Capitol Lake Estuary Bill Introduced

Capitol Lake Estuary Bill Introduced

water quality  

Above: Washington State Representative Brian Blake’s legislative office overlooks Capitol Lake in downtown Olympia. Blake just introduced legislation, HB 2568, that calls for Capitol Lake to transition back to an estuary. The bill has been referred to the State Government Committee.

By Janine Gates

www.janineslittlehollywood.blogspot.com

Washington State Representative Brian Blake, D-19, has introduced a bill, HB 2568, that calls for the transition, management, protection, preservation, and coordination of Capitol Lake to an estuarine environment.

The bill states that Capitol Lake and its transition to an estuary must be co-managed with the tribes with histories or traditions or customary uses relating to the Deschutes River watershed.

The bill has been referred to the House State Government Committee chaired by Representative Sam Hunt, D-22.

Blake represents Pacific and Wahkiakum counties, parts of Cowlitz, Lewis, and Grays Harbor and is chair of the House Agriculture and Natural Resources Committee. His Olympia office in the Legislative Building overlooks Capitol Lake.

In an interview Friday morning with Little Hollywood, Blake said he was excited about the legislation.

“This is a discussion I’ve been following for years and I’m frustrated by the lack of decision-making. Looking at the analyses and barriers to salmon recovery in Puget Sound, I see this as a real opportunity to restore some habitat. Now is the time to introduce a bill and discuss this,” said Blake.

Asked about those who think opening up the dam will create an excessive amount of silt to pour into Budd Inlet, Blake said that the lake is currently periodically drained.

“Just opening up the dam will go a long ways to allow a channel to form. I don’t think much silt will travel out of the lake at all. The majority of silt will remain in place, stabilize salt marshes and soils, and the healing process will begin,” said Blake.

Estuary advocates are thrilled with the legislation. Sue Patnude of the Deschutes Estuary Restoration Team, an Olympia-based nonprofit, has worked for several years to raise awareness of the benefits of restoring the lake to an estuary.

“HB 2568 is long overdue and a major milestone in our estuary restoration efforts. The attempt to maintain a river that flows beside the State Capitol as a lake is a failed project. Water quality is getting worse as circulation in Budd Inlet is diminished.  Capitol Lake, due to the mud snail infestation, has been a "do not use" place for too long. Salmon using these waters are on the decline. The community wants to enjoy these estuarine waters, as recreation, as a place for the web of life to flourish. This cannot happen as long as it is a dammed estuary. Removing the dam will make Washington State and Olympia a model place in our Puget Sound clean-up efforts. Thanks to Representative Blake and the others for introducing this bill,” said Patnude.

Representative Sam Hunt, D-22, who has an office next door to Blake's, showed more optimism Friday morning for the Seahawks than the legislation. Wearing full Seahawks regalia, Hunt was asked what the chances were for HB 2568 to get a hearing before the State Government Committee.

“We’ll see what kind of time we have. People are waiting to the last minute to drop their bills,” said Hunt, who also noted the bill’s uncertain fiscal impacts.

The Deschutes River in Thurston County runs 57 miles from its headwaters in Lewis County, past Rainier and through Tumwater, until it reaches Budd Inlet in South Puget Sound. Historically, the mouth of the lower Deschutes River flowed to the Puget Sound. The lake was created as a reflecting pool for the State Capitol Building and the estuary was dammed in 1951 at what is now 5^th Avenue in downtown Olympia.

The 2016 Washington State Legislative Session started on Monday. Its website is www.leg.wa.gov and provides extensive, easy to use information on House and Senate membership, committee information, agendas, and specific legislation. To comment on a bill or ask questions, the Legislative Hotline is 1-800-562-6000. 

Above: Washington State Representative Brian Blake, D-19, points to Capitol Lake from his legislative office balcony in Olympia. Blake was a logger with the Weyerhaeuser Company for ten years before he became an environmental specialist for the state Department of Corrections.  A graduate of The Evergreen State College, Blake is a resident of Aberdeen and has served in the House since 2002.

