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15-102551FILE July 8, 2015 Shirley Agodoa 514 South Marine Hills Way Federal Way, WA 98003 Jim Ferrell, Mayor RE: File #15-102551-00-AD; GHA INTRUSION RESPONSE Agodoa Property, 514 South Marine Hills Way, Federal Way Dear Mrs. Agodoa: The City of Federal Way's Community Development Department has reviewed your request for after -the -fact approval for an intrusion into critical area setback consisting of tree and vegetation removal and placement of gravel. Per the request and pictures that were provided, 8 to 10 yards of gravel was added to your property and spread across the backyard to cover up the horsetail as weed control. The gravel is 8 '/z feet to 14 feet wide in areas and is adjacent to blackberry bushes near the top of the slope. The trees have been cut and left on the slope and the stumps have been left in the ground. GEOLOGICALLY HAZARDOUS AREAS According to the City's Critical Areas map, your property is located within a geologically hazardous area (erosion and landslide hazard areas). The city has recently updated the Critical Area chapter of the Federal Way Revised Code (FWRC); referenced code sections have been enclosed in this letter. Pursuant to FWRC 19.145.230, the Director may permit intrusion into such areas if it will not lead to or create any increased slide, seismic, or erosion hazard. Verification that the added gravel and tree removal will not lead to or create an increased slide hazard is required. Please provide a geotechnical report prepared by a geotechnical engineer or engineering geologist licensed in the state that meets the criteria outlined in FWRC 19.145.080(2) and 19.145.250. The report should also address what should be done with the fallen trees and recommendations for corrective actions as necessary. The geotechnical report may be reviewed by the City's third party consultant at the applicant's expense. CLOSING Please provide the necessary geotechnical report by September 30, 2015. Any future vegetation maintenance or intrusions within the GHA will require prior approval by the city. If you have any questions regarding this decision, please contact me at 253-835-2641, or Becky.chapin@cityoffederalway.com. Sincerely, &C, k01-:- Becky Chapin Associate Planner Doc. I.D. 69793 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com F 25P. " December 4, 2015 Jim Ferrell, Mayor Shirley Agodoa 514 South Marine Hills Way Federal Way, WA 98003 RE: File #15-102551-00-AD; GEOLOGICALLY HAZARDOUS AREA APPROVAL Agodoa GHA Intrusion, 514 South Marine Hills Way, Federal Way Dear Mrs. Agodoa: The City of Federal Way's Community Development Department has completed technical review of your request for after -the -fact approval to intrude into a Geologically Hazardous Area (GHA) for vegetation maintenance and removal activities. This includes placing clean gravel (crashed rock) erosion blanket near the top of the slope, trimming of small trees and brush on the slope area, and removal of one tree on the slope area.' Based on the Geotechnical Report prepared by GeoResources, dated September 28, 2015, the vegetation trimming in the upper slope area and placement of crushed rock above the slope do not increase the risk of erosion and/or slope instability. No ground disturbance occurred and the vegetation was trimmed. The geotechnical engineer also evaluated the impact of cutting one tree on the slope and determined that this action does not have an adverse impact on slope stability. The work is approved this one time. Any future vegetation maintenance, tree removal, or plans for on- going maintenance in the GHA will require Director's review and approval prior to the activities taking Ip ace. If you have any questions regarding this decision, please contact Becky Chapin, Associate Planner, at 253-835-2641 or becky.chapin@cityoffederalway.com. Sincerely, rXw""Ll-A, Michael A. Morales Community Development Director c: Becky Chapin; Associate Planner 1 It appears one tree may have been cut on the slope although this has not been confirmed definitively. Further, it is not clear whose property the tree was situated upon. Doc. I.D_ 71409 33325 8th Avenue South, Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Becky Chapin From: Isaac Conlen Sent: Tuesday, November 10, 2015 9:48 AM To: Scott Sproul; Michael Morales Cc: Becky Chapin Subject: RE: Tree Concerns Hi Michael, To add to this — Planning has been working with the uphill property owner to obtain approval for the unpermitted work they did on their property. The work