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HomeMy WebLinkAboutVAR2007-00004 Hearing - VAR Letters / Memos - 1/12/2011 CASE INDEX Max Walker VAR2007-00004 Index # Date Description 1 16 April 2007 Exhibit 1: Staff Report December 2006 Attachment 1: Habitat Management Plan 3A% ttachment 2: Notice of Application of Variance 9 March 2007 Attachment 3: HMP Review Request Letter sent to Skokomish Tribe 5 28 March 2007 Attachment 4: HMP Review Request Letter sent to Washington Department of Fish and Wildlife 4 January 2007 Attachment 5: Variance from Standards Information 7 Attachment 6: Mason County Parcel Information 8 Attachment 7: Title Notification of Habitat Management Plan Form Attachment 8: Mason County Bond Form 10 Attachment 9: Mason County GIS Aerial Photograph f Subject Parcel 11 Mason County Department of Planning Building I * 411 N. 51h Street * P.O. Box 279 Shelton, Washington 98584 * (360) 427-9670 April 16, 2007 TO: Mason County Hearing Examiner FROM: Planning Staff— Charles Mead McCoy III RE: Variance from the Mason County Resource Ordinance (VAR2007-00004) STAFF REPORT I. Introduction. This report evaluates a request for a variance from the Mason County Resource Ordinance No. 77-93, specifically for the construction of a single-family residence with attached garage, having a combined footprint of approximately 2,500 square feet, within the conservation buffer of a Type F stream. The proposed project is described in detail in the attached Habitat Management Plan (HMP) (Attachment 1). Staff recommends conditional approval of the variance request for the proposed project. II. Applicant. Max Walker. III. Property Location. Site address and Project Location: 356 NE Newkirk Road, Belfair. Parcel # 12321-32-90062 (Section 21 of Township 23 North, Range 1 West). - IV. Date of complete application: January 24, 2007. V. Evaluations. A. Characteristics of the site. The site is located in the Belfair Urban Growth Area. It is an irregularly shaped lot of approximately 1.39 acres. A Type F stream is located along the east property line. All but a small portion of the parcel is located within the 150-foot conservation buffer and 15-foot building setback required under the Mason County Resource Ordinance (17.0 1.110). The small portion outside the buffer and setback in the northwest corner of the parcel has been selected as the site for the proposed septic system, requiring approximately 1,700 square feet in area. Structures do not exist on the parcel. The remaining vegetation on the parcel is characterized as"comprised of an overstory of primarily big leaf maple, Douglas fir and red alder. The understory generally consists of salmonberry, salal and swordfern and with lesser amounts of Himalayan blackberry." (Attachment 1). The proposed HMP recommends a coniferous underplanting mitigation zone be established of approximately 15, 600 square feet(Attachment 1). The proposed placement of the residence and attached garage footprint will need a reduction in side yard setback to 5 feet to be placed as far from the resource as is practical, which is the minimum distance allowed under Mason County's Development Regulations. Photographs of the proposed building site are included in the Habitat Management Plan (Attachment 1). B. Characteristics of the area. The general area is rural family homes of comparable size in footprint square footage or more than the proposed residence. Several single-family residences occupy the area. C. Comprehensive Plan Designation. The Mason County Comprehensive Plan designation for the site is Urban Growth Area. D. Zoning. The parcel is zoned Low Density Residential District (R-3). The district allows for a density of three dwelling units per acre, except where "critical lands" are present—which reduces the permitted density. VI. SEPA Compliance, public and agency comment. This activity is SEPA exempt per WAC 197-11-800 (1), (iii). Public notice of the application and hearing date was posted onsite and notice was made in the Shelton-Mason Journal on (Attachment 2). The proposal required review and comment of a Habitat Management Plan by the Skokomish Tribe and Washington Department of Fish and Wildlife (Attachments 3 and 4). A 28-day comment period followed. No comments were received. VII. Other Permits or Approvals. The proposal will require a Mason County Building Permit for the construction of the single-family residence and attached garage, and a Title Notification of Habitat Management Plan. Additionally, an Administrative Variance requesting a reduction in side-yard setback will be required. VIII. Analysis: (All references to County codes are with respect to those codes as adopted.) The required conservation buffer for a Type F stream is 150-feet plus a 15-foot building setback for a total distance of 165 feet from the stream. Nearly the entire parcel is within the 165-foot combined buffer and building setback area. Stream typing is per Washington Department of Natural Resources stream typing criteria. The proposed construction of a single-family residence with attached garage has a combined footprint of approximately 2,500 square feet. The proposed dwelling and attached garage have been sited at a distance and location as to minimize the impact on the resource as submitted in the attached HMP (Attachment 1). This proposal requires a variance per the requirements associated with Mason County Resource Ordinance No. 77-93, specifically Section 17.01.110, Fish and Wildlife Habitat Conservation Areas, which details stream buffer requirements and Section 17.01.150, Variances from Standards, which establishes variance procedures and criteria. The location of the proposed single-family residence and attached garage negatively impacts the existing buffer. Section 17.01.110.G.c. states, "new residential construction ...is not permitted within FWHCA or its buffer, except...as approved through a variance or reasonable use exception." Staff has been instructed that the reasonable use exception may only be pursued after the variance option has been exhausted. Section 17.01.120.Q. states that "except when application from this Chapter would deny all reasonable use of a site, an applicant who seeks an exception from the regulations of the Chapter shall pursue a variance as provided in Section 17.01.150. i Section 17.01.110.G.1 requires that a Habitat Management Plan be prepared in association with the proposed development. The HMP shall consider measures to preserve and protect wildlife habitat and shall identify how the impacts from the proposed use or activity will be avoided or mitigated through habitat mitigation. Section 17.01.150 (E), Review Standards for a variance states that no variance shall be granted unless the County makes findings of fact showing that the following circumstances exist: 1. That the strict application of the bulk, dimensional or performance standards precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by County regulations; 2. That the hardship which serves as a basis for the granting of the variance is specifically related to the property of the applicant, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the County regulations, and not, for example from deed restrictions or the applicant's own actions; I That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the environment; 4. