HomeMy WebLinkAboutShoreline Master Program Determination - SHR Letters / Memos - 12/27/1994 FINDINGS, CONCLUSIONS AND ORDER
DENNIS LAMPHERE APPEAL
The Mason County Board of Commissioners heard an appeal from Mr. Lamphere on December 13, 1994.
Mr.Lamphere appealed the County determination that Lake Erdman should be regulated under the Shoreline
Master Program and subsequently be designated and restricted by a conservancy designation.
FINDINGS
The Shorelines Act regulates shorelines of the state, defined as bodies of water over 20 acres in size.
A 1953 lake Wooten guadrangle map (USGS), photo revised 1968, determined lake size as 25.8 acres.
A 1957 survey by Washington State Department of Fisheries determined that the size of the lake was 20.14
acres, with the lake surface at 23.8 acres at the survey time.
A 1980 survey by Roger Lovitt and Associates, Inc. P.S. determined the lake size to be 17.8 acres.
Based upon Mr. Lovitt's survey,the Mason Regional Planning Council, on July 18, 1980 communicated that
the lake was not subject to the Shoreline Act Regulations.
In the summer of 1992 the County requested the Department of Ecology determine the ordinary high water
mark so the lake size could be determined.
On January 22, 1993 the Department of Ecology notified Mason County that the lake did meet the size
criteria and is classified as a shoreline of the state,as such is regulated under the Shoreline Master Program.
Both the appellant and the County agree that the lake level may have increased in size due to beaver activity
on the lake.
The Dept. of Ecology instruction for designation of Lake Erdman in the absence of designation in the Mason
County Shorelines Master Program is as follows:
"until an environment designation is established for the lake in the master program, the County
should determine and use the most appropriate designation for a site as developments or questions
arise. If a permit application is received before the program is amended, a designation can be
made as part of the findings and conclusions on a permit.'
The present lot sizes around the lake are 13 5-acre lots, plus 22 lots of less than 5 acres in size. There are
only four or five homes on the lake at this time.
The photographs and testimony indicate that Lake Erdman is in a relatively pristine state, characterized by
development with very low impact on the lake's natural state.
The owner of lot #7500070 is the only lakefront lot that has significant lake frontage, approximately 475'.
CONCLUSIONS
The Board concludes that the lake size has exceeded the 20 acre size in the majority of surveys.
FINDINGS, CONCLUSIONS AND ORDER
APPEAL - DENNIS LAMPHERE
Page 2
The Board concludes that whether beaver actually caused the increase in the size between 1980 and 1993
is not material in the decision, because beaver activity is a natural occurrence. Additionally, the lake size
prior to 1980 was documented as larger than 20 acres.
The Board concludes that the covenants on the development are, in some cases, more restrictive than the
Shoreline Master Program and will serve to protect the natural appearance of the lake.
The Board further concludes that Lake Erdman is most appropriately designated as Rural given the fact that
35 buildable lots already exist on the lake and that only 13 of the original five acre lots are intact.
ORDER
The County determination that Lake Erdman is regulated under the Shoreline Master Program is upheld.
The Board further orders that the designation of Conservancy is reversed and a designation of Rural is
ordered.
Dated this day of 1994.
BOARD OF MASON COUNTY COMMISSIONERS
)Ze •
M.L. Faughender William 0. Hunter Laura E. Porter
Chairperson Commissioner Commissioner
C: Planning
Dennis Lamphere
J:\TRACY\LAMPHERE
December 13 , 1994
To: Mason County Commissioners
From: Mason County Planning Staff - - Don Brush
Re: Shoreline Administrative Decision: Appeal
Staff Report
I. Introduction. This report evaluates an administrative appeal
filed pursuant to Shoreline Master Program section 7. 12 . 040 . The
decision involves the shoreline designation for Lake Erdman.
II. Appellant. Dennis Lamphere.
III. Location. Lake Erdman; Lot 7, Section 31, Township 23N,
Range 2W. The lot is located on the southwest corner of the lake.
IV. Proposal. The applicant owns a 5 acre lot which he has
proposed to short subdivide into three parcels. The proposal
consists of a 2 . 5 acre parcel, a 1. 12 acre parcel and a 1. 15 acre
parcel . The actual upland available for the lots is actually less
due to a rise in water level as a result of a beaver dam located at
the outlet of the lake.
V. Appeal Issue.
Decision
The Department of Community Development has administratively
determined that the applicable shoreline designation for this
proposed development is Conservancy. The minimum lot size in a
Conservancy environment is 5 acres .
History
In the summer of 1992 Mason County received a request from a
property owner living on the lake to conduct an investigation to
determine whether Lake Erdman, an undesignated shoreline, met the
size criteria for inclusion as a "shoreline of the state" bringing
it under regulatory authority of the Shoreline Management Act. In
determining the lake size an "ordinary high water mark"
determination was required; the agency charged with making such
determinations is the state Department of Ecology (DOE) . The site
was inspected in September and again in October of 1992 by
representatives of the wetland and shorelands sections of DOE and
by Mason County Planning Department staff . Review of maps dating
back to 1953 and 1957 indicated lake acreage exceeding the minimum
20 acre requirement. On January 22 , 1993 DOE notified Mason County
that the lake did meet the size criteria and is now officially
classified as a shoreline of the state.
Within the DOE letter the issue of the shoreline environment
(designation) was discussed as follows:
Until an environment designation is established for the lake
in the master program, the County should determine and use the
most appropriate designation for a site as developments or
questions arise. If a permit application is received before
the program is amended, a designation can be made as part of
the findings and conclusions on a permit.
