23 May 2011 To: City of Everett, Ryan Sass rsass@ci.everett.wa.us and Tony Lee tlee@ci.everett.wa.us From: Everett Valley View lower rim neighborhood (see signature list below), Everett 98203 Dear Mr. Sass & Mr. Lee: This letter addresses the recent landslide activity in the Panaview and Burl areas of Valley View. As the city is aware, the landslide has been disastrous and adversely affects the lives of the local residents. We, the residents and signees below, are presenting evidence that we believe the root cause of the deep-seated landslide is excessive water being deposited into the creek below our neighborhood by the Valley View neighborhood storm water drainage system. The water caused constant and accelerated erosion of the ravine slope toe. We also believe the City of Everett is responsible for this event due to the 2004 “Panaview Blvd Storm Drainage Project” (City of Everett, 2004) in which the city nearly tripled the capacity of the storm water drainage system and apparently did not take any measures to mitigate the increased creek water flow. As such, we request the following actions by the city: 1) Stabilize the toe of our slope and fortify the creek bed to minimize or alleviate further erosion. 2) Stabilize the top fracture of the slide (scarp) which runs from 3021 Burl to 3001 Panaview. One proposed solution is to install an effective retaining wall the length of the scarp. 3) Rebuild the 3019 Burl house (currently totaled – Photo 1) and repair the 3007 Panaview house (foundation is undermined – Photo 2). 3019 Burl Place 3007 Panaview Blvd 1 BACKGROUND: Testimony of long-time residents indicates the creek below us in the ravine used to be dry in summer and a slight stream in winter. One neighbor reported, “You could easily step over it”. The creek now flows year-round. The Valley View neighborhood and storm water drainage system was built in 1968 with the outflow being an 18 inch diameter pipe exiting runoff water into a “grass-lined swale” (the creek as it currently exists). Since 1968 more and more development occurred in Valley View causing increased storm water runoff and resultant accelerated erosion of the ravine. Our ravine situation appears to be described in great detail in the Snohomish County report “Marshland Tributaries and Sunnyside Creek Drainage Needs Report” dated December 2002 (Snohomish County Public Works, 2002). Note that our creek, which is a “Marshlands” tributary, is just north of the report study area. Chapter 6 and Appendix E provide an excellent summary of the situation. Essentially urban development in the upper portions of the ravines above the Snohomish Valley Marshlands area resulted in the deposit of storm water into the ravines which greatly accelerated erosion in an already fragile environment. With increased development the storm water systems were overwhelmed with the increased quantities and flooding occurred. This resulted in greater erosion rates and enhanced deep-seated landslide potential. Valley View experienced multiple floods in 2003/2004 which resulted in the city increasing the storm water drainage system capacity. The outlet pipe is now 30 inches in diameter. However, it appears that minimal precautions were taken to protect the creek or ravine. As well, upon examination the outlet appears to be assembled incorrectly, creating an obstruction that leaks underneath and forces spray onto the neighboring banks. This examination was performed by a professional builder of such pipe assemblies. The City of Everett “Landslide Hazard Critical Areas Map 2” (Reference 3) shows our ravine as having a landslide hazard rating of “high” to “very high”. Even prior to the 2004 project it was apparent that erosion was a concern. The people responsible for the Marshlands apparently have been dredging the canal that our creek exits into (east side of Larimer Road) yearly or every other year due to the accumulation of sand/silt. 2 Our field samples (Photo 6), taken in 2011, indicate that water comes into the creek (storm water pipe exit) clean/clear and exits on the valley floor a murky gray color. During hard/steady rain periods the valley floor exit flow is very murky – it is so high in particulate matter that it resembles chocolate milk (Photo 7) We are surprised this silt flow is allowed since our creek drains into Marshlands and shortly thereafter into the Snohomish River which is salmon bearing. We have been told by a witness to the yearly/bi-yearly Marshlands canal dredging that the removed material is always a gray silt/sand. This correlates with canal bottom samples we have taken this year. In addition, a video from August 2004 recording the creek exit water at Larimer shows the same gray color we see today. We believe the sand/silt being continuously washed away is glacial advance outwash sand/silt and glacial till being eroded from the hillside. We have taken samples from the creek and near our houses, and both the advance outwash sand/silt and till dissolve easily in water and result in the gray water color seen at the creek exit. RELATED TIMELINE: Late 2004 – City increased flow capacity of stormwater drainage system. Jan 2006 – 3021 Burl Pl (built 1975) notices house movements for first time. Jan 2009 – 3007 Panaview Blvd (built 1978) notices house movement for first time (original owners). Dec 2010 – present: Dec - Start of deep-seated landslide. 