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief, 5. That the public interest will suffer no substantial detrimental effect; 6. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land. Such variance shall be consistent with the Mason County Comprehensive plan, Development Regulations, Resource Ordinance and other county ordinances, and with the Growth Management Act. Mere loss in value only shall not justify a variance. Staff discussion: I. The purposes of the Mason County Resource Ordinance are detailed in Section 17.01.020. The parcel is nearly entirely encumbered by the Type F stream buffer that runs along the eastern portion of the parcel. The proposal meets the intent of" reasonable use of the property"in Staff's opinion. The applicant has chosen a location that is as far away from the resource as is practical and has agreed to a reduction in side yard setback to the minimum of S feet as is required under Mason County's Development Regulations. Please see proposed new construction, as defined in the HMP(Attachment ]). The proposal is for a 2,500 sq.ft. single-family residence and attached garage which is allowable under the County's Variances from Standards Section (17.01.150)stating that "the minimum reasonable use for a residence in a residentially zoned area shall be defined by the lesser of a) 40% of the area of the lot, or b) 2,550 square feet". Therefore, it is consistent with surrounding land uses the parcel having been zoned as Low Density Residential District. The Applicant has further mitigated adverse environmental impacts by offering to a coniferous underplanting plan of native riparian vegetation in the stream buffer zone of approximately 40 feet in width (Attachment ]). The proposal does provide for a minimal amount of critical area disturbance and thus is consistent with purposes #1, #2 & #3 of Section 17.01.IIO.A. of the Resource Ordinance. 2. The hardship is a direct result of the size and location of the parcel. The parcel is nearly completely encumbered by a 150 foot Type F stream conservation buffer and I5 foot building setback requirement. The proposed placement of the dwelling is the most logical choice in that it places the structures in the northwest corner of the lot at a reasonable distance from the stream (Attachment 1). 3. The construction of a single-family residence and attached garage are consistent with surrounding land uses and a permitted use in Low Density Residential District zoning. The proposed combined footprint of 2,500 square feet is of comparable size with other dwellings and attached garages in the immediate vicinity of the site. 4. Variances are contemplated and procedures are established by the provisions of Chapter 17.01.110(D)(2). The intended use is compatible and in keeping with the surrounding land use. The size of the proposed structure is consistent with the surrounding single-family residences. The proposed location for the new structure will be in an area that will have the least impact on the critical area. 5. The public interest will suffer no substantial detrimental effect. The environmental impact created as a result of the proposed new construction will be mitigated as detailed in the Habitat Management Plan (Attachment 1). 6. The Variance should be granted as the owner lacks otherwise reasonable use of the land. Staff's recommendation is that the variance request be a conditional approval as proposed and detailed in the Habitat Management Plan (Attachment 1). IX. Conclusions. Based on the above discussion the proposal is consistent with the variance criteria detailed in Section 17.01.150. Staff recommends conditional approval as proposed with the imposition of the conditions listed below. 1. Developers and individuals shall be required to control erosion during construction. Removal of vegetation shall be minimized and any areas disturbed should be restored to prevent erosion and other environmental impacts. 2. The existing natural vegetative buffer shall remain undisturbed by any construction and/or development activities except those absolutely required for minimal disturbance to construct a single-family residence and attached garage of no more that 2,500 square feet in total area. 3. The Habitat Management Plan shall be implemented as stated in the submitted documents. 4. All upland areas disturbed or newly created by construction activities shall be seeded, vegetated or given an equivalent type of erosion protection (silt fending or straw matting). 5. A monitoring plan shall be enacted as detailed in the submitted Habitat Management Plan (HMP). The HMP shall be implemented in its entirety. A qualified biologist shall submit a report detailing the conditions of the mitigation plan outlined in the HMP. This report shall be due on the anniversary date of the issuance of the building permit and shall be submitted annually for three years. 6. A survival rate of 90% of plantings is required each year during the three-year monitoring period. If survival falls below 90%, the applicant shall replant to restore the required survival percentage and shall extend the monitoring report period, as necessary, to address the replantings. 7. A mitigation/performance bond shall be made to cover the expanses as stipulated in the Habitat Restoration Plan as submitted. The bond shall be established in the County's name in the amount necessary to perform the plantings mitigation plan detailed in the submitted HMP; and held by the County for three years, at which time the County will refund to the Applicant(s) those funds, if the Applicant(s) have satisfied the requirements set forth in condition# 5. 8. No degradation of water quality shall occur as a result of this project. 9. A Title Notification of Habitat Management Plan shall be recorded on the property deed, subsequent to staff approval. 10. A site inspection by Planning Staff is required prior to final permit approval. X. Choices of Action. 1. Approval of the Variance request. 2. Denial of the Variance request. 3. Conditional approval of the Variance request. 4. Remand the case to staff for further information and/or clarification A TT-,4c_R"ztxr I AAV THE WETLAND CORPS -05� ,lf- Wetland Delineation • Habitat Management Plans • Riparian Restoration • Mitigation • Biological Evaluation WALKER HABITAT MANAGEMENT PLAN Parcel 123213290064 i Belfair, Mason County, WA Prepared for: Max Walker 356 NE Newkirk Road Belfair, Washington 98528 Prepared by: Lee Boad and Heather Lane December,2006 PO Box 2854 Belfair,Washington 98528-Cell Phone 360-620-0618.Office Phone 360-372 2421-boad40@peoplepc.com 'AV THE WETLAND CORPS 40j� if Wetland Delineation • Habitat Management Plans • Riparian Restoration - Mitigation • Biological Evaluation WALKER HABITAT MANAGEMENT PLAN TABLE OF CONTENTS - i 1.0 PROJECT DESCRIPTION..........................................................................................1 2.0 PROPERTY DESCRIPTION ......................................................................................1 3.0 BACKGROUND AND LITERATURE REVIEW.....................................................2 4.0 STREAM ANALYSIS...........................................................................2 5.0 APPLICABLE