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Hazard Tree Removal - 23403 Robinhood Dr.pdfCITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION f hC. I S9" September 13, 2017 Melanie Lewis and Greg Cain 23403 Robinhood Dr. Edmonds, WA 98020 rg_egnme150 s@frontier. com Subject: Hazard Tree Removal at 23403 Robinhood Dr. Dear Ms. Lewis and Mr. Cain: You contacted our office in the fall of 2016 to enquire about removing some trees from your property addressed 23403 Robinhood Drive. In reviewing the photographs that you submitted via email on October 2, 2016 and after conducting a site visit on October 13, 2016, it was confirmed that the two hemlock trees in question (both located on the southern side of the property near the center of the site, adjacent to the stairs that connect your home to the lower driveway) are clearly dead/dying and may be removed pursuant to ECDC 23.40220.C.8.b. For your reference, I am enclosing the photos that you emailed to me on October 2, 2016. It should be noted that when you initially contacted me in the fall of 2016, you had enquired about cutting two additional trees (a mountain ash and a dogwood); however, additional information was requested from a certified arborist regarding these two trees. Per your email of August 3, 2017, you have decided to wait on the proposal to remove the mountain ash and dogwood and to only remove the two hemlock trees at this time. The two subject hemlock trees are located on a slope that exceeds 25 percent, which is considered an Erosion Hazard Area pursuant to the City's critical areas regulations. As such, the cutting of these trees is subject to the applicable critical areas regulations of Edmonds Community Development Code (ECDC) Chapters 23.40 through 23.90. Generally the removal of trees, or any vegetation, within a critical area or critical area buffer is not an allowed activity, unless it involves the removal of invasive species or hazard trees. Removal of hazardous trees in critical areas is regulated in the Edmonds Community Development Code (ECDC) Section 23.40220.C.8.b. Such removal is an allowed activity as indicated by the code below: 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: i. 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; 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; As I was able to verify during my site visit on October 13, 2016, the two subject hemlock trees are clearly dead/dying, so a report by a certified arborist is not required for the removal of these two trees. Based on my observations during my site visit, it is clear that removal of these two trees is warranted as long as the requirements of ECDC 23.40.220.C.7.b are followed, including the requirement of ECDC 23.40.220.C.7.b.iv that hazard trees be replaced with new trees at a ratio of two -to -one. Thus, you will need to replace the two hemlock trees at a ratio of two -to -one. However, the hemlock whose top had broken off would be a good candidate for a wildlife snag. If you choose to convert this tree to a wildlife snag, replacement of it will not be required. An exemption for the tree cutting identified above is granted with the following conditions: 1. Only the cutting of the two hemlock trees identified in the emails with photographs received on October 2, 2016 may be conducted. No additional trees may be cut without further review and approval by the Planning Division. 2. It is at your discretion whether the cuttings are left within the critical area or removed. All stumps must not be removed and must remain in place in order to help maintain slope stability. 3. All work must be done using hand labor and light (hand-held) equipment, and appropriate erosion control must be implemented to minimize impacts to the critical areas. The replacement trees must be installed using the same techniques in the general area that the subject trees are cut. 4. The two cut trees must be replaced at a ratio of two -to -one consistent with ECDC 23.40.220.C.7.b.iv within one year of tree the tree cutting activity, with the exception that if the hemlock whose top had broken off is converted to a snag, replacement of that tree will not be required. Replacement trees should be planted in the general vicinity of the cut trees. 