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Home My WebLink AboutVAR2006-00007 - VAR Letters / Memos - 12/5/2006 Mason County DOCD Po Box 279 Shelton, WA. 98584 May 19,2006 CEIV ATT:Michael MacSems RE: VAR 2006-00007 -' äNG DEPT 2QQ Dear Mr.MacSems Per your letter dated May 9,2006 I have completed and included Items 1-6.I'm sorry for•any delay this incompleteness has caused.Below is the description of how this proposal meets the five criteria for moratorium release. 1).No attempt to avoid any County review has occurred,the timber operator sent me an offer to purchase the timber on the land,They indicated that no critical areas were known to be on the property and if any critical areas were found to existed on the property none would be disturbed and no harvesting would be done in these areas should they exist.The operator indicated to me that the DNR permit would be least expensive and since I would be paying the fee for the permit I went that way.In addition no plans existed for development of said property in the next 1 Oyears however some health changes have moved up our plans for development. 2).The harvest and reforestation has been completed as specified in the approved DNR permit. 3).No damage to any critical areas or associated vegetation and or shoreline areas has occurred. 4). All proposed development of this property would be done so consistent with Mason County development regulations 5). No Mitigation for adverse environmental impacts, Shoreline, Stormwater or critical areas should be needed in this request for release.However should the County find any other type of Mitigation to be needed the applicant shall conform. Sincerely, Gary Watson Applicant /rF ____ // I! ( I i 3 i 11 / / / ii / / /1 / cif+ f . r5r t2f acN / / 1 /__'/ / /1/ 2 / c // o 434Q S�, Uc.,Ao—(- eLO D, fl Mason County Community Development Mason County Bldg. 1 411 N Po box 279 Shelton, WA. 98584 May 13, 2009 RE: 31910-43-00000 A IT: Michael 11 acSems Dear Mr. MacSems This letter is a formal notification to Mason County that i would like to revoke my request to release the above property from the existing development moratorium.Given the changes in the real estate market! will be delaying my development plans until after the six year county moratorium has run its course.Please refund to me any unused fees at your earliest convinces: Gary Watson 1301 231 SE' Bothell,W .98021 425.345.1269 Thanks for all your help on this matter and 1 look forward to working with you on this parcel in the future:, Gary Matson r ` MASON COUNTY 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 Gary Watson 1301 231st SE Bothell,WA 98021 May 21,2009 Re: 31910-43-00000 Dear Mr_ Watson, I am receipt of your letter of 5113/09 asking that I close case#VAR.200 -00007 and issue whatever refund is possible. I have closed your case as requested and I a.m.enclosing the Mason County refund application and policy and a copy of your receipt. Based on County policy I would recommend an 80%refund on your Hearings Examiner fee and a 50%refund on the variance (moratorium removal)fee (subject to management approval). Please return your completed application plus copies of this letter and your receipt to the Mason County Permit Assistance Center. P.O. Box 186, Shelton,WA 98584,Attn: Kathy Nelson. Thank you. Sincerely, Michael MacSems EPA Reviewer MASON COUNTY Shelton (360)427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Selfair (360) 275-4467 Planning Elma (360)482-5269 Mason County Bldg.1 411 K 5th H.O.Box 279 Shelton,WA 98584 M5f G.ary Watson 23413 45`h Ave SE Bothell,WA 98021 January 17, 2008 Re: 31910-43-00000 Dear Mr. Watson, This letter is a follow up to your 2006 application to release the six-year development moratorium on the above referenced property. According to my records,we last talked in July 2001, at which time you told me that you were making progress in addressing the issues that I raised in my letter of 12/13/06. Six months have since past, and I am requesting that you update me in writing(letter or e-mail)on your progress. Per Mason County Code 15.05.040.C,it is critical that you update me every 180-days,in order to avoid having your case closed. Please respond at your earliest convenience. If you have follow up questions you can call me at ext. 571 or e-mail me at nuns@co.mason.wa.us. Thank you. Sincerely, Michael MacSems FPA&Subdivision Planner O c°° MASON COUNTY Shelton (360)427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Mason County Bldg.1 411 .5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 Gary Watson 23413.45`h Ave SE Bothell,WA 98021 =f December 13,2006 Re: 31910-43-00000' Dear Mr. Watson, I inspected your Bloomfield Road property this-morning for your request for release from a development moratorium. I did find some critical areas that are going to need attention before I can issue a SEPA. As you know,the review portion of a request for release from moratorium is basically the same as that for a Class IV General FPA,but after the fact. Critical area buffers are generally a lot smaller on a DNR