HomeMy WebLinkAboutClearing of Wetland Buffer - PLN General - 10/27/2004 MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning 360 Elma Mason County Bldg.1411 N.5th ( ) 482-5269 P.O.Box 279 Shelton,WA 98584 -/ lo- Z-7 —V%4 �LLr October 27, 2004 Norman Clark 3000 E. Mason Lake Dr. E Grapeview, WA 98546 RE: Response to letter received 10/26/04 Norman: I recently received some photographs that indicate that the fence was removed and that logs were placed as we discussed. In response to your question regarding anchoring of the logs, I am unable to authorize anything further absent permit review and approval. If you wish to further secure the logs/modify the logs, you can apply for Mason Environmental Permit (MEP) approval. An MEP application is enclosed for your use. I recognize that this probably seems trivial, but Mason County Resource Ordinance section 17.01.070(D) does not provide me with the ability to authorize further activity absent permit review. I have enclosed a copy of that section for your reference. Thank you for working to comply with the regulations. Your cooperation is appreciated. Sincerely, Kristin French Planner, Code Enforcement 3000 E Mason Lake Dr. E Grapeview, WA 98546 October 25, 2004 Ms. Kristin French RECEIVED Planning OCT 2 6 2004 Mason County Bldg. 1, 411 N. 5th St. PO Box 279 MCCD - PLANNING Shelton, WA 98584 Dear Ms. French, On Sunday, October 24, 2004, at approximately 11:00 a.m. Johnnie Cary had four young men(two of which were her grandsons, Dex and Drake)trying to move our logs marking our boundary line. I saw plastic containers of motor oil in their possession. I asked them not to touch the logs and they ignored me. The County Police were informed of their actions. We would normally have been at Christ Lutheran Church in Belfair at this particular time, but we did not attend yesterday. Had we attended church we may have come home to find our boundary moved and/or burned. I would like to add that Ms. Cary, or someone acting in her behalf, recently removed the boundary markers that were installed by a Manke Lumber surveyor. You witnessed the markers when you came to view the boundary line and the fence posts. Since Ms. Cary cannot be trusted, I would like to request that we may anchor these boundary line logs. We should have the right to protect our property from this woman. Sincerely, --4�/4 d44-11 Norman L. Clark ZZZ 3 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 5 G d October 20, 2004 Norman Clark 3000 E. Mason Lake Dr. E Grapeview, WA 98546-9775 RE: On-site meeting(October 15, 2004); ENF2004-002ft `1 Dear Norman: Thank you for taking the time to meet with me on October 15, 2004. The purpose of the meeting was to formally determine the upland boundary of the wetland buffer and shoreline buffer. The buffer boundaries represent points, forward of which all foreign material/structural improvements, including the metal post fence,must be removed. On your site, the Category II Wetland buffer of 85' appears to supersede the shoreline common line and Resource Ordinance setback requirements. Consequently, the fence must be removed from any point waterward of the wetland buffer boundary. While I was on-site,we measured this distance and marked the boundary point. The boundary point lines up almost exactly with the highest point of the roofline of the adjacent residential structure. I understand that to resolve this matter, you intend to remove the improvements located within the buffer area. You also plan to allow the small recently cleared area within the buffer area to revegetate naturally. As we discussed, permit approval is required prior to vegetation removal within the regulated buffer area(copies of Resource Ordinance sections 17.01.110 and 17.01.070 enclosed for your reference). Please take care to ensure that you understand the restrictions associated with the buffer areas. If you have general questions,please contact the Permit Assistance Center at (360)427-9670 ext. 281. Your proposal to place logs in the vicinity of the property line is acceptable, provided that you adhere to the following: 1. single log height and single log width, 2. place logs in a natural fashion without utilizing fill/excavation/structural methods to secure logs, 3. use native tree species and ensure that the wood is not treated/painted/altered in any fashion. The limitations