July 16, 2003

 

Jay & Marianne Wilkins

20917 SE 12th St

Sammamish WA 98075

mariannew@msn.com

425-391-4284                 

 

City of Sammamish

Emily Arteche

486 228th Ave NE

Sammamish WA 98074

 

Subject:  Comments to the Notice of Application - File #SED003013 Ebright Creek Park

 

There are so many issues that I have regarding Ebright Park, that it has been difficult to write this comment letter.  The design of the park is does not take into account the rural ambiance of the neighborhood nor does it speak adequately to the environmental issues.  My family and I have concerns regarding the following.

 

 

1.       Alternatives to the preferred park master plan not considered:

 

Everything I read tells me that the least intrusive option to the environment should be implemented when building.  Areas of wetlands and buffers should be respected, without mitigation or variance.  If I were to build a home in the area, I would be required to avoid the wetlands and buffers.    I expect no less from the City.

 

SCC 21A.24.010 states “The purpose of this chapter is to implement the goals and policies of the Washington State Environmental Policy Act, RCW 43.21C, and the City of Sammamish Interim Comprehensive Plan which call for protection of the natural environment and the public health and safety by:”

 

“A.  Establishing development standards to protect defined sensitive areas.”

 

“C.  Protecting unique, fragile and valuable elements of the environment including, but not limited  to, wildlife and its habitat;”

 

“E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and streams;”

 

SCC 21A.24.020 B “The city shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water, or vegetation or to construct or alter any structure or improvement without first assuring compliance with the requirements of this chapter.”

 

 

“D. When any provision of any other chapter of the Sammamish City Code conflicts with this chapter or when the provision of this chapter are in conflict, that provision which provides more protection to environmentally sensitive areas shall apply unless specifically provided otherwise in this chapter or unless such provision conflicts with federal or state laws or regulations.”

 

RCW 43.21.030(2)(c) states that  alternatives to the proposed action shall be considered.  It states in the 1990 King County Sensitive Areas Ordinance (KCSAO),  that mitigation for wetland impacts must follow a sequence that begins with #1 “Avoiding the impact all together by not taking a certain action or parts of an action”, followed by #2 minimizing the impact by limiting the degree or magnitude of the action.  

 

SCC21A.24.070 states “Exceptions.  A. If the application of this chapter would prohibit a development proposal by a public agency and utility, the agency or utility may apply for an exception pursuant to this subsection:

1.      The public agency or utility shall apply to the Department and shall make available to the Department other related project documents such as permit application to other agencies, special studies and SEPA documents.

 

2.      The Department shall review the application based on the following criteria:

a.       There  is no other practical alternative to the proposed development with less impact on the sensitive area: and

b.      The proposal minimizes the impact on sensitive areas.”

 

Construction of Ebright Creek Park can be accomplished with limited intrusion onto the wetlands, wetland buffer, and stream buffer.    See the attached copy of schematic option #3.  This option was obtained by public disclosure from the Ebright Creek Park file.  Reference is made to this design on the attached park board minutes dated August 26, 2002.  This option has no ball fields.  No ball fields means less fertilizer and water waste into Ebright Creek.  No ball fields means less water into the Septic drain field.  There is a sports meadow, all of which is contained outside the buffer area of the creek and wetlands.   Parking is scaled down to 28 cars. This alternative was not made available to the public for review.   By design, schematic 3 is a less invasive park design  and a practical alternative.    Home owners would be made to scale down a project if it was invasive to the environment.  Shouldn’t the city be required to do the same?

 

If the City of Sammamish wants Little League ball fields, they have a wonderful alternative location at the Commons site, which they own.  The site has no creek or salmon, few trees, no possible flooding problems, no immediate neighbors, is flat, has adequate wetland buffers and has been measured to be more than adequate in size.  It is on the northwest edge of the property, so it will not affect the new city hall with its noise.  It would have adequate restrooms and parking.   A lift station for a septic system should not be needed as would be required at Ebright Creek Park.  There is a grassy slope for drainage. Economically, the Commons site will save the taxpayers money.

