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HomeMy WebLinkAboutMOR2024-00005 2 Acre Moratorium Waiver - FPA Permit / Conditions - 12/30/2024 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 Administrative Final Decision for 2-Acre Moratorium Waiver Approval MOR2024-00005 Notice is hereby given that John Suprunowski,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 (#2421755) issued by the WA DNR, on Mason County tax parcel 22024-75-00070.The waived area is 2 acres. The property may be developed with a single-family residence in the future. A SEPA Determination of Non-Significance (DNS) was issued on 12/11/2024.The formal 14-day comment period though SEPA ended on 12/27/2024 and included one comment from the WA Department of Natural Resources' Forest Practices Division. Mason County retained the SEPA Determination of Non-Significance (DNS).The SEPA record number for the project is 202405348. Mason County's file number for the projects is SEP2024-00028. 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 (01/13/2025) 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. 12/30/2024 Luke Viscusi From: Luke Viscusi Sent: Monday, December 30, 2024 11:39 AM To: 'John Suprunowski'; 'DNR RE SPS Forest Practices'; DNR RE SEPACENTER; NICHOLS, AILEEN (DNR); BRADY, MATTHEW (DNR); SHARP,JASON (DNR); Dobbs, Kyle (DNR); Patti McLean Subject: MOR2024-00005 Notice of Final Decision Attachments: MOR2024-00005 Notice of Decision_12.30.2024.pdf Hello All, Mason County's Department of Community Development has issued MOR2024-00005.This is 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 (#2421755) issued by the WA DNR, on Mason County tax parcel 22024-75-00070.The waived area is 2 acres. I have attached the Notice of Administrative Final Decision for the project,which includes information on the SEPA threshold determination, information on requesting assessed valuation changes by affected property owners, and the procedures of administrative appeal, if any. Per MCC 15.07.040(a),you are receiving this notice because we are required to send the Notice of Administrative Final Decision to the applicant, all parties of record(meaning party that submitted comments as part of SEPA review), all parties who requested to be notified, and the County Assessor's office. Sincerely, Luke Viscusi (he/him) I Planner Mason County Department of Community Development Office#360-427-9670 ext. 282 Cell#360-490-3103 LViscusi@MasonCountyWA.gov 1 MOR2024-00005, SEP2024-00028 Suprunowski December 30, 2024 FINDING OF FACT MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Building Vlll—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 MOR2024-00005, including SEP2024-00028. APPLICANT:John Suprunowski APPLICATION DATE: August 13, 2024 PARCEL#'S: 22024-75-00070 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(2 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#2421755, effective on 08/0612020. The resulting six-year development moratorium (MCC 11.04.010) will expire on 0 810 612 02 6. 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. 1 MOR2024-00005, SEP2024-00028 Suprunowski 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 September 6, 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 2 acres. (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. During the SEPA Comment period(see below), the WA Department of Natural Resources'Forest Practices Division stated that the required obligations for FPA/N#2421755 have not been met. Following approval of this waiver, the applicant will still have replanting obligations for the area outside of the 2-acre waiver. (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. (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 Residential 5, 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. 2 MOR2024-00005,SEP2024-00028 Suprunowski (5) Mitigation shall be required for impacts to critical areas, stormwater, and shorelines. Other mitigation shall be required to prevent significant adverse environmental impacts, pursuant to M.C.C. Chapter 8.04 to 8.40. 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 September 6, 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 are outside of wetland, stream, and landslide hazard area buffers. Geotechnical Report/Geological Assessment Review N A the proposal does not require additional geological documentation. Shoreline Master Program N A the proposal is not within shoreline jurisdiction. Flood Ordinance N A 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 MOR2024-00005 has been reviewed for SEPA compliance under case #:SEP2024-00025. The SEPA record number is 202405348. (a) Is SEPA exempt. No. 3 MOR2024-00005, SEP2024-00028 Suprunowski (b) DNS Yes, issued by Luke Viscusi of the Mason County Planning Department on December 11, 2024. The SEPA Determination of Non-Significance was posted on- site on December 10, 2024, and emailed to the appropriate agencies on December 11, 2024. One comment was submitted during the 14-day comment period, which closed on December 27,2024. The comment was submitted by the WA Department of Natural Resources'Forest Practices Division, stating that the required obligations for FPA/N#2421755 have not been met. The comment also stated that on 0210912024 Notice to Comply(NTC)#6315949 was issued to John Suprunowski for the violation of the following Forest Practices Act and/or Rules. Couty staff was already aware of the NTC and the applicant's replanting obligations. (c) MDNS No. Stormwater Management An engineered stormwater plan for Mason County Public Works is N/A.Any requirements of the 2019 Stormwater Management Manual for Western Washington were waived due to no land disturbing activities(stumping)proposed. CONCLUSION In conclusion, this application for a 2-Acre Forest Practices Moratorium Waiver, associated with FPA/N #2421755, 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 08/06/2026 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. 