described above will ensure that Mason County can exempt the activity from permit-related requirements. Please remove the fence structure in question and submit compliance photographs by November 19, 2004. You can mail the photographs to: Mason County Planning, ATTN: Kristin French, PO Box 279, Shelton, WA 98584. Alternatively, you can e-mail photographs to: frenchk0 co.mason.wa.us . Thank you for your anticipated cooperation. Please contact me at(360) 427-9670 ext. 593 if you have related questions. Sincerely, Kristin French Planner, Code Enforcement MASON*COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning 360 Elma Mason County Bldg.1411 N.5th ( ) 4 82-5269 P.O.Box279 Shelton,WA98584 October 6, 2004 Manke Lumber Co., Inc. 1717 Marine View Dr. Tacoma, WA 98422-4192 Madding Mason County Enterprises 1140 Alki Ave. SW Apt. 503 Seattle, WA 98116-1866 Norman Clark 3000 E. Mason Lake Dr. E Grapeview, WA 98546-9775 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER: ENF2004-00289 PARCELNUMBER: 22234-24-00020 SITE ADDRESS:E.Mason Lake Dr.E. TAX ASSESSOR RECORD INFORMATION: Taxpayer: Manke Lumber Co., Inc. Title Owner: Madding Mason County Enterprises Pre-Inspection performed for: Norman Clark, potential purchaser To Whom It May Concern: On October 4, 2004, 1 inspected the above referenced parcel in response to a complaint received by the Mason County Department of Community Development. I understand that prior to my inspection,planner Scott Longanecker performed a Pre-Inspection(SPI2004-00131)at the request of Norman Clark. The notes associated with SPI2004-00131 are enclosed for reference. The complainant expressed concerns regarding non-compliance with Mason County shoreline and wetland buffer requirements(specifically,removal of natural vegetation within the buffer area and placement of metal posts/wire cording within the buffer area). The following details my findings and related requirements. Please contact me at(360)427-9670 ext. 593 with related questions or concerns. While on-site,I took a number of photographs to document the current condition of the regulated shoreline/wetland buffer(detailed in SPI2004-00131). The buffer appears to be in a natural, undisturbed condition. Vegetative clearing activity, if any was performed,was limited to a ver y narrow swath running immediately adjacent to the newly staked property line markers. No buffer clearing violation was documented at the time of my inspection. Please be advised,however,that this letter and the letter associated with SPI2004-00131 are intended to inform you that any development activity performed within the regulated buffers(shoreline and wetland)must comply with all Mason County regulations. Copies of Mason County Resource Ordinance sections 17.01.110 and 17.01.070 are enclosed for your reference. Portions of the metal post/wire cording marking system are located within the shoreline buffer/wetland buffer and such portions need to be removed. Specifically,any post/cording located within 100' of the category II wetland edge(associated 85' buffer and 15'building setback)and/or located forward of the common-line(location of common-line detailed in SPI2004-00 1 3 1 notes)must be removed. Please remove the posts/wire cording from the regulated buffers and submit photographs documenting compliance by November 1,2004. Compliance photographs can be mailed to:Mason County Planning,ATTN: Code Enforcement, PO Box 279, Shelton,WA 98584. Alternatively,photographs can be e-mailed to: frenchk(a?co.mason.wa.us . If compliance photographs are received by November 1, 2004,no related fines/fees will be assessed. Thank you for your anticipated cooperation. Sincerely, Kristin French Planner,Code Enforcement i i� • � w W , _ . _p °i 3 + ti t, u � t w � m p r e Case Activity Listing 10/4/2004 9:42:26AM Case#: SPI2004-00131 P10 Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By SPIA600 SPI Letter-Field Review 6/8/2004 None DONE SAL 6/8/2004 SAL Pre-inspection for Norman Clark: The purpose of the pre-inspection was to evaluate issues related to a Proposed boundary line adjustment or similar process to separate a small portion of land from a large lot owned by Manke Timber Co. The proposed lot is adjacent to other similarly oriented and sized lots near a outlet o Mason Lake an n e ead of S erwood Creek. The shoreline ui this area is designated