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HomeMy WebLinkAboutZON2013-00018 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 DATE ISSUED: September 10,2014 DATE EXPIRES: September 10,2019 MLA NUMBER: MLA13-00062/Za1 t 9 PROJECT PLANNER: David Wayne Johnson PROJECT DESCRIPTION: Site Plan Approval Advanced Determination for a Single Family Residence for parcel 970 800 302 PROJECT LOCATION: Parcel number 970 800 302, Mats Mats Beach, BLK 3, Tax 53, w/tI Tax Z-3 bnd tgth by BLA#121188 Located at 11 S Bayview Drive, Port Ludlow 98365 CONDITIONS: 1.) MANDATORY MEASURES OF HIGH RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three(3)gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 2.) MANDATORY MEASURES FOR HIGH RISK SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirements: a. Variance from Chapter 173 WAC standards granted by Ecology per WAC 173-160-106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200mg/L or within 100 feet of the marine shoreline); or for an existing or proposed groundwater well not subject to an Ecology variance, applicant must provide evidence through a hydrogeologic assessment(relevant components of an Aquifer Recharge Area Report per UDC 3.6.10.e) of a reasonable probability that the subject aquifer will not be degraded by the proposed use of well. b. Installation of a flow meter. c. On-going well monitoring for chloride concentration. d. Submittal of flow and chloride data to the County per monitoring program. 3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water. 3.) All construction activities shall not encroach upon the Fish &Wildlife Conservation Area buffer at 112.5 feet from the OHWM. This includes the storage or preparation of materials. 4.) The Habitat Management Plan has been review and accepted by DCD in order to reduce the 150 foot Fish & Wildlife Habitat Conservation Area buffer from 150 feet to 112.5 feet from the OHWM per JCC 18.22. 5.) The applicant is vested under this SPAAD to the SMP prior the the current version adopted Feburary 21, 2014 and shall apply for a shoreline exemption for single-family residential development at the time of building application. 6.) At the time of building application, the applicant shall demonstrate proof of potable water. 7.) At the time of building application, a stormwater plan that complies with the Stormwater Management Manual for Western Washington shall be submitted. If the proposal cannot meet the prescriptive requirements of the stormwater manual, an engineered stormwater plan shall be required. A letter was submitted by NTI Engineering dated August 15, 2014 stating that the areas reserve for stormwater treatement as rain gardens, are essentially in that state currently without any modification. 8.) Outdoor residential storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary hazard. 9.) Not more than 2 unlicensed vehicles shall be stored on any lot unless totally screened from view of neighboring dwellings and rights-of-way. Such screening shall meet all applicable performance and development standards specific to the district in which the storage is kept, and shall be in keeping with the character of the area. Screening shall meet the requirements of Chapter 18.30 JCC. Outdoor storage of 3 or more junk motor vehicles is prohibited except in those districts where specified as an automobile wrecking yard or junk (or salvage)yard and allowed as a permitted use in Table 3-1 or Chapter 18.18 JCC, and such storage shall meet the requirements of JCC 18.20.100, Automobile wrecking yards and junk (or salvage)yards. In no case, shall any such junk motor vehicles be stored in a critical area. 10.) A minimum of two (2) on-site parking spaces shall be provided for the single family residence. 11.) Duration of Approval-Several of the included findings shall become conditions upon the submittal of a building and septic permit. The duration of approval of the Site Plan shall be effective for five (5)years from the date of original approval by the Administrator. If a building permit has not been issued within the five(5)year period, the Site Plan Approval Advance Determination (SPAAD) cannot be revived or extended except by new application that must meet all the existing criteria and conditions listed in this Section. Knowledge of the expiration date shall be the responsibility of the applicant. The county will not provide notification prior to expiration. Limitations of Approval-Approval of the site plan shall not guarantee the performance of specific site features or improvements (e.g. wells, septic systems, stormwater drainage facilities, etc.) and shall not be immune from changes in state or federal law which are enacted or have an effective date after the date of the Site Plan Approval Advance Determination (SPAAD)and which may affect the performance and implementation of the site plan and associated use or activity. Any subsequent land division or boundary line adjustment of a parcel or lot which has received site plan approval advance determination under this Section 8.7 shall void such site plan approval and require a new site plan approval advance determination application. Approval of a site plan under this section does not constitute authority to comence any development or building activity until such time as final authorizing permits are issued (e.g., septic, wells, stormwater management, or building permit, etc.). Modification to an approved site plan may be required by the applicant and approved by the Administrator subject to the provisions for Type I decisions. (Please request a copy of Section 8.7 of the UDC for criteria pertaining to modifications). 12.) The applicant shall apply for and obtain a septic permit prior to beginning any work approved under this SPAAD permit. 13.) The building setback from adjacent residential parcels is 5 feet, the setback from S Bay view Drive is 20 feet, and the shoreline setback is 30 feet with a Fish &Wildlife Habitat Buffer of 112.5 feet from OHWM. The approved residential building envelope no closer than 82 feet from the top of the shoreline bank as indicated on the site plan. 14.) THE SPAAD HAS NOT BEEN REVIEW FORA ROAD APPROACH, AND A PERMIT HAS NOT BEEN ISSUED. A ROAD MAINTENANCE AGREEMENT WILL BE REQUIRED FOR A SHARED DRIVEWAY. Proponent shall contact the Public Works Department at 360-385-9160 prior to any land disturbing activity for installation of the road approach to obtain an approved permit. Once the permit is issued it will be valid for one (1)year. The Applicant shall adhere to any conditions as set forth in the approach permit. 15.) Building Height is limited to 35 feet. 16.) Maximum impervious surface is 25%. Lot coverage is defined as amount of impervious surface, which includes rooftops, driveways, concrete, etc. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code,all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) The application was reviewed by the Jefferson County Department of Community Development staff on August 27, 2014 for the potential presence of Environmentally Sensitive Areas (ESAs) under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Fish & Wildlife Habitat Conservation Area; FEMA Flood Zone; High Risk SIPZ. 3.) A Habitat Management Plan prepared by Marine Surveys and Assessments dated June 27, 2013 was submittec in conjunction with the application to address the Fish &Wild Habitat Conservation Area buffer reduction. 4.) Fish &Wildlife Habitat Conservation Area Buffers are areas that shall be maintained in their natural condition, however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the buffer are not diminished. 5.) Among the native conifer species which may be used in buffers or for re-vegetation include, but are not limited to: Grand Fir(Aibes grandis), Sitka Spruce (Picea sitchensis), Shore Pine (Pinus contorta), Douglas Fir (Pseudotsuga menziesii), Western Red Cedar(Thuja plicata), and Western Hemlock (Tsuga heterophylla). Among native tree species which may be used includes: Vine Maple (Acer circinatum), Big-Leaf Maple (Acer macrophyllum), Red Alder(Alnus rubra), Pacific Madrone (Arbutus menziesii), Quaking Aspen (Populus tremula), Black Cottonwood (Populus trichocarpa), Bitter Cherry(Prunus emarginata), Oregon White Oak (Quercus garryana), Cascara (Rhamnus purshiana), Pacific Willow(Salix lasiandra), and Scouler's Willow (Salix scouleriana). Among the native shrub species which may be used are: Sevice-Berry(Amalanchier alnifolia), Red Osier Dogwood (Cornus stolonifera) Salal (Gaultheria shallon), Ocean Spray(Holodiscus discolor), Indian Plum (Oemlaria cerasiformis), Pacific Ninebark(Physocarpus capitus), Red Flowering Currant(Ribes sanguineum), Wild Rose (Rosa nutkana), Swamp Rose(Rosa pisocarpa),Willows (Salix ssp.), Red Elderberry(Sambucus racemosa), Snowberry(Symphoricarpos albus), Evergreen Huckleberry(Vaccinium ovatum), Red Huckleberry (Vaccinium parvifolium). 6.) The parcel is located within a High Risk SIPZ(seawater intrusion protection zone) according to the County GIS map. There are mandatory measures identified in the Jefferson County Seawater Intrusion Policy (Resolution 61-02, effective September 23, 2002) that apply to well drilling proposals and building permit applications on existing lots of record. A High Risk SIPZ is defined as: areas within 1,000 feet of a groundwater source with a history of chloride analyses above 200 milligrams per liter(mg/L). 7.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(1)(b)(i). 8.) The site plan as submitted with the SPAAD application on May 7, 2013 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated September 10, 2014 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 9.) This approval is for Site Plan Approval Advanced Determination for a Single Family Residence only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 10.) The proposal was reviewed against criteria in Article VII, Chapter 18.40 JCC. The criteria for approval is as follows: 1. The proposed site plan conforms to all applicable county, state, and federal land use, environmental and health regulations and plans, including but not limited to the following: The Jefferson County Comprehensive Plan and the provisions of the Unified Development Code. Staff comment: The application was reviewed for consistency under the provisions of the Unified Development Code, Comprehensive Plan, and Shoreline Master Program. The application was found in compliance with all ordinances pertaining to the proposed development. 2. Adequate provisions for utilities and other public services necessary to serve the needs of the proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and other public ways, potable water, sewerage disposal, fire flow and other improvements. Staff comment: The parcel is 1.259 acres in size. The site plan, as submitted on May 7, 2013 and stamped on September 10, 2014, complies with Jefferson County Code Table 6-1: Density, Dimension and Open Space Standards. This application is for a Site Plan Approval Advance Determination to eventually construct a single-family residence. Jefferson County Department of Environmental Health reviewed the application and approved it based on the site plan received May 7, 2014. This SPAAD was not reviewed for fire flow due to the application, as proposed, identifies the parcel as using an individual well. Jefferson County has no specific adopted fire flow requirements for permitting. Application of a Coordinated Water System Plan for fire flow requirements for individual projects is inappropriate since the primary purpose is for water system design to assure adequate pipe size, source and storage. The applicant shall provide proof of potable water at the time of building application. This application does not vest the parcel for potable water. Access to this parcel is provided by S Bayview Drive, which is a County(C558909) local access road. The approved site plan has not been reviewed for stormwater requirements. JCC 18.30.060 and JCC 18.30.070 require the applicant to prepare a stormwater plan in compliance with the Washington Department of Ecology Stormwater Management Manual for Western Washington to control stormwater, erosion, and sediments during construction; address permanent measures to stabilize soil exposed during construction; and in the design and operation of stormwater and drainage control systems. At the time of building application, a stormwater plan in compliance with the Stormwater Management Manual for Western Washington shall be submitted. If the proposal cannot meet the prescriptive requirements of the Stormwater Manual, an engineered stormwater plan shall be required. 3. The probable significant adverse environmental impacts of the proposed site plan, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental Policy Act(SEPA) implementing the provisions contained within Section 8 of this Code and Chapter 43.21C RCW. Staff comment: Single family residences are EXEMPT from the State Environmental Policy Act(SEPA). WAC 197-11-800(1)(b)(i) identifies the construction of any residential structure of four(4) dwelling units. 4. Approving the proposed site plan will serve the public use and interest and adequate provision has been made for the public health, safety and general welfare. Staff comment: The proposal will not affect the public health, safety, and general welfare. 11.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that"takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as"critical habitat"for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat,all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term"take"and describes the possible legal consequences when a"take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service(http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project. Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. 12.) The parcel has been designated as Rural Residential 1:5 under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court within twenty-one(21)calendar days of the date of issuance of this land use decision. For more information related to judical appeals see JCC 18.40.340. 41(42.1 y D Administrator MLA13-00062 \\tidemark\data\forms\F MLT IssuePermit_U.rpt 9/10/2014 Page 5 of 5 a , °. u + 1 . I 3.0 CO ii: '+ -.I ►� >� v h� v ' o �v = m m m . � „ 0 04 ^ .I ►� hi v OP 8 co 3 F2 1 a O n ► Q m m CU I NNn 0 c3 I.' °- °- a Z Q a o ' ,o � a � I ry � I m m 2. - -0 o 0 o. W � I� � m N j *�aa) a • v t—•--•--•---- • N µi a) I I� �!.+. . .a. 4►l�w.►wr':10 :it ■N3 e). * -0 6 ■ ini, „ . _... . 4, c...., = 7.: 5 — el , 7'....$4- u* •:. x El x I i 0) 7 = * 0"4. 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W O -P. ›g T1 o m V '< Rl ° o 4111411/1114411 t siNviii....... ..... r 4.` 1+ wiiiiiiiiii • co JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 DATE ISSUED: September 10,2014 DATE EXPIRES: September 10,2019 MLA NUMBER: MLA13-00062/Z06W d 2— PROJECT PLANNER: David Wayne Johnson PROJECT DESCRIPTION: Site Plan Approval Advanced Determination for a Single Family Residence for Parcel 970 800 204 PROJECT LOCATION: Parcel number 970 800 204, Mats Mats Beach, BLK 2, Tax 52, w/tl Tax Z-2 bnd tgth by BLA#121188 Located at 15 S Bayview Drive, Port Ludlow 98365 CONDITIONS: 1.) MANDATORY MEASURES OF HIGH RISK SIPZ: Water conservation measures: 1. Roof and other intercepted precipitation shall be routed to on-site detention ponds and/or other approved means and allowed to be released to the soil slowly. 2. Water collected from Storm water and roof catchments may be used for watering lawns and gardens. Unless catchment water has been treated to meet drinking water standards, there shall be no cross connections allowed between the potable supply and impounded water. 3. Water withdrawn from wells on each property shall not be used for watering of lawns and/or gardens. 4. Ground water withdrawn from each property shall be restricted to a rate of three(3) gallons per minute. 5. Installation of water conserving fixtures such as low flow toilets, faucets and shower restrictors and other water saving plumbing fixtures. 6. Landscaping plan (xeriscaping, native vegetation with minimal amounts of irrigation). Please NOTE that the above listed measures are not intended to be exhaustive, but rather is intended to be illustrative of the types of water conservation measures. 2.) MANDATORY MEASURES FOR HIGH RISK SIPZ: 1. For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available. 2. If public water is unavailable, a qualifying alternative system may be used as proof of potable water or an individual well may be used as proof of potable water subject to the following requirements: a. Variance from Chapter 173 WAC standards granted by Ecology per WAC 173-160-106 for a new groundwater well within 100 feet of a sea-salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200mg/L or within 100 feet of the marine shoreline); or for an existing or proposed groundwater well not subject to an Ecology variance, applicant must provide evidence through a hydrogeologic assessment(relevant components of an Aquifer Recharge Area Report per UDC 3.6.10.e) of a reasonable probability that the subject aquifer will not be degraded by the proposed use of well. b. Installation of a flow meter. c. On-going well monitoring for chloride concentration. d. Submittal of flow and chloride data to the County per monitoring program. 3. If public water is unavailable, a qualifying alternative system may be used as proof of potable water. 3.) All construction activities shall not encroach upon the Fish &Wildlife Habitat Conservation buffer. This includes the storage or preparation of materials. 4.) The Habitat Management Plan has been review and accepted by DCD in order to reduce the 150 foot Fish & Wildlife Habitat Conservation Area buffer from 150 feet to 112.5 feet from the OHWM per JCC 18.22. 5.) The applicant is vested under this SPAAD to the SMP prior the the current version adopted Feburary 21, 2014 and shall apply for a shoreline exemption for single-family residential development at the time of building application. 6.) At the time of building application, the applicant shall demonstrate proof of potable water. 7.) At the time of building application, a stormwater plan that complies with the Stormwater Management Manual for Western Washington shall be submitted. If the proposal cannot meet the prescriptive requirements of the stormwater manual, an engineered stormwater plan shall be required. A letter was submitted by NTI Engineering dated August 15, 2014 stating that the areas reserve for stormwater treatement as rain gardens, are essentially in that state currently without any modification. 8.) Outdoor residential storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary hazard. 9.) Not more than 2 unlicensed vehicles shall be stored on any lot unless totally screened from view of neighboring dwellings and rights-of-way. Such screening shall meet all applicable performance and development standards specific to the district in which the storage is kept, and shall be in keeping with the character of the area. Screening shall meet the requirements of Chapter 18.30 JCC. Outdoor storage of 3 or more junk motor vehicles is prohibited except in those districts where specified as an automobile wrecking yard or junk (or salvage)yard and allowed as a permitted use in Table 3-1 or Chapter 18.18 JCC, and such storage shall meet the requirements of JCC 18.20.100, Automobile wrecking yards and junk(or salvage)yards. In no case, shall any such junk motor vehicles be stored in a critical area. 10.) A minimum of two(2)on-site parking spaces shall be provided for the single family residence. 11.) Duration of Approval-Several of the included findings shall become conditions upon the submittal of a building and septic permit. The duration of approval of the Site Plan shall be effective for five (5)years from the date of original approval by the Administrator. If a building permit has not been issued within the five(5)year period, the Site Plan Approval Advance Determination (SPAAD)cannot be revived or extended except by new application that must meet all the existing criteria and conditions listed in this Section. Knowledge of the expiration date shall be the responsibility of the applicant. The county will not provide notification prior to expiration. Limitations of Approval -Approval of the site plan shall not guarantee the performance of specific site features or improvements (e.g. wells, septic systems, stormwater drainage facilities, etc.)and shall not be immune from changes in state or federal law which are enacted or have an effective date after the date of the Site Plan Approval Advance Determination (SPAAD)and which may affect the performance and implementation of the site plan and associated use or activity. Any subsequent land division or boundary line adjustment of a parcel or lot which has received site plan approval advance determination under this Section 8.7 shall void such site plan approval and require a new site plan approval advance determination application. Approval of a site plan under this section does not constitute authority to comence any development or building activity until such time as final authorizing permits are issued (e.g., septic, wells, stormwater management, or building permit, etc.). Modification to an approved site plan may be required by the applicant and approved by the Administrator subject to the provisions for Type I decisions. (Please request a copy of Section 8.7 of the UDC for criteria pertaining to modifications). 12.) THE SPAAD HAS NOT BEEN REVIEW FORA ROAD APPROACH, AND A PERMIT HAS NOT BEEN ISSUED. A ROAD MAINTENANCE AGREEMENT WILL BE REQUIRED FOR A SHARED DRIVEWAY. Proponent shall contact the Public Works Department at 360-385-9160 prior to any land disturbing activity for installation of the road approach to obtain an approved permit. Once the permit is issued it will be valid for one(1)year. The Applicant shall adhere to any conditions as set forth in the approach permit. 13.) The applicant shall apply for and obtain a septic permit prior to beginning any work approved under this SPAAD permit. 14.) The building setback from adjacent residential parcels is 5 feet, the setback from S Bay view Drive is 20 feet, and the shoreline setback is 30 feet with a Fish &Wildlife Habitat Buffer of 112.5 feet from OHWM. The approved site plan shows the proposed residential building envelope as being no closer than 93 feet from the top of the shoreline bank. 15.) Building Height is limited to 35 feet. 16.) Maximum impervious surface is 25%. Lot coverage is defined as amount of impervious surface, which includes rooftops, driveways, concrete, etc. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code, all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) A Habitat Management Plan prepared by Marine Surveys and Assessments dated June 27, 2013 was submittec in conjunction with the application to address the Fish &Wild Habitat Conservation Area buffer reduction. 3.) Fish &Wildlife Habitat Conservation Area Buffers are areas that shall be maintained in their natural condition, however, minor pruning or alteration of vegetation may be permitted as long as the function and character of the buffer are not diminished. 4.) Among the native conifer species which may be used in buffers or for re-vegetation include, but are not limited to: Grand Fir(Aibes grandis), Sitka Spruce (Picea sitchensis), Shore Pine (Pinus contorta), Douglas Fir (Pseudotsuga menziesii), Western Red Cedar(Thuja plicata), and Western Hemlock(Tsuga heterophylla). Among native tree species which may be used includes: Vine Maple (Acer circinatum), Big-Leaf Maple (Acer macrophyllum), Red Alder(Alnus rubra), Pacific Madrone (Arbutus menziesii), Quaking Aspen (Populus tremula), Black Cottonwood (Populus trichocarpa), Bitter Cherry(Prunus emarginata), Oregon White Oak (Quercus garryana), Cascara (Rhamnus purshiana), Pacific Willow(Salix lasiandra), and Scouler's Willow (Salix scouleriana). Among the native shrub species which may be used are: Sevice-Berry(Amalanchier alnifolia), Red Osier Dogwood (Cornus stolonifera) Salal (Gaultheria shallon), Ocean Spray(Holodiscus discolor), Indian Plum (Oemlaria cerasiformis), Pacific Ninebark(Physocarpus capitus), Red Flowering Currant(Ribes sanguineum), Wild Rose (Rosa nutkana), Swamp Rose(Rosa pisocarpa), Willows (Salix ssp.), Red Elderberry(Sambucus racemosa), Snowberry(Symphoricarpos albus), Evergreen Huckleberry(Vaccinium ovatum), Red Huckleberry (Vaccinium parvifolium). 5.) The parcel is located within a High Risk SIPZ(seawater intrusion protection zone)according to the County GIS map. There are mandatory measures identified in the Jefferson County Seawater Intrusion Policy(Resolution 61-02, effective September 23, 2002)that apply to well drilling proposals and building permit applications on existing lots of record. A High Risk SIPZ is defined as: areas within 1,000 feet of a groundwater source with a history of chloride analyses above 200 milligrams per liter(mg/L). 6.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(1)(b)(i). 7.) The site plan as submitted with the SPAAD application on May 7, 2013 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated September 10, 2014 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 8.) This approval is for Site Plan Approval Advanced Determination for a Single Family Residence only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 9.) The parcel has been designated as Rural Residential 1:5 under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. 10.) The proposal was reviewed against criteria in Article VII, Chapter 18.40 JCC. The criteria for approval is as follows: 1. The proposed site plan conforms to all applicable county, state, and federal land use, environmental and health regulations and plans, including but not limited to the following: The Jefferson County Comprehensive Plan and the provisions of the Unified Development Code. Staff comment: The application was reviewed for consistency under the provisions of the Unified Development Code, Comprehensive Plan, and Shoreline Master Program. The application was found in compliance with all ordinances pertaining to the proposed development. 2. Adequate provisions for utilities and other public services necessary to serve the needs of the proposed site plan have been demonstrated, including open spaces, drainage ways, roads, and other public ways, potable water, sewerage disposal, fire flow and other improvements. Staff comment: The parcel is 1.228 acres in size. The site plan, as submitted on May 7, 2013 and stamped on September 10, 2014, complies with Jefferson County Code Table 6-1: Density, Dimension and Open Space Standards. This application is for a Site Plan Approval Advance Determination to eventually construct a single-family residence. Jefferson County Department of Environmental Health reviewed the application and approved it based on the site plan received May 7, 2014. This SPAAD was not reviewed for fire flow due to the application, as proposed, identifies the parcel as using an individual well. Jefferson County has no specific adopted fire flow requirements for permitting. Application of a Coordinated Water System Plan for fire flow requirements for individual projects is inappropriate since the primary purpose is for water system design to assure adequate pipe size, source and storage. The applicant shall provide proof of potable water at the time of building application. This application does not vest the parcel for potable water. Access to this parcel is provided by S Bayview Drive,which is a County(C558909) local access road. The approved site plan has not been reviewed for stormwater requirements. JCC 18.30.060 and JCC 18.30.070 require the applicant to prepare a stormwater plan in compliance with the Washington Department of Ecology Stormwater Management Manual for Western Washington to control stormwater, erosion, and sediments during construction; address permanent measures to stabilize soil exposed during construction; and in the design and operation of stormwater and drainage control systems. At the time of building application, a stormwater plan in compliance with the Stormwater Management Manual for Western Washington shall be submitted. If the proposal cannot meet the prescriptive requirements of the Stormwater Manual, an engineered stormwater plan shall be required. 3. The probable significant adverse environmental impacts of the proposed site plan, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an unacceptable adverse effect upon the quality of the environment, in accordance with the State Environmental Policy Act(SEPA) implementing the provisions contained within Section 8 of this Code and Chapter 43.21C RCW. Staff comment: Single family residences are EXEMPT from the State Environmental Policy Act(SEPA). WAC 197-11-800(1)(b)(i) identifies the construction of any residential structure of four(4) dwelling units. 4. Approving the proposed site plan will serve the public use and interest and adequate provision has been made for the public health, safety and general welfare. Staff comment: The proposal will not affect the public health, safety, and general welfare. 11.