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12-100210 At 12 - fooz ( D RECEIVED BY '.OMMUNITY DEVELOPMENT DEPARTMENT JAN 12 2012 James Marino (253)632-5951 January 10, 2012 Dear Mr. Conlen, Site Address:0721049027 This letter is to request your review of the FWRC 19.120.020,section (4) (b) (iii) as applicable to my situation. I do intend to apply for a Process Ill or IV Permit,whichever is necessary. I currently have done some cleaning up of undergrowth and small tree removal which I feel fall under the above referenced FWRC, due to not being done for building or land development activities. My criteria for deeming this needing immediate attention is: • There are three camp sites with squatters on the property • One of the squatters has been identified as a Class 3 Sex Offender by a neighbor • This is made particularly dangerous due to two Childcare Facilities in close proximity • Neighbors have made several complaints to me about: o Peeping Toms o Campfires too close to homes o Scattered gasoline cans and barbeques as fire hazards as well o Stolen USPS mail found in piles throughout the lot Non critical points of concern: • Drainage culvert inadequate, with neighbors complaining to the City.Years of un-cleared sediment and overgrowth have caused neighborhood flooding. • Several trees are dead or damaged, posing a potential neighboring property My immediate plans are to stabilize the soil by placing straw on any open dirt area and erect a silt fence where necessary. I have riot and do not plan on taking any large trees or Evergreens of any size without proper permitting. Again, I would like to state that my actions so far have not been for building or land development activities, as I know that my plans for the property require a Process III or IV Permit and the time that will involve. This time frame could pose a liability issue for me as well as neighbors. Please call me if you want to walk through the property and view the issues. Sincerely, James Marino NOTE, P d su-6s;ak �'�6 04 m/i. I .b e,l i e ✓e- I lid cLe cue k-LIC �L Federal Way Revised Code § 19.120.030 • (3) Mining, quarrying, excavating, processing, per acre standard established by Table stockpiling of rock,sand,gravel,aggregate,or clay 19.120.130-1 and subject to criteria(9)(a) through where a permit has been issued by the state Depart- (c)of this section. ment of Natural Resources. (f) Removal of trees with a dbh of six inches (4) Exploratory excavations under the direction or greater that will result in the subject property of a professional engineer licensed in the state;pro- falling below the minimum tree units per acre stan- vided, that the extent of the clearing and grading dard per Table 19.120.130-1 shall require planting does not exceed the minimum necessary to obtain of replacement trees as necessary to meet the min- the desired information. imum tree units per acre standard, or the existing (5) Normal maintenance and repair of the facil- tree units per acre represented by the trees pro- ities of a common carrier by rail in interstate com- posed for removal, whichever is less. merce within its existing right-of-way. (g) Hazard trees and nuisance vegetation (6) Excavations for utility service connections may be removed without city review and approval to serve existing and/or new structures and that is if criteria(9)(a)through(c)of this section are met. outside any area that is within the jurisdiction of (10) Clearing and grading actions that comply Chapter 19.145 FWRC. with all of the following criteria: (7) Actions which must be undertaken immedi- (a) The subject property contains a perma- ately, or within a time too short to allow for corn- nent building or an active use. pliance with the requirements of this article, to (b) The clearing or grading activity will not avoid an imminent threat to public health or safety; change the points where the stormwater or ground- to prevent an imminent danger to public or private water enters or exits the subject property, and will property; or to prevent an imminent threat of seri- not change the quality or velocity of stormwater or ous environmental degradation. This determina- groundwater. tion will be made by the director. (c) The clearing or grading activity is outside (8) Clearing and grading actions that are an any area that is within the jurisdiction of Chapter integral part of an ongoing agricultural or horticul- 19.145 FWRC. tural use on the subject property. (d) Grading, filling, and excavation totals (9) Tree and vegetation removal actions con- less than 100 cubic yards. Quantities of excavation ducted on a residential lot that contains a detached and fill are calculated separately and then added dwelling unit together with any contiguous lots together to determine total excavation and fill. under the same ownership that are being main- (e) No trees or vegetation will be removed if tained for the use and enjoyment of the homeowner that vegetation was required to be retained by or that comply with the following criteria: through any development permit issued under this (a) Any trees or vegetation removed must be chapter or any prior zoning code. outside any area that is within the jurisdiction of (11) Routine maintenance of trees and vegeta- Chapter 19.145 FWRC. tion necessary to maintain the health of cultivated (b) No trees or vegetation will be removed if plants. Topping of trees as defined in Chapter that vegetation was required to be retained by or 19.05 FWRC is considered tree removal,not main- through any development permit issued under this tenance. chapter or any prior zoning code. (12) Removal of overhanging vegetation and (c) Tree and vegetation removal will not fire hazards,or removal of invasive species,hazard change the points where the stormwater or ground- trees, nuisance vegetation, or dead, dangerous, or water enters or exits the subject property and will diseased trees when authorized by the director or not change the quality,or velocity of stormwater or his/her designee. groundwater. (13) Removal of trees in easements and rights- (d) Trees with a diameter at breast height of-way for the purposes of constructing public (dbh) of up to six inches and vegetation may be streets and utilities. Protection of trees shall be a removed without city review and approval if crite- major factor in the location, design, construction, ria(9)(a)through (c)of this section are met. and maintenance of streets and utilities. These (e) Trees with a dbh of six inches or greater activities are subject to the purpose and intent of may be removed subject to the minimum tree units this article. 19-131 (Revised 10/09)