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12-102645CITY OF Federal June 15, 2012 CITY HALL Way Feder 8m Avenue South BW3- Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederaWay.com KRIS O'NEAL REGENCY WOODS HOMEOWNERS' ASSOCIATION PO BOX 4943 FEDERAL WAY, WA 98063 RE: FILE #12-102645-04-AD; AUTHORIZATION TO REMOVE DECEASED TREES Regency Woods HQA, Tract A, Federal Way Dear Ms. O'Neal; The Community and Economic Development Department has received your request to remove five deceased trees located within the Native Growth Protection Easement (NGPE) Tract A of the Regency Woods subdivision. Specific plat language requires all vegetative maintenance activities obtain city approval, and according to the city's Critical Areas inventory, the trees are within an erasion hazard area. Therefore, removal does not qualify as an exempt action listed in Federal Way Revised Code (FWRC) 19.120.030. The department has issued Interpretation #10-01 that provides clarification of the proper procedure, applicationn materials, and decisional criteria for vegetation removal within identified critical areas. DECISION Removal of the five trees as shown on the submitted photo utilizing hand tools and/or hand powered tools is hereby approved per the findings and conclusions provided below. CONDITIONS 1. Felled trees shall not be removed from the NGPE. 2. If stumps are removed, bare soils shall be covered immediately with mulch and/or additional native planting. BACKGROUND The department received the removal request June 11, 2012, from the subdivision's homeowners' association representative. The request included multiple angled photos of five trees that are clearly deceased and located within an NGPE area. The deceased trees pose a potential threat to two adjacent properties: 1945 South 375`h Street and 37557 21 n Avenue South. The tract is heavily vegetated with mature evergreen and deciduous trees along with understory growth. Due to the limited scope of the proposal, the obvious condition of the trees, and existing vegetative cover that will remain following removal, a professionally prepared vegetation maintenance plan will not be required. DECISIONAL CRITERIA Planning Division staff reviewing your request has provided a bulleted response to each of the director's decisional criteria below. 1. The proposed activity will not adversely affect water quality. • Scope of tree removal is limited to five trees and not within stream or shoreline area. Water quality will not be affected. Ms. O'Neal June 15, 2012 Page 2 2. The proposed activity will not destroy nor damage a significant habitat area. • The NGPE is heavily vegetated and removal of five deceased trees will not destroy or damage habitat. Felled trees will remain within the tract to decompose naturally and provide additional understory habitat. 3. The proposed activity will not adversely affect drainage or stormwater retention capabilities. + Area of tree removal is outside designated stormwater retention area. The deceased trees provide no drainage or stormwater retention and their removal will not affect further retention capabilities. 4. The proposed activity will not lead to unstable earth conditions nor create erosion hazards. Tree removal is limited in scope. Stumps will remain, or if removed, such areas with bare soil will be immediately covered or replanted. Remaining vegetation will provide adequate stabilization and erosion controls. 5. The proposed activity will not be materially detrimental to any other property nor to the city as a whole, including the loss of significant open space. + Tree removal will reduce the likelihood of private property damage. Result of tree removal will not contribute to loss of open space. The proposed activity is necessary to: a) maintain existing pathways and landscaping, ensure the health of existing vegetation, achieve limited pruning to allow for view maintenance, reduce tree mass or redirect tree growth, or similar purposes; and/or b) the proposed activity is necessary to minimize potential impacts from dead, dying, diseased, or otherwise dangerous or nuisance vegetation. (Emphasis added.) • The trees proposed for removal are obviously deceased and should be removed to avoid failure and potential property damage. 7. The proposed activity does not require review under the State Environmental Policy Act. • The department concludes hazardous tree removal within critical areas is a maintenance activity and categorically exempt from an environmental threshold determination pursuant to FWRC 14.15.070. The proposed activity is consistent with the requirements of Chapter 19.120, Clearing, Grading, and Tree and Vegetation Retention. + Limited scope of work and preservation of existing vegetation is consistent with the purpose statement and regulations of Chapter 19.120. CLOSING This administrative decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this site. Please contact Matthew Herrera, Associate Planner, if you have any questions regarding this decision. Sincerely, Isaac Conlen, Planning Manager for Patrick Doherty, Director C. Matthew Herrera, Associate Planner 12-102645 Doc LD 61443 Isaac Conlen From: Kris O'Neal tcmmko@aol.com> Sent: Friday, June 08, 2012 7:43 AM To: Isaac Conlen Subject: FW: RWHOA (What I was going to send) Attachments: From 21st.JPG; From 21st-2.JPG; From 375th.JPG; From 375th-2.JPG Mr. Conlen, I represent the Regency Woods HOA. We have 4 dead trees in our NGPE which are a hazard to several of our residents. We are requesting permission to have the trees removed at our expense. The trees are directly behind the residences at 1945 S. 375th Street and 37557 21 st Ave S. Enclosed are pictures from both properties of the dead trees. Steve Skipper talked with Kennith and Grace earlier today and showing them our plat and greenbelt location. We appreciate your assistance on this matter. 0W"/ CM&MCo. 1911 SW Campus Dr. #454 Federal Way, WA 98023 Kris@cmm-wa.com 253-874-5250 253-793-8898 - fax Rtzt nVau ,,y 11 2012 CITY DE FEDERAL WAY CDS I $I C ••F'r _ a . • t i e 411 l rr 39 Yy` yri 'OYU wo Ak � ;� ram? ���/ •. s.. .- � lir , Abu lot .� - � - `��� � +P'+" • .fir, .. '� cK i, i off r+�; �. ,«.r• ,x _r ��, �� `~• ^ � �• 'I -7 7• .fit •� , •-c.ft�i' 1 9/� a .� " .1 � .•1�'• ���' �NTr�t t� try . ik • • :�. _ fir• rr+ f��' �� ~ �' ""'�' 4 mil_ , � � _� _ � . �1y'4 -�•~:� r : -' . F" r r hS �•. API ,