Approved and Appealed: Thurston County’s Oak Tree Land Use Case

 

Above: Liz Lyman, center, looks at the maps of the proposed Oak Tree Preserve development before the hearing held at the Thurston County fairgrounds on March 23, 2015.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The proposed development called the Oak Tree Preserve was approved on April 24 by Thurston County Hearing Examiner Sharon Rice, and that decision was appealed by concerned citizens by the deadline, May 8.

Several citizens living near the property stepped up to appeal the decision, including Liz Lyman, who is now acting as the official spokesperson for the appeal.

Contacted this weekend by Little Hollywood, Lyman says she appreciates all the efforts of concerned neighbors and community members to save a 258.5 acre wooded area in Lacey’s urban growth area of Thurston County.

Other appellants are Liz Kohlenberg, Robert Self, Bonnie Self, the Black Hills Audubon Society, William Koopman and Felicia “Lisa” Carroll.

Oak Tree Preserve, LLC is seeking to develop the property into 1,037 small, single family residential units. The project is proposed to be developed in Thurston County’s largest stand of Oregon White Oaks - just over 79 acres. It is also home to a wide range of birds, animals and plants.

The Washington State Department of Fish and Wildlife designates the Oregon White Oak as priority habitat. If this development is ultimately approved as it is currently proposed, 36 acres of that priority habitat  - 45 percent - will be destroyed to build houses and infrastructure.

The remaining oak stand will be fragmented. The developer proposes to build one of the two main connector roads through the remaining oak stand. That road will be the only road from the site to Marvin Road for the first two phases of the development, significantly impacting the habitat.

The area in the unincorporated area of Lacey on Marvin Road is bordered by the Burlington Northern Railroad and the McAllister Park and Evergreen Estates subdivisions.

Few neighbors were notified of the proposed development. Those who were took to the streets, informed others, and created an online petition against the development that garnered nearly 300 supporters in about four days.

Carroll and Koopman have also created a Facebook page, Facebook.com/pages/Save The Thurston Oaks. Both are fresh Thurston County environmental activist voices, and learning the process as they go along.

After the hearing examiner’s decision but before she decided to become an appellant, Carroll said she and the neighbors of her Evergreen Estates subdivision were saddened, but then felt empowered to do more.

“The fact is, Evergreen Estates will bear the brunt of it - we only have 27th Avenue as our main road and there are going to be 300 homes added at the end of 27th....The size of this project makes it all that more unfortunate that 20th century standards were applied to a 21st century world.  We must do better.  And it looks like it’s up to us citizens of Thurston County to make that change.”

Koopman agreed, lamenting a wide range of environmental concerns:

 “…The effects of the new development on the communities and homes bordering Marvin…cannot be underestimated….The entire area drains into the Nisqually Watershed, by way of McAllister Springs, McAllister Creek and thus the Puget Sound. The additional pollutants - herbicides, pesticides, plastics, storm water runoffs - will undoubtedly further impact the health of the watershed, Puget Sound, the shellfish, and of course, the salmon.

“There is also the issue of oil train-traffic, which is growing exponentially in this area. This new development is bordered by the railroad. All of the homes located therein are in an area considered by the U.S. Department of Transportation as a potential evacuation or impact zone in case of an oil train derailment and/or explosion. If coal trains start their travels through the county as well, what of our air-quality, especially of those developments bordering the tracks?

“There are indeed a host of further items of interest….Amazingly, all of this has been approved without an Environmental Impact Statement (EIS) having been performed. Through a series of Mitigated Determination of Non-Significance (MDNS) the EIS has been out-maneuvered and rendered mute. The EIS is the people’s voice of safe, responsible and sustainable environmental practices that assure all Thurston County residents of an accountable, transparent mode of responsible stewardship of our County’s land use and the safety of our population through enforcements concerning proposed land use developments, clean water and clean air. I believe our county residents require more from the Thurston County Resource Stewardship Department than a rubberstamp of approval on such a highly contentious development project,” said Koopman.

Liz Lyman, who lives in The Seasons subdivision, served on the Thurston County Planning Commission from 1999 to 2007, including two years as chair and two years as vice chair. She also has experience with land use planning for protecting wildlife habitats and nearshore water quality in Puget Sound's urbanized areas.

“I've only met Lisa and Bill once, but they seem deeply and genuinely committed to protecting habitat for wildlife -- birds in particular. I applaud them for all of their efforts. It's truly heartening to meet people like them,” said Lyman.

Appeal Claims

The funds contributed for the appeal filing were from homeowners in Evergreen Estates, The Seasons, and the Black Hills Audubon Society.