 

 “Friends of Pine Lake”, at their own expense,  hired a landscape architect to review the Commons site.  See the attached letter from Richard VanDeMark, Landscape Architect dated July 8, 2003. It indicates that the Commons site would be excellent for ball fields.  

 

 He states that “The Commons site does not appear to be near any sensitive areas and is buffered by an expanse of vegetation that will be useful in infiltrating and filtering runoff.  He also states in that letter “A 90-foot buffer between adjacent properties and the ball fields is possible at the Commons site (including land within the park, surrounding right-of-way, unbuildable parcels, and building set backs).  Additionally there is a significant grade separation that will provide a visual and acoustic separation between the activity areas and the adjacent properties at the Commons.” 

 

 Instead of trying to mitigate the wetland and buffer encroachment at Ebright Park, the city should redesign the park without ball fields so that the wetlands and buffers have limited impact.  They have the option to use the Commons site to create the little league fields.

 

 

2.      Cumulative Traffic Impacts cause problems

Less than 1 mile away, a new development called The Crossing is being implemented.  That development adds 132 homes to the area.  All of those homes will be using 212th SE to enter and exit the development.  An additional (132X10) 1320 more car trips per day will be added  on that stretch of road.  The Ebright SEPA indicates the proposed park would add another 300 trips per day to the road.  That is is total of 1620 additional road trips per day.   Weekends could add another 300 trips per day.  The result will be dangerous conditions when anyone tries to enter or exit 212th SE.  The Crossings occupants, the park patrons as well as the neighbors that live in the area will be adversely impacted.  The park should be scaled down to reduce the number of road trip on 212th.  One over development (The Crossings) is enough. 

 

3.      Upper drain field will add 1500 gallons of water per day

The proposed park will add 3 new drain fields to handle the additional water runoff and sewage created by the park.  The restrooms waste will be pumped via a lift station, across the wetlands, to a drain field by the upper picnic area.  The septic system will add about 1500 gallon of water per day to the Septic drain field.  The parking lot will also have a drain field setup.  Both of these will drain into the wetlands.  The wetlands drain across the Ramerman’s  property and eventually back to Ebright Creek.  Increased water flow to the wetlands can create downstream problems to the neighbors and Ebright Creek where the water eventually flows.  The park should be scaled back to a smaller parking lot, and no ball fields.  The ball fields result in  peak water usage to the sewer system.

 

 

4.      Lower Drain Field creates excessive phosphates into Ebright Creek

The multipurpose ball field  is a under drained sports field turf.  A multipurpose field requires a high level of maintenance over a longer period of time.  It must also be constructed so it it will drain rapidly so that the surface will be dry to play on. It is fertilized heavily so the grass will grow and be maintained.  The fertilizers and additional watering system is added to the drain field.  The cutting of 54 large fir trees in this area will also add to additional water runoff in the drain field.  This drain field will be  released next to EBright Creek.  Now we have more water and pollutants entering Ebright Creek.  .

 

Ebright Creek is the last viable salmon creek in Sammamish.  What does this mean?  At last count, there was over 100 fish per day spawning in the creek during spawining season.   The last count for Pine Lake Creek, which is close by, counted 2 fish per day during the spawning season.   Everything possible should be done to allow for the continuation of this unique species of Kokanee salmon at Ebright Creek.  

 

High maintenance ball fields, with excessive polluted runoff, should not be placed next to an environmentally sensitive creek.

 

The King County Erosion Hazards near Sensitive Water Bodies Special District Overlay, known in brief as the SO 190, applies to Ebright Creek.  Protections are in place for Ebright Creek.  The city should be following them.

