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FRIENDS OF THE SAN JUANS |
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Friends Wins Landmark Victory for Shoreline Protectionposted 06/19/02 The existing wetland and the bay support an interdependent web of life that remains largely healthy. If, however, a variance was granted to permit new residential construction on the isthmus the situation would harm wildlife and habitat for shellfish and salmon resources in the area, including surf smelt, sand lance, and herring (prey fish) that are essential food for endangered Chinook and other salmonids. The relationship between healthy, undisturbed forage fish spawning areas and salmon recovery is a matter of statewide concern. In their decision, the Board concluded that the landowners had failed to satisfy their burden of proof for a variance located within a fragile shoreline located in a Conservancy Environment, under the San Juan County Shoreline Master Program and the Shoreline Management Act. The landowners had filed a petition for review with the Shorelines Hearings Board, contesting FRIENDS and San Juan County's denial of variances for a proposed single-story single-family residence on a .66-acre lot. "This area is a biological treasure. The eelgrass beds, surrounding tidelands, and lagoon support a diverse and interconnected habitat for a myriad of species," stated Stephanie Buffum, Executive Director of Friends of the San Juans. “Granting a variance in this natural area would have been like inviting the fox into the hen house. We are delighted with the Board’s decision to defend this ecosystem," concluded Buffum. FRIENDS took the initiative to have the Shoal Bay Lagoon and surrounding area studied by wetlands and fisheries scientists, and did so at their own expense. In their decision, the Board concluded that cumulative impact from approval of this and similar proposals would undermine the purposes of the Conservancy designation for this rare shoreline area, would be a grant of special privilege to the landowners, and would be detrimental to the public interest. The Board affirmed Friends of the San Juan's and the County’s denial of the variance. The Board stated that if this project was approved, the cumulative impact of this and similar proposals would undermine the purposes of the Conservancy designation for this rare shoreline area, would be a grant of special privilege to the landowners, and would be detrimental to the public interest. The small scale of the isthmus increases the likelihood of adverse impacts from any type of permanent construction. The area floods during winter storms, with flood waters transporting surface materials and contaminants to the Lagoon. High fecal coliform readings have been found at the mouth of the Lagoon. Such impacts from residential discharge are inconsistent with the County’s Conservancy Environment. "This is a landmark decision of statewide significance for protecting what is left of our natural shoreline," stated Lynn Bahrych, attorney, representing the Friends of the San Juans. The Board heard this matter on Lopez Island in San Juan County, on May 1 and 2, 2002. Lynn Bahrych, attorney, represented the Friends of the San Juans and Cynthia and Andrew Marin. Karen E. Vedder, Deputy Prosecuting Attorney, represented San Juan. The Board, made up of Robert V. Jensen, Kaleen Cottingham, Bill Lynch, Judy Wilson, Bill Hinkle and Judith Barbour heard sworn testimony by landowners, residents, biologists, wetland specialists, and neighbors. |
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