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that"takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as"critical habitat"for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters -Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there -Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking"bald eagles. This federal law defines the term "take"and describes the possible legal consequences when a"take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project. Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. 12.) The parcel has been designated as Rural Residential 1:5 under the Jefferson County Comprehensive Land Use Map effective August 28, 1998. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court within twenty-one(21)calendar days of the date of issuance of this land use decision. For more information related to judical appeals see JCC 18.40.340. V'"" r,, i istr(-1.,.._, it �I't.J�( MLA13-00062 \\tidemark\data\forms\F_MLT_IssuePermit U.rpt 9/10/2014 Page 5 of 5 1 ® . 1 I' . a O i . en CD o 1f..♦"`Wi sir' .`' :2 a x . I N �j } ._« c rn to c -p �� l.. ,r' I 13) -- C7 N -, g > 3. = v a I I+F ,- v N c m N O co N3p.� = o. a) 3 A 7 . j .. N ' I D 1 3 CD O N �V y �/ `� O 'O fjj. � 13 I ' cp O + to +� O Q 04 a V o P m N ! I `< f H ' x� I 4 ( I `►''r�£a -.' t' "�"'�' 4 t,* !��►���,,�r�:!;!►.4.... Ir.v� 4 r �FE:. :... a.,.... w wR'1 ;.: . ∎ 4. t1- + ,46 _ . ..< ^...$1■Alo, A.AA A, * V' ' ' ►r 'rw-- ∎ 4.4 I 6 AMR it +� O _ E cD 1ILtI Q O• O •D X w : O O <n N D i o CF.' a p p o a .O 0 N o a v. •• o =a - � 03- N � N Nca R� a: � �yo° m_ou°, �� —Cll. 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F(360)452-8498 BRIAN BENDER -_ NORTHWESTERN TERRITORIES, INC. II/Pt• 717 SOUTH PEABODY STREET,PORT ANGELES,WA 98362 l 914 WASHINGTON STREET SUITE 6,PORT TOWNSEND,WA 98368 Engineers Land Surveyors Geologists ' Construction Inspection Materials Testing Port Angeles(360)452-8491 E-Mail:infonti4u.com August 15, 2014 Brian Bender Bender/Huey Family Trust 1743 11th Avenue San Francisco, CA 94122 ECEUVE Subject: Drainage Characteristics —Area of Mats Mats Bay TP# 970-800-302, 970-800-303, 970-800-204 AUG 1 9 2014 Dear Mr. Bender, JEFFERSON COUNTY DEPT.OF COMMUNITY DEVELOPMENT This letter with attached Drainage Exhibit, Conceptual Development Plans, and Area Photos is being compiled to understand natural drainage paths in this area and why there is a wet area that has been created over time on this Bender/Huey property. There is an existing natural drainage path that flows north to south from Olele Point Rd south across the east-west portion of N Bayview Drive, then south along the east side of S Bayview Drive through established residential properties, that eventually outfalls to Mats Mats Bay. It appears that this natural drainage path has been filled in on many of these properties, with culverts and swales put in place to mitigate the natural drainage path. The property listed above and shown in attached exhibits is one of the few properties along this path that has NOT had any such mitigation. The property located north of the this property conveys drainage through a culvert to these parcels. The properties located to the south of this property appears to have been filled in with facilities put in place to convey the drainage. We do not have any pre-developed elevations for this southern property and do not specifically know how much fill was added. There is a damming effect created at the southern property boundary th at is not allowing d r in a e to pass through the Bender/Huey property. I am not attempting to assign blame for the resultant wet area on this property. I am stating that the Bender/Huey property would not be in the limiting condition that it is in without the development practices of the surrounding properties. A single driveway with culvert was proposed for access to the building sites on reference property. The areas noted as rain gardens are essentially in that state currently without any modification. I _ _ -._ NORTHWESTERN TERRITORIES, INC. ■N,R� 717 SOUTH PEABODY STREET,PORT ANGELES,WA 98362 l' 914 WASHINGTON STREET SUITE 6,PORT TOWNSEND,WA 98368 li a f t Engineers Land Surveyors Geologists ' k Construction Inspection Materials Testing Port Angeles(360)452-8491 11 E-Mail:info(d2nti4u.com The proposed development plan of the two lots as proposed will allow for residential developments up the hill on the east side of the properties that will maintain a responsible distance from the shoreline and allowing an elevated view to the east, with an isolation buffer from S Bayview Drive to the west. Attached are numbered photos referenced on the attached BASIN AREA CHARACTERISTICS sheet that show conditions on the ground at locations along the drainage path. Please contact me with any questions or request for specific project information. Sincerely, e���NTI Engineering and Land Surveying 1 f�.y ili if+ . 1, ai 1, A � I � FGIISEP S/ONALft'." Lk i i it _ ■ . fustin C. Wilson, P.E. rincipal Engineer AUG 1 g ?n14 _ JF '1 ` ... 'v DEPT Or CP,,,, �nrr ■ -._. NORTHWESTERN TERRITORIES, INC. 4 '3;" 717 SOUTH PEABODY STREET,PORT ANGELES,WA 98362 • l` 914 WASHINGTON STREET SUITE 6,PORT TOWNSEND,WA 98368 E t Engineers Land Surveyors Geologists Construction Inspection geles Materials Testing Port An 452-8491 E-Mail: info(a(360)nti4u.com �i^.p; rK� ray :v °� ft. - °„1,,,, "I tr* ;^ kY �S k■ } '4 ., +s t' w ,44 < ' : rti. . "" A, '" v`.41, •5 " q t •Photo #1 - Looking North Photo #2 - Looking NE to '1, t Y g 1°' ' P), n.t , Photo #3 - Looking East Photo #4 - Looking South •-• ,' CEgV {E0 hAUG 1 9 2014 JEFFERSON COUNTY DEPT OF COMMIJNITY DEVELOPMENT 3. lli- NORTHWESTERN TERRITORIES, INC. ' rR�' 717 SOUTH PEABODY STREET,PORT ANGELES,WA 98362 l 914 WASHINGTON STREET SUITE Land Surveyors 6,PORT TOWNSENDGeologists,WA 98368 '' fr b Construction Inspection Materials Testing r Port Angeles(360)452-8491 II E-Mail:infonti4u.com " r ,ty 41 my w• t 6 ;' Y . ,--,,,,'1. r as.' ,., 4I,y '«. 4774-,":"..-t'a . c,f et.,.'. . a �; f i, ,,,t,,„, Y ,f-. ' g q ,fly_ " . sal C .. rs , =r � , ,a �'� r w:�,.; y . �h , � � "1�F F r . e 7 x • , K� . g�g c Photo #5 - Looking North Photo #6 - Looking North € � � * rr y x �f. �1 S' �W � ,.i y '�'.g'k .J �ri#` ,s+� 2 ?' 1 ;F �, Ica .41,4,•\. -�I '! t , ' ,„, r". ,s t@„, ,3+a '� .w �,, 1` �``.f -. p k A T e, �+lk , ' ' S � r"t.�.04c.�,-.. �,rr jai r ➢.'!' �w r t, .. tt �`r,'" � ,1 "` 1 ra 4, a 3 t eG..:.ya, C' lep a *I'. 'l' f ,..4- Li.' , yN+.,�` _x�a 6 1 r 1 . ,,� 'R' .I s �" , , - sl --* — xr ? r•Z J d o-4 tits L !1 t�"s..si it ++f ��it w+qt s. ' ♦ »sue. ti '! �� � R�,,P ',�+ aS--.1.4 11 `-7•parr$� .> .«,, • ..7 _`•r i .. eY .. 3�" rsr-,;y . '.�, ,-,- 4- M-,e- j,.fig'_}�r n ' .. f '+e,;• 1r ...s .' � fe. ,.-cad:" 0 i •as° v , i s �aY #}Jk tit �z 6 r��Ak t j b ' —7 ✓ r+s Y S 1 w Y r tY,�C `L yr Photo #7 - Looking South Photo #8 - Looking North Ec_ EUVEB D AUG 1 9 2014 JEFFERSON COUNTY DEPT.OF COMMUNITY DEVELOPMENT -._. NORTHWESTERN TERRITORIES, NC. ' rR4 717 SOUTH PEABODY STREET,PORT ANGELES,WA 9836I l_ 914 WASHINGTON STREET SUITE 6,PORT TOWNSEND,WA 98368 ill E t Engineers Land Surveyors Geologists Construction Inspection Materials Testing ' Port Angeles(360)452-8491 X E-Mail: info@nti4u.com a r .- ' k" . k ea— a~�, ! ,. ft, x 5 i; Y .,, ` &^ +yam... t '� *-' ,_ w " ` .n , c` } ' e ,as.�,°4^a, x r j 4-f. r ‘ \ a, � ...— ,, # tr,,,, x+ ssn ' -f tom wy k, ut. 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REVISION DATE DATE: 4/19/13 - ;.- PRELIMINARY SITEPLAN N SCALE: AS SHOWN c.4� NTI ENGINEERING 0 DESIGNED BY: JGW a; & SURVEYING SITE IMPROVEMENTS 71PORT ANGELES, 983627 11 °RAWNBY JCW/ZNS W W MATS MATS BAY W.NTI4U.COM N CHECKED: JCW REVIEW: JCW fJ7, F•(360)452-8498 BRIAN BENDER Bender Project Habitat Management Plan Parcel # 970800303 , u s Mats Mat Bay, Jefferson County, WA. \4 Qi 2415 June 27th, 2013 For Brian Bender 1743 11th Avenue San Franciso,California 94122 Prepared by Marine Surveys&Assessments 521 Snagstead Way Port Townsend,.WA 98368 Phone:(360)385-4073 Emai marine_srrveys-incggma1-can Table of Contents I. Project Information 3 A. Project Location 3 B. Project Description 3-4 C. Action Area 4 II. Habitat and Species Information 4-7 A. Habitat Description 4 B. Species Description 4-5 1. Puget Sound Chinook 5 2. Bull Trout 5-6 3. Puget Sound Steelhead 6 4. Rockfish 6 5. Marbled Murrelets 6 6. Forage Fish 7 7. Stellar Sea Lions 7 8. Humpback Whales 7 9. Leatherback Sea Turtle 7 10. Southern Resident Killer Whales 7 III.Effects Analysis of Proposed Development 8 A. Direct Effects 8 B. Indirect Effects 8-9 C. Impact Summary 9 IV.Mitigation and Management Measures to Minimize or Avoid impacts 10-11 V. Determination of Effect 12 VI. Mitigation Planting,and Monitoring Plan 13-15 References 16-17 Marine Surveys&Assessments Bender Project: Habitat Management Plan Page 1 Figures 1. Project Location 18 2. Proposed Construction Footprint 19 3. Parcel Boundaries 20 4-8. Site Pictures 20-25 Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 2 BENDER HABITAT MANAGEMENT PLAN The proponents are proposing to construct a home site on their property within a Fish and Wildlife Habitat Conservation Area(FWHCA)buffer. A Habitat Management Plan(HMP) following the standards of Jefferson County Code (JCC):18.22.440 is required in accordance with JCC:18.22.265 because the proposed project will alter and decrease the standard buffer. The proposed construction is not expected to: adversely affect the habitat function and value of the adjacent FWHCA, reduce the buffer greater than 75%of the standard buffer, and is proposed on a stable slope with a gradient less than 30%.Additionally a mitigation plan following the standards of JCC:18.22.350 is included in this HMP in order to minimize and compensate for any potential impact to the buffer attributed to the proposed project. Due to the circumstances above, buffer reduction is requested in accordance with JCC:18.22.270. I.PROJECT INFORMATION A.Project Location: Section 33, Township 29 North, Range 01 East WM. Jefferson County Washington Parcel 970800303 21 South Bayview Drive, Port Ludlow, WA 98365 Latitude 47°57'42.61"N Longitude 122°41'13.49"W According to the Jefferson County Assessor,the parcel 970800303 is roughly 0.45 acres (19,528.2 square feet) in size. The parcel is listed as vacant land with no current development. The property is accessed via South Bayview Drive which borders it on the West. Developed residential parcels border the property to the North (with another vacant parcel immediately to North), and South,while the shoreline along the inlet of Mats Mat Bay of Puget Sound border the property to the East. The project location is seen in Figure 1. B.Project Description: The proposed development is a home site which will have a 900 square feet footprint(Fig. 2). Due to the size of the lot,the proponents are applying for a reduction to the required FWHCA set-backs and buffers. The building site is approximately 117.5'landward of the OHMW. The required FWHCA buffer(150')and the building set back of 5'(in addition to the 150'FWHCA buffer)as stated in JCC:18.22.270 cannot be met on this proposed project. This is a shortfall of FWHCA and building setback buffers of 37.5'in total, a 24%reduction in the required buffer. The location of the proposed development on this property was strategically chosen due to the slightly higher elevation(50'above sea level)of the area and the fact that the more landward areas(45'above sea level) are periodically flooded by drainage from the adjacent property to the north. Due to this periodical inundation, a rain garden is also proposed in the flood area. Property dimensions are not quite rectangular: 69.83' on the Western border, 362.37' on the Northern border, 71.07'on the Eastern boundary and 355.86'on the Southern border, see parcel B in Figure 3. Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 3 Given the current state of the habitat on this site(see Section II below), future development and management of the property can incorporate mitigation to minimize and compensate for any potential impacts,while protecting and enhancing the habitat functions and values of the adjacent FWHCA,thus meeting the intent of the JCC:18.22.270. C.Action Area: The action area include the area within the property and extending 37.5'into buffer areas as the potential direct and indirect impacts to the adjacent FWHCA(listed in Section III below) are expected to be minimal. II.HABITAT AND SPECIES INFORMATION A.Habitat description As stated above,this site is described as vacant land that is currently undeveloped. The site is upland(between 40'and 50' above sea level)of the eastern bluff bordering the inlet of Mats Mat Bay,the top of the bluff is approximately located 19.5' from the OHWM. This area is a relatively dense upland forest consisting of native vegetation including lar g e Douglas Firs(Pseudotsuga menziesii)and large Western Red Cedars (Thuja plicata), with an understory primarily consisting of Western Sword Ferns(Polystichum munitum)with some interspersed Wild Roses (Rosa spp.)and several invasive plant species including English Ivy(Helix hedera),Herb Robert (Geranium robertianum) and Himalayan Blackberry(Rubus discolor). In addition to the invasive plant species,there is trash on site including derelict camper trailer, brick piles, bed springs, etc. that would be prime targets for removal and mitigation(see Figures 4-9). B. Species description Priority species located within the vicinity of Mats Mat Bay and the action area includes Bald eagle, Cutthroat Trout, Coho Salmon, oyster and subtidal hardshell clam(WDFW 2011).Priority habitat types occurring in and near the project area include palustrine, estuarine and wetland areas. Given that the proposed construction will be located 117.5' landward of the OHMW and on a bluff that is 50'above sea level, it is highly unlikely that the species and habitats listed above will be affected by construction activities. Near project area,the Puget Sound chinook(Oncorhynchus tshawytscha) is listed under the Endangered Species Act as a threatened species according to the National Marine Fisheries Service(NMFS) (Federal Register/Vol. 64,No. 56/March 24, 1999/Rules and Regulations). On May 11, 2007,NMFS also listed the Puget Sound steelhead (Oncorhynchus mykiss) as a threatened species under the ESA(Federal Register/Vol. 72,No. 91 /Friday, May 11, 2007/ Rules and Regulations).Bull trout(Salvelinus confluentus)were listed as threatened by the United States Fish and Wildlife Service(USFWS) in October of 1999. The project site is not located on a shoreline designated as critical habitat for Coastal-Puget Sound bull trout(Federal Register/Vol. 70,No. 185 /September 26, 2005 /Rules and Regulations). Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 4 On April 27, 2010,NOAA listed the distinct population segments(DPSs) of yelloweye and canary rockfish as threatened species under the Endangered Species Act(ESA)and listed the Georgia Basin DPS of bocaccio as endangered(Federal Register/Vol. 75,No. 81 /April 28, 2010/Final Rule). The Georgia Basin refers to all of Puget Sound, including the area around the San Juan Islands, and the Strait of Georgia north to the mouth of the Campbell River in British Columbia.The western boundary of the Georgia Basin runs from east of Port Angeles to Victoria in the Strait of Juan de Fuca. On November 15, 2005 NMFS listed the Southern Resident killer whale(Orcinus orca) as endangered under ESA(Federal Register/Vol. 70,No.222/November 18,2005 /Rules and Regulations).NOAA Fisheries has designated critical habitat for killer whales(Federal Register/ Vol. 71,No. 229/November 29, 2006/Final Rule). "Critical habitat includes waters deeper than 20'relative to a contiguous shoreline delimited by the line of extreme high water. The project site is not located in the critical habitat for the Southern Resident killer whale. On September 2,2005,NMFS issued the final rule designating critical habitat for 12 Evolutionarily Significant Units(ESUs)of West Coast salmon, including the Puget Sound Chinook Salmon ESU and the Hood Canal Summer-run Chum ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook ESU(Federal Register/Vol 70, No.170/Friday, September 2, 2005/Rules and Regulations). NMFS also listed the Steller sea lion(Eumetopias jubatus)as threatened and both the humpback whale(Megaptera novaeangliae)and the Pacific leatherback turtle(Dermochelys coriacea)as endangered species that may occur in Puget Sound. Marbled murrelets(Brachyramphus marmoratus) have also been listed as threatened by the USFWS since 1992. There is no marbled murrelet designated critical habitat near the project site (Federal Register/ Vol. 61,No. 102/ 1996). There is no designated critical habitat for Steller sea lions or leatherback sea turtles in Washington and no designated critical habitat for humpback whales at this time. 1.Puget Sound Chinook: Puget Sound chinook, also called the king salmon, are distinguished from all other Pacific salmon by their large size.Most chinook in the Puget Sound are "ocean-type"and migrate to the marine environment during their first year(Myers et al. 1998). They may enter estuaries immediately after emergence as fry from March to May at a length of 40 mm., or they may enter the estuaries as fingerling smolts during May and June of their first year at a length of 60-80 mm. (Healey 1982). Chinook fry in Washington estuaries feed on emergent insects and epibenthic crustaceans(gammarid amphipods,mysids, and cumaceans). As they grow and move into neritic habitats,they feed on decapod larvae, larval and juvenile fish, drift insects, and euphausiids (Simenstad et al. 1982). These ocean- type chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. According to WDFW priority habitat and species maps,no Puget Sound Chinook Salmon are present near Mats Mat Bay or the action area(WDFW 2011). 2. Bull Trout: Coastal-Puget Sound bull trout have ranged geographically from northern California(at present they are extinct in California)to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern Japan and Korea. Bull trout are members of the Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 5 char subgroup of the salmon family. Spawning occurs typically from August to November in streams and migration to the open sea(for anadromous populations)takes place in the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15 degrees C are thought to limit bull trout distribution(Rieman and McIntyre 1993). They live both in fresh and marine waters. Some migrate to larger rivers(fluvial), lakes (adfluvial), or saltwater(anadromous)before returning to smaller streams to spawn. Others (resident bull trout)complete all of their life in the streams where they were reared. Habitat degradation, dams and diversions, and predation by non-native fish threaten the Coastal- Puget Sound population.The Coastal-Puget Sound bull trout population is thought to contain the only anadromous forms of bull trout in the contiguous United States(Federal Register/ Vol. 64,No. 210/ 1999). According to WDFW priority habitat and species maps, no Coastal- Puget Sound bull trout are present near Mats Mat Bay or the action area(WDFW 2011). 3.Puget Sound Steelhead: Steelhead is the name given to the anadromous form of the species O. mykiss. The freshwater residents are called Rainbow trout. Steelhead can return to the ocean after spawning and migrate to freshwater to spawn again,unlike Pacific salmon. Steelhead fry can spend one to two years in freshwater before heading to the open ocean, where they may stay for two to four years before returning to Washington streams. ). According to WDFW priority habitat and species maps, no Puget Sound Steelhead are present near Mats Mat Bay or the action area(WDFW 2011). 4.Rockfish: Bocaccio rockfish are found more often in South Puget Sound,whereas yelloweye are more prevalent in North Puget Sound.All three species of rockfish remain close to the surface as larvae and pelagic juveniles.As juveniles they settle to benthic environment.They prefer to settle in rocky reefs, kelp beds, low rock and cobble areas(Love et al. 2002). Yelloweye juveniles are also found in sponge gardens. As the three species grow larger they move into deeper waters. Adults are found around rocky reefs and coarse habitats. Yelloweye rockfish are commonly found at depths from 300'to 590'. Canary rockfish usually habitat the area between 160'to 820' and bocaccio rockfish are usually found between 160'and 820' (Federal Register/Vol. 75,No. 81 /Wednesday, April 28, 2010/Rules and Regulations.). All three species are opportunistic feeders,with their prey dependent on their life stage. Predators of the adults of these species include marine mammals, salmon, other rockfish, lingcod and sharks.No effects on juvenile rockfish are expected as the project site is located well above the OHMW and away from any rockfish habitat. 5.Marbled Murrelets: Marbled murrelets are small marine birds in the alcidae family.They spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species(WDW 1993).Adult birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch,Pacific herring, surf smelt, other small schooling fish and invertebrates. There is no critical habitat within close range of the project and there are no nests close to the project site. Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 6 6.Forage Fish: Migrating salmon utilize baitfish such as Pacific herring(Clupea harengus pallasi), sand lance(Ammodytes hexapterus) and surf smelt(Hypomesus pretiosus) as prey resources. These forage fish form a very important trophic link between plankton resources and a wide variety of predatory marine organisms as well as providing food for marbled murrelets and bald eagles. Due to the location of the project site being well above the OHMW, no forage fish or forage fish habitat is expected to be impacted. 7. Steller Sea Lions: Steller sea lions are found on the west coast from California to Alaska. Breeding colonies do not exist on the Washington coast but may be found in British Columbia and Oregon(Osborne et al. 1988). There are no documented haulouts or rookeries in the area(Jeffries et al. 2000), although sea lions are seen in the Puget Sound in the winter (October-May)where their visits are transitory. 8.Humpback Whales: Due to excessive whaling practices in the past, humpback whales are rarely seen in Puget Sound, even though in the past they were much more prevalent(Angell and Balcomb 1982).According to Osborne et al. (1988),there were only three sightings of humpback whales in Puget Sound from 1976 to 1988. However,more recently, a juvenile humpback whale was sighted near Johnson Point(NE of Olympia),with several fresh injuries (Orca Network Sighting Report-July 10,2006).Another sighting was made in Dalco Passage between Gig Harbor and Pt. Defiance on June 23, 2011 (Orca Network Sighting Report). Due to the location of the project site being well above the OHMW, no Humpback Whales are expected to be impacted. 9.Leatherback Sea Turtle: There is no breeding habitat for these sea turtles in Washington, even though they are occasionally seen along the coast(Bowlby et al. 1994).They are rarely seen in Puget Sound(McAllister,pers. comm.).Again, it seems highly unlikely that these turtles would be found in Mats Mat Bay or the action area. 10. Southern Resident Killer Whales: The Southern Resident population consists of three pods: J,K and L. According to Wiles (2004), "While in inland waters during warmer months, all of the pods concentrate their activity in Haro Strait,Boundary Passage,the Southern Gulf Islands,the eastern end of the Strait of Juan de Fuca and several localities in the southern Georgia Strait."During early autumn,these pods, especially J pod, extend their movements into Puget Sound to take advantage of the chum and chinook salmon runs.Resident killer whales spend more time in deeper water and only occasionally enter water less than 5 meters deep (Baird 2001).According to information provided by NMFS,no Southern Resident killer whales have been seen in Mats Mat Bay or near the action area from the period between 1990 and 2008,when data was analyzed(http://www.nwr.noaa.gov/Marine- Mammals/upload/MM-KW-map.pdf). Similar to the Humpback Whales, due to the location of the project site being well above the OHMW,no Killer Whales are expected to be impacted. Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 7 III. EFFECT ANALYSIS OF PROPOSED DEVELOPMENT A.Direct Effects: The potential direct impacts caused by the construction process are as follows. 1.Decreased number of non-native/invasive plants and native plants. As described in Section II A,the location of the proposed home site is vegetated with native as well as non-native/invasive plants. The greatest impact of this project will be the removal of native plants in the footprint of the proposed home site. Information for the mitigation of native plants removal can be found in Section IV. In contrast to native plants, non-native/invasive plants have little value in promoting or supporting the FWHCA buffer area,moreover these plants are detrimental to the health of the ecosystem as they out compete native plants. As much as possible of the non-native/invasive plants on site will be removed (see Section VI for details). 2. Increased impervious surfaces.At present,this proposal to build home site is on an unimproved lot and would increase the impervious surface square footage. Possible mitigation for this impact will be the use installation of a rain permeable drive and rain garden (see Section IV for details). B.Indirect Effects: The potential indirect impacts caused by the construction process are as follows. 1. Siltation into the shoreline areas. Siltation has the potential to bury forage fish eggs(although no forage fish is known to be present base on WDFW PHS maps). In the case of this project it is unlikely that any siltation will occur due to the vegetation that is present in the buffer in addition to Best Management Practices for construction activities near the shoreline(see Section IV for details)that will be used. The first and major facet of Best Management Practices has been designing a landscape that requires minimal supplemental water(U.S. Department of Energy). Additionally, siltation could be caused by soil erosion and runoff during construction and land preparation. 2.FWHCA Buffer. The reduction of a FWHCA buffer can have indirect and/or direct effects on the species that utilize the FWHCA. The indirect and direct effects on species utilizing the FWHCA are expected to be minimal in this project. This because the proposed construction will be located 117.5'landward of the OHMW and on a bluff that is 50'above sea level from the actual FWHCA and only a 24%buffer reduction is requested.Additionally as this site is vacant and undeveloped unlike the adjacent properties,the majority of the buffer will remain intact and functional. Lastly, as non-native/invasive plants as well as derelict Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 8 trash are present on site. Mitigation through non-native/invasive plant as well as trash removal has the potential to further protect and enhance this FWHCA buffer area(see Section IV). C.Impact Summary The overall potential impacts of the proposed development on the adjacent FWHCA and its buffers are expected to be minimal given the proper precautions are taken as described above and in Section IV.Additionally,non-native/invasive plants and derelict trash are prevalent throughout the buffer areas. Given the circumstances above,the development of the proposed structure and the following mitigation plan will enhance and protect the functions of the FWHCA buffer. Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 9 IV.MITIGATION AND MANAGEMENT MEASURES TO MINIMIZE OR AVOID IMPACTS A.FWHCA Buffer: This shoreline environment is part of a fish and wildlife habitat critical area. The FWHCA buffer provides a variety of functions and values including shoreline protection(erosion control),habitat formation,pollution filtration,moderating water temperature, providing habitat for terrestrial animals and insects, and providing proper nutrient, leaf litter, and invertebrate prey sources for aquatic life.Removal of non- native/invasive plants and derelict trash from the site will improve and protect the riparian functions and values within this FWHCA buffer.As noted above in Direct Effect as well as in the following Mitigation Plan(Section VI), any non-native/invasive plants and derelict trash on site will be removed. B.Rain permeable driveway and rain garden: In order to minimize and mitigate for the direct impacts of increased impervious surfaces due to this project,the installation of a rain garden and rain permeable driveway is proposed. By constructing a rain permeable driveway the total amount of impervious surfaces due to the proposed home site will be lessened.A rain garden will enhance and provide various ecosystem functions including habitat complexity, shading, and erosion control in addition to filtration of pollution from freshwater runoff.This rain garden will be developed following the Rain Garden Handbook for Western Washington Homeowners by Washington State University Pierce County Extension Office (Hinman, 2007) and will consist of only native plants. The location of the rain garden will be above the bluff in the lower elevation(45'above sea level) area of the property that is periodically flooded as seen in Figure 2. C. Siltation Mitigation: There will be several methods used to prevent siltation. On December 13,2002 (with a technical correction on December 20), Jefferson County adopted the Stormwater Management Manual for Western Washington, issued by the Washington State Department of Ecology in August 2001 and updated in August 2012, as the set of stormwater management standards for all new development and redevelopment in Jefferson County(WSDE 2012). 