All Eyes on Tumwater’s Historic Old Brewery

All Eyes on Tumwater’s Historic Old Brewery

wetlands  

 

Above: No bulldozers in sight. An aerial photograph taken today over Tumwater’s Old Brewery reveals the area disturbed by significant grading and fill placement in October. City of Tumwater staff met with staff members from the state Department of Ecology’s Shorelands Program and Water Quality Program as well as the U.S. Army Corps of Engineers to inspect the site on November 14.

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

As 2014 draws to a close, several sets of eyes are still fixed on the historic Old Brewhouse property in Tumwater. The stop work order continues, put in place by the City of Tumwater in October due to a citizen complaint about significant activities that adversely impacted the environment.

“The stop work order is still in place and will be in place until a mitigation plan is developed for the wetland impact, said Chris Carlson, permitting manager for the City of Tumwater, who has given regular updates on the situation to Little Hollywood.

Carlson said that city staff met with staff members from the state Department of Ecology’s Shorelands Program and Water Quality Program as well as the U.S. Army Corps of Engineers on site on November 14 at the Old Brewhouse property. 

“We all agreed that a mitigation plan needs to be developed and submitted to the city for review and approval. The property owner will also be required to make application(s) to the U.S. Army Corps of Engineers for the unauthorized work and be subject to any mitigation required under federal law,” said Carlson.

“As a part of the stop work order we have required that a Storm Water Pollution Prevention Plan (SWPPP) be developed and implemented for the disturbed areas on the south side of the building to prevent water quality impacts. The SWPPP has been submitted to the city and approved. …The SWPPP we approved includes seeding the disturbed areas and covering the disturbed areas with coconut fabric. Staking in straw waddles will also be done on both sides of the road that leads around the building as well as putting a filter fabric stock in the exposed catch basin on the south side of the building,” said Carlson in an email to Little Hollywood in mid- November.

Carlson initially expected applications and mitigation plans to be submitted to the city, Ecology and the Corps for review within 30 days from the day of the initial site visit, however, that expectation turned out to be overly optimistic.

In an email dated December 13 to Little Hollywood, Carlson said the city just got the survey on December 11 outlining the area of the Category III wetland behind the brewhouse that was partially filled.

“Since we received the survey, we’ve been working with the wetland consultants -both the property owner’s and the one working on the Brewery Planned Action Environmental Impact Statement - to identify a mitigation site along the Deschutes River corridor so work on the mitigation plan can begin,” said Carlson. Carlson said he will keep Little Hollywood posted when the city decides on a site and the draft mitigation plan is submitted for review.

Carlson provided Little Hollywood with a map that indicates two disturbed wetland areas directly south of the brewhouse on the hillside containing artesian springs. The area disturbed by grading and fill placement encompasses a combined 5,011 square feet.

There are currently no permits in place at the Old Brewhouse site, says City of Tumwater building official John Darnell.  

“The stop work order is still in effect. They will need to submit plans and engineering to us for review before any additional work can be completed….The on-site erosion control measures that the city required the owner to put in place are complete. I will continue to monitor throughout the winter,” said Darnell.

Above: An aerial photograph taken this morning over the Old Brewery and the Deschutes River.

 

Role of the Tumwater Historic Commission

Meanwhile, the Tumwater Historic Commission reviews applications for projects within the historic district and approves or denies applicant requests for a certificate of appropriateness, which is required as a part of the permitting process.

The commission is looking at several upcoming projects which will require the historical commission’s review before they are approved for development, including projects at the Old Brewhouse.

Chuck Denney, City of Tumwater Parks and Recreation director said George Heidgerken, owner of the historic Old Brewhouse property, does not have a Certificate of Appropriateness before the Historic Commission at this time. 

“….Should any of his brewery projects solidify and he reaches the point where he is submitting paperwork for a development permit – meaning he has a site development plan and is prepared to move forward with construction – he will then be required to obtain the certificate from the commission as a part of the permitting process.  The work he is currently doing does not trigger that requirement. There are several projects in the planning stages in the Historic District that may require the commission’s approval.  Those may include something from Mr. Heidgerken, but also include development of the Deschutes Valley Trail through the Historic District and the reconstruction of the fish hatchery at Tumwater Falls Park,” said Denney.

Public Comment to Proposed Land Use Options

Several state agencies, local governments, nonprofit organizations and individuals weighed in by the October 20 deadline to comment on the city’s land use determination of significance for redevelopment of the site.