included placement of some crushed rock and tree trimming/cutting on the slope. This requires AD approval because the work is taking place in a geologically hazardous area. We required them to obtain a geotechnical report to establish if the work had any detrimental impact on the slope. The geotechnical report indicates the work does not have a detrimental impact on the slope. Based on that we are ready to approve the AD — but will hold off till we hear from you. A couple other points. Mr. Case believes the uphill neighbor cut a tree and left it laying on the slope. This is probably true, although we have not been able to confirm it at this point (and given the circumstances it would be difficult to establish whose property the cut tree was on). He has repeatedly expressed that he fears the cut tree will slide down the slope and damage his property. This seems highly unlikely. A tree lying on a slope is acted upon by too much friction to spontaneously slide down a hillside. Branches and the rough texture and shape of the trunk and the heavy underbrush in the area would prevent sliding. We asked the geotech about this question and he indicated it is not a problem. With regard to the comment about water flowing onto their property, that is not surprising given the weather pattern yesterday and Sunday. It rained extremely hard here so rainwater was certainly running down the hillside. There's no evidence that had anything to do with a cut tree. Becky can fill you in when you return. I'll be out on vacation. Isaac Conlen Planning Manager 253 835 2643 From: Scott Sproul Sent: Monday, November 09, 2015 4:07 PM To: Michael Morales; Isaac Conlen Subject: RE: Tree Concerns Michael I just completed a site visit with John, we can see no erosion down the hill, we walk the same places as the pictures were taken, the hill side is very dense with trees. The rain storm we had today was very intents and yes it did move some small gravel on path but we did not see any hill side erosion. As which tree I do not know which property he is talking about. Scott From: Michael Morales Sent: Monday, November 09, 2015 2:24 PM To: Isaac Conlen; Scott Sproul Subject: Fwd: Tree Concerns Please provide an update. My recollection is that it's connected to the larger review and we couldn't prove who was responsible. Again, these are not federal way residents. Isn't this a public works issue? Sent from my Verizon 4G LTE Smartphone ----- Forwarded message ----- From: "Malcolm Case" <iustincase00@gmail.com> To: "Michael Morales" <Michael.Morales@cityoffed eralway.com>, "Fei Tang" <Fei.Tan cit offederalwa .com> Cc: "scheffervi@comcast.net" <scheffervi@comcast.net>, "Carol Grasso" <grassoci@yahoo.com>, "Tom Anderson" <tomkingmr@msn.com>, "Leslie Dizon" <I.dizon@comcast.net>, "Richard Haff" <nhaffr@yahoo.com>, "Doug Peace" <peace@crowncompanies.com> Subject: Tree Concerns Date: Mon, Nov 9, 2015 2:08 PM Michael, Do you have any updated information regarding the downed tree behind our Redondo Ridge condo complex, and any estimation on when the tree will be removed? With the current heavy rains, we have concerns with the tree coming down the hill and possibly damaging parked cars or other property. I am currently in Arizona but have been receiving e-mails from our condo residents that there is a significant amount of water running down the hillside and eroding part of our property. We do not know the origin of the water, but have a concern that it may be the result of the tree being cut down and water being diverted to the south end of our property. Fei, The water may also be the result of the work that was done on the drain pipe at the south end of our property, just behind Jeff Johnson's house. It would be greatly appreciated if you would send someone to address this issue right away. We have not had this problem in the past. This is a result of some recent change by either the property owners above us or to the hillside. I have attached photos to give you an idea of the erosion we are experiencing. Please call me if necessary to discuss. Thank you! Malcolm Case President - Redondo Ridge condos Board of Directors (206) 718-5461 Becky Chapin From: Brad Biggerstaff <BradB@georesources.us> Sent: Monday, October 12, 2015 10:55 AM To: Isaac Conlen Cc: Becky Chapin Subject: RE: GHA Good morning. My question is specific to the subject site and what was done, not landscaping in general. Relative to the two landscaping issues at this site, the placing of a thin layer of clean crushed rock over a weed/filter fabric, rather than bark that