Federal Court Lawsuit Ruling For The Fish
J.L. STOREDAHL & SONS Versus FRIENDS OF THE EAST FOR, et.al. US DISTRICT COURT: UNITED STATES DISTRIC JUDGE JAMES L. ROBART - FEB. 11, 20010
The federal district court has held that NMFS and Fish & Wildlife Service violated the ESA when the approved a Habitat Conservation Plan (HCP) for expansion of the Daybreak gravel mine owned by the JL Storedahl Company, which is next to the East Fork Lewis River. All of Storedahl's land use permits for the mine expansion were based on the HCP, so this decision puts in question the validity of the other permits that have been issued for this project.
In evaluating the impact of Storedahl's plan to expand the mine, the Services gave Storedahl credit for the benefits of reclaiming the existing pits that are adjacent to the East Fork Lewis River, even though Storedahl was already obligated to reclaim those existing pits under state law. The judge held that the Services should not have given credit for reclaiming the existing pits, and instead should have considered that reclamation part of the "baseline" conditions. The benefits of reclaiming the existing pits was central to the Service's conclusion that the mine could be expanded without harming the threatened fish species that inhabit the East Fork.
This also was an important part of the County land use decisions, which relied heavily on the HCP.
Svend Brandt-Erichsen
Marten Law Group
Representing Friends of the East Fork
Archive News
Clark County and Vancouver-Clark Parks and Recreation would like to invite you help prepare a master plan for Lower Daybreak Regional Park.
This undeveloped park property is an extension of Daybreak Regional Park at 26401 NE Daybreak Road between La Center and Battle Ground. The 112-acre site is located on the south bank of the East Fork Lewis River next to the boat launch on the west side of Daybreak Road. See vicinity map.
The property is relatively flat and open with some wooded side slopes. It borders the East Fork Lewis River to the north and Manley Creek runs through the south side of the property. Most of the site is currently open to the public and accessible from the boat launch parking lot.
What is a master plan?
The county must complete a master plan before development can begin. A master plan identifies a preferred mix of recreation uses and facilities that may be included on a specific park property. The county will install the features included in a master plan over time when funding and partnership opportunities are available.
Planning goals
- Take advantage of the river setting and provide visual and physical access to the water.
- Provide a range of recreational opportunities based on public demand, lack of similar opportunities elsewhere, cost to develop and available partnerships.
- Reduce mitigation and permitting costs by locating park amenities in areas with the lowest environmental impact.
- Cluster general-use facilities, such as picnic shelters, playgrounds, open-lawn play fields, restrooms and parking lots, to reduce the potential for conflicts with other uses.
- Link the various use areas and facilities with different types of trail connections (paved, soft surface, rustic, etc.).
- Provide a strong connection to Daybreak Regional Park with compatible uses and shared infrastructure.
- Continue habitat restoration activities and consider providing environmental learning opportunities related to them.
- Allow for potential revenue generation from user and/or lease fees.
How can I get involved?
Interested members of the public are invited to review and provide input on the recreational amenities being considered for this site at an upcoming public meeting. The input received will be used to develop a proposed master plan for the park, which will be presented for review and additional input at a second public meeting in December 2009.
Come to the public meeting
Wednesday, Oct. 14, 2009 at 7 p.m.
Daybreak Primary and Middle School Commons
1900 NW 20th Ave. Battle Ground, Washington
map
Go online
People who are unable to attend the public meeting can review documents and provide input electronically through the project web page starting on October 15, 2009. Comments are due by October 29, 2009.
web page
Site history
Clark County purchased the Lower Daybreak property in partnership with the Columbia Land Trust in 2002. Vancouver-Clark Parks and Recreation Americorps Volunteer Program has partnered with Fish First on several water quality improvement and fish habitat restoration projects along Manley Creek. In addition, a grant agreement has been executed between the Lower Columbia Fish Recovery Board and Fish First to design a bank stabilization and fish habitat restoration project along this portion of the East Fork Lewis River.
Funding
This planning effort will be funded by regional real estate excise taxes, which are paid when properties are sold. These funds are dedicated to planning and developing parks in the unincorporated areas of Clark County.
For more information please contact:
Pat Lee, Program Manager
Clark County Legacy Lands Program
Phone: (360) 397-2375 ext. 4070
E-mail: patrick.lee@clark.wa.gov
Jean Akers, Park Planner
Vancouver-Clark Parks and Recreation
Phone: (360) 619-1120
E-mail: jean.akers@ci.vancouver.wa.us
Visit us online
Proposed Lower Daybreak Regional Park
Expansion East Fork Lewis River
