Loading...
CU-10-79 Staff Report with Attachments.pdfCITY OF EDMONDS 121 - 5TH AVENUE NORTH, EDMONDS, WA 98020 To: Ms. Sabine Birlenbach From. Jennifer Machuga, Associate Planner Late: May 26, 2011 File: PLN20100079 I_A�'T7 ��CiTi1 1. Applicant: Sabine Birlenbach (Attachments 1 and 2) 2. Owners: Stephen and Judee Lea (Attachment 1) 3. Site Location: 16520 — 72nd Avenue West, including parcel numbers 00513100008701 and 00513100008801 (Attachment 3). 4. Request: This is a post -event tree cutting permit application. The applicant obtained permission from the city on September 18, 2009 to reduce the crowns of 26 previously topped trees as a maintenance activity (Attachment 7). However, upon inspection, it was determined that the work conducted far exceeded the definition of routine maintenance and is considered tree cutting, which requires a conditional use permit. Because the site contains and is adjacent to identified critical areas, a restoration plan is required. 5. Review Process: An administrative conditional use permit is a Type 11 decision pursuant to ECDC 20.01.003. Type Il permits are administrative decisions where the Director, or his designee, makes a decision based on standards and clearly identified criteria following a public comment period. 6. Major Issues: a. Compliance with Edmonds Community Development Code (ECDC) Chapter 18.45 - Land Clearing and Tree Cutting. b. Compliance with ECDC Chapter 20.01 — Types of Development Project Permit Applications. c. Compliance with ECDC Chapter 20.110 — Civil Violation — Enforcement Procedure d. Compliance with ECDC Chapters 23.40 through 23.90 — Environmentally Critical Areas. The applicant, Sabine Birlenbach, who owns the property addressed 16510 72" d Avenue West had work performed on a total of 39 trees on the neighboring property addressed 16520 72nd Avenue West. The property on which the work was conducted is Birlenbach Tree Cutting violation File No. PLN20100079 Page 2 of 11 According to the arborist report prepared by Sean Dugan with Tree Solutions hie. and submitted by the applicant with the subject application (Attachment 4), of the 39 total trees that had work performed on them, 13 trees were pruned consistent with the city's original approval of September 18, 2009, 1 hazardous tree was cut, and 25 non -hazardous trees were cut either far below the previous topping or were cut even though they had not been previously topped. Some trees were cut down to stumps, while others were left as tall trunks with few or no branches. The trees cut were a combination of red alders and big leaf maples. The photo above shows the general area prior to the violation. Due to the fact that the subject site contains and is adjacent to several critical areas, including erosion and landslide hazard areas, a stream, a wetland, a mapped fish and wildlife habitat conservation area, and their associated buffers, restrictions apply regarding what vegetation may be removed (see Section 11.13.2). When vegetation is removed from critical areas and/or their buffers, mitigation is required. While tree cutting such as that which was conducted by the applicant would not normally be permitted, the conditional use permit process is being used to implement the mitigation plan and to mitigate for the impact of the unpermitted activity. Fines for the tree cutting violation are being assessed through a Notice of Violation and Monetary Fine issued the same day as this report. °"MRi �h �1 Et ' `� i.' 1 �• Y .9 , ,P . �1 c A . , 'f ;!i 1. Facts: a. The two parcels owned by Mr. and Mrs. Lea that comprise 16520 72nd Avenue West (parcel numbers 00513100008701 and 00513100008801) total approximately 1.9 acres Birlenbach Tree Cutting Violation File No. PLN20100079 Page 3 of I 1 in size. The majority of the tree cutting was conducted throughout the vacant, eastern parcel (parcel number 00513100008701). Approximately four trees were cut near the eastern side of the western parcel, which contains the residence (parcel number 00513100008801). The locations of the subject trees as depicted on the map prepared by Western Resources (last page of Attachment 5). Descriptions of the work done to each tree are provided in the "Table of Trees" prepared by Tree Solutions Inc. and included within the Tree Cutting and Restoration Plan (Attachment 4). b. The subject site is located within the Single -Family Residential, RS -20, zone. Like the subject site, the surrounding area is similarly zoned and developed with single-family residences (Attachment 3). The subject site contains and/or is adjacent to a stream, wetland, mapped fish and wildlife habitat conservation area, and slopes in excess of 40% (erosion hazard and landslide hazard areas), which was confirmed through the review of a critical areas checklist and site visit conducted under File No. CRA20090074. These critical areas are described in greater detail in the professional reports provided by the applicant (Attachments 4, 5, and 6), and further analysis is contained within Section II.13.2 of this report. B. Edmonds Community Development Code (ECDC) Compliance 1. ECDC Section 18.45 (Land Clearing and Tree Cutting) a. Facts: 1) ECDC Section 18.45.030 exempts clearing on an improved single-family lot, except for that portion of the lot that is located in a designated environmentally sensitive area or for that portion of the lot that is located within 25 feet of any stream or wetland or that has slopes exceeding 25 percent. Routine landscape maintenance (i.e., tree trimming and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property) and gardening are also exempt. 2) The trees that were cut were located within designated environmentally sensitive areas as discussed above and as determined through the critical areas determination for the property (CRA20090074), and many were within 25 feet of the stream and wetland and/or on slopes exceeding 25 percent. 3) Some of the purposes of the land clearing and tree cutting code listed in ECDC 18.45.000 include: a) To promote the public health, safety, and general welfare of the citizens of Edmonds by preserving the physical and aesthetic character of the city through the prevention of indiscriminate removal or destruction of trees and ground cover on improved or partially improved property. b) To implement and further the goals and policies of the city's comprehensive plan in regard to the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watershed, and economics. c) To aid in the stabilization of soil, and to minimize erosion and sedimentation. d) To preserve and enhance wildlife and habitat including streams, riparian corridors, wetlands and groves of trees. Birlenbach Tree Cutting Violation File No. PL.N20100079 Page 4 of 11 4) ECDC 18.45.050.13 states that "trees shall be retained to the maximum extent feasible." 5) ECDC 18.45.070 gives the city the authority to impose fines for tree cutting violations. This code section was updated under Ordinance No. 3828 effective on December 19, 2010, which was following the cutting conducted by the applicant. The new fine amounts in Ordinance No. 3828 do not apply retroactively to violations that preceded the adoption of that ordinance. Thus, fines are being imposed under Ordinance No. 3646. Ordinance No. 3646 specified that fines shall be assessed at a maximum rate of $1,000 per day and/or $500 per tree, which shall be tripled to a maximum of $3,000 per day and/or $1,500 per tree for unauthorized clearing within a critical area or critical area buffer. 6) ECDC 18.45.075 gives the City the authority to require the replacement of trees of up to three trees for each tree removed. 7) ECDC 18.45.065 requires applicants to post a performance bond covering the cost of any proposed revegetation. b. Conclusions: 1) The photos to the right indicate that the trees were cut in a manner that far exceeds that of routine maintenance. As a result, a permit is required, not only because the work was not routine maintenance, but also because the trees were located in an environmentally sensitive area. 2) The photos to the right also indicate that the cut portions of the trees were left piled up on the ground so that much of the cut debris is not in contact with the ground surface. 3) Replacement of the trees that were cut is required to replace the lost cover and habitat over time. 4) A performance bond must be posted to ensure that the replacement trees get established and mitigation is successful. Birlenbach Tree Cutting Violation File No. PLN20100079 Page 5 of 11 5) Fines associated with the unpermitted tree cutting are being assessed through a Notice of Violation and Monetary Fine issued the same day as this report. 2. ECDC Sections 23.40 through 23.90 (Environmentally Critical Areas) a. Facts: 1) As identified in CRA20090074, the subject parcels contain and/or are adjacent to a stream, wetland, mapped fish and wildlife habitat conservation area, and slopes of greater than 40%, which indicates the presence of both erosion and landslide hazard areas. The regulations related to these critical areas are contained within ECDC 23.40 through 23.90. Generally, vegetation in critical areas and/or their associated buffers is to be retained; however, select vegetation may be removed per ECDC 23.40.220.C.7, and trees may be removed if they are hazardous, pose a threat to public safety, or pose an imminent risk of damage to private property. 2) The trees that were cut are not included in the list of species allowed for vegetation removal within critical areas identified in ECDC 23.40.220.C.7.a, nor did they appear to pose a threat to private property or public safety. One tree was identified by Tree Solutions Inc. as having been hazardous (Attachment 4). 3) If trees are removed from critical areas, ECDC 23.40.220.C.7.b.iv states: The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (two to one) 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 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. 4) Pursuant to ECDC 23.40.160, any alteration to a critical area, unless otherwise provided for in Title 23, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria: a) The proposal minimizes the impact on critical areas in accordance with ECDC 23.40.120, Mitigation sequencing; b) The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; c) The proposal is consistent with the general purposes of this title and the public interest; d) Any alterations permitted to the critical area are mitigated in accordance with ECDC 23.40.110, Mitigation requirements; e) The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and J) The proposal is consistent with other applicable regulations and standards. Birlenbach Tree Cutting Violation File No. PLN20100079 Page 6 of 1 I 5) The applicant submitted a Tree Cutting and Restoration Plan by Tree Solutions Inc., dated August 5, 2010 (Attachment 4). This report addresses the numbers and conditions of the trees that were cut, and states that of the 39 total trees that had work performed on them, 13 had maintenance work performed consistently with the city's approval of September 18, 2009 and 26 were cut beyond the scope of the allowed maintenance work. One of these trees was determined to be hazardous. Thus, 25 non -hazardous trees were cut further than what would be considered routine maintenance. This report provides recommendations on restoration of the site, recommendations for preparation of the site prior to the restoration work, and monitoring of the site following the restoration work. 6) The applicant submitted a Critical Area Study and Tree Restoration Plan prepared by Wetland Resources, Inc., dated December 14, 2010 (Attachment 5). This report states that a Category 3 wetland and a Type Np stream are present on and adjacent to the site. Pursuant to ECDC 23.50.040.F. Le and 23.90.040.D. Le, both of these critical areas require a 50 -foot buffer. As shown in the map on the last page of the report by Wetland Resources, Inc., all of the trees that were cut were located either within the wetland itself or within the minimum required 50 -foot buffer from the wetland, and many of these trees were also located within the minimum required 50 -foot buffer from the stream. This report provides recommendations on restoration of the site and monitoring of the restoration work. 7) The applicant submitted a Slope Stability Letter by Nelson Geotechnical Associates, Inc., dated December 23, 2010 (Attachment 6). This letter states that the tree cutting work does not appear to have adversely impacted the stability of the slopes within the vicinity of the work and that the proposed restoration work will be in compliance with the applicable geotechnical requirements of ECDC 23.40 and 23.80. The report provides guidance on erosion control to be utilized during the restoration work, including the need to remove the cut debris from the slopes and place this debris so that it is in contact with the ground. The report also specifies that Nelson Geotechnical Associates, Inc. should be retained to observe site conditions after the restoration work has been completed. b. Conclusions: 1) The arborist's report indicates that only one of the trees that were cut was hazardous and that 25 non -hazardous trees were cut beyond the scope of the city's September 18, 2009 approval. 2) Stumps of the cut trees should not be removed, as they provide slope stabilization and erosion control for the site. Additionally, the taller trunks that were left with few or no branches should not be cut lower nor removed, as they will serve as wildlife snags. 3) The replacement trees should be located in areas that do not require removal of more ground vegetation than necessary for the replacements to become established. 4) ECDC 23.40.220.C.7.b.iv states that replacement trees shall be planted within one year of removal; however, it has already been more than one year since the date of the tree cutting. Thus, the applicant will be provided with one year from the date of the application submittal to complete the restoration work. Therefore, the restoration work must be completed by December 30, 2011. Birlenbach Tree Cutting Violation File No. PLN20100079 Page 7 of 1 I 5) Replacement trees shall be of the minimum size indicated in ECDC 23.40.220.C.7.b.iv. 6) All debris from the tree cutting activity should be left in contact with the ground on the flatter portions of the site in order to facilitate the decay process and to avoid any potential negative impacts to slope stability, as directed in the letter by Nelson Geotechnical Associates, Inc. (Attachment 6). 7) The Wetland Resources, Inc. report (Attachment 5) suggests slightly lower replacement ratios than the report by Tree Solutions Inc. (Attachment 4), and both reports suggest different replacement species. The replacement ratio suggested within the Wetland Resources, Inc. report of two -to -one may be followed since this is consistent with the critical areas requirements of ECDC 23.40.220.C.7.b; however, replacement of the one hazardous tree is required, which was not addressed within the Wetland Resources, Inc. report. With a total of 26 trees cut (including 25 non -hazardous trees and one hazardous tree), this yields a total number of replacement trees of 52. 8) The critical areas code does not specify what species replacement trees should be; however, it does specify that replacements shall be native and indigenous to the site. Since the desire for the initially proposed crown reduction work was due to an existing view covenant, it is noted that tall -growing trees should not be planted on the higher portions of the site where they may cause view issues in the future, as the city does not enforce private covenants and will not allow future cutting of the replacement trees simply for the benefit of a view. The replacement species, however, should be a combination of large and small trees since this will increase habitat diversity. All of the replacement trees suggested in the Wetland Resources, Inc. report are large trees, and the report by Tree Solutions Inc. suggests a few large trees and several smaller trees. As suggested in both reports, diversity to the habitat in this location is important, which can be achieved through planting a variety of tree species that are appropriate for planting within a wetland and wetland buffer in addition to within a stream buffer and on steep slopes. In order to help avoid view issues in the future, staff has determined that it is appropriate for 75 percent of the replacement trees (39 of the total 52 trees to be planted) to be of the small species listed in the Tree Solutions Inc. report and 25 percent of the trees (13 of the 52 trees to be planted) to be of the large species listed in either the Tree Solutions Inc. report and/or the Wetland Resources, Inc. report. Additionally, in order to provide greater species diversity, the applicant shall select a minimum of four different species of small trees from the Tree Solutions Inc. report and a minimum of three different species of the large trees from either the Tree Solutions Inc. report and/or the Wetland Resources, Inc. report. 9) Replacement trees must be consistent with the size requirements of ECDC 23.40.220.C.7.b, which requires the replacement trees to be 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. C. Edmonds Comprehensive Plan Compliance 1. Facts: a. The City of Edmonds Comprehensive Plan designates the subject property and those within the vicinity as "Single Family — Resource". Birlenbach Tree Cutting Violation File No. PLN20100079 Page 8 of 1 I b. The Comprehensive Plan has the following stated goals and policies for Residential Development and development within areas of sensitive soils and topography which apply to this project: Soils and Topography C. Goal. Development on steep slopes or hazardous soil conditions should preserve the natural features of the site, in accordance with the following policies: C.3. Erosion Control. C.3.a. Temporary measures shall be taken to reduce erosion during construction. C. 3. b. Natural vegetation should be preserved wherever possible to reduce erosion and stabilize slopes, particularly on the downhill property line. C.3.c. Slopes should be stabilized with deep rooted vegetation and mulch, or other materials to prevent erosion and siltation of drainage ways. Vegetation and Wildlife B. Goal. The city should ensure that its woodlands, marshes and other areas containing natural vegetation are preserved, in accordance with the following policies: B.1. Critical areas will be designated and protected using the best available science pursuant to RCW 36.70A.172. B.2. The removal of trees should be minimized particularly when they are located on steep slopes or hazardous soils. Subdivision layouts, buildings and roads should be designed so that existing trees are preserved. B.3. Trees that are diseased, damaged, or unstable should be removed. B.4. Grading should be restricted to building pads and roads only. Vegetation outside these areas should be preserved. 