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HomeMy WebLinkAboutRestoration Plan - PLN General - 12/13/2002 RE: Restoration on Parcel 22304-77-90100 Dear Mr. And Mrs. Posti,eT, I am writing in response to your request for Mason County to perform the final inspection on the restoration activities at 6981 IE Tahuya-Blacksmith Road in Belfair. I received this request on Thursday, January 5, 2006 in a voicemail message from Mickie Posher_ On January 11, 2006, I was provided with a copy of the Monitoring Report that was done by Lee Boad Habitat Management Planning and Wetland Services on January 4, 2006. There have been no other annual reports submitted, as were required on an annual basis under the Mason County Resource Ordinance section 17.01.210_ The Monitoring Report that I received addresses the survival of the western red cedar and western hemlock trees, however does not give mention to the survival rates of the 250 sword fern plants, 250 Evergreen Huckleberry, and 250 Salal that were also to be planted during the initial restoration phase. On January 11, 2006, 1: performed a site inspection to observe the current conditions of the buffer. At that time, I observed 19 flagged trees within the buffer area, and all appeared to be healthy, but were not planted at the prescribed ratio of 10-12 feet apart_ This may cause mortality rates to rise as the trees get older and crowd each other. The restoration plan that was done in February 2003 discussed shrub plantings at a 1:1 ratio and 2 .foot spacing. These were all to be marked with pink flagging for easy identification, During my inspection, I did not see any huckleberry or salal in the affected buffer area; nor were there any shrubs with pink flagging. Given that there were supposed to be 750 shrubs planted three years ago, I am disappointed with the condition of the site as it currently stands. It is apparent that invasive plants such as blackberries were allowed to enter the site and were not removed until recently. This recent removal may be the cause of the widespread death of the other low-growing plants in the buffer. It does not appear that any of the 750 prescribed shrubs were planted in this buffer, and those ferns that are there now were seeded naturally. For these reasons, I am going to extend the monitoring period for one additional year from the date of this letter. I will perform a six-month evaluation in July to see that the shrubs prescribed in the original restoration plan have been installed in the buffer and that invasive species have been removed_ I will again inspect the site in January 2007 to monitor the survival of these plants. If an 310 J11fisdx z ,LNdS •S0d rz,TO s Mvsa LS:VT ZT/TO awil *is QI NOI1OdNN00 ssaaaa as ZL£Z£S£LSZT5LZ09£T6 'Ids NOIZOdNNOD LSZZ ON XX/XZ N0 NOISSIWSNVHI IHOdHH XI T001M XVd 69:VT 90OZ/ZT/TO FAX NO. :360-275-1257 Jan. 11 2006 04:03PM P1 Lee Boad Habitat Management Planning and Wetland Services Wetland Delineation - Habitat Management Plans • Riparian Restoration - Mitigation - Biological Evaluation January 4,2006 Project#LBHWWS145 MONITORING REPO Postier Restoration Plan in 2002,Lee Boad Habitat Management and Wetland Services(LBHMWS)prepared a Restoration Plan for the unauthorized tree removal within the Category III Wetland buffer associated with Erickson Lake in Mason County_ This report addresses the monitoring requirements described in that report. The parcel is mapped in the SW %.of Section 4 of Township 24 North,Range 2 West. The property is recorded by the Mason County Tax Assessor's Office as Tax Parcel 223047790100. - The Restoration Plan recommends site-specific measures to restore the quality of habitat within the restoration zone. These reconunendat.ions include native tree planting,exotic species removal,and Best Management Practices(BMPs). On December 29,2005 the site was visited to verify that recommendations have been implemented. Field work and reporting has been completed by staff natural resource specialist,Heather lane. Reintroduced tree species included western red cedar and western hemlock. Planted trees appeared healthy and ranged from two to six feet tall. The planting locations,species types,and densities were consistent with those addressed in the report and resembled a natural wetland buffer suitable for wildlife utilization. The planted trees were marked with pink flagging as requested in the report(See Figure 1). On the day of the field visit, indication o(thc use of the sitc by local wildlilc slucirs was present in the form of a blue-heron observed on the shoreline of the restoration zone. No evidence of additional habitat or wildlife degradation to the restoration zone was observed during the field visit_ The site was also investigated for the occurrence of exotic species within the restoration zone.Himalayan blackberry,reed cannarygrass,and evergreen