HomeMy WebLinkAboutPublic Works June 5 2007I WHATCOM COUNTY COUNCIL
2 Public Works and Safety Committee
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4 June 5, 2007
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6 Committee Chair Barbara Brenner called the meeting to order at 1:35 p.m. in the
7 Council Chambers, 311 Grand Avenue, Bellingham, Washington.
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9 Present: Absent:
10 Laurie Caskey - Schreiber L. Ward Nelson
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12 Also Present:
13 Carl Weimer
14 Dan McShane
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17 COMMITTEE DISCUSSION
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19 1. UPDATE FROM THE HEALTH DEPARTMENT REGARDING THE DUMP ALONG
20 THE NOOKSACK RIVER (AB2007 -255)
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22 Jeff Hegedus, Health Department, submitted an Environmental Protection Agency
23 (EPA) report and photos of the progress of the cleanup an the Foothills landfill (on file). The
24 river began to go through the middle of the landfill. They've had a good collaborative
25 process with the stakeholders, including the Nooksack Tribe, County, EPA, Department of
26 Ecology (DOE), and other parties to see what must be done and how to fund it. The EPA
27 was able to fund $250,000 to remove all the debris away from the bank and pay for design
28 for soft armoring of the bank to buy time until it could be cleaned up. The EPA granted that
29 money to the Nooksack Tribe, which moved the debris about 200 feet away from the bank.
30 The Tribe constructed a berm to prevent floodwaters from getting into the landfill. The
31 Tribe did a series of log works to slow the river and erosion. The stabilization project got
32 them through this winter. At this point, the debris is stabilized and not falling into the
33 Nooksack.
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35 The Army Corps of Engineers conducted a report on estimates for the cost of debris
36 removal. The cost estimate ranges from $290,000 to $510,000. He considers these
37 estimates to be severely low. If that is a true estimate, they should be able to find the
38 funding to clean up the site. The report includes a diagram of the soft armoring intended to
39 keep evulsion from occurring. There are about ten stations where tree stumps will be
40 engineered as soft armoring in the side of the bank. The design of this was about $30,000,
41 which was part of the $250,000 grant from of the EPA. No money is allocated to implement
42 this design.
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44 McShane asked if the cost estimate is for hauling away everything that's left.
45 Hegedus stated it is. He is skeptical of that estimate. He was a site cleanup contractor for
46 15 years, however he hesitates to second -guess the U.S. Army Corps of Engineers.
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48 McShane asked if there is a cost estimate for preventing erosion. Hegedus stated
49 the last estimate he heard for preventing erosion was about $175,000.
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51 McShane stated he is skeptical of that estimate.
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53 Weimer stated the cost estimate doesn't include any cost for soft armoring. He
54 asked if the choice is to do either the soft armoring or clean up the site. Hegedus stated the
55 cost estimate doesn't include the soft armoring. The real issue is that this is not an
Public Works and Safety Committee, 615/2007, Page 1
1 appropriate site for a landfill. It is in the Tribe's interest to not have evulsion occur and to
2 have bank stabilization. Stabilizing the bank is a good short -term strategy to buy time to
3 clean up the site. However, they are not agreeable to siphoning off cleanup dollars to fight
4 nature and stabilize that bank for a political purpose.
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6 Weimer stated it seems to make more sense to remove the material and let nature
7 take its course. Hegedus stated they need to do a quick, good job of debris removal before
8 evulsion happens.
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10 Weimer asked if there are any soil contamination problems. Hegedus stated there is
11 every indication that they would have a problem from a variety of sources. The estimate
12 does not take into consideration any cleanup sampling analysis, soil investigation, or soil
13 removal.
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15 Brenner asked if any County money has been spent on this. Hegedus stated just
16 staff time has been spent on this issue.
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18 Brenner asked the final cost estimate. Hegedus stated the first concern is about the
19 hundreds of vehicles that will be in the Nooksack River should evulsion occur. It will be
20 nearly impossible to remove them once they are filled with sediment. There has been a lot
21 of habitat restoration work along the river. Municipalities draw their drinking water
22 downstream. Debris removal is the number one priority, in his opinion.
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24 Brenner asked if the administration has negotiated with the Nooksack Tribe about
25 contributing to this cost. Hegedus stated it has about a year ago. Now, the County has
26 been cut out of the loop. It is a political and legal issue rather than a technical issue, from
27 the County's perspective. The County is a stakeholder because County resources will be
28 impacted if there is an evulsion. His recommendation is to involve legal counsel and discuss
29 a lawsuit. At this point, it's about keeping forward movement. What's been done so far is
30 good, but they can't let it sit there.
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32 Caskey- Schreiber asked who Mr. Hegedus has worked with at the Nooksack Tribe.
33 Hegedus stated he worked with Tribal Administrator Pat Check, and last tried to call him a
34 week ago.
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36 Caskey- Schreiber stated she is willing to try to get the Tribe to talk to the Council
37 about their plans. Hegedus stated it's a legal and political issue now. Even letters of
38 interest to the EPA, Tribe, and Bureau of Indian Affairs (BIA) document the County's efforts,
39 even though the County has no jurisdiction to protect its resources.
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41 Caskey- Schreiber stated another option is to provide an economic development grant
42 to them to clean it up. Hegedus stated express the County's concern for and support of
43 getting funding, now that there is a complete cost assessment. If this estimate is good,
44 then help the Tribe get there.
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46 Caskey- Schreiber stated she agrees with that approach instead of a lawsuit.
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48 Brenner asked who has jurisdiction. Hegedus stated the jurisdiction issue is muddy.
49 It is mostly the Bureau of Indian Affairs (BIA).
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51 Brenner asked how the County has been taken out of the loop. Hegedus stated the
52 discussion has fallen apart. No one is talking to him. The EPA is working with the Tribe, not
53 the County. Jurisdiction, ownership, and responsibilities are blurred, which is why this
54 keeps falling off the radar.
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Weimer stated it sounds like the contract for cleanup was between the Nooksack
Tribe and the EPA. He asked why they would use rail cars instead of trucks to haul the
material away, if the cost of trucking is less. Hegedus stated he doesn't know. Typically,
rail costs less. At this site, there may be a lot of work separating metal from roofing
shingle.
McShane stated the decision of rail versus truck depends on volume. There are a lot
of broad assumptions. The most challenging one is the accuracy of the volume estimate.
Hegedus stated the estimate of tires and vehicles seems low to him.
Caskey - Schreiber stated a house on the Hannegan Road is getting really bad. The
entire front yard is almost entirely filled with garbage. She asked if the County has received
complaints about it. Hegedus stated he would look into it.
Caskey- Schreiber stated she would work with Mr. Hegedus on the Nooksack landfill
issue.
McShane stated the County should support efforts to find funding for removal. In
the long run, there is no way the river will stay there. The revetment construction with logs
won't be that easy at that site. It may work for a time, but not forever.
Brenner stated they all agree that the best answer is to remove the material.
McShane stated apply some lobbying pressure. It will come down to the relationship
between the federal government and the Tribe. It's an odd relationship. It's to their mutual
benefit to fix the problem.
Brenner stated the Council could write a letter to the EPA that supports funding.
That doesn't mean the County will be directly involved.
Caskey- Schreiber stated she will contact Pat Check to try and set up a meeting to
find out what is planned and to work toward the mutual goal of getting this debris removed.
Hegedus stated that is a good idea.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 2:05 p.m.
Jill Nix r�rt _fify1ription
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Dana i ,F4a�Is,.Cou,R61 Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Safety Committee, 6/5/2007, Page 3