2. Conclusion: a. While the vegetation that was removed should have remained, the proposed conditions and required restoration will ensure the permit is consistent with the policies of the Comprehensive Plan. A Technical Committee The proposal has been evaluated by the Engineering Division, Public Works Department, Parks and Recreation Department, and Snohomish County Fire District No. 1. The Engineering Division noted that all requirements of the Nelson Geotechnical Associates report dated December 23, 2010 (Attachment 6) and any subsequent report requirements must be met (Attachment 9). This has been added as a condition of approval. The Public Works Department had no comments (Attachment 10). The Parks and Recreation Department recommended that the area is properly revegetated with native trees and shrubs to protect the stream, wetland, and wildlife area (Attachment 11). Fire District No. 1 had no comments (Attachment 12). Birlenbach Tree Cutting Violation File No. PLN20100079 Page 9 of 11 E. Public Comment ECDC 20.03 provides the City's regulations for public notice of development applications. A "Notice of Development Application and Comment Period" dated February 10, 2011 with a comment period running through February 25, 2011 was posted at the subject site, Public Safety Complex, Development Services Department, and Library on February 10, 2011 (Attachment 13). The notice was mailed to residents within 300 feet of the subject site using a mailing list provided by the applicant (Attachment 14) and published in the Herald Newspaper on February 10, 2011. A declaration of mailing is provided as Attachment 15 and an affidavit of publication is provided as Attachment 16. No letters of public comment were received during review of the subject application. "Inglow"MIX11 Based on statements of fact, conclusions, and attachments in this report, the application for a Conditional Use Permit for tree cutting at 16520 72nd Ave. W is GRANTED, subject to the following conditions: 1. The applicant shall pay monetary penalties for the 25 non -hazardous trees that were cut beyond the scope of the approved crown reduction work in accordance with the Notice of Violation and Monetary Fine issued to the applicant on the same day as this permit. 2. A total of 52 replacement trees shall be planted within the immediate vicinity of the trees that were cut. Replacement trees shall be 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. 39 of the replacement trees shall be selected from the list of small tree species provided in the Tree Solutions Inc. report, with a minimum of four different species being utilized from this list. 13 of the replacement trees shall be selected from the list of large tree species provided in the Tree Solutions Inc. report and/or the Wetland Resources, Inc. report, with a minimum of three different species being utilized from these lists. Spacing of the replacement trees should follow the recommendations of the report by Tree Solutions Inc. 3. This approval does not include approval for the cutting of any of the remaining trees on site. All standing portions of the cut trees shall remain on site to serve as wildlife snags. None of the stumps of the cut trees shall be removed from the ground. 4. The applicant shall post a performance bond in the amount covering the redistribution of the cut material off of the slopes and the cost of the required replanting, including all materials and labor. As part of this bond, a cost estimate for all materials and labor associated with the mitigation work shall be submitted in order to verify the amount of the bond. The performance bond shall be posted by June 30, 2011.. 5. Prior to planting the replacement trees, all debris shall be removed from the steep slopes and repositioned onto the flatter areas below the slopes in a manner consistent with the direction provided by the reports by Tree Solutions Inc., Wetland Resources, Inc., and Nelson Geotechnical Associates, Inc. This debris shall be cut up so that it is all in direct contact with the ground. 6. If any of the 13 trees that were pruned consistent with the city's approval of September 18, 2009 dies within three years, the dead trees shall be replaced at a two -to -one ratio. Birlenbach Tree Cutting Violation File No. PLN20100079 Page 10 of 11 7. Follow the recommendations of the report by Tree Solutions Inc. regarding supplemental temporary irrigation to be provided for the replacement trees. The tree replacement and mitigation work must be completed no later than December 30, 2011. Within two weeks following the completion of the mitigation work, provide the Planning Division with letters by Nelson Geotechnical Associates, Wetland Resources, and Tree Solutions or another qualified geotechnical engineer, biologist, and arborist specifying whether the mitigation work done was consistent with the recommendations of their reports combined with the conditions of the city's approval. If any of these professionals indicate that additional work is needed to comply with the city's conditions of approval, that work shall be conducted and a subsequent letter provided by the professional(s) to show compliance. 9. All requirements of the Nelson Geotechnical Associates report dated December 23, 2010 and any subsequent report requirements must be met. 10. The following erosion control practices shall be implemented: a. All planting and redistribution of the previously cut material must be done by hand using hand tools. Use of machinery is not allowed. b. Excavate the minimum area necessary to plant each replacement tree. c. Applicable best management practices found in ECDC 18.30 shall be employed. d. Backfill with as much native soil material as possible. e. Place 4 inches of hog fuel mulch in plant pits. 11. Once the trees have been replanted consistent with these conditions of approval, a maintenance bond shall be required to ensure the maintenance of the replacement trees and a survivability of a minimum of 80 percent at three years after replanting. The amount of the maintenance bond is calculated as 15 percent of the original performance bond amount. The maintenance bond must be in place before the performance bond will be released. 12. Three years from the date of final installation of the new vegetation, the applicant (or her designee) shall submit a letter by a qualified professional confirming that the above survivability target of 80 percent has been met. Additionally, the applicant must contact the Planning Division to schedule a final site inspection to ensure compliance with the approved replacement and maintenance plan. If the inspection determines the replanting to be in compliance with the approved replacement plan, the maintenance bond will be released. 13. Any future tree cutting and/or vegetation removal proposed on the site is subject to the codes and regulations in place at the time of the proposed work. The property owner shall contact the Planning Division to discuss applicable requirements and/or permits necessary for any work proposed in the future. IV. APPEAL. A party of record may submit a written appeal of a Type H decision within 14 days of the date of issuance of the decision. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. Birlenbach Tree Cutting Violation File No. PLN20100079 Page 11 of 11 V. ATTACHMENTS 1. Land Use Application 2. Applicant's statement 3. Zoning and Vicinity Map 4. Tree Cutting and Restoration Plan by Tree Solutions Inc. 5. Critical Area Study and Tree Restoration Plan by Wetland Resources, Inc. 6. Slope Stability Letter by Nelson Geotechnical Associates, Inc. 7. Letter approving tree maintenance, dated September 18, 2009 8. Letter informing applicant of violation, dated May 13, 2010 9. Engineering Division Comments 10. Public Works Department Comments 11. Parks and Recreation Department Comments 12. Snohomish County Fire District No. 1 Comments 13. Declaration of Posting 14. Adjacent Property Owners List 15. Declaration of Mailing 16. Affidavit of Publication 0 : 1 Ms. Sabine Birlenbach Planning Division 22613 — 93rd Pl. W Edmonds, WA 98020 Engineering Division Stephen and Judee Lea 16520-72 nd Ave. W Edmonds, WA 98026 ✓1 ?I r- City of Edmonds Land Use Application �l ❑ ARCHITECTURAL DESIGN REVIEW • ' • • ❑ COMPREHENSIVE PLAN AMENDMENT 7 ' ❑ CONDITIONAL USE PERMIT FILE4AN'01000-79 ZONE ❑ HOME OCCUPATION n t _REC'D BY ❑ FORMAL SUBDIVISION LDATE Z 3o w ❑ SHORT SUBDIVISION A FEE Il �1 - 100 RECEIPT # � � ' 1 ❑ LOT LINE ADJUSTMENT e' HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE �"TAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT DEC 2010 El VARIANCE / REASONABLE USE EXCEPTION Gti ❑ OTHER: DEVELOPMENT SERVICE& + yg COUNTER PROPERTY PROPERTY ADDRESS OR LOCATION t Z- (i PROJECT NAME (IF APPPLICABLE) PROPERTYOWNER S*e"J1e-rJ �-i St -de --e- LPC! PHONE# �1v2S- ADDRESS S ( US2-o a77 Li ci (.tiw. iA1 ['ibY1 i'n Ul lt't Q o z Ce E -MAID )a rrner i4l ? rlD+M11411 h C 0 rrN FAx # --d-- TAX ACCOUNT # V C7 CJ l")l 0 000 u` Di SEC. TWP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) 4 r,e- t C i, 44 r-Nq = r mi -4 - DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) APPLICANT 4b j fV 6 i r F n ba(h PHONE # Ll 1 S g ADDRESS a I s el 3,'-c% A /L) Cd2 ex iq�—) E-MAIL -S ��� �Ecn cS. a FAX# CONTACT PERSON/AGENT PHONE # ADDRESS E-MAIL FAx # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on the behalf of the owners as listed below. SIGNATURE OF APPLICANT/AGENTJ--c-�e DATE Property O vner's Authorization I, lu�i�� L-teL-" , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and posting attendant to this application. SIGNATURE OF OWNER DATE This cation form was revised on 9/14/10. Questions? Call (425) 771-0220. Revised on 9/14/10 B- Land Use Application Page I of] Attachment 1 December 29, 2010 Jen Machuga Planner City of Edmonds 1215th Avenue N. Edmonds, WA 98020 Re: Tree Cutting at 16520 72nd Avenue West Dear Ms. Machuga: Per your request, please find enclosed a City of Edmonds Land Use Application, check for $1,115, an Adjacent Property Owner List, report from Wetland Resources (Wildlife Biologist), and report from Nelson Geotechnical Associates, Inc. (Geotechnical engineers). A copy of the previously submitted Tree Solutions (arborist) report is also included. These reports address the requirements in the development regulations (ECDC 18.45 and 23.40 through 23.90. (ECDC 20.02.002.E). The restoration plan outlined in the Wetland Resources report should satisfy the city's requirements for replanting. Please contact me with any questions. Sincerely, Sabine Birlenbach Attachment 2 I "R'S" 20" I, - "I"", Ag ... .. ...... Tl - All, '1,04 3w;- .;,i iii "R'S" 20" I, - "I"", Ag ... .. ...... Tl - All, '1,04 3w;- .;,i Tree Solutions nc Consulting Arborists TO: Sabine Birlenbach (Applicant) 22613 — 93'd Place West Edmonds, WA. 98020= g (425) 776-5389 I iLVEL01=SPK i SEH) COUNTER JOB SITE: 1652072 nd Ave. W. Edmonds WA. 98026 REGARDING: Tree Cutting and Restoration Plan FROM: Sean Dugan, Registered Consulting Arborist #457, Certified Arborist # 5459A, Certified Tree Risk Assessor #0149 DATE: August 5, 2010 Contents Summary Assignment & Scope of Report Methods Observations Discussion Recommendations Glossary References Appendix A - Assumptions & Limiting Conditions Appendix B - Photographs Attachments: Table of Trees Site Plan 1058 North 39t" Street Seattle, WA 98103 Phone 206.528.4670 - Fax 206.547.5873 www.treesol utions. net Attachment 4 Birlenbach Tree Pruning Response August 5, 2010 p.2 of 15 Summary I assessed 39 trees that were cut during the 2010 pruning event. Thirteen (13) of the 39 trees pruned appeared to have been pruned in a manner consistent with the City -approved plan. However, only 26 trees were included in this approved plan. The remaining 13 trees included in the plan and an additional 13 trees had pruning inconsistent with the City -approved plan. Six trees presented elevated risk potential levels. One of these appears to have been excessively pruned to reduce the risk. Four trees may not survive the excessive pruning but are still currently alive. One tree, and a part of another, were dead prior to the recent pruning event. Both trees were cut to short stumps, which was not part of the City -approved plan. Six other trees were cut to short stumps, which was not part of the approved plan. The City requires a restoration plan be implemented that is consistent with the Edmonds Community Development Code. Fifty-nine (59) trees are required to be planted within one year for site mitigation. Twenty-one (21) native and indigenous replacement trees must be a minimum of three inches in caliper to replace trees that were removed. The remaining 38 replacement trees shall be native and indigenous to this area, and a minimum of one inch in diameter at standard height for deciduous trees, or six feet in height for evergreens, measured at the top of the root ball. Assignment & Scope of Report This report outlines the site inspection by Sean Dugan of Tree Solutions Inc. on July 27, 2010. 1 was asked to review documents sent by the City of Edmonds to Ms. Birlenbach dated May 13, 2010 and July 15, 2010. 1 was asked to visit the site at 16520 72nd Ave. W and collect data to provide a response to the City for review in determining if all applicable requirements of the ECDC 18.45 and 23.40 through 23.90 have been met or will need to be satisfied. Sabine Birlenbach, owner of the property, requested these services to use in the endeavor of obtaining the appropriate permits from the City of Edmonds and to guide mitigation of the site. Limits of Assignment Unless stated otherwise: 1) information contained in this report covers only those trees that were examined and reflects the condition of those trees at the time of inspection; and 2) the inspection is limited to visual examination of the subject trees without dissection, excavation, probing, climbing, or coring unless explicitly specified. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the subject trees may not arise in the future. Additional assumptions and limiting conditions can be found in Appendix A. 1058 North 39"' Street Seattle, WA 98103 Phone 206.528.4670 • Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 p.3 of 15 Methods I evaluated tree health and structure utilizing visual tree assessment (VTA) methods. The basis behind VTA is the identification of symptoms, which the tree produces in reaction to a weak spot or area of mechanical stress. A tree reacts to mechanical and physiological stresses by growing more vigorously to re -enforce weak areas, while depriving less stressed parts. An understanding of the uniform stress allows me to make informed judgments about the condition of a tree. (Mattheck & Breloer 1994) Photographs taken during the site inspection can be found in Appendix B — Photographs. Information specific to each tree assessed can be found in the attached Table of Trees. A Site Plan showing the location of existing trees is attached to this report. Observations Document Review I reviewed the documents sent to Ms. Birlenbach by the City of Edmonds and found the following: Specific items requested by the City in the May document include: • A report specifying exactly what was done on the subject site, including o species of each tree o trees that were cut consistent with the approval o trees that were cut beyond the extent of the approval o trees that are not likely to survive the result of the action taken Specific items requested by the City in the July document include: • Identifying trees that may have been dead or hazardous, and trees which were not. • Address requirements of ECDC 23.40.220(C)(7)(b) for hazardous trees, including a restoration plan indicating a replacement at a ratio of two to one. • A tree cutting permit will be required for those trees that are not hazards that were cut beyond the approved actions, with the work addressing all applicable requirements of 18.45 and 23.40 through 23.90. Discussion Site Work Completed I assessed 39 trees that were cut during the 2010 pruning event. Tree species can be found on the attached Table of Trees. Thirteen (13) of the 39 trees appeared to have been pruned near the location of the previous top cut (see Appendix B — Photograph 1). In several cases the pruning occurred near the old location, within four to five feet below. The pruning below the old wound was possibly due to the extent of decay in the trunk above that point and the need for worker safety. In my opinion, the pruning of these trees can be considered consistent with the intentions of the plan that was submitted to and approved by the City. 1058 North 39t" Street Seattle, WA 98103 Phone 206.528,4670 - Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 p.4 of 15 In the remaining 26 trees, I found actions completed that made the pruning inconsistent with the City -approved plan. Trees were cut substantially lower than necessary, with limited or no indication of decay in the cut trunks (see Appendix B — Photographs 2 and 3). Tree parts were removed below the approved location (see Appendix B — Photograph 4). Four trees, 10, 16, 17 and 36, may not survive as a result of the action taken, but are still currently living. Trees that possibly had an elevated risk potential that pruning has reduced include trees 9, 18, 31, 32, 33, and 34. Of these, tree 18 may have had pruning that was excessive to reduce the risk. Tree 9 may not have been safe to climb due to decay and was cut down. The remaining 33 trees did not have a contribution of factors (size, target, probability of failure) to be considered an imminent risk. Tree 36 had a portion that was dead and tree 39 was a standing snag. Both trees were cut to stumps. Neither tree presented an imminent risk level. These trees should have been left standing to be consistent with the approved plan. The quantity of specific species removed in the 2010 event was not consistent with the approved plan. In Appendix B —Photograph 5, three maple trees are shown to have been pruned where the approved plan only indicates two would be pruned. The approved plan indicates that debris created during the pruning event should be left in contact with the ground in order to facilitate the decay process. The site conditions seen in Appendix B — Photographs 6 and 7 show pruned material several feet off the ground and caught up in adjacent trees. Restoration Plan Step 1. Preparing the Planting Site The site needs to be prepared by first cutting up the debris that is not in contact with the ground and placing it in contact with the soil. This will allow safe access onto the site for anyone working on the restoration efforts. The site should be monitored after severe rain events to determine if surface water running along the edge of the site is causing any erosion. This may occur since there is now limited canopy intercepting the rain energy prior to hitting the ground. If erosion is observed, a geo- coir log can be placed at the edge along the disturbance area and the road to reduce or slow the movement of water. These logs should be staked in place to prevent their movement. 