blackberry are present within the restoration zone. These plants have been continuously cut back allowing both supplemented and volunteer native trees to become well established. Red alder is growing at a density of approximately one to three saplings per twenty five square feet within the restoration zone. It is expected that the red alder trees will shade out the invasive species as they are now up to 6-feet tall(See Figure 2)_ Despite the presence of exotic species within the restoration zone,it is my opinion that restoration measures implemented have been adequate to allow restoration of the wetland buffer for the following reasons: 1)trees planted have achieved a survival rate of greater than 80%over three years,2)the consistent maintenance of invasive species has allowed volunteer native plants to become established at moderate to high densities,3) wildlife has been observed using th&cite No additional disturbance to the wetland or regulated buftbr within the property has been identified. At this point we see no further need for additional monitoring or restoration measures,however,encourage present and future landowners to continue maintenance of exotic species within the restoration zone. The recommendations provided in the restoration plan for the unauthorized tree removal has been effectively completed by the property owner. The volunteer and supplemented plants are of a size and density adequate to overcome any stress caused by invasive species- 1 trust this information is sufficient for your needs at this time_ Thank you for choosing me as your environmental consultant for monitoring. If you have any questions feel free to call. Heather lane Natural Resource Specialist I J'4�i'�• r n �•';+14L •�' .•dy,r•:R.�w ;ry S `�.' it �.� �.J���• •.w..••. .. !�fT'•i rr ' • `�, :YS��.:1;M.!...... '�.;��..y Kam:.—' .. �f.:.ti/ , .,� �' ••~�� •. y. yy fit:'... ,C w•' ;t': YYYYYYY��-"-- .\ ♦.+A1�4,•/� �I{ �:... ��`' Zi .: •R . ..*F•'� t ,�,••� T•L4y n;.J.� •h ✓w�. !Ty=�3••••�.•e� y.. '1{ { 7• • a ', 1 •1 11' 11 �• • 1• 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 April 30.2004 MARK AND MICKIE POSTIER RR30`I-7-7- 91 16-U 431 NE MISSION CREEK ROAD BELFAIR WA 98528 ***The information contained in this letter is standard form-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(I)(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`h 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-of Public>Works. Qualified Fish and Wildlife Professional:A person With experience and training.in:fish and wildlife issues;who has experience analyzing fish and wildlife 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 ,: wuith experience in,performing delineations,analyzing:wetland functions and values, analyzing wetland impacts,and recommending wetland:mitigation_and restoration:--:Qualifications include: A. Bachelor of Science or Bachelor of Arts or equivalent°degree in'biology, botany, environmental studies,fisheries, soil science,wildlife onrelated;fieldi,and 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 County Resource Ordinance 99 Revised 5✓01/03 G. 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 3105102 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 3105102 ( Pam/ / / DELIVERY m KRIS TIN FREN 11-M.C.P►-ANNING u7 PO BOX 279 Q gent ftl SHE TON WA 98584 1\& 5 �/ e�mtdclressee inted Name) C. Date of Delivery L USE - Postage $ /� ss different from item 1? ❑Yes • CJ 3 ivery address below: ❑No t= Certified Fee A•�® �n\P,Vvq y O ` ` 9 C7 Return Reciept Fee v pS (Endorsement Required) 1.715 0 Restricted Delivery Fee 1 C3 (Endorsement Required) to 0 vY Cb Total Postage 8 Fees m .$ 44.7 ail ❑ Express Mail Sp C1 Sent To ❑ Return Receipt for Merchandise moan m; .1 ❑ C.O.D. f� ...------ - -�i ----- �09�' r Street,Apt.No.; very?(Extra Fee) ❑ Yes or PO Box No. L.1 } I..... C _ m tS71__ C Y IL City,State.ZlP+4 - ---------------�-----------^----� ..... 1 9484 3539 _ :rr PS Form 3611,A-u-q99r22ACPRI-03-Z-0985 1 N I �9 -----_ 5/6-r1� GI'cJ /f�0,4� 5A YS t 'CIL) //j I�At e- Cl }�, }�,.� _ '�ze/�o -F,4HU Yi - 131,4ck5,,111704 Q� n�o�o/'4B' N , (7 0 t\�\,2 � 10 3a6 6376 VICINITY , MAP SHORT PLAT l for /� SCALE:4"—I MILE fly K-Sots LAft A"0G1AT90 `�„�.