Please see the 3:23 minute Frognal development drone video shot by a neighbor on June 22, 2021 at link https://youtu.be/di6Bzpl3Icw
The entire site is in a highly disturbed, highly erodible condition with no erosion controls visible at all. The only sediment controls visible are wholly inadequate silt fences near the bottom of the clearing. Silt fences installed perpendicular to contour lines are ineffective in preventing sediment transport.
Per the Frognal February 21, 2019 SWPPP, Element 5, “Mandatory: The time period of soil exposure allowed depends on the season. No soil shall remain exposed and unworked for more than seven days during the dry season, May 1 through September 30, or two days during the wet season, October 1 through April 30, unless other restrictions are placed on the project.” It appears that unworked soils have remained exposed for more than 7-days.
Steep slopes with disturbed soil sit directly above Regatta Estates homes and are poised to fail in the next significant rainstorm and deliver sediment onto the Regatta Estates property.
None of the required sediment ponds or sediment traps appear to have been constructed.
Temporary storm drain piping has not appear to have been installed between sediment ponds and sediment traps.
Cutoff swales to intercept surface flows do not appear to have been installed.
The required Interceptor Dike and swale required to be constructed across the lower area at a grade not to exceed 1% does not appear to have been constructed.
The SWPPP drawing C-8 requires the site clearing to phased to, “minimize the risk or potential for serious volumes of suspended sediment to develop that cannot be treated.” This was not done.
In the Hearing Examiner’s decision dated May 25, 2016, findings F.73-F.79, a Level 3 SWPPP was required for this project. To my knowledge, no Level 3 SWPPP was ever submitted or approved by PDS.
TESC measures must be implemented before sediment is released off site, not after a sediment release. By not implementing permit required TESC measures, the developer can achieve a windfall profit, at the expense of the environment and downslope property owners. A summer thunderstorm now will result in a massive release of sediment onto the Regatta Estates property.
At last check, the Alderwood Water & Wastewater District had not even released the approved sanitary sewer permit drawings necessary for utility installation to commence.
The Frognal site is only currently rough graded and does not meet Snohomish County’s requirements under its stormwater program and its 2019 Phase I Municipal Stormwater Permit, S5.C.5, to vest under the outdated 2005 SWMMWW. The grading work must be halted, the site stabilized, new permit drawings submitted, and a new public comment period allowed to review Frognal/Lennar’s revised design.
What action will Ecology and Snohomish County will take to prevent an erosional disaster at Frognal from occurring, to protect Picnic Point Creek with its population of federally listed, threatened juvenile Chinook salmon, and to require the Frognal development to comply with the County’s 2021 Drainage Manual and Drainage Code.