1058 North 39t" Street Seattle, WA 98103 Phone 206.528.4670 - Fax 206.547.5873 www.treesol utions. net Birlenbach Tree Pruning Response August 5, 2010 p.5 of 15 Step 2. Planting Plan Tree replacement ratios for each tree are indicated in the attached Table of Trees. Trees that were pruned appropriately as part of the approved tree pruning plan do not require additional trees to be planted as part of mitigation of the site unless, as discussed in the City approved plan, they die within a three year period following the pruning event. If an appropriately pruned tree dies within three years, it is to be replaced at a 1:1 ratio with a native and indigenous tree measuring one inch in diameter at standard height (DSM = 4 and %Z feet above grade) for deciduous trees, or six feet in height for evergreens, measured at the top of the root ball. For each hazard tree that was removed, two replacement trees need to be planted within one year in accordance with an approved restoration plan (ECDC 23.40.220 (7)(b)(iv). Replacement trees shall be native and indigenous to this area and a minimum of one inch in DSH for deciduous trees or six feet in height for evergreens, measured at the top of the root ball. One hazard tree was removed, for a total of 2 replacements. For each tree that was removed, a replacement planting of three trees is required, as per 18.45.075 (2). The trees must be planted within one year in the immediate vicinity to those that were removed. Replacement trees shall be a minimum of three inches in caliper. Seven trees were removed to a stump, for a total of 21 replacement trees. For each tree pruned beyond the level specified in the City -approved plan, two replacement trees need to be planted within one year in accordance with an approved restoration plan. Replacement trees shall be native and indigenous to this area and a minimum of one inch in DSH for deciduous trees, or six feet in height for evergreens, measured at the top of the root ball. 18 trees were pruned beyond the level in the City -approved plan, for a total of 36 replacement trees. New plantings are best done in the late fall or spring so that the new trees will have additional water supplied during the wet season. A variety of trees should be planted. Small tree species appropriate for the site conditions, planted on 10 to 15 foot centers, include: • Vine maple (Acer circinatum) • Sitka alder (Alnus sinuate) • Sitka willow (Salix sitchensis) • Cascara (Rhamnus purshiana) • Pacific willow (Salix lasiandra) • Pacific dogwood (Cornus nuttallii' Eddies White Wonder') 1058 North 39"' Street Seattle, WA 98103 - Phone 206.528.4670 1 Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 p,6 of 15 Larger tree species appropriate to the site, planted on 15 to 20 foot centers, include: • Western red cedar (Thuja plicata) • Bigleaf maple (Acer macrophyllum) Western hemlock (Tsuga Canadensis) Step 3. Irrigation Irrigation is imperative to the survivability of restoration plantings and to encourage new growth to compete with weed species. It is my opinion that trees planted along the lower portion of the site will not need irrigation due to the high retention of moisture in the soil. Trees planted on the upper portions and the sloped area will need additional irrigation. The following will assure plant survival through the establishment period: • Generally, irrigation must be provided between mid-July and September, and earlier or later depending on the year. • Spot watering with a long garden hose or use of small gator bags is suggested so that a temporary irrigation system is not needed. • Trees must receive at least one inch of water per week from June -October during the first growing season, unless adequate rainfall occurs. • Monitor and adjust water delivery to assure all trees are covered. Step 4. Maintenance & Monitoring for Long-term Care This plan will be implemented in order to assure the success of the project. An 90% survival rate of all planted material is considered a successful project. If the survival rate drops below 90%, failures will be corrected. Actions necessary for correction may include but are not limited to: • replacing dead material • removal of undesirable weeds • repositioning of plant material • correcting damage caused by erosion Pruning of the retained and newly planted trees shall only be done to improve tree health or stability. Pruning can only be performed with City approval and by an ISA Certified Arborist. Monitoring of trees that were appropriately pruned and of newly planted material for death or condition, shall be completed and reported back to the City in a written report following each inspection, as follows: • Following installation and at the end of the first year following planting 1058 North 39"' Street Seattle, WA 98103 Phone 206.528.4670 * Fax 206.547.5873 www.treesol utions. net Birlenbach Tree Pruning Response August 5, 2010 Long-term Maintenance p.7 of 15 Following the first year, it is my opinion that the site should continue to be inspected. The potential always exists for invasive weeds to establish and take over the new plantings. Weeds including English ivy, Himalayan blackberry, Scotch broom, and others should be addressed as soon as they are recognized. Alder and maple stumps might re -sprout after being cut. These shall be left in place, but should be assessed for risk potential if they are located over the driveway or parking area of the home west of the site. Recommendations Apply for a land clearing permit. o Include with the permit this report and all other items requested in the May 13, 2010 letter from the City. No additional tree removal or pruning should be attempted without first obtaining City permission. Glossary codominant stems: stems or branches of nearly equal diameter, often weakly attached (Matheny et al. 1998) cracks: defects in trees that, if severe, may pose a risk of tree or branch failure (Lilly 2001) crown cleaning: selective pruning to remove one or more of the following parts: dead, diseased, and/or broken branches (ANSI A300) DBH or DSH: diameter at breast or standard height; the diameter of the trunk measured 54 inches (4.5 feet) above grade (Matheny et al. 1998) included bark: bark that becomes embedded in a crotch between branch and trunk or between codominant stems and causes a weak structure (Lilly 2001) significant size: a tree measuring 6" DSH or greater References ANSI A300 — 2008 (American National Standards Institute) for Tree Care Operations: Pruning Standards Edmonds Community Development Code. Accessed August 4, 2010. http://www.mrsc.org/wa/`edmonds/"­­index dtSearch.html Lilly, Sharon. Arborists' Certification Study Guide. Champaign, IL: The International Society of Arboriculture, 2001. Matheny, Nelda and James R. Clark. Trees and Development: A Technical Guide to Preservation of Trees During Land Development. Champaign, IL: International Society of Arboriculture, 1998. Mattheck, Claus and Helge Breloer, The Body Language of Trees.: A Handbook for Failure Anal sis. London: HMSO, 1994. 1058 North 39th Street Seattle, WA 98103 Phone 206.528.4670 - Fax 206.547.5873 www.treesoi utions. net Birlenbach Tree Pruning Response August 5, 2010 p.8 of 15 Appendix A - Assumptions & Limiting Conditions 1.Consultant assumes that any legal description provided to Consultant is correct and that title to property is good and marketable. Consultant assumes no responsibility for legal matters. Consultant assumes all property appraised or evaluated is free and clear, and is under responsible ownership and competent management. 2.Consultant assumes that the property and its use do not violate applicable codes, ordinances, statutes or regulations. 3.Although Consultant has taken care to obtain all information from reliable sources and to verify the data insofar as possible, Consultant does not guarantee and is not responsible for the accuracy of information provided by others. 4.Client may not require Consultant to testify or attend court by reason of any report unless mutually satisfactory contractual arrangements are made, including payment of an additional fee for such Services as described in the Consulting Arborist Agreement. 5. Unless otherwise required by law, possession of this report does not imply right of publication or use for any purpose by any person other than the person to whom it is addressed, without the prior express written consent of the Consultant. 6. Unless otherwise required by law, no part of this report shall be conveyed by any person, including the Client, the public through advertising, public relations, news, sales or other media without the Consultant's prior express written consent. 7.This report and any values expressed herein represent the opinion of the Consultant, and the Consultant's fee is in no way contingent upon the reporting of a specific value, a stipulated result, the occurrence of a subsequent event or upon any finding to be reported. 8.Sketches, drawings and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. The reproduction of any information generated by architects, engineers or other consultants and any sketches, drawings or photographs is for the express purpose of coordination and ease of reference only. Inclusion of such information on any drawings or other documents does not constitute a representation by Consultant as to the sufficiency or accuracy of the information. 9.Unless otherwise agreed, (1) information contained in this report covers only the items examined and reflects the condition of the those items at the time of inspection; and (2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, climbing, or coring. Consultant makes no warranty or guarantee, express or implied, that the problems or deficiencies of the plans or property in question may not arise in the future. 10. Loss or alteration of any part of this Agreement invalidates the entire report. 1058 North 391h Street Seattle, WA 98103 Phone 206.528.4670 • Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 Appendix B — Photographs P.9 of 15 Photograph 1. The yellow arrows point to the reduction of the tree back to the previous pruning locations. 1058 North 39th Street • Seattle, WA 98103 - Phone 206.528.4670 • Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 p.10 of 15 Photograph 2. The red arrow points to the old top cut and where the 2010 pruning event should have cut back to. The yellow line shows the length of the trunk below the old top cut that was pruned. 1058 North 39t" Street - Seattle, WA 98103 Phone 206.528.4670 - Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 p.11 of 15 Photograph 3. Same tree shown in Photograph 2. 1 moved a portion of the wood to look at the structure below the old top cut. There are some early signs of decay but this is not significant. 1058 North 39t" Street Seattle, WA 98103 - Phone 206.528.4670 • Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 p.12 of 15 Photograph 4. View of the top of tree 2 looking west. The red arrows point to scaffold branches that were pruned below the approved location. 1058 North 39"' Street Seattle, WA 98103 Phone 206.528.4670 • Fax 206.547.5873 www. treesol utions. net Birlenbach Tree Pruning Response August 5, 2010 p.13 of 15 Photograph 5. View looking south towards the Bigleaf maple trees. The yellow arrow points to an alder tree that could have been left as a standing dead snag. 1058 North 39"' Street Seattle, WA 98103 Phone 206.528.4670 • Fax 206.5475873 www.treesol utions. net Birlenbach Tree Pruning Response August 5, 2010 p.14 of 15 Photograph 6. View of debris left from the 2010 pruning event that is not in contact with the ground, as specified in the approved plan. 1058 North 39t" Street Seattle, WA 98103 - Phone 206528.4670 - Fax 206.547.5873 www.treesolutions.net Birlenbach Tree Pruning Response August 5, 2010 p.15 of 15 Photograph 7. A tree that was felled is now hung up in an adjacent tree, presenting a hazard for people that may be restoring the area below. Attachments: Table of Trees Site Plan 1058 North 39th Street - Seattle, WA 98103 - Phone 206.528.4670 • Fax 206.547.5873 www.treesolutions.net TABLE of TREES Trees m Site: 16520 72nd Ave. W. Edmonds WA 98026 SolutionDate of July 27, 2010 Consulting Arborists Page 1 of 1 Tree # Scientific Name Common Name Approved Pruning Notes Replacement Ratio 1 Acermacro hyllum Bigleaf maple located at NE corner of project; cuts occurred below previous pruning location 2 2 Alnus rubra Red alder Located by the drain hole; height reduced near previous location, scaffolds cut below top cut 2 3 Alnus rubra Red alder codominant; reduced near top cut, scaffolds removed below 2 4 Alnus rubra Red alder Yes reduced near top cut 0 5 Alnus rubra Red alder Yes reduced near top cut 0 6 Alnus rubra Red alder height reduced near previous location, scaffolds cut below top cut 2 7 Alnus rubra Red alder height reduced near previous location, scaffolds cut below top cut 2 8 Alnus rubra Red alder four foot stump; part on ground shows no significant decay or defect 3 9 Alnus rubra Red alder Poor condition, may not have been able to climb, potential hazard 2 10 Alnus rubra Red alder Big area of decay at the base, may not survive following pruning 2 11 Alnus rubra Red alder reduced near top cut 0 12 Alnus rubra Red aldercut height reduced near previous location, scaffolds cut below top 2 13 Alnus rubra Red alder RYes decayed trunk likely to decline 0 14 Alnus rubra Red aldercut beyond previous runing event 2 15 Alnus rubra Red aldercut beyond previous pruning event 2 16 Alnus rubra Red alderexcessive pruning, may not survive 2 17 Alnus rubra Red alder excessive pruning, may not survive 2 18 Alnus rubra Red alder May have presented risk to roadway; pruning near old top cut 2 19 Alnus rubra Red alder cut beyond previous pruning event 2 20 Alnus rubra Red alder cut beyond previous pruning event 2 21 Alnus rubra Red alder Yes reduced near top cut 0 22 Alnus rubra Red alder four foot stump, cutting was excessive 3 23 Alnus rubra Red alder three foot stump, cutting was excessive 3 24 Alnus rubra Red alder 10 foot stump, cutting was excessive 3 25 Alnus rubra Red alder height reduced near previous location, scaffolds cut below top cut 2 26 Alnus rubra Red alder Yes reduced near top cut 0 27 JAInus rubra Red alder Yes reduced near top cut 0 28 Acer macrophyllum Bigleaf maple stump sprout cut back to stump 3 29 Acer macrophyllum Bigleaf maple stump sprout cut back to stump 3 30 Acermacro hyllum Bigleaf maple tree was not supposed to be cut, reduced top and scaffolds, near stream 2 31 Alnus rubra Red alder Yes reduced near top cut, risk reduced with pruning 0 32 Alnus rubra Red alder Yes reduced near top cut, risk reduced with pruning 0 33 Alnus rubra Red alder Yes reduced near top cut, risk reduced with pruning 0 34 Alnus rubra Red alder Yes reduced near top cut, risk reduced with pruning 0 35 Alnus rubra Red alder Yes tree was declining prior to pruning event; may not survive 0 36 Alnus rubra Red alder Codominant; one stem removed excessive; second stem reduced appropriate; may not survive pruning 2 37 lAlnus rubra Red alder Yes reduced near top cut 0 38 Alnus rubra Red alder I 1cut beyond previous pruning event 2 39 Alnus rubra Red alder snag tree cut to a two foot stump 3 Replacements Requiredl 59 Tree Solutions, Inc. 1058 N. 39th St. www.treesolutions.net Seattle, WA 98103 206-528-4670 - - - - � �- - -'- � s` ;�' %y> spa .• r .ih. sr � ��., ' ,. �: I � . ,' ❑ � � ;� 4,: it t f� � � r + i �� 4d � � ss� pi's � I F`yY f .. Veda � • � G - �� .��; t : f y 14 40_ "1 may... C � •,e� J�IJ � ;:� •'4 r� � 'RR � R�a K of �l ~ _--__. � .y�4� 0. �'y `�, s'`^•i %'t K x rc \ �a�iK`�Yi jQ� (Sul- E�EY�t +a fid: ' 4 � � � q�QQ •xx.� NN i'i /.... I _ J .' Iin F tiVl � OOZ f F f vB; ;;0 3 ` n3�� •.� .i o �� zB bt raul S S a < E ° � °���oE 9 aas yy o '• *,. "'' J L.L �� u� ° � $ aq _ a.+ Y I :. •ani. 0 0 0 0 0 `g3m3 t y B1s�. i n E _ Wetlanll�egowneo Aco Delineation / Mitigation / Restoration 1 Habitat Creation / Permit Assistance 9505 19th Avenue S.E. 13 Suite 106 CRITICAL AREA STUDY & TREE RESTORATION PLAN FOR Everett, Washington 98208 (425) 337-3174 Fax (425) 337-3045 RECEIVED DEC 3 0 2010 Wetland Resources, Inc. Project # 10163 DEVELOPMENT X34/ICV,,��t������:�� Prepared By: Wetland Resources, Inc. 9505 19th Ave. SE Suite 106 Everett, WA 98208 (425) 337-3174 For: Sabine Birlenbach 22613 93rd Place W. Edmonds, WA 98020 December 14, 2010 Attachment 5 TABLE OF CONTENTS SITE DESCRIPTION PROJECT HISTORY AND PROPOSED MITIGATION WETLAND AND STREAM CLASSIFICATIONS - COWARDIN SYSTEM WETLAND AND STREAM CLASSIFICATIONS - CITY OF EDMONDS HABITAT ASSESSMENT BUILDING SETBACK WETLAND DETERMINATION REPORT BOUNDARY DETERMINATION FINDINGS RESTORATION PLAN AND SCHEDULE PLANTING NOTES MAINTENANCE PROJECT MONITORING PROGRAM CONTINGENCY PLAN PERFORMANCE BOND FUNCTIONS AND VALUES ASSESSMENT WILDLIFE USE OF THIS REPORT REFERENCES FIELD DATA CRITICAL AREA STUDY & SITE PLAN MAP APPENDICES APPENDIX A: DOE WETLAND RATING FORMS APPENDIX B: SAM ASSESSMENT 1 1 1 2 2 3 3 5 5 6 6 7 7 8 8 9 10 10 11 SHEET 1/1 SITE DESCRIPTION On December 8, 2010 Wetland Resources, Inc. conducted a site visit on the 1.93 -acre site located at 16520 72nd Avenue West in the City of Edmonds, Washington. The site is located as a portion of Section 8, Township 27N, Range 4E, W.M. The purpose of this site visit was to locate critical areas on and adjacent to the subject site to aid in the resolution of a tree cutting and critical areas violation resultant from cutting and topping trees within the on-site wetland and buffer. The purpose of this action was to maintain Sound views for the adjacent house located east of the property. This site is accessed from the east via an asphalt driveway off of 72nd Avenue West. The site is comprised of two lots with one single-family residence and associated infrastructure on the western parcel. The property is located on the south side of a ridge that slopes to a ravine in the southern part of the site and then drains west towards Puget Sound. A Category 3 wetland and associated Type Np stream are located in the ravine. In the City of Edmonds, Category 3 wetlands and Type Np streams both receive 50 -foot protective buffers. PROJECT HISTORY AND PROPOSED MITIGATION The applicant is proposing to resolve a tree cutting and critical areas violation that resulted from cutting of trees during routine landscape maintenance to maintain views of Puget Sound for the house located just east of the subject property. During this work, the forester removed trees in excess of what was approved by the City. Based on correspondence between the applicant and the City, as well as the arborist's report for the subject property, the routine maintenance was intended to consist of top branch pruning of the subject trees. This routine maintenance was conducted on thirteen trees on the site (red alder) and these trees were topped as necessary to allow a view corridor, between thirty to sixty feet above ground level. Another red alder was taken down because it was assessed as a hazard tree. Finally, another twenty-five trees (red alder and big leaf maple) were cut down or were topped in a manner that will likely result in their deaths. All of these trees were felled or topped and left in place. No wood was removed from the subject property. As mitigation for the unauthorized tree removal, the applicant is proposing to replace the impacted trees at a 2:1 replacement to impact ratio as specified in ECDC 23.40.220(7)iv. This will result in a total of 50 replacement trees planted on the subject site. WETLAND AND STREAM CLASSIFICATIONS - COWARDIN SYSTEM According to the Cowardin System, as described in Classification of Wetlands and Deepwater Habitats of the United States, the classifications for the on-site wetland and stream are as follows: Category 3 Wetland: Palustrine, Forested, Broad-leaved Deciduous, Seasonally flooded/Saturated. Type Np Stream: Riverine, Upper Perennial, Streambed CAS and Restoration Plan Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 WETLAND AND STREAM CLASSIFICATIONS - CITY OF EDMONDS Under ECDC, Chapter 