that has owned less than 80 acres of forestland in Washington. b.ONE OR MORE of the following apply to me and/or my land(check all that apply): ❑I currently own more than 80 acres of forestland in Washington. ❑ Between June 5,2006 and today's date I have owned more than 80 acres of forestland in Washington. ❑Between June 5,2006 and today's date this parcel has been more than 20 acres of contiguous ownership. ❑ Between June 5,2006 and today's date this parcel has been owned by someone that has owned more than 80 forested acres in Washington. 22. If harvesting within 115 feet of a Type S or F Water on an exempt 20-acre parcel complete the table below. Show RMZs and stream segment identifiers on your Activity Map.(Include stream shade analysis calculation if you are harvesting within 75 feet or the maximum RMZ,whichever is LESS). Are you harvesting Stream Segment Water Type Segment Length Bankfull Width Maximum RMZ within the Identifier(letter) (S, F) (feet) (feet) Width(feet) maximum RMZ? (YorN) 23. Are you harvesting within 29 feet of a Type Np water on a 20 acre exempt parcel? ❑No Continue to number 26. ❑Yes See instructions and describe leave tree strategy in number 28. Then continue to number 26. 24. If harvesting within 200 feet of any of Type S or F waters,complete the table below. Include DFC for all inner zone harvests unless you have an HCP prescription. Show RMZs,CMZs,and stream segment identifiers on your Activity Map. (Include stream shade analysis calculation if you are harvesting within 75 feet of S or F waters). Stream RMZ Segment Water Type Site Class Stream Is there a Harvest DFC Run Total width of Identifier (S or F) (I-V) Width(feet) CMZ? Code(s) Number RMZ (letter) (Y/N) (see (feet) instructions) 25. If harvesting within 50 feet of Type Np water,complete the table below. Show RMZs and stream segment identifiers on your Activity Ma P. Stream Total Stream Length of No-Harvest, Stream Total Stream Length of No-Harvest, Segment Length in 50-foot Buffers in Segment Length in 50-foot Buffers in Identifier Harvest Unit Harvest Unit Identifier Harvest Unit Harvest Unit letter feet feet letter feet feet QQ 46W 12/30/13 Page 5 of 6 Western Washington 21. Choose the answer below that best fits your situation. Show all RMZs on your Activity Map. ❑a.ALL of the following apply to me and my land: (If no,answer b on the following page) -Between June 5,2006 and today's date I have always owned less than 80 acres of forestland in Washington. -Between June 5,2006 and today's date this parcel has always been 20 acres or less of contiguous ownership. -Between June 5,2006 and today's date this parcel has always been owned by me or someone else that has owned less than 80 acres of forestland in Washington. b.ONE OR MORE of the following apply to me and/or my land(check all that apply): ❑I currently own more than 80 acres of forestland in Washington. ❑Between June 5,2006 and today's date I have owned more than 80 acres of forestland in Washington. ❑Between June 5,2006 and today's date this parcel has been more than 20 acres of contiguous ownership. ❑Between June 5,2006 and today's date this parcel has been owned by someone that has owned more than 80 forested acres in Washington. 22. If harvesting within 115 feet of a Type S or F Water on an exempt 20-acre parcel complete the table below. Show RMZs and stream segment identifiers on your Activity Map.(Include stream shade analysis calculation if you are harvesting within 75 feet or the maximum RMZ,whichever is LESS). Are you harvesting Stream Segment Water Type Segment Length Bankfull Width Maximum RMZ within the Identifier(letter) (S, F) (feet) (feet) Width(feet) maximum RMZ? (Y or N) 23. Are you harvesting within 29 feet of a Type Np water on a 20 acre exempt parcel? ❑No Continue to number 26. ❑Yes See instructions and describe leave tree strategy in number28. Then continue to number26. 24. If harvesting within 200 feet of any of Type S or F waters,complete the table below. Include DFC for all inner zone harvests unless you have an HCP prescription. Show RMZs,CMZs,and stream segment identifiers on your Activity Map. f Include stream shade analysis calculation if you are harvesting within 75 feet of S or F waters) Stream RMZ Segment Water Type Site Class Stream Is there a Harvest DFC Run Total width of Identifier (S or F) (I-V) Width(feet) (Y/N) (see CMZ? Code(s) Number RMZ (feet) (letter) instructions) 25. If harvesting within 50 feet of Type Np water,complete the table below. Show RMZs and stream segment identifiers on your Activity Ma P. Stream Total Stream Length of No-Harvest, Stream Total Stream Length of No-Harvest, Segment Length in 50-foot Buffers in Segment Length in 50-foot Buffers in Identifier Harvest Unit Harvest Unit Identifier Harvest Unit Harvest Unit letter feet feet letter feet feet QQ 46W 12/30/13 Page 5 of 6 Western Washington tX rP 1/1 13 26. How are the following marked on the ground?(Flagging,paint, road, fence,etc) Harvest Boundaries: Road,Timber type, Fence,pink flagging Clumped Wildlife Reserve Trees/Green Recruitment Trees: Orange Right-of-way limits/road centerlines: N/A Stream Crossing Work: N/A Riparian Management Zone Boundaries and Leave/Take Trees: N/A Channel Migration Zone: N/A Wetland Management Zone Boundaries and Leaverrake Trees: N/A 27. Are you converting the land to non-forestry use within 3 years of harvest? x No ]Yes If yes, include your SEPA Determination and/or SEPA checklist. 28. Additional Information(attach additional pages if necessary): For hydraulic projects in or over F or S water(s)see instructions for required plan information. 29. We acknowledge the following: • The information on this application/notification is true. We understand this proposed forest practice is subject to: o The Forest Practices Act and Rules AND o All other federal,state or local regulations. • Compliance with the Forest Practices Act and Rules does not ensure compliance with the Endangered Species Act or other federal,state or local laws. If we said that we would not convert the land to non-forestry use,the county or city may deny development permits on this parcel for the next 6 years. • The following may result in an unauthorized incidental take of certain endangered or threatened fish species: o Conversion of land to non-forestry use. o Harvesting within the maximum RMZ on a 20-acre exempt parcel that was acquired after June 5, 2006. o Equipment Crossings/Fords over Type S and F Waters. Signature of LANDOWNER" Signature of TIMBER OWNER Signature of OPERATOR (If different than landowner) (If different than landowner) Print Name:Robert Edward Millard Print Name: Pri e:Jeff B rry Date: 3-,2— X- P-61Y 1 Date: Date: "NOTE: If you area"Perpetual Timber Rights Owner,"and are submitting this without the Landowner's Signature,provide written evidence the landowner has been notified. QQ 46W 12/30/13 Page 6 of 6 Western Washington WASHINGTON STATE DEPARTMEN'TOF For DNR Region Office Use Only Natural Resoumes � FPAJN#:Forest Practices Application/Notification ReNatural Regeneration Plan Received D 1.�•�`. �(�� Western Washington If you use this form, include a map showing the locations of your seed source. Landowner Name: Robert Edward Millard The landowner is responsible for meeting Forest Practices reforestation requirements. Legal Description: A portion of the SW'/.of the NW'/.of Section 28 Township 23N, Range 1 West W.M. Harvest is scheduled to occur(month/year): April 2014 Check one of the following: ❑The landowner proposes an alternate plan(WAC 222-34-010(6)for natural reforestation as attached. OR ■!The landowner agrees to follow all the requirements listed below(WAC 222-34-010(5)). • There is a seed source available that is capable of producing well-formed trees of a commercial tree species. The landowner will not harvest this seed source until 2020,or earlier if DNR issues a reforestation inspection report. The seed source: o Is shown on an attached map o Is marked on the ground o Is at least 8 seed trees per acre o Is within 400 feet of areas requiring reforestation The regeneration will be protected from competing vegetation and allowed to establish,grow,and survive. See Activity Map for clumped seed source and remaining seed source to be scattered throughout the harvest area. (For use with FPA/N dated 12-30-13) 33 of 36 Western Washington 4 WASHINGTON STATE MARTMENTOF For DNR ReglOn.Office USe Only Natural Resources r FPA/N#: Forest Practices Application/Notification Region: Natural Regeneration Plan Received Date: I,�•I`. �►o� Western Washington If you use this form, include a map showing the locations of your seed source. Landowner Name: Robert Edward Millard The landowner is responsible for meeting Forest Practices reforestation requirements. Legal Description: A portion of the SW'/.of the NW%of Section 28 Township 23N, Range 1 West W.M. Harvest is scheduled to occur(month/year): April 2014 Check one of the following: ❑The landowner proposes an alternate plan(WAC 222-34-010(6)for natural reforestation as attached. OR tThe landowner agrees to follow all the requirements listed below(WAC 222-34-010(5)). • There is a seed source available that is capable of producing well-formed trees of a commercial tree species. The landowner will not harvest this seed source until 2020,or earlier if DNR issues a reforestation inspection report. The seed source: o Is shown on an attached map o Is marked on the ground o Is at least 8 seed trees per acre o Is within 400 feet of areas requiring reforestation • The regeneration will be protected from competing vegetation and allowed to establish,grow, and survive. See Activity Map for clumped seed source and remaining seed source to be scattered throughout the harvest area. (For use with FPA/N dated 12-30-13) 33 of 36 Western Washington Qq /i_3 w FPA NBR a�fQ��e1 (FOR DNR USE) TEN YEAR FOREST MANAGEMENT PLAN FOR PROPERY LOCATED WITHIN AN URBAN GROWTH AREA City or County Parcel(s)located in: Mason Tax Parcel Number(s): 12328-23-00011 Landowner's Name and Address: Robert Edward Millard (360)731-6381 2135 Lincoln Ave SE Phone Number Port Orchard, WA 98366 ELEMENTS OF PLAN Landowner's Forest Management Goals:- Realize economic return from mature,best formed timber and retain co-dominant timber for Aesthetic yalne,-mil stabolizatinn anti -geed cnurce for reforestation Type of Harvest: (clean cut,thinning with percent of removal,or salvage of dead,down and dying trees) Thinning 7o Type of reforestation(if harvest does not result in well-spaced residual trees capable of fulfilling utilizing the growing capacity of the site.) [] Plant: Species Seedlings/Acre Month and Year of Planting [X] Natural Reforestation: 10 10 Acres Number of Seed Trees/Acre Size of Seed Block Located on Site* [] Time of reforestation checks: 4/16 4/18 Month and Year Month and Year [] Time of Competing vegetation checks within the first five years. 4/15 4/17 4/19 Month and Year Month and Year Month and Year [X] Proposed Methods of Controlling Competing Vegetation: (mechanical, chemical): l LANDOWNER'S STATEMENT TO MAINTAIN LANDS WITHIN A URBAN GROWTH AREA AS A PRODUCT FOREST LANDS FOR A TEN-YEAR PERIOD FROM THE DATE OF APPROVAL OF THE LANDOWNERS' FOREST PRACTICE APPLICATION/NOTIFICATION FPA NBR: MOW tr W i (FOR DNR USE) I Mason County Name of city or county 12328-23-00011 Tax Parcel Number(s) Robert Edward Millard Landowner's name(PRINT) I am the legal owner of the above listed parcel(s)and by way of this statement, I am opting out of the requirements of a Class IV-General Forest Practice Application within an urban growth area. I assure the local government and the State of Washington,that by opting out, I intend NOT TO CONVERT TO A USE OTHER THAN COMMERCIAL FOREST PRODUCT OPERATIONS FOR A TEN YEAR PERIOD from the date of approval of the application or notification for the parcel(s)listed above; and I will manage the forest land in accordance with that accompanying forest management plan. 9V,06��5 Landowner's Signature City/County Verification of Parcel Number(s) Signature and date of city/county verification Date A 3 LANDOWNER'S STATEMENT TO MAINTAIN LANDS WITHIN A URBAN GROWTH AREA AS A PRODUCT FOREST LANDS FOR A TEN-YEAR PERIOD FROM THE DATE OF APPROVAL OF THE LANDOWNERS'FOREST PRACTICE APPLICATIONINOTIFICATION 1 FPA NBR; 1160 (FOR DNR USE) Mason County Name of city or county t 12328-23-00011 Tax Parcel Number(s) j Robert Edward Millard j Landowner's name(PRINT) i I am the legal owner of the above listed parcel(s)and by way of this statement,I am opting out of the requirements of a Class IV-General Forest Practice Application within an urban growth area. I assure the local government and the State of Washington,that by opting out, l intend NOT TO CONVERT TO A USE OTHER THAN COMMERCIAL FOREST PRODUCT OPERATIONS FOR A TEN YEAR PERIOD from the date of approval of the application or notification for the parceI(s)listed above; and I will manage the forest land in accordance with that accompanying forest management plan. Landowner's Signature City/County Verification of Parcel Number(s) "� K Signature and date of city/county erification If Date This signature only verifies that the tax number, owner's name and acreage match County Assessor's records. i Map Output Page 1 of 1 FOREST PRACTICE ACTIVITY MAP TOWNSHIP 23 NORTH HALF 0, RANGE I 11 WEST(W.M.) HALF 0, SECTION 28 Application#: A41�' i 20 F +4 21 U • 1708740 �� -iSlrr.- r• � � t fs � • 7 0• ' • t3 1708628 0872 / 17 2+ 27 1 • i i + 2 +708608 :, t7 0 708 + I - xf 32 l r 93 3 Please use the legend from the FPA Instruction or provide a list of symbols used. .. r v �1cr 5� &krd•r/ Thursday,March 27,2014 3:50:27 PM ��C�sti►+, (LU NAD83 �T5 Contour Interval:40 Feet La r,k r^1 http://fortress.wa.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=fparsactbw&Client... 3/27/2014 `G'w d' 11 /) 3 Map Output Page 1 of 1 FOREST PRACTICE ACTIVITY MAP TOWNSHIP 23 NORTH HALF 0, RANGE 1 WEST(W.M.) HALF 0, SECTION 28 Application#: 20 T1 --U 1708740 -- t • fu v • f 7 ti f $ +708028 0872 r 17 22 • 27 • 1 • y r aN J t 2 1708808 ', 17 0 708 2E ._,fig • •1 • I • _ f 32 J 33 9 Please use the legend from the FPAn Instruction or provide a list of symbols used. Thursday,March 27,2014 3:50:27 PM av NAD 83 G Ts Contour Interval:40 Feet La►u: http://fortress.wa.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=fparsactbw&Client... 3/27/2014 4 - '. FPA/N No: 2416867 ® WASHINGTON STATE DEPARTMENT OF Effective Date: 05/10/2014 Natural Resources so es v PeterGoldmark-Commissioner of Public Lands Expiration Date: 05/10/2017 Forest Practices Application/Notification Shut Down Zone: 654 Notice of Decision EARR Tax Credit: [ ] Eligible PQ Non-eligibleReference: 28-23-1 W Decision [ ]Notification Operations shall not begin before the effective date. Approved This Forest Practices Application is subject to the conditions listed below. [ ] Disapproved This Forest Practices Application is disapproved for the reasons listed below. [ ]Closed Applicant has withdrawn approved FPA/N FPA/N Classification Number of Years Granted on Multi-Year Request [ ]Class II N Class III [ ]Class IVG [ ]Class IVS [ ]4 yrs ( ]5 yrs Conditions on Approval/Reasons for Disapproval NOTE:The forest debris resulting from the proposed logging may create an additional fire hazard. Contact Central Kitsap Fire Department at 360 447-3550 for more information. Trees that are within a tree length and a half of a permanent structure that is frequented b g p q y people are not considered forest land. You should contact your local county govemment to see if they require any permits for tree harvest. i i Issued By: Aileen Nichols Region: South Puget Sound Title: Resource Protection Forester Date: 05/09/2014 Copies to: M Landowner,Timber Owner and Operator. Issued in person: [ ]Landowner[ ]Timber owner[ ]Operator By: Washington State Department of Natural Resources-Notice of Decision-July 10,2012 Page 1 of 2 i Appeal Information You have thirty (30)days to appeal this Decision and any related State Environmental Policy Act determinations to the Pollution Control Hearings Board in writing at the following addresses: Physical address: 1111 Israel Rd. SW,Ste 301,Tumwater,WA 98501 Mailing address: P.O. BOX 40903, OLYMPIA,WA 98504-0903 Information regarding the Pollution Control Hearings Board can be found at: http://www,eho.wa.gov/ At the same time you file an appeal with the Pollution Control Hearings Board,also send a copy of the appeal to the Department of Natural Resources' region office and the Office of the Attorney General at the following addresses: Office of the Attorney General Department Of Natural Resources Natural Resources Division South Puget Sound Region 1125 Washington Street SE And 950 Farman Ave. N PO Box 40100 Enumclaw, WA 98022 Olympia,WA 98504-0100 Other Applicable Laws Operating as described in this application/notification does not ensure compliance with the Endangered Species Act, or other federal, state, or local laws. Hydraulic Project Approval(HPA)(Chapter 77.55RCW and WAC 222-50-020(2)) The Department of Fish and Wildlife(WDFW), as the jurisdictional agency issuing HPAs, has final authority for approving water crossing structures in Type S and F waters.WDFW continues to have authority on Type N waters and may exercise that authority on some Type N waters. Notice: The HPA water crossing requirements supersede what is indicated on the FPA. Landowners are required by law to follow the provisions as directed on the HPA. Transfer of Forest Practices Application/Notification(WAC 222-20-0101 Use the"Notice of Transfer of Approved Forest Practices Application/Notification"form. This form is available at region offices and on the Forest Practices website: http://www.dnr.wa.gov/businesspermits/forestpractices. Notify DNR of new Operators within 48 hours. Continuing Forest Land Obligations(RCW 76.09.060,RCW 76.09.070, RCW 76.09.390,and WAC 222-20-055) Obligations include reforestation, road maintenance and abandonment plans, conversions of forest land to non- forestry use and/or harvest strategies on perennial non-fish habitat(Type Np)waters in Eastern Washington. Before the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations, the seller must notify the buyer of such an obligation on a form titled"Notice of Continuing Forest Land Obligation". The seller and buyer must both sign the"Notice of Continuing Forest Land Obligation"form and send it to the DNR Region Office for retention. This form is available at DNR region offices. If the seller fails to notify the buyer about the continuing forest land obligation, the seller must pay the buyer's costs related to continuing forest land obligations, including all legal costs and reasonable attorneys'fees incurred by the buyer in enforcing the continuing forest land obligation against the seller. Failure by the seller to send the required notice to the DNR at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forest land obligation prior to sale. DNR affidavit of mailing: On this day 05/09/2014 , I placed in the United States mail at Enumclaw WA, (date mm/dd/yyyy) (post office location) postage paid, a true and accurate copy of this document. Notice of Decision FPA# 2416867 Charlotte Bass cull---r-t-tt- ".a (Printed name) (Signature) Washington State Department of Natural Resources•Notice of Decision•July 10,2012 Page 2 of 2 Z 1p )31) 3 Appeal Information You have thirty(30)days to appeal this Decision and any related State Environmental Policy Act determinations to the Pollution Control Hearings Board in writing at the following addresses: Physical address: 1111 Israel Rd.SW,Ste 301,Tumwater,WA 98501 Mailing address: P.O. BOX 40903, OLYMPIA,WA 98504-0903 Information regarding the Pollution Control Hearings Board can be found at: http://www.eho.wa.gov/ At the same time you file an appeal with the Pollution Control Hearings Board, also send a copy of the appeal to the Department of Natural Resources' region office and the Office of the Attorney General at the following addresses.