HomeMy WebLinkAboutVAR2003-00047 Moratorium Hearing - VAR Letters / Memos - 12/9/2003 1800847
Page: 2 of 2
12/23/2003 09:40A
DIR COMM DEVELOPMENT NOTCE 20.00 Mason Co, WA
NOTICE OF FINAL DECISION
Name of Applicant: SIMPSON RESOURCE COMPANY
Mason County Hearings Examiner hereby informs all interested parties that the release
from the six year development moratorium for forest practices as established by RCW
7.6.09.060 on tax parcel 32134-30-00000 has been granted for the 77.18 acre parcel,
described in Forest Moratorium Release Application#VAR 2003-00047.
This Release is not subject to a SEPA DNS signed on 10/23//03 (no conditions).
The Mason County Hearings Examiner on 12/9/03 approved and signed Findings of Fact
that this removal is in compliance with Mason County Ordinance 108-98.
Upon receipt of this notice, the property owner may request the county assessor to
reassess the valuation of his or her property as provided in RCW 84.41.030.
This release becomes effective 14 days from the date of this notice unless subject to
appeal.
Any party seeking an appeal has 14 days from the date of this notice to submit a written
appeal. Any appeal should be directed to the Clerk of the Board of Mason County as
provided in 15.11.020 Mason County Development Code.
Staff Date
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467
Planning Elma (360) 482-5269
Mason County Bldg. 1 411 N.5th
P.O.Box 279 Shelton,WA 98584
FINAL DECISION
Mason County Department of Community Development hereby grants a release from the
six year development moratorium for forest practices as established by RCW 7.6.09.060
on tax parcels 32134-30-00000.
This release is not subject to any conditions of a SEPA MDNS.
The Mason County Hearings Examiner on 12/9/03 signed Findings of Fact that this
release is in compliance with Mason County Ordinance 108-98.
This release will becomes effective 14 days from the date of this decision unless subject
to appeal.
Any party seeking an appeal has 14 days from the date of this notice to submit a written
appeal. Any appeal should be directed to the Clerk of the Board of Mason County as
provided in 15.11.020 Mason County Development Code.
DAP11-v t
Staff Date
mms1l:IMy DOeumentsWINAL ADMINISTRATIVE DECISION FPA Relense.doe
1800847
12/23/2003 09 40R
DIR COMM DEVELOPMENT NOTCE 20.00 Masson Co, WA
Mason County
Dept. of Community Development
PO Box 279
Shelton WA 98584
Please print neatly or type information
Do
c�ument Title (s)
�Nl ujl�--e af
Reference Number (s) of related documents
Additional Reference#'s on page
Grantor (s) (Last, First and Middle Initial)
Q Vh' Sch I W1 h>f Cc,M OtA l/
Additional Grantors on page
Grantee (s) (Last, First and Middle Initial)
Additional Grantees on page
Legal Description (Abbr. Form:quarter/quarter, section, township & range, plat, lot& block)
S i�21 21 6V , �n�, 3 �v. , I,v ►yl
Additional Legal Descriptions on page
Parcel Number (s)
3 y L) u ou cr
Additional Parcel Numbers on page
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
simpsom
Simpson Resource Company
Northwest Timberlands Division
215 NORTH THIRD ST.
P.O.BOX 9001
SHELTON,WASHINGTON 08584-9001
(360)426-3381 FAX(360)427-4709
December 16, 2003
Mr. Michael MacSemms
Mason County Planning Dept.
Shelton, Wa. 98584
Dear Mr. MacSemms,
Here is the $20 check made out to the Mason County Auditor for recording
the moratorium waiver document. I still have not received anything about
this in the mail. If possible could you fax the document that you plan to
record to me at 427-4709? I would appreciate it very much.
Thank you for your assistance on this matter and have happy holidays.
Sincerel
y,
y,
Paul Wing
Manager, Land and Forest Management
Parties of Record
Simpson Resource Company
P.O. Box 9001
Shelton, WA 98584
Mason County Assessor's Office
411 N 5th Street
Shelton, WA 98584
LRE 0 s 2003 PLANNING
BEFORE THE HEARING EXAMINER FOR
2
Richard Sepler, Hearing Examiner
3
RE: Simpson Resource Company FINDINGS OF FACT, CONCLUSIONS
4 OF LAW AND DECISION.
5 Removal of Six Year
Development Moratorium
6
7 INTRODUCTION
8 The application is a request to remove two six-year development moratorium
imposed by RCW 76.09.060. The Hearing Examiner approves the request to remove
9 the moratorium.
10
11 ORAL TESTIMONY
12 Staff Testimony: Michael MacSems introduced his staff report into the record.
13 EXHIBITS
14 Exhibit 1: Application for release of Moratorium.
15 Exhibit 2: Notice of Moratorium dated 11/7/99
16 Exhibit 3: Notice of Moratorium dated 1/l/00
17 Exhibit 4: Vicinity Map
18 Exhibit 5: Notice of Application.
19 Exhibit 6: Staff Report.
20
21 FINDINGS OF FACT
22
23 Procedural:
24 1. Hearinc. The Mason County Hearing Examiner held a public hearing on
November 25, 2003. This hearing was held at the Mason County Commissioners
25 Chambers at 1:00 PM.
Simpson Resource Moratorium Removal P. 1 Findings, Conclusions and Decision
1 Substantive:
2. Site/Proposal Description. The subject property is located in central Mason
County. Property use in the vicinity appears to be primarily residential and forestry.
The subject property is located within an R-5 zoning district. The subject property
4 requesting moratorium release is part of a larger parcel but is separated by Mason
Lake Road. The entire parcel (both sides of the road) falls under two six-year
5 development moratoriums resulting from two Class II logging permits (2406560 and
6 2406698). The logging under these two permits was done entirely on the opposite
(west) side of Mason Lake Road, however due to the manner in which the
7 moratorium notices were written, the entire parcel became subject to these
moratoriums. The applicant plans to divide the property (using Mason Lake Road as
8 the point of division) for sale should the moratoriums be removed.
