10-101852CITY !7F
Federal
May 13, 2010
Richard and Diane Manson
1421 SW 319" Court
Federal Way, WA 98023-4729
CITY HALL
Way
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
RE: File #10-101852-00-AD; MANSON TREE REMOVAL INQUIRY
Lakota Trails Division I, Tract B, south of 1421 SW 3191h Court, Federal Way, WA
Dear Mr. & Mrs. Manson:
I am in the process of reviewing your request to remove trees located adjacent to your above -referenced
property. Your May 5, 2010, letter noted that Arborist Dale Eggers has been to the site and felt that a
number of the cottonwood trees should be removed from an area south of your property.
The area south of your property is Tract B of Lakota Trails Division I and is shown on the face of the plat
map as a Wetland and Buffer Tract and an NGPE (Native Growth Protection Easement). The plat of
Lakota Trails Division 1 was recorded in 1989 and contained regulatory language about the NGPE on
sheet 1 of 7 (see enclosed copy). Today, wetlands and their buffers are regulated under Federal Way
Revised Code (FWRC) Chapter 19.145. Tree removal within these areas is regulated under the provisions
of FWRC 19.120 - Clearing, Grading, and Tree and Vegetation Retention.
A recent interpretation' clarified the process for requests for vegetation maintenance within a critical area,
including hazard tree removal, removal of nuisance vegetation, and limited pruning. These actions are
subject to Process 1, Director's Approval, which is an administrative review process with hourly review
fees.
The following information materials must be submitted:
1. A vegetation maintenance plan prepared by an expert approved by the city (such as, but not limited
to a professional forester, certified arborist, or landscape architect), that includes the following:
a. • A site plan at appropriate scale denoting the extent of the proposed vegetation
maintenance activity and location of the critical area(s).
b. Tree and vegetation location, and type and caliper of each tree within the area subject to
the proposed vegetation maintenance activity.
c. Identification of methods of vegetation control proposed (limited to hand tools and hand
powered tools).
d. Tree/vegetation replacement proposed: if required to maintain the ecological function of
the critical area and/or to meet requirements of FWRC 19.120.130, Tree and Vegetation
Retention Requirements.I
2. When required, special studies such as a wetland or stream analyses, or a soils report prepared
by a qualified professional approved by the city.'
See enclosed interpretation #10-01 dated 022/04/ 10
MOTE: Please have your arborist address this matter; e.g., is it better to leave the cut trees in the wetland buffer to maintain the
ecological function of the area or remove the cut trees.
Mr. & Mrs. Manson
May 13, 2010
Page 2
The following criteria shall be utilized in reviewing proposed vegetation maintenance activities within a critical area:
1. The proposed activity will not adversely affect water quality.
2. The proposed activity will not destroy nor damage a significant habitat area.
3. The proposed activity will not adversely affect drainage or stormwater retention capabilities.
4. The proposed activity will not lead to unstable earth conditions nor create erosion hazards.
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.
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.
7. The proposed activity does not require review under the State Environmental Policy Act (SEPA).
8. The proposed activity is consistent with the requirements of Chapter 19. t20, Clearing, Grading,
and Tree and Vegetation Retention.
After completing review of the proposed activity per the criteria listed above, the director shall issue a letter
informing the applicant whether or not the proposed activity is approved and of any conditions that apply.
Therefore, in order to continue with the request, please provide a vegetation maintenance plan and a letter
that explains how the proposal addresses the above noted criteria. Please direct these to my attention
along with the enclosed Resubmittal Information Form A deposit of $80 is required to continue review of
this request.
I've enclosed an aerial photo from 2007 of the wetland and buffer for tree location reference. I've also
forwarded this letter and aerial to Mr. Eggers since I do not have a telephone number for him
Lastly, you will note that Tract B is dedicated to the Lakota Trails Home Owners Association on the face
of the plat. Based on information you provided, I understand that the Lakota Trails Homeowners
Association was dissolved in 1995. I'm not aware that this dissolution changes any of the ownership of
Tract B, which is still owned by the Lakota Trails Division I property owners. However, as no formal
organization exists to submit your request, and in the interest of safety, the City will process the tree
removal request made in your May 5, 2010 letter.