- Office of the Attorney General Department Of Natural Resources Natural Resources Division South Puget Sound Region 1125 Washington Street SE And 950 Farman Ave. N PO Box 40100 Enumclaw, WA 98022 Olympia,WA 98504-0100 Other Applicable Laws Operating as described in this application/notification does not ensure compliance with the Endangered Species Act,or other federal, state, or local laws. Hydraulic Project Approval(HPA)(Chapter 77.55RCW and WAC 222-50-020(2)) The Department of Fish and Wildlife(WDFW), as the jurisdictional agency issuing HPAs, has final authority for approving water crossing structures in Type S and F waters.WDFW continues to have authority on Type N waters and may exercise that authority on some Type N waters. Notice. The HPA water crossing requirements supersede what is indicated on the FPA. Landowners are required by law to follow the provisions as directed on the HPA. Transfer of Forest Practices Application/Notification(WAC 222-20-010) Use the"Notice of Transfer of Approved Forest Practices Application/Notification"form. This form is available at region offices and on the Forest Practices website: http://www.dnr.wa.gov/businesspermits/forestpractices. Notify DNR of new Operators within 48 hours. Continuing Forest Land Obligations(RCW 76.09.060,RCW 76.09.070, RCW 76.09.390,and WAC 222-20-055) Obligations include reforestation, road maintenance and abandonment plans, conversions of forest land to non- forestry use and/or harvest strategies on perennial non-fish habitat(Type Np)waters in Eastern Washington. Before the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations, the seller must notify the buyer of such an obligation on a form titled"Notice of Continuing Forest Land Obligation". The seller and buyer must both sign the"Notice of Continuing Forest Land Obligation"form and send it to the DNR Region Office for retention.This form is available at DNR region offices. If the seller fails to notify the buyer about the continuing forest land obligation, the seller must pay the buyer's costs related to continuing forest land obligations, including all legal costs and reasonable attorneys'fees incurred by the buyer in enforcing the continuing forest land obligation against the seller. Failure by the seller to send the required notice to the DNR at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forest land obligation prior to sale. DNR affidavit of mailing: On this day 05/09/2014 , I placed in the United States mail at Enumclaw WA, (date mm/dd/yyyy) (post office location) postage paid, a true and accurate copy of this document. Notice of Decision FPA# 2416867 Charlotte Bass CL. � s� a -4_ (Printed name) (Signature) Washington State Department of Natural Resources•Notice of Decision•Jul 10,2012 Page 2 of 2 P Y - - - - E'Xti-L i /I3 - -- FPA/N#: lIG WASHINGTON STATE DEPARTIVIENTOF Received Date: Natural Resources WDFW Concurrence Due Date: WDFW Concurrence Review Forest Practices Application/Notification Completed: Office Checklist Page 1 Comments Due Date: � �,� �,o�►� South Puget e Sound Region Decision Due Date: 1�- to ' (1/ Oi FP Forester: "Do, Shutdown Zone: RMAP#: FPA/N CLASSIFICATION: [ ]11 111 [ ]IVG [ ]IVS RMAP Exempt:[ ]80/20 [ ]No Forest Roads [ ]Ag [ ]LLO Landowner Name: V`y Wa� Project Name: WRIA: KIUAf WAU: l-UIYIG GOVeJ Legal Description: Activity Type: Harvest ac Spray '� -ac Stream Crossing(s) Borrow Pit ac Road Construction ft Road Abandonment _ — ft ALTERNATIVE PRESCRIPTIONS [ ] Alternate Plan [ ] Habitat Conservation Plan Ten-Year Forest Management Plan [ ] Landowner Option Plan for Northern Spotted Owl [ ] Columbia River Gorge National Scenic Area [ ] Cooperative Habitat Enhancement Agreement [ ] Watershed Analysis: RESOURCE REVIEW [ ] Unstable Slopes(Risk:Highway,Water; ) [ ] Bull Trout Overlay [ ] Soils Map(Highly Erodible&Very Unstable) [ ] HCP Bull Trout Population SLPSTAB [ ] Bald Eagle nest or most within 660 feet [ ] Landslide Hazard Zonation [ ] Group A or B Water Supply(TRAX code DM or MU) [ ] Landslide Polygon [ ] Hatchery(TRAX code S)(Name: ) [ ] Rain-on-Snow and Outside Approved WA [ ] Even-Aged Harvest greater than 120 Acres [ ] Hydric Soils [ ]Wetland[ ]Forested,[ ]A,[ ]B [ ] Volume greater than 5 MBF per acre [ ] In WMZ of[ ]A,or[ ]B Wetland [ ] Ground-based Equipment on Slopes greater than 40% ( ] In RMZ/ELZ of Type[ ]S,[ ]F, [ ]N water ( ] Road Construction on Slopes greater than 65% ( ] Water Verification [ ] Saltwater Islands(Name: ) ASSOCIATED NON-SCANNED DOCUMENTS—On file with the FPA/N at the region office. [ ] SEPA Checklist/Documents [ ]Large Landowner Road Maintenance and Abandonment Plan ASSOCIATED SCANNED DOCUMENTS [ ] Hardwood Conversion Form ( ] Conversion Option Harvest Plan [ ] Wetland Mitigation Plan ~ [ ] FPHP Plans&Specifications [ ] Water Protocol Surveys[ ]Modification [ ] Qualified Expert Report Form# Natural Regeneration Plan [ ] Water Classification Worksheet [ ] Shoreline Permit [ ] Shade Documentation [ ] Marbled Murrelet Form [ ] Watershed Analysis Worksheet [ ] FPBM Appendix(s) ( ] DFC Printout [ ]Small Landowner RMAP Checklist Additional Comments EARR Tax Credit [ ]Yes[`p No Form completed byf/` 05-1-2012 For DNR Region Office Use Only FPA/N#: a4I g(,p1 WASHINGTON STATE DEPARTMENTOF Natural Resources Region: Cj Received Date: -11 MIA Forest Practices Application/Notification Western Washington PLEASE USE THE INSTRUCTIONS TO COMPLETE THIS APPLICATION. TYPE OR PRINT IN INK. 1. Landowner,Timber Owner,and Operator Legal Name of LANDOWNER Legal Name of TIMBEROWNER Legal Name of OPERATOR (if different than Landowner) (if different than Landowner/Timberowner) Robert Edward Millard Western Timber,Inc. Mailing Address: Mailing Address: Mailing Address: 2135 Lincoln Ave. SE PO Box 654 City,State,Zip City,State,Zip City,State,Zip Port Orchard,WA 98360 Port Orchard,WA 98366 Phone ( 360 )731-6381 Phone ( ) Phone ( 360 )769-0639 Email: Email: Email:westerntimber@outlook.com 2. Contact person Contact Person: Phone (360 )769-0639 Jeff Berry Email:westerntimber@outlook.com NOTE:You are required to verify Type Np,and Ns water types within 200 feet of your proposed forest practices activities prior to submitting a Forest Practices Application I Notification.Use the Additional Information section,additional pages,the Water Type Classification Worksheet,and/or a Water Type Modification form to explain how you verified water types.See Water Typing Requirements in the instructions. 3. Landownership information:See instructions a. No 'Lx Yes Are you a small forest landowner per RCW 76.09.450? If yes,Go to b. b. No ZYes Is your entire proposed harvest area on a single contiguous ownership consisting of one or more parcel 4. If you are harvesting timber,enter the Forest Tax Reporting Account Number of the Timber Owner:800MI413 For tax reporting information or to receive a tax number, call the Department of Revenue at 1-800-548-8829. 5. Are you substituting prescriptions from an approved state or federal conservation agreement or watershed analysis? ❑x No ❑Yes Write"HCP"or"Using Prescriptions"in tables that apply.Attach or reference on Me prescriptions and/orcrosswalks. 6. What is the legal descri tion of your forest practice? '/.% (quarter quarter) Section Township Range ENV Tax Parcel Number County SW 1/4 NW 1/4 28 23N 1 W 12328-23-00011 Mason QQ 46W 12/30/13 Page 1 of 6 Western Washington Map Output ix Page 1 of 1 4k FOREST PRACTICE ACTIVITY MAP TOWNSHIP 23 NORTH HALF 0, RANGE 1 WEST(W.M.) HALF 0, SECTION 28 Application#: a►�f) p�Q 1 20 F r� 21 tit � • r 1708740 -- t 7 y 0• m a t 708628 0872 ' 17 22 27 1 Jr +tiF � • �.i. + 8 17O8808 ', 17 0 708 2 8 .1•. ..r • r1 • • f xr • 33 i Please use the legend from nthe FPA Instruction or provide a list of symbols used. Thursday,March 27,2014 3:50:27 PM NAD83 Contour Interval:40 Feet �� /�o eta•f u-t o.vJ:►j http://fortress.wa.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=fparsactbw&Client... 3/27/2014 MASON COUNTY (360)427-9670 Shelton ext. 352 COMMUNITY SERVICES DEPARTMENT (360)275-4467 Belfair ext. 352 Mason County Bldg. 8, 615 W.Alder Street (360)482-5269 Elma ext. 352 Shelton, WA 98584 www.co.mason.wa.us 1854 NOTICE OF APPLICATION FOREST PRACTICES TEN-YEAR MORATORIUM RELEASE March 28,2019 This is a Notice of Application as required by the Mason County Development Code 15.07.010.Notice to e be posted on.site and mailed to all property owners of record within 300 feet of subject p ,ro p rly. Applicant Name: PCI LLC Date of Application: March 15,2019 Date of Finding of Completeness: Pending Parcel Number(s): 12328-23-00011 Case Number(s): DRV 2019-00001&SEP 2019-00012 Location of Project: SW 1/4,NW 1/4,Sec 28,TWP 23 N,Range 1 W.W.M. Description of Project: The owner of this 10-acre property has applied for a release from a ten-year development moratorium,which was incurred as a normal condition of a Class III Forest Practices Application(#2416867).The Moratorium became effective on 5/09/2014.The procedure for the Release from Moratorium is per Mason County Ordinance MCC 11.04.The moratorium would otherwise expire on 5/09/2024. Approvals,Actions and Required Studies: A hearing will be held on May 8th(separate notice will be sent),to consider this request.The Hearing will be held before the Mason County Hearings Examiner in the Mason County Commissioners Chambers(411 N 51 Ave,Shelton).This project is also subject to SEPA review with final approval by the Director of the Mason County Department of Community Development. Public Comment Period: ` Comments can be directed to the Staff member listed below. Existing Environmental Documents: SEPA Checklist,Geological Assessment County Staff Contact: Michael MacSems,360-427-9670 ext 571 or mms@co.masonma.us Date,Time&Place of Scheduled Public Meeting:5/8/19(separate Notice of Hearing to follow). Timeline for Final Action: Final action shall follow within(the standard) 120 days from date of a Finding of Completeness(plus stays—clock stops—for preparation and review of any r uired studies). Signed : Date: t� B Y MASON COUNTY (360)427-9670 Shelton ext. 352 COMMUNITY SERVICES DEPARTMENT (360)275-4467 Belfair ext. 352 Mason County Bldg. 8, 615 W.Alder Street (360)482-5269 Elma ext. 352 Shelton, WA 98584 www.co.mason.wa.us 1854 NOTICE OF APPLICATION FOREST PRACTICES TEN-YEAR MORATORIUM RELEASE March 28,2019 This is a Notice of Application as required by the Mason County Development Code 15.07.010.Notice to be posted on site and mailed to all property owners of record within 300 feet of subject property. Applicant Name: PCI LLC Date of Application: March 15,2019 Date of Finding of Completeness: Pending Parcel Number(s): 12328-23-00011 Case Number(s): DRV 2019-00001 &SEP 2019-00012 Location of Project: SW 1/4,NW 1/4,Sec 28,TWP 23 N,Range 1 W.W.M. Description of Project: The owner of this 10-acre property has applied for a release from a ten-year development moratorium,which was incurred as a normal condition of a Class III Forest Practices Application(#2416867).The Moratorium became effective on 5/09/2014.The procedure for the Release from Moratorium is per Mason County Ordinance MCC 11.04.The moratorium would otherwise expire on 5/09/2024. Approvals,Actions and Required Studies: A hearing will be held on May 8th(separate notice will be sent),to consider this request.The Hearing will be held before the Mason County Hearings Examiner in the Mason County Commissioners Chambers(411 N 5s`Ave,Shelton).This project is also subject to SEPA review with final approval by the Director of the Mason County Department of Community Development. Public Comment Period: ' Comments can be directed to the Staff member listed below. Existing Environmental Documents: SEPA Checklist,Geological Assessment County Staff Contact: Michael MacSems,360-427-9670 ext 571 or mms@co.mason.wa.us Date,Time&Place of Scheduled Public Meeting: 5/8/19(separate Notice of Hearing to follow). Timeline for Final Action: Final action shall follow within(the standard) 120 days from date of a Finding of Completeness(plus stays--clock stops—for preparation and review of any required studies). Signed By: Date: 3/Z_ Asa°" sF MASON COUNTY (360)427-9670 Shelton ext. 352 COMMUNITY SERVICES DEPARTMENT (360)275-4467 Belfair ext. 352 Mason County Bldg. 8, 615 W.Alder Street (360) 482-5269 Elma ext. 352 Shelton, WA 98584 www.co.mason.wams 1854 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Hearings Examiner will hold a public hearing in the Commissioner's Chambers in the Mason County Courthouse Building I,411 North Fifth Street, Shelton, Washington on Wednesday, May 22, 2019 at 1:00 P.M. The PUBLIC HEARING will be to consider the application(DRV 2019-00001)by PCI LLC to remove a ten-year development moratorium from a 10-acre parcel for a 70% thinning resulting from a Forest Practices permit,issued to the previous property owner (parcel number 12328-23-00011). The property was logged by Robert E. Millard under a Department of Natural Resources administered Class III forest practices permit#241686 and issued on May 9, 2014. PCI LLC,the new owner, wishes to develop the parcel for multi-family residential. To do this,it is first necessary to remove the ten-year development moratorium from the property. The moratorium would otherwise expire on May 9,2024. A development moratorium is a normal byproduct of a Class II or III Forest Practice,the extended length of this moratorium is due the fact that it lays within a designated Urban Growth Area. The property is accessed from SR 3, via NE Clifton Lane and NE Roy Boad Rd,in Belfair, Section 28, Township 23N., Range I-W., WM. The Mason County Hearings Examiner will render a decision within ten working days of the hearing. For further details please contact Subdivision/FPA Planner Michael MACSems at extension 571 or by e-mail at mms@co.mason.wa.us. Written comments may be submitted to the Hearings Examiner in care the Planning Department up to 5:00 P.M. May 21 st. If special accommodations are needed,contact the Mason County Commissioners'office at 427-9670,ext.419 Mason County Journal,run one(1)time. April 18th Page 1 of 1 E X# c-, Michael MacSems -Re: FPA 2416867 From: "SHARP, JASON (DNR)" <JASON.SHARP@dnr.wa.gov> To: Michael MacSems<mms@co.mason.wa.us> Date: 4/12/2019 4:01 PM Subject: Re: FPA 2416867 CC: Michael MacSems<Mms@co.mason.wa.us> That permit was associated with a natural regeneration plan. It shows its scheduled for its final check April of 2019. If there isn't an average of 190 trees per acre from the natural regeneration plan, since they are going to convert it, it would be up to the county to decide if they want to condition it on any additional reforestation outside of what they are planning to convert. Is it still the same landowner as it was when the permit was issued back in 2010? Sent from Samsung tablet -------- Original message -------- From: Michael MacSems <mms@co.mason.wa.us> Date: 4/12/19 2:52 PM(GMT-08:00) To: "SHARP, JASON (DNR)" <JASON.SHARP@dnr.wa.gov> Cc: Michael MacSems<Mms@co.mason.wa.us> Subject: FPA 2416867 Jason, I am reviewing an application to release the ten-year moratorium for FPA 2416867 in Belfair. The County Code tells me that I need a written statement from the DNR attesting that"The harvest and reforestation of the property shall be completed as specified in the approved forest practice application/notice". In the case of this site, it doesn't look like it was ever replanted,though that is probably a moot point if the parcel is to be converted. Can you provide me with such a written statement? https://fortress.wa.Gov/dnr/fparsimages/apps867/$2416867/fp2416867.pdf Thank you, Michael file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5CBOB645Masonmai11001613462... 4/29/2019 ��E st•Ara.o, 8 4. 6 I889` STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 -Olympia, Washington 98504-7775 -(360)407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 April 26, 2019 Michael MacSems, SEPA Responsible Official Mason County Department of Community Services Planning Division PO Box 279 Shelton, WA 98584 Dear Michael MacSems: Thank you for the opportunity to comment on the determination of nonsignificance for the PCI, LLC Development Moratorium Release Request for Development Project(SEP2019-00012) proposed by PCI, LLC. The Department of Ecology(Ecology)reviewed the environmental checklist and has the following comment(s): WATER QUALITY/WATERSHED RESOURCES UNIT: Chris Montague-Breakwell(360)407-6364 Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control,and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Construction Stormwater General Permit: The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State; and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or Michael MacSems, SEPA Responsible Official April 26, 2019 Page 2 sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices(including, but not limited to, class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. If there are known soil/ground water contaminants present on-site, additional information (including,but not limited to:temporary erosion and sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s); and additional studies/reports regarding contaminant(s))will be required to be submitted. You may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.g-ov/projzrams/wg/storinwater/construction/-Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such,they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments,please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (MLD:201901997) cc: Chris Montague-Breakwell, WQ Dean Mauerman, PCI,LLC(Proponent) Page 1 of 1 �x ? 13 Michael MacSems - SEPA 2019-00012 From: "FOSBERG, CARLA(DNR)" <CARLA.FOSBERG@dnr.wa.gov> To: "'mms@co.mason.wa.us"' <mms@co.mason.wa.us> Date: 4/18/2019 2:17 PM Subject: SEPA 2019-00012 Below are comment regarding SEPA 2019-00012 Ouestion A.7.• When development plans are submitted,DNR recommends some reforestation to occur where acceptable throughout the parcel. Ouestion B.8.a.: The site is timberland/forestland that is currently being used to grow a future crop of merchantable timber. Question B.8.b.: Yes,this site has been used for forestlands. Carla Fosbe.rg Forest Practices Program Coordinator South Puget Sound Region WA Department of Natural Resources(DNR) (360) 802-7009 or(425)466-2102 C a rl a.F o s b e rg6W n r.wa.gov file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5 CB 886DEMasonmai11001613462... 4/18/2019 1 Michael McSems Department of Community Development 615 W.Alder Street Shelton,WA 98584 Michael as you are aware I asked Ms. Rowen to reconsider her Determination of Non Significance on this SEPA based on the existence of a type 1 Critical Aquifer Recharge Area under much of the 10 acre parcel.As I informed you there is also a prohibited use in a CARA,of a dry cleaner,%of a mile away. Regarding the specific SEPA environmental checklist and application I feel it is incomplete and inaccurate just as I did for last year's R-5 to R-10 rezone hearing. A-8 there has been Mason County Public Works consultant studies of stormwater and drainage issues in the Belfair UGA.There is also a considerable amount of environmental information contained in Belfair sub-area plan and work done by CH2MHi11 for Belfair sewer system.There were conditions placed on this property prior to logging by the previous owner that required a geo tech assessment due to steep slopes. I pointed this out the lack of a geo tech assessment during the rezone public hearing which the applicant has now provided. I also pointed out critical areas and wetlands in the vicinity. He says that a wetlands formal report has been accomplished but has not provided as part of SEPA. A-11 Fails to mention the United States owns property that divides the ten acres,during the rezone hearing he said it had been abandoned.He now includes in this SEPA.(Exhibit 5 of PCI LLC SEPA.) B 1 a. Portions of property contain steep slopes! B 1 b. In the rezone SEPA applicant failed to answer question. He now acknowledges that there are 40% slopes.Slopes over 25%are considered critical areas. 133a1.Surface water answer inaccurate! Extensive wetlands and Irene Pond and Irene Creek are to the NW of parcel and a seasonal stream which originates on property feeds into wetland. See page 17 of Belfair WWRF full staff report. B3a2.See above. B 4a.Additional vegetation should be checked as many deciduous and perhaps water plants exist on the parcel west of Roy Boad road. The parcel west of Roy Boad Road is that part of the FPA permit that is considered a forested wetland and contains the clumped wildlife reserve trees WRT and green reserve trees GRT that make up part of 30%of the ten acres not harvested.