Douglass’ dam a violation, officials say
Spokane developer Lanzce Douglass could face substantial fines after building a small dam that state and county regulators say violates pollution and wetland protection laws.
Douglass concedes that he built the dam, but insists he’s done nothing wrong at the site he’s trying to develop just east of Spokane’s border at 29th Avenue. State and county officials say he must remove the dam by Tuesday or face fines and jail time.
“Someone is breaking the law, and it’s not me,” Douglass said.
The showdown has again put the spotlight on Southridge, Douglass’ controversial subdivision that neighbors have fought more than three years because of storm water, environmental and other concerns.
“It’s a very fragile area, and now we have irreversible problems,” said Tina Flint, who lives across the street from Southridge.
Last month, Spokane Rock Products poured concrete into a drainage that crosses an unimproved section of Havana Street south of 29th Avenue and flows into wetlands on Douglass’ property.
The dam was built Dec. 18 on the western portion of 52 acres where Douglass is building the Southridge subdivision. The dam is in an area that is not allowed to be disturbed because of wetland designations, said Spokane County Planner Terry Liberty.
After neighbors saw the dam being poured, Liberty examined the site, determined that the dam violated the county’s Critical Areas Ordinance and issued Douglass a letter demanding that he remove the blockage by Jan. 8.
The state Department of Ecology also sent Douglass a letter giving him notice that he might have violated state water pollution laws by pouring concrete directly into a drainage. Failure to remove the dam could result in a fine of $10,000 a day, the letter said.
As of Friday afternoon, the dam was still there. Although some water was finding ways around the dam, the water level has risen on the other side, causing the waterway to widen by several feet across Havana Street.
Douglass said Friday that he’s simply protecting his property rights. He contends the drainage didn’t exist until 2006 or later when, he alleges, someone dug the drainage without permission from a wetland across Havana into his property.
“That’s crazy,” said Sally Reynolds, a member of the Glenrose Community Association. “That doesn’t make any sense.”
Reynolds and others neighbors say the drainage has flowed over Havana for years. Reynolds pointed to a 1999 Spokane County storm water utility map that shows the drainage crossing Havana.
For his part, Douglass noted road plans from the 1980s and 1990s that don’t indicate the presence of the drainage.
He said his attorney is working on a response that the county and state will receive by Jan. 8. He said he’s not the one who needs to take action.
“We want the ground to go back to its natural state, which means that the ditch needs to be filled in,” he said.
Even if Douglass is right, he’s still prohibited from blocking a drainage without the county’s permission, said Joye Redfield-Wilder, state Department of Ecology spokeswoman.
“You have to follow the rules so that you will avoid harming your neighbors,” Redfield-Wilder said.
Douglass declined to comment on why he didn’t seek permission to build the dam.
This isn’t the first time Liberty has issued Douglass warning letters for problems on the site.
In August, Liberty sent Douglass a letter informing him that work along 29th Avenue had disturbed the wetland buffer. In October, she informed him that rules that require the buffer be clearly marked were not being followed.
Liberty said if the dam isn’t removed by Tuesday, she’ll turn the case over to county prosecutors. County law says that each day the violation exists can result in a $1,000 fine and a 90-day jail term.