HomeMy WebLinkAboutMOR2024-00003 Waiver - FPA Permit / Conditions - 1/16/2025 Luke Viscusi
From: Luke Viscusi
Sent: Thursday,January 16, 2025 10:00 AM
To: 'isaaccrookswork@yahoo.com'; 'Kali Vickery'; 'bweiskotten@skokomish.org';
'Nathan.McReynolds@dnr.wa.gov'; 'don.melton@dnr.wa.gov'; Patti McLean
Subject: MOR2024-00003 Notice of Final Decision
Attachments: MOR2024-00003 Notice of Decision_01.16.2025.pdf
Hello All,
Mason County's Department of Community Development has issued MOR2024-00003.This is a 2-Acre Forest Practices
Moratorium Waiver to waive a 6-year development moratorium,which was incurred as a normal condition of a Class III
Forest Practices Application (#2421809) issued by the WA DNR, on Mason County tax parcel 22205-75-00020.The
waived area is approximately 1.73 acres.
I have attached the Notice of Administrative Final Decision for the project,which includes information on the SEPA
threshold determination, information on requesting assessed valuation changes by affected property owners, and the
procedures of administrative appeal, if any.
Per MCC 15.07.040(a),you are receiving this notice because we are required to send the Notice of Administrative Final
Decision to the applicant,all parties of record (meaning party that submitted comments as part of SEPA review),all
parties who requested to be notified, and the County Assessor's office.
Sincerely,
Luke Viscusi (he/him) I Planner
Mason County Department of Community Development
Office#360-427-9670 ext. 282
Cell#360-490-3103
LViscusi@MasonCountyWA.gov
1
MOR2024-00003, SEP2024-00025 Crooks
January 16, 2025
FINDING OF FACT
MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
Building Vlll—615 W Alder Street;Shelton, WA 98584—360-427-9670
FROM: Luke Viscusi, Planner; LViscusi@MasonCountyWA.gov; 360-427-9670 ext. 282
RE: Finding of Fact for MOR2024-00002, including SEP2024-00025.
APPLICANT: Isaac Crooks
APPLICATION DATE:July 29, 2024
PARCEL#'S: 22205-75-00020
Mason County has reviewed the above referenced application for a 2-Acre Forest Practices
Moratorium Waiver and finds it in conformance with all applicable County land use regulations
in effect at the time of application.
FINDINGS
The proponent has filed a complete,signed application.
Yes.
The proponent has submitted a site plan appropriately depicting the area to be
waived from the development moratorium.
Yes the waived area(approximately 1.73 acres)is outlined in yellow on the applicant's
site plan.
That the development moratorium is the result of:
The WA Department of Natural Resources issued a Class Ill Forest Practices Activity,
known as FPA/N#2421809, effective on 0910812020. The resulting six-year
development moratorium (MCC 11.04.010) will expire on 0910812026.
1
MOR2024-00003, SEP2024-00025 Crooks
That this Moratorium Waiver is in conformance with Mason County Code 11.04.090:
(a) The director of the department of community development (or their
designee, per MCC 15.01.020] shall have the authority to approve, approve
with conditions, or deny a request for a waiver of the moratorium, pursuant
to the procedures and requirements of this chapter.
Yes, this signed Finding of Fact constitutes approval, or approval with conditions,
for the moratorium waiver.
That this Moratorium Waiver is in conformance with Mason County Code 11.04.100:
(a) The request will be made to the department of community development on
the application form provided by that department and accompanied by a
completed county environmental checklist and any established fees.
Yes.
(b) The application shall be reviewed as a Type II, administrative decision with
notice,as provided for in the Mason County Title 15 Development Code.
Yes, the Type 11 review(with public notice)procedures of MCC 15.09.040 were
followed. The Notice of Development Application was posted on-site on Au ust
23, 2024, in accordance with MCC 15,07.010. The Notice of Administrative Final
Decision will be sent, in accordance with MCC 15.07.040,following the signing of
this Finding of Fact.
(c) Standards for waiving the moratorium:
(1) The development area shall be no larger than two acres in size.
Yes the development area waived is approximately 1.73 acres and does
not include any area within 300 feet of slopes greater than 30%.
