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HomeMy WebLinkAboutDestruction and Alteration of a Regulated Buffer Area Hearing - GRD Letters / Memos - 5/17/2004 MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION ADVISORY REPORT FINDINGS, CONCLUSIONS,AND RECOMMENDATIONS To: Kristen Olbrechts, Hearing Examiner From: �- -2� J, Kristin French Code Enforcement Planner Date: May 17, 2004 File: Ronald and Mary Devore, et al 32127-53-00135 HEX2004-00021 Hearing Information: May 19, 2004, at 1:00 pm Mason County Building One Commissioners' Chambers 411 N. 5" Shelton, WA 98584 I. INTRODUCTION A. Defendant Information 1. Defendants: Ronald and Mary Devore, et al (ATT. B) 2. Site Location: Tax Parcel Number 32127-53-00135 Mason County, Shelton, Washington. B. Violations (as detailed in NOTICE OF CIVIL VIOLATION): Highlighted text references the applicable law. Citations are to text"as adopted,"with copies of the applicable text attached following this Staff Report. (ATT. A) COUNT(1) On or about July 2, 2003, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer(ATT. C) on parcel number 32127-53- 00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal Pagel of 5 occurred on a parcel owned,used, controlled, maintained, or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020, to wit: Native vegetation was completely removed as evidenced by photos taken July 2,2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcel number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on July 2, 2003. (ATT. C) COUNT (2) On or about April 5, 2004, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer(ATT.D)on parcel number 32127- 53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned, used, controlled,maintained, or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020, to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcel number 32127-53-00135,constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on April 5, 2004. (ATT. D) C. Compliance Requirements Based on the statements of Fact and Attachments in this report,the County recommends that Ronald and Mary Devore, owners of tax parcel number 32127-53-00135, achieve compliance with the Mason County Resource Ordinance by completing the requirements that follow. • Submit a Restoration Plan, Restoration Bond and $360 Plan Review and Monitoring Fee. Reference correspondence dated December 31, 2003 for details regarding these requirements. (ATT. E) Page 2 of 5 i II. FINDINGS OF FACT AND CONCLUSIONS A. Case Chronology 1. On July 2, 2003, I conducted an inspection of parcel number 32127- 53-00135 in response to a complaint received by the Mason County Planning Department. (ATT. L) I determined that a violation of Mason County Resource Ordinance section 17.01.110 had occurred. (ATT. C) 2. On July 23, 2003, a letter dated July 22, 2003 was mailed first class and certified to Mr. and Mrs. Jones. The letter detailed the violation and requested that the owners contact me by August 8, 2003 to discuss the issue. (ATT. G) 3. On July 28,2004, I discussed this matter with Mr. Devore. I explained the issues and learned that Harold Raines of Raintree Timber Marketing and Consulting performed the clearing. At Mr. Raines request, I attempted to contact Mr.Raines, but did not receive a response to messages left at his contact numbers—(360) 426-2911 and (360)490-1098. Mr. Raines also advised me that Mr. Tom Taylor with Lake Limerick Community Club had approved a plot plan with a 50' stream buffer and that DNR had advised that no Forest Practice Permit would be required due to the proximity of the clearing activity to residential structures. (ATT. H) 4. On January 2, 2004, a letter dated December 31,2003 was mailed to the owners first class and certified. (ATT.E) The letter advised that I had not been able to reach Mr. Raines (contractor). I also advised that I had discussed the issue with DNR forester Jerry Johnson. Jerry told me that he had determined that no Forest Practice Permit application would be required for the work in question. However, Jerry stated that he routinely informs applicants that although a Forest Practice Permit application is not required,other regulations (such as local County regulations) still.apply. Additionally, I advised that applicable County requirements were detailed in notes associated with case number RLC98-0234. (ATT. F) RLC98-0234 was a site inspection performed in 1998 by Planning staff, with notes retained in the legal parcel file. The current work in question does not comply with RLC98-0234. Compliance requirements were detailed and a due date of February 12, 2004 was set. No response was received and both the first class and certified mailings were returned. 5. On April 5,2004, I conducted a follow-up inspection to evaluate the site conditions. I observed that no restoration work had been performed. The site remains in a condition that constitutes a violation of the Mason County Resource Ordinance. I attempted to contact the owner via phone (360) 426-1448, but found that the number is disconnected. Page 3 of 5 6. On April 8, 2004, I mailed a Notice of Hearing and Notice of Civil Violation, dated April 5, 2004,to the owners first class and certified. The certified mailing was returned. (ATT. I) 7. On April 14, 2004, the Notice of Hearing and Notice of Civil Violation, dated April 5, 2004,was re-mailed to the owners at a Tacoma area address that I obtained from the Lake Limerick Community Association. The certified mailing was returned. (ATT. J) 8. On May 7, 2004, the Notice of Hearing and Notice of Civil Violation, dated April 5, 2004,was re-mailed to the owners at the Tacoma area address, following my verification that the address (1319 E. 66`}' St. Tacoma, WA 98404) is the address on file with the Department of Licensing. The certified mailing was returned but both of the first class mailings to the Tacoma address have not been returned. Service is deemed to be complete. (ATT. I- III. RECOMMENDATION The County requests that a fine amount of$2,000 be imposed($1,000 per count for two counts, in accordance with Mason County Development Code section 15.13.050),with $500 on each count ($1,000 total)to be suspended if compliance is achieved as requested above. The County recommends that$1,000 become due and payable within thirty(30)days of service of the Hearing Examiner's Final Decision and Order. The County recommends that the remaining $1,000 become fully due and payable within sixty(60) days of service of the Hearing Examiner's Final Decision and Order if complete compliance has not been achieved. The County recommends that the defendant be found responsible for costs incurred by the County in pursuing this matter and for the cost of the Hearing Examiner's involvement in this matter. The County recommends that the costs itemized below become fully due and payable within thirty(30) days of service of the Hearing Examiner's Final Decision and Order. The County is providing the following itemized account of the expenses incurred as required by section 15.13.055: Page 4 of 5 1. Notice of Civil Violation/Staff Report 4 hours $52.30/hr $209.20 2. Consultation with attorney Darren Nienaber %2 hour $75.00/hr $ 37.50 4. Hearing Examiner Expense $Amount to be tabulated by the Hearing Examiner and included in the Decision and Order. TOTAL: $246.70 plus Hearing Examiner costs imposed Signed �—�— �� Dated 7, Title/Authority h PU-% — (m"L Page 5 of 5 ATTACHMENT A i 17.01.110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS A. PURPOSE. Fish and wildlife habitat conservation means land management for maintaining species in suitable habitats within their natural geographic distribution so that isolated populations are not created. This does not mean maintaining all individuals of all species at all times, but it does mean intergovernmental cooperation and coordination is critically important in a region. In some cases, it is sufficient to assure that a species will usually be found in certain regions across the state. The provisions for the protection of habitat contained in this section can not succeed in their purpose of supporting viable populations of fish and wildlife species unless other agencies and the public also act to protect the species. In the case of anadromous fish, the Statewide Salmon Recovery Strategy identifies that it will take a balanced approach to addressing the factors of decline that are within human control, including harvest, hatchery, habitat, and hydropower. The underlying assumption within this section is that impacts to anadromous fish or their habitat or to fish and wildlife conservation areas shall be avoided or mitigated as detailed in an approved Habitat Management Plan as described in Section 17.01.110.J. The intent of this Section is to: 1. Protect critical habitat features to support genetically viable populations of fish and wildlife species and allow for commercial and non-commercial uses; 2. Protect the biological, physical, and chemical components of water quality for the benefit of aquatic and terrestrial resources,as well as human consumptive uses; 3. Ensure that natural stream and marine shoreline functions such as flow patterns, production of sediment and large woody debris are maintained with minimal interference or impact to private property; 4. Protect habitat for federal or state listed endangered,threatened or sensitive fish and wildlife. 5. Encourage non-regulatory methods of habitat retention whenever practical, through education, and the Open Space Tax Program. 6. To supplement the Shorelines Master Plan for Mason County to preserve and protect critical fish and wildlife habitat pursuant to(WAC 365-190-080(5)). It is the intent that this ordinance will compliment and supplement the Shorelines Master Plan. 7. To implement the Mason County Comprehensive Plan and to achieve these purposes consistent with the Comprehensive Plan. B. FISH AND WILDLIFE HABITAT CONSERVATION AREA CATEGORIES. Fish and wildlife habitat conservation areas include both aquatic and terrestrial areas within Mason County. The approximate location and extent of critical fish and wildlife habitat areas are displayed in the Washington Department of Fish& Wildlife's (WDFW) Priority Habitat and Species (PHS) Program database. Mason County will also use other available information for these critical fish and wildlife habitat areas, including tribal and federal databases and local knowledge. The following categories shall be used in classifying critical areas to be regulated under this ordinance: 1. Commercial and recreational shellfish areas. 2. Kelp and eelgrass beds; herring, sand lance, and smelt spawning areas. 3. Naturally occurring lakes and ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat. 4. Streams. 5. Saltwater Shorelines, and Lakes 20 Acres and Greater in Surface Area. 6. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal Mason County Resource Ordinance 53 Revised June 20,2003 entity. 7. State Department of Natural Resources natural area preserves and natural resource conservation areas. 8 Areas with which Federal or State endangered,threatened and sensitive species of fish and wildlife have a primary association. Those species known to be found in Mason County are listed in Table 1. Protection of species habitats is determined by the State or Federal listing, and their actual presence near the site subject to review. Other listed and protected species may be found in Mason County,which are not in Table 1. 