Please do not hesitate to contact me at 253-835-2642 or at deb.barker@cityoffederalway.com if you have
any questions about this requested information -
Sincerely,
Deb Barker
Senior Planner
Enclosures as noted
c: Dale Eggers, 3920 South 340`h Street, Auburn, WA 98001
' NOTE: I am not aware of any special studies that will be required other than applicable responses Isom your Arborist.
10-IOIRi'_
Dec f.0 53667
4CITY OF
§, Federal Way
August 27, 2010
Richard and Diana Manson
1421 SW 3191h Court
Federal Way, WA 98023-4729
CITY HALL
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
RE: FILE #10-102111-00-UP; PROCESS I DIRECTOR'SDECISION
Hazardous Tree Removal at Lakota Trails Tract B Wetland Buffer
Dear Mr. & Mrs. Manson:
The City has completed Process I Land Use Review and conditionally approves the proposed removal of
three cottonwood trees from the northern edge of Tract B, Lakota Trails Division #1. According to the
Lakota Trails plat, Tract B is a Native Growth Protection Easement (NGPE), containing a wetland and
wetland buffer that meets the definition of a critical area under Federal Way Revised Code (FWRC).
Tract B is dedicated to the Lakota Trails Homeowners' Association' and is over three acres in size.
Arborist's Vegetation Plan - Your initial request to remove trees in Tract B was submitted to the City on
May 5, 2010. It was determined that the three trees are located in the wetland buffer/critical area and you
were notified in a July 1, 2010, letter that an analysis would need to be conducted by a qualified tree
arborist.
A Tree Hazard Report and findings dated July 27, 2010, prepared by Certified Arborist Dennis Tompkins
with The Evergreen Arborist, Inc., was submitted to the City on August 6, 2010. Mr. Tompkins
recommends removal of three cottonwood trees located at the edge of the wetland buffer that have
experienced limb failure or are adjacent to your property. His recommendation is supported by a
Vegetation Management Plan; an ISA3 Tree Risk Assessment form with overall risk ratings and action
thresholds, as well as an aerial photo marking the location of the three cottonwood trees south of your
property. The management plan recommends that the trees be felled to the south into the greenbelt
(buffer) and all debris left on the ground to decompose. Because of extensive existing vegetation in the
buffer, replanting is not recommended.
The felled trees will provide habitat for wildlife that resides in the wetland buffer and thus continue the
ecological function of the area. The size and condition of the trees along with the proximity of residential
properties appears to pose a risk to adjacent properties during future storms. Removal of these trees as
recommended in the vegetation management plan and as conditioned will not affect water quality; will
not destroy or damage a significant habitat area as long as the cut trees are left on the ground; will not
adversely affect drainage or stormwater retention capabilities as the trees are located in the wetland buffer
and are not near the wetland outlet to Lakota Creek; will not lead to unstable earth conditions or create
erosion hazards as the site is flat and the tree stumps are to be retained; will not be materially detrimental
1 According to information you submitted, the Lakota Trails Homeowners' Association was dissolved by the state of Washington
in August of 1995. King County has no record of Tract B as there is no tax parcel number assigned to it_ However, the dissolution
of the Homeowners' Association does not change the ownership of Tract B, which is still owned by the Lakota Trails Division I
property owners. The City has agreed to process your tree removal request in the interest of safety.
2 Your initial tree consultant was a tree service expert, but not a licensed arborist.
3 ISA = International Society of Arboriculture
Mr. & Mrs_ Manson
August 27, 2010
Page 2
to any property nor to the city as a whole as no open space is lost; and the proposed activity is necessary
to minimize potential impacts from dangerous vegetation. This work is exempt from SEPA review per
Washington Administrative Code (WAC) 197.11.800(3) as normal maintenance; and has been found to be
consistent with the requirements of FWRC 19.120. Based on the City's review, the Process I application
to remove three cottonwood trees identified in the Arborist's Tree Hazard Report and findings dated July
27, 2010, and associated aerial photo is administratively approved subject to the following conditions:
Conditions of Approval
1. A copy of this Process I Director's Approval shall be posted outside of your home during all tree
cutting activity.
2. Stump and root systems are to remain in place and undisturbed.
3. Felled trees must be left in the wetland buffer.
4. Only handheld tools may be used (including, but not limited to, handheld chainsaws). Use of heavy
machinery shall not be permitted.