(2) The harvest and reforestation of the property shall be completed as
specified in the approved forest practices application/notice.That
portion of property subject to the waiver application shall be
excepted from reforestation.
Yes.
(3) There shall be no damage to a critical area or its associated
vegetation area nor to the shoreline area or that any damage to
those areas is repairable with restoration.
Yes, no damage to critical areas has occurred. There seems to have been
damage to critical area buffers (within 50 feet of slopes greater than
40%and within 150 feet of the Tahuya River), but that clearing was
authorized through the DNB's issuance of FPA/N#2421809.
2
MOR2024-00003, SEP2024-00025 Crooks
(4) The proposed development shall be consistent with the county
comprehensive plan and development regulations.
Yes, the proposed development is limited to residential use per the
criteria of the waiver process. The land use zoning for the property is
Rural Residential , which is consistent with residential development.
The activity proposed for the site affected by this waiver from a six-year
moratorium is compatible with the Mason County Comprehensive Plan
and Development Regulations.
(5) Mitigation shall be required for impacts to critical areas,
stormwater, and shorelines. Other mitigation shall be required to
prevent significant adverse environmental impacts, pursuant to
M.C.C. Chapter 8.04 to 8.40.
No mitigation is required because no damage to critical areas has
occurred and any damage to critical area buffers was authorized
through the DNB's issuance of FPA/N#2421809.
Mason County Resource Ordinance
The issuance of this permit will not result in a violation of the Mason County Resource
Lands and Critical Areas Ordinance. The site was inspected on August 23, 2024, by Luke
Viscusi, of the Mason County Planning Department, who determined that any critical
area buffer issues have been sufficiently documented.All project activities will occur
further than 300 feet from slopes with greater than 30% will occur outside the Tahuya
River Floodway, will occur further than 200 feet from the Tahuya River OHWM(the
project area is approximately 400 feet south of the Tahuya River), and will occur more
than 150 feet from any streams in the vicinity. The streams mapped by the DNR were not
observed during site visit on August 23, 2024, or in a later site visit on October 22, 2024.
No stream channels were found on the south side of the property(the project area).
Geotechnical Report/Geological Assessment Review
N A the proposal does not require additional geological documentation because the
waiver area's northern boundary is 300 feet from any slopes greater than 30%.
Shoreline Master Program
The northern portion of the site is within 200 feet of the Tahuya River ordinary high
water mark, but no portion of the 1.73-acre waiver area is within 200 feet of the Tahuya
River ordinary high water mark. The shoreline designation of the northern portion of the
site is Conservancy, which requires a 150 foot buffer, plus a 15 foot structural setback
for a total of 165 feet. Significant vegetation removal within required buffer areas, new
structural shoreline stabilization,flood hazard protection, or shoreline modifications will
not be necessary for the development of a new primary residence on the lot.
3
MOR2024-00003, SEP2024-00025 Crooks
Flood Ordinance
The northern portion of the site is located within the FEMA mapped Regulatory
Floodway(AE)of the Tahuya River. Construction of new structures or an expansion of
the square foot area of an existing structure is prohibited in the Floodway. The northern
boundary of the waived area is over 400 feet south of the mapped Floodway. Therefore,
approval of this Moratorium Waiver will not violate the provisions of the Flood Damage
Prevention Chapter of Mason County Code Title 14.
State Environmental Policy Act
This application for MOR2024-00003 has been reviewed for SEPA compliance under case
#:SEP2024-00025. The SEPA record number is 202404653.
(a) Is SEPA exempt.
No.
(b) DNS
Yes, issued by Luke Viscusi of the Mason County Planning Department on
October 22, 2024. The SEPA Determination of Non-Significance was posted on-
site and emailed to the appropriate agencies on October22, 2024. Two
comments were submitted by the Skokomish Tribe and the WA Department of
Natural Resources(DNR)during the 14-day comment period, which closed on
November 5, 2024. The comment submitted by the DNR included legal access
issues,stating that legal access across the DNR parcels had not been obtained
and that granting an access easement would be inconsistent with the existing
Recreation and Conservation Office Covenant. The comment included details for
the private property owner, if they wished to acquire an easement. This issue is a
civil matter between the property owner and the DNR.
