HomeMy WebLinkAboutWetland Delineation, Impact Evaluation, and Restoration Plan - PLN General - 11/4/2003 PLEASE NOTE:
THIS ENFORCEMENT CASE WAS CLOSED, AND A
RESTORATION FILE WAS CREATED. THE
RESTORATION FILE AND RESTORATION
PLAN/BMW ARE FILED IN THE PLANNING
DEPARTMENT CODE ENFORCEMENT PLANNER'S
OFFICE. RESTORATION EFFORTS ARE TO BE
MONITORED FOR A PERIOD OF THREE YEARS
FROM 12 / 2- /03 - tz /z/o ( TH
C CLU ION OF E TH EESV
, THE
RES71EVED.
TION BON LL F
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Case Activity Listing
Case#: ENF2003-00404
P10
Assigned Done
Activity Description Date I Date 2' Date 3 Hold Disp To By Updated Updated By
ENFA010 Complaint Received 10/1/2003 None KL k' 10/23/2003 KL`1'
COMPLAINT RECEIVED AND FORWARDED TO KLF 10/1/03
ENFB002 Site Invest 10/1/2003 10/1/2003 10/1/2003 None DONE KLF KLF 11/6/2003 KLF
10/1/03-site inspection/photos. Met with owner. Observed significant removal of wetland vegetation in regulated wetland(heavy equipment being used in an attempt to create"waterfront"from vegetated
wetland). Posted Stop Work and advised owner that I would mail detailed information regarding issues/requirements.klf.
ENFB003 STOP WORK POSTED 10/1/2003 None DONE KLF KLF 11/6/2003 KLF
provided directly to owner, Wayne Bennett.k1f.
ENFA911 Miscellaneous Action 10/9/2003 10/9/2003 None DONE KLF KLF 11/6/2003 KLF
10/9/03-mailed letter 1st cl/cert to owner detailing issues/compliance requirements.klf.
ENF13002 Site Invest 10/21/2003 10/21/2003 10/21/2003 None DONE KLF KLF 11/6/2003 KLF
10/21/03-met on-site with Mark Heckert,of H&S Consulting. Formalized Restoration Plan requirements. He will submit Plan.klf.
ENFA400 Compliance Due Date 11/12/2003 11/12/2003 11/12/2003 None DONE KLF KLF 12/3/2003 KLF
11/12/03-submit Restoration Plan,Restoration Bond,and$350 Restoration Plan Review and Monitoring Fee.klf.
ENFC004 Complaint Resolved 12/3/2003 None DONE KLF KLF 12/3/2003 KLF
12/3/03-Restoration Plan and$350 fee received. Enforcement case closed and Restoration Monitoring file created. File records are stored in Planning Code Enforcement Office(KLF). Case closed.klf.
ENFD20 Restoration Plan Received 12/2/2003 12/2/2006 None PEND KLF KLF 12/3/2003 KLF
12/2/06-Review site status and close monitoring file if appropriate.klf.
Page 1 of 1 CaseActivity..rpt
2005
5/
Case Activity Listing 3/24:12 12PM
Case#: ENF2003-00404
i�
Assigned Done
Activity Description Date I Date 2 Date 3 Hold Disp To By Updated Updated By
ENFA010 Complaint Received 10/1/2003 None KLW 10 2'�,20W KLW
COMPLAINT RECEIVED AND FORWARDED TO KLF 10/1/03
ENFB002 Site Invest 10/1/2003 10/1/2003 10/1/2003 None DONE KLF KLF 11/6/2003 KLF
10/1/03-site inspection/photos. Met with owner. Observed significant removal of wetland vegetation in regulated wetland(heavy equipment being used in an attempt to create"waterfront"from vegetated
wetland). Posted Stop Work and advised owner that I would mail detailed information regarding issues/requirements.k1f.
ENF13003 STOP WORK POSTED 10/1/2003 None DONE KLF KLF 11/6/2003 KLF
provided directly to owner, Wayne Bennett.klf.