issued Class III FPA than on a County issued Class IV G. In the case of your property, I see that Herbrand flagged an RMZ(a DNR term) along a Type 5 creek that exits your property over the cast line. The RMZ is about 40 feet wide, but under County regulations(17.01.070) the vegetative buffer for a Type 5 stream is 75 feet.I also noticed a pocket of wetland indicator plants within the RMZ, suggesting that a wetland land buffer may overlap and exceed the 40-foot RMZ. A little less obvious is a possible stream or wetland on the southern portion of the property Gust below the southern access road). I saw that a County culvert runs water under Bloomfield Road,where it then fans out in a low portion of your property. I don't know if this is jurisdictional or not,but I see that some logging did occur both adjacent to, and in a portion of,this area(the area nearest the county road and culvert). While I did not make it to the far southeast corner of your property, aerial photos from 2005 suggest that this area may also be wet and should be checked out. I saw an awful lot of standing water on your property,but the vast majority of it was simply due to the large amount of rain this week and the slightly restrictive soil on site. To move your application for release forward, the following will need to be done: Hire a qualified biologist(the enclosed providers list does not constitute an endorsement) to study the site and,identify and delineate the streams and wetlands on site and to provide a restoration plan.The deliverables area Mason Environmental Permit(MEP) application and a Habitat Management Plan (EM').The restoration work does not need to be completed prior to your hearing, but an approved plan with a contract and bonding for the installation and three years of monitoring will be required. Since you are planning to subdivide this property next year,the critical areas study and delineation will be helpful to you inlaying out your lots and driveways. However you should be aware that Mason County's buffers and setbacks for wetlands will-be changing in 2007. What that means for you is that any wetland buffers established&though this easement removal process are likely to be smaller than the buffers that°would,resttiet future development of the property in the future. I am also enclosing something called a almonid's Checklist. It is an addendum to the SEPA checklist that you submitted. These are collected as a courtesy to the Washington State Department of Fish&Wildlife. Please complete it as best as you can and return it to me. 'If you have follow up questions you can call'une.at ext. 571 or e-mail me at mms a co.rnason.w'aus. Thank your Sincerely, Michael.MacSems EPA&Subdivision Planner cc: Laurie Cox;DNR (12126%2006) Michael MacSems- RE:Moratorium Release Page 1 From: "COX, LAURIE"<LAURIE.COX crldnr.wa.gov> To: "Michael MacSems"<Mms@co.mason.wa.us> Date: 121221200612:57 PM Subject: RE: Moratorium Release Hi Michael, I reviewed the Watson property as requested on December 19,2006. The landowner meets all of the Department of Natural Resources Forest Practice rules and regulations. The Department of Natural Resources releases their interest the moratorium on this property. Laurie Cox -----Original Message----- From: Michael MacSems(mailto:Mms@co.mason.wa.us] Sent:Wednesday, December 13,2006 3:40 PM To: COX, LAURIE Cc: Michael MacSems Subject: Moratorium Release Laurie, I have received a request for a release from moratorium from a Gary Watson for a 40 acre parcel at 4340 SE Bloomfield Rd. FPA#2410783(or is it 2410788?) P#31910-43-00000 Owner: Gene Watson Operator: Herbrand Company I walked the site today and the most interesting stuff is in the back portion of the property. A creek/wetland complex and a fairly scant reprod effort(much better closer to Bloomfield Rd). Please let me know if DNR can release their interest in this moratorium. Thank you, Michael MacSems Mason County (7f13I20Q7}Michael MacSems - Re:wanton existing h4us replacmerrt _- Page'1 From: Michael MacSems To: LAB, BROWN Date: 7/13/2007 11:43 AM Subject: Re:waston existing house replacment CC: mms; rdf Gary, Sorry for the delay in replying, please share this message with your dad. I believe you are correct, BUT I want my manager to agree with me on that before I tell you that. I had a short conversation with him yesterday, but he went home sick be before we got to the conclusion. I hope that I can confirm this for you on Monday. Glad you are still working on the wetland issues. Even if you decide to withdraw your application for moratorium release, most(a restoration will not be required after your six years are up)of what your consultant is preparing for you will be useful for an eventual subdivision. Have a good weekend. Michael MacSems >>>"BROWN LAB"<dozerdog1(@verizon.net>7/13/2007 7:06 AM>>> Michael, I'm following up on a voice mail I left you a couple days ago in regards to replacing the existing home on my 40 acres, using the existing drive power,well.and septic. no new development is required,my renters have been real hard on the place and I want to get rid of the old house.l was sure this is not a item that the existing moratorium would restrict.but I may have missed it somewhere. I am working with a wetland company on the requirement for lifting the moratorium but I'm paying as I go and I want to get all the things done that are needed to apply for the LLS at the same time,it has more then doubled in price but it will get done. 