Farmers give officials earful
“This plan is the best we can hope for,” said Vancouver farmer Bill Zimmerman during a May 21 public hearing on proposed new rules that would affect Clark County farming operations.
“Maybe that sounds like I’m giving up,” added Zimmerman, who served on an 11-member committee that analyzed habitat rules for the Clark County commissioners.
“In 10 years, we’ll be back here again, with less agriculture, fewer farms--and fewer fish,” predicted Zimmerman who operates a vegetable and fruit farm in Vancouver.
The public hearing, held at Battle Ground High School, attracted about 200 people, some of whom offered their opinions about the new rules. No one seemed satisfied with the proposals.
Joel Rupley, who heads the county’s Endangered Species Act Program, said the county was “taken to task” for exempting agriculture from its Habitat Ordinance adopted as part of its Growth Management Plan. As a result, the county commissioners adopted Ord. 40-440 last year that removed the agricultural exemption from habitat rules. Since then, officials have worked to develop guidelines for the implementation of the ordinance.
Rupley said the commissioners could adopt the rules on July 10.
One set of rules would apply to agricultural activities existing on July 11, 2006, and another set to “new agriculture.”
Landscaping and backyard gardens existing on July 11, 2006, are exempt from new rules, said Rupley, but new landscaping and gardens are not.
Rupley said the definition of “agriculture” is somewhat vague. One horse, one cow or one chicken triggers the new rules, said Rupley, for people who have a riparian area on their lands.
A riparian area is property upland from a creek or seasonal drainage of any size, he said.
“Agriculture” includes farming, dairying, animal and poultry husbandry, horticulture, floriculture and other activities, said Rupley. Such activities do not have to be commercial or undertaken for monetary return, he said, in order for the rules to apply.
The definition of agriculture is not specific and has yet to be refined, said Rupley, but there is “no low-end threshold.”
The proposed rules would give people two options: comply with the default regulations or develop their own habitat protection plan that would allow “no substantial degradation of habitat functions” as they existed in summer 2006.
The default regulations would require people to stay back 30-50 feet from a creek or drainage area and not enter that area.
With a protection plan in place, the setback area is 100 feet but landowners can enter that area under the conditions of an approved plan.
A habitat protection plan would be developed by the landowner and approved by a trained “agricultural technician.”
Rupley described the proposed rules as “more educational and outreach than a heavy hammer.”
The new rules would be activated either by complaints, said Rupley, or when county officials saw evidence of habitat degradation such as, he said, “a big old manure pile in the middle of the creek.” In such a situation, county staff would do some stream monitoring and look for a source of the degradation.
Rupley said the county did not have the staff to search out habitat rule violators.
Citizens offer comments
Zimmerman said that despite the expenditure of considerable money and fewer acres in the county devoted to agriculture, water quality continues to get worse. “If we have a problem in agriculture, let’s fix the problem,” said Zimmerman.
Zimmerman and other speakers questioned why farmers were facing new regulations while homeowners were not. He said toxins from home roofs and chemicals from washing cars in streets enters the storm system and reaches creeks, but nothing is done to regulate or prohibit that.
“I worry about my family,” said Zimmerman. “Maybe I should have applied to be in the Vancouver urban growth boundary (rather than continue farming).
Gene Thompson of Vancouver said his family owns a mile of Lacamas Creek frontage. He said he has not caused water quality problems in that area, but that 3,000 new homes, plus schools and a church, have added to water volume. That extra water, he said, causes Lacamas Creek to meander and take down trees. He said he lost seven trees greater than 3-feet in diameter in the last year due to heavy stream flows.
Thompson said he raises cattle on his property. He said the creek needs to be contained.
Thompson’s son, Joe Thompson, questioned how fences, required under the proposed rules, cold be kept in place with the flooding of Lacamas Creek. “Is there a study of the percent (of water quality damage) caused by livestock versus the percent caused by flooding (and other reasons)?, Thompson questioned. “I think it’s a low percent.”
Richard Kennon of Yacolt said farmers have been good stewards of the land for a long time. The problem, he said, is hobby farmers. “They don’t understand the damage they are causing.”
Kennon was among those questioning why the county would keep protection plans away from public review. He said a definition is needed of “substantial degradation” of habitat resources. “That’s a very loose term. I’m very interested in protecting fish. By and large, I think you’re on the right track.”
Kennon said monitoring is needed or officials won’t know if they are making progress. Monitoring should be done by a disinterested third party, he said.