ENFA911 Miscellaneous Action 10/9/2003 10/9/2003 None DONE KLF KLF 11/6/2003 KLF
10/9/03-mailed letter 1st cl/cert to owner detailing issues/compliance requirements.klf
ENFB002 Site Invest 10/21/2003 10/21/2003 10/21/2003 None DONE KLF KLF 11/6/2003 KLF
10/21/03-met on-site with Mark Heckert,of H&S Consulting. Formalized Restoration Plan requirements. He will submit Plan.klf.
ENFA400 Compliance Due Date 11/12/2003 11/12/2003 11/12/2003 None DONE KLF KLF 12/3/2003 KLF
11/12/03-submit Restoration Plan,Restoration Bond,and$350 Restoration Plan Review and Monitoring Fee.klf.
ENFC004 Complaint Resolved 12/3/2003 None DONE KLF KLF 12/3/2003 KLF
12/3/03-Restoration Plan and$350 fee received. Enforcement case closed and Restoration Monitoring file created. File records are stored in Planning Code Enforcement Office(KLF). Case closed.klf.
ENFD20 Restoration Plan Received 12/2/2003 12/2/2006 None PEND KLF KLF 12/3/2003 KLF
12/2/06-Review site status and close monitoring file if appropriate.klf.
Page 1 of 1 CaseActiviry..rpt
MASON COUNTY Shelton (360) 427-9670
DEPARTMENT OF COMMUNIT
Y DEVELOPMENT Belfalr (360) 275-4467
Planning
Mason County Bldg.1 411 N.5th Elma (360) 482-5269
P.O.Box 279 Shelton,WA 98584
Anril 30,2004
CATHERINE FENIMORE a2 a.a.39 -aLl_ aZ I(�
1602 25T"ST PL SE
PUYALLUP WA 98372
***The information contained in this letter is standard Corm-letter text. The information may or
may not apply to your parcel. If you have questions regarding this letter,please contact Kristin
French at(360)427-9670 ext.593.***
RE: Restoration Plan Annual Update Required
To Whom It May Concern:
Mason County records indicate that the above noted parcel is subject to restoration requirements.
If a Restoration Plan and/or Restoration Bond were submitted to achieve compliance with Mason
County Regulations,please be aware that seasonal monitoring of the site by a qualified
professional is required for a period of three years after implementation of the Restoration Plan.
A copy of Mason County Resource Ordinance section 17.01.200(I)is enclosed for your review.
Section 17.01.200(n(2) and(3)provides specific information regarding the annual report that is
required to be submitted to Mason County for three consecutive years following implementation
of the Restoration Plan.
Annual reports can be submitted to the Mason County Planning Department,ATTN: Kristin
French,PO Box 279, Shelton,WA 98584. Reports can be submitted in person at Mason County
Building III(Corner of 5"`and Cedar Streets, downtown Shelton)from 8:30 am to 4:30 pm.
Please note that annual reports must be prepared by a qualified professional, as defined by the
Mason County Resource Ordinance.
If you have questions regarding this information,or if you feel that you have received this
notice in error,please contact me at(360)427-9670 ext. 593. Please note that any bond
amounts currently held by Mason County will be forfeited if the required annual reports
are not received as required by section 17.01.200(I)(2).
Sincerely,
Kristin French
Planner,Code Enforcement
Comparatively high fish and wildlife species diversity;
Important fish and wildlife breeding habitat;
Important fish and wildlife seasonal ranges;
Important fish and wildlife movement corridors;
Limited availability;
High vulnerability to habitat alteration;
Unique or dependent species.
Priority Habitat and Species Database: The database for the Washington State Department of
Fish and Wildlife's (WDFW)Priority Habitat and Species (PHS)Program which provides the
following three products:
Lists of the WDFW's most important habitats and species;
Management recommendations for each priority habitat and species;and
Maps showing the geographic location of priority habitats and species.
Public Building: Any structure owned by a governmental entity that is designed for human
occupancy pursuant to the Uniform Building Code.
