Via an email today.
Friends of Edmond Marsh and Sequalitchew Creek,
At the January 24, 2012 City of DuPont Regular Council Meeting two authorizations of agreements took place that contain contradictory language.
The first authorization by City Council was approval for the Mayor to sign on behalf of the City of DuPont the Interlocal Agreement Regarding Countywide Planning Policies.
Bill Kingman, Planning Manager, assured the City Council members that: “The proposed amendment is consistent with adopted DuPont policies and regulations.” On page 56 of the Countywide Planning Policies for Pierce County, Washington there appears the following General Environmental policy statement 16. and 16.4, to wit: “16. The County, and each municipality in the County, should protect and enhance the natural ecosystems through comprehensive plan policies and development regulations that reflect natural constraints and protect sensitive features. and; 16.4 Maintain natural hydrological functions, ecosystems and watersheds and, where feasible, restore to a more natural state.”
In my Final Comments on the 2011 Settlement Agreement paper that I submitted to Council members (attached) I site the relevant City of DuPont’s Comprehensive Plan provisions and sensitive area municipal ordinances that, if applied, are contradictory to the City Council approving the 2011 Settlement Agreement in so much as it contains a provision that requires the City to support CalPortland’s mining of currently Vashon aquifer saturated gravel located in the South Parcel. To access this gravel in the South Parcel requires both temporary and permanent alteration of the current hydrological function of the Vashon aquifer .
The second authorization by City Council was approval of the 2011 Settlement Agreement which stipulates that:
“The goals of this Agreement are to help restore and enhance the Sequalitchew Creek watershed, including flows along the entire length of the Creek, as long desired by the City and conservation groups; to maintain the Puget Sound shorelands and adjacent open space; and to support CalPortland’s mining in the North and South Parcels subject to the various restrictions in this Agreement and compliance with existing laws and regulations.”In my Final Comments on the 2011 Settlement Agreement paper I address why the provision of the Agreement “…to support CalPortland’s mining of the …South Parcel…” will set up a condition and expectation that any conflict with CalPortland’s mining the South Parcel and application and enforcement of the provisions of DuPont’s Comprehensive Plan and/or sensitive area ordinances (or other “…existing laws and regulations.”) will either be resolved in fashion acceptable to CalPortland mining the South Parcel or by a CalPortland initiated lawsuit. A fear that no doubt that was of concern to the five members of the City Council who elected to approve the 2011 Settlement Agreement and this fear will certainly won’t go away during execution of the terms of the 2011 Settlement Agreement.
There is no ambiguity in the language in the Countywide Planning Policies for Pierce County that the City of DuPont should (or as required by DuPont’s Comprehensive Plan and sensitive area municipal ordinances) “16.4 Maintain natural hydrological functions, ecosystems and watersheds and, where feasible, restore to a more natural state.” Mining the South Parcel will adversely impact, in perpetuity, the natural hydrological function of the Edmond Marsh and Sequalitchew Creek watershed ecosystem that no amount of mitigation can offset.
I suggest that all of you provide a copy of my paper Final Comments on the 2011 Settlement Agreement, which was provided each Council member on two different occasions to your friends and neighbors, discuss the contents of this paper with them, and encourage them to ask the five City Council members who elected to approve the 2011 Settlement Agreement to justify (not rationalize) their decision to approve the 2011 Settlement Agreement when it is apparent that application of provisions of the Council approved Countywide Planning Policies, the City of DuPont’s Comprehensive Plan and existing sensitive area ordinances would prohibit altering the natural hydrological function (by dewatering) of the Vashon aquifer, Edmond Marsh, Sequalitchew Creek and Puget Sound Shoreline Springs and the ecosystems that this groundwater fed watershed currently sustains.
FINAL COMMENTS ON THE 2011 SETTLEMENT AGREEMENT