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Lummi Island Quarry Owners Propose “Environmentally Friendly” Expansion


October-November 2011

Cover Story

Lummi Island Quarry Owners Propose “Environmentally Friendly” Expansion

by Meredith Moench

Meredith Moench is a member of the Lummi Island Conservancy and has been a near neighbor of the Lummi Island quarry for eight years.

Part 1

Incredibly, this is the claim made in an application proposing a zoning change to allow mining on an additional 27.5 acres adjacent to the 20 acre quarry pit now on the east shore of Lummi Island. Besides touting this “environmentally friendly” supply of aggregate, the current quarry owner, Lummi Rock LLC, states that there will be “no impact on fish and wildlife critical areas habitat, no proximity to water courses, and little or no impact on aquifers and wetlands” and claims that the mining “will not be located in a geologically hazardous area.”

Whatcom County’s own Critical Areas Ordinance (CAO) maps indicate otherwise. The entire 27.5 acre parcel of land proposed is located within an area designated “Environmentally and Biologically Sensitive.” A number of state and local priority bird species are known to inhabit nearby areas, and Category 1-4 wetlands are mapped on the eastern boundary of the proposed site. These wetlands may well extend into the site itself and are associated with a stream that drains into Smuggler’s Cove and eel grass beds. The steep slopes of the site are designated as a Landslide Hazard Area on the county’s CAO Geologically Hazardous Areas map.

The site of the quarry’s barge loading operations, Smuggler’s Cove, contains critical forage fish habitat and larvae as documented by the Washington Department of Fish and Wildlife. Flowing into Hales Passage, this entire marine area including the shoreline has been identified as significant salmon habitat for threatened species by the National Oceanic and Atmospheric Administration (NOAA) Fisheries and has been identified as a nesting area of “Importance and Vulnerability” for sensitive bird species (Whatcom County Marine Resources Committee). Although a 200 foot shoreline buffer is included in the proposed 27.5 acre site, rock processing, loading, and barging for any future mining will necessarily continue to be conducted on the shoreline of Smuggler’s Cove with continued environmental impacts. An attempt to imply that a buffer will minimize the aesthetic impact of a nearly 50 acre open pit ignores the fact that the face of the back wall of the pit will rise some 350-400 feet and be clearly visible from Bellingham and to boaters and kayakers wishing to enjoy the recreational benefits and beauty of Bellingham Bay.

A crushing capacity of 800 tons of rock per hour reflects the intensification of operations at the quarry since Lummi Rock LLC (dba Aggregates West) took over ownership in 2005. That’s enough gravel to fill 80 standard double-axle dump trucks every hour. This does not include an untold number of tons of larger rock taken out and barged with the gravel to off-island yards in Bellingham, Everett, Anacortes and points beyond. In just six years this company has efficiently and aggressively mined nearly as much rock as did the previous owners in 40 years.

Permit violations and mitigation failures at the current quarry site have led to several incidents requiring correction. A new barging dock facility was constructed on the shoreline without required permitting from several agencies. In April 2010 the Northwest Clean Air Agency issued a violation for construction of a crushing plant without a permit. In December 2010, Whatcom County Planning and Development Services issued a notice of violation for mining activity and excavation conducted outside of the permitted boundaries. The Washington Department of Ecology has cited numerous non-compliance issues requiring correction and investigated serious runoff incidents.

Residents of the neighborhood directly to the north of the quarry continue to complain of black dust from the quarry brought in by prevailing winds despite dust suppression efforts. Intrusive noise from blasting, excavating, dumping rock hundreds of feet into the pit, rock crushing, truck back-up alarms, and loading conveyors are a daily part of life for nearby residents. There is little respite as the quarry is permitted by law to operate six days a week up to eleven hours per day.

Do these facts support the applicant’s claim that the proposed 27.5 acre mining expansion will have “extremely low impact on the environment, and low impact on the general public?” Is a big, dirty, disfiguring, resource-extracting industrial operation on an environmentally sensitive and prominent shoreline appropriate? Is it appropriate when similar acreage to the south, west and north has been determined more valuable preserved as long-term habitat than for resource extraction? These include a 661 acre Department of Natural Resources Conservation Area, an 800 acre Washington Department of Fish and Wildlife Natural Area Preserve and protected Peregrine Falcon refuge, a Lummi Island Heritage Trust 80 acre Natural Area Preserve, and an additional 218 acres under Conservation Easement.