5. The City authorizes the removal of the hazardous trees from the wetland buffer. However, it is the
applicant's responsibility to obtain approval from the wetland buffer property owner(s).
6. The applicant agrees to indemnify, defend, and hold harmless the City of Federal Way for any
actions, claim, loss, or damage arising out of or connected with this decision to the extent caused by
the applicant.
This decision shall not waive compliance with future City of Federal Way codes, policies, and standards
relating to this project site. The effective date of decision is August 30, 2010, or three days from the date
of this letter.
As noted in the City's July 1, 2010 letter, ownership of Tract B is still unresolved. The City can only
grant the Tract B property owner permission to remove vegetation, and the last property owner, Lakota
Trails HOA, was dissolved in 1995. Therefore, this letter serves as formal notification to the Lakota
Trails Division I Property Owners by the City of Federal Way that removal of three cottonwood trees
within Lakota Trails Division 1, Tract B has been conditionally approved as provided on the face of the
Lakota Trails Division I plat.
The hourly Process I application fee deposit ($79.50) covers the processing time for this application. No
further fees are required. If you have any questions, please call Senior Planner Deb Barker at 253-835-
2642.
Sincerely,
A�"�
Greg Fewins, Director
Community Development Services
enc: Aerial Photo showing tree location
c: Dennis L. Tompkins, The Evergreen Arborist, Inc., 10711 1641h Avenue Court East, Bonney Lake, WA 98391
Deb Barker, Senior Planner
List of Lakota Trails Division I Property Owners:
[0-100.1 I I Doc. I.D. 54087
CITY OF
Federal
July 1, 2010
Rick and Diane Manson
1421 SW 3191h Court
Federal Way, WA 98023-4729
CITY HALL FiLE
33325 8th Avenue South
y Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
RE: FILE #10-102111-UP; CLARMCATION: LAKOTA TRAILS TRACT B TREE REMOVAL REQUEST
Dear Mr. & Mrs. Manson:
This letter clarifies the procedures that are required to obtain approval to remove some trees from a
wetland buffer adjacent to your property. According to your May 5, 2010 letter, you'd like to remove ten
cottonwood trees that you believe to be hazardous to your property from the northern edge of Tract B in
Lakota Trails Phase I. Tract B is a Native Growth Protection Easement (NGPE) area containing a wetland
and wetland buffer, which meets the Federal Way Revised Code (FWRC) definition of a critical area.
Tract B is dedicated to the Lakota Trails Homeowners' Association (HOA)l according to the face of the
plat, and is over three acres in size.
Your consultant
Under FWRC 19.120 Clearing, Grading and Tree and Vegetation Retention, the Director may use
Process I Director's Approval to approve vegetation maintenance within critical areas, after review of a
management plan that meets specific criteria. Following a site visit by Director of Community
Development Services Greg Fewins and Planning Manager Isaac Conlen, we feel it's necessary that you
obtain the services of a professional arborist or professional tree service expert acceptable to the City to
document the condition of these trees and to prepare a vegetation management plan that conforms to
standards in Federal Way Interpretation #10-01 (enclosed).
Vegetation Management Plan
The City will review the completed management plan and decide upon the extent of tree removal (if any).
However, since we do not have an arborist on staff, we reserve the right to have another arborist conduct
peer review on a cost recovery basis. Following receipt of your vegetation management plan, we will
notify you if peer review is necessary and advise you of the cost involved.
Tract B Ownership
Unfortunately, ownership of Tract B is still an unresolved issue as the city can only grant the Tract B
property owner permission to remove vegetation from Tract B, and the last property owner, the Lakota
Trails HOA was dissolved in 1995. Consultation with King County staff has not shed any light on the
ownership matter. If the City authorizes tree removal in Tract B, notification will be provided to all
property owners in Lakota Trails Phase I.
According to information you provided; the Lakota Trails Homeowners' Association was dissolved by the state or Washington
in August of 1995.
Mr. & Mrs. Manson
TaIy-1, 2010
Page 2
There is a two week appeal period that must run after the Process I decision. Work approved in the
decision may not commence until the two week appeal period has concluded.
Next Steps
The next step is for you to obtain the services of a qualified arborist or tree professional, so that they can
conduct a site visit and prepare a management plan for the proposed tree removal. I would be glad to meet
with you or anyone that you propose to hire to go over the City requirements for the management plan.