as by Mason County Shoreline Master Program maps,although Sherwood Creek is designated as Conservancy. The wetlands adjacent to the proposed lot are associated with both Mason Lake and the creek. The subject lot is well vegetated with medium age evergreen trees and native shrubs. The lot contains no structures,septic system or well. One of the primary issues to evaluate was whether the proposed small lot was hysicall se arate from the lar er roperty by lands below the ordinary high water mark of Mason Lake. Based upon staffs"observations the proposed lot is physically separated by lands below the ordinary ig water k. These seasonally su merged land are wetlands associate with Mason to ect—and regulated under the same sets of regulations,including the Mason County Shoreline Master Program and Resource Ordinance. The larger subject parcel is currently subject to a 6 year development moratorium due to a previous Forest Practice Application(FPA),however the small section of the lot which is proposed to be separated was clearly not logged as part of this FPA and so would not be subject to the development moratorium based upon staffs determination. It appears that the lot in question is zoned Rural Residential 20. Standard building setbacks for this zoning are a 25 foot front yard setback,and 20 foot side and rear yard setback. The exception to this is for lots less than one acre and under 100 feet in width. In this case side yard setbacks are equal to 10%of the lot width,but no less than 5 feet. These setbacks are measured from portions of structures above grade such as roof overhangs,and other appurtenances,including heat pumps etc. Other setbacks can apply when critical areas are present such as streams,wetlands,steep slopes etc. Front yard setbacks may be reduced through an administrative variance to a minimum of 10-feet if necessary. This would likely be necessary on-site due to other setback requirements from the lake/wetlands. Shorelines: Shoreline setbacks/buffers are required by the Mason County Shoreline Master Program and Resource Ordinance, section 17.01.110. The common line is used when there are homes on one or both sides of the subject lot within 150-feet of lot lines per the Mason County Resource Ordinance,section 17.01.110. In this case since there is a home to the north within 150-feet and no home to the south,the common line would be determined by an imaginary line drawn from the most waterward roofline of the home to the north to a point 100-feet upland of the ordinary high water mark of Mason Lake on the south side lot line. A measurement was taken from near the wetland edge/ordinary high watermark to indicate to the applicant where this setback/buffer is located. It appears that there is very little room between the road right-of-way and shoreline setback/buffer. If this setback cannot be met it is possible to apply for a variance from this setback requirement through a Resource Ordinance Variance process,which also requires preparing a project Habitat Management Plan(see section 17.01.110 J.). As discussed there are some high quality wetlands adjacent to the property,which are associated with Mason Lake. Prior to development,clearing,or building permit issuance a wetland delineation and categorization would need to be done. See enclosed list of wetland consultants. These individuals can normally assist in the development of project mitigation or Habitat Management Plans as well if required. You are not limited to those on the enclosed list. It is also possible to apply for a permit(Mason Environmental Permit)to build within a wetland buffer or setback area if necessary. Permits can be issued when the applicant can demonstrate that the activity is both unavoidable and necessary. Because of the wetland and shoreline setbacks,it will likely be necessary to apply for an administrative variance to reduce the standard front yard setback from 25-feet to a minimum of 10-feet. To reduce the front yard setback to less than 10-feet would require a Development Regulations Variance,which may also ye a possibility depending upon the findings of a wetland delineation on-site and if there is sufficient room to construct a garage or other structure without a variance. A Development Regulations Variance is a more expensive process and requires public notice and hearing similar to a Resource Ordinance