(Exhibit 1 of PCI LLC SEPA) 135a. Hawks,eagles,deer,bear,beaver and salmon have been on and near the site. 138h. portions of site East of Roy Boad Road are critical areas.>25%slope B10a.Tallest building heights amendment recently reviewed by Planning Commission and raised to 50+feet with a Special Use permit and Hearings examiner decision;forwarded to BOCC for their consideration. B 14a.County's Roy Boad Road terminates at site.Private road through property and beyond serving several other properties. US government owned parcel#12328-00-60000 bisects parcel. (Exhibit 5 of PCI LLC SEPA.) B14b.Area is currently serviced by Mason County transit however site is temporary and new permanent site has began construction a mile away. B 16b. There is not a city or county owned storm water system. Why didn't applicant date his application? Why didn't he fill out Section"D"? He filled out for the rezone SEPA but not for this. Here were my responses to the rezone SEPA that I feel still apply. D 2.There are not sufficient storm water services nearby. D 4.There are environmentally sensitive forested wetlands and critical areas to the West side of Roy Boad Road and beyond. D5. Proposed moratorium removal will set precedence in UGA and encourage more moratorium removals and denser zoning which is not consistent with Belfair UGA plan. D 6.Will increase demands on all infrastructure.Transit stop is temporary. Mason County is not meeting infrastructure planning and "concurrency"requirements to support this zoning change or moratorium removal. In addition there are several large logging slash piles that have not been abated. Regarding the Geotechnical report: The site visit was performed on February 22. The site was accessed through private property which now have locked cables installed by neighbor to prevent access.February and March have been some of the driest on record.Some of the standing water usually on both sides of Roy Boad road are gone. The 45 foot boring and test well were drilled on US Government property!I would suggest given the proximity to the dry cleaner that biweekly monitoring including conductivity testing for chemicals for several years before this site is allowed to be developed! B10a.Tallest building heights amendment recently reviewed by Planning Commission and raised to 50+feet with a Special Use permit and Hearings examiner decision;forwarded to BOCC for their consideration. B 14a.County's Roy Boad Road terminates at site.Private road through property and beyond serving several other properties. US government owned parcel#12328-00-60000 bisects parcel. (Exhibit 5 of PCI LLC SEPA.) B14b.Area is currently serviced by Mason County transit however site is temporary and new permanent site has began construction a mile away. B 16b. There is not a city or county owned storm water system. Why didn't applicant date his application? Why didn't he fill out Section"D"? He filled out for the rezone SEPA but not for this. Here were my responses to the rezone SEPA that I feel still apply. D 2.There are not sufficient storm water services nearby_ D 4.There are environmentally sensitive forested wetlands and critical areas to the West side of Roy Boad Road and beyond. D5. Proposed moratorium removal will set precedence in UGA and encourage more moratorium removals and denser zoning which is not consistent with Belfair UGA plan. D 6.Will increase demands on all infrastructure.Transit stop is temporary. Mason County is not meeting infrastructure planning and"concurrency"requirements to support this zoning change or moratorium removal. In addition there are several large logging slash piles that have not been abated. Regarding the Geotechnical report: The site visit was performed on February 22. The site was accessed through private property which now have locked cables installed by neighbor to prevent access.February and March have been some of the driest on record.Some of the standing water usually on both sides of Roy Boad road are gone. The 45 foot boring and test well were drilled on US Government property!1 would suggest given the proximity to the dry cleaner that biweekly monitoring including conductivity testing for chemicals for several years before this site is allowed to be developed! Please find attached. Belfair Sub Area Critical Aquifer Recharge area map boundaries to include an additional 300 feet Exhibit 3 for Special use permit DDR2009-00046,streams Exhibit 4 for Special use permit DDR2009-00046,zoning Landowner statement Continuing forest land obligation form notice for buyer and seller Forest management plan with time for reforestation checks Email from DNR regarding notice of continuing forest land obligation never being submitted and DNR reforestation inspections. Thank you for your consideration, Ken VanBuskirk Belfair J Belfair Sub-Area Critical Aquifer Recharge Areas I,7 !S�®9H49@mrrAr#Gmpr2p0@mfl6rrHm:S4flfl��37,9$Z H.PaIl&�P-IlH9&dn' i Legend "—IAquiferRed..p.A— • �within Na Bcl/air UGA _ Ousm—-IMustrial(04) ,f General CommerriaU j ��� \ &amass-Industrial(GGBI) � �/��_ �se�see ---ary a W E Feet C In �,l + Marrmmamavr®®rrmmnacm50rrrsvl,¢meaac + r ■ rnrru _ ± Co■ C w qq' u BdWr Bub-Area Location E ' Township ZS N.,Ranget W-® ;, ,,, -" ff ranaaaarrmonntsrrr�rr■ >�r <llrx,�aarammmrr9rrrrrrr - -.... d Prep.w by Mason County Pub1c WoA¢GAS l Belfair Sub Area Critical Aquifer Recharge Areas Jf'u�f}anaennuavnn3mcoortnonoo ❑ennnn av naannaanna ��' i Legend ;.. / CrN-lAquiferRecharge Am / aitNn Ore BLOWr UGA i [Wdness-Industrial(B-) -Gmerd Commemall Badness-IMustrial(GC&I) �l�, —rUGABoundwy Feet N l Chi. 1; 41, d � ,� + iarrrrnnrmnamnrrnnnnr � � t wanU� t; � j lit Bdfair3ub�Mm Lo dtl 2 T&M%SMP ZS N.,Ranee!W. - 4 • /r/ •il nrnnmurna�ar■ iarilllnnoarraraannsunn� P epued by Mason county PUNC Won.GIs N EFFERSON v tot KITSAP = R rr .t W _MASON _. o 106 PIZiRCE NE htCKNIGHT RD 3 r' l i R-10 R.3At —— � t z z p 0 1. I V U z a 0 < +R-10 300 ' R3 Pump i wator j I Station#1 i r —Reclamation Facility' 1 J t ~ r! I Treated Water MU Storage Pond Location Lynch Cow 41 I i' �r Pump Station 83 Pump Station_k2 RR-5 > t R-3 t R-5 Irrigat'i n A/r e/a 1 I r 106 3 Zoning Category Source:Data from Mason County(2007)and Puget Sound Lidar Consortium(2002). )• Business Industrial(B-1) Long Term Agricultural(LTA) ^� Proposed Force Main Belfair UGA Festival Retail(FR) Medium Density Residential(R-5) Proposed Gravity Sewer C J Boundary aM General Commercial(GC) Mixed Use(MU) Proposed Low County Boundary General Commercial& Multi Family Residential(R-10) ' Pressure Sewer ——— Access Road Business Industrial(GC-BI) Single Family Residential(R-3) ® Proposed Pump Station e" Stream ELFAIR Rural Residential 5(RR-5) 1__, Service Area w,t n Figure 3-1 r—t—t—T—i A Zoning 0 0.25 Mile Land Use and Socioeconomics %XSIM6AIPROJWASONCOUNM3638501GIS1MAPDOCUMENTS%ENVPERMITTINGWEPA EAUANDUSEIZONING.MXD DMORINI41=009 CH2MHILL IIIHUUZH:) soazlFJe axw uxss�na�nsavw3sve�s�N tnooadvw�si�asees wNnox�osvwuoaa�vewisn AW131q pue ON Sz'O 0 uORBOO-1130fOld Q�d7QMi:4 @.4, aivd-t3 weags �, pent{ssamV pasodold d-- uope)S dwnd pasodad sa kepunoa fqunoo lamas ajnssaJd MO-1 posodwd kepunoa von-vitas jamaS AVAPjJ pasodoid ealvaotnuas :.__I uieW eojoj pasodoid ^0 '(SOOZ)NNGVM Pus(90OZ)lOOSM wal eola{d le!JaV 1900610USM Pue UWZ)qunOO uoseW wal Oleo:awncS { t c.altf i h 1 III dwmd J.. 1 r pucd d6e�olS f�'! �aleM.POILCOl � �e�l�we�a-;d irjl`. l •t i lu, � r z i Z> Q v z _ r,• O a z z i L _� - -- soy mosvvd Jee } Nasas33a� . I I S#eirii vse / vale zoo .i , L TA6 /) 3 JEFFERSON _ a `MASON06 ( J07 J,. -PIERGE a i p U r Y ii•IT 1r 1 J , r i4 t ,�PumP t j on, V Ater i T' 8 -r_- � r f. A Trr.Med iNater Storage Pond Location Lynch Cove t u t Pump f St ILom#2 I ump t 1 �5 Ne , fJ 1 tn/ i �eP i I 'ILL Source:Data from Mason county(2007)and WSDOT(2008).Aerial photos from WSDOT(2008)and WADNR(2005). *4V Proposed Force Main t__; Service Area Proposed Gravity Sewer G J Betfair UGA Boundary - ��j Proposed Low Pressure Sewer County Boundary ra Proposed Pump Station Proposed Access Road '1-,o Stream ELFAIR —� c:atr•cc amat 0n ix I've; Figure 9-9 i—,—,—ram Project Location 0 0.25 Mile and Vicinity OSIMBAIPRO,RMASONCOUNTY13638501GISYMAPDOCUMENTSIBASEMAPSVAERIAL 8.5X11.MXD 213=09 CH2MHILL . 1 A LANDOWNER'S STATEMENT TO MAINTAIN LANDS WITHIN A URBAN GROWTH AREA AS A PRODUCT FOREST LANDS FOR A TEN-YEAR PERIOD FROM THE DATE OF APPROVAL OF THE LANDOWNERS' FOREST PRACTICE APPLICATION/NOTIFICATION FPA NBR: A0990 (FOR DNR USE) Mason County Name of city or county 12328-23-00011 Tax Parcel Number(s) Robert Edward Millard Landowner's name(PRINT? I am the legal owner of the above listed parcel(s)s and b way of this statement I am opting g P ( ). Y Y � P g out of the requirements of a Class IV-General Forest Practice Application within an urban growth area. I assure the local government and the State of Washington,that by opting out, I intend NOT TO CONVERT TO A USE OTHER THAN COMMERCIAL FOREST PRODUCT OPERATIONS FOR A TEN YEAR PERIOD from the date of approval of the application or notification for the parcel(s)listed above; and I will manage the forest land in accordance with that accompanying forest management plan. Landowner's Signature City/County Verification of Parcel Number(s) Signature and date of city/county verification Date Appeal Information You have thirty(30)days to appeal this Decision and any related State Environmental Policy Act determinations to the Pollution Control Hearings Board in writing at the following addresses: Physical address: 1111 Israel Rd.SW,Ste 301,Tumwater,WA 98501 Mailing address: P.O.BOX 40903, OLYMPIA,WA 98504-0903 Information regarding the Pollution Control Hearings Board can be found at: http://www.eho.wa.gov/ At the same time you file an appeal with the Pollution Control Hearings Board,also send a copy of the appeal to the Department of Natural Resources'region office and the Office of the Attorney General at the following addresses: Office of the Attorney Pa General Department Of Natural Resources Natural Resources Division South Puget Sound Region 1125 Washington Street SE And 950 Farman Ave. N PO Box 40100 Enumclaw,WA 98022 Olympia,WA 98504-0100 Other Applicable Laws Operating as described in this application/notification does not ensure compliance with the Endangered Species Act, or other federal,state, or local laws. Hydraulic Project Approval(HPA)(Chapter 77.55RCW and WAC 222-50-020(2)) The Department of Fish and Wildlife(WDFW), as the jurisdictional agency issuing HPAs, has final authority for approving water crossing structures in Type S and F waters_WDFW continues to have authority on Type N waters and may exercise that authority on some Type N waters. Notice:The HPA water crossing requirements supersede what is indicated on the FPA.Landowners are required by law to follow the provisions as directed on the HPA. Transfer of Forest Practices Application/NotiFcatlon(WAC 222-20-010) Use the"Notice of Transfer of Approved Forest Practices Application/Notification"form.This form is available at region offices and on the Forest Practices website: http:/1www.dnr.wa.gov/businesspermits/forestpractices. Notify DNR of new Operators within 48 hours. Contlnuina Forest Land Obtinations(RCW 76.09.060,RCW 76.09.070,RCW 76.09.390,and WAC 222-20-055) Obligations include reforestation, road maintenance and abandonment plans, conversions of forest land to non- forestry use and/or harvest strategies on perennial non-fish habitat(Type Np)waters in Eastern Washington_ "Before the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations,the seller must notify the buyer of such an obligation on a form titled"Notice of Continuing Forest Land Obligation".The seller and buyer must both sign the"Notice of Continuing Forest Land Obligation"form and send it to the DNR Region Office for retention.This form is available at DNR region offices. If the seller fails to notify the buyer about the continuing forest land obligation,the seller must pay the buyer's costs related to continuing forest land obligations, including all legal costs and reasonable attorneys'fees incurred by the buyer in enforcing the continuing forest land obligation against the seller. Failure by the seller to send the required notice to the DNR at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forest land obligation prior to sale. DNR affidavit of mailing: i On this day 05/09/2014 1 placed in the United States mail at Enumclaw WA, (date mm/dd/yyyy) (post office location) postage paid,a true and accurate copy of this document Notice of Decision FPA#2416867 Charlotte Bass (Printed name) (Signature) Washington State Department of Natural Resources-Notice of Decision-July 10,2012 Page 2 of 2 Appeal Information You have thirty(30)days to appeal this Decision and any related State Environmental Policy Act determinations to the Pollution Control Hearings Board In writing at the following addresses: Physical address: 1111 Israel Rd.SW,Ste 301,Tumwater,WA 98501 Mailing address: P.O.BOX 40903,OLYMPIA,WA 98504-0903 Information regarding the Pollution Control Hearings Board can be found at: http://www.eho.wa.gov/ At the same time you file an appeal with the Pollution Control Hearings Board,also send a copy of the appeal to the Department of Natural Resources'region office and the Office of the Attorney General at the following addresses: Office of the Attorney General Department Of Natural Resources Natural Resources Division South Puget Sound Region 1125 Washington Street SE And 950 Farman Ave. N PO Box 40100 Enumclaw,WA 98022 Olympia,WA 98504-0100 Other Applicable Laws Operating as described in this application/notification does not ensure compliance with the Endangered Species Act, or other federal,state,or local laws. Hydraulic Project Approval(HPA)(Chapter 77.55RCW and WAC 222-50-020(2)) The Department of Fish and Wildlife(WDFW), as the jurisdictional agency issuing HPAs, has final authority for approving water crossing structures in Type S and F waters.WDFW continues to have authority on Type N waters and may exercise that authority on some Type N waters. Notice:The HPA water crossing requirements supersede what is indicated on the FPA.Landowners are required by law to follow the provisions as directed on the HPA. Transfer of Forest Practices Application/Notification LWAC 222-20-010) Use the"Notice of Transfer of Approved Forest Practices Application/Notification"form.This form is available at region offices and on the Forest Practices website: http:/lwww.dnr.wa.gov/businesspermitslforestpractices. Notify DNR of new Operators within 48 hours. Continuing Forest Land Obligations(RCW 76.09.(Y60,RCW 76.09.070,RCW 76.09.390,and WAC 222-20-055) Obligations include reforestation, road maintenance and abandonment plans,conversions of forest land to non- forestry use and/or harvest strategies on perennial non-fish habitat(Type Np)waters in Eastern Washington. EBefore the sale or transfer of land or perpetual timber rights subject to continuing forest land obligations We-seller rMust notify the buyer of such an obligation on a font titled"Notice of Continuing Forest Land Obligation".The seller and buyer must both sign the"Notice of Continuing Forest Land Obligation"form and send it to the DNR Region Once for retention.This form is available at DNR region offices. If the seller fails to notify the buyer about the continuing forest land obligation,the seller must pay the buyer's costs related to continuing forest land obligations,including all legal costs and reasonable attorneys'fees incurred by the buyer in enforcing the continuing forest land obligation against the seller. Failure by the seller to send the required notice to the DNR at the time of sale will be prima facie evidence in an action by the buyer against the seller for costs related to the continuing forest land obligation prior to sale. DNR affidavit of mailing: On this day 05/09/2014 1 placed in the United States mail at Enumclaw WA, (date mmldd/yyyy) (post office location) postage paid,a true and accurate copy of this document. Notice of Decision FPA#2416867 Charlotte Bass (Printed name) (Signature) Washington State Department of Natural Resources-Notice of Decision-July 10,2012 Page 2 of 2 EX -Q C— 01 3 Page 1 of 1 Michael MacSems - SEP2019 -00012 From: "Ken VanBuskirk" <kenvanb@gmail.com> To: "Michael MacSems" <Mms@co.mason.wa.us> Date: 4/22/2019 6:50 AM Subject: SEP2019 -00012 CC: "Erik Pedersen" <Erik@greatpeninsula.org>, "Kell Rowen" <krowen@co.mason... Michael I have an additional comment to relay to you. The SeP2018-00069 which was done for the same parcel for a "non project' action has some different answers than the current SEP2019-00012. Please note differences in your review. I have discovered at least three differences perhaps there are more.. Applicant says there is a wetlands report now done. Applicant says there is now sanitary sewer available at site. Last year he filled out section D this year he did not. Will you bring these differences to the hearings examiners attention. Thank you, Ken VanBuskirk 360-801-0550 file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5CBD6453Masonmai11001613462... 4/22/2019 Page 1 of 1 `Z;X ?C- 1 °/I 3 Michael MacSems - SEP2019 -00012 moratorium release From: "Ken VanBuskirk" <kenvanb@gmail.com> To: "Michael MacSems" <mms@co.mason.wa.us> Date: 4/23/2019 10:38 AM Subject: SEP2019 -00012 moratorium release CC: "Erik Pedersen" <Erik@greatpeninsula.org>, "Patty Michak" <pmichak@hccc.... Attachments: GoogleEarth_image 8-2006.jpg; GoogleEarth_Image 5-2009.jpg; GoogleEarth_Image 5-2013.jpg; GoogleEarth_Image 2-2015.jpg; GoogleEarth_Image 7-2018.jpg Michael, please accept these additional comments and attachments into the record for SEP 2019-00012. 1 understand that you and Ms. Rowen consider both the earlier rezone and this moratorium release request as "non project" proposals. However I think its important that you consider all proposals whether they are non project proposals or project proposals from a "landscape" perspective. (5000 feet) The resultant development whether permitted or not has a cumulative domino negative affect on the environment and the critical aquifer recharge area. I have attached several historical and current Google Earth maps of the area of concern. Image 8-2006, shows unpermitted logging in extensive wetland on adjoining parcel to west. Illegal logging was reported to Mason County Compliance Officer but never followed up on. Parcel short platted by Mr. Davies in 2008, Jake Drive established. Image 5-2009,note size of Irene pond, note proximity of prohibited dry cleaner and a Boat repair shop,(SW), that requires an environmental permit as it relates to CARA. Image 5-2013, please overlay with map of streams I provided in earlier comments. (Exhibit#3 SPU DDR 2009-00046 CH2MHill map.) Image 2-2015, please note increased size of Irene pond, taken in winter time, shows many deciduous trees and the subject parcel has been logged. Image 7-2018, please note another new boat repair facility, in CARA, bottom SW corner of picture. Unknown if it has environmental permit as required to CARA. Also reported to Mason County however I never heard back. Please consider. Thank you Ken VanBuskirk 360-801-0550 file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5CBEEB32Masonmai11001613462... 4/23/2019 Page 1 of 3 Michael MacSems - RE: FPA 2416867 information From: DNR RE Public Disclosure <publicdisclosure@dnr.wa.gov> To: Ken VanBuskirk <kenvanb@gmail.com> Date: 4/19/2019 10:55 AM Subject: RE: FPA 2416867 information CC: Michael MacSems <Mms@co.mason.wa.us> Dear Mr.VanBuskirk: Thank you for your email. Please see responses in red from DNR staff Carla Fosberg below: 1. Copy of reforestation checks of the management plan that were required on 4-2016 and 4-2018. a. The ten-year forest management plan is not something Forest Practices regulates. Management plans are to help the landowner with managing their forestland and understanding the current and future conditions of their lands. In the case of this application,the landowner chose to include a management plan to let us know that they plan to keep the property in forestland for at least 10 years. 