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Harbo 9..5..17.pdfCITY OF EDMONDS DAVEEARLING MAYOR 121 5th AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • fax (425) 771-0221 www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT j,7c. 1890 September 5, 2017 Randy & Nicollette Harbo 17003 72" d Pl. W. Edmonds, WA. 98026 Case: # COD2017-0162 Subject property: tree cutting north and south of 17 10 1, terracing in critical area east of 17003 Edmonds, WA. 98026 Dear Mr. & Mrs. Harbo, It is the City's understanding that you are the homeowners association president and the person that executed the actions noted in this letter on behalf of the HOA. The City has received a complaint regarding tree cutting on the north and south sides of building 17101 and the terracing/retaining construction developed on the slope between 17003 and 17101. The site of the tree cutting occurred on property that includes slopes up to 40% and in some areas, over 40%. This area is classified as a critical area pursuant to Edmonds Community Development Code (ECDC) 23.40 and 23.80. Since the site of the tree cutting activity was located within a critical area, a tree cutting permit and critical area review would have been required prior pursuant to ECDC 18.45.020 and ECDC 23.40. No such review was requested from the City of Edmonds in conjunction with the subject tree cutting. Please note that your tree cutting professional should have been aware of critical area regulations in Washington State. Tree cutting in a critical area for hazard trees is regulated as follows: ECDC 23.40.220 Allowed activities. C. Allowed Activities. The following activities are allowed: 8. Select Vegetation Removal Activities. The following vegetation removal activities: b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that. L The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement trees; ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags; • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Harbo, 17003 72"d pl. W. iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or unless removal is warranted to improve slope stability; iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (2:1) within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one to two inches in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this title; Corrective actions required: • Please contact the Planning Division by September 11, 2017 and submit the required (after the fact) tree cutting information by October 5, 2017. • Regarding the terracing of the slope: o This type of activity in a critical area requires a building permit. Please obtain a building permit before any other construction continues. If you choose to remove the terracing materials instead of applying for a building permit, a demolition permit will be required. Please note that a geotechnical report with a mitigation plan would be required for either option. Please submit a complete application for either permit by October 5, 2017. If you have any questions regarding this letter, please contact me. Thank you in advance for your prompt attention and cooperation. Sincerely, Mike Thies Code Enforcement Inspector Mike.tliies@ediiiondswa.gov C. Planning Building