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Forestry, Restoration - FPA Letters / Memos - 6/9/2004
FOR INTERNAL LSE ONLY' WAS"INGTON STAU NPARTMEtiTOF Natural Respumes FPAN I DATE P.C'VD- Forest Practices Application/Notifleation REGION: QJ THIS LQAH.11 PL OR ERINJ 0 EEIIHAMALL 1) Full lEgai name of a 2) Fall lei gat name ofli�n 13) Full legal name of�2 40 rl Business Contas Bu' Business cl CosItnaer.7 k"J"a V P 0 14 11 C., ontar-"-- I Mailing Address Mailing Address ailing ddic"is J City, State or Province. Countr Y' and Z_ip City, State or Province,Country,and Zip City,State of Province,Country,an or Postal Code oy Postal Code or Postal Code _Tt4e t T-6 #N 1 ne T�Phone(3(oo) %4 J�-!�- .5 Pho 953 E-Mail: E-Mail: 4) Is a perpetual timber owner submitting this FPA/N without a landowner signature? ( ] Yes. See Instructions for rewired additional documents. NX10. 5) If any timber will be harvested.enter the Forest Tax Reporting Account Number ofthe TLmber Owner:_Ala For Lax reporting infonnat;on or tax numbers call 1-8%. -54F-8829, 6) Legal description and county of the forest practice activity. Sub-Division('14 44 Sect"ic" E/W 3--.4 we 5,e SW A HA-WAI J W, JA Ti We affirm that the inrormatior.contained herein is true,and understand that this proposed Forest Practice is subject to the cut-rent rules and regulations of the forest practices act, as well as any applicable federal,state or local rules and regulations. Compliance with this application/notification does not ensure compliance with the Endangered Species Act,or other federal,state,or local laws. Signature of LAPAO 0 Signature of IiMlk[QEgJL_ Signaturr.of _2ff=: Date. 3 Daw 3 J4,A14- 01 pate: :3 JOAlAr 0-1 Print Timbe QIEA&r nanw: Print LjaAg_"�=name: PrintQjKrjLt5Lr name. pArip P,#4KO R. oTeVA�P-7RE-45- Cover Pasr. Form QQ46(10-31-03) F' `.EST PRACTICE ACTIVITY M TOWNSHIP 19 NORTH HALF 0, RANGE 3 WEST (vV.M )HALF 0, SECTl4N 2 A►potscstion +4 t � 1 s t lacy ift 104 r'�aa p��r y co {nptrc G10r+:rr 16 s t r/ .bays.ssd 'I'h�rt+dly.lures 03,2404 3 SS Cb AM A1R�KK+L �0 NAfJ(!3 Contt+ur Intlrvu; CC Fs»c Mos ray i AR.eA w'H6RF �� ptJ►Nf �� 7-0-13 Co0.4.r /k LAY TNAXF ,ON 1-rolmmc0 sc, CAM pAAWr PWA .1~ dr'PAR wE AFll"'A?p rAt 8CjjuvoN6-5 lA r-,ff,rt A,-4q*AV p j s'rAAfCE Forest Practices Application/Notification General Questions COMPLETE ALL QUESTIONS AND COMPLETE APPROPRIATE SECTIONS INDICATED BY ANY OF THE FOLLOWING QUESTIONS ANSWERED WITH A"YES" 1) Is the forest practice activity within city limits' ( j Yes. if Yen.,name of city: -.. No. 2) Is the forest practice activity within a public park? ( j Yes. If Yes, name of park: --_ L-A No. 3) Is the forest practice activity within 500 feet of a public park? ( J Yes. If Yes,name of park:,_ ___.._._.—.� ()(�No. A) Was land platted after January 1, 1960? ( J Yes. If Yes,see instructions. tu]No 5) Does the landowner intend to convert this land to a use that is incompatible with growing timber within 3 years'? Yes. If Yes,see instructions. (a(j No. 6) Does landowner have an approved Conversion Opbon Harvest flan(COHP)for tht land where landowner intends to conduct a forest practice? ( J Yes. If Yes,fncl aqa S0912(the aoprovA C21ifP- hg Rio. 7) Is the landowner interested in the Forest Riparian Easerreent Program, a compe-oration program for small forest landowners harvesting timber near a stream,river.wetland.pond or take? I ) Yes. If Yes,see instructions. L4 No. 8) Is the proposal within 50 trules of salt water and does the landowner own 500 acres or more,of forest land? t J Yes. If Yes,rk2MR11je the Marhled Mt ire et Section or if Imuiowner is applying an approved State and/or Federal Conservation Agreen-ant attacl prescriptions. [A No. 9) Does the forest practice involve aerial application of chemicals? ( j Yes. If Yes,comnieto the�g*tii fhetnical Ae►'ollcation_ ylQd!• (�cJ No. 10) Will there be any harvest or road construction within 2flo feet of the ordinary high water mark or the f<oodway of a. Type 1 water? ( J Yes If Yes,compliance with Shoreline Management Act Chapter 90.58 RCW is required. See Instructions. (A No. General Questions- 1 of 3 Form(t)46 I l U-31 q3) 111 Will there be any barvest activity,road activity or aerial chertucal application%%thin 200 feet of the Bank Full Width (BFW)or Channel Migration"Lone(( MZ)of any water(river, stream,stream channel,wetland,pond or take)? ( ! Yes. If Yes,continue. [)Q No. If No,go to Question 019. 12) Has there been a previous water type field verification,per the interim water type rules, verifying all Type 4, 5 waters within the proposed forest practice area and within 200 feet of the area" [ ] Yes. If Yes,RE2,We g9cyMgXAfi9A for those streams(i.e.Protocol Survey or waiver). { ) No. If No.identify and label correctly all waters on activity map(s)and Cgrgniete Wgger Tyne$esap. ( ]Both. if Both,grevide Oi;umen[atdon for those streams that have been verified and also 5otn2iete the Wa er Tyne Sgc_rian for the remaining streams. 