Below is an update on the “Triangle Property” following a Feb. 6 letter sent by City Manager Morgan Smith to the State Department of Natural Resources (DNR) and State Department of Ecology (DOE) seeking specific actions from these agencies related to regulation of this site.
The Triangle Property, located at the intersection of Fletcher Bay Rd. and Lynwood Center Rd., is the location of an historical and current sand mining operation, and activities at this location are subject to regulation from several agencies, including the DNR, DOE, State Department of Health (to some extent) and the City of Bainbridge Island.
Department of Natural Resources (DNR)
- On Feb. 20, DNR provided the City with a copy of the clean soils policy that DNR has accepted from Liden Land Development (site operator). The policy satisfies one of the conditions of DNR’s inspection report dated Jan. 28, 2020. The policy document implements an operational plan to ensure that imported soils at the Triangle Property are screened for potential contaminants. Click here to read the letter.
- Per a letter received Feb. 13, DNR has provided a partial response to the City’s requests. Click here to read the letter.
- DNR has produced an inspection report related to the site. That document is included within DNR’s letter and is dated Jan. 28, 2020 - the City received it Feb. 13.
- Per the inspection report, DNR has requested that the operator complete a clean soils plan (see above). DNR also requested that the operator cease the import of backfill material until the clean soils plan is accepted by DNR.
- Per the inspection report, DNR requested the installation of permanent markers to designate the permit boundary.
- Per the inspection report, DNR requested the installation of silt fencing.
- Per the inspection report, DNR concluded that the excavation depth does not violate permit conditions.
- Per point #4 in the Feb. 13 DNR letter, DNR has not identified any other violations at the site.
Department of Ecology (DOE)
- Per an email received Feb. 14, DOE is working to respond to the City’s requests and expects to provide information to the City during the week of Feb. 17.
With respect to State Environmental Policy Act (SEPA) matters, there continue to be discussions between staff from the City and DNR regarding enforcement of SEPA conditions related to the site. The City has requested that DNR issue a revised or amended SEPA, with clarification as to specific requirements and conditions, and the City is continuing to pursue a complete response from DNR until the underlying issues have been resolved.
The City’s understanding is that the site operator, Liden Land Development, is working to schedule the requested soil testing and intends to share those results with DNR, the City and interested neighbors. It is also the City’s understanding that the operator is working to install the silt fencing and permanent markers that DNR has requested.
The City’s Feb. 7 update on this topic, which includes background information and the letters sent from the City to DNR and DOE, can be read here.