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HomeMy WebLinkAboutTR_Offsite_Utility_Extension_230807_v2.pdfWASHINGTON FORESTRY CONSULTANTS, INC. FORESTRY AND VEGETATION MANAGEMENT SPECIALISTS W F C I O: 360/943-1723 C: 360/561-4407 9136 Yelm Hwy SE Olympia, WA 98513 URBAN/RURAL FORESTRY • TREE APPRAISAL • TREE RISK ASSESSMENT RIGHT-OF-WAYS • VEGETATION MANAGEMENT • FOREST/TREE MGT. PLANS • EXPERT TESTIMONY Member of International Society of Arboriculture and Society of American Foresters -Preliminary Tree Protection Plan- HARMONY RIDGE OFF-SITE UTILITY EXTENSION 15509 116th Avenue SE Renton, WA 98058 Prepared for: Barghausen Consulting Engineers, Inc. Prepared by: Washington Forestry Consultants, Inc. Date of Report: August 7, 2023 Introduction The project proponent is planning to develop a 0.49-acre utility extension for the Harmony Ridge project at 15509 116th Avenue SE in Renton. The proponent has retained WFCI to: •Evaluate and inventory all trees on the site pursuant to the requirements of the City of Renton Tree Protection Ordinance. •Make recommendations for retention of significant trees, along with required protection and cultural measures. Observations Methodology WFCI has evaluated all trees 6 inches diameter at breast height (DBH) and larger in the proposed project area and assessed their potential to be incorporated into the new project. Red alder and black cottonwood 8 inches and larger DBH were evaluated. To be a significant tree, it must have a condition rating of ‘Fair’ or better. Trees rated as ‘Poor’, ‘Very Poor’, or ‘Dead’ or are defective, diseased and/or in decline and are not long-term trees and are not considered to be significant trees. All off-site trees with driplines or root protection zones (RPZ’s) encroaching the site were assessed as well. The tree evaluation phase used methodology developed by Nelda Matheny and Dr. James Clark in their 1998 publication Trees and Development: A Technical Guide to Preservation of Trees during Land Development. Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 2 Site Description The 0.49-acre extension area is located along the SE property line of a parcel owned by the City of Renton. The site is forested with no improvements in the utility corridor. There is a water tower facility in the northern portion of the parcel. The topography is flat to gently rolling with a southerly aspect. There are six single-family home lots to the south of the project area. Existing Tree Conditions A total of 78 trees were assessed for the project. The size of significant trees ranges from 6 inches to 37 inches in diameter at breast height (DBH). Tree species include bigleaf maple (Acer macrophyllum), black cottonwood (Populus trichocarpa), Douglas-fir (Pseudotsuga menziesii), red alder (Alnus rubra), western hemlock (Tsuga heterophylla), and western redcedar (Thuja plicata). Tree conditions on the site range from ‘Dead’ to ‘Very Good’. Off-site Impacts Trees outside the limits of construction will be protected by tree protection fencing. Trees whose health and stability will be compromised by the utility trenching will be removed. Discussion Trees Removed for Project Fifty-seven trees will need to be removed to complete the project. Forty-six of the trees are healthy, long-term trees and eleven trees are unhealthy. Tree Density Calculations Title 4-4-130H of the Renton Municipal Code (RMC) requires 30% of the significant trees to be retained. There are a total of 57 significant sized trees that require removal for the project. After allowed tree deductions 46 trees remain for calculating the 30% requirement. A total of 14 significant trees will need to be retained in the project area to meet the requirement. Total # of Significant Trees: 57 Trees # of High Risk Significant Trees: 11 Trees # of Significant Trees After Deductions: 46 Trees # of Significant Trees Required to be Saved: (46 x 30%) 14 Trees # of Significant Trees Planned to be Saved 0 Trees Shortfall of Significant Tree Requirement 14 Trees Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 