Banderet 1-25-19.doc
January 2, 2019
John Banderet & Gale Leamons
1047 Puget Dr.
Edmonds, WA. 98020
Case: # COD2018-0231
Subject property: 1047 Puget Dr., Edmonds, WA. 98020
Dear Mr. Banderet & Ms. Leamons,
The City received a complaint regarding possible alterations to the critical area (Northstream Creek) at the subject property. Potential alterations include vegetation removal, creek
flow alterations and water pump irrigation. “Alterations” and other pertinent codes are noted below:
“Alteration” means any human-induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging;
draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging
pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation,
hydrology, wildlife or wildlife habitat value of critical areas.
23.40.040 Jurisdiction – Critical areas.
A. The director shall regulate all uses, activities, and developments within, adjacent to, or likely to affect one or more critical areas, consistent with the best available science
and the provisions herein.
B. Critical areas regulated by this title include:
1. Wetlands as designated in Chapter 23.50 ECDC, Wetlands;
2. Critical aquifer recharge areas as designated in Chapter 23.60 ECDC, Critical Aquifer Recharge Areas;
3. Frequently flooded areas as designated in Chapter 23.70 ECDC, Frequently Flooded Areas;
4. Geologically hazardous areas as designated in Chapter 23.80 ECDC, Geologically Hazardous Areas; and
5. Fish and wildlife habitat conservation areas as designated in Chapter 23.90 ECDC, Fish and Wildlife Habitat Conservation Areas.
C. All areas within the city of Edmonds meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject
to the provisions of this title.
D. Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and regulations to
support the intent of this title and ensure protection of the functions and values of critical areas. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004].
23.40.220 Allowed activities.
8. Select Vegetation Removal Activities. The following vegetation removal activities:
a. The removal of the following vegetation with hand labor and hand tools for the purpose of habitat restoration when the area of work is under 1,500 square feet in area per year:
i. Invasive and noxious weeds;
ii. English ivy (Hedera helix);
iii. Himalayan blackberry (Rubus discolor, R. procerus);
iv. Evergreen blackberry (Rubus laciniatus);
v. Scot’s broom (Cytisus scoparius); and
vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis);
Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits or approval from the appropriate regulatory agencies have been obtained for approved
biological or chemical treatments or other removal techniques. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the
Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species.
For activities intended to protect or restore habitat in wetlands or fish and wildlife habitat conservation areas, vegetation removal under this section may exceed the 1,500 square foot
limitation if:
i. The activity is proposed and managed by a nonprofit or other organization, approved by the city, that has demonstrated expertise and experience in the restoration or invasive removal
activity; and
ii. The project sponsor provides a specific proposal identifying the scope and location of the project, provides for project supervision, and includes a monitoring and inspection schedule
acceptable to the city and approved by the appropriate city department;
b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that:
i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement
trees;
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address
the hazard, trees should be removed or converted to wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal
to other healthy vegetation or unless removal is warranted to improve slope stability;
iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved
restoration plan. 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. Replacement trees shall be species that are native and indigenous to the site and a minimum of one to two inches 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;
v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize
impacts; and
vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or
pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a restoration plan that
demonstrates compliance with the provisions of this title;
c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation
shall be replaced in kind or with similar native species within one year in accordance with an approved restoration plan;
Corrective actions required:
Operating an irrigation pump in the creek would be considered an alteration of the Critical Area and subject to City and State regulation. If a pump is being used, please remove it
and submit a complete application for its use and obtain all approvals before locating in the creek.
Please speak with the Planning division before any actions described above as alterations take place. Because your rear yard is essentially a Critical Area, it may prove valuable to
have a discussion with the Planning Division to familiarize yourself with the approvals necessary for any planned types of development.
Staff is available to meet with you at the site at your convenience.
Please call at 425-771-0220 if you have any questions regarding this letter. I will be out of the office January 4th through January 11th. Feel free to contact Kernen Lien at the
same number while I am out. Thank you in advance for your cooperation and assistance.
Sincerely,
Mike Thies
Code Enforcement
Development Services
Mike.thies@edmondswa.gov
c. Planning – Kernen Lien
January 25, 2019
Dear Mr. Banderet & Ms. Leamons,
The City has received another complaint regarding a pump being used to divert surface water. As noted above, you were requested to cease using a pump on the creek and remove it.
Corrective actions required.
Please contact me at your earliest convenience by January 30, 2019. An Order to Correct Violation Notice will be issued if no contact is made.
Cease using a pump to divert water from the creek and remove any pipes or other apparatus related to the surface water diversion by February 3, 2019 or;
Submit your Certificate of Water Right as issued by the State of Washington.
Please contact me for inspection to confirm the water diversion correction has been completed by February 7, 2019.
Sincerely,
Mike Thies
c. Planning
Storm Water Engineer
Public Works
( Incorporated August 11, 1890 (
Sister City – Hekinan, Japan
DAVID O. EARLING
MAYOR
CITY OF EDMONDS
121 5TH AVENUE NORTH ( EDMONDS, WA 98020 ( 425.771.0220 ( FAX 425.771.0221
Website: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT
Planning ( Building