Sequalitchew Threatened by DuPont Warehouses

Above: DuPont Industrial Partners, LLC is proposing to build two massive warehouses near Sequalitchew Creek and the Sequalitchew Creek trail in DuPont. The peaceful trail area, abundant with wildlife, is a favorite destination for families, bird watchers, and photographers.

Public Comment Deadline is September 12

By Janine Gates

Little Hollywood

https://janineslittlehollywood.blogspot.com

A developer is proposing to build two industrial warehouse buildings on a vacant 21 acre piece of land located on the west side of Sequalitchew Creek in the city of DuPont in Pierce County. 

The project applicant is Eric Cederstrand, DuPont Industrial Partners, LLC, represented by Barghausen Consulting Engineers of Kent.

According to the application submitted to the city, the proposed construction of the two buildings total approximately 258,400 square feet, or over five acres. Over 70 percent of the property is expected to become impervious surface.

The warehouse facility is expected to employ 99 people. 

Sequalitchew Creek is an environmentally sensitive area on the east side of the Nisqually Reach.

Its canyon water flow comes from a variety of sources, including Sequalitchew Lake, underground springs, and smaller seeps.

A peaceful 1.5 mile walking trail follows the wooded ravine along Sequalitchew Creek. It begins at the City of DuPont’s civic center and ends at the mouth of Sequalitchew Creek and Puget Sound, just north of the Nisqually Delta. It is a favorite destination for families. 

The buffer between the proposed project and the Sequalitchew Creek trail as labeled on an attached site map is 100 feet.

The City of DuPont has reviewed the proposed project and will likely issue a Mitigated Determination of Non-significance (MDNS) for the project.

Agencies, tribes, and the public are encouraged to review and comment on the proposed project by submitting written comments to the City of DuPont by 5:00 p.m. on September 12.

Comments should be sent to Jeff Wilson, City of DuPont Community Development Director and City SEPA Official, City of DuPont, 1700 Civic Drive DuPont, WA 98327 or jwilson@dupontwa.gov.

Above: The beginning of the paved portion of the Sequalitchew Creek trail and a dirt road indicates the direction a new road would be constructed to access two proposed industrial warehouses in DuPont. The area is the former site of the historic Methodist Episcopal Mission.

The Sequalitchew area was the site of a year round village for the Sequalitchew-Nisqually Indians over 5,700 years ago. The name Sequalitchew is the Nisqually description of the sandy beach at the mouth of the creek and means big tide or long, run out tide. 

The land for the proposed warehouses is also the general site of the historic Methodist Episcopal Mission, the first non-permanent, Euro-American settlement on Puget Sound. Built in 1839, the Mission burned down in 1842.

In 1841, a second group of Americans arrived and anchored off the mouth of Sequalitchew Creek. Led by explorer Lt. Charles Wilkes, the general area is said to be the site of the first Fourth of July celebration north of the Columbia River.

According to the application, the proposal includes an expanded public right-of-way dedication to create a public plaza for historical markers as part of the development.

The vacant site will need all aspects of land preparation and infrastructure including grading, landscaping, water and sanitary sewer extensions, a stormwater collection and infiltration facility, dedications of public right-of-way, and an extension of Sequalitchew Drive.

Due to contamination, the property is subject to the terms of a 1991 consent decree between the Washington State Department of Ecology and the Weyerhaeuser Company and DuPont Company. 

Under the state Model Toxics Control Act, the companies agreed to implement remedial cleanup activities for the contaminated areas of the site. 

The property is part of the former DuPont Works site, a 3,000-acre parcel of land that at one time was the site of an industrial explosives production facility operated by the E.I. duPont de Nemours & Company. 

 

Above: A site map indicates the location of a 21 acre vacant parcel of land along Sequalitchew Creek proposed for the construction of two warehouse buildings totaling over five acres in size with related facility requirements.

Above: The nearby apartment community of Creekside Village is nestled alongside the Sequalitchew Creek trail on Sequalitchew Drive. The trail system along the creek and the historic Fort Nisqually site is a major draw for residents in DuPont.

