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Home My WebLink AboutMOR2024-00002 2 Acre Logging - FPA Permit / Conditions - 11/19/2024 Community Development (Permit Assistance Center/Building/Planning) MASON COUNTY 615 W.Alder Street—Shelton,WA 98584 COMMUNITY DEVELOPMENT 36masoncoun Ext.352 masoncountvwa.eov Permit Assistance Center,Building,Planning Notice of Administrative Final Decision for 2-Acre Moratorium Waiver Approval MOR2024-00002 Notice is hereby given that Alex Colin,who is the applicant for the above referenced permit, has been granted approval for a 2-Acre Forest Practices Moratorium Waiver to waive a 6-year development moratorium,which was incurred as a normal condition of a Class III Forest Practices Application (#2423132) issued by the WA DNR, on Mason County tax parcel 32134-41-00020.The waived area is approximately 0.96 acres. The applicant intends to develop the lot with a single-family residences in the future. A SEPA Determination of Non-Significance (DNS) was issued on 10/08/2024.The formal 14-day comment period though SEPA ended on 10/22/2024 and included one comment from the Squaxin Island Tribe. Mason County retained the SEPA Determination of Non-Significance (DNS).The SEPA record number for the project is 202404429. Mason County's file number for the projects is SEP2024-00021. This 2-Acre Forest Practices Moratorium Waiver Approval decision is final and subject to appeal to the Mason County Hearings Examiner(per Mason County Code Title 15, Chapter 15.11—Appeals)within 14 days from date of decision (the date at the bottom of this notice).Appeal deadlines are short, and procedures strictly construed. Anyone wishing to file an appeal of this decision should consult with an attorney to ensure that all procedural requirements are satisfied. Time Limit for Action. Per Mason County Code 15.09—Review and Approval Process—this administrative final decision will become effective at the expiration of the 14-day appeal period (09/13/2024) if no appeal is submitted. If a written notice of appeal is received during the 14-day appeal period,this project will be referred to the Hearings Examiner for an open record public hearing and the decision will not become effective until the Hearings Examiner renders a decision on the appeal. No permitted activities (ie. construction,harvesting, etc.) may begin until the aforementioned deadlines have passed. Notice is given pursuant to RCW 36.706.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Please contact Luke Viscusi of the Mason County Department of Community Development at(360)427- 9670, ext. 282 or LViscusi@masoncountywa.gov, with any questions or to request any documents related to the project. 11/19/2024 MOR2024-00002, GE02024-00067,SEP2024-00021 Colin November 19, 2024 FINDING OF FACT MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Building V111—615 W Alder Street;Shelton, WA 98584—360-427-9670 FROM: Luke Viscusi, Planner; LViscusi@MasonCountyWA.gov; 360-427-9670 ext. 282 RE: Finding of Fact for MOR2024-00002, including GE02024-00067 and SEP2024-00021. APPLICANT: Alex Colin APPLICATION DATE:June 24, 2024 PARCEL#'S: 32134-41-00020 Mason County has reviewed the above referenced application for a 2-Acre Forest Practices Moratorium Waiver and finds it in conformance with all applicable County land use regulations in effect at the time of application. FINDINGS The proponent has filed a complete,signed application. Yes. The proponent has submitted a site plan appropriately depicting the area to be waived from the development moratorium. Yes, the waived area(approximately 0.96 acres) is outlined in yellow on the applicant's site plan. That the development moratorium is the result of: The WA Department of Natural Resources issued a Class 111 Forest Practices Activity, known as FPA/N#2423132, effective on 10/1112022. The resulting six-year development moratorium (MCC 11.04.010)will expire on 1011112028. 1 MOR2024-00002, GEO2024-00067,SEP2024-00021 Colin That this Moratorium Waiver is in conformance with Mason County Code 11.04.090: (a) The director of the department of community development [or their designee, per MCC 15.01.020] shall have the authority to approve, approve with conditions, or deny a request for a waiver of the moratorium, pursuant to the procedures and requirements of this chapter. Yes this signed Finding of Fact constitutes approval, or approval with conditions, for the moratorium waiver. That this Moratorium Waiver is in conformance with Mason County Code 11.04.100: (a) The request will be made to the department of community development on the application form provided by that department and accompanied by a completed county environmental checklist and any established fees. Yes. (b) The application shall be reviewed as a Type II, administrative decision with notice,as provided