Ordinance 36460006.900000
WSS /gjz
5/1/07
ORDINANCE NO. 3646
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS COMMUNITY
DEVELOPMENT CODE, CHAPTER 18.45 LAND CLEARING
AND TREE CUTTING CODE TO INCORPORATE THE
TERMS "IMPROVED" AND "PARTIALLY IMPROVED" IN
ORDER TO COMPLY WITH RECENT DECISIONS OF THE
WASHINGTON SUPREME COURT, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, in a recent decision, the Washington State Supreme Court has haled
that the terms "developed" and "partially developed" to refer to the process of platting and
development, and not to the process of construction; and
WHEREAS, this decision was rendered in the context of the tree clearing code of
the City of Lacey; and
WHEREAS, the City of Edmonds utilizes such terms in its land clearing and tree
cutting code; and
WHEREAS, the City of Edmonds defines such terms to clearly address the
situations in which they are applicable, and
WHEREAS, however, the City Council deems it to be in the public interest to
conform the language of the City Code and its definitions to generally accepted usage in the
State; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The Edmonds Community Development Code Chapter 18.45 Land
Clearing and Tree Cutting Code is hereby amended to read as follows:
Chapter 18.45
LAND CLEARING AND TREE CUTTING CODE
Sections:
18.45.000
Purposes.
18.45.010
Administering authority.
18.45.020
Permits.
18.45.030
Exemptions.
18.45.035
Procedural exemption.
18.45.040
Definitions.
18.45.045
Application requirements.
18.45.050
Performance standards for land development
permits.
18.45.055
Notice.
18.45.060
Appeals.
18.45.065
Bonding.
18.45.070
Violations and penalties.
18.45.075
Public and private redress.
18.45.080
Additional remedies authorized.
18.45.000 Purposes.
This chapter provides regulations for the clearing of and the
protection and preservation of trees and associated significant
vegetation for the following purposes:
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 the policies of the State Environmental
Policy Act of 1971 as revised in 1984;
C. 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;
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D. To ensure prompt development, restoration and replanting
and effective erosion control of property during and after land
clearing;
E. To promote land development practices that result in a
minimal adverse disturbance to existing vegetation and soils within
the city;
F. To minimize surface water and ground water runoff and
diversion;
G. To aid in the stabilization of soil, and to minimize erosion
and sedimentation;
H. To minimize the need for additional storm drainage
facilities caused by the destabilization of soils;
I. To retain clusters of trees for the abatement of noise and for
wind protection;
I To acknowledge that trees and ground cover reduce air
pollution by producing pure oxygen from carbon dioxide;
K. To preserve and enhance wildlife and habitat including
streams, riparian corridors, wetlands and groves of trees;
L. To promote building and site planning practices that are
consistent with the city's natural topographic and vegetation
features while recognizing that certain factors such as condition
(e.g., disease, danger of falling, etc.), proximity to existing and
proposed structures and improvement, interference with utility
services, and the realization of a reasonable enjoyment of property
may require the removal of certain trees and ground cover;
M. To promote the reasonable improvement and development
of land in the city of Edmonds.
18.45.010 Administering authority.
The city's planning division manager or his/her duly authorized
representative is hereby authorized and directed to enforce all the
provisions of this chapter.
18.45.020 Permits.
No person shall engage in or cause any land to be cleared without
first obtaining a land clearing permit from the planning division
manager or his/her designee.
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18.45.030 Exemptions.
The following shall be exempt from the provisions of this chapter:
A. Clearing on an improved single - family lot or clearing on a
partially improved single - family lot, which is capable of being
divided into one additional lot, except for:
1. That portion of the lot that is located in a designated
environmentally sensitive area;
2. That portion of the lot that is located within 25 feet of any
stream or wetland;
3. That portion of the lot that has slopes exceeding 25 percent;
B. Unimproved lots which are not capable of being further
subdivided, except for:
1. That portion of the lot that is located in a designated
environmentally sensitive area;
2. That portion of the lot that is located within 25 feet of any
stream or wetland;
3. That portion of the lot that has slopes exceeding 25 percent;
C. Routine landscape maintenance and gardening;
D. Removal of trees and /or ground cover by the public works
department, parks department, fire department and/or public or
private utility in situations involving danger to life or property,
substantial fire hazards, or interruption of services provided by a
utility;
E. Installation and maintenance of public utilities, after
approval of the route by the planning division manager or his or
her designee, except in parks or environmentally sensitive areas;
F. Emergency situations on private property involving danger
to life or property or substantial fire hazards. [Ord. 3507 § 1,
2004].