Near the proposed warehouse site across Center Drive and the historic Fort Nisqually site, is a quiet residential neighborhood called Creekside Village. 

To access the proposed project, a cul-de-sac at the end of Sequalitchew Drive would be removed and a road would be extended through the property. Large Oregon white oak trees would also be removed.

DuPont is proud of its historic heritage and produces many events and activities around its history.

Each year in August, the City of DuPont hosts DuPont Heritage Days. On August 18-19 of this year, the DuPont Historical Society hosted reenactment activities and tours at the Fort Nisqually site.

The Hudson Bay Company arrived in 1832 on Sequalitchew Creek and built Fort Nisqually, a fur trading and agricultural settlement. The fort was later purchased by the U.S. government in 1869. 

The remaining fort structures were moved and reconstructed as a living museum in the 1930s to the Point Defiance Park in Tacoma.

Above: The city of DuPont's city hall at 1700 Civic Center Drive sits just east of Sequalitchew Creek. Access to the trailhead of the Sequalitchew Creek trail is nearby. A favorite with families, the Sequalitchew Creek Canyon features a stunning 1.5 mile walking trail that follows Sequalitchew Creek and ends at Puget Sound. 

Port of Olympia Seeks Clearer Vision

Above: The Port of Olympia has launched a new initiative, Vision 2050. A 27 member task force, which includes Chris Richardson, Confederated Tribes of the Chehalis Reservation, and Rhys Roth, Center for Sustainable Infrastructure, above, met for the first time on Tuesday.

By Janine Gates

Little Hollywood

http://www.janineslittlehollywood.blogspot.com

Eager for a fresh start after ousting executive director Ed Galligan last month, the Port of Olympia has embarked upon a public outreach initiative called Vision 2050. 

A 27 member task force is charged with helping port staff and consultants interpret public feedback that will help shape how the port will look, feel and function in the years ahead.

Task force members were handpicked by port staff, its project consultant, and Thurston Regional Planning Council staff. They met for the first time Tuesday afternoon at the Lacey branch of South Puget Sound Community College. Eighteen task force members were in attendance, and one called in on speaker phone.

The public process is off to a rocky start. 

Notice for the meeting was sent out at 2:20 p.m. on Monday afternoon only to those who were already on the port commission agenda email list. A press release, social media postings, and links on the Port's website announcing the initiative will be posted Wednesday, said staff.

“While I understand the short notice wasn't ideal, it still fell within the 24-hour notice required for public meetings,” Jennie Foglia-Jones, Port of Olympia communications manager, told Little Hollywood on Tuesday morning.

The port's website for Vision 2050 is www.portolympia2050.org and is expected to go live on Wednesday.

No port commissioners were in attendance, but acting executive director Rudy Rudolph was present throughout the meeting. One member of the public was present. 

Vision 2050 Purpose

The meeting agenda included an overview of port functions and financing by Eric Johnson, executive director of the Washington Public Ports Association.

“We are fundamentally about community control of important assets such as waterfronts, airports and industrial areas,” he said.

Throwing the doors wide open, Johnson said ports have a lot of flexibility in what they choose to do, adding that ports now have the authority to own and operate tourism facilities.

It was Marc Daily, executive director of Thurston Regional Planning Council, who asked about the elephant in the room – port acceptance of controversial cargo such as military cargo and ceramic proppants - and asked whether or not the port has a choice in what it decides to accept.

Johnson walked back his comments saying the port has to abide by certain laws such as the Federal Shipping Act of 1984 which states that terminal operators cannot unreasonably discriminate in the provision of terminal services.

Throughout the two hour meeting, task force representatives asked questions, obviously unclear about their role, what they were being asked to do, and why.

Staff responded that the project’s scope of work was approved by the commissioners. 

While the commissioners adopted its current strategic plan in 2017 and like it, they are open to feedback. Depending on the feedback, the commissioners may go back and revisit the plan, said Foglia-Jones.