Analysis/Determination
Upon receipt of the applicant' s preliminary short subdivision
proposal, this department made the decision that, in terms of this
proposal and land subdivisions generally at the lake, the
applicable shoreline designation is Conservancy. This decision was
based on the following factors:
- The western end of the lake is undeveloped. The applicant' s
property is one of several remaining 5 acre tracts fronting
the lake. (Several other lots have already been short
subdivided into smaller lots. At this time there are 20 lots
fronting the lake) .
- The majority of the lake is undeveloped. Setbacks from the
lake for the few existing residences are deep, resulting in an
"undeveloped" appearance.
- There are extensive associated wetland areas at the west end
of the lake including the applicant' s westerly lot.
- Concern has been expressed by lake residents to preserve the
"natural" character of the lake and to protect water quality.
- Continued short subdividing of the lots fronting the lake
will lead to an increase in density and the resultant impacts
to the lake in terms of future septic system failures, removal
of wetland vegetation/buffer areas, nutrient loading as a
result of lawn fertilization, etc.
The minimum lot size in a Conservancy designation is 5 acres. The
SMP definitions of Conservancy and the next alternative
designation, Rural, do not offer precise guidance with regard to
this determination. The minimum lot size in a Rural designation is
20 , 000 square feet (just under 1/2 acre) .
The applicant purchased the lake in 1978 and developed and
established covenants which are designed to achieve many of the
goals outlined in the SMP. The covenants are in many ways more
restrictive than the SMP including a minimum lot size limitation of
one acre.
Conclusion
It is this department' s determination that to preserve a semblance
of the natural character the lake now possesses while still
allowing a reasonable degree of development, the applicable
shoreline designation, with regard to land subdivision, is
Conservancy, with its density-limiting 5 acre minimum lot size.
12/94
DB
F-13-94 TUE 9:50 ARAMBURU LAW OFFICE FAX N0, 2066821376 P, 02
J. RiCHARD AIRAMBURU
ATTQRNEY AT LAW
J. Ft CHARD AQAr:L-UmU U SITE 20'-J, COLLEGE -LUO G:iLbliv4
J CFFRCY M EGo'"S 505 MADI5ON STREET
5EATTLE, WASHINCTON 9&04
l2C'E1 1525-9515
December 13 , 1994
Board of Commissioners
Mason County
426 west cedar street
Shelton WA 98584
Re: Environmental Designation for Lake Erdman
Under Shoreline Management Act
Dear Commissioners:
This office represents Andrew Bacon, the owner of a parcel of
property on Lake Erdman. Mr. Bacon has asked me to write to
you concerning an appeal from a decision of the Mason County
planning staff regarding the appropriate environmental
designation for the lake under the Shoreline Management Act.
Before discussing the merits of the proposal, I note that
public notice of this hearing has been very short, with
notices mailed on December 6 for a December 13 hearing.
Particularly during the holidays, this has made it difficult
to rearrange schedules and my client will not be able to
attend. It may be preferable to hold the hearing over for a
period of time to allow interested participants full
opportunity to be heard.
With respect to the merits of the proposal, Mr. Bacon strongly
supports the staff determination, as do many of his neighbors.
As the report indicates, Lake Erdman was only recently added
to the list of bodies of water covered by the Shoreline
Management Act. Until such time as a comprehensive review and
amendment of the Mason County Shoreline Master Program (MCSMP)
occurs, individual decisions on environmental designations
must be made.
Of the possible environmental determinations for this
property, there is little question but that the Conservancy
designation is most appropriate. A definition of the
Conservancy designation is found at §7 . 08 of the MCSMP. This
definition is drawn directly from that suggested by the
Department of Ecology in its Shorelines Regulations. See WAC
KC-13-94 TUE 9:50 ARAMBURU LAW OFFICE FAX NO. 2066821376 P, 03
December 13, 1994
Page 2
173-16-040(4) (11) . The objective of the Conservancy
environment is to "protect, Conserve and manage existing
natural resources . . . in order to insure a continuous flow
of recreational benefits to the public and to achieve
sustained resource utilization. " Activities permitted in the
conservancy zone should be those which "do not substantially
degrade the existing character" of the Conservancy
environment. The Conservancy environment is also the most
suitable designation for those areas in which there are
"severe biophysical limitations to be designated with a more
intensive environment. "
There is little question but that Lake Erdman meets these
qualifications.
Unlike other lowland lakes in western Washington, Lake Erdman
has been spared the intensive, and sometimes destructive,
development which has created severe environmental impacts.
As staff points out, a majority of the lake is undeveloped
with deep setbacks for existing development, preserving much
of the natural shoreline adjacent to the lake itself. Because
of the limited development around the lake, water quality in
the lake remains excellent and the lake is home to a
population of natural cutthroat trout. This lake is in marked
contrast to other lowland lakes in Mason County and other
western Washington locations, which have been developed to the
water's edge with lawns, docks and other urban style
developments.
The lake does require the protections that Come with the
Conservancy environmental designation for several reasons.
First, the lake is both small (about 23-25 acres) and
relatively shallow (about 35-40 feet) . These factors mean
that it has a limited capability to deal with the effects of
pollution and urban development. Unlike Puget Sound or larger
bodies of water, the lake is not capable of flushing or
diluting pollutants. Smaller lot development around the lake
would inevitably bring pollution impacts to the lake from
septic system drain€ields, siltation, and the introduction of
nutrients. The latter aspects is one of the most serious
concerns as excessive nutrients hasten the process of
eutrophication, which is created because of excessive plant
growth in the lake. This is nowhere better described than in
the DOE's own description of lakes under the Shoreline Act and
the problems which development brings to them. See WAC 173-
16-050 (7) . A copy of this section is attached hereto for your
review. Please note the particular concern expressed for
shallow lakes.