for in the Mason County Title 15 Development Code. Yes, the Type 11 review(with public notice)procedures of MCC 15.09.040 were followed. The Notice of Development Application was posted on-site on Au ust 7, 2024, in accordance with MCC 15.07.010. The Notice of Administrative Final Decision will be sent, in accordance with MCC 15.07.040,following the signing of this Finding of Fact. (c) Standards for waiving the moratorium: (1) The development area shall be no larger than two acres in size. Yes, the development area waived is approximately 0.96 acres and includes the balance of the property that was harvested. (2) The harvest and reforestation of the property shall be completed as specified in the approved forest practices application/notice.That portion of property subject to the waiver application shall be excepted from reforestation. Yes. (3) There shall be no damage to a critical area or its associated vegetation area nor to the shoreline area or that any damage to those areas is repairable with restoration. Yes, no damage to critical areas or their buffers has occurred. 2 MOR2024-00002, GE02024-00067,SEP2024-00021 Colin (4) The proposed development shall be consistent with the county comprehensive plan and development regulations. Yes, the proposed development is limited to residential use per the criteria of the waiver process. The land use zoning for the property is Rural Residential5, which is consistent with residential development. The activity proposed for the site affected by this waiver from a six-year moratorium is compatible with the Mason County Comprehensive Plan and Development Regulations. (S) Mitigation shall be required for impacts to critical areas, stormwater,and shorelines. Other mitigation shall be required to prevent significant adverse environmental impacts, pursuant to M.C.C. Chapter 8.04 to 8.40. No mitigation is required because no damage to critical areas or their buffers has occurred. Mason County Resource Ordinance The issuance of this permit will not result in a violation of the Mason County Resource Lands and Critical Areas Ordinance. The site was inspected on August 7, 2024, by Luke Viscusi, of the Mason County Planning Department, who determined that any critical area buffer issues have been sufficiently documented. All project activities will occur within 300 feet of slopes with greater than 40%slopes, therefore a Geotechnical Report was submitted for the project(see below). Cranberry Creek's Channel Migration Zone is located in the northwest corner of the property, but the 0.96-acre waiver area is over 50 feet from that boundary. No future development will occur within the boundaries of Cranberry Creek's Channel Migration Zone. Geotechnical Report/Geological Assessment Review A Geotechnical Report and submittal checklist, dated August 19, 2023, prepared by Envirotech Engineering, PLLC, was approved by Luke Viscusi, of the Mason County Planning Department, as being complete on September 11, 2024, under case# GE02024-00067. A 15 foot vegetation removal buffer and a 50 foot construction setback from the top of the critical slope were recommended by the engineer. All future development must comply with the recommendations of the Geotechnical Report. 3 MOR2024-00002, GE02024-00067, SEP2024-00021 Colin Shoreline Master Program Possibly applicable, though it is tough to tell whether the proposal is within shoreline jurisdiction. The DNB's mapping of Cranberry Creek is likely inaccurate, and more accurate depictions of the stream channel can be seen on LIDAR and mapped by the Wild Fish Conservancy.A portion of the northwest corner of the site may be within 200 feet of Cranberry Creek's ordinary high water mark, but no portion of the 0.96-acre waiver area is within 200 feet of the Cranberry Creek ordinary high water mark. If within shoreline jurisdiction, the northwest corner of the property has a designation of Conservancy, which requires a 150 foot buffer, plus a 15 foot structural setback for a total of 165 feet. Significant vegetation removal within required buffer areas, new structural shoreline stabilization,flood hazard protection, or shoreline modifications will not be necessary for the development of new primary residence on the lot. Flood Ordinance NIA, approval of this Moratorium Waiver will not violate the provisions of the Flood Damage Prevention Chapter of Mason County Code Title 14. State Environmental Policy Act This application for MOR2024-00002 has been reviewed for SEPA compliance under case #:SEP2024-00021. The SEPA record number is 202404429. (a) Is SEPA exempt. No. (b) DNS Yes, issued by Luke Viscusi of the Mason County Planning Department on October 8,2024. The SEPA Determination of Non-Significance was posted on-site and emailed to the appropriate agencies on October 8,2024. One comment was submitted during