“The primary responsibility of the task force is to ensure we design a comprehensive and inclusive engagement process, interpret community input accurately and translate those ideas into a vision and action plan that ensures the Port remains prepared, impactful and sustainable in the years ahead,” she said.

The task force is anticipated to meet approximately five times between June 2018 and August 2019 and will be responsible for presenting a recommended vision plan, with strategies and actions to the commissioners for consideration and adoption.

It is unclear when the group will meet again, but it may be several months or up to a year.

The consultant and his team will interview selected community members, conduct an online survey, offer presentations and forums, and use social media to collect public feedback.

Questions posed will include: 

When you think of the Port today, what's the first thing that comes to mind?

The Port funds operations through multiple business lines. What do you consider priority areas for future revenue growth?

Looking forward, what do you perceive as the Port's most significant barriers to success?

Over the longer term, where do you think the Port should focus direction and/or investment?

Public Involvement

With fifteen minutes to spare in the agenda, task force members were asked to review and endorse the consultant’s proposed public engagement plan.

Helen Wheatley of Olympia holds one of the four public-at-large positions but was unsure of her role and hesitated to endorse the process. She said more time is needed to ensure representational community engagement.

She wondered about the methodology for identifying stakeholders and expressed concern that the group wasn’t being asked to provide input into the study or the outreach methods.

“The actual request for proposals for this project says the Port of Olympia is seeking assistance in the development of a community vision for the Port of Olympia. It also says it would be in alignment with the update to the Port’s Strategic Plan,” she said.

Referring to a 2012 citizen survey conducted by the Port of Olympia, she wondered what the port plans to do with the information it gathers about community values and preferences if it is not in alignment with the port’s current strategic plan.

She is requesting that the public make suggestions about organizations that should be on the task force.

“Organizations that should really be on this committee list need to be alerted that this is happening,” she said.

Above: Helen Wheatley, in pink, provides feedback to Thurston Regional Planning Council staff during a meeting of the Port of Olympia Vision 2050 initiative.

Task Force Members

Travis Matheson, Task Force Chair, Vice-Chair, Port of Olympia Citizens Advisory Committee

Stephen Bramwell, WSU Extension/South Thurston Economic Development Initiative (STEDI)

Michael Cade, Thurston Economic Development Council

Jeff Choke, Nisqually Indian Tribe

Josh Cummings, Thurston County

Todd Cutts, Olympia Downtown Alliance

Marc Daily, Thurston Regional Planning Council

John Doan, City of Tumwater

Ann Freeman-Manzanares, Intercity Transit

Michael Grayum, City of Yelm

Brian Hardcastle, Tumwater School District

Brad Hooper, North Thurston School District

Teri Pablo, Yelm Community Schools

Ray Peters, Squaxin Island Tribe

Drew Phillips, Public-at-Large

Bryan Reilly, Olympia & Belmore Railroad

Chris Richardson, Confederated Tribes of the Chehalis Reservation

Rob Rose, International Longshore Workers Union Local #47

Rhys Roth, Center for Sustainable Infrastructure at The Evergreen State College

David Schaffert, Thurston Chamber of Commerce

Bill Sloane, Olympia Yacht Club

Keith Stahley, City of Olympia

Shanna Stevenson, Public-at-Large

Shauna Stewart, Experience Olympia & Beyond

Dr. Tim Stokes, South Puget Sound Community College

Rick Walk, City of Lacey

Helen Wheatley, Public-at-Large

For more information about Port of Olympia issues, go to Little Hollywood, https://www.janineslittlehollywood.blogspot.com and type in keywords. 

City May Take Olympia Wedding Venue Operator to Court

Above: The City of Olympia is pursuing the option of taking Olympia wedding and event venue operator Bart Zier to court to obtain an injunction that would prohibit his continued, unlawful commercial use of property in downtown Olympia. Tacoma Rail clearly uses the tracks in front of the venue along Deschutes Parkway. Photo taken November 4, 2015.