SETBACKS.........................................................................................3 6.0 DESCRIPTION OF HABITAT AND SPECIES............................................3 7.0 ANALYSIS OF EFFECTS...........................................................................................5 8.0 MITIGATION MEASURES........................................................................................7 9.0 MONITORING ...........................................................................................................10 10.0 SUMMARY................................................................................................................10 Figures Figure 1. Site Vicinity Map Figure 2. Site Map Figure 3. National Wetland Inventory Map Figure 4. Mason County Soil Survey Figure 5. Department of Natural Resources Water Resource Map PO Box 2854 Belfair,Washington 98528-Cell Phone 360-620-0618.Office Phone 360-372 2421-boad40@peoplepc.com Tin WETLAND L CO"S Wetland Delineation - Habitat Management Plans • Riparian Restoration - Mitigation • Biological Evaluation December,2006 Page 1 WALKER HABITAT MANAGEMENT PLAN Parcel: 123213290064 z Belfair,Washington 1.0 PROJECT DESCRIPTION The details of a Habitat Management Plan for the construction of a single-family residence (SFR), septic and access road at the parcel located in Mason County, Washington (Parcel number 123213290064) are discussed in full in this report. The property is found in the SW '/,of Section 21, Township 23 North, Range 1 West(See Figure 1. Site Vicinity Map). The purpose of this Habitat Management Plan (HMP) is to address potential impacts resulting from the construction of the SFR, septic and access road within the buffer of a type F stream. The buffer associated with the stream encompasses the majority of the entire ownership. The section of the property outside of the buffer within the parcel will be occupied by a portion of the septic drainfeild. Therefore, a variance is necessary to complete the proposed project. The objectives of this HMP are as follows: ■ To evaluate the potential adverse effects to critical area functions as well as fish and ` wildlife habitat resulting from the construction of an SFR, access road, and a portion of the septic drainfeild occupying a total building footprint of 4855 square feet within a type F stream buffer. The construction zone is proposed to begin 100-feet from the stream at the nearest point. ■ To identify possible mitigation measures that could be implemented to offset the adverse effects resulting from the construction of the SFR, septic, and access road within the stream buffer. 2.0 PROPERTY DESCRIPTION The entire property is 2.42 acres in size, and is comprised of an overstory of primarily big leaf maple, Douglas fir and red alder. The understory generally consists of salmonberry, salal and swordfern with lesser amounts of Himalayan blackberry. The stream represents the eastern property boundary, and flows southerly toward a wetland located several hundred feet south of the ownership. The ownership is accessed by an easement off Newkirk Road. The property is bordered to the east and west by occupied residential properties, and to the north and south by undeveloped parcels. Topography throughout most of the property is generally flat, with the exception of a small bank down toward the stream. Currently there are no buildings or structures within the property. PO Box 2854 Belfair,Washington 98528-Cell Phone 360-620-0618.Office Phone 360-372-2421-boad4.0@peoplepc.com Walker IMP December,2006 Page 2 3.0 BACKGROUND AND LITERATURE REVIEW Preliminary research of this site included review of the U.S. Fish and Wildlife Service National Wetland Inventory (NWI), the Department of Natural Resources Stream Map, and The Washington Department of Fish and Wildlife Priority Habitats and Species Database. i The National Wetland Inventory maps no wetlands within or in close proximity to the parcel. The Washington Department of Fish and Wildlife Priority Habitats and Species Map for Mason County shows no priority habitats for any listed species within the vicinity of the parcel. The Department of Natural Resources Water Resource Map shows one stream within the approximate parcel location. The stream is mapped to drain westerly through the parcel to eventually flow into the Union River. After further observation, the onsite stream does not appear to be the one mapped on the DNR database as this stream flows southerly to a wetland area south of the parcel. See Figure 3 for the DNR Water Resource map. 4.0 STREAM ANALYSIS Mason County has recently changed the water typing system from the original Types 1,2,3,4 , & 5 streams to Types S, F, Np & Ns streams. Although the codes are new, similar criteria are used to define water, types. According to the WAC 222-16-030 Water Typing System, the stream meets criteria for a type F stream, as it is presumed to have fish use based on a channel greater than 2 feet wide, year round flow, and slope gradient less than 16 percent. The water typing system states: "Type F Water" means segments of natural waters other than Type S Waters, which are within the bankfull widths of defined channels and periodically inundated areas of their associated wetlands, or within lakes, ponds, or impoundments having a surface area of 0.5 acre or greater at seasonal low water and which in any case contain fish habitat 1 PO Box 2854 Belfair,Washington 98528-Cell Phone 360-620-0618.Office Phone 360-372 2421•boad40@peoplepe.com Walker HMP December, 2006 Page 3 t' oily.> w, �M ti- Type F Stream; parcel is located on right side (west) of stream in photo. 5.0 APPLICABLE SETBACKS The proposed project is within the jurisdiction of Mason County. Ordinance 17.01.110 ' identifies Fish and Wildlife Habitat Conservation Areas (FWHCA's) adopted by Mason County. The FWHCA setbacks applicable to this project are as follows: Habitat Type Buffer Building Setback from Buffer Type F Stream 150' 15' 6.0 DESCRIPTION OF HABITAT AND SPECIES 6.1 Puget Sound Chinook(Oncorhynchus tshaw ty sha)Threatened Listed as threatened since March 24,1999 adult Puget Sound Chinook spawn in several rivers and streams flowing into Puget Sound. This stream does not contain habitat characteristics typical of chinook systems due to limited size and flow. The lower union river is known to support small runs of Puget Sound Chinook. These fish are assumed to be of hatchery origin but have maintained some level of natural production over the last decade. PO Box 2854 Belfair,Washington 98528-Cell Phone 360-620-0618-Office Phone 360-372 2421-boad40@peoplepc.com Walker HMP December,2006 Page 4 The mainstem of the Union River was listed as a final designation in the NOAA Fisheries Northwest Region Critical Habitat Designations for West Coast Salmon and Steelhead in Washington-August 2005. Although the on-site stream does not support suitable habitat for Chinook, water quality , sediment, and nutrient supply from this stream may affect the mainstem of the Union River. The project proposal includes mitigation and tactical design intended to protect and maintain water quality of the stream. Given the absence of spawning habitat, limited scale of the project, and mitigation proposed,this project is not expected to impact Puget Sound Chinook. 