Hill Wetland 8th .Pine 5-9-13 821 Pine.pdfMay 9, 2013
121 5th AVENUE NORTH ® EDMONDS, WA 98020 ® (425) 771-0220 - FAX (425) 771-0221
www,edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT
David & Sandra Hill
821 Pine St
Edmonds, WA. 98020
Case: # COD2013-0096
Subject property: 821 Pine St., Edmonds, WA. 98020
Dear Mr. and Mrs. Hill,
DAVE EARLING
MAYOR
The City received a complaint that you were cutting trees/shrubs, or in effect, modifying the
designated wetland west of your residence without prior approval. An inspection was made and it
was confirmed modifications have been made.
The following pertinent codes apply to wetland activities:
23.50.040 Development standards — Wetlands.
A. Activities pray only be permitted in a wetland buffer if the applicant can show that the
proposed activity will not degrade the functions and functional performance of the wetland and
other critical areas.
B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for
in this title.
E. Category 3 and 4 Wetlands. Activities and uses that result in unavoidable and necessary
impacts may be permitted in Category 3 and 4 wetlands and associated buffers in accordance
with an approved critical areas report and mitigation plan.
23.40.240 Unauthorized critical area alterations and enforcement.
A. When a critical area or its buffer has been altered in violation of this title or the provisions of
Chapter 7.200 ECC, all ongoing development ivork shall stop and the critical area shall be
restored The director shall have the authority to issue a stop work order to cease all ongoing
development work, and order restoration, rehabilitation, or replacement measures at the
owner's or other responsible party's expense to compensate for violation of the provisions of
this title. The director may also require an applicant or propert}) owner to take immediate action
to ensure site stabilization andlor erosion control as needed.
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Sister City - Hekinan, Japan
5/9/2013, Hill, COD2013-0096
B. Requirement for Restoration Plan. All development work shall remain stopped until a
restoration plan is prepared and approved by the director. Such a plan shall be prepared by a
qualified professional using the best available science and shall describe how the actions
proposed meet the minimum requirements described in subsection C of this section. The
director shall, at the violator's expense, seek expert advice in determining the adequacy of the
plan. Inadequate plans shall be returned to the applicant or violator for revision and
resubmittal.
E. Penalties. Any person, party, fain, corporation, or other legal entity convicted of violating any
of the provisions of this title shall be guilty of a misdemeanor and subject to penalties set forth in
ECDC 18.45.0 70 and 18.45.075. Each day or portion of a day during which a violation of this
title is committed or continued shall constitute a separate offense. Any development carried out
contrary to the provisions of this title shall constitute a public nuisance and may be enjoined as
provided by the statutes of the state of Washington. The city of Edmonds may levy civil penalties
against any person, part}, J'rrn, corporation, or Other legal entity for violation of any of the
provisions of this title. The civil penalty shall be assessed as proscribed in ECDC 18.45.0 70 and
18.45.075. [Ord. 3828 § 2, 2010; Ord 3527 § 2, 2004].
The following corrective actions are required:
• Cease any activities in the wetland immediately and in perpetuity (Stop Work). Any
activities in the wetland require prior approval and inspection. Any future
unapproved activities, including any tree or shrub cutting, may receive maximum
penalties.
• By May 30, 2013, please provide a report from a certified wetland biologist to
determine whether the cutting created any negative impacts to the quality or function
of this wetland. It would be practical for the biologist to confer with Planning prior
to initiating the report to clarify the objectives. The City will determine the next
steps, mitigation actions or penalties, if any, after review of the report.
• By May 17, 2013, please send a signed statement to the Planning Division noting that
you understand the requirements of the wetland and understand that unapproved
activities are prohibited. This statement will be filed in the City street file and with
file V-03-54.
Please contact the Planning Division at 425-771-0220 if you have any questions regarding critical
areas or critical area requirements. Thank you in advance for your cooperation and assistance.
Sincerely,
Mike Thies
Code Enforcement Inspector
thiesgci.edmonds.wa.us
CC. Planning