GEC-13-94 TUE 9:51 ARAMBURU LAW OFFICE FAX NO. 2066821376 P, 04
December 13 , 1994
Page 3
The problems which will occur to Lake Erdman are similar to
those described in the DOE report and are well described in
the staffs Analysis and Determination.
Based upon the existing character of the lake as largely
undeveloped, and the threats that more intensive development
will pose, the staff has correctly determined that the lake
should be regulated as Conservancy under the MOSMP. We ask
that the Commissioners uphold that determination and reject
any appeals therefrom. If we are able to be of more
assistance to you, please do not hesitate to let us know.
Sin re y your ,
J. Richard Aramburu
JRA/py
cc: Andrew Bacon
DEC-13-94 TUE 9:51 ARAMDURU LAW OFFICE FAX N0, 2066821376 P, 05
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cause of the costs involved in making these areas suit- table intersects the surtt
' able for use. Unlimited public access into them, however, gravity sea,
Re plant and animal life the s to progressively
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standing water located inland. Lakes originate in Several work for nature's leve ir
ways. Many lakes are created each year by man, either materials from the higher
by digging a lake basin or by damming a natural valley. materials to lower elevatii
Natural lakes can be formed in several ways: by glaciers portion of these materir
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w stream occupying all or r
late parts of the old course forming lakes, called oxbow PY g
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.�. ._. ,�,.,:;;E.s •.-,., lakes.
A lake, like its inhabitants, has a life span. This life- the valley walls me
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time may be thousands of years for a large lake or just a eventually reachedwere
and the action of the str
few years for a pond. This process of a lake aging is ling to lateral meander
known generally as eutrophication. It is a natural pro-
cess which is usually accelerated by man's activities continues, a flood plain
Human sewage, in waste, and the drainage from meanders and upon whit
agricultural lands increases the nutrients in a lake which floods. Finally, when the
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in turn increases the growth of algae and other plants, water, the remaining s
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gletes the water's supply of oxygen necessary for fish transportation, recreatsc
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and other animal life. These life forms then disappear and for drinking
duction of electric pow
from the lake, and the lake becomes a marsh or swamp.
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the rate of eutrophication resulting from discharges of tivities directly affect t
waste and nutrient-laden runoff waters. Temperature of the streams and rive
occur in shallow lakes. water courses. (See A
stratification does not normally occ
plains. A
Efficient bottom--to-surface circulation of water in these wbl�b has been or is su
shallow lakes moves nutrients to the surface photosyn-
r' thetic zone encouraging increased biotic productivity. corridor for water whip
_ Large quantities of organic matter are produced under melt or from heavy ra
these conditions. Upon decomposition, heavy demands plains are usually flat
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f. : ;' ' `_ provide a building site or farm land, erosion into the lake always with provisions
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is accelerated. Fertilizers, whether agricultural or those that will soo
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runoff or leaching along with other chemicals that inter-
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with the intricate balance of living organisms. The destroy the vital the and fi
construction of bulkheads to control erosion and filling tats and sncrea
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Julie Wolf & Rmssel. l P. Puskarcik December 12, 1994
NE 11 Eagle Creek Lane
Tahuya WA 98588
County Commissioners,
We own two 5 acre lots at Lake Erdman and have been living there
for six years. When we purchased our property we shared the same
understanding as our neighbors, that this lake and the
development around it would remain in as much a natural state as
is possible~
Here are some points we would like to make regarding this hearing:
1 . Many residents very much wanted to be at this public hearing,
and were awaiting notification, but could not attend, due to the
short notice~ We request that the conservancy status be upheld
else the decision be postponed to allow these other people to
respond.
2 Some of these residents have sent brief l�tter� ex�re�sin�
. �
there wish that the conservancy stasis be upheld. May we read �
these letters and submit them to the commissioners? �
3. Our position is that a Conservancy Status is the correct
designation and should be upheld for the following reasons:
a. We understand that the conservancy designation is for
environments which are intended to be maintained in their
existing natural character. Our lake has considerable natural �
value, there are not many left like it, being in a pristine
undeveloped, and undisturbed state. It supports significant
wildlife and it's habitat. The entire shoreline is still in its
natural state, with very few and minimal disturbances. It is
intended, according to our covenants, to be maintained in its
existing natural character.
b. A Rural Status is not appropriate for our lake. Especially as
regards minimum lot size, Conservancy Status, ( 5 acres ) , makes |
a whole lot more sense then Rural which is just umder 1/'X2 acre. �
It is apparent to us living at the lake that further subdividing
would be unwise. Thirteen of the original twenty 5 acre lots are
still 5 acres. Many of the 5 acre lots that where subdivided have
had difficulty finding a suitable location for building and
septic sites, despite being over an acre. This is due to such
factors as our setbacks, steep slopes, septic requirements,
springs, marshes, seasonal and permanent streams and restrictions �
on clearing vegetation. Our vegetative buffers and setbacks are �
consistent with a Conservancy environment, 25 ft for side yards,
and 50 feet from the lake thus restricting the smaller lot ^ s
buildability. Some of these lots are mnbuilda^ble inuch to the
owners disappointment and have been put back on the market for
sale. Considering our slopes, streams and wetlands, one reason to
uphold the Conservancy Status is, as stated in the Shoreline
Management Plan, that our area presents too severe of a
biophysical limitation to be Rural or Urban.