By Janine Gates

www.janineslittlehollywood.blogspot.com

The City of Olympia is actively pursuing the option of taking Olympia wedding and event venue operator Bart Zier to court to obtain an injunction that would prohibit his unlawful commercial use of property in downtown Olympia.

In a letter written in late October, city staff informed Zier and his mother, Donna Zier, who owns the properties at 915 and 1007 Deschutes Parkway, that they had violated the terms of the temporary permit issued to them so that they could carry out several August and September weddings.

The Zier's have continued to flagrantly violate federal and state laws and city codes and zoning ordinances in the course of operating their wedding and event venue, Grande Terrace on Capitol Lake, within a residential area.

In a telephone interview this week with City of Olympia attorney Mark Barber, Barber told Little Hollywood that no new fines have been imposed as a result of the most recent violations. The city has tried to work with Bart Zier on voluntary compliance, however, that is not working, and is now exploring the option of taking him to court.

Barber described how Zier has steadfastly refused to cooperate with the city, which included the options of voluntary compliance and dispute resolution without attorneys.

“….As you know, the city was trying to work with Mr. Zier to see if he could bring himself into compliance.  After his request for a conditional use permit went to the wayside, it put the city in a difficult position,” said Barber.

The “difficult position” was potential liability, and the city issued Zier a temporary use permit to hold the summer weddings that Zier was unwilling to cancel.

In 2014, Zier and his family actively marketed the property as a wedding venue, provided tours, signed contracts, and took large sums of money from families expecting to have their weddings there in 2015. Unbeknownst to the families, Zier did not have a permit to operate.

“These are not small events. They involve large groups of people…a physical facility, parking, food preparation, sanitary concerns, and public health issues. These become much different in a commercial setting. In addition, we have a number of unpermitted construction and archaeological issues.”

“The code violations don’t seem to be subsiding or resolving. By and large, this is a residential area, and the railroad hasn’t given up its tracks. It’s like pounding a square peg in a round hole. There’s not a lot of alternatives if someone is not going to play by the rules….”

The city will most likely make its decision by December 1, said Barber. He said the city is soliciting the assistance and support of the county, tribes, and other involved entities.

“If we could work with the others, that would be the best alternative. If we can’t, we’ll go it alone to seek an enforcement mechanism,” said Barber.

As of this writing, the venue is still marketing itself with an active website and Facebook page.

Above: This smart gentleman looked for a train before crossing the tracks with his date as they arrive for a wedding at Grande Terrace. Tacoma Rail actively uses the railroad tracks along Deschutes Parkway. During weddings and events, guests routinely park along Deschutes Parkway and the parking lot at Marathon Park, which is owned by the Washington State Department of Enterprise Services. At times, hundreds of guests cross the road to reach the venue. As parking nearest the driveway becomes scarce, guests walk from various access points along the railroad to reach the venue, as these guests did this summer. 

For more information, pictures, and stories about Grande Terrace, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

New Puget Sound Partnership Director Introduced

Above: Sheida Sahandy, the new executive director of the Puget Sound Partnership, and Governor Jay Inslee address the Partnership today in Olympia.

 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

Washington State Governor Jay Inslee introduced Sheida Sahandy, the new executive director of the Puget Sound Partnership, to the Partnership's Leadership Council today in Olympia.

The meeting was held in the General Administration Building on the Capitol Campus.

“We now have a leader…who has an incredible diversity of background,” Inslee said.

On January 7, Governor Jay Inslee announced his appointment of Sahandy as the new executive director for the Puget Sound Partnership, the agency formed by the state Legislature to lead the recovery of the Puget Sound. She starts with the Partnership on February 4.

According to a press release, Sahandy has worked for the City of Bellevue since 2006, where she has served as the assistant to the city manager and was responsible for creating Bellevue’s first city-wide environmental stewardship initiative.

Sahandy earned her Master of Public Administration from Harvard’s Kennedy School of Government where she concentrated her studies on climate, energy and environment. She earned a Juris Doctorate from Columbia University’s School of Law, and a Bachelor of Arts from the University of California at Berkeley, where she studied environmental design and the biological sciences.

