10-09-16 Letter to Sabine Birlenbach.pdf121 5th AVENUE NORTH e EDMONDS, WA 98020 0 (425) 771-0220 . FAX (425) 771-0221
Website: www.dedmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
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September 16, 2010
Ms. Sabine Birlenbach
22613 — 93`d Place West
Edmonds, WA 98020
MIKE COOPER
MAYOR
Subject: Non -Permitted Tree Cutting at 16520 72nd Avenue West — Tree Cutting Permit Application
Requirements and Notice of Intent to Impose Civil Penalties
Dear Ms. Birlenbach:
I received an email from you on August 9, 2010 containing a restoration plan dated August 5, 2010,
a table of trees dated July 27, 2010, and a site plan. These materials were prepared by Sean Dugan
with Tree Solutions Inc. The restoration plan states that 13 of the approved 26 trees had been pruned
consistent with the City's approval from September 18, 2009, but that 13 of these trees had been cut
inconsistent with the City's approval and that an additional 13 trees that had not been addressed in
your original proposal were also cut. Of these 26 trees that were cut beyond the scope of work
approved by the City, Mr. Dugan states that the majority of these trees did not pose an imminent risk
and that only one of these trees was hazardous.
Since 25 non -hazardous trees were cut beyond the scope of the City's approval from September 18,
2009, a tree cutting permit will be required, and the work will need to be shown to address all
applicable code requirements of ECDC 18.45 and 23.40 through 23.90. Therefore, you will need to
submit a complete tree cutting permit application by October 8, 2010, which must include the
following items:
- Land use application. This form must be signed by the property owner(s).
- Applicant's statement. Please submit a cover letter indicating how the application addresses
all applicable standards, requirements and criteria in the development regulations (ECDC
18.45 and 23.40 through 23.90). [ECDC 20.02.002.E]
- Adjacent property owners list. This project requires public notice including notification of
neighbors within 300 feet of the site. Refer to Handout P2 (enclosed) for directions on
compiling an adjacent property owners list.
- Site plan. The site plan submitted with the report by Tree Solutions Inc. does not include all
of the required elements. Thus, please submit two large format copies and one reduced size
(11" by 17" or smaller), scaled at 1"=30' or larger, showing:
® Location and type of all existing trees and vegetation, what was done to each tree,
what is proposed to be done to each tree (if any further work is required).
® Topography and all critical areas and buffers, including delineation of the stream and
wetland and the minimum required buffers from each.
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Sister City - Hekinan, Japan
• Location of existing structures, driveways and utilities.
• All additional information specified in ECDC 18.45.045.
• Location, size, and species of all replacement trees. (See below. This item may be
provided on a separate site plan).
Arborist report. A report by an ISA certified arborist specifying exactly what was done on
the subject site, including the species of each tree, which trees had their crown reduced
consistent with the approval, which trees were cut beyond the extent of the approval, which
trees are not likely to survive as a result of the action taken, etc. (The report by Tree
Solutions Inc. dated August 5, 2010 can be utilized for this item).
Biologistp. Since the work was conducted within a stream buffer and wetland and
wetland buffer as well as within a mapped fish and wildlife habitat conservation area, a
report by a qualified biologist is required meeting the applicable critical areas requirements
of ECDC 23.40, 23.50, and 23.90. This report must specifically address how the project and
restoration work complies with the review criteria of ECDC 23.40.160. In addition to the
report, your biologist will need to provide delineations of the stream, wetland, and minimum
required buffers from each, which should all be indicated on the site plan as discussed above.
Geotechnical engineer report. Due to the proximity of slopes that are steep enough to be
considered a Landslide Hazard Area to the location of the tree work, a report by a qualified
geotechnical engineer is required meeting the applicable critical areas requirements of ECDC
23.40 and 23.80. This report must specifically address how the project and restoration work
complies with the review criteria of ECDC 23.40.160.
Restoration plan and schedule. A restoration plan produced by a qualified professional
describing replanting and maintenance and addressing the requirements of ECDC 23.40.240,
including a schedule for installation of the replacement trees. A site plan must be provided
indicating where the replacement trees will be located and the size and species of all
replacements (this may be indicated on the same site plan indicating the trees that were cut or
on a separate site plan). Additionally, a cost estimate for the work is required. Replacement
trees may be planted at a different, nearby location if it can be determined that planting in the
same location would create a new hazard or potentially damage the critical area or critical
area buffer. Replacement trees shall be species that are native and indigenous to the site and
a minimum of one inch in diameter at breast height (dbh) for deciduous trees and a minimum
of six feet in height for evergreen trees as measured from the top of the root ball. (The plan
prepared by Tree Solutions Inc. dated August 5, 2010 addresses some of these requirements,
but additional information, including a plan indicating locations of replacement species is
required).
Fee. Since this project is the result of a violation, permit application fees will be assessed at
two times the regular rate resulting in a total fee of $1,155 ($570 tree cutting permit
application fee x 2 = $1,140 + $15 surcharge).
Fine. Pursuant to ECDC 18.45.070(B), any person found to be in violation of the provisions
of ECDC Chapter 18.45 shall be subject to a civil penalty in an amount not to exceed $500
per tree. ECDC 18.45.070(C) and ECDC 23.40.240(E) state that this fine shall be tripled to
$1,500 per tree for unauthorized clearing which occurs within any critical area or critical area
buffer. The report you submitted by Tree Solutions Inc. dated August 5, 2010 specifies that
of the 39 trees that were cut, the crowns were reduced on 13 of these trees consistent with the
City's approval, 1 hazardous tree was cut, 7 trees were cut to stumps, and 18 trees were cut
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beyond the scope of the City's approval. Thus, a total of 25 non -hazardous trees were cut
inconsistent with the City's approval. At $1,500 per tree, this yields a total fine of $37,500.
The $1,500 per tree penalty is separate from any per day penalties that may accrue for failing
to submit a code compliant application to the city by the deadline imposed under this letter,
and the costs for site restoration.
As specified above, a complete application for a tree cutting permit and all associated fees must
be submitted to the City no later than 4:00pm on Friday, October 8, 2010. An Order to
Correct Violation Notice is issued if a complete tree cutting permit application is not submitted
by October 8, 2010. If you would like to meet with me to discuss the submittal items listed
above or any questions you may have on the city's code requirements, feel free to contact me to
set up a time to meet.
If you have any questions, I can be reached by phone at (425) 771-0220, extension 1224, or by email
at Machuga@ci.edmonds.wa.us.
Sincerely,
Development Services Department - Planning Division
Jen Machuga
Planner
Enclosure: Handout P2 — Adjacent Property Owners List
Cc: Mike Thies, Code Enforcement
Stephen and Judee Lea
16520-72 nd Avenue West
Edmonds, WA 98026
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