�.. Cp S•QD I IRWI ENGINEERING N m Civil Engineering and Land Surveying 824 So. 28th St. Tacoma,WA 98409 Phone 272-7831 DRAWN DATE F.B. S/rA CHECKED SCALE JOB NO. 1" = 200' 411 Z 4 Restoration Plan for Tax Parcel 22304-77-90100 Prepared for Mark and Mickie Postier Lee Boad Biologist Consultant PO Box 2854 Belfair Wa 98528 360-620-0618 i Tax Parcel#22304-77-90100 Track B short plat 1790 This restoration plan is in response to a site review and inspection completed on December 20, 2002. At that time Kristin French from Mason County Code Enforcement, noted that land clearing had taken place in an area that appeared to progress from a well drained upland to a wetland at the edge of Erickson Lake. In accordance with the Mason County Resource Ordinance Section 17.01.200(I), this restoration plan addresses the issue of restoring the disturbed area. The purpose of this plan is to restore wildlife habitat and ecological functions upheld by the wetland zone and associated buffer. Extent of Disturbance The current owners attempted to create access to the lake via removal of a strip of adjacent wetland vegetation. An excavator was operated within the protected buffer to access the wetland and remove piles of slash brush left in the buffer by previous owners. Prior to this activity, the buffer zone had already been heavily impacted by a history of land use and lacked natural levels of native vegetation. Land clearing efforts encroached across the already impacted buffer into a class III wetland using an excavator to remove vegetation from the wet area. In a separate instance there were two mature red alders g (Alnus rubra) fallen and removed from the buffer effecting approximately 800 sq. ft of the protected zone. These Alders were removed over two years ago for fear they would topple over during wind events and threaten safety. Removal of roughly 500 square feet of Spiraea douglasii reduced structural habitat associated with the wetland. Measures Necessary for Restoration There have been 2 large alder trees removed from the area within the protected buffer zone. This will be mitigated by planting twelve seedlings. These could either be alder or cedar seedling depending on the landowner's preference. As both species occur naturally throughout the area it is recommended to plant a combination of both. The tree seedlings will be planted 10-12 feet apart and flagged after planting in order to relocate them for future maintenance. The protected buffer zone will also be replanted with salal, evergreen huckleberry, and sword fern at a 1:1:1 ratio. This will be necessary to prevent future invasion of exotic species which is common in areas that have been disturbed. Planting should occur at the standard density for shrub replanting which would involve 2 foot spacing between shrubs. These shrubs should be planted in a random pattern to maximize their stabilization potential and mimic natural patterns. All shrubs will be flagged to locate them for future maintenance. Replanting of the wetland area to reestablish Spiraea douglasii is not necessary given the characteristics of the species, existing hydric conditions and available recruitment from the surrounding area. This particular species is well adapted to growing in disturbed 2 wetlands. Previous projects have shown that Spiraea will reestablish itself successfully without additional planting. This overall restoration zone will encompass 3000 sq ft. and will occur throughout the disturbed wetland and associated buffer area. There is no need to remove fill, regrade contours or excavate materials as outlined in the requirements of section 17.01.100. Previous activity had minimal impact on landscape topography. Location of Proposed Mitigation Action A map is attached which provides a spatial representation of the project area in relation to the property boundaries. Schedule for Restoration The restoration of the identified area will commence in February and be completed by April of 2003. Twelve age-3 tree seedlings will be planted within the restoration area as well as 750 shrubs. Following restoration, the area will be maintained as a protected wetland and associated buffer as required by Mason County. Monitoring Plan Monitoring of the site will begin in the fall of 2003 and maintained on a seasonal basis. The information gathered will provide the following. 1) Condition of reintroduced plant species; 2) the use of the site by wildlife species; 3) any disturbance and its effect on the restoration effort; 4) any corrective measures that may be deemed necessary to provide the desired restoration outcome. This monitoring will be in effect for the duration of three years. The information gathered will be provided in an annual report and submitted to the Director of Mason County Department of Community Development. Recommended Low Impact Land Use Proposal As restoration is complete, a 5-8 foot wide trail and shoreline area should be flagged to identify a designated area for landowners to continue accessing the lake for recreational purposes such as swimming, fishing,etc. Activity would be limited to foot traffic only. Allowing Spiraea to repopulate the entire zone would make it difficult for the landowners to utilize recreational opportunities while maintaining wetland habtiat. This would be a low impact situation compared to what occurs on most other ownerships throughout Erickson Lake. 3 I trust this information is sufficient for your needs at this time. If you have any questions feel free to call. Lee