1.Protecting the dense vegetation on site and at the top of the bluff will prevent mass soil erosion. 2.The following precautions for siltation prevention during construction processes are suggested in Volume II"Construction Stormwater Pollution Prevention" in the Stormwater Management Manual for Western Washington. These Best Management Practices(BMPs)are as follows: • BMP C101: Preserving Natural Vegetation • BMP C102: Buffer Zones • BMP C103: High Visibility Fence • BMP C105: Stabilized Construction Entrance/Exit • BMP C106: Wheel Wash Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 10 • BMP C107: Construction Road/Parking Area Stabilization • BMP C 120: Temporary and Permanent Seeding • BMP C121: Mulching • BMP C122:Nets and Blankets • BMP C 123: Plastic Covering • BMP C 124: Sodding • BMP C125: Topsoiling/Composting • BMP C126: Polyacrylamide(PAM) for Soil Erosion Protection • BMP C130: Surface Roughening • BMP C131: Gradient Terraces • BMP C 140: Dust Control • BMP C150: Materials on Hand • BMP C151: Concrete Handling • BMP C152: Sawcutting and Surfacing Pollution Prevention • BMP C153: Material Delivery, Storage and Containment • BMP C154: Concrete Washout Area • BMP C160: Certified Erosion and Sediment Control Lead • BMP C 162: Scheduling Please refer to Volume II"Construction Stormwater Pollution Prevention" in the Stormwater Management Manual for Western Washington for BMP details. D. Other: Potential impacts to wildlife due to construction will be minimal, if any at all. There may be.some disturbance of nesting/perching for song birds, but the construction of the proposed home site is removed from the nearshore, so movement of fish and wildlife should not be interrupted. Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 11 V.DETERMINATION OF EFFECT: After reviewing the appropriate data and surveys, the determination of effect is: 1. Puget Sound chinook-"No effect" 2. Bull trout-"No effect" 3.Puget Sound steelhead-"No effect" 4. Bocaccio,yelloweye and canary rockfish - "No effect" 5. Marbled murrelet- "No effect" 6. Steller sea lion -"No effect" 7. Humpback whale-"No effect" 8. Leatherback sea turtle-"No effect" 9.Southern Resident killer whale-"No effect" Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 12 VI.Mitigation and Monitoring Plan A. Mitigation Plan: The goal of this proposed mitigation plan is to remove invasive species in the action area which includes: the areas above the bluff and the bluff area as well as other areas on the property containing invasive plants. The targeted invasive species English Ivy(Helix hedera), Herb Robert(Geranium robertianum)and Himalayan Blackberry(Rubus discolor) and any other invasive plants that are found will be continuously removed during the mitigation monitoring period in order to allow native plants to naturally propagate and reestablish in the mitigation areas. B. Monitoring Plan: Monitoring of this mitigation plan will conducted by a qualified biologist for a period of up to five(5)years(dependent on invasive removal and native recovery success)and shall include: vegetation description and photo documentation from established photo stations.A panoramic photo of the entire mitigation site will also be provided. Monitoring will take place at the end of the growing season(late August or early September)of each monitoring year and the following performance standards will be tracked over the course of the entire mitigation monitoring period. C.Performance standards: Performance standards are measurable criteria for determining if the goal and objectives of this mitigation plan are being achieved. If the proposed benchmarks are not achieved by comparing the surveys to the mitigation goals, additional contingency plans(replanting of native plant species)will need to be h .h implemented. 1.Performance Standard# 1 (percent cover): The percent cover standard will be monitored by looking at each monitoring unit of the mitigation areas from above Az and estimating the area covered by the individual species. The percent cover within an area can be quantified as a total greater than 100%because plants(in s ' tree,high/low shrub and herbaceous layers)overlap in cover. Percent cover of both invasive and native plants will be estimated before (as a baseline) and during mitigation. 2.Performance Standard#2 (invasive removal)All areas where invasive plants were removed will be surveyed visually and categorized with photo stations. This is to ensure that 0%(none)of the targeted invasive species will be present and have not reestablished within each monitoring year.Any reestablished invasive plants must be continuously removed during the monitoring period. 3.Performance Standard#3 (native recovery):All native plants will be counted and documented during the initial removal of invasive plants as a baseline.At the end of each growing season(late August or early September)plots will be visited and the abundance of native plants will be documented. The percent increase for the plots will be calculated by dividing the total number of new plants by the total number plants at the end of the previous season. Photo stations for each replanting site will be determined and a photograph of each mitigation location will be taken on an annual basis. Marine Surveys&Assessments Bender Project: Habitat Management Plan Page 13 / �. :� I D.Benchmarks: The success of this mitigation plan will be measured by the performance standards above during the course of the mitigation monitoring period,the benchmarks of success are as follows: 1.After each monitoring year the mitigation areas demonstrates continued 100% removal of invasive plants and increases in abundance and coverage of native plants. 2.No more mitigation and monitoring shall be required if during the monitoring period 100%removal of invasive plants is achieved and native plants have recovered to an extent that the percent cover of native plants are equal or greater than the percent cover of invasive plants before mitigation(baseline). 3. If after five years of mitigation and monitoring does not yield 100%removal of invasive plants and the percent cover of native plants are less than the percent cover of invasive plants before mitigation(baseline).Additional mitigation in the form of a replanting plan and replanting of native plant species will be implemented. E. Site Protection: This monitoring and mitigation plan for the action area described herein will be identified on the property deed for assurance that the monitoring and any necessary mitigation will remain in place, as required as per this monitoring plan, for a minimum of five years. Once the mitigation plan is implemented, after the five year mitigation monitoring period is over and benchmarks have been met,the property owners will maintain the mitigation areas with native plants to ensure that the invasive species will not reestablish. Like all mitigation, any project that has the potential to impact functions and values of an important aquatic habitat,that project needs to provide for compensation and mitigation. In this project, no values and functions are anticipated to be impacted;however, mitigation is proposed to improve the current conditions on the site. In looking at long term management strategies to maintain the improved conditions,we looked to the Federal Compensatory Mitigation for Losses of Aquatic Resources Final Rule(2008): Compensation for impacts to aquatic resources in coastal watersheds (watersheds that include a tidal water body) should also be located in a coastal watershed where practicable. In general, the required compensatory mitigation should be located within the same watershed as the impact site, and should be located where it is most likely to successfully replace lost functions and services, taking into account such watershed scale features as aquatic habitat diversity, habitat connectivity, relationships to hydrologic sources (including the availability of water rights), trends in land use, ecological benefits, and compatibility with adjacent land uses. When compensating for impacts to marine resources, the location of the compensatory mitigation site should be chosen to replace lost functions and services within the same marine ecological system (e.g., reef Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 14 complex, littoral drift cell). Compensation for impacts to aquatic resources in coastal watersheds (watersheds that include a tidal water body)should also be located in a coastal watershed where practicable. After the monitoring period and the benchmarks have been met, and to ensure long term sustainability of the site, seasonal and/or periodic removal of invasive plants will be done to maintain the existing native vegetation. The governing agency will be sent photographs upon request, of the long-term well-maintained transplant areas.There is no anticipated lost function or service to this watershed, or loss of habitat connectivity to the aquatic habitat.All plants that recover and establish into disturbed or non-native vegetation areas will be maintained,where practicable.These plants will be maintained and allowed to continue their growth for as long as the permitted project stays in place. F.Maintenance and Contingency: Maintenance shall occur at least twice during the growing season to ensure the survival of all recovering native species within the mitigation area. Watering by hand or sprinkler may be necessary during year number one until the plants are established. Water requirements will depend on the timing of planting with the seasons and weather conditions. Once plants are established, extra watering may not be necessary.Hand weeding will be necessary around all plants that are being monitored for abundance and coverage.No extraordinary measures are proposed at this time to protect the native plants other than mulching,weeding,watering and continued removal of invasive plants. Again, if the final benchmark of 100%removal of invasive plants is not maintained and the percent cover of native plants is less than the percent cover of invasive plants before mitigation(baseline)by the end of the five year mitigation monitoring period. Supplemental contingency actions must be designed(replanting plan) and enacted to ensure the success of mitigation and recovery of native plants in this action area. If a particular species is shown not to endure site conditions then another, more appropriate species will be planted. If excessive damage is observed, protective measures will be introduced. Monitoring years may be added if replanting becomes necessary. Contingency mitigation and monitoring on an annual basis for five years will occur with photographs to determine the survival rate of the replanted native plant species. If 100% success is achieved before reaching the five year mark, monitoring will continue without extra replanting efforts. Within the five year time period,transplanting will occur on an annual basis to replace any plants that are lost until 100%success is achieved. Compensatory mitigation will be considered fulfilled when the project is able to show mitigation success and written verification by the oversight agency is received. No temporal losses to function and value of the aquatic habitat are anticipated,therefore, the proposed contingency mitigation plan will only be implemented if impacts to the native vegetation near the proposed pier, ramp and float structure are detected,post- construction. Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 15 References Angell, T. and K. C.Balcomb III. 1982.Marine Birds and Mammals of Puget Sound.Puget Sound Books.University of Washington Press, Seattle, WA, 146 pp. Bowlby, D. E., G.A. Green and M. L.Bonnell. 1994. Observations of leatherback turtles offshore of Washington and Oregon.Northwestern Naturalist 75:33-35. Federal Register/Vol. 61,No. 102/May 24, 1996/Rules and Regulations. Federal Register/Vol. 64,No. 56/March 24, 1999/Rules and Regulations. Federal Register/Vol. 64,No. 210/November 1, 1999/Rules and Regulations. Federal Register/Vol 70,No.170/Friday, September 2, 2005/Rules and Regulations. Federal Register,Vol. 70,No. 222/November 18, 2005/Rules and Regulations. Federal Register/Vol. 71,No. 229/November 29,2006/Rules and Regulations. Federal Register/Vol. 72,No. 91 /Friday,May 11, 2007/Rules and Regulations. Federal Register/Vol. 75,No. 81 /Wednesday,April 28, 2010/Rules and Regulations. Healey, M. C. 1982. Juvenile Pacific salmon in estuaries:the life support system,pp. 315 -341. In: V.S.Kennedy(ed.),Estuarine comparisons.Academic Press,New York,NY. Hinman, C. 2007.Rain Garden Handbook for Western Washington Homeowners. Washington State University Extension Pierce County,Tacom, WA, 45pp. http://county.wsu.edu/mason/nrs/water/Documents/Raingarden_handbook.pdf Hruby,T.,2004. Washington State Wetland Rating System for Western Washington—Revised. Washington State Department of Ecology Publication#04-06-025. Jeffries, Steven J.,Patrick J. Gearin,Harriet R. Huber, Don L. Saul and Darrell A.Pruett. 2000. Atlas of Seal and Sea Lion Haulout Sites in Washington. Washington Department of Fish and Wildlife, Wildlife Science Division,Olympia, WA, 150 pp. Love,M.S., M.M. Yoklavich, and L.Thorsteinson. 2002. The rockfishes of the Northeast Pacific. University of California Press, Berkeley,California. Marine Surveys&Assessments Bender Project:Habitat Management Plan Page 16 Myers, J.M.,R. G. Kope, G. J.Bryant, D.Teel,L. J.Lierheimer,T. C. Wainwright, W. S. Grand,F. W. Waknitz,K.Neely, S.T. Lindley,and R. S. Waples. 1998. Status review of chinook salmon from Washington, Idaho, Oregon, and California.U.S.Dept. of Commerce,NOAA Tech Memo. NMFS-NWFSC-35, 443 pp. Osborne,R., J. Calambokidis and E. M.Dorsey. 1988.A guide to marine mammals of greater Puget Sound. Island Publishers,Anacortes, WA, 191 pp. Pierce County Stormwater Management and Site Development Manual. 2008. Vol. 2 "Construction Stormwater Pollution Prevention" Rieman,B. E. and J.D.McIntyre. 1993.Demographic and habitat requirements for conservation of Bull Trout.Gen. Tech. Rpt. U. S.Forest Service, Intermountain Research Station, Ogden,UT. 38 pp. Simenstad,C.A.,K.L.Fresh and E.O. Salo. 1982. The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function,pp. 343- 364. In V.S. Kennedy(ed.). Estuarine comparisons.Academic Press,New York,NY. Washington State Conservation Commission. Salmonid Habitat Limiting Factors Analysis. Water Resources Inventory Area 12, Chambers-Clover Creek Watershed. June 2003. Washington State Conservation Commission. Salmon and Steelhead Habitat Limiting Factors. Water Resources Inventory Area 15,East Kitsap Watershed.November 2000. Washington Department of Wildlife(WDW). 1993. Status of the marbled murrelet Brachyramphus marmoratus in Washington.Unpubl.Rep. Wash.Dept. Wildl., Olympia, WA. WDFW(Washington Department of Fish and Wildlife). 2011.Priority Habitats and Species report for Mats Mat Bay. Available at: http://wdfw.wa.gov/mapping/phs/. Olympia, Washington. Wiles, G. J. 2004. Washington State status report for the killer whale. Washington Department Fish and Wildlife, Olympia. 106 pp. WSDE (Washington State Department of Ecology).2012.Stormwater Management Manual for Western Washington. Washington State Department of Ecology, Water Quality Program. Olympia, WA. 1035 pp. http://www.ecy.wa.gov/programs/wq/stormwater/manual.html Marine Surveys&Assessments Bender Project: Habitat Management Plan Page 17 Figure 1. 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No -°C3 �� v o J o con El om •4 3 a a) c X 11,4 ■ C n I a o x ►� Si _ ■ . al I try` cn � 1 • •o- 4lmigemmmysv:,- ic,itvvi.ttnz!:'.:tzz:4.r-4 • HIE i C\ a : • O cs in• m �� � ►.„ , t E\ c a .?.:' I (4) 4 -1 CD_ -0 (I) E. —. a II C i� � �Doo _ �� m m o � \� a. a j w j ' t \ 4 N ■o a '.x o t' � CD '� l 2 A --_ Proposed Parcel X Page 1 of 2; Bender/Huey; Parcel#970800302,303,204 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 SHERIDAN ST., PORT TOWNSEND,WA 98368, (360) 379-4450 It's''f r SOIL EVALUATION --;, , 1,..t,, e: .,r', PROPERTY OWNER Bender/Huey Family Trust A. 5 a 2 4111 �^ Suzanne L Manor •1'O. SYSTEM DESIGNER Suzanne Martin -• ��� � " '� LEGAL DESCRIPTION: Section 33 Township 29N Range 1E Parcel # 970 800 302, 303,204 Subdivision Name Mats Mats Beach Division Block 3 Lot(s) 2, 3.4 &tax 14; BIk 2; Is r/w Date Logged: 10 April 2013 Logged By: Suzanne Martin Include soil textural characteristics and the depths at which significant changes occur. Be sure to include depth where mottling or impermeable layers occur. SOIL LOG #1 SOIL LOG #2 0 to 6 in. Dark brown sandy loam 0 to 11 in.Dark brown gravelly sandy loam 6 to 18 in.light yellow brown fine sandy loam 11 to 28 in.dark yellow brown gravelly fine sandy loam 18 to 28 in.Greyish brown restrictive mottled sandy loam t0 in. to in. to in. Anticipated water table 22 in. Anticipated water table 24" in. Roots to 24 inches Roots to 27 inches Health Dept. Comments Health Dept. Comments SOIL LOG#3 SOIL LOG #4 0 to 10 in. Dark brown sandy loam 0 to 10 in. Dark brown loam 10 to 19 in. Yellow brown gravelly sandy loam 10 to 22 in. brown sandy loam to 19 in, Restrictive 22 to 26 in. light greyish brown fine sandy loam to 24e in, water @ evaluation to in. Anticipated water table 20 in. Anticipated water table 21 in. Roots to 22 inches Roots to 23n inches Health Dept. Comments Health Dept. Comments SOIL LOG #5 SOIL LOG #6 to in. to in. to in. to in. to in. to in. to in. to in. Anticipated water table in. Anticipated water table in. Roots to inches Roots to inches Health Dept. Comments Health Dept. Comments H:\INFOHLTH\SOIL.FRM 1/00 i -- Proposed Parcel Y Page 2 of 2;Bender/Huey; Parcel#970800302,303,204 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 SHERIDAN ST..PORT TOWNSEND,WA 98368. (360) 379-4450 It 14. SOIL EVALUATION PROPERTY OWNER Bender/Huey Family Trust 5,. 2 r,• e,, o� SYSTEM DESIGNER "lip 1115s� , Suzanne Martin ri LEGAL DESCRIPTION: Section 33 Township 28N Range 1E Parcel # 970 800 302, 303, 204 Subdivision Name Mats Mats Beach Division Block 3 Lot(s) 2. 3. 4 &tax 14; Blk 2; Is r/w Date Logged: 10 April 2013 Logged By: Suzanne Martin Include soil textural characteristics and the depths at which significant changes occur. Be sure to include depth where mottling or impermeable layers occur. SOIL LOG #1 SOIL LOG #2 0 to 6 in. Dark brown sandy loam 0 to 5 in.Dark brown sandy loam 6 to 22 in.yellow brown gravelly fine sandy loam 5 to 21 in.yellow brown gravelly fine sandy loam 22 to 25 in.Greyish mottled sandy loam w/compactions 21 to 27 in. light yellow brown sandy loam to in. to in. Anticipated water table 21 in. Anticipated water table 21" in. Roots to 24 inches Roots to 21 inches Health Dept. Comments Health Dept. Comments SOIL LOG #3 SOIL LOG #4 0 to 2 in. Dark brown gravelly sandy loam 0 to 7 in. Dark brown sandy loam 2 to 28 in. Yellow brown gravelly sandy loam 7 to 13 in. strong yellow brown sandy loam to in. 13 to 21 in. yellow brown fine sandy loam to in. 21 to 32" in.Grey mottled sandy loam Anticipated water table 23 in. Anticipated water table 24" in. Roots to 26 inches Roots to 31 n inches Health Dept. Comments Health Dept. Comments SOIL LOG #5 SOIL LOG #6 to in. to in. to in. to in. to in. to in. to, in. to in. Anticipated water table in. Anticipated water table in. Roots to inches Roots to inches Health Dept. Comments Health Dept. Comments H:\INFOHLTH\SOIL.FRM 1/00 Proposed Parcel X 2;Ber/Huey; 04 Parcel Page 1#of 970800nde302,303,2 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT I 621 SHERIDAN ST.,PORT TOWNSEND,WA 98368, (3601 379-4450 + llik SOIL EVALUATION 1V�, •PROPERTY OWNER Bender/Huey Family Trust ,-'fir°'r." �,, � r 4 r s..:$10 t uanw.°�� SYSTEM DESIGNER Suzanne Martin LEGAL DESCRIPTION: Section 33 Township 29N Range 1E Parcel # 970 800 302, 303,204 Subdivision Name Mats Mats Beach Division Block 3 Lot(s) 2.3.4 &tax 14; Blk 2;Is r/w Date Logged: 10 April 2013 Logged By: Suzanne Martin Include soil textural characteristics and the depths at which significant changes occur. Be sure to include depth where mottling or impermeable layers occur. SOIL LOG #1 SOIL LOG #2 Q to 6 in Dark brown sandy loam 0 to 11 in.Dark brown gravelly sandy loam 6 to 18 in.light yellow brown fine sandy loam 11 to 28 in.dark yellow brown gravelly fine sandy loam 18 t0 28 in.Greyish brown restrictive mottled sandy loam to in. to in. to in. Anticipated water table 22 in. Anticipated water table 24" in. Roots to 24 inches Roots to 27 inches Health Dept. Comments Health Dept. Comments SOIL LOG#3 SOIL LOG #4 0 to 1 Q in t0 n.Dark brown sandy loam Q 10 i Dark brown loam 10 to 19 in Yellow brown gravelly sandy loam 10 to 22 in.brown sandy loam to 19 in. Restrictive 22 to 26 in light greyish brown fine sandy loam to 24" irl water ® evaluation to in. Anticipated water table 20 in. Anticipated water table 21 in. Roots to 22 inches Roots to 23' inches Health Dept. Comments Health Dept. Comments SOIL LOG #5 SOIL LOG #6 to in. to in. to in, to in. to in. to in. to in. to in. Anticipated water table in. Anticipated water table in. Roots to inches Roots to inches Health Dept. Comments Health Dept. Comments H:UNFOHLTIASOIL.FRM f/00 Proposed Parcel Y Page 2 of 2;Bender/Huey; Parcel#970800302,303,204 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 SHERIDAN ST., PORT TOWNSEND ,WA 98368,(360)379-4450 :lr, I I.44 SOIL EVALUATION '' i••.irr Bender/Huey Family Trust 6 'y�, PROPERTY OWNER , SYSTEM DESIGNER Suzanne Martin "'znw�` �'� LEGAL DESCRIPTION: Section 33 Township 29N Range 1E Parcel# 970 800 302, 303, 2041 Subdivision Name Mats Mats Beach Division Block 3 Lot(s) 2. 3.4 &tax 14;Blk 2; Is r/w Date Logged: 10 April 2013 Logged By: Suzanne Martin include soil textural characteristics and the depths at which significant changes occur. Be sure to include depth where mottling or impermeable layers occur. SOIL LOG #1 SOIL LOG #2 0 to 6 in Dark brown sandy loam 0 to 5 •in.Dark brown sandy loam 6 to 22 in.yellow brown gravelly line sandy loam 5 to 21 in.yellow brown gravelly tine sandy loam 22 to 25 in.Greyish mottled sandy loam w/compactions 21 to 27 in. light yellow brown sandy loam to in. to in. Anticipated water table 21 in. Anticipated water table 21" in. Roots to 24 inches Roots to 21 inches Health Dept. Comments Health Dept. Comments SOIL LOG #3 SOIL LOG #4 0 to 2 in, Dark brown gravelly sandy loam 0 to 7 in Dark brown sandy loam 2 to 28 in. Yellow brown gravelly sandy loam 7 to 13 in. strong yellow brown sandy loam to in. 13 to 21 in. yellow brown line sandy loam to in. 21 to 32" in.Grey mottled sandy loam Anticipated water table 23 in. Anticipated water table 24" in. Roots to 26 inches Roots to 31., inches Health Dept. Comments Health Dept. Comments SOIL LOG #5 SOIL LOG #6 to in. to in. to in. to in. to in. to in. to in. to in. Anticipated water table in. Anticipated water table in. Roots to inches Roots to inches Health Dept. Comments Health Dept. Comments H:UNFOHLTHISOIL.FI M1/00 Proposed Parcel X Page 1 of 2;Bender/Huey; Parcel#970800302,303,204 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 1 621 SHERIDAN ST.,PORT TOWNSEND,WA 98368, (360)379-4450 �tT SOIL EVALUATION r:�r sFrr Bender/Huey Family Trust � ''4,-.....5A` t PROPERTY OWNER ;�' r 51 '4 i Z Suzann[Men. ':1�# Suzanne Martin u.t>tsr r: . SYSTEM DESIGNER „„. z LEGAL DESCRIPTION: Section 33 Township 29N Range 1 E Parcel # 970 800 302, 303,204. Subdivision Name Mats Mats Beach Division Block 3 Lots) 2.3.4 &tax 14; Btk 2;Is r/w Date Logged: 10 April 2013 Logged By: Suzanne Martin Include soil textural characteristics and the depths at which significant changes occur. Be sure to include depth where mottling or impermeable layers occur. SOIL LOG #1 SOIL LOG #2 0 to 6 in Dark brown sandy loam 0 to 11 in Dark brown gravelly sandy loam 6 to 18 In.light yellow brown fine sandy loam 11 to 28 in.dark yellow brown gravelly fine sandy loam 18 to 28 in,Greyish brown restrictive mottled sandy loam to in. to in. to in. Anticipated water table 22 in. Anticipated water table 24” in. Roots to 24 inches Roots to 27 inches Health Dept. Comments Health Dept. Comments SOIL LOG#3 SOIL LOG#4 0 to 10 in Dark brown sandy loam 0 to 10 in Dark brown loam 10 to 19 in. Yellow brown gravelly sandy loam 10 to 22 in, brown sandy loam to 19 !n. Restrictive 22 to 26 in light greyish brown fine sandy loam to 24" in water @ evaluation to in. Anticipated water table 20 in. Anticipated water table 21 in. Roots to 22 inches Roots to 23" inches Health Dept. Comments Health Dept. Comments SOIL LOG #5 SOIL LOG #6 to in. to in. to in. to in. to in. to in. to in, to in.• Anticipated water table in. Anticipated water table in. Roots to inches Roots to inches Health Dept. Comments Health Dept. Comments H:UNFOHLTHIS OI L.FRM 1/00 Proposed Parcel Y Page 2 of 2;Bender/Huey; Parcel#970800302,303,204 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 SHERIDAN ST., PORT TOWNSEND ,WA 98368,{360)379-4450 �•1i Fig+ SOIL EVALUATION '°l'.:yy PROPERTY OWNER Bender/Huey Family Trust '51 am Vi ASuxannel llanin •!i1 an}�.1•-` 4 SYSTEM DESIGNER Suzanne Martin �, LEGAL DESCRIPTION: Section 33 Township 29N Range 1E Parcel# 970 800 302, 303, 201 Subdivision Name Mats Mats Beach Division Block 3 Lot(s) 2. 3.4 &tax 14; 81k 2; Is r/w Date Logged: 10 April 2013 Logged By: Suzanne Martin include soil textural characteristics and the depths at which significant changes occur. Be sure to include depth where mottling or impermeable layers occur. SOIL LOG #1 SOIL LOG #2 0 to 6 in. Dark brown sandy loam 0 to 5 in Dark brown sandy loam 6 to 22 in,yellow brown gravelly fine sandy loam 5 t0 21 in yellow brown gravelly fine sandy loam 22 to 25 in Greyish mottled sandy loam w/compactions 21 to 27 in light yellow brown sandy loam to In. to in. Anticipated water table 21 in. Anticipated water table 21" in. Roots to 24 inches Roots to 21 inches Health Dept. Comments Health Dept. Comments SOIL LOG #3 SOIL LOG #4 0 to 2 in. Dark brown gravelly sandy loam 0 to 7 in. Dark brown sandy loam 2 to 28 in Yellow brown gravelly sandy loam 7 to 13 in. strong yellow brown sandy loam to in. 13 to 21 in yellow brown fine sandy loam to in. 21 to 32" in Grey mottled sandy loam Anticipated water table 23 in. Anticipated water table 24" in. Roots to 26 inches Roots to 31 inches Health Dept. Comments Health Dept. Comments SOIL LOG #5 SOIL LOG #6 to in. to in. to in, to in. to in. to in. to in. to in. Anticipated water table in. Anticipated water table in. Roots to inches Roots to inches Health Dept. Comments Health Dept. Comments H:UNFOHLTii1501L.FAM 1/00 BUILDER STATEMENT The signer of this statement does hereby certify that they are the Owners of the parcel referenced herein,that they are not licensed contractors and that they will be assuming the responsibility of the General Contractor for the proposed project. Signature: Date: GENERAL CONTRACTOR OR MANUFACTURED HOME INSTALLER: PHONE: FAX: ( ) ( ) MAILING ADDRESS: EMAIL: CONTRACTOR'S LICENSE WAINS NUMBER: NUMBER ARCHITECT/ENGINEER: PHONE ( ) FAX:( ) MAILING ADDRESS: EMAIL Project Type: Frame Type: Bathrooms: Shoreline: Type of Sewage Disposal: ❑ New ❑ Wood Existing: ❑ Sewer ❑ Addition ❑ Steel Proposed: Bank ❑ Community System ❑ Alteration/Remodel ❑ Concrete Total: Height: ❑ Individual System ❑ Repair ❑ Masonry SEP Permit# ❑ Demolition ❑ Other. Bedrooms: Water Supply: Existing: Setback: ❑ Private well ❑ Two Party Type of Heat: Proposed: ❑ Public Total: Name of System: If this is a Commercial Project you must answer the following: Number of Parking Spaces: Current: Proposed: Number of ADA Parking Spaces: Number of occupants(includes owners,tenants,employees,etc) Current Proposed IBC Occupancy: IBC Type of construction: Will you have Food Service? Yes / No If this is a Propane Tank and/or Appliance Installation permit,mark all items below that apply: ❑Underground Tank 0 Above ground Tank Size of Propane Tank: ❑Heat Stove ❑Cook Stove ❑Woodstove ❑ Fireplace Insert ❑Hot Water Tank ❑Pellet Stove ❑Other Is this appliance being installed in a Manufactured/Mobile Home? Yes / No When applying for a permit to install a propane tank you must also submit a site plan showing all of the buildings,all property lines,tank location and size,distances from the propane tank to all property lines,buildings and septic system components, including the reserve area. Square Footage Current Proposed For Office Use Only Amount Revision Main Floor Heated EH Bld App Review. 