G.R.I.T.
(Governmental Responsibility, Integrity and Truth)
33520 – 116th Street SE, Sultan, WA 98294 t
360-793-6683 (ph)t
360-793-7389 (fax)
www.ittakesgrit.org
January 22, 2001
Mr. Doug Sutherland
Washington State Land Commissioner
P. O. Box 47014
Olympia, WA 98504-7014
Re: DNR's "Powerhouse" Site, DNR Project No. 32-072628
CSR Assumed Successful Bidder for Auction Scheduled 3/19/00
Subject: Flawed MDNS Dated November 16, 2000 Issued by DNR
Dear Commissioner Sutherland:
We are requesting that an EIS be performed by the Department of Natural Resources on this project, or at the least, a reissuance of the MDNS issued 11/16/00 by Terry Kirkpatrick.
Here is a quote from Mr. Bruce Barnbaum, leader of Granite Falls' fight to keep CSR's gravel operation out of their community, which I believe sums up much of how our outraged citizens and taxpayers are feeling right now:
The possibility that all of this degradation of land has been done "legally" is a testament to the weakness of environmental laws…. Permitting this project, and allowing 80 million tons of land to be carted away, would be the final plunge of unenlightened stewardship.
Mr. Barnbaum and the other citizens of Granite Falls will now be required to pay $10 million for a road bypassing their city, due to the devastating effects of CSR's gravel trucks.
The DNR sent jurisdictional notice to impacted government agencies and a MDNS 11/16/00, and on 12/5/00 the DNR Board approved an auction for the sale of $38 million in resources (sand, gravel, rock) on the site, which is located 1.5 miles north of the city of Sultan. Residents have only recently learned of this impending catastrophic circumstance which, if implemented, would eradicate our quality of life, changing forever our human landscape. I am sure you have received enough communication on this subject by now to be familiar with its various components. This news comes during a turbulent time in our small town's history, as we struggle to maintain our rurality and quality of life which we believe is integral in developing solid family values in our children.
REQUEST FOR REISSUANCE OF MDNS
We request that the MDNS be reissued, at the least, for the following reasons:
Inadequate and Flawed Research Data Used in MDNS Determination
We have reviewed several documents (enumerated below) which were used, at least in significant part, for this determination. We have solid reason to believe these studies are unworthy of performing any objective conclusions with regard to significant adverse impacts. One primary reason of concern is that most of these documents are, at the least, three years old. Also, there is missing data and information from this "determination," two key factors which will impact our environment significantly: The fact that it will disrupt, possibly destroy, ESA-protected salmon-bearing habitat, and secondly that there is no mention whatsoever of U. S. Highway 2 as the eventual, and only, egress point for gravel trucks, which will travel westward through Sultan and Monroe and beyond. These points are elucidated in greater detail further in this letter.
Insufficient and Improper Jurisdictional Notice:
The list of agencies receiving the MDNS was incomplete and improperly addressed.
The Snohomish County PUD and the Washington State Department of Transportation were not included as recipients. PUD received a copy of this MDNS from the Tulalip Tribes December 5th. To our knowledge, WSDOT has not yet received official notice. PUD owns the roadway and easements on this land, and WSDOT is an impacted agency since it is responsible for Route 2, a major east-west U.S. highway. Other agencies listed as recipients were addressed in an improper manner, in a way that would delay delivery to the proper individual; i.e., no names or departments for large entities. Examples are: "Puget Sound Air Pollution Control Agency," "City Official, City of Sultan," and "Snohomish County Planning Department." I am attaching a copy of the distribution list for your easy reference.Improper Time Period for Agency Comment
According to the person (Hongyan Liu) charged with copying and making ready the MDNS for distribution, she is "pretty sure" she placed them in her outbox for mail pick-up on the afternoon of Thursday, 11/16/00. According to your mailroom manager, Sherri, if they had been placed in the outbox before 2:30, they would have gone to your bulk mail service, CMS, and probably posted that evening, with arrival at their destination possibly by Monday, November 19th. However, a letter arriving at an agency the size of the Puget Sound Pollution Control Authority (which is now known as "Puget Sound Clean Air Agency"), which has hundreds of employees, and the Snohomish County Planning Department, which as 235, would undoubtedly be delayed getting to the hands of the appropriate individual. Since that was a holiday week (Thanksgiving), we believe only 13 days' notice was given to recipients as a timeframe to respond appropriately, at best. Additionally, since most government agencies and commercial businesses take the day after Thanksgiving as a day off, this cuts the comment period to 12 days, or a meager 7 business days, at the most.
