Frognal/Baxley Ridge Out of Compliance

On July 1, 2021, PDS determined that the Frogal development project (now known as Baxley Ridge) had not “started construction,” because the site was not graded to finish grade by the July 1 NPDES deadline. 

Frognal/Baxley must now comply with Snohomish County’s 2021 Drainage Manual.

Baxley’s engineer Land Technologies, owned by Planning Commissioner Merle Ash, has stated they plan to continue work without making any changes. Land Technologies is also the designer of Ironwood, which is currently under appeal by SKWC.

They intend to:

  1. Continue to plant lawn/turf grasses in bioretention facilities, even though these types of grasses are not permitted under the 2021 Drainage Manual;
  2. Allow bioretention ponds to be used for soccer fields, with mowed lawns that will likely be treated with chemical fertilizers and pesticides;
  3. There is no calculation showing that the site now complies with the Planned Residential Development (PRD) to provide active recreation areas for residents;
  4. Allow bioretention ponds to be used as pet waste receptacles; and
  5. Use nonstandard, deep rock infiltration chambers without any idea of how they will be maintained without an expensive replacement that future HOA homeowners will likely not be able to afford.

Planning Development Services does not intend to require Baxley to reapply for a new permit and claims that there is no opportunity to appeal their decision. This effectively allows the Baxley Ridge project to go forward, even though our my opinion, it does not comply with County’s 2021 Drainage Manual.

Putting money in politicians reelection pockets sure helps to avoid environmental compliance.