3 c t0 2"°Floor Heated Consistency Review. S3 r) 00 Other Heated Base fee: Mezzanine Additional Section: Heated Basement Plan Check fee: Unheated Basement State Surcharge fee: Other Unheated Pot Water Review fee: Garage/Carport SUBTOTAL gp 2 c,r Decks 911/R&Approactrfee e Q2 Other TOTAL: $ r O(Q(j <0O Receipt Number: Na7 y b Cash/Check Number: /a oS ESTIMATED COST(REQUIRED) Date: 5J /3 •Fair market value of all labor and materials foundation to finish / Initials: fer)i C:\Documents and Settings\canal\Local Settings\Temporary Internet Files\OLK86\Master Permit Application 12-19-2006.doc '1 rl CEOC DV NCO 4 ,�, JEFFERSON COUNTY 11 ` I MAY - 6 2013 �' DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street• Port Townsend •Washington 98368 ■J L.i 360/379-4450. 360/379-4451 Fax www.co.jefferson.wa.us/commdevelopment JEFFERSON COUNTY �BxN _ DrPT.OF COMMUNITY DEVELOP"" "" Master Permit Application MLA: Project Description(include separate sheets as necessary): South portion of Lots 2-4 BIk 3; Mats Mats Beach and Tax 14 Block 2 less r/w(this portion to be referred to s Parcel Y) Tax Parcel Number. ptn of 970 800 302 (303) (204) Property +/_1.309 ac (acres/square feet) Site Address and/or Directions to Property: SW cor of Mats Mats Beach Rd & Bayview&Across Bayview Property Owner(s)of Record: Bender/Huey Family Trust Telephone: Y/S– –S-0 Y to/a d( Sae tii S 6 99 4 24.t0 email: bbender734 @gmail.com Mailing Address: 1743 11th Avenue-San Fransico,CA 94122 F� 'f1 S .57)y' &4,03 Applicant/Agent(if different from owner): Telephone: Fax: email: Mailing Address: WI ❑ (ALI( rJ ❑Variance(Minor, Major or Reasonable Economic Use) „ C ❑Conditional Use[C(a),C(d),or C]** V" n bed ❑Discretionary"D"or Unnamed Use Classification �l„V� Q ❑Special Use(Essential Public Facilities)** ��{�U,iii ❑Boundary Line Adjustment ❑Short Plat** _ ❑Binding Site Plan** C �S ❑Long Plat** C ❑Planned Rural Residential Development(PRRD)/Amendments** C ❑Plat Vacation/Alteration** C ❑Shoreline Master Program Exemption/Permit Revisions** C ❑Shoreline Management Substantial Development** /L ❑Shoreline Management Variance C ❑Comprehensive Plan/UDC/Land Use District Map Amendment C ❑Jefferson County Shoreline Master Program Amendment C ❑Tree Vegetaion Request **Requires a Pre-Application Conference — Plt rmits required for this proposal,if known: DESIGNATION OF AGENT I hereby designate �ir?- K a t M ft ex'/k) to act as my agent in matters relating to this application for permit(s). OWNER SIGNATURE 't-(--t- Date: 4/ By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or it's knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staff's access and right of entry will be assumed unless the applicant informs the County in writing at the time of the appli that he or she w prior n ice. Signature: 4/ "Z---t_ A-- .. c Date: y/.744 3 The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take"of an endangered species as those terms are defined in the federal law known as the "Endangered Species Act"or"ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-transfe responsibility for hering t and complying with the ESA. The Applicant has read this disci imer nd signs and dates it below. Signature: "'l.ciri� 7 Date: y, 2G)/7 C:\Documents and Settings\caral\Local Settings\T.,nporary Internet Files\OLK86\Master Permit Application 12-19-2006.doc David W. Johnson From: David W. Johnson Sent: Thursday, January 16, 2014 2:43 PM To: Brian Cc: David W. Johnson Subject: RE: FW: SUB13-3 Bender-n- Huey Brian, The SPAAD does not prove out potable water,only building permits can do that. Therefore, Environmental Health (EH) cannot approve your well use for potable water until you apply to build. Check with Susan Porto (360-385-9404)with EH regarding two party well approval. See below for answer regarding SIPZ below: From: Brian [mailto:bbender734@comcast.net] Sent: Thursday, January 16, 2014 2:11 PM To: David W. Johnson Subject: Re: FW: SUB13-3 Bender-n- Huey Hi David, Can I ask what Randy means by "Entire area is high risk SIPZ": HighrRisk S 'p ,he, regulations are,,;g, ne lly triggered by i ho cor tru on uildin permit applicants will be re uired=to ca '� tt a by a geologic ws ssment tb indt to that thelir water use, rill not degrade,water quell, in the aq, .� r., If sue, i'a asses ltent cari prove that there would be no degradation, the applica it can°us ~Mite well 'p v ded that'�they install'�a flow meter and i ubmit a water conservation plan to Jefferson County ,If such an ,assessment';cennot be made, the applicant must;use another water source for.their building >:The High_Risk SIPZ,also-expand the WS Department f Ecology's'"sea-snit water intrusion ar as" New wells may be denied°in this zone if DOE determines the well would violate the state administrative code. I have been reading a document about this, but cannot quite understand what it means in regards to building homes. And I don't understand what he means with his comment about the well for two parcels? Note: The septic designer plot plan states the existing well is to become a 2 party well. No health approval is given nor implied that this may come to be. Thanks. Brian On 1/16/2014 1:06 PM, David W. Johnson wrote: SUB13-3 a BLA 1 David W. Johnson From: Randy Marx Sent: Thursday, January 16, 2014 12:12 PM To: David W. Johnson Subject: SUB13-3 Bender-n- Huey I have signed off the septic review for this BLA. My approval is based on the conditions I added to the case. I also commented in each of the related SPAAD cases the following; This SPAAD can be approved after the final approval of SUB13-3 a BLA. BLA must state on survey each resultant lot size and each must be lac or greater. RMarx Note: The septic designer plot plan states the existing well is to become a 2 party well. No health approval is given nor implied that this may come to be. Entire area is high risk SIPZ. axcx Always Working For a Safer& Healthier Jefferson County 360 385 9402 ><((((°> "> ><(`(("5 ><(((('°> ><m"> <((((c> (( Cr ><{r»<»<>><»<> ><((((> eptic. " r it :: nl a �> rsn i l lea t„ h a it , . . CONFIDENTIALITY NOTICE: This e=mail message,includr.r¢.,any attachments,is for the sole use of the intended rcrepient(s)and may contain confidential and privileged t4+r,ration_ Any unauthorized review,use,u sdoruare,r,r distribution is prohibited, it you are not the intended recipient,plea;:contact the sender by reply e-mail and destroy sr i cepies at the origin al message PUBLIC RECORDS ACT NOTICE: All e-mail sent to this address has berm received by the Jefferson County sl'scars<,•1d i s therefore foret soblcht te7 the Public t3s:s srds Act,a state law 1"ound at RON 42.56. Linder the Public Records law the County nrutt release this e-mail and its contents to any person who asks to obtain a copy(or fOr iri9>eclinn}of this e-mail unless it is exempt from disclosure wider state law,including PO N"42.56, 1 David W. Johnson From: Randy Marx Sent: Tuesday, November 19, 2013 5:02 PM To: David W. Johnson Subject: SUB13-3 and two SPAAD applications Hi David I have reviewed this c. - = • . •--' s e following information that I hope was a part of one of the application submittals. • Only one,of two or more soil log sheets we : routed to me. • The plot plan does not show the soil test pit 1. ations,there should be a second plot plan submitted by the septic system designer that was submitted with the soil logs. May also be in one of the SPAAD applications? • This BLA is also part of two SPAAD applica r'.n that have not been routed to health. All need to be eviewed concurrently. Once I have this informati' can resume our departments review of this application. Thanks Rased*. 71ta.fix Always Working For a Safer : Healthier Jefferson County 360 385 9402 >< �._;i,,, ><<( ((> ><((((°> Sea tic Permits Onlin Link Environmental Health Web Site (Link) coNFIDENTIALITY NOTICE: 't, .. 't ”1, .'r=' 1'. fest_. ., ; s, ,5 dr.,' PUBLIC RECORDS ACT NOTICE. tititi <it t.: ,ti t{5, 1, t tt t. :1, t ti, . . , it.iJ t':5.,, , <,::5'.l r .(=i,. +l:,lt,3, :L tit,t c. !;..,,' 03.1 1,3; 41) (t243.m.metti p� L( Z51 David W. Johnson From: David W. Johnson Sent: Monday, November 04, 2013 1:14 PM To: Sherrie Shold; Pat Perryman; Randy Marx Cc: David W. Johnson Subject: Bender Boundary Line Adjustment Attachments: Bender Review.pdf; Title Cert.pdf; Bender BLA.pdf Checking on the status of your review. Thanks! David Wayne Johnson- LEED Green Associate Associate Planner- Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 LEED GREEN ASSOCIATE Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. `'h SAVE PAPER - Please do not print this e-mail unless absolutely necessary All e-mail may be considered subject to the Public Records Act and as such may be disclosed to a third party requestor. 1 Donna Frostholm From: Justin Wilson [Justin @nti4u.com] Sent: Tuesday, June 04, 2013 12:03 PM To: Donna Frostholm; 'Meg Amos' Cc: 'Amy Leitman' Subject: RE: FW: Bender Property Donna, Very helpful! You have a great day. Thank You, Justin From: Donna Frostholm [mailto:donnaf @co.jefferson.wa.us] Sent: Tuesday, June 04, 2013 11:56 AM To: Justin Wilson; Meg Amos Cc: Amy Leitman Subject: RE: FW: Bender Property Thanks for the clarification Justin. Based on what you sent, it appears that a CASP would not be needed for the Bender SPAADs. Since a CASP is not needed, I do not need to make a site visit at this time. NoteAhat a AMP would be nee.. ed to reduce a buffer from 150 feet to 112.55 feet(plus a 5-foot building setback fora total of 1175 feet from O1.1Wr4 If they have not already done so, MSA should prepare a HMP for the 25%buffer reduction. DCD will review the HMP at the same time the rest of the application is reviewed. Let me know if you have any questions. From: Justin Wilson [mailto:justinAnti4u.com] Sent: Tuesday, June 04, 2013 11:42 AM To: Donna Frostholm; 'Meg Amos' Cc: 'Amy Leitman' Subject: RE: FW: Bender Property Hello Donna, Attached are two documents that I think best show the setbacks from OHWM and top of bluff. I believe that with the 25% buffer reduction the building envelope will be further than the 117.5-ft. The area for building will be west (behind)the delineation line marked as 117.5-ft line (with Buffer Reduction). I hope that this helps answer the question. Please let me know if you have any additional questions. I look forward to the site meeting! Thanks, Justin From: Donna Frostholm [mailto:donnaf @co.jefferson.wa.us] Sent: Tuesday, June 04, 2013 9:34 AM To: Justin Wilson; Meg Amos Cc: Amy Leitman Subject: RE: FW: Bender Property 1 • Hello: I just took a quick glance at the submittal for the Bender applications and the drawings show that the proposed building envelope will be 117.5 feet from OHWM, but there is also a note in the file that the applicant will be applying for CASPs. If the proposed building envelope does not reduce a buffer by more than 25%(plus 5-foot building setback= 117.5 feet), then a Habitat Management Plan will be needed. If the proposed building envelope is closer than 117.5 feet,then a CASP is needed. Based on my quick look, it appears that a HMP is needed (not a CASP). Are the drawings correct or did I "misread"the drawings? Will the proposed building envelope be 117.5 feet from OHWM? Let me know. Thanks, Donna Frostholm From: Justin Wilson [mailto:justin @nti4u.com] Sent: Monday, June 03, 2013 5:31 PM To: 'Meg Amos'; Donna Frostholm Cc: 'Amy Leitman' Subject: RE: FW: Bender Property Hello, Any of those days sound fine except for a meeting that I have on Marrowstone Island on the morning of the 13th. I would work out perfect if we could meet at 1:00pm or after, on afternoon of the 13th. I will already be over in the area, if that would work for everybody. Thank You, Justin Justin Wilson, P.E. Principal Engineer NTI Engineering&Land Surveying 360.452.8491 office 360.460.0683 cell www.nti4u.com NOTICE:This email and any attachments contains confidential,proprietary or privileged information intended for the addressees only. This information is copyrighted and protected by law. If you are not the intended addressee,you are not authorized to use,transfer,or rely upon the information in any way. If you have erroneously received this transmission,delete any electronic or hard copies and contact the sender immediately From: Meg Amos [mailto:mamosdam @gmail.com] Sent: Monday, June 03, 2013 1:35 PM To: Donna Frostholm Cc: iustin@nti4u.com; Amy Leitman Subject: Re: FW: Bender Property Hello Donna, I just left a phone message in regards to setting up a site visit to the Bender property. Can you pick some dates that would potentially work for you. It would be great to try and get a visit in next week if possible. I can meet any time on June 10th or the 13th. The following week I am available on the 17th, 20th or 21st. Justin from NTI will meet with us as well. Thanks, 2 • Meg Meg Amos Marine Surveys & Assessments 521 Snagstead Way Port Townsend, WA 98368 360-765-3027 mamosdam @qmail.com On Mon, Jun 3, 2013 at 11:15 AM, Donna Frostholm<donnaf(a,co jefferson.wa.us>wrote: Meg: A CASP is not required at the time of SPAAD permitting. However, in order to get a SPAAD permit, it must be possible to get a CASP permit at the time of building application (i.e.,there would need to be sufficient space on the property to do mitigation in order to issue the SPAAD permit). I generally make the site visit to determine if a buffer reduction greater than 25%could be approved as a CASP during our review of the SPAAD application. If Bender would like you on the property when I evaluate the property, let me know. Feel free to call if you have more questions. Donna,Frog-holm/Li .Associate PCanner/WetCandSpecialist Jefferson County Department of Community Deveoopment 621 Sheridan Street Port Townsend, Washington 98368 dfrosthorm@cojefferson.wa.us 360.479.4466 Department of Community Development is open from 9:00 to 4:30 Monday through Thursday;DCD is closed on Friday. All e-mails sent to and from this address will automatically be archived by Jefferson County and emails may be subject to Public Disclosure under Chapter 42.56 RCW. 3 From: Michelle Farfan Sent: Monday, June 03, 2013 9:40 AM To: 'Meg Amos' Cc: Donna Frostholm Subject: RE: Bender Property Hi Meg: These are two SPAAD applications that have not yet been assigned to a project planner. I would suggest contact Donna Frostholm regarding the CASP process as she is the one that does all CASP reviews. Regards, Michelle Farfan Associate Planner,FHM Lead Dept. of Community Development 621 Sheridan Port Townsend WA 98368 mfarfan @cojefferson.wa.us 360-379-4457 360-379-4473(fax) All voice messages and a-mails received by Jefferson County MY be subject to Public Disclosure under Chapter 42.56'RCW Please note that DCD hours changed as of December 1,zoos. Our office is open to the public 9:00 am-4:30 pm Monday to ThursdaY and closed on Fridays. From: Meg Amos [mailto:mamosdamAgmail.com] Sent: Monday,June 03, 2013 9:22 AM To: Michelle Farfan Subject: Bender Property Hello Michelle, We have been asked to look at the Bender property (Tax# 970-800-302 and 303). He is trying to get the property ready with a building plan, survey and CASP mitigation before selling. I was told that you've been working with the contractor, Justin on this. I am wondering if I can meet with you some time to talk about what might be the best plan for CASP Mitigation in a situation like this (ie. no actual building plan,just a proposed building area which could fall anywhere within a 33' (approx) strip of the buffer(117.5 feet to 150 feet from top of bluff). I have been on site and it is quite dense with native vegetation. Justin said that he would go and flag 4 the portion of the buffer that may be affected, and the potential building sites. Would you be interested in going on site to look at this with me?It would be great to have your thoughts on mitigation for an area that does not have a solid plan. Thanks, Meg Meg Amos Marine Surveys & Assessments 521 Snagstead Way Port Townsend, WA 98368 360-765-3027 mamosdam @gmail.com 5 ponli‘T etk, � C CD�IC � JEFFERSON COUNTY I DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Sheet• P T in n 98368 E MAY - b 2013 olt ownsend•wash gto �i ,� A 360/379-4450. 360/379-4451 Fax www.co.jefferson.wa.us/commdeveiopment j ! JEFFERSON COUNTY 712T.OF C009^fUNITY DEVELOPMEM Master Permit Application MLA: Project Description(indude separate sheets as necessary): PGtlrtit/ North portion of Lots 2-4; block 3; Mats Mats Beach&Tax 14; Block 2; Mats Mats Beach Tax Parcel Number. 970 800 302, 303&204 Property Size: 1.309 after bla (acres/square feet) Site Address and/or Directions to Property: SW corner of the intersection of Mats Mats Beach and Bayview drive&across the street Property Owner(s)of Record: Bender/Huey Family Trust Telephone: Fax: email: bhAndr?r734@r©mail nom Mailing Address: 1743 11th Avenue-San Francisco, CA 94122 Applicant/Agent(if different from owner): Telephone: Fax: email: Mailing Address: What kind of Permit?(Check each box that applies [Mudding ❑Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor,Major or Reasonable Economic Use) ❑Single Family ❑Garage Attached/Detached ❑Conditional Use[C(a),C(d),or C]'* ❑ Manufactured Home ❑ Modular ❑Discretionary"D"or Unnamed Use Classification ❑ Commercial* ❑Special Use(Essential Public Facilities)** ❑ Change of Use ❑Boundary Line Adjustment ❑ Address ❑Road Approach ❑Short Plat** ❑Home Business ❑Cottage Industry ❑Binding Site Plan** ❑Propane ❑Long Plat'* ❑Sign ❑Planned Rural Residential Development(PRRD)/Amendments*" ❑Allowed`Yes'Use Consistency Analysis ❑Plat Vacation/Alteration** ❑Stormwater Management ❑Shoreline Master Program Exemption/Permit Revisions** At Site Plan Approval Advance Determination(SPAAD)* ❑Shoreline Management Substantial Development-- ❑Temporary Use ❑Shoreline Management Variance ❑Wireless Telecommunication* ❑Comprehensive Plan/UDC/Land Use District Map Amendment ❑Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *May require a Pre—Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this proposal,if known: D SIGNATION OF AGENT I hereby designate 5 u Z T, to act as my agent in matters relating to this application for permit(s). OWNER SIGNATURE c. Date: All/) By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time of the appl' n that he or is ' r notice. �� Signature: Date: a2L I3 The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take"of an endangered species as those terms are defined in the federal law known as the "Endangered Species Act"or"ESA.'Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non-transfe le responsibility adhering and complying with the ESA. The Applicant has read this disclaimer and signs and dates it below. Signature: c Date: Wii�, G:\Per itCenter\###FORMS###\DRD FORMS\Master Permit Application 5-29-08.doc t BUILDER STATEMENT The signer of this statement does hereby certify that they are the Owners of the parcel referenced herein,that they are not licensed contractors and that they will be assuming the responsibility of the General Contractor for the proposed project. Signature: Date: • GENERAL CONTRACTOR OR MANUFACTURED HOME INSTALLER: PHONE: FAX: ( ) ( ) MAILING ADDRESS: EMAIL: CONTRACTORS LICENSE WAINS NUMBER: NUMBER ARCHITECT/ENGINEER: PHONE ( ) FAX:( ) MAILING ADDRESS: EMAIL Project Type: Frame Type: Bathrooms: Shoreline: Type of Sewage Disposal: ❑ New ❑ Wood Existing:. ❑ Sewer ❑ Addition ❑ Steel Proposed: Bank ❑ Community System ❑ Alteration/Remodel ❑ Concrete Total: Height ❑ Individual System ❑ Repair ❑ Masonry SEP Permit# ❑ Demolition ❑ Other: Bedrooms: Water Supply: Existing: Setback: ❑ Private well ❑ Two Party Type of Heat: Proposed: ❑ Public Total: Name of System: If this is a Commercial Protect you must answer the following: Number of Parking Spaces: Current: Proposed: Number of ADA Parking Spaces: Number of occupants(indudes owners,tenants,employees,etc) Current Proposed IBC Occupancy: IBC Type of construction: Will you have Food Service? Yes / No If this is a Propane Tank and/or Appliance Installation permit,mark all items below that apply: I Underground Tank I Above ground Tank Size of Propane Tank: I Heat Stove I Cook Stove I Woodstove 1 Fireplace Insert I Hot Water Tank 1 Pellet Stove 1 Other Is this appliance being installed in a Manufactured I Mobile Home? Yes / No When applying fora permit to install a propane tank you must also submit a site plan showing all of the buildings,all property lines,tank location and size,distances from the propane tank to all property lines,buildings and septic system components, including the reserve area. S uare Foo e Current - �, � t Main Floor Heated Y EH BId App Review: 30(0 p� 2na Floor Heated Consistency Review OD s Other Heated ' , , A ,-- Base fee: _ Mezzanine ' Additional` Section: _ Heated Basement `` . ' 3 Plan Check fee: _�_ Unheated Basement .: #F State Surcharge fee: �-- F Other Unheated . 7 h Pot Water Review fee: A3°--- ,,,.....,,,i,.._ - --. Garage/Carport SUBTOTAL G-2� d p Decks - 911/Rd-Approach-foe: g� Other TOTAL: $ /()(c,6 , d / 6 o9b v.- Receipt Number. Cash/Check Number: /an ESTIMATED COST(REQUIRED) Date: 5/k//3 .Fair market value of all labor and materials foundation to finish Initials: 3' G:\PemritCenter\###FORMS###\DRD FORMS\Master Permit Application 5-29-08.doc 4SliekT JEFFERSON COUNTY �' ",II DEPARTMENT OF COMMUNITY DEVELOPMENT 1 I 621 Sheridan Street• Port Townsend•Washington 98368 360/379-4450. 360/379-4451 Fax www.cojefferson.wa.us/commdevelopment Master Permit Application MLA: Project Description(indude separate sheets as necessary): North portion of Lots 2-4; block 3; Mats Mats Beach&Tax 14; Block 2; Mats Mats Beach Tax Parcel Number: 970 800 302, 303&204 Property Size: 1.309 after bla (acres/square feet) Site Address and/or Directions to Property: SW corner of the intersection of Mats Mats Beach and Bayview drive&across the street Property Owner(s)of Record: Bender/Huey Family Trust Telephone: //'S `• Z>Y - Fax iffi S Y 6'3 email: hhendPr7 ©gmail nom Mailing Address: 1743 11th Avenue-San Francisco, CA 94122 yr,- i j ‘..20 p ce Applicant/Agent(if different from owner): Telephone: Fax: email: Mailing Address: What kind of Permit?(Check each box that applies ❑Building ❑Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor,Major or Reasonable Economic Use) ❑Single Family ❑Garage Attached/Detached ❑Conditional Use[C(a),C(d),or ❑ Manufactured Home ❑ Modular ❑Discretionary"D"or Unnamed Use Classification • Commercial ❑Special Use(Essential Public Fealties)** ❑ Change of Use ❑Boundary Line Adjustment ❑ Address ❑Road Approach ❑Short Plat** ❑Home Business ❑Cottage Industry ❑Binding Site Plan*" ❑Propane ❑Long Plat** ❑Sign ❑Planned Rural Residential Development(PRRD)/Amendments** ❑Allowed"Yes'Use Consistency Analysis ❑Plat Vacation/Alteration** ❑Stomhwater Management ❑Shoreline Master Program Exemption/Permit Revisions** alf]Site Plan Approval Advance Determination(SPAAD)* ❑Shoreline Management Substantial Development*" ❑Temporary Use ❑Shoreline Management Variance ❑Wireless Telecommunication* ❑Comprehensive Plan/UDC/Land Use District Map Amendment ❑Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *May require a Pre Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this proposal,if known: DESIGNATION OF AGENT I hereby designate 5 i!z(I M C Pittall N to act as my agent in matters relating to this application for permit(s). OWNER SIGNATURE Date:42/413 By signing this application form,the owner/agent attests that the information provided herein,and in any attachments,is true and correct to the best of his,her or its knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorney's fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs access and right of entry wig be assumed unless the applicant informs the County in writing at the time of the app• ' n that he or wan iron notice. / Signature: Date:_V! 2 C The action or actions Applicant will undertake as a result of the issuance of this permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take"of an endangered species as those terms are defined in the federal law known as the "Endangered Species Act"or°ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds Individual and non-transfe responsibility dhe[i and complying with the ESA. 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L 0 CO X +1 U "0 X (0 co D_ co — -- co 0) F— F— X 4- F— co Co 4- )E 9E F— Q CASES, FINDING, CONDITIONS, PERMISSIONS FOR Parcel 970800302 Printed: July 1, 2013 Cases Name Review Type Status Planner ADR13-00026 BENDER TRUSTEE P Application Received: 5/6/2013 Permit Issued/Case closed: Case Finaled: 911 No findings, conditions, or permissions found. PRJ13-00203 MLA13-00062 BENDER TRUSTEE P Application Received: 5/7/2013 Permit Issued/Case closed: Case Finaled: BOUNDARY LINE ADJUS I ME=N No findings, conditions, or permissions found. SUB13-00003 MLA13-00062 BENDER TRUSTEE I P Application Received: 4/18/2013 Permit Issued/Case closed: Case Finaled: BOUNDARY LINE ADJUS[MEN I No findings, conditions, or permissions found. ZON13-00017 MLA13-00062 BENDER TRUSTEE I P Application Received: 5/7/2013 Permit Issued/Case closed: Case Finaled: Site Plan Approval Advanced Determination (Parcel X) No findings, conditions, or permissions found. ZON13-00018 MLA13-00062 BENDER TRUSTEE I P Application Received: 5/7/2013 Permit Issued/Case closed: Case Finaled: Site Plan Approval Advanced Determination for Single-Family Residential Development (Parcel Y) No findings, conditions, or permissions found. ADR13-00025 BENDER TRUSTEE P Application Received: 5/6/2013 Permit Issued/Case closed: Case Finaled: 911 No findings, conditions, or permissions found. \\tidemark\data\forms\R_MLT_Parcel_Cond.rpt 7/1/2013 Page 1 of 1 Parcel Print Page 1 of 1 Parcel Number:970800303 06/24/2011 Owner Mang Address: BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE BENDER/HUEY FAMILY TRUST 1743 11TH AVE SAN FRANCISCO CA 941224627 Ste Address: Section: 33 School District: Chimacum(49) Qtr Section: SW1/4 Fire Dist: Port Ludlow(3) Township: 29N Tax Status: Taxable Range: 1E Tax Code: 231 Planning area: Port Ludlow(7) Sub Division: MATS MATS BEACH Land Use Code: 9100 - VACANT LAND 118492 TRUST Property Description: MATS MATS BEACH I BLK 3 LOT 3 &TL TAX DI x No Photo Available http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL NO=970800303+... 7/1/2013 Parcel Print Page 1 of 1 Parcel Number:970800204 06/24/2011 Owner Mailing Address: BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE BENDER/HUEY FAMILY TRUST 1743 11TH AVE SAN FRANCISCO CA 941224627 Ste Address: 300 MATS MATS BEACH RD PORT LUDLOW 98365 Section: 33 School District: Chimacum(49) Qtr Section: SW 1/4 Fire Dist: Port Ludlow(3) Township: 29N Tax Status: Taxable Range: 1E Tax Code: 231 Planning area: Port Ludlow(7) Sub Division: MATS MATS BEACH Land Use Code: 9100 - VACANT LAND 118492 TRUST Property Description: MATS MATS BEACH I BLK 2, TAX 14 I LESS R OF W X No Photo Available http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL NO=970800204+... 7/1/2013 Parcel Print Page 1 of 1 Parcel Number 970800302 06/24/2011 Owner Mailing Address: BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE BENDER/HUEY FAMILY TRUST 1743 11TH AVE SAN FRANCISCO CA 941224627 Ste Address: Section: 33 School District: Chimacum(49) Qtr Section: SW 1/4 Fire Dist: Port Ludlow(3) Township: 29N Tax Status: Taxable Range: 1E Tax Code: 231 Planning area: Port Ludlow(7) Sub Division: MATS MATS BEACH Land Use Code: 9100 - VACANT LAND 118492 TRUST Property Description: MATS MATS BEACH I BLK 3, LOTS 2 &4 I TL TAX Z & Z1 x No Photo Available //www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL NO=970800302+... 7/1/2013 .•••■■11.■■•i hit, raw/ DATE INVOICE NO. COMMENT AMOUNT NETAMOUNT 04/17/2013 41713 BEBR1301 BLA 684.00 DATE 04/17/13 VENDOR PERSON COUNTY DCD TOTAL 684.00 COUNTY ( ,.---,,F ..,, A SON CEIVED FROM LC`"' I,.- �f--...____2_7Z47Z ____ DATE E S 4R I P T I O N `/,..,,, ,.._,�,_ i .�.) __ CURB RRENCY 0 _ ,� AMOUNT CO tom' r HE S d% CK q'' I / �i�,,�,' ,atf�' } r �.y '" .. ,.y RECEIVED BY 33 0 143-000-010 3 iu; , t<— M ` DS 143 000-010 345.81.40.0000 DMLA100 1,80`0°`" z 4;1. „ #_, : ,143-000-010 345.81.60.0000 DMLA100 CONVERSION OPTIOI I ,,,,� „ P)143-000-010 345.83.00.0000 DBLD130 PLAN CHECK FEES 143-000-010 345.83.10.0000 DBLD140 FIRE MARSHALL 143-000-010 345.89.00.0000 DMLA100 ENVIRONMENTAL REVIEW/SEPA 143-000-010 346.22.30.0040 DBLD110 DCD Water Review 143-000-010 359.90.60.0000 DMLA100 SHORELINE VIOLATIONS 143-000-010 359.9d.65.0000 DBLD110 BUILDING SHORELINE CODEIVIOLATIONS 143-000-010 366.90.00.0020 DPSP100 BUILDING REV-PC 143-000-010 388.80.00.0000 PRIOR YEAR REFUND OF EXPEND 143-000-010 389.00.00.0010 CURRENT YEAR REFUND OF EXPEND 143-000-010 389.40.00.0000 NON REV CUS DEP CSP 180-000-010 322.40.50.0000 RIGHT OF WAY APPLICATIONS 180-000-010 343.20.10.0000 121.00 ROAD FUND 626-000-010 239.10.00.0000 PLNG TRUST ACCT 638-000-110 389.00.00.0000 TREASURE'S SUSPENSE FUND 650-511-000 386.00.00.0000 STATE BLDG CODE FEES 665-003-030 367.13.00.0000 FIRE DIST#3, MITIGATION FEES 685-049-030 300.00.00.2900 SCH DIST#49, MITIGATION FEES Pr pa ed by: $4,084.00 TOTAL DEPOSIT I r. NORTHWESTERN TERRITORIES, INC. • a l 717 SOUTH PEABODY STREET,PORT ANGELES,WA 98362 NTI (360)452-8491 1-800-654-5545 FAX 452-8498 Letter of Transmittal www.nti4u.com E-Mail:info®nti4u.com TO: Jefferson County DCD DATE: 08/18/14 621 Sheridan Street ATTN: Mr. David Johnson Port Townsend, WA 98368 Re: Drainage Characteristics-Mats Mats Bay Area Parcel Numbers: 970800204, 970800302 a 970800303 WE ARE SENDING YOU Q Attached ❑ Under separate cover via the following items: ❑ Drawing ❑ Prints ❑ Plans ❑ Specifications ❑ Copy of Letter ❑Change order COPIES DATE NO. DESCRIPTION 1 08/15/14 Ea. One (1) Original- Drainage Characteristic Report for the above parcels. 