The Nisqually Indian Tribe, Washington State Departments of Archaeology and Historical Preservation, Natural Resources, and Ecology, City of Olympia, LOTT Clean Water Alliance, Black Hills Audubon Society, Deschutes Estuary Restoration Team, South Puget Environmental Education Clearinghouse (SPEECH), and the World Temperate Rainforest Network plus seven individuals provided the City of Tumwater with detailed comments about the proposed land use options provided by the city.

Jackie Wall of the Nisqually Indian Tribe, wrote, “The Deschutes River is a very Culturally Sensitive Area that was used by our people for thousands of years. The Nisqually Indian Tribe requests an Archaeological Survey be done by a qualified Archaeologist before there are any ground disturbing activities. I would like to receive a copy of the survey results. The Nisqually Indian Tribe also requests that an Inadvertent Discovery Plan be put in place for this project.”

She also asked to be informed if there are any inadvertent discoveries of archaeological resources or human burials.

A letter and paper submitted by Pat Rasmussen documents that the Steh-chass people lived in a permanent village at the base of Tumwater Falls for time immemorial.

“The village was originally Nisqually but after the Treaty of 1855 became part of Squaxin Island, in their Stehchass Inlet. As the Steh-chass were driven from the permanent village site by settlers who took it over, some fled to Nisqually and others to Squaxin, so there are likely descendents with knowledge of what happened there.” 

She attached an 1854 map she received from the Washington State Historical Society that shows the area with the name Steh-chass on the river, now called the Deschutes River.

For several past stories on Tumwater and its Brewery District Plan, the Old Brewhouse owner and developer George Heidgerken, and the stop work order, go to Little Hollywood, www.janineslittlehollywood.blogspot.com and type key words into the search engine. Recent stories were posted on February 19, October 12, October 16, October 30, and November 5, 2014.

Editor’s Note: Janine Unsoeld also met the October 20 deadline to comment on the city’s Determination of Significance and as a private citizen, requested a stop work order on all activities at the Old Brewery site. This is documented in an article on Little Hollywood dated October 30, 2014. Unsoeld is also a long-time board member of the South Puget Environmental Education Clearinghouse (SPEECH), a 25-year-old nonprofit organization that publishes the South Sound Green Pages.

Above: An aerial photograph taken this morning approaching the Old Brewery from Olympia places the site in the context of the Deschutes River, Tumwater Historic Park and Interstate 5.

 

City, Tribal Partnership Creates a New Water Source for Olympia

City, Tribal Partnership Creates a New Water Source for Olympia

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Above: Tribal elder Bob Sison holds a commemorative glass given to participants of today’s dedication of the McAllister Wellfield, the site of Olympia's new water supply.

 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

“This is the beginning of a new journey. Father, Grandfather, hear me, Spirit of our People, hear me. We thank you, thank you for joining hands with another world. We thank you for the mountain, for it brings us the water, the water that we will share. May the mountain never run dry, or if it does, so will our lands, so will our people. Watch over and guide and protect everyone who is here. Give them your physical, mental and spiritual strength…show them the way….You’ve brought our people a long ways, you’ve left us the gift of water. Let the rivers never run dry…the pumps…keep them strong. Keep the water flowing, for this is an honor to join hands with Olympia, their people. We pray that the water will give them strength, especially to the children. Help them to remember, teach them, teach them the way, the way it was. The pure of the water, the pure of the land. We ask this, we thank you Grandfather, Creator of Heaven and Earth….Masi…masi…” Tribal Elder, chaplain Bob Sison, offering the blessing at today’s dedication of the McAllister Wellfield.

And so began an emotional ceremony today as local city and state officials and tribal representatives spoke at the dedication ceremony of Olympia's new water source at the McAllister Wellfield today.

Words such as ‘commitment,’ ‘visionary,’ and ‘challenging,’ were also used to describe the efforts that led to today’s event, which marked a unique partnership between the City of Olympia and the Nisqually Tribe.

The city’s new wellfield replaces McAllister Springs, which is located on Nisqually tribal land, as the city’s primary water source. Located about a mile away from the Springs on 20 acres of city-owned property on St. Claire Cut Off Road SE, the new site includes over 160 surrounding acres that are protected from future development.

The McAllister Wellfield water supply will provide high quality, protected drinking water to the regional community over the next 50 years and beyond.

Putting that figure into perspective, the Nisqually Tribe has been using McAllister Springs, which they call Medicine Springs, for 10,000 years.