13) Is the landowner claiming the 20-acre small landowner parcel riparian rule exemption? [ )Yes. If Yes,SgtDgli< i,Mall Landowner Riparian 1xem9tion Section and skip to Question 016 in this general question section. ( ]No. 14) Will there be any harvest within 30 feet of the BFW of a Type 4 or 5 water? j )yes, If Yes,a 30-foot equipment lirrdtation zone is required or if landowner is applying an approved State and/or Federal Conservation Agreement attach prescriptions. [ ]No. 15) Will there be any harvest within 200 feet in western Washington or 130 feet in eastern Washington of the BFW or CMZ, which ever is greater,of a Type 1,2, 3,of 4 water? [ ]Yes. If Yes,rotonlete Marian moryest Section or if landowner is applying an approved State and.'or Federal Conservation Agreement attach prescriptions. [ )No 16) Will there be any harvest or road construction within 200 feet of a wetland edge? [ ] Yes. If Yes,cotnnl 1 y tc iand Sec oe or if landowner is applying an approved State and/or Federal Conservation Agceetnent attach prescriptions. [ }No. NOTE: Work within or over"Type 1, 2,or 3 water will require a Hydraulic Project Approval(HPA). Work within Typc 4 or 5 water may require a HPA. Completion of Questions#17 and#18 will serve as your request for a HPA from the Washington Department of fish and Wildlife("FW). If you have any questions concerning the HPA, call ,X9)FW or visit their website at: PwWw_Wta.My wd__ka,�itat, To expedite overall processing time for the HPA, applicant can complete drawings as specified in the FPA/N instructions listed for Questions 017 and#18. 17) Will there be any activity within or over Type 1,2 or 3 water? [ J Yes. If Yes,see instructions and provide details m Queston#23. [ } No. 18) Will there be any activity within or over Type 4 or 5 water? 1 Yes. If Yes,see instructions and provide details it:Question#23. ( ]No. 19)Will cutting and/or removing tiniber(including road right-of--way)be done as part of this proposal" kJ Yes. If Yes,rorrRl_ete TimbVE Sectiop. [ }No. General Questions-2 of 3 Form QQ46;10.31.03) 20)Will roads be constructed,abandoned,have maintenance perfon ned or will a rock pit be developed or expanded as part of this proposal" }Yes If Yes,€4MRIelt RoadLaSSILO. j�No. 21)Is the landowner requesting a multi-year pertnit(longer than 2}rears)? Yes. if Yes,see instructions. Attach detailed schedule or delineate in Question#23 below. What is the length requested? _years(specify 3,4,or S years). ¢Q No. 22)Is the landowner subs utt9ng an alternate plan' [ J Yes. It Yes,Include cot}v at 9112. No. 23)Provide any details that will give a better tiaderstanding of your projtct Attach additional paper if needed. �t/.L rtecsre�_..Ion.��.�..�' ��I ._..£_12�..:.Ctfts_172✓__T�!��sr��►l,�_.P�R1C2:' F��.�!—ELB�:�' __rgA._t' '�E_S�,d�! .f1�42'Ir!S_..L Ueneral'Questions- 3 of 3 i.,...:fY1"r 10-31-03) Forest Practices Application/Notification Addendum 1) if any of the following apply,this FPA/N is subject to Enhanced Aquatic Resource Requirement(EARR)and may be eligible for a forest excise tax credit(Department of Revenue calls it the Salmon Credit). Please check athat apply. A. in this FPA/N,the operator is limited by Forest Practices rule in gay of these areas. 1 ( ] Riparian area($);or Wetland(s); or ( } Steep or unstable slape(s) B. In this FPA/N,the landowner is following the prescriptions in a federally approved Habitat Conservation Plan(HCP)that limits timber harvest due to: [ ] Riparian area(s);or ( ]Wetland(s);or { ] Steep or unstable slope(s) NOTE: The HCP does not need to be more restrictive than the FP rules-it just needs to limit harvest. C. In this FPA/N,the landowner has a DNR approved Watershed Analysis where the prescriptions limit harvest in: [ }Riparian area(s);or [ ]Wetland(s);or [ j Steep or unstable slope(s) NOTE: The prescription does not need to be more restrictive than the FP rules -it just needs to limit harvest. D. Is any part of the haul route for this FPA./N in a Road Maintenance and Abandonment Plan(R.MAP) approved by DNR? No 2)Does the landowner currently have an approved Road Maintenance and.Abandonment Plan(RMAP)and intends to continue to follow its schedule? { j 'Yes. RMAP Number �} No. Go to Question 3 .3)Are there any existing forest roads on forest land owned by the landowner? ,` Yes- Complete Road Maintenance and Abandonment Plan Section VJ No A Road Maintenance and Abandonment Plan k_Wt required Addendum. 1 of l Form QQ16(10.31-03) Forest Practices Application/Notification Timber Harvest Section WAC 222-30-020 1) Complete the chart below. Type Of _-�--~ Trees Per Acre— - T � Method Of Yarding Steepest Remaining After Estimated Unit Harvest (high lead,skyline,shovel, Acres Slope% Harvest Volume To Be (even-aged, rubber tired skidder,tracked Per (within -- -- unevenaged. :kidder.anirrt.'