Given the facts of poorly addressed notices, the short time period allowed for the response, and that this is a major project that impacts endangered species and a major federal highway (U. S. Highway 2), requiring careful and detailed review,
we do not believe this was sufficient time for examination and comment.Non-existent, Almost Covert, Public Notification
While the letter of the law may have been satisfied in the implementation of this MDNS, the intent of the laws governing public input, were not.
Indeed, there seems to be a question as to how, of if, the public was notified at all. Mr. Isdell of the DNR Northwest Regional Office states that an 8.5x11-inch sheet of paper was posted "somewhere inside" of the often-locked gates of the DNR property on a nearby tree. He also states that he posted a notice at the "intersection" of Sultan Basin Road and Haywire Ridge Road. Unfortunately, no one has any idea where this might be. Haywire Ridge Road does not exist, so far as we can determine.
Mr. Isdell has also stated that the public was informed of this impending operation through a "Basin Landscaping Scoping" meeting held July 27, 2000 (this was actually an open house format, with various tables situated around the room). Few people in Sultan knew about this meeting, and the only way the seven residents who attended it would have been told about this gravel operation is if they had asked or happened upon the correct table as they walked around the room. (A formal Public Information request for this seven-person log-in sheet has been made, because Ms. Chavier has indicated this is not public information.) Mr. Bob Suda of the DNR Business Systems Support Division, however, stated in a personal conversation with Loretta Storm on January 2, 2001 that this landscaping scoping meeting had nothing to do with the Powerhouse gravel sale. In any event, this notice was not posted by the City of Sultan at the Sultan Post Office until four days after the event took place. The seven citizens attending the meeting were alerted since they were on DNR's public mailing list.
We have canvassed the neighbors bordering the DNR land (and other abutting property owners), and they neither saw any posted notice, nor have they received any notice by mail.
If a public hearing is required for an exchange of DNR land (RCW 79.08.015), how much moreso should public input be solicited for having a gravel operation as a neighbor?
A Question of Appraisal
Regarding RCW 79.01.116, Date of sale limited by time of appraisal, I do not believe this has occurred. This statute requires that the Commissioner appraise any public land and materials thereon be appraised within 90 days prior to the date fixed for the sale, which in this instance is March 19th.
Bewilderment of Appeal Process
While RCW 79.01.500, Court review of actions, offers a process whereby aggrieved individuals may appeal a DNR action through the superior court in which the property is located, it presumes knowledge of the action. In the case of the two jurisdictional agencies who are perhaps most affected by the DNR Board resolution of December 5th --WSDOT and Snohomish PUD -- and most especially residents living in and around Sultan whose lives and property values will change forever, this statute is bewildering. It implies that silence is consent when the true concept is one of power in a vacuum.
Additionally, of course, the residents most affected by this action can little afford extensive and expensive court battles in a superior court.
OBJECTIONS TO MDNS
We have obtained and reviewed the MDNS issued by DNR on November 16, 2000, the CSR studies referred to in item A.8. of the MDNS, several RCW's impacting this situation, and Vol. II and IV of the Final SEIS for the CSR facility in Granite Falls dated May, 1998, in an effort to become conversant with the subject, and feel the issuance of an MDNS is highly inappropriate and an affront to the SEPA process for the following reasons.
Faulty Logic
The issuance of an MDNS for the lease/auction portion of this project is preposterous, based on faulty logic. It is a Catch-22. How can the proposal not have any significant impacts to the environment when it will result in the deforestation and total degradation of 600 acres of land immediately within, and nearby, endangered species habitat, and wreak havoc on an already-overloaded major U.S. highway?
Saying that holding an auction to sell trees, gravel and resources to the highest bidder will not result in any impact is like saying that a full-term pregnant woman will not have a baby. In other words, the initiating action causes the result, not the other way around.
According to the MDNS:
"The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c)."
RCW 43.21C.030(2)(c) sets forth guidelines on how to make, and things to consider in making, a detailed statement by the responsible official [DNR] on adverse environmental impacts from a project, especially related to the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitment of resources which would be involved in the proposed action should it be implemented.
Severe environmental impacts, among many, are that the gravel operations will be within 400 feet of the Sultan River, with activity in the Winter's Creek headwaters area, both of which are salmon-bearing/salmon-spawning entities.
