To: Robert W. Nacht, Manager
Community Development Division
Community Services Dept.
1321 South Market Blvd
Chehalis WA 98532
From: Chehalis River Council
P.O. Box 586
Oakville WA 98568
Re: File #97-E048
Threshold Determination of Non-Significance (Mitigated)
American Crossarm Site
99 SW Chehalis Ave, Chehalis, WA 98532
Applicant: Darrell Peterson
Project: Structural Fill, approximately 27,000 Cu Yds
for future commercial/industrial development
These are our comments on the lead agency determination that this project will not have a probable significant adverse impact on the environment:
1. The SEPA process was deficient in its notification procedure:
a) Under WAC 197-11-340, the DNS environmental checklist must be sent "to agencies with jurisdiction, Department of Ecology and affected tribes." The environmental checklist and MDNS was not sent to all affected parties. i) The Chehalis Tribe should have been notified and was not, according to the lead agency and a representative of the tribe.
According to the U.S. Dept. of the Interior (Office of the Secretary, Wash. D.C., ER90/133 Jonathan P. Deason, Director, Office of Environmental Affairs, letter recv d by EPA Region 10, July 24, 1990): "this site is within the Usual and Accustomed fishing grounds and stations of the Chehalis Tribe as adjudicated in United States vs Washington, 1974 (384F Supp. 312) The tribal right to harvest fish includes the right to have the environment upon which the fish and wildlife depend protected from degradation."
ii) City and County jurisdictions downstream in the Chehalis River floodplain should have been notified.
The 27,000 cu. yds. of fill would add to the cumulative effects of other fills recently and presently being permitted in the floodplain, and would tend to increase the flood levels in those jurisdictions.
iii) The U.S. Dept. of the Interior has several trust responsibilities involved in relation to this site and should be sent the MDNS and SEPA checklist as an agency with jurisdiction. (see Dept. of the Interior letter referenced above, attached)
iv) Important and listed species may occur in the vicinity of and find habitat in the site. (see referenced letter). The U.S. Fish and Wildlife Service should be sent the MDNS and SEPA checklist as an agency with jurisdiction.
b) The lead agency did not follow WAC197-11-350(3) Mitigated DNS, which states: "if the lead agency specifies mitigation measures on an applicant s proposal that would allow it to issue a DNS, and the proposal is clarified, changed or conditioned to include those measures, the lead agency shall issue a DNS." This was not done, nor, under WAC197-11-350(4), were "clarifications or changes stated in writing in documents attached to, or incorporated by reference "
c) In reference to: Chehalis Ord. 305B, City of Chehalis 6/85, 18.04.130 Environmental Checklist: "H. If the city s tentative decision on a permit approval does not include mitigation measures that were incorporated into a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a), Withdrawal of DNS." The parameters expressed in the "EPA Restrictive Covenants" are very important to a determination of adverse environmental impact. These are not attached to the checklist, nor are they available in the deeds presently recorded at the Lewis County courthouse.
2. According to the U.S. Dept. of the Interior preliminary natural resources survey on the American Crossarm and Conduit Co. site, there are serious natural resource issues in regard to the site. (see referenced letter attached.) The SEPA checklist is incomplete and seriously deficient in this regard.
Examples:
Checklist: a) "B. Environmental Elements, 3. Water, a) Surface: 1) Is there any surface water body on or in the immediate vicinity of the site, (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? etc. ". Answer: "Yes, unknown name of seasonal pond."
But, "The site is within the 100 year floodplain of the Newaukum and Chehalis rivers, which join together about one half mile southwest of the site. The facility was built on pilings and fill over a wetland that extends south and west of the site. Dillenbaugh Creek cuts through the wetland and flows in a northwest direction to the Chehalis River." (U.S. Dept. of the Interior, etc., see attached letter)
And, the site is located in hydric soils with a high water table which are two elements which define a wetland according to the USFS definition (Comprehensive Flood Hazard Management Plan for Lewis County Vol. I, page 4-12; and Chehalis City Ordinance #394-B)
Checklist: b) " B. Environmental Elements, 5. Animals, a). Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds, (Answer: Geese), mammals, (Answer: None), fish, (Answer: None). b) List any threatened or endangered species known to be on or near the site: (Answer: None). c) Is the site part of a migration route? (Answer: No). d) Proposed measures to preserve or enhance wildlife, if any: (Answer: Retain Storm Retention Pond.)"
But, under "Trust Resources" (Dept. of the Interior letter to EPA Region 10, attached), the Dept. of the Interior lists the following:"Wintering bald eagles which are listed as threatened may occur in the vicinity of the site. A candidate species for listing, the Olympic mudminnow, is known to occur in the Chehalis River and may occur in Dillenbaugh Creek Migratory bird use on or near the site consists of passerines, raptors, and waterfowl." The Chehalis River provides important habitat to several anadromous fish species. The portion of the Chehalis in the vicinity of the site provides a migratory corridor and nursery habitat for chinook salmon, chum salmon, and coho salmon. Some chinook may spawn in the area as well. Dillenbaugh Creek provides spawning and nursery habitat for coho salmon "
The purpose of a SEPA checklist is to provide an aid to the lead agency in its determination of significance or non-significance of the impacts of the proposed project on the environment. This checklist is lacking in insight, research and knowledge and history of the site, and provides no detailed answers.
The Chehalis River Council requests that the MDNS be withdrawn until further information can be made available to the agencies of jurisdiction within the Chehalis River Floodplain, including the Chehalis Tribe, and the DOE, EPA Region 10, and the Dept. of the Interior can be properly notified and given adequate information for making comment.
There are numerous questions to which the public, whose "health, safety and welfare" are to be protected by this process, are entitled to know: What are the issues concerning the fact that this is a Superfund site? Will the cleanup be compromised by the addition of fill and the activities of construction? Is there a potential for the release of toxic materials during the construction and use of this site? What are the implications for the integrity of the groundwater? What are the intended uses of the site, beyond "a fill"?
These are all questions that need to be answered in the public interest.
Therefore, the Chehalis River Council requests that public hearings on this proposal be held in each county in the region affected by Chehalis River floods before an environmental impact decision is made by the City of Chehalis.
Signed: ________________________________________________
On behalf of the Board of Trustees, Chehalis River Council
Merrily Knutsen, Trustee
3414 Centralia Alpha Rd.
Onalaska WA 98570
Ph: 360-978-4132
cc: The Chehalis Tribe
Dept. of Ecology
EPA, Region 10
U.S. Dept. of the Interior
U.S. Fish and Wildlife Service
County Commission, Thurston County
County Commission, Grays Harbor County
County Commission, Lewis County
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