the 14-day comment period, which closed on October 22, 2024. The comment was submitted by the Squaxin Island Tribe. (c) MDNS No. 4 MOR2024-00002, GE02024-00067,SEP2024-00021 Colin Stormwater Management An engineered stormwater plan for Mason County Public Works is NIA. However, the applicant submitted more than the required documentation, which included a Construction Stormwater Pollution Prevention Plan a Drainage Report, Drainage and Erosion Sediment Control Plans, and a Maintenance and Operation Manual, all prepared by Envirotech Engineering PLLC, dated October 17, 2023. The submitted documentation included narratives for Minimum Requirements#1 through#5 that meet the standards of the 2019 Stormwater Management Manual for Western Washington. As a condition of approval for this Moratorium Waiver, the stormwater plan documents (listed above) shall be reviewed and approved by Mason County Public Works prior to approval of the eventual building permit for the single-family residence. CONCLUSION In conclusion,this application for a 2-Acre Forest Practices Moratorium Waiver, associated with FPA/N#2423132, is consistent with the above criteria and Mason County has fulfilled its statutory obligations. Per MCC 11.04.110,the following permits may be issued and conditioned as necessary to be consistent with Mason County Code prior to 10/11/2028 under this waiver: (1) Building permits for the single-family residence and for residential outbuildings; (2) Single-family on-site septic system permit; (3) Road access permits; (4) Earth modification permits; (5) Shoreline master program approvals; (6) Well or potable water permits; (7) Other approvals necessary the development of a single-family residence and outbuildings. RECOMMENDATIONS I, being the review authority (designee of the Director of the Mason County Department of Community Development), hereby attest to and certify that appropriate provisions have been made for this Forest Practices Moratorium Waiver and hereby grant approval. Signed, aa .C/�/ I f/1 9/�O.L� Luke Viscusi, Forest Practices Reviewer Date 5 Channel Migration Zone FEMA Flood 420 E Greenview Ln - TPN 32134-41-00020 (CMZ) of Cranberry Creek Zone A Mason County WA GIS Web Map Mason County Permit # MOR2024-00002 4T1 E CaREENVIEW LN e� F CRFENVIEW LN -- 10 r. t i. Oil"11 420 E GREE EW LN _ . �:. 321 r E GREENVIEbS! LN a ` T5 321344 � 470 E'GREENVIE'w.' L N ' E ire , u k f, Y � � r 10/1/2024, 3:3415 PM 1:1,228 0 55 110 220 ft L_J County Boundary _! Tax Parcels(Zoom in to 1:30,000) Roads — County Green Diamond T,��,� I ,II — Federal 0 15 30 60 m No Filled Road Name Labels(Zoom to 1:100,000) City Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user State community,Source: Esri, Maxar, Earthstar Geographics,and the GIS User ® Site Address(Zoom in to 1:3,000) Railroads(Zoom to 1:200,000) — Private Mason County WA GIS Web Map Application Mason County disclaims accuracy,reliability,or timeliness of website info,not liable for losses from reliance on it,https://www.masoncountywa.gov/disclaimer.php Mason County WA GIS Web Map n, l � 420E GREENVIEW LN ' r� 311344190091 470 E GREENVIEW L r n ! .rya. - s I 817/2024, 1:10:21 PM 1:767 0 0.01 0.01 0.02 ml 13 County Boundary I Tax Parcels(Zoom in to L30,000) Roads — County — Green Diamond 0 No Filled Road Name Labels(Zoom to 1.100,000) — Federal City 0 0.01 0.02 0.04 km Esn. HERE, Garmn. jo OpenSlreetMap conlributors. and Die GIS user • — State cornmunlly,Source:Esn,Maxar,Earlhatar CeoprapNcs,and the CIS User Site Address(Zoom into 1:3,000) + Railroads(Zoom to 1:200.000) Private Mason Gour4y tVACIS WobAlepAppllcatlon Mason Courtlydiadairns accuracy,rcliabiliry.or 6meeness orwebsile into,not liable for losses from reliance on iL htips:e.l. .rnas w--ountywn.gw ksdaimer.php Community Development MASON COUNTY (Permit Assistance Center/Building/Planning) 615 W.Alder Street—Shelton,WA 98584 COMMUNITY DEVELOPMENT 36masoncoun Ext.352 masoncountywa.gov Permit Assistance Center,Building,Planning Notice of Development Application Notice is hereby given that Alex Colin, who is the applicant for the following proposal, has filed an application for a Forest Practices Moratorium Waiver(MOR2024-00002)through Mason County. Location:420 E Greenview Ln,Shelton,WA 98584;SE%of Sec 34,Twp 21N, Rng 3W,W.M. Tax Parcel Numbers: 32134-41-00020 Date of Application:June 24, 2024 Date of Complete Application:July 23,2024(Statutory) The project will include waiving a 6-year development moratorium,which was incurred as a normal condition of a Class III Forest Practices Application (#2423132) issued by the WA DNR.The moratorium became effective on the harvested portions of the lot on October 11, 2022.The moratorium would otherwise expire on October 11, 2028.The waived area is approximately 1.33 acres.The applicant intends to develop the lot with a