18.45.035 Procedural exemption.
Projects requiring the approval of the Edmonds architectural
design board ( "ADB ") under the provisions of Chapter 20.10
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ECDC shall be exempt from the application and procedural
requirements of this chapter; provided, however, that:
A. Clearing on such projects shall take place only after ADB
approval and shall be in accordance with such approval. Violations
shall be subject to the remedies prescribed by this chapter. See
ECDC 18.45.070.
B. ADB review of clearing proposals shall be consistent with
and apply to the standards established by this chapter. [Ord. 3507
§ 2, 2004].
18.45.040 Definitions.
A. "Caliper" shall mean the diameter of any tree trunk as
measured at a height of four feet above the ground on the upslope
side of the tree.
B. "Creek" means those areas where surface waters flow
sufficiently to produce a defined channel or bed. A defined channel
or bed is indicated by hydraulically sorted sediments or the
removal of vegetative litter or loosely rooted vegetation by the
action of moving water. The channel or bed need not contain water
year around. This definition is not meant to include storm water
runoff devices or other entirely artificial watercourses unless they
are used to store and/or convey pass - through stream flows
naturally occurring prior to construction.
C. "Clearing" means the act of cutting and /or removing
vegetation. This definition shall include grubbing vegetation.
D. "Clearing permit" means the written approval of the city of
Edmonds planning division manager or his or her designee to
proceed with the act of clearing property within the city limits of
Edmonds.
E. "Improved lot" shall mean a lot or parcel of land upon
which a structure(s) is located, which cannot be more intensively
developed or improved pursuant to the city zoning code, and which
cannot be further subdivided pursuant to city subdivision
regulations.
F. "Drip line" of a tree shall be described by a line projected
to the ground delineating the outermost extent of foliage in all
directions.
G. "Grubbing" means the act of removing vegetation by the
roots.
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H. "Ground cover" shall mean a dense covering of small
plants such as salal, ivy, ferns, mosses, grasses, or other types of
vegetation which normally cover the ground.
I. "Land development permit" means a preliminary or final
plat for a single- family residential development; a building permit;
site plan; preliminary or final planned unit development plan.
J. "Lakes" are natural or artificial bodies of water of two or
more acres and /or where the deepest part of the basin at low water
exceeds two meters (6.6 feet). Artificial bodies of water with a
recirculation system approved by the public works department are
not included in this definition.
K. "Mechanical equipment" shall include all motorized
equipment used for earth moving, trenching, excavation,
gardening, landscaping, and general property maintenance
exceeding 12 horsepower in size.
L. "Native growth protection easement" is a restrictive area
where all native, predevelopment vegetation shall not be disturbed
or removed except for removal pursuant to an enhancement
program approved pursuant to this chapter or to remove dead or
diseased vegetation. The purpose of an easement is to protect steep
slopes, slopes with erosion potential, landslide and seismic
hazards, creeks, wetlands and /or riparian corridors, wildlife, and
areas shown on the environmentally sensitive areas map. This
easement shall be defined during the development review process
and shown on the recorded plat or short plat or approved site plan.
M. "Partially improved lot" shall mean a lot or parcel of land
upon which a structure (refer to ECDC 21.90.150) is located and
which is of sufficient area so as to be capable of accommodating
additional development or improvement pursuant to the Edmonds
zoning code; or which may be subdivided in accordance with the
city of Edmonds subdivision chapter.
N. "Person" shall mean any person, individual, public or
private corporation, firm, association, joint venture, partnership,
owner, lessee, tenant, or any other entity whatsoever or any
combination of such, jointly or severally.
O. "Removal" is the actual destruction or causing the effective
destruction through damaging, poisoning or other direct or indirect
actions resulting in the death of a tree or ground cover.
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P. "Routine landscape maintenance" shall mean tree trimming
and ground cover management which is undertaken by a person in
connection with the normal maintenance and repair of property.
Q. "Tree" shall mean any living woody plant characterized by
one main stem or trunk and many branches and having a caliper of
six inches or greater, or a multi - stemmed trunk system with a
definitely formed crown.
R. "Unimproved lot" shall mean a platted lot or parcel of land
upon which no structure (refer to ECDC 21.90.150) exists.
S. "Wetlands" are those areas that are inundated or saturated
by surface or ground water at a frequency and duration sufficient
to support and that under normal circumstances do support, a
prevalence of vegetation typically adapted to life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs and
similar area.