`
c. We are also concerned that overdevelopment may some day over
load our resources in regards to water supply~
d. With each additional cleared site there is significant
increase of flooding and soil erosion. We have seen effects of
this in our lake,s water quality.
e. We are concerned that too many septic systems would over load
the lands ability to absorb effluent and/or leaky systems would
destroy the water quality of the lake, the ground water and the
Coho salmon run in the stream at the outlet of our lake.
f ~ Regarding our covenants: The overall context of our covenants
supports a conservancy status. A public designation must be made
regardless of our covenants as the later ace changeable by a vote
of the residents. The current minimum lot size stated in our-
covenants has proven to be too small .
g. We hope that any new development also be treated according to
this conservancy status.
Sincerely,
Julie Wolf &
Russell P. Puskarcik
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DEC: 12 '94 10: 19 SP#19 P. 1
23ruce and Diane !;Cobinson
1,2D NE lCavenna 23lvd
Seattle, Wa. 99105
December 11 , 1994
Dear County Commissioners,
we are writing in regard to Mr. Dennis Lamphere's appeal of the
Commission's ruling on Laxe Eraman to limit luL iiiza. We also
own property at Lake Erdman, and plan to build in the near
future.
We agree with the county that the minimum lot size should be
five (5) acres. We purchased this land because of the clear
commitment of the other owners to protect the lake and keep it
as natural as possible. The lake is one of the few in the area
to remain in a healthy state, and thus it was granted this Con-
servancy status. It only follows then that we should limit the
lot size appropriately, as dictated by this status.
Although there are currently lots that are 1 . 25 acres , we do not
want to have more that size, with the concurrent development and
homes that would naturally follow. This ruling will also affect
us, since we do own a parcel that is 5 acres. However, we feel
strongly that we want to limit the development around the lake
which would impact the lake and fauna in the area.
We appreciate the fact that Mr. Lamphere has been caught in the
transition of the status of the lake. It is unfortunate that
this happened.
Sincerely,
Bruce H. Robinson
Diane B. Robinson
( 206) 524-3039
December 11, 1994
Don Brush, Planner
Department of Community Development
P.O. Box 578
Shelton, WA 98584
Re: Notice of Shoreline Administrative Determination Appeal Hearing
Dear Mr. Brush,
Thank you for the opportunity to provide my comments to the hearing. I am working in Seattle and cannot
attend.
I have lived at Lake Erdman for seven years next month. I have seen many people come and go from the lake,
but I am very concerned with the current movement in progress at the lake. Those who have decided to sell their
property and who also own 5 (+) acres of property have pretty unanimously decided to sub-divide their lots into
approximately 1 1/4 acre parcels. I suggest that Dennis Lamphere and the rest are infinitely more motivated by
their personal financial interests than the overall good of the Lake Erdman community.
The lake lots were originally broken down so that approximately 33 families could, theoretically, live at the lake.
With the advent of sub-divided lots, that number could grow exponentially until our natural resources can no
longer support the numbers of people at the lake.
Of specific concern to me is the potential for increased demand on our water aquifer, which I doubt will support
the kind of growth additional sub-dividing will surely create. Of additional concern is the impact of more and
more septic systems on lake property and our ability to maintain a clean, unpolluted lake environment. Also,
with the advent of each new lot is the exponential reduction in our natural resources of trees and greenery. Our
small lake supports a wide variety of wild animals in addition to families, because of the stripping of miles of
adjacent forests.
I hope that you agree that we cannot allow a few individual's financial interests to outweigh the needs of a
community as small as ours. I definitely believe that it is in everyone's best interest at Lake Erdman to leave the
plots the size they are, and allow no further reduction below 5-acre parcels.
incerely,
f
May E. C-11 er
NE 110 Wi flower Way
Tahuya, WA 98588
(206) 275-8255
DEC-12—'9d MON 09' 17 ID'AMERICAM HERITAGE TEL 1,10:206-062-2063 1t178 P01
S RLAND B. MCLEAN
29921 SE 312th Way, Black Diamond WA. 98010
(206) 886 2755
Dr 112,1994
Mr. Don Brush, Planner
Department of Community Development
Bldg III 426 West Cedar P.O. Box 578
Shelton, WA 98584
RE: Dennis Lamphere's appeal of Lake Erdman lot size
l
Dear Mr. Brush,
My family, comprising the McLean Family Partnership, owns three lots in the Lakeview Estates
plat surrounding Lake Erdman. They are lot numbers 16, 17 and 9A. Two of them are in excess
of five acres in size.
In the event of a sale it would obviously be to our financial advantage to short plat these
properties. We would much prefer, however, that no further subdivision take place around this
very small, twenty acre pond.
In quite recent years four lots have been built on and several more residences are either under
construction or about to start. The lake is already beginning to show occasional effects of this
activity and further subdivision certainly won't improve the situation.
Like the great majority of the Lakeview Estates Homeowners Association members, we strongly
favor the present Shoreline Master Program. We hope you will continue to apply these
standards as currently written.
cerely ours �.
Sutherland McLean
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GARY YANDO,DIRECTOR
SON.STgTFO
o A U N U DEPARTMENT OF COMMUNITY DEVELOPMENT
2 o T z PLANNING -SOLID WASTE-UTILITIES
N Y y BLDG. III • 426 W. CEDAR • P.O. BOX 578
aJ o 1864 SHELTON,WA 98584 • (206) 427-9670
December 6, 1994
Re: Notice of Shoreline Administrative Determination Appeal
Hearing
Dear Applicant, Agent, Agency or Concerned Citizen:
The public hearing before the Mason County Commissioners for Dennis
Lamphere' s appeal of an administrative decision to limit minimum
lot sizes on Lake Erdman to the Shoreline Master Program
Conservancy standards (minimum 5 acre lots) will be held on
Tuesday, December 13, 1994 at 11:15 A.M. The hearing will be held
in the Commissioners Chambers, Building I, 411 North Fifth Street,
Shelton, Washington.