Boad Biology Consultant PO Box 2854 Belfair, WA 98528 360-620-0618 4 CC \\ 3 \\I G ,o A i 10100 i I " I QU ; WETLANDS CONSULTANTS LIST Agua Tierra Bob Thomas & Sons Edison St SE Ste 100 PO Box 4146 Olympia WA 98501 Tumwater WA 98501 360-754-3755 360-753-9051 B-12 Associates Foster Wheeler Environmental Corp. 521 South Washington Ave 10900 NE 8th St Ste 1300 Kent WA 98032 Bellevue WA 98004 206-859-0515 425-688-3700 The Coot Company Jones & Stokes Associates 416 South Washington 2820 Northup Way Ste 100 Olympia WA 98501 Bellevue WA 98004-1419 360-352-9897 206-822-1077 John Comis &Associates Pacific Rim Soil &Water 15209 111th Ave Court E 203 4th Ave E Ste 416 Puyallup WA 98374 Olympia WA 98501 206-848-2233 360-534-0346 EnCo Puget Land Consultants Jonathan Kemp/Dustin Jones Wes Jennings PO Box 731747 PO Box 9635 Puyallup WA 98373 Tacoma WA 98409 253-841-9710 253-474-5432 Lovell-Sauerland &Associates Inc PRC Environmental Management Inc. 19400 33rd Ave W Ste 200 1411 4th Ave Ste 720 Lynwood WA 98036 Seattle WA 98101 206-775-1591 206-624-2692 Parametrix Pentec Environmental inc 5808 Lake Washington Blvd NE 120 West Dayton Ste A7 Kirkland WA 98003 Edmonds WA 98020 206-455-2550 206-775-4682 Sheldon &Associates Forestech LLC 5031 University Way NE#5 9857 Miami Beach Rd NW Seattle WA 98105 Seabeck WA 98380 206-522-1214 360-830-5564 Shapiro &Associates Wiltermood Associates 1812 Smith Tower 1015 SE Harper Road Seattle WA 98104 PO Box 8612 206-624-9190 Port Orchard WA 98366 206-876-2403 Shockey/Bent Inc. 2924 Colby Ave Aquatic Restoration Consultants Everett WA 98201 Chris Mendoza 6411 32nd Ave NW Olympia WA 98502 360-867-1811 H:\WP\SUSIE\GENERAL\WETLANDS.WPD Attn: Branch Manager To whom it may concern, I am writing in regard to account number 24905-79, which is a joint interest bond held by you for Mark&Mickie Postier and Mason County_ This bond is being held for a period of three years to cover Mason County's costs in restoring a wetland in the case that the Postier's failed to do so themselves. The three-year holding a y g period on this project is scheduled to expire in February 2006_ Upon my review of this project, I have decided to extend the bond holding period until January 2007_ I have discussed this matter with the Postier's, and they are aware of the additional holding timeframe for this bond. Please extend the release date for the bond to January 2007. At that time, I will reinspect the site and determine whether the bond should be released to the Postier's or not and notify you accordingly. Thank you for your assistance ,in this matter. Please feel free to contact me if you should have any questions. Sincerely, Stephanie Pawlawski Planner, Code Enforcement Mason County Planning Department (360) 427-9670 ext. 602 stephap&o.rnason.wa.us No I InSHH T INaS •Sod ££,00 Z dovsn SZ:OT OZ/TO HWIZ *is QI NOI,LOdNNOO SSd2IUMS ZL£Z£9£96609LZ09£T6 'Ids NOI1OdNNOD OT£Z ON XH/XZ XO NOISSINSNVHI T00E XVd SZ:0T 9OOZ/OZ/TO /D MASON COUNTY Type of Permit: �eshocatlllor�j Owner/Developer/Contractor: 1 ' I G Y"K _ 1 C k i e L _ Type of Improvement: Project Location: L4 Legal Description of Property: C_ -Short With reference to the above-identified matter, this will certify that this institution has a savings account (or loan) for the above-referenced owner/developer/contractor for the project so identified. In consideration of the permitted improvement, and in lieu of a performance bond, this institution hereby agrees that it will freeze the following sums of money for the indicated improvement pending written authorization for release of said funds by the County of ason 'n t amou�►t of 5, $ _� t°t oIIars. The total sum indicated will be withheld by this institution from any disbursements of any kind until written authorization has been received by this institution for the County of Mason to release the sum of money indicated by the written authorization from the County. The design, location, materials and other specifications for the indicated improvement are those required by the County of Mason as appears in the above-referenced document/permit, and shall be in compliance with the Mason County Resource Ordinance No. 77-93. These funds shall be held by the institution for a period of t 3 /ears. In the event the Contractor/Developer/Owner does not comply to the aforementioned requirements, the County of Mason may demand, and the institution shall make, payment to the County of Mason of said funds so that the necessary repairs can be performed immediately to Mason County standards. The institution shall not be liable to the owner for any disbursement of said funds to the County of Mason. - Page 1 of 2 - It is hereby specifically agreed by and between the parties hereto that in the event that any legal action must be taken to enforce the provisions of this bond or to collect said bond, that the prevailing party shall be entitled to collect its cost and reasonable attorneys' fees as a part of the reasonable costs of securing the obligation hereunder. In the event of a settlement or resolution of these issues, prior to the filing of any suit, the actual costs incurred by the County, including reasonable attorneys' fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said body as a part of any recovery in any judicial proceeding, in addition to recovery on the 1bond. APPROVED: 1 �� NAME OF BANK/PHON��160l (I1 IJJ i�CC(N;rd . ACCEPTED: T1 W OFFICER/TITLE 2c, R:)C_y, A BANK ADDRESS a-1Lt—o DATE P W00 I��J G oSSION 4 ACCOUNT NUMBER NOTAR Y" STATE OF WASHINGTON, PUg0C /�, tv V;X_0 0.Ir O�AJ O 7 •••••'hh•.