4 MOR2024-00005, SEP2024-00028 Suprunowski 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, ( Luke Viscusi, Forest Practices Reviewer Date 5 TPN 22024-75-00070 - Mason County Permit # MOR2024-00005 Mason County WA GIS Web Map IL �M 0 O 23 '. • • ••• -• • • �u 9/6/2024, 9:41:02 AM 1:1,536 0 0.01 0.03 0.05 mi County Boundaryf- 0 0.02 0.04 0.08 km No Filled ° Site Address(Zoom in to 1:3,000) Tax Parcels(Zoom in to 1:30,000) Esri. HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community, Source:Esri,Maxar,Earthstar Geographics,and the GIS User Road Name Labels(Zoom to 1:100,000) Community 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 Community Development MASON COUNTY (Permit Assistance Center/Building/Planning) 615 W.Alder Street—Shelton,WA 98584 COMMUNITY DEVELOPMENT 36rnasoncoun Ext.352 masoncountywa.Rov Permit Assistance Center,Building,Planning Notice of Development Application Notice is hereby given that John Suprunowski,who is the applicant for the following proposal, has filed an application for a Forest Practices Moratorium Waiver(MOR2024-00005)through Mason County. Location:Tract 7 of Survey Vol 2, Pg 123,the NE%,of Sec 24,Twp 20N, Rng 2W,W.M., off E Elin Ln, Lat/Long:47.2113/-122.8738. Tax Parcel Numbers: 22024-75-00070 Date of Application:August 13, 2024 Date of Complete Application: September 3,2024(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 (#2421755) issued by the WA DNR.The moratorium became effective on the harvested portions of the lot on August 6, 2020.The moratorium would otherwise expire on August 6, 2026.The waived area is 2 acres.The property may be developed 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 was submitted with the application for the project. All documents for 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: 9/6/2024 AFFIDAVIT OF POSTING NOTICE STATE OF WASHINGTON ) ) ss: COUNTY OF MASON J RE: (Parcel#or Address of Site):Tax Parcel#22024-75-00070 I, Luke Viscusi , Planner for Mason County, do hereby certify that I have posted 1 copies of the attached: Notice of Development Application On this 6th day of September, 2024, in 1 conspicuous place as follows: o One at Tax Parcel#22024-75-00070 In witness whereof, the party has signed this Affidavit of Posting Notice this 6th day of September, 2024. Q� Signed by Luke Viscusi Mason County Community Development Department 615 W.Alder St, Shelton,WA 98584 Subscribed and sworn before me this day of cc)p� �M 20� , I certify that aned this document. NOTARY��%. ? 60TARY PUBLIC in and for the State of Washin ton, ;U 23038426 Printed Name o N tart': Nam:• PUBLIC :0 residing at: _ !Lln P 16V pF...... My Commission Expires: (Notary Se.N) KA9,1011t- 00005 7� BgOt1 co '.,. MASON COUNTY DEPARTMENT T OF COMMUNITY SERVICES S `c Mason County Bldg. 8,615 W. Alder Street, Shelton,98584 (360)427-9670 Belfair (360)275-4467 Elma (360) 482-5269 Rsr Www.co.mason.wams FOREST MORATORIUM WAIVER/RELEASE APPLICATION This application is to be used to waiver a portion of a parcel for development permits or to release the entire tract from the six year moratorium for development permits.This process was created under the guidance of RCW 76.09.060. This application needs to be filled out completely,so that we have all the information to process this in an expedient manner. Which are you requesting from the Moratorium? LJ Waiver ❑Release Applicant's Name: 1o�Ih Sy iprtAnow!ik`, Operator's Name: Applicant's Address: l'e a oX 4 Operator's Address: ceah &rk, jA)A,9`d&y1) Applicant's E-mail: S UY'u (a a V G►y.,0 lvv Applicant's Phone number: 36 O �6 5 6 3.2 D Effected Parcel NumberAR O 60 0 l7 Parcel size(in acres): Identify what type of timber was removed,i<SDDWestern 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): [SeYes ❑No r Forest Practice Application Number: tF 7 S S Forest Practice Application date of approval: 2 What is your intention to do with the effected parcel: hAca D►n1-o r- %h Ve.St)TV -to v Se,IJ ;7'170W Have you attached a site plan to show the area of the requested waiver or release: 121Yes ❑No Are there any critical areas on your site?ie:wetlands,streams,creeks,steep slopes, etc.: ❑Yes P40 If yes,identify the type of critical area(s): Please list conditions of approvals by DNR for your forest practice application: A4planl' 60y 'P tgees bu 91)A Were any of the buffer areas effected by the timber harvest?: ❑Yes [?10 Identify if you harvested any timber in the critical areas on your site: ❑Yes [�to 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. 1 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 c�9 day of'S V_ IT_,20-2� at (Month) (2r,eAw fay k Ida- (City) (State) (Signature) STATE OF WASHINGTON) 1 q(j f-;r._ ) SS COUNTY OF-M� ) On this_ 6! day of ust , 20 before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JAn r: 5Li nr un ow- ki to me known to be the individual described in and who executed the within and foregoing instrument,and acknowledged that signed the same as i S free and voluntary act and deed, for the uses and purposes therein mentioned. / TVEN under my hand and official seal this day of L(S7 , 20 2 105199�"% f OTARY PUBLIC in and for t State of N�i,� ��s►�a s_ ; Washington residing at 11w6t 791S VL ,4$ ;W;SN\?�: `�`�lPclU