Judge grants injunction to North Bend after developer fills wetland

NORTH BEND - An injunction has been granted against the Snoqualm development on Northeast Eighth Street after the developer illegally filled a wetland on the site.

King County Superior Court Judge Douglas McBroom issued the preliminary injunction May 24 against Richard and Karen Clark and Snoqualm Place LLC. It followed a temporary restraining order filed by the city of North Bend that was granted April 26.

The city filed the temporary restraining order after learning a wetland in the more than 5-acre development had been filled by Clark. City Attorney Mike Kenyon said the wetland was part of a larger sensitive area within the site.

Kenyon said even after the temporary restraining order was issued, Clark continued to fill the wetland, which led to the city asking for an injunction.

"It's hard to imagine a more blatant disregard for first a city ordinance, and then a final plat ... and a court order," Kenyon said.

Clark did not return a call seeking comment.

According to the injunction, Clark must return the wetland to its original state. He must submit a site restoration and revegetation plan prepared by a landscape architect within 30 days of May 24. The plan must be reviewed by a wetlands biologist before submittal.

Once the city approves the plan, Clark would have 60 days to restore the wetland.

If city officials don't receive the restoration plan within the 30 days, they would have the authority, under the injunction, to enter the site and restore the wetland. Kenyon said the city would also file motion against Clark for being in contempt of the court order.

Clark is also directed by the injunction to not violate a stop-work order posted at the site and "causing, or allowing or permitting to occur, or failing to prevent any further activity which constitutes a nuisance ... from being committed on the property."

Fourteen houses are planned for the Snoqualm development, ranging in price from $600,000-$750,000. So far, three houses have been built, and another is partially constructed.

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