Gretchen Starke of Vancouver, who identified herself as being with the Audubon Society, said lawns developed up to creeks are not good for water quality. She said farmers should not be required to undo problems caused by others. She said strip malls and development are much harder on habitat than farms. “I hope for goodwill and cooperation from farmers,” he said.
Some citizens questioned the affect of the proposed rules on property assessments, arguing that if swaths of land near creeks are kept out of production or left alone to become blackberry patches, property assessments should be reduced. “People should be compensated for property they can’t use,” said one speaker. County commissioner Steve Stuart asked Rupley to look into that issue.
Several citizens raised privacy concerns related to having an “ag-tech” examine private farm lands. Ag-techs could report code violations or other situations they observe to county officials, citizens said, whether or not related to the habitat plan issue. County attorney Rich Lowry affirmed that nothing in the county habitat ordinance would prohibit an ag-tech from reporting what he sees. Stuart again asked Rupley to look into this issue as well.
Carol Levanen said she and others were not aware that the county had already adopted a habitat ordinance that affects agricultural operations. “No study shows that these regulatory proposals are necessary,” said Levanen.
“This is another idea that will turn into a disaster,” said Bob Brink who operates a Yacolt tree farm. He said buffers will turn into “giant blackberry patches.”
Brink said trees that officials want to fall into streams actually block the channel and divert water where it erodes the soil. “This ordinance has a lot of the same disasters as the tree ordinance,” he said.
Gordon Haun of Battle Ground questioned the purpose of the new rules. Stuart affirmed that the ultimate purpose is protection of fish. “What is wrong with our system,” said Haun, when sea lions are allowed to eat fish in the Columbia River but farmers cannot work their lands.
Commissioner Betty Sue Morris responded to a citizen who asked if the same rules would apply throughout the county.
“No,” said Morris.
Morris said existing housing and commercial developments are not affected by habitat rules.
Morris said she lives in a 1978-era home that borders Salmon Creek. “My development can’t comply with the habitat ordinance,” said Morris. “My neighbor landscapes to the water’s edge. We’re the ones who are not doing our part. We’re getting away with murder. You all are paying a heavy price.”
Morris offered her apology to those attending the public hearing because they are affected by the new rules and all the existing homes and developments, like hers, are not. She said that if county officials ever consider increasing the storm water tax, “it should exempt people like you and do a double-whammy on people like me.”
Morris said that if she had a horse, the new rules would apply to her.
Mike Torres, who identified himself as being with the Sierra Club, said he would rather have agricultural activities than “development and sprawl.” He suggested the need for an “objective third-party look and assessment of” habitat protection plans.
Commissioner Marc Boldt concluded the hearing, which was continued until July 10, with a description of his childhood growing up on a farm and the care his family took with a creek. Despite losing money, said Boldt, his family, and later he himself, stayed on the farm, all the time protecting a creek. He said the new rules “seem very complicated.”
Rupley can be reached at 397-2022, ext. 1. The county commissioners can be reached at 397-2232.

BG gravel mine faces state fine
Officials of the state Department of Ecology has issued a $43,000 penalty to the operators of the Tebo Brothers Pit for alleged water quality violations.
According to Kim Schmanke, public information with Ecology, Tebo Pit operators failed to properly monitor the turbidity of the water as it empties from treatment ponds. The ponds are designed to help gravel, sand and other particles settle out of the mine’s processing water before it is discharged back into a nearby creek.
Schmanke said the pit operator admitted to pumping from the treatment ponds without monitoring water levels. In some instances, the pond emptied before the pump was turned off and the pump began pulling sediment from the bottom of the pond, Schmanke stated in an Ecology press release.
As a result, discharges from Tebo Brothers to Manly Creek violated water quality standards.
The pit is located on the west side of NE 92nd Ave. about 1 1/2 miles north of SR-502.
Schmanke said the issue arose on the basis of a Dec. 16, 2006, complaint. State investigators took water samples from Manly Creek upstream and downstream from the Tebo Pit discharge point, said Schmanke.
J.L. Storedahl and Sons, operators of the Tebo Pit, allegedly failed to document issues relating to pond discharges. Reports filed by Storedahl allegedly claimed that all discharges met the permitted limits for turbidity.
Campbell said that state officials made several attempts to help pit operators repair the problems, including outlining steps the pit operators could take.