You are welcome to attend. Any oral or written comments will be
accepted at that time. A copy of the staff report is available
upon Irequest .
Sincerely,
Don Brush, Planner
Department of Community Development
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MASON COUNTY
DEPARTMENT of COMMUNITY DEVELOPMENT
Mason County Bldg. III 426 W.Cedar
P.O.Box 578
Shelton,Washington 98584 ' Z b14 O
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DEPARTMENT of COMMUNITY DEVELOPMENT
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P.O. Box 578
Shelton,Washington 98584
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DEPARTMENT of COMMUNITY DEVELOPMENT
Mason County Bldg. III 426 W.Cedar
P.O.Box 578
Shelton,Washington 98584
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GARY YANDO,DIRECTOR
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N Y BLDG. III • 426 W. CEDAR • P.O. BOX 578
18e4 SHELTON,WA 98584 • (206)427-9670
October 25, 1994
Dennis Lamphere
P.O. Box 371
Gig Harbor, Wa. 98335
Re: Shoreline Appeal
Mr. Lamphere:
Enclosed is a receipt for your appeal fee in the amount of $200. 00.
A hearing has been set for December 13 , 1994 . The time is 11: 15 to
12 : 00 A.M. If you anticipate any problems with this time please
advise us .
The Commissioners secretary will notify you of the hearing a week
or two in advance. I will send the Commissioners a copy of all the
materials you submitted previously to this office.
If you have any questions in the meantime feel free to give me a
call . Thank you.
Respectfully,
P- t
Don Brush, Planner
Department of Community Development
DENNIS LAMPHERE
P . 0. BOX 371
GIG HARBOR, WA. 98335
857-5776
October 11, 1994
Dear County Commissioners :
Bill Hunter
Mary Faughender
Laura Porter
At this time we request the scheduling of a hearing concerning
the short plot of Lot 7 of Lake Erdman into three parcels .
Don Brush has received a packet of information and will forward
it with this letter . We are looking forward to presenting our
testimony. The information we have may affect the properties of
others .
In scheduling the hearing, we have a planned vacation from
November 1 to 25 and would not be available . A hearing some time
in December is ideal for us or January of February if need be .
There will be testimony by others concerning this matter and it
could affect the future decisions on the Growth Management in
this county.
We will anticipate the scheduled appointment . A $200 . 00 check is
enclosed
Sincerely, GL r
Dennis Lam r e
DEL : ll
cc : Don Brush
IJ
MASON CUUi J i-),
COMMISSIONERS
GARY YANDO,DIRECTOR
yON.STgTFo
o A°u DEPARTMENT OF COMMUNITY DEVELOPMENT
o T z PLANNING- SOLID WASTE-UTILITIES
z� N Y y BLDG. III • 426 W. CEDAR • P.O. BOX 578
of o 1864 SHELTON,WA 98584 • (206)427-9670
September 30, 1994
Dennis Lamphere
Lamphere Construction Ltd.
P.O. Box 371
Gig Harbor, Wa. 98335
Re: Lake Erdman, Lot 7; Proposed Short Subdivision.
Mr. Lamphere:
Thank you for your correspondence dated August :23, 1994 regarding
the above referenced issue. As you are aware, Lake Erdman has been
designated a shoreline of the state by the Department of Ecology
(reference letter dated January 22, 1993 to Mason County) . Ecology
stated in that letter the following:
Until an environment designation is established for the lake
in the master program, the County should determine and use the
most appropriate designation for a site as developments or
questions arise. If a permit application is received before
the program is amended, a designation can be made as part of
the findings and conclusions on a permit.
Within the Mason County Shoreline Master Program "Conservancy"
shoreline definition is the following statement:
The Conservancy Environment is for those areas which are
intended to maintain their existing character. The preferred
uses are those which are by nature nonconsumptive of the
physical and biological resources of the area.
Other residents in the area have expressed a desire to maintain the
existing character of the lake. This Department supports that
position, and understands that you do as well .
We agree that the current protective covenants established for Lake
Erdman are as stringent or more stringent than the SMP regulations,
with the exception of lot sizes. However, with regard to lot
sizes, the best mechanism we have to "maintain . . .existing
character" is through utilization of the Conservancy designation
and the applicable minimum 5 acre lot size.
When the SMP is amended, likely within the next 18 months, a
permanent shoreline designation will be established for Lake
Erdman. At that time public workshops and hearings will be
conducted during which the concerns and opinions of the residents
of the lake may be expressed.
This decision is appealable to the Board of County Commissioners.
A letter requesting an appeal hearing and a check in the amount of
$200 . 00 are required. Your earlier correspondence or additional
information could constitute supporting documentation.
If you have any questions regarding either this determination or
the appeal process, feel free to contact me at 427-9670 x294 .
Thank you.
Respectfully,
Don Brush, Planner
Department of Community Development
CC:
Gary Yando, DCD
Jason Manassee, DCD
Randy Neff, DCD
RECEIVED
SEP - 1 1994
MASON CO. DCD
LAMPHERE CONSTRUCTION LTD.
