Lummi Island Quarry County Fines Owner for Shoreline Violations

Meredith Moench is president of the Lummi Island Conservancy. For updates and additional information go to www.lummiislandquarry.com

by Meredith Moench

Part 8

County Fines Quarry

On July 23, 2012 Whatcom County Planning and Development Services (PDS) ordered Lummi Rock LLC (dba Aggregates West) to pay a total of $7,000 in fines for violations of the County’s Shoreline Management Program (SMP): 1) $3,000 for failing to comply with a Stop Work Order issued on June 4, 2012 prohibiting use of the unpermitted pier/conveyor barge loading facility; 2) $3,000 for continued use of the unpermitted accessory moorage in violation of a second June 4 Stop Work Order; 3) $1,000 for failure to submit an engineered stormwater plan as ordered June 4, 2012. (This SMP violation reiterates the state Department of Ecology’s previous order to submit an engineered stormwater plan March 2011.)

The severe level penalties levied are the first issued for shoreline violations at the quarry and cite significant threats to public safety or the environment, including

• Threat to marine wildlife and/or their habitats;

• Threat to water quality;

• Threat to air quality;

• Threat to natural beach action;

• Threat to human health

Lummi Rock LLC(Aggregates West) was given three days to come into full compliance before $1,000/day fines per violation would begin. County staff has followed up with an inspection of the site and says they “appear” to be in compliance. A second ramp loading barge facility was not affected by the orders and remains in use.

The two Stop Work Orders were issued by Whatcom County PDS June 4, 2012 in response to several November 23, 2011 shoreline violations occurring at the Lummi Rock LLC quarry located on the eastern shore of Lummi Island. (see Whatcom Watch January 2012) The shoreline on which the quarry is operating has “conservancy” status of statewide significance and is subject to regulation by the Whatcom County Shoreline Management Program. A third Stop Work Order remains in effect for the unpermitted access road at the quarry.

Sunken Barge Removal To Resume

Aggregates West has stated that they plan to resume removal of the remaining sunken barge sections resting on state tidelands at the quarry (as ordered by the state Department of Natural Resources in 2011). Salvage personnel were unable to complete the work in time for the March 2012 “fish window” closure protecting juvenile salmon in the area. The closure ended June 15 and quarry personnel have assured the state Department of Ecology that they will resume removal the week of August 20th.

Several oil spills were reported during the February/March 2012 removal operations due to oil left in the two converted ship hulls which sank sometime in 2010. The state Department of Ecology became involved in the clean-up and will be monitoring the removal procedure when it resumes. The removal has also required the approval of permits from the Washington Departments of Fish and Wildlife and Natural Resources.

Water Right Application Stalled

In May 2011, Lummi Rock LLC applied for a water right permit to legally withdraw surface water for the purpose of dust control. The quarry has been illegally withdrawing water for this purpose for many years and was first told by the Department of Ecology they needed a water right in August 2007. (See Whatcom Watch February 2012) Despite this, they continued to withdraw water illegally while claiming that they had redesigned their water collection system in compliance with the law. Citizen complaints led to the May 2011 application. The process has been stalled, however, as the application was found to be incomplete and inaccurate and has been returned to Lummi Rock LLC for revision. The quarry continues to withdraw surface water on a 24/7 basis despite the lack of a legal water right.