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Home My WebLink AboutDanger Tree - OT General - 7/22/2008 SHIERS CHREY ATTORNEYS AT LAW COX LM 600 Kitsap Street,Suite 202,Port Orchard,Washington 98366 DIGIOVANNI A (360)876-4455 • Facsimile(360)876-0169 • www.shierslaw.com ZAK& Michael D.Uhlig: uhlig@shierslaw.com KAMBICH,LLP Shirley K.Johnson,Paralegal: johnson@shierslaw.com RECEIVED July 22, 2008 J U L 2 8 2008 Mason County MCCD - PLANNING Department of Community Development Attn: Jim Scholz P.O. Box 279 Belfair, WA 98528 Re: BCCO/Nesper Property/Trees Our File No. 24298-31 Dear Mr. Scholz: As we discussed, our office represents Beard's Cove Community Organization(`BCCO"). Recently, BCCO received a complaint from neighboring property owners Allen and Barbara Nesper. The Nespers complained that certain trees located on BCCO property, in a stream buffer, were dead or dying and were threatening to fall on the Nesper property and Nesper home. BCCO contacted your office regarding this matter and was provided with a copy of the Mason County Resource Ordinance pertaining to the removal of trees in a stream buffer. BCCO then hired a certified arborist, Shelly Towers. On July 14, 2008 the arborist inspected the trees, and thereafter provided a written report as to her observations. A copy of the report is attached hereto. In short, the arborist states that the five (5) alder trees she inspected are dead or dying and represent a danger to life and/or property. BCCO is prepared to have these trees removed at your instruction. Please advise our office as to the removal and as to whether any mitigation efforts will be required. Please feel free to contact me with any questions or concerns. Sincerely, Michael D. Uhlig cc: clients Encl. FRANK SHIERS(1920-2000) JEFFREY COX KENNETH L.KAMBICH GARY T.CHREY TRACY E.DIGIOVANNI MICHAEL D.UHLIG KIM D.ZAK J P60N Co- MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT - Belfair (360) 275-4467 Planning Mason County Bldg. 1 411 N.5th Elma (360) 482-5269 P.O.Box 279 Shelton,WA 98584 185f DATE: July 29, 2008 TO: Mr. Michael Uhlig 600 Kitsap Street, Suite 202 Port Orchard, WA 98366 FROM: James Scholz, Planner-Mason County Planning Dept RE: Approval Letter for Removal of Danger Trees (5) and Required Mitigation Dear Mr. Uhlig, Per your letter dated July 22, 2008 1 am sending you a confirmation letter along with a copy of the Mason County Resource Ordinance (17.01.110.F.5) that applies to the removal of danger trees (5) within a stream buffer that pose a direct threat to property and life that is located on land at 71 Davey Jones Court in Belfair (Parcel # 12330500034). As stated in the Mason County Resource Ordinance (17.01.110.F.5) a Mason County Environmental Permit is not required for the "removal within buffers of danger trees (5) that pose a direct threat to property and life, provided the danger trees are documented by a professional forester." After reviewing both the report and the photographs that were submitted by Shelly Towers, who is a certified arborist, the request letter that you have submitted on behalf of your client (Beard's Cove Community Organization) seems reasonable and is consistent with the above- mentioned Mason County Resource Ordinance. Your request to have the danger trees (5) cut-down is approved based on the following conditions. 1) The five danger trees noted in the report submitted by Shelly Towers are the only trees to be cut-down. 2) All reasonable efforts shall be made not to disturb either the nearby stream or the buffer area during the process. 3) The danger trees maybe cut but the stumps shall remain in place to act as a natural erosion control measure. 4) As part of the mitigation plan the down trees must be placed (left) within the buffer area as habitat and a total of three (3) new trees seedlings each a minimum three years old and each of the same species as the removed trees or native species trees shall be planted within the immediate buffer area by either the applicant (Beard's Cove Community Organization or their agent. Please contact me either by phone (427-9670 Ext294 or by e-mail JimSc(a'D_www.co.mason.wa.us to acknowledge the receipt of this letter and the acceptance of the noted conditions as part of the danger tree removal process ThaaYu, James Scholz Mason County Planner DATE: July 29, 2008 TO: Mr. Michael Uhlig 600 Kitsap Street, Suite 202 Port Orchard, WA 98366 FROM: James Scholz, Planner-Mason County Planning Dept RE: Approval Letter for Removal of Danger Trees (5) and Required Mitigation Dear Mr. Uhlig, Per your letter dated July 22, 2008 1 am sending you a confirmation letter along with a copy of the Mason County Resource Ordinance 17.01.110.F.5 that applies to the removal of danger trees 5 within a ( ) pp 9 ( ) stream buffer that pose a direct threat to property and life that is located on land at 71 Davey Jones Court in Belfair (Parcel # 12330500034). As stated in the Mason County Resource Ordinance (17.01.110.F.5) a Mason County Environmental Permit is not required for the "removal within buffers of danger trees (5) that pose a direct threat to property and life, provided the danger trees are documented by a professional forester." After reviewing both the report and the photographs that were submitted by Shelly Towers, who is a certified arborist, the request letter that you have submitted on behalf of your client (Beard's Cove Community Organization) seems reasonable and is consistent with the above- mentioned Mason County Resource Ordinance. Your request to have the danger trees (5) cut-down is approved based on the following conditions. 