9. Areas that contain habitats and species of local importance as listed in Table 1 below. Species of local importance may include, but are not limited to, State Candidate and Monitor species. Table 1. Species of Importance that may occur in Mason County Species Scientific Name State Status Federal Status Fish Bull Trout Salvelinus confluentis Candidate Threatened Puget Sound Chinook Onchorynchus tshawytscha Candidate Threatened Hood Canal Summer Onchorynchus keta Candidate Threatened Chum Dolly Varden Salvelinus malma none none Amphibians Western Pond Turtle Clemmys maramorata Endangered Species of Concern Cascade Frog Rana cascadae none Species of Concern Van Dyke's salamander Plethodon vandykei Species of Concern Species of Concern Tailed Frog Ascaphus truei Monitor Species of Concern Olympic Torrent Ryacotriton olympicus Monitor none salamander Mollusks Newcomb's littorine snail Algamorda newcombiana Species of Concern Species of Concern Birds Marbled Murrelet Brachyramphus marmoratus Threatened Threatened Bald Eagle Haliaetus leucocephalus Threatened Threatened Northern Spotted Owl Stridex occidentalis Endangered Threatened Northern Goshawk Accipiter gentilis Candidate Species of Concern Peregrine Falcon Falco peregrinus Endangered Species of Concern Pileated Woodpecker Drycopus pileatus Candidate none Common Loon Gavia immer Sensitive none Harlequin Duck Histrionicus hstrionicus none Species of Concern Brandt's Cormorant Phalacrocorax penicillatus Candidate none Olive-sided Flycatcher Contopus boreaus none Species of Concern Golden Eagle lAquilla chrysaetos Candidate Inone Mason County Resource Ordinance 54 Revised June 20,2003 I Great Blue Heron Ardea herodias Monitor none Merlin Falco columbarius Candidate None Purple Martin Progne subis Candidate None Western Bluebird Sialia mexicana Monitor None Vaux's Swift Chateura vauxi Candidate None Mammals Gray Wolf Canis lupis Endangered Endangered Pacific Fisher Martes pennanti Endangered Species of Concern Townsend's big-eared bat Plecotus townsendii Candidate Species of Concern Shelton pocket gopher Thomomys Candidate None Merriam's Shrew Sorex mem.ami Candidate none Roosevelt elk Cervus elaphus roosevelti none None Pygmy Shrew ISorex hoyi Monitor None Table 2. Priority Species not Federally or State listed and not governed by this ordinance. Species Scientific Name State Status Federal Status Blue Grouse Dendragapus obscurus None None Band-tailed Pigeon Colmba fasciata None None Wood Duck Aix sponsa None None Hooded Merganser Lophodytes cucullatus None None Mountain Quail Oreortyx pictus None None C. DESIGNATION The areas classified in Section B above as Fish and Wildlife Habitat Conservation Areas (FWHCA) are hereby designated under RCW 36.70A.060 and RCW 36.70A.170,as critical areas requiring proper land management to protect their value and functions. D. ESTABLISHMENT OF BUFFERS ON FISH &WILDLIFE HABITAT CONSERVATION AREAS 1. Fish and Wildlife Habitat Conservation Areas shall have Buffers and Building Setbacks established. The standard buffer and setback requirements are shown in Table 3. a. Buffers or setbacks shall be maintained along the perimeter of Fish and Wildlife Habitat Conservation Areas Buffer distances associated with streams shall be measured horizontally from the ordinary high water mark(OHWM)or channel migration zone(CMZ), whichever is greater. All other buffer distances shall be measured horizontally from the established FWHCA perimeter. b. Buffers shall be retained in their natural condition, except as provided elsewhere in this ordinance. C. Building Setback Lines: A building setback line of fifteen (15)feet is required from the edge of any buffer area, except for Type 1 saltwater and lake excluding Conservancy Shorelines. Mason County Resource Ordinance 55 Revised June 20,2003 2. The following are special provisions for buffers and setbacks on lots created prior to December 5, 1996,and which are located on a Type 1 water that is a saltwater or is a freshwater lake. As stated in the Table 3,there shall be a standard 100 foot buffer for a total of 100 feet as measured from the ordinary high water mark(OHWM). Provided, however,that in the following circumstances,these special provisions apply instead of the standard buffer and setback requirement. a. Special provision for view protection on subject lots. Applications for single-family residential construction and meeting the following conditions shall have buffers and setbacks as described below: 1) Where existing residences are on both sides of and within 150 feet of the lot line of the subject lot, and no more than 200 feet from the shoreline OHWM, the setback on the subject lot is determined by an imaginary common line drawn across the subject lot which connects the shore-side roof lines of the first adjacent existing residences. (See Figure 1). The common line set back may be more or less than 100 feet from the OHWM, provided, however,that: (a) the buffer shall not be less than 20 feet in width from the OHWM and a minimum setback from the edge of the buffer is 15 feet; and (b) there shall be a maximum buffer of 100 feet from the OHWM with the balance of the setback established by the common line to be a building setback area. 2) Where an existing residence is on one side of and within 150 feet of the lot line of the subject lot, and no more than 200 feet from the shoreline OHWM,the setback on the subject lot is determined by an imaginary common line drawn from the shore-side roof line of the existing residence and across the subject lot to a point which is 100 feet from the OHWM along the far lot line of the subject lot. (See Figure 2).The common line set back may be more or less than 100 feet from the OHWM, provided, however,that: (a) the buffer shall not be less than 20 feet in width from the OHWM and a minimum setback from the edge of the buffer is 15 feet;and (b) there shall be a maximum buffer of 100 feet from the OHWM with the balance of the setback established by the common line to be a building setback area. 3) As used in this section, a "residence"refers to the principal dwelling/residential structure and does not include outbuildings or other structures. 4) When applying 1)above, if the shoreline has a high degree of curvature,the Administrator may use the average set back from OHWM of the two existing residences rather than the imaginary line between the rooflines in order to establish the common line setback. When applying 2) above, if the shoreline has a high degree of curvature,the Administrator may use the average of the set back from OHWM of the existing residence and the 100 foot setback, rather than the imaginary line between the roofline and the 100 foot setback, in order to establish the common line setback. b. Special provision for water-dependent uses on existing lots. Applications for development defined as water-dependent uses shall provide the standard 100 foot buffer along as much of the shoreline as possible while making the minimum necessary adjustments to the buffer to provide for the water- dependent use, as determined by the Director. Such development shall meet the requirements of other applicable regulations, including other Resource Ordinance sections and the Mason County Shoreline Master Program. Mason County Resource Ordinance 56 Revised June 20,2003 Table 3. Fish&Wildlife Habitat Conservation Area Development Standards. Habitat Type Buffer Building Setback from Buffer Type 1 Stream 150 feet 15 feet Type 2 Stream 150 feet 15 feet Type 3 Stream 150 feet 15 feet Type 4 Stream 100 feet 15 feet Type 5 Stream 75 feet 15 feet Type 1 Saltwater and Lake* 100 feet 0 feet Excluding Conservancy Shorelines Conservancy Shorelines**,Type 1 100 feet 15 feet Saltwater and Lake *Type 1 lakes are lakes over 20 acres.All saltwater shorelines are Type 1. "Conservancy Shorelines are those shorelines designated as Conservancy Shoreline Environment in the Mason County Shoreline Master Program. 3. Provision for Decreasing Buffer. For major new development, Mason County may decrease the buffer after consultation with the Washington State Department of Fish and Wildlife and the Skokomish Tribe, the Quinault Tribe and/or the Squaxin Island Tribe, after review and approval of a Habitat Management Plan,and after a public hearing. 4. Provision for Increasing Buffer. Mason County may increase the buffer width on a case-by-case basis, after a public hearing, as provided in subsection 17.01.120.L., when a larger buffer is necessary to protect the structure, function and value of Fish &Wildlife Habitat Conservation Areas. The buffer shall be increased or other protections shall be provided in order to prevent a significant adverse environmental impact by a proposed project on those functions and values. This determination shall be supported by appropriate documentation to be obtained in consultation with the state of Washington and the Skokomish Tribe, Quinault Tribe and/or the Squaxin Island Tribe. Such determination shall be attached as a permit condition and shall demonstrate that: a. A larger buffer is necessary to maintain viable populations or critical habitat of endangered,threatened, or sensitive species; or b. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts to the FWHCA; or C. If the FWHCA contains variations in sensitivity, increasing the vegetation area widths will only be done as necessary to preserve the structure,function and value of the FWHCA. d. If the increase in buffer is based on the upland area feeding substantial material to the net-shore drift system, as identified in the Mason County Shoreline Inventory Report, June 12, 1995,that the larger buffer is necessary in maintenance of that system and the functions and values of the FWHCA. The increase shall approximate the bluff erosion distance having occurred over the past 50 years, based on best available information. E. STEWARDSHIP OPTIONS AND INCENTIVES The purpose of this subsection is to encourage property owners to protect critical areas and their buffers and to reduce the burden on property owners from the application of the Resource Mason County Resource Ordinance 57 Revised June 20,2003 Ordinance regulations. Options given below may be used individually,or they may be combined for greatest effect and benefit. 1. Open Space Bonus: Any property owner, except on land designated as Long-Term Commercial Forest Lands,Agricultural Resource Lands or Mineral Resource Lands, may apply for a performance subdivision as provided in Chapter 16.22, Mason County Code. Approval of such a subdivision provides for a development density bonus-that is, it allows more lots for development-in exchange for the protection of critical areas and meeting other design requirements. 2. Open Space Tax Assessment: Any property owner may apply for current use property tax assessment for lands which are fish and wildlife habitat conservation areas or their buffers pursuant to RCW 84.34. a. The land proposed for current use tax assessment shall be in a separate tract or a conservation easement. b. Any person who owns an identified critical area or its associated buffer may place a conservation easement over that portion of the property. A conservation easement is a legal agreement a property owner makes to restrict the type and amount of development that may occur on a parcel. Each easement is tailored to the particular property and to the interest of the individual owner. The property owner grants an easement to an appropriate governmental agency or non-profit land trust. It provides significant property and federal income tax benefits to the property owner.The purpose of the easement shall be to preserve, protect, maintain, restore and limit future use of the property affected. The terms of the conservation easement may include prohibitions or restrictions on access and shall be approved by the property owner and the county. 3. Density Credit On lands containing FWHCAs or their buffers, the county shall allow a transfer of density for residential uses from the portion of the property containing the critical areas or buffers to that portion of the property that does not contain critical areas or buffers-that is,the property could be developed with the same number of lots it would have if critical areas were not present-provided that such transfer does not create any adverse impacts to the critical area that can not be adequately mitigated and provided that all other development regulations can be met. 4. Tax Re-assessment The owner of any property that has been affected by a permit decision by the county may request an immediate re-assessment by the Mason County Assessors Office, as provided by RCW Chapter 84. 5. Conservation Futures: If approved by a vote of the people of Mason County, Mason County shall use conservation futures revenue to compensate affected property owners for the impact of protecting fish and wildlife through the purchase of conservation easements on impacted land or the impacted land. 6. Education: The county encourages proper stewardship on land to provide benefits to fish and wildlife. The county shall provide educational information to the public through its sponsorship of the Washington State Cooperative Extension Service,the Mason Conservation District, or through the provision of informational materials in its offices. 7. Best Management Practices: Where not otherwise required, Mason County encourages the use of best management practices that are part of site preparation,development construction, and use activities after construction: erosion and sediment control measures; maintain existing vegetation and minimize site clearing; use native plants in landscaping rather than lawn areas; control runoff to small ponds and buffer vegetation; and minimize use of fertilizers and chemicals in property maintenance(pest, weed,and moss control; sealants, oils, and fuels). F. ACTIVITIES WHICH DO NOT REQUIRE A MASON ENVIRONMENTAL PERMIT The following uses shall be allowed, within a FWHCA or its buffer to the extent that they are not prohibited Mason County Resource Ordinance 58 Revised June 20,2003 b an other applicable y y pp cable law or ordinance, provided they are conducted so as to minimize any impact on the values and functions of the FWHCA, and provided they are consistent with any county approved Resource Ordinance Special Study(such as a Habitat Management Plan or Geotechnical Report)or any state or Federally approved management plan for an endangered,threatened, or sensitive species. 1. The remodel, repair, or change of use of an existing building within its existing footprint, plus or minus ten percent and provided that such expansion does not increase any intrusion into the aquatic management area or buffer. Reconstruction of structures destroyed by fire or other means, provided that completed application for reconstruction occurs within the previous structural footprint and within two years of the destruction. This provision is intended to apply only to that portion of a building which lies within a FWHCA or its buffer. 