3 Additionally, RMC requires a minimum tree credit density of 30 tree credits per acre of net developable acreage. The following is a summary of the projected tree density requirements: Gross Site Acreage: 0.49 Acres Required Tree Credit Density (0.49 Acres x 30 Credits/Acre): 15.0 Tree Credits Proposed Tree Retention: (0 trees) 0.0 Tree Credits Shortfall of Tree Credit Requirement:15.0 Tree Credits By retaining 0 of the significant trees on the site, this plan falls short of the minimum significant tree retention requirement by 14 trees. Required tree credit retention falls short of the minimum tree credits by 15.0 credits. Trees will be required to be replanted to replace the shortfalls. Tree replacement is necessary because of the unique type of project being proposed, no alternative plans are available to retain more trees. The trees being removed equates t o 138 replacement credits. When the required number of protected trees cannot be retained, replacement trees, with at least a two-inch (2") caliper deciduous or an evergreen at least six feet (6') tall, shall be planted based on the tree credit value of each protected tree removed. A fee in lieu of tree planting, the cost of which can be determined by the City of Renton can also substitute for tree replacement if replanting on-site is not feasible. Recommendations Tree Protection Measures Off-site edge trees must be protected during construction by a temporary chain-link fence (Attachment 7), located at the property line. Placards shall be placed on the fencing every 50 feet indicating the words, "NO TRESPASSING - Protected Trees". The individual tree RPZ is the dripline (6 feet minimum), unless otherwise delineated by WFCI in the field and described in the attached tree list (Table 2). If approved, the silt-fence could double as the tree protection fence for select off-site trees. Tree protection fences should be placed around the edge of the root protection zone (RPZ). The fence should be erected after logging but prior to the start of clearing. The fences should be maintained until the start of the landscape installation. There should be no equipment activity (including rototilling) within the root protection zone. No irrigation lines, trenches, or other utilities should be installed within the RPZ. Cuts or fills should impact no more than 20% of a tree’s root system. If topsoil is added to the root zone of a protected tree, the depth should not exceed 2 inches of a sandy loam or loamy fine sand topsoil and should not cover more than 20% of the root system. Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 4 If roots are encountered outside the RPZ during construction, they should be cut cleanly with a saw and covered immediately with moist soil. Noxious vegetation within the root protection zone should be removed by hand. If a proposed save tree must be impacted by grading or fills more than allowed for by WFCI in the tree list, then the tree should be re-evaluated by WFCI to determine if the tree can be saved with mitigating measures, or if the tree should be removed. Pruning and Thinning Pruning should be done to coincide with land clearing, to facilitate clean-up and while access to the trees is available. All individual trees to be saved near or within developed areas should have their crowns raised to provide a minimum of 8 feet of ground clearance over sidewalks and landscape areas, 15 feet over parking lots or streets, and at least 10 feet of building clearance. Care will need to be taken to avoid trespassing when pruning offsite trees. This is best achieved by getting cooperation and permission from the tree owner. If no permission is obtained, then legally one cannot prune beyond the property line – ground to sky. All pruning should be done according to the ANSI A300 standards for proper pruning and be completed by an International Society of Arboriculture Certified Arborist® or be supervised by a Certified Arborist®. Conclusions and Timeline for Activity 1. Forty-six healthy trees and 11 unhealthy trees will be removed to complete the utility extension project. 