9
10
CONCLUSIONS OF LAW
11
Procedural:
12
1 1 . Authority of Hearing Examiner. MCC 15.03.050(J) provides that the hearing
examiner shall have review authority over Type III Permit Applications. MCC
14 11.04.140(b) provides that requests for the removal of development moratoria shall
be reviewed as a Type III quasi-judicial decision (to the extent that they are not
15 submitted as an administrative request for removal under MCC 11.04.130).
16
Substantive:
17
2. MCC 11.04.140(c) governs the standards for removing development moratoria
18 imposed by RCW 76.09.060. Those standards are quoted in italics below with
19 Conclusions of Law to follow:
20 MCC 11.04.140(c)(1):
21 The person requesting the removal did not attempt to avoid the county review or
22 restrictions of a conversion forest practices application.
23 3. There is no evidence that the applicant has attempted to avoid county review or
restrictions of a conversion forest practices application. Given the absence of any
24 evidence to the contrary, the Examiner finds compliance with the criteria above.
25 MCC 11.04.140(c)(2):
The harvest and reforestation of the property shall ke completed as specified in the
approved forest practices application/notice.
Simpson Resource Moratorium Removal p. 2 Findings, Conclusions and Decision
4. County staff stated in the staff report testified that the timber harvest was
1 conducted according to state (presumably Department of Natural Resource) rules.
2 Given the absence of any evidence to the contrary, the Examiner finds compliance
with the criteria above.
3
MCC 11.04.140(c)(3):
4 There shall be no damage to a critical area or its associated vegetation area nor to
5 the shoreline area or that any damage to those areas is repairable with restoration.
6 5. Staff indicated in the staff report that no damage has occurred to any critical area.
Given the absence of any evidence to the contrary, the Examiner finds compliance
7 with the criteria above.
8 MCC 11.04.140(c)(4):
The proposed development shall be consistent with county plan or development
9 regulations.
10 6. Future plans for this property are unknown, but shall conform to the
11 Comprehensive Plan and Development Regulations of Mason County.
12 MCC 11.04.140(c)(5):
Mitigation shall be required for impacts to critical areas, storm water, and
13 shorelines. Other mitigation shall be required to prevent significant adverse
14 environmental impacts, pursuant to County Ordinance No. 55-97, the Environmental
Policy Ordinance.
15
7. Staff indicated that there are no anticipated impacts to critical areas, storm water
16 or shorelines associated with the proposal. Mitigation will not be required.
17 DECISION
18
Based on the testimony at the public hearing, documents and exhibits submitted into
19 the record, the Hearing Examiner approves the removal of the six-year development
moratoriums as identified in the staff report, Exhibit 6.
20
21 Dated this"rday of December, 2003.
22
23 RicharA Sepler 117
24 Mason County Hearing Examiner
25
Simpson Resource Moratorium Removal p. 3 Findings, Conclusions and Decision
nn
�--1003- v O
OCT 2 2 2003 EXHIBIT
Mason County
42b WI CEDAR STa
Forest Moratorium Waiver/Release Application
This application is 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 necessary to process the application in an expedient manner.
Are you requesting a Waiver or a Release from the Moratorium? I
.❑ Waiver X Release
Applicant's Name: S v� S l�Q S b��U2.• Ca r•
Applicant's Address: 1`�0, 13o k 9 oc> l
Operator's Name: �.►/!�
Operator's Address: N/A
Parcel number of affected Parcel: 3-.c 34 - 3 rS o
Parcel size in acres: 20
Identify what type of timber was removed, ie: Douglas Fir, Western Red Cedar, Alder, Maple,
etc: No nrt.
Was the timber harvest done under an approved forest practice application: ❑ Yes ❑No NlA
Was there an enforcement action taken by the Department of Natural Resources (DNR):
❑ Yes ❑ No NI-A
Forest Practice Application Number: 2� 6.5 C O 1 Z 40 6 G g
Forest Practice Application Date of Approval: [(Z7 Z2` ► I G/s&p
What do you plan to use the affected parcel for:
Are there any critical areas on your site? ie: wetlands, streams, creeks, steep slopes, etc..:
o Yes )kNo ' Identify the type critical area/s: 1
Please list conditions of approvals by DNR for your forest practice application:
(Additional information can be placed below or on additional page)
�ot<Sf Yc v 2S C;1% Rio'Ai
G...S
w /
Were any of the buffer areas effected by the timber harvest? ❑ Yes ❑No '`'llA
Identify if you harvested any timber in the critical areas on your site: ❑ Yes ❑ No tiJIA
Have you replanted per DNR standards: ❑ Yes ❑ No fjA
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 am familiar with the requirements of the Forest Practices Act, RCW
76.09 and the forest practices rules, WAC Title 222. I am specifically familiar with RCW
76.09.060(3) 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.
fL'. 2CC)3
Signed this day of C3��v�ie s , P�, at
(month)
(City) (State)
STATE OF WASHINGTON)
) SS
COUNTY OF MASON )
On this day of ,__, before me, the undersigned, a
Notary Pub k-j,n and for the State of Washington, duly commissioned and sworn, personally
appeared LQ,Y, to me known to be the individual described in
and who executed the within and egoing instrument, and acknowledged that
kA p signed the same as I&, !�-' free
and voluntary act and deed, for the uses and purposes therein mentioned.