18.45.045 Application requirements.
A. An application for a land clearing permit shall be submitted
on a form provided by the city, together with a plot plan and other
information as described hereafter:
1. Name, address and telephone number of the applicant;
2. Legal status of applicant with respect to the land;
3. Written consent of owner(s) of the land, if the applicant is
not the sole owner;
4. Name of person preparing the map, drawing or diagram
submitted with the application, along with credentials if applicable;
5. Location of the property, including street number and
addresses, together with the names and addresses of all the
adjacent property owners within 80 feet of the subject property as
listed in the records of the Snohomish County assessor;
6. A plot plan, drawn to scale, of the property depicting the
following items (scale 1" = 30' or as approved by the planning
division manager):
a. Topographic information,
b. Location of all existing and /or proposed structures,
driveways, and utilities,
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C. Areas proposed for clearing and the proposed use for such
area,
d. Designation of all diseased or damaged trees,
e. Any proposed grade changes that might adversely affect or
endanger trees on the property and specifications to maintain them.
f. Designation of trees to be removed and trees to be
maintained,
g. Designation of all wetlands, streams and environmentally
sensitive areas;
7. A statement outlining the purpose of the tree removal (e.g.,
building construction, street or roadway, driveway, recreation area,
patio, or parking lot), together with a proposed timetable for when
the work will occur;
8. The manner in which the cleared areas on the property will
be reclaimed with vegetation and the timetable for replanting;
9. Any other information deemed necessary by the city to
allow adequate review and implementation in conformance with
the purposes of this chapter.
B. Upon receipt of the application for a clearing permit, the
staff shall inspect the site and contiguous properties. If the staff
determines that the plan is in compliance with the provisions of
this section and will result in the removal of no more trees or
vegetation than is necessary to achieve the proposed development
or improvement, the permit shall be approved under the provisions
of ECDC 20.95.050 (Staff Decision — Optional Hearing).
The city may require a modification of the clearing plan or the
associated land development permit to ensure the retention of the
maximum number of trees.
If the staff determines that the plan will result in the destruction of
more trees and vegetation than is reasonably necessary to achieve
the proposed development, the permit shall be denied.
C. Any permit granted under the provisions of this section
shall expire one year from the date of issuance. No work may
commence on the permit until the appeal time limit has expired.
Upon receipt of a written request, a permit may be extended for six
months.
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D. Approved plans shall not be amended without written
authorization from the city. The permit may be revoked or
suspended by the city upon discovery that incorrect information
was supplied or upon any violation of the provisions of this
chapter.
E. Applications for land clearing shall be referred to other city
departments or agencies for review and approval as deemed
necessary by the planning division manager. Applications for
clearing in parks shall always be referred to the Edmonds planning
board for review and approval.
18.45.050 Performance standards for land development
permits.
A. There shall be no clearing on a site for the sake of
preparing that site for sale or future development. Trees may only
be removed pursuant to a clearing permit which has been approved
by the city.
B. Trees shall be retained to the maximum extent feasible.
1. Clearing should not occur outside of the areas designated
on the clearing plan.
2. No tree(s) or ground cover shall be removed from a native
growth protection easement or environmentally sensitive site
unless that plot plan and other submitted materials can demonstrate
that the removal will enhance the easement area. An exception for
the installation of roads and utilities may be approved if it can be
demonstrated that alternative access is not practical or would be
more damaging and is developed pursuant to an approved
development plan.
Enhancement may include non - mechanical removal of noxious or
intrusive species or dead or diseased plants and replanting of
appropriate native species.
C. The city may restrict the timing of the land clearing and
tree cutting activities to specific dates, times, and /or seasons when
such restrictions are necessary for the public health, safety and
welfare, or for the protection of the environment.
D. Native growth protection easements may be established
through the subdivision process in the following areas:
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1. A 25 -foot buffer area from the annual high water mark of
creeks, streams, lakes and other shoreline areas or from top of the
bank of same, whichever provides good resource protection;
2. Areas in which the average slope is greater than 25 percent;
3. Wetlands;
4. Any other area which is determined through the
environmental review process to include significant vegetation,
wildlife or other similar resources which should be protected.
E. No ground cover or trees which are within 25 feet of the
annual high water mark of creeks, streams, lakes, and other
shoreline areas or within 15 feet of the top of the bank of same
should be removed, nor should any mechanical equipment operate
in such areas except for the development of public parks and trail
systems; provided that conditions deemed by the city to constitute
a public nuisance shall be removed, and provided that a property
owner shall not be prohibited from making landscaping
improvements where such improvements are consistent with the
aims of this chapter.