2. The final, approved tree protection plan map should be included in the construction drawings for bid and construction of the project and should be labeled as such. 3. Stake and heavily flag the clearing limits. 4. Contact WFCI to attend pre-job conference and discuss tree protection issues with contractors. WFCI can verify all trees to be saved and/or removed are adequately marked. 5. Conduct logging. Complete necessary hazard tree removals from the tree protection areas. No equipment should enter the tree protection areas during logging. 6. Before land clearing is complete, do all necessary pruning on save trees and off-site trees. 7. Contact WFCI to inspect the tree tracts after logging, but prior to land clearing to identify any additional hazard trees that should be removed. 8. Install tree protection fences along the 'limits of construction'. The fences should be located at the limits of construction or at the dripline of the save tree or as otherwise specified by WFCI. Maintain fences throughout construction. 9. Complete clearing of the project. 10. Do not excavate stumps within 10’ of trees to be saved. These should be individually evaluated by WFCI to determine the method of removal. 11. Complete grading and construction of the project. Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 5 Summary The City of Renton Municipal Code calls for 14 significant trees and 15.0 tree credits to be retained on the site. Tree replacement is necessary because of the limited alternatives to the project being proposed. All removal trees will be replaced with plantings. The trees being removed equates to 138 replacement credits that need replacing. Please give us a call if you have any questions. Respectfully submitted, Washington Forestry Consultants, Inc. Galen M. Wright, ACF, ASCA Joshua Sharpes ISA Bd. Certified Master Arborist PN-129BU Professional Forester Certified Forester No. 44 ISA Certified Arborist®, ISA Tree Risk Assessor Qualified Municipal Specialist, PN- 5939AM ASCA Tree and Plant Appraisal Qualified ISA Tree Risk Assessor Qualified Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 6 Attachment 1. Aerial Photo of Harmony Ridge Off-site Utility Extension Area (2019 King County iMap) Approximate Project Area Boundary Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 7 Attachment 2. Harmony Ridge Off-site Utility Extension Site Plan Tree Protection Fence Location Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 8 Attachment 3. List of Trees Assessed for Harmony Ridge Off-site Utility Extension Project Tree Outside Extension Boundary Tree # Species DBH (in.) Condition Dripline (feet) Save Based on Condition Alone? Yes or No Minimum Root Protection Zone (feet) Project Plan - Save or Remove Comment 450002 Western Redcedar 16 Good 15 Yes 8 Remove 450003 Western Redcedar 11 Good 15 Yes 6 Remove 450004 Western Redcedar 19 Good 20 Yes 10 Remove 450001 Bigleaf Maple 12 Good 20 Yes 6 Save 450005 Bigleaf Maple 18, 19, 26 Good 30 Yes 19 Save 450006 Bigleaf Maple 7 Fair 20 Yes 6 Remove 450000 Bigleaf Maple 7 Good 15 Yes 6 Remove 8 Douglas-fir 22 Good 15 Yes 11 Save no # behind fence 9 Western Redcedar 18 Good 17 Yes 9 Save no # behind fence 10 Western Hemlock 20 Fair 18 Yes 10 Save no # behind fence 551912 Bigleaf Maple 13 Fair 25 Yes 7 Remove 551913 Bigleaf Maple 12 Good 21 Yes 6 Remove 551914 Bigleaf Maple 8 Good 25 Yes 6 Remove 551918 Bigleaf Maple 14, 33 Good 36 Yes 18 Remove 551932 Bigleaf Maple 15 Good 25 Yes 8 Remove Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 9 Tree # Species DBH (in.) Condition Dripline (feet) Save Based on Condition Alone? Yes or No Minimum Root Protection Zone (feet) Project Plan - Save or Remove Comment 551933 Bigleaf Maple 11 Good 30 Yes 6 Remove 800024 Douglas-fir 21 Fair 12 Yes 11 Remove 800025 Bigleaf Maple 15 Good 20 Yes 8 Remove 800028 Bigleaf Maple 6 Very Poor 8 No 6 Remove stem decay 800030 Bigleaf Maple 13, 19 Good 25 Yes 12 Remove 2 stems 