2 08/15/14 Ea. Two (2) Copies - Drainage Characteristic Report for the above parcels. THESE ARE TRANSMITTED as checked below: Q For Approval ❑ Approved as submitted ❑ Resubmit copies for approval Q For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Reviewed by ❑ For review Et comments ❑ For your records ❑ For review Et signatures REMARKS: If you have any questions, please contact Justin Wilson, Principal Engineer by phone or via email justin@nti4u.com. vLEOCEOV Sent Via: US Mail Cc: Brian Bender-1 Copy AUG 1 9 2914 JEFFERSON COUNTY Of COMMUNITY DEVELOPMENT SIGNED: Justin Wilson, Principal Engineer by: T. Brothers If enclosures are not as noted, kindly notify us at once. co's Parcel Print Page 1 of 1 Parcel Number: 970800302 08/15/2014 Owner Mailing Address: BRIAN BENDER,TRUSTEE BRENDA T HUEY, TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 Site Address: 15 S BAYVIEW DR PORT LUDLOW 94122-4627 Section: 33 School District: Chimacum (49) Qtr Section: SW1/4 Fire Dist: Port Ludlow (3) Township: 29N Tax Status: Taxable Range: 1E Tax Code: 0231 Planning area: 94122-4627 Sub Division: 9708 - MATS MATS BEACH Land Use 9100 Code: 94122-4627 Property Description: MATS MATS BEACH BLK 3 TAX 53 W/TL TAX Z-3 BND TGTH BY BLA #121188 http://www.co.jefferson.wa.us/assessors/parcel/parcelprint.asp?PARCEL_N... 8/27/2014 Parcel Print Page 1 of 1 Parcel Number: 970800204 08/15/2014 Owner Mailing Address: BRIAN BENDER,TRUSTEE BRENDA T HUEY, TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 Site Address: 94122-4627 Section: 33 School District: Chimacum (49) Qtr Section: SW1/4 Fire Dist: Port Ludlow (3) Township: 29N Tax Status: Taxable Range: 1E Tax Code: 0231 Planning area: 94122-4627 Sub Division: 9708 - MATS MATS BEACH Land Use 9100 Code: 94122-4627 Property Description: MATS MATS BEACH BLK 2 Tax 52 W/TL TAX Z-2 BND TGTH BY BLA #121188 http://www.cojefferson.wa.us/assessors/parcel/parcelprint.asp?PARCELN... 8/27/2014 JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT UNIFIED DEVELOPMENT CODE TYPE I LAND USE PERMIT APPLICANT: BRIAN R BENDER TRUSTEE BRENDAT HUEY TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 DATE ISSUED: May 05,2014 DATE EXPIRES: November 05,2014 MLA NUMBER: MLA13-00062 PROJECT PLANNER: David Wayne Johnson PROJECT DESCRIPTION: BOUNDARY LINE ADJUSTMENT PROJECT LOCATION: Parcel number 970 80 302, 970 800 303 & 970 800 204, Mats Mats Beach, BLK 2, Tax 14, BLK 3 Lots 2, 3 &4 Located off S Bayview Drive, Port Ludlow 98365 CONDITIONS: 1.) Each lot must be equal to or greater than one (1)acre in area. The lot size must be stated on the final survey. 2.) The lots, parcels or tracts contained within this boundary line adjustment(BLA)were approved based on design standards and regulatory requirements in effect at the time of final approval. Sewage disposal systems have not been approved for the lots, parcels or tracts contained within the BLA. Onsite sewage disposal systems shall meet design standards and regulatory requirements in effect at the time of application for a sewage disposal permit. Purchaser should contact the Jefferson County Health Department for procedures concerning permit applications. Any removal of or major disturbances of soil within the proposed drainfield areas may create site conditons that are unacceptable for the installation of sewage disposal systems. 3.) Based on the requirements of JCC 18.35.070(3)(j), Sewage Disposal and Jefferson County Health Department requirements, the location of soil test pits shall be graphically portrayed on the final Boundary Line Adjustment. 4.) Approval of this Boundary Line Adjustment does not guarantee the approval of any future county permits and/or approvals. 5.) The 150 foot Fish &Wildlife Habitat Conservation Area buffer must be depicted on the face of the Boundary Line Adjustment per JCC 18.35.070(3)(1). 6.) A Shoreline Setback of 40 feet from the top of the Shoreline Bank must be depicted on the face of the Boundary Line Adjustment per JCC 18.35.070(3)(1). 7.) The following statement regarding critical areas must be depicted on the face of the Boundary Line Adjustment: Notice to Public: Current Jefferson County geographic information systems (GIS) maps identify the presence of an Environmentally Sensitive Area (ESA)such as stream, wetland, flood, landslide hazard, erosion, aquifer recharge area, fish and wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner shall contact the Jefferson County department of community development regarding compliance for such ESAs. Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, critical area and shoreline requirements at time of building/development permit application. 8.) Correction the word "Linits"as in"Seaward Linits Not Determined"on page one of the BLA. Should be"Limits." FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code,all other applicable ordinances and regulations, and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) The proposal complies with JCC Title 18.35.060(1). 3.) The application was reviewed by the Jefferson County Department of Community Development staff on May 1, 2014 for the potential presence of Environmentally Sensitive Areas(ESAs) under the provisions of the Unified it Development Code(UDC). After an initial Geographic Information Systems mapping review and an investigative site inspection, the following ESAs were confirmed to be present on the subject property: Shorlein€ Residential Designation; Fish &Wildlife Habitat Conservation Area; High Risk SIPZ. 4.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that"takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as"critical habitat"for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees -Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term "take"and describes the possible legal consequences when a "take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/)to learn more about how this law affects your project. Any individual, group, or agency can bring suit for a listed species"taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. 5.) This approval is for a Boundary Line Adjustment only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to Jefferson County Superior Court within twenty-one(21)calendar days of the date of issuance of this land use decision. For more information related to judical appeals see JCC 18.40.340. Ad inistrator MLA13-00062 \\tidemark\data\forms\F MLT_IssuePermit_U.rpt 5/5/2014 Page 2 of 2 S : 3 3 BOF COMMUNITY A167 E oPMEN 583768 JEFF CO DEP Eldridge VVV 58 PM $74.or s �ciin �V►l� Jefferson4County WR su ��s Office When recorded return to: Northwestern Territories, Inc. 717 South Peabody Port Angeles, Washington 98362 BOUNDARY LINE ADJUSTMENT Grantor(s) :Bender and Huey Family Trust, dated October 25,2012 Brian Richard Bender & Brenda Teresa Huey Trustees Grantee(s) :Bender and Huey Family Trust, dated October 25,2012 Brian Richard Bender & Brenda Teresa Huey Trustees Description of Property: Assessor's Parcel Numbers: 970 800 302, 970. 800 303 and 970 BOO 204 EXISTING LEGAL DESCRIPTIONS-BEFORE ADJUSTMENT PER AUDITOR'S FILE NO. 567636 PARCEL A LOTS 2, 3, AND 4, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY; ALSO PARCEL B A PARCEL OF TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO' AND ABUTTING UPON SAID PARCEL A; ALSO PARCEL C THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. Page 1 of 3 Bender BLA 6 5980.. 121188 *5/16/2014 10.00* BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. Boundary lines subject to adjustment are identified as follows: Parcels A and C are being adjusted to result in two shoreline parcels with building sites. Each parcel will be divided by Bayview Drive with well water service and septic systems to be located on the non-buildable halves lying west of Bayview Drive as follows: PARCEL A - ADJUSTED THE NORTH 83.94 FEET OF THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET-THEREOF,-AND-EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOT 2, THE NORTH 19. 92 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF FLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCEL B - ADJUSTED THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, EXCEPT THE NORTH 83. 94 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR`S NO. 241357. TOGETHER WITH; LOT 4, THE SOUTH 29. 96 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON Page 2 of 3 Sender BLA TOGETHER WITH; TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCELS A AND B ;DJUSTEI AR DEPICTED ON BOUNDARY LINE ADJUSTMENT RECORD OF SURVEY FOR 'A!, . 4 ._a . a , AS RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NU BER ® - .SEE ALSO SURVEYOR'S NOTE ON SHEET 2 OF 2 ON SAID `cEY. 414--e's-- eel 3. Bender and Huey Family Trust Bender and Huey Fa ' y Trust Brian Richard Bender, Trustee Brenda T. Huey, Tr tee ( 4 fair" r.-I ,, ,,,,.. }}STATE OF !'V COUNTY OF Sc t(.J C4J t: D On /1T/1 '-'i4 2014, personally Appeared Brian Richard Bender and Brenda T. Huey, husband and wife, and proved to me on the basis of satisfactory evidence to the person whose name is subscribed to this instrument, and acknowledged that they executed it. tit. WITNESS my hand and official seal this day of , 2014 Notary '_. '_ , in _ z.r the State of bffritt-PL) A. 1 ' - /%lAN (Notary 'gnature) II Residing at col 0 I—in tb II& B11101 • j,0 r :` Cemengsbit+0 Mtn SF- Cfrgqi .*- Notary MSc-California `' w„/ Sap Francisco Camay -• Comm. 19,2015 THIS BOUNDARY LINE ADJUSTMENT HAS BEEN REVIEWED AND APPROVED BY THE JEFFERS• COUNTY DEVELOPMENT REVIEW DIVISION. Asoc'ate nner D to Page 3 of 3 NORTHWESTERN TERRITORIES, INC. 717 SOUTH PEABODY STREET,PORT ANGELES,WA 98362 NT! (360)452-8491 1-800-654-5545 FAX 452-8498 Letter of Transmittal www.nti4u.com E-Mail:info @nti4u.com TO: Jefferson County Dept. of Comm. Dev. DATE: 04/10/14 Attn: David Johnson ATTN: David Johnson 621 Sheridan Street Re: Brian Bender-Final Boundary Line Adjustment Port Townsend, WA 98368 With Statement of Intent & Excise Tax Affidavit WE ARE SENDING YOU O Attached ❑ Under separate cover via the following items: ❑ Drawing ❑ Prints ❑ Plans ❑ Specifications ❑ Copy of Letter ❑Change order ❑ COPIES DATE NO. DESCRIPTION Set 1 4/1/14 Mylar One (1) Original Boundary Line Adjustment Map. (2pgs) Set One (1) Copy of Boundary Line Adjustment Map to return with recording info. 1 4/1/14 Paper (2pgs)-Please note Record #, Volume & Page on return Copy. (Thank You) 1 4/4/14 One (1) Original Statement of Intent for the above referenced project. (3pgs) 1 4/4/14 Each Four (4) Original Tax Excise Affidavit for the above referenced project. (4pgs) 3 4/4/14 Each Checks # 118,119 & 120 for Review, Recording and Copies of BLA to return to NTI. (A self- addressed, stamped envelope is there for the return shipment.) THESE ARE TRANSMITTED as checked below: O For Approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Reviewed by OFor review and comments ❑ REMARKS: Please let us know if there is anything that we will need to do to facilitate getting the documents recorded. If you have any questions, please call Tom Roorda, Principal Surveyor at the number provided above or via email at tomr @nti4u.com. Sent Via: US Mail CC: SIGNED: Tom Roorda, Principal Surveyor By: Tami Brothers If enclosures are not as noted, kindly notify us at once. David W. Johnson From: David W. Johnson Sent: Wednesday, March 05, 2014 10:23 AM To: Tom Roorda Cc: David W. Johnson Subject: RE: Bender project Attachments: Bender SOI Language.pdf Thanks,Tom. Attached is the Assessor's comments that I assume you will or have addressed, but want to confirm. Page 2 is the language that we would like to have included on the SOl. Also, make sure the lot acre is depicted on the survey per the Health department. Thanks again and look forward to getting the next(final)version. From: Tom Roorda [mailto:tomr @nti4u.com] Sent: Thursday, February 13, 2014 4:45 PM To: 'Pat Perryman' Cc: Brian (bbender734 @comcast.net) Subject: RE: Bender project Thanks Pat! From: Pat Perryman [mailto:pperryman@ co.jefferson.wa.us] Sent: Thursday, February 13, 2014 4:31 PM To: Tom Roorda Subject: RE: Bender project Hi Tom, I have sent the Bender BLA to DCD. I thought they had let you know that they had it—sorry you weren't informed of that. Pat From: Tom Roorda [mailto:tomr@nti4u.com] Sent:Thursday, February 13, 2014 3:18 PM To: Pat Perryman; Brian Cc: Stacie Hoskins; Carl Smith; kent@nti4u.com Subject: FW: Bender project Hi Pat, My client wants to know what is going on with his BLA. We haven't heard anything back from you and need to know if the project is dead in the water. Please let us know at your earliest convenience. Sincerely, Tom Roorda, PLS Principal Surveyor NT1 Engineering& Land Surveying 360.452.8491 1 On 1/29/2014 4:45 PM, Tom Roorda wrote: Hi Pat, Thanks for the reply regarding our BLA. Briefly, here is my position. The Survey that was done by Mr. Duback and recorded in April of 1977 in Vol. 2 of Surveys, Page 108 was done for the owners of all of the lots 1-9 in Block 3 of Mats Mats Beach except for the then owner of lots 2-4(the Bender parcel)which was Kathleen Muir. All of these owners, Huph,Turner, Gilden,and Uldd requested the survey by Mr. Duback and all have relied on the survey and the monuments since 1977. We have not adjusted any lot lines, we have used the monuments and the lines that were established by the Duback survey. There was, in fact a boundary line adjustment as a part of this survey between Gilden, lot 7 and Udd, lot 8 that Jefferson County accepted and shows on the Assessor's map today. (I have included the deed that cites that adjustment and also an electronic copy of Mr. Duback's survey (V2, P108) The County road (Mats Mats Beach Road) was built at the same time (1977) and used the same North line that was used by Mr. Duback. This is our client's North line of parcel A on the west side of Bayview Drive. So, to summarize, both lot owners on either side of our client have acquiesced to the location of our client's property lines according to the Duback survey. If there is a problem further to the South, it has nothing to do with this survey as the location of the new line between lots 7 & 8 has been fixed by the previous BLA. (see vol 2 p108) Would you please take another look at the attached survey and see if this information helps you to be able to make a favorable decision about our solution. Sincerely, Tom Roorda, PLS Principal Surveyor NTI Engineering& Land Surveying 360.452.8491 From: Pat Perryman [mailto:pperrymanOco.jefferson.wa.us] Sent: Wednesday, January 29, 2014 10:17 AM To: Kent Robinson Cc: Sherrie Shold; Colleen Zmolek Subject: RE: Bender project Hi Kent, I'm sorry for the delay in responding to this and the previous email about the Bender project. I have been trying to figure out how to make it work for both of us but have not been successful. We map according to the legal description not the monuments that are in the field; not to the owner's presumed 2 parcel/lot lines . While I can understand your position on this,we have to go by the legal description of the lots in the plat of Mats Mats Beach as shown on the recorded plat. To adjust the lot lines would require the adjacent owners to participate in a boundary line adjustment. Pat From: Kent Robinson [mailto:kent @nti4u.com] Sent: Wednesday, January 22, 2014 4:10 PM To: Pat Perryman Cc: tomr @nti4u.com Subject: Bender project Hi Pat, Since our last correspondence in November we have not heard from you regarding the Brian Bender project. I had sent you the minor corrections per your comments. Please let me know where things stand. Thanks, Kent Robinson This email is free from viruses and malware because avast! Antivirus protection is active. This email is free from viruses and malware because avast! Antivirus protection is active. This email is free from viruses and malware because avast! Antivirus protection is active. 3 BLA final process for issuance & recording the SOI &survey 1. Final blue line &SOI is submitted and reviewed by DCD,Assessor and if required EH. If no additional changes required 2. Statement of intent (SOI) submitted to DCD signed and notarized &excise tax affidavit signed by owner not treasurer. Tax affidavit&SOI need to be signed and recorded on the same day to keep the Assessor's records accurate. 3. Submit Mylar &copies of survey(signed by owner) and check Auditor for recording 501 & Mylar& paper copies two checks: a. Flat fee of$10 for tax affidavit made payable to treasurer's office. b. Recording fees made payable to the Auditor's office ( both fees can be on one check: i. SOI - $72 for first page each additional page $1 made payable to Auditor's office. ii. Survey recording fees: get quote for recording of survey from Assessor. 4. Issue Permit 5. To Administrator to sign the Permit, Mylar& paper copies of survey . 6. Trip to CH for final signatures& recording. a. Assessor's Office: i. Mylar Survey and paper copies for Assessor's signature (set up appointment with Sherrie) b. Treasure's Office: i. Excise tax affidavit to treasurer for signatures & pay excise fee. Flat fee of$10 for tax affidavit made payable to treasurer's office. ii. SOI to treasurer for signatures. 7. Auditor's office: a. Record SOI b. Write recording number or SOI on Mylar& Paper copies of survey. c. Record mylar &survey 8. Final MLA case in Tidemark case. 9. Add SOT& Recording AFN number in Activities. 10. Copy of recorded SOI &Survey to MLA file. 11. Mail copies of SOI &Survey to Owners. Additional copies may go to surveyor, representative. wgs co JEFFERSON COUNTY w. A DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend,WA 98368 I Web:www.coJ efferson.wa.us/communitydevelooment `mss o- Tel:360.379.4450 I Fax:360.379.4451 I Email:dcd(a.co jefferson.wa.us NI NG SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning March 31, 2014 BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 RE: SITE ADDRESS: 15 S BAYVIEW DR CASE#: MLA13-00062 Dear BRIAN R BENDER TRUSTEE: The Department of Community Development is in the process of reviewing your application. The following information is needed to continue review of your project. Please provide the additonal information outlined in the attached document. Please submit the above information to the Department of Community Development by June 29, 2014. Pursuant to Jefferson County Code, JCC 18.40.110(3)and (6), if the applicant does not submit the additional information or does not request additional time to submit the required information within the ninety(90)calendar day period, the application will be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. Sincerely, _ CN ; V 4 Department of Community Development Staff c: File \\tidemark\data\forms\F_MLT Addlnfo_Requst.rpt 3/31/2014 March 12, 2014 I . TO: Jefferson County Auditor's Office ' FROM: Development Review Division SUBJECT: Final Plat Review: SUB13-00003 Subdivision Type: BLA Applicant: BRIAN R BENDER TRUSTEE Subdivision Name: REQUEST FOR REVIEW FOR FINAL PLAT APPROVAL ATTACHED FOR YOUR REVIEW AND COMMENT IS A COPY OF THE: t Blue Line (Ft/07'4J ) Road Maintenance Agreement CC & Rs f Total Recording Fee $ -7t-COD 61--fr Other /q;-(/), k4 (oy PLEASE SUBMIT WRITTEN COMMENTS TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT BY OR BEFORE March 19, 2014. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER INFORMATION, PLEASE CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT. THANK YOU IN ADVANCE. March 12,2014 \tidemark\data\forms\F_SU B_PltRvw_Auditor.rp When recorded return to: Northwestern Territories, Inc. 717 South Peabody Port Angeles, Washington 98362 BOUNDARY LINE ADJUSTMENT Grantor(s) : Brian Richard Bender & Brenda Teresa Huey Grantee(s) : Brian Richard Bender & Brenda Teresa Huey Description of Property: Assessor's Parcel Numbers: 970 800 302, 970 800 303 and 970 800 204 EXISTING LEGAL DESCRIPTIONS-BEFORE ADJUSTMENT PER AUDITOR'S FILE NO. 567636 PARCEL A LOTS 2, 3, AND 4, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY; ALSO PARCEL B A PARCEL OF TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A; ALSO PARCEL C THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. Page 1 of 3 Bender BLA BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040 (6) . IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. Boundary lines subject to adjustment are identified as follows: Parcels A and C are being adjusted to result in two shoreline parcels with building sites. Each parcel will be divided by Bayview Drive with well water service and septic systems to be located on the non-buildable halves lying west of Bayview Drive as follows: PARCEL A - ADJUSTED THE NORTH 83.94 FEET OF THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOT 2, THE NORTH 19.92 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCEL B - ADJUSTED THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, EXCEPT THE NORTH 83.94 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOT 4, THE SOUTH 29.96 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; Page 2 of 3 Bender BLA TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCELS A AND B ADJUSTED ARE DEPICTED ON BOUNDARY LINE ADJUSTMENT RECORD OF SURVEY FOR AS RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NUMBER .SEE ALSO SURVEYOR'S NOTE ON SHEET 2 OF 2 ON SAID SURVEY. (Proponents signature) STATE OF COUNTY OF On , 2014, personally Appeared and proved to me on the basis of satisfactory evidence to the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal this — day of , 2014 Notary Public in and for the State of (Notary signature) Residing at THIS BOUNDARY LINE ADJUSTMENT HAS BEEN REVIEWED AND APPROVED BY THE JEFFERSON COUNTY DEVELOPMENT REVIEW DIVISION. Associate Planner Date Page 3 of 3 Bender BLA 7765 RECORD OF SURVEY ANY DEPICT THE SURVEYED PARCEL MAY BE BANES THIS FENCE DNE5 AND OTHER TO EASEMENTS OR OTHER ENCUMBRANCES OCCUPATIONAL INDICATORS IN ACCORDANCE EIDER HEREON.THIS SURVEY NOT Boundary Line Adjustment WITH WAG.CHAPTER 332.130.THESE SHOWN HEREON.R65 SURVEY 645 NOT OCCUPATIONAL INDICATORS AMY INDICATE A DETERMINED IRE EXISTENCE OF ALL SUCH POTEN7W.FOR CLAIMS OF UNWRITTEN ATLE. EASEMENTS OR ENCUMBRANCES SURVE ED PAR OR EXCEPT of a portion of Government Lot 3, Section 33, LEGAL OWNERSHIP BASED UPON RESOLVED EIrt4T ON THE SURVEYED PARCEL EXCEPT TITLE CLAIMS NAVE NOT BEEN RESOLVED AS SPECIFICALLY SHOWN HEREON Township 29 North, Range 1 East, W.M., BY MIS SURVEY. Jefferson County, Washington I FOUND MONUMENT WELL WITH I BRASS CAP IN CONCRETE _- CALCULATED POSITION OF 1/16 CORNER Mats Mats Beach Road SEE SURVEYOR'S NOTE PER VOLUME 7 OF SURVEYS,PACE 151 _SHEET 2 OF 2 5883752"E 1325.48 - -- _ 3z 3t - - - _ _ 15.47 0.00 _-_ -_ -__-__________ I M 587'51'13`£ 1731.62 - J 0 352.42 'M -`-�`., NORTH LINE OF LOT 1 PER OUBACK SURVEY- , �^ 1 I m / AFN 469948 'SC, /1 .r PARCEL A k o W R0 aPLWOO2OM , - -700.- - 30 30 AA, --- - 586.02'46 E O 0 0 58751'73 E 352.42 1 EXISTING WELL--=t ro� 2 332.38 _ / a PAR A" PARCEL A ''SEE DETAIL 1 b .) / I∎ d' ; I TAr D]aB110.10p �h CsaI 2 m PARCEL B m r, ' < S8778'04"E 36237 b j--i/ ti r2 ; 3 9 329.08 o� I AFN 426497 N A"� •o °D a DV 970009,303 ;,r] 33.29 g / O, ry ^ / l7 a _ / 2 'U i _-�-_- :, S8730'24 E 352.42 '�' t°011 4 PARCEL B tom• i� , 1 5870959E _ / Ile to 355.86 �� AFN 414878 AFN 548528 AFN 521312 I S AFN 413220 I r' SEE DETAIL 'B" 1/ '9 M / ; l 1 ,0 I I I a 6 L--_ 1 1 C; �I �2 p I XI / �' NI I v 0 1 N20.57'04 E 0.78 1 / 1n 2 TO CALL POSITION � h W 7 / 2V'Y m N v°i I j e O N. 0e o S877T13"W 9.89 0 __ l / DETAIL "B" 1 °'• x N N75 / I a a I I N1632'S8E 1.34 / po l TO CALC.POSITION U I I o • FOUND 3/4-INCH IRON PIN PER VOL 5,PG 36.32 6. 115.INITIAL POINT OF MATS MATS BAY 67.92 / 2 30 130 '587.0979"W i I I I I I I I DETAIL "A" - - - - - - -______I HTS 5875074"E 948.47 0 60 120 Gilman Street SCALE IN FEET NOTES LEGEND 1, THIS SURVEY IS BASED ON THE WASHINGTON COORDINATE SYSTEM OF 1927, NORTH ZONE.ALL BEARINGS ARE RELATIVE TO SAID GRID.ALL 0 SET 5/8-INCH REBAR WITH RED PLASTIC SURVEY CAP STAMPED DISTANCES ARE REDUCED TO SAID GRID USING A COMBINED SCALE NTT-ROORDA PLS 36825"AND WHITE PLASTIC GUARD STAKE FACTOR OF 0.99994. TO OBTAIN GROUND DISTANCES, MULTIPLY DISTANCES SHOWN HEREON BY 1.00006. • FOUND 5/8-INCH REBAR WITH PLASTIC SURVEY CAP STAMPED 2 THIS SURVEY WAS ACCOMPLISHED BY FIELD TRAVERSE METHODS USING "15647"PER VOLUME 2 OF SURVEYS, PAGE 108 A 7-SECOND AND/OR 5-SECOND THEODOLITE AND AN INFRARED ■ FOUND STEEL FENCE POST MEASURING DEVICE WITH SOME DISTANCES MEASURED WITH A STEEL TAPE. 0 FOUND IRON PIPE A SPIKE WAS ALSO FOUND N89°,55'10"W 5.69' 3. FOR ADDITIONAL INFORMATION, SEE VOLUME 3, PAGE 21, VOLUME 2, 0 FOUND i-INCH IRON PIPE DISTURBED 524°35'16'W 4.01' PAGE 108 AND VOLUME 7, PAGE 751(845/5 OF BEARING). ;, Ii 4. FOR LEGAL DESCRIPTION, SEE INSTRUMENT RECORDED UNDER _,w$A RpO • FOUND 5/8-INCH REBAR WITH PLASTIC SURVEY CAP NOT LEGIBLE JEFFERSON COUNTY AUDITOR'S FILE NUMBER 117591. Q�"'Q6 i Ar eld Ata , ® FOUND 3/4-INCH IRON PIPE S86°40'2611'5.43'FROM CALCULATED 5. THE FIELD WORK FOR THIS SURVEY WAS PERFORMED ON FEBRUARY l5 N Q. ° POSITION AND 19, 2013. _ x P tit ^ �T 6. EXCEPT AS NOTED,ALL FOUND MONUMENTS ARE WITHIN 0.6'OF THE t-� ., FENCE AUDITORS CERTIFICATE CALCULATED Po5/1ION L SURVEYOR'S CERTIFICATE i k FILED FOR RECORD THIS DAY OF 2012 AT THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY . M.IN BOOK OF SURVEYS AT PAGE DIRECTION IN CONFORMANCE WITH THE SURVEY RECORDING ACT AT THE ti, NIA AT THE REQUEST OF NORTHWESTERN TERRITORIES, INC. REQUEST OF BRIAN BENDER IN FEBRUARY, 2013. DATE, 0.9ç QA, °RApta..73\50"131Aem°1701'°'° THOMAS D. ROORDA PLS 36825 COUNTY AUDITOR ©AORINNESTERN MARROWS 2073 SCALE: I'.60' I DAM 2/21/2073 (1''` NORTHWESTERN TERRITORIES, INC. Boundary Line Adjustment DRANK BY:KLR ;` Enybesrs-Land donators•GeoloWMls bi<L. PLAT CHECKED 05 IDR .I' Coes4NPlf9n Inspection•SHWA,Testing for: FINAL RENEW:7DN NT'_ TAT SODIN PEABODY.PORT ANGELES,WASHMOTON 9830Z 7390)452-8491 rwmntI4u°°m Brian Bender 3'7(28N-IFJ SHEET i OF 2 Boundary Line Adjustment of a portion of Government Lot 3, Section 33, Township 29 North, Range 1 East, W.M., • Jefferson County, Washington LEGAL DESCRIPTIONS JEFFERSON COUNTY NOTICE TO PUBLIC FOR LEGAL DESCRIPTIONS BEFORE AND AFTER ADJUSTMENT, SEE STATEMENT 1.APPROVAL OF THIS BOUNDARY LINE ADJUSTMENT DOES NOT GUARANTEE THAT OF INTENT RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NUMBER, EACH RESULTING PARCEL HAS ADEQUATE SOILS TO SUPPORT ON-SITE SEPTIC NOR DOES THIS BOUNDARY LINE ADJUSTMENT GUARANTEE THAT EACH RESULTING PARCEL IS GUARANTEED A BUILDABLE AREA.APPLICATIONS FOR SEPTIC AND BUILDING PERMITS WILL BE REVIEWED AT TIME OF SUBMITTAL OF SUCH APPLICATION FOR AREAS BEFORE ADJUSTMENT CONSISTENCY WITH CURRENT STATE AND COUNTY CODES AND ORDINANCES. PARCEL A PARCEL C PER AFN 567637) 2.APPROVAL OF THIS BOUNDARY LINE ADJUSTMENT DOES NOT GUARANTEE A ( BUILDABLE SITE WITHIN SAID PARCEL (S)AND DOES NOT GUARANTEE WATER 59,164 50. FT = 1.358 ACRES AVAILABILITY FOR SAID PARCEL (5). SUCH DETERMINATIONS ARE DEPENDENT ON PARCEL B(PARCEL A PER AFN 567637) APPROVALS OF WATER, SEPTIC, BULK AND DIMENSIONAL SETBACKS, AND ESA LOT 2= 16,682 SQ. FT. = 0.383 ACRES REQUIREMENTS.APPLICATIONS FOR SEPTIC AND BUILDING PERMITS WILL BE REVIEWED LOT 3= 18,051 S0. FT. = 0.415 ACRES AT TIME OF SUBMITTAL OF SUCH APPUCATIONS FOR CONSISTENCY WITH CURRENT LOT 4 = 14,433 S0. FT. = 0.337 ACRES STATE AND COUNTY CODES AND ORDINANCES. TOTAL = 49,166 S0. FT. = 1.129 ACRES AREAS AFTER ADJUSTMENT PARCEL A =29,582 + 16,682 + 7,236= 53,500 S0. FT. = 1.228 ACRES PARCEL B=29,582 + 14,433 + 10,815 =54,830 SQ. FT. = 1.259 ACRES NOTE:FOUND MONUMENTS SET ON THE SHORELINE IN THE VICININTY OF THE LINE OF ORDINARY HIGH WATER UNE BY THE DUBACK SURVEY(SEE SURVEYOR'S NOTE BELOW)HAVE BEEN USED TO DEFINE THE EASTERN LIMITS OF THE UPLAND PARCELS OF THIS BOUNDARY LINE ADJUSTMENT. THIS IS LABELED AS "MONUMENT LINE"ON THIS SURVEY AND IS USED TO CALCULATE AREA OF THE PARCELS BEFORE AND AFTER ADJUSTMENT. THIS APPROACH WAS TAKEN BECAUSE THE BOUNDARY BETWEEN THE UPLANDS AND TIDELANDS IS INDEFINITE AND SUBJECT TO CHANGE. JEFFERSON COUNTY APPROVALS ADMINISTRATOR OF THE DEPARTMENT DATE SURVEYOR'S NOTE OF COMMUNITY DEVELOPMENT DURING THE COURSE OF OUR SURVEY OF THE SUBJECT PARCELS NUMEROUS PRIOR SURVEYS WERE REVIEWED. THE ORIGINAL PLAT OF MATS MATS BEACH PREPARED BY ROY CRANE IN 1933, A RESURVEY OF LOTS 1-9, BLOCK 3 AND A PORTION OF BLOCK 2 BY ALAN DUBACK IN 1977 JEFFERSON COUNTY ASSESSOR DATE AND A SUBSEQUENT SURVEY BY FRANK FISCHER. IN THIS LATTER SURVEY MR. FISCHER NOTES THAT HE DISCOVERED THAT PRIOR SURVEYORS, INCLUDING DUBACK, MISTAKENLY USED A RANDOM TRAVERSE POINT AS THE PLAT MONUMENT FOR THE INTERSECTION OF BAYVIEW DRIVE AND THE NORTH LINE OF THE PLAT. THIS LINE WAS ORIGINALLY INTENDED TO BE THE NORTH LINE OF GOVERNMENT LOT 3. MR. FISCHER ALSO STATES THAT THE JEFFERSON COUNTY ROAD PROJECT 403 FOR MATS MATS BEACH ROAD ALSO RELIED ON THE ERRONEOUS MONUMENT. FISCHER REPORTS THIS AS BEING A SPIKE OR ROD". WE FOUND AN IRON PIPE WITHIN 0.03 FEET OF HIS REPORTED POSITION. THIS RESULTS IN A