P. 0. BOX 371
Gig Harbor , Wa . 98335
206-857-5776
August 23, 1994
Gary Yando
Mason County
Director of Community Development
P. 0. Box 578
Shelton, W. 98584
Dear Mr . Yando,
In 1978 Lamphere Construction Ltd . purchased 122 acres known
as Lake Erdman . At the time of purchase the actual size of the
lake was under 20 acres and was 5 ' lower than it is presently.
The land was surveyed, with +/- 5 acre sites, roads were
developed, utilities installed and a water system designed . The
septic systems were designed to be pump systems , pumping away
from the lake, exceeding state regulations . Natural green native
vegetation is encouraged except where homes are placed on the
property with no lawns next to the lake . I have retained one of
those sites . I spent allot of time and money developing and
establishing written covenants that would protect the integrity
of the lake and the sites surrounding it . A copy of the
covenants are enclosed . As you can see, they are more
restrictive than county codes . Many of the original sites have
already been short plotted by their owners .
The site I have retained is on the southwest corner of the
lake, known as Lot 7 . It is high and dry and perkable . It is no
longer a 5+ acre site because the lake has risen 4-5 feet due to
a beaver dam at the north end of the lake, that has increased in
size over the past several years . The new water line is shown on
the map with the dotted red line . Due to the work of these
industrious beaver, the lake now exceeds 20 acres and comes under
government supervision .
It was my original intent to divide my site into four
parcels . Considering the lay of the land and the loss of some
land due to the rise of the water line, I believe it would be
best to divide this site into ,lust three parcels . A map of the
proposed division is enclosed . Each site will have ample water
front and enough room to maintain the natural integrity of this
beautiful landscape with plenty of room for green belt area . The
homeowners association is very active and will help to continue
to maintain the covenants . A copy of one of our homeowner
association newsletters is enclosed . The owner of Lot 6 is
drilling a well and will provide me with three water hook-ups .
I have discussed this matter with Don Brush. He has
suggested that I write a letter to you explaining our
circumstances . Considering the above information and history of
this site, I am requesting your approval of the proposed short
plot of this site . I am available to answer any questions you
may have .
S nc rely,
24
Dennis Lamphe
Lamphere Construction Ltd .
DEL: ll
cc : Don Brush
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FROM:
DENN I S IiMPHERE
P. 0. Ill 371
GIG HAOOR, WA. 88336
206-86-5776
FAX 96-876-2431
FAX TO:
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1864
February 25, i993
TO: LAKE ERDMAN AREA PROPERTY OWNERS
FROM: MASON COUNTY
RE: SHORELINE MANAGEMENT
Dear Resident :
Please be advised that the state Department of Ecology has recently
determined that Lake Erdman meets the necessary size criteria for
inclusion as a "shoreline of the state" . The minimum required size
is 20 acres which can include certain "associated wetlands" .
Beginning immediately, all development activities3 within 200 feet
of the Ordinary High Water Mark of the lake will be regulated under
the state Shoreline Management Act and the Mason County Shoreline
Master Program.
Some types of development are exempt from the requirements of
obtaining shoreline permits , but all development must meet the
requirements found in the Shoreline Master Program. Most
development activities require building permits and all building
permits will be reviewed for consistency with the shoreline
regulations .
Prior to beginning any development or to submitting a building
permit application, we advise you to contact a Shoreline Planner in
the Mason County Planning Department . We are located in county
Building III at the corner of 5th and Cedar in downtown Shelton.
The phone number is 427-9670 . A Shoreline Planner is also
available at the Belfair Annex on Tuesday afternoons, between 2 : 30
and 4 : 00 . We will be happy to answer any questions or concerns you
may have.
Thank you very much and we look forward to working with you.
Respectfully,
Don Brush, Shoreline Planner
Department of Community Development
Gary Yando,Director of Community Development • Erik Fairchild,Planning Director
Mason County Bldg. III • 426 W. Cedar • P. O. Box 578 • Shelton, WA 98584 • (206) 427-9670
2ecycied 0
MASON COUNTY
DEPARTMENT of COMMUNITY DEVELOPMENT z; °;`�Y J\� U. pJS1AG
Mason County Bldg.III 426 W.Cedar .2 ;
P.O.Box = . I
Shelton,Washington 98584 � � , �•
P® R C CELENTANO
89 OUGH LAME SE
YELM
P�oa.STgrFo
o io N DEPARTMENT OF COMMUNITY DEVELOPMENT
Z N T Lj
�o Y aoy Planning - Landfill - Utilities
J
1864
February 18, 1993 ,
TO: LAKE ERDMAN AREA PROPERTY OWNERS
FROM: MASON COUNTY
RE: SHORELINE MANAGEMENT
Dear Resident:
Please be advised that the state Department of Ecology has recently
determined that' Lake Erdman meets the necessary size criteria for
inclusion as a "shoreline of the state" . The minimum required size
is 20 acres which can include certain "associated wetlands" .
Beginning immediately, all development activities within 200 feet
of the Ordinary High Water Mark of the lake will be regulated under
the state Shoreline Management Act and the Mason County Shoreline
Master Program.
Some types of development are exempt from the requirements of
obtaining shoreline permits, but all development must meet the
requirements found in the Shoreline Master Program. Most
development activities require building permits and all building
permits will be reviewed for consistency with the shoreline
regulations.
Prior to beginning any development or to submitting a building
permit. application, we advise you to contact a Shoreline Planner in .
the Mason County Planning Department. We are located in county
Building III at the corner of 5th ,and Cedar in downtown Shelton.
The phone number is 427-9670. A Shoreline Planner is also
available at the Belfair Annex on Tuesday afternoons, between 2 :30
and 4 :00. We will be happy to answer any questions or concerns you
may have
Thank you very much and we look forward to working with you.