Living in peace and prosperity in their original homeland of over two million acres, Nisqually land encompassed the present towns of Olympia, Tenino, Dupont, Yelm, Roy, and Eatonville, and extended to the top of Mount Rainier.

In her remarks, Nisqually Tribal Chairperson Cynthia Iyall said, “….Looking around, you see fir trees, you see cedar, you see cottonwoods, you see oak trees…all these different trees are living together, harmoniously, and they share the same water. I was told when I was younger that cedar loves to be near the water, near the river because they loved to dig their roots in, to get their toes wet. And that was so important to the Nisqually tribe because it was such a mainstay in our lives. It’s used for clothing, for protection, for housing, all kinds of things, so we’re glad to be a part of your forest, and you’re a part of our forest and we are so glad that all these seedlings…coming up for the next generation will have safe water….”

Iyall thanked her mentor, tribal elder and former Nisqually tribal councilmember, Larry Sanchez, for creating much of the early framework and shared vision for the project.

She later said that the Nisqually Tribe will develop a water supply at the wellfield in a future phase.

Above: Lacey Mayor Andy Ryder and Lacey Mayor Pro-Tem Cynthia Pratt cautiously peer into the drain after the Wellhouse 1 pump is turned on for show and tell. The pump uses a 700 horsepower motor, the same as a NASCAR race engine, and pumps 6,000 gallons of water per minute. The well is at a depth of 425 feet.

Rich Hoey, public works director for the City of Olympia, explained the project as a steady stream of elected officials, city staff, and those associated with the project walked through Wellhouse 1.

Seeing the infrastructure first-hand helped to visualize the process of how water from the ground manages to travel the eight and a half miles to the city of Olympia.

There are three wells, each ranging from 370 to 425 feet deep, with an initial pumping capacity of 15 million gallons of water per day. The wellfield project cost $13.7 million to design and construct, paid largely with low-interest loans from the Washington Drinking Water State Revolving Fund.

Partnerships  

Aside from physical pipes and plumbing, today’s ceremony was also about partnerships. In a process that began nearly 22 years ago, the Olympia-Yelm-Lacey water supply project has involved a collaborative effort assisted by the state Department of Ecology, the state Department of Health, the cities, and the Nisqually Indian Tribe.

“It’s a spectacular piece of property,” said Hoey before the ceremony. “It’s an amazing accomplishment, knowing it’s high quality water – we’re in good shape. It’s a remarkable thing to have this level of confidence in our water….”

Ecology Water Resources Program Manager Tom Loranger was the most specific in detailing the lengthy legal process it took to get this point.

“It took persistence and partnerships and risk taking. There were discussions about mitigation and offsets. What does the law say? How do we develop projects? There were tough times and discussions….There was no template for doing it. New court decisions changed what we had to do….” Loranger credited the Smith Farm acquisition several years ago as a critical piece of the project.

According to City of Olympia records, the cities of Olympia, Lacey and Yelm jointly purchased about 200 acres of the farm because it was a critical cold water spring source. Ceasing intensive agricultural activities on the land combined with habitat restoration directly improved the summer flows to large portions of the Deschutes River.

“….It was huge…a mile of riparian habitat restored gave it the final legs that could get it done. We have not seen anything like this. I talk about it all the time around the state. There were so many partners, and a number of pieces in play. It’s the gold standard of mitigation to improve the environment….(The state department of) Fish and Wildlife has testified to that…the amount of persistence…you made the choice to take some risks and get this done.”

After the ceremony, Lacey Mayor Andy Ryder said, “The fact that all these communities came together is historic and something to be proud of…it should be used as a model for more accomplishments, like clean air. This project was a new trail, it took time. It was true regionalism.”

Andy Haub, public works planning and engineering manager for the City of Olympia, said that the city will start tapping the McAllister Wellfield in about a month.

 Above: Reese Gaer,3, and his father Ken Gaer, look over the McAllister Wellfield area after today’s ceremony. Reese's mother, Shari Gaer, is employed with the wellfield 's design consultant, Gray & Osborne, Inc.

Editor’s Note: Several Native words were used in the remarks by tribal elder Bob Sison and Nisqually Chair Cynthia Iyall. Little Hollywood apologizes for not knowing how to write those words. Asked later what “….Masi…masi….” meant, Sison said, “It means thank you. It’s a very thankful word….”

A Brief History

McAllister Springs has supplied most of Olympia’s drinking water since 1949. Studies indicated that the springs are susceptible to land use impacts, which could diminish water quality during periods of heavy demand and drought. To address these concerns, the City of Olympia decided to replace its supply source with high-capacity wells.

