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13-101849 CITY OF CITY HALL 33325 8th Avenue South Federal Way Mailing Address: PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederalway.com May 23,2013 F ILE Mr. Loren Meiser 4235 South 324th Place Federal Way, WA 98001 Re: File#13-101849-00-AD; Goldmaur Tract A—*No Site Address* Dear Mr.Miser: The Community and Economic Development Department has received your request to remove hazardous trees at the above-referenced address.According to the city's critical areas inventory,the trees are located in erosion hazard and landslide hazard areas,and therefore,removal does not qualify as an exempt action under Federal Way Revised Code(FWRC) 19.120.030.The department has issued Interpretation#10-01 that provides clarification of the proper procedure,application materials,and decisional criteria for vegetation removal within identified critical areas. DECISION The proposed tree work utilizing hand tools and/or hand powered tools is hereby approved per the findings and conclusions provided below. BACKGROUND On April 24,2013,the city received a request from I.S.A. Certified Arborist Bryce Landrud with Thundering Oak Enterprises.As detailed in the letter provided by Mr.Landrud,the subject trees pose potential hazard to the house,_ya l,_driveway,_and car on the property identified above.Mr.Landrud proposes work on one black cottonwood and seven alders. DECISIONAL CRITERIA Planning Division staff reviewed the request and provided a response to each of the director's decisional criteria below. 1. The proposed activity will not adversely affect water quality. The scope of work is limited to only the trees mentioned in the arborist report that pose risk to residential property.Tree roots will not be disturbed and adequate erosion protection to the slope will be retained. Further,the decision has been conditioned to allow removal via hand tools only to limit impact on surrounding soils. 2. The proposed activity will not destroy nor damage a significant habitat area. The parcels are located within a wetland buffer.Eight trees will be removed, but the lot is heavily wooded and adequate vegetation will remain. File#13-101849-00-AD Doc.ID.63376 Mr.Loren Meiser Page 2 of 2 May 23,2013 3. The proposed activity will not adversely affect drainage or stormwater retention capabilities. Tree stumps and root systems will be retained, so work will not alter the drainage course or contribute to drainage and stormwater retention failures. 4. The proposed activity will noc lead to unstable earth conditions, nor create erosion hazards. The tree work is limited in scope.The 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. The tree work will reduce the likelihood of property damage and the result of the tree work will not contribute to the loss of open space. 6. 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.)Certified Arborist Bryce Landrud has determined the trees are growing over the road towards the house,yard,driveway,and car. His recommendation is to remove damaged portions before they damage the house. 7. The proposed activity does not require review under the State Environmental Policy Act. The department concludes this activity is exempt from SEPA review. 8. The proposed activity is consistent with the requirements of Chapter 19.120, "Clearing, Grading, and Tree and Vegetation Retention."The removal of hazardous tress 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 Planning Intern Stacey Curry at 253-835-2622,or Stacey.Curry@cityoffederalway.com,should you have any-questions regarding this decision. Sincerely, Isaac Conlen, Planning Manager for Patrick Doherty, Director c: Stacey Curry,Planning Intern File#13-101849-00-AD Doc.I.D.63376 A1) */ 3 -- (01 E49 1 P.O. Sox 785i 7 '` Auburn, WA 98071-18'77 Ihundering OFFice 253 288 TREE (8733) Oak FAX: 253.939.5726 I A I-I I; I.I( ! April 16. 2013 Mr. Loren Miser 4235 S. 324th St. Auburn, Wa. 98001 Dear Mr. Miser, I visited your home back in September to examine some trees across the road from your home. These trees are on another owner's private lot to the north of\ours. vv hich is undeveloped. In all. I counted one black cottonwood (22" diameter) and 7 alders (8-18") that are growing out over the road towards your house, yard. driveway and car. Phototropism is to blame for the growth habit of the trees: the sunshine comes primarily from the south and there are no competing trees due to the road. It is likely that all 8 trees will continue togrow and deyclop this way. until at some point the weight of the branch ends and tops will overcome the stems structural ability to support them. With some (especially the cottonwood) trees. branch and top failure are common. and predicting or preventing them is impossible. l)ue to the large number of native trees located tiroualhout this lot. it is my recommendation to remove these 'leaners' before they attain a size where a failure could cause siLiniticant property or, worse, personal injury to vehicular passengers. Respectfully submitted. Bryce Landrtid I S.A. Certified Arborist ilPN0232 RECEIVED APR 2 4 2013 CITY OF FEDERAL WAY CDS • TREE REMOVAL AGREEMENT I, Loren Meiser, agree to have Bryce Landrud mark the trees on the two lots* owned by Norman Kutscha and across the street in front of my house which present a hazard to me if they were to fall towards my property. Bryce Landrud or the City ofederal Way will cut and remove those trees. Trees will be cut as close to the ground as possible but the stumps will not be removed. The trees and all associated branches and other debris will be completely removed from the lots. All costs, including marking of trees, cutting of trees, removal of branches, and any other expenses, such as any legal expenses which might be incurred as a result of removing the trees, will be paid by myself. I will notify Norman Kutscha when the trees have been cut and removed so he may inspect the lots for satisfactory cutting and cleanup of branches and debris. - Z(— (Z • •�� to/e./t2 ignature Date Signature Date Loren Meiser Norman P. Kutscha 4235 South 324th Place 3302138th Avenue South Federal Way, WA 98001 Federal Way, WA 98001 *4242 S. 324th Place (west lot) 4248 S. 324th Place (east corner lot)