Update on Burley Lagoon: Public Hearing May 22nd

We’d like to share some recent updates regarding Burley Lagoon on behalf of The Friends of Burley lagoon who have put together a lengthy case against the geoduck farm proposal.

The appeal will come forward on 3 dates in May but only one allows for public comment & that one is at the Key Peninsula Civic Center on May 22nd. 

Read the Pierce County Notice Here

Proposal: Convert existing shellfish beds from the cultivation of Manila clams and oysters to geoduck clams planted in rigid polyvinyl chloride (PVC) nursery tubes and/or HDPE flexible mesh nursery tubes throughout a 25.5-acre project area. Predator exclusion netting may also be utilized during some portion of the generalized 6-year grow-out cycle. Planting would be done in phases.

Some arguments from FOBL regarding the red underlined statement from the public notice:

Re: Shoreline Substantial Development Permit/Shoreline Conditional Use Permit: Case No. SD/CP15-14 - Burley Lagoon Geoduck Farm (Taylor Shellfish Farms)

Dear Mr. Booth and Mr. Risvold:

I represent the Coalition to Protect Puget Sound Habitat regarding the above-referenced matter. The Coalition has brought to my attention the problem with the recently published Public Meeting Notice that the County issued for the Key Peninsula Land Use Advisory Commission and Gig Harbor Peninsula Advisory Commission meetings to be held later this month. The notice mischaracterizes the proposal in a very significant way. The very first words of the notice state that the proposal is to “[c]onvert” existing shellfish beds from clams and oysters to geoducks. This misstates the nature of the proposal because most, if not all, of the area to be planted with geoducks is not currently cultivated with clams or oysters (or anything else). You have received comments from the Coalition on several occasions documenting that there is no current use of the 25.5-acre project area for clams or oysters. See, e.g., Letter from Coalition to Protect Puget Sound to Ty Booth (Dec. 2, 2021); Coalition to Protect Puget Sound Habitat FEIS Appeal, filed with Pierce County Planning and Public Works (Jan. 20, 2023).

This is no minor mischaracterization. While the Coalition is not misled by this mischaracterization, other members of the public will be. Converting tidelands from one species to another has very different effects than commencing aquaculture activities where none currently exists. Members of the public misled into believing that this is merely a conversion will not be alerted by the notice of the significant impacts that are threatened by this proposal. Because of the misinformation, members of the public likely will not participate in these proceedings as they would if they were correctly informed about the proposal’s true nature.

To be effective, public notice must “reasonably apprise interested parties of the contemplated action that is pending.” Glaspey & Sons, Inc. v. Conrad, 83 Wn.2d 707, 710 (1974). Permit decisions have been invalidated because of inadequate notice. Barrie v. Kitsap County, 84 Wn.2d579 (1974). As that court stated, public notice must fairly and sufficiently apprise those that may be affected of the nature and character of the proposed action “so that they may intelligently prepare for the hearing.” Id. at 585.

The notice the County has provided fails to meet this test. Rather than fairly and sufficiently apprising the public of the true nature and character of the proposal so that they may “intelligently prepare for the hearing,” the notice misleadingly characterizes the proposal in a way that would minimize a reader’s concerns and interest.

Based on the foregoing, we request that the County revise the notice so that it accurately characterizes the nature of the proposal and restarts the hearing process after providing fair and sufficient notice to the public.

Updates from FOBL

It’s time to stand up for Burley Lagoon. Your presence is critical on Monday, May 22, 2023!

When: May 22, 2023 at 6 - 9pm

Where: Key Peninsula Civic Center Gymnasium

17010 S Vaughn Rd NW, Vaughn, WA 98394

Virtual option will be available (link below)

The dates are set! The Key Peninsula Land Use Advisory Commission (KPAC) and Gig Harbor Peninsula Land Use Advisory Commission (PAC) will consider the 25-acre Burley Lagoon / Taylor Shellfish geoduck permit proposal at an upcoming public meeting on May 22nd. 

There will be three meetings, but this date is the only option available for the public to testify in front of the Commissions.  