„helicopter. Unit Harvest Equal or t,pa Harvested salvage.right- GreaterT Then 10" (board feet) of way) feQetllerbuncJh+e-r. cable) Unit) Than 10" (dbh) G t . -- f 2) Indicate how required Wildlife Reserve Trees(WRTs)and Green Recruitment Trees(GRTs)will be left. Check all that apply: See WAC 222-30420(l1) Wildlife Reserve'Trees(WRTs) Green Recruitment Trees(GRTs) Clumped Clumped [ ) Other f ) Other NOTE: At least two down logs per acre shall be left. At a minimum,down logs shall be 12 inches,n diameter at the small end and 20 feet long the equivalent volume. 3) Will the landowner be harvesting timber on any potentially unstable landforms? [ ) Yes. See instructions or if landowner is applying prescriptions for an approved'Watershed Analysts,attach prescriptions. ]No. 4) What reforestation method will you ?Add additional details on separate paper and attach to application if needed. X Planting. List species:._ _ y_ ( J Natural. Submit a reforestation plan. See instructions. ( ) Reforestation is not required under WACs 222-34-010(1)(b),222-34-020(i)(b)or 222-34-050. 5) Describe how harvest boundaries are marked on the ground,AND show and label the following items on the Activiry map(s). Include location of each harvest unit,landing location(s), WRTs and GRTs(if clumping option is chosen) and for every even-aged unit provide the ages for all adjacent forest stands owned by the landowner(WAC 222-30-025). Add additional details on separate paper and attach to application if needed. Timber Harvest- I of 1 Ftmtt QQ46(10.31-03) When Recorded Return to: E 1 V E JUN 4 21034 NOTICE OF MORATORIUM ON NON-FORESTRY USE OF LAND GRAN'TOR(S): r]hj1ix ;Nara of forest Land owner(s)) GRANTEE: (Name of County or City in which Land Subject to the Forest Prectkxs AppllcatiorvWo Mcation is Located) LEGAL DESCRIPTION OF THE FOREST PRACTICES OPERATION:(tnclude tot, block,plat, section, quarter/quarter section, township and range) _' .X A vor Zo, , sw,l. �YI't:3 or Sc s.v .erl;T'+4 �' TR / r!t ii-;✓!"leT 2__ WAr AVR 1[ 12 �TR,�e.�►s F .�jY l�X C r. /i✓ TR A oi* sf'nL=1 Xa 7 o s s� sir' ZX B e- sr 433 ASSESSOR'S PROPERTY TAX PARCEL OR ACCOUNT NUMBER(S): T 31 M 4 ee,230', 31211 v-RACtL� i al ve it 34 2"" .�li��1F &a;f® FPA/N Number(to be carnpleted by DNR):! Approval Date (to be completed by DNR): (1) Itwe certify that I/we am the forest land owner, as that term is defined in RCW 76.09.020 and WAC 222-16-010, and that I/we am familiar with the •requirements of the Forest Practices Act, RCW 76.09 and Forest Practices rules, WAC Title 222.. I/we am specifically familiar with RCW 76.09.060(3) and it's effects. (2) By this statement I/we declare that the land subject to this Forest Practices application/notification will not be converted to an active use incompatible with timber growing within six years after the approval f date of the Forest Practices permitted in the Forest Practices _ application/notification, ` �3) Ilwe understand that applications/notifications are subject to the reforestation requirements as oescribed in RCW 76.09 and WAC Title 222, the i Forest Practices rules. Iiwe also understand that the reforestation requirements shall not apply only if the {and is, it fact, converted unless applicable alternatives l 1 or limitations are provided in Forest Practices rules issued under RCW ',76.09.070. I/we further understand that it is they}b1i separately from ation of the fore the landt ;and to wner or the owner of perpetual rights to cut timber owned p ;ensure that such reforestation theaolh gatiion of the newes place e undowner if the land erstand that to eperpetualn to reforest snall become I itimber rights are sold or otherwise transferred. (4j 11we understand that if I/we have declared that the land subject to ithis forest practices aF�plicatieninolification will not ba converted to an active use incompatible with timber growing, that the land shall be subject to a six-year !moratorium which will preclude current andlo- successor forest land owners from l obtaining develc patent permits while the moratorium is in place. The moratorium shall begin on the approval date of the forest practices application/notiftcatlio I/we understand that this means that the county, ty, town for and/or ogrional ,governmental en shall deny any Pp �approvais, including but not Limited to building permits and subdivision approvals, relating to nonforestry uses of the land subject to the ;application/notification. The local governmental entity may lift the six-year i moratorium if it so chooses through a process, which shall include public notification, and procedures for appeals and public hearings. f (6) Vwe 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) Iiwe understand that information regarding the forest practices Was application/notification referred to in this Notice maybe found at the Regioh ington i State Department of Natural Resources, _L0_U_4L_L Washington. i i Office,..