Category: News

Even though the Sno-King Watershed Council (SKWC) was unsuccessful in their fight to stop the logging and and were unable to save the trees above our homes, they will continue to monitor the project and are reviewing the Frognal design drawings.  The SKWC is working to assure that any final design approved by Snohomish County is in strict conformance with the county’s own stormwater requirements.

The SKWC needs your support.  They need to raise approximately $5,000 above what has already been donated to cover the legal expenses incurred during the emergency stay that the SKWC filed in King County court in early December to halt the Frognal clear-cutting..

Any amount that homeowners can contribute will be greatly appreciated and will allow the SKWC to continue the fight to protect the water quality and threatened species both here and in other parts of Snohomish County.

A membership form to the SKWC can be found in the Documents sections of this website, and donations can be sent to the address on the form.

As reported previously, the Frognal Estates developers obtained permission from Snohomish County to clear-cut the forest above Regatta Estates.  This is particularly upsetting since the early cutting of the forest was initiated to derail a court review of the project being brought by the Sno-King Watershed Council (SKWC).  The case is scheduled to be heard in February of 2019.  If the trees have already been removed, there may be nothing to be saved by going to court:  The damage will have already been done, and the clear-cutting cannot be reversed.  At least, not in our lifetime.

The SKWC obtained a brief stop work order on December 7.  However, King County Court Judge Barbara Linde ruled in favor of the developer, and logging resumed on December 12.

The SKWC feels that Snohomish County has not been enforcing its code requirements on the Frognal Estates project and  (the SKWC) has stated that they will continue to monitor the project, and will point out project failures and code violations as they become apparent.

Lider Engineering, PLLC, has been retained by the Sno-King Watershed Council (SKWC) to provide comments on the Frognal Estates Development.  On November 20, 2018, Bill Lider submitted their findings in a thirteen page document to Ryan Countryman (Permitting Supervisor) and Randy Sleight (Chief Engineering Officer) of the Snohomish County Planning and Development Services.

Mr. Lider also presented his findings at the December board meeting of the Regatta Estates HOA.  Below is a link to the PowerPoint presentation given at that meeting.

https://www.dropbox.com/s/mz5ttvlz0eo0hxq/Frognal%20Estates%20PFN%2018-112370%20LDA%20Lider%20PP%20Comments.ppsx?dl=0

To download the file from Dropbox:

1.   Click on the link to access the Dropbox file.
2.   Scroll down to the bottom of the window and click on “No thanks, continue to view” to open the file.
3.   In the upper right hand corner of your screen, click on Download to save the PowerPoint file onto your computer.

If you would like to support the Sno-King Watershed Council in their fight to preserve the Picnic Point Watershed, you can find a membership form for the SKWC in the Documents section of this website.

Dear friends of the environment –

URGENT–CLEAR CUTTING NEAR PUGET SOUND ON MONDAY!!

Almost 20 acres of forest adjacent to neighborhoods in the Picnic Point area are about to get logged starting Monday. This is an emergency situation. We are asking for your help to stop this until the proper legal appeals have been heard.

Background:

The Sno-King Watershed Council (SKWC) has appealed the Frognal Estate’s (development’s) early logging forest practices act (FPA) permit and the Land Disturbing Activity (LDA) permit.  These permits will allow for logging large trees on 17.65-acres with an additional 0.69-acres for logging road and landing construction on its 22.24-acre site.  14,710 cubic yards of cut and 14,710 cubic yard of fill are proposed, or approximately 1,470 dump truck loads of cut and fill.

All of this work will be upslope of the Regatta Estates subdivision, which our engineer believes will concentrate and direct stormwater towards the Regatta Estates, increasing the potential for land movement and stormwater runoff, and endangering Picnic Point Creek, used by Chinook Salmon. The SKWC’s appeal of the early logging is scheduled to be heard in King County Superior Court, February 15, 2019.  Once logged, the Frognal site could remain in an unstable condition for years, or the main project could go forward, if approved by Snohomish County.

On Friday afternoon, November 30, 2018, representatives of the Sno-King Watershed Council were informed that the Snohomish County PDS has authorized the clearcutting, grading and land distribution activity to commence at Frognal Estates.

The Sno-King Watershed Council is currently an appellant in the early logging permit appeal pending in Superior Court, but they have received no notification of this clearcutting or any indication that clearcutting was imminent.  The Sno-King Watershed Council will file a motion in court on MOnday to halt the logging operation, but they need your help now.

 WHAT THEY NEED YOU TO DO TODAY:

Write an email today to Dave Somers, County Executive [email protected] with a copy (cc) to Barbara Mock, PDS Director [email protected]  Tell them:

1. The County needs to halt the Frognal Estates tree clearcutting, until The Sno-King Watershed Council has time to file a Motion to Stay, and the Court rules on this matter.
2. It is reckless and irresponsible to start Land-Disturbing Activities in December on steep slopes that the County has deemed an erosion hazard under  SCC 30.91E.160.