2. Copy of the "Notice of Continuing Forest Land Obligation" form that both the seller and buyer are required to sign and be retained by the DNR last October. a. We do not have any records of this form being received by our office. 3. Copy of any DNR reforestation inspection reports for FPA 2416867. a. We do not have any records of this form being received by our office. If you have any questions regarding this information, please contact Carla Fosberg at carla.fosberg@dnr.wa.gov or 360-802-7009. Thank you, Julia Jackson Public Disclosure Coordinator Washington State Department of Natural Resources(DNR) 360-902-1393 Julia.Jackson@dnr.wa.gov www.dnr.wa.gov/publicdisclosure From: Ken VanBuskirk<kenvanb@gmail.com> Sent:Thursday,April 18, 2019 11:24 AM To: DNR RE Public Disclosure<publicdisclosure@dnr.wa.gov> Cc: Michael MacSems<Mms@co.mason.wa.us> Subject: Re: FPA 2416867 information Julia one other thing Id like to request. Any DNR reforestation inspection reports for FPA 2416867. thank you Ken VanBuskirk - Original Message ----- From: DNR RE Public Disclosure file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5 CB 9A92AMasonmai11001613 462... 4/22/2019 Page 2 of 3 To: Ken VanBuskirk Sent: Monday, April 15, 2019 10:38 AM Subject: RE: FPA 2416867 information Dear Mr.VanBuskirk: Thank you for your email. We typically do not expedite requests because of the volume of requests we receive per year, but we will do our best to accommodate you. My original estimated date is still accurate. If records become available sooner,we will certainly forward them to you. Should you have any questions, please contact our office. Thank you, Julia Jackson Public Disclosure Coordinator Washington State Department of Natural Resources (DNR) 360-902-1393 Julia.Jackson@dnr.wa.gov www.dnr.wa.gov/publicdisclosure From: Ken VanBuskirk<kenvanb@gmail.com> Sent: Sunday,April 14, 2019 8:24 AM To: DNR RE Public Disclosure<publicdisclosure@dnr.wa.gov> Subject: Re: FPA 2416867 information April 3rd? I need as soon as possible. best ken 360-801-0550 -----Original Message ----- From: DNR RE Public Disclosure To: Ken VanBuskirk Cc: Michael MacSems Sent: Friday, April 12, 2019 10:27 AM Subject: RE: FPA 2416867 information Dear Mr.VanBuskirk: The Washington State Department of Natural Resources received your public disclosure request on April 10, 2019. You requested the following: 1. Copy of reforestation checks of the management plan that were required on 4-2016 and 4-2018. 2. Copy of the "Notice of Continuing Forest Land Obligation" form that both the seller and buyer are required to sign and be retained by the DNR last October. Please be advised that, pursuant to RCW 42.56.120, DNR uses the default fee schedule. If DNR uses an outside vendor for the duplication service,the charge to you will be the cost charged by the vendor, plus the cost of shipping. However, records may also be viewed in person at our Olympia office for no fee. We are in the process of researching your request. We anticipate we will be able to send you the records by file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5CB9A92AMasonmai11001613462... 4/22/2019 Page 2 of 3 To: Ken VanBuskirk Sent: Monday, April 15, 2019 10:38 AM Subject: RE: FPA 2416867 information Dear Mr.VanBuskirk: Thank you for your email. We typically do not expedite requests because of the volume of requests we receive per year, but we will do our best to accommodate you. MY original inal estimated date is still accurate. If records become available sooner,we will certain) forward them � Y to you. Should you have any questions, please contact our office. Thank you, Julia Jackson Public Disclosure Coordinator Washington State Department of Natural Resources(DNR) 360-902-1393 Julia.Jackson@dnr.wa.gov www.dnr.wa.gov/publicdisclosure From: Ken VanBuskirk<kenvanb@gmail.com> Sent:Sunday,April 14, 2019 8:24 AM To: DNR RE Public Disclosure<publicdisclosure@dnr.wa.gov> Subject: Re: FPA 2416867 information April 3rd? I need as soon as possible. best ken 360-801-0550 -----Original Message----- From: DNR RE Public Disclosure To: Ken VanBuskirk Cc: Michael MacSems Sent: Friday, April 12, 2019 10:27 AM Subject: RE: FPA 2416867 information Dear Mr.VanBuskirk: The Washington State Department of Natural Resources received your public disclosure request on April 10 , 2019.You requested the following: 1. Copy of reforestation checks of the management plan that were required on 4-2016 and 4-2018. 2. Copy of the "Notice of Continuing Forest Land Obligation" form that both the seller and buyer are required to sign and be retained by the DNR last October. Please be advised that, pursuant to RCW 42.56.120, DNR uses the default fee schedule. If DNR uses an outside vendor for the duplication service,the charge to you will be the cost charged by the vendor, plus the cost of shipping. However, records may also be viewed in person at our Olympia office for no fee. We are in the process of researching your request. We anticipate we will be able to send you the records by file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5CB9A92AMasonmai11001613462... 4/22/2019 Page 3 of 3 April 3, 2019. If the records become available sooner, we will certainly forward them to you. Thank you, Julia Jackson Public Disclosure Coordinator Washington State Department of Natural Resources(DNR) 360-902-1393 Julia.Jackson@dnr.wa.gov www.dnr.wa.gov/publicdisclosure From: Ken VanBuskirk<kenvanb@gmail.com> Sent: Wednesday,April 10, 2019 9:16 AM To: DNR RE SPS Forest Practices<southpuget.forestpractices@dnr.wa.gov> Cc: Michael MacSems<Mms@co.mason.wa.us>;Jackson,Julia (DNR)<Julia.Jackson@dnr.wa.gov> Subject: FPA 2416867 information Good day. In discussion with Merideth of your office this morning I am requesting information regarding FPA 2416867 in the Belfair UGA, Mason County.. I am requesting the reforestation checks of the management plan that were required on 4-2016 and 4-2018. This property was purchased less than a year ago. I requested a copy of the"Notice of Continuing Forest Land Obligation"form that both the seller and buyer are required to sign and be retained by the DNR last October and was told by email from Ms Jackson. "Dear Mr.VanBuskirk: After speaking with DNR staff,they still did not find any Notice of Continuing Forest Land Obligations forms for this FPA. Julia Jackson Public Disclosure Coordinator Washington State Department of Natural Resources(DNR)" I am requesting again to verify. Please reply by email so I can reference. . thank you for your help. Ken VanBuskirk 360-801-0550 file:///C:/Users/mms/AppData/Local/Temp/XPgrpwise/5CB9A92AMasonmai11001613462... 4/22/2019 �x File No. AFFIDAVIT OF MAILING OF PUBLIC NOTICE STATE OF WASHINGTON ) SS: COUNTY OF MASON ) I, U1 1 qAe( SfWLS , being first duly sworn, deposes and says: On the 3 O day of — Y)`1 , I deposited in the United States mail, with sufficient postage prepaid, a true and correct copy of the individual public notice of < f \Hfc.,t\Ac, (community meeting, traffic study meeting, application, or public hearing), a copy of which is attached hereto, to the list (submitted by the Applicant) of real property owners and/or taxpayers who own property (check one) _within the affected Division/Subdivision or within three hundred feet of the property that is the subject of the application. The notices were addressed to Q (#) individuals, not including the Applicant. fW A"'�— Signature Date Signed and Sworn to before me this -30 day of j4plq , ex Lq. O�`\ 0GEY'E1ii���ii a "�pTAgk 9m = Notary Pub ' and for the State of Washington u'• • �La>►lkX, �:, Residing at:fSESP %,�F�• ... '��0,``�� My Appointment Expires: iiW HSN\`t�. Ex :q q AFFIDAVIT OF POSTING NOTICE STATE OF WASHINGTON ) COUNTY OF MASON ) ss. I, do hereby certify that I posted copies of the attached ,J�,a, I on 2 day of Rgy, l 20 1 cl in Z public places as follows: 9/e at Rr ev-4t I oc_c 1`c\A G �G )3ef�c Y one at A,te L Jul oQ � 4 /I l�l Soh s S�v 74N one at In witness whereof, the pa has signe s Af ii avit of Pos this I Z- day of —�� ' l , 20 J 5 . By: 1 rC V14S Address: f� � rJ��✓ S? S� �� w y� �d"�' STATE OF WASHINGTON ) COUNTY OF MASON ) ss. Subscribed and sworn this_� day of Apr" I , 20 1 q NE M pip S. >Lr�` Q • N� = Notary Public for the State f Washington ��.. °�e��c .,•'_ Residing at n4AJzrq Ca o _ z�: U�,�'� Commission Expires 12 2R l i . - PCI LLV Mailing List Douglas A. Kuligowski PCI LLC 230 NE Old Belfair Hwy 1415 College St SE Lacey, WA 98503 Belfair, WA 98528-9635 Richard and Patricia Egar Jonathan and Cindy Bicknese P.O. Box 2621 8128 187th St SW Belfair, WA 98528-2621 Edmonds, WA 98026-5843 North Ridge Properties LLC State of Washington Lenny Johnson Dept of Transportation P.O. Box 488 State Lands Division Belfair, WA 98528-0488 P.O. Box 47440 Olympia, WA 98504-7440 Tom and Laurie LLC P.O. Box 997 Port Orchard, WA 98366 Steven Cheung Inc 16521 13t'Ave., W#208 Lynnwood, WA 98037 Overton and Associates P.O. Box 1477 Tacoma, WA 98401-1477 Eli A. Furnish PO Box 1374 Belfair, WA 98528 Marta Torpey PO Box 2502 Belfair, WA 98528 Great Peninsula Conservancy 423 Pacific Ave, STE 401 Bremerton, WA 98337 Davies Development Inc P.O. Box 1095 Allyn, WA 98524-1095 MASON COUNTY DCD SEPA Contact List 19 Se t SEPA 1.c i� - ) -L to (check all that apply) on L4 i L /j y Skokomish Tribal Nation, Nat.Res.Dept. WA Department of Commerce ATTN: Julian Sammons reviewteam@commerce.wa.gov N 541 Tribal Center Rd., Skokomish Nation,98584 sammons@skokomish.org E] U.S.Army Corps of Engineers ,d'dsarff@skokomiosh.org SEPA Reviewer-Jason Sweeney Skokomish Tribal Historic Preservation Officer PO Box C-3755,Seattle,98124 ATTN: Kris Miller Jason.t.sweeney@usace.army.mil 80 N Tribal Center Rd,Skokomish Nation,98584 shlanay1@skokomish.org WA Dept.of Fish and Wildlife r7 Quinault Indian Nation SEPAdesk@dfw.wa.gov ATTN: Mark Mobbs PO Box 189,Tahola, 98587 WA Dept.of Fish and Wildlife mmobbs@quinault.org ATTN: Chris Waldbillig Squaxin Tribal Nation,Natural Res.Dept. 450 Port Orchard Blvd,Suite 290 2952 SE Old Olympic HWY,Shelton 98584 Port Orchard,WA 98366 jdickison@squaxin.us hris.waldbillig@dfw.wa.gov emarbet@squaxin.us szaniewski@squaxin.us WA Dept.of Fish and Wildlife rfoster@squaxin.us ATTN: Darrin Masters The Confederated Tribe of the Chehalis 450 Port Orchard Blvd, Suite 290 ATTN: SEPA Reviewer-Glen Connelly Port Orchard,WA 98366 420 Howanut Rd., Oakville,98568 Darrin.Masters@dfw.wa.gov gconnelly@chehalistribe.org WA DNR,South Puget Sound Region 0 WA Dept.of Fish and Wildlife 950 Farman Avenue N, Enumclaw,98022-9282 ATTN: Allison Cook southpuget.region@dnr.wa.gov (Habitat Biologist-S Puget Sound Watershed) WA DNR,Aquatic Resources 1111 Washington St SE,Olympia WA,98501 PO BOX 47027, Olympia, 98504-7027 Ilison.cook@dfw.wa.gov ard@dnr.wa.gov DNR, WA DNR,SEPA Center WA Dept.of Transportation ATTN: External Coordinator ATTN: Dale Severson PO BOX 47015,Olympia,98504-7015 P.O. Box 47440. Olympia 98504-7440 sepacenter@dnr.wa.gov OR-SEPA-REVIEW@wsdot.wa.gov Olympic Region Clean Air Agency ATTN: Lauren Whybrew City of Shelton 2940-B Limited Ln. NW, Olympia. 98502 ATTN:Jason Dose �lauren.whybrew@orcaa.org 525 West Cota St.,Shelton 98584 Mason County Transit jasond@ci.shelton.wa.us ATTN: Danette Brannin 90 E Johns Prairie Rd,Shelton,98584 Port of Shelton dbrannin@masontransit.org ATTN: Brandon Palmer Mason County PUD#1 21 West Sanderson Way,Shelton 98584 ATTN: Darrin Hall BrandonP@portofshelton.com N 21971 Hwy 101,Shelton,98584 darrinh@mason-pud1.org Dep't of Archaeology&Historic Preservation Mason County PUD#3 P.O.Box 48343,Olympia,98504-8343 TTN: Kristin French SEPA@dahp.wa.gov kristin.french@masonpud3.org WA Department of Ecology 0 Tacoma Public Utilities-Real Property Services Environmental Review Section ATTN: Dave Letterman PO BOX 47703, Olympia, 98504-7703 3628 S 35th St,Tacoma, 98409-3192 WA letterm@cityoftacoma.org WA Department of Health Mason Cty P.W.ATTN: ATTN:Joe Laxson oe.laxson@doh.wa.gov Q Mason Cty E.H.ATTN: Other: VC4A (I31n s IJV\ 0 Mason Cty Bldg ATTN: gent: Applicant: Q School District: MC DCD last updated on 2/28/19 F_X 1:1 11 'y Z,Z Z MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2019-00012 Description of This SEPA is associated with an application to release a Proposal: 10-acre parcel from a 10-year development moratorium,which was the normal consequence of a Class III FPA(#2416867).The parcel is bisected by the historic r/w of Roy Boad Rd and raises steeply to the east, bordering SR 3.The logging that was permitted by DNR in 2014 lies between the old county r/w and SR 3 and was described as a "70%thin".Staff has inspected the site and found no environmental damage. Mud Bay Geotechnical Services LLC was hired to write a geological assessment which was found to be complete by county staff.The engineer did not find a landslide hazard area associated with this parcel. No other critical area issues.The new owner has a long-term goal to develop the site,which will be reviewed under a separate SEPA.The full release of this moratorium is subject to public hearing before the Mason County Hearings Examiner,scheduled for May 8, 2019. Proponent: PCI LLC Location of Proposal: Sec. 28,Twp. 23N., Rng. 1W., W.M. Parcel Number: 12328-23-00011 Legal Description: Portion of SW%, NW%,Sec 28,Twp. 23N., Rng 1W., W.M. Directions to Site: Clifton Ln to the end of the County portion of NE Roy Boad Rd in Belfair. Parcel is on right. The Lead Agency for this proposal has determined that it does not have a probably significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c).This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency.This information is available to the public upon request. Please contact Michael MacSems at ext. 571, or mms@co.mason.wa.us with any questions.This DNS is issued under WAC 197-11-340(2).The Lead Agency will not act on this proposal for 14 days from the date shown below,when the determination is final.Comments must be submitted to Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 4/26/2019.Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Date:4/12/2019 Kell Rowen,Planning Manager,Dept of Community Services /Z` SEPA ENVIRONMENTAL CHECKLIST lt.sason countv Permit Center Use: SEP 20 M - ObD (TM) ❑ Single Family DNS: $600.00 Parcel#: 11520- L5 -Ll oo d ❑ Other DNS: 0 to 9.99 acres: $730 Date Rcvd: 10 to 20 acres: $880 Over 20 acres: $l 100 ❑ DS/EIS: $5000 + $90 per hour Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For non project proposals such as ordinances regulations, plans andprograms), com lete the applicable P 1 P P ( 9 , P p pp parts of sections A and B plus the =NTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements —that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 1 of 14 A. Background HELP 1. Name of proposed project, if applicable: N/A. 2. Name of applicant: PCI, LLC. 3. Address and phone number of applicant and contact person: 1415 College Street, Lacey, WA 98503 Contact: Dean Mauerman, 360-280-0784 4. Date checklist prepared: 2/28/19 5. Agency requesting checklist: Mason County Planning Department 6. Proposed timing or schedule (including phasing, if applicable): Proposed Moratorium Removal: As soon as possible. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. PCI, LLC intends to build multi-family housing consistent with the vision of the Mason County Comprehensive Plan, similar to Hearthstone Appartments, Tumwater, WA. See www.hearthstonelife.com. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A wetlands evaluation and formal report has been accomplished. The report confirms there are no wetlands on, or within 300 feet of the boundary of the property. Additionaly, a geotechnical asseesment has been accomplished for forest practices moratorium removal. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any government approvals or permits that will be needed for your proposal, if known. The proposed moratorium removal only requires a Forest Moratorium Release Application. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) PCI, LLC proposes moratorium removal in support of the previously approved zoning density change. The parcel is 10.0 acres. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 2 of 14 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Parcel 12328-23-00011 is located in the Belfair UGA, on Roy Boad Road, begining where the road changes from asphalt to gravel. TR4 of SW NW, West of WA-3. Maps of the parcel are shown in the attached Storm Water Site Plan and Geological Assesment. B. Environmental Elements rHELPJ 1. Earth hf elpl a. General description of the site: (circle one): Flat, rollin , hilly, eep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? Slope vaires from flat on the Western portion to around 30% on the Eastern portion near WA-3. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Various soil types, see attached Geological Assesment. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There are no indications of unstable soils in the immedaite vicinity, see attached Geological Assesment. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. N/A for moratorium removal application. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. The parcel was logged in 2014 and no erosion has occurred, see attached Geological Assesment. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A for moratorium removal application. Unkonwn for future uses. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 3 of 14 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Not required, see attached Strom Water Site Plan and Geological Assesment. 2. Air hf elpl a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. N/A. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known. c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A. 3. Water Jb@jpJ a. Surface Water: ltgjo 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No. 2)Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No, see attached Storm Water Site Plan. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 4 of 14 EAl b. Ground Water: hf elpl 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater?Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A. c. Water runoff (including stormwater): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Ao @vr AwLic c(,(- See attached Storm Water Site Plan. 2vo ai cvt , 2) Could waste materials enter ground or surface waters? If so, generally describe. N/A. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. N/A for moratorium removal, no changes/work will be accomplished to the parcel. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: N/A, site is stable, see attached Storm Water Site Plan. SEPA Environmental checklist(WAC 197-11.M)(MC version) July 2016 Page 5 of 14 4. Plants h� elpl a. Check the types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other �—shrubs grass pasture crop or grain Orchards, vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? N/A for moratorium removal application. rkw� c. List threatened and endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A for moratorium removal application. e. List all noxious weeds and invasive species known to be on or near the site. None known. 5. Animals hf elpl a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. ? Examples include: 04eVv Satiny y) J birds: hawk, heron, eagle, songbirds, other: ���� mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other None known. b. List any threatened and endangered species known to be on or near the site. None known. c. Is the site part of a migration route? If so, explain. None known. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 6 of 14 E)( d. Proposed measures to preserve or enhance wildlife, if any: N/A for moratorium removal application. e. List any invasive animal species known to be on or near the site. None known. 6. Energy and Natural Resources h� gjj2 a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A for moratorium removal application. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A for moratorium removal application. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A for moratorium removal application. 7. Environmental Health hf elpl a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. None known. 1) Describe any known or possible contamination at the site from present or past uses. None known. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None known. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None known. 4) Describe special emergency services that might be required. None known. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 7 of 14 J ex - 11 6) iG/Z 5) Proposed measures to reduce or control environmental health hazards, if any: N/A for moratorium removal application. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A for moratorium removal application. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. N/A for moratorium removal application. 3) Proposed measures to reduce or control noise impacts, if any: N/A for moratorium removal application. 8. Land and Shoreline Use hf gj a. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The site is vacant land. Adjacent properties are primarily residential. The proposed moratorium removal will have no effect on adjacent properties. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? None known. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: No. c. Describe any structures on the site. None. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R-10. f. What is the current comprehensive plan designation of the site? Belfair UGA, zoned R-10 SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 8 of 14 all Y114 '2 g. If applicable, what is the current shoreline master program designation of the site? N/A. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. None known. Steep SjoS i. Approximately how many people would reside or work in the completed project? N/A for moratorium removal application. j. Approximately how many people would the completed project displace? N/A for moratorium removal application. k. Proposed measures to avoid or reduce displacement impacts, if any: N/A for moratorium removal application. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed moratorium removal supporting the zoning change is consistent with vision of the Mason County Comprehensive Plan. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: N/A. 9. Housing hf elpl a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. N/A for moratorium removal application. Any future devemopement by PCI, LLC would require 100 unit mutli-family developement and would strive for a mixture of low and middle income rents. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housingi acts� if any: N/A for moratorium removal application. Any future devemopement would be consistent with vision of the Mason County Comprehensive Plan. 10. Aesthetics h( el a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N/A for moratorium removal application. Any future devemopement would not exceed 3 stories. b. What views in the immediate vicinity would be altered or obstructed? None. b. Proposed measures to reduce or control aesthetic impacts, if any: N/A for moratorium removal application. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 9 of 14 11. Light and Glare h[ elpl a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A. b. Could light or glare from the finished project be a safety hazard or interfere with views? NIA. c. What existing off-site sources of light or glare may affect your proposal? N/A. d. Proposed measures to reduce or control light and glare impacts, if any: N/A. 12. Recreation JtLel a. What designated and informal recreational opportunities are in the immediate vicinity? N/A for moratorium removal application. b. Would the proposed project displace any existing recreational uses? If so, describe. N/A for moratorium removal application. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A for moratorium removal application. 13. Historic and cultural preservation LLLel a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. None known. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None known. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Detailed site visual inspection, records research, GIS data, historic maps, interviews with the family that previously owned the parcell for approximately 80 years, and the Geological Assesment shows no evidence of cultural and historic resources. SEPA Environmental checklist(WAC 197-11.960)(MC version) July 2016 Page 10 of 14 d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A, see 13.a, 13.b, and 13.c above. 14. Transportation he► a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The only public access is via Roy Boad Road. WA-3 runs along the East boundary of the site and is not affected by this moratorium removal application. Future developement would not change site access. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The site is currently served by the nearby Mason County Park and Ride, approximately one block South on Roy Boad Road. Service includes Mason County Transit and Puget Sound Naval Shipyard Worker-Driver busses. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? N/A for moratorium removal applicaton. Future developement would add parking spaces in accordance with Mason County Code. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). N/A for moratorium removal applicaton. Future developement would likely extend the paved portion of Roy Boad Road in accordance with Mason County Code. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? N/A for moratorium removal applicaton. Future developement would address traffic impacts. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No. h. Proposed measures to reduce or control transportation impacts, if any: N/A for moratorium removal applicaton. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 11 of 14 15. Public Services LLLel a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. N/A for moratorium removal applicaton. Future developement would address these impacts. b. Proposed measures to reduce or control direct impacts on public services, if any. N/A for moratorium removal applicaton. 16. Utilities !]el a. tilities currently available at the site: electric y, natural gas, water, refuse service, t lephon , s nitary se r, septic system, o er VaNEEMENNEWENOW c. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A for moratorium removal applicaton. Future developement would specifically address utility needs, however city water, sewer and storm drain systems are located nearby the site. C. Signature ltaP The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: DA.. Name of signee Dean Mauerman Position and Agency/Organization Member, PCI LLC. Date Submitted: D. Su lemental sheet for nonproject actions ItELf2j (IT IS NOT NEC ARY to use this sheet for project actions) Because these estions are very general, it may be helpful to read them in conjunction with the list of the a ents of the environment. When answering these q stions, be aware of the extent the proposal, or the types of activities likely to result from proposal, would affect the item at a greater intensity or at a faster rate than if the propos were not implemented. Respond briefly and in general terms. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 12 of 14 J PCZ LLB 5 �� 1 �► ) Z fix # ►! { � '� ' � Map Output !E x 1 Page 1 of i \ { FOREST PRACTICE ACTIVITY MAP TOWNSHIP 23 NORTH HALF 0, RANGE 1 WEST(WM.) HALF 0, SECTION 28 Application#: 9141 Awl 20 F r4 21 '- ""` u a 1708740 + �✓ a f ..41 $ +708028 — 0872 , 17 2+ 27 1 �r • fi f + 8 2 t 708808 j 7 0 708 2 • + + • • a/ • al J 93 92 � f Please use the legendfrom(nthe FPAe Instruction or provide a list of symbols used. _ Thursday,March 27,2014 3:50:27 PM �" �X�s�►►tij RCS -z+ NAD83 NO �aJy� /� m (N R l S�G rs Contour Interval:40 Feet Larlv, http://fortress.wa.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=fparsactbw&Client... 3/27/2014 0e°p coa MASON COUNTY (360)427-9670 Shelton ext. 352 L COMMUNITY SERVICES DEPARTMENT (360)275-4467 Belfair ext. 352 Mason County Bldg. 8, 615 W.Alder Street (360)482-5269 Elma ext. 352 Shelton, WA 98584 www.co.mason.wa.us au ` NOTICE OF APPLICATION FOREST PRACTICES TEN-YEAR MORATORIUM RELEASE March 28,2019 This is a Notice of Application as required by the Mason County Development Code 15.07.010.Notice to be posted on site and mailed to all property owners of record within 300 feet of subject property. Applicant Name: PCI LLC Date of Application: March 15,2019 Date of Finding of Completeness: Pending Parcel Number(s): 12328-23-00011 Case Number(s): DRV 2019-00001&SEP 2019-00012 Location of Project: SW 1/4,NW 1/4,Sec 28,TWP 23 N,Range 1 W.W.M. Description of Project: The owner of this 10-acre property has applied for a release from a ten-year development moratorium,which was incurred as a normal condition of a Class III Forest Practices Application(#2416867).The Moratorium became effective on 5/09/2014.The procedure for the Release from Moratorium is per Mason County Ordinance MCC 11.04.The moratorium would otherwise expire on 5/09/2024. Approvals,Actions and Required Studies: A hearing will be held on May 8th(separate notice will be sent),to consider this request.The Hearing will be held before the Mason County Hearings Examiner in the Mason County Commissioners Chambers(411 N 51h Ave,Shelton).This project is also subject to SEPA review with final approval by the Director of the Mason County Department of Community Development. Public Comment Period: ' Comments can be directed to the Staff member listed below. Existing Environmental Documents: SEPA Checklist,Geological Assessment ' County Staff Contact: Michael MacSems,360-427-9670 ext 571 or mms@co.mason.wa.us Date,Time&Place of Scheduled Public Meeting:5/8/19(separate Notice of Hearing to follow). Timeline for Final Action: Final action shall follow within(the standard) 120 days from date of a Finding of Completeness(plus stays-clock stops—for preparation and review of any r uired studies). Signed By: Date: __ FU'7ntitled � �. ��,�• �Map Legend� _ - _ -Write a description for your map. v ri Qtl red •- F` .a k _ w r i v � ��rh�" ✓' �, A Jam-' •V��. � '• s - s� 07 iYi w �z • �e �r ��'�� jam.(♦ ?. 1 5' w 2 Y A W r/.;� �i�.1 •tJ.r,;,: ✓YC... � -..., .A' Y''::. % L �".•�� 1 .;��d aosTt' - r NA, IL .F �t y ° - , y ,r:•f ` --1MN y' � L` t r t/�'r f ',ate-� �'V k .. b= 123282204,. 123291100000 , 123282203010 2 Ai { •, r Lu • ,,'T Wig. � � r' j � _g_ '"� ,. ... 123291491030 123282300011 T2N 123282 Y, J.1 t tiF cKF '1R K 123282360010 .: ._ 123289999999 J 123291400020 12328239001 — p 23282390010 ny 123285000003 123291490130 A. Q' 123282390011 123291490060 J� 123291490120 "" / � V � 123282390003� 123290060010 12�2K'390012 ,, Source Esn DigitalGlobe eo.R- e ,c a 'USDA USGS.AEX, Getc apping erogrid, I 123291490120 swissto o, and the GIS User CoJ"m n -it 123291400100 123291400090 P ��� � '`' b Cl) p O O O O 00 M N M N U O Q � M N 00 o N N � N M S� S N M N CD N M N O L W CD O O N_ O04 O O Q tM a'j CNDC-4 Go N N M 9 eN- N O O fM O CND O M O N (O oa oboe.�oa 3ry co O N ce) O O � N CC CD p O p N p O O N M N O 00 N N N N 00 00 04 ONO N M N N N N g N CO � O 0 + O O O N O M N N M � N O M O O O N O 01 O Y N N M O O O. O T, O � W O � M M Z N N N Cl) M O O CA � CO (NM O ( � M N Department of Archaeology and Historic Preservation 123282200030 WILLIAM E CADY 123282200020 1211 OHIO AVENUEBREMERTONWA983771337 BEN A & MELODY J VAN HORN 862 ORCHARD LNUNDERWOODWA986519241123282204000 123291100000 PEARL M LEWIS CECIL B NANCE PO BOX IBELFAIRWA985280001 C/O FRANK A SHIERSPORT ORCHARDWA983665397 123282200010 TORPEY, ROBERT L & MARTA M PO BOX 893BELFAIRWA985280893 123280060000 123282300011 UNITED STATES OF AMERICA MILLARD, ROBERT EDWARD PO BOX 11249OLYMPIAWA985t?81249 2135 LINCOLN AVE SEPORT ORCHARDWA983663058123282300011 'W' T23R41W ma"0t)MILLARD, ROBERT EDWARD 2n 2135 LINCOLN AVE SEPORT ORCHARDW�A983663458 T2:�RO1W 123291401000 2s 123289999999 DAVIES, DREW J & LINDA ELBERT P O BOX 1095ALLYNWA985241095 123282390010 EGER, RICH ARD B & PATRICIA A 8128 187TH ST SWEDMONDSWA980265843123285000003 'p 123291400020 SANDS TROM,JEROME D & JANET TRS FIVE C'S PARTNERSHIP��- PO BOX 41006RE E- RTO►NWA98312010 %sWALLACE & ANDERSONBREMERTONWA983371903 ow 123282390011 123291490060 NORTH RIDGE PROPERTIES, LLC HINTZ, GARY M & JANA R PO BOX 488BELFAIRWA985280488 P O BOX 1070SEABECKWA983801070 J April 9, 2019 1A373 J 0 0.035 0.07 0.14 mi Determined Eligible Township Range & Sections ;—, �! ,T _—; 0 0.05 0.1 0.2 km J Determined Not Eligible County Sources:Esr1 HERE,Garmin,Intermap,increment PCorp.,GEBCO USGS FAO,NPS,NRCAN,GeoBase,IGN,KadasterNL,Ordnance Survey.Esn No Determination 1 .Z�O-Z _ ! .t��x, ��`:� �°'' � 1F'kw Y� F" ,��'��,y _:M' •r3.p y r y_yt��t w r ,.3�CvvF � /! �l/I - l�� r. ✓/. ..��� LAC/`;.���''� i 4 Y! , t y ' 9 ✓� � 144i Y v. �.♦ y +.� fit � r+�t � �•.. Z � �Y h�'`N}yam � :�... °�� j 6 �,',�'a, '1� M J l her � � aP s �x: � � 'gy` 1`t��- [ 4 y ¢ �•V .��'a��a� �....X it R �. .T`� p ^�.r° ��' ��'�'! I+ F •��.iz'Mv. ..w.a Sad ...�� ,ir .- ..� - r x 'ar�.:.__ a �_'^- � 1/.rIMEM 1 Mud Bay Geotechnical Services, LLC April 3, 2019 Job: 1043-MAS Page 1 PCL LLC c/o Dean Mauerman 1415 College St. SE, Lacey, WA 98503 Subject: Geological Assessment NE Roy Boad Rd. Belfair,WA (Parcel# 12328-23-00011) Dear Mr.Mauerman, Per your request, Mud Bay Geotechnical Services, LLC is providing a soils opinion to meet the permit requirements for tree clearing parcel (12328-23-00011) located at NE Roy Boad Rd, Belfair,WA.This report addresses Mason County comments on the original report dated February ary 28, 2019. The report specifically addresses Mason County code section 8.52.140, which pertains to the requirements for land development on or near steep slopes and or landslide hazards. Any development within a geologically hazardous area or within three hundred feet of the geologically hazardous area requires a geological assessment or a geotechnical report, or both. Geologically hazardous areas are defined as any area with a slope of 15 percent or greater and with a vertical relief of ten feet or more and the following: any area with a slope of forty percent or steeper and with a vertical relief of ten or more feet except areas composed of consolidated rock. A geological assessment is also required for tree clearing parcels of this size. We understand that the current scope is to obtain a permit for clearing the land in preparation for future development. The purpose of this report is to assist you in meeting the minimum requirements of the Mason County ordinance for the tree clearing phase. A geotechnical report will be required for the site development,which will be developed under a separate scope. Z °l -y ) F Z /1Z . i 2 The property is not located within a mapped landslide area, marine bluff area, or erosion hazard area. This report does not address any other permit requirements that may need to be provided in the permit package to the county for permitting. Location and Description The property consists of a total of 10.0 acres on parcel 12328-23-00011 located at the address of NE Roy Boad Rd.,Belfair,WA.The parcel location is identified on the Site Location map included as Figure 1 attached to this report.At the current time the site is accessed in an area where a paved road ends and an unpaved access road has been cleared. The steep slope area consists of slopes projecting downward to the west from SR-3 down to the NE Roy Boad Rd. access road. The western half of the parcel consists of slopes around 15 percent or less,while the eastern half of the parcel consists of slopes with 15 to 40 percent. There are no mapped waterbodies or wetlands within the vicinity of this parcel. Surface Conditions At some time in the past,the parcel was partially cleared. Scattered conifers such as Douglas fir, cedar, and Western hemlock varieties are still present, which will to be removed as proposed in the scope of this current project.The regrowth on the site since the time of partial clearing consists primarily of deciduous varieties such as Big Leaf Maple, and various smaller conifer trees. Underbrush and surface vegetation consists mostly of native Himalayan Blackberry,English Ivy, and Sword fern. Site Geology As part of this project, a review of the available geologic data was performed and a site-specific geologic map was prepared.The project vicinity Geologic Map is attached as Figure 2.This figure indicates the project vicinity consists of Quaternary Alluvium and Pleistocene Continental Glacial Drift.Conditions observed at the site are generally consistent with the mapped geology at the site. Along with the site geology, the site soil data was also reviewed for this specific site and is represented in attached Figure 3,USDA Soil Map.The soil in this area was mapped by the United States Department of Agriculture,USDA,and consists of Alderwood gravelly sandy loam with 15 to 30 percent slopes,Everett very gravelly sandy loam with 8 to 15 percent slopes,Indianola sandy loam with 0 to 5 percent slopes,Mukilteo peat with 0 to 2 percent slopes,and Saxon silt loam with 5 to 15 percent slopes. Conditions observed at the site are generally consistent with the mapped soil at the site. It should be noted the percent slopes mapped with these soils is an approximation. Surface Water and Groundwater Conditions The Everett very Gravelly sandy loam and Indianola sandy loam soil units mapped at the project site and vicinity both generally consists of soil materials exhibiting somewhat excessively draining characteristics. The regional groundwater table at the site after initial installation of a monitoring well was found to be at approximately 21 feet.No surface seepage was noted at time of site visit. See the Surface and Subsurface Exploration 1 ration below. Based on a review of the available maps and p data for the site,there are no upland water bodies in the vicinity higher in elevation than the project site. qC I PLC 5� �Xlz, ® 3 /IZ 3 Surface and Subsurface Exploration As part of the investigation,a site visit was performed on February 22,2019 to observe the surface and subsurface conditions on the parcel.At the time of our site visit,a primitive pathway had been cleared at the bottom of the hillside on the east side of NE Roy Boad Rd. Within this cleared pathway a track mounted drill rig was brought in and a 45-foot drilled boring was completed (designated B11-1-19). A groundwater monitoring well was installed in BH-1-19. Surface soil samples were also collected throughout the parcel. See Figure 4, Site Exploration Map for drilling and surface sample locations throughout the parcel. Manual measurements of the groundwater will be recorded on approximately a biweekly basis over the upcoming months in order to satisfy Mason County requirements and Department of Ecology requirements for monitoring the groundwater throughout one wet season, and for a total duration of at least one year. The well was given a Washington State Department of Ecology Unique Well ID#BLI-521. Standard Penetration Tests (SPT) were performed at 5-foot intervals. The split spoon samples recovered from the boring were field classified using the ASTM D2488 Visual-Manual procedure for identification and classification of soils in accordance with the Unified Soil Classification System (USCS).The soil throughout the parcel is consistent with the geologic units found in the Geologic Map,Figure 2,and have been characterized below.Based on the recovered soils samples and drilling conditions observed in boring B11-1-19,the stratigraphy in the immediate vicinity of the boring location consists of approximately 5 to 7 feet of poorly to well graded sand with gravel, underlain by approximately 14 feet of soft to very soft elastic silt and clayey silt.The silt and clay is underlain by very loose to very dense poorly graded sand to the final depth of the boring at 45 feet below the current ground surface.Very dense soils are present starting from a depth of 35 feet below the ground surface. Groundwater was encountered at the time of drilling at 21 feet below the ground surface, immediately below the confming silt and clay layer. As previously mentioned, the