23, the on-site wetland and stream are classified as follows: Category 3 Wetland: This slope wetland drains to the on-site Type Np stream and received a total score for functions of 35 with a habitat score of 15 on the DOE Wetland Rating Form for Western Washington (Version 2). Wetlands with scores between 30 and 50 points for all functions are classified as Category 3 wetlands, per ECDC 23.50.010. In the City of Edmonds, Category 3 wetlands with low habitat scores (<20) typically receive 50 -foot protective buffers from their delineated edge. Type Np Stream: The on-site stream meets the criteria for a Type Np stream, per ECDC 23.90.010. This stream flows throughout the year and does not support fish due to a lack of in -stream habitat and impassible downstream gradient. In the City of Edmonds, Type Np streams typically receive 50 -foot protective buffers from the ordinary high water mark. At the discretion of the Director, Critical area tracts may be required in development proposals for subdivisions, short subdivisions, and planned unit developments. These critical area tracts shall delineate and protect those contiguous critical areas and buffers greater than five thousand (5, 000) square feet. The director may require that critical area tracts be dedicated to the city, to be held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowner's association or other legal entity (such as a land trust), which ensures the ownership, maintenance, and protection of the tract and contains a provision to assess costs associated therewith. (EDCD 23.40.270) HABITAT ASSESSMENT No threatened or endangered species are known to be associated with the site. The on-site stream appears to have an average width between the Ordinary High Water Marks of less than two feet. In addition, the substrate of this stream is primarily comprised of silt making it unlikely that this stream would provide suitable habitat for resident fish species. In addition, the stream on the subject site is not mapped by the City of Edmonds, Snohomish County, or the Washington Department of Fish and Wildlife (WDFW) as supporting fish, nor does it drain to a fish bearing stream. Anadromous fish access to this stream from Puget Sound is likely blocked due to steep gradient in the lower reach of the stream where in drains to Puget Sound. Furthermore, no listed birds or mammals are known by WDFW (Priority Habitat and Species Maps) to occur within two miles of the subject site. CAS and Restoration Plan 2 Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 BUILDING SETBACK ECDC 23.40.280 states: "Unless otherwise provided, buildings and other structures shall be set back a distance of fifteen (15) feet from the edges of all critical areas, if no buffers are required. The following may be allowed in the building setback area: • Landscaping • Uncovered Decks • Building overhangs, if such overhangs do not exceed more than eighteen (18) inches into the setback area; and • Impervious ground surfaces, such as driveways and patios, provided that such improvements maybe subject to water quality regulations as adopted in Chapter 19.11 WETLAND DETERMINATION REPORT Methodology On site, routine methodology as described in the Washington State Wetlands Identification and Delineation Manual (Washington State Department of Ecology Publication #96-94, March 1997), was used for this determination, as required by the City of Edmonds during the permitting process. Under this method, the process for making a wetland determination is based on three sequential steps: 1) Examination of the site for hydrophytic vegetation (species present and percentage cover). 2) If hydrophytic vegetation is found, then the presence of hydric soils is determined. 3) Determination of the presence of wetland hydrology in the area examined under the first two steps. Wetland Vegetation Criteria: The 1997 edition of the Washington State Wetlands Identification and Delineation Manual defines hydrophytic vegetation as "the sum total of macrophytic plant life that occurs in areas where the frequency and duration of inundation or soil saturation produce permanently or periodically saturated soils of sufficient duration to exert a controlling influence on the plant species present." Field indicators were used to determine whether the vegetation meets the definition for hydrophytic vegetation. Soil Criteria and Mapped Description The Washington State Wetlands Identification and Delineation Manual, 1997 edition, defines hydric soils as those that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Field indicators are used for determining whether a given soil meets the definition and criteria for hydric soils. The soils underlying the site are mapped in the Soil Survey of Snohomish County Area Washington as Alderwood-Urban land complex, 8 to 15 percent slopes, and Alderwood- Everett gravelly sandy loams, 25 to 70 percent slopes. CAS and Restoration Plan 3 Wetlond Resources, Inc. Birlenboch - 72"d Ave. W Project # 10163 Alderwood-Urban land complex, 8 to 15 percent slopes: This map unit is on till plains. This unit is about 60 percent Alderwood gravelly sandy loam and about 25 percent urban land. Included in this unit are small areas of Everett and Indianola soils on terraces and outwash plains, Kitsap soils on terraces and terrace escarpments, and Ragnar soils on outwash plains. Included areas make up about 15 percent of the total acreage. Alderwood soil is moderately deep and moderately well drained. It formed in glacial till. Typically, the surface layer is very dark grayish brown gravelly sandy loam about 7 inches thick. The upper part of the subsoil is dark yellowish brown and dark brown very gravelly sandy loam about 23 inches thick. A weakly cemented hardpan is at a depth of about 35 inches. Depth to the hardpan ranges from 20 to 40 inches. Permeability of the Alderwood soil is moderately rapid above the hardpan and very slow through it. Available water capacity is low. Urban land consists of areas that are covered by streets, buildings, parking lots, and other structures that obscure or alter the soils so that identification is not possible. Alderwood- Everett gravelly sandy loams, 25-75 percent slopes is on till plains, terraces, and outwash plains. This unit is about 60 percent Alderwood gravelly sandy loam and about 25 percent Everett gravelly sandy loam. Included in this unit are small areas of Ragnar, Indianola, Mckenna, and Norma soils and Terric Medisaprists in depressional areas and drainageways on plains. Also included are colluvial soils, slump areas, and escarpments. Included areas make up about 15 percent of the total acreage. The Alderwood soil is moderately deep over a hardpan and is moderately well drained. It formed in glacial till. Typically, the surface layer is very dark grayish brown gravelly sandy loam about 7 inches thick. The upper part of the subsoil is dark yellowish brown and dark brown very gravelly sandy loam about 23 inches thick. A weakly cemented hardpan is at a depth of about 35 inches. Depth to the hardpan ranges from 20 to 40 inches. Permeability of the Alderwood soil is moderately rapid above the hardpan and very slow through it. Available water capacity is low. A seasonal perched water table is at a depth of 18 to 36 inches from January to March. Springs or seep areas are common. The Everett soil is very deep and somewhat excessively drained. It formed in glacial outwash. Typically, the surface layer, where mixed to a depth of about 6 inches, is very dark grayish brown gravelly sandy loam. The subsoil is dark brown very sandy gravelly loam about 12 inches thick. The lower part to a depth of 60 inches or more is dark brown extremely gravelly sand. Permeability of the Everett soil is rapid. Available water capacity is low. Hydrology Criteria The Washington State Wetlands Identification and Delineation Manual, 1997 edition, states that "areas which are seasonally inundated and/or saturated to the surface for a consecutive number of days greater than or equal to 12.5% of the growing season are wetlands, provided the soil and vegetation parameters are met. Areas inundated or saturated between 5 and 12.5% of the growing season in most years may or may not be wetlands. Areas saturated to the surface for less than 5% of the growing season are non - wetlands." Field indicators are used for determining whether wetland hydrology parameters are met. CAS and Restoration Plan 4 Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 BOUNDARY DETERMINATION FINDINGS Category 3 Wetland: Vegetation in this wetland is represented by a canopy of red alder (Alnus rubra, Fac) and western red cedar (Thuja plicata, Fac), with salmonberry (Rubus spectabilis, Fac+), red elderberry (Sambucus racemosa, FacU), Himalayan blackberry (Rubus armeniacus, FacU), piggy -back plant (Tolmiea menziesii, Fac), and skunk cabbage (Lysichiton amen .canum, Obl), in the understory. Soils in the subject wetland have a Munsell color of black (10 YR 3/1) with textures ranging from muck to silt loam, from 0 to 18 inches below the surface. Soils in this wetland were saturated to the surface during our December 2010 site investigation. Non -Wetland Areas: Vegetation in the non -wetland portions of the site is composed of red alder (Alnus rubra, Fac), big leaf maple (Acer macrophyllum, FacLI), Douglas fir (Pseudotsuga menziesii, FacLI), and western hemlock (Tsuga heterophylla, FacU-), in the canopy, with salmonberry (Rubus spectabilis, Fac+), red elderberry (Sambucus racemosa, FacU), hazelnut (Colylus cornuta, FacU), Himalayan blackberry (Rubus armeniacus, FacU), Japanese knotweed (Polygonum cuspidatum, FacLI), sword fern (Polystichum munitum, FacU), Oregon grape (Berberis nervosa, FacU), and piggy -back plant (Tolmiea menziesii, Fac) in the understory. Typical soils in the non -wetland portions of the site have a four -inch duff layer with a Munsell color of very dark grayish brown (10 YR 3/2). From 4 to 18 inches, soils have a Munsell color of dark yellowish brown (10 YR 4/4) with a texture of gravelly sandy loam. Soils in the upland portions of the property were moist during our December 2010 site visit that occurred during a period of exceptionally heavy rain. RESTORATION PLAN AND SCHEDULE As mitigation for the unauthorized removal of twenty-five trees within the on-site wetland, the applicant is proposing to plant a total of fifty replacement trees. These trees will be planted in the early spring of 2011 and will be installed in approximately the same location as the trees that were removed. The following trees were selected because they are slow growing, tolerant of wet soil conditions, and provide quality habitat for wildlife. It is expected that red alder and big leaf maple will re -grow from the existing stumps or sprout from the on- site seed bank. The combination of these volunteer plants with the planted species will assist in a conversion from what was a primarily deciduous forest to a mixed and eventually a coniferous forest system. TREE MITIGATION PLANTINGS Common Name Latin Name Size 1. Sitka spruce Picea sitchensis 6' B&B 2 Shore pine Pinus contorta 6' B&B 3 Excelsa Cedar Thuja Plicata var. Excelsa 6' B&B Quantity 17 17 16 CAS and Restoration Plan 5 Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 PLANTING NOTES Mitigation projects of this sort are typically more complex to install than can be described in plans. Careful monitoring by a qualified wetland professional for all portions of this project is strongly recommended. Timing and sequencing is important to the success of this type of project. Plant the selected species in the early spring. Order plants from a reputable nursery. Care and handling of plant materials is extremely important to the overall success of the project. All plant materials recommended in this plan should be available from local and regional sources, depending on seasonal demand. If any of the listed species are not available for planting, other specified tree mitigation planting species may be substituted. The plants shall be arranged with the appropriate numbers, sizes, species, and distribution to achieve the required vegetation coverage. The actual placement of individual plants shall mimic natural, asymmetric vegetation patterns found on similar undisturbed sites in the area. Upon complete installation of the proposed mitigation plan, an inspection by a qualified wetland professional shall be made to determine plan compliance. A compliance report shall be supplied to the City of Edmonds within 30 days after the completion of planting. Colored surveyors ribbon, or other approved marking device, shall be attached to each planted tree and shrub to assist in locating the plants while removing the competing non- native vegetation and to assist in monitoring the plantings. Irrigation / Watering: Water shall be provided during the dry season (July 1 through October 15) for the first two years after installation to ensure plant survival and establishment. Water should be applied at a rate of 1 inch of water twice per week for year 1 and 1 inch per week during year 2. MAINTENANCE The purpose of this maintenance program is to ensure the success of the mitigation plantings. The planting areas will be maintained in spring and fall of each year for the three- year monitoring period. Maintenance activities will include the following as necessary: Plant inspection and replacement Control invasive species Remove trash Following each monitoring, recommendations will be made for the replacement of plant mortality. Any replanting will be done by the contracted landscaper and should be done during the fall maintenance visit. Maintenance should be done by hand to avoid impacts to establishing plants and existing habitat. CAS and Restoration Plan 6 Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 PROJECT MONITORING PROGRAM Requirements for monitoring project: 1. Initial compliance report 2. Annual site inspections in the fall for three years 3. Annual reports (One report submitted in the fall of each monitored year) Purpose of Monitoring The purpose of monitoring this project is to evaluate the success of the mitigation plantings. Success will be determined if monitoring shows that at the end of three years the performance standards are being met and that habitat values in the enhancement areas are equivalent to similar ecosystems in the immediate area. Inspection Schedule Upon completion of the mitigation project, an inspection by a qualified wetland biologist will be made to determine plan compliance. A compliance report will be supplied to the City of Edmonds regarding the completeness of the project. Condition monitoring of the plantings will be done by a qualified wetland biologist in the fall of each year during the three-year monitoring period. A written report describing the monitoring results will be submitted to the City of Edmonds shortly after the fall inspection of each monitored year. Final inspection will occur three years after completion of planting. The contracted wetland professional will prepare a final report as to the success of the project. Definition of Success / Performance Standards The enhancement areas shall support at least 80% survivorship of the native plants set forth in this plan by the end of three years. The species mix should resemble that proposed by the planting plans, but strict adherence to obtaining all of the species shall not be a criterion for success. If a given area contains more than 10% areal coverage of invasive, non-native species within the planting areas, the enhancement shall not be considered successful for that area. CONTINGENCY PLAN If more than 20% of the plants are severely stressed during any of the inspections, or it appears more than 20% may not survive, additional plantings of the same species or, if necessary, alternative species may be added to the enhancement areas. If this situation persists into the next inspection, a meeting with a representative for the City of Edmonds, the consulting wetland biologist and the property owner will be scheduled to decide upon contingency plans. Elements of the contingency plan may include, but will not be limited to more aggressive weed control, supplemental irrigation, plant replacement, species substitution, fertilization, and/or soil amendments. CAS and Restoration Plan 7 Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 PERFORMANCE BOND A performance bond shall be provided to the City of Edmonds for the period of three years from the completion of the project, in the amount of 120% of the estimated cost for plant material and labor. Annual monitoring reports and seasonal maintenance will be required to assure the success of this enhancement plan. The City of Edmonds shall release this bond at the end of the three years, upon successful determination for all portions of this mitigation project. The following is an estimate of plant materials and labor only. QUANTITY OF SIX FOOT TALL TREES @ $70.00 per plant 50 ESTIMATED COST OF PLANT MATERIAL AND LABOR $3,500.00 TOTAL ESTIMATED COSTS $3,500.00 120% OF TOTAL ESTIMATED COSTS $4,200.00 FUNCTIONS AND VALUES ASSESSMENT Wetland Functions and Values Assessment Methodology The methodology for this functions and values assessment is based on professional opinion developed through past field analyses and interpretation. This assessment pertains specifically to this site, but is typical for assessments of similar systems common to western Washington. In addition, the 2000 Wetland and Buffer Functions and Semi -quantitative Performance Assessmentwas conducted for this site (please see attached). Functions and Values - Professional Opinion Wetlands in western Washington perform a variety of ecosystem functions. Included among the most important functions provided by wetlands are stormwater control, water quality improvement, fish and wildlife habitat, aesthetic value, recreational opportunities, and education. Assessments of these functions for the project site are provided below. Existing Conditions The on-site wetland is a hydrogeomorphic class slope wetland, and comprises the headwater of a Type Np stream. Slopes are generally steep and this wetland originates as seeps along the face of the slope. This wetland contains small depressions within its boundary that retain ponded water. Some areas of organic soils are present. The majority of this wetland is forested with red alder and contains a dense shrub layer. Due to its location in the landscape and its association with a perennial stream, this wetland provides good value for hydrologic control. The deep, organic soils serve to moderate base and peak stream flows in the downstream reaches by storing water as it emerges from hillside seeps and releasing it over a period of time. The presence of dense vegetation in both the wetland and its associated buffer serve to provide slope stability, prevent erosion, filter. sediment from overland flow, and generally improve water quality. CAS and Restoration Plan 8 Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 Likely, the most important function provided by all of the on-site wetland, stream, and associated buffers is wildlife habitat. The wetland and stream are a part of a large, protected area that includes elements of established upland forest, multiple wetlands and the Type Np stream. The interspersion of these diverse habitat types provides a large amount of edge