Bodies count! Our goal is to fill the seats with Burley Lagoon supporters. Wear blue to show your support!

Upon arrival at the meeting (either in person or virtually), Pierce County representatives will give instructions on signing up to provide public testimony. Testimony will be limited to 2 minutes per individual, slideshows will not be allowed, and this will not be a question/answer session. You don’t need to use the entire two minutes, even standing to say, “I don’t support this permit” will be counted.

MAY 22 ZOOM LINK BELOW:

Visit www.Zoom.com and click “Join A Meeting”, or call 253-215-8782, then enter the Meeting ID: 915 5550 6834, and Passcode: 253, or follow this link: https://piercecountywa.zoom.us/j/91555506834?pwd=WEIxeDQ4TFU5VDdnaFZFY1JuZXJSQT09

We look forward to your support!

Friends of Burley Lagoon Board

Pierce County Information

Applicant: Taylor Shellfish Farms, Attn: Erin Ewald: erine@taylorshellfish.com / 360-432-3348

KPAC and PAC Public Meetings: The proposal will be considered at the following meetings:

Monday, May 22, 2023, at 6:00 p.m. - 9:00 p.m.:

• This meeting will be held in person at the Key Peninsula Civic Center, Gymnasium, 17010 S. Vaughn Rd. NW, Vaughn, WA 98394. One may also participate in this meeting remotely.

• Visit www.Zoom.com and click “Join A Meeting”, or call 253-215-8782, then enter the Meeting ID: 915 5550 6834, and Passcode: 253, or follow this link: https://piercecountywa.zoom.us/j/91555506834?pwd=WEIxeDQ4TFU5VDdnaFZFY1JuZXJSQT09

• This will be a joint meeting before the KPAC and PAC. The meeting will first consist of KPAC, PAC and staff introductions, 10-minute overview presentations by the County and Applicant, ground rules, and thereafter public testimony. Of the three meetings, this will be the only one where the public may testify. Instructions to sign up to provide public testimony will be provided upon arrival at the meeting venue and provided online for virtual participants wishing to provide testimony. Testimony will be limited to 2 minutes per individual, slideshows will not be allowed, and this will not be a question/answer session. If possible, please have one spokesperson for those with similar views.

Wednesday, May 24, 2023, 6:30 p.m. - 8:30 p.m.:

• This meeting will be held in person at the City of Gig Harbor, City Council Chambers, 3510 Grandview St., Gig Harbor, WA 98335. This meeting will not be held remotely.

• This meeting is only before the PAC. The public may attend but there will be no additional public testimony. The primary purpose is for the PAC to ask questions of the County and Applicant, to deliberate, and make a recommendation on the proposal.

Thursday, May 25, 2023, 6:00 p.m. - 8:00 p.m.:

• This meeting will be held in person at the Key Peninsula Civic Center, Gymnasium, 17010 S. Vaughn Rd. NW, Vaughn, WA 98394. This meeting will not be held remotely.

• This meeting is only before the KPAC. The public may attend but there will be no additional public testimony. The primary purpose is for the KPAC to ask questions of the County and Applicant, to deliberate, and make a recommendation on the proposal.

Purpose of the Public Meetings: The purpose is for the KPAC/PAC to receive testimony and subsequently make a recommendation on whether the required County shoreline permit(s) should be approved, approved with modifications, or denied. Their recommendations will be considered, at a minimum, by the Pierce County Hearing Examiner.

Environmental Review: On January 6, 2023, the County issued a Final Environmental Impact Statement (FEIS) for the proposal. This concluded the County’s required environmental review pursuant to the State Environmental Policy Act (SEPA). On January 20, 2023, an appeal of the FEIS was filed. However, the KPAC/PAC do not make recommendations on appeals.

Future Pierce County Hearing Examiner Public Hearings: In addition to the meetings above, the Examiner will hold a public hearing(s) in the second half of 2023 (estimated). Written comments regarding the shoreline permit(s) are still being accepted until that time. The Examiner will make the final County decision as to whether the shoreline permit(s), and FEIS appeal, are approved or denied.

Learn more about Burley Lagoon: http://www.friendsofburleylagoon.org/