Loading...
HomeMy WebLinkAboutPossible Unpermitted Work Being Done in a FWHCA Buffer - BLD Letters / Memos - 10/21/2008 / P6oN Co MASON COUNTY � Tp 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 �as4 DATE: September 29, 2008 TO: Mr. Phil Bennett P.O. Box 1863 Belfair, WA 98528 FROM: James Scholz, Planner-Mason County Planning Dept. RE: Meeting on Enforcement Action Dear Mr. Bennett, Per our phone conversation today I am writing to request a meeting to discuss possible options for resolving the enforcement actions that stem from non- permitted development on your parcel (32224-50-00032) located near 11031 NE North Shore Road. After a discussion with Ryan Crater, the senior enforcement planner, we felt that a personal meeting would be more advantageous for both parties concerned. Monday's (anytime) and Tuesday's (morning) are perhaps the best time for Ryan and I, but we will be happy to accommodate your schedule where possible. The purpose of the meeting is to discuss both the nature of the violations, so that you can understand the reasons behind the enforcement actions, and possible options available to you for resolving the enforcement cases. Additionally we will try and work with you, where possible, to incorporate any proposed development (the retaining rock wall) that you have made application for into the enforcement case resolution. Please contact me upon receipt of this letter so that we can set up a time for this meeting. Please contact me either by phone (427-9670 Ext294 or by e-mail JimScCa).www.co.mason.wa.us to acknowledge the receipt of this letter and to set up a possible meeting date/time. Thank , James Scholz Mason Count%Arearner Code Enforcement Investigation Report Form / Mason County Shoreline Master Program Mason County Shoreline Master Program Code Selection Sheet Enforcement Case# 6 — 0 O l 3 3 1 1 0-7 ( ®� Date: 2 © — OV 0`1�- Project Classification Applicable Subsections Notes: Code Enforcement Planner: Code Enforcement Investigation Report Form / Mason County Resource Ordinance Mason County Resource Ordinance Code Selection Sheet Er- 20010— p \ "33 — tt lob , ob Enforcement Case # �tj V — 2 op -- O o© C, Date: Yes/No Section Title Applicable Subsections Y/N 17.01.070 Wetlands �\o Y/N 17.01-11t F&W Areas G 6 AMP c 01 -7 l� N 17.01.100 LHA Y/N 17.01. Notes: AA M4 z - oa io C 5 v Code Enforcement Planner: Here is the information the County has put together on the two enforcement cases (ENF2006-00133 &ENF2008-00098 associated with work done on your parcel. The violations related to the two cases include: working within a possible landslide hazard area without an approved geological report, cutting and removing native vegetation within a regulated Fish and Wildlife Habitat Conservation Area buffer and shoreline buffer without proper permits, small front loader on site doing work within ten (10)feet of the OHWV(material may be going into water),grading, and filling within 200 feet of the shoreline without the proper permits. Listed below are the specific Mason County Resource Ordinances and Shoreline Master Plan Use Regulations that are related to the above-mentioned violations. Provided are copies of the relevant Mason County Critical Areas Ordinances and the Shoreline Master Plan Use Regulations for your information. Violation #1 Landslide Hazard Areas MCRO 17.01.100.E.1 (category a): Development within 300 feet of areas slopes greater than 40%will require a Geo-Technical Report(see page 6). Violation #2 Fish and Wildlife Habitat Conservation Areas MCRO 17.01.110.G.La& b: The removal, excavation, grading, dumping, discharging or filling of any material.........and the destruction or alteration of FWHCA's or their buffers through clearing. .........or vegetation removal..........(see page 70). Violation #3: MC Shoreline Master Plan 17.060 Use Regulations Landfill Chapter: The creation of or addition to a dry upland area by depositing material (non-water dependent upland landfill requires a conditional use permit). Listed below are the two options available to you for reconciling the above mentioned enforcement cases: Option #1 Cease all non-permitted projects on the waterside(Hood Canal) of your parcel on North Shore Road and agree to complete the following three criteria: ➢ Submit a MEP(Mason Environmental Permit)-You can use the MEP that you have already submitted and paid for(the original MEP did address the development of the road). ➢ Submit a Full Geo-Report along with a Submittal Checklist for review and approval by Mason County Planning Staff. ➢ Revise the original HMP that was submitted by Lee Boad(as part of the SFR development proposal)and resubmit it as Restoration Plan that addresses the restoration of the entire waterside bank including the area where the road was cut to its original vegetative condition including the removal of any type of fill(gravel,etc)that was brought in during the recent road development and the removal of any other foreign material from the shoreline buffer(concrete foundation material). The Restoration Plan must include the cost for the total amount of restoration over three years