� . 'ual Acknowledgement)County of Mca�,� �pF WASH g ) Notary Public in and for the State of Washington, residing at c.��C' , do hereby certify that on this day of '�06�,r:. , 20 , personally appeared before me 'J\J1 to nie known to be the individual described herein and who executed the within instrument and acknowledged that b signed and sealed the same as�free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this ILl day of;:�L, 20Z Notary Public in and for the State of Washington, residing at ���G��' in said County. My Commission expires -Page 2 of 2- Bacon's Tree Farm . 9381 W. Old Belfair Hwy 4� Estimate Bremerton, WA 98312 - Number: E101 Date: February 06, 2003 Bill To: Ship To: Mark& Mickie Postier Restoration Address 431 NE Mission Creek Road 6981 Tahuya Blacksmith Rd. Belfair, WA 98528 Parcel 22304-77-90100 Project Restoration Project Description Quantity/Hours Price/Rate Tax Amount Installation of Plants per county's 0.00 specifications. Sword Fern Plants 250.00 1.25 V 312.50 Cedar Seedlings 12.00 3.00 d 36.00 Evergreen Huckelberry 250.00 1.80 V 450.00 Salal 250.00 1.60 400.00 Labor 1.00 500.00 V 500.00 Sub-Total $1,698.50 State Tax 8.30% on 1,698.50 140.98 Total $1,839.48 o �$01; copes MASON COUNTY � aA 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 �Bs¢ nl', L a µ/'I/0-� April 3, 2007 Peninsula Community Federal Credit Union PO Box 206 Belfair, WA 98528 Attn: Branch Manager To whom it may concern, I am writing in regard to account number 24905-79, which is a joint interest bond account held by you for Mark & Mickie Postier and Mason County. On behalf of Mason County, I am requesting that the full bond amount of$1,839.48 be released to Mr. And Mrs. Postier, and that Mason County be cleared of all interest in this account. Thank you for your assistance in this matter. Sincerely, �r v Stephanie Pawlawski Planner, Code Enforcement Mason County Planning Department (360)427-9670 ext. 602 stephap@co.mason.wa.us end:Original Bond Form f UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �i KRISTIN FRENCH 0 `- M, MASON COUNTY PLANNING Co P O BOX 279 u M SHELTON WA 98584 D N I Zcm Z Lo Z `Tk'•�:i�4�i.-4i'i'�'"'� II.I,.I,.I..I.i.1..1..f..111.....1;i1...11.1..1.,.11.1....1./1 KRISTIN FRENCH 4 �pN COUNTY PLANNING . . . P O BOX 279 W6 SHELTON WA 98584 ❑Aat rn ❑Addressee ru N . ted Name) C. Date of Delivery f1.1 _ r-1 Postage $ ms different from item 17 ❑Yes Ln :livery address below: ❑ No � Certified Fee ill- Postmark Return Receipt Fee Here m (Endorsement Required) C3 ` . p Restricted Delivery Fee a O (Endorsement Required) O Total Postage&Fees V S it ❑ Express Mail L;ntTo �F ZZ - 9vlw p_. ❑ Return Receipt for Merchandise // ❑C.O.D. 3 / K dO Box No. /M t S S 1 � � K e Extra Fee---- --... - -... - - ...-._.... ry' ) ❑Yes o siaie,zfP+4 9 kz 9 y 7 S- f~ rPS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 � r a ( ' f+ •' • K•r' � �/��. s 4s •` _ R tires ''G : , ,� rt..>�. - � _ '.�•� a- /• . � l �� :.`" s _ ~ '�, _ `t �•1. ► 11f Fes. f'� ^ �'�• •< �-4' '`+►��^� "`7� i � t�-'iy�• _-t-. . . ter.. �+. �� .' �_ �• �'�. i = y►�y :.�.., �"'a•�!► 1.�� .+��,. � • � . -1��t ram• _ �1�� t �r lw � . • -foe , I lbs a `Ydo Ilk � J lle .. I _ � ''' � fir► 7 YklA M r • ,ems-,,�. f � •, � , _� ..r�. ',�'� 14 i �/ ti • / r 11��_ �r� c• L �►tr 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 PCFcrt January 20, 2006 Peninsula Community Federal Credit Union PO Box 206 Belfair, WA 98528 Attn: Branch Manager To whom it may concern, I am writing in regard to account number 24905-79, which is a joint interest bond held by you for Mark &Mickie Postier and Mason County. This bond is being held for a period of three years to cover Mason County's costs in restoring a wetland in the case that the Postier's failed to do so themselves. The three-year holding period on this project is scheduled to expire in February 2006. Upon my review of this project, I have decided to extend the bond holding period until January 2007. 