Calling Sahandy the “perfect person for the job,” the Governor addressed the Council and laid out three main priorities for her and the Partnership:

“One, focus the organization on projects that will deliver…I think at times we’ve had a little too much butter spread around and not really focused on one particular part of the Sound...so we actually get a functioning habitat....I think this is worthy of consideration moving forward. Two, continue efforts to align our agencies…and three, obviously, continue public engagement….”

Sahandy said she was looking forward to the challenges ahead.

Having a conversation with Partnership Council members, Inslee admitted some of the challenges that have faced the Partnership.

“As we know, the Supreme Court decision says we need to put millions of dollars into the K – 12 system and I’m supportive of that effort but it’s really important…to say that we’re not going to finance the education of our children to learn about the biology of aquatic systems and then reduce the budget of this agency....It’s important for us to realize the connection....If we’re going to teach children about how sea stars and limpets work, we have to have an agency that makes sure there are sea stars and limpets in Puget Sound for students to enjoy….”

Inslee credited the state departments of Transportation, Commerce, and Agriculture for their carbon reduction programs and efforts.

“…Commerce is recruiting low carbon businesses…and Ag understands irrigation needs….China wants to buy our wine like crazy, but if we don’t have water from the snow pack (if it’s reduced, associated with carbon pollution) we’re not going to be able to sell wine because we won’t be able to grow grapes!”

After Council member Diana Gale mentioned the Partnership’s success of working with the Tribes, Inslee acknowledged that success, but continued to press his concerns.

“…My concern though… is every 20 yards of Puget Sound is precious, (but) we have a situation where we’ve been planting eelgrass, (then) hardening (the shore) 40 miles up the beach, then doing nutrient loading reduction 30 miles up the beach from there…we haven’t really put those pieces all together in one spot where we can actually get the whole habitat working….I think it’s a challenge for the Partnership to respond to that but I will back you if you decide to concentrate some resources to get one functioning habitat even if it means…we might not get something back right away.”

Partnership chair Martha Kongsgaard agreed, saying that backing will be very important. She acknowledged the challenges, saying they need to do a better job describing the Puget Sound's story.

Billy Frank, Jr. said that the Tribes stand with Inslee, ready to move.

“We have a lot of problems…the salmon can’t get through the Narrows Bridge before they die…same with Squaxin Island coho...there are no flounders anymore, the little critters are all gone….”

Inslee also praised the efforts of U.S. Senator Patty Murray, acknowledging her for preserving funds for Puget Sound.

Murray, a senior member of the Senate Appropriations Committee, announced in August that she included almost $30 million for Puget Sound cleanup and recovery efforts in the Fiscal Year 2014 Senate Interior, Environment, and Related Agencies Appropriations Bill.

Kongsgaard said Senator Murray told her personally that she has the Partnership’s back.

After Inslee’s remarks, the Council continued with its agenda for the day. They reviewed their 2013 ‘report cards’ on shellfish, stormwater, habitat nearshore and water resources issues, and heard recommendations on future approaches to these issues from staff with the state Departments of Health and Natural Resources, and Washington Sea Grant. The Council also heard board updates from the Partnership’s Science Panel and the Ecosystem Coordination Board.

The Leadership Council will meet again tomorrow to receive a 2014 State Legislative update and hear a panel discussion on vessel traffic safety, coal trains, and oil by rail transport.

Meanwhile, the Partnership has plenty of critics.

The Freedom Foundation, a conservative think-tank based in Olympia, issued a report last month calling for the abolishment of the Puget Sound Partnership. The Foundation says the Partnership is politically corrupt, squanders millions of dollars, and has failed to fulfill its responsibilities as a state agency. 

"Instead of spending money on environmental restoration, the Partnership has squandered millions on 'marketing' and 'branding' campaigns that do nothing to benefit the health of Puget Sound...and it's long past time the state's taxpayers pulled the plug."