single-family residence in the future.The project requires no additional permits from other government agencies that Mason County is aware of. A State Environmental Protection Act(SEPA) Checklist, Geotechnical Report, and Drainage Report were submitted with the application for the project. All documents relevant to this project can be requested by contacting the County staff member below. This Forest Practices Moratorium Waiver will require a SEPA threshold determination and a formal 14- day comment period through SEPA at a date yet to be determined. Public comments during the SEPA comment period are welcome.Any comments or questions should be directed to the County staff member listed below: Mail Email and Phone Luke Viscusi, Planner LViscusi@masoncountywa.gov Mason County Community Development 360-427-9670 ext. 282 615 W. Alder St., Shelton,WA 98584 No public meetings are required for this project. This Forest Practices Moratorium Waiver is subject to administrative approval or denial from the Mason County Department of Community Development under Title 8,Title 11, and Title 15. A decision on this application will be made within 120 days of the Date of Complete Application and copies of the decision may be obtained by contacting the staff member above. Any person aggrieved by the decision of the administrator to approve or deny this proposal may appeal the decision to the Mason County Hearing Examiner within 14 days following issuance of the decision. This Notice of Development Application is required by Mason County Code 15.07.010. Posted: 8/7/2024 MASON COUNTY DEPARTMENT OF C M 0?1 2.C� �1 -(0 1 �sgoN CO - - Mason County Bldg. 8,615 W. Alder Sh• MKS (360) 427-9670 Belfair(360) 275-4467 E 1854 Www.co.mason.wa.ns �� lA� �°Y��- FOREST MORATORIUM WAIVER/RELEASE APPLICATION Tlus application is to be used to waiver a portion of a parcel for development permits or to release the entire tract from the six year moratorium for development permits. This process was created under the guidance of RCW 76.09.060. This application needs to be filled out completely,so that we have all the information to process this in an expedient manner. Which are you requesting from the Moratorium? D4Waiver ❑Release Applicant's Name:_ 7\�,,_X (-(,i'�(-:;Operator's Name: Applicant's Address: 7,1.gT 1)&)d4Operator's Address: Applicant's E-mail: �� -�c1t� �-�� uw�� ►� Applicant's Phone number: Lc; CC - I �;`l Effected Parcel Number L�S — 4 �— DOC)2 Parcel size(in acres): 2.5 Identify what type of timber was removed,ie:Douglas Fir, Western Red Cedar,Alder, Maple,etc: —_ Was the timber harvest done under an approved forest practice application: ®Yes ❑No Was there an enforcement action taken by the Department of Natural Resources(DNR): ❑Yes ®No Forest Practice Application Number: 2423132 Forest Practice Application date of approval: 10/1 1/2022 What is your intention to do with the effected parcel: ` . Have you attached a site plan to show the area of the requested waiver or release: [�Yes ❑No Are there any critical areas on your site?ie:wetlands, streams, creeks,steep slopes,etc.: ®Yes P No If yes, identify the type of critical area(s): Steep slopes (>40%), Cranberry Creek Channel Migration Zone Please list conditions of approvals by DNR for your forest practice application: Trees that are within 195 feet of a permanent structure that is frequented by people are not considered forestland and harvest of those areas are not permitted_under this FPA. Contact Mason County to see if they require any permits for tree harvest in the non-forestland areas. Contact DNR at southpuget.forestpractices(adnr.wa.gov, once reforestation obligations have been met. Provide application number, species planted and number of trees per acre planted. Were any of the buffer areas effected by the timber harvest?: ❑Yes ®No Identify if you harvested any timber in the critical areas on your site: ❑Yes ®No Did you replant per DNR standards: ❑Yes ®No Application Signature 1) I certify that I am the forest land owner, as that term is defined in RCW 76.09.020 and WAC 222-16-010, and that I am familiar with the requirements of the Forest Practices Act, RCW 76.09 and the forest practice rules,WAC Title 222. I am specifically familiar with RCW 76.09.460(c) and its effects. 2) I certify and declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signed this �T y of 20 at (Month) \')ik (City) (State) (Signature) STATE OF WASHINGTON ) 1,the undersigned Notary Public, in and for the juris- :SS COUNTY OF ) diction aforesaid, do hereby certify that SEAL: 5ER SP whose name(s) is(are) signed to the Forest o NOTARY Moratorium Waiver, appeared before me and 23038426 = N : PUBLIC personally acknowledged the same. '�r17r2o?�� WASN�a `��`. GIVEN unde my hand and seal is � LJ�Vtday of 20 (signature) APPROVED DATE Director of Community Services