groundwater depth will be recorded on a bi-weekly basis. A copy of the final boring log, details on the drilling methods and well installation, and final groundwater measurements will be provided as a separate deliverable or included in the final geotechnical report for the site development of the parcel. The stratigraphy at shallow depths on the slope can also be viewed within soil exposures at selected locations, or by removing the surface vegetation and forest duff overburden locally to expose the underlying native deposits. The surface of the slope consists of soft and spongy organic soil resulting from decay and weathering of the forest floor and surface vegetation.This organic layer is limited in thickness and is underlain by native glacial deposits. Three surface samples were collected (designated S-1-19, S-2-19, and S-3-19). The near surface samples were found to be consistent throughout the parcel, consisting of moist, reddish brown, gravelly sands with no plasticity, (SM), note: grain sizes range from medium grain sand to medium grain gravels. The locations can be seen on Figure 4, Site Exploration Map. �C LI.L SE-- P C-k (T 3 /1Z 4 Landslide Hazard Assessment As part of the investigation of the site, we reviewed the lidar, and landslide hazard mapping available from the Washington Department of Natural Resources available at the 1:100,000 scale. The lidar data for the site vicinity does not appear to show any typical expressions characteristic of deep-seated landslide slumps. The landslide hazard mapping inventory available from the Washington State Department of Natural Resources was used to create a site-specific map of the potential landslide hazard at the site and surrounding vicinity. The Landslide Inventory Map is included as Figure 5 attached to.this report. The Landslide Inventory Map does not indicate a potential for landslides at the property site and vicinity. The steep slopes on the western half of the parcel are minimal with a 15 percent or less slope;the eastern half is much steeper with slopes ranging from 15 to 40 percent.A site-specific map of the slope percentage is mapped in Figure 6,Steep Slope Assessment.Vegetation should be encouraged to prevent any serious erosion issues. It's likely within the spring and summer months natural revegetation of the hillside will continue and any erosion is likely to be limited to the 2 to 4 feet of looser material and overburden on the slope. There does not appear to be any over steepened cuts in the site vicinity which could adversely affect the slope of the'property. Geotechnical Recommendations Based on a site reconnaissance, subsurface exploration, discussions with the property owner, and a review of all of the site geology and other readily available information presented previously, in the opinion of Mud Bay Geotechnical Services, LLC the potential steep slope hazard is minimal throughout the property.Tree clearing the parcel as proposed should not result in an unstable slope condition for the parcel or surrounding vicinity. Prior to site development of the parcel, we recommend allowing the ground surface vegetation to continue to develop in order to reduce the potential for surface erosion. The tree clearing activities should be done in a way to reduce the amount of surface vegetation removed to the extent possible. Selected areas of bare ground that are found to be susceptible to erosion after the tree clearing should be actively protected by placing and pinning coir,jute, or turf reinforcement mat on the surface of the affected areas to reduce erosion and promote the growth of surface vegetation. The tree clearing will result in a change in the surface stormwater runoff, which will need to be managed as part of a stormwater site plan prepared by others.In the event the site was to be developed with structures,then this steep sloped area of the parcel will require additional geotechnical recommendations. Recommended Additional Services Mud Bay Geotechnical Services, LLC is available to assist you with the geotechnical design for any additional site features or structures requiring design as part of the final permitting for site development.We can also assist with determining the recommended soil infiltration rate for storm water infiltration design and perform a groundwater mounding analysis, if required. s Intended Use and Limitations This report was prepared based on observations of the surface and subsurface conditions at the site, review of geology and other information available for the site, and conversations with the property owner about the soil and surface water conditions on the property and the nature of the proposed development.The geotechnical recommendations in this report are based on the current site conditions and understanding of the proposed development as described previously. Any modification of the current property conditions or the nature of the proposed development beyond what is described in this report would render these geotechnical recommendations invalid. It should not be used, in part or in whole for other purposes without contacting Mud Bay Geotechnical Services, LLC for a review of the applicability of such reuse. We have enjoyed the opportunity to work with you and serve your geotechnical needs for this project.Please contact me at your earliest convenience if you have any questions or would like to discuss any of the content of this report. Sincerely, Chris Heathman,P.E. Mud Bay Geotechnical Services, LLC SEA d O W ASy�y�q�y �p 46 65 hlA1. (� C L i N v f ri Site Location Al R M• ,V _ Ff /.IAA• � V Mud Bay Geatechnical Services, LLC JOB#: 1043-MAS I Date: January, 2019 Figure 1: Site Map NE Roy Boad Rd, Belfair, Washington Site Development Geotechnical Report v J J V d rJ tJ LEGEND 0 Site Location � Parcel Boundary Geologic Units 24k Quaternary bog,marsh,swamp.or lake deposits Cr Ouatemary aq M= Pleistocene continental glacial drill Pleistocene continental glacial till Rl• � Esh� Mud Bay Gtotechnical Services, LLC 1 YYafr^ymn�::.siah of�pCY a^:Earc�F.yaurca`i. S011rcll . giCib6s O.. soEt+.Eriytar �r^' Ge ;,,Zhws 7:NFnIA11,.1'J6 ;1='S_ Awn::^i iGN Ydr.G.S.UI-C� -' o n.nrrs 0.09 0.18 Wes JOB#: 1043-MAS I Date: January, 2019 IYAM1IUNWON M1IATf U[.A11,N1(N,�f Figure 2: Geologic Map 040 nATURAL RESOURCES Washington Geologic Portal NE Roy Boad Rd, Belfair, Washington W Site Development Geotechnical Report V) J W j QS Jo s SoP Map—Ryon County.Wasnlnpton d® S}S SD6 StEL SIM S= V= Su Stm erra. c ter♦ LEGEND ri ej Ac—Alderwood gravelly sandy My "' loam, 15 to 30 percent slopes W Eh—Everett very gravelly sandy A loam, 8 to 15 percent slopes Id—Indianola sandy loam, 0 to 5 percent slopes Sa ' Eh Ac p Mg—Mukilteo peat, 0 to 2 percent slopes -p Sa—Saxon silt loam, 5 to 15 percent slopes ri / Parcel Boundary v" i slum "� S"® °� °�" "� Mud Bay Geotechnical Services, LLC � swpvrs':r.ac aRrtam Alltllf]V i:'�s.";Sn+t + W a N a JOB#: 1043-MAS Date: Janua 2019 VI Figure 3: USDA Soil Map rrp want wOVAR,v casaraa�- wOM ww§M Z"Mwaa+ NE Roy Boad Rd, gawmilAl" wm" Web SoilSurny tn�roa Belfair, Washington s� Conservation S►Mce Natiorai Cooperatwe Soit Survey Pape 1 Of 3 ' Site Development Geotechnicai Report I-4 A � �► .,�fz�' LEGEND � x y - - Site Location Sample Collection Location S-1-19 BH-1-19 S-1-19 1141) S-3-19 U iTwlo Mud Bay Geotechnical Services, LLC F JOB#: 1043-MAS Date: January, 2019 �. ' Figure 4: Site Exploration Map p,. NE Roy Boad Rd, W Belfair, Washington Site Development Geotechnical Report J J I-4 Z D w LEGEND Site Location �+ 1:24.000-scale and Watershed Analysis Study Extents p Miscellaneous Landslides O 1:24.000-scale Landslides from Geologic :r Mapping ,e Watershed Analysis Landslides w, Mud Bay Geotechrtical Services, LLC 0 0.36 0.7 1.4 Miles JOB#: 1043-MAS Date: Januarv, 2019 WASH GTON STA7C DEPARTMENT Or e a naTURAL RESOURCE! Figure 5: Site Landslide Map s w�4ms�TAs fic OeGc xi suRvc. NE Roy Boad Rd, h•� Washington Geologic Portal g Belfair, Washington � Site Development Geotechnical Report t/) CJ J t� C I ..�;: 1 1, ' � , � � 1 * '- � 1 t r j �`• '� +r } t LEGEND 1 tip.. ti`1';�• _ t• t, i •� �� - - _ .' •�,'./''�~_��` _mot t, '�,' I,frlt i t ' y ` I• ''_ ,1. t I 111 + /'• _,' •`fir , r Slope <15% r Slope 15-40% -- T.r• •.�., i�a J • r r � r r f JJ f/•;r + + �'. ( 1 , 1 r r . tr f r • r' 00000 Parcel Boundary l , tj; rr'•t.! r / Line of Assessment rL — � � 1 i 'f }tllr�:;.i1:•II��/ter +l )� 1 f I ►� � t i�'r•�� •rf•' { I•tr r �• '' •f• .ter = � 1 1 :Ii I � ' •� '`� ~.\� � Mud Bay Geotechnical Services, LLC s Tax Parcels (Zoom in to 1:30.000 1 3 age JOB#: 1043-MAS Date: January 2019 0 O-G3 C.05 0.1 MI Figure 6: Steep Slope Assessment Contours 5 ft Mason County,WA GIS Web Map �0 of 0.139 0.16 rr NE Roy Boad Rd, VJ Belfair, Washington Site Development Geotechnical Report V !-4 V d 3/27/2019 Mud Bay Geotechnical Services,LLC I Engineering-Residential Mud Bay Geotechnical Services, LLC Engineering-Residential f x .i. 1 I Mud Bay (P )VI L Geotechnical Services, LLC 2724 Langridge Loop NW Olympia, WA 98502 (360) 481-9784 Map Printed courtesy of omb.org/— Contact the Olympia Master Builders for more information. 1211 State AVE NE, Olympia, WA 98506 — (360) 754-0912 — FC 0 -zo6 - r)oc1Z � � � zA business.omb.org/list/member/mud-bay-geotechnicaI-services-IIc-99005?rendermode=print 1/1 i (A I IS SW 1/4 NW 114 SEC 28 TWN 23N RNG 1W WM SITE DATA CONSTRUCTION NOTES SITE DIRECTIONS PARCEL 1. 12o2B2GO00T 1. THIS KANIS D.AGRAN—DON—DR,a RESPwH FOR FPA STORMWATER REQUIREMENTS t FROM INTERSTATE 1.T—EST-TOWARD WAa W. o-p 3 A STE ADDRESS: WA COMPLETING ALL WDRRINA-O—NCE WITH ALL APPLICABLE TIESTEWASPREVIGE&YO.EAREDANDISCURRENfLYVEGE'—:0',HO 1. FOLLOW 9GN5 FOR WAIAW/DG HAI®OR.BREiBRTON SELFAIR WA SSSHI CODES AND—,ADON. REMOVAL OF TREES OR OMEN VEOETATIDN IS PLANED AS'A'-I'-.1 1. CONTINNE ONTO WA-13 2 THE CONSTRIJUED NNHG HENl6 SHALL NOT BE OPERATED UNTL APPUCATION.NO CONSTRUCTION,CLEAIONS.OR GRADING OF A—KINDS A. USE T HE LEE T LANE TO TA¢WT 28 TOWARD WAIOW 6 GROSSACRFAGE: 10.00 AC(PER COUSTY DATA? FINIAL MSPECTIONAM/DRALOEPTANCE BY PROJECT ENGINEER PROPOSEDAT THIS TINE. 5. CONTINUE ONTOWA IS. ZONNG: ENGINEER UNLESS AUTHORIZED RESDENTIAL A-B(GS) G. ANY DEVIATIONS TOTHIS FLAN WSL NOT HE ACCEPTED BY PROJECT G. TURN LEFT ONTO WAA ISXSTING USE: ENGINEER BY CONSTRUCTON ENGINEER ROOR wINMUM REDUNEMENTS T, TURN RIGHT AFTER STARWIXS(ON THE RIGHT). fK P PRESIDNOJURS)CTION MASON MUNN.WA LOCONSTRUCiION. FPA B. TURNRIOHT ONTO ROY BDAD ROAD. SITE P THIS RAN IS BA¢D ON THE ASSUNPTION THAT NO GRADING OR C.PREPARE A STORNWATER SITE PLAN. ADDITIONAL LOGGING ACTIM W IS PLANNED ONS TE. TADS REQUIREMENT IS ACCOIWL2HED BY THIS STORMWATER SITE RAN SITE COVERAGE DATA -PREPARE RA A CONSTRUCTKSNSTORMWATER POLLUTION PREVENTION N(�YPPP, V B WSTINOHARDSURFAOS 0.841 HE M.OF SITE) AS THE ASSOCIATED FPA HAS A LOW POTENTIAL FOR SEDIMFNi OR PROPOSED!AEO GURFA 0 W(ON OF STE) SEDIMENT-LADEN WATER LEAVINLS THE STE THIS RE,TIAREMENT IS MET TOTAL HARD SUREACE: S,SY SF(OR GE:STE) THROUGHTHEINCLUSON OF THIS NOTE AND THROUGH DSNISSON OF THE n OFARING AREA: -,097 SF w:N41H1 REQUIREMEN4.NO DSCUSSON OF 12 ELEMENTS B REOUNED.AS NO WORK IS CS .TLY PROPOSED. 3 s1.POLLUTION SOURS CONTROL. — \ EXISTING CONDITIONS DATA wA:NO KNOWN souRCE rocoNTRD. R 1. SURVEY 9N1pNM AS OERCTED IN SURVEY PER GRANDAST VW 14 PRESERVE NATURAL DRAINAGE SYSTEMS AND OUTFALlS SUNNEMNS,PLLC.DATE 200Rfx/D1 THIS LNG VEGETNTB N AUFFER,9ED THROUGH UE LY AT BETWEEN OF THE E%EMIN ARETANDNBU'ETER WHICHISITYDRAULICALLYCHIATT THE 2. LOVATEAN MOLCUTILI IES ISEDPRIOTCALLAIIAPERFORM WEARINGAREAANDFTKEIG 9RffiROW OUtFAL4 WHK:nSATTHE VICINITY MAP PRNATEANDP 111DNT11 DONOD THI"10IXGVATION WESTERN PORTION OF THE 9TE. NLS 1 NOEMS1CAL AREAS ONSTFIED DN OR VATNN100'OF STE. 1. TOR IIC IS PER ONSTE AS MANAGE STORMWATER S TOP06RNLPHY IS PER COUNTY DATA PRACTI MC/1LYFEADG S NANgGESTORM TER ONI 4 ISTNGST FL TW E WITH NO HINDIVM REPORT—OF DFSTEFLOODING OR DRANAGECONCERNS k ASSOCIATED—STE. E I` ` M D 11 I \ GRAYaROAD I 1 11 II f P;PE`L \7tt 1 \ i—E1891G3C I STAQBL�12EQd 1 --�------=--=- $,'RANCS I \ _.L._._._./._L \ I I UaEAkNGu1.. \ \ \ f J if l 1111I I 1 !/ ) /// ice, �/'� 4//�j E ! 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SCALE FEETAAA fill /—\ / ENTRAI/CE _J,�Jllllf(JIII!//%�lllllllllf�Ill�%lIiIIIII�Ij�I , !(i II 111 1\I I \\I !III,!il<<nlilll!il!!111��(i!!/I/// I / POD � PCIo� X 13 1 FLE Dn —g—T NEYV-9 J0.Y3 Al 1 C� G A Z A N frl n N OD Cam¢ G Z N W Z z Z G� o <G G 3 st 9 z �It D It Z — DETAILS Ll.:: ROUP N o 9 $ a Pa,LLc MASON COUNTY TPN lt:123282300011 BELFAIR,WA 98528 w SE,SWts IDS.I—",WA 98W3 J R MIX 41 a �¢ Oil r r ti..l y x Posted public notices y r � 711 3FR Sa / 7♦ a :.,.� "' Fri'.f�s ` / c + ) ♦ �iG' 1 ' t � i � ;c 1'\*��r�>.. k _ a -r Entrance to subject parcel �X � )Li :f�r •''k, •. J�4 R 4 ���I t rA� .� fy, L 4 't...�l• �; 'bf.' . .� �.� a£r' ..Ic�1�p^" `. � ...w{ 1 Y �4`ti t .SJ s. 3 � • $5 a n u }� jt n� '"�'` r 't7'+ ,� Y # w• 'T n r .T•�a r a '.f � �:'i wax „ v $ '`iahti.E j{�2 k-.. P " r ♦. y2 .' r� Y ,i 111 tIk. Iz i tit' • fez h 4 Subject parcel,harvest area looking SW � i Q � X � lot 4 (r:J�a. a:�+ ►._ ,�i1►= ;ei itF tr X1,NAN 51 , ��c r ;ire r i��.. "�► 'S ��' f�' B- ��� v r = z f d r w {a "P� .• L z 7 / �f „ram> �r� • �r...y. 1, r�'��•� -` � ��.• +-� Natural regeneration on harvest unit 44 tie r � ^r y Vf _.� ►� "^ "�-' "', '4 R '1 �F`s R Y.h �` i ,m� 1'r 4 �� �'iY•. k 4 'ry V� �. Fy.r!�{>li�X �' ' r Z,=;� w� t � �� �,� r 4� �f f; � .�i•' s (., ;R. � � �., i R r k2 C � `�J'�� t a t 3' '9� 4' ,yam Subject parcel west of Roy Boad Rd 1 {� a L `A'� � �(�(hl.-. Q"'' ,A +ei t``�K`s \ v.""h .. � V 1 `��e`lI? •/ ,�.. '�E� � f. c., W�I `ik OW x County stonnwater runoff facility on Roy Boad Rd adjacent to subject parcel. �X 14 -7 ,� F, t• 4 123282204000 123291100000 123282200010 . y 123282203010 ° "..•, , 123282100000 123282203010 e S' ,o It 123282300011 r �� 123291491030 '�' 123282300011 �� NE JAKE DRraw `� r.�, -- 123291400020 - 1 �l 23282390010 I 123285000003 123291490130 12329 900 123282390011 ;a � 12328999999i �°"k. 123291490120 .. 12 ..-�90003 123291490120 123282390012 a N , 123291400090 123290060010 AO�� 123282390020 123282390013 ' 123291400030 3282390002 123291406032 123282390022 "S u re: `sr,i DI italGbbe GeoF- e' I cubed a `i iidtJLOC4�0000 123282390023 wisstoLpoL an�d0the GIS'Userr,C��ornmunity23285000002 ` 3/ton-Mason County Journal- Page B-23. PUBLIC NOTICES Practices permit,issued to the previous proper- ty owner(parcel number 12328-23-00011).The property was logged by Robert E. Millard under a Department of Natural Resources adminis- tered Class III forest practices permit#241686 and issued on May 9, 2014. PCI LLC, the new owner, wishes to develop the parcel for multi- family residential.To do this,it is first necessary to remove the ten-year development moratorium from the property. The moratorium would oth- erwise expire on May 9, 2024. A development moratorium is a normal byproduct of a Class II or III Forest Practice,the extended length of this r-_ moratorium is due the fact that it lays within a —+— designated Urban Growth Area.The property is accessed from SR 3, via NE Clifton Lane and NE Roy Boad Rd, in Belfair, Section 28, Town- PUBLIC NOTICE ship 23N.,Range 1 W.,WM.The Mason County Hearings Examiner will render a decision within NOTICE OF PUBLIC HEARING working NOTICE IS HEREBY GIVEN that the Mason deta splease contact tSubdevision/FPA Planner County Hearings Examiner will hold a public Michael MacSems at extension 571 or by e-mail hearing in the Commissioner's Chambers in the at mms@co.mason.wa.us. Written comments Mason County Courthouse Building I,411 North may be submitted to the Hearings Examiner in Fifth Street, Shelton, Washington on Wednes- care the Planning Department up to 5:00 P.M. day, May 8, 2019 at 1:00 P.M. The PUBLIC May 7th. If special accommodations are need- HEARING will be to consider the application ed, contact the Mason County Commissioners' (DRV 2019-00001)by PCI LLC to remove a ten. -rri,— �n k V1 Mason County, WA Code of Ordinances (5 ,X I Page 1 of x' Title 11 - FOREST PRACTICES Chapters: Chapter 11.04- FOREST PRACTICES MORATORIUM Sections: 11.04.010 - Purpose. As of July 27, 1997, all property on which a Class II, III or IV special forest practice approval has been issued (per RCW 76.09), or where the timber harvesting takes place without an application, are subject to a six year moratorium on development approvals. Mason County is required to deny all development permits, including building permits and subdivision applications, on these properties. This is required by state law, RCW 76.09.060. However, the state law also provides for the county to adopt a process by which the moratorium can be waived or removed. This chapter provides a waiver process by which the applicant may obtain the necessary permits to build a single-family home and/or outbuildings on an existing lot during the six-year moratorium. The chapter also provides a moratorium removal process by which an applicant may have the six-year moratorium on development removed, although conditions may be placed on that removal. This chapter also provides for the review of the forest practices prior to the July 27, 1997 consistent with the statute which was in place at that time. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.020 - Short title. This chapter may be referred to as the Forest Practices Moratorium Ordinance. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.030 - Definitions. As used in this chapter: "Applicant" means the person, party, firm, corporation or legal entity, or agent thereof, that requests a waiver or removal of the moratorium. "Board" means the legislative authority of Mason County, the board of county about:blank 4/29/2019 Mason County, WA Code of Ordinances �.# �£, Page 2 of commissioners. "Comprehensive plan" means the current comprehensive plan of Mason County approved by the board pursuant to state law. "Conversion" means removal of trees with the intent or effect of conversion to an actual use or condition that is incompatible with the growing of timber. Land which has been cleared is considered to be converted. "County" means Mason County, Washington. "Critical areas" means the critical area designated by the Mason County Resource Ordinance, #77-93, as amended. Specifically, this includes: wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, landslide hazard areas, seismic hazard areas, and erosion hazard areas. "Development code" means the Mason County development code, Resolution No. 136-96, as amended. "Development permit" or "development permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, septic system permits;well permits, binding site plans, conditional uses, short plat or large lot subdivisions, special use permits, shoreline substantial development permits, site plan review, and site-specific rezones. Director. When not otherwise identified, the "director" shall be the director of the Mason County department of community development. "DNR" means the Washington State Department of Natural Resources. "Forest practice application" means the application required to be submitted to the Washington State Department of Natural Resources (DNR) for the harvest of forest products. "Hearing examiner" means that individual hired by Mason County to review and make decisions on Type III permits and hear appeals of decisions or determinations made under certain titles of the Mason County Code. about:blank 4/29/2019 Mason County, WA Code of Ordinances f-x M( Page 3 of "Moratorium notice" means the form prepared by the Department of Natural Resources and required to be submitted with a forest practice application/notification for a non-conversion forest practice and required to be filed with the county assessor's office as provided in RCW 76.09.060. "Non-forestry use" is an active use of land which is incompatible with timber growing. "Review authority" means the director of community development, director of health services, the fire marshal, and the building official, depending on the responsibility as determined by the respective codes, ordinances, and regulations. "Shorelines" means the shorelines of statewide significance per the Mason County shoreline master program and aquatic management areas per the IRO. "Timber harvest" or "harvest" means the activity pertaining to the cutting and/or removal of forest product which is subject to the moratorium provisions of Chapter 76.09 RCW. "Vegetation area" means as defined in the Mason County Interim Resource Ordinance. (Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998). 