 

 

 

5.   Wetlands should support wetland plants, not Douglas Fir Trees

 

Fifty four large trees will be destroyed so that a ball field may be created.  The plan indicates that 2 trees will be planted for each one that is cut down.  This is not an acceptable alternative.  Trees that will be cut are 50-100 feet tall.  The new trees will be 4-6 feet tall.  Does one equate to the other?  I also have concerns regarding where these trees will be planted.  One location is on the north property line.  Douglas Fir trees offer no privacy screening or noise control.  Another location for these trees is in the wetland buffer zone.  It is questionable if those trees would even live in that habitat.  Wetlands should support wetland plants, not Douglas Fir trees.  There simply is not room for that many trees to be planted in a suitable location on the property.  Other park alternatives should be considered that does not result in destroying these 54 large trees.

 

It has been sad to see our area so drastically changed this last month with the destruction of all the trees for the 132 housing development down the street..  It makes it even more important that we save the trees that we have to enjoy.

 

 

6.       Cumulative Effects to Ebright Creek

There will be much more water entering Ebright Creek.  As discussed above, there will be the 1500 gallons of water per day added by the septic system.  There will be the water run off from the parking lot.  There will be 54 large fir trees cut down to create the ball fields.  The tree canopy handled much of the rain water before it hit the ground and they also absorbed much of the ground water beneath them.  This absorption system is gone.  All of the rain water will go directly onto the ball fields with the loss of the forest canopy.   The ball fields will be heavily fertilized and watered, which will add  more gallons of water to be dispersed.  All of this water is dispersed into the wetlands or ground water.  Ebright Creek is fed by wetlands and groundwater.

 

The following is a summary of the water quality and habitat for Ebright Creek from the City of Sammamish PAB Recommended Draft Comprehensive Plan dated February 10, 2003 page 13 (copy attached):

 

“Ebright Creek (WRIA08-0149); Class 2

Problems in the Ebright Creek subbasin include bed and

bank erosion in the upper and middle reaches of Ebright

Creek, resulting in sedimentation of lower reach salmonid

spawning and rearing habitat and of culverts under East

Lake Sammamish Parkway. There are no major water

quality problems in this subbasin, although elevated

nutrient and turbidity levels have been.

 

Under future land-use conditions without mitigation, peak

flows in Ebright Creek are predicted to increase by 100 to

150 percent, an absolute increase of between 20 and 40

cubic feet per second. Such increases will exacerbate

existing erosion and sedimentation problems. Future land

uses are expected to produce water quality problems far

greater than those previously observed. Increases in

turbidity, nutrients, metals, and organic pollutants are

likely with projected urban uses.

 

 

Summary of Habitat

Ebright Creek (WRIA 08-0149) is a Class 2 stream

with salmonids downstream (west) of 212th

Avenue SE. Species identified in this creek are

chinook salmon, sockeye salmon, coho salmon,

kokanee salmon (spawning only), cutthroat trout,

and rainbow trout. Although the creek is of

minimal size for chinook salmon, a few have been

sighted. The creek is unclassified east of 212th

Avenue SE where the wetlands begin.

Although the City Stormwater Management Plan

indicates there is an impassable fish barrier located

north of SE 8th Street and west of 212th Avenue

SE, field review by a consulting engineer indicates

there are no complete manmade fish barriers and no

permanent natural fish barriers. Of significance, the

stream is predominantly groundwater fed and is

about 50 degrees in temperature. It supports one of

the best runs of Kokanee. The stream is nicely

intact, particularly the lower reach (personal

communication, Geoff Clayton, RH2 Engineering,

April 2, 2002).”

 

 

The increased water flow to Ebright Creek, as indicated above, would be very damaging to the Creek and the Kokanee.  The park design should be scaled back and the ball fields removed.

 

 

7.  Detail design work completed before any SEPA input

 

      Things seem to be out of whack with the SEPA process.  SEPA should be completed early in the process so that environmental concerns may  be taken into account in the park design.  See the attached letter dated April 4, 2003 from J. Richard Aramburu re Ebright Creek Park. The letter identifies mulitiple WAC and RCW references indicating that SEPA requires compliance with its requirements at the earliest possible time.  The city ignored the letter and did not provide  SEPA documents until the SEPA application date of June 3rd, 2003.    How can the city or the public make informed decisions without adequate information?  In this case, the preferred master plan decision and detail design was made long  before the SEPA process was even initiated.