Variance. Geological/landslide hazards: Due to slopes in excess of 15%adjacent to or within 300 feet of the project a Geological Assessment will need to be done to address slope stability and the other requirements of the enclosed landslide hazard chapter 17.01.100 section E.4. Prior to building permit issuance. The report must state that hazards related to landslide hazard areas can be overcome in such a manner as to prevent harm to property and public health and safety,and must also assure the project will cause no significant environmental impact. See Mason County Code 17.01.100,ET The exception to this requirement is if the height of the slope is less than 10-feet. If the slope height is less than 10-feet,then the requirement of a Geological Assessment would be waved. A topographical section indicating slope and slope height is needed when applying for a development/building permit. No other critical areas such as streams or wetlands were identified on site. If you have any questions please feel free to call. Thank you. Page 2 of 3 CaseActivity-rpt 11/15/2004 Case Activity Listing 4:16:59PM Case#: ENF2004-00430 Assigned Done Activity Description Date ] Date 2 Date 3 Hold Disp To By Updated Updated B3 , ENF13002 Site Invest 9/29/2004 10/4/2004 10/4/2004 None DONE KLF KLF 10/5/2004 KLF 10/04/04-site inspection/photo documentation. Thoroughly documented vegetated buffer area in question. Observed metal pole/wire-type fence apparently intended to mark property line. Will contact all parties involved and reiterate requirements detailed in SPI2004-00131,and request removal of fence/stakes from buffer/setback area klf. y ENFA010 Complaint Received 10/5/2004 None KLF 10/5/2004 KLF ENFA400 Compliance Due Date 10/20/2004 11/19/2004 10/26/2004 None DONE KLF KLF 11/15/2004 KLF 11/19/04-by this date,submit compliance photographs as detailed in letter mailed first-class and certified on 10/20/04. I also met with owner on-site 10/15/04 to formally detail requirements. Six meal fence posts(all within 85'buffer associated w/Category II wetland)must be pulled out.klf. ENFC050 Complaint Closed 11/15/2004 None DONE KLF KLF 11/15/2004 KLF 11/15/04-compliance photos received. Fence in question removed from location within wetland/F&W buffer,as documented in photo. Mr.Clark was authorized to place a single line of logs(native species/unaltered/no structural improvements or artificial setup methods)along the property line. Case closed.klf. Q' �v Page 1 of I CaseActivity..rpt SENDER: COMPLETE THIS SECTION COMPLETE THISSEnTIONONDEVVERY ■ Complete items 1,2,and 3.Also complete i ure tDatDe item 4 if Restricted Delivery is desired. oPrint your name and address on the reverse see 0so that we can return the card to you. B. Received by(P ted Name) e L N■ Attach this card to the back of the mailpiece, ry m ° o 0 9 or on the front if space permits. a a ` �p z ° > ❑ m g Cq D. Is delivery address different from item 1? es m b ❑ c El 1. Article Addressed to: ° p If YES,enter delivery address below: ❑ No U r' _ a E 3 m /v o Lrl rmc� C AO-r 1 C1 LL MR-) E a O 01CL SOVI L lL -0r C zv 2 -0 w cr 8 � ru ° ❑ ❑ ❑ L r` ` 3. Service Type 'o Z Lk, ❑Certified Mail ❑ Express Mail Q) c `f?775 ❑Registered ❑ Return Receipt for Merchandise T -0CU 2. n p ❑ Insured Mail ❑ C.O.D. '�J �T N a a) l 4. Restricted Delivery?(Extra Fee) El Yes ' > ? v� v aO N c a 2. Article Number 7 []3 2260 2 a V co ❑ ❑ ❑ " (transfer from service label 0 0 0 4 7 4 7 2 7 6 4', a X o n PS Form 3811,Au ust 2001 Domestic Return Recei t ru g P 102595-02-M-1540 cc m 2 t� E °- a'� - j ■ Complete items 1,2,and 3.Also complete A. Signatur7dy( o a o y ,1t1 U item 4 `Restricted Deliveryis desired. ,1 ❑ ent Q(n 0-0 o }� ■ Print your name and 'address on the reverse /l Addressee C6 � 100 � so that we can return the card to you. B. R ceiveted N e) p� �` f of e �c'45 L ° s ■ Attach•-this card to the back of the mailpiece, l! ro @ ro" a) 0 a `" or on the front if space permits. v N -o E Y ca m D. Is delivery address different from item 1? s ,- a�i m 2 1. Article Addressed to: If YES,enter delivery address below: ❑ No E Y E w aDi N Q +c (nro as c c (n ) CY�o.�Jdr►�t5 ovl Ccc►��,j F1-� a) S r � � 3 ad ro m r d � co; � E �jon-�-I W o C�31 (0 3. Service Type ■ ■ ■ C' a ✓� ❑Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. b 5Lv 4. 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