Guemes ferry study defies judge’s order
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May 25, 2008 - 06:39 PM

By GARY DAVIS
Voices of the Valley

The Skagit Valley Herald’s editorial of May 16 (“Guemes ferry dispute is the wrong fight”) encourages Friends of Guemes Island to accept the results of Skagit County’s Determination of Non-Significance, a ruling regarding the impact of extended weeknight ferry hours on the island’s fragile rural environment. Friends of Guemes Island would have been happy to do that, if only the county had provided the scientific evidence required to support its claims.

The county’s determination was developed only after Friends took the county to court for its failure to consider the environmental impact of extended weeknight ferry runs before approving the extension two years ago. In ruling in November 2007 that the county had to do better by its residents, Judge James Allendoerfer stated unequivocally that the county had to conduct a comprehensive environmental review before the late-night hours could be extended beyond June 30, 2008.

In his decision, Judge Allendoerfer wrote that the county must complete a “SEPA (State Environmental Policy Act) compliant environmental review, including, among other issues, the probability of induced growth, and the direct and indirect adverse environmental impacts resulting from the same.” This decision is an affirmation of the law, and the county must uphold it. That is why judges step in when elected officials fail to meet the standards of the public trust that accompany their oaths of office.

Judge Allendoerfer did not mince words in his ruling last year. He recognized that we are talking about more than “just a couple of evening ferry runs,” as the Herald has put it. Rather, the extended runs create what the judge called a “commuter ferry” that creates a new bedroom community for Bellingham, Everett and even Seattle.

Judge Allendoerfer wanted much more homework done on SEPA requirements — precisely the work that Skagit County first ignored when it started the later runs. He indicated unequivocally that he wanted the county to do more inquiry on the island’s water supply.”

Sadly, the county’s determination that no significant impact would ensue fails to meet the requirements that have been set for the county by the court on several key fronts.

No new research was conducted by the county to respond to the court’s directive. The determination was based entirely on existing documentation, which, when considered by the court in 2007, was deemed inadequate for determining the impact of expanded ferry operations on the island’s fragile aquifer and environment.

Instead of conducting true scientific study of the island’s hydrogeology, the county’s ruling blames the islanders for the saltwater intrusion in wells that we are already experiencing, claiming it is “limited to specific locations and due principally to faulty design.” The county previously approved permits to drill these wells in areas experiencing saltwater intrusion. Rather than effectively managing our limited water supply (which is its job), it would seem that the county has been blinded by the dollar signs associated with inflated property values that the extended ferry hours have carried over from Fidalgo Island.

The Herald quotes the county’s hydrogeologist’s claim that “there is no connection between development and the ferry runs.” This statement underscores the absurdity of the county’s determination. A hydrogeologist is an expert on groundwater, not on the complex relationship between ferry operations and growth.

Rather than making statements about the ferry schedule, we would encourage the county’s scientists to do their job. Perhaps they could start by mapping the critical areas associated with the aquifer that provides the island’s drinking water, something the county has failed to do.

Unlike Skagit County’s staff, Judge Allendoerfer clearly recognized that the extended weeknight runs to the island will impact the island’s future growth and ordered that the county study this impact. Did the county, as part of its nonsignificance ruling, study the induced growth associated with making a rural location more accessible and convenient?

Again, sadly, no. Instead, it reported on the number of building permits issued for Guemes Island during a publicized “trial” period during a sharp downturn in the real estate market. Developers wouldn’t necessarily rush to secure permits until there was more certainty in both the ferry schedule and the demand for new homes. Common sense seems to counter the county’s limited and useless data.

The county’s mantra appears to be that “development happens.” This is a distressing statement, coming from a government that is supposed to be effectively managing growth rather than simply standing next to its treasury to fill its coffers as growth occurs unchecked.

Judge Allendorfer indicated he would want to grade the county’s homework related to compliance with SEPA. This is why, should the Skagit County commissioners vote in June to make the two-year trial run of late weeknight ferry runs permanent, Friends of Guemes Island feels confident in returning to court one more time. We don’t think that the county will earn a passing grade.

* Gary Davis is president of the Friends of Guemes Island. He is a permanent resident of the island and is sole proprietor of Guemes Sunrise Coffee Roasters.






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