Lakepointe Development

• What is the status on the groundwater monitoring required by the Consent Decree and Clean-up Action Plan?

  From Department of Ecology: There is not an ongoing requirement for groundwater monitoring at the Site. The Consent Decree (CD) and Clean-up Action Plan (CAP) original groundwater monitoring plan required monitoring in 2009-10, which was completed, and then as part of the approval of deferred industrial maintenance work at the Site, additional monitoring was conducted in 2012. The 2009 groundwater monitoring plan – supplemental to the Compliance Monitoring Plan (CMP) – only required two semi-annual rounds of compliance monitoring.

  Of the three types of compliance monitoring: protection, performance, and confirmational monitoring – it appears that all have been met at the site. Cleanup work is completed so no need for protection monitoring. Monitoring shows the cleanup levels are met at the Conditional Points of Compliance (CPOC) – so performance monitoring is completed. For confirmational monitoring, the plan required monitoring into 2009-10 which has been completed. Also long term monitoring under a compliance monitoring plan is only required until site cleanup levels are met (which appears to be the case at this site).

  We (DOE) looked over the CD requirements for the periodic review at the Kenmore Industrial Park Site. The CD has a “Five Year Review” provision which doesn’t require any action other than upon request (by either Ecology or Pioneer Towing) the parties will meet and discuss site status every five years. Ecology could require additional remedial actions (i.e., groundwater monitoring) if necessary to protect human health or the environment.

  DOE could require more sampling if it is required to conduct a periodic review. This would be outside of the CMP requirement, and would instead be under WAC 173-340-420(3).  Ecology would need to evaluate why another round of groundwater data is necessary for the periodic review. It does not appear that there is any indication that the site is no longer meeting CULs in groundwater at the CPOC. The site appears to have been in compliance at the groundwater CPOC since 2009. Ecology is continuing periodic review because there is an institutional control at the site – so in the review Ecology is checking the effectiveness of the completed cleanup action and the effectiveness of the institutional controls. Groundwater monitoring may not be necessary to judge the effectiveness of the cleanup action since Ecology understands that it has met CUL over 10 years ago. 

• What does the City think about this project?

  • We understand that this project is complex and will take time. We’re planning a careful, efficient, and organized approach to review, public participation, permitting, and construction. The City will manage this project carefully and in compliance with the Kenmore Municipal Code, Kenmore Comprehensive Plan, State Environmental Policy Act (SEPA), and other agreements, overlays, and conditions that apply to this property (there are many!).
  • This project will involve many other agencies including but not limited to Washington State Department of Ecology, Washington Department of Fish and Wildlife, King County, the Tribes, Department of Natural Resources, Washington Department of Transportation, Army Corps of Engineers, Northshore Utility District, Kenmore Police Department, Northshore Fire Department, and Puget Sound Energy. The City plans to partner with agencies for a collaborative review of this project.
  • For questions on this project please contact either Development Services Director, Samantha Loyuk, or Assistant City Manager, Stephanie Lucash. Samantha is available by phone at (425) 398-8900 x6162 or via e-mail at sloyuk@kenmorewa.gov, and Stephanie can be reached by phone at (425) 398-8900 x 6179, or via e-mail at slucash@kenmorewa.gov. 

• When will they start construction?

  Since the project is still in the research and feasibility stage, it’s hard to tell when construction would begin. At this point, you can assume years (not months). 

• How will I know when they make an application?

  The Notice of Application will be posted on the City’s website, posted on site (large white public notice boards), published in the Seattle Times newspaper, and mailed to property owners within 1,000 feet of the subject property. The City may also do additional outreach beyond what is required including but not limited to social media posts, press releases, and open houses. 

• Can I send emails or talk to City Councilmembers about this project?

  Because future decisions on this project will likely be quasi-judicial, Kenmore City Council members cannot discuss this project with you. There will be opportunities in the future for you to provide your feedback on this project to the Council (i.e., during a public hearing). Please respect that City Council members are avoiding conversation of this project to remain fair and objective and avoid appearances of bias.

• Can I comment on this project?

  Not yet. Public participation is a key element of the land use application. However, since we haven’t received an application yet (only a pre-application), there is no public comment period. Public comments will be accepted within a specificized time period (to be determined).

• Does this mean that a permit has been applied for?

  No. The project is very early in the design phase and is researching feasibility of the property and potential uses.