September 3 - 9, 2015
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Community Newspaper of Blaine and Birch Bay HHHECRWSSHHH Postal Customer
IN THIS
ISSUE
A tour of Whatcom County Jail, page 3
Lummi reject negotiations, demand quick response on coal terminal
Health and wellness special section, pages 8-9
PRSRT STD U. S. Postage PAID Permit NO. 87 Blaine, WA 98230
Birch Bay parade photos, page 10
Back to school
By Steve Guntli The Lummi Nation is tired of waiting for the U.S. Army Corps of Engineers (USACE) to make a decision on the Gateway Pacific Terminal (GPT). In January, the tribe issued a formal letter to the USACE to block the permit for the GPT, claiming the coal terminal would impede on federally protected tribal fishing grounds. USACE launched an investigation into the Lummi’s claims and promised to issue a ruling within a few months. After months of delays, the Lummi have decided to take action. On August 27, the tribe issued what they are calling their final response to SSA Marine, the company behind the GPT project. “We remain committed to assisting the Corps in evaluating our request for a permit denial,” wrote Lummi chairman Tim Ballew III, in a letter to USACE district commander John Buck. “However, we are not interested in engaging in a lengthy dialogue with the project proponent and do not anticipate the necessity of responding further.” The USACE has attempted to negotiate the issues between the Lummi and SSA in lieu of the investigation, but the parties have not been able to reach common ground. The tribe has retained the services of one of the world’s largest law firms, Dentons, to help with any future litigation needed after the corps makes its decision. Dentons, which has offices in more than 49 countries, has experience defending tribal matters. Ballew said there is a high probability of a lawsuit after the USACE’s decision, regardless of how the Corps rules. The Lummi Nation and SSA Marine have each presented cases to the Corps over the last several months. In July, SSA Marine submitted a 365-page argument to the USACE, claiming the Lummi rarely utilize the waters the coal terminal would use, and that the Lummi’s most frequently used commercial fishing grounds were elsewhere. SSA argued the statements taken by fishermen about their usual fishing grounds were too vague and would not stand up in court. The tribe successfully blocked another project that made many of the same arguments. The Corps rejected a permit for Northwest Sea Farms, a 1.4-acre salmon farm in Rosario Strait, in 1992, and the decision was upheld in court in 1996. The Lummi argue that the waters around Cherry Point, where the massive new coal terminal would be built, are protected as “Usual and Accustomed” fishing grounds under a treaty signed in 1855. The treaty was reaffirmed in a 2000 court ruling. USACE spokesperson Deborah Graesser said they are taking the statements seriously, but do not have a deadline in place for a decision.
s It was a rainy first day of school on September 2, as kids ran from the bus to their classes in an attempt to stay dry. Photo by Steve Guntli
High winds ravage western Washington By Steve Guntli An unexpected windstorm buffeted the Washington coast this weekend, causing hundreds of thousands of dollars in damage, knocking out power for much of the area and claiming at least two lives. The windstorm raged through the state on August 29. Wind speeds of between 40 and 50 miles per hour were recorded at Bellingham International Airport, and the speeds reached even higher in other parts of the county. The National Weather Service recorded peak gusts of 87 mph off the Pacific coast. Nearly 350,000 people throughout the state lost power, at least 10,000 in Whatcom County. As of as August 31, approximately 2,300 Puget Sound Energy (PSE) customers in Whatcom County were still without power, according to Puget Sound Energy spokesperson Christina Donegan. Falling trees and branches did most of the damage. The trees were especially vulnerable this year, as drought conditions have left them dry and brittle. The storm also struck early in the season,
when the trees were still overburdened with leaves. Blaine and Birch Bay felt the sting, as well. On the advice of the Whatcom County Sheriff’s Office, organizers shut down Discover Birch Bay Days and Crab Fest early on Saturday, as the high winds forced vendors to retreat. A branch came down on a live wire near Alderson Road, and sheriff’s deputies rerouted traffic. Several other events were canceled or shut down early, including the Muds to Suds race in Ferndale and the Bellingham Farmers Market. Birch Bay Waterslides closed early on Saturday after losing power and sustaining some minor damage to the park’s equipment. The park remained closed for repairs, and is expected to open up again on Thursday, September 3 for Labor Day weekend. A tree collapsed on a trailer in Birch Bay State Park. A family of campers was inside the trailer at the time, but no one was injured. The winds proved to be deadly for others in the state. A man was killed in Gig Harbor when a large tree branch crashed down on his vehicle. In Federal Way, a fall-
ing tree branch killed a 10-year-old girl. Dozens of others were injured by flying debris. Days after the storm, the county is still experiencing windy conditions, but it appears the worst is over. According to the National Weather Service, the winds should subside by the end of the week, and aren’t expected to exceed 20 mph. (See Wind, page 2)
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