5. Pursuant to ECDC 23.40.220.C.7.b, replacement trees shall be a minimum of one inch diameter at breast height for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball. If you have any questions, you are welcome to contact me at Jen.Machugana edmondswa.gov or (425) 771-0220. Sincerely, Jen Mach uga Associate Planner Encl: Two Emails from Melanie Lewis dated 10/2/16 Email from Melanie Lewis dated 8/3/17 Machuga, Jen From: Melanie Lewis <gregnmel50s@frontier.com> Sent: Sunday, October 2, 2016 6:23 PM To: Machuga, Jen Cc: Melanie Lewis; Greg Cain Subject: Re: Potential Tree Removal at 23403 Robinhood Dr. Hi Jen, I don't know much about picture sizes, so I will send in a couple emails and hope this works. The first picture on the left shows the dying dogwood (left), the large dead hemlock (middle), and the other dead/diseased hemlock whose top broke off and chipped our chimney Christmas 2012. The pileated woodpeckers are after the i two dead hemlocks. All are near the stairs that run from the top of the property to a driveway at the bottom of the property. The fourth tree we would like to remove is the mountain ash off our deck in the fourth picture (near the dead/diseased hemlock whose top broke off). The dogwood and the mountain ash are not completely dead yet, but they are dying. If we can, we would like to remove all four at one time rather than have to do this again in a short while. My next email will have more pictures of the trees, as well as show proximity to our neighbor's house, our neighbor's fence, and our deck/roof/carport. Thank you On Sep 28, 2016, at 4:52 PM, Machuga, Jen <Jen.Machuga(a�edmondswa.gov> wrote: Hi Melanie, I discussed your desire to remove a few trees at your property (23403 Robinhood Dr.) with another planner this afternoon and was wondering if you might be able to send me a few photos of the trees in question. I think that would be helpful for making sure that the correct process is followed for your proposal. The hazard tree removal provisions I was discussing with you over the phone yesterday are contained within ECDC 23.40.220.C.8.b, which states the following: 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: i. 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; 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 some 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; I will be out of the office tomorrow through Monday, returning on Tuesday. If you have any questions in my absence, feel free to call the number below and ask for the "planner on duty". Otherwise, I'll be happy to take a look at any photos you're able to send when I return to the office next week. Sincerely, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 Jen. Machuga@edmondswa.gov Development Services Hours: Monday & Tuesday 8:00 AM - 4:30 PM Wednesday 8:30 AM - Noon Thursday & Friday 8:00 AM - 4:30 PM Machuga, Jen From: Melanie Lewis <gregnmel50s@frontier.com> Sent: Sunday, October 2, 2016 6:36 PM To: Machuga, Jen Subject: Re: Potential Tree Removal at 23403 Robinhood Dr. Email #2: Another shot of the mountain ash, a shot of the tree trunks from the bottom of the property (It. gray trunk in middle of carport is mountain ash, trunk with ivy is hemlock with broken top, trunk just the the right of the stairs and left of the neighbor's fence is the dogwood). The last picture shows the proximity of the big dead hemlock to our neighbor's house. We took lots more pictures. I should also note that the property is very wooded. We are not averse to replacement planting, but two to one replacement is probably excessive given other trees on the property. We have pictures of that too. Thank you for your consideration. Melanie Lewis On Sep 28, 2016, at 4:52 PM, Machuga, Jeri <Jen.Machugagedmondswa.gov> wrote: Hi Melanie, I discussed your desire to remove a few trees at your property (23403 Robinhood Dr.) with another planner this afternoon and was wondering if you might be able to send me a few photos of the trees in question. I think that would be helpful for making sure that the correct process is followed for your proposal. The hazard tree removal provisions I was discussing with you over the phone yesterday are contained within ECDC 23.40.220.C.8.b, which states the following: 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: i. 