- �rtify f t tate fWashington shin oen that the foregoing is rue and corrrect e !laws of the state of Wa 9 3 dal of .�:J,�1 .--- — l Signed this .-___--_-.- y Iyaa ttrwnrn) r) I (dat _ 11 at r__�--— _ ___ _ �:, v) - l (G�' ��' _ _ CJu o ��1 �� ri �► }fir_�-- { gst i_and Owner i Stc�rsature) J Forest Land owner(Print Name) Forest-.and Owner(>ignatur�i — �— Forest Land ;?weer(Print Name) _I / FPA,N No: 2409923 WASHING ON STATE 0&PAAr7r @M OF NatYri, Rosoulmo s Efftetive Date: 06l12104 Exoration Date: 08/12106 Forest Practices Application/Notiilcation Sbut Demn Zone:854 Notice of Decision EA" Fas Credit! U Visible ®Non•ell:ible DECISION: ® NOTIFICATION operst ons shall r.vi begin before the effective date. [] APPROVED T%is Appliostion is approved and is subject w the conditions listed below. ❑ DISAPPROVED Ibis Application is disapproved for there nss lined below ❑ CLOSED-OUT ❑Cancelled by DNR (^Withdrawn by applicant CONDITIONS I REASONS; - --- - _ -T'- _ rIssued By: _ �� _ T111e: RESOURCE PROTECTION FORESTER kations SOUTH PUGET SC Date: Obi 11;04 - Copift to. 0 Latniowner David Roundtree ® f:rnher Owner Devrd Roundtree ® Operato, David Roundtrere FORM UNit 7CX•?CA(lit 25-02) 1 of 2 Ttt:i POl 1 uN't?�it� t�Pr..oti'il7F.0 I+Git YUi t2 ivFORMATION F ct!co ApplicationlnotificsUlons are posited to this Internet by the Forts it P-rsatk*Application etsrn (FPARs) Appilcsnts,reviewers atntarsatesi part"*Cafe rtlrriwr oxilsttng piroposals if Completed a reviewerprof,,*andthe Chit has issued a login and password. You msy get a m frown the F�PARS web site at: alsogatacopyof your application f notification froth you local oNx region off oo. labia from tM FPARS weft"*sr!the FPA:N form anti instructions, FPAlN maps, Renewal her required forms and helpful inlormatiort. Appeal intor-"adon RCVV 76.09 22:) r8)proMdet any arprieved person ti,e right to eppss0 °n* approval 10 or p"i01111AWFO"91 issues of a fo'un pract cas oppiicstion. RCW 43 21 L a75 p1 ov1Oos ar.y agarteved person iris ape to repeat issues wising fore the Ste'* Env�ronrnenLw V,ot,C/ Mpeais mjst us filed within 30 days of the spprava!or disapproval of me forest per, %ronappmahat Appeals mast be fired with trio FOREST PRACTICES APPEALS BOAR? PO- S 4f)13C3, 4224-$th Ave 5E Wag N2, Lacey, WA 98504-090 ApD*als mast tie flAd it writing on the form rsqu+vd +r Title 223-08 Cory.a e rsrtiy will' Fit;-g of the Forest PreOiC04 Appswls board,coPies of it•appeals rri ton St ust lSE so be f IS CO+ with the OFFICE OF THE SUPERVISOR, DE t PT OF NATURAL RESOURCES, 6 Nat,,ra resources 6k g PO BOX 47012, Olympia. WA MSO4-7001 ar,d w.th the ATTORNEY GENCftAL. PO BOX 40'CO, (DLYMP'A WA 98504-0'00. Other Applicsbie Laws: uperating as descr+9sd In th!s appilcahr)rn rtAttf,tsS%on does not omsu►e compliance w+th the Endangered Species Act,or other federal, state, Of local ,ewe Change of operator, Landowner or Timber Owner: If the lendowner chbngsii the operator. the wntiowrie+ sham notify the DNR in writing within 48 hours of this Ctut,%ge ApproViste forms are avetlabis et rr a DNR ,egion o'firA end at the stsj re FpARS webait r. USA d+ls form) to also notify DNR cif a cnange it landowner aor.Vor (Irn)i r,>wner Notice of Baia or Transfer of Land or Timber sellers and Buyers of fend one perpetual timber rights hove ;*ra,n r,Sins and raaponsbilales when the land or perpetual timber rWhts are solo or tranafer-40 Wi'ere the lava is su!)Jost tO ^.Art*r c3winuing rorestisnd obhUations ,nciuding wstno,t -irritation reforestation, Rood Maintenencs and Alandoimeni Mars and Harvest Strategies along Type 4 Waters ri f astern Uvas'lrtgtUn, prior to the sale or tranis it of the land or perPOU&l tIMW rights the law requ,res that the foilotwing occur: 1)trd seller snail notify the Vuyer Ot tPo ex c?er,ce arid rature of the ot).igatio•)s and 2)the tuyef snail spit a Notice of Corr"ri jing Forestimn.d Obiigarlon Form indicating the buyer's knoNl*dgs of such obilgaton. At the time of sale or 'rar sfer of me Wit, of perpc tine) funnier rights the seller snail sena tre signed Foirr, to the Oepsrtment of-iow-al Resoureas ,DNR.). The F-, r n,ay bt obtained frorr your DNR FeQ,on ofIK'O, If the seller falls to notify the buyer stbow tiro :[;n+,r.i,ir g tweet tar•u ubigo'run reiarertctlwj soeve, the s*;ier si>7i 1 pay the bt yer!1 .;Oats reieto d ;c such to{est land obligat;o-, tin(;lud'ng a!i ls,yat costs)incut red by trio bt yen ,n enf,rc,ng tr,,e contirw4n-W foretitiarsd ob!,ge'lori against the seller. Fe lure dy the ao lI ew :0 send the required not.Te to the DNR at