Public Works Director: The.Director of the Mason.County,Department Public Works.
Qualified Fish and Wildlife Professional:A person-with experience and training_in,i and
Wildlife issues;who has experience analyzing fish andwildlife habitats and,their functions and
values, impacts to the habitats, and mitigation; and who derives his/her livelihood from
employment as a wildlife biologist, habitat management consultant, or fisheries biologist, as -
appropriate to the type of critical area under review.Qualifications include:
A Bachelor of Science•.or Bachelor of Arts or equivalent degree in biology, environmental
-studies,fisheries,wildlife or related field, and two years of related work experience;or
B.
Five years of related work experience.
Qualified Groundwater Professional: a hydrologist,geologist, engineer,or other scientist whom
meets all of the following criteria;
A. Has received a baccalaureate degree or post graduate degree in the natural sciences or
engineering; and
B. ..Has sufficient training and experience in groundwater hydrology and related fields as may
be demonstrated by state registration, professional certifications, or completion of
..accredited university programs that enable:that individual.to make sound professional
Judgements regarding groundwater vulnerability.
Qualified Wetland Professional: A person with experience and training in wetland issues,and
<{with,experience:in.performingdelineations,,analyzing:wetland functions and values;analyzing
wetland impacts,and recommending wetland:mitigation_and;restoration: Qrialifications include:
A. Bachelor of Science or Bachelor of Arts or equivalent-degree inbiology,�botany,
environmental studies,fisheries, soil sclence,-wildkfe~orrelated,field;Tand two years of.
related work experience, including a minimum of one year experience delineating wetlands
using any Federal Manual for Identifying and Delineating Jurisdictional Wetlands and
preparing wetland reports. The Washington State Wetland Identification and Delineation
Manual (Ecology#96-94)will become the standard delineation methodology for wetlands
.-beginnning In 1997. Experience with this manual will be required when it is adopted.
.Additional education may substitute for one year of related work experience; or
B. Four years of related work experience and training,with a minimum or two years
experience delineating wetlands using any Federal Manual for Identifying and Delineating
Jurisdictional Wetlands and preparing wetland reports; or
C. A person certified by the Society of Wetland Scientists as a Professional Wetlands
Scientist.
Reasonable Use: A legal concept that has been articulated by federal and State of Washington
courts in regulatory taking cases.
Mason Count Resource Ordinance ance 99 Revised aro1/03
v. LIEN
Mason County shall have a lien for any civil penalty imposed or for the cost of any work
of abatement done pursuant to this Section, or both, against the real property on which
the civil penalty was imposed or any of the work of abatement was performed and
against any other real property owned by any person in violation.
The lien shall be subordinate to all existing special assessment liens previously imposed
upon the same property and any recorded encumbrances except for state and county
taxes, with which it shall be on a parity.
The Board shall cause a claim for lien to be filed for record with the Auditor within
ninety calendar days from the date the civil penalty is due or within ninety calendar
days from the date of completion of the work or abatement performed by Mason
County pursuant to this Section. The claim of lien shall contain the following:
1. The authority for imposing a civil penalty or proceeding to abate the violation, or
both;
2. A brief description of the civil penalty imposed or the abatement work done, or
both, including the violations charged and the duration thereof, the time the
work is commenced and completed and the name of the persons or
organizations performing the work;
3. A legal description of the property to be charged with the lien;
4. The name of the known or reputed owner; and
5. The amount, including lawful and reasonable costs, for which the lien is
claimed.
The lien may be foreclosed by a civil action in Mason County Superior Court.
H. CRIMINAL PROCEDURES
After the Director has exhausted civil options or if criminal negligence is apparent the
Director may refer to the Prosecuting Attorney for a determination action under RCW
9.66.010.