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, 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 some 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, I will be out of the office tomorrow through Monday, returning on Tuesday. If you have any questions in my absence, feel free to call the number below and ask for the "planner on duty". Otherwise, I'll be happy to take a look at any photos you're able to send when I return to the office next week. Sincerely, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 len.Machuqa@edmondswa.gov Development Services Hours: Monday & Tuesday 8:00 AM - 4:30 PM Wednesday 8:30 AM - Noon Thursday & Friday 8:00 AM - 4:30 PM Machuga, Jen From: Melanie Lewis <gregnmel50s@frontier.com> Sent: Thursday, August 3, 2017 6:34 PM To: Machuga, Jen Subject: Re: Potential Tree Removal at 23403 Robinhood Dr. Hi Jen, I seem to have trouble bringing our tree matter to a close (see email trail below for memory prompts). I am hoping, once again, that we can pick up where we left off. I have just contacted my tree service person to see if he is still interested in this job. I measured the dogwood and mountain ash. They are both greater than 4 inches at breast height. Rather than try to coordinate with yet another party and face further delays, we would like to go ahead with the two clearly dead/dying hemlock trees at this time. We would have the one at the base of the stairs removed and have the one at the top of the stairs cut to a 10 foot snag. My understanding is that the two hemlock trees qualify for the hazard tree permit exemption and that we can proceed without a permit or replanting under the above conditions. It sounds like you will provide us with a letter documenting staffs decision about our request. Do we need to receive that letter before we proceed? Thank you for your patience in helping us negotiate the City of Edmonds code in our case. I look forward to hearing from you. Melanie Lewis 23403 Robin Hood Drive Edmonds, WA 98020 206-380-0372 On Jan 31, 2017, at 9:54 AM, Machuga, Jen <Jen.Machugakedmondswa.gov> wrote: Hi Melanie, I'm so sorry to hear about your father's stroke. Family matters definitely take priority! It's no problem at all to pick up where we left off. I'm happy to help in any way that I can. Feel free to send me the measurements for the other two trees and we can figure out what the code requirements would be for those. Then, I can write up a hazard tree removal letter for the two hemlocks. Did you decide if you'd like to leave the one hemlock whose top had broken off as a snag? Sincerely, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 Jen. Machuga@edmondswa.gov Development Services Hours: Monday & Tuesday 8:00 AM - 4:30 PM Wednesday 8:30 AM - Noon Thursday & Friday 8:00 AM - 4:30 PM From: Melanie Lewis[maiIto: gregnme150s@frontier.com] Sent: Saturday, January 28, 2017 5:02 PM To: Machuga, Jen Subject: Re: Potential Tree Removal at 23403 Robinhood Dr. Dear Jen, Where does time go? We became completely derailed from pursuing trees when my father had a stroke in November and have stayed derailed through family adjustments and the holidays. Is it possible to pick up where we left off? I would like to measure our trees and get back to you. I suspect we would just like to do hemlocks for now. Thank you. Melanie Lewis 23403 Robin Hood Drive Edmonds, WA 98020 206-380-0372 On Oct 21, 2016, at 4:40 PM, Machuga, Jen <Jen.Machugakedmondswa.gov> wrote: Hi Melanie, Thanks for meeting me at your property last week to show me the trees in question. I was able to review your request with the other planners, and wanted to get back to you with some additional information. Since the dead hemlock tree on the western side of your property is located on a flatter portion of your property, that tree can be removed without the requirement for replacement. The other trees, however, would need to be replaced at a two -to -one ratio since they are located on the slope (unless you decide to cut the other hemlock to a snag as discussed below, then the hemlock would not need to be replaced). I didn't measure the dogwood and mountain ash while I was at your property, but please let me know if they are less than four inches in diameter at breast height. I think they're larger than that, but I wanted to be sure because otherwise, you may be able to remove them without replacement. Assuming the dogwood and mountain ash are larger than four inches in diameter at breast height, we will need an arborist to assess both of them in order to determine if they are hazardous and can be removed without a tree cutting permit since they are not clearly dead/dying like the two hemlocks. The arborist would need to provide Tree Risk Assessment Forms for both of these trees indicating their risk so that we can determine whether they would qualify for the hazard tree permit exemption. Please let me know if you plan to move forward with having an arborist assess the dogwood and mountain ash or if you'd only like to remove the two hemlocks for now. That way I can write up a letter documenting staff's decision on your request. Sincerely, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 Jen.Machuga@edmondswa.gov Development Services Hours: Monday & Tuesday 8:00 AM - 