the time of sale she i O* crime faCiA evidonos, in s?s action by the buyer against the seller for costs related tc cori.;nu(ny forest IsM tb*gst+on, that the Seller A(not notify tMe NA( Of t.,)e continUng forest lar!0 othfldtion prtcrr to salt* Sao RCW 78 t q w(), RCW 78 09.390 and WA,;222-20-066 Th©re are also tJther types of continuing fores"'Id Obligations subject to certain rogitire+-+ents including without r,mitst+or Srnati Forest Laroownar Forest Rlowan Easernerla and Landovrr.w erdscape Piano. For more infor motion co•,iact the oNp Repinra+ Cwloe. -••)AM DNa .KX•XXtiG•7!g21 1 ,1f MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1411 N.5th P.O.Box 279 Shelton,WA 98584 S,5 Ujl. ��� oy ,c" u June 9, 2004 David and Delores Roundtree 271 Roundtree Way Shelton, WA 98584 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER:ENF2004-00196 PARCELNUMBER: 31902-34-00031/31902-34-00030 SITE ADDRESS:320 SE Roundtree Way/271 SE Roundtree Way TAX ASSESSOR RECORD INFORMATION: David and Delores Roundtree 271 Roundtree Way Shelton, WA 98584 David and Delores Roundtree: I understand that you recently met with Laurie Cox of Washington State Department of Natural Resources (DNR). I understand that you are working with Laurie to resolve the Forest Practice issues that Laurie identified while on site in early June 2004. Laurie and I work cooperatively to determine what issues fall under the jurisdiction of DNR and what issues are under the jurisdiction of Mason County. On June 8, 2004, I met with Laurie to discuss this matter. Based on our meeting, I understand that Laurie will address the majority of areas impacted by the recent timber harvest. The areas that Laurie will not address include impacted areas within a tree length and one half of any residence, and impacted areas within the"regulated buffer" area associated with the shoreline. I will work with you regarding those areas. Please review the following information and contact me at(360) 427-9670 ext. 593 if you have questions or concerns. Laurie informed me that vegetation removal occurred within the regulated buffer area associated with the shoreline. Vegetation removal of this type, absent prior permit approval, constitutes a violation of Mason County Resource Ordinance section 17.01.110 —copy enclosed. To address this issue, you will need to refer to Mason County Resource Ordinance section 17.01.210 (enclosed and highlighted). Item numbers 1, 2, and 3 listed under section 17.01.210 will need to be completed and submitted by June 28, 2004. The Restoration Plan will need to be prepared by a professional who meets the definition of a"Fish and Wildlife Professional,"as defined in the enclosed attachment (highlighted). You can use the Wetland Consultant List as a starting point when locating a qualified professional. The bond amount will need to be based on a reasonable, formal estimate for the costs associated with the Restoration Plan. In addition to the Restoration Plan and Restoration Bond, you will need to submit a$360 Restoration Plan Review and Tracking Fee—to cover County costs incurred in addressing and resolving this matter. If you have questions regarding the compliance requirements,please contact me at (360)427-9670 ext. 593. I anticipate receiving the Restoration Plan,Restoration Bond and$360 fee payment by July 9, 2004. Upon receipt of the bond form and fee, I will close the enforcement case and create a tracking case file. Once per year, for a period of three years from completion of restoration activities, a qualified professional shall submit an annual report to the County(see Mason County Resource Ordinance section 17.01.210(2)—copy enclosed). The bond will be released following the three-year monitoring period, if the requirements of section 17.01.210(3) are satisfied. Thank you for anticipated cooperation. Sincerely, Kristin French Planner, Code Enforcement f RECEIVED J U N 2 1 2004 Law offices or Richard M. Barney, Jr. MCCD - PLANNING Richard M. Barney,Jr. 3015 99`i' St. N-W. Gig Harbor, WA 98332 June 16, 2004 Telephone: (253) 857-3997 Fax: (253) 857-38,64 Ms, Kristin French Planner, Code Enforcement Mason County Dept of Community Development P.O. Box 279 Shelton, WA 98584 Re: Enforcement Case File Numbers ENF 2004-00196 Parcel Number: 31902-34-0031/31902-34-0030 Site Address: 320 SE Roundtree_Way/271.SE Roundtree Way Dear Ms. French: The undersigned represents.David and Dolores Roundtreein the-above_referenced matter. Mr. and Mrs. Roundtree obtained permit No._FPA 2409923 (copy of which-is, enclosed) on the above referenced property. The parcels above referenced do not abut the shoreline and are therefore not impacted by your claimed violation.. Mr. and Mrs. Roundtree did cut several trees which were within 1'/2 tree lengths of the house located at 320 SE RoundtreeWay. The,tree tops and branches have been removed and native underbrush will grow back up around the tree stumps. While we do not believe a bond is required.for the,above referenced parcel numbers, the Roundtrees' are willing to post such a bond and pay necessary fees upon further investigation,if the necessity therefore is determined_ If we may be of further assistance to you or if you have any questions, please feel free to contact me. Since! CHARD M. BARNEY, Attorney at Law Cc:Mr. &Mrs. David Roundtree Han Tim Sheldon ti• �� . � .;: .. .. ... �:.