11iuiiii nd o day of n GIVEI�, eAm� official seal this
9da:��
r = NOTAR LIC ki and for the State
�— of Washington residing at
df fOY
OCT-08-2003 12:03 MASON COUNTY TITLE 360 42S 0716 P.02i05
mmlilmill 17 593
Pup: 1 of 2
511701INS 92;19P
D[PT OP NRTURRI. N[i0U110EI WMTR 9.48 Namm Ca, NA
when Recorded Rem to: 1Z-A �/y
��� ,Q�; i ,f,., E H IT
NOTICE OF MORATO121tJM ON NON-FORESTRY USE OI" LAND
- 'h1eje (�a)•ki P6,v
GRANTOR:
(Name of Forest Land Owner)
GRANTEE:
�Cc ace n.� C`e.a0-�-4Mason County Planning Dept,
(Name of County or City in Which Land Sme8 WW the
Forest Practices Application/Notification is
Located) RECEIVED
LEGAL DESCRIPTION OF THE FOREST PRACTICES OPERATION: (Include lot,
block, plat, section, quarter/quarter section, township wild range)
NOW L'b,
ASSESSOR' S PROPERTY TAX PARCEL OR ACCOUNT NUMER(S) :
_3?J 3#_-55)-0&0o01
FOREST PRACTICES APPLICATIOqN/NOTIFICATION NO. A 4 0 6Z 6,°0 '
APPROVAL DATE
(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 T am
familiar with the requirements of the Porest Practices Act, RCW
'76.09 and the forest practices rules, WAC Title 222 . 1 am
specifically familiar with RCW 76.09.060 (3) and its effects.
(2) By Chia statement I declare that the land oubject to this
forest practices application/notification will not be converted
to an active use incompatible with timber growing within six ars
after the approval date of the forest practices permitted in the
forest practices application/notification,.
Fo= DNR W-41 (10197)
OCT-08-2003 12:03 MASON COUNTY TITLE 360 426 0716 P.03/25
MI 1
ft": 2 of 2
b1EPT Of NATURAL 1113p/lopo �l:69A
REIOURC�B NTMiR Y.� M*s�n C" MA
(3) I understand that applications/notifications are subject
to the reforestation requirement as described in RCMP 76,09 and WAC
Title 222, the forest practice® rules. I alto understand that the
reforestation requirements shall not apply only if the land is,
in fact, converted unless applicable alternatives or limitations
are provided in forest practices rules issued under RCW 76.09.070.
I further understand that it is the obligation of the forest land
owner or the owner of perpetual rights to cut timber owned
separately from the land to ensure that such reforestation takes
place. 7 understand that the obligation to reforest shall become
the obligation of the new owner if the land or perpetual timber
rights are sold or otherwise transferred.
subject )torthis forest understand
dpractices application/notification that if I have declard that t l
will not
be converted to an active use incompatible with timber growing,
that the land shall be subject to a six-year moratorium which will
preclude current and/or successor forest land owners from
obtaining development permits while the moratorium is in place.
The moratorium shall begin on the approval date of the forest
practices application/notification. I understand Ghat this meaII0
that the County, city, tcwn and/or regional govezumantal entities
shall deny any or all applications for permits or approvals,
including but not limited to building permits and subdivision
approvals, relating to nonforestry uses of the land subject to the
7licatioa/notification. The local governmental entity may lift
e six-year moratorium if it so chooses through a process which
shall include public notification, and procedures for appeals and
public hearings.
(5) 1 understand that the six-year moratorium shall be
imposed for applications/notifications which include a Conversion
Option Harvest Plan approved by the local governmental entity if
the forest practices are not conducted in compliance with the
approved forest practices permit.
(6) 1 understand that information regarding the forest
,practices aPPlicawion/notification referred to in this Notice may
be found at the Washington State Department of Natural Resources,
South Puget Sound Region Office, Enumclaw, Washington.
(7) I certify and declare under panity of porjury under the
1"R of the otate of Washington that, the foregoing is true and
correct.
Signed this, 27 day of p1 1 9,51
c�
/ (mon h) (year)
at
(cit
y (state)
Forest Owner (Signature)
f •--a
Forest land Owner (Print Name) LO
PO= BM QQ-42 110/971
OCT-08-2003 12:03 MASON COUNTY TITLE 360 426 0716 P.04i05
1719082
Pq1: 1 Of 2
10/05121H 120 1P
masm co, WA
When Recorded Return to: p
EXH
BIT
Islie
NOTICE OF MORATORIUM QN NON-FORESTRY VSE OF LAND
GRANTOR, 16'k 1 P5 t iU /rf'►YJ Ge CC 1*1 P6 Pi
(Name of Forest Land Ownes)
GRANTEE: c���� Co(4IV1 s
(Name of County or City in Which Land Subject to the
Forest Practices Application/Notification is
Located)
LEGAL DESCRIPTION OF THE FOREST PRACTICES OPERATION: (Include lot,
black, ,plat, section, quarter/quarter section, township and range)
It
Mason County Planning Dept.
--
RECEIVED
ASSESSOR'S PROPERTY TAX PARCEL OR ACCOUNT NUMBER($) :
FOREST PRACTTCES AP`PLICATION/NOTIF'ICATTOIV NO, 240,6698
APPROVAL DATE
(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 practices rules, WAC Title 222 . I am
specifically familiar with RCW 76 .09.060 (3) and its effects.
(2) By this statement I declare that the land subject to this
forest practices application/notification will not be converted
to an active use incompatible with timber growing within mix years
after the approval date of the forest practices permitted in the
forest practices application/notification.
F'ova DNR QQ-41 (10/97) /
OCT-00-2003 12:04 MASON COUNTY TITLE 360 426 0716 P.05i05
1719882
iI
P/o; 3 of l
IsIN12M0 17:11P
Meson Co, UA
(3) I understand that applicationO/notifications are subject .
ation requirement as described in RCW 76.09 and WAC
that th
Title 222, the forest practices rules. I alsonunders ane land ise
reforestation requirements shall not apply y
f
in fact, converted Unless applicable alternatives or limitations
are provided in forest practices rules issued anon ofrtRCW 76 -st land
I further understand that it is the 9
owner or the owner of perpetual rights to cup timber owned
separately from the land to ensure that such reforestation takes
t the obligation to reforest shall. beccoome�
place. I understand tha
the obligation of the new owner if the land or peril
rights are: sold or otherwise transferred.
(4) 1 understand that if I have declared that the land
Subject to this forest practices applicahion/notification will not
be converted to an active use incompatible with timber growing,
that the land shall be subject to a six-year moratorium which will
preclude current and/or successor forest land owners from
obtaining development permits while the moratorium is in place.