2. The removal from buffer areas of noxious weeds designated in Chapter 17.10 RCW. 3. All new and existing agricultural activities within any FWHCA and or its buffer complying with a current conservation plan that conforms with the standards and specifications of the Natural Resources Conservation Service and is submitted to and approved by the Administrator; or operating in conformity with a permit of a state agency, except as required by subsection 17.01.110 G.2.f. below. 4. Buffer alterations for view corridors are allowed with emphasis placed on limbing and with selective timber removal minimized to the extent possible. Proposed alterations shall be the minimum to afford views within the buffer and shall minimize shrub vegetation removal and ground disturbance while maintaining the large mature trees. Under this provision, no more than 10 percent of trees in the buffer less than six inches in diameter at breast height may be removed from the buffer without specific authorization from Mason County, which may allow removal up to 20 percent. View corridor improvement actions which include the removal of trees larger than six inches in diameter at breast height will require Mason County approval and replacement with native tree and/or shrub plant species are limited to 15 percent of such trees in the buffer. 5. The removal of danger trees from buffers which pose a direct threat to property and life, provided they are documented by a professional forester. Removal of danger trees shall be mitigated by planting a total of six(6) new trees seedlings each a minimum three years old and each of the same species as the removed tree or native species trees. If the replacement is judged to be unnecessary, Mason County may require the applicant to place the downed danger tree within the buffer as habitat. 6. The enhancement of a buffer by planting indigenous vegetation. 7. The construction of trails which shall be unpaved when located in the buffer areas and elevated when located in wetlands,which are not intended for motorized use, and which are no wider than three(3)feet, unless additional width is necessary for safety along a precipice, steep hillside, or other hazardous area. 8. Harvesting of Wild Crops: Harvesting wild crops which do not significantly affect the viability of the wild crop,the function of the Fish and Wildlife Habitat or regulated buffer (does not include tilling of soil or alteration of the Fish and Wildlife Habitat Conservation Area). 9. Any of the General Exemptions authorized by Section 17.01.130. G. DEVELOPMENT AND ACTIVITIES REQUIRING A MASON ENVIRONMENTAL PERMIT IN FISH & WILDLIFE HABITAT CONSERVATION AREAS OR THEIR BUFFERS A Mason Environmental Permit shall be obtained from the County, using the administrative review Mason County Resource Ordinance 59 Revised June 20,2003 process in this Chapter, before undertaking the following activities in FWHCAs or their buffers. When a major new development is proposed within 1/4 mile of a listed species point location (den or nest site), as identified through the WDFW PHS data base,tribal and other local fish and wildlife databases or knowledge,a preliminary review by a qualified fish and wildlife professional shall be provided to the county which shall determine if a FWHCA or its buffer is within the area of the development. 1. A Habitat Management Plan(HMP)shall be prepared for these activities: a. The removal, excavation, grading, dumping, discharging or filling of any material unless part of a project which has been permitted pursuant to this section or for which no permit is required. b. The destruction or alteration of FWHCA's or their buffers through clearing, harvesting, shading, intentional burning,vegetation removal (terrestrial, freshwater, or marine), or planting of vegetation that would alter the character of the FWHCA or buffer, unless part of a project which has been permitted pursuant to this section or for which no permit is required. C. New Residential Construction and Major New Development New residential construction and major new development is not permitted within FWHCA or its buffer, except for the activities listed in this subsection G, or as approved through a variance or reasonable use exception as provided in subsection K. The design and siting of these projects should not adversely impact water quality of receiving waters such as wetlands,streams, rivers, Hood Canal or Puget Sound. In addition, project design should meet or exceed any storm water design requirements to avoid any risk of decertification of shellfish beds or impacts to baitfish (herring, smelt, sand lance, candlefish ,etc.)spawning areas. d. Stream Relocation: Stream relocations are discouraged except for the purpose of fisheries restoration and require a Habitat Management Plan. Stream relocation shall only be permitted when adhering to the following minimum performance standards and when consistent with Washington State Department of Fish and Wildlife Hydraulic Project Approval. i. The channel, bank and buffer areas shall be replanted with native vegetation that replicates a natural, undisturbed riparian condition; and, ii. For those shorelands and waters designated as Frequently Flooded Areas pursuant to Section 17.01.090, a professional engineer licensed in the State of Washington shall provide information demonstrating that the equivalent base flood storage volume and function will be maintained. iii. Relocated stream channels shall be designed to meet or exceed the functions and values of the stream to be relocated as determined by the monitoring in the Habitat Management Plan. e. Bank Stabilization:A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures(structure is defined for this purpose as those requiring a Building Permit pursuant to the Uniform Building Code), public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat, flood control and improved water quality. Bluff, bank and shoreline stabilization shall follow the standards of the Mason County Shoreline Master Program, Landslide Hazard Areas, and any floodplain management plan adopted by the Board of Commissioners. Mason County may require that bank stabilization be designed by a professional engineer licensed in the State of Washington with demonstrated expertise in hydraulic actions of shorelines. For bank stabilization projects within FWHCAs, emphasis shall be placed on bioengineering solutions(vegetation versus hard surfaces) unless proved by the applicant to be infeasible. Bank stabilization Mason County Resource Ordinance 60 Revised June 20,2003 projects may also require a Hydraulic Project Approval from the Washington Department of Fish and Wildlife and will be determined after consultation with WDFW. f. Gravel Mining: Gravel mining is discouraged within FWHCAs or their buffers, and it shall not be permitted if it causes significant adverse environmental impact, but it may be allowed following the review and approval of a Habitat Management Plan, including a detailed mining and reclamation plan (required by the Washington Department of Natural Resources). g. Conservation: Any conservation, preservation, or enhancement projects to protect functions and values of the critical area system, including activities and mitigation allowed pursuant to the mitigation priorities identified in Section I. h. Outdoor Recreation, Education and Trails: Activities and improvements which do not significantly affect the function of the Fish and Wildlife habitat or regulated buffer (including viewing structures,outdoor scientific or interpretive facilities,trails,hunting blinds, etc.) may be permitted in FWHCA or their buffers. i. Trails and other facilities shall,to the extent feasible, be placed on existing road grades, utility corridors, or other such previously disturbed areas; ii. Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags and important wildlife habitat; iii. Viewing platforms, interpretive centers, benches and access to them, shall be designed and located to minimize of impacts to wildlife, fish, or their habitat and/or critical characteristics of the affected conservation area. iv. Trails, in general, shall be set back from streams so that there will be minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible and trails within FWHCAs are not intended to be used by motorized vehicles. i. Road/Street Expansion& Construction: Any private or public road or street expansion or construction which is allowed in a Fish and Wildlife Habitat Conservation Area or its buffer shall comply with the following minimum development standards: i. No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; ii. Public and private roads should provide for other purposes, such as utility crossings, pedestrian or bicycle easements, viewing points, etc.;and, iii. The road or street construction is the minimum necessary, as required by the Department of Public Works and Fire Marshall, and shall comply with the Department of Public Works'guidelines and Fire Code to provide public safety and mitigated storm water impacts. Minimum necessary provisions may include projected level of service requirements. iv. Construction time limits shall be determined in consultation with the Washington Department of Fish and Wildlife in order to ensure species and habitat protection. j. Agricultural Restrictions: All new and existing agricultural activities within any FWHCA and or its buffer, unless exempted as provided in subsection 17.01.110.F.3. 2. A Habitat Management Plan (HMP)will not be required the following activities which comply with the development standards below, except as specified: a. Stream Crossings: All stream crossings should be discouraged and alternatives should be explored. Any private or public road expansion or construction which is proposed and must cross streams classified within this Ordinance, shall comply with the following minimum development standards: Mason County Resource Ordinance 61 Revised June 20,2003 i. Bridges or arch/bottomless culverts shall be required for all Type 1, 2 and 3 streams(which have anadromous fish habitat). Fish passage shall be provided, if necessary to address man-made obstructions on site.Other alternatives may be allowed upon a showing that,for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible. Submittal of a Habitat Management Plan which demonstrates that the alternatives would not result in significant impacts to the Fish and Wildlife Habitat Conservation Area (FWHCA)may be required if the information necessary to determine if the permit requirements contained in subsection I. 5. has been met. The plan must demonstrate that salmon habitat will be replaced at a minimum 1:1 ratio. ii. Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists. For new development proposals, if existing crossings are determined to adversely impact salmon spawning or passage areas, new or upgraded crossings shall be located as determined necessary through coordination with the Washington State Department of Fish and Wildlife and the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe; iii. Bridge piers or abutments shall not be placed either within the floodway or between the ordinary, high water marks unless no other reasonable alternative placement exists; iv. All stream crossings shall be required to pass 100 year projected flood flows, even in non-fish bearing Type 4 and 5 streams. In addition, crossings for Type 1, 2, or 3 should allow for downstream transport of large woody debris; V. Crossings shall serve multiple properties whenever possible. vi. Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity. b. Land Divisions:In order to implement the purpose of this section and the County Comprehensive Plan,to accommodate design innovation,creativity, and flexibility, and to achieve a level of environmental protection that would not be possible by typical lot-by-lot development,the use of the Performance Subdivision process (Title 16 Mason County Subdivision Ordinance) is strongly encouraged. Divisions of land (Subdivisions, Short Subdivisions, Large Lot Subdivisions) shall comply with the following development standards: i. In order to avoid the creation of non-conforming lots, each new lot shall contain at least one building site that meets the requirements of this Ordinance, including buffer requirements for habitat conservation areas. This site must also have access and a sewage disposal system location that are suitable for development and do not adversely impact the FWHCA. ii. After preliminary approval and prior to final land division approval, the common boundary between a required buffer and the adjacent property shall be identified using appropriate signs. In lieu of signs, alternative methods of buffer identification may be approved when such methods (fences or enhanced native planting)are determined by Mason County to provide adequate identification to the buffer and the FWHCA. iii. Buffer areas shall be dedicated as permanent open space tracts, functioning as FWHCA buffers. iv. If development is proposed within a FWHCA or its buffer, a HMP is required. C. Utilities: Placement of utilities within designated Fish and Wildlife Habitat onservation Areas may be allowed pursuant to the following standards: Mason County Resource Ordinance 62 Revised June 20,2003 i. Construction of utilities may be permitted in FWHCA's or their buffers, only when no practicable or reasonable alternative location is available and the utility corridor meets the requirements for installation, replacement of vegetation and maintenance outlined below.Utilities are encouraged to follow existing or permitted roads where possible. ii. Construction of wells,sewer lines,water lines, or on-site sewage systems are not permitted in FWHCA's but may be permitted in a buffer area when the applicant demonstrates it is necessary to meet State and/or local health code requirements;there are no other practicable alternatives available; and construction meets the requirement of this section. Joint use of the sewer or water utility corridor by other utilities may be allowed. Encroachment of more than 50 feet into the buffer will require a HMP. iii. New Utility Corridors shall not be allowed in FWHCA's with known locations of federal or state listed endangered, threatened or sensitive species, heron rookeries or nesting sites of raptors which are listed as state candidate or state monitor, except in those circumstances where an approved Habitat Management Plan is in place. iv. Utility corridor construction and maintenance shall protect the environment of Fish and Wildlife Habitat Conservation Areas and their buffers. (1) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height (four and one-half feet)measured on the uphill side. (2) New utility corridors shall be revegetated with appropriate native vegetation at not less than pre-construction vegetation densities or greater,immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three- year period; V. Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray painted, nor shall lead base paints be used. d. Forest Practices Class IV General:Timber harvesting with associated development activity involving land conversions from Forest Use,or otherwise meeting the DNR definition as a Class IV General application, shall comply with the provisions of this Ordinance including the maintenance of buffers,where required. If harvest or development is proposed within a FWHCA or its buffer, a HMP is required. e. Mobile Horne or RV Parks:new or expanded mobile home or RV parks shall comply with the following development standards: i. Lots or spaces and other improved areas shall be outside of FWHCA and its buffer. Roads, utilities,and trails may encroach on the buffer or FWHCA as provided elsewhere in this section. The project as a whole shall not adversely impact the FWHCA. ii. The common boundary between a required buffer and the adjacent property shall be identified using signs or alternative methods determined Mason County to provide adequate identification to the buffer and the FWHCA. iii. Buffer areas shall be designated as open space and preserved to the extent possible. iv. If development is proposed within a FWHCA or its buffer, a HMP is required. f. Marine Activities: All activities in tidal/saltwater submerged lands shall avoid impacts to eelgrass and kelp beds to the maximum extent. If eel grass or kelp is known or suspected in the vicinity, then an aquatic vegetation survey is required to identify the location of eelgrass or kelp. Unavoidable impacts to these sensitive marine areas shall be addressed in a Habitat Management Plan that presents an acceptable mitigation program. Mason County Resource Ordinance 63 Revised June 20,2003 g. Chemical Application or Storage: Chemical applications are not permitted within FWHCAs unless expressly approved as part of a farm plan, forest practices application or for the control of invasive or noxious plant species. In cases where approved chemical applications occur as part of a forest practices application or farm plan,proper reporting procedures shall be followed.Chemical application consistent with state and Federal regulation does not require a Mason Environmental Permit,but it does need to comply with the standards included herein.Chemical storage shall not be permitted within a FWHCA or its buffer. H. HABITATS AND SPECIES OF LOCAL IMPORTANCE--LISTING&DELISTING IMPORTANT HABITATS& SPECIES 1. Locally significant species are those which are not state listed as threatened, endangered or sensitive, but which live in Mason County, and the species is special importance to the citizens of Mason County for cultural or historical reasons, or the county is a critically significant portion of their range. Mason County is a critically significant portion of the range of a species when any of the following conditions apply: a. The species would be extirpated from the state of Washington if it is extirpated from Mason County; or b. The species"population would be divided into non-viable populations if it is extirpated from Mason County,where the isolated populations are critical to the survival of the species;or C. The species is listed as a state monitor or candidate species and Mason County is a significant portion of the range of the species and significant reduction or extirpation of the species from Mason County would result in changing the status of the species to that of state endangered,threatened, or sensitive. 2. Locally significant habitats are those habitats in which significant species live,or which is of special importance to the citizens of Mason County because they have been determined to contribute to the variety of habitats or diversity of species. 3. Regulations prepared to protect locally important habitat and species shall consider and, where possible,support the economic development of Mason County and the use of resource lands and resources industry,enhance the affordability of housing,and otherwise promote the achievement of other goals in the Mason County Comprehensive Plan. 4. The process for listing or delisting an important habitat or species in Mason County shall be an amendment to this section of the Interim Resource Ordinance. This action may be initiated by request of the State Department of Fish&Wildlife,the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe, County staff,or interested citizens. Any such request shall be in writing and shall include: a. The common and scientific names of for species under consideration; b. Habitat location on a map(scale 1:24,000); C. The reasons for the request, including: (1) declining or increasing population, (2) sensitivity to habitat manipulation. d. Habitat management recommendations, including potential uses and restrictions of the habitat areas,seasonally sensitive areas,and other guidelines necessary for the protection of the nominated species. e. Other supporting documentation, including an analysis which weighs the non- environmental impacts of the proposal,addressing economics and land use,against the benefits of the proposed listing. 5. The written request and supporting data may be evaluated by a qualified wildlife biologist or equivalent professional selected by the County. 6. In addition to the above,the County shall consider the following factors when evaluating the request: a. The specificity and scientific validity of the information about the nominated species needs and behaviors; Mason County Resource Ordinance 64 Revised June 20,2003 b. The sufficiency of habitat areas currently available to sustain the species over time; and C. The versatility of the proposed habitat area to sustain species other than the one being nominated for local species of importance designation. I. APPLICATION REVIEW PROCESS 1. Upon the receipt of an application for development,the Director shall determine whether the requirements of this section apply. The Director may consult with affected Tribes or state agencies in determining that the subject property is shown to be documented habitat for federal or state listed endangered,threatened or sensitive species. 2. Boundaries: The procedures for formal determination of regulated Fish and Wildlife Habitat Conservation Area boundaries are as follows: a. The FWHCA boundary for streams shall be the Ordinary High Water Mark(OHWM) or channel migration zone(CMZ). b. The FWHCA boundary for marine shorelines and lakes greater than 20 acres shall be the OHWM. C. The boundary of all other FWHCA's may be determined using published databases, resource agency personnel,consultation with the Skokomish Tribe,Quinault and/or the Squaxin Island Tribe, and/or by a qualified environmental professional based upon site specific assessment and species presence. 3. Permit information: When a Mason Environmental Permit is required under this section, it is the applicant's responsibility to provide all necessary and accurate data to the County for its review. This information will include a field delineation by a qualified professional(biologist, hydrologist,soil scientist, and/or other expert as circumstances warrant). Formal boundary determination is the responsibility of the County. a. When sufficient information exists from the County's natural resource inventory or other sources, Mason County may waive the requirement of a field delineation, provided a qualified professional has reviewed an r P q d approved such information as P PP reliable. b. When requested by the applicant, or an affected party,the County may perform the data collection, at a fee, in lieu of direct action by the applicant. C. Where Mason County performs a formal determination at the request of the applicant pursuant to subsection b above, it shall be considered a final determination unless contested by the applicant or other affected party. d. Where the applicant has provided the information in support of a permit for a formal determination by the County of the Fish and Wildlife Habitat Conservation Area boundary,Mason County shall verify the accuracy of,and may render adjustments to, the boundary determination in compliance with the provisions of this ordinance. 4. When a Mason Environmental Permit is required, the permit shall be obtained from the County using the administrative review process in this chapter prior to undertaking regulated activities in a FWHCA or its buffer. 5. In addition to any other requirements, permits shall only be granted if: a. The proposed activity avoids adverse impacts to regulated FWHCA, or takes affirmative and appropriate measures to compensate for impacts. Mitigation sequencing should follow the avoidance, reduction, and compensation analysis, in that order of preference, and b. The proposed activity is consistent with an approved Habitat Management Plan, if such a plan is prepared; or C. The proposed activity is approved as a variance or reasonable use exception under this chapter, if applicable. 6. FWHCA permits shall not be effective and no activity thereunder shall be allowed during the time provided to file and process a permit appeal. Mason County Resource Ordinance 65 Revised June 20, 2003 J. HABITAT MANAGEMENT PLAN (HMP)REQUIREMENTS The following describes the requirements of a Habitat Management Plan as discussed in this ordinance. A HMP shall consider measures to preserve and protect the wildlife habitat and shall consider effects of land use intensity,buffers,setbacks,impervious surfaces,erosion control and retention of natural vegetation on the functions and values of the FWHCA. This report shall identify how the impacts from the proposed use or activity will be avoided or mitigated through habitat mitigation which meets the purposes of this ordinance. The most recent publication of the Management Recommendations for Washington's Priority Habitats and Species, as now or hereafter amended, and consultation with a habitat biologist from the Washington State Department of Fish and Wildlife and with the Skokomish Tribe, the Quinault Tribe and/or the Squaxin Island Tribe and shall be the basis for the report. In the case of bald eagles,an approved Bald Eagle Management Plan by the Washington State Department of Fish and Wildlife meets the requirements for a HMP. Prior to submittal to the County, the Habitat Management Plan shall be reviewed and approved for adequacy by a qualified fish and wildlife professional. It shall contain but not be limited to the following information: 1. A map(s)prepared at an easily readable scale, showing: a. The location of the proposed site; b. The relationship of the site to surrounding topographic and built features; C. The nature and density of the proposed use or activity; d. Proposed building locations and sizes; e. A legend which includes: (1) A complete and accurate legal description and total acreage of the parcel; (2) Title, scale,date, and north arrow; (3) Certification by a qualified biologist. f. Existing structures and landscape features including the name and location of all water bodies. g. Location of listed species and their critical habitat areas. 