In the 1990s, the city identified and purchased 20 acres for a wellfield. Studies of the site showed that the wellfield site taps a large sustainable aquifer with high quality water.

In May 2008, the City of Olympia and the Nisqually Indian Tribe entered into a historic agreement - the first such agreement between a tribe and a municipality in the country - to jointly develop the new regional water source at McAllister Wellfield.

In 2012, after working together for many years to gather data, refine computer models and predict potential impacts, the state Department of Ecology presented the Olympia City Council with the final approval for transferring water rights to the new wellfield.

Subsequent construction projects included a nearly one mile of 36-inch diameter pipeline to connect the new wellfield to the city’s existing water transmission main at McAllister Springs.

Above: Participants of today’s celebration and dedication of the McAllister Wellfield include, left, public works director for the City of Olympia, Rich Hoey, local elected officials including Olympia and Lacey city council members, Nisqually Tribal members and staff, and members of the public. Olympia Mayor Stephen Buxbaum, in brown suit with blue shirt, is standing next to Nisqually Tribal Council Chairperson Cynthia Iyall.

 

Crazy Faith Pastor Ben Charles Fined For Using Downtown Parking Lot; Hearing Today

Crazy Faith Pastor Ben Charles Fined For Using Downtown Parking Lot; Hearing Today

tribe  

Above: Crazy Faith Outreach pastor Ben Charles, right, meets with his wife, Denise, and his attorney, David Roland, before his civil infraction hearing this morning at the Lee Creighton Justice Center in Olympia. Charles was cited and fined on June 19 in violation of a city code for using a downtown parking lot without a permit to serve food to street people.

 

By Janine Unsoeld

www.janineslittlehollywood.blogspot.com

The City of Olympia came prepared for battle this morning at a civil infraction hearing against Crazy Faith Outreach pastor Ben Charles.

Charles was cited on June 19 by the City of Olympia and the Olympia Police Department for using a downtown parking lot without a permit. Crazy Faith was using the lot to feed street people, an activity they have done for about four years. The city owned lot in question is on the corner of Washington and State streets, located across from the Intercity Transit station.

Charles was fined $103. The citation was not given to Charles directly, but mailed to a reservation address. Charles is a member of the Lower Elwha Klallam Tribe.

The city was represented by attorney Jeffrey Myers with assistance by deputy city attorney Darren Nienaber. Presenting multiple exhibits over the objections of Charles’ attorney, Myers worked to illustrate that the city has informed Charles and Crazy Faith Outreach that they are in violation of city code OMC 10.16.140, as passed by the Olympia city council in December 2013. The city stated that it has offered alternative locations for Crazy Faith to conduct its mission of feeding street people.

The city ordinance states, in part, that lots may only be used for parking, unless an activity is authorized by a city issued permit, lease or unless the activity is conducted by the city. Crazy Faith uses the parking lot for its service to feed those who come on Thursday and Saturday evenings.

Charles is being represented by former Olympia based Freedom Foundation constitutional rights attorney David Roland, who is now with the Freedom of Missouri.  Roland requested that the case be dismissed, challenged the amount fined, and found inconsistencies in Officer Paul Lower’s report.

Given 20 minutes notice, Municipal Judge Christopher Coker presided over the case, replacing Judge Scott Ahlf, after Ahlf revealed a possible conflict of interest.

The non-traffic civil infraction hearing often felt like a criminal trial, and lasted one and a half hours.

While Myers produced maps, email exchanges, and letters, Roland raised multiple objections that the city was trying to call into question matters that were beyond the scope of the citation. At one point, after Myers asked Charles if he had a permit through the state department of health, and whether or not he believed in the Bible, even Judge Coker asked where Meyers was going in his line of questioning. 

Roland also pointed out inconsistencies in Olympia Police Department Lieutenant Paul Lower’s report. Lower, who has been with the department for about 18 years, is assigned to walking patrols and specialty operations with a focus on downtown.

Although Lower checked the box on the citation indicating that he had checked Charles’ identification, Lt. Lower testified on the stand that in fact he did not check Charles’ identification on that evening, but had on a prior occasion.

In his report, Lower wrote that, “he (Charles) arrived with a large white van…from this van he and other members of his group unloaded large tents and multiple tables and merchandise….” Roland questioned the use of the word “merchandise,”  and Lower admitted that he didn’t know what word to use, but the “merchandise” was in fact food, and there was no buying or selling observed.

