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Project hit with stop work order

Published on Fri, Aug 27, 2010 by By Meg Olson

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Whatcom County issued a stop work order to the Point Roberts Beach Club as permits and appeals on the project headed into their second day of public hearing.

On August 17 senior planner Suzanne Bozeman posted the stop work order at locations around the project site on Claire Lane, APA Road and Paul’s Road. The order states that the land disturbance permit under which applicants had felled a dozen larger trees was issued in error. The permit is suspended “until a final determination has been made” on an appeal of the county’s State Environmental Protection Act (SEPA) determination now before the county hearing examiner.

The stop work orders were removed the evening after they were put up but have since been re-posted. Lafe Hermansen of Core Design Inc. said it was his understanding no one associated with the project removed the signs.

Project applicant Anders Kruus of Lily Point LLC said the trees cleared were part of the roadways for the proposed 103-unit subdivision and that with a county approved permit in hand they “felt comfortable we were on board for logging.” He added work on the site had now ceased.

On August 13 hearing examiner Michael Bobbink heard more than five hours of testimony in an appeal of the county’s determination of non-significance on the project which found that sufficient studies had already been done and that a full environmental impact statement process was unnecessary.

David Bricklin, lawyer for the Resource Management Group, disagreed. “An EIS is necessary to fill in the data gaps,” he asserted. Witnesses gave evidence on the value of the area, specifically the eastern 40 acres referred to as the “Goodman property,” as wildlife habitat and mature forest offering irreplaceable biodiversity. Current reports on the project did not adequately represent the ecological value of the property or the potential impacts of the project, they said.

The hearing wrapped up August 19 at the county courthouse in Bellingham. The hearing examiner is considering the preliminary long plat application and shoreline substantial development permit for the proposed subdivision as well as the SEPA appeal. The county staff report has recommended approval of the project subject to a long list of conditions. The report is available at www.co.whatcom.wa.us/pds/plan /current/projects/pt-roberts/index.jsp.

The hearing examiner has given all parties until August 31 to submit final comments. Rebuttals and closing briefs need to be submitted to the hearing examiner by September 3. The hearing examiner may address both the permits and the appeal in a single decision or separate the issues.

Lily Point LLC may no longer own the 40-acre property by the time the decision is issued. First Savings Bank Northwest has initiated foreclosure proceedings on the property and it is currently scheduled to be sold at auction on September 17 at the Whatcom County courthouse.