habitat, which in turn provides myriad forage and cover opportunities, as well as a secluded movement corridor for a variety of wildlife, in an otherwise suburban environment. Overall, the subject wetland, stream, and associated upland buffer provide a valuable resource. Impacts to Functions and Values The tree trimming and removal that occurred served to simplify the vegetative structure and remove forested canopy, thus setting the area back to a primary seral stage. Removal of these trees has eliminated a source of shade and subsequent thermal protection for both the wetland and stream. Given the presence of shrubs and remaining snags and trees, it is likely that the tree removal that occurred had a relatively small impact to the level of functions and values provided by the site. Post Mitigation Functions and Values The applicant is proposing to replace all impacted trees at a two to one replacement to impact ratio. Conifers will be planted to replace the impacted deciduous trees. This will serve to increase vegetative species diversity on the site as well as aid in the transition from a primarily deciduous, relatively short lived canopy to a mixed and eventually a stable coniferous canopy. Over time, this will improve vegetation structure and available wildlife habitat on the site. Functions and Values - SAM Assessment Information provided by the 2000 Wetland and Buffer Functions and Semi -quantitative Performance Assessment (SAM) was used to further evaluate wetland conditions. This assessment can be found in Appendix A of this report. Overall, the subject wetlands provide moderate levels of functions and values, with scores ranging from 81 out of a possible 132. Many of the factors that resulted in the scores not being higher are unalterable, such as the size and location of these wetlands in the landscape, soil types, and the hydrogeomorphic classifications. One factor which will be improved by the proposed mitigation is the percentage of forested cover. Several species of bird were noted during our site investigation. These include American robin (Turdus migratorius), winter wren (Troglodytes troglodytes), black -capped chickadee (Poecile atricapillus), and bushtits (Psaltriparus minimus). Given this wetland's association with Lake Ballinger, other resident and migratory species would be expected to utilize the site during some portion of their lives. No herpetofauna were noted. CAS and Restoration Plan 9 Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 USE OF THIS REPORT This Critical Area Study and Wetland Mitigation Plan is supplied to Sabine Birlenbach as a means of describing jurisdictional wetland conditions and mitigating for critical area impacts, as required by the City of Edmonds during the permitting process. This report is based largely on readily observable conditions and to a lesser extent, on readily ascertainable conditions. No attempt has been made to determine hidden or concealed conditions. Reports may be adversely affected due to the physical condition of the site and the difficulty of access, which may lead to observation or probing difficulties. The laws applicable to wetlands are subject to varying interpretations and may be changed at any time by the courts or legislative bodies. This report is intended to provide information deemed relevant in the applicant's attempt to comply with the laws now in effect. The work for this report has conformed to the standard of care employed by wetland ecologists. No other representation or warranty is made concerning the work for this report and any implied representation or warranty is disclaimed. Wetland Resources, Inc. Louis Emenhiser Senior Wetland Ecologist Professional Wetland Scientist #1680 REFERENCES City of Edmonds Environmentally Critical Areas Ordinance Title 23. June 19, 2007. Classification of Wetlands and Deepwater Habitats of the United States. FWS/OBS-79/31. December 1979. U.S. Department of the Interior, Fish and Wildlife Service. Washington, D.C. Corps of Engineers Wetlands Delineation Manual, 1987. Technical Report Y-87-1. Environmental Laboratory. U.S. Army Engineer Waterway Experiment Station. Vicksburg, MS. Soil Survey of Snohomish County Area Washington, United States Department of Agriculture, Soil Conservation Service (1978). National List of Plant Species that Occur in Wetlands, Northwest Region. 1996. U.S. Department of the Interior, Fish and Wildlife Service. Washington, D.C. Washington State Wetlands Identification and Delineation Manual. Washington State Department of Ecology. Publication #96-94. March 1997. CAS and Restoration Plan 10 Wetland Resources, inc. Birlenbach - 72nd Ave. W Project # 10163 Field Data Sheet 0-4" duff 10YR 3/2 moist Pseudotsuga menziesii 10163 Birlenbach FacU tree Non -Wetland Investigation Date: December 8, 2010 moist Acer macrophyllum 30 Pit Depth Texture Color Moisture Species % Status Strata S1 0-18" muck 10 YR 3/1 sat Alnus rubra 40 Fac tree Wetland at surface Thuja plicata 20 Fac tree Rubus spectbilis 60 Fac+ shrub Sambucus racemosa 5 FacU shrub Tolmiea menziesii 40 Fac herb Lysichiton americanum 20 Obl herb Conclusion:Wetland-Parameters for hydrophytic vegetation, hydric soils and wetland hydrology are met. S2 0-4" duff 10YR 3/2 moist Pseudotsuga menziesii 30 FacU tree Non -Wetland 4-18" gravely sandy loam 10YR4/4 moist Acer macrophyllum 30 FacU tree Tsuga heterophylla 20 FacU- tree Corylus cornuta 10 FacU shrub Sambucus racemosa 10 FacU shrub Rubus armeniacus 10 FacU shrub Polygonum cuspidatum 10 FacU herb Polystichum munitum 5 FacU herb Tolmiea menziesii tr Fac herb Conclusion:Non-wetland-Pa ra meters for hydrophytic vegetation, hydric soils and wetland hydrology are not met. S3 0-18" silt loam 10 YR 3/1 sat Alnus rubra 30 Fac tree Wetland at surface Rubus spectbilis 40 Fac+ shrub Tolmiea menziesii 30 Fac herb Conclusion:Wetland-Parameters for hydrophytic vegetation, hydric soils and wetland hydrology are met. CAS and Restoration Plan Wetland Resources, Inc. Birlenbach - 72nd Ave. W Project # 10163 Wetland name or number Lea Wettf WETLAND RATING FORM — WESTERN WASHINGTON Version 2 - Updated July 2006 to increase accuracy and reproducibility among users Updated Oct 2008 with the new WDFW definitions for priority habitats Name of wetland (if known): Birtenbach - Lea Wetland Date of site visit: 12.08. 10 Rated by L. Emenhiser Trained by Ecology? YesONofl Date of training 10.11.06 SEC: 8 TWNSHP: 27N RNGE: 4E Is S/T/R in Appendix D? YesQ No_a Map of wetland unit: Figure Estimated size -0.5 Acres Category based on FUNCTIONS provided by wetland I II III ✓ IV Category I =Score >=70 Score for Water Quality Functions Category II = Score 51-69 Score for Hydrologic Functions Category III = Score 30-50 Score for Habitat Functions Catej�,ory IV = Score < 30 TOTAL score for Functions Category based on SPECIAL CHARACTERISTICS of wetland I II Does not Apply ✓ Final Category. (choose the "highest" category from above) Summary of basic information about the wetland unit 10 10 15 35 Wetland Unit has Special Characteristics Wetland HGM Class used forRating Estuarine De ressional Natural Heritage Wetland Riverine Bog Lake -fringe Mature Forest I Sloe Old Growth Forest Flats Coastal Lagoon Freshwater Tidal Interdunal None of the above Check if unit has multiple HGM classes present Wetland Rating Form — western Washington i August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wetlih Does the wetland unit being rated meet any of the criteria below? If you answer YES to any of the questions below you will need to protect the wetland according to the regulations regarding the special characteristics found in the wetland. Check List for Wetlands That May Need Additional Protection YES- NO in addition to the protection recommended for its category) SP1. Has the wetland unit been documented as a habitatfor any Federally listed Threatened or Endangered animal or plant species (TIE species)? For the purposes of this rating system, "documented" means the wetland is on the appropnate state or federal database. SP2. Has the wetland unit been documented as habitat for any State listed Threatened or Endangered animal species? For the purposes of this rating system, "documented" means the wetland is on the V/ appropriate state database. Note: Wetlands with State listed plant species are categorized as Category I Natural Heritage Wetlands see p. 19 of data form). SP3. Does the wetland unit contain individuals of Priority species listed by the WDFW for the state? SP4. Does the wetland unit have a local significance in addition to its functions? For example, the wetland has been identified in the Shoreline Master Program, the Critical Areas Ordinance, or in a local management plan as having special significance. To complete the next part of the data sheet you will need to determine the ydrogeomorphic Class of the wetland beim rated. The hydrogeomorphic classification groups wetlands into those that function in similar ways. This simplifies the questions needed to answer how well the wetland functions. The Hydrogeomorphic Class of a wetland can be determined using the key below. Seep. 24 for more detailed instructions on classifying wetlands. Wetland Rating Form — western Washington 2 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettall Classification of Wetland Units in Western Washington 1. Are the water levels in the entire unit usually controlled by tides (i.e. except during floods)? QNO — go to 2 YES — the wetland class is Tidal Fringe If yes, is the salinity of the water during periods of annual low flow below 0.5 ppt (parts per thousand)? YES — Freshwater Tidal Fringe NO — Saltwater Tidal Fringe (Estuarine) If your wetlan can be classified as a Freshwateidal Fringe use the forms for Riverine wetlands. If it is Saltwater Tidal Fringe it is rated as an Estuarine wetland. Wetlands that were called estuarine in the first and second editions of the rating system are called Salt Water Tidal Fringe in the Hydrogeomorphic Classification. Estuarine wetlands were categorized separately in the earlier editions, and this separation is being kept in this revision. To maintain consistency between editions, the term "Estuarine" wetland is kept. Please note, however, that the characteristics that define Category I and II estuarine wetlands have changed (see p. ). 2. The entire wetland unit is flat and precipitation is the only source (>90%) of water to it. Groundwater and surface water runoff are NOT sources of water to the unit. Q✓ NO — go to 3 ❑ YES — The wetland class is Flats If your wetland can be classified as a "Flats" wetland, use the form for Depressional wetlands. 3. Does the entire wetland unit meet both of the following criteria? The vegetated part of the wetland is on the shores of a body of permanent open water (without any vegetation on the surface) at least 20 acres (8 ha) in size; At least 30% of the open water area is deeper than 6.6 ft (2 m)? WINO — go to 4 ❑ YES — The wetland class is Lake -fringe (Lacustrine Fringe) 4. Does the entire wetland unit meet all of the following criteria? ✓ The wetland is on a slope (slope can be very gradual), ✓ The water flows through the wetland in one direction (unidirectional) and usually comes from seeps. It may flow subsurface, as sheetflow, or in a swale without distinct banks. ✓ The water leaves the wetland without being impounded? NOTE: Surface water does not pond in these type of wetlands except occasionally in very small and shallow depressions or behind hummoclzs (depressions are usually <3ft diameter and less than I foot deep). NO - go to 5 YES — The wetland class is Slope Wetland Rating Form—western Washington 3 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettad 5. Does the entire wetland unit meet all of the following criteria? The unit is in a valley, or stream channel, where it gets inundated by overbank flooding from that stream or river The overbank flooding occurs at least once every two years. NOTE: The riverine unit can contain depressions that are filled with water when the river is not flooding. F_�NO - go to 6F -]YES — The wetland class is Riverine 6. Is the entire wetland unit in a topographic depression in which water ponds, or is saturated to the surface, at some time during the year. This means that any outlet, ifpresent, is higher than the interior of the wetland. r_JNO — go to 7 YES —The wetland class is Depressional 7. Is the entire wetland unit located in a very flat area with no obvious depression and no overbank flooding. The unit does not pond surface water more than a few inches. The unit seems to be maintained by high groundwater in the area. The wetland may be ditched, but has no obvious natural outlet. ❑NO — go to 8 YES —The wetland class is Depressional 8. Your wetland unit seems to be difficult to classify and probably contains several different HGM clases. For example, seeps at the base of a slope may grade into a riverine floodplain, or a small stream within a depressional wetland has a zone of flooding along its sides. GO BACK AND IDENTIFY WHICH OF THE HYDROLOGIC REGIMES DESCRIBED IN QUESTIONS 1-7 APPLY TO DIFFERENT AREAS IN THE UNIT (make a rough sketch to help you decide). Use the following table to identify the appropriate class to use for the rating system if you have several HGM classes present within your wetland. NOTE: Use this table only if the class that is recommended in the second column represents 10% or more of the total area of the wetland unit being rated. If the area of the class listed in column 2 is less than 10% of the unit; classify the wetland using the class that represents more than 90% of the total area. HGM Classes within the wetland unit being rated HGM Class to Use in Rat' Slope + Riverine Riverine Slope + Depressional De sessional Slope + Lake -fringe Lake -fringe Depressional + Riverine along stream within boundary Depressional Depressional + Lake -fringe Depressional Salt Water Tidal Fringe and any other class of freshwater wetland Treat as ESTUARINE under wetlands with special characteristics ❑ If you are unable still to determine which of the above criteria apply to your wetland, or if you have more than 2 HGM classes within a wetland boundary, classify the wetland as Depressional for the rating. Wetland Rating Form — western Washington 4 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wetlagi S Slope Wetlands Points -WATER QUALITY FUNCTIONS -Indicators that the wetland unit functions to,", , (only i sore ,,im rove water uah PereoX> S S 1. Does the wetland unit have the potential to improve water quality? (see p.64) S S 1.1 Characteristics of average slope of unit: ❑Slope is 1 % or less (a I % slope has a I foot vertical drop in elevation for every 100 ft horizontal distance) points = 3 ❑Slope is 1% - 2% points = 2 0 ❑Slope is 2% - 5% points = 1 OSlope is greater than 5% points = 0 S S 1.2 The soil 2 inches below the surface (or duff layer) is clay or organic (use NRCS initions) 3 Mde ✓ YES= 3 points 0 NO = 0 points S S 1.3 Characteristics of the vegetation in the wetland that trap sediments and pollutants: Figure 1 Choose the points appropriate for the description that best fits the vegetation in the wetland. Dense vegetation means you have trouble seeing the soil surface (>75% cover), and uncut means not grazed or mowed and plants are higher than 6 inches. 0 Dense, uncut, herbaceous vegetation > 90% of the wetland area points = 6 Dense, uncut, herbaceous vegetation > 1/2 of area points = 3 2 ❑✓ Dense, woody, vegetation >'/2 of area points = 2 0 Dense, uncut, herbaceous vegetation > 1/4 of area points = 1 0 Does not meet any of the criteria above for vegetation points = 0 Aerial photo or map with vegetation polygons S Total for S 1 Add the points in the boxes above I 5 1 S S 2. Does the wetland unit have the opportunity to improve water quality? (see p.67) Answer YES if you know or believe there are pollutants in groundwater or surface water coming into the wetland that would otherwise reduce water quality in streams, lakes or groundwater downgradient from the wetland. Note which of the following conditions provide the sources of pollutants. A unit may have pollutants coming from several sources, but any single source would gualijy as opportunity. ❑ Grazing in the wetland or within 150ft ❑ Untreated stormwater discharges to wetland ❑ Tilled fields, logging, or orchards within 150 feet of wetland 7Residential, urban areas, or golf courses are within 150 ft upslope of wetland multiplier ® Other 2 ✓❑YES multiplier is 2 ❑NO multiplier is 1 S TOTAL -Water Quality Functions Multiply the score from S1 by S2 10 Add score to table onp. Y Comments Wetland Rating Form — western Washington 11 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wetlaa Comments Wetland Rating Form — western Washington 12 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 S 3. Does the wetland unit have the potential to reduce flooding and stream (see p.68) erosion? S S 3.1 Characteristics of vegetation that reduce the velocity of surface flows during storms. Choose the points appropriate for the description that best fit conditions in the wetland. (stems ofplants should be thick enough (usually > 1/8in), or dense enough, to remain erect during surface flows) Dense, uncut, rigid vegetation covers > 90% of the area of the wetland. points = 6 3 F✓ Dense, uncut, rigid vegetation > 1/2 area of wetland points = 3 ❑ Dense, uncut, rigid vegetation > 1/4 area points = 1 Q More than 1/4 of area is grazed, mowed, tilled or vegetation is not rigid points = 0 S S 3.2 Characteristics of slope wetland that holds back small amounts of flood flows: The slope wetland has small surface depressions that can retain water over at least 10% of its area.✓DYES points = 2 2 ONO points = 0 S Add the points in the boxes above 1 5 r S S 4. Does the wetland have the opportunity to reduce flooding and erosion? seep. 70) Is the wetland in a landscape position where the reduction in water velocity it provides helps protect downstream property and aquatic resources from flooding or excessive and/or erosive flows? Note which of the following conditions apply. Wetland has surface runoff that drains to a river or stream that has flooding problems Other Wetland is upstream of property and aquatic resources (Puget Sound) multiplier (Answer NO if the major source of water is controlled by a reservoir (e.g. wetland is a seep 2 that is on the downstream side of a dam) OYES multiplier is 2 ❑NO multiplier is 1 S TOTAL - Hydrologic Functions Multiply the score from S 3 by S 4 Add score to table on p. 1 10 Comments Wetland Rating Form — western Washington 12 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettall These questions apply to wetlands of all HGM classes. Points (only I score' HABITAT FUNCTIONS -- Indicators that unit functions to provide important habitat per box) , H 1. Does the wetland unit have the potential to provide habitat for many species? H 1.1 Vegetation structure (seep. 72) Figure 1 Check the types of vegetation classes present (as defined by Cowardin)- Size threshold for each class is Y4 acre or more than 10% of the area if unit is smaller than 2.5 acres. =Aquatic bed =Emergent plants =Scrab/shrub (areas where shrubs have >30% cover) =Forested (areas where trees have >30% cover) If the unit has a forested class check if: 2 =The forested class has 3 out of 5 strata (canopy, sub -canopy, shrubs, herbaceous, moss/ground-cover) that each cover 20% within the forested polygon Add the number of vegetation structures that qualify. If you have: =4 structures or more points = 4 Map of Cowardin vegetation classes F- 3 structures points = 2 02 structures points = 1 0 1 structure points = 0 H 1.2. Hydroperiods (seep. 73) Figure 1 Check the types of water regimes (hydroperiods) present within the wetland. The water regime has to cover more than 10% of the wetland or Y4 acre to count. (see text for descriptions of hydroperiods) =Permanently flooded or inundated ®4 or more types present points = 3 =Seasonally flooded or inundated E] 3 types present points = 2 =Occasionally flooded or inundated Q✓ 2 types present point = 1 1 =Saturated only r_j 1 type present points = 0 =Permanently flowing stream or river in, or adjacent to, the wetland Q Seasonally flowing stream in, or adjacent to, the wetland Q Lake fringe wetland- = 2 points =Freshwater tidal wetland = 2 points Map of hydroperiods H 1.3. Richness of Plant Species (seep. 75) Count the number of plant species in the wetland that cover at least 10 ff. (different patches of the same species can be combined to meet the size threshold) You do not have to name the species. Do not include Eurasian Milfoil, reed canarygrass,urple loosestrife, Canadian Thistle If you counted: > 19 species points = 2 List species below if you want to: 0 5 - 19 species points = 1 1 _ < 5 species points = 0 Total for page Wetland Rating Form — western Washington 13 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wetlag H 1.4. Interspersion of habitats (seep. 76) Figure 1 Decide from the diagrams below whether interspersion between Cowardin vegetation classes (described in H 1. 