Lower also said that he had spoken with City Manager Steve Hall and city attorneys prior to issuing the citation, and that Hall and city attorneys knew that he was going to issue a citation that evening.

Crazy Faith Continues Its Mission
 

Crazy Faith has continued to serve food and beverages to street people since the citation was issued.

“It gets busy toward the end of each month,” said Charles outside the courtroom before the hearing.

“A lot of folks are now telling me that their hours, if they work, are being cut to 25 hours a week. We’re feeding 4,400 servings of food per month. There’s still a great need. Not only is the physical food a benefit, but I believe we are providing emotional and spiritual support as well.”

Crazy Faith supporters Amy and Shea Renecker joined Charles and his wife Denise before the hearing. They said they have been helping serve food with Crazy Faith for almost a year. They said that Papa John's Pizza on the Westside has been especially generous in providing food.

“It’s a service that’s desperately needed in our community – we bring our daughter down and she serves the drinks,” said Shea Renecker.

“The Crazy Faith feed is a safe place, a neutral area. We’re feeding people. It’s a peaceful gathering where people get fellowship. If you need to pray for something, come….” The Reneckers dispute reports that the feeds have posed any problem to downtown businesses.

“We have contact with the Olympia Police Department all the time. They walk on through just to see if everything is o.k. There’s never been an arrest at one of our feeds. We’re being part of the solution to downtown crime. The Harlequin Theater manager even says there’s less crime on the nights we’re here….” said Renecker.

After the hearing, attorney David Roland said that he suspects the city is using Charles as a test case, and that the city hasn’t taken further action against Charles because it wants to see what their next step should be.

“I find it appalling that (the city) wants to reserve this space for a 'better class' citizen. Not everyone can afford cars. The city can’t condition a constitutional right to gather as long as they are peaceful and that’s the definition of what Crazy Faith has been doing – they are doing this for a laudable purpose.”

Judge Coker said he would issue a decision in the case in about a week.

For more information about Ben Charles and the mission of Crazy Faith Outreach, go to www.janineslittlehollywood.blogspot.comand use the search button for past stories.

The Passing of Billy Frank Jr.

The Passing of Billy Frank Jr.

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Above: Billy Frank Jr., fourth from the left, is the only one looking at me in this previously unpublished group photo at the conclusion of a Puget Sound Partnership Leadership Council meeting on January 17, 2014 in the GA Building in Olympia. 

 

by Janine Unsoeld

www.janineslittlehollywood.blogspot.com

 

I usually attend Puget Sound Partnership leadership council meetings when they are held in Olympia just to hear Billy Frank, Jr. speak. And when he spoke, everyone listened.

 

Billy Frank, Jr., serving as Chair of the Northwest Indian Fisheries Commission, has forged cooperative agreements which include the interests of tribal, commercial, and sports fishermen, while protecting and advocating for the fisheries resources of future generations.

 

In my January 16 Little Hollywood blog post at www.janineslittlehollywood.blogspot.com, I briefly quoted Frank, who wanted to help incoming Partnership director Sheida Sahandy and Governor Jay Inslee better understand the dire situation and the need to better describe the Puget Sound story:

 

"We have a lot of problems...the salmon can't get to the Narrows Bridge before they die...same with Squaxin coho...there are no flounders anymore, the little critters are all gone...." Billy Frank Jr. told Inslee and Sahandy.

In a press release today, Washington State Jay Inslee said, "Washington lost a true legend with the passing of Billy Frank, Jr. today.

"He was a selfless leader who dedicated his life to the long fight for the rights of our state's native people. Billy was a champion of tribal rights, of the salmon, and the environment. He did that even when it meant putting himself in physical danger or facing jail.

"I'm thankful Billy was here to see the 2014 Legislature pass a bill helping to overturn convictions from treaty protests. Billy was right on this issue and the state owed this gesture of justice to him and others who jeopardized their liberty to fight for treaty rights.

"Billy never wavered in his conviction and passion. He stressed to me the spiritual and cultural relationship that indigenous people have with salmon.

"His work is the foundation of an enduring legacy that will never be forgotten in Washington state.

"He once said, 'The Creator put that salmon there for it to survive.' I thank the Creator for putting Billy here to make sure we never forget what he fought for.

"Trudi and I send our condolences to Billy's family, friends, tribal members and everyone across the state and the country who mourns the passing of this great man."

Above: Billy Frank Jr., left, speaking at a Puget Sound Partnership meeting on February 6, 2013 in Olympia. When Billy spoke, everyone listened.