 

8.  Preferred Master Plan Decision made before public meetings.

Three public meetings were to be scheduled regarding the design content of Ebright park.  One public meeting was held.  The Ebright Creek Park Master Plan  -  preferred concept is dated December 2002 (copy attached).  City Council minutes dated January 21, 2003  (copy attached) authorized the city manager to enter into a contract with Wiscomb Landscape Architecture Services for Ebright Creek Park Design and Construction.   There is no formal vote accepting the Ebright Creek Park Master Plan preferred concept. Two additional public meetings about park design were held in February 2003. The public was not advised that a preferred park design had already been decided and money authorized to complete the detail design before the meetings were held.  

 

 

9.  Public not given any real alternatives regarding options in the park.

All three public meetings completed by the parks department showed schematics with ball fields in different positions.  Options without ball fields were not presented.  The city had those options but choose to limit what information the public received.

 

10. Wildlife Habitat Severely Impacted

Most of the trees (54) on the park site will be destroyed to create the ball field.  The noise from the ball games is not conducive to the animal habitat.  The amount of people per day coming to this park also destroys the sanctuary.  Cumulative impacts are created due to the recently demolished area called The Crossings where 132 homes will be developed. The Crossings is less than a 1/2 mile from Ebright Park.  Birds that will be severely impacted include Red tailed Hawks, other Hawks, songbirds, pileated woodpeckers and others that are identified in the habitat study.  Deer currently run through the area and would be severely impacted by the noise and fencing.  The wild life corridor is not being protected.   To destroy this habitat for ball fields  should not be tolerated.

 

11.  As designed, Ebright Park has the potential of being the most used ball field with the least amount of buffer to the neighbors. 

 

The whole length of the path around the soccer field (270 feet) is 10 feet from my property line.   Most home owners, when building allow for distance to the neighbors and build accordingly.  King county always tries to allow for 30-40 feet between any active park usage and the neighboring property.  What is wrong with Sammamish?  This design concept destroys my privacy, security, peace  and quite, views, quality of life, serenity of the neighborhood and property value.  I have written to the city asking how they propose to mitigate the noise to me and my neighbors. See attached letter dated April 8th 2003 regarding quality of life.   I received no reply.

 

The ball field positioning is the worse possible for noise control.  The whole length of the soccer field is within 10 feet of  my property line.  There is no sloping to the land.  All trees are removed from one fence line to the other.  Home plate faces directly toward my property.  This means all noise is projected directly toward my property with no buffer and no noise control.

 

Drainage problems will damage my property.  The city plans to add 5600 cubic yards of fill for the fields.  This will raise the land level creating a downward slope to my property.    They are also cutting down 54 large fir trees that had been absorbing much of the moisture in the area.  The net effect will be dumping water onto my property.

 

My view is destroyed.  Instead of viewing 100 foot large fir trees and wild life in the area, I will be forced to see the ball fields. I have lived in my home for over 25 years.  I thought the incorporation of the city was here to help protect residents from uncaring developers.  

 

I have attended all of the public meetings.  My first thought was, how nice to have a park next door.  My next thought was, no , I really don’t want the ball fields there, but it may be good for the community.   The more I learned about the process for park development, the alternatives for ball fields at other locations, the design alternatives within the park that are not being used, the impact to the wetlands and wetland buffer,  the environmental concerns, the loss of habitat by cutting 54 large trees, the effect on the last viable salmon creek in Sammamish, the need for an environmental center, the more I am convinced that this park is not the place for ball fields.  It is not in the best interest of the community to destroy Ebright Creek Park with ball fields that serve a minority of the population during part of the year.  This should be a park for all ages to enjoy.

 

Greater concern to me has been the City’s lack of concern for the impacts it is having on its citizens.  There is supposed to be a public process  to give citizens a voice.  This city limits that process in numerous ways: It limited the schematic alternatives at the public meetings so in essence, all views had ball fields.  They led us to believe that alternatives without ball fields were not an acceptable.  They agreed upon a preferred master plan before all of the public meetings had been held and without any SEPA process initiated.