� ..w -. ._ ..... _ .. _ _.. _ ,_,� .,._, ._.___s.:_r....r.� _ 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 ' ; �5 — �� C��or0 2004 � - ��--.= l�-cl c:�li S S SUS- z `I , ZOO �{ <<,t- ��3�v David and Delores Roundtree 271 Roundtree Way Shelton, WA 98584 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER: ENF2004-00196 PARCELNUMBER: J ('1 11 -Z 1 - 00 O ( C SITE ADDRESS:320 SE Roundtree Way/271 SE Roundtree Way TAX ASSESSOR RECORD INFORMATION: David and Delores Roundtree 271 Roundtree Way Shelton, WA 98584 David and Delores Roundtree: I understand that you recently met with Laurie Cox of Washington State Department of Natural Resources (DNR). I understand that you are working with Laurie to resolve the Forest Practice issues that Laurie identified while on site in early June 2004. Laurie and I work cooperatively to determine what issues fall under the jurisdiction of DNR and what issues are under the jurisdiction of Mason County. On June 8, 2004, I met with Laurie to discuss this matter. Based on our meeting, I understand that Laurie will address the majority of areas impacted by the recent timber harvest. The areas that Laurie will not address include impacted areas within a tree length and one half of any residence, and impacted areas within the "regulated buffer" area associated with the shoreline. I will work with you regarding those areas. Please review the following information and contact me at (360)427-9670 ext. 593 if you have questions or concerns. Laurie informed me that vegetation removal occurred within the regulated buffer area associated with the shoreline. Vegetation removal of this type, absent prior permit approval, constitutes a violation of Mason County Resource Ordinance section 17.01.110 —copy enclosed. To address this issue, you will need to refer to Mason County Resource Ordinance section 17.01.210 (enclosed and highlighted). Item numbers 1, 2, and 3 listed under section 17.01.210 will need to be completed and submitted by June 28, 2004. The Restoration Plan will need to be prepared by a professional who meets the definition of a"Fish and Wildlife Professional," as defined in the enclosed attachment (highlighted). You can use the Wetland Consultant List as a starting point when locating a qualified professional. The bond amount will need to be based on a reasonable, formal estimate for the costs associated with the Restoration Plan. In addition to the Restoration Plan and Restoration Bond, you will need to submit a$360 Restoration Plan Review and Tracking Fee—to cover County costs incurred in addressing and resolving this matter. If you have questions regarding the compliance requirements, please contact me at(360)427-9670 ext. 593. I anticipate receiving the J 0 Restoration Plan, Restoration Bond and $360 fee payment b� t 11j,*!eW4. Upon receipts y of the bond form and fee, I will close the enforcement case and create a tracking case file. Once per year, for a period of three years from completion of restoration activities, a qualified professional shall submit an annual report to the County(see Mason County Resource Ordinance section 17.01.210(2)—copy enclosed). The bond will be released following the three-year monitoring period, if the requirements of section 17.01.210(3) are satisfied. Thank you for anticipated cooperation. Sincerely, Kristin French Planner, Code Enforcement , RECEIVED EL 9 2004 Law Offices of Richard M. Barney, Jr. MCCD - Richard M.Barney,Jr. 3015 89`h St. N.W. Gig Harbor, WA 98332 July 7, 2004 Telephone: (253) 857-3997 Fax: (253) 857-3864 Ms, Kristin French Planner, Code Enforcement Mason County Dept of Community Development P.O. Box 279 Shelton, WA 98584 Re: Enforcement Case File Number: ENF 2004-00196 Parcel Number: 31911-21-00010 Site Address: 320 SE Roundtree Way/271 SE Roundtree Way Dear Ms. French: Thank you for your recent telephone call to me and your follow on letter with the handwritten notations apparent correcting the Parcel Number. As I advised you in my letter of June 16, 2004, Mr. and Mrs. Roundtree did cut several trees which were within 1'/z tree lengths of the house located at 320 SE Roundtree Way. I suggest that this is a permitted activity. The tree tops and branches which were present when Ms. Cox visited the property