2. A report which contains: a. A description of the nature, density and intensity of the proposed use or activity in sufficient detail to allow analysis of such land use change upon identified wildlife habitat; b. An analysis of the effect of the proposed use or activity upon fish and wildlife species and their habitats listed in this ordinance; C. A plan which explains how the applicant will avoid, minimize or mitigate adverse impacts to fish and/or wildlife habitats created by the proposed use or activity. This explanation must address the management goals, policies and recommendations presented in this ordinance. Monitoring of mitigation shall be required when appropriate or necessary to ensure effectiveness. Mitigation measures within the plan may include, but are not limited to: (1) Establishment of buffer areas; (2) Preservation of critically important plants and trees; (3) Limitation of access to habitat area; (4) Seasonal restriction of construction activities; (5) Clustering of development and preservation of open space; (6) Sign marking habitats or habitat buffer areas; (7) Title notice or plat dedication warning statements; (8) Conservation easements. 3. Review comments by a habitat biologist from the Washington State Department of Fish and Wildlife(WDFW)and the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe shall be included in the HMP when available. If the HMP recommends mitigation involving federally listed threatened or endangered species,migratory waterfowl or wetlands,the U.S. Fish and Wildlife Service shall receive a copy of the draft HMP and their review comments Mason County Resource Ordinance 66 Revised June 20, 2003 shall be included in the final report. This is provided that the Washington State Department of Fish and Wildlife,the Skokomish Tribe,the Quinault Tribe and/or the Squaxin Island Tribe and, if required,the U.S. Fish and Wildlife Service respond in writing to Mason County with review comments or a request for additional information within 28 days from the date of issuance of a draft habitat management plan. If review comments or a request for additional information is not received in the prescribed time frame, the tribal, state and/or federal review comments on the habitat management plan shall not be required for completion of the HMP. Mason County shall have the authority to approve Habitat Management Plans or require additional information. K. RELIEF FROM THE REQUIREMENTS IN THIS SECTION Specific relief from the requirements of this section may be obtained on a case-by-case basis by applying for a variance(Section 17.01.150)or a reasonable use exception(Section 17.01.120). Mason County Resource Ordinance 67 Revised June 20,2003 FIGURE 1 llaus� 1%5 fah 35 nowt oVWM i5 exit►►+� �' -� - - - - - -a�' eXis+�`''� �s Isa \13 w exisf 110' kouse b= buF�er line mo Iso'_ ow�S Ire 45' I t52 — — bS miuSfir W5 IDS �ou5e 5 (�ISi�t �ous� subjecF lof mac, lSa t Mason County Resource Ordinance 68 Revised 5101103 FIGURE 2 l5' �Xi4tin9 yo 2XKtin 5'. � tCAD 8 00 Iso' $=bu-��er line Mason County Resource Ordinance 69 Revised %1103 CHAPTER 15.13 ENFORCEMENT ec ions: ages: 15.13.005 SEVERABILITY 27 15.13.010 ENFORCING OFFICIAL; AUTHORITY 27 15.13.020 PENALTY 27 15.13.030 APPLICATION 28 15.13.035 WARNING NOTICE 29 15.13.040 NOTICE OF CIVIL VIOLATION 29 15.13.045 HEARING BEFORE THE HEARING EXAMINER 29 15.13.050 CIVIL FINES 31 15.13.055 COST RECOVERY 32 15.13.060 REVIEW OF APPROVED PERMITS 33 15.13.070 REVOCATION OR MODIFICATION OF PERMITS AND APPROVALS 33 15.13.005 SEVERABILITY This Ordinance shall be governed by the laws of the State of Washington. In the event that any portion or section of this Ordinance be declared invalid or unconstitutional by a court of competent jurisdiction,the remainder of the Ordinance shall not be affected and shall remain in full force and effect. 15.13.010 ENFORCING OFFICIAL; AUTHORITY The review authority shall be responsible for enforcing those codes and ordinances to which this title applies, and may adopt administrative rules to meet that responsibility. The review authority may delegate enforcement responsibility, as appropriate. An employee of one review authority department may commence an enforcement action of violations of codes and regulations of other departments. 15.13.020 PENALTY Non-conforming structures and other non-conforming land modifications shall be a continuing violation. Every day of violation shall be a separate violation. It shall be a violation to own, use, control, maintain, or possess a portion of any premises which has been constructed, equipped, maintained, controlled, or used in violation of any of the applicable provisions,MCC 15.03.005, in this Title. Structures or activities which were made or conducted without a permit, when a permit was required at the time of first action, do not vest and require current permits. Any.person, firm, or corporation who violates or who solicits, aids, or attempts a violation are accountable under this Chapter and are subject to the penalty provision as well as the Hearing Examiner process. B. Compliance with the requirements of those codes and regulations listed under MCC 15.03.005 shall be mandatory, and violations of those codes are within the purview of this Chapter. MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 27 C. Any private party who intentionally, recklessly,or negligently violates any of the applicable codes, regulations and ordinances is guilty of a misdemeanor. This includes,but is not limited to, a violation of notice and order, a violation of notice of civil violation, a violation of a warning notice, a violation of a stop work order, violation of a do not occupy order, and failure to comply with orders of the hearings examiner. Any person convicted of a misdemeanor under this suction shall be punish-ed by a fine of mt more than five humdfad dollars, or by imprisonment no to exceed ninety days, or by both,unless otherwise required by state laws. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any of the applicable provisions is committed, continued,permitted,or aided by any such person. D. 'Notwithstanding the provisions of any other code, the Review Authority is authorized to issue civil infractions for violations of any provision.of any code or regulation listed under Title 15.03.005. The enforcement officer may issue a civil infraction ticket of up to $250 for the first violation and up to $500 for the second and subsequent violations. Second and subsequent violations refer to any violation of any provision of Title 15.03.005 within two years of the first violation. A violator is 1)one who owns the property and knows the violation is occurring, and fails to take action to,abate it; 2)one who causes the violation to occur or solicits, commissions,requests, or aids the violation; 3)one who has a virtual exclusive right to possess the land, as in a tenant, equitable title owner, or trust beneficiary, and who aids, abets, commissions, solicits, requests, or knowingly allows a violation to occur on the land; or 4)to the maximum extent allowed under Washington law,any company whose employee or employees violates any provision of Title 15. Proof in District Court shall be by a preponderance of the evidence..To the extent that there is no conflict with this regulation,all such civil infractions under this regulation shall be governed by the standards and procedures set forth in Revised Code of Washington 7.80(Civil Infractions). Each day of the violation shall be considered a separate offense. 15.13.030 APPLICATION A. Actions under this chapter may be taken in any order deemed necessary or desirable by the review authority to achieve the purpose of this chapter or of the Development Code. B. Proof of a violation of a development permit shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the propertyupon which the violation exists. An enforcement action under this chapter against the owner and/or applicant shall not relieve or prevent enforcement under this chapter or other ordinance against any other responsible person,which, to the extent allowed by state law, includes an officer or agent of a business or nonprofit organization who,while violating the applicable provisions, is acting on behalf of, or in representation of, the organization. C. Where property has been subjected to an activity in violation of this Chapter, the County may bring an action against the owner of such land or the operator who performed the violation. In addition, in the event of intentional or knowing violation of this Chapter, the Court may, upon the County's request, deny authorization of any permit or development approval on said property for a period up to ten(10)years from the date of unauthorized clearing or grading. While a case is pending'in Court, the County shall not authorize or grant any permit or approval of development on said property. D. Nothing in this chapter shall be construed to prevent the application of other procedures, penalties or remedies as provided in the applicable code or ordinance. MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 28 15.13.035 WARNING NOTICE Prior to other enforcement action, and at the option of the review authority, a warning notice may be issued. This notification is to inform parties of practices which constitute or will constitute a violation of the development code or other development regulation as incorporated by reference and may specify corrective action. This warning notice may be sent by,certified/registered mail, shallposted on site or delivered by other means. The parties e n o the comV witrun.20 days of the postmark,posting on site,or delivery of the notice 15.13.040 NOTICE OF CIVIL VIOLATION A. Authority. A notice of civil violation may be issued and served upon a person if any activity by or at the direction of that person is,has-been, or may be taken in violation of the applicable codes under Section 15.03.005. A landowner,tenant or contractor may each be held PP y separately and joint and severally responsible for violations of the applicable codes and regulations. B. Notice. A notice of civil violation shall be deemed served and shall be effective when posted at the location of the violation and/or delivered to any person at the location and/or mailed first class to the owner or other person having responsibility for the location and not returned. C. Content. A notice of civil violation shall set forth: 1. The name and address of the person to whom it is directed. 2. The location and specific description of the violation. 3. A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed. 4. An order that the violation immediately cease, or that the potential violation be avoided. 5. An order that the person stop work until correction and/or remediation of the violation as specified in the order. 6. A specific description of the actions required to correct,remedy, or avoid the violation,including a time limit to complete such actions. 7. A notice that failure to comply with the regulatory order may result in further enforcement actions,including civil fines and criminal penalties. 8. A notice of the date,time and place of appearance before the Hearing Examiner as provided in section 15.13.045. D. Remedial Action.The review authority may require any action reasonably calculated to correct or abate the violation, including but not limited to replacement,repair, supplementation, revegetation, or restoration. 15.13.045 HEARING BEFORE THE HEARING EXAMINER A. A person to whom a notice of a civil violation is issued will be scheduled to appear before the Hearings Examiner after the notice of civil violation is issued. Extensions may be granted at the discretion of the appropriate Review Authority. B. Correction of Violation. The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority at least 48 hours prior to the scheduled hearing. C. Procedure. The Hearings Examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the Hearings Examiner. The applicable Review Authority MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 29 and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The county shall have the burden of proof to demonstrate by a preponderance of evidence that a violation has occurred or imminently may occur and that the required corrective action will correct the violation. A Hearing Examiner's order may prohibit future action, and violations of that order may lead to penalties under this ---ordm* auce. The determination of the applicable Review Authority shall be accorded substantial weight by the Hearings Examiner in determining the reasonableness of the required corrective action. D. Decisions of the Hearings Examiner. 1. The Hearing Examiner shall determine whether the county has established by a preponderance of the evidence that a violation has occurred and that the required correction will correct the violations and shall affirm, vacate, or modify the county's decisions regarding the alleged violation and/or the required corrective action,with or without written conditions. 2. The Hearing Examiner shall issue an order to the person responsible for the violation which contains the following information: a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; b. The required corrective action; C. The date and time by which the correction must be completed; d. The civil fines assessed based on the criteria in subsection(D)(3)of this section; e. The date and time by which the correction must be completed; 3. Civil fines assessed by the Hearing Examiner shall be in accordance with the civil fine in Section 15.13.050. a. The Hearing Examiner shall have the following options in assessing civil fines: i. Assess was issued and thereafter; or ii. Assess civil fines beginning on the correction date set by the applicable Review Authority or alternate correction date set by the Hearings Examiner and thereafter;or iii. Assess less than the established civil fine set forth in Section 15.13.050 based on the criteria of subsection(D)(3)(b) of this section; or iv. Assess no civil fines. b. In determining the civil fine assessment,the Hearing Examiner shall consider the following factors: i. Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation; ii. Whether the person failed to appear at the hearing; iii. Whether the violation was a repeat violation or if the person has previously violated the applicable codes, regulations, and ordinances; iv. Whether the person showed due diligence and/or substantial progress in correcting the violation; V. Whether a genuine code interpretation issue exists; and vi. Any other relevant factors. MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAQE 30 C. The Hearing Examiner may double the civil fine schedule if the violation was a repeat violation or the person has previous violations of the applicable codes,regulations,or ordinances. In determining the amount of the civil fine for repeat violations the Hearing Examiner shall consider the factors set forth in subsection(D)(3)(b)of this section. 4. Notice of Decision.Up-on receipt of the eanng Examiner's ecision.the Review Authority shall send by first class mail and by certified mail return receipt requested a copy of the decision to the person to whom the notice of a civil violation was issued. The decision of the Hearing Examiner shall be rendered within 10 working days of the hearing. E. Failure to Appear.If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing,the Hearing Examiner will enter a default order with findings pursuant to subsection(D)(2)of this section and assess the appropriate civil fine pursuant to subsection(D)(3) of this section. The county will enforce the Hearing Examiner's order and any civil fine from that person. F. Appeal to Superior Court. See Section 15.11.040 Judicial Appeal 15.13.050 CIVIL FINES A. Authority.A person who violates any provision of the Development Code, or who fails to obtain any necessary permit,who fails to comply with the conditions of a permit, or who fails to comply with a notice of civil violation shall be subject to a civil fine. B. Amount. The civil fine assessed shall not exceed one thousand dollars($1,000.00) for each violation, except where the hearings examiner is authorized under this ordinance to double the fine. Each separate day, event, action or occurrence shall constitute a separate violation. C. Notice. A civil fine shall be imposed by an order of the Hearings Examiner, and shall be effective when served or posted as set forth in 15.13.04O(B). D. Collection. 1. Civil fines shall be immediately due and payable upon issuance and receipt of order of the Hearings Examiner.The review authority may issue a stop work order until such fine is paid. 2. If remission or appeal of the fine is sought,the fine shall be due and payable upon issuance of a final decision. 3. If a fine remains unpaid 30 days after it becomes due and payable, the review authority may take actions necessary to recover the fine. Civil fines shall be paid into the County's general fund unless otherwise provided by ordinance. The review authority, in its discretion,may determine that assessments in amounts of $500.00 or more shall be payable in not to exceed three equal annual installments. The payments shall bear interest equal to that charged on delinquent taxes under RCW 84.56.020. Such an account in good standing shall not be considered as delinquent unpaid fines as provided in(D4) in this section. -4. Unpaid fines shall be assessed against the property and be recorded on the assessment role, and thereafter said assessment shall constitute a special assessment against and a lien upon the property, provided that fines in excess of the assessed value shall be a personal obligation of the property owner, and fines assessed against persons who are not the property owner shall be personal obligations of those persons. MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE - July 2003 version PAGE 31 E. Immediately upon its being placed on the assessment roll,the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed,respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county and property taxes with which it shall be upon a panty. The lien-shall CMILInue until me assessment and.all int Ieresrdue and able _ thereon are paid. F. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. G. If the county assessor and the county treasurer assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county treasurer. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. H. The amount of the assessment lien shall be billed annually by the Treasurer's Office on the date of the assessment lien until paid and shall be subject to the same penalties and procedure and sale in.case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment. Not withstanding the previous provisions,the foreclosure process and sale process may be commenced within a year of the creation of alien when the Review Authority or the Hearing Examiner make a written request to the Treasurer's Office to commence the process. 15.13.055 COST RECOVERY A. Authority. Not withstanding any other code provision,a person who violates any provision of any code or regulation under MCC 15.03.005, or who fails to obtain any necessary permit,.or who fails to comply with a notice of civil violation shall be subject to enforcement, Hearings Examiner, and abatement costs. Costs in year 2002 shall be $52.30 per hour for any employee of Mason County, except that department heads and managers, elected officials, and deputy prosecutor time shall be$75.00 per hour. For every year after 2002,the rate may be adjusted according to the Consumer Price Index. B. Amount. The Review Authority shall keep an itemized account of the time spent by employees of the county in the enforcement or abatement of any code or any regulation under Title 15.03.005. The Review Authority may request costs be ordered by the Hearings Examiner. The Hearing Examiner may order costs. C. Notice.Upon completion of the work for which cost recovery is proposed,the Review Authority shall provide notice by certified mail return receipt requested to the property owner or other person on whose behalf the costs were incurred. D. Collection. Costs may be collected as provided in MCC 15.13.050 (D) through(H) inclusive. E. Civil fines and funds collected shall be deposited as provided in the respective county regulation or, if no other provision is made, shall be deposited in the general fund of the county. However,departmental directors may, in their discretion, direct that costs be placed in a special abatement fund. If the director decides to close the fund, the remaining fund balance shall revert back to the general fund. 15.13.060 REVIEW OF APPROVED PERMITS MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 version PAGE 32 A. Review: Any approval or permit issued under the authority of the Development Code may be reviewed for compliance with the requirements of the Development Code,or to determine if the action is creating a nuisance or hazard,has been abandoned,or the approval or permit was obtained by fraud or deception. B. Review Authority Investigation:'Upon receipt of information indicating the need for, g a request fbi review of permit o, approval, die review authority shall investigate the matter and take one or more of the following actions: l. Notify the property owner or permit holder of the investigation; and/or 2. Issue a notice of civil violation and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or 3. Refer the matter to the County Prosecutor; and/or 4. Revoke or modify the permit or approval, if so authorized in the applicable code or ordinance; and/or 5. Refer the matter to the Hearing Examiner with a recommendation for action. 15.13.070 REVOCATION OR MODIFICATION OF PERMITS AND APPROVALS [[HANDLED BY APPROPRIATE DEPARTMENTS ]) A. Upon receiving a review authority's recommendation for revocation or modification of a permit or approval, the Hearing Examiner shall review the matter at a public. hearing,subject to the notice.of public hearing requirements(Sec. 15.07.030). Upon a finding that.the activity does not comply with the conditions of approval or the provisions of the Development Code, or creates a nuisance or hazard, the Hearing Examiner may delete, modify or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the Hearing Examiner find no reasonable conditions which would remedy the deficiencies,the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease. B. Building Permits. The Building Official,not the Hearing Examiner has the authority to revoke or modify building permits. C. Reapplication. If a permit or approval is revoked for fraud or deception,no similar application shall be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason,another application may be submitted subject to all of the requirements of the Development Code. MASON COUNTY CODE TITLE 15-DEVELOPMENT CODE — July 2003 verslon PAGE 33 CONSOLIDATED APPLICATION REVIEW CHART DECISION TYPE PERMIT ENTRY TYPE I TYPE.II TYPE III TYPE IV POINT ministerial administrative quasi-judicial legislative building permit w/o SEPA SEPA environmental review appeal of type I/II decisions Building Dept., building variance for building permit and land Fire Marshal,and land modification permit modification permit Environmental Health w/o SEPA MEP review for septic system Dept. fire protection certificate permit septic system permit w/o MEP water adequacy well construction declaration of parcel Commercial or industrial appeal of type MI decisions county comp�hensive plan Community Development combination/separation development preliminary plat final plat development regulations boundary line adjustment Mason Environmental Permit large lot subdivision Short plat rezone P Mason Conditional Large lot subdivision Environmental Permit Development Regulation Resource Ordinance Variance Administrative Variance Flood Ordinance Variance Reasonable Use Exception Development Regulation Variance Special Use Permit Shoreline development permit Mobile Home-RV park permit MASON COUNTY CODE TTTLE 15-DEVELOPMENT CODE - July 2003 version PAGE 34 ATTACHMENT B INQUIRY BY NAME Name Cd DEVO3050 DEVORE, RONALD R & MARY A ETAL MARK B & RIKI R CAMACHO 381 E DARTMOOR DR SHELTON, WA 985847579 1 RP 32127 53 00135 LAKE LIMERICK 4 10 , 000 T TRACT 135 9140 Inquiry Type VL Select Line # 00 -or- Search for Parcel END OF DATA CMD 7 for EOJ HELP key Allowed �, u Mode : INQUIRY Real Property Legal Document & Sales Auto Roll : OFF Parcel 32127 53 00135 Taxpayer DEVORE, RONALD R & MARY A ETAL Tax Cd 0191 1 402 S P3 F5 L H Owner DEVORE, RONALD R & MARY A ETAL Use Cd 9140 VAC RV CR ST Contract Land AV 10, 000 Tax Yr 2004 Loan Bldg AV Total AV 10, 000 Ln Date Inst Previous Owner Vol Page Exc # Sale Amt 1 9/10/1993 QCD ADRIAN E DUNCAN 602 600 93-25803 0 2 8/10/1994 WD A.E. 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Nq '• 11C 1 .- S 4< A. < , ATTACHMENT E MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma 360 -5 69 Mason County Bldg.1411 N.5th � ) 482 P.O.Box 279 Shelton,WA98584 �JqS� r-a-oy December 31, 2003 Ronald and Mary Devore 381 E. Dartmoor Dr. Shelton, WA 98584-7579 RE:Tax Parcel Number 32127-53-00135 Dear Ronald: Some time ago I spoke with you on the phone regarding a letter that I had mailed to you, dated July 22,2003. At the time,we discussed land development activity on tax parcel number 32127-53-00135 that occurred contrary to Mason County regulations. Specifically, land clearing occurred within the regulated buffer associated with Cranberry Creek. You advised that Harold Raines ((360) 790-7934)was the contractor who performed the clearing. You also advised that the work in question was performed under the supervision of a"government official"who advised the no permits were required. Finally, you advised that Tom Taylor with the Lake Limerick Community Club approved the activity. I have attempted to contact Harold Raines to discuss this issue,but have received no response to messages left at his contact number. I was able to discuss this matter with Department of Natural Resources Forester Jerry Johnson. Jerry advised that DNR staff did make a determination that no Forest Practice Permit application would be required for the work in question, due to the close proximity of residential structures. However, Jerry advised that he routinely informs applicants that although a Forest Practice Pen-nit application is not required, other regulations (such as local County regulations)still apply. In this case, the County requirements that apply to the parcel in question were detailed in notes associated with case number RLC98-0234. RLC98-0234 was a site inspection performed by County Plaiming staff at the request of the former parcel owners,Richard and Esther Disney. A copy of the case notes was provided to Mr. Disney and a copy was retained in the legal parcel file. I have enclosed a copy of the notes for your review. I As you will find from review of the case notes,the Cranberry Creek buffer requirement was documented formally in 1998. Additionally, a buffer requirement from the Type V Stream was formally documented. The land clearing that you and I discussed over the phone occurred in violation of Mason County Resource Ordinance section 17.01.110. I have enclosed a copy of section 17.01.110 for your review. To achieve compliance with current County regulations, you will need to contract with a qualified biologist or plant ecologist to prepare a Restoration Plan for the site. The Restoration Plan must meet the requirements of Mason County Resource Ordinance section 17.01.200(I)—copy enclosed. I have enclosed a resource list of Wetland Consultants. Although this matter does not involve a wetland, and the list is not all- inclusive, you may find the resource list helpful as many firms work with other critical area issues as well. In addition to the Restoration Plan, you will need to submit the following: • Restoration Bond(form enclosed) in an amount based on a reasonable, formal estimate for the cost of conformance with the Restoration Plan, and • $350 Restoration Fee—This fee covers the cost of the site inspection,Restoration Plan Review and file tracking for three years. Please submit the Restoration Plan, Restoration Bond and$350 Fee by.February 12, 2004. Contact me at your earliest convenience at (360)427-9670 ext. 593 if you have questions or concerns regarding this matter, or if you feel that you have received this letter in error. I look forward to working with you to resolve this matter. Sincerely, Kristin French Planner, Code Enforcement ENCLOSURES IN FIRST-CLASS MAILING ONLY MASON COUNTY DEPARTMENT OF P.O.Box 279 `.? <- u s G( Shelton,WA 98584 JAM-5-0� r��Trini 3150 0000 7908 50858-- 01—Y P&M., WA. 22 : 44 TLtvore- CA r. Ccc i v. ai F. n JAN 2 0 2004 MCCD -- PLANNING Sri E4*'r 14 !i}#„1„!