 Follow up your email with a call to Dave Somers at 425-388-3312 and leave a voicemail message with the same request.

PLEASE SPREAD THE WORD TO YOUR NEIGHBORS! It is very important that residents of Regatta Estates, particularly those who live on 133rd Place SW, become members of the Sno-King Watershed Council as they are going to be the most impacted by the logging. The current Forest Practices permit approved by the County allows Frognal to construct a “daisy chain” of ponds linked with new pipes, from 60th Ave W down to just above the homes on 133rd Place SW. The piped water will be much more concentrated and flow much faster than in the current forested condition. The current design proposed is to infiltrate all of the stormwater, but provides NO METHOD to prevent sediment from clogging the ponds. There is NO emergency bypass flow for the ponds, so any overflow will run downslope through the Regatta Estates homes. In the event of a large storm or a collapse of the pond dike, people could forced out of their homes with a tsunami-like mudflow delivering massive pollution delivered to Picnic Point Creek. The Sno-King Watershed Council has petitioned Snohomish County to take a more comprehensive look at the plans for Frognal Estates, and at the very least require needed modifications to their stormwater management plan, as well as other known issues that require further modification.

The Membership form to the Sno-King Watershed Council can be found in the Documents section of this site.

Dear neighbor,

Last week Sno-King Watershed Council appealed the Frognal forestry permit to the Snohomish county hearing examiner and  this week they will appeal the forestry grading permit to King County Court. They have submitted these appeals on behalf of the environment and of the residents for whom stormwater and erosion could cause damage. They have several points of argument including “cherry picking” stormwater management codes, using water management techniques that are not contained within the stormwater management manual, and for not abiding by the hearing examiners plat approval condition that they have all their grading, stormwater management and supporting infrastructure plans designed and approved so that the county can be assured this development won’t have adverse effects and is sustainable, which they have not yet done.

Sno-King is a fantastic organization that looks out for a watersheds, creeks and bodies of water that feed into our Puget Sound. They also represent us as neighbors who are adversely effected by water and erosion by such bad developments. But they need your membership to show that they have “standing” to represent the concerns of this neighborhood and our picnic point watershed in court. They have created a form attached that you can fill out and email in, this will add you to their mailing list and formally make you a member. Even if you already  made a donation asked to be on the mailing list please provide your details on the form so they can more formally keep your membership and so they can know your communication preferences.

Donations are also still appreciated for help supporting these court efforts. Checks are preferred but donating via credit card online works too. Giving information can be found on the attached form. For all donations giving in support of this legal effort please be sure to note that it is for Picnic Point legal action.

Much thanks,

The Picnic Point Preservation Committee

P.S.  Sno-King Watershed Council Membership Form can be found in the Document section of this website.

Last December, the Washington State Supreme Court unanimously ruled that the vesting rights doctrine does not apply to stormwater NPDES regulations.  What this means is that a project like Frognal, which is over a decade old would not be able to vest to old stormwater regulations. Regulations that have been changed and updated due to new science and recognition of safety issues with previous codes. In other words Frognal would not be able to build, however, in true Snohomish County fashion they (along with other counties) have appealed the decision and are asking the Court to eliminate this requirement from the decision that was already made. Additionally Senators Wilson, Angel, Honeyford, and Schoesler have introduced legislation SB-5212 to essentially gut this order by exempting stormwater projects.

This seemingly minor change will basically gut the Pollution Control Hearings Board and Supreme Court’s rulings, and allow building to go on as usual, despite the Supreme Court ruling and updated codes intended to prevent unsafe stormwater management.

Please take a moment to contact your State legislators, Picnic Point is represented by Sen Marko Liias, Rep. Strom Peterson and Rep Lillian Ortiz-Self,  and ask them to oppose SB-5212 and support strong legislation to protect safety and the environment and stop unsafe vesting.

Here are their emails:

Marko Liias: [email protected]

Strom Peterson: (legislative assistant) [email protected]

Lillian Ortiz-Self: (legislative assistant) [email protected]

Thank-you,

Picnic Point Preservation  Committee

National statistics reveal that approximately 4.7 million people are bitten by dogs annually.  One of every five people bitten will require medical treatment as a result of the bite.  In addition, 80 percent of the dog bite victims are children.  Dog attacks are the most commonly reported childhood public health problem in the United States.

If you are a pet owner, you are responsible for controlling your dog.  According to a mailing from the US Post Office, the average cost paid out in 2012 for a dog bite claim was $29,752.

Snohomish County has a countywide leash law that requires any dog off property of the owner to be under control of a responsible individual.  It is against the law to allow your dog to roam off your property.

Additionally, pet owners should respect their neighbors and clean up after their pets.  When walking your dog, carry plastic bags and use them to keep our neighborhood a place we can all enjoy.

If you have an immediate problem endangering you, a family member, or your pet, call 911 for help.  For barking dogs, nuisance dogs, suspected animal neglect or leash law violations, call the Animal Control Services Hotline (425)-388-3440.