Is a growing open pit situated prominently on an otherwise scenic vista compatible with efforts to encourage tourism and recreational values? Does it run counter to state-wide efforts to preserve and restore the economically vital salmon fishery? Assurances of reclamation may well be met with skepticism. How does one reclaim forest habitat stripped bare and pulverized into millions of tons of rock?

An initial environmental review (SEPA) has been returned by County Planning staff with a determination of nonsignificance. The Lummi Island Conservancy has appealed this finding to the Whatcom County Hearing Examiner. At a date to be determined the nine-member Planning Commission will review the MRL (Mineral Resource Land) zoning change application and the Planning Department staff report. This will include a public hearing. Their recommendation will then go to the County Council for a decision.

For more information or to make a comment, contact Joshua Fleischmann, Whatcom County Planning and Development Services staff, e-mail address JFleisch@co.whatcom.wa.us or for more information go to http://www.lummiislandconservancy.org. (Please note there are two i’s in address.) §

Next Issue

Up Against Goliath? How the public process works against the public interest.

Brief History of Lummi Island Quarry

• 1933-1934 Rock removed for breakwater; pit closed after four months

• 1934-1964 Property becomes overgrown with trees

• 1958 Neidhamer family purchases property of 100 acres including overgrown “quarry”

• 1959-1963 Lummi Island Scenic Estates Community Club begins incorporation, platting and construction directly north of Neidhamer property

• 1964 Neidhamers grant lease on ten acre parcel to Corky Smith; quarrying begins

• 1964-1996 Intermittent nonconforming use quarry activity on “ten acre” parcel

• 1996 Stop work order; quarry boundaries challenged

• 1997 County creates 20-acre MRL (Mineral Lands Resource) on property allowing mining to continue

• 1999 Neidhamer property sold; new owners continue expanding operations as Ace Rock LLC

• 2004 Aggregates West, Inc. becomes operating partner

• 2005 Ace Rock and Aggregates West parties create Lummi Rock LLC, current owner of quarry

• 2007 County grants administrative permit to mine remaining 9.5 acres of original 20 acre MRL

• 2010 Lummi Rock LLC applies for new MRL rezone to expand mining 27.5 acres southward

• 2011 County Council votes to docket the MRL request for action

• Sept. 15, 2011 County planning staff issues a determination of nonsignificance on the SEPA environmental review for MRL proposal; Lummi Island Conservancy appeals decision; date for SEPA appeal hearing before Whatcom County Hearing Examiner TBD; Planning Commission hearing postponed

Recent Quarry Compliance History

• 2006-2007 New Barge conveyor/dock facility constructed on shoreline without permits; as of March 2011 no permits/leases available from Whatcom County, WA Dept. of Natural Resources, U.S. Army Corps of Engineers, or WA Dept. of Fish and Wildlife; facility used for barge loading as recently as October 2011.

• Aug. 2007 WA Department of Ecology requests corrections for several non-compliance issues NPDES Sand and Gravel Stormwater permit.

• Aug. 2007 WA Department of Ecology notifies quarry owner that he must obtain a water right permit to legally continue withdrawing water from surface streams for dust suppression.

• Aug. 2007 Unpermitted crushing plant found in operation at quarry; Northwest Clean Air Agency notifies owner that an Order of Approval to Construct permit must be obtained; OAC permit received November 2007.

• April 2010 A new crushing plant constructed without a permit is discovered resulting in a Notice of Violation (NOV) from NW Clean Air; a NOV Warning is also issued for diesel fuel use in excess of allowable limit.

• Oct. 2010 Notice of Imposition of Penalty issued by NW Clean Air (OAC permit obtained Aug. 2011).

• Dec. 2010 Large runoff incident (“illicit discharge”) at quarry leads to Dept. of Ecology investigation in March 2011 resulting in “at least five major violations” reported and a “Corrections Required” notice in order to come into compliance.

• Dec. 22, 2010 County Planning and Development Services issues a Notice of Violations for quarry operations outside of permitted boundaries.

• Mar. 2011 Scenic Estates residents report continued withdrawal of surface water without water right permit to Ecology.

• May 2011 Lummi Rock LLC applies to state for a water right permit.

• June 2011 WA Dept. of Natural Resources issues U&O for unauthorized dock construction on state aquatic lands; Lummi Rock, LLC requests lease amendments to correct.


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