has to be replaced on a regular basis does not change the hydrologic character of the site. The clean rock over the pervious fabric allows the water to infiltrate into the underlying soils to the extent it did previously. Our understanding was that the preexisting condition was old mostly decomposed bark with scattered weeds. And in most jurisdictions, unless you are disturbing the soil and roots, it is not considered grading or development, simply landscaping. And the placement of clean crushed rock (quarry spalls) on slope or even landslide areas, is a common stabilization mitigation option. The issue of trimming trees'and leaving the debris on the slope depends on the amount and type of debris. We commonly recommend that trees on or near slopes be trimmed to reduce the wind sail effect which is detrimental to long term slope stability. Provided the under growth is maintained, the overall vegetative performance relative to rainfall is not changed significantly. And provided the trees trimmed area deciduous, they grow back rapidly, and typically are in a healthier condition based on our discussions with arborists. Relative to the debris, provided the debris is not stockpiled, there should be no adverse impact. Stockpiling tends to kill the underlying vegetation. And removing the vegetation can result in disturbance of the undergrowth and surficial soils, which then leads to potential erosion and slope stability issues. Hope that helps answer the questions. Brad From: Isaac Conlen [ma iIto: Isaac.Conlen @citvoffederalwa .cony] Sent: Monday, October 12, 2015 10:08 AM To: Brad Biggerstaff <BradB eoresources.us> Cc: Becky Chapin <Becky.Chapin@cityoffederalway.com> Subject: FW: GHA Hi Brad, Becky forwarded your report and email response. I'm curious about the question you pose in your email. I also have several questions on the report. You indicated "not sure why we are doing this, seems like landscaping". FWRC 19.145.220 states "This article regulates development activities on or within 50-feet of a geologically hazardous area". Clearing vegetation, and placing crushed rock in a significant amount is clearly a development activity and it is directly adjacent to the top of slope. Therefore, the reason a geotech report is required is because City code requires it in this circumstance. But, setting the code aside for a second, I'm still curious about your question. I agree what they did is landscaping work. Are you suggesting that landscaping work could never have any detrimental impact on slope stability? Your question implies that to be the case. Our concern is the incremental modification of upslope properties that over time could contribute to slope instability. There have been several landslides in recent years in this area. We have neighbors at the bottom of this slope arguing that modifications made to upslope properties have contributed to the cause of these landslides. The addition of rock to an area that was previously vegetated has the potential to change drainage patterns, which certainly has the potential to affect slope stability. The submitted report does not address the issue of drainage. There's no discussion of the square footage of the rock placement. There's no discussion of the infiltration characteristics of the rock or the underlying soil. Is the rock compacted? I assume the fabric placed under the rock is pervious, but that should be confirmed. In your report you state that you did not observe any significant tree stumps. Fair enough, but we have been provided with a photograph of a recently cut tree and stump on the slope. It seems likely that at least one medium sized tree was cut somewhere along the slope. The downhill neighbor is alleging that leaving the tree and other cut debris laying on the slope is a hazard to his property and that it should be removed. Can you address this issue? Please respond to the questions about drainage and cut debris on the slope. Thanks. Best, Isaac Conlen Planning Manager 253 835 2643 From: Becky Chapin Sent: Friday, October 02, 2015 4:04 PM To: Isaac Conlen Subject: FW: GHA Isaac, I received the following report from GeoResources for vegetation maintenance work that was done in a GHA. Thanks, Becky From: Brad Biggerstaff [mailto:BradB@aeoresources.us] Sent: Wednesday, September 30, 2015 10:45 AM To: Becky Chapin Cc: apadoa00100netscape.net Subject: GHA Here is report ................not sure why we are doing this, seems like landscaping. Brad DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES .RECEIVED 33325 8`h Avenue South Federal