The moratorium shall begin on the approval date of the forest
practices ounty, city, tower nand/or regional governow ntsld that �entiti"
s means
that the y County, or all applications for permits or approvals,
shallincluding
deny any emits and subdivision
including but not limited to building p sot to the
approvals, relating to nonforestry uses of the 1mad subj
application/notification. The local governmental entity may lift
the six-year moratorium if it so chooses through a process which
shall include public notification, and procedures for appeals and
public hearings.
(s) I understand that the six-year moratorium shall be
imposed for applications/notifications which include a Conversion
option Harvest Lipae by the local governmental
entity
if
the forestpaccesre not conducted compliance with the
approved forest practices permit.
(6) I understand that information regarding the forest
practices application/notification referred to in this Notice may
be found at the Washington state Department of Natural Resources,
South Puget Sound Region Office, Enumclaw, Washington.
(7) I certify and declare under penalty of perjury under the
laws of the deato of Washington that the foregoing is true and
correct. ik
a� day of ,uu4� �G J ,
Signed this -�— tar,( nt ) "' (year")
�"] ' to
(city) sta )
Forest Land owner (Signature)
Forest 4LS
�r�(
rant Name)
Form DNR QQ-41 (z0/97)
TOTAL P.05
• • FOREST PRACTICE� T BASE MAP
APPLICATIONI
EXHIBIT
.� 65/ 1 654 8654- ' 3�8E546
OR AN : �.oiP FR=� ;J K
�E
78D '
853$3 85385 r/. ® _�
38532.6
f S E
/ 38 ^� 384225 384296 -
71
Mare,44M,;N �o
J 2524 Pervto.*--I Nc�
C.P``
LEGEND:
-- - • TYPE 1 WATER UNIT BOUNDARY 6 LANDING
—-- -- TYPE 2 WATER EXISTING ROAD (A) WETLAND/TYPE
— : PLANNED ROAD
------ --- TYPE 3 WATER = _— 0 WRT/GRT's® RMZ or wMZ
- —----- TYPE 4 WATER RAILROAD
w -------------- TYPE 5 WATER 200' CONTOUR Simpson
- - - - - - - -- - TYPE 9 WATER 40' CONTOUR TIC MARK
SCALE: 1 " = 1 .000' PLOTTED: 1/11/00 2:07:23
r
.1
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
&CAM11
NOTICE OF APPLICATION
FOREST PRACTICES SIX-YEAR MORATORIUM RELEASE
October 28,2003
This is a Notice of Application as required by the Mason County Development Code 15.07.010.Notice to
be posted on site and mailed to all property owners of record within 300 feet of subject property.
Applicant Name: Simpson Resource Company
Date of Application: October 22,2003
Date of Finding of
Completeness: October 28,2003
Location of Project: SW'/,,SW'/4,Section 34,Township 21N.,Range 3W.,WM
Description of Project: A permit to log this property was issued by the Washington State Department of
Natural Resources on 11/7/99 and 1/18/00 under a Class III FPA permit
(numbers 2406560&2406698).That process automatically places a six-year
development moratorium on the entire parcel.The owner wishes to release the
that portion of the property that lays east of Mason Lake Road from that
moratorium To do this,the owner has applied for a Release from Moratorium,
per Mason County Ordinance 103-98,sec 11.04.400.The moratorium would
other wise expire in January 2006.
Approvals,Actions
and Required Studies: A hearing to consider this request will be held before the Mason County
Hearings Examiner on November 25,2003 at 1:00 PM in the Mason County
Commissioners Chambers(411 N 56'Ave,Shelton).This project is also subject
to SEPA review with final approval by the Director of the Mason County
Department of Community Development.
Public Comment
Period: Comments can be directed to the Staff member listed below,until 5:00 PM
November 21,2003.
Existing Environmental
Documents: SEPA Checklist
County Staff Contact: Michael MacSems,360-427-9670 ext 571
Date,Time&Place of
Scheduled Public Meeting:Tuesday;November 25,2003, 1:00 PM;Mason County Commissioners
Chambers,411 N 5th Street,Shelton
Timeline for Final
Action: Final action shall follow within (the standard) 120 days from date of a Finding
of Completeness(plus stays—clock stops—for preparation and review of any
required studies).
Signed By: Date: 1 U 2 3
O
EXHIBIT
STAFF REPORT
November 25, 2003
TO: Mason County Hearings Examiner
FROM: Mason County Department of Community Development
STAFF: Michael MacSems, Subdivision&Forest Practices Planner
RE: Removal of Six-year Development Moratorium(VAR2003-00047)
SUBJECT: Removal of 6-year forest practices moratorium from a 20+-acre portion of a
larger parcel. Pursuant to Mason County Ordinance 108-98, section 11.04.420.
INTRODUCTION
This report presents an evaluation and a recommendation for the removal of a 6-year
development moratorium request.
APPLICANT
Simpson Resource Company
P.O. Box 9001
Shelton, WA
PROPERTY LOCATION
SE %4, SW %a, Section 34, Township 21 North, Range 3 West, WM. Located at the
intersection of Mason Lake Road and Catfish Lake Road.
Tax#: 32134-30-00000
AREA DESCRIPTION
This project is located in central Mason County about a mile west of SR 3. Property use
in the vicinity appears to be primarily higher density residential and forestry. The site is
currently zoned R-5.
PROJECT DESCRIPTION
The property that is requested for moratorium release is part of a lager parcel but is
separated by Mason Lake Road. The entire parcel (both sides of the road) falls under two
six-year development moratoriums resulting from two Class III logging permits (2406560
&2406698). The logging under these two permits was done entirely on the opposite side
(west) of Mason Lake Road but because of the way the moratorium notices were written;
the entire parcel became subject to these moratoriums. Once the moratorium is removed
Simpson plans to divide (by the county road)the parcel and sell it. Before that can be
H:Wy DocumentsISR Hearings Ex FPA Release.docmms 1
done, Simpson would have to wait out the six-year moratorium (which expires in on
1/18/06) or attempt to have the moratorium released in accordance with section 11.04.400
(as adopted)of the Mason County Forest Practices Moratorium Ordinance.