have been removed and native underbrush is growing up around the tree stumps. We take extreme issue with the fact that you have assumed the shoreline and protected zone was in any way damaged. The Roundtrees have been involved in the shellfish industry for more than 100 years and are exceptionally aware of the need for a healthy bay. No "damage"has occurred. In reading your letter closely, it seems you are addressing"vegetation removal". I know not what you are referring to. The trees were removed with the least disturbance to the surrounding area. The stumps are visible; tree rot is visible and there has been no destruction or damage to the native underbrush. We have a photographic record of the above if you wish to examine it or you may wish to visit the subject property in person. I have legal commitments in the state of California next week and I have no problem whatsoever with a meeting occurring between you and the Roundtrees in my absence. After all, I assume we both wish a prompt, fair and reasonable resolve to what appears to be a non issue. Sincerely, Mailed Without Signature to Avoid Delay RICHARD M. BARNEY,JR. Attorney at Law Cc:Mr. &Mrs. David Roundtree Hon Tim Sheldon Kristin French - possible violation Page 1 From: Kristin French I To: JERRY H JOHNSON Subject: possible violation Jerry, fDN12 — ,�S — U � . ELF called this one into your cel voice mail, but I'm following up with an e-mail: I believe that FPA requirements apply to the following parcels: 31902-34-90090 and 31902-34-90070, based on observations that I made during a site inspection this week. No County-level critical area violations were documented, but a substantial amount of timber has been recently cut on the parcel/s -no residence is evident w/i tree length and Y2(at least not that I found). You can access the parcel by heading out Lynch Road to 3410 SE Lynch Rd. Take the next right on Roundtree Way,where Roundtree"Y"s, stay to the right on Hayes Way(not marked that I could see). The first access road on the left is the parcel in question and the work is visible from the access road. Please let me know what you find -oh, and don't have too much fun on this big three-day weekend! Kristin CC: Genie McFarland Kristin French - Re: possible violation Page 1 From: "JERRY H JOHNSON" <jerry.johnson@wadnr.gov> To: <Frenchk@co.mason.wa.us> Date: 6/1/04 12:32PM Subject: Re: possible violation I think we (both county and DNR) have violations on this one. The harvest goes to within 50 feet of the salt water and around at least one (unoccupied) house. There appears to be about 10 acres of harvest activity, on which primarily the cedar was removed. Some fir is still felled and bucked and a skidder is still on site. Do you have the landowner names and addresses for the affected land owners. >>> "Kristin French" <French@co.mason.wa.us> 05/28/04 11:07AM >>> Jerry, I called this one into your cel voice mail, but I'm following up with an e-mail: I believe that FPA requirements apply to the following parcels: 31902-34-90090 and 31902-34-90070, based on observations that I made during a site inspection this week. No County-level critical area violations were documented, but a substantial amount of timber has been recently cut on the parcel/s - no residence is evident w/i tree length and 112 (at least not that I found). You can access the parcel by heading out Lynch Road to 3410 SE Lynch Rd. Take the next right on Roundtree Way, where Roundtree "Y"s, stay to the right on Hayes Way(not marked that I could see). The first access road on the left is the parcel in question and the work is visible from the access road. Please let me know what you find -oh, and don't have too much fun on this big three-day weekend! Kristin SECTION TOWNSHIPIg RAND i � , SCALE I 400 1-=2290040 ' 2.:2200020 � Sp IS41 a -e 3 2 2 _ 290080 s 25i 290090 £ SP947 150 7 2200000 Tr.2 Tr' / 1290050 l 0 Tr. 9 22000ao 5.6//7 I 343., a rr. �o eX 2. S 22/62 1. T r. 7 Tr. 9 8 + s a Tr.3 re.0 ° E96 S 27/69 N a D 22o005O Tr. 8 _ 345-A Tr. 6 Ti 5 290080 oa 2200060 21T0000 roe zoo O. F. 105 rem d . 2070 56 ros p P270090 ~'' �ry 0 rox 1144 0 ti 0OOZZ $0 7r see 5.2 Et °` 143� ODTr. 23 rk/4 rr15 2rt, � rt Tr.16 eoz A Bp2•e ' S 2/117 — 319112100000\ 0091010 Tr. is Ti 17 Tox 20/ 3 e x 1n 13000Eyr-p io � rr li 4s 36r ro 1300050 319112590000 Q° Tr. /2 / � G. L. 4 s r.. a �9 20ooZ i Tie 2a�oio Sp 357 w �� r \ � rr Tr.l/ Z 0071440 c tAC rr.I S � \ o 7R A O J N 37. l GC. ex' Tr. /0 cD � � .r— Q p Tr 9 Tr.25 1 m Tr. 20 1 / Tr. rr 16•A rr./3•A 8 Tr.2/ a t t 0 , Tr. 4 2400040 ,o UUUK) 00 00 00 ITv as 9022300000 2400030 42 00020 S 20/19 rr. 3 Tr. 2 2400031 3190213000 S 13/172 3290021 SP 23 73 31 90031 5 7/56 31902420000 2349 32 90061 SP 2381 31 90010 0 SP 850 BLA 95-15 O O 90024 T� 2 Tr. 5 a 31 90012 Mon 92`63 90010 3290080 c SP 2496 SP 2449 SP 2246 r o� D7 329005 Tr l �� Tr ti a J 3190032 U) m m 3100020 31 90013 0 O m S 17/44 3290 000 s 16124 m (D 4200030 090 sp 0 Tr. 3 ace / a O 3260030 Tr. 40 LA 2� m r) e 3> D 7700020 3190 O _ SP eta p LYNCH ROAD 080 am CD 636 92-54 3490050 a'O 10- }. q 3400010 4300020 w 3400020 i \ 3 26/43 43 00030 cli oo CIATr. / ti 9 Tr. 2 per\ m(DD i 349006 349 TO o ,� MIq O i n- ---- - HAY[i WAY 9yQ`Z rn SP 633 �p� ` 3400000 ? 