1) The five danger trees noted in the report f submitted by Shelly Towers are the only trees to be cut-down. 2) All reasonable efforts shall be made not to disturb either the nearby stream or the buffer area during the process. 3) The danger trees maybe cut but the stumps shall remain in place to act as a natural erosion control measure. 4) As part of the mitigation plan the down trees must be placed (left) within the buffer area as habitat and a total of three (3) new trees seedlings each a minimum three years old and each of the same species as the removed trees or native species trees shall be planted within the immediate buffer area by either the applicant (Beard's Cove Community Organization or their agent. Please contact me either by phone (427-9670 Ext294 or by e-mail JimSc(a-)_www.co.mason.wa.us to acknowledge the receipt of this letter and the acceptance of the noted conditions as part of the danger tree removal process a Mason County Planner P60N CO MASON COUNTY � rp Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 _ Mason County Bldg.1 411 N.5th P.O.Box 279 Shelton,WA 98584 1d54 June 19, 2008 Beard's Cove Community Organization ATTN: Ms. Gretchen Johnson P.O. Box 338 Belfair, WA 98528 RE: Mason County Resource Ordinance concerning Removal of Danger Trees Dear Ms. Johnson, Please find enclosed the information you requested on the Mason County Resource Ordinance pertaining to the removal of danger trees in a stream buffer. If you have additional questions concerning this Mason County Resource Ordinance please feel free to contact me. Sincerely, Jim Scholz Land Use Planner Mason County Planning Dept 360-671-6764 Ext. 294 JimSc@co.mason..wa.us �F i' h � s, Ja�� ., _ • •ice � _ r' � —�•. s. .r%:... f t r l� wrl ,fir � i�� • � , � � I S p• '3S .X �'�$ .47•. - � 4 To: Micheal D.Uhlig, CERTIFIED Of Shiers,Chrey,Cox,Digiovanni, ARBORIST Zak and Kambich,LLC 600 Kitsap St. Suite 202 Port Orchard, Wa.98366 From: Shelley Towers,ISA A Grand Design and Landscape n m 7914 60"st. S.E. Snohomish,Wa.98290 � C 0 425-334-8068 t' -v N M Re:Nesper Property/Trees D pO .� 71 N.E. Davey Jones Ct. Z Belfair,Wa 98528 ISA _Z Z Im At your request,I visited the site,and observed some of the existing trees along the creek that abuts the 67 C3 back of the Nesper property,on the west side. I looked especially at 5 Alnus rubra.(Red Alder)All 5 trees �•I are within 40 feet of the Nesper house,all were within 10' of a small creek.The following are my observations. Tree#1 Alnus rubra, This tree is closest to the north west corner of the Nesper property approx.24"DBH. Covered in English Ivy to 20',numerous large,dead branches in the canopy,the top 20' of the leader is dead.The stubs where large limbs have broken out can be seen.There is some bark damage at about 30'up the trunk. Tree#2 Alnus rubra 12"-14"DBH, West of the Nesper house The canopy is sparse,the foliage is chlorotic. There are numerous dead branches in the top 20'.There are a number of broken branched in the canopy. Tree#3 Alnus rubra 12"-14"DBH, West of the Nesper house.The canopy shows considerable die back as well. Broken limbs can be seen. The canopy is thin and chlorotic. There is bark damage.at 30' Tree#4 Alnus rubra 14"DBH This tree is leaning,and has technically fallen.The only thing holding it up are the surrounding trees. (See photo for perspective). However where the tree is most likely to fall,is into. the creek itself. If left to fall on it's own,it most likely will cause no damage to life or property. Tree#5 Alnus rubra 24"DBH.This tree is closest to the southwest corner of the Nesper household.This tree is with in one foot of the creek and is likely to be undermined in time.The bottom of the creek is roughly 18"beneath the trunk flare and ground level. Major roots can be seen to parallel the creek,giving the tree less stability on that side.This is the side on which tree#4 rests.There is significant bark damage at 30' on the trunk.There is roughly 20%dieback in the canopy. In conclusion: Alnus rubra is a pioneering species, fast growing,but short lived,roughly 80 years.All of these trees have reached their maximum size(80'tall,and 30"wide) I believe they are slowly dieing This process can take many years,however limbs can break out,and the tree can topple well before complete death of all tissues occur.Their proximity to the Nesper and other houses make them a hazard to life and/or property. My recommendation is that these trees be cut down,and the trunks left in situ to minimize risk.. This will limit the hazards,of blowing limbs or toppling,Significant stumps can create and maintain wildlife habitat,and prevent erosion of the bank while the root system remains intact.Another option is to remove the dead limbs,and thin the canopy.This option would require maintenance and vigilance,as I believe that major limbs will continue to die back,creating new hazards. This report does not address the legality or process of such tree removal. Requirements vary from place to place.Please check with you municipality or governing body for specifics in your location.This report represents my opinion,other opinions may vary. I am happy to consider new information as it comes to light. I am available for telephone consultation on t. Sinc helley owers, — . .� \ �.. � �' ]� 5'fey. 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Si ature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Prl ed Name C. to of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: ❑No ALLEN NESPER 12-33 0 - Sb- 000jY 71 NE DAVEY JONES CT 3. Service Type BELFAIR WA 98528 ❑Certified Mail ❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2510 0002 6278 6644 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540