Take a look at what a straightforward expert has to say about all this. If you think it's wrong for the developer to get a special waiver for modification for a "deviation" request, let the county/pds know!
(This is a copy/paste of a report that was sent to PDS. Change.org does not have ability to upload .pdf files)
February 16, 2021
Haleh Ghazanfarpour, Senior Planner, Permitting
Snohomish County Planning and Development Services
3000 Rockefeller Ave., M/S 604
Everett, WA 98201
Haleh.Ghazanfarpour@snoco.org
Subject: Lider Engineering Review Letter Report
Ambleside Development Modification Request
12802, 12812, 12826, & 12832 25TH Avenue SE
Everett, WA 98290
PFN: 21-101408-WMD
Lider Engineering, PLLC has been retained by Mr. James Walsh to review and provide a professional opinion on the subject modification request to the Ambleside development to determine its sufficiency and compliance with applicable Snohomish County building codes; and to prepare this letter report for submittal to Planning and Development Services prior to approval of a site plan for this project and the subject
WMD permit.
The Ambleside SFDU project proposes to construct fifty-two (52) single family residential units on 4.81-acres with associated utilities, open space, and landscaping. As currently proposed this development will result in significant, unmitigated impacts that will require a significant re-design to address as discussed in this letter report.
The Applicant seeks to increase housing density to a point where Low Impact Development (LID) Best Management Practices (BMP’s) are not feasible. While LID is feasible at a lower density, it is not feasible at the proposed higher density. The project also includes construction of 1,076-feet of offsite sanitary sewer through another offsite wetland buffer.
On January 18, 2021, Applicant CES NW, Inc. applied for a code modification to the Ambleside development under PFN: 19-115780-SPA. Specifically, the Applicant requests elimination of its obligation under SCC 30.63A.520 Minimum Requirement No. 4—Preservation of Natural Drainage Systems and Outfalls and provision of off-site mitigation.
It is our contention that the Applicant has incorrectly applied for a code modification under SCC 30.63A.830 when in actuality, the change requested not to comply with Minimum Requirement 4 at all and must therefore be considered a waiver under SCC 30.63A.840; and has not adequately addressed the impacts of the project to neighboring streams and wetlands.
Comments
1. Request is a Waiver and not a Modification
The Applicant seeks to completely eliminate its obligation to maintain the natural drainage system and discharge location required under Minimum Requirement No. 4. Currently almost all of the stormwater runoff from the four Ambleside parcels flows to the north into the WSDOT property mitigation site located at 12704—25th Ave SE, Everett, WA. The WSDOT property is designated in perpetuity as a mitigation site for work done on SR-527 circa. 2002.
I observed this site during a rain storm on December 30, 2020 and observed no surface flow from the Ambleside site towards 25th Ave. SE; rather, almost all the stormwater flow off the Ambleside property is either sheet flow or shallow subsurface into the WSDOT mitigation property. The lack of any surface from Ambleside to 25th Ave. SE was document by photographs and video taken by myself on December 30, 2020.
The Applicant now proposes to concentrate all of the stormwater runoff from the Ambleside site to one discharge point located at the northeast corner of the project, into the unopened 25th Ave SE right of way, completely bypassing the WSDOT mitigation property. This concentrated runoff will then be conveyed via a Type Ns tributary stream to Silver Lake Creek in the unopened 25th Ave SE right of way.
An example of a modification request would be to reduce the setback for a flow spreader from the property from 20-feet to say 10-feet. In this case, the Applicant seeks to eliminate Minimum Requirement 4 in its entirety. Therefore, a waiver is required for this design change pursuant to SCC 30.63A.840, and not a modification under SCC 30.63A.830.
Recommendation 1: The Director must reject the modification request submitted under the subject permit and require a new permit application for a waiver under SCC 30.63A.840.
Comment 2: Cumulative Effects of Earlier Modification have not been addressed The Applicant has already applied for, and received PDS’s approval, for one EDDS deviation request to clear and grade the site up to the WSDOT mitigation property; and then construct a high intensity impact road on the north side of the Ambleside property with no landscaping to buffer the road impacts. Ecotone effects to the WSDOT
mitigation site such as blow down of trees from the WSDOT mitigation property will be increased by the high impact road construction. This in turn will create a condition for “hazard trees” that currently does not exist with the forested area at the north side of Ambleside, resulting in the removal of even more trees from the WSDOT mitigation site.