6.2 Bull Trout(Salvelinus malma)- Threatened Bull trout typically inhabit very cold, clear headwater streams at high elevations that are supported by snowmelt. For spawning and early rearing, bull trout require loose, clear gravel, relatively free of fine sediments. Although the substrate may be suitable for Bull Trout spawning, the lower elevation and temperature of the stream is not suitable habitat for Bull Trout. None have been documented in the Union River watershed. Given the lack of suitable habitat, the proposed project is not likely to have any adverse impacts on bull trout. 6.3 Bald Eagle(Haliaeetus Ieucocephalus)- Endangered Habitat areas associated with Bald Eagle include uneven aged coniferous stands with some old-growth components. Nests are typically constructed in larger trees with dead or broken tops providing an unobstructed view of nearby water. Snags and trees with exposed lateral limbs, or dead tops are used as perches and defense stations. There are no documented Bald Eagle nesting sites in the vicinity of the project area. The proposed project site will require the removal of a maximum of 20 trees. The trees to be removed do not contain nesting and roosting features important for the Bald Eagle, such as exposed lateral limbs or dead tops. Recommended understory plantings recommended in Section 6.3 are intended to provide a more vertically diverse forested stand and improve the long term potential for use of the site by Bald Eagle. Given there are no documented Bald Eagle nesting sites in the vicinity of the project area, this project will have no adverse impacts on bald eagles. 6.4 Marbled Murrelet(Brachyramphus marmoratus)-Threatened Marbled Murrelets are typically associated with coastal habitats and nest in old-growth forests. Murrelets may fly as far as 50 miles inland to nest, however the average distance is roughly 5-miles from n6st to sea. It is only during the summer breeding months that they are commonly found inland. During non-nesting seasons they live at sea. Murrelets require tall PO Box 2854 Belfair,Washington 98528•Cell Phone 360-620-0618-Office Phone 360-372 2421-boad40@peoplepc.com Walker HMP December, 2006 Page 5 mossy trees in coniferous old growth forests with cavities on thick branches where they can construct a cup nest 20-40 meters above the forest floor. Mun eletts have been documented laying eggs on rocky ground habitats only when a sufficient forest is unavailable. There are no documented nesting sites surrounding the project site. No potential nesting trees are within the project area. This project is not likely to adversely impact Marbled Murrelet, given there are no documented nesting sites or potential nesting trees in the vicinity of the project area. Northern Spotted Owl (Stria occidentalis caurin)- Threatened Spotted owls require a large amount of land for their nesting and hunting grounds; pairs may occupy up to 58 sq. km. They are territorial and do not migrate, but they may shift their ranges slightly in response to seasonal changes Suitable spotted owl habitat includes trees relatively large in diameter, multi-layered forest canopy with a moderate to high canopy closure in overstory, midstory, and understory, large, tall, live trees with cavities, broken tops, mistletoe, or platforms of branches capable of holding accumulated organic matter suitable for use as a nest. Dead standing trees and fallen decayed trees supporting abundant populations of prey species are critical to spotted owl populations. Currently there are no spotted owl nesting sites documented in proximity to the project site. Given the forested components, the area has the potential to eventually contribute to spotted owl habitat. However, the potential for usage is largely dependant on surrounding land-use and the maintenance and preservation of larger forested areas in . proximity to the property. As spotted owls are currently not present, and the project is of a scale that has no impact on forested areas, no impacts to spotted owl or their habitat are expected result from the proposed project. 7.0 ANALYSIS OF EFFECTS The proposed project lies within the regulated buffer of a type F stream. Project scale in the protected area is as follows: Development Type Habitat Type Project scale SFR Type F stream buffer 2500 sq. ft. (50'x 50') Access Road Type F stream buffer 1700 sq. ft. (15'x 165') Septic Type F stream buffer 1800 sq. ft (30 x 90) (655 sq. ft. within buffer) Total Type F stream buffer 4855 sq. ft. PO Box 2854 Belfair,Washington 98528•Cell Phone 360-620-0618.Office Phone 360-372 2421-boad40@peoplepc.com Walker HMP December,2006 Page 6 7.1 Vezetation Disturbance The vegetation disturbance for the construction of a 2500 square foot SFR, septic and a 1700 square foot access road within the type F stream buffer will require the removal of 20 trees and associated shrub understory. Mitigation described in Section 8.4 recommends coniferous underplantings within a designated portion of the stream buffer to compensate for the loss of vegetation. The trees to be removed within the stream buffer are primarily red alder less than 8 inches DBH (Diameter at Breast Height), with lesser amounts of Douglas fir and big leaf maple less than 12 inches DBH. 3 yvs i` 1 0 Approximate building location. 7.27.2 Designated Critical Habitat for SalmonidsCritical Habitat for Salmonids None of the actions will destroy or adversely modify designated critical habitat. Actions described in this plan will not jeopardize the continued existence of any listed species. 7.3 Noise Pollution An increase in noise from construction activities is anticipated during operation hours. The project site is not within the radii of concern for any listed species that may be affected by increased noise. No impacts from noise are expected to occur. PO Box 2854 Belfair,Washington 98528-Cell Phone 360-620-0618.Office Phone 360-372 2421•boad40@peoplepc.com Walker HMP December, 2006 Page 7 7.4 Temporary Increase in Sediment and Turbidity During Operation The proposed work has the potential to temporarily increase turbidity and suspended sediment within the project area. Best Management Practices are recommended to minimize any potential impacts from sediment and turbidity that the project may cause. 7.5 Light and Glare The proposed proJect will result in an increase in light and glare commonly associated with residential construction and land use. The vegetative buffer to be enhanced between the proposed house and stream is expected to shield the majority of the riparian corridor from increased light and glare. No impacts to the use of the site by riparian dependent species are expected to result from light and glare associated with this project. 