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I R, 3 W. N r$ fit. rw M�v urf tar. 2/1312006}Michael IV1acSerris-Moratorium Release _ gage 1 From: Michael MacSems To: laurie.coxwadnr.gov Date: 12/13/2006 3:39 PM Subject: Moratorium Release CC: mms Laurie, I have received a request for a release from moratorium from a Gary Watson for a 40 acre parcel at 4340 SE Bloomfield Rd. FPA#2410783(or is it 2410788?) P#31910-43-00000 Owner:Gene Watson Operator: Herbrand Company I walked the site today and the most interesting stuff is in the back portion of the property.A creek/wetland complex and a fairly scant reprod effort(much better closer to Bloomfield Rd). Please let me know if DNR can release their interest in this moratorium. Thank you, Michael MacSems Mason County } _* 1843747 y;' 0T 271200E 08;32A I Ilifi II1 llh1II Hill Il llIHh1llhI 111 fful JO! DEPT OF NATURAL RESOURCES NTMTR 20.00 Mason Co, UA When Recorded Return to: Gene and Martha Watson <7 36921 5th Ave SW Federal Way,WA 98023 NOTICE OF MORATORIUM ON NO STRY USE OF LAND GRANTOR(S): Gene and Martha Watson (Name of Fe Land Owner(s)) GRANTEE. Mason County (Name of Co ictt Land Subject to the Forest Practices Appticafron/Not n' ) LEGAL DESCRI HE FOREST PRACTICES OPERATION:(trrcludelot, block,plat,sectlo u rterqtiytersection, township and range) SWI/4 SE1/4 in ction 1 ownship 19 North, Range 3 West,WM, AS SS 'S PROPERTY TAX PARCEL OR ACCOUNT NUMBER(S): 311 d0000 FP Number(to be completed by DNR): 2 4 L 13 pproval Date(to be completed by DNR): 1P t 7, c_ (1) I/we certify that I/we am the forest land owner, as that term is defined in RCW 76.09,020 and WAC 222-16-010, and that Ilwe am familiar with the requirements of the Forest Practices Act, RCW 76.09 and Forest Practices rules, WAC Title 222. I/we am specifically familiar with RCW 76.09.060(3) and it's effects. (2) By this statement 1/we declare that the land subject to this Forest Practices application/notification will not be converted to an active use incompatible with timber growing within six years after the approval date of the Forest Practices permitted in the Forest Practices a ilcation/notification. 1843747 0712712006 00:32A DEPT OF NATURAL RESOURCES NTMTR 20.00 Ha%on Co, WA (3) Uwe understand that applications/notificati s are subject to the reforestation requirements as described in RCW 7809-and41AC Title 222,the Forest Practices rules. Clove also understand tha,tj fore' tation requirements shall not apply only if the land is, in fact, converted t,less applicable alternatives or limitations are provided in Forest Practices ru sued under RCW 76.09.070. I/we further understand that it i t 'on of the forest land owner or the owner of perpetual rights to cut timb r ownd separately from the land to ensure that such reforestation takes place\jwe u9Ierstand that the obligation to reforest shall become the obligation new ner if the land or perpetual timber rights are sold or otherwise tr nsferr . (4) I/we understand that ifJ weh è declared that the land subject to this forest practices applicationlnotifica ' ill not be converted to an active use incompatible with timber growing, that the land shall be subject to a six-year moratorium which will preclude current and/or successor forest land owners from obtaining development peits whije.the moratorium is in place. The moratorium shall begin on the appr vaI a forest practices application/notification. !/we understand that that the county, city, town and/or regional governmental entiieshfieny any or all applications for permits or approvals, includnutqot limited to building permits and subdivision approvals, rel to orestry uses of the land subject to the applIcationInptificatrçi.The local governmental entity may lift the six-year moratoriu if tpch9ses through a process,which shall include public notificati9pQrGdures for appeals and public hearings. 11wejinderstand that the six-year moratorium shall be imposed for appli notifications,which include a Conversion Option Harvest Plan appt?wibyjhe local governmental entity if the forest practices are not u d mpliance with the approved forest practices permit. 6) I/we understand that information regarding the forest practices . n/notification referred to in this Notice may be found at the Washington Sta Department of Natural Resourc9s s uuth et _* Region Offs ,Enumclaw Washington. (7) I/we certify and declare under penalty of perjury under the laws of the state of Washing n that the foregoing is true and correct 2.GG5 Signed is day of at Y {date} (year) ,._ZC # F Land Owner 1 nature) MASON C�IErtkBslli[bnd Owner(Prin Name) AS L For st Land Owner(Signature) Forest Land Owner(Print Name) DNR QQ-41 2120103