and needs to include costs for the following: plants,labor to install them,monitoring t . cost for three years by a qualified professional.Please note that you will need to post a bond to cover the entire cost of the restoration plan from start to finish over the three-year period. Total cost must be submitted by a qualified consultant or contained within the updated restoration plan prepared by a qualified consultant.The intent of the restoration is to return the site to pre-existing conditions,which in this case was a naturally vegetative shoreline. Once the Restoration Plan has been submitted and reviewed and the necessary bond posted you must begin the cleanup and restoration process per the schedule in the approved Restoration Plan. Option #2 Cease non-permitted projects on the waterside (Hood Canal) of your parcel on North Shore Road and agree to follow the Mason County permit process for any type of further development on the parcel: ➢ Submit an updated MEP that addresses all of the development that you are proposing. ➢ Submit a Geo-Report along with a Submittal Checklist for review and approval by Mason County Planning Staff.The Geo-Report must address all of the development that you are proposing. ➢ Submit an application for and pay the necessary HEX(Hearing Exam)fees for a MCRO Variance Permit(that addresses the construction of the Rock Wall within a critical area buffer and building setback). ➢ Submit an application for and pay the necessary HEX(Hearing Exam)fees for a Shoreline Conditional Use Permit(that addresses the Landfill Chapter of the Shoreline Master Plan(SMP)Non-Water Dependent Upland Fill require a Conditional Use Permit. - ➢ Submit an application for and pay the necessary HEX(Hearing Exam)fees for a Shoreline Substantial Development Permit for the construction of the Rock Wall.The proposed Rock Wall is not exempt under WAC 173-27-040(2)(a)&(g).The proposal exceeds$5,718 and is not a"normal appurtenance"to a Single Family Resident. ➢ Submit a supplemental Restoration Plan(in addition)to the already submitted Habitat Management Plan that addresses the immediate restoration of the area(bank directly adjacent to Hood Canal and below the non-permitted graded road). The supplemental Restoration Plan must include the cost for the total amount of restoration over three years and needs to include costs for the following:plants,labor to install them,monitoring cost for three years by a qualified professional.You will also need to post a bond to cover the entire cost of the restoration plan from start to finish over the three- year period. Total cost must be submitted by a qualified consultant or contained within the updated restoration plan prepared by a qualified consultant. Once again the intent of the restoration is to return this specific area of the site to its pre-existing conditions,which in this case was a naturally vegetative shoreline.You must also agree to install all the necessary erosion measures prior to construction and during construction and use all Best Management Practices throughout both the restoration phase and development phase. Phil Bennett near 11031 North Shore Road Proposed Building of Rock Wall on waterside (Hood Canal) of applicants parcel. The proposed building site has a history of violations and enforcement actions ENF2006-00013 (Trees cut and narrow road-like surface cut into hillside in shoreline buffer. Small front loader on site doing work up to OHWM- dirt material may be going into water. Grading, and filling within 200 feet of the shoreline without proper permits. Cutting and removing native vegetation within a regulated shoreline buffer without proper permits, working within a landslide hazard area without an approved geological report. After reviewing the case file I have made the following determination and steps necessary to resolve this case. The below items will need to be taken care of before you will receive approval for any submitted or future permits for this parcel. Submit a Mason Environmental Permit (MEP) and after the fact fees of$1,680 to the Permit Assistance Center in Building 3 (Please note that I am in receipt of your MEP, but that you still need to submit the remaining fees as this is an enforcement case. Call me for remaining fees due). Re-submit your Habitat Management Plan as a Restoration Plan. Your restoration plan needs to be updated to include the cost for the total amount of the restoration over three years,which needs to include costs for the following: plants, labor to install them, and monitoring cost for three years by a qualified professional. Please note that the proposed house location has not been approved through a Resource Ordinance Variance, so that area will need to be restored to pre-disturbed conditions. Submit or re-submit a geo-report for approval. Please submit the requested items to the Permit Assistance Center in Building 3 attention Ryan Crater case number ENF2006-00133. Please note that you will need to post a bond for the restoration plan to cover the cost of the entire restoration project from start to finish over three years. Title