With a large parcel of land near Husum being considered for partial timber harvest and possible residential development, some neighboring residents are raising concerns about possible impacts.
The applicant on the proposed "Forest Practices Act conversion" is Don Struck. Struck, who lives in White Salmon, owns the Husum Hills Golf Course and serves as a member of the Klickitat County Board of Commissioners.
"The long-range plan is to thin out some of the timber in the area," Struck explained. "There won't be any clear-cutting. Ultimately, we want to create about 20-25 home sites, spread out over the 500 acres, over the next 15-20 years."
The property under review is owned by Struck and Max Lyons, and comprises approximately 500 acres. The land is east of Oak Ridge Road and north of Rattlesnake Road in the Husum area.
On June 3, Tom Provenzano, who owns property adjoining the land, filed an appeal of the Klickitat County Planning Department's "mitigated determination of non-significance" (MDNS) regarding the proposal for a limited timber harvest on the property.
Provenzano's appeal is being handled by Erikson & Hirokawa, a Vancouver law firm.
"We're hoping to at least go to a hearing to give the community the opportunity to raise concerns and object, or to support it if that's the case," Provenzano explained.
Provenzano said he believes there has been a failure to follow SERA [State Environmental Policy Act] rules and regulations.
In Provenzano's appeal document, his attorney points to deficiencies in the environmental impact review process: "Procedurally, the county's threshold determination is deficient because the county has not `actually considered' certain probable, adverse significant environmental impacts from the proposed use," read an excerpt. "We specifically note the absence of sensitive and listed species analysis, the cursory review of wetlands and habitat data, and gaps in the applicant's and county's analysis of probable environmental impacts."
In a later section, the appeal alleged that "the Klickitat County SEPA official erred in issuing this negative threshold determination. The record of the MDNS evidences unstudied probable, significant adverse impacts to the natural and built environment; and therefore fails to demonstrate prima facie compliance with the procedural requirements of SEPA."
Struck said he believes a strong effort has been made to assess environmental concerns related to the property.
"We've met with Bill Weiler from the Washington Department of Fish & Wildlife, and did a habitat assessment. We've set aside some areas with gray squirrel habitat. I felt we went the extra mile to protect the environment," Struck explained.
Struck's application with the Planning Department calls for buffers of at least 50 feet to be created around each squirrel nest.
According to Curt Dreyer, director of the Klickitat County Planning Department, the timber harvest application is before the county only because it involves a conversion from timber lands to non-timber lands.
The Washington Department of Natural Resources issues timber harvest permits in cases such as this.
"The DNR makes the determination," Dreyer said. He added that his office has no application regarding residential development at this time.
"We have no application for any lots," Dreyer said.
Charlie McKinney, forest practices coordinator for the DNR in Ellensburg, said the application his office received for this property shows a total of 264 acres that would be thinned.
"They would be leaving a substantial number of trees on site," McKinney said.
Struck added that part of the land had been previously logged before he bought the property.
According to McKinney, the DNR reviews environmental elements, including stream and wetlands protection, road standards, analysis to see if there are threatened or endangered species on the site.
"Those are the types of things we look at," he said. "We haven't formally started the process yet."
However, the DNR cannot begin its review process until the county completes its SEPA process.
"As soon as the SEPA process is finished, we start our review, which lasts 30 days," McKinney explained. "I assume the appeal puts the county's process on hold."
The property under review is currently zoned "resource lands." Dreyer pointed out that many people believe there is a 20-acre minimum lot size in the resource lands designation, but that is not the case.
"There is no minimum lot size in resource lands," Dreyer explained. "It's a density standard that's assigned."
Provenzano said the zoning itself has spawned controversy.
"I have not talked to one person who did not believe resource lands were not 20-acre minimums," Provenzano said. "Everybody thought it was 20 acres, including people in the valley 20-30 years. If that many people are confused, something's wrong."
Provenzano said he believed the county's zoning processes should be more open.
"The community really needs a voice in how this growth is shaped. This has to be opened up, and the good old boy network has to go," he said.
However, Struck pointed out that the zoning has not been altered in more than 20 years.
"The zoning has not changed since 1982. There is no minimum acreage in resource lands," Struck said. "The theory behind resource lands designation is to cluster smaller home sites and leave the majority of the land for timber or agricultural production. It allows small cluster developments to accommodate residences, but not infringe on ag or timber production."
The appeal could be heard either by a hearing examiner or by the Board of County Commissioners. Struck said he felt a hearings examiner should handle the case.
"Obviously, I think we'd appoint a hearings examiner. I don't think it's appropriate for the appeal to be heard before the County Commissioners," Struck explained.
A major landowner with property near the Struck parcel said he objects to timber harvest on the land.
"The proposal I read would decimate this area, and for what gain? I am vehemently in opposition to what is proposed," said Art Stevens, who owns approximately 420 acres. "It would unmercifully destroy our valley. I and many of my neighbors wrote to the [Klickitat County] Planning Commission, stating our specific objections."
Stevens, who owns property under the name Stevens Family Resources LLC, said he was optimistic Provenzano's appeal would get a favorable ruling.
"My layman's opinion is that it will be a very successful appeal. There are several significant issues of law in this appeal, and very valid issues raised," Stevens explained.
Stevens said he also took issue with Dreyer's contention that there are no minimum lot sizes attached to resource lands in the county.
"I'm Irish, and when someone tells me the zoning is whatever they want it to be, that is replete with conflict and is non-democratic," Stevens said. "I don't think anybody knows what the zoning is. I've never talked with anyone who did not believe the land was 20-acre zoning."
Struck explained that the zoning designation was created for the Husum-BZ valley, and there has been no rezoning.
"It is exactly the way it existed when most of the folks having a problem with this bought their land," Struck said.
Struck said he did not object to an appeal being filed, but said it was a bit ironic that one of the chief concerns being raised regarded the lack of 20-acre zoning.
"I think anybody has the right to state their opinion, but the actual density of this proposal -- spread over 500 acres -- is even more than 20 acres," he said. "As far as density, the misconception is that we're going to do several hundred parcels. The zoning doesn't allow that."
Struck added that the partners involved in the project plan to retain a large percentage of the acreage to pass on to their children.
"My family has been here 150 years. I think I have a good sense of stewardship," Struck said.
Provenzano said he was hopeful a compromise could be reached.
"It would be good to sit down with Don and work something out that's agreeable to all," he said. "We all live here, and it would be great to have a forum and find compromise."
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