Once the City receives the management plan, we will decide if separate peer review is warranted, and
notify you of any costs involved in that review. The City will issue a decision on the tree removal request.
Any tree removal must wait until the appeal period concludes.
Please do not hesitate to contact me at 253-835-2642 if you have any questions about this letter. I look
forward to working with you.
Sincerely,
Arc _
Deb Barker
Senior Planner
ene: Interpretation 10-01
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1 RECEIVED BY
^� The Evergreen Arboris1 y 111C. COMMUNITY DEVELOPMENT DEPARTMENT
DENNIS L. TOMPKINS AUG 0 6 2010
Certified Arborist — Consulting Urban Forester
Certified Tree Risk Assessor
10711 164`' Avenue Court East
Bonney Lakc, WA 98391 RESUBMITTED
Phone: 253 863-7469
AUG 0 6 2010
July 27, 2010 CITY OF FEDERAL WAY
BUILDING DEPT.
Mr. and Mrs. Richard Manson
1421 SW 319`h Court
Federal Way, WA 98023-4729
Dear Mr. and Mrs. Manson:
I inspected the trees ofin your presence on July 25, 2010. Enclosed is a Tree
Hazard Report Form regarding these trees.
Several large cottonwood trees are present in the greenbelt to the south of your
residence. This species has a reputation for large branch failures. Consequently, cottonwood
trees are generally not a desirable species to be present in or near residential communities. You
indicated the top of one tree recently failed and landed in your backyard.
I recommend removal of:three cottonwood trees. These include the tree that experienced
the failure of one of two tops and two other trees that are immediately adjacent to your fence that
would threaten your house or that of the neighbor's -if major failures were to occur.
Deb Barker, a senior planner with the City of Federal Way, requested you submit certain
information for review to obtain approval to remove any trees. The information below is in
response to her letter of May 13, 2010.
Vegetative Maintenance Plan:
1. See enclosed aerial photo with the approximate location of the trees to be removed.
2. Caliper of the trees at breast height were estimated to be: Tree #1 = 18"; Tree #2
=14"; Tree #3 = 8 ".
3. It is recommended the trees be fallen into the greenbelt, the branches sawn off and all
debris left on the ground to decompose.
4. Because of the extensive vegetation present, including several other cottonwood and
smaller tree species, replanting is, not recommended. However, you have'indicated you
are willing to replant if the City requires such action. It is critical that tree species be
selected" that will survive in the wet, environment that is present.
It does not appear that special studies, such as=a wetland analysis or soils report, should
be required.
In my opinion, the proposed activity will not affect water quality, damage the habitat,
adversely affect drainage retention capabilities, create erosion hazards nor be detrimental to any
other property.
There is no guarantee that an act of God will not cause some type of branch or tree
failure in the future of the trees that were examined. Since these occurrences are unpredictable,
arborists are unable to accept responsibility for such events. We offer our best opinions based on
visible signs and our experience in conducting hazard tree assessments and on -site inspections.
Please feel free to contact me with any questions.
Sincerely,
Dennis Tompkins
Certified Arborist PN-0469
Certified Tree Risk Assessor #485
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County rrrakas rtn rapr�.&1,aiioreS Ot.varrAnhes. Bsp[eS5 or cliplr@d. aS 1G a(axary. CpfllpiBlCr1@s,., i!lnl;llr,@$S, Dr rights t0 d,B itsd of sudr information, '
This daarn',cnl is nd iruended for sne as a survey produCL IGrr11gg County sttafl rroi 1M kaWe ftrr any yonerat, spCtial. ind-xecl &xideneal. ar wnsegvxniial a C
damygcs ii+dt+ding.11 nil ranked Io, WSS lB'.tnues or fCrS! goYrts resultiw Iran the sise or m;suse d the information ca,,amed on Nis map. Arty sale OI King County
Nis rnop or information m Ni5 mnp n prohit>ded except 6y written pemrission of w^9 cor,nty_
Dale: 5/132oto Source: ling County MAP - Properly Information (hdp•JA»vw.mehokc.govlGISAMAP)
Deb Barker M"44V\,
From:
Isaac Conlen
Sent:
Tuesday, June 01, 2010 5:22 PM
To:
'rickanddiane1 @yahoo.com'
Cc:
Deb Barker
Subject:
City Arborist
Hi Richard,
Good speaking with you earlier today. The city has often used a company called Urban Forestry Services (360 428 5810)
for arborist services. There are a number of other certified arborists in the King County area that are qualified to do the
work as well.
