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Home My WebLink AboutLand Disturbing Activity within Haven Lake Buffer - GRD Letters / Memos - 11/15/2017 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 SS P.O.Box 279 Shelton,WA 98584 f5 February 25, 2005 Michael and Sheila Walls 13411 Graywolf Pl. NE Poulsbo, WA 98370-8000 NOTICE OF MASON COUNTY CODE VIOLATION ENFORCEMENT CASE FILE NUMBER:ENF2005-00054 PARCELNUMBER: 22330-50-00070 SITE ADDRESS:Haven Lake Tracts 70 and 71 TAX ASSESSOR RECORD INFORMATION: Michael and Sheila Walls 13411 Graywolf Pl.NE Poulsbo, WA 98370-8000 Dear Mr. and Mrs. Walls: I recently inspected the above referenced parcel to evaluate vegetation removal (cutting of mature trees and removal of native vegetation down to bare soil)within the regulated buffer associated with the shoreline of Haven Lake. I measured and photographed the area in question,and observed that a new well was also constructed within the regulated buffer area. Photographs are enclosed for your reference. The regulated buffer area associated with Haven Lake is established pursuant to Mason County Resource Ordinance section 17.01.110(copy enclosed for your reference). On the vacant parcel (22330-50-00071),the buffer boundary is determined by averaging the setback distances of the cabin adjacent to the left(when looking at the lake)and the cabin to the right(cabin under your ownership on separate parcel). THIS AVERAGING METHOD IS UTILIZED ON CURVED SHORELINES, SUCH AS YOURS,WHERE THE COMMON STRAIGHT LINE METHOD IS NOT APPLICABLE. I determined that the cabin to the left is set back approximately 66' from the Ordinary High Water Mark. You can take a formal measurement from the watermost eave of your cabin to the Ordinary High Water Mark. If that distance is less than 35',you will use a default figure of 35' when applying section 17.01.110. Alternatively,if your cabin setback is more than 35' then you will use the true measurement. If I had an accurate measurement for your cabin's setback,I could give you an exact figure. While on-site, I did not take that measurement, so here is a HYPOTHETICAL calculation assuming a 35' cabin setback(you will need to measure your cabin's actual setback and insert that figure into the following for it to be accurate): 66' (adj. cabin setback)+35' (HYPOTHETICAL setback for your cabin)= 101' divided by 2= 50.5'. This means that no new structural improvements could be placed closer than 50.5'to the Ordinary High Water Mark. From the building setback figure of 50.5',you subtract 15' (equals 35.5'). This means that given the hypothetical 35' setback figure,you have a protected buffer area beginning 35.5' upland from the Ordinary High Water Mark and extending to the lake edge. ***Keep in mind that this is just a HYPOTHETICAL calculation designed so that you will see how to do the calculations once you formally measure your cabin's actual setback distance. IT IS IMPORTANT TO NOTE,HOWEVER,THAT THE 35' FIGURE IS A DEFAULT MINIMUM TO BE USED IF YOUR CABIN HAPPENS TO BE CLOSER TO THE LAKE THAN 35'. CONSEQUENTLY,IN NO CASE WILL YOUR BUFFER BE LESS THAN 35.5'IN WIDTH AND A BUILDING SETBACK OF 50.5' ON THE VACANT LOT. As we discussed,you should apply for a pre-inspection(application form enclosed)if you have questions regarding application of section 17.01.110(including exemptions/proposed location of a structure on this vacant lot). On the parcel with the existing cabin(22330-50-00070),the buffer boundary is determined by averaging the setback distances of the cabin adjacent to the left(when looking at the lake)and cabin adjacent to the right. This average figure is 66' +50' = 116' divided by 2=58'. This means that no new structural improvements can be placed closer than 58' to the Ordinary High Water Mark. From the building setback figure of 58',you subtract 15' (equals 43'). This means that the protected vegetative buffer begins 43' upland from the Ordinary High Water Mark and extends to the lake edge. I recognize that the information provided above is somewhat complicated. Please contact me if you have specific questions regarding the information, and schedule a pre-inspection if necessary to evaluate future development plans/options. The vegetation removal and well installation that occurred(primarily on parcel number 22330-50-00071)within the regulated buffer area constitutes a violation of Mason County Resource Ordinance section 