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06/26/2005: "DOE Issues Warning & Investigation On Barge landing"

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Gravel unloaded onto LaFarge Beach for SJC Public Works
The recent barge landing and unloading of gravel at LaFarge Beach for SJC Public Works has resulted in an investigation of the landings by the State Department of Ecology. In a letter sent to LaFarge Canada Inc., with a copy to Matt Zybas, the new Interim Director of CDPD (Community Development and Planning), Robert Fritzen of DOE informed LaFarge that the Department has " reason to believe that you may be responsible for substantial development within Shoreline Management jurisdiction in violation of …RCW…and provisions of the San Juan County Shoreline Master Program".

While the letter states the intent of the investigation is to obtain information to allow the Department to determine if a violation has, or has not, occurred, it also points out the Department has the authority to issue an order and impose a fine of up to $1,000.00 per day.

This may be embarrassing for the County, for the investigation follows closely on the heels of a previous letter STORY from DOE to Randy Gaylord, SJC Prosecutor, informing him it is the obligation of the County to enforce their regulations. It should be particularly embarrassing in this case, since the violation -if there is one- would be directly related to the barging in of material for the County.

In previous findings by the DOE, it has been determined that only three barge landings a year are permitted, and in addition, the ramp that was purportedly used to unload the county gravel may have been the same ramp that was found by DOE to "exceed any established nonconforming right".

LaFarge has thirty days to respond to the letter. The responses will be considered by DOE "as to whether or how to proceed with further enforcement on this matter".