1 have discussed this matter with the Postier's, and they are aware of the additional holding timeframe for this bond. Please extend the release date for the bond to January 2007. At that time, I will reinspect the site and determine whether the bond should be released to the Postier's or not and notify you accordingly. Thank you for your assistance in this matter. Please feel free to contact me if you should have any questions. Sincerely, T L 8 11cA9 Ir,rjwcY k 1 sic k6we i-.rrCL4,+1 Stephanie Pawlawski a Planner, Code Enforcement Mason County Planning Department hcwt hccv� «Acc.01 (360) 427-9670 ext. 602 n�a1r.7r ves . stephap@co.mason.wa.us 0"Vck aye In ' t � •�hx >� �'cl�a��J Tic�ln D 7. ?5� 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 January 12, 2006 Mark and Mickie Postier 431 NE Mission Creek Road Belfair, WA 98528 RE: Restoration on Parcel 22304-77-90100 Dear Mr. And Mrs. Postier, I am writing in response to your request for Mason County to perform the final inspection on the restoration activities at 6981 NE Tahuya-Blacksmith Road in Belfair. I received this request on Thursday, January 5, 2006 in a voicemail message from Mickie Postier. On January 11, 2006, I was provided with a copy of the Monitoring Report that was done by Lee Boad Habitat Management Planning and Wetland Services on January 4, 2006. There have been no other annual reports submitted, as were required on an annual basis under the Mason County Resource Ordinance section 17.01.210. The Monitoring Report that I received addresses the survival of the western red cedar and western hemlock trees,however does not give mention to the survival rates of the 250 sword fern plants, 250 Evergreen Huckleberry, and 250 Salal that were also to be planted during the initial restoration phase. On January 11, 2006, I performed a site inspection to observe the current conditions of the buffer. At that time, I observed 19 flagged trees within the buffer area, and all appeared to be healthy, but were not planted at the prescribed ratio of 10-12 feet apart. This may cause mortality rates to rise as the trees get older and crowd each other. The restoration plan that was done in February 2003 discussed shrub plantings at a 1:1 ratio and 2 foot spacing. These were all to be marked with pink flagging for easy identification. During my inspection, I did not see any huckleberry or salal in the affected buffer area; nor were there any shrubs with pink flagging. Given that there were supposed to be 750 shrubs planted three years ago, I am disappointed with the condition of the site as it currently stands. It is apparent that invasive plants such as blackberries were allowed to enter the site and were not removed until recently. This recent removal may be the cause of the widespread death of the other low-growing plants in the buffer. It does not appear that any of the 750 prescribed shrubs were planted in this buffer, and those ferns that are there now were seeded naturally. For these reasons, I am going to extend the monitoring period for one additional year from the date of this letter. I will perform a six-month evaluation in July to see that the shrubs prescribed in the original restoration plan have been installed in the buffer and that invasive species have been removed. I will again inspect the site in January 2007 to monitor the survival of these plants. If an overall survival rate of at least 80% is apparent at the end of one year, the bond will be released and the enforcement case will be closed. Thank you for your anticipated cooperation. Sincerely, (� Stephanie Pawlawski Planner, Code Enforcement (360) 427-9670 ext. 602 stephap@co.mason.wa.us MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 February 24, 2003 Mark and Mickie Postier 431 NE Mission Creek Rd. Belfair, WA 98528-9475 RE: Restoration Plan; Tax Parcel Number 22304-77-90100 Dear Mr. And Mrs. Postier: On February 20, 2003, I received your Restoration Plan, Restoration Bond and $350 Restoration Plan Review Fee. A payment receipt is enclosed. I have reviewed the Restoration Plan and have determined that it is a well-prepared plan that meets the requirements of the Mason County Re source Ordinance. At this time, Enforcement Case number ENF2002-00340 has been closed. A restoration file has been created in its place. The restoration file will be tracked for three years to ensure successful restoration of the site pursuant to the Restoration Plan. The $1,839.48 Restoration Bond will be released at the end of the three-year monitoring period if successful restoration has been achieved. I would like to thank you for your prompt attention to this matter. Your cooperation is certainly appreciated. If you have any questions during the monitoring period, please contact me at(360) 427-9670 ext. 593. Sincerely, Kristin French Code Enforcement MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Mason County Bldg. 1 411 N.5th P.O.Box 279 Shelton,WA 98584 (360) 427-9670 Belfair (360) 275-4467 Elma (360) 482-5269 Seattle (206) 464-6968 January 9, 2003 