In the appeal, appellant’s claim that the hearing examiner’s decision erred by not requiring avoidance of removing oak trees as the primary method of protecting the oak woodlands as required by Thurston County regulations.

They also say she erred by not using “best available science” to evaluate the Oregon White Oak woodland, determine if any of the acreage can be removed without causing irreparable harm to the habitat, and determine the mitigation strategy for the oak that must be removed.

Petitioners are requesting the collection of a more robust record on avoidance and best available science, and a new hearing examiner review after that record is created.   

They also request that the new record include testimony from the Washington Department of Fish and Wildlife, the state agency charged with protecting priority habitat including oak woodlands, and several other topics.

Next Steps

Lyman says she continues to turn away people who want to contribute to the nearly $900 it took to appeal the land use decision in Thurston County.

“I have spoken with homeowners in The Seasons and Eagle Crest, which is a neighboring subdivision….Many homeowners are simply incredulous about the hearing examiner's decision on the Oak Tree Preserve preliminary plat. The issues they're concerned about may vary, but the common thread is that they're very unhappy….and are feeling let down by the county. The board of The Seasons considered appealing, but decided against it because the odds of prevailing are not in its favor and it's entrusted with the homeowners' funds. The Seasons' board was wonderful, though, in getting the word out to our homeowners through the association's own website,” she said. There are 215 homes in The Seasons.

“We have many avid birders who are keenly interested in the outcome of this appeal. Many of us have worked hard to create a bird-friendly environment, something that will be impacted rather dramatically and negatively if the Oak Tree Preserve development proceeds….The destruction of the Oregon White Oak habitat will be devastating to the bird population,” said Lyman.

As for the appeal, the next step is to wait for the county to post the documents filed on May 8 on its website, which should occur early next week. Then, the developer has 14 days to file their response to the appeal as well as to others that may have been filed. Then, the appellants have seven days to file their responses or rebuttals.

The County Commissioners have 60 days to make their decision from the date an appeal is posted. A decision on the case could be made before mid-July.

For three previous articles on the Oak Tree Preserve case, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and use the search button using key words.

Thurston County’s Hearing Examiner Decision: http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/otp.html

Washington Department of Fish and Wildlife Comments: http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/C26-WDFW-OTP-Plat-Hearing-comments-3_21_15.pdf

Thurston County's Oregon White Oak Preserve: Take A Walk on the Wild Side

 

Above: Lacey residents Ruth Smith and Felicia Carroll witnessed this owl on November 11, 2013, about 300 feet into the woods from 27^th Avenue SE. “We spotted the owl near the end of our walk. Ruth went home to get her camera and went back to take the picture!” said Carroll. Photo Courtesy of Ruth Smith.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

Oak Tree Preserve LLC of Bellevue proposes to subdivide 258.5 acres of land in unincorporated Lacey into 1,037 single-family residential lots.

For many, the potential loss of Thurston County’s largest remaining stand of Oregon White Oak, just over 76 acres, and 177 total acres of wooded area, home to a wide range of animals and plants, would be a devastating environmental legacy.

Notification about the development's March 24 public hearing was sent out on March 9. Hundreds of homeowners in subdivisions who live along the site’s perimeter on Marvin Road, 19th Avenue SE, 27th Avenue SE, and Priority Street SE were not notified because they live outside of the required notification area of 300 feet, which is roughly the length of a football field.

Prior to the public even being informed of renewed activity by the applicant, an environmental Mitigated Determination of Non Significance was issued by the county in December, 2014.

On March 4, county hearing examiner Sharon Rice threw out the nearby McAllister Park Homeowners Association State Environmental Policy Act (SEPA) appeal on stormwater and oak habitat issues saying it “lacked standing.”

On March 23, the Association dropped another SEPA appeal saying that stopping the Oak Tree Preserve development appeared virtually impossible to fight considering the cost to the association and the risks involved. In exchange, Association president Mark Quinn got assurances from the developer that traffic calming measures would be put in place in McAllister Park.

Above: The proposed Oak Tree Preserve LLC development in Lacey is noticed (yellow sign) at the end of 27^th Avenue SE. Due to the rolling topography, neighbors have a hard time visualizing how thousands of drivers will use the current streets and intersections.

Oregon White Oak Habitat

According to the application, 177.2 acres of trees, out of the 258.5 acres, will be cut. The proposed “mitigation” calls for the planting of one tree for every 4,000 square feet of lot.