„i, , li„!1„af,l,l,i►„II,I„i„f,,,,ill,!„! IPN�lt 1 '� DEVttoPM£ 'r NtETE g P. 0. Box, 186 ettonk WA 98584 7- f7 I 4, ; ` V CJ8 a AN DEV0381 98584291` i204 07 02/:i /04 RETURN TO SENDER DEVORE MOVED LEFT NO ABI)REwa } UN.AHLE TO FORWARD RETURN TO SENDER ATTACHMENT F 1-o ii q6 MASON COUNTY RESOURCE LANDS & CRITICAL AREAS CHECKLIST PLEASE PRINT $44.00 Fee Required Applicant: o�S t C�v ra` "i Parcel No. AQ I a� Applicant Address: Clay; St\Ala Zip i Legal Description: Phone:,, ,1 � Liu 11 i k-r Owns N\ me (if different,from applicant: Purpose of Pro-Inspection: -ba_A,0A' q� Use of Building: " Do any of the following exist on or within 200 feet of the property: salt ater lake dverlstream �(� pond wetland �_ seasonal runoff . slope Directions to Sit : o�J �� ALQ, ~'M ' ` ou &y4o `L Please illustrate in the box below the proposed building site in relation to property lines, significant natural features, slope grade and direction and topography (or include on separate sheet): North Arrow r looms .. r This checklist is designed to assist an applicant for a Building Permit, On-Site Sewage System Site Evaluation and Disposal Permit, Access Permit, Land Modification Permit, Boundary Line Adjustments, Land Segregations, Hazardous Waste Permit, or Shoreline Permit in determining whether their property is affect by regulations under.the Mason County Interim Ordinance (77-93). This checklist is an important opportunity for identifying early in the permit process whether there will be any environmental regulations affecting the proposed development. If the information is incomplete, then Mason County must disclaim any errors resulting from deficiencies in the original application. Pre-inspectio in valid only until development changes occur in the vicinity which affects the lot evaluated in this ins a tion. Applicant Signature: Date: Return application to: Department of Community Development,Planning Division 411 6th/P.O. Box 678 Shelton, WA 98684 V 11 r�7 1lrff D (3601 427-9670/1-800-662-5628 Please make checks or money orders payable to Mason County Treasur When completed, this form becomes pert of the permit application. HOV U 1118 PERMIT ASSISTANCE CENTER MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division 411 N. Fifth, P.O. Box 518, Shelton, NA 98584 (360) 427-9670 DATE: 11/13/98 TO: RICHARD DISNEY 1871 E JOHN'S PRAIRIE RD SHELTON WA 98584 RE: Residence Case No. : RLC98-0234 Parcel No. : 321275300135 Dear Applicant: As part of this department ' s review on your permit application, a Resource Lands and Critical Areas (RLC) site inspection was performed on your property. Below you will find comments made regarding the proposed development and its critical values. In some cases, setbacks for development from steep slopes, streams, wetlands, and waterbodies must be included in your specific proposal; these setbacks are included as part of the comments listed below. This information is based on County and State regulations as they exist to date. These regulations may change and may affect the requirements for development of the subject property. Please contact me at (360) 427-9670 or (360) 275-4467, ext. 0-1— if you have any questions. Sincerely, Land Use Planner Department of Community Development COMMENTS: Mason County Planning staff, Shandra Fitzpatrick, met with Rob' s Excavating on 11-12 -98 to determine site suitability for residential development. A Type V drainage exists on south side of the property requiring a 25 foot setback as regulated by Mason County' s Interim Resource Ordinance Aquatic Management Chapter 17 .01. 110. Cranberry Creek borders the east side of the property and being classified as a TYPE I water requires a 100 foot setback. It may be possible to apply for a variance if enough hardship can be shown to satisfy the variance procedure. Enclosed please find the variance procedure, a variance permit and the Aquatic Management chapter. Also, enclosed is a map showing the drainage easement. RLC, rev. 09/26/96 Case Activity Listing 5/13/201,, Ad& 11:56:31AM T I D E MAR K Case#: SPI2002-00021 COMPUTER SYSTEMS, INC. SPIA010 Application Received 3/4/2002 3/4/2002 None DONE PBC 3/19/2002 BLR SPIA100 Site Inspection 3/4/2002 3/15/2002 None DONE PBC 3/19/2002 BLR permit application. Planning staff met Michael Hardin at site 3/4/02. Staff is still a little confused about which lots will be combined,the following is our understanding,please clarify if your proposal differs: Lot 136-remain as one lot.Site has existing manufactured home. Existing workshop on same property,which was converted to accessory living quarters without permit,to be converted back to workshop by removal of bathroom facilities. Vacant Lots 137 and 138 proposed to be combined. Vacant Lot 139 and 140 proposed to be combined. Vacant Lot 141 to remain a single lot. Under present regulations as of 3/15/02,It appears you will need a mep variance to Type I stream setbacks,plus a Habitat Management Plan evaluating the site,describing the impact of proposed development, recommending ate mitigation. T e 1 m Wildlife i ation Areas chapter see enclosed highlighted area oh an must meet the criteria of the Fish and Habit Conservation g appropriate P aP � �� Given the lot depths based on site observation,it is likely a shoreline variance to Conservancy setback will be required on several lots. It is difficult to give specific information without a proposed site plan to work off. Steep slope and steep river bank will make it necessary to esquire geotechnical reports by a licensed engineer for all sites. The report must meet the provisions of the Landslide Hazard Area provisions for geotechnical reports for review to occur. Page 1 of 2 c—ActMty-rpt ATTACHMENT G MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma 360 Mason County Bldg.1411 N.5th � ) 482-5269 P.O.Box 279 Shelton,WA 98584 /5i c lks 5 July 22, 2003 Mark and Riki Camacho Ronald and Mary Devore, et al 381 E. Dartmoor Dr. Shelton, WA 98584-7579 RE: Tax Parcel Number 32127-53-00135 To Whom It May Concern: I recently conducted a site inspection of the above noted tax parcel number, in response to a complaint received by the Mason County Department of Community Development. I observed land-clearing activity that encroaches into the regulated buffer associated with Cranberry Creek. I am writing to request that you contact me at (360) 427-9670 ext. 593, by August 8, 2003, to discuss the land-clearing activity that I observed during the inspection. If you reach my voice-mail, please leave a detailed message and return contact information. I will return your call. Thank you for your anticipated cooperation. Sincerely, "�_— Kristin French Code Enforcement Planner fv b o] c N O I 1»s O — — — '05 lift r_,A_1�7 r"�4 ry - (��.1 �9-- C, LEI � .r 01 M � +• g 012 • ,, ,�• ;; r r � . ..a�.. 1' t � ?. �°' , � �� s � yam? w�. -x?. •`. �... yk. . `��. i� .{'� .�a. �,. .•'`fit i � `•� 4 u �. a s` i k ♦ Q � s � Z�Ze s:�+��, -a:�r 3,:" \e t � :h + ttT "'S 9�Z _j•� nib.. .'zzs. �F Y�-, !•��� - y �. � .�Q� �M� �t1' ^• � 1��''!c'�'-�t,• - ' At 6 �` 4 / � . ��� � y.ydy '�'w�\ tf.•, ,,J ; s F .i - W't�ii �/ L� ++• ��i•��'� e�;��y".�. cow 'v AY Aj F� �� s w g M•s9, s 4 0.J14�c�o ;�,,,,},� .r" o ,. • •� ji S,o � ,w�S,o� v 8 tt•tt�r'"'•4 S at: "• .'��.` too ,:t' 'T Ni`'°y Oi►i LO n.� �3• " 'Oat. 618 p1 e j d < �V �c < ^ aft; 11� ��� AAA�''�t %R I lip � •01 �iti wi. k. w 'hit �.�t; fj1'�'�Z �► �. } Zvi �P • ; I R TAX PARCEL NUMBER: OWNER: VIOLATION: STATUS: DATE: r y � SITE VISIT NOTES: JYL bb � � ATTACHMENT H la4L l . ........... ..... ..... . ~ Ste.•', OIL -may--rig _ 4-,14 .. . .. .... . ..... . . .... . .. .. ... �'►''1 . ... .......... . ATTACHMENT I MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 5 P.O.Box 279 Shelton,WA 98584 i+ ID�I • ��` L �IN to NOTICE OF HEARING YOU ARE REQUIRED TO BE PRESENT APRIL 21,2004 AT 1:00 PM MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS I� 411 N. 5" SHELTON,WA 98584 April 5, 2004 Ronald and Mary Devore, et al Mark and Riki Camacho 381 E. Dartmoor Dr. Shelton, WA 98584-7579 NOTICE OF CIVIL VIOLATION Tax Parcel Number 32127-53-00135 Mr. and Mrs. Devore: This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of the Mason County Development Code. Mason Count may recommend a fine of u to p Y Y p one thousand dollars ($1000.00)per violation based upon the violations listed below. You are in violation of Mason County Resource Ordinance Mason County Code Title 17 You are in violation of Mason County Development Code Mason County Code Title 15 Copies of the referenced regulations are enclosed in this mailing,and additional copies are available from the Mason County Planning Department. Citations are to text"as adopted." Mason County alleges as follows: COUNT (1) On or about July 2, 2003, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned,used, controlled,maintained, or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020, to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcel number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on July 2, 2003. COUNT(2) On or about April 5,2004, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned, used, controlled,maintained, or possessed by Ronald and Mary Devore,in violation of Mason County Development Code section 15.13.020, to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcel number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on April 5, 2004. (1) This Notice is directed to Ronald and Mary Devore at the mailing address noted above. (2) The violation is located on tax parcel number 32127-53-00135 in Mason County, Washington. The violation of County regulations cited as COUNTS 1 and 2 above is the result of destruction and alteration of a regulated buffer area through unpermitted clearing and vegetation removal. (3) This Notice is effective immediately upon posting at the site and/or receipt by the person(s)to whom it is directed. (4) Any non-compliance with Mason County Code Title 17 (Mason County Resource Ordinance)and any other applicable regulations must immediately cease. (5) This Notice serves as a"Stop Work"Order until the violation is corrected and/or remediated as specified under number(6). (6) You must immediately comply with the following requirements: • Submit a Restoration Plan,Restoration Bond, and$360 Plan Review and Monitoring Fee. If you wish to have the hearing canceled,you must submit the $360 Fee by April 16,2004 and demonstrate that you have contracted with a qualified professional to have the Restoration Plan prepared(submit contract document copy). The complete Plan and Bond then must be received by May 3,2004, or the hearing will be re-set to May 19, 2004. (7) Failure to comply with the requirements listed above may result in further enforcement actions,including civil fines and criminal penalties. The County is authorized to recommend a$1,000 fine for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. In this case,the County will recommend a$2,000 fine with compliance conditions if this matter proceeds to a hearing. In addition,you may be found responsible for costs incurred by the County if this matter proceeds to a hearing. (8) HEARING DATE: Per section 15.13.045 of the Mason County Development Code, you are scheduled to appear before the Hearing Examiner as noted below. The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority. Required corrective action is detailed in number six, above. YOU ARE REQUIRED TO BE PRESENT APRIL 21,2004 AT 1:00 PM MASON COUNTY BUILDING ONE,COMMISSIONERS' CHAMBERS 411 N. 5Tn SHELTON,WA 98584 Signed Dated (� S^, Z U U Title/Authority �R Y Developniet3t A { 0 6' 129 ". * >_ Aft ✓` � � tfCC_ $rJ PDMESER y ShEtto , A 71 i405b U.S. POSTAGE n ti r "rY�' - / `d },l •'f1" f ;`� 'I, d � ,'. 