Other Ecotone effects caused by clearing up to the WSDOT mitigation site include increased opportunity of noxious, invasive weeds to enter and degrade WSDOT’s wetland mitigation habitat.
Now the Applicant seeks to add even more impacts to the WSDOT mitigation by entirely diverting all sheet or shallow subsurface flow from Ambleside. This will rob the trees and WSDOT wetland of water necessary to maintain its hydroperiod as well as adversely impacting the health of the trees and mitigation vegetation on the WSDOT 25th Ave. SE mitigation site.
Recommendation 2: A new SEPA checklist and environmental assessment is required to quantify the impacts from the failure to provide landscaping on the north side of Ambleside as well as the impact from not maintaining the sheet flow at the project’s current natural discharge location before approval of any waiver.
3. WSDOT Wetland has not Categorized or Delineated
In its January 15, 2021 Memorandum to Snohomish County, Soundview Consultants purports that Wetland A, located in the neighboring WSDOT mitigation property is a low value Category III wetland. Soundview failed to properly categorize the WSDOT wetland, or provide worksheets documenting Wetland A, based on the Washington State Wetland Rating System for Western Washington: 2014 Update, (Hruby, T., October 2014, or latest edition, Department of Ecology Publication #14-06-029)1.
1 Reference SCC 30.62A.140(2)
Without any substantive backup, Soundview Consultants ranked WSDOT’s wetland as a low value Category III wetland with a standard buffer of width of 80-feet and a potential reduced (mitigated) buffer width of 60-feet.
Soundview Consultants did not address the fact that Snohomish County PDS has already granted one EDDS code modification eliminating landscaping and tree planting on the north side of the proposed Ambleside development.
Soundview Consultants failed to identify the Type Ns stream that runs from the northeast corner of the Ambleside development to Silver Lake Creek via the unopened 25th Avenue SE right of way, or that Sliver Lake Creek is actually a Type F stream.
Snohomish County Code does not differentiate if a wetland or stream buffer is on site or off site. If an offsite buffer extends into the Ambleside property, it must be protected as required under SCC 30.62A.
The WSDOT wetland and all streams must be delineated by flagging and accurately surveyed onto the record drawing. Wetland rating forms must be provided documenting the current wetland current category. No unsubstantiated opinions can be permitted in allowing any waiver to wetland setback requirements in the code, with this potential for
impact.
Recommendation 3: Deny the subject permit pending a complete and accurate categorization, delineation, and land survey of all wetlands, streams, and their buffers on the WSDOT and unopened 25th Ave SE right of way.
4. SCC 30.63A.570 Minimum requirement 8: Stormwater discharges to wetlands The Applicant has not shown that the proposed stormwater diversion from the Ambleside development will not adversely impact the WSDOT mitigation site or its wetland buffers. No calculations have been provided demonstrating using the WWHM that there will be no impact to the WSDOT wetland, stream, or its buffer, as required under Appendix I-D of the SNOCO 2017 Drainage Manual.
In WSDOT’s December 2002 SR527 132nd to 112th Widening Wetland Mitigation Report, the created floodplain wetland at WSDOT’s 25th Ave SE mitigation site was ranked moderate for amphibian habitat and scored high for fish habitat, assuming that downstream fish passage barriers were removed.
Under Appendix I-D of the SNOCO 2017 Drainage Manual, a wetland can be physically or hydrologically altered if, the wetland does not contain a breeding population of any native amphibian species.
Because this reach of Silver Lake Creek within WSDOT’s mitigation site has been determined to be, “high fish habitat” if downstream barriers are removed, it must be treated as a Type F stream with 150-foot buffers.
Recommendation 4: Require a 150‐foot stream buffer for Silver Lake Creek and no alteration of the wetland or its buffer may be permitted.
Conclusion:
Permit No. 21-101408-WMD must be denied and no modification or waiver should be allowed due to potential impacts that will likely adversely impact WSDOT’s 25th Ave. SE mitigation site.
The proposed Ambleside development must be redesigned such that the currently existing, surface and shallow subsurface flows to the WSDOT mitigation site are maintained in accordance with Minimum Requirement No. 4, Preservation of Natural Drainage Systems and Outfalls.
Please make me a party of record on Permit No. 21-101408-WMD and notify me if any additional documents are submitted by the Applicant or decisions made on this permit by PDS.
Thank you for your consideration of these comments.
Respectfully submitted,
LIDER ENGINEERING, PLLC
February 16, 2021
William Lider, PE, CESCL
Principal Engineer