11.04.040 - Establishment of the moratorium. Mason County shall deny any applications to the county for development permits, including building permits, septic permits, and subdivision approvals, relating to the non-forestry uses of the land subject to a moratorium established by Chapter 76.09 RCW, unless the moratorium has been removed or waived by the county as provided in this chapter. Where timber harvest is pursuant to a forest practice permit approval, the land subject to the moratorium shall be that area which is the site of the timber harvest as shown on the forest practice application. Where the timber harvest has been done without an approved application, then the land subject to the moratorium shall be the area harvested including small unharvested islands which would normal) be mapped as art of the harvest unit on a submitted permit. The applicant shall be Y Pp p p Pp responsible for determining that area by a survey submitted with any application. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.050 - Preparation of moratorium notices. about:blank 4/29/2019 Mason County, WA Code of Ordinances iE x _�I 16 Page 4 of Prior to submitting the moratorium notice required by the DNR for non-conversion forest practices to that agency, the landowner may consult with the county and the county shall review the information on the moratorium notice with respect to the ownership, assessor's property tax parcel number for the property involved, and the legal description for the portion of the site to be cut. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.060 - Recording of moratorium notices. The director of the department of community development or his designee shall file with the Mason County auditor the moratorium notice after the receipt of said notice from the DNR. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.070 -Administration of the moratorium. The director of the department of community development shall have the authority to determine that an application is subject to the moratorium, and the application shall be denied by the review authority at that time. Such an administrative determination may be appealed to the Mason County hearing examiner pursuant to the procedures and requirements contained in the Mason County development code. (Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998). 11.04.080 - Moratorium waiver. The count may waive the moratorium for some types of development permits and Y Y YP p approvals, as provided in this chapter. The moratorium may only be waived for the purposes of constructing a single-family residence or outbuildings, or both, on a legal lot and building site. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.090 -Waiver—Authority. The director of the department of community development shall have the authority to approve, approve with conditions, or deny a request for a waiver of the moratorium, pursuant to the procedures and requirements of this chapter. about:blank 4/29/2019 Mason County, WA Code of Ordinances X r, Page 5 of (Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998). 11.04.100 - Waiver—Process. (a) The request will be made to the department of community development on the application form provided by that department and accompanied by a completed county environmental checklist and any established fees. (b) The application shall be reviewed as a Type II, administrative decision with notice, as provided for in the Mason County Title 15 Development Code. (c) Standards for waiving the moratorium: (1) The development area shall be no larger than two acres in size. (2) The harvest and reforestation of the property shall be.completed as specified in the approved forest practices application/notice. That portion of property subject to the waiver application shall be excepted from reforestation. (3) There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage e to those areas is repairable with p i restoration. (4) The proposed development shall be consistent with the county comprehensive plan and development regulations. (5) Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. Other mitigation shall be required to prevent significant adverse environmental impacts, pursuant to M.C.C. Chapter 8.04 to 8.40. (Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998). 11.04.110 -Waiver—Permits which may be issued. (a) Permits which maybe allowed under the moratorium waiver: (1) Building permits for the single-family residence and for residential outbuildings; (2) Single-family on-site septic system permit; (3) Road access permits; (4) Earth modification permits; (5) Shoreline master program approvals; (6) Well or potable water permits; about:blank 4/29/2019 Mason County, WA Code of Ordinances Page 6 of (7) Other approvals necessary the development of a single-family residence and outbuildings. (b) Any permits issued under the waiver shall be conditioned, as necessary, to limit the approval to only that development consistent with the intent of this section and necessary for the establishment of a single-family dwelling or outbuildings, or both. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.120 - Moratorium removal. The county may remove the moratorium on the property as provided in this chapter. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.130 - Moratorium removal—Authority. The director of the department of community development shall have the authority to remove the moratorium upon the request of the property owner only when an approved forest practices application has been either withdrawn or expired, and no harvest in reliance upon such approval has taken place. In other requests by the property owner for removal of the moratorium, the hearing examiner shall have the authority to approve, approve with conditions, or deny a request for a removal of the moratorium, pursuant to the procedures and requirements of this chapter. (Ord. 53-04 Attach. B (part), 2004; Ord. 108-98 Att. C § 1 (part), 1998). 11.04.140 - Moratorium removal—Process. (a) The request will be made to the department of community development on the application form provided by that department and accompanied with any established fees. (b) The application shall be reviewed as a Type III, quasi-judicial decision, as provided for in the county development code. (c) Standards and findings required for removing the moratorium: (1) The person requesting the removal did not attempt to avoid the county review or restrictions of a conversion forest practices applications. about:blank 4/29/2019 Mason County, WA Code of Ordinances EIK _� )L Page 7 of (2) The harvest and reforestation of the property shall be completed as specified in the approved forest practices application/notice. (3) There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration. (4) The proposed development shall be consistent with the county plan and development regulations. (5) Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. Other mitigation shall be required to prevent significant adverse environmental impacts, pursuant to county Ordinance No. 55-97, the Environmental Policy Ordinance. (d) Where the timber harvesting takes place without an approved forest practice application (per RCW 76.09), removal of the moratorium shall meet the standards and findings required in subsection C of this section, and shall have the additional condition that no permits will be issued for a period of one year to assure that the mitigation measures have been implemented and are successful, unless the applicant posts a bond one and one-half times the estimated amount adequate to cover the costs for the county to do the entire mitigation. If a bond is posted with the county to assure that the mitigation will be done and at the end of one year the mitigation has not been fully completed, the money from the bond shall be used by the county to complete the mitigation. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.150 - Moratorium removal—Permits which may be issued. Once a moratorium has been removed, any development permit or approval may be issued by the county according to the relevant Mason County Code, ordinances or regulations, provided that such approvals may be conditioned based on any conditions established in the moratorium removal. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.160 - Other forest practice applications—Moratorium. about:blank 4/29/2019 Mason County, WA Code of Ordinances :�_X _t� 1L Page 8 of t; Except for lands subject to Class IV general forest practices, all lands subject to forest practice approvals issued by DNR which are not subject to the automatic six-year moratorium on development established in Chapter 76.09 RCW, effective July 27, 1997, shall be subject to a moratorium as provided in this chapter for six years from the date of the approval of the application, provided that, for these lands, the director shall have the authority to remove the moratorium upon the application and payment of fees by the property owner. The director shall remove the moratorium as provided in this section only if it shown that adverse impacts to the environment have been restored or adequate mitigation has been provided for those impacts. (Ord. 108-98 Att. C § 1 (part), 1998). 11.04.170 - Other forest lands—Moratorium. Lands on which the owner or-operator failed to obtain an approved forest practice application from DNR, the DNR has determined that such an application was required, and the discovery of said action by the DNR or the county occurred prior to July 27, 1997, shall be subject to a moratorium as provided in this chapter for six years from the date of the discovery by the DNR or by the county, provided that, for these lands, the director shall have the authority to remove the moratorium upon the application and payment of fees by the property owner. The director shall remove the moratorium as provided in this section only if it is shown that adverse impacts to the environment have been restored or adequate mitigation has been provided for those impacts. (Ord. 108-98 Att. C § 1 (part), 1998). Chapter 11.05 - FOREST PRACTICE APPROVALS ections: 11.05.010 -Title. These regulations codifie der this chapter shall be known as the "Mason County Forest Practices Conversion Or ' ance." (Ord. 129-05 (p , 2005). 11.05.020 - Purpose. about:blank 4/29/2019 May 8,2019 Comments to Mr. MacSems Staff Report dated May 1,2019 To: Mason County Hearing Examiner Department of Community Development 615 W.Alder Street Shelton,WA 98584 From: Ken VanBuskirk Subject: Removal of 10-year Development moratorium (DRV 2019-00001) 1 am in disagreement with the following items of Mr. MacSems Findings and would ask that you deny the request for moratorium removal. • Finding Number 1-The applicant bought the property in late May of 2018 and immediately applied for a rezone in June of 2018. Mr. Millard told the applicant that there was a moratorium on the property. I feel the haste of the rezone application was in order to avoid county review of the restrictions of FPA 2416867 which included a ten year moratorium. I believe applicant had discussions with one perhaps two of the Board of County Commissioners and told them he wanted to build 100 apartments on the property and at least two the Commissioners were very supportive of the project before the rezone process was even initiated.The rezone was fast tracked to the Planning Commission. Neither the Public nor the Planning Commission was informed about the moratorium before they made a decision to approve.The Board of County Commissioners were told of the moratorium but voted to approve the rezone despite my testimony. (exhibit 1,exhibit2) • Finding Number 2- 1 disagree with Mr. MacSems assessment of his exhibit 6 that"the DNR had no objection". They gave no opinion on the moratorium removal other than to say it was up to the County if the reforestation met 190 trees to the acre.The DNR was also curious if it was the original owner. I also contacted the public disclosure Coordinator of the DNR,Julia Jackson,and she confirmed that neither the"Notice of Continuing Forest Land obligation" nor DNR reforestation inspection reports for FPA 2416867 had ever been received by DNR. In addition the owner at the time doesn't appear to have done reforestation checks on 4-2016,4-2018 and the new owner did not submit a final inspection on 4-2019 as part of the management plan. (exhibit 3) • Finding Number 4-By Mr. MacSem's own admission the timing of the rezone was an error.The R10 designation is not consistent with the Belfair sub area plan which is an integral part of the Mason County Comprehensive plan. In addition, 2017 Land use element of the Comprehensive plan table 8. Land use in Belfair UGA and table 14.Area Growth projections for Mason County 2016-2036 should be considered in this matter. I believe a rather significant precedence would be set by approving this removal. 35%of the Belfair UGA is in Forest land use with only 2%of the population Pz /i1 projected for the County to go into the Belfair UGA. I believe approval of the moratorium removal will set precedence in UGA and encourage more moratorium removals and denser zoning which is not consistent with Belfair UGA plan. (Exhibit 4,5) Public comments regarding SEPA Determination of Non-Significance. I asked Ms. Rowen to reconsider her Determination of Non Significance on this SEPA based on the existence of a type 1 Critical Aquifer Recharge Area under much of the 10 acre parcel which neither the applicant or County seemed to be aware of until I pointed it out. I also informed Mr.MacSems there is also a prohibited use in a CARA, of a dry cleaner,%of a mile away. Regarding the specific SEPA environmental checklist and application I feel it is incomplete and inaccurate just as I did for last year's R-5 to R-10 rezone hearing. Staff report: Exhibit 12: Mud Bay Geotechnical report: Page 3 of Geotechnical report says that groundwater measurements will be recorded on a biweekly basis over the upcoming months in order to satisfy Department of Ecology requirements for monitoring the groundwater thought one wet season,and for a total duration of at least one year.The well was installed in late February. This is the driest"wet season" in many years.The National Interagency Fire Center issued on April 1",a wildland fire potential outlook of"Above Normal"significant large fire potential. (Exhibit 6,7) Also there is a dry cleaner facility less than a%mile away also on top of the CARA. For these two reasons I would ask that the moratorium remain in place and that the property be further required to include conductivity testing of groundwater for chemicals for several years before this site is allowed to be developed! Staff report: Exhibit 14 additional photos and maps of Mason County storm water facility and discharge onto property: This very clearly shows the current and planned Level of Service, LOS,for the Roy Boad Road,as existing and addressed in both the transportation element of the Comprehensive Plan and the Belfair sub-area plan, do not meet the concurrency of transportation services requirement of GMA for either pedestrian or vehicle traffic in regards to any development. Other urban services that need to be addressed for concurrency with any development on the Roy Boad road are stormwater,sewer and adequate fire flow. For this reason alone themoratorium ato um should not be released. Cx 4�- 3A Staff report: Exhibit 16:MCC 11.04 11.04.040.County failed to deny application for a development permit, specifically the 2018 site specific rezone application from R-5 to R-10. In conclusion I feel the criteria for removal have not been met and that while the proposal might be in keeping with some of the goals of the Mason County Comprehensive plan it is not with the Belfair sub area plan. Please deny the request for moratorium removal. Thank you for your consideration, Ken VanBuskirk Belfair Please find attached. Exhibit 1: E-mail exchange with Kell Rowen Mason County, 8-14-2018 Exhibit 2: Meeting minutes of Board of County Commissioners meeting 11-6-2018, public hearing to consider the rezone of parcel 12328-23-000011 Exhibit 3: E-mail from DNR public disclosure request 4-19-2019 Exhibit 4:Table 8, Land use element of Mason County Comprehensive Plan dated 11-29-2017 Exhibit 5:Table 14, Area Growth projections of Mason County Comprehensive Plan dated 11- 29-2017 Exhibit 6: National Significant Wildland Fire Potential Outlook page 1 dated April 1,201- Exhibit 7: National Significant Wildland Fire Potential Outlook page 4, Northwest 4 /I Page 1 of 1 J Ken VanBuskirk From: "Ken VanBuskirk"<kenvanb@_g mail.com> To: "Kell Rowen" <krowen@co.mason.wa.us> Cc: "bruce carter" <brucedcarter@hotmail.com>: "Randy Neatherlin"<RandyN@co.mason.wa.us>: "David Windom" <DWindom@co.mason.wa.us> Sent: Wednesday, August 15, 2018 4:11 PM Subject: Re: 100 apartments in Belfair? Thank you Kell. So its not a building application for 100 apartments its a request for a rezone which has to go through the proper public process first. In my opinion the cart is ahead of the horse again, there are reasons why the sub area planning group zoned those properties at R-5. I would really like to see the Belfair sub area planning group reestablished. Please put me on the mailing list for this one. Best Ken --Original Message---- From: Kell Rowen To:_Ken VanBuskirk Cc: David Windom : Randy Neatherlin Sent:Tuesday,August 14, 2018 3:14 PM Subject: Re: 100 apartments in Belfair? Hi Ken, Actually,there is a rezone request to go from R-5 to R-10.If approved,the applicant would like to build up to 100 units. I haven't processed it yet. Likely going to the September PAC meeting,though maybe October.Applicant is PCI, LLC. Location is off the north end of Roy Boad Rd. Sincerely, Kell Rowen I Planning Manager Mason County Community Services krowen@co.mason.wa.us 360.427.9670 ext.286 Please note our new hours:Mon Thurs 8:00-430&,Friday 8:00-12:00 >>> "Ken VanBuskirk" <kenvanb@gmail.com> 8/14/2018 3:09 PM >>> > I Kell, Commissioner Neatherlin announced at the BOCC meeting this AM that someone has submitted an application for 100 apartments in Belfair. Can you tell me where I can find information about this application and who submitted it? thank you, Ken VanBuskirk 5/3/2019 BOARD OF MASON COUNTY COMMISSIONERS'PROCEEDINGS November 6, 2018- PAGE 4 9. Other Business(Department Heads and Elected Officials)- None 10. 