3021 Burl resident vacates house in Feb & 3007 Panaview residents vacate in March. Landslide scarp extends from 3021 Burl (built 1968) to 3001 Panaview (built 1985), slide continues to move slowly. 2933 Panaview, whose backyard is at the pipe exit, indicates that since pipe size increase they have lost approx 6 vertical feet of their backyard (land has “dropped”). Prior to pipe increase no noted land loss noticed. Creek - Current Conditions: A deep-cut chasm in many areas and the extreme vertical drop to the valley floor makes hiking the creek very difficult. Also, it is dangerous due to numerous landslides into the creek. The creek begins at the storm water exit pipe (Photos 3 & 4), which dumps water onto a bed of rocks (riprap). However, immediately downstream of the riprap the creek bed is clay (Photo 5). This means that all layers above the clay (advance outwash sand/silt, glacial till, recessional outwash, and colluviums) have washed away. The clay layer seems very water resistant; our samples in water do not dissolve very easily. During heavy rain periods water shoots out of the pipe and some of it totally bypasses the riprap and lands directly on the clay. Continuing down the creek it becomes evident that erosion is rampant as the creek bed is a mixture of decomposing sand/silt and till. Several landslides have closed the creek chasm and midway down is a fairly large landslide which has re-routed the creek. This is near the area where several (perhaps 10) 100+ year old Douglas Firs (the rings of two stumps were counted – there were approx 120 rings) and at least one Cedar have fallen, been cut down, or are in the process of falling (Photos 8 & 9). The creek erosion and landslide decimated these trees. The creek and trees at this point are on the 7720 and 7818 Larimer Road properties. The creek continues with additional landslides around it down to the valley floor. The only stretch of the entire creek not distressed is the last 40 feet or so prior to entering the pipe under Larimer Road (Photo 7). In this 40 feet run the creek is fairly level whereas the rest of it has a continuous vertical drop. 3 NOTE: Approximately 10 100+ year old trees falling or fallen would seem to indicate a 100 year event. Although there has been lots of rain this year, we have not noticed any other Puget Sound area experiencing a 100 year event. ROOT CAUSE: Based on our observations, studies, discussions with professionals, and field research we believe the 2004 storm water system capacity increase has resulted in excessive creek water flow and destabilized the entire ravine below our neighborhood. The creek, whose bed is at the clay layer, is continuously eroding the toe of the ravine and effectively allowing advance outwash sand/silt and glacial till to “bleed” out of the hill. Perhaps augmenting this scenario is underground water flow from above our houses which, due to the “open wound” at the ravine toe, is flushing outwash sand/till down the slope. We are unsure of the source of the water (whether it is natural or perhaps coming from another source such as a leaking sewer, water supply, or stormwater system). We understand the City of Everett has hired a geotechnical engineering firm to assess the landslide situation, and we wonder if they have reached the same conclusion. In a neighborhood meeting the Mayor mentioned those reports are public record and that we were welcome to look at them. CITY NEGLIGENCE: We believe that the city’s Valley View storm water system capacity project in 2004 did not properly assess the impact to the creek and ravine and did not mitigate the increased water affect. Our public disclosure request (PDR) regarding the project indicated that the Everett “Stormwater Management Manual” dated January 1997 (Reference 4) was the applicable city document which provided rules/regulations for the 2004 storm water project. In our opinion and of critical importance, the project should have included creation of a Stormwater Site Plan (SSP) and a Drainage Plan (DP). Using the guidelines in these plans the city would have assessed in detail any potential affect to the creek. However, the city indicated these documents were not created, nor corresponding processes followed, since they determined the project scope was not within the guidelines which require the documents or procedures. The two guidelines are “Land disturbing activities of one acre or greater” or “Creation of 5,000 square feet or more of impervious surface”. According to the city-provided engineering documentation (Reference 5), the Panaview storm water drainage system drains an area consisting of 112 acres, of which 41 acres are considered impervious. The drainage basin includes most of Valley View, some of Sylvian Crest, an area under I-5, and a portion of the neighborhood west of I-5. The impervious surface area of 41 acres is equal to 1,785,967 square feet. We are still reviewing the city-provided flow calculations for the project, but for discussion purposes consider an example that the system capacity was increased by 1%. This is equivalent to adding 17,860 square