RE:  21 101408WMD Ambleside Development Stormwater Modification/Waiver Request

Mr. Frantz and Mr. Alm,

I saw Bill Lider’s email to you dated 3/8/21. Underlying Mr. Lider’s concerns which I and many share, I have a fundamental concern which I would like you to address.  Is there a policy, written or otherwise, that allows WSDOT to entertain private interests for profit on state own land such as the mitigation zone at 12704 25th Ave SE, Everett, WA?  How is it that private interests are granted right of use, encumbrance either directly or indirectly or right of use in any way or access which would change the nature, character to include denigrating, or damaging WSDOT property?

You are aware or should be aware that the developer in this matter applied for and received PDS’s approval for one EDDS deviation request to clear and grade the site up to the WSDOT mitigation property.  It’s not clear if WSDOT on behalf of the citizens and public interest participated in that decision. This raises the issue of the process, how decisions are made, what standards if any must be met and who actually makes the call.  Would you tell me please?

The developer’s present request for a waiver/modification is a complicating and aggravating factor.  Please consider the negative impacts the developer’s requests will have upon this WSDOT property. The combination of these permanent adverse consequences is worse than the sum of its parts.  Please note as follows:

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.  (See Pg 3 of Bill Lider’s report of 2/16/21)

Would you please advise what authority WSDOT relies on to allow private interests for profit to use WSDOT property particularly a mitigation zone for their own purpose.

P.S.  Incidentally, the developer’s survey crew was out on your property, the WSDOT mitigation zone. The developer is planning to put in a new culvert on your side of the property. Is this okay with you?