Olympia Heron Preservation Group Becomes Land Trust

Olympia Heron Preservation Group Becomes Land Trust

west bay  

Above: With the donation of two land parcels on Olympia’s westside by Alicia Elliott, the Olympia Coalition for Ecosystems Preservation (OlyEcoSystems) organization is now applying for certification as a land trust. The Pacific Great Blue Heron makes nests in these trees during the breeding season of February through August and visit at other times. The nests, seen here, make the trees look like the Truffula trees in the Dr. Seuss book, The Lorax. Daniel Einstein, chair of OlyEcoSystems provided Little Hollywood a tour of the property on Wednesday. 

By Janine Gates

www.janineslittlehollywood.blogspot.com

The powerful story of a few dedicated community members with the Olympia Coalition for EcoSystems Preservation (OlyEcoSystems), a group on a mission to save and restore a local heron rookery on Olympia’s westside, continues to unfold.

Alicia Elliott, Olympia, recently donated to the group two parcels, totaling 4.7 acres, that she acquired last year to protect Olympia's lone colony of Pacific Great Blue Heron. 

With her donation, made in early December, OlyEcoSystems announced this week that it is becoming a land trust, thus protecting the woods in perpetuity. Elliott is a board member of the group.

The rookery parcel is about 1.9 acres, and the adjoining parcel, which will act as a buffer for the rookery, is about 2.8 acres.

In two years’ time, when the group is eligible to do so, it will apply for certification from the Land Trust Alliance, said Daniel Einstein, chair of OlyEcoSystems, on Wednesday as he gave Little Hollywood a tour of the property.

“Certification is going to be good for us…it will hopefully invite more donors, and we can turn those donations into land transactions. To be eligible for certification, we need to hold two or more parcels for two years,” said Einstein.

Land trusts enhance the economic, environmental and social values of their communities, and the support of the Land Trust Alliance will be crucial to the local organization for fundraising, legal support, and other benefits.

Founded in 1982, the Washington D.C. based Land Trust Alliance represents more than 1,100 member land trusts nationwide.

According to a 2010 survey by the Alliance, Washington State has 37 state and local land trusts, owning a combined 32,852 acres. The Alliance will conduct another survey in early January, the results of which will be available in Fall of 2016.

Above: Daniel Einstein today on the property adjacent to the rookery near Dickinson Avenue on Olympia’s westside. The property provides a critical buffer habitat in an urban setting for Pacific Great Blue Herons, and is also home to Cooper’s hawks, peregrine falcons, coyotes, red fox, deer, and many small mammals and reptiles.

Grants Focus on Restoration, Water Quality

Rounding out a successful year for the group, mature alders on the rookery property are now freed of 100,000 tons of ivy, thanks to teams of volunteers at regular work parties, who have also replanted the area with ferns, Oregon grape, and vine maple. 

The property also used to be a holly farm, and about 40 mature holly trees have been taken out because it too is an invasive species.

“The holly trunks are so big, it looks like we’re logging, but we’re not….It’s going to take some years to get it where we want it, but it’s really important to get it out now,”  said Einstein.

With a $10,000 grant from the Rose Foundation, they will be putting in 5,000 additional plants on the property.

Einstein pointed out the direct, stunning view of Mt. Rainier and explained that the group will be placing a picnic table and benches here for the public.

Einstein said the organization is also looking forward to creating a rain garden and planting 2,000 Pacific Willows and vine maples around it that will line rock-lined swales for untreated stormwater from Dickinson and Hays Avenues.

“In our neighborhood, all stormwater goes into Budd Inlet. None of it goes to LOTT - not a drop…most of it just runs off through the woods, or is dumped there by the city through a pipe. The woods act as a filter for the whole system as it moves through to Budd Inlet…. so our grants focus on water quality,” said Einstein.

The LOTT Clean Water Alliance is the regional wastewater system comprised of the cities of Lacey, Olympia, Tumwater, and Thurston County.

Besides stormwater issues, legacy dioxins from Olympia’s industrial past are known factors along West Bay Drive. The OlyEcoSystems property is directly upland of the former Reliable Steel on Budd Inlet, and property owned by local architect Glenn Wells. 

Einstein says that for now, the organization is focused on restoring and maintaining what it has, but if purchased by the group, the Wells property could provide neighborhood connectivity to and from West Bay Drive. Wells is asking a price that is double its assessed value of $100,000, says Einstein.

OlyEcoSystems currently pays about $1,500 in property taxes on the rookery parcel and received a conservation easement on it from Thurston County. 

