Who speaks for the trees? The Environmental Planning Division of Park and Planning does, but, in the case of large, mature tulip poplar trees on the corner of River and Chapel roads, the agency spoke too late.
For just the second time since 1992, Park and Planning issued an administrative civil penalty that amounted to $21,606 in addition to a maximum $1,000 civil fine to a Potomac property owner who violated the county's Forest Conservation Law.
“ANYTIME THERE IS a disturbance of 5,000 square feet of land, you need a permit. If that 5,000 square feet is forest, in addition to a land disturbance permit, you need a permit to clear," said Cathy Conlon, with the Environmental Planning Division.
With the help of Butler Tree Service, Ebrahim Kazerouni, the contractor and agent for the owner of property along River Road, cleared 3.78 acres of forest in January of 2002, according to Park and Planning; 1.24 acres were completely cleared and 2.54 acres were cleared of understory vegetation, according to staff reports.
A partnership owns the property and Mohamed Shahabadi is the managing member of SRS Potomac LLC, said Conlon.
A single family residence was and is still planned to be built on the property, according to staff reports.
"The key thing that we want to get across is that there is clearing permitted especially on single family lots, but you have to verify that it is permitted," said Conlon.
Before the owner can move forward to build a single family residence on the property along River Road, he must complete a reforestation plan ordered by the county.
THE MAXIMUM civil fine and additional civil penalties were imposed in this case due to the size of the area cleared and due to the fact that both Kazerouni and Butler Tree Service knew permits were required for such clearing, according to Conlon.
"Staff believes that the forest clearing on this property involved a significant area and was egregious," said staff reports.
County investigators concluded that the property owner's agent and the tree removal service that cleared the trees knew permits were required for their activities, but failed to obtain them before proceeding.
Kazerouni declined the opportunity to appear before the Planning Board for a hearing scheduled last Thursday, May 2.
"Mr. Kazerouni took responsibility from the get-go and said he would do whatever we told him to do as reparation for it," said Conlon.
Staff reports concluded that there is no indication that the violation is part of a recurrent pattern of similar violations by Kazerouni.
Instead of collecting the fine, Park and Planning will require that Kazerouni and the owner provide a reforestation plan within the Rock Run watershed area, in which the property is located.
“GIVEN THE SIZE of the house that will likely be proposed on this lot, off-site reforestation will probably be required as part of this forest conservation plan," reads the staff report. "The site selection process followed by the violator must include investigation of at least three sites within the Rock Run watershed.” If no site is suitable, replacement trees will have to be planted some place within the county.
Staff says it is unlikely that any impact has resulted to the water quality of Rock Run and no sediment control problems have resulted from the clearing.
"We were fortunate in that it was an upland site, pretty flat, and completely developed and surrounded by roads and other properties," said Conlon.