1), or the classes and unvegetated areas (can include open water or mudflats) is high, medium, low, or none. O None = 0 points QLow = 1 point Moderate = 2 points 1 [riparian braided channels] High = 3 points NOTE: If you have four or more classes or three vegetation classes and open water the rating is always "hi h". Use map of Cowardin vegetation classes H 1.5. Special Habitat Features: (seep. 77) Check the habitat features that are present in the wetland. The number of checks is the number of points you put into the next column. QLarge, downed, woody debris within the wetland (>4in. diameter and 6 ft long). F-71Standing snags (diameter at the bottom > 4 inches) in the wetland =Undercut banks are present for at least 6.6 ft (2m) and/or overhanging vegetation extends at least 3.3 ft (Im) over a stream (or ditch) in, or contiguous with the unit, for at least 33 ft (10m) 2 =Stable steep banks of fine material that might be used by beaver or muskrat for denning (>30degree slope) OR signs of recent beaver activity are present (cut shrubs or trees that have not yet turned grey/brown) =At least V4 acre of thin -stemmed persistent vegetation or woody branches are present in areas that are permanently or seasonally inundated. (structures for egg -laying by amphibians) = Invasive plants cover less than 25% of the wetland area in each stratum of plants NOTE: The 20% stated in early printings of the manual on page 78 is an error. H 1. TOTAL Score - potential for providing habitat i 7' ' Add the scores om H1.1, H1.2, Hl. 3, H1.4, Hl. 5 1 Comments Wetland Rating Form – western Washington 14 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettall H 2. Does the wetland unit have the opportunity to provide habitat for many species? H 2.1 Buffers (seep. 80) Figure 1 Choose the description that best represents condition of buffer of wetland unit. The highest scoring criterion that applies to the wetland is to be used in the rating. See text for definition of "undisturbed. " ❑ 100 m (330ft) of relatively undisturbed vegetated areas, rocky areas, or open water >95% of circumference. No structures are within the undisturbed part of buffer. (relatively undisturbed also means no -grazing, no landscaping, no daily human use) Points = 5 100 m (330 ft) of relatively undisturbed vegetated areas, rocky areas, or open water > 50% circumference. Points = 4 50 m (170ft) of relatively undisturbed vegetated areas, rocky areas, or open water >95% circumference. Points = 4 ❑ 100 in (330ft) of relatively undisturbed vegetated areas, rocky areas, or open water > 25% circumference, . Points = 3 ❑ 50 in (170ft) of relatively undisturbed vegetated areas, rocky areas, or open water for > 50% circumference. Points = 3 If buffer does not meet any of the criteria above ❑ No paved areas (except paved trails) or buildings within 25 in (80ft) of wetland > 95% circumference. Light to moderate grazing, or lawns are OK. Points = 2 ❑ No paved areas or buildings within 50m of wetland for >50% circumference. Light to moderate grazing, or lawns are OK. Points = 2 ❑ Heavy grazing in buffer. Points = 1 ❑ Vegetated buffers are <2m wide (6.6ft) for more than 95% of the circumference (e.g. tilled fields, paving, basalt bedrock extend to edge of wetland Points = 0. ✓❑ Buffer does not meet any of the criteria above. Points =1 Aerial photo showing buffers H 2.2 Corridors and Connections (seep. 81) H 2.2.1 Is the wetland part of a relatively undisturbed and unbroken vegetated corridor (either riparian or upland) that is at least 150 ft wide, has at least 30% cover of shrubs, forest or native undisturbed prairie, that connects to estuaries, other wetlands or undisturbed uplands that are at least 250 acres in size? (dams in riparian corridors, heavily used gravel roads, paved roads, are considered breaks in the corridor). ❑ YES = 4 points (go to H2.3) ❑✓ NO = go to H 2.2.2 H 2.2.2 Is the wetland part of a relatively undisturbed and unbroken vegetated corridor (either riparian or upland) that is at least 50ft wide, has at least 30% cover of shrubs or 0 forest, and connects to estuaries, other wetlands or undisturbed uplands that are at least 25 acres in size? OR a Lake -fringe wetland, if it does not have an undisturbed corridor as in the question above? ❑ YES = 2 points (go to H 2.3) ❑✓ NO = H 2.2.3 H 2.2.3 Is the wetland: ❑ within 5 mi (8km) of a brackish or salt water estuary OR ❑ within 3 mi of a large field or pasture (>40 acres) OR within 1 mi of a lake greater than 20 acres? YES =1 point ✓ NO = 0 points Total for page Wetland Rating Form — western Washington 15 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettail H 2.3 Near or adjacent to other priority habitats listed by WDFW (see new and complete descriptions of WDFW priority habitats, and the counties in which they can be found, in the PHS report http://wdfw.wa.gov/liab/phslist.htnz ) Which of the following priority habitats are within 330ft (100m) of the wetland unit? NOTE: the connections do not have to be relatively undisturbed. spen Stands: Pure or mixed stands of aspen greater than 0.4 ha (1 acre). iodiversity Areas and Corridors: Areas of habitat that are relatively important to various species of native fish and wildlife (full descriptions in WDFW PHS report p. 152). =Herbaceous Balds: Variable size patches of grass and forbs on shallow soils over bedrock. =Old-growth/Mature forests: (Old-growth west of Cascade crest) Stands of at least 2 tree species, forming a multi -layered canopy with occasional small openings; with at least 20 trees/ha (8 trees/acre) > 81 cm (32 in) dbh or > 200 years of age. (Mature forests) Stands with average diameters exceeding 53 cm (21 in) dbh; crown cover may be less that 100%; crown cover may be less that 100%; decay, decadence, numbers of snags, and quantity of large downed material is generally less than that found in old-growth; 80 - 200 years old west of the Cascade crest. =Oregon white Oak: Woodlands Stands of pure oak or oak/conifer associations where canopy coverage of the oak component is important (full descriptions in WDFWPHS report p. 158). =Riparian: The area adjacent to aquatic systems with flowing water that contains elements of both aquatic and terrestrial ecosystems which mutually influence each other. =Westside Prairies: Herbaceous, non -forested plant communities that can either take the form of a diy prairie or a wet prairie (full descriptions in WDFW PHS report p. 161). =Instream: The combination of physical, biological, and chemical processes and conditions that interact to provide functional life history requirements for instream fish and wildlife resources. QNearshore: Relatively undisturbed nearshore habitats. These include Coastal Nearshore, Open Coast Nearshore, and Puget Sound Nearshore. (full descriptions of habitats and the definition of relatively undisturbed are in WDFW report: pp. 167-169 and glossary in Appendix A). =Caves: A naturally occurring cavity, recess, void, or system of interconnected passages under the earth in soils, rock, ice, or other geological formations and is large enough to contain a human. Cliffs: Greater than 7.6 in (25 ft) high and occurring below 5000 ft. =Talus: Homogenous areas of rock rubble ranging in average size 0.15 - 2.0 in (0.5 - 6.5 ft), composed of basalt, andesite, and/or sedimentary rock, including riprap slides and mine tailings. May be associated with cliffs. =Snags and Logs: Trees are considered snags if they are dead or dying and exhibit sufficient decay characteristics to enable cavity excavation/use by wildlife. Priority snags have a diameter at breast height of > 51 cm (20 in) in western Washington and are > 2 in (6.5 ft) in height. Priority logs are > 30 cm (12 in) in diameter at the largest end, and> 6 in (20 ft) long. 4 01f wetland has 3 or more priority habitats = 4 points =If wetland has 2 priority habitats = 3 points QIf wetland has 1 priority habitat =1 point F_JNo habitats = 0 points Note: All vegetated wetlands are by definition a priority habitat but are not included in this list. Nearby wetlands are addressed in question H2.4) Wetland Rating Form — western Washington 16 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettall H 2.4 Wetland Landscape (choose the one description of the landscape around the wetland that best fits) (seep. 84) 0 There are at least 3 other wetlands within %2 mile, and the connections between them are relatively undisturbed (light grazing between wetlands OK, as is lake shore with some boating, but connections should NOT be bisected by paved roads, fill, fields, or other development. points = 5 Q The wetland is Lake -fringe on a lake with little disturbance and there are 3 other lake -fringe wetlands within V2 mile points = 5 3 ✓0 There are at least 3 other wetlands within''/2 mile, BUT the connections between them are disturbed points = 3 Q The wetland is Lake -fringe on a lake with disturbance and there are 3 other lake -fringe wetland within %2 mile points = 3 Q There is at least 1 wetland within %2 mile. points = 2 0 There are no wetlands within %2 mile. points = 0 H 2. TOTAL Score - opportunity for providing habitat $_ Add the scores from H2. 1,H2.2, H2.3, H2.4 TOTAL for H 1 from page 14 _ 7 Total Score for Habitat Functions — add the points for H 1, H 2 and record the result on 15 P. 1 Wetland Rating Form — western Washington 17 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettall CATEGORIZATION BASED ON SPECIAL CHARACTERISTICS Please determine if the wetland meets the attributes described below and circle the appropriate answers and Category. Wetland Type '' Category Check off any criteria that apply to the wetland Circle the Category when the appropriate criteria are met. SC 1.0 Estuarine wetlands (seep. 86) Does the wetland unit meet the following criteria for Estuarine wetlands? 0 The dominant water regime is tidal, ❑ Vegetated, and =With a salinity greater than 0.5 ppt. =YES= Go to SC 1.1 NO ❑✓ SC 1.1 Is the wetland unit within a National Wildlife Refuge, National Park, National Estuary Reserve, Natural Area Preserve, State Park or Educational, Cat. I Environmental, or Scientific Reserve designated under WAC 332-30-151? =YES = Category I =NO go to SC 1.2 SC 1.2 Is the wetland unit at least 1 acre in size and meets at least two of the following three conditions?❑YES = Category I❑NO = Category II ❑ Cat. I =The wetland is relatively undisturbed (has no diking, ditching, filling, ❑Cat. II cultivation, grazing, and has less than 10% cover of non-native plant species. If the non-native Spartina spp. are the only species that cover more than 10% of the wetland, then the wetland should be given a dual ❑ Dual rating (1/II). The area of Spartina would be rated a Category II while the rating relatively undisturbed upper marsh with native species would be a I/II Category 1. Do not, however, exclude the area of Spartina in determining the size threshold of I acre. ❑At least % of the landward edge of the wetland has a 100 ft buffer of shrub, forest, or un -grazed or un -mowed grassland. =The wetland has at least 2 of the following features: tidal channels, depressions with open water, or contiguous freshwater wetlands. Wetland Rating Form — western Washington 18 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Led Wet[ all SC 2.0 Natural Heritage Wetlands (seep. 87) Natural Heritage wetlands have been identified by the Washington Natural Heritage Program/DNR as either high quality undisturbed wetlands or wetlands that support state Threatened, Endangered, or Sensitive plant species. SC 2.1 Is the wetland unit being rated in a Section/Township/Range that contains a Natural Heritage wetland? (this question is used to screen out most sites before you need to contact WNHP/DNR) S/T/R information from Appendix D 0✓ or accessed from WNHP/DNR web site Q YES= — contact WNHP/DNR (see p. 79) and go to SC 2.2 NO SC 2.2 Has DNR identified the wetland as a high quality undisturbed wetland or as or as a site with state threatened or endangered plant species? =YES = Category I NO �not a Heritage Wetland SC 3.0 Bogs (seep. 87) Does the wetland unit (or any part of the unit) meet both the criteria for soils and vegetation in bogs? Use the key below to idents if the wetland is a bog. If you answer yes you will still need to rate the wetland based on its functions. 1. Does the unit have organic soil horizons (i.e. layers of organic soil), either peats or mucks, that compose 16 inches or more of the first 32 inches of the soil profile? (See Appendix B for a field key to identify organic soils)? Yes - go to Q. 3 0 F✓ No -go to Q. 2 2. Does the unit have organic soils, either peats or mucks that are less than 16 inches deep over bedrock, or an impermeable hardpan such as clay or volcanic ash, or that are floating on a lake or pond? =Yes - go to Q. 3 EZI No - Is not a bog for purpose of rating 3. Does the unit have more than 70% cover of mosses at ground level, AND other plants, if present, consist of the "bog" species listed in Table 3 as a significant component of the vegetation (more than 30% of the total shrub and herbaceous cover consists of species in Table 3)? 0 Yes — Is a bog for purpose of rating 0 No - go to Q. 4 NOTE: If you are uncertain about the extent of mosses in the understory you may substitute that criterion by measuring the pH of the water that seeps into a hole dug at least 16" deep. If the pH is less than 5.0 and the "bog" plant species in Table 3 are present, the wetland is a bog. 1. Is the unit forested (> 30% cover) with sitka spruce, subalpine fir, western red cedar, western hemlock, lodgepole pine, quaking aspen, Englemann's spruce, or western white pine, WITH any of the species (or combination of species) on the bog species plant list in Table 3 as a significant component of the ground cover (> 30% coverage of the total shrub/herbaceous covet)? 2.❑YES = Category I Noo Is not a bog for purpose of rating Wetland Rating Form — western Washington 19 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 [:]Cat. I at. I Wetland name or number Lea Wettail Wetland Rating Form — western Washington 20 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 SC 4.0 Forested Wetlands (seep. 90) Does the wetland unit have at least 1 acre of forest that meet one of these criteria for the Department of Fish and Wildlife's forests as priority habitats? If you answer yes you will still need to rate the wetland based on its functions. D Old-growth forests: (west of Cascade crest) Stands of at least two tree species, forming a multi -layered canopy with occasional small openings; with at least 8 trees/acre (20 trees/hectare) that are at least 200 years of age OR have a diameter at breast height (dbh) of 32 inches (81 cm) or more. NOTE: The criterion for dbh is based on measurements for upland forests. Two -hundred year old trees in wetlands will often have a smaller dbh because their growth rates are often slower. The DFW criterion is and "OR" so old-growth forests do not necessarily have to have trees of this diameter. 0 Mature forests: (west of the Cascade Crest) Stands where the largest trees are 80 — 200 years old OR have average diameters (dbh) exceeding 21 inches (53cm); crown cover may be less that 100%; decay, decadence, numbers of snags, and quantity of large downed material is generally less than that found in old-growth. Cat. I Fj AYES = Category I NO✓Onot a forested wetland with special characteristics SC 5.0 Wetlands in Coastal Lagoons (seep. 91) Does the wetland meet all of the following criteria of a wetland in a coastal lagoon? D The wetland lies in a depression adjacent to marine waters that is wholly or partially separated from marine waters by sandbanks, gravel banks, shingle, or, less frequently, rocks The lagoon in which the wetland is located contains surface water that is saline or brackish (> 0.5 ppt) during most of the year in at least a portion of the lagoon (needs to be measured near the bottom) DYES = Go to SC 5.1 NO [Z] not a wetland in a coastal lagoon SC 5.1 Does the wetland meets all of the following three conditions? OThe wetland is relatively undisturbed (has no diking, ditching, filling, cultivation, grazing), and has less than 20% cover of invasive plant species (see list of invasive species on p. 74). 