“We were able to get that because of the heron’s nests. That reduced our property tax by 70 percent on this parcel. We could have gotten more of a property tax reduction, but we don’t allow year round public access because of the rookery….If it were a city owned property, there would be no way to close it, so that’s one reason we prefer to hold onto the property ourselves,” said Einstein.

Herons are sensitive to disruptions, and their breeding season starts in February and runs through August. The public is not allowed at the site during those months. The site has been used by herons for about 35 years, and thirty herons came back this past February during the breeding season. The herons also visit in the off breeding season.

“This year, they spent two to three months here, then were chased away by eagles to a location about 800 feet south of here. They were chased again and ultimately ended up on the other side of the inlet….that site is also part of their memory. They move around as needed based on safety and other reasons," said Einstein.

The OlyEcoSystems group has a solid vision and plan to continue their environmental efforts, with the community's help, for years to come.

“As we transition to a land trust, we also intend to remain a forceful advocate for habitat and water quality in our urban core,” said Einstein.

“The idea is that we need to preserve these trees and create a habitat for the herons that gives them flexibility to adapt, particularly as we change their landscape as we become more urbanized. That's why we don’t just want these two parcels, we want as much of the woods as we can get. We’d love to buy the woods on the other side (of the inlet), and work on the shoreline, where they can forage….There’s a connection between the fish and the birds….”

January Work Party

On Saturday, January 2nd, 2016, from 10:00 a.m. – 2:00 p.m., volunteers will be clearing ivy from the trees on the parcel in back of Hays Avenue, and clearing ivy off the remaining flat areas on the parcel at the east end of Dickinson Avenue NW. What to bring: gloves, a rain coat, hand saws, chain saws and clippers.

February Fundraiser

The OlyEcoSystems annual fundraiser will be on February 27th at 7:00 p.m. at the Abigail Stuart House (Women's Club), 1002 Washington St. SE, in downtown Olympia. There will be live music, refreshments, beverages, and a silent auction of works by Olympia artists. The event is open to the public. The group says that even if you cannot make a donation,“come and celebrate another year of successful advocacy for our environment.”

Above:  Olympia's westside as seen from the Fourth Avenue bridge today. The rookery is directly upland of the Reliable Steel site located on Budd Inlet at 1218 West Bay Drive, as illustrated by the vacant metal warehouse on the right. The site was originally developed as a lumber mill. From 1941-2009, the site was used for boat building, steel fabrication, and welding. From 2010 - 2013, the former owner and the Washington State Department of Ecology investigated the site and found contaminants above state cleanup levels. In 2014, Ecology held a public comment period on a draft partial cleanup plan for the site. Under the plan, Ecology will clean up some contaminated upland areas of the site.

OlyEcoSystems is committed to environmentally restoring its 4. 7 acre property, but also has other goals related to improving the water quality and health of Budd Inlet. “…The time is now. OlyEcoSystems is dedicated to affecting public policy and educating the community, but there is no ignoring the fact that our window of opportunity is closing.” – OlyEcoSystems website.

Past articles about Alicia Elliott, the rookery, and OlyEcoSystems can be found at Little Hollywood, www.janineslittlehollywood.blogspot.com, by typing key words into the search engine.

For more information about the Olympia Coalition for EcoSystems Preservation, go to its website, www.OlyEcoSystems.org.

Local Land Use Updates: Oak Tree Preserve and Grande Terrace

Local Land Use Updates: Oak Tree Preserve and Grande Terrace

wedding  

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

Two unrelated local land use cases recently covered by Little Hollywood have seen schedule changes.

Oak Tree Preserve

A decision by Thurston County Commissioners about the proposed Oak Tree Preserve housing development in unincorporated Thurston County was expected July 8, but that date was changed to July 31, with the permission of both parties. 

The Thurston County Commissioners held a hearing about the case on June 23. The case before the commissioners is an appeal of a decision by a hearing examiner who approved the developer’s preliminary plat.

The developer, Oak Tree Preserve, LLC, proposes to subdivide 258.5 acres into 1,037 single family homes in Lacey’s urban growth area. The property contains Thurston County’s largest intact stand of Oregon white oak, a state-protected priority habitat.

