Halverson_NOVandMonetarFine.pdf`11c. 189.,
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121 5"' Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 - Web ww E
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DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
Location of Violation (Address and/or description of location): The violation occurred on the
west slopes of the properties addressed as 15620 — 72" d Avenue West, Edmonds, WA. Tax Parcel
Nos. 00513300002501 and 00513100002406.
Issued To: Kent Halverson, Meadowview Estates, LLC
Address of persons/entities This Order Is Issued To:
Kent Halverson
Meadowview Estates, LLC
6615 — 214'x' Avenue NE
Redmond, WA 98053
Code Section Violated: Edmonds Community Development Code (ECDC) 18.45 Land Clearing and
Tree Cutting Code, 23.40.160 Review Criteria, ECDC 23.40.220 Allowed Activities within Critical
Areas, and ECDC 23.80.040 Allowed Activities within Geologically Hazardous Areas.
Description of Violation: The subject property is located in the north Edmonds Earth Subsidence
and Landslide Hazard Area. Along approximately the western third of the property the slope drops
off sharply at approximately 70% according to the City's LiDAR information. Do to the steepness of
the slopes on the property; and its location with the Earth Subsidence and Landslide Hazard Area, the
site has been identified as a landslide hazard area. In 1997, there was a documented landslide in the
vicinity of this tree cutting violation.
Mr. Halverson has been working on improving the property at 15620 — 72" d Avenue West for the
past few years. Mr. Halverson was first informed of the City's tree cutting regulations and the
sensitive nature of the site in February 2012 when the City was informed of some clearing activity on
the City. In association with a fill and grade permit (BLD20130919), lot line adjustment
(PLN20130048) and short subdivision application (PLN20140015) a number of geotechnical reports
were prepared for the subject property and a SEPA Mitigated Determination of Nonsignificance was
issued. The mitigating measure in the SEPA determination was that "Recommendations included in
the geotechnical report prepared by Geotech Consultants, Inc. dated July 12, 2013 must be
implemented." One of the specific recommendations in the geotechnical report was that "the 25 feet
of buffer closest to the steep western slope should be left as -is." During the development of the site,
Mr. Halverson and city staff have had several correspondences regarding removal of individual trees
on the site. Condition of approval Number 4 for the short plat reviewed under PLN2014 noted:
Any tree cutting on the site must be consistent with the requirements of ECDC 18.45 and the
30% native vegetation requirements of ECDC 23.90.040.C. A tree cutting plan shall be
April 8, 2015 detailed the tree numbers, species, diameter at breast height (dbh) and comments on
viability. With the exception of Tree Number 18, each tree was assessed a base fine of one-quarter
the maximum amount allowed by ECDC 18.45.070.13 based on the diameter of the tree, viability, and
height of remaining tree. Given that Tree Number 18 was determined to be nonviable following the
topping activity, it was assessed the maximum amount of $3,000 allowed by ECDC 18.45.070.B. All
fines established pursuant to ECDC 18.45.070.13 are tripled due to their location within a critical area
and/or critical area buffer. This penalty amount is supported by: (i) the plain text of the ECDC with
respect to unauthorized alterations within a critical area, (ii) Mr. Halverson's knowledge of tree
cutting restrictions on the site, and (iii) the activity also being a violation of the SEPA Mitigated
Determination of Nonsignificance for development of the subject property. The total civil
monetary penalty assessed for the above -referenced violation is $45,000.
This Notice is imposed without prejudice to any other civil, criminal, injunctive or other remedy
and/or penalty available to the City.
Corrective Action: In addition to the monetary imposed above, the following corrective actions are
required:
1. The site must be monitored for two years with reports submitted to the City of Edmonds by
June 30, 2016 and June30, 2017 documenting survival of the topped trees. The arborist
report expected 18 of the 19 trees topped to survive and did not recommend replanting based
on the likely survival of 18 of the trees. The geotechnical report submitted to evaluate the
impact of the tree cutting based its recommendation on the arborist report indicating survival
of 18 of the trees. As such, the site must be monitored to ensure these 18 tree survive.
2. If any of the 18 trees identified as viable (see Exhibit A) die within the two year monitoring
period, they must be replaced at a ratio of 2:1 with a native and indigenous tree species
approved by the City of Edmonds.
Note: Mr. Halverson must pay the monetary penalty of $45,000 by September 30, 2015 or
contact the City to establish a payment schedule that would result in the monetary penalty
being paid in full within 6 months of September 30, 2015. This decision is appealable to the
City of Edmonds Hearing Examiner by filing a complete appeal application including written
notice of appeal with the development Services Director no later than July 24, 2015 at 4:00 pm.
The appeal filing fee is $705.
Date Posted: Date Mailed: Date Served: July 14, 2015
Issuing Party Shane Hope Title Director, Development Services Department
Signature