Acme mining proposal draws concerns

Many want county to complete Environmental Impact Statement

by the Foothills Gazette
ACME – Local residents are voicing concerns over a proposal to expand mining in the Acme area and are asking Whatcom County Planning to consider the proposal’s cumulative impacts.
Concrete Nor’West, based in Burlington, had filed an application asking for a rezone of 280 acres near Doran Road from Commercial Forestry to a Mineral Resource Lands (MRL) designation. It is the company’s  intention, if the change was to be approved, to proceed with mining in the area. Company representatives have said the property contains high level sand and gravel deposits, materials that are in short supply in Whatcom County.
Initially, in the environmental review, referred to as SEPA (State Environmental Policy Act), Whatcom County Planning issued a Determination of Non Significance (DNS), stating “no probable significant adverse environmental impacts are likely.” The Planning Department then opened the decision up to public comments through Dec. 15, 2009, and received approximately 120, according to Current Planning Supervisor Tyler Schroeder. In response to those comments, Whatcom County Planning withdrew its DNS finding on Dec. 28 and reissued a Mitigated Determination of Non-Significance (MDNS). Upon this determination, Planning Director Stalheim wrote in an open letter that a “phased review of this application is appropriate” under SEPA.
Simply put, the decision basically states the rezone would not be implemented until after the company had applied for mining operation permits, and county staff could determine the level of environmental impacts. “This is an appropriate path for this non-project action that acknowledges the need for new locations for mineral resources supported by the Whatcom County Comprehensive Plan, while also recognizing the public’s interest in protecting the environment and surrounding land uses from potential significant adverse impacts.”
In response to the department’s findings, the latest round of commenting ended on Jan. 12, resulting in 96 comments, Schroeder said. The content of the comments could not be confirmed as of press time, but it appears most of the comments requested the department issue a Determination of Significance (DS) and complete an Environmental Impact Statement (EIS). Many asked the department to view the rezone application and mining under the same environmental review. “These two actions are derived from a single proposal; without Concrete Northwest’s desire to place a quarry in that location, there would be no reason to rezone the land,” one comment stated.
“If the larger project is considered in phases, as you suggest, the proposal to rezone these 280 acres has profound and lasting impacts,” wrote Anna Martin, of Osprey Hill Farm in Acme. “The decision to rezone is directly tied to the intent to mine and a phased review is not appropriate in this case because it would merely divide the project up into exempted fragments in order to avoid proper environmental considerations.”
Many comments stated the cumulative impacts of the entire project are not being considered through the MDNS finding. Concerns include water and air quality, impacts on salmon in local rivers, negative effects on the small, sustainable farms in the South Fork Valley, noise, and disturbance of acquifers, among others.
Several farmers have acknowledged large-scale farms would not likely be impacted by a mining operation as much as small, sustainable farms would be. “Our livelihood as organic farmers and seed producers depends on the integrity of our farm environment… At a time when there is a huge amount of public support for preserving farmland and establishing regional food security, such a proposal which would threaten working farmland seems backward and counter to public opinion,” wrote Brian Campbell and Crystine Goldberg of Uprising Organic Farms.
A public hearing tentatively scheduled for Jan. 28 in front of the Whatcom County Planning Commission will not be held, according Planning Director David Stalheim. “The hearing will be pushed back, likely to next year,” Stalheim said via e-mail. “We anticipate an appeal of the SEPA decision, and until that is resolved, we cannot move forward to a hearing.”
Applications to appeal the findings must be submitted by Jan. 22.
“Comprehensive plan amendments can take place no more frequently than once per year,” Stalheim added, “so the next opportunity will have to come after the SEPA appeal, and Council action could not take place until March-April 2011,” Stalheim said.
Concrete Nor’West could not be reached as of press time.
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