The county commissioners asked the parties in early July for an extension until July 31 to issue their written decision on the appeal. In their request, they cited reasons due to the numerous motions that have been filed by the parties, the complexity of the issues, and the individual and collective schedules of the commissioners.

The parties will be notified and the decision will be posted on the county website as soon as it is received, at www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/otp.htm, said county land use clerk Cami Peterson in a voice mail to Little Hollywood this morning.

Grande Terrace Wedding and Event Venue

In the Olympia case involving a downtown Olympia wedding and event venue, a hearing scheduled for July 30 has been cancelled.

The Grande Terrace on Capitol Lake venue operator, Bart Zier, had been operating his business at 915 Deschutes Parkway in an area zoned residential without a permit. Even when issued temporary use permits, Zier had violated the terms of the permits and multiple city codes on several occasions. 

Zier withdrew his request to the city for a conditional use permit on July 8 and instead requested a temporary use permit to conduct six events in August and September. He is also requesting a grading permit to retroactively approve construction work previously done on the property, such as the pad on which a large tent structure had been erected.

Concerned community members and neighbors have written city staff, asking the city deny Zier’s new request, citing numerous city, state, and federal codes and regulations.

In a telephone interview this morning, senior City of Olympia planner Cari Hornbein said she expects to issue a decision on the permit by the end of this week. City staff conducted a site visit of the property last week, said Hornbein.

In May, Little Hollywood contacted several brides-to-be whose summer weddings were known to be scheduled at that location, and informed them of recent developments regarding the venue.

For more information about these two cases, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine.

  

Approved and Appealed: Thurston County’s Oak Tree Land Use Case

Approved and Appealed: Thurston County’s Oak Tree Land Use Case

wildlife  

 

Above: Liz Lyman, center, looks at the maps of the proposed Oak Tree Preserve development before the hearing held at the Thurston County fairgrounds on March 23, 2015.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The proposed development called the Oak Tree Preserve was approved on April 24 by Thurston County Hearing Examiner Sharon Rice, and that decision was appealed by concerned citizens by the deadline, May 8.

Several citizens living near the property stepped up to appeal the decision, including Liz Lyman, who is now acting as the official spokesperson for the appeal.

Contacted this weekend by Little Hollywood, Lyman says she appreciates all the efforts of concerned neighbors and community members to save a 258.5 acre wooded area in Lacey’s urban growth area of Thurston County.

Other appellants are Liz Kohlenberg, Robert Self, Bonnie Self, the Black Hills Audubon Society, William Koopman and Felicia “Lisa” Carroll.

Oak Tree Preserve, LLC is seeking to develop the property into 1,037 small, single family residential units. The project is proposed to be developed in Thurston County’s largest stand of Oregon White Oaks - just over 79 acres. It is also home to a wide range of birds, animals and plants.

The Washington State Department of Fish and Wildlife designates the Oregon White Oak as priority habitat. If this development is ultimately approved as it is currently proposed, 36 acres of that priority habitat  - 45 percent - will be destroyed to build houses and infrastructure.

The remaining oak stand will be fragmented. The developer proposes to build one of the two main connector roads through the remaining oak stand. That road will be the only road from the site to Marvin Road for the first two phases of the development, significantly impacting the habitat.

The area in the unincorporated area of Lacey on Marvin Road is bordered by the Burlington Northern Railroad and the McAllister Park and Evergreen Estates subdivisions.

Few neighbors were notified of the proposed development. Those who were took to the streets, informed others, and created an online petition against the development that garnered nearly 300 supporters in about four days.

Carroll and Koopman have also created a Facebook page, Facebook.com/pages/Save The Thurston Oaks. Both are fresh Thurston County environmental activist voices, and learning the process as they go along.

After the hearing examiner’s decision but before she decided to become an appellant, Carroll said she and the neighbors of her Evergreen Estates subdivision were saddened, but then felt empowered to do more.

“The fact is, Evergreen Estates will bear the brunt of it - we only have 27th Avenue as our main road and there are going to be 300 homes added at the end of 27th....The size of this project makes it all that more unfortunate that 20th century standards were applied to a 21st century world.  We must do better.  And it looks like it’s up to us citizens of Thurston County to make that change.”

