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2391 Ocean Breeze Court TREE06-00032880 04.01.2008 signedApril 1, 2008 Mr. Richard Thompson 1171 Beach Boulevard Jacksonville Beach, FL 32250 RE: 2391 Ocean Breeze Court / TREE 06-00032880 Dear Mr. Thompson: CITY OF ATLANTIC BEACH BUILDING AND PLANNING 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5845 http://ci.atlantic-beach.fl.us I am writing to inform you, the applicant to whom a tree removal permit (TREE 06-00032880) was issued on April 28, 2006 for property located at 2391 Ocean Breeze Court, that the City of Atlantic Beach was notified on April 1, 2008 of potentially unpermitted removal of additional protected trees from that property. Upon inspection of the site, it was found that the following trees were removed: 1-9" Palm, 1-10" Palm, 4-12" Palm, 2-15" Palm, and 1-18" Palm, for a total of 115". Also, it was noted that the root ball of an additional 12" Palm remaining on the southern side of the structure has been disturbed, and there is concern that that tree may not survive. Attached, please find photographs of the above listed trees along with notations made on a previously submitted tree survey. Typically, trees under 20" and located within the interior zone or those under 6" and located in the exterior zone, would not be considered protected and thus would not be subject to this review. However, all trees recently removed were previously designated as "protected in lieu of mitigation" for other tree removals onsite. Thus the removal of those protected trees without benefit of a tree removal permit has resulted in a violation of Chapter 23, Article II of the City of Atlantic Beach Code of Ordinances. Accordingly, I request that you or an authorized representative of this project appear before the Tree Conservation Board on Wednesday, April 9"'. That meeting will be held at 7:00pm at the Adele Grage Cultural Center, 716 Ocean Boulevard, in Atlantic Beach. Correction of said violation may be accomplished according to Section 23-17(g)(3): a. By paying the permit fee due the city for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application which would have been due had the permit been obtained prior to commencing work, and by replacing the protected trees removed without a permit with new planted trees, unprotected trees or transplanted trees. The total caliper inches of the replacement trees shall equal the total caliper inches of the protected trees removed. A tree replanting plan showing how the damage caused to the site by the violation will be mitigated shall be subject to the review and approval of the tree conservation board and the trees installed within the time limit stated on the permit. Replacement trees shall meet the requirements of subsection (e), except that the minimum caliper of the replacement 2391 Oman Breeze Court/ TREE 06.00032880 April 2, 2008 Page 2 of 2 tree shall be four (4) inches, and the plan shall meet the requirements of subsection (d) to the extent applicable; or b. By paying the permit fee due the city for the work, which permit fee shall be twice the amount of the regular permit fee specified on the application, which would have been due had the permit been obtained prior to commencing work, and by making a contribution to the tree replacement fund to compensate for each replacement tree which is not planted. The amount of such contribution shall be determined pursuant to the formula described in subsection (e)(2)i.; d. After a notice of violation has been issued by the city inspector, an additional reinspection fee of fifty dollars ($50.00) shall be paid to the city before any work may begin again. Mitigation for permitted removal of protected trees is currently at the rate of one (1) inch replaced for every two (2) inches removed, while mitigation for unpermitted removal of protected trees is at the rate of one (1) inch replaced for every one (1) inch removed. Alternatively, payment into the tree replacement fund can be made at the rate of $117.00 per inch. Additionally, it should be noted that "[f]ailure to correct violations within the time period set forth in the notice of violation shall constitute grounds for the issuance of a stop work order. All work on the site shall be suspended until the violations have been corrected." [Section 23-17(g)(2)] If you have questions or need assistance in the future, you may contact me at ehall@coab.us or (904) 270-1605. Sincerely, Erika Hall Planner/Staff Liaison to the Tree Conservation Board cc: Alex Sherrer, Code Enforcement Officer Mike Jones, Building Inspector Rick Carper, Public Works Director Sonya Doerr, Community Development Director Tree Conservation Board Members