(c) MDNS
No.
Stormwater Management
An engineered stormwater plan for Mason County Public Works is N/A. The project
requires Minimum Requirements#1 through#5 of the 2019 Stormwater Management
Manual for Western Washington due to land-disturbing activities greater than 7,000
sqft. Narratives for Minimum Requirements#1 through#5 were submitted and meet the
standards of the Manual.
4
MOR2024-00003, SEP2024-00025 Crooks
CONCLUSION
In conclusion,this application for a 2-Acre Forest Practices Moratorium Waiver, associated with
FPA/N#2421809, is consistent with the above criteria and Mason County has fulfilled its
statutory obligations. Per MCC 11.04.110, the following permits may be issued and conditioned
as necessary to be consistent with Mason County Code prior to 09/08/2026 under this waiver:
(1) Building permits for the single-family residence and for residential
outbuildings;
(2) Single-family on-site septic system permit;
(3) Road access permits;
(4) Earth modification permits;
(5) Shoreline master program approvals;
(6) Well or potable water permits;
(7) Other approvals necessary the development of a single-family
residence and outbuildings.
RECOMMENDATIONS
I, being the review authority(designee of the Director of the Mason County Department of
Community Development), hereby attest to and certify that appropriate provisions have been
made for this Forest Practices Moratorium Waiver and hereby recommend approval.
Signed,
6 e'4��k
Luke Viscusi, Forest Practices Reviewer Date
5
20 NE Cheyenne Hill Dr - TPN 22205-75-00020 - Mason County Permit # MOR2024-00003
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Community Development
(Permit Assistance Center/Building/Planning)
MASON COUNTY
615 W.Alder Street—Shelton,WA 98584
COMMUNITY DEVELOPMENT 36masoncoun Ext.352
masoncountywa.Rov
Permit Assistance Center,Building,Planning
Notice of Development Application
Notice is hereby given that Isaac Crooks, who is the applicant for the following proposal, has filed an
application for a Forest Practices Moratorium Waiver(MOR2024-00003)through Mason County.
Location: 20 NE Cheyenne Hill Dr,Tahuya,WA 98588;SE%of Sec 5,Twp 22N, Rng 2W,W.M.
Tax Parcel Numbers: 22205-75-00020
Date of Application:July 29, 2024
Date of Complete Application:August 19, 2024(Statutory)
The project will include waiving a 6-year development moratorium,which was incurred as a normal
condition of a Class III Forest Practices Application (#2421809) issued by the WA DNR.The moratorium
became effective on the harvested portions of the lot on September 8, 2020.The moratorium would
otherwise expire on September 8, 2026.The waived area is 2 acres.The applicant intends to develop the
lot with a single-family residence, 3-bedroom septic, and well in the future.The project requires no
additional permits from other government agencies that Mason County is aware of.
A State Environmental Protection Act(SEPA) Checklist was submitted with the application for the
project.All documents relevant to this project can be requested by contacting the County staff member
below.
This Forest Practices Moratorium Waiver will require a SEPA threshold determination and a formal 14-
day comment period through SEPA at a date yet to be determined. Public comments during the SEPA
comment period are welcome. Any comments or questions should be directed to the County staff
member listed below:
Mail Email and Phone
Luke Viscusi, Planner LViscusi@masoncountywa.gov
Mason County Community Development 360-427-9670 ext. 282
615 W. Alder St.,
Shelton,WA 98584
No public meetings are required for this project.
This Forest Practices Moratorium Waiver is subject to administrative approval or denial from the Mason
County Department of Community Development under Title 8,Title 11, and Title 15.
A decision on this application will be made within 120 days of the Date of Complete Application and
copies of the decision may be obtained by contacting the staff member above. Any person aggrieved by
the decision of the administrator to approve or deny this proposal may appeal the decision to the
Mason County Hearing Examiner within 14 days following issuance of the decision.
This Notice of Development Application is required by Mason County Code 15.07.010.