4300000 to --- - -- 0 3490090 m ♦ ti a SP- 1 67 , % m q p _ 7790 j 7790040 ►� S 25/58 \\ `� 4390010 071 7r.4 400040 c 439001 I S- 10, SP1676 Qe 1 =�b0 ' 5 4390012 SP- 12 �� 779004 1 Tr. 3-A Q Tr. 3 M' g f S �, 0 0iS0` 3400 wa - - - o 4390030 03U Ora1Ye� 3400030 �°� 7790 \' i h 4390040 SP 1341 053 S 22/62 S 200 4390050 3 Tit 6-(.L ,, 3370140 „-it-3,, TAX 845a REVISED 713191 �� 3370141 4/2/954 a9 EACH 1/2 INT 3/9/98 5'V S•v k I� 0� 0n ; ; Mode : INQUIRY REAL PROPERTY Auto Roll : OFF Parr-d1 4 31911 21 00010 Rng 3 Twp 19 Sec 11 Tax Yr 2005 Taxpayer # ROUN 5000 DAVID B & DOLORES L ROUNDTREE T/P Chg Dt 10/11/2002 Title Owner # ROUN 5000 DAVID B & DOLORES L ROUNDTREE T/P Chg By BURCHD Contract Owner # Loan # Plat/Condo Type Code Blk Lot Unit Dock Description TR 1 OF GOVT LOT 2 Assoc M/H SEE SURV 22/62 Chg Dt 6/09/2004 Chg By PJL Chg Rs RV FS 14238 : Tax Code 0148 1 309 P3 E4 L H Land Use 8300 AG (CU) Zoning Code Tax Stat TX TAXABLE Reval 4 Chg Rs F/P? Y Ac Land: Improved Unimproved Timberland Total Land Improvement Total AV Acres 358 3 .58 Taxable CU 66, 115 66, 115 66, 115 Market OS 66, 115 154, 500 220, 615 220, 615 New/C O/AV Mob Home AV Sub Cd Into Sr Cit Cd Reg Exmpt O/R Regular Taxable 66, 115 Lien Date AF # 647116 As-Tx Yr 1997 1998 App # 9 Agr # 545 WINDOW Command Keys : 5, 6, 7, 9, 12 INQUIRY BY NAME Name -Cd ROUN5000 DAVID B & DOLORES L ROUNDTREE 271 ROUNDTREE WAY ' n SHELTON, WA 98584 -T pit¢-�'!J4 1 RP 31910 22 70200*' TAX 820 & 833 800 T 9150 2 � ✓ TR 1 OF GOVT LOT 2 66, 115 T SEE SURV 22/62 8300 3 RP 31911 21 70100 ✓� TAX 710 160 T 9150 OF 4 RP 31911 22 80021 ,�) W1/2 TAX 802 EX 500 T S SEE SURVEY 2/117 9150 Inquiry Type VL Select Line # 00 -or- Search for Parcel . . . . . . . . . . . . . . . . . . . END OF DATA CMD 7 for EOJ HELP key Allowed INQUIRY BY NAME Name `Cd4ROUN5000 DAVID B & DOLORES L ROUNDTREE 271 ROUNDTREE WAY SHELTON, WA 98584 1 RP 31902 34 00�0 TR 3 OF SE SW EX 3-A �j �►" 208, 310 T 1 1983 O 2 RP 31902 34 00031✓ TR 3-A OF SE SW ,w s� 60, 360 T 1112 3 RP 31902 34 00032 —QTR 3-A OF SE SW 34, 000 0 9999 DL 4 RP 31902 34 00040 TR 4 OF SE SW 800 T ,4,k 9110 g)5 RP 31902 34 90050_%/ TR 5 OF SE SW EX CO R/W 8, 500 T TR A OF SP #633 AF#369183 9110 '(E)6 RP 31902 34 90070 TR 7 OF SE SW 15, 000 T TR B OF SP #633 AF#369183 9110 7 RP 31902 34 90090 �/ TR 9 OF SE SW 21, 000 T TR D OF SP #633 9110 8 RP 31910 21 80330 TAX 833 A&c,.,`,jS 100 T - - 9999 DL Inquiry Type VL Select 'Line # 00 -or- Search for Parcel , , , , , , CMD 7 for EOJ HELP key Allowed 3, b Z _ '� - b O D LAJ bur c>� Ji.40CIC s 3ssooe: �tloati `j 31OW4104o00 *0 sr sass 3MOt420o000 s W" • SP t34! !t ISo $+1► "1S s 'L' i MW $I E wl Cw• T, s t, d = N •t 11/M' E 4 321OU4- 31 1po�Z fib a soolo sts0oso t 1� sr t,1kN ,, rsys 0 s NE . 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REFE) 3 1 USE OM Ietv�rto r�il� I LEI •� Ravi*" titr/ s I-It!6 7/15/2004 Case Activity Listing 12:15:27PM Case#: ENF2004-00196 P10 Assigned Done Activity Description Date 1 Date 2 Date 3 hold Disp To By Updated Updated By ENFA400 Compliance Due Date 6/29/2004 7/29/2004 None DONE KLF KLF 7/15/2004 KLF 729/04-submit Restoration Plan,Bond and$360 fee to address cutting within the regulated buffer area associated with the shoreline. Requirements detailed in letter first mailed 6/9/04 and re-mailed 629/04(first class and certified to the owners and attorney)following contact from attorney. Following that contact,the parcel number was corrected to 31911-21-00010.klf. "County-level submittals not required, per KLF's inspection 7/12/04. Shoreline buffer not impacted by cutting(see photographs)and DNR ATF application was required to address unpermitted cutting activity in non-critical areas. ENFA010 Complaint Received 4/29/2004 None KLW 5/5/2004 KLW COMPLAINT RECEIVED AND FORWARDED TO KLF 4/29/04 ENFB002 Site Invest 6/1/2004 6/1/2004 6/1/2004 None DONE KLF KLF 6/29/2004 KLF DNR conducted thorough inspection following my initial evaluation and determined that joint violations have occurred.klf. ENFC050 Complaint Closed 7/15/2004 None DONE KLF KLF 7/15/2004 KLF 7/15/04-Mason County ENF case closed. Matter is being addressed by DNR to address unpermitted cut. Per KLF's inspection 7/12/04-no critical areas under County jurisdiction were impacted by the cutting. Met on-site with owners and educated them regarding shoreline regulations. Case closed.klf. Page I of 1 CaseActivity..rpt