June 17, 1998
By JEFF BURLINGAME - DAILY WORLD WRITER, Aberdeen Daily World
OCEAN SHORES - Fearing litigation that would delay an erosion-control project protecting expensive beachfront property, the City of Ocean Shores has rescinded an earlier emergency exemption and will now subject the project to a full permit process.
The city originally intended to use a state of emergency status declared in February to bypass the required State Environmental Protection Act (SEPA) and Substantial Development permitting processes.
But pressure from Smith & Lowney, a Seattle law firm representing "several environmental groups," changed the city's plans.
"If we had continued with the waiver process, it would've been tied up in the courts for a long time," City Manager Jack McKenzie said this morning. "By then, the whole south end of the city would be under water."
The city wants to imbed 540 feet of geotubes - huge sausage-shaped bags filled with sand - in the dune north of the North Jetty to protect it from the Pacific Ocean.
If the dune is breached - as many residents fear it will be this winter - most of southern Ocean Shores will flood, jeopardizing several city-owned utilities, McKenzie said.
Representatives of Smith & Lowney said this morning they were pleased with the city's move.
"We're happy this was resolved amicably," attorney Knoll Lowney said. "Our clients are very interested in making sure that the process is followed."
McKenzie says the geotubes need to be in place before the end of October, which is the beginning of the storm season. Funding for the $150,000 project has been provided by the state.
Without the permit exemptions, the city must prepare "200 pounds of paperwork" and send it to the Department of Ecology, McKenzie said. The DOE will review the project and listen to public comment on the matter before issuing its decision.
The permitting process would delay the project for a few weeks, but the city would still have enough time to put the tubes in before the storm season begins, McKenzie said, assuming the application is approved.
A problem could occur, however, if someone appeals the DOE's decision, the city manager said.
"We hope everyone agrees and no one appeals," McKenzie said. "But if they don't, we're going to have to brace ourselves and redeclare the emergency condition."
Lowney said his clients are happy for now, but will keep a watchful eye on the matter.
"Our clients are going to continue to be very involved whenever the erosion issue is at center stage," the attorney said.
http://www.crab.wa.gov/thurston/geodata/default.htm
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