May 7,
2008
Powerline EIS
upheld on appeal
Powerline EIS upheld on appeal By Marcy Stamper The Environmental Impact Statement for the Pateros-Twisp transmission line contained an adequate discussion of environmental consequences and the PUD commissioners did not act arbitrarily in selecting that route, found three judges of the Washington Court of Appeals in Spokane last Thursday (May 1). Because the purpose of an EIS is "to facilitate the decision-making process, it need not list every remote, speculative or possible effect or alternative," they declared in their opinion. The ruling came in an appeal of the adequacy of the environmental analysis prepared by the Okanogan County Public Utility District for its Methow Transmission Project. The appeal was brought by rancher, orchardist and businessman Daniel Gebbers; People for Alternatives, Conservation and Education; and the Methow Valley Citizens’ Council, both not-for-profit citizen-action groups. The plaintiffs had argued that the EIS was deficient because it failed to include the economic and environmental costs of rebuilding the existing Loup Loup transmission line in evaluating the Pateros-Twisp alternative. They contended that the PUD’s declared purpose – to achieve redundancy through a looped system – meant rebuilding the 60-year-old Loup line was integral to the project. The judges noted that the state Environmental Policy Act does not define "cumulative impacts" and that additional projects do not require review if they are "substantially independent." The PUD has maintained that with the construction of the Pateros-Twisp line it can continue to use the Loup line as a backup through ongoing maintenance. "Citizens mistakenly reason that constructing the new line irretrievably commits the PUD to building and maintaining two transmission lines," concluded the judges in their 26-page opinion. "The courts said the PUD has the right to build a new line and maintain the old one into the future. We tried to argue that they chose a new line because they wanted two lines for the Methow Valley," said plaintiffs’ attorney Peter Goldman. "The court is saying that the PUD has the discretion to adopt the most expensive and environmentally harmful alternative," he said. The judges cited many examples from the voluminous EIS and its seven appendices to demonstrate its adequacy. They rejected the plaintiffs’ claim that the road system presented in the EIS is "vague" and "unquantified," noting that it contains maps "clearly showing the approximate locations of existing roads." Maeyowa, a spokesperson for PACE, said plaintiffs were disappointed that the judges had dismissed what they pointed to as discrepancies in the EIS; for example, by not addressing their claim that the EIS underestimated the cost of the Pateros-Twisp powerline by basing calculations on only 21 poles in a five-mile stretch while elsewhere saying that 17 to 18 are needed per mile. The judges addressed one such inconsistency, saying that the plaintiffs "erroneously assume that the existing transmission line has a 35 MW [megawatt] capacity, but it is 45 MW," then conceding in the next sentence that the EIS appendix upon which they relied contains "an admitted typographical error." "At the end of the day, courts are very deferential to public agencies about EISes," said Goldman. "They are loath to second-guess elected officials." The plaintiffs have not decided on their next step. They have 30 days from the date of the opinion to file an appeal with the state Supreme Court, which would decide within six to nine months whether to hear the case, said Goldman. "But this case is far from over," he said. "They’re going to have to condemn property and will need 12 miles of easements from the Department of Natural Resources." "It’s a little too early for us to respond since there is an appeal process underway," said PUD general manager John Grubich. "The opposition has 20 days to ask the court to reconsider and 30 days to appeal. We’re just waiting until the time frame expires before we decide what to do." The plaintiffs had appealed the November 2006 decision by Okanogan County Superior Court Judge Jack Burchard that the EIS contained adequate information to support a "reasonably informed decision" on the powerline. By Carol Stull Sixty-three years of ‘49er Days, this one celebrating "Twenty Years of Rendezvous," will bring perhaps more horses, mules and wagons onto Winthrop’s Highway 20 this weekend – May 9 to 11 – than on any other major roadway in the state. Motorists should plan accordingly: either kick back to the slower pace of pioneer life or limit trips through downtown Winthrop to hours when four-legged traffic does not rule the road. If you’re in a hurry, mid-day Friday, and Saturday morning until noon will be poor choices for travel. But these will be great times to watch an authentic wagon train and a fun, horse-filled parade that’s been happening here for nearly a half-century. Twenty Years of Rendezvous means Washington Outfitters and Guides Association has held their spring statewide gathering in Winthrop’s park since 1989. Ten years ago, they started a program of bringing paying guests to the meeting the old-fashioned way – by horse and wagon. After three nights of campouts along the trail, nearly 200 trail riders – including hired hands – and some 40 wagons are expected to arrive in Winthrop at high noon on Friday. They will form up in the Winthrop Barn parking lot, and then proceed on Highway 20 across