I have reviewed the logging work done on the property and find that no logging has
actually occurred on the portion of the property subject to the request for release and that
although it was permitted as a Class III FPA, the property west of Mason Lake Road
meets the specifications of a Class IV General FPA without mitigation.
EVALUATION
The Mason County Forest Practices Moratorium Ordinance(#108-98) establishes a set of
rules for either removing or waiving the standard six-year development moratoriums that
have accompanied all Forest Practice Application(FPA)permits, other than Class IV
Generals, since 1997. These moratoriums prohibit any development of subject property
other than forestry related use.
Because the owners of this parcel wish divide(by the county road) this parcel in two and
sell the eastern portion(the subject of this release) for presumably non-forestry purposes,
such development of this land, would have to wait for the moratorium to expire in
January 2006 or go through our,ordinance to have the moratorium released.
Standards for Approval:
1. The person requesting the removal did not attempt to avoid the county review or
restrictions of a conversion forest practices application.
2. The harvest and reforestation of the property shall be completed as specified in
the approved forest practice application/notice.
3. There shall be no damage to a critical area or its associated vegetation area nor to
the shoreline area or that any damage to those areas is repairable with restoration.
4. The proposed development shall be consistent with the county plan development
regulations.
5. Mitigation shall be required for impacts to critical areas, stormwater, and
shorelines. Other mitigation shall be required to prevent significant adverse
environmental impacts,pursuant to county Ordinance#55-97, the Environmental
Policy Ordinance.
It appears that approval of this application would be in the public interests as positive
findings have been made concerning all of the above conditions. These findings are as
follows:
1. There is no evidence the property owner has sought to avoid county review.
H.•My DocumentsISR Hearings Ex FPA Release.docmms 2
2. The timber harvest was conducted according to state rules.
3. No damage has occurred to any critical features of this property or its buffers.
4. Future plans for this property are unknown,but shall conform to the Comprehensive
Plan and Development Regulations of Mason County.
5. Mitigation will not be required for this proposal.
PUBLIC COMMENTS
A SEPA Determination of Mitigated Non-Significance with a 14-day comment period
was issued on October 23, 2003.No comments for this project were received.
CONCLUSIONS
The Department of Community Development has reviewed the materials made available
to us and finds that this proposal is in keeping with the goals of the Mason County
Comprehensive Plan. The Mason County Department of Community Development
recommends approval for the release of this site from the two six-year development
moratoriums imposed on November 7, 1999 and January 18, 2000,without conditions.
CHOICES OF ACTION
1. Grant approval of request for moratorium removal.
2. Deny request for moratorium removal.
3. Grant conditional approval of request for moratorium removal.
4. Postpone the decision for further information.
WOJ0,7 I1 /1 Z / 3
Michael Ma Sems Date
H:My DocumentsLSR Hearings Ex FPA Release.docmms 3
EXHIBITS
Exhibit 1: Application for Moratorium Release
Exhibit 2: Notice of Moratorium dated 11/7/99
Exhibit 3: Notice of Moratorium dated 1/1//00
Exhibit 4: Map of subject parcel
Exhibit 5: Notice of Application
H:Wy DocumenlsISR Hearings Ex FPA Release.docmms 4
STAFF REPORT
November 25, 2003
TO: Mason County Hearings Examiner
FROM: Mason County Department of Community Development
STAFF: Michael MacSems, Subdivision&Forest Practices Planner
RE: Removal of Six-year Development Moratorium (VAR2003-00047)
SUBJECT: Removal of 6-year forest practices moratorium from a 20+-acre portion of a
larger parcel. Pursuant to Mason County Ordinance 108-98, section 11.04.420.
INTRODUCTION
This report presents an evaluation and a recommendation for the removal of a 6-year
development moratorium request.
APPLICANT
Simpson Resource Company
P.O. Box 9001
Shelton, WA
PROPERTY LOCATION
SE /4, SW /4, Section 34, Township 21 North, Range 3 West, WM. Located at the
intersection of Mason Lake Road and Catfish Lake Road.
Tax #: 32134-30-00000
AREA DESCRIPTION
This project is located in central Mason County about a mile west of SR 3. Property use
in the vicinity appears to be primarily higher density residential and forestry. The site is
currently zoned R-5.
PROJECT DESCRIPTION
The property that is requested for moratorium release is part of a lager parcel but is
separated by Mason Lake Road. The entire parcel (both sides of the road) falls under two
six-year development moratoriums resulting from two Class III logging permits (2406560
&2406698). The logging under these two permits was done entirely on the opposite side
(west) of Mason Lake Road but because of the way the moratorium notices were written;
the entire parcel became subject to these moratoriums. Once the moratorium is removed
Simpson plans to divide (by the county road) the parcel and sell it. Before that can be
H:IMy DocumenlsISR Hearings Ex FPA Release.docmms ]
done, Simpson would have to wait out the six-year moratorium (which expires in on
1/18/06) or attempt to have the moratorium released in accordance with section 11.04.400
(as adopted) of the Mason County Forest Practices Moratorium Ordinance.
I have reviewed the logging work done on the property and find that no logging has
actually occurred on the portion of the property subject to the request for release and that
although it was permitted as a Class III FPA, the property west of Mason Lake Road
meets the specifications of a Class IV General FPA without mitigation.
EVALUATION
The Mason County Forest Practices Moratorium Ordinance(#108-98) establishes a set of
rules for either removing or waiving the standard six-year development moratoriums that
have accompanied all Forest Practice Application(FPA)permits, other than Class IV
Generals, since 1997. These moratoriums prohibit any development of subject property
other than forestry related use.
Because the owners of this parcel wish divide (by the county road) this parcel in two and
sell the eastern portion (the subject of this release) for presumably non-forestry purposes,
such development of this land,would have to wait for the moratorium to expire in
January 2006 or go through our ordinance to have the moratorium released.
Standards for Approval:
1. The person requesting the removal did not attempt to avoid the county review or
restrictions of a conversion forest practices application.