DISPLACEMENT OF THE ROAD INTERSECTION BY APPROXIMATELY 16.5 FEET. IN EXAMINING THE DEED FOR THE ROAD RIGHT-OF-WAY ADJOINING ADJUSTED PARCEL A WE FIND CONFLICTING ELEMENTS. THE DEED REFERENCES THE ERRONEOUS SURVEY OF THE ROAD CENTERLINE AND THE NORTH BOUNDARY OF BLOCK 2 OF THE PLAT OF MATS MATS BEACH AS BEING ONE IN THE SAME LINE. MR. DUBACK'S SURVEY ROTATES AND DISPLACES THE SUBJECT PARCELS IN A SOUTHERLY DIRECTION. WE ARE IN POSSESSION OF DUBACK'S SURVEY RECORDS AND HAVE FOUND MONUMENTS THAT HE SET AS SHOWN HEREON. WHILE THESE MONUMENTS ARE CLEARLY NOT ORIGINAL PLAT MONUMENTS, THEIR POSITIONS HAVE BEEN RELIED UPON FOR ESTABLISHING OCCUPATION LINES FOR 36 YEARS. WE HAVE BEEN UNABLE TO LOCATE ANY MONUMENTS IN THE POSITIONS WHICH WE CALCULATE FOR THE ORIGINAL PLAY. IN FACT, WHILE MR. CRANE STATES THAT THE ORIGINAL LOT AND BLOCK CORNERS WERE SET, HE DOES NOT STATE WHAT WAS SET TO MARK THESE POSITIONS. THE LOT LINES OF LOTS 2-4, BLOCK 3 AND THAT PORTION OF BLOCK 2, WHICH ARE THE SUBJECT OF THIS SURVEY AND ARE ILLUSTRATED HEREON ARE CALCULATED FROM THE DUBACK SURVEY AND THE BOUNDARIES SHOWN OF THE SUBJECT PARCELS RELY ON FOUND MONUMENTS EITHER SET BY DUBACK OR OTHERS. IN CONCLUSION, WE HAVE ACCEPTED THE FOUND MONUMENTS BECAUSE THE OWNERS OF THE SUBJECT PARCELS AND THE ADJOINERS HAVE RELIED UPON THESE MONUMENTS AS DETERMINING THE BOUNDARIES OF THEIR PROPERTIES FOR 36 YEARS. WE HAVE MONUMENTED THE NORTH LINE OF ADJUSTED PARCEL A ADJOINING MATS MATS BEACH ROAD BASED UPON THE FOUND PIPE AT THE INTERSECTION OF THIS ROAD AND BAYVIEW DRIVE. THIS MAY IN FACT NOT BE THE RIGHT-OF-WAY UNE DEPENDING UPON INTERPRETATION OF THE DEED. Y L,...,,v,v„��`„���,,,vml' 'a'7 et:. i PRA:jaJ: , - ARY ed °4WAL LATE DATE: N/A IDA,E 2i=1/=013 i''` NORTHWESTERN TERRITORIES, INC. Boundary Line Adjustment DRAW BY: MR _ Adjustment CHECKED BY:7DR ,e)` cKUUhucfbn 9lsp.0INY-M98t.YIN9 tNg for' IZE FINAL RENEW TOR NT! Brian Bender uLzsr-10 SHEET 2 Q 2 717 SOUTH PEABODY.PORI MOELES,WASHINGTON 392,GTON 88 13001 452-8491 wwwntl4ueom David W. Johnson From: Pat Perryman Sent: Wednesday, March 26, 2014 8:15 AM To: David W. Johnson Subject: MLA13-00062 March 26,2014 RE: MLA13-00062 Bender David, As I stated to you previously we(the Assessor's Office)will process this BLA based on the legal descriptions. This does not imply total acceptance of all of the data submitted with this BLA. Thanks, Pat Pat Perrryman P.0. Box 1220 Port Townsend,WA 98368 (360)385-9365 or (360)385-9222 e-mail pperryman@co.jefferson.wa.us. 1 THE SURVEYED PARCEL AMY BE SUBJECT THIS RECORD OF SURVEY MAY DEPICT TO EASEMENTS OR OTHER ENCUMBRANCES EXISTING FENCE LINES AND OMF/ER EITHER RECORDED OR UNRECORDED NOT B oundary Line Adjustment OCCUPATIONAL INDICATORS IN ACCORDANCE SHOWN HEREON. THIS SURVEY HAS NOT IWiH W.AC.CHAPTER 3.31.130.THESE DETERMINED PIE EXISTENCE OF ALL SUCH OCCUPATIONAL INDICATORS AMY INDICATE A EASEMENTS OR ENCUMBRANCES OR 7NEIR POTENTIAL FOR CLAIMS OF UNWRITTEN TITLE. EFFECT ON ME SURVEYED PARCEL EXCEPT of a portion of Government Lot 3, Section 33, LEGAL OWNERSHIP BASED UPON UNWRITTEN AS SPECIFICALLY SHOWN HEREON. P TITLE CLAIMS HAVE NOT BEEN RESOLVED Township 29 North, Range 1 East, W.M., BY WS SURVEY. Jefferson County, Washington I I FOUND MONUMENT WELL WITH I BRASS CAP IN CONCRETE CALCULATED POSITION OF 1/16 CORNER Mats Mats Beach Road SEE SURVEYOR'S NOTE PER VOLUME 7 OF SURVEYS,PAGE 151 _SHEET_2 OF 2 5883752"E 1325.48 _ _ - - _____ 1547 0.00 --___`_______—___________T 58751'13-E 1131.62 - „�`� I NORTH LINE OF LOT i PER DUBACK SURVEY-7 —1 352.92 "� 1 1 / I n AFN 469948 .'I-' I is m 1 a PARCEL A 1 :4;2.' PAR /�-� ` 7 O1 30 30 - o I iM po M o 58602'46 f 58751'13 E 352.42 I, EXISTING WELL: I o'3p 2 332.38 2 Lry I ., PARCEL A 'SEE DETAIL A” , I I TFN,10800302 1 a 58778'04"E u S'l �+ PARCEL B m I ° 362,37 J h N. 3 9 329.08 g CY AFN 426497 °j ``In o °� ,M,,9rzew30a f.1.; -3329 g oI !1 / 2 414-- --- S8750'24"E 352.42 T `` I b 4 PARCEL B 9 i Q :2 I 5870959 E / yQ - 355.86 v7' AFN 414878 AFN 548528 ' N / SEE DETAIL E" l AFN 521312 ,0 1 5 AFN 413220 `/ l ''0 K7 /.. i A I ' a 6 / c I I I „ I L--- / � � -, N / 2 : N2057'04 E 0.78 / // C r: I Jro CALL. POSITION l Pi 7 a / N / L '+ � I / mQy WO I 58727'13"W 9.89 0 -- , J I 2 r i DETAIL 'B"' / 6, ANTS / I qZN / I N16'32'587" 1.34 $2 TO CALL POSITION I o 2 I `� FOUND 3/4-INCH IRON PIN PER VOL 5, PG I I 36.32 115. INITIAL POINT OF MATS MATS BAY 67.92 7 I Z I 30 130 --S8TO9'19"W 1 h I I I` 3 I I 7 DETAIL "A" — 58750'24 _ _ ANTS 0 60 720 E 94847 Gilman IN FEET NOTES 1, THIS SURVEY IS BASED ON THE WASHINGTON COORDINATE SYSTEM OF LEGEND 1927, NORTH ZONE. ALL BEARINGS ARE RELATIVE TO SAID GRID.ALL ® SET 5/8-INCH REBAR WITH RED PLASTIC SURVEY CAP STAMPED DISTANCES ARE REDUCED TO SAID GRID USING A COMBINED SCALE NTI-ROORDA PLS 36825"AND WHITE PLASTIC GUARD STAKE FACTOR OF 0.99994. TO OBTAIN GROUND DISTANCES, MULTIPLY DISTANCES SHOWN HEREON BY 1.00006. • FOUND 5/8-INCH REBAR WITH PLASTIC SURVEY CAP STAMPED 2. THIS SURVEY WAS ACCOMPLISHED BY FIELD TRAVERSE METHODS USING "15647"PER VOLUME 2 OF SURVEYS, PAGE 108 A 1-SECOND AND/OR 5-SECOND THEODOLITE AND AN INFRARED III FOUND STEEL FENCE POST DISTANCE MEASURING DEVICE WITH SOME DISTANCES MEASURED WITH A STEEL TAPE. Q FOUND IRON PIPE. A SPIKE WAS ALSO FOUND N89•55'70"W 5.69' 3. FOR ADDITIONAL INFORMATION, SEE VOLUME 3, PAGE 21, VOLUME 2, PAGE 108 AND VOLUME 7, PAGE 751(BASIS OF BEARING). 0 FOUND 7-INCH IRON PIPE DISTURBED.524°35'16'W 4.01' `III H, 5.43'FROM CALCULATED B 4. FOR LEGAL DESCRIPTION, SEE INSTRUMENT RECORDED UNDER ; A ROQ FOUND 5/8-INCH REBAR WITH PLASTIC SURVEY CAP NOT LEGIBLE - � JEFFERSON COUNTY AUDITOR'S FILE NUMBER 177591. 08 s - 5. THE FIELD WORK FOR THIS SURVEY WAS PERFORMED ON FEBRUARY 15 R, T s A q SF. POSITION A FOUND 3/4-INCH IRON PIPE 586"40'26'W AND 19, 2013. ` y� \d FENCE 6. EXCEPT AS NOTED, ALL FOUND MONUMENTS ARE WITHIN 0.6'OF THE P�y�liN4 "7. •`/ A R CALCULATED POSITION AUDITOR'S CERTIFICATE SURVEYOR'S CERTIFICATE FILED FOR RECORD THIS DAY OF . 2072 AT THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY . M. IN BOOK OF SURVEYS AT PAGE DIRECTION IN CONFORMANCE WITH THE SURVEY RECORDING ACT AT THE /IA IAA AT THE REQUEST OF NORTHWESTERN TERRITORIES INC. REQUEST OF BRIAN BENDER IN FEBRUARY, 2013. DATE.. 0 7I TDe °I/ERRITVOWIES 20131Vemel.7°I'4w THOMAS D. ROORDA PLS 36825 COUNTY AUDITOR SCALE: i'-60' !DAM 2/21/20'3 i''" NORTHWESTERN TERRITORIES, INC. Boundary Line Adjustment DRAWN BY: MR F4iii- Engineers•Ls Surveyors-Geoloyde for: PLAT CHEMED BE TDR , / Construction A8pe 906-M MA . Testing FINAL REAEYE,DR Ni'I Brion Bender JJa9N-IF3 SHEET 1 CC 2 777 SOUTH PEABODY,PORT ANGELES,WASHINGTON 98802,1001 472-8491 Wme,Fl4o,can Boundary Line Adjustment of a portion of Government Lot 3, Section 33, Township 29 North, Range 1 East, W.M., Jefferson County, Washington LEGAL DESCRIPTIONS JEFFERSON COUNTY NOTICE TO PUBLIC FOR LEGAL DESCRIPTIONS BEFORE AND AFTER ADJUSTMENT SEE STATEMENT 1, APPROVAL OF THIS BOUNDARY LINE ADJUSTMENT DOES NOT GUARANTEE THAT OF INTENT RECORDED UNDER JEFFERSON COUNTY AUDITORS FILE NUMBER, EACH RESULTING PARCEL HAS ADEQUATE SOILS TO SUPPORT ON-SITE SEPTIC NOR DOES THIS BOUNDARY LINE ADJUSTMENT GUARANTEE THAT EACH RESULTING PARCEL IS GUARANTEED A BUILDABLE AREA.APPLICATIONS FOR SEPTIC AND BUILDING PERMITS WILL BE REVIEWED AT TIME OF SUBMITTAL OF SUCH APPLICATION FOR AREAS BEFORE ADJUSTMENT CONSISTENCY WITH CURRENT STATE AND COUNTY CODES AND ORDINANCES.A 2. LINE AUSTMENT PARCEL A (PARCEL C PER AFN 567637) BUTALDABLEASITEFW I/N BOUNDARY DPARCEL (5)AND DOES NOTEG OUARANTEEAWAIER 59,164 S0. FT. = 1.358 ACRES AVAILABILITY FOR SAID PARCEL (5). SUCH DETERMINATIONS ARE DEPENDENT ON PARCEL B(PARCEL A PER AFN 567637) APPROVALS OF WATER, SEPTIC, BULK AND DIMENSIONAL SETBACKS, AND ESA LOT 2 = 16,682 S0. FT. = 0.383 ACRES REQUIREMENTS. APPLICATIONS FOR SEPTIC AND BUILDING PERMITS WILL BE RENEWED LOT 3 = 18,051 SO. FT. = 0.415 ACRES AT TIME OF SUBMITTAL OF SUCH APPLICATIONS FOR CONSISTENCY WITH CURRENT LOT 4 = 14,433 SO. FT. = 0.331 ACRES STATE AND COUNTY CODES AND ORDINANCES. TOTAL = 49,166 SQ. FT. = 1.129 ACRES AREAS AFTER ADJUSTMENT PARCEL A = 29,582 + 16,682 + 7,236 = 53,500 SQ. FT. = 1.228 ACRES PARCEL B = 29,582 + 14,433 + 10,815 = 54,830 SQ. FT. = 1.259 ACRES NOTE. FOUND MONUMENTS SET ON THE SHORELINE IN THE VICININTY OF THE LINE OF ORDINARY HIGH WATER LINE BY THE DUBACK SURVEY(SEE SURVEYORS NOTE BELOW)HAVE BEEN USED TO DEFINE THE EASTERN LIMITS OF THE UPLAND PARCELS OF THIS BOUNDARY UNE ADJUSTMENT. THIS IS LABELED AS "MONUMENT'LINE'ON THIS SURVEY AND IS USED TO CALCULATE AREA OF THE PARCELS BEFORE AND AFTER ADJUSTMENT. THIS APPROACH WAS TAKEN BECAUSE THE BOUNDARY BETWEEN THE UPLANDS AND TIDELANDS IS INDEFINITE AND SUBJECT TO CHANGE JEFFERSON COUNTY APPROVALS SURVEYORS NOTE OF ADMINIS DEVELOPMENT DATE DURING THE COURSE OF OUR SURVEY OF THE SUBJECT PARCELS NUMEROUS PRIOR SURVEYS WERE REVIEWED. THE ORIGINAL PLAT OF MATS MATS BEACH PREPARED BY ROY CRANE IN 1933, A RESURVEY OF LOTS 1-9, BLOCK 3 AND A PORTION OF BLOCK 2 BY ALAN DUBACK IN 1977 AND A SUBSEQUENT SURVEY BY FRANK FISCHER. IN THIS LATTER SURVEY JEFFERSON COUNTY ASSESSOR DATE MR. FISCHER NOTES THAT HE DISCOVERED THAT PRIOR SURVEYORS, INCLUDING OUBACK, MISTAKENLY USED A RANDOM TRAVERSE POINT AS THE PLAT MONUMENT FOR THE INTERSECTION OF BAYVIEW DRIVE AND THE NORTH LINE OF THE PLAT. THIS LINE WAS ORIGINALLY INTENDED TO BE THE NORTH LINE OF GOVERNMENT LOT 3. MR. FISCHER ALSO STATES THAT THE JEFFERSON COUNTY ROAD PROJECT 403 FOR MATS MATS BEACH ROAD ALSO RELIED ON THE ERRONEOUS MONUMENT. FISCHER REPORTS THIS AS BEING A 'SPIKE OR ROD'. WE FOUND AN IRON PIPE WITHIN 0.03 FEET OF HIS REPORTED POSITION. THIS RESULTS IN A DISPLACEMENT OF THE ROAD INTERSECTION BY APPROXIMATELY 16.5 FEET. IN EXAMINING THE DEED FOR THE ROAD RIGHT-OF-WAY ADJOINING ADJUSTED PARCEL A WE FIND CONFLICTING ELEMENTS. THE DEED REFERENCES THE ERRONEOUS SURVEY OF THE ROAD CENTERLINE AND THE NORTH BOUNDARY OF BLOCK 2 OF THE PLAT OF MATS MATS BEACH AS BEING ONE IN THE SAME LINE. MR. DUBACKSS SURVEY ROTATES AND DISPLACES THE SUBJECT PARCELS IN A SOUTHERLY DIRECTION. WE ARE IN POSSESSION OF DUBACKS SURVEY RECORDS AND HAVE FOUND MONUMENTS THAT HE SET AS SHOWN HEREON. WHILE THESE MONUMENTS ARE CLEARLY NOT ORIGINAL PLAT MONUMENTS, THEIR POSITIONS HAVE BEEN RELIED UPON FOR ESTABLISHING OCCUPATION LINES FOR 36 YEARS. WE HAVE BEEN UNABLE TO LOCATE ANY MONUMENTS IN THE POSITIONS WHICH WE CALCULATE FOR THE ORIGINAL PLAT. IN FACT, WHILE MR. CRANE STATES THAT THE ORIGINAL LOT AND BLOCK CORNERS WERE SET, HE DOES NOT STATE WHAT WAS SET TO MARK THESE POSITIONS. THE LOT LINES OF LOTS 2-4, BLOCK 3 AND THAT PORTION OF BLOCK 2, WHICH ARE THE SUBJECT OF THIS SURVEY AND ARE ILLUSTRATED HEREON ARE CALCULATED FROM THE DUBACK SURVEY AND THE BOUNDARIES SHOWN OF THE SUBJECT PARCELS RELY ON FOUND MONUMENTS EITHER SET BY DUBACK OR OTHERS. IN CONCLUSION, WE HAVE ACCEPTED THE FOUND MONUMENTS BECAUSE THE OWNERS OF THE SUBJECT PARCELS AND THE ADJOINERS HAVE RELIED UPON THESE MONUMENTS AS DETERMINING THE BOUNDARIES OF THEIR PROPERTIES FOR 36 YEARS. WE HAVE MONUMENTED THE NORTH LINE OF ADJUSTED PARCEL A ADJOINING MATS MATS BEACH ROAD BASED UPON THE FOUND PIPE AT THE INTERSECTION OF THIS ROAD AND BAYVIEW DRIVE. THIS MAY IN FACT NOT BE THE RIGHT-OF-WAY LINE DEPENDING UPON INTERPRETATION OF THE DEED. \1/ 111 R00 PR .:. •�'� •11 !' R Y '4 .,„so EXPDIBSDIAI,W DATE: Ste: WA IDATE:1/11/1013 i`✓l.-- NORTHWESTERN TERRITORIES, INC. Boundary Line Adjustment AM PLAT CHECKED BY:7E4 �,.• WAWA•Lend SWWae•GIWep4le for: Construction 7eethp LE. REVIEW SKEET NT' Brian Bender FINAL 1 p' 2 717 SOUTH PEABODY.PORT ANGELES,WASHNO70N 911302. w. 19001 452-8491 wwnfl4u0an JJ(17M'-1FJ When recorded return to: Northwestern Territories, Inc. 717 South Peabody Port Angeles, Washington 98362 BOUNDARY LINE ADJUSTMENT Grantor(s) : Brian Richard Bender & Brenda Teresa Huey Grantee(s) : Brian Richard Bender & Brenda Teresa Huey Description of Property: Assessor's Parcel Numbers: 970 800 302, 970 800 303 and 970 800 204 EXISTING LEGAL DESCRIPTIONS-BEFORE ADJUSTMENT PER AUDITOR'S FILE NO. 567636 PARCEL A MATS 2, 3, AND 4, BLOCK 3 OF MA S MATS BEACH,C , AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY; ALSO PARCEL B A PARCEL OF TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A; ALSO PARCEL C THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. Page 1 of 3 Bender BLA BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040 (6) . IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. Boundary lines subject to adjustment are identified as follows: Parcels A and C are being adjusted to result in two shoreline parcels with building sites. Each parcel will be divided by Bayview Drive with well water service and septic systems to be located on the non-buildable halves lying west of Bayview Drive as follows: PARCEL A - ADJUSTED THE NORTH 83.94 FEET OF THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOT 2, THE NORTH 19.92 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCEL B - ADJUSTED THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, EXCEPT THE NORTH 83.94 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOT 4, THE SOUTH 29.96 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; Page 2 of 3 Bender BLA TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCELS A AND B ADJUSTED ARE DEPICTED ON BOUNDARY LINE ADJUSTMENT RECORD OF SURVEY FOR AS RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NUMBER .SEE ALSO SURVEYOR'S NOTE ON SHEET 2 OF 2 ON SAID SURVEY. (Proponents signature) STATE OF COUNTY OF On , 2014, personally Appeared and proved to me on the basis of satisfactory evidence to the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal this day of , 2014 Notary Public in and for the State of (Notary signature) Residing at THIS BOUNDARY LINE ADJUSTMENT HAS BEEN REVIEWED AND APPROVED BY THE JEFFERSON COUNTY DEVELOPMENT REVIEW DIVISION. Associate Planner Date Page 3 of 3 Bender BLA David W. Johnson From: Pat Perryman Sent: Thursday, February 06, 2014 2:07 PM To: David W. Johnson Cc: Sherrie Shold Subject: MLA13-00062 Bender David, Here is what we would like to have added to the statement of intent for this Boundary Line Adjustment. Please let me know if you have any questions about it. Also, Sherrie said that it would be best on this one(at least) to have both the survey and the statement of intent recorded at the same time. statement note.pdf Thanks, Pat Pat Perrryman P.0. Box 1220 Port Townsend,WA 98368 (36o)385-9365 or (36o)385-9222 e-mail pperryman®co.jefferson.wa.us 1 David W. Johnson From: David Alvarez Sent: Friday, February 07, 2014 11:19 AM To: David W. Johnson Subject: RE: MLA13-00062 Bender I would just make it"See also the surveyor's note " DA From: David W. Johnson Sent: Friday, February 07, 2014 10:14 AM To: David Alvarez Subject: FW: MLA13-00062 Bender FYI From: Pat Perryman Sent: Thursday, February 06, 2014 2:07 PM To: David W. Johnson Cc: Sherrie Shold Subject: MLA13-00062 Bender David, Here is what we would like to have added to the statement of intent for this Boundary Line Adjustment. Please let me know if you have any questions about it. Also,Sherrie said that it would be best on this one (at least) to have both the survey and the statement of intent recorded at the same time. « File: statement note.pdf» Thanks, Pat Pat Perrryman P.0. Box 1220 Port Townsend,WA 98368 (36o)385-9365 or (36o)385-9222 e-mail pperryman@c0.jefferson.wa.us 1 TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A" S b PARCELS A AND B ADJUSTED ARE DEPICTED ON BOUNDARY LINE ADJUS ENT RECORD OF SURVEY FOR AS RECORDED UNDER JEF RSON COUNTY AUDITOR'S FILE NUMBER 3 SEE . ,SUE st 'z'ole s CTt°E sF.-1 SHEET. I OF a 01-3 s&tD 5vgv E 1'. (Proponents signature) STATE OF COUNTY OF On , 2013, personally Appeared and proved to me on the basis of satisfactory evidence to the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal this day of , 2013 Notary Public in and for the State of (Notary signature) Residing at THIS BOUNDARY LINE ADJUSTMENT HAS BEEN REVIEWED AND APPROVED BY THE JEFFERSON COUNTY DEVELOPMENT REVIEW DIVISION. Associate Planner Date Page 3 of 3 Bender BLA OFFICE OF THE JEFFERSON COUNTY ASSESSOR Jack Westerman III,Assessor November 12,2013 David, RE: MLA13-00062 Bender After reviewing this proposed action, I have the following comment(s): 1. The revised(Adjusted)legal description for the first"Together With"of Parcel B reads exactly like the first"Together With"of Parcel A-this needs to be corrected. 2. Under notes on the survey the reference to Volume 13 Page 21is not correct. Also, the"indexing box"in the lower right hand corner of sheet 1 has the location for this property being in the Northwest quarter—it is actually located in the Southwest quarter. Finally,on the survey information portions of the survey,sheet 2 has eronious and referances both misspelled. 3. Under the Surveyor's Certificate it states that this survey was done for David and Karla Griffith in October 2012. This property was owned by Bender at that time. I think it is supposed to read differently. 4. I am puzzled as to why the North line of Lot 2 has the angle shown on the face of the survey. The plat of Mats Mats Beach(and even Duback's survey)clearly show the line as being a straight line. 5. I also have questions pertaining to the survey in general that are difficult to explain in a note about this action; it is my suggestion that the surveyor contact me so we can discuss my questions(David-you may want to also contact me so I can let you know the basics of my issues with the survey). SURVEYORS PLEASE NOTE: This office tries to catch all errors and inconsistencies in the survey and legal descriptions submitted for our review but do not always find every issue. Please be sure to re-review you work so that we all have less frustration in trying to get these projects through to completion. If you have any questions or comments, please do not hesitate to contact me. Thanks, Pat Pat Perryman (36o)385-9222 (360)385-9365 pperryman@co.jefferson.wa.us When recorded return to: Northwestern Territories, Inc. 717 South Peabody Port Angeles, Washington 98362 BOUNDARY LINE ADJUSTMENT Grantor(s) : Brian Richard Bender & Brenda Teresa Huey Grantee(s) : Brian Richard Bender & Brenda Teresa Huey Description of Property: Assessor's Parcel Numbers: 970 800 302, 970 800 303 and 970 800 204 EXISTING LEGAL DESCRIPTIONS-BEFORE ADJUSTMENT PER AUDITOR'S FILE NO. 567636 PARCEL A LOTS 2, 3, AND 4, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY; ALSO PARCEL B A PARCEL OF TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A; ALSO PARCEL C THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. Page 1 of 3 Bender BLA BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040 (6) . IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. Boundary lines subject to adjustment are identified as follows: Parcels A and C are being adjusted to result in two shoreline parcels with building sites. Each parcel will be divided by Bayview Drive with well water service and septic systems to be located on the non-buildable halves lying west of Bayview Drive as follows: PARCEL A - ADJUSTED THE NORTH 83.94 FEET OF THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOTS 2, THE NORTH 29.96 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCEL B - ADJUSTED THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME' 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, EXCEPT THE NORTH 83 .94 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOTS 2, THE NORTH 29.96 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; Page 2 of 3 Bender BLA July 19, 2013 BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 RE: SITE ADDRESS: 15 S BAYVIEW DR CASE#: MLA13-00062 Dear BRIAN R BENDER TRUSTEE: The Department of Community Development is in the process of reviewing your application. The following information is needed to continue review of your project. Please submit a current(within 30 days)title company certificate. Please submit the above information to the Department of Community Development by October 17, 2013. Pursuant to Jefferson County Code(JCC) 18.40.110(3) and (6), if the applicant refuses to submit the additional information or does not request additional time to submit the required information within the ninety(90)calendar day period, the application will be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. Sincerely, Department of Community Development Staff c: File \\tidemark\data\forms\F_MLT Addlnfo_Requst.rpt 7/19/2013 e When recorded return to: — APR 1 8 2013 I Northwestern Territories, Inc. !i 717 South Peabody Port Angeles, Washington 98362 JEFFERSONCOUPJTY DEPT.OF COMMUNITY DEVELOPMENT BOUNDARY LINE ADJUSTMENT Grantor(s) : Brian Richard Bender & Brenda Teresa Huey Grantee(s) : Brian Richard Bender & Brenda Teresa Huey Description of Property: Assessor's Parcel Numbers: 970 800 302, 970 800 303 and 970 800 204 EXISTING LEGAL DESCRIPTIONS-BEFORE ADJUSTMENT PER AUDITOR'S FILE NO. 567636 PARCEL A LOTS 2, 3, AND 4, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY; ALSO PARCEL B A PARCEL OF TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A; ALSO PARCEL C THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. Page 1 of 3 Bender BLA BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040 (6) . IT DOES NOT CREATE ANY ADDITIONAL LOTS, TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. Boundary lines subject to adjustment are identified as follows: Parcels A and C are being adjusted to result in two shoreline parcels with building sites. Each parcel will be divided by Bayview Drive with well water service and septic systems to be located on the non-buildable halves lying west of Bayview Drive as follows: PARCEL A - ADJUSTED THE NORTH 83.94 FEET OF THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOTS 2, THE NORTH 29.96 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCEL B - ADJUSTED THE EAST 352 .4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, EXCEPT THE NORTH 83.94 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357. TOGETHER WITH; LOTS 2, THE NORTH 29.96 FEET OF LOT 3, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY, WASHINGTON TOGETHER WITH; Page 2 of 3 Bender BLA TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A. PARCELS A AND B ADJUSTED ARE DEPICTED ON BOUNDARY LINE ADJUSTMENT RECORD OF SURVEY FOR AS RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NUMBER THIS BOUNDARY LINE ADJUSTMENT HAS BEEN REVIEWED AND APPROVED BY THE JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT. BY: Date Page 3 of 3 Bender BLA sv,,e) 0-0 • CCEDV wk ° JEFFERSON COUNTY ti 4\ z ►.4 DEPARTMENT OF COMMUNITY DEVELOPMENT �� t , AFR 1 8 2013 , 4,q 621 Sheridan Street• Port Townsend •Washington 98368 - �1 J 411N6z° 360/379-4450. 800/831-2678 .360/379-4451 Fax JEFFERSON COUNTY DEPT.OF COMMUNITY DEVELOPMENT Boundary Line Adjustment (BLA) Supplemental Application MLA# PROJECT/APPUCANTNAME: Brian R. Bender, i reraor 4%9 Submittal Requirements A completed Master Permit Application. Representative authorization is required if application is not signed by owner. Boundary Line Adjustment application fee,as set forth in the Jefferson County Fee Ordinance,as amended. CJ a. A single application may be submitted for multiple BLAs for adjacent parcels, lots,tracts or sites within a binding site plan. However, standard application fee(s)shall apply to each BLA after the first two per additional parcel,lot,tract or site b. In instances of lot consolidation,standard application fee(s)shall apply based on the number of resulting parcels or lots. ri Three(3)copies of a clean and legible drawing suitable for recording showing the following: a. The proposed lines for all affected lots,tracts or parcels, indicated by bold solid lines; b. The existing lot,tract or parcel lines proposed to be changed, indicated by light broken lines; c. The location and dimensions of all structures/improvements existing upon the affected lots, tracts or parcels and the distance between each such structure/improvement and the proposed boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid lines; d. A north arrow indication and scale; e. All assessor's tax parcel numbers for the affected lots,tracts or parcels; f. The location of the property as to quarter/quarter section; g. The location and dimensions of any easements within or adjacent to any affected lots,tracts or parcels; h. The location, right-of-way widths, pavement widths and names of all existing or platted streets or roads, whether public or private,and other public ways within or adjacent to the affected lots,tracts or parcels; i. The area and dimensions of each lot prior to and following the proposed adjustment; j. The existing onsite sewage system components and reserve areas and the proposed location for onsite sewage systems and soil test pits for all affected lots that are not currently served by an onsite sewage system or other approved wastewater treatment system; k. The location of all existing and proposed water and storm drainage facilities; and I. The approximate location and extent of any environmentally sensitive areas designated under Article VI-D of Chapter 18.15 JCC, including any flood hazard areas lying within the existing or revised parcel boundaries. The following notice will be recorded on the drawing when the parcels that are part of the Boundary Line Adjustment include, or are adjacent to, Environmentally Sensitive Areas (ESA): Notice to Public: Current Jefferson County geographic information systems (GIS) maps identify the presence of an Environmentally Sensitive Area (ESA) such as stream, wetland, flood, landslide hazard, erosion, aquifer recharge area, fish and wildlife habitat, shoreline, etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity, applicant/owner shall contact the Jefferson County department of community development regarding compliance for such ESA's. Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks,and ESA requirements; m. In cases where the requirement to provide written verification that the resultant lots can accommodate on-site sewage system from the Jefferson County department of environmental health has been waived, the following notice shall be recorded on the drawing: Notice to Public: Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. BLAAPP.DOC REV.8/4/2006 Page 1 • • n A copy of any Covenants, Conditions and Restrictions (CC&Rs), deed restrictions, or planned rural residential development (PRRD)agreements pertaining to or affecting the property. n If an individual septic system is proposed (Le., as opposed to connection to either a community drainfield or municipal sewer system), the applicant shall provide written verification from the Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain a dwelling. An applicant may choose to apply for a Site Plan Approval Advance Determination(SPAAD)to fulfill this requirement. This requirement shall be waived for resultant parcels that a. Are larger than 2.5 acres; b. Have existing residential structures;or c. Have limited the use of the resultant parcel to agriculture,forestry,or open space through conservation easements, restrictive covenant, or similar legal arrangement. The Open Space Tax program shall not be used to fulfill this requirement. • The application shall be accompanied by a current(i.e.,within 30 days)title company certification of the following: a. The legal description of the total parcels sought to be adjusted; b. Those individuals or corporations holding an ownership interest and any security interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporations shall sign and approve the final survey prior to final approval; c. Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s)signing the dedication certificate; d. Any easements or restrictions affecting the properties to be adjusted with a description of purpose and referenced by the auditor's file number and/or recording number,and e. If lands are to be dedicated or conveyed to the county as part of the subdivision,an American Land Title Association (A.L.T.A.)policy may be required by the director of the department of public works. 1. Please provide a brief description of the purpose of the proposed boundary line adjustment. Parcels A and C are being adjusted to result in two shorline parcels with building sites. Each parcel will be divided by Bayview Drive with well water service and septic systems to be located on the non-buildable halves lying west of Bayview Drive 2. Please provide Existing Legal Descriptions of all affected lots,tracts or parcels. (Attach additional sheets,if necessary.) PER AUDITOR'S FILE NO. 567636 Parcel A:LOTS 2, 3, AND 4, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY; ALSO Parcel B: A PARCEL OF TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A; ALSO Parcel C: THE EAST 352 . 4 FEET OF BLOCK 2 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO. 241357 Parcel 0: BLA APP.DOC REV.8/4/2006 Page 2 • • 3. Please provide Proposed Legal Descriptions of all affected lots,tracts or parcels.