Josh Dugan, a manager with Snohomish County’s Planning and Development Services department, surveys a site south of Paine Field, after unpermitted work obliterated a wetland. (Lizz Giordano / The Herald)

Josh Dugan, a manager with Snohomish County’s Planning and Development Services department, surveys a site south of Paine Field, after unpermitted work obliterated a wetland. (Lizz Giordano / The Herald)

County sues to halt ‘egregious’ damage to wetland and stream

The owners developing the land near Paine Field allegedly ignored multiple stop-work orders.

EVERETT — Snohomish County is suing a Lynnwood-area couple over unpermitted clearing and grading that obliterated a wetland and diverted a stream.

An emergency injunction and lawsuit was filed Friday. County code enforcement officials said stop work orders were ignored at an undeveloped lot near the intersection of Center and Beverly Park roads, just south of Paine Field. State and federal agencies have gotten involved, too.

The work with heavy equipment depleted the wetland that until recently carpeted the entire 1.4-acre lot. Mounds of dirt remain, as well as standing water.

“This is one of the most egregious and environmentally significant violations in our county’s history,” said Josh Dugan, a planning department manager.

Yatin Jain, who owns the property with his wife, Ashima, said he’s taken aback by the pressure from government agencies. What authorities initially called a fish-bearing stream, before determining there were probably no fish there, looked more like stagnant water to Jain, he said. He said he believed he was removing trash left by homeless people.

“I really feel like I really cleaned the neighborhood up, so I shouldn’t be penalized,” Jain said. “I just don’t want to be railroaded.”

Dugan said it appears a channel was dug to divert a stream away from the middle of the property. The stream, which is a tributary to Swamp Creek, had bisected the site.

SSB Trucking & Construction, based in Covington, also is named as a defendant in the suit. The county alleges the company performed clearing and grading work.

Bali Singh answered the company’s phone Wednesday and said it had nothing to do with the violations. He said the contractor had instructed drivers to dump loads at the site.

“Nobody told us to stop,” Singh said. “So many other trucking companies dumped loads before us.”

In the lawsuit, the county is asking the court to order the Jains to restore and remediate all of the unpermitted work.

The county investigated after receiving a complaint through a state agency.

After seeing apparent damage to the wetland, a code enforcement officer posted a stop work order April 25.

A few days later, the officer reported evidence of additional truck loads of dirt. The stop work sign had been removed. The officer reposted the order, but that sign also was taken down.

Two fines were issued in early May after work continued.

In court papers, the county asked for an emergency restraining order, based on the repeated violations. The court approved the request Friday.

Dugan said it was highly unlikely the county would have issued permits for the work that was done.

“It’s nearly impossible to build in a wetland,” he said.

Until recently, a site near the intersection of Center and Beverly Park roads was fully vegetated. Unpermitted clearing and grading obliterated a wetland. (Lizz Giordano / The Herald)

Until recently, a site near the intersection of Center and Beverly Park roads was fully vegetated. Unpermitted clearing and grading obliterated a wetland. (Lizz Giordano / The Herald)

State and federal agencies have sent the Jains letters in recent days about possible violations.

Larry Altose, a spokesman for the state Department of Ecology, said the agency is concerned about the loss of trees and shrubs that provide shade and help filter rainwater before it reaches the Swamp Creek watershed and its fish runs.

“It keeps the water cool,” Altose said. “It keeps the water clean. And it helps balance the rate of flow.”

The Jains purchased the land in January for $96,000, according to county records. The couple also owns the adjacent property, which is being used for storage. The area is zoned for business parks.

Yatin Jain, 43, has worked in construction most of his adult life. He has felony convictions for money laundering and marijuana possession with intent to distribute. Authorities at the time accused him of using drug-dealing proceeds to buy real estate.

Work to alter the path of the stream caused long-term damage, Dugan said.

“Getting it back into a functioning ecosystem is going to be a challenge and a big effort,” he said.

Authorities are continuing to monitor the situation. The county wants the owners to take action immediately to stabilize the site. Yatin Jain allowed state and county biologists to inspect the property Wednesday.

Polluting state waters, including wetlands, violates federal and state laws. It carries a penalty of up to $10,000 for each day the violation occurs.

Lizz Giordano: 425-374-4165; egiordano@heraldnet.com. Twitter: @lizzgior.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Trader Joe’s customers walk in and out of the store on Monday, Nov. 20, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
New Trader Joe’s opens this week at Everett Mall

It’s a short move from a longtime location, essentially across the street, where parking was often an adventure.

Ian Bramel-Allen enters a guilty plea to second-degree murder during a plea and sentencing hearing on Wednesday, March 6, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘Deep remorse’: Man gets 17 years for friend’s fatal stabbing in Edmonds

Ian Bramel-Allen, 44, pleaded guilty Wednesday to second-degree murder for killing Bret Northcutt last year at a WinCo.

Firefighters respond to a small RV and a motorhome fire on Tuesday afternoon in Marysville. (Provided by Snohomish County Fire Distrct 22)
1 injured after RV fire, explosion near Marysville

The cause of the fire in the 11600 block of 81st Avenue NE had not been determined, fire officials said.

Ashton Dedmon appears in court during his sentencing hearing on Tuesday, March 5, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Everett Navy sailor sentenced to 90 days for fatal hit and run

Ashton Dedmon crashed into Joshua Kollman and drove away. Dedmon, a petty officer on the USS Kidd, reported he had a panic attack.

A kindergarten student works on a computer at Emerson Elementary School on Wednesday, Feb. 28, 2024, in Everett, Washington. (Ryan Berry / The Herald)
‘¡Una erupción!’: Dual language programs expanding to 10 local schools

A new bill aims to support 10 new programs each year statewide. In Snohomish County, most follow a 90-10 model of Spanish and English.

Logo for news use featuring the Tulalip Indian Reservation in Snohomish County, Washington. 220118
Woman drives off cliff, dies on Tulalip Reservation

The woman fell 70 to 80 feet after driving off Priest Point Drive NW on Sunday afternoon.

Everett
Boy, 4, survives fall from Everett fourth-story apartment window

The child was being treated at Seattle Children’s. The city has a limited supply of window stops for low-income residents.

People head out to the water at low tide during an unseasonably warm day on Saturday, March 16, 2024, at Lighthouse Park in Mukilteo, Washington. (Ryan Berry / The Herald)
Everett shatters record high temperature by 11 degrees

On Saturday, it hit 73 degrees, breaking the previous record of 62 set in 2007.

Snohomish County Fire District #4 and Snohomish Regional Fire & Rescue respond to a motor vehicle collision for a car and pole. The driver was pronounced dead at the scene, near Triangle Bait & Tackle in Snohomish. (Snohomish County Sheriff’s Office)
Police: Troopers tried to stop driver before deadly crash in Snohomish

The man, 31, was driving at “a high rate of speed” when he crashed into a traffic light pole and died, investigators said.

Alan Dean, who is accused of the 1993 strangulation murder of 15-year-old Bothell girl Melissa Lee, appears in court during opening statements of his trial on Monday, March 18, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
31 years later, trial opens in Bothell teen’s brutal killing

In April 1993, Melissa Lee’s body was found below Edgewater Creek Bridge. It would take 27 years to arrest Alan Dean in her death.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Man dies after crashing into pole in Snohomish

Just before 1 a.m., the driver crashed into a traffic light pole at the intersection of 2nd Street and Maple Avenue.

Bodies of two men recovered after falling into Eagle Falls near Index

Two men fell into the falls and did not resurface Saturday, authorities said. After a recovery effort, two bodies were found.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.