Minutes January 4, 2024

Special BOARD OF DIRECTORS’ MEETING

Call to Order: Jim called the Zoom meeting to order at 7:00 pm.

  • Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey & David Canterman

  • Board members absent: None

  • Staff Present: Allison Cash, Kevin Southworth

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda: None

New Business:

  • Jim welcomed everyone to the meeting and began by acknowledging the map that Elizabeth Kilanowski created that LISE altered to illustrate the potential path from the logging harvest site to Inati Bay.

  • The purpose of the meeting is to discuss the appeal of Forest Practices Permit FPA/N 2819206 for a 66-acre parcel just north of LISE. LISECC has prepared an appeal letter that is being sent to the Department of Natural Resources, the Office of the Attorney General, and the Pollution Control Hearings Board. 

  • Jeff discussed the two potential routes that could be utilized for moving the timber from the harvest site; north to the ferry or south through LISE to Inati Bay.

  • The LISE Board has contacted Whatcom County Public Works & Engineers. While those departments feel that the potential level of traffic from harvesting the 66 acres would damage the county roads, they don’t necessarily have a way to address any concerns before damage occurs.

  • Dan Thane suggested that we incorporate the idea of requiring a bond to cover the potential damage to the roads and water main infrastructure to our appeal letter.

  • Jerry Crawford would like the board to widen the scope of the letter and include a letter to Whatcom County Public Works. He also suggested taking current photos of the switchbacks so that we can document any future damage.

  • Nancy Uding suggested that the Heritage Trust could ask for donations to buy the LILCO property.

  • Leslie encouraged members to write an appeal letter regarding FPA/N #2819206 . The letter must be received in writing by the DNR, Office of the Attorney General and Pollution Control Hearings Board by January 13, 2024. In addition, the board encouraged sending letters to local government.

  • Jim reiterated that LISECC’s primary basis for the appeal is to protect our infrastructure and roads, it is not about the act of logging.

  • Tim motioned to authorize the Board Secretary to file an appeal of the Forest Practices Permit FPA/N #2819206. Leslie seconded. All in favor.

  • Carrie Garde expressed her gratitude to the board for the work they have done regarding this matter.

 Adjournment: Leslie motioned to adjourn the forum at 7:59 pm. Jeff seconded. All in favor.

 The following is a draft of the letter of appeal.

Appeal to DNR for consideration of FPA/N #2819206 granted to LILCO on 12/14/2023

Ref: FPA/N #2819206

From: Board of Directors, Lummi Island Scenic Estates

To whom it may concern:

We, the members of the Board of Directors for Lummi Island Scenic Estates (LISE) ask that the determination to allow timber harvesting on 66 acres adjacent to our properties be reviewed and disallowed based on the impact to the life, safety and property of our community and the impact on roads and properties of Whatcom County.

Lummi Island Scenic Estates is a community of 400 lots owned by 329 property owners situated on the slopes of Baker Mountain. Baker Mountain occupies roughly the southern third of Lummi Island and is an area characterized by steep slopes densely forested with second-growth conifers and deciduous trees. Access and egress to this residential community is via a single county road – Seacrest Drive – that turns into Island Drive at the entrance to Lummi Island Scenic Estates. Island Drive ends at the southern terminus of LISE near the peak of Baker Mountain. The 66 acre parcel subject to FPA/N #2819206 is directly to the north of LISE. Seacrest Drive is the only access to the community and in the event of a medical emergency, disaster or wildfire is the sole means of evacuation or transport of equipment and first responders.

As stated in the Forest Practices Application submitted by Lummi Island Land Company (LILCO) and approved by DNR, LILCO plans on harvesting 1.5 million Board Feet of timber from the 66 acre parcel. Using industry standard calculations, at least 250 fully loaded timber semi tractor/trailer loads will need to be transported to the mills on the mainland. There are only two options to transport this lumber – either via County roads north to the docks for the small, open, 18 car ferry run by Whatcom County that services the residents of Lummi Island, or to transport the logs south to the terminus of Island Drive where there is access to a private un-paved road to a potential rafting area at Inati Bay. This unpaved road (essentially a trail) runs through properties owned by the Lummi Island Heritage Trust (LIHT) and LILCO. History indicates that LILCO will preferably use this road as access to their log skid to the waters of Inati Bay to consolidate its timber before hauling in rafted floats to mills on the mainland.

The result is that 250 log trucks, fully laden on the out-board run and empty on the return run – 500 trips total – will use the only road to service the south end of the island that runs directly through LISE. This is a two-lane road typical of those in lightly populated areas within Whatcom County – chip paved and serviced only when necessary. The road as it goes through LISE is extremely narrow, steep and at times consists of very tight switchbacks and hairpin turns that are hazardous for vehicles of the size required to transport logs. This section of road was not striped after a recent chip paving by the county – the operators of the striping truck didn’t consider it safe for their equipment. Likewise, the new, heavy duty snow plow the county dispatched to our area was not able to safely negotiate the switchback. This road runs directly through the heart of the LISE Community where single-family homes are most dense.

The level of traffic indicated in this logging application is a direct threat to the safety and security of those who live on or near this single access road. Island Drive is regularly used by pedestrians and dog walkers, many of which are elderly. There are no sidewalks and shoulders are limited or non-existent. Pedestrians will be at grave risk to logging trucks trying to traverse these roads. Logging trucks will have to slow or stop to allow pedestrians to safely get out of the way, an especially dangerous maneuver on very steep roads and switchbacks.

The roads here on the southern end of Lummi Island are known to be fragile. In November of 2021 when an atmospheric river inundated the area with heavy rains resulting in flooding in Whatcom County, the water run-off from the steep mountain terrain here resulted in cataclysmic failures of roads and culverts. Two roads in LISE – Island Drive near the entrance to our community and Beach Road – were both ravaged by the waters. Neither has had repairs completed by Whatcom County Public Works as of yet. According to county engineers, the amount of truck/trailer traffic indicated by the application will certainly strain this infrastructure to its breaking point.

We, the Board of Directors of LISE ask that the application to harvest these 66 acres be reviewed and rescinded based on:

  • Impact to the safety of life and security of the residents of LISE

  • Impact to the infrastructure – county roads and drainage system of Lummi Island

  • Impact on private roads in the area

Respectfully submitted by the Board of Directors, Lummi Island Scenic Estates