Respectfully,
Don Brush, Shoreline Planner
Department of Community Development
Gary Yando,Director of Community Development Erik Fairchild,Planning Director
Mason County Bldg. III • 426 W. Cedar P. O. Box 578,• Shelton,WA 98584 • (206)427-9670
Recycled
gTATg O�
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1889 a0 REcraIN
STATE OF WASHINGTON BAH 2 91993
DEPARTMENT OF ECOLOGY
Mail Stop PV-11 • Olympia, Washington 98504-8711 • (206) 459-6000
N�Sw t0
January 22, 1993
Mr. Gary Yando
Mason County
Department of Community Development
Post Office Box 578
Shelton, WA 98584
Dear Mr. Yando:
This past summer, Mr. Don Brush requested that we assist the County in
determining whether Lake Erdman meets the definition of a shoreline of
the state. Ecology staff members Kim Van Zwalenburg, from the Shoreline
Management Section and Alan Wald, Hydrologist from the Floodplain
Management Section walked the site in September. Kim Van Zwalenburg
revisited the site with Don Brush and Jason Manassee a month later.
The field visits verified extensive wetlands areas on both ends of the
lake that are within the normal water level (ordinary high water mark) of
the lake. These wetland areas were not included in the acreage of the
lake which is described in Lakes of Washington (WSB No. 14, Volume 1;
1973) as 20.15 acres. This acreage was based on a 1957 survey by the
Department of Fisheries.
The surface area of Lake Erdman, as shown on the 1957 Department of
Fisheries survey, is 23.8 acres. The surface area of Lake Erdman shown
on the 1953 Lake Wooten quadrangle map (USGS) , photorevised in 1968, is
25.8 acres.
From this, we conclude that Lake Erdman is a shoreline of the state.
Development around the lake is thus subject to the policies and
regulations of the Shoreline Management Act and the Mason County
Shoreline Master Program. Until an environment designation is
established for the lake in the master program, the County should
determine and use the most appropriate designation for a site as
developments or questions arise. If a permit application is received
before the program is amended, a designation can be made as part of the
findings and conclusions on a permit.
If y v. cr vour staff have any questions, please call Vim Van Zwalenburg
at 2 6). 4'38-7449.
Si er ly )
Ttomaa Mark, AICP
Management Section Supervisor
Shorelands and Coastal Zone
Management Program
TM:dh
AERDMAN.DOC
cc: Alan Wald, Ecology
Kim Van Zwalenburg, Ecology
Joan Velikanje, Ecology
10
sae area o�
�y1 lase aoy REcre.
STATE OF WASHINGTON BAH 2 91993
DEPARTMENT OF ECOLOGY
M it Stop PV-11 • Olympia, Washington 98504-8711 • (206) 459-6000
January 22, 196
Mr. Gary Yando
Mason County
Department of Community Development
Post Office Box 578
Shelton, WA 98584
Dear Mr. Yando:
This past summer, Mr. Don Brush requested that we assist the County in
determining whether Lake Erdman meets the definition of a shoreline of
the state. Ecology staff members Kim Van Zwalenburg, from the Shoreline
Management Section and Alan Wald, Hydrologist from the Floodplain
Management Section walked the site in September. Kim Van Zwalenburg
revisited the site with Don Brush and Jason Manassee a month later.
The field visits verified extensive wetlands areas on both ends of the
lake that are within the normal water level (ordinary high water mark) of
the lake. These wetland areas were not included in the acreage of the
lake which is described in Lakes of Washington (WSB No. 14, Volume 1;
1973) as 20.15 acres. This acreage was based on a 1957 survey by the
Department of Fisheries.
The surface area of Lake Erdman, as shown on the 1957 Department of
Fisheries survey, is 23.8 acres. The surface area of Lake Erdman shown
on the 1953 Lake Wooten quadrangle map (USGS) , photorevised in 1968, is
25.8 acres.
From this, we conclude that Lake Erdman is a shoreline of the state.
Development around the lake is thus subject to the policies and
regulations of the Shoreline Management Act and the Mason County
Shoreline Master Program. Until an environment designation is
established for the lake in the master program, the County should
determine and use the most appropriate designation for a site as
developments or questions arise. If a permit application is received
before the program is amended, a designation can be made as part of the
findings and conclusions on a permit.
If y ;�x or your staff have any questions, please call Kim Van Zwalenburg
at 2 Q 438-7449.
Si er ly
Th s ark, AICP
Management Section Supervisor
Shorelands and Coastal Zone
Management Program
TM:dh
AMMAN.DOC
cc: Alan Wald, Ecology
Kim Van Zwalenburg, Ecology
Joan Velikanie, Ecology
3
Memorandum
September 10, 1992
To: Planning Department
From: Don
Re: Lake Erdman
We have just been notified by the Department of Ecology that Lake
Erdman, located in north Mason County between Haven and Collins
lakes, will most likely meet the size criteria necessary for
designation as a shoreline regulated under the Shoreline Management
Act. While their numbers have not been finalized, they have
recommended that we consider it designated, effective this date.
Any permit requests or land segregation applications should be
evaluated through the Shoreline Master Program. A temporary and
tentative shoreline designation, pending approval by the County
Commissioners, is Conservancy.
The legal description is:
Section 31, Township 23 North, Range
2 West, W.M.
X *.