9:30 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to consider the resolution adopting the 2019 Annual Construction Program. Staff: Jerry Hauth and Loretta Swanson Loretta Swanson presented a list of 20 projects which included culvert replacements, sidewalks, and road repairs. Sarah Grice said all projects add up to$6.68 million, of which 4411io comes from grant funds. Ken VanBuskirk questioned why the TIP CAP questioned the Belfair Connector on Romance Hill. He noted that the bypass is still years out and this project should wait. Cmmr. Drexler thanked staff for their work on the annual construction program and for staff work to obtain all of the grants. Cmmr. Shutty/Drexler moved and seconded to approve the resolution adopting the 2019 Annual Construction Program. Motion carried unanimously. N-aye;S- tye; D-aye. 10.2 Public Hearing to consider the resolution adopting the 2019-2024 Six-Year Transportation Improvement Program. Staff: Jerry Hauth and Loretta Swanson Sarah Grice noted this is a list of 25 projects to complete within the next six years. She noted that the first year of the plan is listed in the annual report. Jeff Cary, vice chair of Tip Cap, spoke about population growth and impact to the budget. Jack Johnson, Chair of Tip Cap,thanked Chief Ryan Spurling for speaking about traffic diversion. He discussed some items on the list adding that there seems to be a need to work on safety for many intersections in the county. Cmmr. Drexler/Neatherlin moved and seconded to approve and execute the resolution adopting the 2019-2024 Six-Year Transportation Improvement Program. Motion carried unanimously. N-aye; S-aye; D-aye. 10.3 Public Hearing to consider the rezone of parcel #12328-23-00011 from Medium Density Residential (R-5) to Multi Family Residential (R-10) within the Belfair Urban Growth Area. Staff: Kell Rowen Kell Rowen briefed the staff report noting that the Planning Advisory Commission did recommend approval of the rezone to the Board. Cmmr. Shutty asked about the moratorium on the parcel. Kell explained that there was illegal tree cutting on the property which resulted in a 10-year development moratorium which will go through 2024.In order to release the moratorium, the owner would be required to go through a release process which requires a hearing in front of the Hearings Examiner. Rob Drexler spoke in favor of the rezone noting the need for housing and rentals. Currently, the north end of the county is lacking in apartment complexes and are forced to pay much higher rents in houses or move out of the county. He urged the Board to approve the application. pie BOARD OF MASON COUNTY COMMISSIONERS'PROCEEDINGS November 6, 2018- PAGE 5 Ken VanBuskirk suggested this hearing be tabled because the PAC wasn't notified of the moratorium when they moved their approval, adding that DNR does not have a signed copy of the Continuing Forest Land Obligation. Ken also voiced concern with the government owned parcel that bisects the parcel in question. Donna Simmons, President of the HCCC objected the rezone. She noted that the main objections were the impact to neighboring properties, the moratorium in place, and the number of SEPA checklist errors. She read from a prepared letter. Dean Mouerman, who represents the property owner, addressed the positive location of the parcel. He explained that they are working to hire the necessary specialists to meet requirements to have the moratorium lifted.The right of way/easement still shows up on GIS but after research with title companies it was determined that the right of way was abandoned and will be updated. The Board spoke to the needs of affordable housing and the need for growth in Mason County, especially the north end of the county. All three were in favor of the rezone to begin necessary steps to build. Cmmr. Drexler/Shutty moved and seconded to approve the rezone of parcel =12328-23- 00011 from Medium Density Residential (R-5)to Multi Family Residential (R-10) within the Belfair Urban Growth Area. Motion carried unanimously. N-aye; S-aye; D-aye. 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming v,,eekly meetings. 12. Adjournment--The meeting adjourned at 11:25 a.m. BOAP.D OF COUNT Y COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melfss every, Clerk f the Board RaMy Neatherlin, Chair Terri Drexler, Commi si ner Kevin Shu , Co issioner Page 1 of 3 Ken VanBuskirk From: "DNR RE Public Disclosure" <publicdisclosure@dnr.wa-gov> To: "Ken VanBuskirk"<kenvanb@gmail.com> Cc: "Michael MacSems" <Mms@co.mason.wa.us> Sent: Friday, April 19, 2019 10:55 AM Subject: RE: FPA 2416867 information Dear Mr.VanBuskirk: Thank you for your email. Please see responses in red from DNR staff Carla Fosberg below: 1. Copy of reforestation checks of the management plan that were required on 4-2016 and 4-2018. a. The ten-year forest management plan is not something Forest Practices regulates. Management plans are to help the landowner with managing their forestland and understanding the current and future conditions of their lands. In the case of this application,the landowner chose to include a management plan to let us know that they plan to keep the property in forestland for at least 10 years. 2. Copy of the"Notice of Continuing Forest Land Obligation"form that both the seller and buyer are required to sign and be retained by the DNR last October. a. We do not have any records of this form being received by our office. 3. Copy of any DNR reforestation inspection reports for EPA 2416867. a. We do not have any records of this form being received by our office. if you have any questions regarding this information, please contact Carla Fosberg at caria.fosberg@dnr wa^gov or 360-802-7009. Thank you, Julia Jackson Public Disclosure Coordinator Washington State Department of Natural Resources(DNR) 360-902-1393 Julia.Jackson@dnr.wa.gov www.dnr.wa.govlpublicdisclosure From: Ken VanBuskirk<I<envanb@gmail.com> Sent:Thursday,April 18, 2019 11:24 AM To:DNR RE Public Disclosure<publicdisclosure@dnr.wa.gov> Cc: Michael MacSems<Mms@co.mason.wa.us> Subject: Re: FPA 2416867 information Julia one other thing Id like to request. Any DNR reforestation inspection reports for FPA 2416867. thank you Ken VanBuskirk ----Original Message From: DNR RE Public Disclosure To: Ken VanBuskirk Sent: Monday, April 15, 2019 10:38 AM Subject: RE: FPA 2416867 information 4/20/2019 Methods for Determining Land Use Acreage By comparing two different data sets, the Assessor's data and the f" County zoning data, we see a clearer picture of trends in land use. It should be noted that the Assessor's data and the County zoning data are two different data sets used for different purposes. While Table 8. Land Uses in Belfair Urban Growth Area 2015-2016 the categories are similar,the total Land use Total %of Improved %Total Unimproved %Total Total Percent acreage will differ. In order to get UGA Acres Acres to a general capacity for dwelling Acres (building Acres Change units, parcel data was first value>$20k) (building 2005 organized by current land use in value<$20k) accordance with the codes as Forest/Water 888 35% 33 I 4% 855 53% 877 42% provided by the County Assessor's Office. Zoning district data Vacant 584 22% 30 3% 554 34% 483 23% obtained from Mason County Residential 499 20% 423 45% 76 5% 403 19% Geographic Information Systems (GIS)was also compiled in order to Commercial 327 13% 315 33% 12 <1% 183 9% determine the number of parcels Utilities 90 4% 79 8% 11 <1% 57 3% and amount of acreage in each area that is currently devoted to Transportation 83 3% 2 <1% 81 5% 52 2% various land uses, land use codes were grouped into broader land Agriculture/ use categories (i.e. Residential, Aquaculture 67 3% 50 5% 17 1% 32 2% Commercial,Transportation,etc.). Mining Government 8 <1% 8 <1% 0 <1% 8 <1% Parks 4 <1% 3 <1% 1 <1% Na Total 2,551 100% 943 100% 1,608 100% 2,095 Source: Mason County Assessor's Office,2015 *Assessor's data only reflects primary use of land and does not identify secondary uses like home-based businesses. Land Use Element Page 14 of 43 '12/291203.7 IV. FUTURE LAND USE PLAN ` The future land use map represents Mason County's plan to Table 14 shows population growth projected for these areas as it accommodate projected population growth in a way that maximizes relates to the total land area. The trend of faster growth in the existing infrastructure and ensures adequate public facilities and urban growth areas that Mason County has experienced over the services can be provided in a way that maintains the quality of life past decades is expected to continue through the 20 year planning enjoyed in Mason County. Urban type growth and development is horizon. planned for the urban growth areas, including the City of Shelton and the communities of Allyn and Belfair. A more rural development pattern for housing and a slower rate of growth is Table 14, Area Growth Projections for Mason County 2016-2036 planned for the rural county. The Rural Activity Centers, or areas Area Additional Share of Percent Total where you would expect to find rural commercial services and other Population Population Land Area rural community development include Union, Hoodsport and Taylor Growth Town. The Hamlets include Bayshore, Dayton, Deer Creek, Grapeview, Lilliwaup, Matlock, Potlatch,Spencer Lake, and Tahuya. I Shelton Urban Growth See the Mason County Planning Map Library available on the ! Area 9,610 44% 1.5% Mason County Website for a series of maps referenced throughout Belfair Urban Growth Area 430 2% .4% the Comprehensive Plan. Based on historic trends, the County has estimated how the future Allyn Urban Growth Area 1,300 6% .1% growth in population will be distributed between Urban Growth Fully Contained Areas and rural Mason County. Community Reserve 600 3% - RAC—LAM IRDS 400 2% <1% Rural Lands 9,140 43% 63% Total County 21,480 100% Land Use Element Page 21 of 43 11/2912017 National Significant Wildland Fire Potential Outlook �EMGENcy� Predictive Services '9C� National Interagency Fire Center X ? a Issued: April 1, 2019 Next Issuance: May 1, 2019 Outlook Period - April, May, June and July 2019 _ Executive Summary sq d tWWan Fk•FIQU—1 OWfook 19 �• "`"' ,-. The significant wildland fire potential forecasts included in this outlook represent the cumulative forecasts of the ten Geographic Area - Predictive Services units and the National Predictive Services unit. 7.}':'„ Fire activity remained low across the nation in March. Year to date fire statistics showed below average activity for both number of fires and acreage burned. What little occurred was focused across the ... .� :... Southwest, western Oregon, and the Southeast. Mountain snowpack levels were historically good as most basins reported levels greater :- �� _- -••- than 130% of average across central portions of the West. Snowpack averages trended closer to average and even below average levels st tFwdlw=;;g«ft^W1o�ok - along the Canadian border. Snowpack deficits across Alaska continued . to be manifest across the southern interior and along the Gulf coast. .ri Diminishing drought conditions continued except along the Canadian border across the Pacific Northwest. Overall, temperatures nationwide r �< were 3 and 10 degrees below average. Precipitation received was 1 _ •-��' . . I �! ' generally above average across the central and western states and i below average in the East and along the Gulf coast. An area of drier than average conditions was observed along the Canadian border. =" ® As the spring greenup begins to take hold across the West in April, mountain snowpack will begin to melt. Snowpack melting rates are a --- more important factor than snowpack levels in assessing potential fire "n&c nl W49IFM FIN Po 1441 OWbek season activity ahead. An average or slower than average melting rate can allow for a late entry of the timbered elevations into the fire season, whereas a faster melting rate will allow for high elevation fuels to become receptive to fire sooner. In 2019, an average to cooler than average spring is expected, so melting rates should be near average which could result in a delayed fire season entry in areas that have abundant snowpack. An early entry is possible along the Canadian '> - .F..v.,,...,�,,.,.• border in areas that have a below average snowpack. In the middle and lower elevations, abundant winter and spring moisture should translate to a heavy crop of fine fuels that will become increasingly receptive to -- - fire activity across the West from south to north in May, June, and July. _— tyaGuntWikW,d Fie Potential OWkwk A JOY 0" In Alaska, warmer than average temperatures should lead to an early snowpack loss and early entry into the fire season. A possibility exists that precipitation could become above average from June onward.This could lessen some of the state's peak season fire potential during the second half of the season. After an active early start to the season, fire " • - activity across the state should trend toward average conditions. Hawaii and Puerto Rico will continue to see slightly elevated potential early in the outlook period until the impacts of tropical weather conditions begin to be felt. The Southwestern fire season should begin to end in early - July as a below average and perhaps late monsoon arrives. forecasts are indicating the likelihood for higher than average precipitation across much of the state through the next 12 months. As parts of the state become snow free, Calculations of the Canadian Forest Fire Danger Rating System will be started. Increasing temperatures will thaw the frozen ground, allowing fuels to start drying. Though ignitions are unlikely for the first few weeks, fuels in parts of south central Alaska will probably be burnable by the second half of April. Expect to see calculations starting around the first week of April. Alaska will begin to enter fire season at the beginning of April for the southernmost parts of the state. Alaska is transitioning into fire season with a forecast of Above Normal potential expected for April and May, with a return to Normal for June and July. As snow retreats in the southernmost parts of the state, human-caused fires will start to pop up in early April, spreading into central and northern Alaska by the end of April and early May. By late May, most of the state will be snow-free, and fire activity will be on the rise, reaching its peak with more lightning starts around the summer solstice. Northwest: Normal significant large fire potential is expected across the region during the outlook period except west of the Cascade crest in Washington and northwestern Oregon through June where Above Normal significant large fire potential is expected. The Above Normal conditions will expand southward into southwestern Oregon in July. March was mostly cold but dry across the Pacific Northwest region after a February that was cold and quite wet. Snowpack for late March over the higher elevations at month's end was about 75-100% of normal across Washington and 100-158% of normal across Oregon with the highest accumulations east of the Cascades. Overall, much of Washington and northwestern Oregon have accumulated significantly less than average rainfall since the first of the year. Southwestern and eastern Oregon have been wetter than average. Outlooks through spring and summer continue to indicate warmer and drier than average to average conditions for the region, particularly west of the Cascades. Fire danger indices remain too low for a significant risk of large, naturally ignited wildfires across the region. However, the human-caused fire activity in populated areas that occurred in March indicates potential exists for escaped prescribed fires or accidents in windy conditions during dry spells. Several human-caused wildfires occurred in Washington and Oregon in late March during sustained dry, gusty easterly wind events. This pattern could repeat itself through April and May if sustained precipitation does not return to the dry areas discussed earlier. Northern California and Hawaii: Normal significant large fire potential is expected across mainland portions of the region and Hawaii through April and May except across Hawaii where Above Normal significant large fire potential will exist. Above normal significant large fire potential in June and July across Hawaii, in the foothills and lower mountains surrounding the Sacramento Valley and the Bay Area while Normal significant wildland large fire potential is expected elsewhere. The region has received well above normal precipitation since January 1. Most of the winter storms this season were accompanied by average to lower than average snow levels, and this has led to snow pack water content readings at more than 150% of the normal seasonal maximum. Frequent wet weather systems are expected to continue to affect the region at least through early April, followed by a gradual trend toward average rainfall amounts and intervals. The snow pack is expected to reach its maximum snow water content, at a well above the average value, during the second week of April, which is a week or so later than usual. The current outlook calls for warmer and drier than average conditions starting in late April. Considering the ground water already in place and the snowmelt runoff that will occur, another fire season will start with well above normal brush growth and another robust fine fuel crop, even if rainfall trends toward average or below average late in the spring.The above average fine fuel crop will likely cure out by late May to mid-June in the lower elevations of the Bay Area, Sacramento Valley, and Mid Coast areas. Additionally, in mid-February a significant heavy snow event in the northern Sacramento Valley caused extensive damage to plants and trees of all sizes, leading to a large amount of dead and down fuels that will enhance the potential of significant wildfires starting in June. Staff Response to Mr. Van Buskirk's Comment Letter of 5/8/2019 (Exhibit #17) DRV 2019-00001, Exhibit #18 Comment# 1: Regarding the timing and context of the 2018 rezone of this parcel. Mr. Van Buskirk's concern comes the closest to approval criteria#4, "The proposed development shall be consistent with the County's Comprehensive Plan and Development Regulations". In my staff report I've pointed out that multi-family development at this location is an allowed use under both the current and previous zoning designations,the difference between the two is the density. Comment#2: I agree with Mr. VanBuskirk that the statement from DNR is weak. From my site inspection I saw some evidence of natural regeneration but whether it reached 190 trees per acre is questionable. According to Mr. VanBuskirk,the DNR has not done a good job of maintaining their records and/or following the required inspection schedule. However, if the entire parcel is to be converted to non-Forest Land status in the eyes of the State, as a practical matter, I don't see that whether or not the required regeneration density has been met,to be meaningful. Comment#3: Concerning the timing of the 2018 rezone and whether or not the release of this moratorium will unleash a wave of urban development on forest lands within the Belfair UGA. Under the definition of"development"found in MCC 11.04.030,the rezone application should have followed a moratorium release,not preceded it and the County has admitted that error. As a practical matter, no development work has occurred on the site between the time of the rezone approval and this moratorium release application. The timing of the rezone has had no material effect on the site. As for the precedence question, MCC 11.04 provides a process for releasing a parcel from a development moratorium resulting from forest practice activities regardless of the site's location in the county. In that respect it makes no difference if the release location is inside or outside of a UGA,provided that the intended land use is consistent with the County's Comp Plan and Development Regulations (which it is). Comment#4: Concerns the issuance of a SEPA Determination of Non-Significance for the moratorium release,the existence of a CARA and incompatible activities on nearby parcels as well as the adequacy of the answers provided by the applicant in the SEPA checklist. Mr. Van Buskirk made his concerns about this known within the SEPA comment window and I addressed those concerns in my staff report. Comment#5: Concerns a DOE ground water monitoring well on this site. Staff is aware that the well exist but has little other information on it. This concern seems to be outside of the scope of the five criteria that need to be affirmatively answered to approve this release. Comment#6: Concerns the existing level of infrastructure servicing this site. To the extent that Mr. Van Buskirk is saying that development of this site will require infrastructure improvements, I agree with him. The scope of those improvements would be worked out in the pre-development phase of the future project and is outside the scope of the five criteria for approval of the moratorium release. Comment#7: Concerns the timing of the 2018 rezone of this parcel, which has been previously addressed. In conclusion, the criteria for removal have been met and the proposed site development is in keeping with the goals of the Mason County Comprehensive Plan and Belfair Development Regulations. I stand by my recommendation to approve this application to release this parcel from the balance of the 10-year development moratorium. Michael MacSems Planner/Subdivision and FPA Reviewer