notification of Restoration Plan will also need to be done. Total cost must be submitted by a qualified consultant or contained within the updated restoration plan prepared by a qualified consultant. The intent of the restoration is to return the site to pre-existing condition, which in this case was a naturally vegetative shoreline. Please review the following included documents: MCRO 17.01.110 Fish and Wildlife Habitat Conservation Areas MCRO 17.01.210 Restoration MCRO 17.01.100 Landslide Hazard Areas Title 15.13 Enforcement Definition of a Qualified Consultant Title 8 items are the same as MCRO Mason County Bond Form Title Notification of Restoration Plan You have 30 working days from receipt of this letter to complete the above requested items. No extension will be granted for submitting the requested items. An extension can be granted for the completion of the Restoration Plan or any other reports requested. To receive an extension for the Restoration Plan or other reports requested the Consultant must submit in writing the request and an approximate start date for the work to begin and an approximate completion date. A phone call from your consultant can substitute for a written request. If the requested items are not submitted within 30 working days (By Feb 2, 2008) a hearing will be scheduled and you will be fined up to $1,000 a day (From the date of 11/14/07) for violating the stated county code in this letter. You will also be responsible for the cost of the hearing and any other associated enforcement charges. Please contact me immediately with any questions or to set up a meeting at ext. 577. I believe the enforcement action is on hold at this time pending Mr. Bennett's application for the necessary permits (MEP) and for the Revised Habitat Restoration Plan. ➢ Has applied for an MEP and has stated that he has submitted a Habitat Management Plan but it cannot be located. Have been in contact with Mr., Lee Boad (author of plan) to get a copy, Mr. Bennett has not submitted a Habitat Restoration Plan. ➢ Has submitted a GeoTechnical Assessment Addendum from GeoResources LLC who previously did a GeoTechnical Report for a proposed residence on the same site. Did not submit a copy of the original (May 17, 2004) GeoTechnical report . Have inspected the proposed building site and measured slopes using a field clinometer. Readings indicate the slopes range from 60% to 80%. I ➢ Has applied for a building permit for rock wall, along with required site plans. ➢ Has also submitted a proposed rockery design and construction recommendations from certified engineers (N.L. Olson and Associates Inc.) ,360,427-9670 MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION P.O. Box 279, Shelton, WA 98584 ALL PERSONS ARE HEREBY ORDERED TO AT ONCE TOP WORK On These Premises at C) 3 j 1 r, This order is issued because A.M. Posted©b 1114 016 P.M) Z- © N B Y The failure to stop work, the resuming of work without permis4 from the WARNING Department of Community Development,orthe removal,mutilation,destruc- tion or concealment of this Notice is punishable by fine and imprisonment. Case Activity Listing 2/2/2009 12:22:30PM Case #: ENF2008-00098 Assigned Done Activity Description Date 1 Date 2 Date 3 Hold Disp To By Updated Updated By ENFA911 Miscellaneous Action 7/30/2008 None 7/30/2008 KLW Routed for inspection in Bldg#3 ENFA911 Miscellaneous Action 10/20/2008 6/19/2008 None DONE JMS 10/20/2008 JMS 06/19/08 Stop work order posted on site by Jim Scholz for unpermitted work in buffer-JMS ENFA010 Complaint Received 6/25/2008 6/25/2008 None DONE REC KLW 6/25/2008 KLW Possible unpermitted work being done in a FWHCA buffer(Hood Canal)Possible grading and excavating in a landslide hazard area without current geo report or assessment ENFB 140 Notice of Complaint Received 6/25/2008 None DONE REC KLW 6/25/2008 KLW ENFA911 Miscellaneous Action 10/20/2008 9/29/2008 None DONE JMS 10/20/2008 JMS Set up meeting with Mr.Bennett for October 20th to discuss violations and possible options for resolving these violations. ENFC004 Complaint Resolved 10/21/2008 None DONE JMS 10/21/2008 JMS Both Ryan Crater and James Scholz met with Mr.Bennett at the Planning Office on Oct.20,2008 and resolved and closed both cases(ENF2006-00133 and ENF2008-00098).Mr Bennett has agreed to follow up on all permits before any further development.These would include submittal of a Geo-Report and a HMP that addresses all future development on his parcel and possible MC Resource Ordinance Variance and Shoreline Permits if necessary before continuing with any development.Jim Scholz will do a follow-up site inspection sometime in November to make sure Mr.Bennett has completed conditions which include removal of debris from shoreline,installation of erosion fence and Best management practices where applicable. Mr.Bennett will be allowed to use his parcel as a staging area for work being done on adjacent parcel but does not allow Mr.Bennett to increase development on his parcel.He must get all necessary permits before proceeding with any type of development on his parcel-JMS 10/22/08 Page 1 of 1 CaseActivity..rpt