2. The harvest and reforestation of the property shall be completed as specified in
the approved forest practice application/notice.
3. There shall be no damage to a critical area or its associated vegetation area nor to
the shoreline area or that any damage to those areas is repairable with restoration.
4. The proposed development shall be consistent with the county plan development
regulations.
5. Mitigation shall be required for impacts to critical areas, stormwater, and
shorelines. Other mitigation shall be required to prevent significant adverse
environmental impacts, pursuant to county Ordinance#55-97, the Environmental
Policy Ordinance.
It appears that approval of this application would be in the public interests as positive
findings have been made concerning all of the above conditions. These findings are as
follows:
1. There is no evidence the property owner has sought to avoid county review.
H.My DocumenlsISR Hearings Ex FPA Release.docmms 2
2. The timber harvest was conducted according to state rules.
3. No damage has occurred to any critical features of this property or its buffers.
4. Future plans for this property are unknown,but shall conform to the Comprehensive
Plan and Development Regulations of Mason County.
5. Mitigation will not be required for this proposal.
PUBLIC COMMENTS
A SEPA Determination of Mitigated Non-Significance with a 14-day comment period
was issued on October 23, 2003. No comments for this project were received.
CONCLUSIONS
The Department of Community Development has reviewed the materials made available
to us and finds that this proposal is in keeping with the goals of the Mason County
Comprehensive Plan. The Mason County Department of Community Development
recommends approval for the release of this site from the two six-year development
moratoriums imposed on November 7, 1999 and January 18, 2000, without conditions.
CHOICES OF ACTION
1. Grant approval of request for moratorium removal.
2. Deny request for moratorium removal.
3. Grant conditional approval of request for moratorium removal.
4. Postpone the decision for further information.
W6 11 /iz �a3
Michael MkSems Date
H:My DocumentsISR Hearings Ex FPA Release.docmms 3
EXHIBITS
Exhibit 1: Application for Moratorium Release
Exhibit 2: Notice of Moratorium dated 11/7/99
Exhibit 3: Notice of Moratorium dated 111//00
Exhibit 4: Map of subject parcel
Exhibit 5: Notice of Application
H:My DocumentsISR Hearings Ex FPA Release.docmms 4
OCT 2 2 2003 Mason County
426 W1 CEDAR ST-1 Forest Moratorium Waiver/Release Application
This application is 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 necessary to process the application in an expedient manner.
Are you requesting a Waiver or a Release from the Moratorium?
❑ Waiver A Release
Applicant's Name:
Applicant's Address: lam.0,. 1�k 9 cx.-_,� t
Operator's Name: NA�,
Operator's Address: N/A
Parcel number of affected Parcel: 3-2 c 34 - "3 c5 - c,c c,v o
Parcel size in acres: 20 +—
Identify what type of timber was removed, ie: Douglas Fir, Western Red Cedar, Alder, Maple,
etc: No nrz-
Was the timber harvest done under an approved forest practice application: ❑ Yes ❑ No ✓ A
Was there an enforcement action taken by the Department of Natural Resources (DNR):
❑ Yes ❑ No NI-,
t
Forest Practice Application Number: 2 4-o C rCd Z 4-o CV� �j
Forest Practice Application Date of Approval: l 1 7
What do you plan to use the affected parcel for:
l, Q- s 1 J
4 � n
Are there any critical areas on your site? ie: wetlands, streams, creeks, steep slopes, etc..:
❑ Yes )ItNo Identify the type critical area/s:
Please list conditions of approvals by DNR for your forest practice application:
(Additional information can be placed below or on additional page)
U
i
�U w
d Nu c
c„-" �f 3
401,\ �. 2 e� . /Z S�/
Were any of the buffer areas effected by the timber harvest? ❑ Yes ❑No n/�/A
Identify if you harvested any timber in the critical areas on your site: ❑ Yes ❑ No N�A
Have you replanted per DNR standards: ❑ Yes ❑ No ✓jA
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 am familiar with the requirements of the Forest Practices Act, RCW
76.09 and the forest practices rules, WAC Title 222. I am specifically familiar with RCW
76.09.060(3) 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.
2W3
f L%
Signed this day of acliv ✓ , M at
(month)
(City) (State)
STATE OF WASHINGTON)
) SS
COUNTY OF MASON )
On this day of 0 :� �, before me, the undersigned, a
Notary Pub i n and for the State of Washington, duly commissioned and sworn, personally
appeared u , , to me known to be the individual described in
and who executed the within and egoing instrument, and acknowledged that
�k signed the same as 1A, G free
and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEI� epm �� and official seal this O day ofncstA%,-�
A-L A L�
r = NOTAR LIC and for the State
s
�~ of Washington residing at
1
1�fWA8N,����
OCT-08-2003 12:03 MASON COUNTY TITLE 360 426 0716 P.02i05
Paso: 1 of 2
11I3011999 6219P
DDT of INiTUIpN. R[IOURCE I NTM7R 9.00 Maamn Co, UA
When Recorded Return to:
�l Nh,'�Q•�..: l ��'YI 1�L� ,
NOTICE OF MORATOl2117M OIL NON-)FORESTRY USE OF L,A3QD
GRANTOR: Ts,- lI e Q Cal cki G
(Name of Forest Land Owner)
�CSc�,� ��`� Mason County Planning 8 DeDL
GRANTEE:
(Name of County or City in Which Land the
Forest Practices Application/Notification is
Located) RECEIVED
LEGAL DESCRIPTION OF THE FOREST PRACTICES OPERATION: (Include lot,
block, plat, section, quarter/quarter section, township and range)
ASSESSOR'S PROPERTY TAX PARCEL OR ACCOUNT NTMBER(S) :
FOREST PRACTICES APPLICATION/NOTIFICATION NO. 2 4 0" Goo
APPROVAL DATE I1"-
(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 practices rules, WAC Title 222 . 1 am
specifically familiar with RCW 76.09.060 (3) and its effects.