About the Partnership

The Puget Sound Partnership, created in 2007, is a state agency focused on the recovery of Puget Sound. It is the latest incarnation of previous Puget Sound clean up efforts coordinated by the Puget Sound Water Quality Authority, later called the Puget Sound Action Team.

The Partnership coordinates the efforts of citizens, governments, tribes, scientists, businesses and nonprofits to set priorities, implement a regional recovery plan and ensure accountability for results.

The Leadership Council is currently composed of Steve Sakuma, Billy Frank, Jr., Ron Sims, Martha Kongsgaard, David Dicks, Diana Gale, and Dan O’Neal.

Marc Daily served as the Partnership’s interim executive director after the resignation of retired Col. Anthony Wright in early 2013.

For more information, go to www.psp.wa.gov.

For previous stories at Little Hollywood about the Puget Sound Partnership, go to www.janineslittlehollywood.blogspot.com and type key words into the search button.

 

Above: Governor Jay Inslee and incoming Partnership executive director Sheida Sahandy meet with the Puget Sound Partnership Leadership Council today.

Proposed Thurston County Geoduck Farming Applications Heard

Proposed Thurston County Geoduck Farming Applications Heard

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

Thurston County Hearing Examiner Sharon Rice heard lengthy applicant and public testimony on Monday by Taylor Shellfish Company, Arcadia Point Seafood, and concerned citizens about three proposed geoduck shellfish and manila clam production projects on Henderson Inlet. The hearing was held at the Thurston County Fairgrounds.

The hearing was significant because these are the first geoduck aquaculture applications recommended for approval by Thurston County since 2007.

The applicants have requested approval of a shoreline substantial development permit for intertidal commercial geoduck shellfish production. Two of the proposed projects are adjacent to each other, one property owned by the Theisen's, and one owned by the Lockhart's. The McClure property is about 1/4 of a mile away from the other properties.

Taylor is seeking to farm the shoreline of Lockhart, and Arcadia Point Seafood LTD is seeking to farm the Theisen and McClure properties.

Rice clarified the confusing interrelationships, saying in her opening remarks, "Normally, each case would be heard separately, but that would entail three tortuously redundant hearings." All documentation is shared by all applicants, with minor variances.

Mike Kain, planning manager for the Thurston County Resource Stewardship Department, presented the county's summary recommendation that all three applications be approved with conditions. In his verbal report, Kain said that "cumulative impacts are not significant."

However, cumulative impacts are exactly what many of those concerned with commercial shellfish farming believe is important. The applicants first proposed their projects in 2010 and have a long procedural history.

The parties involved in yesterday's hearing were there because, in January 2011, Thurston County hearing examiner Tom Bjorgen issued a summary judgement that states, in part, that the proposed geoduck operations are deemed a "development" under the Shoreline Master Act because they involve "construction of a structure." This judgement required a hearing on a substantial development permit for the proposed operation.

Taylor company attorneys and staff started the day's proceedings, taking nearly two hours to present its case, saying they were a fifth generation family owned company that employs 400 family wage earners. They also said the company has recently received a certified sustainable agriculture label from Food Alliance. Food Alliance is a Portland based nonprofit organization.

Armed with easels of photos, site maps, and foam board posters depicting geoduck culture, Taylor staff explained the process by which geoducks are planted, nurtured, and harvested.

Brian Phipps, Taylor's geoduck division manager, concluded his geoduck rearing lesson by telling Rice, "I'm out there everyday - it's nice that the science is catching up with what we knew all along."

Rice asked Phipps several clarifying questions including those about plastic debris left on the shoreline and asked how many tubes wash up on a normal weather day. He admitted that when they conducted their first Puget Sound wide garbage clean up day six years ago, they found 800 PVC pipes that weren't necessarily belonging to Taylor. The last clean up, which is now held biannually, garnered two tubes within a 125 mile area.

Diane Cooper, Taylor's head of regulatory affairs, presented a study and talking points using PowerPoint to affirm its belief that geoduck aquaculture is a no net loss industry.