800036 Douglas-fir 9 Poor 15 No 6 Remove Phaeolus schweinitzii fruiting body 800037 Bigleaf Maple 7 Fair 25 Yes 6 Remove leans heavy to south 800042 Western Redcedar 17 Good 10 Yes 9 Remove 800043 Western Redcedar 12 Good 15 Yes 6 Remove 800044 Bigleaf Maple 24 Good 26 Yes 12 Remove 800046 Bigleaf Maple 11, 15 Good 25 Yes 10 Save 800047 Bigleaf Maple 21 Good 30 Yes 11 Remove 800053 Bigleaf Maple 11, 12 Good 20 Yes 8 Remove 800054 Bigleaf Maple 11 Good 20 Yes 6 Remove 800935 Black Cottonwood 32 Poor 20 No 16 Remove hollow butt 800947 Red Alder 11, 13 Very Poor 10 No 9 Remove dead tops, in decline 800948 Red Alder 14 Dead 0 No 7 Remove 800949 Cascara 5 Fair 4 Yes 6 Remove 800950 Bigleaf Maple 6 Fair 8 Yes 6 Remove Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 10 Tree # Species DBH (in.) Condition Dripline (feet) Save Based on Condition Alone? Yes or No Minimum Root Protection Zone (feet) Project Plan - Save or Remove Comment 800951 Red Alder 8 Very Poor 10 No 6 Remove dead tops 800952 Red Alder 8 Dead 0 No 6 Remove 800953 Red Alder 10 Very Poor 10 No 6 Remove dead tops 800956 Douglas-fir 17 Fair 18 Yes 9 Remove 800957 Red Alder 16 Very Poor 15 No 8 Remove dead tops 800958 Western Redcedar 16 Very Good 15 Yes 8 Save 800961 Red Alder 14 Dead 0 No 7 Remove 800972 Douglas-fir 27 Good 30 Yes 14 Remove 800973 Douglas-fir 37 Good 35 Yes 19 Remove 800976 Douglas-fir 20 Good 20 Yes 10 Remove 800977 Bigleaf Maple 13 Good 25 Yes 7 Save 800981 Bigleaf Maple 7 Good 10 Yes 6 Remove 800982 Bigleaf Maple 12 Good 24 Yes 6 Remove 800984 Bigleaf Maple 8, 9 Good 26 Yes 6 Save 800985 Bigleaf Maple 9 Good 25 Yes 6 Remove 800995 Bigleaf Maple 9 Good 15 Yes 6 Save 800996 Western Redcedar 9 Good 10 Yes 6 Remove 800997 Douglas-fir 29 Fair 25 Yes 15 Remove 800999 Western Redcedar 22 Good 15 Yes 11 Remove 801000 Western Redcedar 7 Good 10 Yes 6 Remove 801002 Bigleaf Maple 11, 14 Good 26 Yes 9 Remove 801004 Bigleaf Maple 35 Fair 40 Yes 18 Remove 801005 Douglas-fir 13 Poor 15 No 7 Remove stem wound 801006 Douglas-fir 7 Fair 12 Yes 6 Remove Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 11 Tree # Species DBH (in.) Condition Dripline (feet) Save Based on Condition Alone? Yes or No Minimum Root Protection Zone (feet) Project Plan - Save or Remove Comment 801007 Bigleaf Maple 10, 17 Good 30 Yes 10 Remove 801008 Douglas-fir 24 Good 17 Yes 12 Remove 801013 Bigleaf Maple 10 Good 20 Yes 6 Save 801014 Western Redcedar 25 Good 20 Yes 13 Save 801016 Bigleaf Maple 8 Good 15 Yes 6 Remove 801017 Douglas-fir 27 Good 16 Yes 14 Remove 801033 Douglas-fir 15 Good 19 Yes 8 Save 801036 Douglas-fir 22 Fair 20 Yes 11 Save 801037 Douglas-fir 35 Very Good 30 Yes 18 Save 801039 Bigleaf Maple 11 Fair 15 Yes 6 Remove 801042 Western Redcedar 15 Good 15 Yes 8 Remove 801043 Western Redcedar 11 Good 15 Yes 6 Remove 801044 Bigleaf Maple 15, 22, 22 Good 30 Yes 18 Remove 801045 Western Redcedar 9 Good 10 Yes 6 Remove 801046 Bigleaf Maple 11 Good 22 Yes 6 Save 801048 Douglas-fir 33 Good 25 Yes 17 Save 801053 Bigleaf Maple 6 Good 15 Yes 6 Save 801054 Western Redcedar 10 Good 10 Yes 6 Save 801056 Western Redcedar 7 Good 12 Yes 6 Save 801057 Western Redcedar 6 Good 10 Yes 6 Save 801066 Western Redcedar 14 Very Good 15 Yes 7 Save Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 12 Attachment 4. Individual Tree Rating Key for Tree Condition RATING SYMBOL DEFINITION Very Good VG • Balanced crown that is characteristic of the species • Normal lateral and terminal branch growth rates for the species and soil type • Stem sound, normal bark vigor • No root problems • No insect or disease problems • Long-term, attractive tree Good G • Crown lacking symmetry but nearly balanced • Normal lateral and terminal branch growth rates for the species and soil type • Minor twig dieback O.K. • Stem sound, normal bark vigor • No root problems • No or minor insect or disease problems – insignificant • Long-term tree Fair F • Crown lacking symmetry due to branch loss • Slow lateral and terminal branch growth rates for the species and soil type • Minor and