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HomeMy WebLinkAbout18-11RESOLUTION NO. 1$ 1 A RESOLUTION of the City Council of the City of Port Angeles, Washington requesting appointment to the Natural Resource Damages Assessment (NRDA) Trustees Council for the Rayonier site. WHEREAS, pursuant to the Natural Resource Damages Assessment (NRDA) provision of the federal Superfund law; the National Oceanic and Atmospheric Administration (NOAH), the State of Washington (State), and other Natural Resource Damages Trustees have been engaged in discussions and negotiations concerning natural resource injuries arising from Rayonier's activities on property located within the boundaries of the City; and WHEREAS, the Rayonier Property is located entirely within the corporate limits of the City of Port Angeles; and WHEREAS, as part of an effort to reach a fair and equitable settlement of remaining issues, the Trustees must consider the City's land use plans and regulations to assure that any natural resource restoration projects accommodate future land uses; and WHEREAS, the City of Port Angeles desires to participate in the deliberations, recommendations, considerations, and final determination of the NRDA process and in the preparation of the management plan; and WHEREAS, the City of Port Angeles has prepared a statement to the Governor asking that the City be appointed as a NRDA trustee, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: The attached statement to the Governor is approved. The City Manager shall ransmit it to the Governor of the State of Washington as the official request of the City to be ppointed as a Natural Resource Trustee for the Rayonier property. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 1st day of November r 2011. ATTEST: Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City ttorney MAYOR, Dan Di Guilio G:ILEGALIa ORDINANCES& RESOLUTIONSIRES OLUTIONS.2011\18.Rayonier Property. 10.03.11_2.wpd ORTNGELES W A S H I N G T O N U S A. City Council November 2, 2011 Governor Chris Gregoire Office of the Governor PO Box 40002 Olympia, Washington 98504 -0002 lte: Request by the City of Port Arigeles.to be appointed aNalural Resource Trustee for the Rayonier Mill Site located in Port Angeles, Washington Dear Governor Gregoire: I am writing to ask you to exercise your authority to appoint the City of Port Angeles a,Naturaf .Resource Trustee for the, Milt Site in Port Angeles. As you-knocv, the Rayonief Mill Site occupies approximately 75 acres on Port Angeles Harbor. lt.sits entirely within the •boundaries of the City. of Port Angeles and is integrally connected to the City's Downtown. Because of 'its size and -its location,. the Rayonier property has for decades been designated as a site for future economic growth and developthent. The future use of this property is of utmost importanceto the City and this community The,Natural Resource Trustees for the Rayonier'Mill' Site ,have. begun evaluating natural resource damages caused by contatitinatioh released during the mill's operation. In addition to assessing damages, the Trustees will be considering potential restoration projects •to compensate for the loss of natural resources. Some of -the restoration projects under consideration would be carried out on the Rayonier, property, and would require that the property remain undeveloped in- perpetuity Decisions about these projects will have a profound impact.on future land use in the City. The City wants to.participate in the,Natural Resource Damage Assessment (NRDA) process,so it can protect the cornnrunity's, interests in the Rayonier property The City's formal participation in this.process is essential. None of the current panel ,of Trustees represents.the City of Port Angeles. Ivlorcover, the City is the only governmental entity with direcfland regulatory authority over the Rayonier Mill Site. Two -State laws, the Shoreline Management Act and the Growth Management Act, charge the City. With significant land use responsibilities. Between .2007 and 2010, the State entrusted the City with $300,000 to conduct a community -wide visioning process for the site Additionally, as part of the recent State funded Shoreline Master Program Update; the City Was required to consider arid'evaluate Phone: 360- 417 -4500 Fax:'360- 417 -4509 Website: 4'ww.cityofpa.us Email: ceuncil@cityofpa.us 321 East Fifth Street P.O" Box 1150 Port Angeles, WA 98362 -0217 Page 2 November 2, 2011 Lester io Governor Gmgoire Sine Di Guilio Mayor a broad range of issues -.on this site; including implications of "no net Los's." Any decision to, undertake a natural resource restoration, project on the site will have direct ramifications on the outeomes of these processes: In addition, the City has utility casements; and an:easement for a. recreation trail,.that run' through the property The City also owns 'utility facilities'that abut 'the Rayonier property: The Comprehensive' Erivironmental Response, Compensation, ;and Liability Act'.(CERCLA), authorizes the Governor of each State to designate .Statetofficials.who.may. act onbehalf of the .public as trustees,,l'or .natural 'resources. Governors have Used this authority, to 'appoint representatives from ..oeal governments to serve as. trustees when releases of hazardous substances have had a significant impact on natural. resources within, the local government's jurisdiction. For example, Governor Locke designated the City :of Bellingham to serve as a• Natural Resource Trustee :for the Olympic gasoline spill, which occurred within the corporate limits of that city CERCLA dncourages. cities to participate in the cleanup process to ensure that cleanups accommodate future land uses. Where land use within the city, limits is.at issue, cities;must,be equally' involved. in decisions. affecting the restoration. of natural resources Jamaged .by contamination.:. urge you to appoint the City as a Natural Resource Trustee so it,has a voice .in.thesc critical decisions affecting its future.