“Tebo Brothers Pit has acknowledged its problems, but still it fails to meet the requirements of its sand and gravel permit,” said Kelly Susewind, manager of Ecology’s water quality program. “These are very serious water quality violations, and hopefully this penalty spurs them to improve their operations.”
In addition to the fine, Ecology issued an order requiring pit operators to meet its permit requirements, clean sediment from ponds, install automatic shutoff for the pumps when turbidity levels reach a certain point, and have a backup water treatment system.
Officials of J.L. Storedahl Company, based in Kelso, declined to comment on the matter.
Tebo operators have 30 days to file an application for relief or appeal the penalty to the Pollution Control Hearings Board.

Pearl Harbor survivors dedicate memorial
Bill Myers
staff reporter
They are leaving us faster than ever.
Only 22 area Pearl Harbor survivors attended a May 16 dedication of a Pearl Harbor Memorial Stone at Willamette National Cemetery in Portland.
U.S. Navy veteran George Bennett of Battle Ground, an officer and past president of the Vancouver Pearl Harbor Survivors Association, helped organize the event. Members of the Vancouver and Portland chapters of the Pearl Harbor Association funded the memorial stone.
Bennett said invitations were sent by the Vancouver chapter to 106 survivors between Vancouver and Seattle. The Oregon chapter sent notices to about 200 survivors throughout Oregon. He said the survivors are all in their 80s or 90s, and most suffer from age-related physical problems that restrict activities. Many have limited abilities to travel, he said.
Battle Ground resident Sue Coates was master of ceremonies. She said the Pearl Harbor Survivors Association was founded in 1958 and at its zenith had 15,000 members. Fewer than 4,000 members are still alive, she said.
Vancouver mayor Royce Pollard, a veteran of the Korean War, was keynote speaker. He reminded the survivors that without them and others like them, Americans would now be speaking German or Japanese.
Bennett was stationed at a Pearl Harbor patrol bomber base when Japanese naval air forces struck Pearl Harbor and other U.S. military bases at Oahu on Dec. 7, 1941.
Other area veterans who survived the attack were stationed at Pearl Harbor and include Marvin Kaufmann and Bruce Patten of Battle Ground, and Harold Lacy and Alec Thompson of Ridgefield.
Kaufmann was aboard a Navy service vessel, the USS Whitney, during the attack. Patten and five brothers were aboard the battleship USS Nevada.
Lacy was serving aboard the USS Tennessee, another battleship targeted by enemy pilots. Thompson was a sailor aboard a destroyer, the USS Downs.
Bennett, Kaufmann, Lacy and Thompson are members of the national Pearl Harbor Survivor’s Association. Mortality is taking a toll on memberships, said Bennett. “I’m one of the kids at 83-years-old,” he said.
The attack on Pearl Harbor came in the morning as sailors, soldiers and marines were getting ready for Sunday breakfasts. There was no warning. History has revealed that even Japanese diplomats negotiating in Washington, D.C. didn’t know that the attack had been planned weeks earlier.
Pearl Harbor, the site of the American battleship fleet, and other military installations at Hawaii were attacked by Japanese pilots who launched planes from aircraft carriers north of the islands.
The enemy planes first struck and neutralized American airfields. They had their way over American bases, killing more than 2,300 U.S. sailors, soldiers, marines and civilians. The attack brought the U.S. into World War II.
The Japanese were surprised and disappointed to discover that American aircraft carriers were not in Pearl Harbor. They would be more chagrined less than seven months later when they suffered their greatest defeat in history at the hands of fliers from these carriers.
Military recruiting offices on the U.S. mainland were deluged with volunteers, and patriots in Hollywood and in the Main Street media embraced a slogan, “Remember Pearl Harbor.” About 400,000 American soldiers, sailors, marines and airmen were killed during the war in less than four years.

Human remains still a mystery
Expensive dental work could lead to woman’s identity
Bill Myers
staff reporter
The identity of human remains found March 6 south of Yale Bridge remains a mystery.
An antler hunter found the remains, including a human skull, in a forested area at the bottom of a steep embankment east of SR-503 about one-quarter mile south of the bridge.
Clark County Sheriff’s detectives, with a team of search and rescue volunteers, recovered scattered bones and a human skull from the scene.
Detective John O’Mara said a forensics examination determined the victim was a female, probably between 35 and 55 years of age, whose body had probably been in the woods for one-to-two years and possibly as long as seven years.