The largest Oregon White Oak stand is 64.6 acres but also extends onto adjoining properties. Forty-five percent of the Oregon White Oak, considered by the applicant to be “degraded,” will be destroyed.

Theresa Nation, habitat biologist for the Washington State Department of Fish and Wildlife, gave strong testimony about the Oregon White Oak grove at the preliminary plat hearing on March 24. Her written testimony comprises seven pages.

In the county’s response, its attorney rebuked Nation for her strong words, saying that “very seldom are we this far apart…” and criticized her for judging the project and the Habitat Management Plan (HMP) under the new county Critical Areas Ordinance (CAO). She was cross examined at length by the applicant.

In part, Nation stated:

“…Significant and avoidable impacts to Oregon white oak habitat have not been addressed. We respectfully recommend that the Office of the Hearing Examiner reject the habitat management plan….”

“Oregon white oak is the only oak species native to Washington. Some individuals of this slow-growing species may live for up to 500 years. Trees typically do not begin producing acorns until they are about 20 years old. Mature oak woodlands are virtually impossible to replace once they are gone. Oak woodlands provide a distinct ecosystem that contributes to wildlife diversity statewide. They are used by more than 200 species of birds, mammals, reptiles, and amphibians. The woodlands provide feeding, breeding, resting and sheltering habitat. Many invertebrates...are found exclusively in association with this oak species. Oak habitat in Washington may play a critical role in the conservation of neotropical migrant birds that migrate through or nest in Oregon white oaks.

“The Oak Tree Preserve project as proposed would result in the permanent destruction of 35.6 acres of oak woodlands. This includes the total loss of two distinct habitat areas. The 64.6-acre stand would be reduced by more than a third (24.0 acres). It would become a divided 38.3-acre preserve area and a disconnected 2-acre park. The outright loss of more than 35 acres of Oregon white oak woodland is by far the primary impact to this critical area. It is an impact of enormous proportions not only for the site, but for all oak woodland habitat in Thurston County. The HMP fails to address the gross impacts of the loss.

“The preserve area would be further degraded by the construction of the main collector road directly through it. Road-related impacts include but may not be limited to direct wildlife mortality and an increase in adverse edge effects. Over time, some oaks along the roadway are likely to be declared hazard trees and subsequently removed. This is a particularly problematic occurrence in oaks because snags and dead portions of live oaks provide important habitat for invertebrates and birds.”

The HMP offers a conceptual plan for compensatory mitigation activities. We find that the plan falls egregiously short of the mitigation needs for this project. The primary focus of the plan is to apply enhancement actions to the retained woodlands. Enhancement activities, even if successful, will not compensate for the permanent loss of almost 36 acres of habitat. The entire coverage of the woodlands carries a high value even in its somewhat degraded state. Indeed, attempting mitigation for the proposed level of impact would be extraordinarily complicated, time-consuming and expensive, with an uncertain outcome at best. WDFW experts familiar with this case are in agreement that it is likely impossible....”

Above: These spectacular Oregon White Oak trees on Oak Tree Preserve LLC's land in Thurston County are in danger of being destroyed. 

Take A Walk on the Wild Side

 

Ruth Smith, a retired nurse, and Felicia Carroll, a state worker, live near the proposed development and attended the plat hearing last week but, caught unprepared and uncertain of what to say, did not provide oral testimony. They are long time friends and with many other neighbors, walk the acreage, which contains many well-worn trails, and appreciate its beauty on a near daily basis. 
 

Through the years, they have witnessed owls, coyote, pileated woodpecker, bear, deer, fox, snakes, newts and more. They’ve identified a wide range of flora and fauna, learning their names and have learned when to expect the first blossoms and critters.

During a walk through the woodlands on Saturday, they stepped over a wandering newt, excitedly pointed out new buds, and lamented the tenacity of Scot’s Broom, a noxious weed. They also expressed disappointment that the Oak Tree Preserve LLC habitat wildlife biologist, Curtis Wambach, only came to the property three times to make his formal observations, devoting just one day each on prairie plants, the Western Gray Squirrel, and the Mazama Gopher.

As he testified at the March 24 plat hearing, Wambach said he only observed facilitative species on the property, meaning species that would occur on the site, developed or not.  

One day last spring, Carroll says she encountered the biologist on the trail who warned her that he had seen a big cat, perhaps a cougar or mountain lion, up ahead laying on a tree branch, looking down at him.
 

Carroll, who attended the hearing, said she was waiting to hear Wambach mention this sighting in his report to the hearing examiner, but he did not.
 