Way, WA 98003-6325 CITY OF OCT 0 2 2015 253-835-2607; Fax 253-835-2609 Federal Way w■vw.citvoftcderalway.com CITY OF FEDERAL WAY CDS RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be returned or discarded. You are encouraged to submit all items in person and to contact the Permit Counter prior to submitting ifyou are not sure about the number of copies required. ** ANYCHANGES TO DRAWINGS MUST BE CLOUDED. Project Number: 15 - _� 0 " J G _L Project Name: Qd o Project Address: a - J Project Contact: Phone: 17� xg �1 q-0 5 L RESUBMITTED ITEMS: # of Copies ** _(DO -ft�) Detailed Description of Item ** Always submit the same number of copies as required foryour initial application." Resubmittal Requested by: Letter Dated: -7 K,Staffto r RESUB #.- OFFICE USE Oft Y Distribution Date: C)2/(S # I Descripti Bulletin # 129 - January ] , 2011 Page 1 of ] k:\Handouts\Resubmittal Information GeoResources, LLC Ph. 253-896-1011 5007 Pacific Hwy. E, Suite 16 Fx. 253-896-2633 Fife, Washington 98424 September 28, 2015 Ms, Shirley Agodoa 514 S Marine Hills Way Federal Way, WA 98023 Geotechnical Report Landscaping in GHA 514 S Marine Hills Way Federal Way, WA 98023 File: 15-102551-00-AD Job: Agodoa.SMari neHillsWay.RG This report provides summarizes our site observations and provides the requested information for the City, of Federal Way per their letter.of July 8, 2016 regarding, landscaping activity on the subjecf property,. We understand thatthe City has identified the rear portion of the property as being situated within a GHA (Geologic Hazard Area) because of the.slope inclinations. The "intrusion" into the GHA area on your property consisted of placing a clean gravel (crushed rock) erosion blanket near the top of the rear steeper slope area, and trimming the small trees and .brush on the slope area. Based on our site observations, the rock landscape material was placed over a landscape fabric and extends from the rear landscape wall and stairway approximately 8 to 15 feet towards the top of the lower steep.stope. The rock material ranged from,f to several inches in thickness: The rock did not extend onto the steep slope area. Based on our discussions with you, this area was previously, covered with noxious weeds and invasive vegetation. Photographs of the landscaped area are attached. Additionally, we understand that you retained a landscaper to re -trim the higher growing vegetation on the upper slope area situated on your property. The City indicated that this included trees, however we did not observe any significant tree stumps on the slope area, rather small deciduous trees and brush (vine maples and invasive blackberries). Many of the stumps showed evidence of previous trimming from a number of years ago, indicating that this is an area maintained for view, similar to the adjacent properties. It appears that the trimming of the vegetation was in general accordance with the standards of practice for this type of view maintenance. Although it may have been prudent for you to notify the City of the vegetation maintenance activity, this activity is certainly allowed for maintenance of your and your neighbor's view corridors. Relative to the placement of the clean crushed rock, it is obvious that this material was placed as landscaping in an effort to prevent the intrusion of the invasive noxious weeds and reduce maintenance. This rock material is no different that placing other erosion protection material such as bark, except that it does not have to be replaced every few years. Thus, this is a long term solution to the issue. This report is provided to meet the "geotechnical report" requirements of the "GHA Intrusion". It is our opinion however, a geotechnical report is not warranted. No ground disturbance occurred and the vegetation was trimmed, not removed. The lower growing vegetation was maintained. The clean crushed rock was placed as a landscape ground cover over a filter fabric, similar to placing bark or other erosion protective material. In the future, we recommend that you contact the city prior to doing the vegetation management for view corridor in the GHA. Per FWRC 19.145.080(2) and 19.145.250, the vegetation trimming in the upper slope eEcEgvE® and placement of the clean crushed rock above the slope do not increase the risk of erosion OCT 0 2 2015 Cl fY OF FEDERAL WAY CDS Agogoa - S Marine Hills Way September 28, 2015 Page 2 and/or slope instability. In fact, it is our opinion that appropriate trimming of the larger vegetation while maintaining the lower growing vegetation improves