(2) By this statement I declare that the land subject to this
forest practices application/notification will not be converted
to an active use incompatible with timber groaning within six years
after the approval date of the forest practices permitted i the
forest practices application/notification.
Form DNR 00-41 (10197)
OCT-08-2003 12:03 MASON COUNTY TITLE 360 426 0716 P.03i05
ni Ps 2 of i Y
DO
T OF NRTURAI. 11/30/1269 02:EOP
1011RCE8 RIT"N
.91 Mason Co, UM
(3) 1 understand that applications/notifications are subject
to the reforestation requirement as described in RCW 76.09 and WAC
Title 222, the forest practices rules. 1 also understand that the
reforestation requirements shall not apply only if the land is,
in fact, converted unless applicable alternatives or limitations
are provided in forest practices rules issued under RCW 76.09.070.
I further understand that it is the obligation of the forest land
owner or the owner of perpetual rights to cut timber owned
separately from the land to ensure that such reforestation takes
place. I understand that the obligation to reforest shall become
the obligation of the new owner if the land or perpetual timber
rights are sold or otherwise transferred.
(4) 1 understand that if 1 have declared that the land
subject to this forest practices application/notification will not
be converted to an active use incompatible with timber growin
that the land shall be subject to a six��rear moratorium which will g,
preclude current and/or successor forest land owners from
obtaining development permits while the moratorium is in place.
The moratorium shall begin on the approval date of the forest
practices application/notification. I understand that this means
that the County, city, town and/or region], governmantal entities
shall deny any or all applications for permits or approvals,
including but not limited to building permits and subdivision
approvals, relating to aoaforestzy uses of the land Subject to the
spglicetion/nOtifica.tiom. The local, governmental entity may lift
the six-year moratorium if it so chooses through a process which
shall include public notification, and procedures for appeals and
public hearing$.
(5) 1 understand that the six-year moratorium shall be
imposed for applications/notifications which include a Conversion
Opption Harvest Plan approved by the local governmental entity if
the forest practices are not conducted in compliance with the
approved forest practices permit,
(6) 1 understand that information regarding the forest
practices application/notification referred to in. this Notice may
be found at the Washington State Department of Natural Resources,
South Puget Sound Region office Enumclaw,
(7) I certify and declare underpenalty W of ashington.
r the
lawns of the state of Washington tha theo going wee and
Correct.
Signed this, 2-7� day of & _4 4, L � .
(mou h) � � x)
at
(city (state)'*
Forest Owner (Signature)
Forest Land Owner (Print Name)
Form DM QQ-42 (10/97)
OCT-08-2003 12:03 MASON COUNTY TITLE 360 426 0716 P.04i05
ism 1719882
P.rY: 1 of 7
masm Co. WA
When Recorded Return to:
�rn �o•�: I � rn � ,
C
NOTICE OF MORATORIUM ON NON-FORESTRY USE OF LAND
GRANTOR:
(Name of Forest band Owner)
GRANTER: �Cc���� C01410-4
(Name of County or Chin Which Land Subject to the
Forest Practices Application/Notification is
Located)
LEGAL DESCRIPTION OF THE FOREST PRACTICES OPERATION: (Include lot,
block, plat, section, quarter/quarter section, township and range)
r iV - /Z&[,o Mason county Planning Dept.
RECEIVED
ASSESSOR'S PROPERTY TAX PARCEL OR ACCOUNT NUMBER($) t
FOREST PRACTICES APPLICATION/NOTIFICATION NO. o2 4 0-6 6 9 8
APPROVAL DATE '
(1) I certify that I am the forest Idnd 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 practices rules, WAC Title 222 . I am
specifically familiar with RCW 76 .09.060 (3) and its effects.
(2) By this statement I declare that the land subject to this
forest practices application/notification will not be converted
to an active use inccupatibie with timber growing within mix years
after the approval date of the forest practices permitted in the
forest practices application/notification.
Form DNR QQ--41 (Z 0/97) /
r OCT-08-2003 12:04 MASON COUNTY TITLE 360 426 0716 P.05/05
r
M 9882 .
Pap: 2 of 2
1i/i6r2 12 AIP
Kim II til) Mayon Co. UA
(3? I understand that applications/notifications are subject .
to the reforestation requirement as described in RCW 76.09 and WAC
Title 222, the forest practices rules- I also understand that the
reforestation requirements shall not apply only if the land is,
in fact, converted unless applicable alternatives Or
RCW limit
ations
are provided in forest practices rules
issued under
1 fi-:rther understand that it is the obligation of the forest land
owner or the owner of perpetual rights to cut timber owned
separately from the land to ensure that such reforestation takes
place. I understand that the obligation to reforest shalll. beccoome�
the obligation of the new owner if the land or peril
rights are sold or otherwise transferred.
(4) I understand that if I have declared that the land
subject to this forest practices application/notification will not
be converted to an active use incompatible with timber growing,
that the land shall be subject to a six-year moratorium which will
preclude current and/or successor forest land owners from
obtaining development permits while the moratorium is in place.
The moratorium shall begin on the approval date of the forest
practices application/notificand/or regional derstand thatalhis means
that the county, city, applications for Permits or approvals,
shall deny any ar all app including but not limited to building Permits and subdivision
ti the
aipprovals, relating to nonforestry uses of the land subject
application/notification. The local governmental entity may lift
the six-year moratorium if it so chooses ceduxes fo r C005appealshich
shall include public notification, p
and
public hearings.
(5) 1 understand that the !six-year moratorium shall be
imposed for applications/notifications which include a Conversion
option Harvest Plan approved by the local governmental entity if
the forest practices are not conducted in compliance with the
approved forest practices permit.