"Although Henderson Inlet has had an up and down history with water quality issues, there have been, as a result of close monitoring, several upgrades that make the area ideal for commercial shellfish production." She stated that they are doing their part to fulfill Governor Gregoire's Washington Shellfish Initiative, which calls for clean water commerce, family wage jobs, and expanding and promoting the shellfish production industry.

Recent Case Law and Public Testimony

Commercial geoduck shellfish farming is a new industry, becoming prevalent in the mid 1990s. Project proposals, permit applications, hearings, and potentially precedent setting case law are being monitored daily by all involved on a local, national, and international level.

Local geoduck project opponents have worked for years with a plea for environmental balance. Numerous local shellfish growers were present and were equally passionate in their testimony in their belief that they are involved in an industry that gives back to the environment.

Susan Macomson, who lives on Nisqually Reach, and Laura Hendricks, chair of the Sierra Club -Marine Ecosystem Campaign for Washington State, both belong to several organizations that urge the protection of Puget Sound shorelines to preserve natural habitat. They were the only ones present who chose to testify against the proposals. Numerous written letters and emails recently sent to county staff were entered into the formal record.

Macomson said that she bought her waterfront home 11 years ago and her neighbors on either side of her have shellfish aquaculture farms on their properties.  She brought a bag of debris left on her property from the shellfish industry, and said she has witnessed first hand the devastation that the shellfish industry has had on her land. It was not clear if the debris involved the applicants.

The county staff report for the Henderson Inlet cases say that homeowners may ask for a reduction in their appraised value, which may imply these shellfish operations have an adverse impact on shoreline owners. Macomson said in her testimony that she will apply for this reduction.

In her testimony, Laura Hendricks said that the hearing examiner has the discretion to determine whether cumulative impacts were considered adequately, as done in a July 19, 2012 decision against Taylor by Thurston County hearing examiner Tom Bjorgen.

In that case, Taylor sought to expand its north Totten Inlet mussel raft operation there to 58 rafts anchored to the sea-floor, off-shore, covering an area leased from the Washington State Department of Natural Resources of 11.25 acres. Taylor lost that case based on their failure to adequately analyze three critical cumulative impacts the rafts may have on the marine environment: impacts of low dissolved oxygen on aquatic life and habitat; effect on the benthic (sea bottom water creatures) community; and the potential spreading of or genetic pollution by Gallo mussels.

Bjorgen's decision was recently upheld by the Thurston County commissioners in a letter to the Washington State Department of Ecology dated November 16, 2012. Quoting portions of the state Shoreline Management Act of 1971 and recent Shoreline Hearing Board case law, the commissioners also quoted Fladseth v. Mason County, SHB No. 05-026 (2007), stating that "consideration of potential cumulative effects and precedential effects is warranted in any case where there is proof of impacts that risk harm to habitat."

In the most recent Coalition to Protect Puget Sound Habitat v. Pierce Co. and Longbranch Shellfish, LLC, SHB No. 11-019 (2012), Taylor won but opponents scored some points - the shellfish industry can't do work during forage fish spawning season. The Longbranch case was mentioned up front by Taylor's attorney in his opening remarks, saying, "that case sets the stage...virtually every issue here was raised there."

Hendricks asked that the permits be denied on the basis that there was an inadequate analysis of cumulative impacts. The Washington State Department of Natural Resources has a pending lease for the publicly owned tidelands adjacent to the Lockhart/Theisen project, and she stated that such projects fragment the shorelines and create a piecemeal development. Hendricks said if cumulative impacts were not considered - as in the Totten Inlet mussel raft case - the examiner may ask for a cumulative impacts analysis.

Hendricks repeatedly questioned the shellfish industry's benefit to the public.