4:30 PM Wednesday 8:30 AM - Noon Thursday & Friday 8:00 AM - 4:30 PM From: Machuga, Jen Sent: Thursday, October 06, 2016 11:18 AM To: 'Melanie Lewis' Cc: Greg Cain Subject: RE: Potential Tree Removal at 23403 Robinhood Dr. Hi Melanie, Thanks for sending the photos! They were very helpful. Based on the photos, the two hemlock trees are clearly dead/dying and may be removed pursuant to ECDC 23.40.220.C.8.b. Please note that due to the proximity to the slope, you must leave the stumps in place. If you would like to remove the stumps, a report by a geotechnical engineer may be necessary. The hemlock whose top had broken off looks like it would be a good candidate for a wildlife snag. If you leave this tree as a wildlife snag (minimum 10 feet tall), then you would not need to replant to compensate for the cutting of it to a snag. If, however, you want to cut this tree to a stump, then replacement at a two -to -one ratio will be required. The other hemlock will also need to be replaced at a ratio of two -to -one. I understand your concerns related to the replacement requirement, but I am not able to waive that code requirement. You are welcome to select a different species for the replacement trees as long as the replacement trees are native and indigenous to the site and meet the minimum size requirements included in the code section that I sent to you. For the dogwood and mountain ash, it is difficult to see if these trees are obviously dead/dying in the photos. I could stop by your property sometime to take a look, but we may need an arborist to assess those two trees. If you'd like me to come take a look, let me know when a good day/time would be. I could come next Tuesday or Thursday after 11am or next Wednesday after 1:30pm. Once we determine whether the dogwood and mountain ash can also be removed, I will write up a hazard tree letter for your records. Sincerely, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 Jen.Machuga@edmondswa.gov Development Services Hours: Monday & Tuesday 8:00 AM - 4:30 PM Wednesday 8:30 AM - Noon Thursday & Friday 8:00 AM - 4:30 PM From: Melanie Lewis [ma iIto: gregnmel50sC(bfrontier.com] Sent: Sunday, October 02, 2016 6:23 PM To: Machuga, Jen Cc: Melanie Lewis; Greg Cain Subject: Re: Potential Tree Removal at 23403 Robinhood Dr. <image001. j pg><image002. j pg><image003 . j pg><image004. j pg> Hi Jen, I don't know much about picture sizes, so I will send in a couple emails and hope this works. The first picture on the left shows the dying dogwood (left), the large dead hemlock (middle), and the other dead/diseased hemlock whose top broke off and chipped our chimney Christmas 2012. The pileated woodpeckers are after the two dead hemlocks. All are near the stairs that run from the top of the property to a driveway at the bottom of the property. The fourth tree we would like to remove is the mountain ash off our deck in the fourth picture (near the dead/diseased hemlock whose top broke off). The dogwood and the mountain ash are not completely dead yet, but they are dying. If we can, we would like to remove all four at one time rather than have to do this again in a short while. My next email will have more pictures of the trees, as well as show proximity to our neighbor's house, our neighbor's fence, and our deck/roof/carport. Thank you On Sep 28, 2016, at 4:52 PM, Machuga, Jen <Jen.Machugakedmondswa.gov> wrote: Hi Melanie, I discussed your desire to remove a few trees at your property (23403 Robinhood Dr.) with another planner this afternoon and was wondering if you might be able to send me a few photos of the trees in question. I think that would be helpful for making sure that the correct process is followed for your proposal. The hazard tree removal provisions I was discussing with you over the phone yesterday are contained within ECDC 23.40.220.C.8.b, which states the following: 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: i. 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, 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 some 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, I will be out of the office tomorrow through Monday, returning on Tuesday. If you have any questions in my absence, feel free to call the number below and ask for the "planner on duty". Otherwise, I'll be happy to take a look at any photos you're able to send when I return to the office next week. Sincerely, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 Jen. Machuga@edmondswa.gov Development Services Hours: Monday & Tuesday 8:00 AM - 4:30 PM Wednesday 8:30 AM - Noon Thursday & Friday 8:00 AM - 4:30 PM 9