Above: Ruth Smith, left, and Felicia Carroll look at a shrub of Red-flowering Currant, or Ribes sanguineum, one of South Puget Sound's most prized native species and a magnet for the returning Rufous Hummingbird and other pollinators, which were in abundance on the Oak Tree Preserve property on Saturday. Neighbors of the area appreciate the acres of natural habitat.

After our walk through the woodlands, neighbor William Koopman, who also attended the hearing, said:

“It is critically unfortunate that the largest housing development to be built in Thurston County is slated to consume one its last and largest forests....The loss of this habitat is irrevocable. Once it is gone, it will be gone forever. Surely, these trees are worth saving.”

Carroll agreed, and said she heard a number of people at the hearing mention that the goal is to achieve a balance. 

“Given the amount of development in our general area in recent years and the amount of forest we have already lost due to development, in my eyes, we would best achieve balance by leaving what's left of the forest as is. I am hoping for a Hail Mary pass - I would love it if we could develop a coalition of private citizens, various levels of government, and a few nonprofit groups to band together to offer to buy the property from the owner.  The woods are well loved by a number of people in the various developments nearby. Maybe offer a tax credit or find some other ways of making it palatable for the owner.  I'm hoping for a miracle.  Losing that forest and all of its inhabitants would be like losing a dear friend,” Carroll said.

Mobilized to act by what they heard at the hearing, and given the extended deadline for written public comment, Smith and Carroll and several other neighbors have started a petition at http://tinyurl.com/thurston-oak which will be submitted to the hearing examiner as public comment. The image used to illustrate the petition is a White Fawn Lily, Erythronium oregonum, located on Oak Tree Preserve LLC property.

Public comment for the proposed development was extended until 4:00 p.m., Friday, April 3.  Written comment may be sent to Cami Petersen, Land Use Clerk, Resource Stewardship Department, Thurston County Office of the Hearing Examiner, 2000 Lakeridge Drive SW, Building One, Second Floor, Olympia, WA 98502. Refer to Case: #2009103087.

For more information about the proposed Oak Tree Preserve development and hearing materials from March 24, go to http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/otp.html or contact Cami Petersen at peterscs@co.thurston.wa.us or (360) 754-2933.

A previous article about the Oak Tree Preserve development is dated March 24, 2015 is at Little Hollywood, www.janineslittlehollywood.blogspot.com.

Above: Close-up of Red-flowering Current

25th Nisqually Watershed Festival

Above: Cate Bellanca staffed a community information table for the Olympia Coalition for Ecosystem Preservation at the Nisqually Watershed Festival today.

 

Bellanca said she joined the three month old organization to help save the Great Blue Heron rookery endangered by a proposed development in her northwest Olympia neighborhood, and said she recently spent five hours gathering signatures on a petition to help save the rookery. For more information, go to www.olyecosystems.org.

 

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

Starting as a glacier on Mt. Rainier, the Nisqually River flows 78 miles down the Nisqually River valley to meet Puget Sound. The freshwater of the Nisqually River mixes with the saltwater of Puget Sound and creates one of Washington’s largest undisturbed estuaries. The word “Nisqually” means “river of grasses,” or “flowing grasses.”

 

Located eight miles east of Olympia, this area, a former dairy farm and traditional land of the Nisqually Indian tribe, is now a spectacular national wildlife refuge. Every visit is different and provides rich learning opportunities and experiences.

 

A place of tranquility, September and October is an exciting time at Nisqually. Migrating waterfowl and wintering songbirds arrive. The entire food chain can be witnessed as peregrine falcons and American kestrels will also arrive, and feed on wintering birds. Bald eagles will hunt waterfowl flocks. Identifying species, watching behaviors and camouflaged activities, hearing songs and calls, and witnessing territorial movements is truly a treat.

 

Now in its 25th year, the Nisqually Watershed Festival today featured plenty of educational, hands-on activities, music, and of course, the opportunity to appreciate the history and environmental beauty of the Nisqually watershed. Today is also National Estuaries Day, established in 1988 as part of Coast Weeks.

 

Several hundred people parked at nearby River Ridge High School to take school bus shuttles to the festival.

 

Above: At the festival, Finn the Fish never disappoints, welcoming children small enough to explore the wonders featured inside. 

 

Above: A mother and son created a beaded salmon life cycle keychain. Each bead represents a part of the cycle: the first bead, a red bead, represents a redd, a salmon nest where salmon lay their eggs.

 

Above: The Nisqually National Wildlife Refuge. One always comes home refreshed, flowing in mind and spirit. 

 

 For more information, go to www.fws.gov/nisqually