The victim had experienced extensive and probably expensive dental work by a prosthodontist, said O’Mara. Prosthodontistry is a specialized field of dental care dealing with teeth restoration. O’Mara said the dental work included a gold crown in the right side of the mouth, and a silver crown on the left side.
Information about the victim’s post mortem dental examination was included with a report sent to the National Crime Information Center (NCIC), said O’Mara. The Center, operated by the Federal Bureau of Investigation, collects data and maintains a data base on missing persons and crimes. O’Mara said detectives want to try using NCIC data to identify the victim before resorting to a more expensive facial reconstruction process.
O’Mara said clothing found partially buried near the recovery site included a gray sweat or running suit bearing a brand label, Hanes Her Way. The sweatshirt was an extra large size and the pants were large, he said. A pair of Hanes socks had pink stitch lines near the toes, he said.
Anyone with any information that could be helpful in this investigation is asked to call the Sheriff’s Office at 397-2211.

Woodland Fire focus of complaints
Alice Perry Linker
staff reporter
A group of Woodland residents with complaints about the city’s fire department brought their gripes to the City Council May 21, and for an hour, the council heard from opponents and supporters of the current fire department administration.
Although he was not often mentioned by name, Fire Chief Tony Brentin seemed to bear the brunt of both complaints and praise that came from former volunteers, business owners and current volunteers.
Complaints ranged from fire engines using excessive speed to knocking down gates. The department’s administration was also accused of nepotism and favoritism, although specific instances were not addressed.
Mayor Doug Monge urged those with concerns to consider the work of volunteers.
“We have a very capable fire department,” he told the crowd. “I am very proud of our firefighters, and they are very well supported in our community.”
Several residents decried the lack of experience of the current volunteers and said that most experienced volunteer fire fighters had resigned.
“We are losing a lot of our experienced firefighters. It’s happening regularly now,” said Darlene Johnson of Woodland Truck Line. “We have a lot of people with training, but training is not experience. We cannot afford a paid fire department. I do not have the same safe feeling I’ve always had because of our fire department.”
Monge said after the meeting that the city has received no complaints from residents about the ability of firefighters.
“We haven’t lost a building; we haven’t had a complaint,” he said. “Our volunteers are doing an excellent job.”
Jim Johnson, also of Woodland Truck Line, said that an engine knocked down a gate, scarring the vehicle, and he accused volunteers of going from a beer party to a fire. He said vehicles are being abused.
Battalion Chief Kenny Bujr did not deny the incidents, but he said, “Disciplinary action was taken in those instances.”
“Last year we answered 1,000 calls,” Bujr said. “People get burned out; they don’t agree with some decisions. I think everybody (volunteers) agrees with how things are going. Everybody should be proud of the volunteers.”
Former Battalion Chief Don Wood, who said he resigned last September, said the department has “some good volunteer leaders.”
Wood called for an investigation into “nepotism, favoritism,” but he did not cite any specific instances.
“I’m sure if there was a change you’d see a lot of the old guys come back,” he said.
An investigation of fire department issues by John Young of the Cities Insurance Association of Washington concluded that “concerns appear to have involved issues between the fire chief and senior members of the fire department who have recently resigned.”
In a letter to Monge, Young wrote, “the issues appear to have been fueled by an age-old problem.”
While not identifying the problem, Young wrote that disgruntled employees appear to take their issues to a council member, bypassing the mayor and the fire chief.
“Understandably, firefighters by-passing Chief Brentin and going directly to the council person neutralizes the effectiveness of the fire chief and prevents the chief from maintaining a pro-active approach toward dealing with issues and concerns within the fire department,” he wrote.
Most of the current volunteers who spoke supported the fire department administration, but Andrew Larson took a slightly different approach while agreeing with other volunteers that the firefighters are well trained and able to do the job.
Larson said, “I don’t want to lose any more people. I want those people back.”
“I believe we have great people serving a great community,” he told the council. “We have 35 volunteers. A year ago there were 50. Everyone who left had experience; the people who left were my training officers. Half of my shift is gone.”
Jolene Washburn, whose husband was a volunteer firefighter, said the department suffers from a lack of leadership. She said she was rebuffed when she tried to volunteer to help organize events for the volunteer firefighters.
“I wanted to help market the fire department, to pat our firefighters on the back,” she said.
She said the present and past chiefs had said that she had a good idea.