(6) I understand that information regarding the forest
practices application/notification referred to in this Notice may
be found at the Washington State Department of NaturalResources,
South Puget Sound Region Office, Enumclaw, Washington. under the
(7) I certify and declare umder penalty of perjury
haws of the atat.a of Washington that the foregoing is true ax1d
correct. +k
Signed this day of a ` --- (year)
P) . 4 �/
at he I�,�
(city) state)
Forest Land pwner (Signature)
Forest Land Owner ( rint Name)
Form DNR QQ-41 (z0/97)
TOTAL P.05
0 '�
7FOREST PRACTICE� , . T ; , �, BASE MAP
- k-, I l " - I NI
APPLICATION
15865
i 654 � 1'
8654- �
386546
ORA N FR -';�K ,�--
3853-83_ 78D-- 85385 / ®
\� 3853$6 -
SE --�
84223 84 4 �; 384225
38429-6 --
-T 000 A,""C' a'r
1f 252� i PevnovP-f
LEGEND:
• TYPE 1 WATER UNIT BOUNDARY LANDING
--- -- TYPE 2 WATER EXISTING ROAD WETLAND/TYPE
------- TYPE 3 WATER = __= PLANNED ROAD O WRT/CRT's
----------- TYPE 4 WATER RAILROAD
® RMZ or WMZ
w -------------- TYPE 5 WATER 200' CONTOUR �t�
- - - - - - --- - TYPE 9 WATER 40' CONTOUR TIC MARK pson
SCALE: 1 " = 1 .000' PLOTTED: 1/11/00 2:07.23
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
NOTICE OF APPLICATION
FOREST PRACTICES SIX-YEAR MORATORIUM RELEASE
October 28,2003
This is a Notice of Application as required by the Mason County Development Code 15.07.010.Notice to
be posted on site and mailed to all property owners of record within 300 feet of subject property.
Applicant Name: Simpson Resource Company
Date of Application: October 22,2003
Date of Finding of
Completeness: October 28,2003
Location of Project: SW'/4, SW'V4,Section 34,Township 21N.,Range 3W.,WM
Description of Project: A permit to log this property was issued by the Washington State Department of
Natural Resources on 11/7/99 and 1/18/00 under a Class III FPA permit
(numbers 2406560&2406698).That process automatically places a six-year
development moratorium on the entire parcel.The owner wishes to release the
that portion of the property that lays east of Mason Lake Road from that
moratorium.To do this,the owner has applied for a Release from Moratorium,
per Mason County Ordinance 103-98,sec 11.04.400.The moratorium would
other wise expire in January 2006.
Approvals,Actions
and Required Studies: A hearing to consider this request will be held before the Mason County
Hearings Examiner on November 25,2003 at 1:00 PM in the Mason County
Commissioners Chambers(411 N 5m Ave,Shelton).This project is also subject
to SEPA review with final approval by the Director of the Mason County
Department of Community Development.
Public Comment
Period: Comments can be directed to the Staff member listed below,until 5:00 PM
November 21,2003.
Existing Environmental
Documents: SEPA Checklist
County Staff Contact: Michael MacSems,360-427-9670 ext 571
Date,Time&Place of
Scheduled Public Meeting:Tuesday;November 25,2003, 1:00 PM;Mason County Commissioners
Chambers,411 N 5`h Street,Shelton
Timeline for Final
Action: Final action shall follow within (the standard) 120 days from date of a Finding
of Completeness(plus stays—clock stops—for preparation and review of any
required studies).
Signed By: Date: v Z 3
M i,W.,t,l G S/ WPesse%
S le-1fe4lt
October 27, 2003 T w�
1 v/_, O_3
Property owners within 300 feet of Simpson Resource Parcel involved in the request
for removal of Moratorium of non-forestry use of land.
Section 34, Twp 21 N, Rge 3 West, W.M.
Map # Parcel ID# Name Address
1 321343100050 STAFFORD R FORDE 6211 157TH ST NW GIG HARBOR WA 983329036
2 321343100010 STAFFORD R FORDE 6211 157TH ST NW GIG HARBOR WA 983329036
3 321343100070 DAVID L&LINDA J MABEY PO BOX 2060 SHELTON WA 985845036
4 321343100020 KEITH J&PEGGY L 1310 E MASON LAKE RD SHELTON WA 985847509
SCHOUVILLER
5 321343100080 DAVID L&LINDA J MABEY PO BOX 2060 SHELTON WA 985845036
6 321347590091 LOUGHEED,STEVE& 151 E MARJORIE LN SHELTON WA 985846631
PENNY
7 321347590084 MARK&MARYANN PO BOX 28 OLYMPIA WA 985070028
SILVERSTEN
8 321347590083 TORMANEN, DANIEL P& 81 E MARYANN PL SHELTON WA 98584
PAMELA L
9 321347500050 RAMONA SLAGLE CLARK 8090 NE HIGH SCHOOL RD BAINBRIDGE ISLAND WA 981101638
10 321347500040 J DONALD MASTERS 7304 213TH PL SW APT#110 EDMONDS WA
980267645
11 321347500030 RICHARD A&LINDA ELAINE JENSEN 1190 E AGATE RD SHELTON WA 985848158
BOSTON ET AL
12 321347500020 WOOD,LAWRENCE R&SHAROLYN M 151 E CATFISH LAKE RD SHELTON WA 985847529
13 321347500010 THOMAS W MALLOY 120 E CATFISH LAKE RD SHELTON WA 985847529
14 321344300012 CONARD B&BRENDA S 101 E KINGS WAY SHELTON WA 985849524
WHEATLEY
15 321343400010 ALPINE EVERGREEN CO INC 7124 STATE HIGHWAY 3 SW PORT ORCHARD WA
983677653
16 320037500030 ESTATE OF ROBERT D C/O OFFICE OF FIN. RECOV ATTN: PEGGY DE MIERO PO
BLAKE BOX 9501 OLYMPIA WA 985079501
17 320037500010 DONALD K&MARY E 60 E CATFISH LAKE RD SHELTON WA 985849650
HERRICK
18 320037500020 H LE ERMA KINGERY 654 E MASON LAKE RD SHELTON WA 985847507
19 320037500050 CLYDE C JR&PATRICIA LANDSAW 630 E MASON LAKE RD SHELTON WA
985847507
20 320037500040 HIRSCHHORN,KENNETH&MARLIE K 4831 S GRAHAM ST SEATTLE WA 981182839