Permit Case Summary

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Case Number:ZON2011-00015	Case Status:	Date Received:6/6/2011
Description:Remove One Pacific Madrona Trees From Shoreline Bluff Within A Fish And Wildlife Habitat Conservation Buffer	Date Issued:7/27/2011
Applicant:KRISTINE EASTERDAY	Expiration Date:1/27/2012 12:00:00 AM
Site Address:170 SUNSET BLVD	Case Finaled:
Parcel No:938100305	Other Cases	Parcel Data	Map It	Parcels	Images

Case Actions

Below is a list of actions that have been taken by staff for this permit case. They are sorted based on the date they were added to the database with most recent actions at the top. A value in the "Date Completed" field indicates that the action has been completed.

Description: Status updtd - Energov Convrsn Date Completed: 10/4/2022 Disposition: DONE

Description: File Archived Date Completed: 8/2/2018 Disposition: DONE

Description: Approve Permit-UF Date Completed: 7/27/2011 Disposition: DONE

Description: Review Complete-U Date Completed: 7/27/2011 Disposition: DONE

Description: Additional Info Request-U Date Completed: 7/27/2011 Disposition: DONE

Description: DRD Reviewer Letter (F) Date Completed: 6/20/2011 Disposition: DONE

Description: Det. of Completeness-UF Date Completed: 6/20/2011 Disposition: DONE

Description: Case Entered Date Completed: 6/6/2011 Disposition:

Description: Septic Review Complete-U Date Completed: 7/27/2011 Disposition: DONE

Description: Potable Water Approval Req Date Completed: 7/27/2011 Disposition: DONE

Description: App Substantially Complete-U Date Completed: 6/20/2011 Disposition: DONE

Description: Stormwater Review-U Date Completed: 7/27/2011 Disposition: DONE

Description: Env. Sensitive Area Review-U Date Completed: 7/27/2011 Disposition: DONE

Description: Consistency Review-U Date Completed: 7/27/2011 Disposition: DONE

Description: RAP Review Complete-U Date Completed: 7/27/2011 Disposition: DONE

Case Conditions

Below is a list of conditions for this permit case. Conditions typically record requirements that the applicant must meet to be in compliance with the permit.

Title: REPLANTING Wording As the tree removal is within a Geologically Hazardous Area and a Fish and Wildlife Habitat Conservation Area Buffer replanting is required. The applicant shall plant a mix of at least 6 plants (shrubs) of the following species: Saskatoon (Amelanchier alnifolia) Indian Plum (Oemleria cerasiformis) Baldhip rose (Rosa gymnocarpa) Common Snowberry (Symphoricarpos albus)

Title: REMOVAL COMPLY WITH GEOTECH & ARB Wording The removal of the tree shall comply with the geotechnical report and arborist report. The applicant shall minimize the amount of land disturbing activity during the removal of the tree and during the replanting of the shrubs.

Case Findings

Below is a list of findings for this permit case. Findings typically record facts that the staff are using as the basis of their permit processing decisions.

Title: F-DESCRIPTION OF PROPOSAL Wording Based on the application, photos submitted with the application and the arborist's report, the proposal is to remove one Pacific Madrona Trees from the shoreline bluff which is located within a Fish and Wildlife Habitat Conservation Buffer.

Title: F-GEOLOGICAL PROTECTION STANDARDS Wording JCC 18.22.170 (c) Buffers shall remain naturally vegetated. Where buffer disturbance has occurred during construction, replanting with native vegetation shall be required. JCC 18.22.170 (d) states, "Buffers shall be retained in their natural condition; however, minor pruning of vegetation to enhance views may be permitted by the administrator on a case-by-case basis."

Title: F-GEOTECH & ARBORIST REPORTS Wording The applicant submitted a Geology Hazard Assessment prepared by Stratum Group dated January 13, 2011 and an Arborist Report prepared by Patrick M. Wakefield dated June 5, 2011. Both are incorporated by reference. The reports are filed in MLA11-00113 at the Jefferson County Department of Community Development. The Conclusions and Recommendations of the geotechnical report states in part: It is acceptable to trim trees or remove limbs or remove dead trees from the bluff slope for view purposes. Cut material should be removed from the slope where practical as long as the removal does not damage understory vegetation. At least one Douglas fir per 30-foot center should be left in place on the slope. No grading should be performed on the bluff faces. If a trail is constructed, the trail layout and support structures should be approved by a qualified engineering geologist before construction. Waste and other deleterious material should not be placed on or over the slope. Such material smothers vegetation, retains water and acts to destabilize the slope. The arborist's report indicates this tree is 52 inches in diameter at breast height and is a diseased tree with little or no foliage left. The root structure has been compromised. The arborist recommends planting shrubs.

Title: F-General PMT Notice Wording NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all activity in the immediate area shall be halted, and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8, 2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that "takes" listed species (defined as causing harm, harassing, or damaging habitat for the listed species). In addition, the National Marine Fisheries Service can levy penalties. All areas in Jefferson County are included as "critical habitat" for a listed species. Development of property along any marine shoreline, freshwater shoreline, or floodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline, freshwater shoreline, or floodplains are advised to do the following: - All development activities should avoid unstable slopes, wetlands, and forested areas near surface waters - Remove minimal vegetation for site development, especially large trees - Allow trees that have fallen into surface waters to remain there - Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet (1/8th of a mile) of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from "taking" bald eagles. This federal law defines the term "take" and describes the possible legal consequences when a "take" occurs. Among other actions, "take" includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service (http://www.fws.gov/pacific/eagle/) to learn more about how this law affects your project. Any individual, group, or agency can bring suit for a listed species "taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information, contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service.