feet of impervious surface to the drainage area. The city greatly increased the capacity of the system, and although we realize maximum capacity flow may not be seen at all times, it is obvious that the expected increased flow from the project far-exceeded the equivalent of “5,000 square feet” and therefore qualified for the intent of the SSP and DP requirements. An equivalent analogy to the city’s apparent logic is that a neighboring drain basin storm water system of the same size could be 4 added to the Valley View storm water system with the addition of a new pipe run which merges the two systems. The pipe-run project itself does not exceed the 5000 square feet or one acre guidelines, but obviously the outlet flow is doubled and qualifies for the intent of the SSP and DP requirements. We also have internal city correspondence from 2003 (before the project) that indicated “some kind of an allowance for channel improvements downstream of the outlet” should be considered as part of the cost estimates for the project. The ravine area landslide potential was classified as “high” or “very high”, Snohomish County Marshlands has been dredging the creek outlet ditch for years, it should have been no secret that excessive erosion was already occurring prior to the pipe enlargement. Increasing flow would obviously have increased this. In winter 1996/1997 the ravine experienced surface landslides (not deep-seated – these surface slides were due to saturated surface soils) due in-part to slope steepness. The city should have been very cognizant of the ravine and creek vertical drop. It is also our understanding that in 1996/1997 a City of Everett sewer system project in our neighborhood (Lift Station No. 10 By-Pass – Reference 6) considered a new sewer pipeline route which would have run directly under the slope just north of our ravine (under the house on 2927 Panaview and down the slope), however a different route was chosen due to slope landslide concerns. SUMMARY: The city should have followed the Storm water Management Manual SSP and DP procedures. They should have known our ravine was landslide-sensitive, and should have properly mitigated the effects of the 2004 creek water flow increase. They did not, and now we have a deep-seated landslide which we believe is directly attributed to this event. We would like the city to right their wrong. FINAL REMARK: Per the Snohomish County Marshland report, “Where increased bank undercutting has caused hillside landslides, it could take decades to centuries of erosion before the hillslopes recover a stable geometry and pre-development erosion rates”. Accordingly, we trust the city, as servants of the people, will act in an appropriate and timely manner to resolve this issue. We hope creek/slope/house mitigation actions can occur prior to the next rainy season (Winter 2011/2012) before further damage is sustained. Thank you for your consideration and time. We look forward to the City of Everett’s response within 14 days. Sincerely, Don and Charlotte Benusa Tim and Dee Smith John and Sherry Priest Dave and Diana Herbert Ken and Donna Bosman Chuck and Joyce Thompson Dmitriy and Galena Krasinsky 2913 Panaview Blvd 2917 Panaview Blvd 2921 Panaview Blvd 2925 Panaview Blvd 2927 Panaview Blvd 2931 Panaview Blvd 2933 Panaview Blvd 5 Chuck and Karen Kinman Jay Himmelman and Sue Habeck Rob and Margaret Lund Steve and Diane Mosman John Vicente Dick and Shirley Frohne 3001 Panaview Blvd 3005 Panaview Blvd 3007 Panaview Blvd 3013 Panaview Blvd 3019 Burl Pl 3021 Burl Pl (Signatures on file) Photos Photo 1: 3019 Burl Pl Photo 2: 3007 Panaview Blvd Photo 3: Stormwater pipe exit (Creek beginning) 6 Photo 4: Pipe exit overshooting riprap and landing directly on clay Photo 5: clay creek bottom (same location as Photo 4) Photo 6: Water samples 7 Photo 7: Creek bottom just above Larimer Road Photo 8 (Aug 2010) Note group of 100+ year old trees Photo 9 (May 2011) Most trees are gone 8 References 1) Panaview Blvd Storm Drainage Project – 2004. City of Everett project in which the capacity of the Valley View stormwater drainage system was increased (including outlet pipe changed from 18 inches diameter to 30 inches diameter). 2) “Marshland Tributaries and Sunnyside Creek Drainage Needs Report” dated December 2002, published by the Snohomish County Public Works Department Surface Water Management Division. The report can be seen at: http://www1.co.snohomish.wa.us/Departments/Public_Works/Divisions/SWM/Library/Publicati ons/Urban_Drainage/DNR/marshland_sunnyside_dnr.htm 3) City of Everett “Landslide Hazard Critical Areas Map 2” http://www.everettwa.org/default.aspx?ID=885 4) “Stormwater Management Manual” dated January 1997, distributed by City of Everett Public Works Department 5) “Panaview storm system engineering analysis done for Mark Sadler by Jane Zimmerman” (part of 2004 panaview stormwater project PDR data package) 6) Hong and West Associates, Inc (HWA), “Results of Stage 1 – Preliminary Geotechnical Evaluation, Lift Station No. 10 By-Pass, Everett, Washington” consultant report prepared for the City of Everett Public Works dated April 18, 1996 and “Geotechnical Report Lift Station No. 10 By-Pass, Everett, Washington” report dated September 30, 1997. 9