Mark and Mickie Postier 431 NE Mission Creek Rd. Belfair, WA 98528-9475 RE: Site evaluation; Tax Parcel Number 22304-77-90100 Dear Mr. And Mrs. Postier: I recently conducted a site evaluation of the above noted tax parcel number, in response to a complaint forwarded to me. While working on-site on an adjacent parcel, Planner Rick Mraz noted that trees and vegetation on your parcel have been removed from the regulated wetland buffer area and the wetland area itself. The wetlands associated with Erickson Lake are regulated as Category III Wetland and,pursuant to Mason County Resource Ordinance section 17.01.070, a 50' vegetated buffer area is required to remain intact (measured from the determined edge of the wetland itself). A copy of section 17.01.070 is enclosed for your review. In performing file research to address this complaint, I learned that you acquired this parcel in 2000. 1 also learned that in 1994, the former property owners cleared almost 60%of the conifers from the area between the house and lake. The owners were required to replant the vegetated buffer area. At the time of my inspection on December 20, 2002, 1 observed that an approximately 60' wide swath has been completely cleared of all trees and vegetation. Additionally, the clearing activity has removed the wetland vegetation from the actual wetland area itself, forward of the Ordinary High Water Mark. The purpose of this letter is to request that you restore the wetland and wetland buffer area to achieve compliance with Mason County Resource Ordinance section 17.01.070. 1 have enclosed a list of qualified wetland consultants for your reference. You will need to contract with a qualified professional to have a Restoration Plan prepared for the area that has been disturbed. The Restoration Plan shall meet all of the requirements imposed by Mason County Resource Ordinance section 17.01.200(I)—enclosed. The plan shall provide for monitoring by the qualified professional, and shall be accompanied by a Restoration Bond (form enclosed) in an amount sufficient to cover the cost of conformance with the recommendations contained in the Restoration Plan. The Restoration Plan and Restoration Bond will be held by Mason County for three years, and the project success will be tracked during this time. The only fee associated with this tracking is a$350 Restoration Plan Review fee. The case will be closed and the bond will be released if successful restoration of the site has been completed at the end of the three-year tracking period. Please submit the following by February 21, 2003: • Restoration Plan • Restoration Bond • $350 Restoration Plan Review fee If you have questions or concerns regarding this matter, or if you feel that you have received this letter in error, please contact me at(360)427-9670 ext. 593. If you reach my voice-mail,please leave a return phone number and I will return your call. If the Restoration Plan, Restoration Bond, and$350 Restoration Plan Review fee are not received by February 21, 2003, a hearing date will be set. If this matter proceeds to a hearing, you may be found responsible for costs incurred by the County in addition to fines imposed. Thank you for your anticipated cooperation. I look forward to working with you to resolve this matter. Sincerely, Kristin French Code Enforcement INQUIRY BY NAME Name Cd POST4500 MARK R & MICKIE L POSTIER 431 NE MISSION CREEK RD BELFAIR, WA 985289475 1 PP 30 03603 75 GREAT LAKES 66 x 14 0 T 1150 MH 2 PP 30 03743 89 LIBERTY WMSBURG 56 x 14 0 T 1150 MH 3 PP 30 03867 91 FLTWD/GREENHILL 44 x 27 0 T 1150 MH 4 RP 22304 77 90100 TR 10-B OF SURV 13/40 90 , 805 T TR B OF SP 41790 1872 5 RP 22325 50 02001 MISSION CREEK 63 , 930 T BLK: 2 LOT : 1 1801 6 RP 22325 50 03018 MISSION CREEK 38, 220 T BLK: 3 LOT : 18 1801 7 RP 22336 13 00110 TR 11 OF SW NE 54 , 465 T 1112 8 RP 22336 31 00000 NE SW * 322 , 705 T PCL 2 OF BLA 497-28 #646956 1113 Inquiry Type VL Select Line # 00 -or- Search for Parcel CMD 7 for EOJ HELP key Allowed b,�e \j eCI I �' U, 4-G.e 7 From: Rebecca Hersha To: Pawlawski, Stephanie Date: 1/9/2006 2:43:44 PM Subject: 3 years completed, according to PO Hi Stephanie, There were a few messages on my voicemail that I wasn't sure if anyone had dealt with them yet. I am not sure who to forward them to. Dec 28th - Nikki Postere-275-9652 Wants a the 3 year sign off. SHe did remove the blackberry vines as asked. Dec 11 th - Kim Crates-731-0177 Also wants the 3 year sign off- restoration is complete. Parcel #223047790100 Tract B Thanks! -Rebecca 3 - L:F �S V o 1 c.e.w.c�._, W O R a.A 1/1 JL c,+ MASON COUNTY Receipt Number L)EPARTMENT OF COMMUNITY DEVELOPMENT P.O. Box Shelton, WA 9nd /1 U Check Name ji I[ I� b I /� f �.. Date: l/ f YL)- Applicant's Name � � c J 1� - �� %t/J M46 Permit# Building Department FEE Planning Department FEE Fire Marshal FEE 322.10 322.10 345.83 322.90 