 

It has been difficult to obtain public records on Ebright Creek Park.  It took over 6 weeks to obtain the file for Ebright Creek.  Previous to that, we were told that there was ‘no’ file on Ebright although detail design continued.  We have been told that park board minutes for October, November and December of 2002 can not be found.

 

Once the detailed design was completed, than the SEPA checklist was completed and given to the public.  What kind of process is this?  The city chose what they wanted, limited public input, and then created a SEPA document that would fit their plan.  The city should be leaders in serving the public, not look for ways to circumvent their own processes.  The SEPA process should be used to help design the park, not circumvent public safe guards to the environment.

 

 The web site, at one time showed the Ebright Creek Park plans.  They were subsequently removed and have not been available now for several months.  The Sammamish City Code is not on the web site.  The SEPA check list for Ebright Creek Park is not available on the site.  Again the city could make more information available to its constituents, but instead chooses to limit that information. The council blames the city manger for lack of information, and the city manager blames the council for decisions.  No one is held accountable. 

 

 

12.  Vision

 

I am attaching  a copy of the City of Sammamish PAB Recommended Draft Comprehensive Plan  dated February 10, 2003 Section IV.  Environment & Conservation Element,  page IV-1.  It states:

 

“Vision

 

The vision Statement and the Vision Ideals provided in the Introduction to this Comprehensive Plan reflect a strong emphasis on the value of and need to protect environmentally sensitive features:

 

 

This element furthers this vision by providing policy direction for the City’s active role in participating in regional environmental protection efforts, developing and applying local environmental regulations, promoting education, and other programs.”

 

Attached is a copy of Pg 29 and Pg 63 of the City of Sammamish Draft Parks, Recreation and Open space standards dated February 2003.  Again the citizens rank trails and pathways, and passive/Leisure recreation categories above all others per page 29.  On page 63 it states “It is clear that the people of Sammamish hold open space, greenways and natural resource lands in high regard.  Every effort should be made to identify, preserve, enhance and manage such important assets.”

 

13.  Recommendations

 

In the light of all of the issues above, I would recommend the following:

 

  1. Ebright Creek Park must be scaled down.  Little league ball fields should be eliminated from the Preferred Master Plan.  Many of the large Douglas Fir trees should not be destroyed.  A limited sports meadow should be in the area previously designed area for little league fields. Parking should be limited to 28 spaces.  Restrooms should be located close to their drain field so a lift station would not be needed.  A community Demonstration area would be next to the sports meadow field.  An outdoor classroom would be to the rear of the park.  Many trails and pathways would be part of the park.   Ideas from the attached schematic #3 should be included.

 

  1. If number one can not be agreed to, than a Determination of Significance must be found and a full environmental impact statement required.  As outlined above, many issues have not been fully addressed by this SEPA.  This includes, lack of alternative park design considered,  intrusion into the wetlands, and wetland and stream buffers, the limited public process, the lack of timely public disclosure, serious traffic impact, lack of noise mitigation, lack of buffer space to the neighbors, increased water flow to Ebright Creek, increase drainage to neighbors, loss of habitat space for threatened species such as hawks and pileated woodpeckers.

 

 

 

 

 

 

Sincerely,

 

 

 

Jay & Marianne Wilkins

Sammamish WA 98075

 

 

Attachments:

RCW 43.21C.030

Schematic Option #3

City Web Site as of July 12th.

Park Board Minutes dated August 26, 2002

Letter dated April 4th from J Richard Aramburo

Letter dated April 8th 2003 re Ebright Creek Park, Quality of Life

Council Minutes of January 21, 2003

PAB Recommended Draft Comprehensive Plan dated February 10,2003 Pg IV-13

Letter dated July 8, 2003 from Landscape Architect, Richard VanDeMark

Ebright Creek Park Master Plan – Preferred Concept dated December 2002

PAB Recommended Draft Comprehensive Plan City of Sammamish Pg IV-1

Draft Parks, Recreation and Open Space Comp Plan – pg29 and pg 63