Southwest Snohomish County
Illegal clear-cut leaves slope-stability concerns

By Lynn Thompson
Times Snohomish County bureau

BRIAN CASSELLA / THE SEATTLE TIMES New vegetation has been planted at the site of an illegal clear-cut next to a condominium development above Edmonds' Marina Beach Park

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The varied greenery taking root on a clear-cut slope above Edmonds' Marina Beach Park doesn't yet mask the contours of the steep hillside or the silvery stumps of the maples that had protected dozens of species of migrating birds and local waterfowl.

Replanting the slope, clear-cut by Triad Development last winter in violation of city building permits, is the first of many steps the company has taken to address the damage.

But questions remain about Triad's $65 million condominium project, including long-term slope stability and plans for wildlife-habitat restoration.

The City Council last night was expected to give final approval to a settlement with Triad over the clear-cutting. The council unanimously approved the agreement in principle June 22, subject to review by the city attorney.

Triad's site plans call for two of its expected 10 condominium buildings to be constructed 10 feet from the bluff's edge, 40 feet less than is recommended above steep slopes in the city's critical-areas ordinance. The plans were approved by the city in June 2003.

The city and a geotechnical consultant for Triad say the slope is stable and would be even during a sustained earthquake.

"We did detailed analysis of slope stability, including during a severe earthquake. The results were that the slope is stable," said John Sadler, the project manager for Terra Associates, which did initial site evaluations for the condominium project and was called back to reassess the slope after the clear-cutting.

But another expert retained at the council's request warned that heavy runoff from the building site could cause the entire slope to give way.

"In its present configuration, the slope is at risk of future landslides caused by excessive surface-water intrusion," said John Zipper, the president of Zipper Zeman Associates, a Lynnwood geotechnical-consulting firm.

The settlement agreement calls for Triad to improve drainage above the hillside to prevent erosion and requires the developer to monitor the slope after heavy rainfall. Triad will continue to monitor and maintain the vegetation it planted on the slope in May.
 
"Pretty much everything that any of the experts raised relating to the slope is addressed in this agreement," City Attorney Scott Snyder said.

Triad also agreed to pay $78,000 in fines, 10 times the amount allowed under city code, and to donate $100,000 to the city beach-ranger and flower programs.

Additionally, the company will indemnify the city against lawsuits through 2010. And it will hold the city harmless indefinitely if future condo owners sue over slope failure or other problems related to the clear-cutting.

City officials have argued that if the slope erodes, the city can impose new building conditions, including greater setbacks when Triad applies for permits for the two buildings at the top of the slope.

Triad also faces a construction moratorium imposed by the state for violating the Forest Practices Act, which requires prior approval of logging. Until the developer meets all city conditions, it can't start the two buildings closest to the hillside.

The buildings have yet to be designed. Triad's initial plans called for two three-story buildings each with about 18 condominium units.

Fred Grimm, Triad's president, said the buildings will be designed in cooperation with structural engineers. Additonally, they have to meet international building standards for seismic and wind design.

"We'll be building very structurally sound, very safe buildings," he said.

The company has not yet worked out a plan to restore the wildlife habitat beyond replanting the hillside. A wildlife biologist hired by the city has recommended Triad create snags for bird perches and consider creating a wildlife corridor between Woodway and Edmonds Marsh, just north of the condominium site.

City Councilman Jeff Wilson said he is confident that the city's engineering division will continue to monitor conditions at Point Edwards and to address potential erosion and slope instability.

City Councilman Richard Marin said he was impressed by Triad's acceptance of its responsibility. Marin noted that Triad still has seven buildings to construct on the site.

"They have an incredible incentive to protect that slope," he said.

Lynn Thompson: 425-745-7807 or lthompson@seattletimes.com