slope stability. Appropriate trimming of the alder and maple trees actually promotes healthy growth of the trees. Given the size of the vegetation trimmed, provided the material is dispersed across the area and not nested or stockpiled, it does not have an adverse impact on scope stability. Stockpiles debris tends to kill the low growing vegetation. The placement of the clean crushed rock as landscaping ground cover functions as an erosion control material and last significantly longer than bark and other decomposable materials. Thus less disturbance of the area occurs. This material, as placed, does not adversely impact slope stability. We have appreciated working for you on this project. Please do not hesitate to call at your earliest convenience if you have any questions or comments. Respectfully submitted, BRADLEY P DIGGERSTAFF Brad P-. Biggerstaff, LEG, LHG Principal BPB:DCB:bpb Doc ID:Agodoa.SMarinehilsWay.L Attachments: Figure 1: Site Photos Dana C. Biggerstaff, PE Senior Geotechnical Engineer f�or'S Shirley Agodoa RECEIVED BY 514 S. Marine Hills Way COMMUNITY & ECONOMIC Federal Way, WA 98003 DEVELOPMENT DEPARTMENT MAY 2 2 2015 12 May 2015 Ms. Becky Chapin Associate Planner City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Dear Becky It was good meeting you and talking to you last week and thank you for the Department of Community Development Services Interpretation #10-01. As I mentioned to you, prior to building on this property we had two Geotechnical assessments, both privately and from the City of Federal Way. The location of the house was based on their reports. At no point were we provided a copy of the City's policy on Vegetation Maintenance in a Critical Area. Until our discussion I was not aware that the area we ordered the gravel to be placed to control rapidly growing horsetail weed was defined as a "Critical Area." Per your instruction, I hereby request (after -the -fact) that we are allowed to cover a small area on the north end of our property with gravel for weed control. A description of the area is shown below: Sincere y, Shirley Agodoa IRW 'i `�� •cry .r"�::f- �:: n y p. .::�. �::"• � .- - :' k �4 1 -�J �' �. _ .. ' � � �a�iry�}.'{'t.: • 1Crr tiF � - •.�Fi� ��y�'N �yx-4� �... '' � c ; •r� .. � 7.,_ Y Cam. - i_ .rss�yyr �L'=• •.•iy .,. ""::i 4.� +.� ti. e:x. • {: ' - q `-�•" a r..F nt.- ,{ . ... , � - !�r . � ��: ..:: 3,�� .�_ ' �!•�ta ,X„ ;y.� ice• ... - _ ��-r�5� >� ' �- la. 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I � .. 4. , F," � • . i+par r •sx •i.�ii� nntit =(`st4 �... �. ,-�!l�;�F�YS.,!�i=� � f + Becky Chapin From: Shirley Agodoa <sagodoa@icloud.com> Sent: Tuesday, May 05, 2015 5:23 PM To: beckychapin@cityoffederalway.com Subject: Pictures of Agodoa Back Yard Becky, The three pictures taken today, May 5, show the work done to help contain the Horse Tails from the walk way to the Blackberries lining our back yard. It was nice meeting you, and please give my home phone number to Kalon. Shirley Agodoa 253-839-1405 .011W. Sent from my iPad f 3 22 November, 2016 Mr. Scott Steckline Code Compliance Officer Community Development Department City of Federal Way 33325 8th Av South Federal Way, WA 98003 Re: File # 16-105510-000-00-VO Dear Mr. Steckline Lawrence & Shirley Agodoa 514 S Marine Hills Way Federal Way, WA 98003 RECEIVED BY COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT NOV 2 8 2016 A year ago, the member from the Redondo Ridge Condominium Association contacted the City of Federal Way with a similar complaint and cited our newly installed gravel patch with erosion blanket as the possible culprit. The Community Development Director, Mr. Michael Morales through Associate Planner, Ms. Becky Chapin, ordered us to have a Geotechnical examination of our property and the hill side. The geotechnical engineers reported to the City of Federal Way that they did not find any situation on our property that would have adverse impact on slope stability. The sediment laden water your staff observed in the ravine did not originate from our property. The contractor who built this house was guided by Federal Way City ordinance to make sure that no free water flowed from the property down the slope. From that together with the findings from the recent evaluation by the geotechnical engineers, this property is in compliance with City of Federal Way codes. Please let me know if you have any further questions. Sincerely, -PQ-� Lawrence Agodoa Shirley & Lawrence Agodoa Home Tel &FAX.• 253-839-1405 Mobile. 253-653-1515 E-mail: AGQDOA001 NETSCAPE.NET