8.0 MITIGATION MEASURES 8.1 Best Management Practices Recommended Best Management Practices for this project are as follows: • Perform excavation and site preparation work during dry weather. • Install silt fencing between the work area and the stream to prevent erosion and siltation of waters(See diagram below). • Minimize amount of erodible soils at any given time to the maximum extent feasible. • Check all equipment daily for leaks. Refueling and lubrication of equipment ' should occur off site. Do not store any fuel, lubricants, chemicals, or hazardous substances outside overnight within the project area. • Do not apply any chemicals when there is a possibility of rain. • No construction debris or supplies should be placed in existing forested areas or anywhere along the stream bank. • Clearly mark clearing limits with orange ribbon or construction fencing. • Comply with all permits and requirements of governing authority. PO Box 2854 Belfair,Washington 98528•Cell Phone 360-620-0618.Office Phone 360-372 2421•boad40@peoplepc.com Walker HMP December, 2006 Page 8 6' HIGH CONSTRUCTION STEEL POST FENCE 1� rww / r_ io FT VAX SPACM RIIN WNW SUPPORT FENCE 6 FT MN SPIOlG NRIQUT HNE SUPPORT FENCE FILTER FABRIC PONOINC HT. FILTER F RIC STEEL POST UCURFlY SIOE T. RUNOFF T 12�YIN. ��41�w- vv WITF1•COMPACTED TRENCH a4CKALL Silt Fence Diagram 8.2 Preservation Mitigation The remainder of the Type F stream buffer, outside of the proposed SFR, septic, and access road, will be preserved and remain in tact or enhanced with native vegetation. Footpaths are permitted within the stream buffer, but must stay outside of the banks and channel of the stream to avoid damage to vegetation and erosion along the stream channel. 8.3 Minimization Mitigation The proposed project minimizes impacts to the stream buffer by limiting the square footage of the building footprint of the SFR to 2500 square feet. The proposed SFR is located 100 feet from the stream at the nearest point, this is the furthest distance from the stream that the size and configuration of the lot will allow while meeting project objectives. 8.4 Enhancement Recommendations To mitigate for the displacement of 4855 square feet of riparian habitat associated with this project, a 40-foot strip of the stream buffer, parallel to the type F stream, has been selected for vegetative enhancement. Enhancement Zone The overstory within the type F stream buffer contains big leaf maple (Acer macrophyllum) red alder (Alnus rubra), and Douglas fir (Psedotsuga menziesii) of similar size and age. Several migratory species, including Bald Eagles, are more likely to utilize forests with a PO Box 2854 Belfair,Washington 98528•Cell Phone 360-620-0618.Office Phone 360-372 2421•boad40@peoplepc.com Walker[IMP December,2006 Page 9 diverse, unevenly aged overstory. To improve the structural diversity and increase the potential for wildlife utilization within the stream buffer, it is recommended that the portion of the type F stream buffer between the proposed SFR be enhanced with coniferous underplantings to eventually provide a more dense midstory layer resulting in a more structurally diverse forested community. The area to be enhanced within the stream buffer will be identified as the Enhancement Zone, and will occupy an area of 15,600 square feet. It is recommended that the mitigation zone be enhanced using Douglas fir (Pseudotsuga menziesii) and western red cedar (Thuja plicata). This is based on light and soil requirements, versatility, and occurrence in proximity to the site. The trees should be planted an average of 10-feet on center, from 2-gallon containers, to provide a moderately dense, structurally diverse plant community within the mitigation zones. z� t2 ti' f� Representative portion of the stream buffer to be enhanced with conifer plantings. Typically, planting should occur during winter dormancy. The optimum time for planting is during February and March, however, the need to complete the project in a timely manner may call for planting to occur outside optimum time periods. No machinery earthwork will be necessary to implement this restoration plan; planting holes for specified vegetation installation will be hand dug. No additional clearing or grading should be required for site restoration. All installed vegetation shall be marked with colored flagging to facilitate monitoring inspections. The monitoring program is recommended to insure project effectiveness. PO Box 2854 Belfair,Washington 98528-Cell Phone 360-620-0618.Office Phone 360-372 2421•boad40@peoplepc.com r Walker HMP December,2006 Page 10 Nurse Log Habitat It is recommended that the trees that are removed for the proposed project are placed within the riparian corridor of the type F stream as nurse logs. Only trees greater than 4 inches DBH should be used as nurse logs. Trees should be cut into eight-foot sections and randomly situated near the stream to mimic natural dispersion. i Invasive Species Removal Invasive species such as Himalayan blackberry, reed canary grass, Japanese knotweed, and English Ivy may invade the enhancement zone. These species are stubborn competitors for light and nutrients and limit success of native plants. Invasive species should be removed from the enhancement zone should they invade. Persistent cutting during the growing season is sufficient to offset the rhizomes of invasive species if they become a problem. 9.0 MONITORING Monitoring of the site will begin the first fall following native plantings and maintained on a seasonal basis. The information gathered will provide the following: 1) condition of reintroduced plant species; 2) the use of the site by wildlife species; 3) any unforeseen disturbance caused by the proposed project and associated aquatic habitat; 4) any occurrence of exotic species within the enhancement zone; 5) any corrective measures that may be deemed necessary to provide desired conditions. Two photo points will be established that portray the planting area from each side of the property. This monitoring will be in effect for the duration of three years. The information gathered will be provided in an annual report and submitted to the Director of Mason County Department of Community Development. 10.0 SUMMARY One stream meeting criteria for a type F stream is located on the subject property. Type F streams are regulated in Mason County, requiring a 150-foot buffer, with an additional 15- foot building setback. This buffer encompasses the majority of the parcel. The portion of the parcel outside of the stream buffer will be occupied by a septic drainfeild. The proposed project involves the construction of a 2500 square foot single-family residence, 1800 septic and a 1700 square foot access road within the type F stream buffer. A total of 655 square feet of the septic will be within the stream buffer. Given the intended use, size, and configuration of the lot, encroachment into a stream buffer is unavoidable. The proposed project will be 100 feet from the stream at the nearest point. Box 2854 Belfair,Washington 98528•Cell Phone 360-620-0618.Office Phone 360-372 2421•boad40@peoplepc.com Walker HMP December, 2006 Page I l Compensatory mitigation is recommended in the form of vegetative enhancement within the type F stream buffer,which entails coniferous understory plantings within an area occupying 15,600 square feet, and the placement of nurse logs within the riparian zone. Mitigation Measures and Best Management Practices have been identified to avoid, minimize, and mitigate for impacts associated with proposed construction. We trust this information is sufficient for you at this time. Thank you for choosing The Wetland Corps as your habitat consultant. If you have any questions, feel free to call. Respectfully submitted, The Wetland Corps Heather Lane Staff Wetland&Natural Resource Specialist Lee Boad Senior Ecologist PO Box 2854 Belfair,Washington 98528•Cell Phone 360-620-0618.Office Phone 360-372 2421-boad40@peoplepc.com REFERENCES Cowardin,L.M.,V.Carter,F.C.Golet and E.T.LaRoe, 1979. Classification of Wetlands and Deepwater Habitats of the United States.U.S.Fish and Wildlife Service document FWS/OBS-79/31. 