(Attach additional sheets if necessary.) Parcel A: SEE ATTACHED Parcel[3: SEE ATTACHED Parcel C: • Parcel D: 4. All owners of the subject properties must sign the application below to signify agreement to the proposed boundary line adjustment. The applicants hereby certify that all of the above statements are true and the plot plan provides an accurate representation of the proposed boundary line adjustment, and the applicants hereby acknowledge that any permit issued on is application may be revoked if any such statement is found to be false. a. Date: `///G //3 b. 3 Date: 4//t, / c. r Date: d. Date: BlA APP.00C REV.8/42006 Page 3 JEFFERSON TITLE COMPANY Jefferson Title Company 2205 Washington Street PO Box 256 Port Townsend,WA 98368 Phone: (360)385-2000 Fax: (360)385-6967 SUPPLEMENTAL #1 TO THE SUBDIVISION CERTIFICATE COMMITMENT Attention: This Supplemental contains changes which impact Title to Property set forth in the above referenced commitment. Prepared For: Northwestern Territories,Inc. Kent Robinson 717 South Peabody Street Port Angeles,WA 98362 Commitment No.: 78912 ®There has been no change in the title to the property covered by this order since April 8,2013 at 8:00 A.M. date of original Subdivision Certificate. Dated as of October 7,2013 at 8:00 A.M. Jefferson Title Company By: Stacy Judd,Title Officer JEFFERSO[ fTITLENY P.O. Box 256 . 2205 Washington St.Port Townsend,WA 98368 •(360)385-2000 FAX (360)385-6967 BILLED TO • ORDER NO. Northwestern Territories, Inc. 78912 7891rd Kent Robinson DATE 717 S Peabody St Port Angeles, WA 98362 April 26, 2013 RETITLE TO TITLE INSURANCE PREMIUM 400 00 36 00 --- Plat Certificate SALES TAX Bender/Huey Trust SIMULTANEOUS MTG.INS. SALES TAX ESCROW SALES TAX MISC. FEES ADVANCED TOTAL 436 00 Form No. 14 Certificate No,:78912 Subdivision Certificate JEFFERSON TITLE COMPANY PO Box 256.2205 Washington Street,Port Townsend,WA 98368 Phone:(360)385-2000 Fax:(360)385-6967 Subdivision Certificate Prepared For: Order No.: 78912 Northwestern Territories, Inc. Charge: $400.00 Kent Robinson Tax: $ 36.00 717 South Peabody Street Total: $436.00 Port Angeles, WA 98362 In the matter of the Subdivision to be submitted for approval, this Company has examined the records of Jefferson County. This certificate is made for the purpose herein specified, and is not to be used as a basis for closing any transaction. Liability is limited to the charge made for this certificate. From such examination, the Company hereby certifies the title to the following described land, in said JeffersonCounty,to wit: Parcel A: The East 352.4 feet of Block 2 of Mats Mats Beach,as per plat recorded in Volume 3 of Plats, page 21,records of Jefferson County, Washington; EXCEPT the South 428.3 feet thereof; AND EXCEPT that portion conveyed to Jefferson County for Mats Mats Bay County Road under Auditor's File No. 241357. Situate in the County of Jefferson, State of Washington. Parcel B: Lots 2,3 and 4,Block 3 of Mats Mats Beach, as per plat recorded in Volume 3 of Plats, page 21,records of Jefferson County, Washington; ALSO a parcel of tidelands of the second class suitable for the cultivation of oysters,as conveyed by the State of Washington,situate in front of,adjacent to and abutting upon. Situate in the County of Jefferson, State of Washington. Is Vested in: Brian Bender and Brenda T. Huey, as Trustees of the Bender and Huey Family Trust, dated October 25, 2012 Subdivision Certificate Guarantee No,:78912 Page No.:2 Special Exceptions: 1. General taxes for the year 2013 which have been paid. Amount: $460.12 Tax Account No.: 970 800 204 Assessed value: $42,220.00 General taxes for the year 2013 which have been paid. Amount: $ 1,393.91 Tax Account No.: 970 800 302 Assessed value: $ 134,120.00 General taxes for the year 2013 which have been paid. Amount: $ 1,102.93 Tax Account No.: 970 800 303 Assessed value: $ 106,020.00 2. Reservations contained in deed from the State of Washington recorded under Recording No.29791,reserving all oil,gases,coal,ores,minerals,fossils,etc.,and the right for opening,developing and working the same,together with any right to acquire easements or rights of way; Providing that all such rights shall not be exercised until provision has been made to compensate for damage sustained by reason of the exercise of such rights. 3. Any question as to the true location of the lateral boundaries of the second class tidelands. 4. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation,but also for corollary purposes; including(but not limited to)fishing,boating, bathing,swimming,water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level,all as further defined by the decisional law of the state.(Affects all of the premises subject to such submergence) 5. Terms,provisions and reservations under the Submerged Land Act(43 U.S.C.A.Sections 1301 through 1311) and the rights of the United States of America to regulate commerce,navigation,flood control,fishing and production of power. 6. Right to make necessary slopes for cuts or fills upon said premises for Mats Mats Bay Road as granted by deed recorded April 8, 1977 under Recording No.241357. LPB Subdivision Certificate Guarantee No.:78912 Page No.:3 7. Title vested is a qualified fee under the provisions act of an act of the legislature approved March 2, 1895, commonly known as the Bush Act,and is subject to conditions,reservations and exceptions as set forth in the deed from the State of Washington and as set forth in the Bush Act as follows: No person who is not an actual resident and a citizen of the United States and of the State of Washington,shall be competent to acquire,directly or indirectly,any right,title or interest in and to the above described lands.If the said lands be used,in whole or in part,by the above named grantee or by any successors in interest of said grantee for other than the purposes specified in an act of the legislature of the State of Washington,entitled;"an act providing for the sale and purchase of tidelands of the third class,and manner conveying the same,for the purpose of oyster planting, to encourage and facilitate said industry,and declaring an emergency",approved March 2, 1895 and under the provisions of which act the grant is made,then upon application of any citizen to the commissioner of public lands the sale thereof by the state may be cancelled,and this patent declared void,and said lands shall revert to the State of Washington and shall again be subject to sale, but not to such defaulting purchaser or defaulting successor in interest of said purchaser. It is expressly agreed that if from any cause any tract or tracts,parcel or parcels of said land shall become unfit or valueless for the purpose of oyster planting,the party having so purchased and being in possession of the same, upon certifying such fact under oath to the commissioner of public lands and to the auditor of the county wherein such lands are situated,and also upon filing under oath a certificate of abandonment of such tract or tracts,parcel or parcels of land,in the office of each of such officials,shall then be entitled to again make purchase of oyster lands pursuant to the provisions of the act of the legislature of the State of Washington, entitled"an act providing for the sale and purchase of tidelands of the third class,and manner of conveying the same,for the purpose of oyster planting,to encourage and facilitate said industry and declaring an emergency",approved March 2, 1895 and such certificate shall be and be deemed to be a reconveyance to the State of Washington of the lands therein described as having become unfit and valueless for the purpose of oyster planting. 8. Personal Representative's Deed Terms and Conditions of: Grantor: Blake Anthony Bender, Personal Representative of the Estate of John Frank Bender Grantee: Brian Richard Bender,as his separate estate Recorded: May 31, 2012 Recording No.: 567636 Note: Said deed is in question due to according to the will of John Frank Bender the property should have been deeded to Drake Curtis Bender. 9. Terms and conditions of the Bender and Huey Family Trust,under which title is vested. Dated:April 8,2013 at 8:00 a.m. Your title officer for this transaction is Stacy Judd.If you have any questions concerning this title commitment, please do not hesitate to call me at(360)385-2000 or e-mail stacy @jeffersontitlecompany.com By:Stacy Judd,Title Officer 572126 PGS�ft: 4 Lay_WD po� JOtartan2Couunty 4A Auditor's o►fsw ^^a E After Recording Mail To: L aw Offices of Ernest Lew Jelfersonk my Excise Tax L 235 Montgomery Street, Suite 967 All # 1 1 8� raf:; San Francisco,CA 94104 Tax By 40idi "r a t• _. Gcp�(y Treasurer Assessor's Parcel Number:970800302;970600303;970800204 WARRANTY DEED MLR or Dot vxfrNT Brian Richard Bender,a married man as his separate property,the GRANTOR, Whose current address is 1743 11th Avenue,San Francisco,California 94122 FOR and in consideration of TEN AND NO/100 DOLLARS ($10.00), in hand paid, conveys and warrants to Brian Bender and Brenda T.Huey,as Trueteas of the Bender and Bury Family Trust, dated October 25,2012,the GRANTEE, Whose current address is 1743 11th Avenue,San Francisco,California 94122 THE FOLLOWING described real estate, situated in the County of Jefferson, State of Washington: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Prior Recorded Doc. Ref.: Personal Representative's Deed: Recorded May 31, 2012, Doc. No. 667636 Every deed in substance in the above form,when otherwise duly executed, shall be deemed and held a conveyance in fee simple to the grantee,his heirs and assigns,with covenants on the part of the grantor; (1)That at the time of the making and deliver of such deed he was lawfully seized of an Indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same; (2) that the same were then free from all encumbrances: and (3) that he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same, and such covenants shall be obligatory upon any grantor, his heirs and personal representatives, as fully and with like effect as if written at full length in such deed. When the context requires, singular nouns and pronouns, include the plural. 572126 Page 2 of 4 12/131201202:48 PM Dated i2.-f 3 20 /.Z-, g-4.0%•••104-1_ �•L� Brian Richard Bender STATE OF CO OF ] ss On this day per" •ally appeared before me Brian Richard Bandar to me known • • the individual(s) descri.-• in and who executed the within and foregoing ins•• • ent, and acknowledged that he - they signed the same as his/her/their free • voluntary act and deed,for the uses and •• •••sea therein mentioned. NOTARY STAMP/S Given un• my hand and official seal of office his day of ,A.D., 20 . H� 'Y PUBLIC MY Commission Ex•' s: Residing at; SEE ATTACHED CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT • 572126 Page 3 of 4 12/13/201202:48 PM EXHIBIT"A" JEGAL DESCRIPTION ALL INTEREST IN THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE COUNTY OF JEFFERSON,STATE OF WASHINGTON,TO WIT: PARCEL A: LOTS 2, 3, AND 4, BLOCK 3 OF MATS MATS BEACH, AS PER PLAT RECORDED IN VOLUME 3 OF PLATS ON PAGE 21, RECORDS OF JEFFERSON COUNTY;ALSO PARCEL B: A PARCEL OF TIDELANDS OF THE SECOND CLASS SUITABLE FOR THE CULTIVATION OF OYSTERS, AS CONVEYED BY THE STATE OF WASHINGTON, SUITABLE IN FRONT OF, ADJACENT TO AND ABUTTING UPON SAID PARCEL A;ALSO PARCEL C: THE EAST 352.4 FEET OF BLOCK 2 OF MATS MATS BEACH,AS PER PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 21, RECORDS OF JEFFERSON COUNTY, EXCEPT THE SOUTH 428.3 FEET THEREOF, AND EXCEPT PORTION CONVEYED TO JEFFERSON COUNTY FOR COUNTY ROAD UNDER AUDITOR'S NO.241357. ' . 572126 Page 4 of 4 12/13/201202:48 PM CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 State of California County of an .QY1ciSet l L �y I On 12)Q 5 ft.Okz. before me, \QS%C01 L•❑1 �&(av1 n 1�l C . I if lere insert name and 11th•o(the Officer/ I+ personally appeared � who proved to me on the basis of satisfactory evidel be the person(s)whose name re subscribed to the within instrument ands nowledgcd to me that he/they executed the same i r/their authorized capacity(ies).and that bar erftheir signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acne .executed the instrument. f i ■ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph jis true and correct. ` JESSICA L.HgAENBRM1Q ilia , C13bittl. 141963 WITNI"SS my hand and official seal. r'.' Ilouurtrt�uale•rrnfrown► ` -.„,,/ MN f'RANCl$CO COUNT/ Careen.Exp.JULY 21 201ti Sivn�rc p1 lNIIL'Jry Seal) h 4moomtr, lift 111111111111111111MM Li ADDITIONAL OPTIONAL INFORMATION } 1 INSTRUCTIONS FOR COMPLETING THIS FORM .Arty+x•kmniledgmetse efnrgderl,l in (hlififniu MOM Contain verbiage niftily at 1 DESCRIPTION OF'l'III:ATI-ACI1ED DOCUMENT IgyJeiue myna an the IMAM'snium w a separate ocAtrorlerlgwerulrawr owl he I V' 'r o a innper✓1'completed amf s,n elted in elan document The note exception is ti 1 VC flrsrtnnenr is to he ret•ruxkd wooly of('ahfrnJu. hi such uctnuu+rs.line,i1 rrao:re ('file Sir tk option of;art+elicd Jacwranll —'—� m hmarledgnen:rerhi, a as may be printer(Oil such a document us tong us the n'r•geoge flues Sion regldn'the no'w v in flu smnerlung elan is MegaI fat a Jimmy ii, (ititliuniu tie eer•gJi'irrx the trtnluurrefl culirt•in'of the.eigrer). Mace Check the 'ilk a-;CC scnp-lnm Sir attached ducukn continue-sit •- flftrurea eon all f a proper aiuual llfsr 111rg um!Wench rlett f NWr 1f revering `` •• Slate and Courtly inlinm.xitxt must he the State nod County where the tltmcilrircnt Number of Pages. . Document Dsstc_.�2 , * 1 signets)personally appeared benne the rotary-public for acknowledgment 1 ')j� T L+ • Irate ornottxunuon must he the due thaI the signals,pccurnait)•appeared which 1 .._-_..!_._ mull also he the same date the tieknuulsdgttcm is completed. tAd,hturnul mftlrn:it11Mll • The notary puhric Dump print has IN'her name to ii appears ts'Shin hl-r or her f commission followed by a commis mxl then you Ink I ntury piddle) • Prim the annuls,of dtn'rrncn)sitineJts)ales personally aptpeur art the how If ntNartratlnn CAPA 'ITY CLAIMED BY THE SIGNER • indicate the arrrect w,rpulor or plural liirms to crossing DII incorrect limns p c he/uhetiltey-Is Jere I or circling the correct forms Failure to correctly indicate this ■ hjdivlduat(s) information may kid to rejection of docwnenl recording i 0 Corporate Officer • 'the notary seal immssi pot roust he clear and phouigraphically reproducible Impression Mail MI coyer test or lines If seal impression snsudges,re-seal if a (Title) sufficient area permits_otherwise complete a difhtent acknots ledginent form U Parinerls) • Signature of the rotor public must match the signature on file with the office Sir the enemy clerk C Anorney-in-Fact 4 Additinnut inlisrmation is not required but could help to ensure tins t 0 'fn,slee(s) acknowledgment is not misused or attached to a different document ` 0.i Other • Indicate title or type of attached doe omen!,number of pages and date. 4 Indicate the capacity claimed fry the signer if the rimmed capseily As a cartxmtte officer,indicate the title t i c.CIiO.CFO.Secretary). • Securely attach this document to the signed docanrevu ,1p)g Yetsam C'APA v12 10 07 8110.117.I.91165 www.NotaryClasses.com 567636 PGS �:1 q2� DEED Jatf.rson2C1ei.nty I A itor'snOtrios —Davta Eidr1dos, kid tor Recording Requested By and When Recorded Mail To: MICHAEL J.DeFRANCO ATTORNEY AT LAW Jefferson County Excise Tax 5040 WILSON AVENUE SOUTH Aft # .i Z 5 91 U le 5-3/.0704,7 SEATTLE, WA 98118-2085 Tax$ -- Saliea Arai $_By Deputy Treasurer PERSONAL REPRESENTATIVE'S DEED Grantor;BLAKE ANTHONY BENDER,PR Grantee:N/A Grantee:BRIAN RICHARD BENDER Legal Description(abbreviated):MATS MATS BEACH:BLK 3,LOTS 2&4 TI TAX Z 7 Z1;BLOCK 3 LOT 3 &TL TAX D;BLK 2,TAX 14 LESS R OF W Assessor's Tax Parcel 11)4 970800302,970800303,970800204 Reference Nos.of Documents Released or Assigned: THE GRANTOR: BLAKE ANTHONY BENDER,Personal Representative of the Estate of JOHN FRANK BENDER, for and in consideration of: settlement of the Estate of JOHN FRANK BENDER, King County Probate No. 11-4-04354-9 SEA conveys and quit claims to: BRIAN RICHARD BENDER as his separate property the following described real estate, situated in the County of Jefferson, State of Washington: together with all after acquired title of the grantor(s)therein: Parcel A:Lots 2, 3,and 4,Block 3 of Mats Mats Beach,as per plat recorded in Volume 3 of Plats on page 21,records of Jefferson County;ALSO Parcel B:A parcel of Tidelands of the second class suitable for the cultivation of oysters,as conveyed by the State of Washington,suitable in front of,adjacent to and abutting upon said parcel A;ALSO Personal Representative's Deed- t 567636 Page 2 of 2 05/31/201211:30 AM Parcel C: The East 352.4 feet of Block 2 of Mats Mats Beach,as per plat recorded in Volume 3 of Plats,page 21,records of Jefferson County,EXCEPT the South 428.3 feet thereof,and EXCEPT portion conveyed to Jefferson County for County road under Auditor's No. 241357. Dated: /ivy y //,_,2012 BL�ON BENDER Personal Representative of the Estate of JOHN FRANK BENDER STATE OF WASHINGTON ) )SS. COUNTYOFKING ) I hereby certify that I know or have satisfactory evidence that BLAKE ANTHONY BENDER is the person who appeared before me and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. Dated: Me,, /L,2012 r.J. Dsp k' , 'r_ ` s� ' No : Public in and for 2 is * ` O =the State of Washington s s ,,� you s residing at Seattle. N���� " My commission expires: 4/25/13. Personal Representative's Deed-2 X�5a53403 PGS . 4 DEED Jerfirsenl®Canty WA JOHN tooeeND Donna Eldridge, Auditor �h! itleilieblitatigilitifilIMIWIN II III RETURN ADDRESS john 4 eend - 91z?) & (gut" C.0 o Y 94 rk 9 1 4fferson County 8 Excise Tax AAll # 1 1 4 7 ,Date 61.1i-ra Tax$ Sales Amt$ $ Please print neatly or type information By -a.• i a l 111, eputy Treasurer DOCUMENT TITLE Pet,a l geTee3e114aiivel3 01214 REFERENCE NUMBERS(S) OF RELATED DOCUMENTS Additional Reference#'s on page GRANTOR(5)Nast, First and Middle Initial) Fender, _ oho Cgs p�eeelerl r-epreSer, it.e o1- -fie_. tos6 . berotr) Additional grantor on page GRANTEE (S)(Last, First and Middle Initial) 4,12tCx7 1:4tn F. Additional grantee on page LEGAL DESCRIPTION(Abbreviate form:i.e.tot,block,plat or section,township,range,quarter/quarter) mats mot-5 f3r�ach x61-4 3 Lem a 4y re- TRr t 2. 7 2.4 ;$Loa- 3 I.0T 3 ..--12444— a t T ( 1 ci Lij) 01- IA.1 Additional legal on page^. ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER . g7b3oo ._ 9-70 t8_0382) 1-701:0-0070k4 Additional parcel Ws on page_ The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verity the accuracy or completeness of the indexing information provided herein. 553403 Page 2 of 4 08/04/201002:30 PM Filed for Record at Request of& When Recorded Return To John F.Bender 4123 NE 186th St. ' Lake Forest Park,WA 98155 PERSONAL REPRESENTATIVE'S DEED (Upon Distribution from Testate Estate of Community Real Property to Decedent's Surviving Spouse) Grantor:John F.Bender,Personal Representative for Estate of Patricia Viola Bender Grantee:John F.Bender Abbreviated Legal Descr.:MATS MATS BEACH:BLK 3,LOTS 2&4 TL TAX Z 7 Z1;BLOCK 3 LOT 3&TL TAX D;BLK 2,TAX 14 LESS R OF W Parcel Nos.:970800302,970800303,&970800204 1. Grantor. 1,JOHN F..BENDER,am the duly appointed,qualified,and acting Personal Representative of the Estate of PATRICIA VIOLA BENDER,Deceased, King County, Washington,Superior Court Case No.10-4-01100-2 SEA. 2. Grantee. The Grantee is JOHN F.BENDER. 3. Decedent's Estate. Decedent PATRICIA VIOLA BENDER died testate on January 9,2010. On February 16,2010,Decedent's Will was admitted to probate and Grantor was appointed Personal Representative of Decedent's estate and granted Nonintervention Powers for the administration of Decedent's estate. 4. Will Provision. Article II of Decedent's Will provides that the residue of Decedent's estate shall pass to John F.Bender. • 5. Real Property. Among the assets of the residue of Decedent's estate is Decedent's one-half community property interest in the following described real property located in Jefferson County, Washington: 553403 Page 3 of 4 08/041201002:30 PM Parcel A:Lots 2,3,and 4,Block 3 of Mats Mats Beach,as per plat recorded in Volume 3 of Plats on page 21,records of Jefferson County;ALSO Parcel B:A parcel of Tidelands of the second class suitable for the cultivation of oysters,as conveyed by the State of Washington,suitable in front of,adjacent to and abutting upon said parcel A;ALSO Parcel C: The East 352.4 feet of Block 2 of Mats Mats Beach,as per plat recorded in Volume 3 of Plats,page 21,records of Jefferson County,EXCEPT the South 428.3 feet thereof,and EXCEPT portion conveyed to Jefferson County for County road under Auditor's No.241357. Parcel Nos.970800302,970800303,&970800204 . 6. Consideration. This conveyance is made in consideration of Decedent's gift in her Will. 7. Conveyance of Decedent's Half Interest. Grantor conveys,grants,and quitclaims to JOHN F.BENDER an undivided one-half interest in the real propertyydescribed in this Deed (together with all after-acquired title of the Grantor to the real property),which interest represents Decedent's one-half interest in the real property at her death. 8. Confirmation of Surviving Spouse's Half Interest. Grantor also conforms and quitclaims to JOHN F.BENDER an undivided one-half interest in the real property described in this Deed,which interest represents the interest of JOHN F.BENDER as the surviving spouse of Decedent in the community property of Decedent and JOHN F.BENDER at Decedent's death. DATED: ? /'+ 1 0 • Estate of PATRICIA VIOLA BENDER,Deceased By: r A . hn F. Bender,Personal Representative • 553403 Page 4 of 4 081041201002:30 PM STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day personally appeared before me John F.Bender,known or proved to me to be the individual described in and who executed the within and foregoing Personal Representative's Deed,and acknowledged that he/she signed the same as his/her free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal on: YN 3- m f 6' er 4qY W4(4):• Signature 4.1X k., w3TARL �: Printed Name Y � .. pt�St tO ��: NOTARY PUBLIC for Washington � ,r IfF..FRY3;' Residing at: Lam .- �...rf P4.•( Gv.9 WAS 6 My appointment expires on: J• •10%ge 3. p err f f w • {y� TfMWMHCa t��[ ���M���'1' • SServicsa Title Insurance Company THIS t♦Fl1q -gtt'�� j Wie;j .lEir�l�Ti>1tiE COMPAii1� . moo Ion neaolo AT n QueaT or MS8 JAN -7 FM 3 40 (Z.GAEOURY JEFF SON COUNTY AUDITOR a it WIIN ttaaonoeo K1LIM TO • wale—_49th.F....ar m!gr.........._.....__________.................._........................... e.ul...__41n.,.11..1.,__.1:nth..«..._...........__..........»....31236? a JEFFERSON CaurITY mist TAX ' anr.44.0.r..._.. tittle, WA 98155 '..Ark-fit....4/.,2.7.�tt,} itatOry Warranty Deed W 'T ..$.$Q By THIS GRANTOR KATHLEEN MUIR. a single woman now and at all t mss since T, /86 ' farandlnmraidwadonat fulfillment of Real Estate Contract lubidpala.mnvervand.araomte JOHN F. BENDER & PATRICIA VIOLA BENDER. husband and wife so following dearsibed reel a state,tltead in the County of Jefferson ,stataodwas'iagum: PARCEL A: Lots 2, 3, and 4,. 3. f Hats Hats Beach, as per plat recorded in Volume 3 of Plats on Page 21. records of Jefferson County; ALSO. .. PARCEL B: A parcel of Tidelands of the second class suitable for the cultivation of oysters, • as conveyed by the State of Washington, suitate in front of, adjacent to and abutting upon said Parcel A; ALSO PARCEL C: The East 352.4 feet of of Mats Mats Beach, as per plat recorded in Volume 3 of Plats. page 21, recor s o Jefferson County, EXCEPT the South 428.3 feet thereof, and EXCEPT portion conveyed to Jefferson'County for County road under Auditor's No. 241357. All situate in the County of Jefferson, State of Washington. SUBJECT TO conditions. reservations and exceptions as set forth in Bush Act affecting Parcel B. SUBJECT TO mineral reservation as contained in deed dated 3/22/10 and recorded in Volume 69 of Deeds, page 545. 1 : T Ti rights and easements for catmierce, navigation and fisheries. + ' r1 h for 1 s cuts o fills s _rgco dad_under Auditor's No.24135; i l`bf%�4Qrtf a fl s,r114 miac'�dt ,vi4 phase Ime$n�etidass t1 a ands. October 23, .19 BO .and conditioned far the conveyance of the above described property,and the covenants of warrants berate .bat!not apply to any title,interest or enc uebrance arising by,through or under the nureheeer in said contract,and Man not apply to any taws,a.eraments or other charges levied,assessed or becoming due subsequent to the date of said contract. Reference to the aforementioned instruments should be made for full particulars. Red Estate Salm Tax wee mild on this ale on 1116/80 .Rea.No. 42777 Dana...._._J4119ArY.92 ........1988...... . Kathleen Muir STATIC OF WASHINGTON ) STATE OF WASHINGTON COUIrlY of_....King.._._._.--......_. .a COUNTY OF..........._..........._.._..__..»......_ a On this day personally appeared before me biter,me -�ersig�of Notary Public in and for the State d Wuh- Kathl !....._...._........»_...._......_....... ingten,duly commissioned and sworn.personally aPPaand._._...._.. _ . to ma • ?' "; S1 vidual described in and who 1• , - •foregoing instrument, and..........,......_.........._..___.._......_.._............� ..._....._._.._._.._.�... ad *. '('c ° R signed the same to me known to be tht._ .............._.._._President and-__.... ._......_.._Semetny, as • ` Ka 1•' ' Voi,dary act and deed. respectively,et.-- .. . for the �'j��.t�p mein mentioned- the corporation that executed the[outgoing lmqumeot,and acknowledged ` .••it ,Oy4 die said instrument to be the tree and voluntary act and deed at amid corpor- alien,for tba uses and Porpoise therein mentioned,and on oath stated that :.........__.............authorised to execute the said insttvmoent and Stet the awl `�[�IVBN Under my head and oeldal seal.hie aped ie tie corporate seal of said corporation. ` d juar » _,1888: Witness ray hand and andel seal hereto eared the day end year filet r, above written. 1dX _.._.._........».._ Nolan, the State et Wash• Notary Public lw and for the Stated Washington. t�ytea.residing at.—.Seattle—«_._.....__...,ill :remission expires 4/1/89 I „w 250:- 579 _ Jae. 7, 1488 ; • • 545 • ,. . 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As 4.,,,, 4 ®.i.,4-4-,c /.G� Lys �/ q s // ! ` K ,/2.4.eJA....•.4 vy 2.,442 re..••14. i� 4 L.. fret '7t70....••Vey ma a%..•.7 L • l ) ta...4 1.7 ems••-1 w'M.r.ie ,.AA•Q..L.^✓ °A E.44114,....../... � '4.I.c",,1Ax.LL f II.. bm:+t /, i4, 441.4- Z 1.-Gc LL., ,41.44..41 ta....�-mow aila ,i,4.e , o f.....Ce......,.c.�J.4.244 ;,,. / . 1 4a /ma; 4-4-41• w 4-c, 4!14..+..1 1.1; .a..e.eta.a..vyila..../ 44.07 4-r t !!/u t„.4./L4.. .u...t - 21.. ..4.4-0.4, 0 m t.I i 2..z•✓ c�.� y a..,..,�,e .7 r y/0. . n-f ®l/ r &. ' i . !t 1 4-- ":41.,j r &-e7.4....4.4-1 (IN e,s4,-. I i. 1)(F....reze. _ I'. .4A--.24. . 4 ,16.4. fbk„.l 1.h....ea; /421.,.4. 3. G›,,./..c J 76, 7" , . . 241357 QUIT-CLAIM DEED in the matter of flats Nate Bay Road, C.R.P. 1403 The grantor. Marvin and Edythe Tomberlin cSeller) Robert W. Dickerson (Buyer) for the consideration of..-.111E.V.t..Nind red sixty ax and no/100 0..3.§0J.9.9).Doliars and also of benefits to accrue to grantor by reason of laying out and establishing a public road, conveys and quit-claims to Jefferson County,State of Washington,the following described real estate situate in Jefferson County,Washington,viz: A tract of land..... 30 feet wide, being. 30 feet in width on VitillSatehof the following de- scribed center line of the above named road as surveyed 1111341411MIXIAMKSagailli the North boundary of Block 2, Plat of Mate Nate Beach as recorded in Volume 3 of Plata, page 21, records of Jefferson County. The North boundary of said Block 2 is the center line of the road; and the parcel described hereon lies between Engineer's Sta. 20 + 37.3A and Sta. 23 + 91.77 as shown on the Plan for the Mate Mats Say Road, C.R.P. 1403 in the County Engineer's Office, Courthouse, Port Townsend, Washington. C;L:) • vatukLei u.rpxal. —C • ' sfC4/114'4 . 7 4FR al 4 1-Srev-4:e4tj0: 0 (..)\ • 1 87_7/ r•.I.virrt8BP, i't• • '• '•. . . • Said strip containing___Q."2,44....-__acres more or less. ,• The Grantor also grants to Jefferson County the right to construct and maintain necessary cut and fill • slopes,culverts,special ditches,and appurtenances where the same may extend beyond the limits of the land hereby eqnveyed. WITNESSES: "--. . ...._ Pnt .b.dah. acn ey-c--4c- . VOL 84 7; April Et, 1977 I ' . . - • , 1 • ..• • ■ . .: . '' • . I ? ... .. . i (Individual acknoTtedgment terra) STATE OF.-_.:.2•:..:Kk.',.I.,:iraa-.... ' .". t• sa County of • 1- 3. On this day personally appeared before me...... 1 • . .t .•e' . • I.`.I 6-' ' 1- . ' I.. Li , 3 to me known to be the individual_ desiribed in and who executed the within and foregoing instrument aril acknowledged that ' • „ signed the same as ' '...-' _free and voluntary act and deed for the uscs and purposes therein mentioned. ..• . , Given under my hand and official seal this day of_....:-.:1...4._.:....----,111.....f... 4 , _.... ... ...10/ . . ,.....—_,_-... •moo'""" -.... — Notary Public in and for the State of Washington,residing -\."1.•s';....0 '- .."‘.4 :4::`■ . . Zr46.,...et1/41 ;::: , ...,•_, ,,,Iv" (Cerperation a knowl•dgeneat form) '..1.--grYtifitt .t.s: • ' . STATE OF er."'"P'C '14714-/ ) • .-...........•`.• county of S.7-gr".741-C. r 1 .01,01 On this day of , I977,before me personally appeared. — -.4 06,4/ / °(4..,,. 21-.4 e7i.sw.i ---10 be the---,...