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Department of Ecology News Release - May 29, 2008
08-145
OLYMPIA – A Lewis County developer is receiving a $232,000 fine from the Washington Department of Ecology (Ecology) for failing to stabilize soils on his 190-acre site as required by a water quality order.
Property owner Phil Smith logged and scraped tree roots, shrubs and other vegetation from most of his Winlock-area property in 2007 without any environmental permits. After making attempts to help Smith comply with the law, Ecology issued an order in December requiring Smith to stop land-clearing activities, submit and implement a plan to stabilize the soil on the site and apply for a construction stormwater permit.
Smith appealed the order in January, saying he did not need the stormwater permit because he cleared the land to plant hay. He still has not stabilized the site or applied for the permit.
“There are many people in Washington working very hard to protect water quality and bring back our state’s fish runs. That’s why it is so shocking to encounter someone who decides the laws should not apply to him,” said Kelly Susewind, Ecology’s water quality manager. “Because Smith literally scraped clean almost 200 acres of poorly draining land before the rainy season and refused to take actions to control runoff, we have a winter’s worth of sediment runoff choking some pretty valuable habitat.”
At least half of Smith’s property along Interstate 5 near exit 63 is known to be wetlands. Parts of salmon-bearing Lacamas Creek run through the property, as well as other fish-bearing and seasonal streams.
The penalty is based on Smith ignoring the order’s most immediate environmental protection requirement: taking steps to stabilize soil and prevent muddy runoff. When land is cleared and the exposed soils are not properly controlled, the runoff can erode stream banks, add to downstream flooding problems and damage the stream bed.
The muddy runoff can cause problems for fish-bearing creeks and streams because the additional sediment can injure or kill fish and smother eggs. Lacamas Creek is home to sea-run cutthroat, chum, coho and Chinook salmon.
Ecology first learned of the unpermitted land clearing in early October. On Oct. 19, Ecology staff, joined by representatives from Lewis County and other jurisdictions, inspected the site. At that time, they documented muddy runoff getting into Lacamas Creek from the denuded site.
Ecology sent Smith a letter on Oct. 25 requiring him to immediately stop stormwater runoff from the site, stabilize soils and apply for the state-required stormwater permit. This permit is required any time more than one acre of soil is disturbed or graded. It ensures that best management practices are used to prevent an increase in flooding, protect aquatic habitat and keep pollution from entering state waters. Depending on the project, local government permits may also be required.
Smith did not complete any of these requirements, leading to Ecology’s administrative order in December.
Smith has proposed that his property be used for a regional equestrian center, although it has not been approved for purchase by the Public Facilities District (PFD). The PFD has until January 2011 to break ground on a site if they are to receive $8 million in sales tax for a regional equestrian facility. One criterion for site selection is the capacity to secure the local, state and federal permits in time for the 2011 deadline.
Ecology Director Jay Manning says the agency supports an equestrian regional facility in Lewis County and wants to help. He would like to work with the PFD and potential developers to find properties that could gain permits in the timeframe needed to meet the PFD and Regional Equestrian Center deadlines.
“This site has big problems, and repairs and restoration will take years. In order for Ecology to determine if permits could be issued, the site will need to be restored to the condition it was before it was logged and cleared,” Manning said. “Had Smith gone through the permitting process, he would have found out the limitations on what development could occur on his site.”
“Ecology is ready to help find a location that is suited for the regional equestrian center, able to gain necessary permits and allows Lewis County to benefit economically, socially and environmentally,” he said.
Ecology is working with federal agencies to investigate potential wetlands and federal water quality violations stemming from Smith’s actions at this site. Additional enforcement actions are likely.
Smith will have 30 days to pay the fine, file an application for relief with Ecology or appeal the penalty to the state Pollution Control Hearings Board.
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Media Contact: Kim Schmanke, 360-407-6239 (desk) or 360-791-9830 (cell)
For more information:
Stormwater permits –
http://www.ecy.wa.gov/programs/wq/stormwater/construction/
Wetlands –
http://www.ecy.wa.gov/programs/sea/wetlands/index.html
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