84 pp. Washington,D.C. i • Fuller,T.C.and G.D.Barbe. 1985.The Bradley Method of eliminating exotic plants from natural reserves.Fremontia 13(2):24-26. Hitchcock,L.C.and A.Cronquist, 1973. Flora of the Pacific Northwest. University of Washington Press.. 730 pp. Hruby,T.,2004. Washington State Wetland Rating System for Western Washington —Revised. Washington State Department of Ecology Publication#04-06-025. Munsell Soil Color Charts, 1998. GretagMacbeth. New Windsor,New York. Pojar,J.and A.MacKinnon, 1994.Plants of the Pacific Northwest Coast. Lone PinePublishing.528 pp. Vancouver,British Columbia. Speare-Cooke,S., 1997. A Field Guide to the Common Wetland Plants of Western Washington and Northwestern Oregon. Seattle Audubon Society.417 pp. US Department of Agriculture,Soil Conservation Service. Soil Survey of Mason County Area, Washington. September,1977. US Fish and Wildlife Service. National Wetlands Inventory. 1978. Washington State Department of Ecology, 1997. Washington State Wetland Identification and Delineation Manual. Ecology Publication#96-94,various pagination.Olympia,Washington. Washington State Department of Ecology, 1993. Washington State Wetlands Rating System, Western Washington Second Edition. 61 pp.Ecology Publication #93- 74.Olympia,Washington. Washington State Department of Ecology, 1999. Methods for Assessing Wetland Functions for Reverine and Depression!Wetlands in the Lowlands of Western Washington. Ecology Publication#99-115.Olympia,Washington. United States Fish and Wildlife Service,1993.National List of Plant Species that Occur in Wetlands Region 9—Northwest.Resource Management Group .14�Iz:, 0 1 mile K Old Belfair Hwy ; r �y•_•— rJ i s- A • � r f AP proximate Parcel f Location ion Li Cy 4 J 'is r i l x .--''• y v�� �� �.-, : �. I �" lr, /� �i; . ,1•. ..,I,:•-:1� �, r'!G'' . r 1.i1 is 1 nU i�l�'1 ,171 >! �' /!/ FIGURE 1 VICINITY MAP Project Name:Walker HMP Location: Mfair,Washington Project: TWC06-W317 �r Client: Max Walker THE WETLAND CORPS Date: 12/06 i (4 L%009`6 1) I i au°z wneblqlW Id' "sroaajjuo-,) rl 1 ol uaear}S �adh1 i _ / .01 BSIof AOH p--OdOJJ / J r t �,9006NIZ4Z1# Pled'll1 Wid n5 LEW qwldmwN qeTqeH-191leM Z ajrh� )PWFM alu Map Legend Pssc Xx coNUa caws N -J t PEAK S CONUS sub.1OOK W Laver b Wetland Pdygo F ' E.wu,n..no MWne DeepwalM A`�?` �:: E.b.r,ne end M&".#W.D.nd F,e.hw~Em 9-1 W.9-4 F—hwe1M F.,—.dr.hrue W.Umd F,"h—t.Pond : c !!- ® YNOW Oth, PEIAF, g APproxun8te_ Bet�alr Parceliocation<; . Digital Washington n �t A 7� RG\.' Figure adapted from NWI Figure 3 National Wetland Inventory Map - Mapper website Section 21 Township 23N Range 01 W FIGURE 3 NWI MAP Project Name:Walker HMP Location: Belfair,Washington Project: TWCO6-W317 1 Client: Max Walker T CORPS Date: 12/06 � 1 r x 2 14' Approximate location of parcel f R 28 9�Mga.+.a.ati,u��ws c�r+A+t�l rouxom ssa k. 3a '�' Onsite Soil Type: (lb)Indianola Loamy Sand Indianola loamy sand, 5 to 15 percent slopes (lb): This is the dominant soil of the Indianola series. It is associated with other Indianola soils and the Everett and Alderwood soils.Forested areas have a I-to 2-inch surface layer of organic litter consisting of partly decomposed needles,leaves,twigs,roots,and moss.The surface soil,to a depth of 5 inches,is brown,very friable,single-grain loamy sand that contains a few rounded shot and many roots. The upper 2 or 3 inches of surface soil contains intermittent,firm or slightly hard,irregular aggregates stained with iron.The surface soil is dark brown when moist.The next 10 inches of soil,a transitional layer,is slightly lighter in color than the surface layer and contains fewer shot.The subsoil,a pale-brown loamy sand,begins at 15 inches and continues to depths of 26 to 30 inches. It is dark yellowish brown when moist.This loamy sand is massive but readily crushes to loose,single grains.Yellow and olivecolored sands are common.The subsoil gradually changes to the substratum,which is gray and dark-gray sand.The substratum is massive but crumbles readily to single grains when removed. It contains some light-gray, yellow, and yellowish-brown sand. A few pebbles are scattered throughout the profile where this soil merges with the Everett or Alderwood soils. The reaction is medium to strongly acid and is less acid with depth. Use and suitability.-Most areas are covered by second or third-growth Douglas-fir and hemlock,heavily mixed with alder, willow,and other deciduous trees and shrubs. This soil is so droughty and low in fertility that, except for hay and pasture, its use for agriculture is limited. The best use is forestry.In some areas where supplies of moisture are more favorable,raspberries and strawberries grow fairly well if fertilized.This soil is in capability subclass Vls and in site classes 3 and 4 for Douglas-fir. For the complete soil text for this Alderwood soils see Appendix B,Mason County Soil Survey. FIGURE 4 SOIL MAP Project Name:Walker HMP Location: Belfair,Washington The Wetland Corps 7 Project: TWC06-W317 Client: Max Walker Date: 12/06 170 41 1709606 1709808'IsDO 170970 ci XaKir 04 t + + f N Newkirk F Road N 1708 T am 1 8 08780 708782 17087 t t t + F 0 a 1 22 J t + 0 + Ma 17 0 � 17087 i1708764 J NH u 4F—0 F � Parcel u F 1 8114E 1 location 708740 1708747 0 i 170 44 + + IJ + + 2 a J I ..>�� z7 i I STRE OIS SOILS Stream Water T)w 1-5(East side) Hydric Soils i Stream T)pe Unknown(East side) Highly Uastable Stream Water Type 1-5(West side) Highly Erodible Stream T)ye Unknown(West side) Highly Unstable& Highly Erodible Water Type Cbange � No Data or Gravel Pits FIGURE 5 STREAM MAP Project Name: Walker HMP Location: Belfair,Washington Project: TWC06-W317 THE WETLAND CORPS Client: Max Walker Date: 12/06 I Notice of Application for Variance from the Mason County Resource Ordinance and Notice of Public Hearing Notice is hereby given that Max Walker,who is the applicant for the following proposal, has filed an application for a Variance. The request for a variance from the Mason County Resource Ordinance No. 77- 93 is for the construction of an approximately 2,500 square foot single family residence within a Type F stream buffer. Property location is 356 NE Newkirk Road, Belfair. Parcel No. 12321-32-90064. Date of complete application: February 7,2007. The proposed development is reviewed as a Variance under the Mason County Resource Ordinance No. 77-93, specifically Section 17.01.110, Fish and Wildlife Habitat Conservation Areas,which details stream buffer requirements and Section 17.01.150,Variances from Standards, which establishes Variance procedures and criteria. The proposal requires a Habitat Management Plan and Hearing Examiner approval. A PUBLIC HEARING will be held by the Mason County Hearing Examiner on the proposed project on Tuesday,April 24,2007 at 1:00 p.m. in the County Commissioners Chambers, Bldg. I,411 N. 5th Street, Shelton,WA. Please contact Charles Mead McCoy III of the Mason