Permit Fee Permits Burn Permit Mechanical Fee 345.83.09 Mechanical Base Fee Pre-Application 345.83 Wood/Gas/Pellet/Stove Admin. Determination Plan Review Plumbing Fee Plumbing Base Fee 341.50 321.30 Publications Fire Marshal 386.00.05 Maps State Fee 341.69 344.04.94 N08289 Duplications Smoke Alarm 345.83 Plan Check 342.40 341.30 Shoreline Inspection . Records Services 346.50.00 Environmental Health 345.83.01 342.40 SEPA Checklist Pre-Inspections 342.40 Pre-Inspection 345.83.02 321.30 Subdivision Fee Fireworks 341.50 Publications 345.83.03 322.10 Bld.Permit Review Fire Alarm System 341.69 Sprinkler System Duplications 345.83.04 Fixed Fire System Critical Area Abatement �-Y,- �t�,a) ; 322.80 322.80 345.83.05 Penalties Penalties Comp Plan/Devel. Regs 369.90 342.40 345.83.06 Miscellaneous Invest Inspect. FPA Moritorium 001.260.000 105.000.000 369.90 Treasurer Public Works Address 369.90 343.20 322.8 NSF Fee Engineer eroices Hearings Examiner Treasurer's Trust Received By: t ( 4 Total: Comments ❑ Cash Amount ❑ Check Amount Check# X) /O�C� TAX PARCEL NUMBER: OWNER: VIOLATION: STATUS: `t k DATE: L- v -U SITE VISIT NOTES: L 1 IN 4/4/2007 Case Activity Listing 10:33:18.QM Case#: ENF2002-00340 Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By ENFA010 Complaint Received 12/13/2002 None DONE klf KLF 12/13/2002 KLF ENFB002 Site Invest 12/20/2002 None DONE klf KLF 12/26/2002 KLF 12/20/02-site inspection and photos. Observed a swath cleared completely forward of OHW and landward towards residence. Close to the water,the cleared area is approximately 60'in width. ENFA910 Meeting 1/7/2003 None DONE klf KLF 1/9/2003 KLF in103-met with RAM to discuss how he became aware of the violation. He was performing site evaluations on an adjacent parcel and noticed the significant clearing during his second site evaluation. He does not remember the parcel being cleared completely during his first site evaluation. klf. ENFM999 Attached Document 1/9/2003 None DONE KLF KLF 2/24/2003 KLF 1/9/03-letter 1 st class and certified to owners requiring restoration submittals by February 21,2003.(see file).klf. ENFA913 Application Received-ATF 2/20/2003 2/24/2003 None DONE KLF KLF 2/24/2003 KLF 224/03-reviewed restoration plan and determined that it meets ordinance requirements. Enforcement case file ENF2002-00340 to be closed,and restoration file created. Restoration file located in K LF's office,will be tracked for three years to ensure successful restoration.Bond to be released by February 14,2006 if successful restoration accomplished.kl£ ENFC004 Complaint Resolved 12/13/2002 2/24/2003 None DONE KLF KLF 2/24/2003 KLF 224/03-case closed. Restoration file being monitored for three years.see notes above.klf. ENFB001 Inspection 1/5/2006 1/11/2006 None DONE Sip Sip 1/23/2006 Sip Final Inspection performed to see if compliance with restoration plan has been achieved. There were supposed to have been 750 shrubs planted,none of which were evident on the site. There was a lot of understory growth that was all brown and dead. I counted 19 flagged trees,and that was it. It was evident that blackberry had been allowed to takeover the site over the past few years and it was recently cut.This overgrowth is probably what killed all of the understory. I have reviewed this with other staff members and I am going to extend the monitoring period for one year to see if the new buyer of the property will get everything re-established and healthy. sjp ENFD20 Restoration Plan Received 2/6/2003 1/15/2007 None DONE KLF 4/4/2007 Sip Plan prepared by Lee Boad. Monitor until 2/6/06.klf. Conditions of plan not met during three-year monitoring. Extend for one year. sjp ENFD10 Restoration Bond Received 2/20/2003 1/15/2007 None DONE KLF 4/4/2007 Sip $1,839.48 Restoration Bond Received. Review 220/06 and release if appropriate.klf. Monitoring period extended,see notes in"Monitoring"line and in 'Inspection"from 1/11/06. Page 1 of 2 CaseActivity..rpt Case ActivityListing4/ 10:33:18*M18AM Case#: ENF2002-00340 P14I 1 Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By ENFE10 Monitoring 2/20/2003 1/15/2007 None DONE KLF KLF 4/4/2007 Sip $1,839.48 Restoration Bond Received Review 2/20/06 and release if appropriate.klf. 1/12/06: Because of the disappointing state of the site and inaccurate Monitoring Report,I am extending the Monitoring Phase for one additional year. The new buyer is supposed to be adding in more plants. I will re-inspect the site in 6 months and in 1 year,and close if necessary.sjp ENFD200 Bond Released 4/4/2007 None Sip 4/4/2007 Sip ENFC050 Complaint Closed 4/4/2007 None DONE Sip 4/4/2007 Sip Restoration complete. New owner of property has been constantly supplementing the restoration area with additional native plantings. Project complete,bond release sent to Peninsula Community Credit Union on 4/4/07. Page 2 of 2 CaseActivity..rpt