-::...,,..-,............: - ----------NW--— of the littrporation--- • &St eieintsd the within and foregoing instrument,and acknowledged said instrument to be the tree and vol- *tiny aLi'apd deed of the corporation,for the uses and purposes therearrnentionedTand-orroath each stated ct:- 41iiit,iaiiirmitisprised to execute said Intrurnerit-a act-that-Ore seat--attixed-is-tite-corporata-seal--af--tha -c: - es•c.-,: s - 't i s -3 .1 Whereof I have hereunto set my hand and affixed my official seal the day i and year first .11.4914 rgth:,, .F .s.,:..'..141%...f5,-•...s.' .. .Iti.iii.1411'7 -1 • -,...._,....--- Notary Public In and for the State of Washington,residing at . . '... • - . i ..• • 1•114:a •. I,: Hpj I 1 1 1 i it ti 11: I ii r 1 I v. I g i i 1 : ' • . Z (-) 1 11 j I i 1 g4 • • 4 M ' . ,! 1111011.1111•1111 1 g 1 ' :i 7 1 I i 40 • ---. :: )1 a .1i • ji 1 11,r, 1 i 1 i ! : • ....... . i __.i. .1 v a t I 1 . . J 1 . . °. . h 0 i• QA ! i TO N O' ...... A' • . VOL ii'l 'A,' '.- Aril S, 19'77 , . . • - . . _.f•.-- J JEFFERSON TITLE COMPANY Fo � � ,CC' G�e� CH ROAD / .,� 970800205 970800204 1 k 7L ABUT • q1 BLK 2 A TAX 15 LS R/W BLK 2, TAX 14 z LS R/W 2 � nz N..7 38TLD 76 C Q B OCK u 4 D q 970800305 &_ �1 Zl h 6(S )TLTX V 5 & TL V ABUT V 6' C , p 2 (S1/2)1 14.TX 36 Z h \ ► v IS PTN LOT 7 6 1 ' j,.. 4r MATS _ 1.77 Ch., `�/ lug 100206 /'1 f �- o 8,----- s w(8? C 2, TAX 16 ° 970800201 C i 0 4) �'<, "� BLK 2.(S 426.3' OF .y 4 o g~ E 205') LS TAX 36 fn (1.59 Ch 92�. �( P 8 Y .§.12 L to k TL ABUT r ` GOV O\ p O1m O1' Q 11 do 11 ABUT V 25.2 'sr MATS 12k?LU U (.78 h.) BAYSHORE DRIVE 13 " (2.29 h.) � * 15 CH 16 do T L Q di Ill Cj f ' L'I 17 Nz (1.14 Ch•)�+ V 17 52 P w ? BLOCK 4 Q O16 � TLP (1.12Ch.) I OVE PLACE a ",,!,,c m 19 & TL A2 A2 E7-.) 970600402• /y� �1 13!c TL ABUT �i'F- BLK 4 TAX 37 LS 20 & R A3 O CC Q. Q ♦ TAX 40 A3 CO- P) /'� O 14 & TI. ABUT px 218: TL A4 I\ v E0 A4 �j` 1�) t� . 22 k iL A5 �5 \ 6 • Imo) 1 16 4o'IL ABUT 23 & n ABU, (40.38 ch.) This sketch is provided,without a charge,for your information. It is not Intended to show all matters related to the property including,but not limited to,area,dimensions,easements,encroachments or location of boundaries, It is not a part of nor does it modify,the commitment or policy to which it is attached.The Company assumes NO LiABiLITY for any matter related to this sketch.Reference should be made to an accurate survey for further Information. P.O. Box 256 •2205 Washington Street, Port Townsend, WA 98368 Phone (360)385-2000 FAX (360)385-6967 /, / / (: October , 2013 Dear Reviewer, Sk.e,rrue, pce-- RE: MLA13-00062 Jefferson County has forwarded the attached application to you for review and comment because your agency is responsible for determining compliance with state and federal requirements or may otherwise be affected by the following proposal: Location: 28 Comments must be received within fourteen (14) calendar days or by October, 2013. If no written response has been received within fourteen (14) days, your agency will be presumed to have no comments. If necessary, the UDC administrator may grant an extension of time for comment. Please contact at(360)379-4450 if you desire an extension of time or have additional questions regarding this proposal. Thank you in advance for your attention to this matter. Y Y Sincerely, le)diuttid 4 (./1,vt..A dk____ c: , \\tidemark\data\forms\F_MLT_AppSubstComplt.rpt 10/9/2013 1 ■ 1 ■ \ L 1 I 1\ I' October , 2013 Dear Reviewer, RE: MLA13-00062 Jefferson County has forwarded the attached application to you for review and comment because your agency is responsible for determining compliance with state and federal requirements or may otherwise be affected by the following proposal: Location: Comments must be received within fourteen (14) calendar days or by October , 2013. If no written response has been received within fourteen (14) days, your agency will be pr sumed to have no comments. If necessary, the UDC administrator may grant an extension of time for comment. Please contact at (360)379-4450 if you desire an extension of time or have additional questions regarding this proposal. Thank you in advance for your attention to this matter. Sincerely, c: \\tidemark\data\forms\F_MLT_AppSubstComplt.rpt 10/9/2013 David W. Johnson From: David W. Johnson Sent: Friday, July 19, 2013 12:34 PM To: Justin Wilson Cc: David W. Johnson Subject: Bender Boundary Line Adjustment Justin, I looked through the file but didn't see the title company certificate as required under JCC 18.35.070(7) below: (7)The application shall be.acco," . nied by a cunt(i.e.,within 30 days)title ooI ea y certificationrofthe following: (a)The legal description of the total parcels sought to be adjusted; (b)Those individuals or corporations holding an ownership interest and any security interest(such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporations shall sign and approve the final survey prior to final approval; (c)Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate; (d)Any easements or restrictions affecting the properties to be adjusted with a description of purpose and referenced by the auditor's file number and/or recording number; and (e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American Land Title Association (A.L.T.A.) policy may be required by the director of the department of public works. [Ord. 8-06 § 1] Could you please submit one that is current within 30 days? Thanks! David Wayne Johnson-LEED Green Associate Associate Planner- Port Ludlow Lead Planner Department of Community Development Jefferson County 360.379.4465 LEED GREEN ASSOCIATE Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. 1 18.35.060 Purpose,scope and limitations. (1) Purpose and Scope. The purpose of this article is to provide procedures and criteria for the review and approval of adjustments to boundary lines between platted or unplatted lots, tracts or parcels, or both in order to: (a)Allow the enlargement or merging of lots, tracts or parcels to improve or qualify as a buildable lot or for any other lawful purpose; (b) Rectify defects in legal descriptions; (c)Achieve increased setbacks from property lines or environmentally sensitive areas; (d) Correct situations wherein an established use is located across a lot line; or (e) For other similar purposes. This article is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC. (2) Prohibited Boundary Changes. This article shall not apply to boundary changes that would: (a) Result in the creation of an additional lot, tract, parcel, site within a binding site plan or division as defined in Chapter 18.10 JCC; (b) Result in a lot, tract or parcel or site within a binding site plan that does not qualify as a buildable lot as defined in Chapter 18.10 JCC; (c) Relocate an entire lot, tract or parcel from one parent parcel into another parent parcel; (d)An adjustment adjustment that crosses zoning district boundaries. Adjustments may be allowed across different rural residential densities; (e) Be inconsistent with any restrictions or conditions of approval for a recorded short plat or long plat; or circumvent the short subdivision or long subdivision procedures set forth in this chapter; (f) Separate an accessory dwelling unit from the primary use of the property. (3) Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in all cases be considered a minor adjustment of boundary lines and shall not be subject to the short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not require a survey or soil evaluation. (4)Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to separate lots to another property not included in the original site plan of the subject development. (5) Rectifying legal defects, such as an established use located across a lot line, and the adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered minor adjustments and shall not require a soil evaluation and may be allowed regardless of the size of the resultant parcels. (6)Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary line adjustment process, those lots shall not be permitted to use the boundary line adjustment process again for five years with the exception of lot consolidations, testamentary divisions, civil cases, court orders, rectifying legal defects, or the adjustment of one line between two or more property owners for the purpose of settling a dispute. [Ord. 8-06§ 1] 18.35.070 Application submittal and contents. To be considered complete, applications for boundary line adjustments shall include the following: (1)Applications for boundary line adjustments shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance. (a)A single application may be submitted for multiple BLAs for adjacent parcels, lots, tracts or sites within a binding site plan. However, standard application fee(s) shall apply to each BLA after the first two per additional parcel, lot, tract or site. (b) In instances of lot consolidation, standard application fee(s) shall apply based on the number of resulting parcels or lots; (2)A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC; (3)Three copies of a clean and legible drawing suitable for recording showing the following: (a)The proposed lines for all affected lots, tracts or parcels, indicated by bold solid lines; (b)The existing lot, tract or parcel lines proposed to be changed, indicated by light broken lines; (c)The location and dimensions of all structures/improvements existing upon the affected lots, tracts or parcels and the distance between each such structure/improvement and the proposed boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid lines; (d)A north arrow indication and scale; (e)All assessor's tax parcel numbers for the affected lots, tracts or parcels; (f)The location of the property as to quarter/quarter section; (g)The location and dimensions of any easements within or adjacent to any affected lots, tracts or parcels; (h)The location, right-of-way widths, pavement widths and names of all existing or platted streets or roads, whether public or private, and other public ways within or adjacent to the affected lots, tracts or parcels; (i)The area and dimensions of each lot prior to and following the proposed adjustment; (j)The existing on-site sewage system components and reserve areas and the proposed location for on-site sewage systems and soil test pits for all affected lots that are not currently served by an on-site sewage system or other approved wastewater treatment system; (k)The location of all existing and proposed water and storm drainage facilities; and (I)The approximate location and extent of any environmentally sensitive areas designated under Article VI-D of Chapter 18.15 JCC, including any flood hazard areas lying within the existing or revised parcel boundaries. The following notice will be recorded on the drawing when the parcels that are part of the boundary line adjustment include, or are adjacent to, environmentally sensitive areas(ESA): Notice to Public: Current Jefferson County geographic information systems(GIS)maps identify the presence of an Environmentally Sensitive Area(ESA)such as stream,wetland,flood, landslide hazard,erosion,aquifer recharge area,fish and wildlife habitat, shoreline,etc., lying within and/or adjacent to the revised parcels encompassed by this Boundary Line Adjustment. Prior to any land disturbing activity or construction activity,applicant/owner shall contact the Jefferson County department of community development regarding compliance for such ESAs. Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination is dependent on approvals of water, septic, bulk and dimensional setbacks, and ESA requirements. (4)The original legal description of the entire property together with new separate legal descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing parcel B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include on the face a formal legal declaration of the boundary line adjustment, signed and notarized by all legal owners of the subject properties. In cases where the property has not been surveyed, the following disclaimer shall be recorded on the drawing: DISCLAIMER LANGUAGE FOR BLA STATEMENT OF INTENT:Your request for a Boundary Line Adjustment(BLA)has been approved. Since no survey was submitted as part of your BLA application,the County accepts no liability for what facts a survey might have revealed.A survey might have revealed that a structure or improvement believed to be on the applicant's property is, in fact, located wholly or partially upon someone else's property or upon property that is not the subject of this BLA. But in the absence of a survey,the applicant bears sole responsibility if such a problem arises. (5)A copy of any covenants, conditions and restrictions(CC&Rs), deed restrictions, or planned rural residential development(PRRD)agreements pertaining to or affecting the property; and (6) If an individual septic system is proposed (i.e., as opposed to connection to either a community drainfield or municipal sewer system), the applicant shall provide written verification from the Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain a dwelling. An applicant may choose to apply for a site plan approval advance determination (SPAAD)to fulfill this requirement. In cases where the requirement to provide written verification that the resultant lots can accommodate on- site sewage system from the Jefferson County department of environmental health has been waived, the following notice shall be recorded on the drawing: Notice to Public:Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s).Such determination is dependent on approvals of water,septic, bulk and dimensional setbacks,and ESA requirements. This requirement shall be waived for resultant parcels that: (a)Are larger than 2.5 acres; (b) Have existing residential structures; or (c) Have limited the use of the resultant parcel to agriculture, forestry, or open space through conservation easements, restrictive covenant, or similar legal arrangement. The open space tax program shall not be used to fulfill this requirement; (7)The application shall be accompanied by a current(i.e., within 30 days)title company certification of the following: (a)The legal description of the total parcels sought to be adjusted; (b)Those individuals or corporations holding an ownership interest and any security interest (such as deeds or trust or mortgages) or any other encumbrances affecting the title of said parcels. Such individuals or corporations shall sign and approve the final survey prior to final approval; (c)Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate; (d)Any easements or restrictions affecting the properties to be adjusted with a description of purpose and referenced by the auditor's file number and/or recording number; and (e) If lands are to be dedicated or conveyed to the county as part of the subdivision, an American Land Title Association (A.L.T.A.) policy may be required by the director of the department of public works. [Ord. 8-06 § 1] 18.35.080 Review process and criteria. (1) Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson County assessor. (2) Based on any comments solicited and received from the department of public works, the department of environmental health or other applicable departments and agencies, the administrator shall approve the proposed boundary line adjustment only upon finding that the adjustment would not: (a) Create any additional lot, tract, parcel, site within a binding site plan or division or relocate any lot, tract, parcel, or site within a binding site plan or division to another parent parcel; (b) Result in a lot, tract, parcel, site within a binding site plan or division that contains increased density or insufficient area or dimension to meet the minimum requirements for area and dimension as set forth in Chapter 18.15 JCC and state and local health codes and regulations; (c) Diminish or impair drainage, water supply, existing sewage disposal, and access or easement for vehicles or pedestrians, utilities, and fire protection for any lot, tract, parcel, site (i.e., within an approved binding site plan), or division; (d) Diminish or impair any public or private utility easement or deprive any parcel of access or utilities; (e) Diminish or impair the functions and values of environmentally sensitive areas designated under Article VI-D of Chapter 18.15 JCC, or create an unsafe or hazardous environmental condition; (f) Create unreasonably restrictive or hazardous access to the property; (g) Create a nonconforming lot, tract, or parcel or increase the nonconforming aspects of an existing lot, tract or parcel relative to Chapter 18.15 JCC; (h) Replat or vacate a short plat or long plat, or revise, amend, or violate any of the conditions of approval for any short or long subdivision; or (i) Create a lot, tract, or parcel that crosses zoning district boundaries, with the exception an adjustment across rural residential densities. (3) Following approval by the administrator, a final record of survey document shall be prepared by a licensed land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. The document shall contain a land surveyor's certificate and a recording certificate. The final page of the record of survey document shall contain the following signature blocks: (a)The Jefferson County assessor's office, to be signed by the Jefferson County assessor or his/her designee; and (b)The department of community development, to be signed by the administrator. (4) Upon approval the following statement of intent shall be recorded by the auditor and referenced by auditor file number on the final survey: THIS RECORDING IS FOR THE PURPOSE OF ASSISTING WITH A BOUNDARY LINE ADJUSTMENT PURSUANT TO RCW 58.17.040(6). IT DOES NOT CREATE ANY ADDITIONAL LOTS,TRACTS, PARCELS, OR A DIVISION AS THE LAND DESCRIBED HEREON SHALL MERGE OR BE INTEGRATED INTO ABUTTING PROPERTY PRESENTLY OWNED BY THE PROPONENTS. NOR DOES THE BOUNDARY LINE ADJUSTMENT RESULT IN ANY LOTS, TRACTS, PARCELS OR DIVISION WHICH CONTAIN INSUFFICIENT AREA AND DIMENSION TO MEET MINIMUM COUNTY AND SANITATION REQUIREMENTS FOR WIDTH AND AREA FOR A BUILDING SITE. (5) Pursuant to RCW 86.56.345, current year and any delinquent taxes shall be paid before approval of any boundary line adjustment. (6)Applications for boundary line adjustments shall be processed according to the procedures for Type I land use decisions established in Chapter 18.40 JCC. [Ord. 8-06 § 1] November 1, 2013 BRIAN R BENDER TRUSTEE BRENDA T HUEY TRUSTEE 1743 11TH AVE SAN FRANCISCO CA 94122-4627 RE: SITE ADDRESS: 15 S BAYVIEW DR CASE#: MLA13-00062 Dear BRIAN R BENDER TRUSTEE: The Department of Community Development is in the process of reviewing your application. The following information is needed to continue review of your project. Waiting on BLA Please submit the above information to the Department of Community Development by January 30, 2014. Pursuant to Jefferson County Code (JCC) 18.40.110(3) and (6), if the applicant refuses to submit the additional information or does not request additional time to submit the required information within the ninety(90) calendar day period, the application will be considered abandoned and therefore withdrawn and the applicant shall forfeit the application fee. The Department of Community Development shall not be responsible for notifying the applicant of an impending expiration. Sincerely, Department of Community Development Staff c: File \\tidemark\data\forms\F_MLT_Add I nfo_Requst.rpt 11/1/2013 Wm" 4JEFFER COUNTY • iDEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street•Port Townsend•Washington 98368 A 4. 360/379-4450. 360/379-4451 Fax C„Sp www.co.jefferson.wa.us/commdevelopment Master Permit Application MLA: Project Description(indude separate sheets as necessary): Boundary Line adjustment Tax Parcel Number. 970 800 302, 303, &204 Property Size: 2. 487/108, 330 (acreslsquare fit) Site Address and/or Directions to Property: Intersection of Mats Mats Beach Road & Bayview Drive Mats Mats Bay Property Owners)of Record: Brian R. Bender Are,irk.0, T. 141.1 iv. , Telephone: (415) 699-6200 Fax il:bbender734 @gmail.com Mailing Address: 1743 11th Avenue, San Francisco, CA 94122 Applicant/Agent(if different from owner): Northwestern Territories, Inc. Telephone: (360) 452-8491 Fax (360) 452-8498 email: info @nti4u.com Mailing Add ress: 717 South Peabody Street, Port angeles, WA 98362 What kind of Permit?(Check each box that applies ❑Building ❑Critical Areas Stewardship Plan ❑ Demolition Permit ❑Variance(Minor,Major or Reasonable Economic Use) ❑Single Family ❑Garage Attached I Detached ❑Conditional Use[C(a),C(d),or Cj" ❑ Manufactured Home ❑ Modular ❑Discre'. :, a)" •, , «.:. , i'.11 ❑ Commercial* ❑S. ❑ Change of Use ®Bou . � !.,_..t ❑ Address ❑Road Approach ❑Sho ❑Home Business ❑Cottage industry ❑Bind : Plan"* ❑Propane ❑Lon. I ❑Sign ❑Plan 44 -, tai R�tIal .. . --,-')/Amendments** ❑Allowed"Yes'Use Cons' Analysis rstency lysis ❑Plat :I• /Alteration" ❑Stormwater Management ❑Sho ;fine -- . . --- , .''emtit 'evisions"" ®Site Plan Approval Advance Determination(SPAAD)* ❑Sho -Ins Ma :•• • ?.'§l'6..' 1:f De - ** ❑Temporary Use ❑Sho = ' d F.1...-!;,:,,":''tf i.i:1",:.:OP1IENT ❑Wireless Telecommunication* ❑Comprehensive Plan/UDC/Land Use District Map Amendment ❑Forest Practices Act/Release of Six-Year Moratorium ❑Jefferson County Shoreline Master Program Amendment *May require a Pre-Application Conference ❑Tree Vegetation Request **Requires a Pre-Application Conference Please identify any other local,state or federal permits required for this proposal,if known: DESIGNATION OF AGENT I hereby designateN o r t hwe s t e r n T e r r i t o r i e s to act as my agent in matters relating to this application for permit(s). OWNER SIGNATURE .--) tf' Date: •V/4//-3 By signing this application form,the ownertagent attests that the information provided herein,and in any attachments,is true and coned to the best of his,her or its knowledge. Any material falsehood or any omission of a material fact made by the owner/agent with respect to this application packet may result in this permit being null and void. I further agree to save,indemnity and hold harmless Jefferson County against all liabilities,judgments,court costs,reasonable attorneys fees and expenses which may in any way accrue against Jefferson County as a result of or in consequence of the granting of this permit. I further agree to provide access and right of entry to Jefferson County and its employees,representatives or agents for the sole purpose of application review and any required later inspections. Staffs access and right of entry will be assumed unless the applicant informs the County in writing at the time of the application that or stNe wants ,rior notice Signature: t. 6-0-1-' 0 3 ., / Date: 1./j/ 4t i-3 The action or actions Applicant will undertake as a result of the issuance of is permit may negatively impact upon one or more threatened or endangered species and could lead to a potential"take"of an endangered species as those terms are defined in the federal law known as the "Endangered Species Act"or°ESA."Jefferson County makes no assurances to the applicant that the actions that will be undertaken because this permit has been issued will not violate the ESA. Any individual,group or agency can file a lawsuit on behalf of an endangered species regarding your action(s)even if you are in compliance with the Jefferson County development code.The Applicant acknowledges that he,she or it holds individual and non transferable respon!�s for ad, 'ng to a ing with the .. The Applicant has read this discia' r and and dates it below. Signature: P -,-u� le . ' al J rte, Date: Z /15 G:\PennitCenter\###FORMS###\DRD FORMS\Master Pcmit Application S-29-OS4oc • • CL.A (ogt-i- n °I■ 9, I SL9- () tic , 93-"A\PA- - 3 DEVELOPMENT REVIEW TIME SHEET BRIAN R BENDER TRUSTEE MLA13-00062 Date Time Comments \\tidemark\data\forms\R_MLT_Case_CRMLA.rpt July 01,2013 i UDC CONSISTENCY REVIEW' ' Project Planner: Master#MLA13-00062! Review Type Project Description PRJ13-00203 BOUNDARY LINE ADJUSTMENT 0 SUB13-00003 I BOUNDARY LINE ADJUSTMENT ,-----\ ZON13-00017 I Site Plan Approval Advanced Determination(Parcel X) 64.....`r\ZON13-00018 I Site Plan Approval Advanced Determination for Single-Family � Residential Development (Parcel Y) Primary: BRIAN R BENDER TRUSTEE Site Address: BRENDA T HUEY TRUSTEE S BAYVIEW DR 1743 11TH AVE PORT LUDLOW WA, SAN FRANCISCO CA 94122-4627 Project Location: Parcel number 970 80 302, 970 800 303 &970 800 204, Mats Mats Beach,BLK 2, Tax 14,BLK 3 Lots 2, 3 &4 Located off S Bayview Drive,Port Ludlow 98365 Parcel Number: 970800302 S-T-R: 33-29N-01 E Total Acreage 1 Legal Description MATS MATS BEACH BLK 3, LOTS 2&4 TL TAX Z&Z1 Land Use: 9100 Flood District: Fire District: 3 Planning Area: 7 Flood Map(FIRM)Panel No: •chool D 49 Zoning: g COMP PLAN DESIGNATION: COyMUNITY PLAN: UGA: UGA Trans [ 11 Plot plan states "property line" [ l/r Assessor's Map(Property lines on submitted plot plan must match the property lines as identified on the Assessor's 1/4 map) [,/]' Legal Access to Property YES NO [ t Parcel Tags or Scanned Documents YES No [ ESA's: Special Reports Nearby YES NO [ W Designated Ag YES 0 [ vi Shoreline Designatio O 1 `_% _v� ; �1 [ Shoreline Slope Stabili .VIV NO NW . . Stream Type:YES Fish& Wildlif c Es NO I D -e4 Wetlands: YES NO Rare Plants:YES NO Seismic: YES NO Landslide: Y NO Flood: YES NO Erosion: S NO Aquifer Recharge Area:YES NO SIPZ: none At Risk High Risk Coastal CMZ: none High Risk Moderate Risk Disconnected CMZ Stormwater site plan seed: YesNo [r- Forest Lands: YES O Adjoining Forest Lands: Commercial/ Rural/ Inholding [ Mineral Lands: YES • [ 14 Agricultural Lands: YES 0 [ Archaeology: YES 0 [LA Stormwater: New Impervious Surface Land Disturbing Activity ESA's Stormwater Req's:Min Req#2 Min Req#1 t #5 Min Req#1 thru#10 Engineering [ ICJ' Notice Provisions/Disclosure:Ai sort YES NO MRL YES NO Forest Lands YES NO [ Landscaping Required: Yes (• [ ‘I Parking Spaces Required ,■0 2 Other f (..-1- Buildinw Heinht: 35' UBC Standard [ ✓f Impervious Surface coverage percentage: Resource Lands&Public: 10% Rural Residentia 5% Rural Industrial: Per UDC Sec 6.7 Rural Commercial: 60% Area of Building overage:60%in Rural Industrial Lands only [ t.J' Total Building(s) Size: RVC:20,000 SF CC: 5,000 SF NC:7,500 SF GC: 10,000 SF All others:subject to s is&water constraints/No ecified [ t.]' Setbacks: Front: Left Side: 5 Right Side: Rear: Shoreline Setback: 3 0 LSHA Setback: [ ( ' Road Classification: Road Approach: EXISTING • REQ'D RAP [ L]-' SEPA Required: YES ,XEMPT 1 1/A. [1,1- Flood Certificate: l" / r [ f( Existing Case(s)&Condition(s): Violations: Yes No [ Recorded Date of Subdivision: AFN Over 5yrs=UDC Plat Conditions: <5yrs=Plat Conditions on plat or Old Ordinance [/r' Lots/Require Declaration of Restrictive Covenant YE C�y submitted: YES NO [ rte]— UGA No Protest Agreement YES t ubmitted: YES NO [ t% Site Visit conducted NO [v( Require Final Zoning Approval YES [✓J ADMIN: Setbacks entered in Permit Plan case g, YES New Parcel Tags entered in Permit Plan g YES Special Reports Scanned Scanned& YES (4) c Title Notes Updated Parcel tags found for parcel 970800302 1.) WSRC Coaching - 2013-01-13 3/28/13 CAO FWHCA; Streams; Flood; GeoHaz; CARA Parcel tags found for parcel 970800302 2.) WSRC Coaching - LID 2013-01-13 3/28/13 LID and stormwater Parcel tags found for parcel 970800302 3.) WSRC Coaching - 2013-1-13 4/4/13 SMP Vegetated buffers Parcel tags found for parcel 970800302 4.) WSRC Coaching -LID 2013-03-12 BLA for septic, bioretention,SPAAD 5/9/13 Parcel tags found for parcel 970800302 5.) WSRC Coaching - 2013-01-13 3/28/13 CAO FWHCA; Streams; Flood; GeoHaz; CARA Parcel tags found for parcel 970800302 6.) WSRC Coaching -LID 2013-01-13 3/28/13 LID and stormwater Parcel tags found for parcel 970800302 7.) WSRC Coaching - 2013-1-13 4/4/13 SMP Vegetated buffers Parcel tags found for parcel 970800302 8.) WSRC Coaching -LID 2013-03-12 BLA for septic, bioretention,SPAAD 5/9/13 Parcel tags found for parcel 970800302 9.) WSRC Coaching - 2013-01-13 3/28/13 CAO FWHCA; Streams; Flood; GeoHaz; CARA Parcel tags found for parcel 970800302 10.) WSRC Coaching -LID 2013-01-13 3/28/13 LID and stormwater Parcel tags found for parcel 970800302 11.) WSRC Coaching - 2013-1-13 4/4/13 SMP Vegetated buffers Parcel tags found for parcel 970800302 12.) WSRC Coaching -LID 2013-03-12 BLA for septic, bioretention,SPAAD 5/9/13 Parcel tags found for parcel 970800302 13.) WSRC Coaching - 2013-01-13 3/28/13 CAO FWHCA; Streams; Flood; GeoHaz; CARA Parcel tags found for parcel 970800302 14.) WSRC Coaching -LID 2013-01-13 3/28/13 LID and stormwater Parcel tags found for parcel 970800302 15.) WSRC Coaching - 2013-1-13 4/4/13 SMP Vegetated buffers Parcel tags found for parcel 970800302 16.) WSRC Coaching -LID 2013-03-12 BLA for septic, bioretention,SPAAD 5/9/13 Associated CASES status issued finaled description 970800302 ADR13-00026 P 911 MLA13-00062 PRJ 13-00203 P BOUNDARY LINE ADJUSTMENT SUB13-00003 P BOUNDARY LINE ADJUSTMENT ZON 13-00017 P Site Plan Approval Advanced Determination(Parcel X) ZON 13-00018 P Site Plan Approval Advanced Determination for Single-Family Residential Development (Parcel Y) ADR13-00025 P 911