�ON.:STgTFO
P
� a N DEPARTMENT OF COMMUNITY DEVELOPMENT
U =
i2 O T 2
�oJ N Y y Planning - Landfill - Utilities
1864
July 30 , 1992
Tom Mark
Shorelands Program
Department of Ecology
Mail Stop PV-11
Olympia, Wa. 98504-8711
Re: Shoreline Management Designation Criteria, lake size
determination.
Dear Mr. Mark:
Mason County has been informed by a local citizen that Lake Erdman,
located in the northeast section of the county, may meet the 20
acre size criteria needed for inclusion under the Shoreline
Management Act.
We would like to formally request an evaluation by your department
which will determine the actual size of this lake, within the
guidelines established under the Act.
It is our understanding that if the lake is determined to meet the
necessary size criteria, it immediately falls under the regulations
of the local Shoreline Master Program.
The location of Lake Erdman is as follows:
'/X/ z ,, -vim
Northeast--I-�4—, North-/2 , Section 31, Township 23 North, Range
2 West, Willamette Meridian. Lake Erdman is located roughly
between Collins Lake to the south and Haven Lake to the north.
We would greatly appreciate acknowledgement of this request . If
Mason County can provide any assistance to your department in
making this evaluation, please contact us . Thank you very much for
your assistance.
Sincerely,
Don Brush, Planner
Department of Community Development
Gary Yando,Director of Community Development • Erik Fairchild,Planning Director
Mason County Bldg. III • 426 W. Cedar • P. O. Box 578 a Shelton, WA 98584 • (206) 427-9670
CC: Andrew A. Bacon, Lake Erdman
Kim Van Zwalenburg, W.D.O.E.
Gary Yando, Community Development
William 0. Hunter, County Commissioner
July 27, 1992
Andrew A. Bacon
22706 N.E. 12th Place
Redmond, Wa. 98053
Re: Lake Erdman, Mason County, Shoreline designation
Dear Mr. Bacon:
Thank you for contacting us regarding the potential for official
shoreline designation for Lake Erdman. As you know, the criteria
for inclusion as a shoreline of the state is a minimum of 20 acres .
I believe associated wetlands can be added to the open water
acreage.
Mason County will make a formal request to the state Department of
Ecology asking that they perform a size determination of the lake.
If the lake is determined to meet the criteria, we believe it
immediately comes under the jurisdiction of the Mason County
Shoreline Master Program regulations. This is a point we will have
clarified by the state.
A copy of our letter to WDOE will be sent to you. If you have any
questions feel free to call. And thanks again for bringing this
matter to our attention.
Respectfully,
Don Brush, Planner
Department of Community Development
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Danny & Roxanne Bates P.O.Box 295E Sil'vardale WA 98383 (206)698-7283 1
Don Knudsen P.O.Bo- K. Shelton (dA 98584 (2061426-6350 2 3A 6 10 11 13
Ue'i ie and Rom Wilson 1040 17th Avenue NE Seattle WA 98115 (2(16)522-3858 3B
Donald C. & Deva L. Ellis 2t002 127th Place S E Kent WA 98031 (206)631-8498 3C
Plinio L. & Rizalina V. GestD.o 3740 S. Brandon Street Sea.ttIe WA 98118 (2-06)722-9466 4
Gloria Escano & Apolonio Van2_;_lr 3204 S. Kenyon Street Seattle WA 98119 (206)722-2009 5
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Lamphere ons'u�.ion LTD Denn_� P.O.>so; 3,1 �24 Harbor ;� +8335 (206)857-57 6 7
Alan and Debby Griswold 1813 Rocky Point Rd Bremertor! WA 98312 (206)373-8381 8A 8D
Lori K. Benline & Steven Greer, 8420 Dawnhill Rd. S E Olympia WA 98503 fIL06)491-0692 SB
Bruce H. & Diane R. Robinson 2129 NE Ravenna Blvd Seattle WA 98105 (2061524-3039 8C 15
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Walter &- Marsha McLean <?710 SE 312th (day Black ti.amond N:a �_0,10 (2061 9A 16 17
Lawrence R, Winter 30233 NE Cherry Valley Road Duvall WA 98019 (206) 9A 16 17
Laurie R. McLean P.D. Box. 351 Everett +�A 98206 (206) 9A 16 17
Suds McLean 29321 BE 312 Way Black Diamond WA 98010 (206)886-2755 9A 16 17
Robert S. McLean 502 NE 72th Street #A Seattle EtiA 98115 i206) 9A 16 17
Randy & Ramona RaL+b 15003 Elan St. E Sumer WA 92,110 (206IB63-1478 9B
Richard & Linda Mansur P.O.Bov, 219 Puyallup WA ?8371 (206184B-1771 9C
Josef & Eli2abeth Hinkofer 22618 12th Place Nest Bothell WA 98021 (206) 9D
Russ & Julie Puskarcik Wolf NE 11 Eagle Creek Lane Tahuya 0 96588 (2061275-0212 12 14
Andrew & Linda Bacon 22706 NE 12th Place Redmond WA 983590 (206)B68-2179 I8AIBB
Marvin Jr & Jennifer Eidinycr 12128 BE 174th Lane Apt.M303Renton 4A 98058 (206)235-1025 18C
Mary n'.rin 14417 Silven Ave. N E Beinbriddge IslandbA 98110 (206QU-5602 19A
Ma!•tha Hess 245 N. it--4th St. ieLi York ivY 1€025 (212)666-2771 19B
Emerick BUIl�m,a. 140.24 Greenwond Ave. N. Seattle WA 98i33 (206)361-0540 19B
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Rand- & C'Sia'%telie Wisner 7472 SW AIzP,Vista Part ( 6) 7r +i'3 20B
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