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.  

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.

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.

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.

Opposing King County for Love of Fern Cove

King County recently approved a permit to install a 10-acre commercial kelp farm at the edge of the Fern Cove Nature Preserve. If the project can secure a permit from the US Army Corps of Engineers (USACE) and a lease from the state Department of Natural Resources (DNR), Fern Cove will have a 10-acre rectangular grid (that’s the size of 7.5 football fields) floating some 1,200 feet from the mouth of Shinglemill Creek for at least 12 years. The anchored grid will feature more than six miles of surface and subsurface ropes, as many as 288 floats and up to 64 polyform buoys. Eight of those buoys are four-foot-tall navigational aids equipped with white lights that flash every six seconds and are visible for 2.6 miles. 

I have lived in Fern Cove for 22 years, which makes me one of the more recent residents. A group of some 50-odd neighbors and friends from Cedarhurst Road, Burma Road and the Kitsap Peninsula have appealed the County’s permitting decision. Our nonprofit group, the Fern Cove Preservation Alliance, objects on a variety of procedural grounds, but each of them is rooted in one fundamental truth: Fern Cove is a special public place and should be treated as such.

The County, inexplicably, chose a fast-track review process that didn’t allow for any public hearings on this controversial and precedent-setting proposal. The County also failed to attach any conditions to the permit. So, no monitoring, no oversight, no plan or effort to track or assess any impacts on the resident and migratory shorebirds, raptors, endangered orcas, porpoises, seals, salmon and otters, or on the humans who live in and visit and cherish the Fern Cove Preserve. How careless  of the County to be so casual with such a rare and pristine sweep of shoreline, a place that was purchased in 1994 with public funds and which the County itself has deemed “historic and iconic.” 

Why here? That’s the question that baffles Alliance members. Surely there are more appropriate places in Puget Sound for a 10-acre commercial kelp operation. More secluded nooks that aren’t home to a beloved nature preserve and more than 75 families, many of whom have lived in Fern Cove for generations. Is the “historic and iconic” Fern Cove Preserve, indeed is any nature preserve, really the best place for a commercial business venture that will privatize 10 acres of public aquatic lands for 12 years, and perhaps far longer given the current enthusiasm (and lobby) around commercial aquaculture—more proposals are in the pipeline—and the fact that a lease can be renewed or transferred?

“Why does no one simply state the big picture?” asked a concerned neighbor of mine recently: “‘What is Fern Cove? Is it a pristine area to be preserved as is? Or, is it an aquaculture farming commercial waterway?’” That is a very good question. 

As its name suggests, the Fern Cove Preservation Alliance is pushing for preservation. We have appealed the County’s decision. Our case will be considered by the state’s Shoreline Hearings Board starting on December 11, 2023. 

Our hope is that the USACE and DNR and all agencies responsible for making decisions about our public lands and dollars will consider an alternate site; or an experimental designation that puts limits and conditions on any permit or lease; or at the very least, require open-minded and public discussions about how best to evaluate and lessen potential impacts of commercial aquaculture in Puget Sound.

If you’d like more information, please contact 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.