This is an email to Mr. Pazooki with WSDOT regarding the developer's new stormwater deviation/waiver request:

Mr. Pazooki,

Thanks for your response dated 3/11/21 to my inquiry dated 3/9/21.  I appreciate your efforts.

I have a central question that remains unanswered. What authority and policy does WSDOT rely upon that allows developers to use, change or encumber WSDOT property even with mitigation, or as you say, just compensation. 

I advised you that the developer applied for and received PDS’s approval for one EDDS deviation request to clear and grade the site up to the WSDOT mitigation property. You say no such permit has been issued by the county. I did not say that a permit had been issued.  Again, what I said was the county (PDS) approved the developer’s EDDS deviation request as referenced above. I enclose for your immediate review and confirmation the letter from PDS dated 12/19/19 (19-115780-000-00-WMD) which stated in pertinent part:

…the subject EDDS Deviation has been approved by the Snohomish County Traffic Engineer.

That no permit has been issued does not dispel the import and consequences of PDS approving this deviation request. How this deviation was allowed illustrates a pattern that should be avoided. As it stands:

1.            There is a clear lack of notice and due process in this matter.

2.            It looks like WSDOT was unaware of this EDDS deviation request.

3.            WSDOT had no say in the developer’s request to the county to encumber WSDOT property. 

4.            Given that the deviation transaction took place between the developer and the county not only was WSDOT bypassed, the public interest was not considered.

Now that the WSDOT property has been compromised by the approval of the developer’s first deviation request the pattern that ushered it through must be examined and revised. As far as the second deviation request involving the developer’s stormwater plan impacting the WSDOT property you say that you expect the “…first round of reviews to be completed by the end of next week and my questions/comments will be forwarded to the county and developer”.  Is what you will forward to the county and developer only for them?  Please advise if you will kindly serve notice of whatever you send them to me and everyone on this email chain. 

I advised you that the developer’s survey team was recently on the WSDOT mitigation site. I asked if you were aware of that and I don’t think you answered that question.  I also asked you if it was okay for the developer to put in a new culvert on the WSDOT property. You answered by saying that your information does not show any culvert on the WSDOT property. Would you answer my question please?  Would you please confirm that the public is allowed to go on the WSDOT property?

Thank you for your kind courtesy.