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Superior Court Hears FCPA Appeal December 20

After losing its appeal before the Shorelines Hearings Board last fall, the Fern Cove Preservation Alliance turned to State Superior Court for a review of that ruling. FCPA’s case was assigned to Superior Court Judge Tanya Thorp, and will be heard on December 20, 2024. Proceedings will begin at 8:30am via Zoom. Happy holidays.

The Alliance is contesting the decision by King County to grant Vashon Kelp Forest a permit to operate a commercial aquaculture business on 12 acres of public aquatic lands near the entrance to Vashon’s Fern Cove Nature Preserve. (Sound Action, the local environmental watchdog group, has taken similar legal action against the County’s decision to permit SPARO Industries, the seaweed and shellfish business planning to set up shop on 10 acres along Vashon’s southwest coastline. Sound Action’s case is pending before the State Court of Appeals.)

The Department of Natural Resources is still deliberating over whether to lease the 12 requested acres to Vashon Kelp Forest.  

marybruno186164417

Shorelines Hearings Board Denies FCPA Appeal

On February 28, members of the Shorelines Hearings Board (SHB) “affirmed” King County’s decision to permit the commercial Vashon Kelp Forest project in Fern Cove, as well as the County’s “associated State Environmental Policy Act (SEPA) Mitigated Determination of Nonsignificance.”

The Board’s 70-page decision provides a comprehensive recap of the appeal proceedings and the rationale for its ultimate ruling. (To read the decision, click the above link, then click the red Download File button at the bottom of the page.)

We very much appreciate that SHB members took the time to visit Fern Cove and recognized that it is a unique, public nature preserve. We are disappointed by and respectfully disagree with the Board’s decision. Fern Cove’s extensive delta and expansive view shed will be scarred if this large commercial project becomes a reality. We are consulting with our attorney and evaluating our legal options.” 

Stay tuned.

marybruno186164417

Shoreline Hearings Board Appeal Ends. Now What?

The week-long proceedings before five members of the state’s Shoreline Hearings Board ended on Monday, December 18 with closing arguments. Board members heard from Fern Cove Preservation Alliance attorney Wyatt Golding, and also from lawyers for King County and for permit applicant, Michael Kollins. At issue is the County’s decision to permit Mr. Kollins’ 10-acre commercial kelp farm at the entrance to Fern Cove.

Board members are required to reach a decision by March 1, 2024. While we eagerly await the verdict we’ll be sharing our “prehearing brief”, which laid out our positions, and Mr. Goldings closing argument.

Remember that to start operating the kelp farm proposal still needs to obtain a permit from the US Army Corps of Engineers and a lease from the state Department of Natural Resources. We’ll be tracking the progress of both.

Thanks to everyone out there who’s been supporting our efforts with dollars, testimony, web design skills, interest, ideas and encouragement. Fingers crossed.

marybruno186164417

Closing Arguments in Shoreline Hearings Board Appeal, Monday, December 18, 9am

The Fern Cove Preservation Alliance’s appeal of King County’s decision to permit a 10-acre commercial kelp farm at the entrance to the Fern Cove Preserve wraps up on Monday, December 18. Closing arguments start promptly at 9am. Each side will get about 15 minutes to make its case. Here’s how to listen in:

Zoom: https://eluho-wa-gov.zoom.us/j/4402844101?pwd=OHZiQXUraWxmMzdMS1h6Rkkyb1RQUT09

Telephone Dial-in Number: 253-215-8782

Meeting ID: 440 284 4101

Passcode: 195252

Note to attendees: Please make sure to turn your video OFF and put your audio on MUTE.

Any questions, please contact staff at the Environmental and Land Use Hearings Office at 360-664-9160.

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Shoreline Hearings Board to Visit Fern Cove

In September, the Fern Cove Preservation Alliance appealed King County’s decision to permit a 10-acre commercial kelp farm at the entrance to the Fern Cove Preserve. We present our case to the state’s Shoreline Hearings Board (SHB) starting on December 11, 2023. 

To our surprise and delight, members of the Shoreline Hearings Board have agreed to kick off the appeal proceedings with a visit to Fern Cove on the morning of December 11. This is an unusual step, and we applaud SHB members for taking the time to see for themselves the rare natural beauty, tranquility and accessibility that are at stake.

Focusing on aesthetic and recreational impacts, we’ll argue that the massive 10-acre grid threatens to spoil and endanger a pristine public sanctuary, and that handing over 10 acres of public aquatic lands to a private commercial enterprise will put the area off-limits to all boat traffic. 

The appeal proceedings will be virtual and open to the public. For details on how to attend, check back here or email us at fern.cove.alliance@gmail.com.

Mary Bruno is an author, longtime Fern Cove resident, and a founding member of the Fern Cove Preservation Alliance.