Parties agree to process for discussions about gravel mining proposal, environmental projects

Washington State Department of Ecology

Department of Ecology News Release - November 16, 2009

09-268

Parties agree to process for discussions about gravel mining proposal, environmental projects

OLYMPIA – Four parties in discussions around protecting Sequalitchew Creek from potential impacts from a proposed gravel mine expansion near DuPont are close to signing a new memorandum of understanding (MOU).

CalPortland (formerly Glacier Northwest), the city of DuPont, the Washington Department of Ecology and a coalition of environmental interests have verbally agreed this week on a MOU that outlines the process the four will use to consider revisions to the company’s proposed project.

The MOU defines a collaborative process intended to identify and evaluate the feasibility of options for improving or restoring ecosystem functions in the Sequalitchew Creek’s watershed. The parties anticipate that the feasibility study will inform subsequent revision and review of the project.

Along with a mining expansion, the company proposed a dewatering plan featuring a 4,000-foot engineered channel that would flow into Sequalitchew Creek and support fish.

The new memorandum is rooted in a 1994 settlement agreement between Lone Star Northwest (Glacier and CalPortland’s predecessor), Ecology, DuPont and the environmental community.

That agreement settled two decades of environmental disputes and appeals of shoreline development plans by expressing a new vision for the shoreline’s use and protection while providing an agreed-upon location for a new dock to ship mining products. It also created a dispute resolution process which was triggered in January by the Nisqually Delta Association.

A professional mediator led two sessions with the parties since late spring, leading to this new memorandum of understanding.

Among other things, the memorandum calls for:

A study to identify and evaluate the feasibility of ecosystem restoration or improvement options in the Sequalitchew Creek watershed.
Public participation and review.
Further discussions to make sure the proposed mining expansion is consistent with the 1994 settlement agreement and other concerns of the parties.

Here’s what the four signatories on the memorandum said about reaching this new understanding:

“The city is willing to allow additional fact finding and problem solving to occur within the parameters spelled out in the MOU. Our primary concern has been to protect the land-use process and ensure that whatever happens by virtue of the MOU does not create new legal risks for the city. We have assurances in the MOU that satisfy that primary legal concern,” said Bill McDonald, city administrator for DuPont.
“We believed the 1994 settlement agreement would protect Sequalitchew Creek forever,” said Tom Skjervold, the Nisqually Delta Association president. “We’re at the table to ensure that the promises of the 1994 Settlement Agreement are kept.”
“We value the fact that our partners, the community and stakeholders in the 1994 agreement are collaborating to find the best path forward,” said Pete Stoltz, CalPortland permit manager and biologist.”Our goal is to achieve a sustainable balance between environment and industry.”
“Ecology is encouraged by the process this MOU creates for addressing the tough questions and concerns this expanded gravel mine proposal brings,” said Sally Toteff, Ecology’s regional director. “We support a resolution that maintains protections for water quality and shorelines and promotes a healthy ecosystem.”

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Media Contacts:
Larry Altose, Ecology media relations, 425-649-7009
Tom Skjervold, Nisqually Delta Association, 360-485-9470
Bill McDonald, DuPont city administrator, 253-967-8121
Pete Stoltz, CalPortland, 206-764-3000

To read the draft memorandum of understanding, visit the city of DuPont’s Web site: www.ci.dupont.wa.us/files/library/0d7501e5f2682dda_o.pdf