HomeMy WebLinkAboutNatural Resources March 29 20111
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
March 29, 2011
CALL TO ORDER
Committee Chair Carl Weimer called the meeting to order at 9:30 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (9:32:22 AM)
Present: Carl Weimer, Bill Knutzen and Sam Crawford.
Absent: None.
Also Present: Ken Mann and Barbara Brenner.
COMMITTEE DISCUSSION
1. DISCUSSION OF THE PERMITTING PROCESS FOR THE GATEWAY PACIFIC
TERMINAL AB2011 -129
(Clerk's note: This will be a general discussion of the major project permit process.
Specifics or merits of the Gateway Pacific Terminal project will NOT be discussed at this time
as the Council will make a decision based on the official record at a later date.)
Roland Middleton, Public Works Department, gave a staff report and described the
history of the current permit and project. The potential applicant will ask for a revision and
expansion of a shoreline permit. The County has not received that permit application. He
explained the permit process and the caution the councilmembers must take in any quasi -
judicial matter that may come before the Council in the next two years.
Crawford asked and there was discussion about the proposed applicant's plans to
submit a permit.
Weimer asked and there was discussion of:
• Amending the current permit versus applying for an entirely new project and
permit.
• Whether all the agreements will be tied to the NEPA and SEPA.
Mann asked and there was discussion of:
• How the record is assembled and forwarded to the Council.
• How this process is different from a Hearing Examiner appeal.
Knutzen asked and there was discussion of:
• How councilmembers should handle the committees and boards they regularly
are a member of, in which the subject is addressed.
Brenner asked and there was discussion of how to handle citizens who insist on
expressing their views on the subject.
Natural Resources Committee, 3/29/2011, Page 1
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Karen Frakes, Prosecutor's Office, stated that once the application is filed and
pending, councilmembers are supposed to tell the other councilmembers what information
was received. Her biggest concern is with the part of the Appearance of Fairness Doctrine
that is about whether they have pre- decided on the issue or are biased on the matter, which
only applies once an application has been filed. At this point, it's easier to cut off contact
and not let the issues complicate a later appeal. If the issue comes up on other boards and
committees, councilmembers should remove themselves from the discussion and decision.
Councilmembers should not attend citizen meetings on the matter because they aren't part
of the record. Councilmembers can't individually investigate the topic, but can visit sites as
a group.
Mann asked and there was discussion of the impact on the process from the
resolution one councilmember proposed regarding the project.
Weimer asked and there was discussion of:
• Permit process timelines.
• Attending Hearing Examiner hearings.
• Who will have input on the scope of the EIS, NEPA, and SEPA.
• Whether previous involvement in original permit approvals will eliminate
councilmembers from this process.
• Filtering information received on any projects that may have to go through a
major development or other permit process.
• The Council's ability to expand its time limits.
Brenner asked and there was discussion of limiting or expanding the scope of any
public hearings.
(Clerk's Note: Discussion continued, below.)
2. DISCUSSION REGARDING SEDIMENT MANAGEMENT AT SWIFT CREEK AND
LOWER NOOKSACK RIVER AB2011 -130 (10:08:55 AM)
Jon Hutchings, Public Works Department, gave a staff report on Swift Creek and
stated one of three tasks may be to do intermediate dredging to prevent flooding and
spread of the sediment. Another task has been design on a larger facility to allow more
comprehensive management and containment of sediment. The third task is financing and
working with partner agencies to resolve underlying legal questions of liability. He
described the status of the three tasks.
Knutzen asked and there was discussion of:
• A schedule for removing sediment.
• Work that needs to be done to help the agricultural community.
• The Environmental Protection Agency (EPA's) liability.
• Whether the Canadian government can be motivated to get involved.
Brenner asked and there was discussion of:
• Determining which jurisdiction or agency is liable.
• How engaged are the county's federal legislators.
(10:27:02 AM)
Natural Resources Committee, 3/29/2011, Page 2
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Hutchings stated environmental impact statement (EIS) scoping is underway,
followed by a determination of significance (DNS) and notification of area residents.
Councilmembers may soon begin to hear from residents on the matter.
before.
Brenner asked and there was discussion of the difference from what they've done
Mann asked and there was discussion of who owns the property.
Paula Cooper, Public works Department, gave a staff report on sediment
management in the Lower Nooksack River. She submitted a draft proposal (on file)
developed by an ad hoc citizens committee. (10:33:16 AM)
Weimer asked and there was discussion of:
• Getting feedback on the proposal from the State and federal permitting
agencies.
• How much money they will spend before they know if the project can be
permitted.
Brenner asked and there was discussion of:
• Gathering information from Canadian officials who have been through a
similar process.
• Input from the Flood Control Zone District Advisory Committee.
1. DISCUSSION OF THE PERMITTING PROCESS FOR THE GATEWAY PACIFIC
TERMINAL AB2011 -129
(Clerk's Note: Discussion continued from above.)
Crawford stated councilmembers can forward all comments from citizens and
proponents to Roland Middleton.
OTHER ITEMS
There was no other business.
ADJOURN
The meeting adjourned at 10:40 a.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council@-.o.whatcorn.wa.us
Dana Brown - Davis, Council Clerk
Carl Weimer, Committee Chair
Natural Resources Committee, 3/29/2011, Page 3