County Department of Community Development at(360)427-9670,ext. 294,with any questions or comments on this development and variance. HAROVMalker notice ofapplication for RO variance.doc.ram �TI-Ac 29 March 2007 Skokomish+Tribe ATTN: Marty Ereth N. 541 Tribal Center Road Shelton,WA 98584 RE: Variance from Mason County Resource Ordinance, VAR2007-00004, a proposal to place a new home within a Type F stream buffer at 356 NE Newkirk Road, Belfair. Dear Mr. Ereth: The enclosed Habitat Management Plan (HMP)has been provided by Kevin Boyd,who is applying for a variance from the Mason County Resource Ordinance(RO)No.77-93. The Fish and Wildlife Habitat Conservation Areas chapter of the RO requires that a variance be accompanied by a Habitat Management Plan. The proposed activity is to place a new single-family residence in a Type F stream buffer at 356 NE Newkirk Road, Belfair. The proposed construction area will not intrude into the buffer any closer than 100 feet of the OHWM. Pursuant to Section 17.01.110A the Resource Ordinance provides for comment opportunity for Washington Department of Fish and Wildlife and the Skokomish Tribe(or other relevant tribal authority). Please review the enclosed HMP and let me know if you have comments, question,or concerns about this plan. I have included my e-mail address if you find this method of correspondence more convenient. Our ordinance allows for a 28-day comment period. Closing date for comments is 24 April 2007. Thank you for your consideration in this matter. Sincerely, Charles Mead McCoy III, Planner Mason County Department of Community Development chuckm@co.mason.wa.us 28 March 2007 Wash ington%Department of Fish and Wildlife ATTN: Gloria Rogers Regional Habitat Biologist 48 Devonshire Road Montesano,WA 98563 RE: Variance from Mason County Resource Ordinance,VAR2007-00004, a proposal to place a new home of approximately 2,500 square feet within a Type F stream buffer at 356 NE Newkirk Road, Belfair. Dear Ms Rogers: The enclosed Habitat Management Plan (HMP)has been provided by Max Walker,who is applying for a variance from the Mason County Resource Ordinance(RO) No.77-93. The Fish and Wildlife Habitat Conservation Areas chapter of the RO requires that a variance be accompanied by a Habitat , Management Plan. The proposed activity is to place a new single-family residence within a Type F stream buffer at 356 NE Newkirk Road, Belfair. The proposed construction area will not intrude closer than 100 feet from the OHWM of the stream. Pursuant to Section 17.01.110.J, the Resource Ordinance provides for comment opportunity for Washington Department of Fish and Wildlife and-the Skokomish Tribe(or other relevant tribal authority). Please review the enclosed HMP and let me know if you have comments, question,or concerns about this plan. I have included my e-mail address if you find this method of correspondence more convenient. Our ordinance allows for a 28-day comment period. Closing date for comments is 24 April 2007. Thank you for your consideration in this matter. Sincerely, Charles cCoy III, Planner Mason County Department of Community Development chuckm@co.mason.wa.us VARIANCE APPLICATION MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 411 N. 5th Street/P.O. Box 279,Shelton,WA 98584 d Variance from Standards As stated in Mason County Code Title 15, Section 15.09.057.VARIANCE CRITERIA, variances from the bulk and dimension requirements of the Resource Ordinance or the Development Regulations(zoning regulations)may be allowed as follows. The County must document with written findings compliance or noncompliance with the variance criteria. The burden is on the applicant to prove that each of the following criteria is met. Application for a variance does not guarantee approval. A variance is an application for a special"exception to the rule". The proposal must undergo public review and must meet the specific variance criteria listed below. Applicant name: Max Walker Telephone No. 36( 0)_620-2040 Mailing address: 356 NE Newkirk Rd, Belfair,WA 98528 Site address: Owner Name(If different than applicant): Max and Michelle Walker ' Owner Address(If different than applicant): Same as applicant Tax Parcel# 123213290064 Legal Description:TR 6-D of NW SW Lot:D SP#2792 Type of Variance Requested: Mason County Resource Ordinance X Mason County Development Regulations Subdivisions and Plats 1. Describe the specific modification from the terms of the Chapter required. Construction of single family residence within regulated type F stream buffer. 2,500 square feet of building will be constructed 100-feet from the stream at the nearest point. cAI)ocuments and settings\I.cc\My I)ocuments\jobs\So*cams\Walkcr\Variancc Application 2007 Walkcr.d- 2. Describe the reasons for the variance. The regulated stream buffer encompasses almost the entire ownership. Portions of the ownership outside the buffer will be occupied by an on-site sewage system. 3. No variance shall be granted unless the County makes findings of fact showing that certain circumstances exist. Please address each of the following standards and how the proposal pertains to these circumstances. a. That the strict application of the bulk, dimensional or performance standards precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by County regulations; Due to the presence of critical areas within the property, the strict application of buffer and setback requirements listed in the Mason County Resource Ordinance would not allow adequate space to accommodate residential use of the property. b. That the hardship which serves as a basis for the granting of the variance is specifically related to the property of the applicant, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the County regulations, and not, for example, from deed restrictions or the applicant's own actions; The hardship is specifically related to the parcel due to the limited size and presence of natural features. The regulated buffer associated with the stream captures nearly the entire property leaving no space for a house. c. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the environment; A Habitat Management Plan has been prepared which identifies measures necessary to avoid, minimize, and compensate for negative effects to the environment. The applicant is seeking compliance with county regulations, specifically, FWHCA standards. Similar protects have been approved in Mason County allowing residences to be constructed within regulated type F stream buffers. No view corridors will be obstructed or modified. The findings of the Habitat Management Plan conclude that no impacts to habitat or the use of the site by threatened or endangered species are expected to occur. All recommendations listed in the HMP will be followed which will preserve and enhance the riparian area within the property and minimize potential for long tern environmental impacts. d. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief; The proposed footprint is designed to accommodate both a single family residence and an attached garage. Residences in proximity to the protect site are comprised of similar footprints. e. That the public interest will suffer no substantial detrimental effect; Increased traffic and noise will not be of a magnitude that would substantially effect nearby residences. The application of standards listed in the Habitat Management Plan will insure that natural features associated with the project C:\Documents and SettingsM ee\My Documents\jobs\Streams\Walker\Variance Application 2007 Walker.doc site are preserved and/or enhanced. There will be no detrimental effect to the public interest resulting from the proposed proiect. f. No variance shall be granted unless the owner otherwise lacks a reasonable use of the land. Such variance shall be consistent with the Mason County Comprehensive Plan, Development Regulations, Resource Ordinance and other county ordinances, and with the Growth Management Act. Mere loss in value only shall not justify a variance. The property is zoned urban growth. The lot is of sufficient size to accommodate residential development consistent with the surrounding area. The proiect constitutes in-fill development in a residentially zoned area and is consistent with the Mason County Comprehensive Plan and the Growth Management Act. The proiect has been proposed to address all environmental impacts associated with development near the stream. Applicant Signature Date Owner Signature Date FEES: Development Regulations Variance: $920.00 Hearings Examiner: $490.00 Subdivision and Plats Variance: $920.00 Hearings Examiner: $490.00 50.00 Resource Ordinance Variance: 00 Hearings Examiner: $ 0 Habitat Management Plan (HMP) Review Fee: $ 0 00 NOTE: Applicant will also be billed for all advertising costs (See attached). C:\Documents and SettingsTeeNy Documents\jobs\Streams\Walker\Variance Application 2007 Walker.doc LIST OF ADJACENT PROPERTY OWNERS"" WITHIN 300 FEET OF YOUR PROPERTY BOUNDARIES FOR VARIANCE REQUEST "Addresses are to be obtained from the Mason County Assessors Office,Bldg. 1,Second Floor. C�gC�C�-�x1 10 N E,� NEwK��KQo C 00cuments end SettingsUAcwy Documents\jobs\Streams\Welker\Variance Application 2007 Walker.doc VARIANCE REQUEST Publication cost is the responsibility of the applicant. Final permit processing will not occur until advertising fees have been paid to the newspaper by the applicant. The Shelton-Mason County Journal will bill the applicant directly. I /WE understand that I / WE must sign and date the attached acknowledgment indicating and that 11 WE understand that is MY/OUR responsibility. I /WE must submit the signed page as part of application in order for it to be considered as complete. OWNER: ��, . APPLICANT: DATE: CADocuments and SettingsUcc\My Documents\jobs\Strcams\Walker\Variance Application 2007 Walker.doc Parcel Information for parcel number: 123213290064 AT Page I of I : 1MASON COUNTY Washington Government • Information Services DepartmentsMason County Home Employment Forms&Brochures Phone#'s&Addresses Campus Map Codes&Regulations Community Links Visit Mason County Search our Site Assessor Parcel number: 123213290064 iew Ma Treasurer Owner Information Records 356 NE NEWKIRK RD 1 MAX T&MICHELLE W WALKER BELFAIR WA 98528-9642 J ►New Search ---- ---- - — --- - ------ ►Parcel Detail Taxpayer Information ►Parcel Value HOMESTREET BANK 601 UNION ST SUITE 2000 ►Site Built Buildings -- — SEATTLE WA 98101-2326 ►MH and Personal Legal Description Property ITR 6-D OF NW SW LOT: D SP#2792 ►Sales Info Site Address ►Taxes Reval Area ?0 Field Sheet 'IFS 05083:13 ►Permits Land Size* 1.39 Land Use ? VACANT LAND 5 ►Profile(Summary ACRES& UNDER View of all items) Tax Code • Tax Code Description 1 403 A P3 F2 L C ' 276 H W1 Census Tract Click Here *if the value is .00(zero)then the property is most likely in a plat and acreage is not usually carried on platted lots Last Updated:4/9/2007 Information may be inaccurate and outdated. Please refer to the Assessor/Treasurer Offices to verify any information Assessor Home Treasurer Home Search our Site Disclaimer Directory �I http://www.co.mason.wa.us/astr/parcel_detail.php?parcel_number=123213290064 4/16/2007 I f Return To: TITLE NOTIFICATION OF HABITAT MANAGEMENT PLAN DATE: OWNER NAME: MAILING ADDRESS PARCEL# LEGAL DESCRIPTION: (ABBR.FORM: QUARTER/QUARTER,SECTION,TOWNSHIP,RANGE,PLAT, LOT&BLOCK) NOTICE: The property was the subject of a development proposal within a critical area or its buffer,for the purpose of application number filed on (date) This property is subject to the conditions,mitigation and/or conservation measures as contained within the Habitat Management Plan submitted to and approved by the Mason County Department of Community Development. Restrictions on the use or alteration of the property may exist due to the contents,conditions,mitigation and/or conservation measures of the Habitat Management Plan which are to be maintained in perpetuity. A copy of the Habitat Management Plan is attached hereto. GRANTOR(S): , LAST FIRST MI LAST FIRST MI SIGNATURE(S): GRANTEE: PUBLIC MASON COUNTY BOND FORM Type of Permit: Name: Type of Improvement: Project Location: Legal Description of Property: With reference to the above-identified matter,this will certify that this institution has a savings account(or loan)for the above-referenced owner/developer/contractor for the project so identified. In consideration of the permitted improvement,and in lieu of a performance bond,this institution hereby agrees that it will freeze the following sums of money for the indicated improvement pending written authorization for release of said funds by in the amount of$ Dollars. The total sum indicated will be withheld by this institution from any disbursements of any kind until written authorization has been received by this institution from Mason County to release the sum of money indicated by the written authorization from the County. The design,location,materials and other specifications for the indicated improvement are those required by Mason County as appears in the above-referenced document/permit, and shall be incompliance with the Mason County Resource Ordinance,Chapter 8.52 Mason County Code as amended. These funds shall be held by the institution for a period of three years. In the event that (responsible party's name)does not comply with the aforementioned requirements,Mason County may demand,and the institution shall make,payment to Mason County of said funds so that the necessary repairs can be performed immediately to Mason County standards. The institution shall not be liable to (responsible party's name)for any disbursement of said funds to Mason County. The conditions in this agreement may only be amended or revoked by express written condition of Mason County. Signature of Responsible Party Date Confidential Page 1 Form Revised:03/25/03 Accepted: Name of Bank/Phone Number Approved: Title: � I Bank Address Date Account Number STATE OF WASHINGTON, County of. (Individual Acknowledgement) I, Notary Public in and for the State of Washington,residing at do hereby certify that on this day of .20_ .personally appeared before me to me known to be the individual described herein and who executed this instrument and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of '20 Notary Public in an for the State of Washington;residing at in said County. My Commission expires Confidential .Page 2 Fonn Revised:03/25/03 I T J',+,owl il r !tlk Jl z �> it AA M r ti �A •I� MF*' ;r T'l A q .� jFF�r E _ •_�A :I i�1�+.� ..r 'may