“I was shocked when I was interviewed by three people, told I had to pass a physical, and had to pass a test,” she said. “Two months later I got a letter of rejection. I wasn’t there to put out fires. I was there to support our local firefighters.”
Concerns about the city’s fire insurance rating were expressed during the meeting, but Young of Cities Insurance Association did not indicate that insurance ratings were at risk.
Young suggested “regularly scheduled staff meetings involving representatives of the volunteer firefighters with the fire chief and the mayor.”
He chastised employees or volunteers for bypassing administrators and taking complaints directly to council members.
“Until each member of the city administration and its employees understand and recognize the need to address their concerns and/or issues through the proper chain of command, these types of situations will continue to be fueled. It is imperative that the various department heads be allowed to address and solve the issues without involvement from the council.”
The city council did not discuss the complaints during the public meeting.

Grace Church hopes to locate in industrial area
Alice Perry Linker
staff reporter
More than 100 members and supporters of Grace Community Church spilled out of the Woodland City Council chambers and into the hall May 21 when they attended a meeting to ask the council to allow their church to move into an industrial zone.
After waiting for an hour while other residents discussed the city’s fire department, members learned that the council would not hear their request after all.
Woodland City Attorney Paul Brachvogel told the audience that he and the church’s lawyer would discuss a proposed ordinance further before bringing the document to the city council for approval on June 18. The ordinance would allow churches as a conditional use with each request decided separately.
Senior Pastor Todd Cloud said after the meeting that he and the members were disappointed that the council did not act on the matter, but they remain hopeful that their request will be granted.
Members of the city planning commission voted 3-0 on April 10 to approve the church’s application and forward the request to the city council for final approval. Member Jim Yount originally voted no, but changed his vote, although he said he did not support the recommendation. He said he wanted the city attorney to review the request.
The planning staff recommended that the request be denied, saying that the city’s policy is to preserve “prime industrial sites and reserve suitable land for future industrial expansion,” and should not be “encroached upon by incompatible non-industrial uses.”
Cloud said the church is looking at more than one site and hopes to buy a building. He told the planning commission that the church would like a minimum of three acres.
The church now has three worship services on Sunday morning because of limited space.
According to planning commission minutes, churches are not permitted in industrial zones, but sexually-oriented businesses are allowed to ask for a conditional use permit and are considered on a case-by-case basis.
Former city council member Charles Blum pointed to the irony of permitted uses.
“The codes allow sexually-oriented businesses in the industrial zone, but not churches,” he said, and he asked the council to allow the use.
The city has no sexually-oriented businesses, but planning assistant Nancy Malone said the city must provide land for various types of businesses.
Grace Community Church now is located at 1930 Belmont Loop, and Cloud said the church has added a shack trailer for children’s Sunday school classes. Cloud said the church has not been able to find suitable property either in the commercial or the residential zones of the city, and he told the planning commission that moving outside the city limits is not feasible because of water and sewer needs.

City studies new rest rooms, boat ramp for parks
The first step in building a new rest room for Horseshoe Lake Park and a trail from the building to the lake has begun with an agreement between Woodland City Council and engineers.
The city will spend $34,000 for a building design to meet disabled access codes, preparation of a site plan, and other contract services to prepare for construction. The city has accepted a proposal from former city public works director Rob VanderZanden of Harper Houf Peterson Righellis Inc. of Vancouver.
The existing rest room, built in the 1950s, will be demolished and a new building will be constructed on the existing site, according to the plan. A pedestrian link from the rest room to the beach and a loop trail along the beach to the fishing area near Lakeshore Drive have been proposed.
During the regular May 21 meeting, the council also agreed to allow a feasibility study of Goerig Park and another site adjacent of Island Aire Drive as possible locations for a new boat launch, although council member John J. Burke questioned the wisdom of the study.
“Do we want to waste money on a study to move the boat launch?” he asked.
Public works director Elaine Huber said that the city owns about an acre adjacent to Island Aire Drive. The Washington Department of Transportation owns a 10-foot strip in the middle of the property.
Huber said the $17,000 study will determine the feasibility of considering the property for a boat launch and would not bind the city to build a launch.
Council member Marilee McCall supported the study.
“We need to either open the door (to a new boat launch) or close the door,” she said. “We need to end this discussion one way or another.”
According to a report from VanderZanden to the city, two sites will be studied: Goerig Park at the east end of the CC Street Bridge in Clark County, and the Island Aire Drive location across Horseshoe Lake from the park.