major twig dieback – starting to decline • Stem partly unsound, slow diameter growth and low bark vigor • Minor root problems • Minor insect or disease problems • Short-term tree 10-30 years RATING SYMBOL DEFINITION Poor P • Major branch loss – unsymmetrical crown • Greatly reduced growth • Several structurally import dead or branch scaffold branches • Stem has bark loss and significant decay with poor bark vigor • Root damage • Insect or disease problems – remedy required • Short-term tree 1-10 years Very Poor VP • Lacking adequate live crown for survival and growth • Severe decline • Minor and major twig dieback • Stem unsound, bark sloughing, previous stem or large branch failures, very poor bark vigor • Severe root problems or disease • No or minor insect or disease problems • Mortality expected within the next few years Dead DEAD • Dead Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 13 Cultural Care Needs: ABBRV. ACTIVITY DESCRIPTION CC Crown Cleaning Pruning of dead, dying, diseased, damaged, or defective branches over 1/2 inch in diameter –includes removal of dead tops CT Crown Thinning Pruning of branches described in crown cleaning, plus thinning of up to 20% of the live branches over ½ inch diameter. Branch should be 1/3 to ½ the diameter of the lateral branch. Thinning should be well distributed throughout crown of tree, and should release healthy, long-term branches. RC Crown Reduction Reduction of the crown of a tree by pruning to lateral branches. Generally used to remove declining branches or to lighten end weight on long branches. CR Crown Raising Pruning of lower branches to remove deadwood or to provide ground or building clearances. RMV Remove Remove tree due to decline or hazardous conditions that cannot be mitigated by pruning. RS Remove Sprouts Remove basal sprouts from stem of tree. Rep Replace Tree is small – is in decline or dead. Replace with suitable tree species. HT Hazard Tree Tree is hazardous and cannot be mitigated by pruning. Recommendation is to remove tree. None No Work No work necessary at this time. Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 14 Attachment 5. Description of Tree Evaluation Methodology The evaluation of the tree condition on this site included the visual assessment of: 1. Live-crown ratio, 2. Lateral and terminal branch growth rates, 3. Presence of dieback in minor and major scaffold branches and twigs, 4. Foliage color, 5. Stem soundness and other structural defects, 6. Visual root collar examination, 7. Presence of insect or disease problems. 8. Windfirmness if tree removal will expose this tree to failure. In cases where signs of internal defect or disease were suspected, a core sample was taken to look for stain, decay, and diameter growth rates. Also, root collars were exposed to look for the presence of root disease. In all cases, the overall appearance of the tree was considered relative to its ability to add value to either an individual lot or the entire subdivision. Also, the scale of the tree and its proximity to both proposed and existing houses was considered. Lastly, the potential for incorporation into the project design is evaluated, as well as potential site plan modifications that may allow otherwise removed tree(s) to be both saved and protected in the development. Trees that are preserved in a development must be carefully selected to make sure that they can survive construction impacts, adapt to a new environment, and perform well in the landscape. Healthy, vigorous trees are better able to tolerate impacts such as root injury, changes in soils moisture regimes, and soil compaction than are low vigor trees. Structural characteristics are also important in assessing suitability. Trees with significant decay and other structural defects that cannot be treated are likely to fail. Such trees should not be preserved in areas where damage to people or property could occur. Trees that have developed in a forest stand are adapted to the close, dense conditions found in such stands. When surrounding trees are removed during clearing and grading, the remaining trees are exposed to extremes in wind, temperature, solar radiation, which causes sunscald, and other influences. Young, vigorous trees with well-developed crowns are best able to adapt to these changing site conditions. Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 15 Attachment 6. Glossary of Forestry and Arboricultural Terminology DBH: Diameter at Breast Height (measured 4.5 ft. above the ground line on the high side of the tree). Live Crown Ratio: Ratio of live foliage on the stem of the tree. Example: A 100’ tall tree with 40 feet of live crown would have a 40% live crown ratio. Conifers with less than 30% live crown ratio are generally not considered to be long-term trees in forestry. Crown: Portion of a trees stem covered by live foliage. Crown Position: Position of the crown with respect to other trees in the stand. Dominant Crown Position: Receives light from above and from the sides. Codominant Crown Position: Receives light from above and some from the sides. Intermediate Crown Position: Receives little light from above and none from the sides. Trees tend to be slender with poor live crown ratios. Suppressed Crown Position: Receives no light from above and none from the sides. Trees tend to be slender with poor live crown ratios. Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 16 Attachment 7. Tree Protection Fence Detail 6 ft. Temporary Chain Link Fence NO TRESPASSING - Protected Trees Harmony Ridge Off-site Utility Extension –Tree Protection Plan Washington Forestry Consultants, Inc. Page 17 Attachment 8. Assumptions and Limiting Conditions 1) Any legal description provided to the Washington Forestry Consultants, Inc. is assumed to be correct. Any titles and ownership's to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2) It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations, unless otherwise stated. 3) Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible; however, Washington Forestry Consultants, Inc. can neither guarantee nor be responsible for the accuracy of information. 4) Washington Forestry Consultants, Inc. shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5) Loss or alteration of any part of this report invalidated the entire report. 6) Possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. 7) Neither all or any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public relations, news, sales or other media, without the prior expressed written or verbal consent of Washington Forestry Consultants, Inc. -- particularly as to value conclusions, identity of Washington Forestry Consultants, Inc., or any reference to any professional society or to any initialed designation conferred upon Washington Forestry Consultants, Inc. as stated in its qualifications. 8) This report and any values expressed herein represent the opinion of Washington Forestry Consultants, Inc., and the fee is in no way contingent upon the reporting of a specified value, a stipulated result, the occurrence neither of a subsequent event, nor upon any finding in to reported. 9) Sketches, diagrams, graphs, and photographs in this report, being intended as visual aids, are not necessarily to scale and should not be construed as engineering or architectural reports or surveys. 10) Unless expressed otherwise: 1) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and 2) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that problems or deficiencies of the tree or other plant or property in question may not arise in the future. Note: Even healthy trees can fail under normal or storm conditions. The only way to eliminate all risk is to remove all trees within reach of all targets. Annual inspections by an ISA Certified Arborist or Certified Forester will reduce the potential of tree failures. It is impossible to predict with certainty that a tree will stand or fail, or the timing of the failure. It is considered an ‘Act of God’ when a tree fails, unless it is directly felled or pushed over by man’s actions.