0 At least 3/4 of the landward edge of the wetland has a 100 ft buffer of shrub, forest, or un -grazed or un -mowed grassland. Q Cat. I OThe wetland is larger than 1/10 acre (4350 square feet) DYES = Category I ONO = Category II DCat. II Wetland Rating Form — western Washington 20 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 Wetland name or number Lea Wettall SC 6.0 Interdunal Wetlands (seep. 93) Is the wetland unit west of the 1889 line (also called the Western Boundary of Upland Ownership or WBUO)? DYES - go to SC 6.1 NO E not an interdunal wetland for rating If you answer yes you will still need to fate the wetland based on its functions. In practical terms that means the following geographic areas: 0 Long Beach Peninsula- lands west of SR 103 0 Grayland-Westport- lands west of SR 105 0 Ocean Shores-Copalis- lands west of SR 115 and SR 109 SC 6.1 Is the wetland one acre or larger, or is it in a mosaic of wetlands that is once acre or larger? YES = Category II []NO — go to SC 6.2 Cat. II SC 6.2 Is the unit between 0.1 and 1 acre, or is it in a mosaic of wetlands that is between 0.1 and 1 acre? E:JYES = Category III Cat. III Q Category of wetland based on Special Characteristics 0 Choose the "highest" rating if wetland falls into several categories, and record on EJ P. 1. F-1 If you answered NO for all types enter "Not Applicable" on p.1 0 Wetland Rating Form — western Washington 21 August 2004 version 2 Updated with new WDFW definitions Oct. 2008 2000 Wetland and Buffer Functions and Semi -quantitative Performance Assessment updated 8/04 Wetland # Birlenbach Staff LE nate December 8, 2010 Location s 8 T 27N R 4E N/A = Not Applicable, N/I = No information available Table 1: Determining Wetland Size in Landscape Context Attribute Low (1 pt.) Medium (2 pts.) High (3 pts.) Total Absolute Size <5 acres LU 5-10 acres M > 10 acres 1 Wetland Loss in < 20 %E]20 — 60 % > 60 % Control Basin 2 10 - 30 % forested cover ❑ M ED Size Relative to Other < 100% of average 100 — 200 % of > 200% of average _ located in middle 1/3 of the drainage Wetlands in Basin (on size average size size NWI maps) E] 0 El M Buffer Size < 75 feet Z 75: to 200 feet Ell> 200 feet 1 Buffer Condition > 60% disturbed 20-60% disturbed MI < 20% disturbed 2 If score is _<1.4 then score the question as 1 9 = 5 Relative Size If score is 1.5 to 2.4 then score the question as 2 = 1.8 vegetation > 40 % OBL species If score is 2.5 to 3 then score the question as 3 _ sparse grass/herbs or no veg along _ sparse wood or veg along OHWM 3 dense wood or veg along OHWM Score= 2❑ Function Criteria Group 1 1 pt Group 2 2 pts Group 3 3 pts Flood/ _ size cumulative score (see Table 1) 2 size cumulative score (see Table 1) _ size cumulative score (see Table 1) Storni Water _ riverine or shallow depression 2 mid -sloped wetland _ lake, depressions, headwaters, bogs Control _ < 10 % forested cover 2 10 - 30 % forested cover _ > 30 % forested cover unconstrained outlet _ semi-constrained outlet _ culvert/bermed outlet Points = 10 _ located in lower 1/3 of the drainage _ located in middle 1/3 of the drainage 3located in upper 1/3 of the drainage max 15 Base Flow/ _ Size cumulative score (see Table 1) 2 Size cumulative score (see Table 1) _ Size cumulative score (see Table 1) Ground Water _ riverine or shallow depression 2 mid -sloped wetland _ Iake,depressions, headwaters,bogs Support _ located in lower 1/3 of the drainage _ located in middle 1/3 of the drainage 3located in upper 1/3 of the drainage _ temporally flooded or saturated 2 seasonally or semi -permanently _ permanently flooded or saturated, Points = 10 flooded or saturated or intermittently exposed (max 15) vegetation < 20 % OBL species _ vegetation 20 to 40 % OBL species vegetation > 40 % OBL species Erosion/ _ sparse grass/herbs or no veg along _ sparse wood or veg along OHWM 3 dense wood or veg along OHWM Shoreline OHWM Protection _ wetland extends <30 m from 2 wetland extends 30 - 60 m from _wetland extends > 200 m from OHWM OHWM OHWM Points = 7 _,20% shoreline developed 2 20 to 60% shoreline developed _>60% shoreline developed (max 9) Water Quality _ rapid flow through site 2 moderate flow through site _ slow flow through site Improvement _<50%veg cover 2 50-80%cover _>80%veg cover _ Q0% of basin upstream from _ 20 to 50% of basin upstream from 3 > 50% of basin upstream from Points =11 wetland is developed wetland is developed wetland is developed (max 15) _ result from Table 2 2 result from Table 2 _ result from Table 2 Soil coarse -gravel, Sand, sandyloam 2 Soil organic mineral mix Soil heavy organic muck and peat 2000 Wetland and Buffer Functions and Semi -quantitative Performance Assessment updated 8/04 Wetland # Birlenbach Staff LE _Date December 8, 2010 Table 2: Overland Flow Contained in Wetland Attribute Low (1 pt.) Medium (2 pts.) High Q pts.) Total Configuration Plate -shaped Shallow bowl- Deep Bowl - _ ag land, low veg structure 2 2 layers of vegetation _ high veg structure shaped 2 sha ed _ permanent surface water Drainage Basin Size < 2 acres 2-5 acres 2 > 5 acres _ > 3 habitat types 2 PAB POW PEM PSS PFO EST Outlet Unconstrained 1 Semi -constrain Constrained ❑ ❑ ❑ ❑✓ ❑✓ ❑ 1 Input Groundwater Surface flow and Surface flow _ > 50 % invasive species 2 10 to 50 % invasive species only ❑ groundwater2❑ ❑2❑ 2 moderate organic accumulation Basin Condition"' <20% 20-40% >40% _ high organic export impervious ❑ impervious ❑ impervious 3❑ ❑3 Flow Contained 2 buffers slightly disturbed _ buffers not disturbed (max 36) 10 _ 5 I partially connected to upland habitats well connected to upland habitats Overall _size cumulative score (see Table 1) = 2.0 _size cumulative score (see Table 1) Habitat _ low habitat diversity 2 moderate habitat diversity Score= ❑2 Natural _ size cumulative score (see Table 1) 2 size cumulative score (see Table 1) _ size cumulative score (see Table 1) Biological _ low connectivity to veg'd buffers 2 mod connectivity to veg'd buffers _ high connectivity to veg'd buffers Support _ ag land, low veg structure 2 2 layers of vegetation _ high veg structure seasonal surface water _ permanent surface water _ open water pools through summer _ one habitat type 2 two habitat types _ > 3 habitat types PAB POW PEM PSS PFO EST PAB POW PEM PSS PFO EST PAB POW PEM PSS PFO EST ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑✓ ❑✓ ❑ ❑ ❑ ❑ ❑ ❑ ❑ _ low plant diversity (< 6 species) 2 moderate plant diversity (7-15 spp) _ high plant diversity (> 15 spp) _ > 50 % invasive species 2 10 to 50 % invasive species _ < 10% invasive species _ low organic accumulation 2 moderate organic accumulation _ high organic accumulation _ low organic export 2 moderate organic export _ high organic export _ few habitat features 2 some habitat features _ many habitat features Points = 23 _ buffers very disturbed 2 buffers slightly disturbed _ buffers not disturbed (max 36) _ isolated from upland habitats I partially connected to upland habitats well connected to upland habitats Overall _size cumulative score (see Table 1) 2 size cumulative score (see Table 1) _size cumulative score (see Table 1) Habitat _ low habitat diversity 2 moderate habitat diversity _ high habitat diversity Functions _ low sanctuary or refuge 2 moderate sanctuary or refuge _ high sanctuary or refuge Points = 6 (max 9) Specific _ low invertebrate habitat 2 moderate invertebrate habitat _ high invertebrate habitat Habitat _ low amphibian habitat _2 moderate amphibian habitat _ high amphibian habitat Functions 1 low fish habitat _ moderate fish habitat _ high fish habitat Points = 9 _ low mammal habitat -1 moderate mammal habitat _ high mammal habitat (max 15) — low bird habitat 2 moderate bird habitat — high bird habitat 2000 Wetland and Buffer Functions and Semi -quantitative Performance Assessment updated 8/04 wetland # Birtenbach Staff LE __Date December 8, 2010 Cultural/ low educational opportunities _ moderate educational opportunities _ high educational opportunities Socioeconomic _low aesthetic value 2 moderate/aesthetic value _ high aesthetic value 1 lacks commercial fisheries, —moderate commercial fisheries, _ high commercial fisheries, agriculture, renewable resources agriculture, renewable resources agriculture, renewable resources lacks historical or archeological _ historical or archeological site _ important historical or archeological resources _ some passive and active recreational site Points = 7 lacks passive and active recreational opportunities _ many passive and active recreational (max 18) opportunities opportunities privately owned _ privately owned, some public access unrestricted public access Total Points= 81 (max 132) Dominant Vegetation: Wildlife: Notes: Q z } 5?ND AVEW wO cL <--- ! G `G a O S d _ w H w (e�Jq�y 2 -a w ~ Z f1Y F_ ti d p - N O > O l7 d w J d V '^ 7ibN N p0 dp O o a @ W w q t7 N�{v .c N O� LO Z OM U v W N N Cod ZhN- < LO Z U dc¢i .i cot6 NawH 'W0 wO hc ° w ¢dm 0 ti o d d 72NDAVEW Jtbo >E O m N w a (n 0) U m w 3 m m N � C Q m ti W 1 N a� W �1 NmO w w a c o Sc m m w -- dz w d �a waw z Al �Q If At oAt o3�N I1ar At VitI 1 Y a�I if 1 I I 11 11 a a 73 a- LU �1 I �I �{ �I i �I 1 �i 1 �I �i � H Q -xQY At �I �I� II �I AI�I If �I o no .I I1 w x�l �I �1 �I d' �� �I It 0.4 N Z I 1I �I I1' I`1I �1 jl; Al �I It. " I•-" �I II AI �1 11 r �1. It q 41 11 It; 'AI 11 11 r'.1 It 11 t 1 1 If It !C n �I 'o=�I o,1'1 AI II �I �I �I W o w w N m x ga. �I ! 1I It �1 : ; M w ~ ¢ z o 4 �If ` Al II I, i1 11 of o ZD W d �' Q' o O d �I c p Q> N O w a �I 11 41' m� �' u� �I J . e S�III It `t,�lI `it 91 It . -260'._"- NI �I 255' azk w "250 = 1,� 245._ i11 d'' p l I �I 240 ""'tax, w e. 235r Al 11 w ca LLi 230 w " 3 x'«',,,r�ll O V A- m w ❑ 225 �` t ` i ws. -u -x GS' I ! � 11I i 411, 111 w O 220 �• r, : '« "'' E ,t^ .1�, ,� �I,I N -- 215 m - 210. a wi _ I =:„vlI .. 205' ,.-- g ..�I.- _...�I It m Z w It 11 i It If 111, At f At It co 3 0 W ' w , m m 0 m NELSON GEOTECHNICAL N If= A ASSOCIATES, INC. GA GEOTECHNICAL ENGINEERS & GEOLOGISTC-2 Main Office 17311 — 135`h Avenue NE, A-500 Woodinville, WA 98072 (425) 486-1669 FAX (425) 481-2510 (425) 337-1669 Snohomish County December 23, 2010 Ms. Sabine Birlenbach 22613 93`d Place West Edmonds, WA 98020 Slope Stability Letter — Recent Tree Removal 1652072 d Avenue West Edmonds, Washington NGA File No. 836710 Dear Ms. Birlenbach: Engineering -Geology Branch 437 East Penny Road Wenatchee, WA 98801 (509) 665-7696 FAX (509) 665-7692 REC'EjVEF___ DEC 36DF► VE-LOPMENT SEF COUNTER This letter presents our opinions and recommendations regarding slope stability and recent tree removal at the residential property located at 16520 72nd Avenue West in Edmonds, Washington. INTRODUCTION We understand that trees within the eastern portion of the site were recently pruned and/or cut down. Approximately 13 trees were pruned in accordance with the City of Edmonds approval, however, approximately 25 trees were cut/pruned not in accordance with the City's approval. We understand that the City of Edmonds has requested our opinion and recommendations regarding the recent tree cutting activities and potential slope stability concerns. For our use in preparing this letter, we have been provided with a critical areas study and tree restoration plan titled `Birlenbach — 72nd Avenue West," dated December 14, 2010, prepared by Wetland Resources, Inc. In general, this study recommends that approximately 50 trees be planted to replace the 25 trees that were pruned or cut down. SITE OBSERVATIONS We visited the site on December 21, 2010 to observe current surficial conditions. The subject area consists of a ravine/wetland area to the south and west of the site driveway. A steep slope descends along Attachment 6 Slope Stability and Recent Tree Removal 1652072 nd Avenue West Edmonds, Washington December 23, 2010 NGA File No. 836710 Page 2 the southern side of the driveway to the ravine wetland area at a gradient of approximately 30 degrees (58 percent). The steep slope varies in height from approximately 10 to 20 feet. We observed that the slopes were vegetated with young to mature deciduous and evergreen trees and brush. Trees were pruned and/or cut down and stumps were left in place on the slopes. The tree debris was left in place and was not removed from the area. We also observed that two storm drains were located along the driveway that outlet on or near the steeply sloping area. One drain is located along the eastern portion of the site that appears to handle runoff from the eastern portion of the driveway. This pipe outlets within the steep slope area onto rock spalls and larger quarry rocks. The second pipe is located within the central portion of the driveway and outlets to the south of the driveway onto rock spalls built up around the pipe. We were unable to determine the inlet of this pipe or source of runoff. We did not observe any significant signs of sliding on the slopes during the time of our visit, however, minor amounts of erosion were observed at the outfalls of the stormwater pipes. OPINIONS AND RECOMMENDATIONS It is our opinion that the recent tree cutting activities do not appear to have adversely impacted the stability condition of the slopes within the immediate vicinity of the cut down trees. It is also our opinion that the proposed vegetation management plan provided by Wetland Resources, Inc. is adequate and in line with Edmonds Development Code 23.40 and 23.80. We recommend that all debris be removed from the steep slopes or be repositioned to the more flat areas below the slope under the direction of Wetland Resources. Most of the debris is already down on the slightly sloping areas and we anticipate that minimal debris repositioning will be needed. Any areas that are disturbed during debris tree removal/repositioning should be covered with erosion control matting and restored with vegetative cover. If erosion control matting is needed, we recommend using a Contech TRM C-35 matting or equivalent. We also recommend that the drains that outlet on the slope be further investigated and tightlined down to the creek/ravine area to limit erosion on and below the steeply sloping portions of the site. Alternatively, the drain outfall areas should be improved through the placement of additional rip rap to reduce the erosion potential. We should be retained to observe site conditions after the restoration plan has been implemented. NELSON GEOTECHNICAL ASSOCIATES, INC. Slope Stability and Recent Tree Removal 1652072 nd Avenue West Edmonds, Washington December 23, 2010 NGA File No. 836710 Page 3 CLOSURE All people who own or occupy homes on hillsides should realize that landslide movements are always a possibility, although the likelihood is low that such an event will actually occur within this site. Because of the existing conditions, the site should be periodically inspected by the landowners, especially after winter storms. If distress is evident, we should be contacted for advice on remedial/ preventative measures. The probability that landsliding will occur is substantially reduced by the proper maintenance of drainage measures, protection of the slope, and vegetation management at the site. Therefore, the owners should recognize the responsibility for performing such maintenance. The observations, conclusions and recommendations presented in this letter are based on limited surficial observations and should not be construed as a warranty of subsurface conditions. Although we expect site conditions to be as discussed herein, some variations in subsurface conditions could occur. Should conditions other than those discussed above be encountered, we should be notified for review and comment. Additional or alternative recommendations may be required. NELSON GEOTECHNICAL ASSOCIATES, INC. Slope Stability and Recent Tree Removal 16520 72nd Avenue West Edmonds, Washington December 23, 2010 NGA File No. 836710 Page 4 We appreciate the opportunity to provide service to you on this project. If you have any questions or require further information, please call. Sincerely, NELSON GEOTECHNICAL ASSOCIATES, INC. . .. ....... Lee S. Bellah, GIT Staff Geologist k" V Khaled M. Shawish, PE Principal LSB:K-MS:1,,mn Three Copies Submitted I,? C. 1591, CITY OF EDONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 Website: wwwdedmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering September 18, 2009 Ms. Sabine Birlenbach 22613 — 93`d Place West Edmonds, WA 98020 Subject: Tree Maintenance at 16520 — 72nd Avenue West Dear Ms. Birlenbach: GARY HAAKENSON MAYOR You submitted a request to the City to reduce the crowns of 26 previously topped trees on Stephen and Judee Lea's property addressed 16520 — 72nd Avenue West. As part of your request, you submitted an arborist report by Sean Dugan with Tree Solutions Inc, on January 22, 2009 and submitted addendums to Mr. Dugan's report on July 6, 2009 and August 7, 2009 in response to my requests for additional information regarding the proposal. Additionally, as required by the critical areas code, you submitted a biologist report by Colin Macdonald with Restoration Logistics, LLC on July 6, 2009 and submitted an addendum to Mr. Macdonald's report on August 7, 2009 in response to my request for additional information. You also submitted a critical areas checklist on September 9, 2009 for the two parcels that comprise the Lea's property (File No. CRA20090074). I visited the site and issued a critical areas reconnaissance report today. As stated in my reconnaissance report (enclosed), the site appears to contain and/or be adjacent to various critical areas including landslide and erosion hazard areas, a stream, wetland, and a mapped fish and wildlife habitat conservation area as defined by the City's critical areas code requirements of ECDC 23.40 through 23.90. The reports by Mr. Dugan and Mr. Macdonald conclude that the proposed crown reduction work should be considered routine landscape maintenance and gardening, which is exempt from tree cutting permit requirements pursuant to ECDC 18.45.030. The reports state that the work should be considered routine maintenance because the trees that are proposed for crown reduction have been topped in the past. The addendum by Mr. Dugan submitted on July 6, 2009 also states that the work should be considered routine maintenance due to a private agreement made for protection of views from your property across the Lea's property. Please note that the City does not enforce private agreements and cannot provide exemptions to City code due to such agreements. Although in this case the City has determined that the proposed crown reduction of the 26 previously topped trees can be considered maintenance due to the fact that the trees have previously been topped, this approval shall in no way give the impression that the City will allow work outside the scope of this proposal, particularly the topping of any trees that have not previously been topped including the trees to be planted as mitigation for the proposal, without proper review and approvals. The proposed work as specified in the report and addendums by Sean Dugan with Tree Solutions Inc. and by Colin Macdonald with Restoration Logistics, LLC received on January 22, July 6, and August 7, 2009 is approved as routine maintenance under the exemption of ECDC 18.45.030. As this work is considered ® Incorporated August 11, 1890 Sister City - Hekinan, Japan Attachment 7 to be routine maintenance, the crown reduction shall only be made to the level of the previous reduction cut as stated in Mr. Dugan's report received on January 22, 2009. This approval is not for the removal of these trees nor for reducing the height below the level of the previous reduction cut. Due to the proposal's location within and adjacent to various critical areas and/or buffers, any trees that do no survive must be replanted at a ratio of 2:1 with one of the species identified in Mr. Dugan's addendum received on August 7, 2009. Additionally, since Mr. Macdonald determined that the proposed work will have a limited impact on the ecological functions of the site, the mitigation recommendations provided in Mr. Macdonald's addendum received on August 7, 2009 must be followed. These mitigation measures include planting four vine maple, four beaked hazelnut, and eight red elderberry as well as removal of any invasive species from the area, particularly Himalayan blackberry, must be completed following the canopy reduction work. Due to the requirement for the mitigation measures stated in Mr. Macdonald's addendum received on August 7, 2009, an inspection will be required. Please submit a letter immediately following the crown reduction and mitigation work stating that the mitigation work has been completed as specified within the reports by Mr. Dugan and Mr. Macdonald. Once you submit this letter, I will conduct an inspection. Please be advised that any future work on this property may require further critical areas study and/or reports by qualified professionals. If you have any questions, and to call to schedule the inspection of your mitigation work, you may contact me at (425) 771-0220, extension 1224. Sincerely, Development Services Department - Planning Division Jen Machuga Planner Encl.: Critical Areas Reconnaissance Report and Map Cc: Stephen and Judee Lea 16520-72 nd Avenue West Edmonds, WA 98026 Page 2 of 2 4? C. 1890 May 13, 2010 CITY OF E D M O N D S GARY HAAKENSON MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-771-0221 Website: wwwxi.