Koopman agreed, lamenting a wide range of environmental concerns:

 “…The effects of the new development on the communities and homes bordering Marvin…cannot be underestimated….The entire area drains into the Nisqually Watershed, by way of McAllister Springs, McAllister Creek and thus the Puget Sound. The additional pollutants - herbicides, pesticides, plastics, storm water runoffs - will undoubtedly further impact the health of the watershed, Puget Sound, the shellfish, and of course, the salmon.

“There is also the issue of oil train-traffic, which is growing exponentially in this area. This new development is bordered by the railroad. All of the homes located therein are in an area considered by the U.S. Department of Transportation as a potential evacuation or impact zone in case of an oil train derailment and/or explosion. If coal trains start their travels through the county as well, what of our air-quality, especially of those developments bordering the tracks?

“There are indeed a host of further items of interest….Amazingly, all of this has been approved without an Environmental Impact Statement (EIS) having been performed. Through a series of Mitigated Determination of Non-Significance (MDNS) the EIS has been out-maneuvered and rendered mute. The EIS is the people’s voice of safe, responsible and sustainable environmental practices that assure all Thurston County residents of an accountable, transparent mode of responsible stewardship of our County’s land use and the safety of our population through enforcements concerning proposed land use developments, clean water and clean air. I believe our county residents require more from the Thurston County Resource Stewardship Department than a rubberstamp of approval on such a highly contentious development project,” said Koopman.

Liz Lyman, who lives in The Seasons subdivision, served on the Thurston County Planning Commission from 1999 to 2007, including two years as chair and two years as vice chair. She also has experience with land use planning for protecting wildlife habitats and nearshore water quality in Puget Sound's urbanized areas.

“I've only met Lisa and Bill once, but they seem deeply and genuinely committed to protecting habitat for wildlife -- birds in particular. I applaud them for all of their efforts. It's truly heartening to meet people like them,” said Lyman.

Appeal Claims

The funds contributed for the appeal filing were from homeowners in Evergreen Estates, The Seasons, and the Black Hills Audubon Society.

In the appeal, appellant’s claim that the hearing examiner’s decision erred by not requiring avoidance of removing oak trees as the primary method of protecting the oak woodlands as required by Thurston County regulations.

They also say she erred by not using “best available science” to evaluate the Oregon White Oak woodland, determine if any of the acreage can be removed without causing irreparable harm to the habitat, and determine the mitigation strategy for the oak that must be removed.

Petitioners are requesting the collection of a more robust record on avoidance and best available science, and a new hearing examiner review after that record is created.   

They also request that the new record include testimony from the Washington Department of Fish and Wildlife, the state agency charged with protecting priority habitat including oak woodlands, and several other topics.

Next Steps

Lyman says she continues to turn away people who want to contribute to the nearly $900 it took to appeal the land use decision in Thurston County.

“I have spoken with homeowners in The Seasons and Eagle Crest, which is a neighboring subdivision….Many homeowners are simply incredulous about the hearing examiner's decision on the Oak Tree Preserve preliminary plat. The issues they're concerned about may vary, but the common thread is that they're very unhappy….and are feeling let down by the county. The board of The Seasons considered appealing, but decided against it because the odds of prevailing are not in its favor and it's entrusted with the homeowners' funds. The Seasons' board was wonderful, though, in getting the word out to our homeowners through the association's own website,” she said. There are 215 homes in The Seasons.

“We have many avid birders who are keenly interested in the outcome of this appeal. Many of us have worked hard to create a bird-friendly environment, something that will be impacted rather dramatically and negatively if the Oak Tree Preserve development proceeds….The destruction of the Oregon White Oak habitat will be devastating to the bird population,” said Lyman.

As for the appeal, the next step is to wait for the county to post the documents filed on May 8 on its website, which should occur early next week. Then, the developer has 14 days to file their response to the appeal as well as to others that may have been filed. Then, the appellants have seven days to file their responses or rebuttals.

The County Commissioners have 60 days to make their decision from the date an appeal is posted. A decision on the case could be made before mid-July.

For three previous articles on the Oak Tree Preserve case, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and use the search button using key words.

Thurston County’s Hearing Examiner Decision: http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/otp.html

Washington Department of Fish and Wildlife Comments: http://www.co.thurston.wa.us/permitting/hearing/hearings/oak-tree-preserve/C26-WDFW-OTP-Plat-Hearing-comments-3_21_15.pdf