"If I were an animal listening to this testimony, I'd be scared to death, wondering who is representing me...nobody is talking about the protection and conservation of Puget Sound species for what it is...The permits do not address the mitigation of impacts...they purge the beach of native species....it's part of the process....PVC pipes don't go through shellfish, moon snails, (and) sand dollars, so you have to assume it's what it is: industrial agriculture. We're not just oyster farmers anymore, that's why people got along for five generations. Now we're talking about tubes, nets, canopy nets, harvesting, liquefying, boats, barges, and generators. You have to show mitigation of the impacts, and that hasn't been done...."

Hendricks also brought a "sustainable bag filled with the most unsustainable things I've ever seen...." and produced little bands that pull apart, zip ties, and other shellfish industry debris. "These come up on our beach...it's not safe for citizens, the public...."

She also asked where the public benefit is, if the industry does not pay export, sales, or excise taxes, saying that 90% of south Puget Sound geoducks are shipped out of state.

At the hearing, Hendricks admitted that she thought the hearing was about the legal reasons the applications are not consistent with the Thurston County Shoreline Master Plan and Shoreline Master Act, and did not bring science-related information with her to counter Taylor's testimony. Rice said she would hold the record open to allow Hendricks to offer that information. Hendricks did so, and provided studies relating to nitrogen and canopy netting. The record was closed Tuesday at the close of business.

Eloquent testimony by numerous local shellfish growers, some with current or former tribal affiliations, was heard in support of the applications. Most, if not all, of their testimony was based on personal experience in the industry. Many of them followed Macomson's and Hendricks' testimony and thus responded to their comments.

Don Gillies, a shellfish grower from Pacific County, said he was in support of the applications. He said he is a small family owned operation and is farming on the same beds his ancestors did, who homesteaded the land in Willapa Bay in 1865.  He sees the long-term benefits of shellfish growing. "Curiosity motivated my attendance today about what this whole process was about and what was going on. My 'what' questions have been answered, but my 'why' questions still need to be answered."

Susan Shotwell, shellfish farm manager for the Nisqually Tribe, testified that the Nisqually Tribe approves of the applications. She detailed her work history in the shellfish industry since she was 14 years old, which includes Taylor Shellfish Company and Arcadia Point Seafood owners Steve and Vicki Wilson.

Mark Schaffel, a shellfish farmer in Olympia, said in part that he is glad to be involved in an industry that doesn't use pesticides or fertilizers. He said he employs "a bunch of young people....I'm helping the economy pretty well, and pay taxes related to pipes, fuel, boats, and payroll taxes...and with all the I-Pads and computers we buy, it's kind of nice to sell something back to China...."

Rice will issue three separate application decisions. At the end of the hearing, there was a collective sigh of relief and laughter from those present as Rice worked out the particulars of what happens next.

"...I really don't know much about shell fishing - farming - this will all be new information to me. I don't want to be quick about it. One of my favorite things about my job is that I get to be a mini-expert but this is a lot of expertise!" said Rice. Taylor attorneys encouraged Rice to take all the time she needed, especially given the upcoming holidays.

"I've never had an applicant ask me to take more time - I'm excited to know more about the issue...." she added. A decision date by January 10, 2013 was agreed upon as acceptable by all parties.

Hearing Examiner Sharon Rice is a principal at the Offices of Sharon Rice Hearing Examiner PLL, president of the Hearing Examiner Association of Washington, and a partner at Toweill Rice LLC. She holds a BA in environmental policy and political economy from The Evergreen State College and received her law degree from the University of Washington School of Law.

For more information, including pictures of existing and proposed farms, go to Protect Our Shoreline at www.ProtectOurShoreline.org, the Association for the Protection of Hammersley, Eld, and Totten Inlets at www.APHETI.com or the Sierra Club at www.sierraclub.org.

Project applications and Thurston County staff reports: http://www.co.thurston.wa.us/permitting/hearing/agenda-staff-report/shellfish-hearing/record.html

The Taylor-Totten Inlet mussel raft expansion case can be found at www.co.thurston.wa.us/permitting/devactivity/totten/totten-hearing.html

For more articles written by Janine Gates Unsoeld about the geoduck industry, use the search button at www.janineslittlehollywood.blogspot.com