F. The city may require and/or allow the applicant to relocate
or replace trees, provide interim erosion control, hydroseed
exposed slopes, or use other similar methods which would comply
with the intent of the chapter.
G. No land clearing and tree cutting shall be conducted in a
wetland, except for the installation of roads and utilities where no
feasible alternative exists and the work is done pursuant to an
approved development plan.
H. When tree cutting or land clearing will occur pursuant to a
building, permit protection measures should apply for all trees
which are to be retained in areas immediately subject to
construction. The requirements listed may be modified individually
or severally by the city if the developer demonstrates them to be
inapplicable to the specific on -site conditions or if the intent of the
regulations will be implemented by another means with the same
result.
Where the drip line of a tree overlaps a construction line, this shall
be indicated on the survey and the following tree protection
measures shall be employed:
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1. The applicant may not fill, excavate, stack or store any
equipment, or compact the earth in any way within the area defined
by the drip line of any tree to be retained.
2. The applicant shall erect and maintain rope barriers on the
drip line or place bales of hay to protect roots. In addition, the
applicant shall provide supervision whenever equipment or trucks
are moving near trees.
3. If the grade level adjoining a retaining tree is to be raised or
lowered, the applicant shall construct a dry rock wall or rock well
around the tree. The diameter of this wall or well must be equal to
the tree's drip line.
4. The applicant may not install ground level impervious
surface material within the area defined by the drip line of any tree
to be retained.
5. The grade level around any tree to be retained may not be
lowered within the greater of the following areas: (1) the area
defined by the drip line of the tree, or (2) an area around the tree
equal to one foot in diameter for each one -inch of tree caliper.
6. The applicant may prune branches and roots, fertilize and
water as horticulturally appropriate for any trees and ground cover
which are to be retained.
The planning division manager or his /her designee may approve
the use of alternative tree protection techniques if those techniques
provide an equal or greater degree of protection than the
techniques listed above.
18.45.055 Notice.
The city shall mail a notice to the surrounding property owners,
pursuant to ECDC 20.90.010, informing them of the application
for a clearing permit.
18.45.060 Appeals.
Any person aggrieved by the decision of the staff regarding a
clearing permit may appeal such decision of the hearing examiner
within 10 working days of the date of the decision. The appeal
shall comply with the provisions of Chapter 20.105 ECDC.
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18.45.065 Bonding.
The applicant shall post a performance bond in the amount
covering the installation of temporary erosion control measures
and the clearing work to be done on the property and the cost of
any proposed revegetation.
18.45.070 Violations and penalties.
A. A violation of any of the provisions of this chapter shall
constitute a misdemeanor. It shall be a separate offense for each
and every day or portion thereof during which any violation of any
of the provisions of this chapter is committed.
B. Any person found violating the provisions of this chapter
may be fined by the planning division manager in an amount not to
exceed $1,000 per day and/or $500.00 per tree. Any fine imposed
by the planning division manager is appealable to the hearing
examiner. This civil fine shall be in addition to any criminal, civil,
or injunctive remedy available to the city.
C. The fines established in subsection (C) of this section shall
be tripled to $3,000 per day and/or $1,500 per tree for clearing
which occurs within any critical area or critical area buffer, in any
earth subsidence or landslide hazard area, in any native growth
protection easement or in any area which is designated for transfer
or dedication to public use upon final approval of a subdivision,
planned residential development or other development permit.
[Ord. 3507 § 3, 2004].
18.45.075 Public and private redress.
A. Any person who violates any provision of this chapter or of
a permit issued pursuant hereto shall be liable for all damages to
public or private property arising from such violation, including
the cost of restoring the affected area to its original condition prior
to such violation and the payment of any levied fine.
1. Restoration shall include the replacement of all ground
cover with a species similar to those which were removed or other
approved species such that the biological and habitat values will be
substantially replaced; and
2. For each tree removed, replacement planting of up to three
trees of the same species in the immediate vicinity of the tree(s)
which was removed so long as adequate growing space is provided
for such species. The replacement trees shall be of sufficient
caliper to adequately replace the lost tree(s). Replacement trees
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shall be a minimum of three inches in caliper and shall be replaced
at the direction of the planning division manager.