'i'rF,`:`'. L` !'Y� ....Y ' _ rt. F •.Z}' s' �_ _' sat 1�7-.r•-o-� � ., f W49, {��' &M� t` 51 IMM f J `>Yyk; 'J, •�" �.f.' ;¢+ .t. 'A t:'i` E"u F' :�� .`/' :i�=e°F. wL,- 4 ... x ..� >K.:rrt .. ... - y ..,-... ':' ....y y".' � _ :.: ..:.7,r H'�y Zr, r'9 '.. � ��!' rt�.•q¢.{ e±'" ,l.: t - E r 5 , ' f 3 G �r `F.. .. �. .y:.� 5'^v...' ..: L^:'.Y: ,:. .. yi.: r.F� ..✓", 'l .;' gM1V 1 h,. ""E .i ".'{� ',•1.,I ., r; a. r ,..: , .': .,,_ .°.- „ �:K:.'+ �: rt .J; d .,�I� � `Y'��,ti£';, i Y > _.. .» .. g� ., �;� ;:: .,.;:; ,• yyv rIi'. .ate"=• '!S� .. � ° �. .,�• '.:::j__��.,. ..,,.,.. -'�.. ..., 1,•..>. :a.r..'r� `�r4 � eni - a��. .e°...c ^ly, �,{ FW - rt k,. zw, v. r. .,,�".lr� Y,nt. �� - _ �-t✓ -t��f v (- ..: .. ^rY,., y�.'^�.v�f .:��:.r � �'. ':A:>.1.:- .. :d: :..'.p .. _ '. �, 1. '.., �. .4'F,� t K�.: .•� r � � y � • -,- .x •t.��.3'.. .....�F .'�� �:.. � �. f• ..... .'..,. er,..,. .r y�' .a� � .�' �;,y (V:, ,�`+, j�/ ,! y.': � v 4 ��4 u _ �� � P �'( � 3 � h � ter, ! • �W�l. � „y. 4t VYl ✓K d -1`-,, T w V(•/ r `i-1 i ` 4 ry '-t � s�an9*,r�,,,f,,yy�. � �; %�$w`' 1,� �„ >T t �1 5./�•-C.,� `t`�s.t ( LJL�1'"t O � �' ,:S�#` �-. ,+K� �i � R,�� ��.'• L 'fry aY �j( K:.� >a'.^' ffjF^ �'•'•T 3 _ L ws, _ •'F f c- F ../ .;J '.'�.. ��a�f��"� -.� �:.:h" �'y ':"J. NNE J'1 - �,�r,� o .•,.�'�re"1:^._r ..n,� ,r����.,:,�• k ...fl �.. :�_. v,r_..:.+.a,.7,. � .., .. �. �`... x , .-r: .�iw o- ....> � Y`"� .. _ I ATTACHMENT J MASON COUNTY Shelton (360)427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason county Bldg.1 411 N.5th Elma (360)482-5269 P.O.Box 279 Shelton,WA 98584 �455 NOTICE OF HEARING YOU ARE REQUIRED TO BE PRESENT APRIL 21, 2004 AT 1:00 PM MASON COUNTY BUILDING ONE,COMMISSIONERS' CHAMBERS 411 N. 5TH SHELTON,WA 98584 April 5, 2004 Ronald and Mary Devore, et al Mark and Riki Camacho 381 E.Dartmoor Dr. Shelton,WA 98584-7579 NOTICE OF CIVIL VIOLATION Tax Parcel Number 32127-53-00135 Mr. and Mrs. Devore: This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of the Mason County Development Code. Mason County may recommend a fine of up to one thousand dollars($1000.00)per violation based upon the violations listed below. You are in violation of Mason County Resource Ordinance Mason County Code Title 17 You are in violation of Mason County Development Code Mason County Code Title 15 Copies of the referenced regulations are enclosed in this mailing,and additional copies are available from the Mason County Planning Department. Citations are to text"as adopted." Mason County alleges as follows: COUNT(1) On or about July 2,2003, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned,used, controlled,maintained,or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020, to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcel number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on July 2, 2003. COUNT(2) On or about April 5, 2004, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned,used, controlled, maintained,or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020, to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcel number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on April 5, 2004. (1) This Notice is directed to Ronald and Mary Devore at the mailing address noted above. (2) The violation is located on tax parcel number 32127-53-00135 in Mason County, Washington. The violation of County regulations cited as COUNTS 1 and 2 above is the result of destruction'and alteration of a regulated buffer area through unpermitted clearing and vegetation removal. (3) This Notice is effective immediately upon posting at the site and/or receipt by the person(s) to whom it is directed. (4) Any non-compliance with Mason County Code Title 17 (Mason County Resource Ordinance) and any other applicable regulations must immediately cease. (5) This Notice serves as a"Stop Work"Order until the violation is corrected and/or remediated as specified under number(6). (6)You must immediately comply with the following requirements: • Submit a Restoration Plan,Restoration Bond, and$360 Plan Review and Monitoring Fee. If you wish to have the hearing canceled,you must submit the$360 Fee by April 16, 2004 and demonstrate that you have contracted with a qualified professional to have the Restoration Plan prepared(submit contract document copy). The complete Plan and Bond then must be received by May 3,2004, or the hearing will be re-set to May 19, 2004. (7) Failure to comply with the requirements listed above may result in further enforcement actions, including civil fines and criminal penalties. The County is authorized to recommend a$1,000 fine for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. In this case, the County will recommend a$2,000 fine with compliance conditions if this matter proceeds to a hearing. In addition,you may be found responsible for costs incurred by the County if this matter proceeds to a hearing. (8) HEARING DATE: Per section 15.13.045 of the Mason County Development Code, you are scheduled to appear before the Hearing Examiner as noted below. The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority. Required corrective action is detailed in number six,above. YOU ARE REQUIRED TO BE PRESENT APRIL 21,2004 AT 1:00 PM MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS 411 N. 5TH SHELTON,WA 98584 Signed Dated Title/Authority MASON COUNTY DEPARTMENT OF C P.O.Box279 Shefton,WA98584 A PR 14.04 a 1 4 Z t 7003 0500 0000 9484 3379 a3%`,gaL-- J« �P ❑LY 'P&DF, Wig . 20 RECEIVED �Op�Yn�ownF APP .Z ' MCCD - PLANNING 4-nv-v� ATT r i\ f e- _ _ � V - . ='s�a'�i+'��s ="4' r 1 T.f h ,rf xyi,<., 4 X `+' "K' ��•� r.., i.� t 1 �C '� �� e;_V h I,+t' �-,'3=� F" A,tf!' -a .APR-8'04 Ers��' I x. r Y c I _ '..':�� f��,p .,�..�>" x�,w;.. .. 'ti..:, r-' „+ ^.'>'{":r"Yyx _ •° K �'i Y., •<'`f'::W;: ;�.;P., > /�tih D; PLANNING - �, - 5 � r. `�. ,�.. r - MCG - sat n .A -:. '. li�..:,p• "p-g.-�... Y ,,.. _.b r �`.-,:._.': _ :f �"� •'�y'T� s. irr��d •.<� .Tjn' +':t1.?'�, z , � r i 'V <<� �,-.,• �F'. ���� x^ T �!'�. t` ''� iS '��yF_Sly`'•, ' �i p�� 's`� P" - , n .#. 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'_ ':.. ,q ...ems. ,S:t �'�'... .� "..�t � .;r�w. � -✓ N^ _ < LL55 '.;z ..'. .. ,,..:.. Y'�,r;,�.,. ".-: r ?:x, ':�.: ..;: L 1�J} r' �"1• - _ !:F_� f.'� a,.'Y� .,C!-:pr'. .._..' :, ,�. rink. ,""�-', � .. i; ,... ..-s.. ,- def' r ,.. .' :...: ;., w-.. ..:..trr.. /�" ,a 1..,. V, y � .✓.�:. _ `r'� ) .t,. �,i):<r.. Y �F"�T:•4-. � a.. b•s �� " �C ! 1 _ _ 1- � �S�'�J�'�X:�,:"�vf. l� _ #r k:,! �' ,`.'�.. �.•1. , - ... �Z �,aG � f :(�- ✓.Jr'.tt '� 'tea 1'V^L*- /f[ kJ�,� ,r> - .4'>., ,}:.. .� � '•'�.: •'''Y 4 ..� `;� :� `'i�i�'� t.ri..: j' `..yi5;�,�'vc�., Jr :`:�fi "ram � ia>;:' �!yc �� �•r�^� ��g ri��,n. '.L y �'. :E-• �' +,�r?e.f-+ #r� �.• h-.� '^,eta >F �i�` `S� ')91 ,,fie� '1< f'�'-L,:��v� :>a,,. �..er.�' -.! �' '''t�. -.rr"�P?.�`'`"� - Y�'�•s:t- _ � � j,. > ,��� �' Sl.,� C O.�J U� �� J i� z}'l: �:::�" ,, ,T-.x�z. z ,.�"�. ''',- `�' •>r ;,�« #� } � ,r ,.r „ •`" k:i9- _k' +7' r<v t �" ,'? r ,yS.,.s �z:,' "-? � `r".o!*' -.�-,tk..; S .i ''�parrj�ya,. 'M, �;� '?� ,�jl. '1• tS': '>" - ��� �'s, ..dd,,,, R�' _ r -:.,�. '�I,' a• ."Sr'!t �y� F' /{, uti: _ a> -n i,,.�� -a�" � y r _.�^�: j.:� f : _ 96. .: .,}. :�..r ,.� :. � f �. ..w��" .c.Kl�•' - �: t:R-� �.. f1 ;'r, ,., s, _.�,-y�;'r�>.:/. ���? Y' � .h�: } .:�` �lv.'p _ ` 'F(...r r�Y� 'jy' +K 'f•i ya^i�gJ e � .t' j�[Y T.�S��a A-; .a�'1.t .k- '�-.' :"lxw�S s K,.11i., .t. 1/0�'" :SilelilG�.' .?6S.: t7e1��, .�1f�.. (�k����F?•�..��.'.H-�::�.W: 'ir�s.::.'9� T.w'`�A�'�a.`.��'/}� j�f•����1 - ...�.21f ..�::.w_Ck'sta',.i,":t::,K`6 ATTACHMENT K MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 te, t Ca,-'- . 4-c 4- NOTICE OF HEARING ez-dd—ca� YOU ARE REQUIRED TO BE PRESENT MAY 19,2004 AT 1:00 PM S-/-7/n`J MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS K �_ 411 N. 5Tx SHELTON,WA 98584 May 7, 2004 Ronald and Mary Devore, et al Mark and Riki Camacho 381 E. Dartmoor Dr. Shelton, WA 98584-7579 Ronald and Mary Devore, et al 1319 E. 66th St. Tacoma, WA 98404 NOTICE OF CIVIL VIOLATION Tax Parcel Number 32127-53-60135 Mr. and Mrs. Devore: This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of the Mason County Development Code. Mason County may recommend a fine of up to one thousand dollars($1000.00)per violation based upon the violations listed below. You are in violation of Mason County Resource Ordinance Mason County Code Title 17 You are in violation of Mason County Development Code Mason County Code Title 15 Copies of the referenced regulations are enclosed in this mailing,and additional copies are available from the Mason County Planning Department. Citations are to text"as adopted." Mason County alleges as follows: COUNT(1) On or about July 2, 2003, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned,used, controlled, maintained, or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020,to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcel number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on July 2,2003. COUNT(2) On or about April 5,2004, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned,used, controlled, maintained, or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020,to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval,on parcel number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on April 5, 2004. (1) This Notice is directed to Ronald and Mary Devore at the mailing address noted above. (2) The violation is located on tax parcel number 32127-53-00135 in Mason County, Washington. The violation of County regulations cited as COUNTS 1 and 2 above is the result of destruction and alteration of a regulated buffer area through unpermitted clearing and vegetation removal. (3) This Notice is effective immediately upon posting at the site and/or receipt by the person(s)to whom it is directed. (4) Any non-compliance with Mason County Code Title 17 (Mason County Resource Ordinance) and any other applicable regulations must immediately cease. (5) This Notice serves as a"Stop Work" Order until the violation is corrected and/or remediated as specified under number(6). (6)You must immediately comply with the following requirements: • Submit a Restoration Plan, Restoration Bond, and $360 Plan Review and Monitoring Fee. If you wish to have the hearing canceled,you must submit the$360 Fee by April 16, 2004 and demonstrate that you have contracted with a qualified professional to have the Restoration Plan prepared (submit contract document copy). The complete Plan and Bond then must be received by May 3,2004, or the hearing will be re-set to May 19,2004. (7) Failure to comply with the requirements listed above may result in further enforcement actions, including civil fines and criminal penalties. The County is authorized to recommend a$1,000 fine for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. In this case,the County will recommend a $2,000 fine with compliance conditions if this matter proceeds to a hearing. In addition,you maybe found responsible for costs incurred by the County if this matter proceeds to a hearing. (8) HEARING DATE: Per section 15.13.045 of the Mason County Development Code, you are scheduled to appear before the Hearing Examiner as noted below. The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority. Required corrective action is detailed in number six, above. YOU ARE REQUIRED TO BE PRESENT APRIL 21,2004 AT 1:00 PM MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS 411 N. 5TH SHELTON,WA 98584 Signed Dated rn� -] o-D U Title/Authority P, K*-A,- � •-r KRISTIN FRENCH-M.C.PLANNING r` PO BOX 279 Ln WA 98584 � SHELTON M w I WT 43 JCLYFM v �•P P i (L b° o .�. °' Postage $ 0.37 UNIT ID: 038E o C3 Certified Fee 2,30 _ p C3 Retum Reciept Fee Postmark 10 (Endorsement Requlred) 1.75 Here O Restricted Delivery Fee Clerk: KX4M � �� w o O (Endorsement Required) �Y - Ln _�— qQW Total Postage&Fees $ 4.42 05/07/04 ' ^J A 4 3 q +tZ Q0:Z m -2-I 2-7- S-3-00 _ � � LU o W C3 Sent TO C3 n w� O _ ;}F 2 - �-------?`------`-' `° " T J orPOSo.No. l 7 r 9 ( b S d-. -0 F ��� b r 00 ---- - r City SYete,ZIF44 � bjwz LU Ai o N tP tT .j J M �a.Cuv�c� ��� �f rn �V1 a 4J� (00 PS Form :00 June 2002 W tTt^ qQH - r IliWZW r i` >:)Fr g - Wz c13 KRISTIN FRENCH-M.C.PLANNING (� .M PO BOX 279 > O Lin`n SHELTON WA 98584 mIAL USE Q p °" Postage $ 0.37 UNIT ID: 0388 C3 o certified Fee 2,30 �5 ��•J` C3 ReturnReciept Fee Postmark ; (Endorsement Required) 1.75 Here -- co O Restricted Delivery Fee kco Cl KX4PHR _O (Endorsement Required) o Total Postage&Fees $ 4.42 05/04/04 to m m 0 C3 C3 Sent To cc z 110 N orPOAPE..' 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Ch.� ;� ��r d�4.. ,,�.,�► 1U •Nature of Concern: 4wr.a o S (�/1 tN Q 0 w Part B:Concern Intake and Referral 6" Received By: Referred To: Response Date: oo� L� Name Date Name Date Date Part C:Findings Referral Forwarded to: ❑N/A Name Date Findings: Part D:Resolution Name Date Intake Copy-White File Copy-Yellow Referral Copy-Pink