the Chewuch River bridge, east through downtown and across the Methow River Bridge. From there, the troop will head out Twin Lakes Road before driving through Horizon Flats and the back roads of Sun Mountain Ranch to dismount and disperse at the rodeo grounds. Many of these riders will join with kids, floats, fire trucks and school bands in the hometown ‘49ers parade, starting at 11 a.m., Saturday. Entries will begin lining up in the residential area above town before 9 a.m. Some downtown parking space will be blocked off as early as 6 a.m. to allow for safe parade viewing and other activities. The parade travels down Bluff Street at Winthrop’s north end, then proceeds along Riverside Avenue, passes by the announcer’s stand at the intersection, and disbands before the bridge on Highway 20. "Do not try to drive through Winthrop between 10:45 a.m. and 12:15 p.m. – unless you’re in the parade," advises Winthrop Chamber of Commerce president Doug Mohre. At that time Highway 20 will be temporarily closed to regular traffic, and a signed detour will be put into place. The 14-mile detour loop goes up the East and West Chewuch roads. After the parade, old-fashioned family games – an egg toss, a pie-eating contest, rock/paper/scissors – and a newer one – Gummy Bear spitting – happen on the street in front of Sheri’s Sweet Shoppe. Saturday afternoon is Rendezvous time in the park. The outfitters show off their camps, their cooking and their crafts. There’s an auction of Western goods plus activities for kids, and a big outdoor steak feed at 5 to 6 p.m. At 7 p.m., all move inside the Barn for a cowboy poetry and music program called "Around the Campfire." Friday night (May 9), more cowboy entertainment in the Barn kicks off weekend festivities. Lauralee Northcott and her Horse Crazy cowgirl band stage another popular Dollar Watch Cowboy Jamboree. Grand Ole Opry entertainer Rod Erickson headlines the program, starting at 7 p.m. Also on Friday, downtown art galleries will open late – 6 to 8 p.m. – for a Winthrop Art Walk. For more Saturday night entertainment, everyone’s invited to dance to The Family Band, in the Barn from 9:30 p.m. until late. At the dance, winners of the ‘49er button/raffle will be drawn. Proceeds help support the event. Two grand prizes – $500 toward a WOGA guided adventure plus $500 for a Winthrop shopping spree – will be awarded. Only 500 buttons are for sale. Sunday is time to wind down – but not too quickly. The outfitters have more fun in store at the park – the 8 a.m. cowboy breakfast and the state packing competition at 10 a.m. And so folks can take home more than Western memories, the auction also continues at 10 o’clock. Twisp River Flats gets 40 mph speed limit By Marcy Stamper The speed limit for three miles of Twisp River Road will drop to 40 mph as soon as the county installs new signs. The 40 mph zone will start at milepost 0.697 (just before the Spokane Grade) and will increase to 50 mph at MP 3.506, at the western end of the Twisp River Flats. Heading west from Twisp, traffic will find a 25 mph speed limit within the town limits, a short 35 mph zone and then the new 40 mph zone. By a vote of two to one, county commissioners adopted the ordinance imposing the new restrictions after a public hearing Tuesday (May 6). Commissioner Andy Lampe abstained. County commissioner Bud Hover said they had received about 25 written and oral comments about the proposed reduction. A speed limit of 40 seemed like a good compromise between traffic flow and public safety, he said. New signs will go up this week if they are in stock, but because 40 mph is less commonly used in the county, the signs may have to be ordered, said county engineer Bob Breshears. The new signs will be posted by the end of next week (May 16) at the latest. County engineers will monitor the area over the next several months to see if additional signs about children at play, for example, are indicated.
Invitation for bid for FS complex delayed By Joyce Campbell Moving out of the Twisp ranger station after nearly 80 years is taking longer than expected, but the 6.4-acre facility is headed for the auction block early in July. "It’s amazing how much can accumulate in 70 to 80 years," said district ranger John Newcom. He said fire and camping equipment has been moved to other locations in the district and heavy equipment maintenance tools were moved to Okanogan. Invitation for bids was scheduled to be posted online on May 1, but the agency is still reviewing an appraisal and setting the minimum bid price, which must be approved at regional headquarters in Portland. "We hope to have that minimum bid price by the middle of May. That’s just around the corner," said Keith Rowland, lands coordinator for the Okanogan-Wenatchee National Forest. In addition to the minimum bid price, the invitation for bid would further define the bidding process, with bid increments and bid guarantees. An online bidding process will open in early July through the General Service Administration website, according to Rowland. The GSA is the real estate specialist for the federal agency. Real estate agents have called with questions, said Newcom. "This is not one-sided," he said. The agency is also in the process of issuing a contract for an environmental hazardous material inspection for substances like asbestos and lead paint. That was delayed because of the late snow, but Rowland expects that will be completed by July 1.
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