B. In order that replanted species shall have an opportunity to
adequately root and establish themselves prior to disturbance by
any future development, no permit shall be issued nor final
approval given to any project until such time as all planting
required to mitigate illegal activity has been fully implemented in
accordance with an approved landscaping plan, and an adequate
rooting period has expired. The plan shall meet the performance
standards established in ECDC 18.45.050. The phrase "adequate
rooting period" is defined for the purposes of this section as a
period of one calendar year from the date of planting; provided,
however, that a developer or other impacted party may apply to the
architectural design board for the establishment of a different
rooting period. The architectural design board shall establish such
period which may be longer or shorter than one calendar year
based upon the species of the plants involved, the particular point
in the growing cycle at which the application is reviewed, and the
planting schedule. The architectural design board shall establish a
rooting period based upon the best scientific and biological
evidence available as necessary to reasonably insure the
establishment of the plantings. In no event shall a rooting period be
established as a penalty.
C. Restoration shall also include installation and maintenance
of interim and emergency erosion control measures until such time
as the restored ground cover and trees reach sufficient maturation
to function in compliance via performance standards identified in
ECDC 18.45.050. [Ord. 2804 § 1, 1990].
18.45.080 Additional remedies authorized.
Violation of ECDC 18.45.035(A) or of any condition of ADB
approval regarding tree clearing, the protection of native growth or
landscaping installation and maintenance shall, in addition to
another remedy imposed by this code, be a violation of the
provisions of this chapter and subject to the bonding, violation and
penalty and public and private redress provisions of ECDC
18.45.065, et seq. [Ord. 3507 § 4, 2004].
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
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five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAY Ok GA AA ENSON
ATTEST /AUTHENTICATED:
'd.� e4.
CITY CLERK, SANDRA S. CHASE
OFFICE OF THE CITY ATTORNEY:
BY ( 5�&&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 05/18/2007
PASSED BY THE CITY COUNCIL: 05/22/2007
PUBLISHED: 05/27/2007
EFFECTIVE DATE: 06/01/2007
ORDINANCE NO. 3646
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SUMMARY OF ORDINANCE NO. 3646
of the City of Edmonds, Washington
On the 22nd day of May, 2007, the City Council of the City of Edmonds, passed
Ordinance No. 3646. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
EDMONDS COMMUNITY DEVELOPMENT CODE, CHAPTER 18.45 LAND CLEARING
AND TREE CUTTING CODE TO INCORPORATE THE TERMS "IMPROVED" AND
"PARTIALLY IMPROVED" IN ORDER TO COMPLY WITH RECENT DECISIONS OF
THE WASHINGTON SUPREME COURT, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of May, 2007.
CITY CLERK, SANDRA S. CHASE
{ W SS660356.DOC;1 /00006.900000/}
-15-
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
May 27, 2007
and that said newspaper was regularly distributed to its subscribers during all of said'period.
Subscribed and swom to before me this 28th .� ,-rA n. - -�',
ON
day of May, 2007`, �gSt fXp /9F /OG
PUBLIC
Notary Pub t nand or the State of Washington, residing at erect 6to'ir 90 =
County. T9T \�
F OF� MWA��
Account Name: City of Edmonds Account Number: 101416 Order Number. 0001507426
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
_ �-1
'SUM AR of oRDiNgNCE
circulation in said County and State; that said newspaper has been approved as a legal
No. 3x46
On the 22nd
newspaper by order of the Superior Court of Snohomish County and that the notice
fI day of May, 2007, the Cry Council of the City
content of said ordinance, the
rollo R consisting of t6 he ti le,
AN ORDINANCE OF THE CITY
Summary of Ordinance No. 3646
OF EDMONDS WASHING. OPM,ENTf CODE, CHAPTER 18.45 LAND CLEARING
TREE CUTTING
CODE TO INCO AND i
City Of Edmonds
TO COMPLY WITH RECENT DECISIONS OFIN 'ORDER
SHINGTON SUPREME COURT, WA
AND FIXING AET ME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 23rd day Of May, 2007.
L Publi� Shed: Ma 27 2007 CITY CLERK, SANDRA S. CHASE
a printed copy of which is hereunto attached, was published in said newspaper proper and not
-- — —�_
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
May 27, 2007
and that said newspaper was regularly distributed to its subscribers during all of said'period.
Subscribed and swom to before me this 28th .� ,-rA n. - -�',
ON
day of May, 2007`, �gSt fXp /9F /OG
PUBLIC
Notary Pub t nand or the State of Washington, residing at erect 6to'ir 90 =
County. T9T \�
F OF� MWA��
Account Name: City of Edmonds Account Number: 101416 Order Number. 0001507426