The main issue of concern to the city is that 1) the tree removal is in fact necessary for safety reasons and 2) that
impacts of the tree removal are mitigated appropriately (leaving appropriate sized stumps for wildlife habitat and
planting of replacement trees) due to the fact the trees are located in a wetland buffer. A certified arborist report
addressing these issues provides a solid basis for the city to authorize appropriate tree removal. Please submit a report
from a certified arborist addressing the above issues and we'll take it from there.
The other option would be to limit the activity to mutually agreed upon selective trimming, in which case we would not
require an arborist report (or replacement plantings). You indicated you don't think this option would address the safety
concern, but I just wanted to give you that option.
One other thing I forgot to mention on the phone is the issue of property ownership. From discussions with Deb I know
the HOA is insolvent at this point, which raises the question of who owns the property. Speculating, I would guess it
reverts back to the lot owners in the subdivision, each owner having an equal undivided interest for ownership
purposes. What can you tell us about the ownership status of the tract (sorry if this is repeating a discussion you've
already had w/ Deb)?
Let me know if you have any questions.
Isaac Conlen
Planning Manager
253 835 2643
A # l-1 I()IS5Z
q4 - O gs-Z)
May 5, 2010 �0 I q �— Lalow 7���'As
fvko-q-& r
Mr. Isaac Conlen
Planning Manager
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
Re: Cottonwood Trees
Dear Mr. Conlen:
My name is Rick Manson and I live at 1421 SW 319'h Court in Federal Way. I am
concerned about several cottonwood trees located in the greenbelt area directly behind my
house. I had a 20 foot section of the top of one tree and a 10 foot section of another come
down in my backyard almost hitting my house during the wind storm two days ago on
May 3, 2010. I am worried about my and my family's safety during future storms or
weak branches that may fall randomly injuring or killing someone when we are in the
backyard along with property damage that may result. I feel that these trees, which are
growing right on the other side of my fence approximately two to ten feet from my fence
line, are dangerous and should be removed.
I have contacted the City of Federal Way in the past regarding the trees but
nothing was ever done. I have hired an arbonst, Dale Eggers of South Sound Enterprises,
Inc., and he feels that there are at least seven or eight cottonwood trees that are of
concern. I am requesting approval from the City to have these trees removed. I am
enclosing with this letter a map grid of my property.
Sincerely,
Richard I. Manson
1421 SW 319d' Ct
Federal Way, WA 98023
(253) 941-1471 or (425) 753-7046
RECEIVED
MAY 0 6 2010
CITY OF FEDERAL WAY
CDS
L A KO TA TPA IL S
A PORTION OF SECTION 7 TOWNSHIP 21 NORTH RANGE 4 EAST OF THE k-m
ff-RV6 COUNTY WASHTNGTON.
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PAC - TECH
EMINEERDS. INC-
-P L rle 2.
RESUBMITTED
MAY 2 0 2010
CITY OF FEDERAL WAY
BUILDING DEPT.
SOUTHSOUND ENTERPRISES,INC Date:05/20/2010
Dale Eggers
3920 so 340th st
Auburn,Wa.98001
Hi,
Richard Manson contacted me after our last wind storm,due to a Cottonwood top
tree falling in his back yard.
Information A -
Refer to attached(Lakota Trails) Clouded area.
Information B-
Their are a total of 10 Cottonwood Tress located along the Mansons fenceline_
The largest tree is about 16"across the stump and the rest of the trees are
6"to12"across the stump.
All trees are within 12ft. from the Mansons fence, and all trees are 30ft to 50ft
tall.
Trees will be cut down with a Chainsaw, and all trees will be left in where they
fall. Will not disturb any wetlands
and will leave all stumps about 2ft tall in Common Use Area.
Thank you,
Dale Eggers
Cell-253-350-7679
RESUBMITTED
MAY 2 0 zplp
CITY OF FEDERAL WAY
BUILDING DEPT.