The new listings of Fall Chinook salmon and Bull Trout on the Endangered Species list were not listed on the MDNS. Another grave concern are the precipitously critical slopes at the proposed blasting site as well as along the Sultan River canyon.U. S. Highway 2, which was not even mentioned on the MDNS, is of vital concern as well. In the May, 1998 Final SEIS for CSR Granite Falls' site, Mr. James MacIsaac, P.E.,
states that eventual truck merging onto this major highway will present a significant unavoidable Adverse Impact, without a widening project. While this four-lane is indicated in their Financially Constrained 20-Year Plan, it will not occur anytime in the near future, a fact not mentioned in the MDNS.Additionally, 700 trucks through Monroe without a bypass will bring traffic to a crawl, with a LOS E or worse, and that project is at as much of a standstill as will be the traffic through that city if this project is approved.
According to the MDNS,
"This decision [That there would be no impact] was made after review of a completed environmental checklist and other information on file with the lead agency"The research materials sent to us by Mr. Bob Suda, which were used – at least in part – for research in authoring this MDNS, are all well over three years old. Many things have changed since then, chief among them the ESA issues. The U.S. Route 2 issue presented a significant "road block" three years ago. How much greater now is the problem due to extraordinary growth, both east and west of, and within Sultan itself, on that major east-west highway, one of only two in the state that are opened year-round?
REQUEST TO INITIATE AN ENVIRONMENTAL IMPACT STATEMENT (EIS)
We urge that the MDNS be rescinded, and that an EIS be performed instead, prior to further vesting. This should occur certainly prior to any auction.
Indeed, since Snohomish County has no mineral rights plan completed (per Gretchen Nicolas, DNR), they do not have the process in place by which they can competently review this proposal.Ideally, we would like to see an exchange occur between the State Park or Forest Service for this land, in order to preserve this pristine area for recreational purposes, of which there are few in this area, and dwindling quickly.
We anxiously await your response to our request..
Sincerely,
Raymond J. Kistenmacher Loretta L. Storm
Co-founder, G.R.I.T. Co-Founder, G.R.I.T.
Attachments:
AGENCIES & INDIVIDUALS COPIEd ON G.R.I.T.'s January 22, 2001 Letter to Land Commissioner
Doug Sutherland Re "Powerhouse" site in sultan
U. S. GOVERNMENT AGENCIES:
National Oceanographic and Atmospheric Administration
1315 East-West Highway SSMC3
Silver Spring , MD 20910
Donna Darm, Acting Regional Administrator
National Marine Fisheries Service
7600 Sand Point Way NE
Seattle, WA 98115-0070
(206) 526-6150
Dr. Jeffrey P. Koenings, Director
Washington State Department of Fish & Wildlife
600 Capitol Way North
Olympia, WA 98501-1091
Bob Everett, Regional Director
U. S. Department of Fish & Wildlife
16018 Mill Creek Boulevard
Mill Creek, WA 98012-1296
425-883-8122
Earl Dorman, Habitat Biologist
U. S. Dept. of Fish & Wildlife
16018 Mill Creek Boulevard
Mill Creek, WA 98012-1296
William Vogel
U. S. Fish & Wildlife
HCP I90 Cascades
510 Desmond Drive SE #102
Lacey, WA 98503
Dennis McClarran, Air Pollution Control Officer
Puget Sound Clean Air Agency
(Formerly: Puget Sound Air Pollution Control Authority)
110 Union Street, Suite 500
Seattle, WA 98101
Tom Hudson
Puget Sound Clean Air Agency
110 Union Street, Suite 500
Seattle, WA 98101
206-689-4025
Steve Ladino
National Marine Fisheries Service
510 Desmond Drive, Suite 103
Lacey, WA 98503
STATE OF WASHINGTON AGENCIES:
Governor Gary Locke
Office of the Governor
PO Box 40002
Olympia, WA 98504-0002
(360) 902-4111 phone
(360) 753-4110 fax
Department Of Natural Resources (Dnr):
1111 Washington Street/P. O. Box 47014
Olympia, WA 98504-7014
DNR Board of Directors:
Main Number: 360-902-1000
Gretchen Nicolas, Director
Business System Support Division
Department of Natural Resources
360-902-1283
Bob Suda
Business System Support Division
360-902-1642
Jim Schwartz, Attorney for DNR
State Attorney General's Office
P. O. Box 40100
Olympia, WA 98504-0100
Mr. Steve Miller, Project Engineer, Snohomish
WSDOT NW Region
P. O. Box 330310
Seattle, WA 98133
206-440-4676
Rick Mitchell, Engineering Manager, Snohomish
WSDOT NW Region
P, O. Box 330310
Seattle, WA 98133
206-440-4674
Mr. Tom Fitzsimmons, Director
Washington State Department of Ecology
P. O. Box 47600
Olympia, WA 98504-7600
Ray Hellwig, Director
NW Regional Office
Washington State Department of Ecology
3190 – 160th Avenue SE
Bellevue, WA 98008-5452
Jeannie Summerhays, Section Head
Northwest Regions, Shorelands
Washington State Dept. of Ecology
3190 – 160th Avenue SE
Bellevue, WA 98008-5452
425-649-7096
Joan Velikanje, Shorelands
SEA (Shoreline Environ. Assistance)
NW Regional Office
State Department of Ecology
3190 – 160th Avenue SE
Bellevue, WA 98008-5452
425-649-4253
Keith Wyman
Skagit System Cooperative
955 Moorage Way
P. O. Box 368
LaConner, WA 98257-0368
SNOHOMISH COUNTY AGENCIES:
Bob Drewel, County Executive
3000 Rockefeller Avenue
Everett, WA 98201
Councilman Dave Somers
Chair, Snohomish County Council
3000 Rockefeller Avenue, 6th Fl.
Everett, WA 98201
425-388-3494
Susan Scanlan, Principle Planner
Snohomish County Planning & Development
3000 Rockefeller Avenue
Everett, WA 98201
425-388-3311, Ext. 2273
Dr. Ward Hines, Health Officer
Snohomish County Department of Health
3020 Rucker Avenue, Suite 300
Everett, WA 98201
425-339-5210, ext. 4080
TULALIP TRIBE
Ann Savory
Tulalip Indian Fisheries
7615 Totem Beach Road
Marysville, WA 98271
360-651-4486
asavory@tulalip.nsn.us
Daryl Williams
Tulalip Indian Fisheries
7615 Totem Beach Road
Marysville, WA 98271
360-651-4476
dwilliams@tulalip.nsn.us
David Luzi, Timber Fish & Wildlife
(A geomorthologist He's the one who gave the letter/DNS to both the City and to PUD)
Tulalip Indian Fisheries
7615 Totem Beach Road
Marysville, WA 98272
360-651-4487
dluzi@tulalip.nsn.us
Legislators:
Senator Val Stevens
105 Irving R. Newhouse Building
P. O. Box 40439
Olympia, WA 98504-0439
Phone: 360-786-7676
Stevens_va@leg.wa.gov
Representative Hans Dunshee (D-39th)
P. O. Box 40600
239 John L. O'Brien Building
Olympia, WA 98504-0600
360-786-7804
dunshee_ha@leg.wa.gov
Representative Kirk Pearson (R-39th)
P. O. Box 40600
Olympia, WA 98504-0600
360-786-
pearson_ki@leg.wa.gov
City of Sultan:
Mayor C. H. Rowe
City Council Members
319 Main Street
Sultan, WA 98294
360-793-2231 –phone
360-793-3344 - fax
CIVIC GROUPS AND OTHER INTERESTED PARTIES
S.N.A.G. (Sultan Neighbors Against Gravel)
31513 - 116th Street SE
Sultan, WA 98294
Paul Elias, General Manager
Snohomish County PUD
P. O. Box 1107
Everett, WA 98206-1107
Bruce Meaker, Regulatory Affairs
Snohomish County PUD No. 1
P. O. Box 1107
Everett, WA 98206-1107
425-783-1722
Mr. Robert Hazlebrook
Sultan Grange
Sultan, WA 98294
Mr. Kurt Beardsley, Executive Director
Washington Trout Association
P. O. Box 402
15629 Main St. NE
Duvall, WA 98019
Phyllis Mains (via email)
The Sierra Club
Ramona Quesinberry
Sultan Chamber of Commerce
Sultan, WA 98294
David Spangler, President
Monroe Chamber of Commerce
P. O. Box 38
Monroe, WA 98272
Glenda Terry, Executive Director
Monroe Chamber of Commerce
P. O. Box 38
Monroe, WA 98272
Martha Dankers
Monroe, WA 98272
Bruce Barnbaum
Stillaguamish Citizens Alliance
Granite Falls, WA 98252
the media
Steve Higgins/Ken Robinson (via email)
The Monroe Monitor
Leslie Moriarity (via email)
The Everett Herald