17.01.110. To address this issue,you will need to refer to Mason County Resource Ordinance section 17.01.210(enclosed and highlighted). Item numbers 1,2,and 3 listed under section 17.01.210 will need to be completed and submitted by April 4,2005. The Restoration Plan will need to be prepared by a professional who meets the definition of a "Fish and Wildlife Professional,"as defined in the enclosed attachment(highlighted). You can use the Wetland Consultant List as a starting point when locating a qualified professional. The bond amount will need to be based on a reasonable,formal estimate for the costs associated with the Restoration Plan. In addition to the Restoration Plan and Restoration Bond,you will need to submit an"after the fact"Mason Environmental Permit application if you want to attempt to retain the new well within the regulated lake buffer area. A Mason Environmental Permit(MEP)application is enclosed,and will be reviewed pursuant to Mason County Resource Ordinance section 17.01.110(G)(2)(c). You have the option of pursuing"after the fact"permit approval to retain the well,or formally decommissioning the well and restoring the impacted buffer area. The "after the fact"MEP application fee is$1,530,and application does not guarantee approval. I believe that you stated that Davis Welldrilling performed the well installation(case number WEC2005-00015). You may wish to discuss this issue with that company. I measured the well setback at 24' from Ordinary High Water,which is within the regulated buffer and therefore constitutes a violation. It is important to note that Mason County case number WEC2005-00015 only authorizes well construction methods,NOT the well location. If you choose to decommission the well and restore the impacted buffer area,the only fee required will be a $360 Restoration Plan Review and Tracking Fee. Please submit the Restoration Plan,Restoration Bond and one of the following: EITHER"after the fact"Mason Environmental Permit application and$1,530 fee OR statement of intent to decommission the well(supported by Restoration Plan contents)and associated$360 fee. If you have questions regarding the compliance requirements,please contact me at(360)427- 9670 ext. 593. I anticipate receiving the submittal requirements by April 4, 2005. Upon receipt of the bond form and fee,I will close the enforcement case and create a tracking case file. Once per year, for a period of three years from completion of restoration activities, a qualified professional shall submit an annual report to the County(see Mason County Resource Ordinance section 17.01.210(2)—copy enclosed). The bond will be released following the three-year monitoring period, if the requirements of section 17.01.210(3)are satisfied. Thank you for anticipated cooperation. Sincerely, Kristin French Planner, Code Enforcement (^ 1 L(O S�a�o �� Y • w 71 MASON COUNTY 427-9670 BUILDING DEPARTMENT ql', ALL PERSONS ARE HEREBY ORDERED Td T ONCE j4focicoo _ P � v t TOP y /?V alw 9,?e T#q On these Premises at This order is issued bec ause A.M. Posted P.M. 19 By The failure to stop work, the resuming of work without permission from the WARNING Building Official,or the removal, mutilation,destruction or concealment of this Notice is punishable by fine and imprisonment. o?a��Io - 50 - UOo r1 J - 81 n e L-n e- a a n le ,,— L&-4/x G; 1 Kristin French Senior Planner—Code Enforcement Phone:(360)427-9670 ext.593 Fax:(360)427-8425 ' frenchkna co.mason.wa.us PO Box 279 Shelton,WA 98584 INSTRUCTIONS FOR INSPECTION: NF NUMBER: ENF7005-00054 TAX PARCEL NUMBER: 22330-50-00070 ZONING DESIGNATION: not relevant DRESS: 81/83 NE HAVEN LN AME: MICHAEL WALLS OLATION: AND DISTURBING ACTIVITY W/I HAVEN LAKE BUFFER . . . . .. ... ..... ... ........ .... .. ....... ... .. . ............... . STATUS �V=ALID UNSURE INVALID PRIORITY HIGH STANDARD LOW ATE ROUTED FOR INSPECTION:02/10/05 ATE OF INSPECTION: 2 5� SPECTOR: L F ONTACT WITH OWNER/ I,,) P OCCUPANT ES NO CONTACT PHONE/ PHONE: ADDRESS: DRESS 3bo 3+0- (o6)8 HOTOGRAPHS TAKEN NO TOP WORK ORDER POSTED �., o. b`6 *** Please input digital photographs into the applicable ENF case. If a Stop Work Order is posted,please retain photograph of posting and a copy of the Stop Work Order for file records—attach to this field sheet and return to Kristin French*** SITE EVALUATION NOTES/ SKETCH OF SITE /MEASUREMENTS: H Li S>; Q F3 vir-cl) s agT�-c T l.oT/ LoT C aBtfJ I