I. RESTORATION
For property which contains designated wetlands, aquatic management areas, or
terrestrial habitat management areas or their vegetation areas which has been
disturbed, or landslide, seismic or erosion hazard areas on which a structure has been
built or located in violation of this Chapter, no permit or approval or development of the
property shall be authorized or granted for a period of up to three (3) years from
completion of restoration as determined by the Director. In the event of intentional or
knowing violation of this Chapter, the County may bring an action against the owner of
the land or the operator who committed the violation. This restoration section is also
applicable to Mitigation for Wetland Impacts (Section 17.01.070 F) as modified below.
1. Restoration Plan.
a. Where any designated wetlands, aquatic management areas, or
terrestrial management areas or their vegetation area which has been
disturbed, or subject to a permitted fill requiring mitigation, or landslide,
Mason County Resource Ordinance 93 Revised 3/05/02
seismic or erosion hazard areas or their buffers has been disturbed or a
` structure has been built, the applicant shall cause to be prepared, by a
qualified biologist, plant ecologist, geologist or similarly qualified
professional, as appropriate, a restoration plan which shall include as a
minimum the following:
(1) The extent of disturbance, or permitted action requiring
mitigation, including an inventory of all vegetation cleared; and
(2a) Measures necessary to restore the critical areas or their
buffers/vegetation area, including removal of fill, regrading to
original contours, if necessary, replacement of excavated
material, revegetation of all cleared areas with native trees
and/or plants and removal of structures; or
(2b) Location of the proposed mitigation action, ownership, and
methods to recreate,,as nearly as possible, the original wetlands
or vegetation area in terms of acreage function, geographic
location and setting.
(3) A schedule for restoration; and
(4) A monitoring plan to evaluate periodically the success of the
restoration and provide for amendments to the plan which may
become necessary to achieve its purpose.
b. In preparing and approving the restoration plan, the applicant and the
County, respectively, should consult with the Department of Wildlife,
Department of Natural Resources, Department of Fisheries, and the
Department of Ecology as appropriate.
C. The restoration plan shall be prepared at the applicant's cost and shall
be approved by the Director. The Director may approve, reject or
approve the plan with conditions. All restoration shall be consistent
with the approved restoration plan.
2. Monitoring. In any designated critical area where restoration has been required,
the applicant, at its own cost, shall provide for seasonal monitoring of the site
by a qualified biologist or other qualified professional, for a period of three years
after completion. The applicant shall submit an annual report to the Director
which discusses i) the condition of introduced or reintroduced plant species; ii)
the condition of open water areas or other water features; iii) use of the site by
fish and wildlife species; iv) any disturbances or alterations and their affects on
the restoration; v) additional or corrective measures which should be taken to
ensure the success of the restoration; and vi) other information which the
Director considers necessary to assess the status of the restoration.
3. Restoration bond. Prior to commencing restoration of a wetland, deep water
habitat, tributary stream or protected species habitat, or their vegetation area or
a steep or unstable slope, the applicant shall post with the Director a bond or
other security in an amount sufficient to cover the cost of conformance with
the conditions of the restoration plan, including corrective work necessary to
provide adequate drainage, stabilize and restore disturbed areas, and remove
sources of hazard associated with work which is not completed. After the
Director determines that restoration has been completed in compliance with
approved plans and the monitoring period has expired, the bond or other
security shall be released. The County may collect against the bond when work
which is not completed is found to be in violation of the conditions set forth in
the restoration plan and/or the Director determines that the site is in violation of
the purposes of this Chapter.
Mason County Resource Ordinance 94 Revised W5102
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USPS
Permit Ao. G-10
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PS Form 3800,June 2002
SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
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■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you.■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: if YES,enter delivery address below: ❑No
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2. Article Number
(Transfer from service label) 7003 0500 0000 9483 5 619
PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-Z-0985
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�.IASON COUNTY RECEIVED
99PARTMENT OF
z.o. Box 27s U.S.POS.:%GF
•elton,WA98584 JU Q Z30 MAY 13'04
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7003 0500 0000 9483 5619 mcc � .�� ��,� �P-�e;53272
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CATHERINE FENIMORE �t a.ot'3LI- ay-- �1 v
1602 25T" ST PL SE
PUYALLUP WA 98372 -r ----�--
77,17