Posted: 8/23/2024
AFFIDAVIT OF POSTING NOTICE
STATE OF WASHINGTON )
) ss:
COUNTY OF MASON )
RE: (Parcel#or Address of Site):20 NE Cheyenne Hill Dr,Tax Parcel#22205-75-00020
I, Luke Viscusi , Planner for Mason County, do hereby certify that I have posted 1 copies
of the attached:
Notice of Development Application
On this 23rd day of August, 2024, in 1 conspicuous place as follows:
o One at 20 NE Cheyenne Hill Dr,Tahuya,WA 98588,Tax Parcel#22205-75-00020
In witness whereof, the party has signed this Affidavit of Posting Notice this 23rd day of August,
2024.
Signed by Luke Viscusi
Mason County Community Development Department
615 W.Alder St, Shelton,WA 98584
Subscribed and sworn before me this day of ,
20 , 1 certify that signed this document.
00,4111MIpoll%.n
ON
o� NOTARY ;'11" TARY PUBLIC in and for the itate of W sh' ton,
;U
_ 23038426 = Printed Name of Notary:
:A PUBLIC :02 residing at:
pF 'SN���.•`° My Commission Expires:
air ..r MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES
Mason County Bldg. 8,615 W. Alder Street, Shelton, 98584
(360)427-9670 Bellair(360) 275 4467 Elma (360) 482-5269
u www.co.mason.wa.us
FOREST MORATORIUM WAIVER/RELEASE APPLICATION
This application is to be used to waiver a portion of a parcel for development permits or to release the entire tract from
the six year moratorium for development permits.This process was created under the guidance of RCW 76.09.060.This
application needs to be filled out completely, so that we have all the information to process this in an expedient manner.
Which are you requesting from the Moratorium? Waiver El Release
Y q g
Applicants r � Operator's Name: ,.. ..
PP Name: ��L'tiL'I� - ��
Applicant's Address: ��1 tiJo hlC� o "1 Mtn! Operator's Address:
Applicant's E-mail: V-aj i V iby- M C1 I C.-NA � � 1 , qF3/1
Applicant's Phone number: �15.12-3ly"P 48110 W
Effected Parcel Number: Parcel size (in acres): 7.
Identify what type of timber was removed,ie: Douglas Fir,Western Red Cedar,Alder,Maple,etc:
Was the timber harvest done under an approved forest practice application: PKes ❑No
Was there an enforcement action taken by the Department of Natural Resources(DNR): )Rj 65arest
Practice Application Number: gqoj I yO Forest Practice Application date of approval
What is your intention to do with the effected parcel:
t,R- �\\A Vb 5coc , iqttl I
Have you attached a site plan to show the area of the requested waiver or release: Ves [:]No
Are there any critical areas on your site?ie: wetlands,streams,creeks,steep slopes, etc.: Rye, Meo
If yes, identify the type of critical area(s): 5 4'YC�t U hS K ''�cc h 1 IDS I
Please list conditions of approvals by DNR for your forest practice application:
Mtir Fcl !�j kr- onQ �do l�r��1► abllG�vh� r
Were any of the buffer areas effected by the timber harvest?: [ Yes ❑No
Identify if you harvested any timber in the cri 'cal areas on your site: ❑Yes VNo
Did Y P you replant Per DNR standards: 521 es ElNo
Application Signature
1) I certify that I am the forest land owner, as that term is defined in RCW 76.09.020 and
WAC 222-16-010, and that I am familiar with the requirements of the Forest Practices Act,
RCW 76.09 and the forest practice rules, WAC Title 222. 1 am specifically familiar with
RCW 76.09.460(c) and its effects.
2) I certify and declare under penalty of perjury under the laws of the state of Washington that
the foregoing is true and correct.
Signed this a� ' day of ` , 20 at
(Month)
(City) (State) (Signature)
STATE OF WASHINGTON ) I, the undersigned Notary Public, in and for the juris-
:SS
COUNTY OF n diction aforesaid, do hereby certify that
SEAL: a&r,
ER ISit:.,
p�`.•• ••• ••• whose name(s) is(are) signed to the Forest
\Sg10N F+. �'.
NOTARY �N
23038426 = Moratorium Waiver, appeared before me and
Nam: PUBLIC personally acknowledged the same.
of wAs\Ax
,1j6111/1/11111111111``
GIVENLwoer my hand and seal this�' 'day of
20
Jr
(sign re)
APPROVED DATE
-For Director of Community Services
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