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Ms. Sabine Birlenbach 22613-93 d Place West Edmonds, WA 98020 Subject: Tree Cutting at 16520 — 7.2nd Avenue West Dear Ms. Birlenbach: You submitted a request last year to reduce the crowns of 26 previously topped trees on Stephen and Judee Lea's property addressed 16520 — 72nd Avenue West. As part of your request, you had submitted reports by Sean Dugan with Tree Solutions Inc. and Colin Macdonald with Restoration Logistics, LLC. In their reports, Mr. Dugan and Mr. Macdonald stated that the proposed crown reduction should be considered routine landscape maintenance since the trees had been topped in the past and concluded that the proposed crown reduction should be exempt from the requirement for a tree cutting permit pursuant to Edmonds Community Development Code (ECDC) 18.40.030. I sent you a letter on September 18, 2009 stating that the proposed crown reduction would be exempt from tree cutting permit requirements; however, as I specified in my letter, "This approval is not for the removal of these trees nor for reducing the height below the level of the previous reduction cut." On April 2, 2010, I met you on site to inspect the work that had been done. At that time, it was noted that the work conducted exceeded what was stated in your proposal. The crowns were completely cut off of many trees, while others were cut to tall stumps. This is not considered crown reduction; it is considered tree cutting and is subject to the tree cutting permit requirements of ECDC 18.45. Therefore, the action taken is considered a violation, and corrective action is required. In addition to being in violation of the tree cutting regulations of ECDC 18.45, the activities conducted are also in violation of the critical areas code requirements of ECDC 23.40 through 23.90. Since the subject site contains and/or is adjacent to several critical areas, including landslide and erosion hazard areas, a stream, wetland, and a mapped fish and wildlife habitat conservation area, all activities at this site are subject to the critical areas code requirements of ECDC 23.40 through 23.90. A critical areas reconnaissance report (File No. CRA20090074) describing these critical areas and the applicable code sections was sent to you as part of my letter on September 18, 2009. Since the work that was conducted would have required a tree cutting permit as well as approval under the critical areas code, you must submit a tree cutting permit application to the City. An application form is included for your convenience. You may refer to ECDC 18.45 for application submittal requirements as well as ECDC 23.40 through 23.90 for supplemental critical areas report requirements. Your application shall contain the following items: - Land use application form signed by the property owner. - Adjacent property owners list. Incorporated August 11, 1890 Sister City - Hekinan, Japan Attachment 8 - Site plan (scaled at 1"=30' or larger) showing the following: • 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), and location, size and species of all replacements. • Topography and all critical areas and buffers. • Location of existing structures, driveways and utilities. • Other information required by code. • Two large copies of the site plan are required and one reduced copy (11" by 17" or smaller) must also be submitted. 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. - A report by a qualified biologist meeting the applicable critical areas requirements of ECDC 23.40, 23.50, and 23.90. - A report by a qualified geotechnical engineer meeting the applicable critical areas requirements of ECDC 23.40 and 23.80. - Restoration plan describing replanting and maintenance and addressing the requirements of ECDC 23.40.240. For your reference, you can find the code sections referenced in this letter online via the following link: http://www.mrsc.org/mc/edmonds/Edmondsnt.html. A complete application for a tree cutting permit, including all required arborist and critical areas reports and, restoration plans must be submitted to the City no later than 4:00pm on Thursday, June 3, 2010. Additionally, please contact me at your earliest convenience by Thursday, May 27, 2010 in order to review your compliance plan. An Order to Correct Violation Notice is issued if no contact is made by May 27, 2010. Please note that the City may levy civil penalties against any person in violation of the tree cutting and critical areas codes. 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 Cc: Mike Thies, Code Enforcement Stephen and Judee Lea 16520-72 nd Avenue West Edmonds, VIA 98026 Page 2 of 2 CITE OF EDMONDS - PLANNING DIVISKiN REQUEST FOR COMMENT FORM PW -Engineering Fire PW - Maintenance 0 Parks & Rec. Building' Treatment Plant 11 Economic Dev. Project Number: PLN2010-0079 Applicant's Name: SABINE BIRLENBACH Property Location: 16520 72ND AVE. W. Date of Application: 12/30/10 Date Form Routed: 1/4/11 Zoning: SINGLE FAMILY RESIDENTIAL (RS -20) Project Description: CONDITIONAL USE PERMIT FOR TREE REMOVAL "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 1.19.11 If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 Name of Individual Submitting Comments: Z,�( iftnL Zig 1 Title: El I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): JAN UVI610N The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date Signc 'TI•s S Attachment 9 Date: To: From: Subject: Ma'; 1/ t� 7_�►�n11��\ � January 18, 2011 Jen Machuga, Planner JoAnne Zulauf, Engineering Technician PLN20100079 — Tree Cutting Sabine Birlenbach —16520 72nd Ave W The comments provided below are based upon review of the application and documents submitted for the tree cutting that has occurred at 16520 72 Ave W. The Engineering Division gives approval for this permit on the condition that all requirements of the Nelson Geotechnical Associates report dated December 23, 2010 and any subsequent report requirements are met. Thank you. City of Edmonds VD. Project Number:_ Applicant's Name: Property Location:_ Date of Application: 12/30/10 Date Form Routed: 1/4/11 Zoning: SINGLE FAMILY RESIDENTIAL (RS -20) Project Description: CONDITIONAL USE PERMIT FOR TREE REMOVAL "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 1.19.11 If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 Name of Individual Submitting Comments: Title:�-- I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. ❑ I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Commenfs'(please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: Signature: Phone/E-mail: Attachment 10 CITY OF EDMONDS - PLANNING DIVISIUN REQUEST FOR COMMENT FORM El PW -Engineering Fire PW - Maintenance Parks & Rec. Building' Treatment Plant 0 Economic Dev. Project Number: PLN2010-0079 Applicant's Name: SABINE BIRLENBACH Property Location: 16520 72ND AVE. W. Date of Application: 12/30/10 Date Form Routed: 1/4/11 Zoning: SINGLE FAMILY RESIDENTIAL (RS -20) Project Description: CONDITIONAL USE PERMIT FOR TREE REMOVAL "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 1.19.11 If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 Name of Individual Submitting Comments: Title:�r� 1 have reviewed this land use proposal El I have reviewed this land use proposal for my department and have for my department and have concluded that IT (MOULD NOT AFFECT concluded that IT (MOULD AFFECT MY MY DEPARTMENT, so I have no DEPARTMENT, so I have provided comments. My department may also comments or conditions below or review this project during the building attached. permit process (if applicable) and reserves the right to provide additional comments at that time. Co encs (please attach memo if additional space is needed): C c �iL4 i tom' i. �✓-Ct-/` rY SYi✓c-L.�' 7�� 1.�+�L c..� �'�-v�,.�mae l.� �'ri c�m�'C � LsJ . (c� /-t'�3.. The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: Signature: Phone/E-mail: Attachment 11 CIT 1.OF EDMONDS —PLANNING DIVISIuN REQUEST FOR COMMENT FORM El PW -Engineering Fire PW - Maintenance Parks & Rec. 0 Building" Treatment Plant Economic Dev. Project Number: PLN2010-0079 Applicant's Name: SABINE BIRLENBACH Property Location: 16520 72ND AVE. W. Date of Application: 12/30/10 Date Form Routed: 1/4/11 Zoning: SINGLE FAMILY RESIDENTIAL (RS -20) Project Description: CONDITIONAL USE PERMIT FOR TREE REMOVAL "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE ' THIS FORM WAS ROUTED: DUE BY 1.19.11 If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 Name of Individual Submitting Comments: 1 �- Title: f�N ' ' �4,�i — I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT, so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): ryLD Com' The following conditions should be attached to this permit to ensure compl' requirements of this department (please attach memo if additional space is neer Date Signc Phon SNOAOMISH c0 FIRE John J. Westfall Fire Marshal jwestfall@firedistriet1. orgl 12425 Meridian Ave. Everett WA 98208 phone: 425-551-1200 fax: 425-551-1249 www.firedistrict1.org Attachment 1 On the 10th day of February, 2011, the attached Notice of Application and Comment Period was posted as prescribed by Ordinance and in any event where applicable on or near the subject property. 1, Jennifer Machuga, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 10th day of February, 2011, at Edmonds, Washington. Signed Notice posted near eastern side of Parcel No. 00513100008701 (eastern parcel addressed 16520 72 d Ave. W). Notice posted at southwest comer of intersection of 72nd Ave. W and 165" Pl. SW. {BFP747892.DOC;1\00006.900000\ ) Attachment 13 • 1 1 l l i- O L Ed QJ cf) C Cf) ® M �r O �-- CCS CII O O O r--4ti N s Ca O O N O 0 +' N Ny :w h s, Z� U Q Oc"I O C) Vcd r-)a.)Ln O CL co NO U O. CB Q M LO i N 0 En ..r byA p® O N U y L cd 4 N L- - O C C O � O D O s U tf> Co ® U U Q:E- U 7 E LL cd ® N - O �M 0 0 0 0 0 Cd ®� NON o O + aU p Q, _ m O ;n E ® O ® U" cts o ...t 00 roTl " nv co E �d Q O L a) N �' C o C a> Cd .- CO cdU - .Q a) ' ` f� S®® .iir---ill iCV-I (V ��-1 (D -� ?-1 � o 0- � - Ca � = L �_ � —� = U U � Qi O U ®® - $�� • U � Q O �, � a) 0_ � Cl U D- 0.- Cd 0 CV O 4 Qpm ® -f--• a) .� A-1 Q� Qi Q] • M � A•YM J ^ .�M )-i ry �Y-9 U VT -3U 0 U O 4 O O .� ® ® U Q i N (u U ®00(D U Qi -!O HCn •�CIIb--- Pcn cli AM Co c O JC/)- C ad U® UO —� (D �' O O O Ui� M� V +�- �O U O O Cn c(s CCS -n O® ti O •rCO~-, C N E > J O 0 o ® a E a, Q cu - '"J a) -CD Q d' O U v CX3Z LU 0 CCS (D._ 4) O' N CUS QJ - C® O CU + S� � +�"" ! .r O E — CCS N r- aD a> cu > -' CL CO co Q ~ ' ® O S� ® C _ O O N Q a .�. .� U L >+ LL � �U a) N �i Cd Cd 4] r. O C� N U O C O� N `- U cd Cd _ m L2coU Cn _ c2 m E o 0 C� � a) LO u, o a) ® as �; a-� cis cc CO 0 a) cd ® N O Cd bo +U P � 4- O 0 O 0 U m O O Q- .® .- 0 Cd bD t$Z14 bA o s� ® 7� C a0 Y) (--) Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. Signature of Applicant or Applicant's Representative Subscribed and sworn to before me this � day of /3-C (X `M 19Y -)r, 2o16, 0 Notary Public in and for the State of Washington Residing at c )\ L1���j ®®` 4QUISFA `fit �s 'rte CON Q� j N.1 i AvBI,`C' 0 F��R FOr 16►AA�` 'N ac1.�,tW.,•: 3/3/2010 P2 - Adjacent Property Owner list.doc Attachment 1 00513100008704 12/29/2010 GREEN CLARENCE O & ROS or RESIDENT 73270 OLYMPIA PL THOUSAND PALMS, CA 92276 005 31008 0 R 12/29/2010 LEA EP RESIDENT 16520 D AVENUE W ED NDS, WA 98020 00513100009400 12/29/2010 WLFB INVESTMENTS LLC or RESIDENT 19125 94TH AVE W EDMONDS, WA 98020 00513100010513 12/29/2010 GASPERS PAMELA & BRETT or RESIDENT 16623 74TH PL W EDMONDS, WA 98020 00513100008702 12/29/2010 BIRLENBACH ERNST or RESIDENT 16510 72ND AVE W EDMONDS, WA 98026 00513100010502 112/29/2010 RUCKER PAUL M or RESIDENT 16624 72ND AVE W EDMONDS, WA 98026 00513.100008703. 12/29/2010 SAGDAHL RICK & LORRAIN or RESIDENT 16500 72ND AVE W EDMONDS, WA 98026-4909 00513100008803 12/29/2010 LIEU CHARLENE A or RESIDENT 16515 74TH PL W EDMONDS, WA 98026-4911 00461600001100 12/29/2010 DANCS LOUIS or RESIDENT 7218 164TH PL SW EDMONDS, WA 98026-4930 00461600000800 12/29/2010 WALTERS GERALD A & PAU or RESIDENT 7314 164TH PL SW EDMONDS, WA 98026-4931 T w1096S @AU3AWa _ v 00461600001000 12/29/2010 BARTOL KEITH W or RESIDENT 7304 164TH PLACE S W EDMONDS, WA 98020 00513100008804 12/29/2010 GRIER DOUG or RESIDENT 16431 74TH PL W EDMONDS, WA 98020 00513100010505 12/29/2010 BLEVINS DEAN A or RESIDENT 16606 72ND AVENUE WEST EDMONDS, WA 98020 00461600000300 12/29/2010 CHRISTENSEN DAVID B or RESIDENT 7302 164TH PL SW EDMONDS, WA 98026 00513100008705 12/29/2010 DUGAN PETER or RESIDENT 16612 72ND AVE W EDMONDS, WA 98026 00513100010506 12/29/2010 DUGAN>72 dr RESIDENT 16612 E W EDMO,WA 98026 00513100008902 12/29/2010 GRIER DOUGLAS H or RESIDENT 16431 74TH PL W EDMONDS, WA 98026-4910 00513100008901 12/29/2010 NYLANDER LANCE A or RESIDENT 16411 75TH PL W EDMONDS, WA 98026-4914 00461600001200 12/29/2010 MITCHELL VINCENT or RESIDENT 7212 164TH PL SW EDMONDS, WA 98026-4930 00461600000900 12/29/2010 MURTHY VENKATESHA or RESIDENT 7306 164TH PL SW EDMONDS, WA 98026-4931 Wla6p3 dN-dod asodxa jaded P80A 01 gull 6uole puag 00513100008701 12/29/2010 LEA STEPHEN JR & JUDEE or RESIDENT 16520 72ND AVENUE W EDMONDS, WA 98020 00513100009006 12/29/2010 SUCHERT R E DR ET UX or RESIDENT 540 12TH AVE NORTH EDMONDS,, WA 98020 00513100010509 12/29/2010 PURCELL DOUGLAS W or RESIDENT 16614 72ND AVE W EDMONDS, WA 98020 00461600000500 12/29/2010 EDWARDS JONATHAN D or RESIDENT 7317 164TH PL SW EDMONDS, WA 98026 00513100008802 12/29/2010 CONNER JANICE or RESIDENT 16525 74TH PL W EDMONDS, WA 98026 00461600001300 12/29/2010 SOVEREL PETER W or RESIDENT 16430 72ND AVE W EDMONDS, WA 98026-4908 00513100008903 12/29/2010 TORRANCE ROBERT C or RESIDENT 16429 74TH PL W EDMONDS, WA 98026-4910 00461600000200 12/29/2010 SANDERSON RICHARD & JE or RESIDENT 7219 164TH PL SW EDMONDS, WA 98026-4929 00461600000600 12/29/2010 HARNOIS MALCOLM M & GI or RESIDENT 7320 164TH PL SW EDMONDS, WA 98026-4931 00513100009401 12/29/2010 QUISENBERRY LARRY R & or RESIDENT 16621 76TH AVE W EDMONDS, WA 98026-5000 I 009LS aleldwa.LOAJOAV asq nage/ 01aad Ase3 wornaane'/VVV A I 00513100008805 12/29/2010 IZDEPSKI BRIAN A or RESIDENT 16605 74TH PL W EDMONDS, WA 98026-5100 005131001051 12/29/2010 GASPE S RETT V or RESIDENT 1662A- EDMOND H PL W , WA 98026-5116 00513100008904 12/29/2010 FONG TO / BENNETT V or RESIDENT 735 N 18 ST SHORE INE, WA 98133 I OF ulna —41-4 -1 q —H—d® I I --I-- c a-[!Jcf a0{{wnu!4;1 00513100010508 12/29/2010 00513100009500 12/29/2010 SCHEAR HELGA H or RESIDENT WEAVER FRANCES E or RESIDENT 16618 72ND AVE W 16630 74TH PL W EDMONDS, WA 98026-5100 EDMONDS, WA 98026-5116 00461600000400 12/29/2010 00461600000700 12/29/2010 GOUGH JOHN T OR DORIS or RESIDENT FONG TOMMY / BENNETT V or RESIDENT 6850 36TH N E 735 N 185TH ST SEATTLE, WA 98115 SHORELINE, WA 98133 �Illllllll�lllllnlllllnllnlll 00513100010512 12/29/2010 Sabine Birlenbach LENSKI GERHARD E or RESIDENT PO BOX 409 22613 93rd PI. W. HANSVILLE, WA 98340 Edmonds, WA 98020 T rwla6P3 dD-dod asodxa waded paaj 009LS aleldwa11 l ®RaaAv asq wi096S @ o; aull 6uole pua8® slagel (@190d/(seg E k J FILE NO.: PLN20100079 Applicant: BIRLENBACH On the 10th day of February, 2011, the attached Notice of Public Hearing was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Diane Cunningham, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 10th day of February, 2011 at Edmonds, Washington. Signed:�'� {BFP747887.DOC;1\00006.900000\ } Attachment 15 OC OC ZD ::D O 0- a) U N U cu O U O 0) U O ° CL N (3) +C/)u).D. o N L O fi 0 0 0 -0 ui a� — N co O > °O m W, t a`> C �U) a ca N � CB N U O C O u,,)E `— Q 0 O N 'U N O O LO CU cu ti a)N E LL o - p C C O N O .- E 0 p U 0O U Q Q Q Z _ _ cv c (n a) — CZ Q Q i C O O U C 'L 0 p p Q Q U CL cu C) _ cv c (n a) — Q Q Q 0 ,C i C6 cm O C- Q Q U U z E C a) E cu 0 coC Z 0 DU 0- CL0 F—� O~ C 'O O _" -0 cn O .L O J U) C O p •Q O O 'a cn "O U CB C Q M 3 O (c3 U) O" E M O cu - Q O W N m m c E N� Z CC5 0c CD (D Zvi o cv E � • _a — — ai > N F a� � E cv U O_ U) m ~ 4� O Q > L U- O co N NU CD- N 0C O 0 v m m� O C (6 0 N -02:11 E m O U)C6 Q) p -p 4- U UC =3 N LO O N C E •Q O ON U� Qa Q o 0 0 0 0 C O O U CSE 0 p p Q Q U CL cu C) U (v Q Q Q 0 Q O C- Q Q U U z E a) a) E cu Z 0 DU 0- CL0 1 4- I T7 4 A, A. A, A,* A It- ;, -Su. e ct -P ro p e rtvj, - YA.0 16 04'm m It 2 n d NO NO 5/,Olo: ml� R -S-21,29' 164TH PL SW J 4- Al YZ 4� Atr 31� �-A 1 -3w �� ofEDAj 0 /--,oning and Vicinity Map 01 File No. PLN20100079 I 75 50 300 Feet I STATE OF WASHINGTON, COUNTY OF SNOHOMISH S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of r THE HERALD, a daily newspaper printed and published in the City of Everett, County of NOTICE OF DEVELOPMENT APPLICATION Snohomish, and State of Washington; that said newspaper is a newspaper of general -= circulation in said County and State; that said newspaper has been approved as a legal i,' 1 aso ^ newspaper by order of the Superior Courtof Snohomish County and that the notice NAME OF APPLICANT: Sabine Birlenbach DATE OF APPLICATION: 12/30/10 DATE OF COMPLETENESS: 1/27/11 DATE OF NOTICE: 2/10/11 Notice of Development Application FILE NO.: PLN20100079 PROJECT LOCATION: 16520 - 72nd Ave. W, Edmonds, WA PROJECT DESCRIPTION: Sabine Birlenbach This is a post -event permit application. The applicant cut trees in critical areas and associated buffers without proper permit approval at the above referenced site, owned by Stephen and PLN20100079 Judea Lea. The parcel is zoned Single Family Residential (RS -20). Tree cutting permits are Type II permits. Since the site contains identified critical areas, a restoration plan is required. REQUESTED PERMIT: a printed co of which is hereunto attached, was published in said newspaper ro er and not in Conditional Use Permit -Tree Cutting. Information on this p PY pproper application can be viewed at the City of Edmonds Development supplement form, in the regular and entire edition of said paper on the following days and Services Dept., 121 5th Ave. N, Edmonds, WA 98020. OTHER REQUIRED PERMITS: Unknown. times, namely: REQUIRED STUDIES: Unknown, EXISTING ENVIRONMENTAL DOCUMENTS: February 10, 2011 Arborist report, geotechnical report, biologist report, critical areas checklist. COMMENT PERIOD: Comments due by February 25 2011. Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the and that said ne77' perreularly distributed t ..its subscribers during all of said period. record of an open record pre -decision hearing, if any, or, if no open record pre -decision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECIC 20.07.003 have standing to initiate an administrativeappeal. CITY CONTACT: Jen Machuga, Associate Planner j % Principal Clerk 425-771-0220 Published: February 10 2011 Subscribed and sworn to before me this 10th day of February,2011 RECEIVED Nota(y Publlicc in at d for the Std e of Washington, residing at Everett, Snohomish County. FEB 17 2011 Account Name: City of Edmonds Account Number: 101416 Order Number: 0001726949 EDMOND CITY CLERK Attachment 16